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HomeMy WebLinkAbout02/11/2003AGENDA WHEAT RIDGE URBAN RENEWAL AUTHORITY February 11,2003 PFotice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Urban Renewal Authority on Tuesday, February 11, 2003, atS:30 p.m., in the City Council Chambers of the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. L Call the Meeting to Order 2. Roll Cal1 oY Members 3. Approval of Minutes - January 28, 2003 ' 4. Public Forum (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes.) 5. New Business . A. Adoption of Relocation Policy 6. Executive Session under C.R.S. Section 24-6-402(4)(e) for the purpose of determining matters that may be subject to negotiations, developing strategy for negotiations and/ar instructing negotiators regarding the 38th Avenue & Sheridan Boulevard xedevelopment project. 7. Old Business 8. Other Matters 9. Adjournment ' NIINUTESOF WHEAT RIDGE URBAN RENEWAL AUTHORITY January 28, 2003 7:00 p.m. 1. CALL THE MEETING TO ORDER The Wheat Ridge Urban Renewal Authority meeting was called to order by Chair Mary Hashem at 7:10 p.m. The meeting was held in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Members present: Vance Edwards (Arrived at 7:25 p.m.) Mazy Hashem Elwyn Kiplinger Tom Mallinson Kandi McKay Mazgy Piatter Members absent: Norm Burkpile John Hall Janet Leo Also attending: Alan White, WRURA Executive Director Jim Windholz, Urban Renewal Attorney Steve Szymanski, Szymanski/Ray Arne Ray, Szymanski/Ray Ann Lazzeri, Recording Secretazy 3. APPROVAL OF MINUTES Kandi McKay requested an amendment to the minutes of January 13, 2003. Page two, last word under Old Business should be changed from 44t' and Wadsworth to 44' and Wazd. It was moved by Tom Mallinson and seconded by Elwyn Kiptinger to approve the minutes of January 13, 2003 as amended. The motion passed unanimously. 3. PUBLIC FORUM There was no one present to address the Authority at this time. WRURA Minutes Page 1 1-28-03 4. cv A. Review and Public Comment on Relocation Poli Terry McFadden Paradise Billiards, 5250 West 38'h Avenue Mr. McFadden inquired as to the timeframe for his business to be relocated so he can contact realtors, etc. He expressed concern about the effect this relocation would have on the two national pooi toumaments he will be holding this summer. Jim Windholz gave Mr. McFadden his phone number to call if he has any other questions. He then explained the urban renewal process up to this point. He stated that he is in the process of writing a contract with Cornerstone Group, the developer for Walgreens, which will set forth the timetable for acquiring property. Mr. Windholz estunated that the acquisition process would probably not begin until late spring or summer. Mr. McFadden expressed concem about the thirty-day time limit for relocation. He did not feel that thirty days allowed sufficient time to relocate a business. He also believed that a maYimum of $3,000 for impaired goodwill was inadequate. Mr. Windholz explained that the relocation policy has not been adopted. The reason for this meeting, although not requued by law, is to receive comments on the draft policy and consider the concerns of people who will be affected by this project. Chair Hashem advised Mr. McFadden that he would be informed as the process proceeds and that circumstances, such as the national tournaments, will be taken into consideration. Jim Windholz commented that fime lines will be negotiable. (Vance Edwards azrived at this point in the meeting at 7:25 p.m.) Robert Wallace 3748 Sheridan Mr. Wallace asked how fair mazket value would be deternuned. He asked the Authority to consider that his property is a legacy for his children. Paula Akin 3718 Ames Ms. Akin lives in Pazker, and spoke on behalf of her mother who lives at the above address. Her mother wants to continue living in this house and she asked that the house not be torn down. Mr. Windholz explained that her mother's house is included in the urban renewal project and the Authority will pay for an appraisal and make an offer based upon that appraisal. If she does not agree with the amount offered, she may hire \ WRURA Minutes Page 2 1-28-03 another appraiser, at the Authority's expense, and the price will be nego6ated. The Authority will pay moving expenses. Ms. Akin asked if her mother could have such things as appliances, doors and lighting fixtures removed before the house is demolished. Mr. Windholz advised her that he could see no reason that they couldn't take these things from the house. Mr. Mallinson advised Ms. Akin that all the items they wish to remove from the house should be listed in the coniract. Art Fast Kitchen Masters, 5280 West 38th Avenue Mr. Fast is the owner of Kitchen Masters. He did not believe that allowing 30 days to relocate a business was adequate and asked that the time lnnit be extended from 30 days to "no less than 90 days." hi regard to goodwill and lost profits, he did not believe three months of lost profits was adequate and thought that six months would be more reasonable. Further, he disagreed with $75-100 per yeaz for goodwill was adequate and suggested that $5,000 to$10,000 was more reasonable for businesses which have been in this location for 30-40 yeazs. He , stated that 60% of his business comes from people who drive by. He also commented that it would be very expensive to move his business due to the showrooms. Kelly Zielbauer 5280 West 38th Avenue Ms. Zielbauer owns the property that Kitchen Masters now occupies. She inherited the property from her grandparents. She did not believe she has been adequately inforxned about the process. Sfie objected to the fact that she cannot make a decision as to when, or if, she wants to sell her property. Mr. Windholz explained the process involved if she wanted to appeal the price that is ofFered. The process would involve a hearing before a jury consisting of three Jeffco property owners. Vance Edwazds requested that all of those in attendance, sign a sheet listing their name, address and all phone numbers where they may be reached in order to facilitate the communication process between the Authority and affected property owners. Chuck Mandril Casman's Automotive, 38tn and Sheridan Mr. Mandril believed the city should try to atiract business to Wadsworth rather than 38`h Avenue. Vance Edwazds explained that Wadsworth from 35t' to 45th has also been designated as an urban renewal azea. Mr. Mandril stated that a realtor who he suspected was representing Walgreens has been trying to purchase his properiy for the last ten years but they wouldn't accept Mr. Mandril's selling price. He also stated that the realtor would not WRiJRA Minutes Page 3 1-28-03 diwlge who he was represented. He believed that Waigreens is now using the Urban Renewal Authori'Ty in order to gain the property. He also stated that he had already given land to the City for easements. Tom Maliinson explained that the Anthority was not acting on anyone's behalf. Walgreens expressed an interest in the property and when requests for proposais were sent out, Eckerd's Pharmacy also expressed an interest. It was detemuned by the Authority that Walgreens proposal was the most feasible. Kim McKinney 3690 Ames Ms. McKimiey expressed concern about the amount of traffic that will be generated by Walgreens. This traffic will present a safety hazard to children in her neighborhood. While she has been assured that there will be no entrance to Walgreens from Ames Street, her concern is that people driving to Walgreens will come down Ames Street to avoid congestion on Sheridan. She has made a request to the city for speed buxnps on her street: She also stated that she believed the businesses which haue existed for yeazs at the subject location are more in keeping with the feel of Wheat Ridge along 38`h Avenue than a new Walgreens building will be. Terry McFadden He stated that it was asking a lot from businesses to provide a state audit for the last three yeazs to prove profit and loss. He believed the same accounting procedures that he uses for determining the amount of city sales tas to be paid should be sufficient for him to collect lost profit. He also stated that he believed the party interested in purchasing property in this azea could not get the price they wanted so they went to the Authority. Vance Edwards stated that he understands the frustrations of property owners, and the Authority does not want to do anything to destroy the fabric of the community, but is obligated to evaluate development when it is presented to see if it makes sense. He fiuther stated that, should the Walgreens project develop, the Authority would do everything in its power to be fair and equitable to the affected property owners. He also assured the property owners and tenants that every effort would be made to keep them informed. Alan White commented that there hasn't been much to report for the past two months and reiterated that those affected, will be kept up to date on any new developments. Chuck Mandril He stated that the urban renewal process is hurting his business. He asked that the Authority expedite the process so business and property owners know what steps they need to take. l WRURA Minutes Page 4 1-28-03 5. OLD BUSINESS There was no old business to come before the Authority. 6. OTHER MATTERS There were no other matters to come before the Authoriry. 7. ADJOURNMENT It was moved by Vance Edwards and seconded by Kandi McKay to adjourn the meeting to February 11 at 7:00 p.m. The motion passed unanimously. The meeting was adjourned at,8:17 p.m. Mary Hashem, Chair WRURA Minutes 1-28-03 Ann Lazzeri, Secretazy Page 5 WINDHOLZ & ASSOCIATES . ATTORNEYS AT LAW 1650 38TH STREET SUITE103 WEST BOUI.DER, COLORADO 80301 JAMES A. WIlVDHOLZ, P.C. DAVID S. WiLLIAMSON WILLIAM P. HAYASHI MEMORANDUM TO: WRURA Boazd of Commissioners FROM: Jim Windholz DATE: February 6, 2003 RE: RELOCATION POLICIES Telephone: (303) 443-3100 Fax: (303) 443-7835 In response to public comments on January 28, 2003, I have revised the Relocation Policies for your consideration as follows: 1. Section 3.K. allows 60 days (rather than 30) from the notice date to relocate. 2. This additional time from 30 days to 60 days is also in Sections 4.17. and K. for filing for relocation payments and for moving. 3. The maximum benefit for impaired goodwill has been increased from $3,000.00 to $5,000.00 (Section 5.H.). These proposed revisions aze for your decision. JAW/dr Enc. xc: Alan White Szymanski/Ray Kathy Press WHEAT RIDGE iJRBAN RENEWAL AUTHORITY RESOLUl'ION NO. -2003 Sei'ies of 3003 A RESOLUTION OF THE WHEAT RIDGE URBAN RENEWAL AUTHORITY APPROVING RELOCATION POLICIES FOR THE PROPOSED REDEVELOPMENT PROJECT AT 38TH AVENUE AND SHERIDAN BOULEVARD WHEREAS, in compliance with the Urban Renewal Law of Colorado, the 38`' Avenue Corridor Redevelopment Plan requires the provision of relocation benefits for tenants, residents and businesses which are to be relocated by redevelopment projects; and WHEREAS, the proposed redevelopment project at 38t' Avenue and Sheridan Boulevazd, which includes the development of a Walgreen's retail/drug store, will require the acquisition of property and relocation of tenants, residents and business; and WHEREAS, the Authority has prepared such policies with the public participation of the people affected by the project in the redevelopment area. THEREFORE BE IT RESOLVED by the Wheat Ridge Urban Renewa] Authority that: The Wheat Ridge Urban Renewal Authority Relocation Policies for the Redevelopment Froject at 38~` Avenue and Sheridan Boulevard dated February 2003 aze approved in substantially the same form as attached hereto and made a part of this resolution. DONE AND RESOLVED the day of 2003. Chair ATTEST: Secretary APPROVED AS TO FORM: James A. Windholz, WRURA Attorney WHEAT RIDGE URBAN RENEWAL AUTHORITY RELOCATION POLICIES FOR THE REDEVELOPMENT PROJECT AT 38T" AVENUE AND SHERIDAN BOULEVARD February 2003 1. PURPOSE/APPLICATION. To specify the relocation policies of the Wheat Ridge Urban Renewal Authority (the "WRURA") as provided in the 38`h Avenue Corridor Redevelopment Plan on Ocrober 22, 2001 approved by the City Council of the City of Wheat Riclge (reYerrecl to herein us the Plan); the WRURA hereby adopts these Relocation Policies. These Policies describe requirements goveming the provision of relocation payments and benefits to persons and businesses displaced as a result of acquisition of property pursuant to the Plan. These Policies apply to the Redevelopment Project (Project) at the southwest intersection of 38`h Avenue and Sheridan Boulevard. 2. SCOPE. A. Relocation Plan. These Policies are derived from and are an extension of the relocation provisions of the Plan in compliance with the Urban Renewal Law. The specific provisions of these Policies shall govern and control over the general provisions of the Plan in the event of conflicts between the documents. B. Nature of Payments. The WRURA recognizes that relocation payments are administrative in nature and are required to the extenY provided in these Policies, the Urban Renewal Law and other applicable law. Therefore, the determinations of the WRURA regarding eligibility for and amount of relocation payments made pursuant to these Policies shall be matters of discretion of the WRURA. No federal or state funds are being utilized by the WRURA related to this Project or to make relocation payments. C. No Contract. Nothing in these Po]icies sMall be construed as an entidement or a contractual or promissory obligation to make relocation payments. Subject to the provisions of paragraph B above, payments made pursuant to these Policies are at the discretion of the WRURA. D. Separate from Acquisition - No Duplication of Payment . It is the intent of the WRURA in adopting these Policies that all payments, benefits and services available in these Pohcies are to be classified as relocation benefits and are sepazate from and shall not be a duplication of any benefit or payment due as a result of acquisition of real property or which a Displaced Person, Business or Relocatee would be eligible to receive by negotiation or pursuant to the eminent domain laws of the State of Colorado, or any other payment received pursuant to law. Except as provided in Section 6 for residential relocation, there shall be no duplication of payments for acquisition and for relocation. E. Relocation Benefits Personal to Each Person or Business. It is the intent of the WRURA [o administer the relocation program of the Plan in a uniform manner with regard to al I persons und businesses displaced. However, the WRURA recognizes that different circumstances and needs for reloca[ion exist for each individua] person and business displaced by the Project within the Redevelopment Area. Therefore, the WRURA shall assist each person and business to relucate individually. The amount and extent of relocation benefits shali be determined by the WRURA on an individual basis. Benefits may not necessarily be comparable with relocation benefits of other persons or businesses to be displaced. 3. DEFINITIONS. The following definitions shall be used by the WRURA in interpreting the payments and benefits available within these Policies: A. Action by the WRURA. Any lawful activity undertaken by the WRURA, its agents or assigns, or one operating pursuant to an agreement with the WRURA B. Business. Anylawful activity, that is conducted piimarily for the purchase. sale. lease or rental of personal and real properry; or for the manufacture, processing ur marl.eting of producu. commodities or any other personal property; or is conducted primarily for the sale of services to the public; or is conducted by a non-profit organization. This definition shall not include owners and operators of public utilities, such as electrical, gas, cable, telecommunications, telephone and related service facilities. This definition shall not include outdoor advertising displays, which are intended to be acquired as part of the real property acquired by the WRURA. C. Displaced Person, Business or Relocatee. Any person or persons who move(s) from real property or moves his/her personal property from real property which is acquired as a result of tlie WRURA's acquisition of such property for the Project. If such person occupied such reat property on the date of delivery of a Notice of Intent to Acquire Property by the WRURA and otherwise complies with these Policies, such person is considered to have been displaced as a result of the WRURA's acquisition. No owner of property shall lease premises within the Redevelopment Area to a tenant after receipt of the Notice of Intent to Acquire Property fi-om the WRURA without advising such tenant in writing that the property shall be acquired by the WRURA, that the tenant must vacate the property by the date stated in the notice, and that such tenant shall not be eligible for relocation benefits as provided herein. A copy of such notice must also be provided to the WRURA. The following persons shall not be considered displaced: 1. A person who did not occupy real property in the Redevelopment Area on the date of receipt of the WRURA's Notice of Intent to Acquire Property. 2. Any person whose property was acquired by.the WRURA for [his Project. 3. Any person who moves before receiving a Notice of Intent to Acquire Property. 4. No person shall be eligible for reimbursement.for expenses of more than one move, except as may be approved in advance in writing by the WRURA in relation to x required temporary move. D. The 38th Avenue Corridor Redevelopment Plan. The urban renewLil plan for the 38" Avenue Corridor Redevelopment Area (urban renewal area), was approved and adopted hy the City Council of the City of Wheat Ridge on October 22, 2001, as the same may be amended or modified by City Council from time to time. E. Fair Market Value. The value recognized under the eminent domain laws of the State of Colorado as the appropriate measure of consideration for the acquisition of property. F. Goodwill. Special advantage gained by a Business resulting from its reputation or customer relations distinct from value of its stock or other assets resulting from an established course of commercial activity, and which is impaired specifically and direc[ly related to [he relocation of such Business by this Project. G. Lost ProfiTS. The net profits which a Business loses specifically related to its inability to conduct business during relocation of the Business. H. Non-Profit Oreanization. A corporation, partnership, individua] or other public or private entity that is engaged in a]awful business, profession or instructional activity on a nonprofit basis and that has established its non-profit status under applicable federal or state law. I. Notice of Intent to Acquire Property to Occupant. The written notice by the WRURA to the owners and/or occupants of the property that the WRURA intends to acquire/purchase for the Project. J. Notice of Intent to Acquire Property to Owner. The written notice by the WRURA to the owner to acquire real property for the Project. Such notice shall contain an offer to purchase the real property for the amount determined to be just compensation by the Board of Commissioners of the WRURA and may include a copy of an appraisal of va]ue thereof obtained or utilized by the WRURA. Such notice shal] also designate a date by which the property must be vacated. K. Notice to Relocate. The written notice from the WRURA to an owner, relocatee, resident, tenant or business that it must move from its current location in the Redevelopment Area. Relocation shall not be required upon less than 60 days notice and shall not be required until the WRURA either owns or has legal possession of the real property from which the owner, reloca[ee, tenant or business must move. A Notice to Relocate and negotiations concerning relocation may occur at any time. L. Obsolete Persona] Propert y. Personal property such as, by illustration only, stationery, business cazds, signs, and business forms which are rendered useless to a relocating business because such i[ems refer to the address of the business prior to relocation and cannot be re- lettered or otherwise corrected to reflect the new location of the business. M. OutdoorAdvertisingDisplav. Any type of outdoor display which is permanently affixed or attached to the ground or a building and used for the promotion of the sale, resale, manufacture, processing or marketing of products, commodities, personal property, or services whether or not such display pertains to the premises on which it is located. For the purposes of Section 5. A. below, only an outdoor advertising display shall be deemed a business. N. Owner. Any person(s) who owns fee simple title or a life estate in real property to be acquired for the Project, or who holds any other interest which, in the judgment of the WRURA, warrarits consideration as ownership. 0. Person. Any individual, partnership, corporation, trust or association. P. Personal Propert y. Tangible property which is classified by the WRURA as personaliry under Colorado law, is owned by the relocatee, is located on real property fo be acquired, and is not purchased by the WRURA in the acquisition of such real property. Q. Project or Project Area. The portion of a Redevelopment Area being redeveloped in a specific project. The Project Area is located at the northwest portion of the intersection of 38`h Avenue and Sheridan Boulevard as described in Exhibit A hereto. R. Real Property. Property that is classified by the WRURA as realty under Colorado law, for example, fixtures which cannot be moved at a reasonable cost. Relocation expenses shal] not be reimbursed for fixtures and other items of rea] property which have been purchased by the WRURA in connection with its acquisition of the realry irom which a displaced business is moving. S. Redevelopment Area. See Urban Renewal Area. T. Redevelopment Project or Project. The Project for the redevelopment of a portion or al] of the Redevelopment Area as it is descnbed in the Plan, as may be amended. U. Relocatee. The tenant, occupant, resident or business oF reul pruperty whu may bc eligible for relocation benefits, V. Relocation. The transportation of personal property of the relocatee from one location in the Redevelopment Area to a differen[ location outside the Redevelopment Area or, subject to approval by the WRURA, within the Redevelopment Area, by the owner of said property, for the purpose of using the property at the new location in the same manner it was used within dle Redevelopment Area. For purposes of these Policies, a business shall not be deemed [o be relocated unless the business personal property located within the Redevelopment Area is moved to another location for use in the same or similaz business owned and operated by the person(s) that owned [he business within the Redevelopment Area. W. Relocation Administrator. The person appointed by the WRURA who is responsible for administering the provisions of these Policies. 4 X. Salvage Value. The probable sale price ot an iiem, if' ufiered fur sale un ihe cundiLiun that it be removed from the real property at the buyer's expense, allowing a reasonable penod of time to find a person buying with knowledge of the uses and purposes for which it is adaptable and capable of being used. This includes separate use of serviceable components and scrap when there is no reasonalile prospect of sale except on thut basis. Y. Tenant. A person(s) who rents or who is temporarily and lawfully in possession of an interest in real property, who may also be referred to as relocatee, resident or business. Z. Urban Renewal Area. The area described in the Plan within the jurisdiction of the WRURA and within the City of Wheat Ridge, also referred to herein as the Redevelopment Area. AA. Urban Renewal Plan or P1an. The 38"' Avenue Corridor Redevelopment Plan, also known as the Plan, which was approved and adopted by the Ciry Council of the City of Wheat Ridge on October 22, 2001, as the same may be amended by City Council from time to time. 4. GENERAL ELIGIBILITY REQUIREMENTS AND PROCEDURES. A. No Duplication of Payments. No displaced business shall receive any compensation for relocation which, in the opinion of the WRURA, would substantially duplicate the compensation which was received or which an owner or displaced business is eligible to receive under the applicable laws of eminent domain or under any other applicable laws or regulations. Linder no circumstances will there be a duplication of payments for acquisition of property and for relocation. B. Conditional Right to Relocation Benefits. No relocatee shall have a right to any relocation benefits provided hereinuntil after the date the WRURA mails or delivers a Notice of Intent to Acquire Property to the owner and/or the tenant of the property from which the relocatee is moving. C. Least Cost Approach. The amount of payment for an eligible relocation expense shall not exceed the ]east cosdy method, as determined by the WRURA, of accomplishing the objective of the payment without causing undue hazdship to the displaced person or business. D. Detemunation of Eli ibility for Relocation Benefits. The WRURA may designate a person as Relocation Administrator, who shall have the primary responsibility for establishing eligibility for specific relocation benefits and the amount of payments to be made in accordance with such eligibility in accordance with these Policies. Appeals from the deternunation made by the Relocation Administrator shall be determined in accordance with Section 10. of these Policies. E. Documentation. Any claim for a relocation payment shall be submitted to the WRURA and supported by such documentation as may reasonably be required by the WRURA to establish tlle accuracy of expenses incurred, such as bills, statements, invoices, bids, certified pnces, appraisals, or other evidence of such expenses. ' F. Time for Filing. All claims for relocadon payment shall be filed with the WRURA within 60 days after the move is completed, unless, for good cause shown, this time period is waived or extended in writing by the WRURA. The move shall be deemed to be completed on the date the relocatee removes all of its personal property from the site, or the date of the WRURA's acquisition thereof, whichever date is eazlier. After the 60-day period has expired, the relocatee shall be deemed to have waived all entitlements. G. Multiple Tenants of One Place of Business. Two or more distinct business entities, as determined by the WRURA, occupying a single place of business are each entitled to actual reasonable moving expenses, as determined by the WRURA, as well as the other benefi ts provided to business owners by the Plan. Benefit puymeni for items owncd nr leusrd joinik h\ IhC tcnauni, shall be paid jointly to the tenants, unless another arrangement is mutually agreeable to all of the tenants. The WRURA shall not be responsible for the distribution of such payments among the tenants. H. Pavment of Benefit The WRURA shall pay relocatee one-half ('/z) of its total relocation benefit upon the execution of an agreement between the WRURA and the relocatee for relocation. The remainder of the benefit shall be paid upon the relocatee's completed move from the Projeet Area and written verification of all costs incurred to the reasonable satisfaction of the WRURA. Such payments may be madejuinUy tu relocalce and any thnd party pcrlurnuno scn iccs iur thr relocatee related to its move from the Project Area at the discretion of the WRURA. In the event relocatee provides lien waivers or receipts from such third parties, the WRURA shall make the relocation payment to relocatee. 1. Set Off for Claims. The WRURA may withhold any part or all of a relocation payment to a relocatee to satisfy an obligation or debt of the relocatee to the WRURA or the City of Wheat Ridge. J. Burden of Proof. Claimants shall have the burden of proof to establish eligibi lity for, and amount of, any relocation payment claimed hereunder. K. Time for MovinQ. All claimants must complete any relocation from their current sites by the date specified in the settlement agreement wi[h the WRLRA; however, iF no settlement is achieved, within 60 days of receiving written notification from the WRURA to relocate or within such additional time as the WRURA may determine and specify in writing. L. Ineligible Tenants. l. Owner's Oblieation to Notify New Tenants. No owner within the Urban Renewal Area shall lease premises to a tenant after the owner's receipt of the WRURA's Notice of Intent to Acquire the property without giving prior written notice to such tenant that the property is being acquired by che WRURA and tha[ such tenant shall not be eligible for relocation benefits from the WRURA. A copy of the owner's notice to the tenant shall be delivered to the WRURA. ~ 2. Categories of Ineli ibilitY. The following occupants, tenants, renters, residents or businesses shal] not be eligible for relocation assistance: a. One which does not occupy real property in the Project Area on the date of the WRURA's Notice of Intent to Acquire the property. b. Anyone who moves before receiving a notice to relocate by the WRURA, if such property is for any reason not redeveloped pursuant to the Redevelopment Plan. c. A subtenant of a tenant, unless such subtenant demonstrates, with documentation satisfactory to the WRURA, that it is a sepazate legal entiry from the tenant and otherwise satisfies the eligibility requirements of these Policies. d. Anyone who the WRURA deternunes had prior plans to relocate for reasons independent of the project for which the WRURA is acquiring the property. e. Expenses of relocating outdoor advertising displays and public utilities are not eligible for relocation payments hereunder. f. Mu]tiple lease agreements for different leasehold areas shal I not be considered multiple tenancies if the WRURA deternunes, in its sole discretion, that the areas are operated as a single business. g. Any displaced business which is operating in violation of applicable law shall not be eligible for relocation expenses. This shall include, but not be limited to, businesses operating without required licenses or in violation of applicable land use laws, regulations, building and zoning codes. h. Any business which has not occupied the property for 180 days prior to the date a court grants possession of the property to the WRURA if an action in eminent domain is initiated by the WRURA. i. Any business whose tenancy or right to possess any portion of the property is terminated because of either (1) the expirauon of the term of its right to possession; or (2) contractual termination of such right to possession. j. Any business to whom the WRURA made a good fai[h offer to re[din as a tenant or owner in the Project and which business declines such offer. k. Public utilities are not eligible for relocation payments. l. Any business which fails to complete its relocation in the time specified. 5. BUSINESS RELOCATION - ELIGIBLE EXPENSES. Relocation shall include the following eligible expenses: A. Professional Services,Insurance and Transportation. A displaced business shall receive a sum of $1,000.00, plus $.50 per square foot for the net leasable azea of the building in excess of 3,000 square feet, not to exceed a total payment of $5,000.00, to cover any expenses incucred in the following categories: 1. Professional services, including but not limited to, realtors, azchitects, brokers, planners, engineers, and consultants hired for such activities as finding a new location, negotiating a new lease or purchase of the new location and planning the move of the personal property. Professional fees, such as attorney's fees, incurred in connection with representing the displaced business in preparing a location claim or in contacts or proceedings before the WRURA or other entities, such as courts or azbitrators, including administrative, legal proceedings or litigation, shall not be eligible for reimbursement. 2. Liability or casua]ty insurance in connection with the move and any temporary storage. 3. Transportation expenses in connection with re]ocation. B. Movin . Paclting, crating, moving, unpacking, and uncrating personal property based on customary and standard rates of storage as deternuned by the WRURA. C. Temporar, Sge. Starage of personal property as the WRURA determines to be necessary, to be paid on the maximum basis of $0.25 per square feet of net indoor leasable space. D. Reinstallations. Disconnecting, dismantling, removing, reassembling, and installing relocated and any substitute machinery, equipment and other eligible personal property, based on customary and standard costs as reasonably determined by the WRURA. This may include connecting to utilities available at the new rate and modifications necessary to adapt such property to the replacement structure or to the utilities or to adapt the utilities to the personal property. A clisplaced business shall be eligible for payment of these expenses only if it provides to the WRURA a list of property that is to be disconnected and reinstalled at the replacement location by the date set for submission of the list by the WRURA. Notwithstanding the foregoing, the maximum eligible benefits for reinstallations shall be based upon $10.00 per squaze feet of net indoor leasable space. E. Licenses, Printing and Advertising. The minimum sum of $1,000.00, with a maximum sum of $5,000, to be paid on the basis of $0.50 per square feet of net indoor leasable space for expenses incurred in the foilowing categories: 1. Any license, permit or certification required by the displaced business at the replacement location. 2. Advertising, re-lettering signs and printing materials such as stationery and business cards made obsolete as a result of the move. F. Substitute Personal Property. Purchase of substiture personul propeny. " hich is u,ed as part of the business and cannot be reasonably utilized or adapted Yor use at the new loca[ion, but is promptly replaced with a comparable substitute item at the replacement site. The displaced business is entifled to payment of the lesser of the cost of the substitute item, including installation cost at the replacement site, less trade in of the replaced item, and less any sale or salvage proceeds if any. Personal property, which must be upgraded to comply with health or building codes or other applicable regulations or which has no value or minima] value, as determined by the WRURA, is not applicable to this Section. G. Real Propertv Fixtures. A displaced business shall not be compensated for loss of real property fixtures installed on the premises to be vacated unless the business provides evidence satisfactory to the WRURA that the business installed the fixtures and that the business or the tenant, not the owner of the premises, owns the fixtures. If such evidence is provided, the value of the fixtures will be established by the WRURA, subject to reduction for depreciation. The value reimbursed to the business shall be only for the business's remaining lease term and options, if any, in the premises. Notwithstanding the foregoing, the maximum eligible benefits for fixtures shall be based upon.$15.00 per square feet of net indoor leasable space. H. Goodwill and Lost Profits. Displaced businesses may request a sum for lost profits and impaired goodwill. Benefits for lost profits shall be based upon the average monthly profit of the business as reflected on audited financial statements for the previous three full calendar yeazs and supported by or based upon federal and state tax returns for such three year period. Reimbursement for lost profits shall be limited to 75% of the average monthly profit as reflected on the audited financial statements for a maximum of three months. The WRURA may make a payment at the discretion of the Relocation Administrator for impaired goodwill based upon a request by a business documented with verified evidence of the nature of and reasons for impairment of goodwill. Payments for impaired goodwill shall not exceed. $5,000.00. I. Notification to the WRURA and Inspection. To be eligible for payment under this section, the displaced business shall: l. Permit the WRURA to make reasonable and timely inspections of the personal property at the displacement and replacement sites. 9 2. Provide an inventory of all personal property expected to be moved within 30 days after receiving a Notice to Relocate from the WRURA and, if the business is a tenant, a list of all real property improvements made by the business which are affixed to the real property and belong to the owner. J. Cessation of Business - Delay. If a business determines to cease doing business, iY shall be eligible for benefits based upon the following maximum sums: For indoor retail floor space: $10.00 per square foot; For indoor storage space: $3.00 per square foot; For office space: $5.00 per squaze foot; For outdoor retail space: $0.30 per square foot; For outdoor storage space: $0.13 per square foot. If a business delays relocation, it shall be eligible for benefits of $5.00 per square foot of net indoor leasable space at the time of closure of the business. Thereafter, the WRURA will calculate the total eligible relocation benefits available for the business and pay any additional eligible relocation benefits when it commences business at the relocated site. If such finally determined relocation benefits are less than $5.00 per square foot of net Ieasable space. no refund will be due the WRURA by the business. Relocation to a site at a distance of 25 miles or more, or to a site that involves extraordinary costs (as deternuned by the WRURA) shall not be eligible for additional or extraordinary relocation benefits. 6. RESIDENTIAL RELOCATION - ELIGIBLE EXPENSES. If residentia] tenants or renters are displaced through property acquisition by the WRURA, such tenants shal] be eligible for the following relocation benefits: A. A finder's fee of $750 for locating and securing a replacement dwelling unit, within a 25 mile radius in which the displaced resident desires to locate. B. If tenant is a renter, a one-year rent differential necessary to leuse (discounted to present value) a compazable (as reasonably determined by the WRURA) dwelling unit, within a 25-mile radius. C. If tenant is an owner, loan discount points not to exceed 117c or $ i,500.OQ which ever is less, to discount a mortgage to a principal and interest payment on a loan balance equal to the existing loan balance principle and interest payment on any mortgage. D. Actual costs, established by competitive bid, associated with packing, crating, boxing, moving and transporting all personal property for a distance of not more than ZS miles to a replacement dwelling. ~ 10 E. Insurance of personal property for moving. F. Temporary storage not to exceed four months. 7. RELOCATION SETTLEMENTS. A. Security Deposits. ff a tenant has paid a security deposit to landlord or property manager for a lease on property.to which the WRURA is taking title or possession, the WRURA shall reimburse such deposit to the tenant after the deposit is paid to the WRURA by the property owner, manager or landlord. B. Rent Payment and Abatement. Upon settlement of relocation benefits, a tenant shall assign its lease to the WRURA, which will assume all payments due under the lease from the date the tenant vacates the premises until the WRURA takes possession of or title to the property and such payments are no longer due to the landowner or its agent. If the WRURA has possession of or title to the property, a tenant may elect to have its rent abated from the date of execution of a settlement agreement with the WRURA until the tenant's agreed upon date of vacating the premises. If the tenant fails to move out by the agreed upon date, the tenant shall resume paying rent to the WRURA. If rent is abated while the tenant continues to occupy the property, an amount equal to the abated renYShall be deducted from any rent subsidy to be paid to the tenant by the WRURA. Any unpaid rent owed by the tenant to the WRURA shall be deducted by the WRURA from the final settlement payment to the tenant. 8. INELIGIBLE MOVING AND RELATED EXPENSES. A. Ineligible Costs and Expenses. A displaced person, tenant of a residence or business is not entitled to payment for: 1. Cost of moving or reconstructing any structure or real property improvement which was located on the property in which the relocatee or business reserved ownership and did not receive payment therefore from the WRURA as part of the real property acquisition. Nothing herein shall obligate the WRURA to allow a relocatee or business to reserve ownership in any fixture or item of real property. 2. Interest on a loan related to the relocation of a business. 3. Loss of trained employees. 4. Physica] improvements at the replacement location of the business or professional fees related thereto. 5. Any additional expense of a business or nonprofit organization which was incuned because of operating in a new location, including but not limited to, costs of 11 upgrading improvements or ptoperty to meet code reyuirements, additiunal permits, ur licenses. 6. Personal injury. 7. Legal or attorney's fees or other costs for preparing a claim for relocation paymen[ or for representing claimant before the WRURA, any other entity or court, or for providing any otherlega] services. 8. Storage expenses in excess of the time limitations in these Policies. 9. Any expense or payment for which the business owner shall receive reimbursement.or compensation from another source or pursuant to any other law. 10. Tases. 11. L,ease paymencs not received by a property owner (ur rental property clue prmr to acquisition of the property by the WRURA. 12. Any expenses not specifically listed as eligible for payment in these Policies. 9. RELOCATION ASSISTANCE ADVISORY PROGRAM - NOTICE. A. The WRURA shall assist in relocating the business displaced by the Project. Such assistance shall include, but is not limited to, supplying information concerning federal, state and local programs offering assistance to relocatees; identifying realtors and others who may help locate replacement sites; identifying services for moving, packing, storage, and insurance; assistance with the WRURA relocation procedures and submittals for relocation expenses; minimizing the hardship caused by the relocation, and assisting businesses in obtaining replacement locations and becoming established in such locations. To implement this program, the Relocation Administrator shall be responsible for determining the needs of the relocatees for any such assistance. If a relocatee desires any such assistance from the WRURA in relocating his/her business, he/she shall so advise the Administrator. The Administrator is authorized to provide such assistance or make a recommendation to the WRURA of a program to provide the requested assistance. B. Notification. As soon as feasible after the approval of an agreement with a private developer/redeveloper or private business to redevelop the Project Area, the WRURA shall notify each relocatee in the Project Area regarding: 1. The relocation services, benefits and procedures to be provided by the WRURA. 2. The anticipated schedule for the Project including the expected date for the comple6on of all moves and relocations. ~ 12 10. APPEALS. A. Purpose. The purpose of this Section is to describe the WRURA's procedure for appeals to the Board of Commissioners of determinations of fina] relocation benefits made by the Relocation Administrator in accordance with Section 4.1). above. B. Actions Which May Be Appedled. A person may File an uppeal of a final determination of relocation benefits by the Relocation Administrator to the Board of Commissioners of the WRURA, provided, however, an appea] shall not be filed unless the person has negotiated in good faith with the Relocation Administrator. C. Joint Appeals. Two or more persons may join in filing a single appea] if each has grounds for an appeal. D. RiQht to Representation. A person has a right to be represented by legal counsel and to be accompanied by an advisor, attomey or other representative in any personal appearance regarding an appeal. Such legal representation shall be at such person's sole expense and not that of the WRURA. E. Review of Files by Person Making Appeal. Within the requirements of applicable laws, the WRURA will permit a person to inspect and copy all files and records of the WRURA and the Relocation Administrator specifically pertaining to such appeal, except materials which are confidential. Confidential matters include but are not limited to negotiations between the WRURA and any other person or business and privileged communication of the WRURA, its staff and consultants and its legal counsel and/or legal advisors. Confidential matters may also include those matters related to the Colorado laws regardinapublic records. The WRUR.A ma~ impose reasonabte conditions on the person's righ[ of inspection. F. Time Limit for InitiatinAppeal. Unless waived or extended in writing by the WRURA, an appeal to the WRURA shall be in writing within 30 days after the Relocation Administrator advises the person in writing of his/her recommended final offer of relocation benefits. G. Request for Review. An appeal to the WRURA is instituted in the form of a written request for review by the claimant. If, as part of the review procedure, a person asks to ma]<e an oral presentation to the WRURA, the WRURA will make a good faith effort to give such person the opportunity to make such oral presentation within 30 days of receipt of the request for review, or as soon thereafter as practicable. A claimant may elect either a public or private hearing before the WRi.JRA. A person may elect to file a written appeal to the WRURA within the time for initiating the appeal and may include any documentation deemed relevant with the request for review. All such documentauon shall be filed with the WRURA within 15 days of the date of receipt by the WRURA of claimant's request for review and at last seven calendar days prior to any hearing set before the WRURA, whichever is earlier. Information submitted 13 thereafter need not be considered by the WRURA, except by approval of the WRURA's Board of Commissioners. H. Scope of Review. The WRURA, in deciding the appeal, may consider: 1. These Policies; and 2. All applicable laws, rules and regulations; and 3. All pertinent and relevant arguments and matenals submitted by the person making the appeal; and 4. All materials and documents upon which the Administrator based the deternunation being appealed, and any other available information that is necessary to assure a fair and full review of the appeal. I. Determination and Notification After Written A12peal. Within 30 days of the hearing, or if no hearing is held, within 30 days of the receipt of all relevant information, as provided herein, the WRURA shall make its wdtten determination regarding the appeal to such person. Mailing of such decision to the claimant at his/her last known address shall constitute the WRURA's final action. J. Request for Additional Time Period. A person who makes a request for additional time to prepare for an appeal based upon reasonable cause, at the discretion of the WRURA, he/she may be granted additional time not to exceed 30 days. K. Determinations Final. Determinations on appeals made by the Board of Commissioners of the WRURA shall be final. 11. GENERAL PROVISIONS. A. Time. Any deadline or time period in these Policies may be modified by a written agreement signed by the WRURA and a relocatee. B. Pavments. In its sole discretion, the WRURA may agree to a payment schedule in variance from these Policies upon a showing of necessity by the relocatee. C. Burden.of Proof. 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