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HomeMy WebLinkAbout09/23/2002AGENDA CITY OF WHEAT RIDGE URBAN RENEWAL AUTHORITY-- September 23, 2002 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Urban Renewal Authority on September 23, 2002, at 5:30 p.m., in the second floor conference room of the Municipal Building at 7500 West 29th Avenue, Wheat:Ridge, Colorado. L Call the Meeting to Order 2. Roll Call of Members 3. Approval of Minutes - September 9, 2002 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. Discussion of Draft Relocation Policy B. Update on 38th/Sheridan 6. Old Business • 7. Other Matters 8. Adjournment MINUTES OF WHEAT RIDGE URBAN RENEWAL AIJTHORITY September 9, 2002 5:30 p.m. 1. CALL THE MEETING TO ORDER The Wheat Ridge Urban Rehewal Authority meeting was called to order by Chair Collin§ at 5:30 p.m. The meeting was held in the second floor conference room of the Municipal Building, 7500 West 29th Avenue, WheatRidge, Colorado. 2. ROLL CALL OF MEMBERS Commissioners present: Tom Mallinson Norm Burkpile Sandra Collins Vance Edwazds Mazy Hashem Elwyn Kiplinger Kandi McKay Commissioners absent: Janet Leo Mazgy Platter John Hall Also attending: Jnn Windholz, Urban Renewal Attorney Alan White, WRURA Executive Director Arne Ray, Szymanski/Ray Steve Szymanski, Szymanski/Ray Katy Press Ann Lazzeri, Recording Secretary 3. APPROVAL OF MINUTES The minutes of the regulaz meeting of August 26, 2002 were presented for consideration. It was moved by Mary Hashem and seconded by Elwyn Kiplinger to approve the minutes as presented. The motion passed unanimously. 4. PUBLIC FORUM There were none present to address the authority. 5. A. Approve Enga¢ement Letter with Katv Press - Alan White introduced Katy Press and recommended that the Authority approve an engagement WRURA Minutes Page 1 09-09-02 letter for her services. She would handle both initial and continuing contact with potential afFected pioperty owners at the southwest corner of 38`h and Sheridan in Wheat Ridge. She gave a brief background of her experience with retail and commercial real estate development. It was moved by Tom Mallinson and seconded by Vance Edwards to approve an engagement letter with Katy Press. The motion passed unanimously. Katy Press reported the foilowing: • All landowners and tenants involved have been contacted except for one (Mr. Wallace who owns a private residence). • These individuals were advised that they were the first point of contact and that nothing is actively happening with their properties at this time. . Individuals were informed that RFP's will be sent out and they will be advised about the results. Katy will provide an avenue for landowner/tenant questions and concerns. . Landowners/tenants were advised that a relocation policy has not yet been estabiished. That wili happen at such time as an active proposal has been accepted. . Records aze being kept of all conversations with landowners/tenants. There was a consensus of the authority that, in order to avoid confusion, it was very important to have only one person to deal with questions and concerns of landowners and tenants. Jim Windholz will have a draft relocation policy ready for the Authority's review at the next meeting. A£ter a relocation policy is approved, a workshop wiil be held in an attempt to establish costs, discuss environmental matters, etc. Members of the Authority are welcome to attend. Deadline for submittal of RFP's is October 11, 2002. Arne Ray submitted a list of prospects who will receive RFP's. The list included owners and tenants of the subject azea, local and metro area landowners and retail developers, retail brokers and members of City Council. Several additions to this list were suggested by members of the Authority. Advertisements of the RFP's were published in local papers this week and are also scheduled to appeaz in other papers. Alan White reported that, in response to advertisements, several RFP's have been sent out. He also pians to post the RFP on the city's website. B. Times Square - Arne Ray reported that he and Steve Szyxnanski met with Edgemark at which time Albertson's indicated their first interest is in redevelopment rather than renovation. WRURA Minutes Page 2 09-09-02 C. 44th and Ward - Szymanski/Ray is maintaining contact with Mark Goldberg to let him know that, while the City is working on other redevelopment projects, there is still an interest in keeping up to date on the status of the Super Wa1Mart project. D. Wheat Ridge Cvclerv - Steve Szymanski reported that Wheat RidX e Cyclery has expressed intent to expand their present location on 44 Avenue. Szymanski/Ray will be available to work with them on a private basis to provide resources for this possible expansion. 6. OLD BUSINESS A. Court of Appeals Rulin¢ - Jim Windholz reported that the Court of Appeals has determined that urban renewal authorities aze not subject to the Tabor Amendment because iJRA's do not have the power of taxation or the right to hold elections. Among other things, this ruling will allow LJRA's to enter into long-term obligations. The Court of Appeals decision will stand because the Supreme Court has refused to heaz an appeal. 7. OTHER MATTERS There were no other matters to come before the Authority. 8. ADJOURNMENT It was moved by Norm Burkpile and seconded by Kandi McKay to adjourn the meeting at 6:45 p.m. The motion passed unanimously. Sandra Collins, Chair Ann Lazzeri, Secretary WRURA Minutes 09-09-02 Page 3 DRAFT SEPT. `02 WHEAT RIDGE URBAN RENEWAL AUTHORITY RELOCATION POLICIES 1_ PURPOSE. To specify the relocation policies of the Wheat Ridge Urban Renewal Authority (the "WRURA") as provided in the 38h Avenue Corridor Redevelopment Plan on October 22, 2001 approved by the City of Wheat Ridge and referrecl to herein as the "Plan", the WRLJRA hereby adopts these Relocation Policies. These Policies describe requirements governing the provision of relocation payments and benefits to persons and businesses displaced as a result of acquisition of property pursuant to the Plan. 2. SCOPE. A. Relocation Plan. These Policies are derived from and aze 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 aze administrative in nature and are required to the extent provided in these Policies, the Urban Renewal Law and other applicable law. Therefore, the detemunations ofthe WRURA regazding eligibility for and amount of relocation payments made pursuant to these Policies shall be matters of discretion of the WRURA. At this time, no federal or state funds are being utilized by the WRURA to make relocation payxnents. C. No Contract. Nothing in these Policies shall be construed as an entitlement or a contractual or promissory obligation to make relocation payxnents. Subject to pazagraph B above, payments made pursuant to these Policies aze at the discretion of the WRURA. D. Separate from Acauisition - No Duplication of Payments. It is the intent of the WRURA in adopting these Policies that all payments, benefits and services available in these Policies are to be classified as relocation benefits and aze sepazate from and shall not be a duplication of any benefit or payment due as a result of acquisition of real properiy or which a 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 residents, there shall be no duplication of payments for acquisition and for relocation. C:\Documents and Settings\kathyflLocal Settings\Temporazy Internet Files\OLK54aelocation Policies.doc E. Relocation Benefits Personal to Each Person or Business. It is the intent of the WRiJRA to administer the relocation program of the Plan in a uniform manner with regard to all persons and businesses displaced. However, the WRIJRA recognizes that different circumstances and needs for relocation exist for each individual person and business displaced by the Redevelopment Project (hereinafter "ProjecY") within the Redevelopment Area. Therefore, the WRURA shall assist each person and business to relocate individually. The amount and extent of relocation benefits shall be detemuned 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 bv the WRIJRA: Any lawful acrivity undertaken by the WRTJRA, its agents or assigns; or one operating pursuant to an agreement with the WRLTRA. B. Business. Any lawful activity, that is conducted primarily for the purchase, sale, lease or rental of personal and real property; or for the manufacture, processing or marketing of products, 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, telecommunication5, 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 properiy which is acquired as a result of the WRURA's acquisition of such properry for the Project. If such person occupied such real property on the date of delivery of a Notice of Intent to Acquire Property by the WRi.JI2A and otherwise complies with these Policies, such person is considered to have been displaced as a result of the WRLIRA's acquisition. No owner ofproperty shall lease premises within the Redeveloopment Area to a tenant after receipt of the Notice of Intent to Acquire Property from the WRURA without advising such tenant in writing that the property shall be acquired by the WRLJRA, that the tenant must vacate the properiy 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 who moves .before receiving a Nofice of Intent to Acquire Property. CADocuments and Settingsucathyfii,ocal Settings\Temporary Internet Files\OLK54\Relocarion Policies.doc \ 2 3. No person shall be eligible for reimbursement for expenses of more than one i move, except as may be approved in advance in writing by the WRURA in relation to a required ' temporary move. D. The 38th Avenue Corridor Redevelonment Plan. The urban renewal plan for the 38h Avenue Corridor Redevelopment Area (urban renewal azea), was approved and adopted by the City Council of the City of Wheat Ridge on October 22, 2001, as the same may be amended or modified by City Councii from time to tune. E. Fair Market Value. The value recognized under the eminent domain laws ofthe State of Colorado as the appropriate measure of consideration for the acquisition of properry. F. Goodwill. Special advantage gained by a Business resulting from its reputation or customer relation's distinct from value of its stock or other assets resulting from an established course of commercial activity. G. Lost Profits. The profits which a Business fails to realize speoifically related to its inability to conduct business during relocation of the Business. H. Non-Profit Organization. A corporation, partnership, individual or other public or private entity that is engaged in a lawful business, profession or inshuctional activity on a nonprofit basis and that has established its non-profit status under applicable federal or state law. I. Notice of Intent to Acauire Propertv to Occupant. The written notice by the WRURA to the owners and/or occupants of the property that the WRURA intends to acquire/purchase the real property for a Redevelopment Project. J. Notice of Intent to Acauire Pronertv 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 properiy for the amount determined to be just compensation by the Boazd of Commissioners of the WRiJFtA and may include a copy of an appraisal oF value thereof obtained or utilized by the WRURA. Such notice shall also state a date by which the property must be vacated. K. Notice to Relocate. The written notice from the WRLTRA to an owner, relocatee, resident, tenant or business that it must move from its current loca6on in the Urban Renewal Area. Relocation sha11 not be required upon less than 30 days notice (60 days notice for tenants of residences) and shall not be required until the WRURA either owns or has legal possession of the real property from which the owner, relocatee, tenant or business must move. A Notice to Relocate and negotiations concerning relocarion may occur at any time. L. Obsolete Personal Properiv. Personal property such as, by illustration only, stationery, business cazds, signs, and business forms which aze rendered useless to a relocating business because such items refer to the address of the business prior to relocation, and cannot be relettered or otherwise corrected to reflect the new location of the business. CADocumenu and SettingsucathyflLocal Settings\Temporary Intemet Files\OLK54\Relocafion Policies.doc 3 M. Outdoor Advertising Display. 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, personai 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 alife estate in real property to be acquired for the Project, or who holds any other interest which, in the judgment of the WRURA, warrants considerarion as ownership. 0. Person. Any individual, partnership, corporation, trust or association: P. Personal Propertv. Tangible property wluch is classified by the WRURA as personalty under Colorado law, is owned by the relocatee, is located on real propertyto be acquired, and is not purchased by the WRURA in the acquisition of such real property. Q. Proj ect or Project Area. The portion of a Redevelopment Area being redeveloped in a specific project. R. Real Propertv. Properiy which is classified by the WRLJRA as realty under Colorado law, for example, fixtures which cannot be moved at a reasonable cost. Relocation expenses shall not be reimbursed for fixtures and other items of real property which have been purchased by the WRURA in connection with its acquisition of the realty from which a displaced business is moving. S. Redeveloroment Area. See Urban Renewal Aiea. T. Redevelopment Proiect or Proiect. The project for the redevelopment of a portion or all of the Redevelopment Area as it is described in the Plan, as may be amended. U. Relocatee. The tenant, occupant, resident or business of real property eligible for relocation benefits. V. Relocation. The transportation ofpersonal properiy ofthe relocatee from one location in the Redevelopment Area to a difFerent location outside the Redevelopment Area or, subject to approval by the WRLJRA, 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 the Redevelopment Area. For purposes ofthese Policies, a business shall not be deemed to 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 the business with in the Redevelopment Area. W. Relocation Administrator. The person appointed by the WRLJILt1 who is responsible for administering the provisions of these Policies. The Relocation Administrator may be the WRURA Director, his/her designee, or a consultant. CADocuments and Settings\kathyfTocal Settings\Temporary Intemet Files\OLK54\Relocation Policies.doc 4 i\ X. Salvage Value. The probable sale price of an item, if offered for sale on the condition that it be removed from the real property at the buyer's expense, allowing a reasonable period of time to fmd a person buying with knowledge of the uses and purposes for which it is adaptable and capable of being used, including separate use of serviceable components and scrap wfien there is no reasonable prospect of sale except on that basis. Y. Tenant. A person(s) who rents or who is temporazily 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 azea described in the Plan, withiu the jurisdiction of the WRL7RA and within the City of Wheat Ridge, also referred to herein as the Redevelopment Area.. AA. Urban Renewal Plan or Plan. The 38'h Avenue Corridor Redevelopment Plan, also known as the Plan, which was approved and adopted by the City Council of the City of Wheat Ridge on October 22, 2001, as the same may be amended by such City Council from time to time. 4. GENERAI, ELIGIBILITY REOLTIREMENTS AND PROCEDURES. A. No Duplication of Pavments. 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. Under no circumstances will there be a duplication of payments for acquisirion and for relocation. B. Conditional Rieht to Relocation Benefits. No relocatee shall have a right to any relocation benefits provided herein until after the date the WRURA mails or delivers a Notice of Intent to Acquire Properry to the owner and/or the tenant of the properiy from which the relocatee is moving. C. Least Cost Ap rp oach. The amount of payment for an eligible relocation expense shall not exceed the least costly method, as determined by the WRLJRA, ofaccomplishing the objective of the payment without causing undue hazdship to the displaced person or business. D. Detennination of Eli ibilitv for Relocation Benefits. The WRLTRA shall designate a person as Relocation who sha11 have the prnnary 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 determination made by the Relocation Administrator shall be deternuned in accordance with Section 10. hereof. E. Docuxnentation. Any claun for a relocation payment shall be submitted to the WRURA and supported by such documentarion as may reasonably be required by the WRURA to establish the accuracy of expenses incurred, such as bills, statements, invoices, certified prices, appraisals, or otlier evidence of such expenses. CMocuments and SettingsucathyflI,ocal Settings\Temporary Irnernet FIles\OLK54\Relocation Policies.doc 5 F. Time for Filine. All claims for relocation payment shall be filed with the WRIJItt1 within 30 days after the move is completed, unless, for good cause shown, this time period is waived or extended in writing by the WRLJRA. The move shall be deemed to be completed on the date the relocatee removes all of its personal properiy from the site, or the date of the WRLJRA's acquisirion thereof, whichever date is eazlier. After the 30 day period has expired, the relocatee shall be deemed to have waived all entitlements. G. Multinle 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 determuned by the WRiJRA, as we11 as the other benefits provided to business owners by the Plan. Benefit payxnent for items owned or leased jointly by the tenants sha11 be paid jointly to the tenants, unless another arrangement is mutually agreeable to all of the tenants. The WRTJRA shall not be responsible for the distribution of such payments among the tenants. H. Pavment of Benefit. The WRURA shall pay relocatee one-half of its total relocation benefit upon the execution of an agreement between the WRiJRA and the relocatee for relocarion. The remainder of the benefit shall be paid upon the relocatee's completed move from the Project Area and verification of ail costs incurred therefor to the reasonable satisfaction of the WRURA. Such payments may be made jointly to relocatee and any third party perfornung services for the relocatee related to its move from the Area at the discretion of the WRURA. In the event relocatee provides lien waivers or receipts from such third parties, the WRLJRA shall make the relocation payment to relocatee. I. Set Off for Claims. The WRLJRA 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 Proo£ Claimants shall have the burden of proof to establish eligibility for, and amount of, any relocation payment claimed hereunder. K. Time for Movine. All claimants must complete any relocation from their current sites by the date specified in the settlement agreement with the WRURA; however, if no settlement is achieved, within 30 days (60 days for tenants ofresidences) ofreceiving written notification from the WRURA to relocate, or within such additional time as the WRT JRA may determine and specify in writing. L. Ineligible Tenants. 1. Owner's Obiieation to Notifv 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 properiy is CMocuments and SettingsucathyflLocal Settings\Temporary Internet Files\OLK54\Relocation Policies.doc 6 being acquired by the WRURA and that such tenant shall not be eligible for relocation benefits from the WRURA. A copy of the owner' notice to the tenant shall be delivered to the WRtJRA. 2. Categories of Ineli ib~ ilitv. The following occupants, tenants, residents or businesses shall not be eligible for.relocation assistance: a. One which does not occupy real property in the Project 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 separate legai entity from the tenant and otherwise satisfies the eligibility requirements of these Policies. d. Anyone who the WRURA determines 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 utili6es are not eligible for relocation payments hereunder. £ Multiple lease agreements for difFerent leasehold areas shall not be considered multiple tenancies if the WRURA determines, 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 violafion ofapplicable land use laws and regulations. h. Any business which has not occupied the property for 180 days prior to the date the Dishict Court grants possession of the property to the WURA if an action in exninent domain is effected by the WLJRA. i. Any business whose tenancy or right to possess any portion of the property is terminated not as a result of any eminent domain action brought by the WiJRA, but rather due to either (1) the expiration of the term of its right to possession; or (2) contractual termination of such right to possession. C:\Documenu and SettingsVcathyflLocal Settings\Temporary Intemet Files\OLK54%elocation Policies.doc 7 5. COMMERCIAL AND NONRESIDENTIAI, RELOCATION - ELIGIBLE EXPENSES. Settlement of relocation expenses shall include the following eligible expenses: A. Professional Services, Insurance and Transportation. A displaced business shall receive a minnnum sum of $1,000.00, plus $.50 per squaze foot for the net leasable area of the building in excess of 3,000 squaze feet, not to exceed a total payxnent of $5,000.00, to cover any expenses incurred in the following categories: 1. Professional services; including, 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 plamiiug the move of the personal property. Professional fees, including attorney's fees, incurred in connection with representing the displaced business in prepazing a location claim or in contacts or proceedings before the WRi.JRA or other entities, such as courts or azbitrators, including administrative, legal proceedings or litigation, shall not be eligible for reimbursement. 2. Liability or casualty insurance in connection with the move and any temporary storage. 3. Transportation expenses in connection with relocation. B. MovinQ. Packing, crating, moving, unpacking, and uncrating personal property to be paid on the maximuxn basis of $2.50 per squaze feet of net indoor leasable space. C. Temporarv Storage. Storage of personal property as the WRURA determines to be necessary, to be paid on the maacimum basis of $0.25 per square feet of net indoor leasable space. D. Reinstallations. Disconnecting, dismantling, removing, reassembling, and installing reiocated and any substitute machinery, equipment and other eligible personal properry, based on customary and standazd costs as reasonably determined by the WRLJRA. A displaced business sha11 be eligible for payment of these expenses only if it provides to the WRI JRA a list ofproperty that is to be disconnected and reinstalled at the replacement location by the date set for submission of the list by the WRi JRA. Notwithstanding the foregoing, the maacimum eligible benefits for reinstallations shall be based upon $15.00 per square feet of net indoor leasable space E. Licenses, Printine 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 squaze feet ofnet indoor leasable space for expenses incurred in the following categories: Any license, pernut or certification required by the displaced business at the replacement location. 2. Advertising, relettering signs and printing materials such as stationary and business cazds made obsolete as a result of the move. CADocuments and SettingsucathyflLocal Settings\Temporary Internet Files\01,K54\Relocation Policies.doc F. Substitute Personal Propertv. Purchase of substitute personal property which is used as part of the business and cannot be reasonably utilized or adapted for use at the new locarion, but is promptly replaced with a compazable substitute item at the replacement site. The displaced business is entitled to payxnent of the lesser of: 1. The cost of the substitute item, including installation cost at the replacement site, minus trade in of the replaced item, minus any proceeds if any; or 2. The estimated cost of moving the replaced item, based on the lowest acceptable bid or estimate by the WRUI2A for eligible moving and related expenses, but with no allowance for storage. Personal property which must be upgraded to comply with health or building codes ar other applicable regulations or which has no or minimal value, as detetrnined by the WRLJRA, is not applicable to this Section. G. Real Propertp Fixrixres. 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 WRLJRA (or its agent), subject to reduction for depreciation. The value reimbursed to the business sha11 be only for the business's remaining lease term in the premises. Notwithstanding the foregoing, the maximuxn eligible benefits for fixtures shall be based upon $25.00 per square feet of net indoor leasable space. H. Notification to the WRURA and Inspection. To be eligible for payxnent under this section, the displaced business shall: 1. Permit the WRLIRA to make reasonable and tnnely inspections of the personal properiy at the displacement and replacement sites. 2. Provide an inventory of all personal property expected to be moved within 30 days after receiving a Nofice to Relocate from the WRURA and, iFthe 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. ' 1. Cessation of Business - Delav. If a business cletermines to cease doing business, it shali be eligible for benefits based upon the following: For indoor retail floor space: $12.00 per squaze foot; For indoor storage space: $4.00 per squaze foot; For office space: $6.00 per squaze foot; For outdoor retail space: $.50 per squaze foot; For outdoor starage space: $0.17 per squaze foot. CADocuments and Settings\kathyALocal Settings\Temporary Internet Files\OLK54\Relocation Policies.doc 9 If a business delays relocation, it shall be eligible for benefits of $6.00 per squaze foot of net indoor leasable space at the tnne of closure of the business. Thereafter, the WRiJRA 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 deterxnined relocation benefits are less than $6.00 per squaze foot of net leasable space, no refund will be due the WRi JRA by the business. Relocation to a site at a distance of 30 miles or more, or to a site that involves extraordinary costs (as determined by the WRURA) shall not be eligible for additional or extraordinary relocarion benefits. 6. RESIDENTIAL RELOCATION - ELIGIBLE EXPENSES. If residential tenants aze displaced through property acquisition by the WRURA, such tenants shall be eligible for the following relocation benefits: A. A finder's fee of $1,000 for locating and securing a replaceinent dwelling unit, within a 30 mile radius in which the displaced resident desires to locate. B. Iftenant is a renter, a 2 year rent differential necessary to lease (discounted to preserit value) a compazable (as reasonably determined by the WRURA) dwelling unit, within a 30 mile radius. C. If tenant is an owner, loan discount points not to exceed $2,000 to discount a mortgage to a principle and interest payment on a loan balance equal to the existing loan balance principle and interest payment. D. Actual costs, established by competitive bid, associated with packing, crating, boacing, moving and transporting all personal property for a distance of not more than 30 miles to a replacement dwelling. E. Insurance of personal property for moving. F. Temporary storage not to exceed four months. RELOCATION SETTLEMENTS. A. Securitv Deposits. If 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 WRi.)RA by the properry owner, manager or landlord. B. Rent Payxnent and Abatement. Upon settlement ofrelocation benefits, a tenant shall assign its lease to the WRURA, which will assume all payments due under the lease $om the date C:\Documents and Settiugs\kathyflLocal Settings\Temporary Internet Files\OLK54\Relocation Policies.doc 10 : the tenant vacates the premises until the WRURA takes possession of or title to the properiy and such payxnents aze no longer due to the landowner or its agent. If the WRURA has possession of or title to the properiy, a tenant may elect to have its rent abated from the date of execution of a settlement agreement with the WRU RA until the tenanYs 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 rent sha11 be deducted from any rent subsidy to be paid to the tenant by the WRURA. Any unpaid rent owed by the tenant to the WRT.JIZA shali be deducted by the WRURA from the final settlement payment to the tenant. INELIGIBLE MOVING AND RELATED EXPENSES. A. Ineligible Costs and Exnenses. A displaced person, tenant of a residence or business is NOT entided to payxnent for: 1. Cost of moving or reconstructing any shucture or real property ixnprovement which was located on the property in which the relocatee or business reserved ownership and did not receive payxnent therefor from the WRURA as part of the real properry acquisition. Nothing herein shall obligate the WRURA to allow a relocatee or business to reserve awnership in any fixture or item of reai property. 2. Interest on a loan related to the relocation of a business. Loss of goodwill. 4. Loss of profits. 5. Loss of trained employees. 6. Physical improvements at the replacement location of the business or professional fees related thereto. 7. Any additional expense of a business or nonprofit organization which was incurred because of operating in a new location, including but not limited to, costs of upgrading improvements or property to meet code requirements, increased rent payments, additional permits, or licenses. 8. Personal injury. 9. Legal or attorney's fees or other costs for prepazing a claixn for relocation payment or for representing claimant before the WRUI2A, any other entity or court. 10. Storage expenses in excess of the time limitations in these Policies. CADocuments and Settings\kathyflLocal Settings\Temporary Internet Files\OLK54aelocarion Policies.doc ~ 11 11. Any expense or payment for which the business owner shall receive reimbursement or compensation from another source or pursuant to any other law. 12. Taxes. 13. Lease payments not received by a properiy owner for rental property due prior to acquisition of the property by the WRURA. 14. Any expenses not specifically listed as eligible for payxnent in these Policies. 9. RELOCATION ASSISTANCE ADVISORY PROGRAM. In accordance with Colorado law, the WRURA sha11 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 realtars and others who may help locate replacement sites; identifying services for moving, packing, storage, and insurance; assistance with 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 deterinining 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. 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 fmal relocation benefits made by the Relocation Administrator in accordance with Section 4.1). above. B. Actions Which Mav Be Appealed. A person may file an appeal of a fmal determinarion of relocation benefits by the Relocation Administrator to the Board of Commissioners of the WRiJRA, provided, however, an appeal 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 appeal if each has grounds for an appeal. D. Right to Representation. A person has a right to be represented by legal counsel and to be accompanied by an advisor, attorney or other representative in any personal appeazance regazding an appeal. Such legal representation shall be at such person's sole expense, and not that of the WRURA. CADocuments and SettingsUcathyfiLocal Settings\Temporary Internet Files\OLK54\Relocation Policies.doc 12 E. Review of Files bv Person Making Anpeal. Within the requirements of applicable laws, the WRiJRA will pernut a person to inspect and copy all files and records ofthe WRLTRA and the Relobation Administrator pertaining to such appeal, except materials which aze confidential. Confidential matters include but are not limited to negotiations between the WRUKt1 and any other person or business and privileged communication of the WRiJRA, its staff and consultants and its legal counsel. The WRI 7RA may impose reasonable conditions on the person's right of inspecrion. F. Time Limit for Initiatine Appeal. Unless waived or extended in writing by the WRIJRA, an appeal to the WRiJRA shall be in writing within 30 days after the Relocation Administrator advises the person in writing of his/her recommended fmal offer. G. Reauest 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 make an aral 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 clannant may elect either a public or private heazing before the WRURA. 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 documentation sha11 be filed with the WRURA within 15 days of the date of receipt by the WRURA of claunanY s request for review and at last seven calendaz days prior to any heazing set before the WRURA, whichever is eazlier. Information submitted thereafter need not be considered by the WRURA, except by approval of the WRURA's Boazd of Commissioners. H. Scone of Review. The WRURA, in deciding the appeal, may consider: These Policies; and 2. All applicable laws, rules and regulations; and 3. All pertinent and relevant arguments and materials submitted by the person making the appeal; and 4. All materials upon which the Administrator based the determination being appealed, and any other available informafion that is necessary to assure a fair and full review of the appeal. 1. Determination and Notification After WrittenAppeai. Within 30 days ofthe hearing, or if no heazing is held, within 30 days of the receipt of all relevant information, as provided herein, the WRURA sha11 make its written determination regarding the appeal to such person. Mailing of such decision to the claimant at his/her last known address shali constitute the WRUIZA's final action. J. Request for Additional Tune Period. If a person makes a reasonable request for additional time to prepaze for an appeal, at the discretion of the WRURA, he/she may be granted a reasonable amount of additional time not to exceed 30 days. CADocuments and Settings\kathyflLocal Settings\Temporary Intemet Files\OLK54\Relocarion Policies.doc 13 K. Determinations Fina1. Determinations on appeals made by the Boazd of Commissioners of the WRURA shall be £mal. 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. Pavxnents. 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