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HomeMy WebLinkAbout01/29/2008WHEAT RIDGE URBAN RENEWAL AUTHORITY AGENDA January 29, 2008 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Urban Renewal Authority on Tuesday, Jauuary 29, 2008, at 6:00 p.m., in the City Council Chambers of the Muuicipal Building at 7500 West 29th Avenue, W6eat Ridge, Colorado. 1. Call the Meeting to Order 2. Roll Call of Members 3. Approval of Minutes -December 17, 2007 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. Report on Inspection for Asbestos Containing Material & Lead Based Paint at 7340 W. 44`h Ave. B. Appraisal Report for Properties Located at 7340 & 7540 W. 44"' Ave. C. Commercial Lease between WRURA and the Stage Stop Antique Mall, LLC D. Property Acquisition Financing E. Referral regarding proposed Special Use Permit at 5850 W. 38th Avenue 6. Adjournment MINUTES WHEAT RIDGE URBAN RENEWAL AUTHORITY December 17, 2007 1. CALL THE MEETING TO ORDER The meeting of the Wheat Ridge Urban Renewal Authority was called to order by Chair Williams at 5:00 p.m. in the council chambers of the Municipal Building 7500 West 29`,' Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Authority Members Present: Rick Adams James Bahrenburg Janet Leo (arrived at 5:30 p.m.) Walt Pettit (left the meeting at 5:50 p.m.) Tom Radigan Larry Schulz _ Tettell Williams Also attending: Patrick Goff, Exeutive Director Corey Hoffinann, WRURA Attorney Aim Lazzeri, Recording Secretary 3. APPROVAL OF MINUTES - December 11, 2007 It was moved by Larry Schulz and seconded by James Bahrenberg to approve the minutes of December 11, 2007. The motion passed unanimously. 4. PUBLIC FORUM There was no one present to address the Authority. 5. EXECUTIVE SESSION It was the opinion of the WRURA attorney that there was not a need for an executive session. 6. UPDATE • Patrick Goff reported that the Phase II Environmental Assessment came back clean. WRURA Minutes - 1- December 17, 2007 NEW BUSINESS A. Approval and Acceptance of Purchase and Sale Contracts for Vohoska and Karl Properties Corey Hoffinann reviewed the contracts. Because both properties are needed, each property is contingent upon the other. ln regard to the sliver of land (approximately 10 feet by 40 feet) between the two properties, title work is needed and an indeinnity will be required to protect WRURA. Tenell Williams volunteered to go to the court house to thoroughly research the title of this property. There is also a contingency that financing must be available. Tom Radigan suggested that commercial banks, in addition to retail banks, should be shopped for financing. He did not believe that obtaining financing was a concern. Finding acceptable tenns of financing was more of a concem. James Bahrenberg asked if bids could be requested from banks. Patrick said that is possible. Terrell Williams expressed concern about the date of closing in light of everything that has to be accomplished prior to closing. Corey Hoffinann agreed that this date should be changed to allow more time. In response to questions from Tom Radigan, Mr. Hoffinann explained that the results of the Phase II assessment will be shared with the property owners. He also stated that there is no appraisal condition in the contract. Mr. Goff reminded the Authority that tbere are funds in the WRURA budget to be used in case of a gap in the appraisa] price. There is also the offer of $1.5 million from the city if it is needed to complete the financing. Rick Adams suggested threshold dates in the contract to make the seller more comfortable. Mr. Hoffinann suggested that the dates stay the same with the exception of the tiUe date. He stated that eamest money, in addition to the $7,500 option money, could be added to make the seller more comfortable. [t was moved by Tom Radigan and seconded by James Bahrenberg to approve making an offer in substantially the form of the Purchase and Sale Agreements and in the amounts indicated in the Purchase and Sale Agreements with the following revisions: Earnest money in the amount of $75,000 to be paid upon acceptance of the offers which is refundable; that April 17, 2008 be set for closing on each of the contracts and best efforts will be made to keep other deadlines set forth in the contract. WRURA Minutes - 2- December 17, 2007 The motion passed unanimously. 8. ADJOURNMENT The meeting was adjourned at 6:03 p.m. Terrell R. Williams, Chair Ann Lazzeri, Recording Secretary WRURA Minutes - 3- December 17, 2007 Wheat Ridge Urban Renewal Authority 75110 W. 29[h Avenue Wheat Ridge, Colorado 80033 3032352846 303-2352857 (Fax) TO: Urban Renewal Authority Board Members FROM: Patrick Goff, Executive Directox-o~ RE: Report on the Inspection for Asbestos Containing Material and Lead Based Paint at 7340 West 44`h Avenue DATE: January 25, 2008 On December 11, 2007, the WRURA Board authorized asbestos and other contamination testing for the Antique Mall building. In conjunction with WR2020, quotes were received from three firms to conduct the testing. HWS Consulting Group of Greenwood Village Colorado was awarded the contract. Attached are the Inspection Report (excluding attachments) and a cover letter dated January 11, 2008 from HWS. The inspection determined there are asbestos containing materials in the building located at 7340 West 44th Avenue. In addition, HWS assumes PCB and mercury exist in the lamp ballasts and fluorescent tubes. The Report provides recommendations for abatement of these materials prior to demolition of the building. In the cover letter, HWS provides an estimate for removal of these materials and for professional consulting services to manage the removal. Their estimates range from $180,000 to $265,000. No immediate action is required for the abatement of the materials as demolition of the building most likely will not occur in the immediate future. However, consideration should begiven to negotiate a lower purchase price for the property located at 7340 West 44 Avenue. Action Required: Further direction is requested from the WRURA Board concerninE moving forward with the purchase of the property located at 7340 West 44t Avenue with this additional information in hand. Attachments: 1. Letter from HWS Consulting Group, dated January 11, 2008 2. Report on the Insection for Asbestos Containing Material and Lead Based Paint At 7340 West 44tR Avenue, dated January 1, 2008 -OHM Solutians 7lirough Service January 11, 2008 Mr. Patrick Goff Depury City Manager Wheat Ridge Urban Renewal 7500 West 29°i Avenue Wheat Ridge, CO 80033 in care of Ms. Denise Ballcas, A.I.C.P. Director of Real Estate Development Wheat Ridge 2020 P.O. Box 1268 Wheat Ridge, CO 80034-1258 Reference: 7340 W est 44"' Avenue, Wheat Ridge, CO - Inspection HWS Consulting Group 7951 East Maplewood Ave., Suite 122 Greenwood Village, CO 80111-4724 303.771.6868 • Fax: 303.741.6745 www.hws.com Dear Mr. Goff; Enclosed is the Inspection Report for the above referenced location. The following materials were deterntined to contain greater than 1% asbestos, and are therefore considered to be asbestos containing materials (ACM): Non-Friable ACM ♦ Floor tile and associated mastic, throughout entire building. ♦ Wallboard joint compound, throughout entire building. ♦ CMIJ wall patch on the east side of the building exterior. ♦ Light ballast wiring is assumed to be asbestos containing throughout the entire building. Friable ACM ♦ Fire doors are assumed to be asbestos containing throughout the entire building. ♦ Acoustic ceiling texture and associated overspray on two interior soffits. No lead based paint was identified at the facility. No mercury containing switches were identified. No CMU fill insulation (vermiculite) was identified. No PCB-free lamp ballasts were identified. No mercury-free fluorescent tubes were identified. Denver Manhattan Lincoln Omaha Ames 60+ ...and anywhere else our Ciients need us. Fa,,,,e,d ~ ~'m 1944 ~:k=:... Regulations allow the asbestos containing wallboard system and roofing (roofing is assumed to be ACM) to be left in place for demolition, as well as the floor tile and mastic, however HWS recommends removal of the floor tile prior to demolition in order to eliminate the possibility of contaminating the soil with floor tile debris during demolition, which would then necessitate a soil reinoval project, which is very costly. Further, if the floor tile mastic were also abated, the concrete pad would Ue available for recycling. Assuming the entire building is vacant and empty, and no additional items (such as additional asbestos covered electrical wire) are encountered, the following removal estimates would apply: $ 20,000 Acoustic ceiling texture and overspray, E side $ 13,000 Acoustic ceiling texture and overspray, W side $ 6,000 Lamp ballasts and fluorescent tubes $1 00,000 Floar tile, with the mastic left in place $ 60,000 Removal of floor tile mastic $ 500 Block filler patch Fire doors which are proven to contain asbestos would cost $100 each for disposal This works out to an estimated $200,000 (t 20%) and approximately 30 work days to perform all removal items at current prices. We estimate professional consulting services for this project to be $20,000-$25,000; which would include project design, Uidding, site visits, air monitoring and clearance services, and laboratory costs. Thank you for the opportunity to perform these services for you. Please advise us when we may be of further service. Respectfully submitted, HWS CONSULTING GROUP INC. ~..w~ Curtis R. Johns oX Senior Project Manager /S-bx-2S4U l REPORT ON THE INSPECTION FOR ASBESTOS CONTAINING MATERIAL AND LEAD BASED PAINT AT Antique Mall 7340 West 44th Avenue Wheat Ridge, CO 80033 FOR - Mr. Patrick Goff Deputy City Manager Wheat Ridge Urban Renewal 7500 West 29th Avenue Wheat Ridge, CO 80033 in care of Ms. Denise Balkas, A.I.C.P. Director of Rea1 Estate Development Wheat Ridge 2020 P.O. Box 1268 Wheat Ridge, CO 80034-1258 HWS Project No. 73-68-8401 January 11, 2008 TABLE OF CONTENTS 1.01 PURPOSE OF INSPECTION AND TESTING 1.02 DATE OF INSPECTION AND TESTING 1.03 LOCATION OF INSPECTION AND TESTING 1.04 HWS REPRESENTATIVES 1.05 CLIENT REPRESENTATNES CONTACTED 1.06 PRE-INSPECTION REPORT AND EXCLUSION STATEMENTS 1.07 SAMPLING RATIONALE/INSPECTION METHODOLOGY 1.08 FINDINGS/RECOMMENDATIONS ATTACHMENTS ATTACHMENT #1 EPA AND CDPHE INSPECTOR ACCREDITATIONS ATTACHMENT 42 ASBESTOS BULK SAMPLING SUMMARY TABLE AND SAMPLING LOCATIONS DRAWING ATTACHMENT #3 ASBESTOS LABORATORY ANALYSIS REPORT ATTACHMENT #4 ASBESTOS LABORATORY ACCREDITATIONS ATTACHMENT #5 ASBESTOS LOCATION DRAWING REPORT ON THE INSPECTION FOR ASBESTOS CONTAINING MATERIAL AND LEAD BASED PAINT 1.01 PURPOSE OF INSPECTION AND TESTING Identification and quantification of asbestos containing materials (ACM) and lead based paint (LBP). 1.02 DATE OF INSPECTION AND TESTING December 19, 26 and 28, 2007; and January 11, 2008. 1.03 LOCATION OF INSPECTION AND TESTING Antique Mall 7340 West 44°i Avenue Wheat Ridge, CO 80033 1.04 HWS REPRESENTATIVES U.S. Environmental Protection Agency (EPA) and Colorado Department of Public Health and Environment (CDPHE) accredited Building Inspectors Mr. John Gaddis, Mr. Landon Moody-qud Mr. Benjamin TuChill. Reference Attaclunent #1 for EPA an -dDPHE Inspector Accreditations 1.05 CLIENT REPRESENTATIVE CONTACTED Ms. Denise Balkas, Wheat Ridge 2020 Mr. Mel Karl, Building Owner 1.06 PRE-INSPECTION REPORT, EXCLUSION STATEMENTS AND ASSUMPTIONS HWS warrants that the findings contained herein have been collected with the level of care and skill exercised by experienced and lrnowledgeable enviroiunental consultants who are licensed or otherwise trained to perform asbestos inspections pursuant to the scope of work required on this project. 1.07 SAMPLING RATIONALE/INSPECTION METHODOLOGY HWS perfoimed an asbestos inspection in general accordance with the guidelines of the Envirorunental Protection Agency (EPA) National Emissions Standazds for Hazardous Air Pollutants (NESHAPS), the Asbestos Hazard emergency Response Act (AHERA) and the Occupational Safety and Health Administration (OSHA) 1926.1101. The EPA recognizes material that contains greater than one-percent asbestos to Ue ACM. This was a non-destructive inspection, therefore the following materials were excluded froin sampling: roofing materials, inaccessible materials, electrical components and fire doors. The CMU exterior walls were drilled into and no insulation (vermiculite) was discovered. One hundred and nine (109) samples of suspect ACM were obtained by HWS on December 19 and 26, 2007; and January 11, 2008. The t}pes of materials sampled included laid-in ceiling tiles, acoustic ceiling texture, blown-in insulation, block filler, wallboard texhire, wallboard and associated compound, base cove adhesive, floor tile and associated mastic, sheet flooring and associated mastic, and block texture. Additionally, fifry-seven (57) XRF shots were taken of painted surfaces on December 28 in order to identify LBP. The asbestos samples were submitted to Reservoirs Environmental, Inc. and DCM Science Laboratory for analysis by Polarized Light Microscopy (PLM). 1.08 FINDINGS/RECOMMENDATIONS ASBESTOS CONTAINING MATERIALS: ♦ Acoustic ceiling texture and associated overspray. ♦ Exterior block filler patch. ♦ Wallboardjointcompound ♦ Floor tile and associated mastic. ♦ Sheet flooring mastic. ♦ Lamp ballast wiring is assumed to be asbestos containing. ♦ Fire doors are assumed to be asUestos containing. MATERIALS DETERMINED TO BE NEGATNE FOR ASBESTOS ♦ Wallboard. ♦ Exterior block Filler. ♦ Laid-in ceiling tiles. ♦ Base cove adhesive. ♦ Blown-in insulation. ♦ Wallboard and block texture. MATERIALS DETERMINED TO BE POSITNE FOR LEAD BASED PAINT: 4 No lead based paint was identified. ADDITIONAL FINDINGS: ♦ All lamp ballasts will be treated as PCB containing. ♦ All fluorescent tubes will be treated as mercury containing. ♦ No mercury containing switched were identified. All fluorescent tubes are assumed to be mercury containing unless otherwise identified. No mercury containing switches were identified. HWS recommends that prior to demolition, the acoustic ceiling texture on the two interior soffits (310 sqft and 150 sqft) and associated overspray (2000 sqft and 500 sqft footprint, 20' to deck) be abated. The exterior block filler patch should also be removed (est. 72 sqft), as well as the lamp ballasts (est. 830) with their associated wiring and tluorescent tubes (est. 1026). Suspect fire doors can be evaluated one at a time during abatement and disposed of properly. HWS also recominends that the floor tile be taken up and disposed of as ACM waste (est. 31,000 sqR) in order to eliminate the liability associated with leaving ACM behind in the soil post demolition. If the floor tile mastic were also abated, the concrete pad for the Uuilding would be available for recycling. In either case, the wallboazd joint compound can be demolished with the building if kept adequately wet when disturbed. Reference Attachment #2 for Asbestos Bulk Sampling Summary Table and Sampling Locations Drawing. Reference Attaclunent #3 for Asbestos Laboratory Analysis Report. Reference Attachment #4 for Asbestos Laboratory Accreditations. Reference Attachment #5 for Asbestos Location Drawing. Wheat Ridge Urban Renewal Authority 7500 W. 29th Avenue Wheat Ridge, Colocado 80033 303235-2846 303-2352857 (Fax) TO: Urban Renewal Authority Boazd Members FROM: Patrick Goff, Executive Directo4 RE: Appraisal Report for the Properties located at 7340 and 7540 West 44`" Avenue DATE: Januazy 25, 2008 On December 11, 2007, the WRURA Board authorized appraisal of the two properties located at 7340 and 7540 West 44`h Avenue. ]s` Bank Wheat Ridge contracted with the firm J.R. Meurer & Company Inc. from Golden Colorado for a summary appraisal of the subject properties. Attached is the final report with a date of value of January 3, 2008, The following table provides a summary the property square footage, current asking price, price/square foot, value (from appraisal) and value/square foot. SF Price PSF Value VSF Kazl 182,606 $1,950,000 $10.67 $1,470,000 $8.05 7340 W. 44`h Ave. Vohoska 139,582 $1,500,000 $10.75 $1,185,000 $8.49 7540 W. 44" Ave. 7340 and 7540 322,188 $3,450,000 $10.71 $2,885,000* $8.95 W. 44'h Ave. * Value as a contiguous site The Contracts to Buy and Sell Real Estate between the WRURA and Milloie Karl and VernVohoska do not contain contingencies for the appraisal of the properties. Attachments: 1. Estimate of Market V alue, date January 14, 2008 Wheat Ridge Urban Renewal Authority 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 303235-2846 303-2352857 (Fax) TO: Urban Renewal Authority Board Members FROM: Patrick Goff, Executive Director..2~ RE: Commercial Lease between the WRURA and the Stage Stop Antique Mall LLC, 7340 West 44t" Avenue DATE: January 25, 2008 Milloie Karl, the owner of the Stage Stop Antique Mall located at 7340 West 44t' Avenue, has expressed an interest in leasing back this property from the WRURA once the property is acquired by the WRURA. Attached is the first drafr of a Commercial Lease agreement drafted by Jeff Parker. Mr. Karl is currently reviewing the Lease. To date I have not received any comments back from Mr. Kazl but expect to have comments before the next WRURA meeting on January 29`h An annual rental rate or security deposit has not been determined at this time. During initial discussions with Mr. Karl he had suggested a$5,000 monthly rental rate. I have requested from Mr. Karl copies of his current lease agreements with his tenants at the Stage Stop Antique Mall. Action Required: Further direction is requested from the WRURA Board to continue negotiations for a Lease agreement with any suggested amendments brought forward at the January 29r" meeting. Attachments: 1. Commercial Lease Agreement Commercial Lease This lease is made between the Wheat Ridge Urban Renewal Authority ("WRURA"), 7500 W 29th Ave., Wheat Ridge, Colorado 80033-8001 and the Stage Stop Antique Mall, LLC, 7340 West 44~' Avenue, Wheat Ridge, Colorado 80033, herein called Tenant. Tenant hereby offers to lease from WRURA the premises situated in the City of Wheat Ridge, County of Jefferson, State of Colarado, described as follows: THE W%z OF THE NE '/a NW SE '/o OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., EXCEPT THE NORTH 30 FEET IN USE AS WEST 44TH AVENUE, EXCEPT THE EAST 25 FEET IN USE AS UPHAM STREET, AND EXCEPT THE EAST 125 FEET OF THE NORTH 130 FEET THEREOF, AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF WHEAT RIDGE IN DEED RECORDED JUNE 30, 1987 UNDER RECEPTION NO. 87085220, COUNTY OF JEFFERSON, STATE OF COLORADO. with Parcel ID No. 39-234-00-096 and with a street address of 7340 West 44`h Avenue, Wheat Ridge, Jefferson County, Colorado, and - Parcel ID 39-234-00-009, with a street address of 7340 West 44`h Avenue, Wheat Ridge, Jefferson County, Colorado, (the "Premises") upon the following TERMS and CONDITIONS: L Term and Rent. WRURA demises the above Premises for a term of one year commencing on the date WRURA purchases the Premises from Milloie E. Kazl (the "Commencement Date"), which is currently anticipated to be April 17, 2008, and terminating on the one year anniversazy date of the Commencement Date, which is currently anticipated to be April 17, 2009, or sooner as provided herein, at the annual rental rate of Dollazs .00). Payments shall be made for the first month on a prorated basis based on the Commencement Date. Thereafter, installment payments shall be payable in advance on the first day of each month far that month's rental, during the term of this lease, and the last month's rent shall also be prorated based upon the Commencement Date. Provided further, however, as consideration for the term and rent provided herein, Tenant shall upon execution of this Agreement pay an amount equal to the first and last full month's rent, which shall, so long as Tenant is not in default of the Lease, constitute payment for the aforesaid first and last full month's rent. At the Commencement Date Tenant shall pay the prorated sum for the first month, and on the first day of the last month Tenant shall pay the prorated sum far the last month. All rental payments shall be made to WRURA, at the address specified above. This lease may be renewed upon mutual written agreement of the parties. WRURA may terminate this lease upon sixty (60) days prior written notice to Tenant if in WRURA's sole judgment it is necessazy to facilitate the redevelopment of Premises, which Tenant acknowledges j (/13/2008 U: I URBAN RENEWALUNTIQUEMALL_LEASEBACK.DOC is the reason WRURA is currently acquiring the Premises. Either party may terminate this Lease for any reason upon providing the other party one hundred twenty (120) days written notice. 2. Use. Tenant shall use and occupy the Premises for an antique mall in substantially the same manner as Tenant is currently using the Premises. The Premises shall be used for no other purpose. Tenant shall not use the Premises for the purposes of storing, manufacturing or selling any explosives, flammables, or other inherently dangerous substance, chemical, thing, or device. 3. Care and Maintenance of Premises. Tenant acknowledges that the Premises aze in good order and repair, unless otherwise indicated herein. Tenant shall, at his own expense and at all times, maintain the Premises in good and safe condition, including plate glass, electrical wiring, plumbing and heating installations and any other system or equipment upon the premises and shall surrender the same, at termination hereof, in as good condition as received, normal weaz and tear excepted. Tenant shall be responsible for all repairs required, including the roof, exterior walls, and structural foundations. Tenant shall also maintain in good condition such portions adjacent to the Premises, such as sidewalks, driveways, lawns and shrubbery. WRURA shall have no maintenance obligations whatsoever for any portion of the Premises. 4. Tenant Improvements and Alterations. 4.1 The Premises shall be delivered in "as is" condition. Tenant assumes full responsibility for reviewing the Premises and accepting its condition. 4.2 Tenant shall not, without first obtaining the written consent of WRURA, make any alterations, additions, or improvements, in, to or about the Premises. 43 Tenant shall not suffer nor permit any mechanic's liens or public works claims to be filed against the Premises by reason of work, labor, service or materials supplied or claimed to have been supplied to Tenant as a result of an agreement with, or the assent of Tenant. Nothing in this Lease shall be construed as constituting the consent or request of WRURA, expressed or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration, or repair of or to the Premises or any part thereof. Nothing in this Lease shall be construed as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's liens or public works claims against WRURA's interest in the Premises. If any such mechanic's lien or public works claims shall at any time be filed against the Premises, Tenant shall cause the same to be discharged of record within thirty (30) days after the date Tenant has knowledge of such filing. If Tenant shall fail to discharge such mechanic's lien or public works claims within such period, then, in addition to any other right or remedy of WRURA, WRURA may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the dischazge of such lien and recover the related costs from Tenant. However, Tenant shall not be required to pay or dischazge any such mechanic's lien or public works claims so long as Tenant shall in good faith proceed to contest the same by appropriate proceedings; provided, however, Tenant shall give notice in writing to WRURA of its intention to contest the validity of such lien and/or claim. 2 lnsizooa U. IURBAN RENEWALIANTIQUEMALL_LEASEBACKDOC - 5. Ordiuances and Statutes. Tenant shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, peRaining to the Premises, occasioned by or affecting the use thereof by Tenant. 6. Assignment and Subletting. Tenant shall not assign this lease or sublet any portion of the Premises without prior written consent of WRURA, which may be withheld in WRURA's sole discretion. Any such assignment or subletting without consent shall be void and, at the option of WRURA, shall terminate this lease. 7. Utilities. Tenant shall pay for sewer, water, gas, electricity, and trash removal. Tenant shall be responsible in its own name for telephone services, including equipment and repairs. Tenant shall also be responsible for cable/data/intemet/satellite service, equipment and repairs if such services are determined to be necessary by Tenant. 8. Entry and Inspection. Tenant shall permit WRURA or WRURA's agents to enter upon the Premises at reasonable times and upon reasonable notice, for the purpose of inspecting the same, and will permit WRURA at any time to place upon the Premises any usual "To Let," "For Lease" or "For Sale" signs or any signs related to the redevelopment of the Premises in the sole discretion of WRURA, and permit persons desiring to lease, purchase, or redevelop the Premises to inspect the Premises thereafter. 9. Possession. If WRURA is unable to deliver possession of the Premises at the - commencement hereof, WRURA shall not be liable for any damage caused thereby, nor shall this lease be void or voidable, but Tenant shall not be liable for any rent until possession is delivered. 10. Disclaimer. Tenant agrees that WRURA shall not be liable for any damage, either to person or persons or property sustained by Tenant or WRURA or by any other person or persons due to the use of the Premises, due to the happening of any accident, or due to any act or neglect of Tenant, or any occupant of the Premises, or the use or misuse of any instrumentality or agency in or connected with the Premises, or occasioned by any nuisance made or suffered thereon. Tenant agrees to save WRURA hacmless thereon and therefrom, and to indemnify WRURA on account thereof. 11. Insurance. 111 Tenant (for itself and on behalf of anyone claiming through or under it by way of subrogation or otherwise) hereby waives any rights it may have against WRURA, WRURA's servants, agents and employees, on aceount of any loss or damage occasioned to Tenant, as the case may be, its respective property, the Premises or its contents, the common areas, parking lots and sidewalks located adjacent to the Premises or to the other improvements of the Premises arising from any risk and to the extent covered by fire and extended coverage insurance, provided that such waiver does not invalidate such policies or prohibit recovery thereunder. 3 l/23/2008 U: I URBAN RENEWALIANTIQ(IEMALL_LEASEBACKDOC 11.1 Tenant fiirther covenants and agrees that from the date hereof Tenant will procure and maintain throughout the term, at its sole cost and expense, the following types of insurance in the amounts specified and in the form hereinafter provided: 11.1.1 Comprehensive broad form general public liabiliry insurance in common use for commercial structures with extended coverage endorsement protecting WRURA and Tenant against any liability whatsoever and covering the Premises, common areas, and parking lots and sidewalks located adjacent to the Premises and Tenant's use thereof against claims for personal injury, death and property damage occurring upon, in or about the Premises, such insurance to afford protection to the ►imit of not less than two million dollars ($2,000,000) combined single limit. The insurance coverage required under this Section 11.2.1 shall, in addition, extend to any liability of Tenant arising out of the indemnities provided for in this lease. 11.1.2 Workers' compensation insurance covering all persons employed for such work as required by law. 11.13 Fire and extended coverage insurance covering the Premises for injury or damage by the elements, or through any other cause, and all alterations, extensions, and improvements thereto and on the Premises and replacements thereof, including all appurtenances, whether on the Premises or extending beyond the boundaries thereof, against loss or damage by fire and the risks contemplated within the extended and malicious mischief (as such endorsements may customarily be written in Colorado from time to time), in an amount not less than the full actual replacement cost of the Premises, common areas, and appurtenances, and sufficient to prevent WRURA or Tenant from becoming a co- insurer of any partial loss and the applicable provisions of the policies. 11.2 All policies or insurance provided for in shall be issued by solvent and responsible insurance companies licensed to do business in the State of Colorado with a general policy holder's rating of not less than "A" and a financial rating of "AAA", as rated in the most current available "Bests" Insurance Reports, and qualified to write such policies in the State of Colorado. Each such policy shall be issued in the names of WRURA and Tenant, and their designees. Said policies shall be for the mutual and joint benefit and protection of WRURA and Tenant and such policy of insurance, or a certificate thereof, shall be delivered to each of WRURA and any such other parties in interest prior to the commencement of the term and thereafter within thirty (30) days prior to the expiration of each policy. As often as any such policy shall expire or terminate, renewal or additional policies shall be procured and maintained by Tenant in like manner and to like extent. All such policies of insurance shall contain provisions that (a) the company writing said policy will give to WRURA and such other parties in interest at least thirty (30) days notice in writing in advance of any cancellations or lapses, or the effective date of any reduction in the amounts of insurance; and (b) the insurer waives the right of subrogation against WRURA and against WRURA's agents and representatives. All such public liability, property damage and other casualty policies shall be written as primazy policies which do not contribute to and are not in excess of coverage which WRURA may carry. 4 1/13/2008 U. I URBAN RENEWAL I ANT/Q UEMALL_LEASEBACK. DOC All such public liability and property damage policies shall contain a provision that WRURA and any such other parties in interest, although named as an insured, shall nevertheless be entitled to recover under said policies for any loss occasioned to it, its servants, agents and employees by reason of the negligence of Tenant. TenanYs failure to provide and keep in force any of the insurance policies required hereunder shall be regazded as a material default hereunder, entitling WRURA to exercise any or all of the remedies provided in this Lease in the event of Tenant's default. 113 The placement of any insurance by Tenant shall not be construed as any waiver or modification of Tenant's rights under the Colorado Govemmental Immunity Act. 12. Emineut Domain. If the Premises or any part thereof or any estate therein, or any other part of the building materially affecting Tenant's use of the Premises, shall be taken by eminent domain, this lease shall terminate on the date when title vests pursuant to such taking. The rent, and any additional rent, shall be apportioned as of the termination date, and any rent paid for any period beyond that date shall be repaid to Tenant. Tenant shall not be entitled to any part of the award for such taking or any payment in lieu thereof, but Tenant may file a claim for any taking of fixtures and improvements owned by Tenant, and for moving expenses. 13. Destruction of Premises. In the event of a partial or total destruction of the Premises during the term hereof, from any cause, this lease shall terminate at the option of either party. Otherwise, this lease shall remain in full force and effect. 14. Guaranty of Lease. The undersigned personal guarantor does hereby personally guarantee to WRURA and to its successors or assigns the prompt payment of all amounts due from Tenant to WRURA under this Lease and the full performance and observance of all covenants, conditions, and agreements herein provided to be performed and observed by Tenant. If any payments which shall become due from Tenant to WRURA under the Lease are not paid by Tenant in accordance with the terms of this Lease, the undersigned as personal guazantor will make any payments required hereunder upon five (5) days prior written notice to the undersigned as personal guazantor. 15. Inspection of Records. WRURA shall have the right, upon reasonable notice to inspect the records of Tenant, including the financial records of Tenant so long as said inspection is reasonably related to a business or governmental purpose of WRURA pursuant to the terms of this Lease. 16. WRURA's Remedies on Default. If Tenant defaults in the payment of rent, or any additional rent, or defaults in the performance of any of the other covenants or conditions hereof, WRURA may give Tenant notice of such default and if Tenant does not cure any such default within thirty (30) days, after the giving of such notice (or if such other default is of such nature that it cannot be completely cured within such period, if Tenant does not commence such curing within such thirty (30) days and thereafter proceed with reasonable diligence and in good faith to cure such default), then V✓RURA may terminate this lease on not less than fifteen (15) days' notice to Tenant. On the date specified in such notice the term of this lease shall terminate, and Tenant shall then quit and surrender the Premises to WRURA, without extinguishing TenanYs 5 112312008 U. I URBAN RENEWALIANTIQUEMALL_l.EASEBACK DOC liability. If this lease shall have been so terminated by WRURA, WRURA may at any time thereafter resume possession of the Premises by any lawful means and remove Tenant or other occupants and their effects. No failure to enforce any term shall be deemed a waiver. 17. Security Deposit. Tenant shall deposit with WRURA on the signing of this lease the sum of Dollars .00) as security for the performance of TenanYs obligations under this lease, including without limitation the sunender of possession of the Premises to WRURA as herein provided. If WRURA applies any part of the deposit to cure any default of Tenant, Tenant shall on demand deposit with WRURA the amount so applied so that WRURA shall have the full deposit on hand at all times during the term of this lease. 18. Taxes. 18.1 Real Property Taxes. Tenant shall pay all real property taaces and general and special assessments ("real property taxes") levied and assessed against the Premises. 18.2 Tax Increase. In the event there is any increase during any yeaz of the term of this lease in City, County or State real estate taxes over and above the amount of such taxes assessed for the tax year during which the term of this lease commences, whether because of increased rate or valuation, Tenant shall pay to WRURA upon presentation of paid tax bills an amount equal to one hundred percent (100 of the increase in taYes upon the land and building in which the leased Premises are situated. In the event that such taaces aze assessed for a tax year extending beyond the term of the lease, the obligation of Tenant shall be proportionate to the portion of the lease terxn included in such year. 19. Rules and Regulations. Tenant agrees that at all times during the term of this Lease, it shall at its own cost and expense: 19.1 Keep the Premises, common areas, parking lots and sidewalks located adjacent to the Premises in good, neat, and clean condition. 19.2 Keep the Premises clean and free from refuse, rubbish, and dirt at all times; and store all trash, rubbish, and garbage within the Premises in the azeas set aside therefor. 193 Obtain and maintain in effect all permits and licenses necessazy for the operation of Tenant's business as herein provided. 19.4 Keep the outside area immediately adjoining the Premises reasonably clean and free from snow, ice, dirt, and rubbish, and keep that area free from any obstruction or merchandise. 19.5 All contractors of Tenant shall fully comply with the Occupational Safety and Health Act of 1970 (Chaptec XVII, Title XIX of the United States Code) (OSHA) of applicable state statute adopted pursuant to OSHA. It shall be Tenant's obligation to insure that its contractors fully comply with the provisions and standards as contained in such Act. 6 1232008 U.I URBAN RENEWALUNT/QUEMALL_LEASEBACKDOC - 20. Attorney's Fees. In case suit should be brought for recovery of the Premises, or for any sum due hereunder, or because of any act which may arise out of the possession of the Premises, WRURA shall be entitled to all costs incurred in connection with such action, including a reasonable attorney's fee. 21. Waiver. No failure of WRURA to enforce any term hereof shall be deemed to be a waiver. 22. Notices. Any notice which either party may or is required to give, shall be given by mailing the same, postage prepaid, to Tenant at the Premises, or WRURA at the address specified above, or at such other places as may be designated by the parties from time to time. 23. Heirs, Assigns, Suceessors. This lease is binding upon and inures to the benefit of the heirs, assigns and successors in interest to the parties. 24. Subordination. This lease is and shall be subocdinated to all existing and future liens and encumbrances against the property. 25. Entire Agreemenk The foregoing constitutes the entire agreement between the parties and may be modified only by a writing signed by both parties. Signed this day of 12008 WHEAT RIDGE URBAN RENEWAL AUTHORITY Rv: Terrell Williams, Chairman Date: December 17, 2007 7 1/23/2008 U.I URBAN RENEWALIANTIQlIEMALL_LEASEBACK.DOC TENANT By: Milloie E. Kazl STATE OF COLORADO COUNTY OF day of Stop Antique Mall, LLC. My Commission expires: [sEALl Notary Public PERSONAL GUARANTOR - MILLOIE E. KARL STATE OF COLORADO ) ) ss. COUNTY OF ) Subscribed and sworn to before me this day of , 2008, by Milloie E. Kazl in his individual capacity. My Commission expires: [SEAL] Notary Public ) ) ss. ) Subscribed and swom to before me this 2008, by Milloie E. Karl as of the Stage 8 1/232008 UI URBAN RENEWALIANTIQUEMALL_LEASEBACK.DOC Wheat Ridge Urban Renewal Authority 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 3032352846 303-235-2857 (Fau) TO: Urban Renewal Authority Boazd Me bers FROM: Patrick Goff, Executive Dixector RE; Property Acquisition Financing DATE: January 25, 2008 ls` Bank of Wheat Ridge and First Community Bank of Lakewood have both submitted Commitment Letters for the purpose of providing financing for the acquisition of the properties at 7540 W. 44Ih and 7340 W. 44t' Avenue (attached). The l" Bank Commitment Letter expires on March 2, 2008 and requires a$5,000 commitment fee upon acceptance. The First Community Bank Commitment Letter expires on February 29, 2008. Both Commitment Letters have been received by the WRURA without further negotiations. Both lending institutions expressed a willingness to discuss the terms and conditions in greater detail and have offered flexibility with the loan terms. Action Required: Further direction is requested from the WRURA Board to accept and/or continue negotiations with l" Bank, First Community Bank or other lending institutions. Attachments: 1. ls` Bank Commitment Letter, dated January 3, 2008 2. First Community Bank Commitment Letter, dated January 25, 2009 RECEIVED O&TBAW JAN 0 71IXI8 JF WHEAT RIDGE 4350 WADSWORTH BOULEVARD WHEAT RIDGE, COLORADO 80033 303423-1400 January 3, 2008 Wheat Ridge Urban Renewai Authority ATTN: Mr. Patrick Goff, Deputy Cily Manager 7500 W. 29`" Avenue Wheat Ridge, CO 80033 RE: COMMITMENT LETTER FOR THE PURPOSE OF PROVIDING FINANCING FOR THE ACQUISITION OF THE PROPERTIES AT 7540 W. 44T" AVENUE AND 7340 W. 44T" AVENUE, WHEAT RIDGE, COLORADO, FOR THE BENEFIT OF THE WHEAT RIDGE URBAN RENEWAL AUTHORITY Dear Mr. Goff: FirstBank of Wheat Ridge ("Bank") is pleased to provide to the Wheat Ridge Urban Renewal Authority ("Borrower") the attached Commiiment Letter for the purpose of providing financing for the acquisition of the properties at 7540 W. 40 Avenue and 7340 W. 44" Avenue, Wheat Ridge, Colorado ("Properties"). I appreciafe your consideration of FirstBank of Wheat Ridge as the lender for your transaction(s), and I would welcome any questions or comments you may have regarding the Letter. Please feel free to contact me by phone at (303) 456-2184 or by email at stuart wriqhtCrDefirslbank.com, and I look fonvard to continuing ihis process with you. Sincerely, , Sluart Wright~' Executive Vice President TZTBANC ..]t1e foloiado barkfor qeu!' COMMITMENT LETTER FOR FINANCING THE PURCHASE OF THE PROPERTIES LOCATED AT 7540 W. 44T" AVENUE AND 7340 W. 44T" AVENUE, WHEAT RIDGE, COLORADO SUMMARY OF TERMS AND CONDITIONS Borrower Name: Wheat Ridge Urban Renewal Authority. The loan will be signed on behalf of the Borrower by the individual(s) designated in the Borrower's charter agreement. Lien Position; Other Collateral: First priority perfected first mortgage or deed of trust covering the Properties. The Bank will also seek an assignment of the sales tax revenue, from the fortner Town Center Urban Renewal Plan site, lhat will be paid to the Borrower by the City of Wheat Ridge ('City The Bank will require documentation of the actual amount that the City intends to pay to the Borrower, by resolution or other formal acknowledgement. On an annual basis, the Bank will review the Borrower's budgeted net income (revenue less expenditures) for the forthcoming calendar year, and any deficiency of that net income below the annual debt service requirement of the loan must be corrected with a pledge against the Borrower's deposit account(s) held at FirstBank of Wheat Ridge in an amount equivalent to the deficiency. Loan Amount: $3,400,000, limited to the lower of appraised value or purchase price. Loan Amortization: 12 years. Loan Term: 3 years. lnterest Rate: Fixed at 6.75%. The accrual of interest shall be based on a 360-day year (interesi accrues daily at the annual rate divided by 360), and the actual number of days elapsed for any whole or partial month in which interest is being calculated. Payments: Payments will be due for principal and interest, calculated under the tertns indicated above. The approximate monthly payment for a$3,400,000 loan at an interest rate of 6.75% amortized for 12 years will be $34,514. The initial payment is due no more than 45 days after the loan closing. Origination Fee: 1.0% Wheaf Ridge Urban Renewal Authority January 3, 2008 Page 2 of 4 'E-YBANC folorado 6dtfor qoul' Prepayment: The principal balance may be paid in part or in whole at any time prior to maturity without a penalty. Expenses: Borrower shall be responsible for payment of all reasonable closing costs related to the proposed financing inGuding, but not limited to, appraisal, environmental report/review, title insurance premiums and fees, filing fees, legal fees and expenses. Certain Loan The following will be required at, or prior to, closing: Covenants and Other Terms: 1. Properly executed loan documents pertaining to such loan, inGuding but not limited to the Promissory Note, Deed of Trust, Commercial Loan Agreement, and Assignment of Revenue. 2. An acceptable title insurance commitment on the property, including a mortgagee's commiiment naming the Bank as beneficiary. 3. A tax certificate indicating the taxes on the property are current. 4. Adequate hazard insurance on the property naming the Bank as the losslpayee. 5. An environmental report acceptable to the Bank and approved by the Bank's environmental report vendor. 6. Acceptable attorney review and/or opinion letter of corporate authority, lien position, deed restrictions in the event of foreclosure, and any other items necessary to pertect the Bank's interest in the collateral. 7. Any other documents reasonably required by the Bank. You may accept all terms of the Letter by signing the acknowledgement below, and returning the Letter to FirstBank of Wheat Ridge with a$5,000 commitment fee. That fee will be applied toward your closing costs, or if you fail to close the loan, it will be returned less any amounts incurred by the bank in processing the loan. This Commitment Letter will expire in 90 days. Sincerely i I/: uart W rightl I Executive Vice PresicYent Wheat Ridge Urban Renewal Authority January 3, 2008 Page 3 of 4 VYBANC 16 No.aao tank for yau! . I agree to the terms in this Commitment Letter from FirstBank of Wheat Ridge. Signature (print name), for Wheat Ridge Urban Renewal Authority Wheat Ridge Urban Renewal Aulhority January 3, 2008 Date Page 4 of 4 92 F IRST COMMYNITY 13AN K January 25, 2008 Wheat Ridge Urban Renewal Authority 7500 West 29t' Ave Wheat Ridge, CO 80033 RE: Proposed Real Estate Financing Dear Mr. Goff: We aze pleased to advise you that First Community Bank "Lender" has approved a loan subject to the fo11ow2ng terms and conditions: Borrower: Wheat Ridge Urban Renewal Authority Guarantors: None Amount of Loan: Option one: $2,760,000 Option two: $3,450,000 Rate and Points: 0375% (3/8%) Origination fee Purpose of Loan: To Fund the purchase of two parcels of property known as 7340 W. 44'b Ave and 7540 W. 44`h Ave. in Wheat Ridge, Colorado. Payment Terms: 24 Month Maturity. The rate will be fixed for the term of the loan at 5.9%. Interest payment required monthly and principal due at mahxrity. Collateral: Option One: 151 Deed of Trust on 7340 and 7540 W. 44t` Ave., not to exceed the lesser of 80% of appraised value or purchase price. Option Two: 15` Deed of Trust on 7340 and 7540 W. 44t' Ave., not to exceed the lesser of 80% of appraised value or purchase price, plus a pledged Certificate of Deposit with First Community Bank in the name of The City of Wheat Ridge equal to the difference of the 80% test amount referred to above and the purchase price. Odier requirements: Option One only would require The Urban Renewal Authority to maintain a 1.4 times debt service coverage ratio defined as new revenues divided by interest debt service. Option One & Two: Appraisal and satisfactory review by bank approved appzaiser. Release of collaterai, or any part of the collateral, will require that net proceeds be credited to the loan. Financial Reporting Requirements: Annual audited financial statements due within 30 days of completion. Representations and Warranties: Borrower represents and warrants that all information provided by the Bonower to Lender in connection wittt this transaction is and will be at closing, compiete and correct in all material respects, and does not and will not contain any untrue statement of material fact or omit to state any material fact. This commitment is subject to the following conditions precedent: Lender's commitment to extend credit to the Borrower is subject to the satisfaction of each of the following conditions precedent in such a manner acceptable to the Lender in its sole discretion: (A) The Borrower inust be in full compliance with all the terms and conditions of this Commitrnent; (B) Thexe is no materiat breach of any representation, warranty or agreement of the Bonower set forth in this commitment; (C) The Borrower must execute and deliver loan documents satisfactozy to Lender in its sole discretion; (D) There is no change, occurrence or development prior to the closing on any loan under this Commitrnent that could, in Lender's opinion, have a materially adverse effect on the Wheat Ridge Urban Renewal Authority, assets, liabilities (actual or contingent), operations, financial or other condition or prospects of the Borrower; (E) Lender completes due diligence with regazd to the Borrower and this transaction in scope and determination satisfactory to Lender in its sole discretion; (F) Lender does not become awaze of any information after the date of this letter which, in lender's opinion, is inconsistent in a material and adverse manner with any information provided by or on behalf of Borrower, (G) Borrower has not, without the consent of Lender, disclosed the contents of this commitment to any party, except as may be required by legal process. This commitment will terminate on the eazlier of any breach of the material terms of this commitment or on April 30, 2008. In the event of any dispute concerning the terms of this commitment or the duties or obligations of the parties, any such dispute shall be subject to the jurisdiction of the courts of the state oF Colorado and the parties waive trial by jury and agree that such dispute may be determined by a judge without a jury. No change or modification of this commitment shall be valid unless it is in -writing and signed by both parties until the closing of the loan. This commitment contains the entire agreement between the parties hereto, and there are no promises, agreements, conditions, undertakings, warranties and representations, either written or oral, expressed or implied, between the paRies hereto other than set forth herein. It is expressly widerstood and agreed that the parties hereto intend this commitment to be an integration of all prior and contemporary promises, agreeinents, conditions, undertakings, warranties and representations between the parties hereto. Borrower further acknowledges and is awaze of the provisions of the law which require a contract, promise or commitment to loan money or to grant, extend or renew credit or uiy modification thereof, in any amount greater than $25,000.00 not primarily for personal, family or household purposes, to be in writing and signed by the party to be charged or that party's authorized representative. If the foregoing loan terms and conditions aze acceptable to you, please indicate so by sigung and rehuning a copy of this letter prior to the close of business on Februazy 29, 2008. We aze very pleased to assist you and appreciate you thinking of us. If you should have any questions, please contact Samantha Borelli at 303-729-3702 or Kelso Kelly at 303- 729-3655. VJith warmest regazds, i J~~'~~~ ~Celso Kelly Mazket President, Denver First Gommunity Bank RECEIVED AND AGREED TO this day of 2008. Wheat Ridge Urban Renewal Authority Wheat Ridge Urban Renewal Authority 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 303235-2846 303-235-2857 (Fax) TO: Urban Renewal Authority Members FROM: Patrick Goff, Executive DirectoC.Si'A RE: SUP-08-02 - Body Art Establishment, 5850 W. 38`h Ave. DATE: January 25, 2008 The Communify Development Department has received Yhe attached request for a special use at 5850 W. 38`h Ave. - southwest comer of 38`"/Fenton (Attachment I). The special use is for a body art (tattooing/piercing) establishment within the 38`h Avenue Urban Renewal Area. The property is zoned C-1, Commercial-One. The City's Zoning and Development Code requires the review by WRURA of land use applications in an urban renewal area. The Code requires a recommendation from VJRURA based on its review of the application "against the provisions of the urban renewal plan with respect to the land area, land use, design, building requirements, timing and procedure." You are not making a recommendation on whether the request should be approved or not. Your task is to determine if the request is in compliance with the 38In Avenue Redevelopment Plan. Your finding will be one factar to be considered in the approval process. The 38th Avenue Redevelopment Plan references many of the goals and policies of the comprehensive plan in effect at the time the Redevelopment Plan was adopted in 2001. These goals and policies can be characterized as creating a"gateway" and "main streeY' defined as being the center of cultural, entertainment and economic activity, accessible by vehicle, transit and pedestrian, and identified by the inclusion of certain urban design elements. Additional objectives of the 38Ih Avenue Redevelopment Plan are as follows: • To promote a mixed-use development pattern designed to service the sunounding neighborhoods and community, to include a balanced mix of residential, retail and service businesses. • To improve pedestrian and vehicular circulation and safety. • To minimize pedestrian and vebiculaz conflicts. • To encourage retention and enhancements of existing businesses while creating opportunities for new complimentary uses. • To encourage new development and redevelopment that is compatible in scale and design with the existing character of the Redevelopment Area. The accompanying Land Use Concept Plan adopted as part of the Urban Renewal Plan establishes the recommended uses for 38`h Avenue (Attachment 2). This particular area is shown a mixture of auto-oriented businesses and residential conversions and uses. The body art establishment will lease space in an existing vacant building and renovate the interior to the business' specific needs. The applicant is not required to make any improvements to the site under the Zoning Code because there is not a change in use. Recommended Findings: The proposed use is in conformance with the 38`h Avenue Redevelopment Plan. The proposed use essentially perpetuates the use of the existing building for commercial space in subsYantially the same manner as it has in the past. The continued 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 the goals of the 38`h Avenue Redevelopment Plan. 7500 West 29th Avenue ♦ 4 1 City of Wheat Ridge, Colorado 80033 Wheat Iidge 303.235.2846 Fa~c: 303.235.2857 . COMMU[JITY DEVELOPMENT Community Development Referral Form I Date: 16 January 2008 Response Due: 31 January 2008 The Wheat Ridge Community Development a body art establishment (tattooing/piercing) constitute having no objections or concerns Case No.: SUP-08-02 Department has received a request for approval of at 5850 W. 381h Ave. No response from you will regarding this proposal. Request: Allow for a body art establishment without a site plan on property zoned C-1. The body art establishment will lease space in an existing building and renovate the interior to the business' specific needs. Please respond to this request in writing regarding your ability to serve the property or with related concerns pertaining to this application. Please specify any new infrastructure needed or improvements to existing infrastructure that will be required. Include any easements that will be essential to serve the property as a result of this development. Please detail the requirements for development in respect to your rules and regulations. If you need further clarification, contact the case manager. Case Manager: Adam Tietz Voice: 303.235.2845 Fax: 303.235.2851 Email: atietz@ci.wheatridge.co.us Wheat Ridge Water District Wheat Ridge Police Department Wheat Ridge Sanitation District Wheat Ridge Public Works Wheat Ridge Fire District Wheat Ridge Building Division JeffCo Health Department VMe t,Ridge Urban Renewal-AutMority;i "The Carnation Ciry" ~ ~ ~ _ I ~ - - - ~ ; 4 . ~ ~ i . ~ , i ; - ~ - , ~ r ; ~ ~ ~ ; y ~ 1 t ~ ~ • ~ { . ~ _ a ~ . ~ ! %Z . 1 . . I ~ ~ , { ; 4 ~ ~ p - } ^ i 3 J_.,~ l. . ~_d.~,.... ~ ; " ~ t tia ~ $ G A,~~ .a ~ ~ ~ ~3 ~ ~ „ U , ~ ~ ~ ~ . , _ } 4 ',,a K..~ . .~M m s a...YV~,. i k . i~ mh 41+w+ +kw x y. . . j 1, 4 ~ - J4 'j. . W "4 44~ 1- N t.r~~aA. q ' ~Yrvaik~v+4+~' vxv..-x+jrY'.n`~ • v... . N~ r+ y ry S fTb'€ { } ¢ k . ~ t . ~ ~ . ~ . . ~ ~G ~ } ~h{ h k ~r . . . :.rae ~ . . s~ ~ s i. { i 'I k f 7 Gateway/Entry Possible twos feature presence Activity a i f i ! ii9 Vf y~ V a a t7 as 0 Z 2 i Community Commercial Node;, 1... a Gateway/Entry Proposed Feature Streetscape Improvements m Y i a u i U • in A 0 41 y 3 IA. ~,t y Strong Neighborhood kA Residential Oriented Neighborhood Oriented Commercial Mixture of Auto-Oriented Business and Residential Conversions and Uses Focus Business Restaurants and Specialty Retail Mixture of scales (a o and pedestrian) and land uses Pedestrian sca e Pedestrian Scale 0 200 400 figure 2 38th Avenue Land Use Concept puss