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HomeMy WebLinkAboutURA Resolution 2003-04 WHEAT RIDGE URBAN RENEWAL AUTHORITY RESOLUTION NO. 04-2003 Series of 2003 A RESOLUTION OR THE WHEAT RIDGE URBAN RENEWAL AUTHORITY APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF WHEAT RIDGE, REGARDING SALES TAX INCREMENT AND THE COLLECTION OF A PUBLIC IMPROVEMENT FEE WHEREAS, The Authority has secured financing to perform its contractual and legal requirements to redevelop the area at 38th Avenue and Sheridan Boulevard; and WHEREAS, such financing requires the use of sales tax increment from the Wheat Ridge Town Center (which adjoins the 38th Avenue Corridor Redevelopment Area) and requires the use of Public Improvement Fees at the Walgreen's project at 38th A venue and Sheridan Boulevard; and WHEREAS, a proposed Intergovernmental Agreement ("IGA") with the City of Wheat Ridge addresses these matters. NOW THEREFORE BE IT RESOLVED by the Wheat Ridge Urban Renewal as follows: Section 1. The proposed IGA is hereby approved in essentially the form accompanying this resolution, subject to approval of the City and changes authorized by the Authority attorney and Chair. Section 2. The Chair is authorized to sign the IGA subject to the conditions as stated in Section 1 above. . .J DONE AND RESOLVED this ~ day of October 2003. Ij~ 2J.~ Chair ATTEST: /7 .----.,V ~ c7i~ Secretary '" ames A. Windholz, WRURA Attorney I t,.~_- INTERGOVERNMENTAL AGREEMENT This Intergovernmental Agreement ("IGA") is entered into between the City of Wheat Ridge, Colorado ("City") and the Wheat Ridge Urban Renewal Authority ("Authority"), as of October _,2003. WHEREAS, the City has created and the Authority has administered the urban renewal area known as the Wheat Ridge Town Center ("Town Center"); and WHEREAS, the Authority has used property and sales tax incremental revenues from the Town Center to pay its financial obligations and debts related to urban renewal proj ects; and WHEREAS, the Town Center is located immediately adjacent to and adjoins the 38th Avenue Corridor Redevelopment Area; and WHEREAS, the Authority has entered into a Disposition and Development Agreement effective May 1,2003 with Cornerstone Group I, Inc. to develop a Walgreen's retail project within the 38th Avenue Redevelopment Area; and WHEREAS, in compliance with the Disposition and Development Agreement the Authority has entered into a financial agreement to effect its financial and legal obligations to develop the Walgreen's project; and WHEREAS, a portion of the incremental sales tax revenues from the Town Center are not needed to pay any expenses or debt related to that project; and WHEREAS, such financing agreement includes among other sources of revenue this excess portion of sales and property tax increment revenues from the Town Center as well as the contractual imposition of a Public Improvement Fee ("PIF") of I % imposed upon retail sales items at the Walgreen's store, which revenues collectively shall be used to pay the financial debt of the Authority related to the Walgreen's project; and WHEREAS, the City is desirous of cooperating with the Authority to allow it to realize the necessary revenues to pay its financial obligations to redevelop the 38th Avenue Redevelopment Area in conjunction with the Town Center redevelopment; and WHEREAS, such cooperative efforts by the City allow the elimination of blight, redevelop certain commercial areas of the City, and afford economic redevelopment for the community; and WHEREAS, the Council finds that said Intergovernmental Agreement and the extension of use by the Authority of the sales tax increment are not a substantial change of the Town Center Project Urban Renewal Plan or the 38th Avenue Corridor Redevelopment Plan. THEREFORE, It is agreed as follows: 1. The City shall extend the sales tax increment for the Wheat Ridge Town Center for so long as is necessary for the Authority to pay its financial obligations for the purpose of redeveloping the Town Center and the 38th Avenue Corridor Redevelopment Area. The amount of the increment shall continue to be paid to the Authority to be used for its financial obligations related to such redevelopment activities, provided, however that only that portion of the sales tax incremental revenues generated within the Town Center not needed to pay the expenses of the Town Center urban renewal project, including without limitation, debt service, may be, subject to annual appropriation, made available for the 38th Avenue Corridor project. 2. By agreement between the Authority and Cornerstone Group I, Inc. there shall be imposed a 1% Public Improvement Fee, which shall be collected by Walgreen's, paid to the City, be subject to a vendor's fee in the same amount as applicable for sales tax purposes, and shall be remitted by the City to the Authority, less a fee for the City's collection of the same. The Authority shall use such PIF funds to pay its financial obligations related to the Walgreen's project. 3. The City and Authority agree to execute any subsequent and related documents, if necessary, to effect the provisions of this IGA. Effective the date provided above. City of Wheat Ridge, Colorado Wheat Ridge Urban Renewal Authority By: Gretchen Cerveny, Mayor By: Attest: Attest: Pamela Y. Anderson, City Clerk GED\5J027.6\456686.1 2