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HomeMy WebLinkAboutResolution-2003-0030 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO 30 Series of2003 TITLE A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE WHEAT RIDGE URBAN RENEWAL AUTHORITY WHEREAS, the CIty has created and the Wheat RIdge Urban Renewal AuthorIty (the "Authority") has administered the urban renewal area known as the Wheat Ridge Town Center ("Town Center"), and WHEREAS, the CIty has created and the Authority has admInIstered the urban renewal area known as the 38th Avenue Corridor ("381h Avenue"), 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 proJects, and WHEREAS, the Town Center IS located immedIately adJacent to and adJOInS the 381h A venue 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 DlsposltJon 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 1 % Imposed for to 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 allo,^, It to realIze the necessary revenues to pay ItS financial obhgations to redevelop the 38th A venue Redevelopment Area In conJunction WIth the Town Center redevelopment; and GED\53027\388533 01 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 commumty; and WHEREAS, the Council finds that the extension of use by the Authority of the sales tax Increment IS not a substantial change of the Town Center Project Urban Renewal Plan or the 38th Avenue COITIdor Redevelopment Plan. NOW, THEREFORE, BE IT RESOLVED by the Wheat RIdge CIty Council, that the Intergovernmental agreement between the City and the Wheat Ridge Urban Renewal AuthorIty attached hereto as ExhibIt A, IS hereby approved. /,r; I . ,- ,'t J DONE AND RESOLVED thIS ~ day of C>:.:t J; ,: h...___ , 2003 ~ / / , ( , ///'" / \ /;V/ (~ '-..--tr. u' !' { i:f ,{ \.A.r.L(,' J,tJ)\ ,G~ tchen Cerveny, Mayor __ "_. \ , , -- ....'-- - ATTEST i ; ,.... . \' \. \. \ \." , Pubhshed. November 6 ,2003 Wheat RIdge TranscrIpt GED\53027\456680 1 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 J...7, 2003 WHEREAS, the City has created and the AuthorIty has admInistered the urban renewal area k.nown 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 proJects, and WHEREAS, the Town Center IS located ImmedIately adjacent to and adJoms the 38th Avenue COrrIdor Redevelopment Area, and WHEREAS, the AuthOrIty has entered Into a DIsposition and Development Agreement effectIve May l, 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 financmg 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 1 % 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 ellminatJon of blight, redevelop certam commercial areas of the CIty, and afford economic redevelopment for the commumty; and WHEREAS, the Council tinds that SaId Intergovernmental Agreement and the extensIOn of use by the AuthOrIty of thc 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 tS agreed as follows: I 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 tinancIaI 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, ma) be, subject to annual appropriatlOn, made avaIlable for the 38th Avenue COrrIdor proJect. 2 By agreement between the Authority and Cornerstone Group 1, 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 I , \ . . C~p]. . : /? ., ?/jC ".{) J31:;:~, /'4;' V (, iUZ.[C \.../-J' /i&: \C......-q.U- Gretchen Cerveny, Mayor " ) 1('0..; ;3,~j~) (!ha~ ng, City Clerk (:"\"'1' Aw-At ,A...., " Attest:~Z (Iz.rvUZ {k/ vfk.tl1.cti )J~ GED\53027614^'66S6.! 2