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HomeMy WebLinkAboutURA Resolution 2003-09 WHEAT RIDGE URBAN RENEWAL AUTHORITY RESOLUTION NO. ~-2003 Series of 2003 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE WHEAT RIDGE URBAN RENEWAL AUTHORITY APPROVING AMENDMENTS TO THE RELOCATION POLICIES FOR THE REDEVELOPMENT PROJECT AT 38TH A VENUE AND SHERIDAN BOULEVARD BE IT RESOLVED by the Wheat Ridge Urban Renewal Authority that: The Relocation Policies for the Redevelopment Project at 38th A venue and Sheridan Boulevard are hereby amended as provided in the revised document of such policies accompanying this Resolution. DONE AND RESOLVED the ez;tf-.... day of November 2003. !jaw B. ~ Chair I .----' ATTEST: sec~ ~~~ WHEA T RIDGE URBAN RENEWAL AUTHORITY RELOCATION POLICIES FOR THE REDEVELOPMENT PROJECT AT 38TH A VENUE AND SHERIDAN BOULEVARD February 2003 As Amended 1. PURPOSE/APPLICATION. To specify the relocation policies of the W~eat Ridge Urban Renewal Authority (the "WRURA") as provided in the 38th Avenue Corridor Redevelopment Plan on October 22,2001 approved by the City Council of the City of Wheat Ridge (referred to herein as the Plan), the WRURA hereby adopts these Relocation Policies. These Policies describe requirements goveming the provision of relocation payments and benefits to persons and businesses displaced as a result of acquisition of property pursuant to the Plan. These Policies apply to the Redevelopment Project (Project) at the southwest intersection of 38th A venue and Sheridan Boulevard. 2. SCOPE. A. Relocation Plan. These Policies are derived from and are 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 Pavments. The WRURA recognizes that relocation payments are administrative in nature and are required to the extent provided in these Policies, the Urban Renewal Law and other applicable law. Therefore, the determinations of the WRURA regarding eligibility for and amount of relocation payments made pursuant to these Policies shall be matters of discretion of the WRURA. No federal or state funds are being utilized by the WRURA related to this Project or to make relocation payments. C. No Contract. Nothing in these Policies shall be construed as an entitlement or a contractual or promissory obligation to make relocation payments. Subject to the provisions of paragraph B above, payments made pursuant to these Policies are at the discretion of the WRURA. D. Separate from Acquisition - No Duplication ofPavrnents. 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 are separate from and shall not be a duplication of any benefit or payment due as a result of acquisition of real property or which a Displaced 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 residential relocation, there shall be no duplication of payments for acquisition and for relocation. E. Relocation Benefits Personal to Each Person or Business. It is the intent of the WRURA to administer the relocation program of the Plan in a uniform manner with regard to all persons and businesses displaced. However, the WRURA recognizes that different circumstances and needs for relocation exist for each individual person and business displaced by the Project 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 determined 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 WRURA. Any lawful activity undertaken by the WRURA, its agents or assigns, or one operating pursuant to an agreement with the WRURA. 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, telecommunications, 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 property which is acquired as a result of the WR URA' s acquisition of such property 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 WRURA and otherwise complies with these Policies, such person is considered to have been displaced as a result of the WRURA's acquisition. No owner of property shall lease premises within the Redevelopment 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 WRURA, that the tenant must vacate the property 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 whose property was acquired by the WRURA for this Project. 3. Any person who moves before receiving a Notice of Intent to Acquire Property. 2 4. No person shall be eligible for reimbursement for expenses of more than one 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 Redevelopment Plan. The urban renewal plan for the 38th A venue Corridor Redevelopment Area (urban renewal area), 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 Council from time to time. E. Fair Market Value. The value recognized under the eminent domain laws of the State of Colorado as the appropriate measure of consideration for the acquisition of property. F. Goodwill. Special advantage gained by a Business resulting from its reputation or customer relations distinct from value of its stock or other assets resulting from an established course of commercial activity, and which is impaired specifically and directly related to the relocation of such Business by this Project. G. Lost Profits. The net profits which a Business loses specifically 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 instructional activity on a nonprofit basis and that has established its non-profit status under applicable federal or state law. I. Notice ofIntent to Acquire Property to Occupant. The written notice by the WRURA to the owners and/or occupants of the property that the WRURA intends to acquire/purchase for the Project. J. Notice of Intent to Acquire Propertvto Owner. The written notice by the WRURA to the owner to acquire real property for the Project. K. Notice to Relocate. The written notice from the WRURA to an owner, relocatee, resident, tenant or business that it must move from its current location in the Redevelopment Area. Relocation shall not be required upon less than 60 days notice. A Notice to Relocate and negotiations concerning relocation may occur at any time. L. Obsolete Personal Property. Personal property such as, by illustration only, stationery, business cards, signs, and business forms which are rendered useless to a relocating business because such items refer to the address of the business prior to relocation and cannot be re- lettered or otherwise corrected to reflect the new location of the business. M. Outdoor Advertising Displav. 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, personal property, or services whether or not such 3 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 a life estate in real property to be acquired for the Project, or who holds any other interest which, in the judgment of the WRURA, warrants consideration as ownership. O. Person. Any individual, partnership, corporation, trust or association. P. Personal Property. Tangible property which is classified by the WRURA as personality under Colorado law, is owned by the relocatee, is located on real property to be acquired, and is not purchased by the WRURA in the acquisition of such real property. Q. Proiect or Proiect Area. The portion of a Redevelopment Area being redeveloped in a specific project. The Project Area is located at the southwest portion of the intersection of 38th A venue and Sheridan Boulevard as described in Exhibit A hereto. R. Real Propertv. Property that is classified by the WR URA 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. Redevelopment Area. See Urban Renewal Area. 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 who may be eligible for relocation benefits. V. Relocation. The transportation of personal property of the relocatee from one location in the Redevelopment Area to a different location outside the Redevelopment Area or, subject to approval by the WRURA, 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 of these 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 similar business owned and operated by the person(s) that owned the business within the Redevelopment Area. W. Relocation Administrator. The person appointed by the WRURA who is responsible for administering the provisions of these Policies. 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 find a person buying with knowledge of the uses and purposes for which it is adaptable and 4 capable of being used. This includes separate use of serviceable components and scrap when there is no reasonable prospect of sale except on that basis. y. Tenant. A person(s) who rents or who is temporarily 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 area described in the Plan within the jurisdiction of the WRURA and within the City of Wheat Ridge, also referred to herein as the Redevelopment Area. AA. Urban Renewal Plan or Plan. The 38th 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 City Council from time to time. 4. GENERAL ELIGIBILITY REQUIREMENTS AND PROCEDURES. A. No Duplication of Pavrnents. No displaced business shall receive any compensation for relocation which, in the opinion of the WRURA, would 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. There are to be no duplications of payments for acquisition of property and for relocation. B. Conditional Right 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 Property to the owner of the property from which the relocatee is moving. C. Least Cost Approach. The amount of payment for an eligible relocation expense shall not exceed the least costly method, as determined by the WRURA, of accomplishing the objective of the payment without causing undue hardship to the displaced person or business. D. Determination of Eligibilitv for Relocation Benefits. The WRURA may designate a person as Relocation Administrator, who shall have the primary 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 determined in accordance with Section 10. of these Policies. E. Documentation. Any claim for a relocation payment shall be submitted to the WRURA and supported by such documentation as may reasonably be required by the WRURA to establish the accuracy of expenses incurred, such as bills, statements, invoices, bids, certified prices, appraisals, or other evidence of such expenses. F. Time for Filing. All claims for relocation payment shall be filed with the WRURA within 60 days after the move is completed, unless, for good cause shown, this time period is waived or extended in writing by the WRURA. The move shall be deemed to be completed on the date the relocatee removes all of its personal property from the site, or the date of the WRURA's 5 acquisition thereof, whichever date is earlier. After the 60-day period has expired, the relocatee shall be deemed to have waived all entitlements. G. Multiple 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 determined by the WRURA, as well as the other benefits provided to business owners by the Plan. Benefit payment for items owned or leased jointly by the tenants shall be paid jointly to the tenants, unless another arrangement is mutually agreeable to all of the tenants. The WRURA shall not be responsible for the distribution of such payments among the tenants. H. Payment of Benefit. The WRURA shall pay relocatee one-half (Vz) of its total relocation benefit upon the execution of an agreement between the WRURA and the relocatee for relocation. The remainder of the benefit shall be paid upon the relocatee's completed move from the Project Area and written verification of all costs incurred to the reasonable satisfaction of the WRURA. Such payments may be made jointly to relocatee and any third party performing services for the relocatee related to its move from the Project Area at the discretion of the WRURA. In the event relocatee provides lien waivers or receipts from such third parties, the WRURA shall make the relocation payment to relocatee. I. Set Off for Claims. The WRURA 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 Proof. Claimants shall have the burden of proof to establish eligibility for, and amount of, any relocation payment claimed hereunder. K. Time for Moving. 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 60 days of receiving written notification from the WRURA to relocate or within such additional time as the WRURA may determine and specify in writing. L. Ineligible Tenants. 1. Owner's Obligation to Notify 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 property is being acquired by the WRURA and that such tenant shall not be eligible for relocation benefits from the WRURA. A copy of the owner's notice to the tenant shall be delivered to the WRURA. 2. Categories of Ineligibility. The following occupants, tenants, renters, residents or businesses shall not be eligible for relocation assistance: 6 a. One which does not occupy real property in the Project Area on the date of the WRURA's Notice of Intent to Acquire 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 legal 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 utilities are not eligible for relocation payments hereunder. f. 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 violation of applicable land use laws, regulations, building and zoning codes. h. Any business which has not occupied the property for 180 days prior to the date a court grants possession of the property to the WRURA if an action in eminent domain is initiated by the WRURA. i. Any business whose tenancy or right to possess any portion of the property is terminated because of either (1) the expiration of the term of its right to possession; or (2) contractual termination of such right to possession. j. Any business to whom the WRURA made a good faith offer to retain as a tenant or owner in the Project and which business declines such offer. k. Public utilities are not eligible for relocation payments. I. Any business which fails to complete its relocation in the time specified. 7 5. BUSINESS RELOCATION. ELIGIBLE EXPENSES. Relocation shall include the following eligible expenses: A. Professional Services. Insurance and Transportation. A displaced business shall receive a sum of $1,000.00, plus $.50 per square foot for the net leasable area of the building in excess of 3,000 square feet, not to exceed a total payment of $5,000.00, to cover any expenses incurred in the following categories: 1. Professional services, including but not limited to, realtors, architects, 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 planning the move of the personal property. Professional fees, such as attorney's fees, incurred in connection with representing the displaced business in preparing a location claim or in contacts or proceedings before the WRURA or other entities, such as courts or arbitrators, 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. Moving:. Packing, crating, moving, unpacking, and uncrating personal property based on customary and standard rates of storage as determined by the WRURA. C. Temporary Storage. Storage of personal property as the WRURA determines to be necessary, to be paid on the maximum basis of $0.25 per square feet of net indoor leasable space. D. Reinstallations. Disconnecting, dismantling, removing, reassembling, and installing relocated and any substitute machinery, equipment and other eligible personal property, based on customary and standard costs as reasonably determined by the WRURA. This may include connecting to utilities available at the new rate and modifications necessary to adapt such property to the replacement structure or to the utilities or to adapt the utilities to the personal property. A displaced business shall be eligible for payment of these expenses only if it provides to the WRURA a list of property that is to be disconnected and reinstalled at the replacement location by the date set for submission of the list by the WRURA. Notwithstanding the foregoing, the maximum eligible benefits for reinstallations shall be based upon $10.00 per square feet of net indoor leasable space. E. Licenses. Printing 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 square feet of net indoor leasable space for expenses incurred in the following categories: 1. Any license, permit or certification required by the displaced business at the replacement location. 8 2. Advertising, re-lettering signs and printing materials such as stationery and business cards made obsolete as a result of the move. 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 location, but is promptly replaced with a comparable substitute item at the replacement site. The displaced business is entitled to payment of the lesser of the cost of the substitute item, including installation cost at the replacement site, less trade in of the replaced item, and less any sale or salvage proceeds if any. Personal property, which must be upgraded to comply with health or building codes or other applicable regulations or which has no value or minimal value, as determined by the WRURA, is not applicable to this Section. G. Real Property Fixtures. 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 WR URA 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 WRURA, subject to reduction for depreciation. The value reimbursed to the business shall be only for the business's remaining lease term and options, if any, in the premises. Notwithstanding the foregoing, the maximum eligible benefits for fixtures shall be based upon $15.00 per square feet of net indoor leasable space. H. Goodwill and Lost Profits. Displaced businesses may request a sum for lost profits and impaired goodwill. Benefits for lost profits shall be based upon the average monthly profit of the business as reflected on audited financial statements for the previous three full calendar years and supported by or based upon federal and state tax returns for such three year period. Reimbursement for lost profits shall be limited to 75% of the average monthly profit as reflected on the audited financial statements for a maximum of three months. The WRURA may make a payment at the discretion of the Relocation Administrator for impaired goodwill based upon a request by a business documented with verified evidence of the nature of and reasons for impairment of goodwill. Payments for impaired goodwill shall not exceed $5,000.00. I. Notification to the WRURA and Inspection. To be eligible for payment under this section, the displaced business shall: 1. Permit the WRURA to make reasonable and timely inspections of the personal property at the displacement and replacement sites. 2. Provide an inventory of all personal property expected to be moved within 30 days after receiving a Notice to Relocate from the WRURA and, if the 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. 9 J. Cessation of Business - Delav. If a business determines to cease doing business, it shall be eligible for benefits based upon the following maximum sums: For indoor retail floor space: $10.00 per square foot; For indoor storage space: $3.00 per square foot; For office space: $5.00 per square foot; For outdoor retail space: $0.30 per square foot; For outdoor storage space: $0.13 per square foot. If a business delays relocation, it shall be eligible for benefits of $5.00 per square foot of net indoor leasable space at the time of closure of the business. Thereafter, the WRURA 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 determined relocation benefits are less than $5.00 per square foot of net leasable space, no refund will be due the WRURA by the business. Relocation to a site at a distance of 25 miles or more, or to a site that involves extraordinary costs (as determined by the WRURA) shall not be eligible for additional or extraordinary relocation benefits. 6. RESIDENTIAL RELOCATION - ELIGIBLE EXPENSES. If residential tenants or renters are displaced through property acquisition by the WRURA, such tenants shall be eligible for the following relocation benefits: A. A finder's fee of $750 for locating and securing a replacement dwelling unit, within a 25 mile radius in which the displaced resident desires to locate. B. If tenant is a renter, a one-year rent differential necessary to lease (discounted to present value) a comparable (as reasonably determined by the WRURA) dwelling unit, within a 25-mile radius. C. If tenant is an owner, loan discount points not to exceed 1 % or $1,500.00, which ever is less, to discount a mortgage to a principal and interest payment on a loan balance equal to the existing loan balance principle and interest payment on any mortgage. D. Actual costs, established by competitive bid, associated with packing, crating, boxing, moving and transporting all personal property for a distance of not more than 25 miles to a replacement dwelling. E. Insurance of personal property for moving. F. Temporary storage not to exceed four months. 10 7. 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 WRURA by the property owner, manager or landlord. B. Rent Payment and Abatement. Upon settlement of relocation benefits, a tenant shall assign its lease to the WRURA, which will assume all payments due under the lease from the date the tenant vacates the premises until the WRURA takes possession of or title to the property and such payments are no longer due to the landowner or its agent. If the WRURA has possession of or title to the property, a tenant may elect to have its rent abated from the date of execution of a settlement agreement with the WRURA until the tenant's 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 WR URA. If rent is abated while the tenant continues to occupy the property, an amount equal to the abated rent shall be deducted from any rent subsidy to be paid to the tenant by the WRURA. Any unpaid rent owed by the tenant to the WRURA shall be deducted by the WRURA from the final settlement payment to the tenant. 8. INELIGIBLE MOVING AND RELATED EXPENSES. A. Inelig:ible Costs and Expenses. A displaced person, tenant of a residence or business is not entitled to payment for: I. Cost of moving or reconstructing any structure or real property improvement which was located on the property in which the relocatee or business reserved ownership and did not receive payment therefore from the WRURA as part of the real property acquisition. Nothing herein shall obligate the WRURA to allow a relocatee or business to reserve ownership in any fixture or item of real property. 2. Interest on a loan related to the relocation of a business. 3. Loss of trained employees. 4. Physical improvements at the replacement location of the business or professional fees related thereto. 5. 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, additional permits, or licenses. 6. Personal injury. 11 7. Legal or attorney's fees or other costs for preparing a claim for relocation payment or for representing claimant before the WRURA, any other entity or court, or for providing any other legal services. 8. Storage expenses in excess of the time limitations in these Policies. 9. Any expense or payment for which the business owner shall receive reimbursement or compensation from another source or pursuant to any other law. 10. Taxes. 11. Lease payments not received by a property owner for rental property due prior to acquisition of the property by the WRURA. 12. Any expenses not specifically listed as eligible for payment in these Policies. 9. RELOCATION ASSISTANCE ADVISORY PROGRAM - NOTICE. A. The WRURA shall 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 realtors and others who may help locate replacement sites; identifying services for moving, packing, storage, and insurance; assistance with the 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 determining 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. B. Notification. As soon as feasible after the approval of an agreement with a private developerlredeveloper or private business to redevelop the Project Area, the WRURA shall notify each relocatee in the Project Area regarding: 1. The relocation services, benefits and procedures to be provided by the WRURA. 2. The anticipated schedule for the Project including the expected date for the completion of all moves and relocations. 12 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 final relocation benefits made by the Relocation Administrator in accordance with Section 4.D. above. B. Actions Which May Be Appealed. A person may file an appeal of a final determination of relocation benefits by the Relocation Administrator to the Board of Commissioners of the WR URA, 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. Rig:ht 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 appearance regarding an appeal. Such legal representation shall be at such person's sole expense and not that of the WRURA. E. Review of Files by Person Making Appeal: Within the requirements of applicable laws, the WRURA will permit a person to inspect and copy all files and records of the WRURA and the Relocation Administrator specifically pertaining to such appeal, except materials which are confidential. Confidential matters include but are not limited to negotiations between the WRURA and any other person or business and privileged communication of the WRURA, its staff and consultants and its legal counsel and/or legal advisors. Confidential matters may also include those matters related to the Colorado laws regarding public records. The WRURA may impose reasonable conditions on the person's right of inspection. F. Time Limit for Initiating Appeal. Unless waived or extended in writing by the WRURA, an appeal to the WRURA shall be in writing within 30 days after the Relocation Administrator advises the person in writing of his/her recommended final offer of relocation benefits. G. Request 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 oral 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 claimant may elect either a public or private hearing 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 shall be filed with the WRURA within 15 days of the date of receipt by the WRURA of claimant's request for review and at least seven calendar days prior to any hearing set before the WRURA, whichever is earlier. Information submitted thereafter need not be considered by the WRURA, except by approval of the WRURA's Board of Commissioners. 13 H. Scope of Review. The WR URA, in deciding the appeal, may consider: 1. These Policies; and .2. All applicable laws, rules and regulations, including by illustration only, The Urban Renewal Law, 31-25-101, et seq. C.R.S. ("Law"); and 3. All pertinent and relevant arguments and materials submitted by the person making the appeal; and 4. All materials and documents upon which the Administrator based the determination being appealed, and any other available information that is necessary to assure a fair and full review of the appeal. I. Determination and Notification After Written Appeal. Within 30 days of the hearing, or if no hearing is held, within 30 days of the receipt of all relevant information, as provided herein, the WRURA shall make its written determination regarding the appeal to such person. Mailing of such decision to the claimant at his/her last known address shall constitute the WRURA's final action. J. Request for Additional Time Period. A person who makes a request for additional time. to prepare for an appeal based upon reasonable cause, at the discretion of the WRURA, he/she may be granted additional time not to exceed 30 days. K. Determinations Final. Determinations on appeals made by the Board of Commissioners of the WRURA shall be final. 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. Payments. In its sole discretion, the WRURA may agree to a payment schedule in variance from these Policies upon a showing of necessity by the relocatee. C. Burden of Proof. The relocatee shall have the burden of proof regarding its eligibility, eligible expenses and relocation benefits. D. Deviation. The Board of Commissioners may, at their sole discretion, deviate from these Policies, consistent with the purposes and intent of relocation benefits as provided in the Law and the Plan. 14