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HomeMy WebLinkAbout11/16/2004AGENDA WHEAT RIDGE URBAN RENEWAL AUTHORITY November 16, 2004 Notice is hereby given of a Public Meering to be held before the City of Wheat Ridge Urban Renewal Authority on Tuesday, November 16, 2004, at 5:30 p.m., in the City Council Chambers of the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. 1. Call the Meeting to Order 2. Roil Call of Members 3. Approval of Minutes - October 19, 2004 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. Ratification of Approval of Release Agreement with Art Fast 6. Exewtive Session under C.R.S. Section 24-6-402(4)(e) &(b) for the purpose of determining matters that may be subject to negotiations, developing strategy for negotiations and/or instructing negotiators regarding the terminated 38th Avenue and Sheridan Boulevard redevelopment project and receiving legal advice regarding specific legal questions related to litigation regarding the terminated 38th Avenue and Sheridan Boulevard redevelopment project. Adjournment MINUTES OF WHEAT RIDGE URBAN RENEWAL AUTHORITY October 19, 2004 5:30 p.m. 1. 2. 3. 4. CALL THE MEETING TO ORDER The meeting of the Wheat Ridge Urban Renewal Authority meeting was called to order by Chair Hashem at 530 p.m. in the council chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commissioners present: Commissioners Absent: Mary Hashem Elwyn Kiplinger Tom Mallinson Terrell Williams Janet Leo Pete Ziemke Also attending: Alan White, WRURA Executive D'uector Corey Hoffmann, WRURA Attomey Terry McFadden, Paradise Billiazds Chazles Durbin, 3703 Ames St. Robert Wallace, 3749 Sheridan Blvd. Kelly Zielbauer, Kitchen Masters Ann Lazzeri, Recording Secretary APPROVAL OF MINUTES It was moved by Terrell Williams and seconded by Elwyn Kiplinger to approve the minutes of October 4, 2004 as presented. The motion passed unanimously. The agenda was amended to heaz the first item of new business prior to conducting the public fonun. NEW BUSINESS A. Approval of Release Agreement and License Agreement with Terry McFadden Mr. Hoffrnan introduced this item. At the Authority's direction, Corey Hoffinann and Alan White entered into negotiations with Terry McFadden of Pazadise WRIJRA Minutes Page 1 10-19-04 Billiazds to arrive at a settlement agreement for any and all claims that could have resulted from the Authority's actions concerning relocation of Paradise Billiards. In addition to a settlement amount of $30,000, there is a license agreement to allow the use by Pazadise Billiards of a gazage located at 3718 Ames Street for one month in order to construct a temporary bar. Mr. McFadden will provide inswance for this use under the license agreement. In reply to questions from Chair Hashem, Mr. McFadden stated that the $1000 deductible provision for insurance on the gazage was satisfactory and that the time period of one month was more than adequate. He also stated that the insurance covered all employees. Chair Hashem requested the addition of a provision that would require removal of all materials from the gazage when the license agreement expires. It was moved by Terrell Williams and seconded by Tom Mallinson that the Authority to approve the two agreements between the Wheat Ridge Urban Renewal Authority and Mr. McFadden as written and amended for both the settlement agreement and the license agreement for temporary use of the garage located at 3718 Ames Street. The motion passed unanimously. Tom Mallinson requested the following sentence be added to pazagraph 4: "Licensee further covenants to remove all materials from the licensed premises prior to the end of the term of this license, including any hazardous materials, if any such materials are used." Terry McFadden thanked the Authority for approving the settlement and expressed his relief that the long difficult process is over. 5. PUBLIC FORUM Kelly Zielbauer 5455 West 38tn Avenue Ms. Zieibauer claimed that, while all other tenants and property owners have been informed, she has never been contacted regazding settlement issues. She stated that the lease with her tenant, Kitchen Masters, would expire at the end of the yeaz. Chair Hashem stated that direction was given for letters to be sent to all tenants and property owners concerning settlement issues and that she did noi understand why Ms. Zielbauer was the only person who did not receive one of these letters after special effort was made to verify her legal mailing address. She furtUer advised Ms. Zielbauer that a copy of the letter would be provided to her and requested that all future correspondence with Ms. Zielbauer be sent by certified, retum receipt requested, mail. In conclusion, Chair Hashem advised Ms. WRURA Minutes Page 2 10-19-04 Zielbauer to call Don Ostrander to arrange a meeting regarding her settlement issues. Edward Kaufman 13490 Lafayette Court Mr. Kau&nan expressed interest in purchasing the home on Ames Street, presently owned by the Urban Renewal Authority. He offered to pay $100,000 for the property "as is." Mr. Kaufman was directed to submit his offer in writing to Alan White and contact the Authority at its next meeting. In the meantime, the Authority wili discuss all possible altematives for disposition of this property. 6. EXECUTIVE SESSION It was moved by Tom Mallinson and seconded by Elwyn Kiplinger that the Wheat Ridge Urban Renewal Authority enter iato an executive session on October 19, 2004, under CRS Section 24-6-402(4)(e) and (b) for the purpose of determining matters that may be subject to negoriations, developing strategy for negotiations and/or instructing negotiators regarding the terminated 38th Avenue and Sheridan Boulevard redevelopment project and receiving legal advice regarding specific legal questions related to outstanding issues regarding the terminated 38tn Avenue and Sheridan Boulevard redevelopment project. The motion passed unanimously. The regular meeting was adjoumed at 5:58 p.m. The executive session was convened in the lobby conference room at 6:03 p.m. Those present for the executive session were as follows: Mary Hashem, Elwyn Kiplinger, Tom Mallinson, Tenell Williams, Alan White, Corey Hoffmann, and Ann Lazzeri. The executive session was adjoumed at 6:53 p.m. RECONVENE REGULAR MEETING The regulaz meeting was reconvened at 6:59 p.m. 8. OTHER NEW BUSINESS A. Reschedule Neat Meeting Because the next regularly scheduled meeting of the Authority will fall on election day, the Authority discussed whether or not to cancel the meeting for November 2, 2004. There was a consensus of the Authority to cancel the November 2"d meeting and to call a special meeting if necessary before the next regularly scheduled meeting on November 16 . WRURA Minutes Page 3 10-19-04 B. Resignation Mary Hashem announced that she will be moving out of the city and therefore tendered her resignation from the Authority effective October 20, 2004. Elwyn Kiplinger announced that this was also his last meeting. His term ended two yeazs ago; however, he continued to serve on the AuthoriTy until now in order to have a quorum to conduct business. On behalf of the Authority, Terrell Williams expressed appreciation to Elwyn Kiplinger and Mary Hashem for their service to the Authority. C. Election of New Chairperson It was moved by Chair Hashem and seconded by Tom Mallinson to appoint Terrell Williams as acting chair of the Wheat Ridge Urban Renewal Authority. The motion passed unanimously. 8. ADJOURNMENT It was move by Tom Mallinson and seconded by Elwyn Kiplinger to adjourn the meeting at 7:03 p.m. The motion passed unanimously. Mary Hashem, Chair Ann Lazzeri, Secretary WRURA Minutes 10-19-04 Yage 4 RELEASE AND SETTLEMENT AGREEMENT READ CAREFULLY BEFORE SIGIVING KNOW BY ALL THESE PRESENTS that I, ARTHUR E. FAST, individually, and as President of and for and on behalf of T'HURION VENTURES, INC., a Colorado corporation d/b/a Kitchen Masters, located at 5280 West 38'h Avenue, Wheat Ridge, Colorado 80212 (hereinafter collectively refened to as "Fast"), for and in consideration of Thirty Thousand Dollars ($30,000.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby, REMISE, RELEASE AND FOREVER DISCHARGE the Wheat Ridge Urban Renewal Authority, a body corporate and politic, the City of Wheat Ridge, a Colorado home rule municipality, and their agents employees, former employees, partners, successors, subsidiaries, assigns, elected officials, appointed officials, attomeys, insurance cacriers, and self-insurance pools (hereinafter refened to as "Releasees"), together with any other person, firm, or corporation of and from any and all actions, claims and demands whatsoever, which we now have or may have in the future arising out of events which occurred through and including the date of this Agreement in furtherance of that Disposition and Development Agreement with The Cornerstone Crroup XXII, L.L.C., dated May 1, 2003, subsequently amended August 1, 2003, September 1, 2003, October 15, 2003, and November 25, 2003 in order to redevelop the Southwest corner of 38`h Avenue and Sheridan Boulevard (the "Project"). This Release and Settlement Agreement specifically includes all contact between Fast and the Releasees related to the potential acquisition of the property located at 5280 West 38`h Avenue by the Wheat Ridge Urban Renewal Authority, and the decision by Fast to move and relocate Kitchen Masters as a purported result of the potential acquisition, specifically including any and all costs associated with such relocation of Fast's business previously loc8ted at 5280 West 38`h Avenue, Wheat Ridge, Colorado 80212 and all other contacts and actions taken by any party in furtherance of the Project. As a further consideration for said sum, Fast warrants as follows: that no promise or agreement not herein expressed has been made to Fast; that in execuGng this Release and Settlement Agreement Fast is not relying upon any statement or representation made by the parties hereby released or said parties' agents, servants and attorneys concerning any matter or thing, but is relying solely on his own judgment and knowledge and the judgment and knowledge of his attorneys; that the above mentioned sum is received by Fast in full settlement and satisfaction of all the aforesaid claims and demands, whatsoever, whether said claims be in tort, contract, by state or federal constitution, by common law, by estoppel, by statute or otherwise; that Fast includes in the settlement any right which he might have to attomey's fees or costs; that in arriving at the amount paid for settlement, there has been taken into consideration the fact that the injuries and damage alleged to be sustained by Fast may be permanent and progressive or unknown at this time and a portion of the consideration paid hereunder has been paid specifically for the release of presenfly unknown conditions and for aggravation of conditions, economic or othenvise, which may in the future arise or become appazent; that it is Fast's clear intention to fully and forever release Releasees from any and all claims, even if there may presently exist a mistaken belief on the part of Fast as to the present nature and extent of the claims, including existing but unknown or undisclosed claims at the time of the execution of this Release and Settlement Agreement, and Fast acknowledges that a portion of the consideration to Fast is being paid for Fast's voluntary and knowing assumption of the risks of any unknown or undiscovered claims or losses; Fast understands and agrees that he is waiving all rights to bring any claim in the future against Releasees as a result of the aforedescribed contacts and Project; that Fast is over the age of eighteen (18) years and legally competent to execute, appreciate, and fully understand this Release and Settlement Agreement, AND THAT BEFORE SIGNING AND SEALING THIS RELEASE AND SETTLEMENT AGREEMENT, FAST HAS FULLY INFORMED HIMSELF AND THURION VENTURES, INC. OF TTS CONTENT AND MEANING, HAVE HAD THEIR LEGAL COUNSEL EXPLAIN THE MEANING AND LEGAL SIGNIFICANCE OF EACH AND EVERY PROVISION HEREOF, AND HAVE EXECUTED THIS RELEASE AND SETTLEMENT AGREEMENT WITH FULL KNOWLEDGE AND UNDERSTANDING THEREOF. As a further consideration for said sums, Fast warrants that there are no assignees, subrogees, partners, joint venturers, or other third parties who have a right to participate in the settlement or receive any of the monies paid hereunder. Fast agrees to indemnify, defend and hold forever hazmless the Releasees of and from any and all fur[her claims which may be made against Releasees by any person, firm or corporation acting for Fast or asserting a derivative claim as a result of the above described contacts and Project or the injuries or damages allegedly sustained by Fast. As a further consideration for said sums, Fast acknowledges that the above payment is made by Releasees who contest liability on their part and that this settlement is not to be construed, in any way, as an admission of liability on the part of Releasees, but is only a settlement of a doubtful and disputed claim. Fast acknowledges that it is the purpose of Releasees by this settlement to #orever ternunate any claims or demands which may be made against them by Fast, Thurion Ventures, Inc., or anyone acUng on their behalf or in their stead and the Releasees intend by this settlement not to admit any liability, but merely to forever buy their peace. This Release and Settlement Agreement shall be binding upon Fast, Thurion Ventures, Inc., their heirs, personal representatives, administrators, assigns and subrogees, as well as other persons, firms or corporations acting on their behalf or asserting a derivative claim. L~ Wimess my hand and seal this - ~ day of November, 2004. ARTHUR E. FAST, individually TH[JRION VENTURES, INC., a Colorado corporation, d/b/a Kitchen Masters / Rv ___Art}Sur E. Fast Its: President STATE OF COLORADO ) ) ss. COUNTY OFL~~r'~~ ) The foregoing instrument was subscribed, swom to, and aclanowledged before me this day of 2004, by Arthur E. Fast, individually, and as the President of Thurion Ventures, Inc., a Colorado corporation d/b/a Kitchen Masters. My commission (SEAL) ~ ~Form and content of Release and Settlement Agreement approved by: ~°OB1.1r+ otary Publ c ~ 0F COV O My Canmssion fMpires 0411N2606 ~ttorney for