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HomeMy WebLinkAbout03/20/2007AGENDA WHEAT RIDGE URBAN RENEWAL AUTHORITY March 20, 2007 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Urban Renewal Authority on Tuesday, March 20, 2007, at 6:00 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. Roll Call of Members 3. Approval of Minutes -February 6, 2007 4. Public Forum (This is the time for any person to speak on auy subject not appearing on the agenda. Public comments may be limited to 3 minutes.) 5. New Business A. Resolution 01-2007, Approval of Agreement with Wheat Ridge Cyclery 6. Adjournment Building, 7500 West 29`h Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Authority members present: Commissioners absent: James Bahrenburg Teri Carver Janet Leo Larry Schulz Terrell Williams Pete Ziemke Also attending: Alan White, WRURA Executive Directar Corey Hoffmann, Attorney for WRURA Ann Lazzeri, Recording Secretary MINUTES OF WHEAT RIDGE URBAN RENEWAL AUTHORITY February 6, 2007 6:00 p.m. 1. 3. CALL THE MEETING TO ORDER The meeting of the Wheat Ridge Urban Renewal Authority was called to order by Chair Williams at 6:10 p.m. in the council chambers of the Wheat Ridge Municipal Building, 7500 West 29"' Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Authority members presenr Commissioners absent: James Bahrenburg Teri Carver Janet Leo Larry Schulz Tenell Williams Pete Ziemke Also attending: Alan White, WRURA Executive Director Corey Hoffinann, Attorney for WRURA Ann Lazzeri, Recording Secretary APPROVAL OF MINUTES - December 5, 2006 It was moved by James Bahrenburg and seconded by Larry Schulz to approve the minutes of December 5, 2006 as presented. The motion passed unanimously. PUBLIC FORUM There was no one to address the Authority at this time. 5. NEW BUSINESS A. Discussion with Rob Osborn/Wheat Ridge 2020 Mr. Osborn, Executive Directar of Wheat Ridge 2020, presented an overview of the function, goals and progress of Wheat Ridge 2020. Areas where the Urban Renewal Authority and Wheat Ridge 2020 could work together were discussed. Far example, the Authority might have access to certain grants that Wheat Ridge 2020, as a nonprofit organization, would not. Wheat Ridge 2020 might also have avenues not available to the Authority to assist in the implementation of some of the Authority's plans. WRURA Minutes February 6, 2007 -1- B. Discussion about New Open Meeting Law Case Corey Hoffmann referred to his memorandum of January 8, 2007 regarding a recent Colorado Court of Appeals decision. The memorandum was written to bring to the attention of the Authority this decision which prevents a governmental entity, subject to the Open Meetings Law, from taking action on an item that was not included on the agenda as an action item. C. Referral regarding proposed Special Use Permit at 7323 West 38" Avenue Alan white presented this matter which involves a request received by the Community Development Department for a special use at 7323 West 38`1' Avenue. The proposed use is to add psychic advisement to a wellness center at this location. Psychic advisement requires a special use permit. As required by City Code, the Authority is required to make findings on any land use application in the urban renewal area. In this case, the azea is within the Town Center Urban Renewal Area. There was a consensus of the Autharity to agree with the finding outlined in the staff report that the proposed use is not in conformance with the Town Center Urban Renewal Plan in several areas, notably the future land use, improved parking and improved landscaping. The proposed use essentially perpetuates the use of the existing building for office space in substantially the same manner as it has in the past. The conYinued use of the existing building without substantial modifications at this time does not seriously hinder the ability to redevelop the property in the future, either individually or in combination with adjacent properties, consistent with tbe goals of the Town Center Urban Renewal Plan. D. Update on Cornerstone Litigation Corey Hoffinann reported that the Supreme Court granted review of the case based upon the question of whether or not the Court of Appeals erred in determining that a condemning authority could be compelled by a redeveloper to exercise its power of eminent domain when the landowners do not want their property condemned. The Authority's opening brief is due February 28, 2007. Oral arguments will probably take place in June or July of this year. Copies of the Court's order were provided to Authority members. 8. ADJOURNMENT The meeting was adjourned at 7:29 p.m. The next meeting is scheduled for March 6, 2007. Terrell Williams, Chair WRURA Minutes February 6, 2007 Ann Lazzeri, Recording Secretary -2- Wheat Ridge Urban Renewal Authority 7500 W. 29th Avenue Wheat Ridge, Colondo 80Q33 303295-2846 303735-2857 (Fax) TO: Urban Renewal Authority Board Members FROM: Alan White, Executive Director ~Iw RE: Wheat Ridge Cyclery Agreement „ A TU. r,r.,.-,-l, i or '?nm Attached is the proposed Agreement for Wheat Ridge Cyclery (WRC) for reimbursement of certain costs involved in their expansion project in the 38`h Avenue Comdor Urban Renewal Area. The total amount of reimbursement established in the Agreement is $264,180.00. The iteins and associaYed costs to be reimbursed are set out in Exhibits B-1 through B-7. All of the improvements except some of the landscaping and the art panels have been completed. WRC has provided invoices for the items and I met with WRC representatives to work on pro-rating some costs for portions of the new construction in the urban renewal area. All costs are for improvements in the urban renewal area. Of particular concern to board members, the reimbursement for the roof system includes a reduction for the cost of a standard flat roof. As you are aware, Council approved the amendment to the 381h Avenue Corridor Redevelopment Plan in December 2006. This amendment established the sales and property tax increments for the WRC property effective December 2006. The Agreement needs to be approved by adopting a resolution Suggested Motion: I move to approve Resolution 01-07, a Resolution approving an Improvement Agreement with Wheat Ridge Cyclery." WHEAT RIDGE URBAN RENEV✓AL AUTHORITY RESOLUTION NO. -07 Series of 2007 A RESOLUTION OF THE WHEAT RIDGE LJRBAN RENEWAL AUTHORITY APPROVING THE IMPROVEMENTS AGREEMENT WITH WHEAT RIDGE CYCLERY WHEREAS, the 38" Avenue Corridor Redevelopment Plan provides for the redevelopment project consisting of the expansion of Wheat Ridge Cyclery at 38°i Avenue and High Court;and WHEREAS, representatives of Wheat Ridge Cyclery and the staff of the Authority have negotiated an improvement agreement. THEREFORE BE IT RESOLVED by the Wheat Ridge Urban Renewal Authority that Section 1. The Improvements Agreement between the Authority and Wheat Ridge Cyclery attached hereto as Attachment 1 is hereby approved. DONE AND RESOLVED this day of 2007. Chair ATTEST: Secretary APPROVED AS TO FORM: Corey Hoffmann, WRi.JRA Attomey WHEAT RIDGE URBAN RENEWAL AUTHORITY IMPROVEMENTS AGREEMENT THIS AGRBEMENT is made and entered into this day of , 2007, by and between the Wheat Ridge Urban Renewal Authority ("WRURA"), and the Wheat Ridge Cyclery, with a business address of 7085 West 38°i Avenue, Wheat Ridge, CO 80033 (the "Cyclery") (collectively referred to herein as the "Parties"). WHEREAS, WRURA is authorized under the provisions of Coloradds Urban Renewal Law, C.R.S. § 31-25-101, et seq., to enter into agreements and provide financial incentives for the redevelopment of property to eliminate blight; WHEREAS, such redevelopinent may be made and encouraged by granting financial assistance to persons who reside within WRURA boundaries, to businesses within the WRURA boundaries, and to owners of property within WRURA boundaries; WHEREAS, the Cyclery owns a business located at 7085 West 38°i Avenue, Wheat Ridge, CO 80033, the legal description of which is attached hereto as Exhibit A(the "Property"), which is within the WRURA boundaries, and which provides an important economic base for the City of Wheat Ridge (the "City"); WHEREAS, WRURA desires to assist the Cyclery in making a number of improvements to the Property, which shall improve the public appearance of the Property, remedy its deterioration, maintain a positive business environment in the neighborhood, and serve as an anchor to attract other desirable bnsinesses to the neighborhood; WHEREAS, the Cyclery desires to expend additional funds as part of the redevelopment of the Property that will assist in remedying blight and preventing future blight in the area, and WRURA desires to assist in providing this additional funding directed towards blight prevention and eliminarion; and WHEREAS, WRURA desires to reimburse the Cyclery for its expenditures by paying to the Cyclery the sales and property tax increments WRURA receives from the Property, pursuant to the terms set forth in this Agreement. NOW, THEREFORE, in order to promote redevelopment and eliminate blight within the WRURA boundaries, and in consideration of the promises herein contained, the Parties hereby agree as follows: 1. De£nitions. a. "Property Tax Increment" means the amount of property taxes paid to the County for the Property and then paid to WRURA by the County over and above the base amount of property tax last certified to the County for the Property prior to WRURA's - implementation of propcrty tax inerement financing for the Property. ATTACHMENT 1 03/16/07 Ilsrv-ci-eng-002 lusers$IawhitelAllFilesIURA138IhAvenuelll"RCyc7erylLntprovementAgreement Cyclery-4.doc b. "Sales Tax Increment" means the amount of sales tax generated by the Cyclery and collected by the City over and above the base amount of sales tax generated by the Cyclery on the Property and collected by the City in the year immediately preceding WRURA's implementation of sales tax increment finaucing for the Property. 2. Improvements. a. Attached to this Agreement as Exhibit B is a list of the Cyclery's plan for certain public improvements to the Property, which are referred to collectively as the "Eligible Improvements." The Eligible Improvements shall be constructed in compliance with approved construction plans by a licensed contractor qualified to perform tlie work. b. The Cyclery agrees to complete Yhe Eligible Iinprovements on or before October 1, 2007. Completion of the Eligible Improveinents shall be deemed to have occurred upon final acceptance of the Eligible Improvements by the City. The Eligible Improvements shall be completed by October 1, 2007 regardless of cost increases or other unforeseen circumstances. 3. Sales and Property Tax Increment Rebates. a. Sales Tax Increment. As an inducement to the Cyclery to complete the Eligible Improvements, WRURA agrees to set aside and thereafter rebate to the Cyclery, on the percentage basis identified herein, the Sales Tax Increment generated by the Cyclery to a inaximum aggregate amount set forth in Section 4 of this Agreement. Such rebate shall be subject to the following: i. Commencing upon completion of the Eligible Improvements, WRURA shall rebate to the Cyclery one hundred percent ( l00%) of all Sales Tax Increment generated by the Cyclery and received by WRURA. The rebates shall be made annually on January 31st of each year, and shall be for the preceding year. ii. If, in any year, no Sales Tax Increment is generated by the Cyclery and received by WRURA, no rebate shall be due to the Cyclery far that year. iii. The Sales Tax Inerement rebate payable to the Cyclery shall be prorated for the initial year such rebate is due based upon the date the Cyclery completes the Eligible Improvements. b. Propertv Tax Increment. As an inducement to the Cyclery to complete the Eligible Improvements, WRURA agrees to set aside and thereafter rebate to the Cyclery, on the percentage basis identified herein, the Property Tax Inerement generated by the Property to a maximum aggregate amount set forth in Section 4 of this Agreement. Such rebate shall be subject to the following: _ i. Commencing on completion of the Eligible Improveinents, WRURA shall rebate to the Cyclery one hundred percent (100%) of all Property Tax Increment generated by the Property and received by WRURA. The rebates 2 03/16/07 Ilsrv-ci-eng-0021 usersx I awhite 1A17 Filesl URA138th Avenuel WRCycleryllmprovemenv{greement_Cyclery-4. ctoc shall be payable within thirty (30) days of receipt of the Property Tax Increment by WRURA from the County. ii. If, in any year, no Property Tax Increment is generated by the Property and received by WRURA, no rebate shall be due to the Cyclery for that year. iii. The Property Tax Increment rebate payable to the Cyclery shall be prorated for the initial year such rebate is due based upon the date the Cyclery completes the Eligible Improvements. 4. Maximum Rebate. In no event shall the total amount rebated by WRURA to the Cyclery exceed the total estimated costs of the Eligible Improvements, which is Two Hundred Sixty Four Thousand One Hundred Eighty dollars ($264,180.00) (the "Esrimated Costs"). Notwithstanding the foregoing if the total actual costs of the Eligible Improvements are less than the Estimated Costs, said maximum amount shall not exceed the actual costs of the Eligible Improvements. The actual costs of the Eligible Improvements shall be evidenced by invoices and receipts satisfactory to WRURA in form and substance. 5. Term. The term of this Agreement shall be ten (10) years from the completion of the Eligible Improvements. Upon receipt of the maximum rebate amount by the Cyclery in accordance with this Agreement, WRURA's obligation to rebate Sales Tax and Property Increments to the Cyclery shall terminate. Upon expiration of the term of this Agreement, the parties' obligations hereunder shall terminate, whether or not the maximum amount of Sales and Property Tax lncrement rebate has been reached. 6. InsPection. The Cyclery agees to permit officials or representatives from WRURA to inspect the Property at any reasonable time to determine whether the specitied improvements have been commenced or completed, and to determine whether such improvements meet the requirements set forth in this Agreement. 7. Compliance with law. In carrying out its obligations under this Agreement, the Cyclery agrees to comply with all applicable laws, including City ordinances and building codes. 8. Limitation of Liability. IN NO EVENT WILL WRURA BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPEC[AL OR INCIDENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, ARISING FROM OR RELATING TO THIS AGREEMENT. WRURA'S TOTAL CUMULATNE LIABILITY IN CONNECTION WITH THIS AGREEMENT WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT AGREED TO BE PAID TO THE CYCLERY HEREUNDER. BOTH PARTIES ACKNOWLEDGE THAT THE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT NEITHER PARTY WOULD ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON THEIR LIABILITY. 3 03/16/07 Ilsrv-ci-eng-0021users$lawhitel4 11 FileslURAl38thArenuelWRCyclervllmprorementAgreeme)at Cyclery-4.doc 9. Miscellaneous. a. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Coloradq and any legal action concerning the provisions hereof shall be brought in the District Court of Jefferson County, Colorado. b. No Waiver. Delays in enforcement or the waiver of any one or more defaults ar breacbes of this Agreement by the WRURA shall not constitute a waiver of any of the other tenns or obligation of this Agreement. c. Integration. This Agreement and any attached exhibits constitute the entire Agreement between the Cyclery and WRURA, superseding all prior oral or written communications. d. Tbird Parties. There are no intended third-party beneficiaries to this Agreement. None of the professionals, contractors, or subcontractors hired by the Cyclery shall be intended third-party beneficiaries of this Agreement. e. Notice. Any notice under this Agreeinent shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail, addressed to: WURA: Alan White, Executive Directar - Wheat Ridge Urban Renewal Authority 7500 W.29th Avenue Wheat Ridge, CO 80033 With a copy to: Corey Hoffinann Hayes, Phillips, Hoffinann & Carberry, PC Suite 450, The Market Center 1350 17"' Street Denver, CO 80202-1576 Cyclery: 7085 West 38°i Avenue Wheat Ridge, CO 80033 £ Severabilitv. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. g. Modification. This Agreement may only be modified upon written agreement of the Parties. 4 03/16/07 Ilsrv-ci-eng-0021users$IawhitelAld Filesl URA38th Ai,enuel WRCycIei-),llmprovementAgreement_Cyclery-4.doc h. Assignment. Neither this Agreement nor any of the rights or obligations of the Cyclery shall be assigned by the Cyclery without the written consent of W RURA. i. Governmental ImmunitY. WRURA, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations (presently one hundred fifty thousand dollars ($150,000) per person and six hundred thousand dollars ($600,000) per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to WRURA and its officers or employees. j. RiQhts and Remedies. The rights and remedies of WRURA under this Agreement are in addition to any other rights and reinedies provided by law. The expiration of Yhis Agreement shall in no way limit WRURA's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first set forth above. WHEAT RIDGE URBAN RENEWAL AUTHORITY By: WHEAT RIDGE CYCLERY By: STATE OF COLORADO COUNTY OF ) ) ss. ) The foregoing instrument was subscribed, swom to and acknowledged before me this day of , 2007, by , as of the Wheat Ridge Cyclery. My commission expires: (S E A L) Notary Public 03116107 Ilsrv-ci-eng0024isers$IawhitelAll FileslURAl38th AvenuelWRCyc/eryllmprovemen[Agreemenl_Cycleiy-4.doc EXHIBIT A Commencing at the southeast corner of Section 23, Townslup 3 South, Range 69 West of the 6a' Principal Meridian; thence S89°38'23"W a distance of 1018.72 feet along the south line of said Section; thence N00°14'01"W a distance of 30.00 feet to the southeast corner of Lot 1, Craig Subdivision and the Point of Besinnine; thence along the southerly and westerly lines of said Lot 1 and the westerly line of said Lot 2, the following 3 courses: 1) S89°38'23"W a distance of 104.97 feet to a point of curvature; 2) along the azc of a curve to the right having a radius of 15.06 feef through a central angle of 90°07'36" and having an azc length of 23.60 feet, a chord bearing N45°17'49"W and a chord length of 21.24 feet to a point of tangency; 3) N00°14'01"W a distance o£210.97 feet to the northwest corner of the south 6 feet of said Lot 2; Thence N89°38'23"E a distance of 120.00 feet along the north line of the south 6 feet of said Lot 2; thence S00°14'01"E a distance of 226.00 feet along the east line of said Lot 1 and said Lot 2 to the Point of Besiimine, Containing 27,070 square feet or 0.621 acres more or less. EXHIBIT B ELIGIBLE IMPROVEMENTS AND ESTIMATED COSTS a. Masonrv. The Cyclery shall undertake a project at an estimated cost of Thirty Seven Thousand Twenty dollars ($37,020.00) for masonry work around the Property, which shall meet the specifications set forth in the schedule attached hereto as Exhibit B- 1. b. Utilities The Cyclery shall undertake a project to upgrade its power system to a 3-phase system and to underground the power line across High Court, at an estimated cost of Thirty Thousand Eight Hundred Twenty dollars ($30,820.00), which shall meet the specifications set forth in the schedule attached hereto as Exhibit B-2. c. Roof Svstem. The Cyclery shall undertake to expend approximately One Hundred Fifty Five Thousand Eight Hundred Ten dollars ($155,810.00) in roof repairs, which shall meet the specifications set forth in the schedule attached hereto as Exhibit 13- 3. d. Pavine Stone/Hardscaue and LandscaninQ. The Cyclery shall undertake a project to install pave stone or stamped concrete along the new store front on High Court and install planter and landscaping at 38t" and High Court at an estimated cost of Fourteen Thousand Eight Hundred Ten dollars ($14,810.00), which shall meet the specifications set forth in the schedule attached hereto as Exhibit B-4. e. Curb and Gutters. The Cyclery shall undertake a project to install 220 lineal feet of curb and gutter along High Court at an estimated cost of Eight Thousand Four Hundred Twenry dollars ($8,420.00), which shall meet the specifications set forth in the schedule attached hereto as Exhibit B-5. £ Demolition. The Cyclery shall undertake a project to demolish certain improvements which are necessary for the elimination of blight and are part of the redevelopment of the Property, at an estimated cost of Four Thousand Eight Hundred dollars ($4,800.00), which shall meet the specifications set forth in the schedule attached hereto as Exhibit B-6. g. Public Arts Panels. The Cyclery shall undertake a project to install public arts panels at an estimated cost of Twelve Thousand Five Hundred dollars ($12,500.00), which shall meet the specifications set fortlt in the schedule attached hereto as Exhibit B- 7. 03/16/07 Ilsiv-ci-eng-0021users$IawhitelAll FileslURAl38th AvenuelWRCycleryllmprovementAgreemen[ Cyclery-4.doc EXHIBIT B-1 MASONRY WORK SPECIFICATIONS 1. Upgrade 1304 square feet of concrete masonry block, split face and smooth face block with integral coloring. 2. Construct six upgraded stone columns at entrance, including upgraded capstones, construct 1,800 square feet of stone fagade, and install three stone landscape pillars with upgraded capstones. 3. Install new storefront window on existing west exterior wall. Total $37,020.00 03/l6/07 Ilsrv-ci-eng-002lusersglawhitelA/1 FileslURAl38th AvenuelWRCycleryllmpravementAgreement Cyclery-4.doc EXHIBIT B-2 UTILITY WORK SPEC[FICATIONS 1. Disconnect, relocate and underground overhead electric lines; convert to 3-phase. 2. Disconnect and relocate natural gas line. Total $30,820.00 03/16/07 Ilsrv-ci-eng-0021users$lawhitelAll Filesl(1RA138th AeenuelWRC),cleiyllmprovemen[Agreement_Cyclery-4.doc EXHIBIT B-3 ROOF SYSTEM SPECIFICATIONS L Install 7,000 square feet of new upgraded metal roof system with special bow trusses, spray-on insulation and green standing seam metal roofing. Total $155,810.00 03/16/07 Ilsrv-ci-eng-0021users$IawhitelAll Fi/esIUR,4l381h ArenuelYVRCyc7erylLmprovementAgreement Cyclery-4.doc EXHIBIT B-4 HARDSCAPE AND LANDSCAPE SPECIF[CATIONS 1. Install 1,016 square feet of paver sYone at front of new entrance. 2. Install additional landscaping in planter at northwest corner of building. 3. Install new street tree at southwest corner of building. Total $14,810.00 03/16/07 ILsrv-r.i-eng-0021users$IawhitelAll FileslURAl38th AvenuelWRCycleiyVmprovementAgreement_Cyclery-4.doc EXHIBIT B-5 CURB AND GUTTER SPECIFICATIONS l. Cut and remove asphalt; install 147 linear feet of curb and gutter, drain pan, handicapped ramp; patch back and restripe. Total $8,420.00 03/l6/07 Ilsrv-ci-eng-0021users$IawhitelAll Filesl URAl38th Avenuel WRCyc]eryllmprovementAgreement_Cyclery-4. doc EXffiBIT B-6 DEMOLITION WORK SPECIFICATIONS 1. Demolition of structures and paved areas within urban renewal portion of property. Total $4,800.00 03/16/07 Ilsrv-ct-eng-0021users$IativhitelAl[FileslURAl38thAvenuelWRCvcleryllmprovementAgreement Cyclery-4.doc EXHIBIT B-7 PUBLLIC ARTS PANELS SPECIFICATIONS Fabricate and install art panels on west and south exterior walls, including architectural metal banding at top of parapets on south side of building. Total $12,500.00 EXHIBIT B-7 PUBLLIC ARTS PANELS SPECIFICATIONS Fabricate and install art panels on west and south exterior walls, including architectural metal banding at top of parapets on south side of building. Total $12,500.00 03116107 I Lsrv-ci-eng0021 users$ I awhitelAll Fi7es I URAl38th Avenue I WRCyc]eryVmprovementAgreement_Cl,clery-4. doc