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HomeMy WebLinkAboutResolution 2012-0033CITY OF WHEAT RIDGE , COLORADO RESOLUTION NO. 33 Series of 2012 TITLE: A RESOLU TI ON AUTHORIZING THE EXECUT ION OF AN AGREEM ENT WITH KING SOOPERS , INC . FOR PARTICIPATION IN THE ENHANC ED SALES TAX INCENTIVE PROGRAM (ESTIP) IN AN AMOUNT NOT TO EXCEED $300 ,000 FOR THE REMODE L OF T HEIR STORE LOCATED AT 38 17 SHERIDAN BOULEVARD W HEREAS , the City has adopted as a portion of the Wheat Ridge Code of Laws ("Code") Chapter 22 , Division 4 , "Enhanced Sales Tax Incentive P rog ram " (the Program) to encourage , in part, continued development and expansion of opportunities for employment i n the private sector in the City; and WHEREAS , King Sooper (Kings) has applied to participate in the Program and a public hearing was posted and conducted ; and WHEREAS , Kings is the owner and operator of leased space and improvements thereon within the City and known as the "Owner," and is the operator of a grocery store serving res idents of Wheat Ridge and surround i ng communities ; WHEREAS , Owner p lans to const ruct public improvements of approximately $400,000 and a total project budget of approximately $5 .8 million ; and WHEREAS , the project reta i ns necessary ne ighborhood services and brings revenue to the City from su rrounding com m unities-a true definition of econom ic development; and WHEREAS ; the project retains 50 plus full-time and 100 plus part-ti me jobs within the center, and WHEREAS ; the proj ect creates new revenue through increased permit fees and use tax on furniture , fixtures and equipment; WHEREAS; the project spurs reinvestment and remodeling of the entire exist ing center on this signature corridor, thus enhancing and preserving its economic viability in the City; and WHEREAS ; the project extends the lease and Ki ng 's commitment to this shopping center and the City of Wheat Ridge to 2033; and WH EREAS , cost-sharing at the rate prescribed herein will serve to aid the expansion of Owner i n that it will alleviate a portion of the costs associated with the expa n sion . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: Agrees to execute an Agreement Pursuant to Enhanced Sales Tax Incentive Program wherein an amount not to exceed $300 ,000 of enhanced sales tax will be rebated to Dillon Companies , Inc., a Kansas Corporation dba King Soopers. ATIEST: AGREEMENT Pl'RSUANT TO ENHANCED SALES TAX I NCENTI VE PROGRAM This Agreement Pursuant To Enhanced Sales Tax In centive Program (this "Agreement") is made and entered in to as of the 25 1h day of June, 2012, by and between Dillon Companies. In c., a Kansas Corporation (dba King Soopers). for th e store located at 38 17 Sheridan Blvd in th e City of Wheat Ridge, Colo rad o, he reinafter referred to as the .. Owner" and the CTTY OF WHEAT RID GE, COLOR ADO, h ereinafter referred to as the ·'City," co ll ectively the ''Parties," and each individually, as a "Party." RECITALS : Whereas, the City has adopted C hapter 22, Article 69 -84 of the Wheat Ridge Code of Laws, entitled the Enhanced Sales Tax In centi ve Program (the "ESTIP Program "), a copy of which is attached hereto as Exhibit A , to encourage. in part, the estab li shment of retail sa les tax generating businesses within th e City; and \Vhereas, the Owner desires to participate in the ESTIP Program a nd to share in the en hanced sales tax derived from the property d escribed as a G rocery Store. generaUy located at 3817 S heridan Bo ulevard in Wheat Ridge, Colo rado and more particularl y described in Exhibit B. attached hereto and incorporated by this reference (th e "Property"). for the installation of Public Improvements described in Exhibit C , attached hereto and incorporated by this r eference (the "Public Improvements") to the extent a ll owed by this Agreement and the ESTIP Program. NOW. T HE REFO RE, in consideration of the fo regoing premises and the covenants, promises, and agreem en ts of each of the Parties hereto, to b e kept and prefom1ed by each of them, th e Pruti es agree as follows: l. Recitals . The Re citals set fo1th above arc in corporated in this Agreement by reference. 2. Term. The tenn of thi s Agreement s hall commence o n the first day of the calenda r month following the month in which the Owner receives their Certificate of Occupancy on the Property o r June 30, 2013 whichever s ha ll occur first (the "Commencemen t Date") and shall te rminate on the one (I) year anniversary date of th e Comm encement Date, unless otherwise provided in th is Agreemen t (the "Tenn ''). The Term may be renewed by up to SIX (6) one (I) year periods (the "Extended Term"). The Term of this Agreement shaJJ automatically renew for each additional one year period to the ex tent requi red by Section 4(d) hereof. 3. Application of City Code. This Agreement is subject to the limitations of the EST IP Program, as found in the City of Wheat Ridge Code of Laws. ln the event of confli cts between thi s Agreement and the ESTJP Program, the ESTJP Program s hall contro l. 4. Qu a lifica tion of Prope rtv for th e EST IP Pro gr am. The City agrees that the Property qualifies for the ESTIP Program and the Pub lic Improvements are improvements for public and/or pub lic related purposes that will stimulate the economy of and within the City, provide employment opportunities for residents of this City and others, expand the goods available for purchase and consumption by residents of the City. and increase sales taxes collected by the City. The City finds the business is reasonably likely to generate enhanced sales taxes of at least One Hundred Eighty-Nine Thousand dollars ($189,000) over the full term of this Agreement. The following provisions shall apply for each year in which the ESTT P Program is in effect for the Property: a. One Hundred percent (I 00%) of the "Enhanced Sales Taxes" collected by the City and derived from the Property shall be segregated by the City to be utilized for the ESTIP P rogram herein establ ished and approved (the "Allocated Revenues"). For purposes of this Agreement "Enhanced Sales Taxes'' shall have the meaning set forth in the ESTIP Program at Section 22-75 of the Wheat Ridge Code of Laws. b. The amount of Enhanced Sales Taxes shall be calculated as follows: the actual amount of sales taxes collected on the Property during the period July I. 20 I 1 to June 30, 2012 (the ''base amount"). shall be subtracted from the actuaJ amount of sales taxes collected annually commencing after: (i) the first day of the calendar month following the month in which the Owner receives their certificate of occupancy on the Property, or (ii) June 30, 2013, whichever occurs first. The excess of co ll ect ions in each such year above the base amount shaJI be the Enhanced Sales Taxes for that year. c. The Owner shall share in the Enhanced Sales Taxes derived from the Property and the business located thereon as provided herein. d. Enhanced Sales Taxes from the Property shall be shared and U1e Allocated Revenues shall be disbursed to the Owner on an annual bas is with sales taxes collected on and after the Commencement Date. The maximum period of time that this Agreement shaJI be in effect shall be the earlier of: (i) SEVEN (7) years, commencing on the Commencement Date, or (ii) until the sum of THREE HUNDRED THOUSAND Dollars ($300,000.00) in Enhanced Sales Taxes (the "Maximum Amount") has been paid to Owner for reimbursement for such improvements, whichever occurs first. at which time this Agreement shall terminate. It is expressly understood by the Parties that this Agreement will terminate upon the occurrence of the earlier to be reached of the maximum time as provided in the preceding sentence (whether or not the Maximum Amount has been reached) or the disbursement of the Maximum Amount as provided in the preceding sentence (whether or not the max imum time set forth has expired). 2 Notwithstanding the foregoing, the Tenn will be automatica ll y extended for one year for up to six (6) additional one (I) year pe1iods ifthe Maximum Amount has not been disbursed during the Extended Tenn because the City Council has not appropriated the funds as provided in Paragraph 5 of this Agreement. e. This Agreement is a personal agreement between the City and the Owner and does not run with the Owner's property interest in the land. The ob li gations, benefits and/or the provisions of t lli s Agreement may not be assigned in whole or in part without the express authorization of the City Council. acting in lts so le and exclusive discretion and no third party shall be entitled to rely upon or enforce any provisions hereon. Notwithstanding the foregoing, Owner may assign its interests in this Agreement to an affiliate or to a successor by consolidation. For the purposes of this Paragraph, an affi li ate means an en tity which controls, is controlled by, or is under common control with the Owner. This Agreement shall never constitute a debt or obligation of the City within any constitutional or statutory provision. f. Any Enhanced Sales Taxes subject to the Agreement shall be escrowed in the event there is a legal challenge to the ESTIP Program or to the approval of this Agreement. g. At the end of the Tenn of this Agreement as provided for herein, any monies segregated by the C ity which have not been expended as heretmder provided may be transferred to another account of the City or used in a manner determined by the City in its sole discretion, excluding any amounts escrowed under Paragraph 4.fabove. h. From the Enhanced Sales Tax proceeds segregated by the City, the City shall pay to the Owner the actual cost incurred by the Owner for the construction and installation of the Public Improvements beginning at the time that all of the Public Improvements are substantiaiJy completed, but not to exceed the Maximwn Amount defined in Paragraph 4.d above and set forth in Exhibit C. 1. In order to obtain reimbursement for such actual costs, the Owner shall submit invoices to the City after the Effective Date of this Agreement, the payment of which sha11 be subject to the City's approval for compliance of the expenditures with this Agreement and the ESTIP Program and the availability of Allocated Revenues. Each invoice presented to the City by the Owner shall be accompanied by an affidavit or other supporting documentation from the general contractor stating: 1. that said improvements have been substantially completed pursuant to plans and specifications approved by the City through the issuance of pennits and site plan approvals by the City in the ordinary course: and 11. that the Owner has paid the full amount specified on the invoice. 3 J. TI1e Owner shall be deemed the "owner or proprietor'' of the Property for the purposes of this Agreement and the ESTIP Program, whether or not the Owner owns all or any portion of the Property at any relevant time, since the Owner is coordinating the installation of the Public Improvements. 5. C ity's Bud2et Process. Each year, the City Manager shall include in a budget presented to the City Council pursuant to Chapter X, Sec. I 0.2 of the Wheat Ridge Home Rule City Charter, the appropriation of the Allocated Revenues for payment to the Owner as provided in this Agreemen t. Nothing in this Agreement shall be construed as obligating the City Council to appropriate the Allocated Revenues in any fiscal year. 6. No De b t or Pccunia rv Lia bili ty. Notw ithstanding anything in the Agreement to the contrary, the Agreement is specifically subject to annual appropriation of sufficient funds to pay the Allocated Revenue as provided in the ESTl P Program. No multiple year fiscal ob ligation is created hereby. The decision of the City Council not to appropriate funds in any given year shall not affect, impair or invalidate any of the remaining provisi o ns of this Agreement. None of the ob ligations of the City hereunder shall be payable from any source other than Enhanced Sales Taxes. 7. S ubordina tion . Notwithstanding anythjng in this Agreement to the contrary, the Owner shal l have no right. claim , lien , or priority, in or to the City's sales tax revenue that would be s uperi or to or on parit y with the rights, claims, or liens of tl1e holders of any sales tax revenue tl1at would be bonds, notes, certificates, or debentures paya ble from or s ecured by any sales taxes, outstanding as of the Effective Date of tltis Agreement. All rights of the Owner are , and at all time s ha ll be, s ubordinate and inferior to the 1ight s, claims and liens of the holders of any and all such s ales tax revenue bonds, notes, certificates, o r debentures, issued by the City and payable from o r secured by any s ales taxes. 8 . N o C ovenant to C onst.-uct or t o Open . The in tent of this Agreement is to provide tor Owner's participation in the ESTI P Program. in the event that Owner constructs the Public Improvements or to operate the same once completed or otherwise. Notwithstanding any prov ision in thi s Agreement to the contrary, Owner shall have no obligation under this Agreement to construct the Public Improvements, and in that event, the City shall have no obligation to s hare any of the Enhanced Sales taxes with Owner. 9. R e medies. The Owner wajves any constitutional claims aga inst the City arising o ut of a breach of this Agreement. The Owner's remedies against the City under till s Agreement are limited to breach of contract claims. In no event shall the Owner be entitled to a claim, no r shall the City be liable for , any special, exemplary, purutive or consequential damages of any kind , including economic damages or lost profits. 4 10. Severability. It is understood and agreed by the Parties that if any part, tenn or provision of this At,rreement is held by the courts to be illegal or in conflict with any law of the State of Colorado, the va lidity of the remaining portions or provisions shall not be affected. the rights and obligations of the Parti es shall be construed and enforced as if the Agreement did not contain the particular part, tenn or provision held to be invalid, and the Parties sha ll cooperate to cure any legal defects in the Agreement or the ESTIP. Should the allocation of the Enhanced Sales Tax, or the p ayment of the Allocated Revenu es be judicially adjudged j]JegaL in valid or unenforceable under the present or future laws effective during the Tenn of thi s Agreement by a court of competent jurisdiction in a final , non-appealable judgment, the Parties shal l utilize their best. good faith efforts to restructure this Agreement or enter into a new agreement consi s tent with the purposes of this Agreement. Should the Parties be unsuccessful in their effoits, the Agreement shall terminate without penalty or recourse to the City. 11. Governing Law. The laws of the State of Colorado shall govern the validity, perforn1ance and enforcement of this Agreement. Should eith er Party in s titute legal suit or action for enforcement of any obligation conta ined herein, it is agreed that venue of s uch suit or action sha ll be proper and exclusive in the district court for Jefferson County. Colorado. 12 . Notices. All notices required or pennitted under thi s Agreement shall be in writing and s hall be hand delivered or sent by certified mail, return receipt reques ted, postage prepaid. to be addressed to the Parties set forth below. All notices so given s hall be considered effective upo n the earlier of th e actual receipt or sevent y-two (72) hours after deposit in the United States Mail with the proper address. Eitl1er Pru1y by notice so gjven may change the address to which future notices sha ll be sent: Notice to tl1e City: Copy to: Notice to the Owner: City Manager City of Wheat Ridge 7500 W. 29th Avenue Wheat Rjdge, CO 80033 City Attorney City of Wheat Ridge 7500 W. 29th A ven ue Wheat Ridge, CO 80033 Dillon Companies, Inc. dba King Soopers Attention: Real Estate Department 65 Tejon Street Denver, CO 80223 5 ATTEST: State of Colorado ) ) ss. County of Jefferson ) CITY Name: Je Title: Mayor The foregoing Agreement was acknowledged before me this ~:fa-day of ~ , 20-12:. by Jen-y DiTullio as Mayor and Janelle Shaver as City Clerk respectively, of the City of Wheat Ridge. Colorado. WITNESS MY HAND ANJ? pFFJCAL SEAL. My Commission expires: "Yz!Z / 2C\'-\ , Ccv Notary Publjc 7 EX HIBI T A Ordi nance 200 I -08 The Enhanced Sales Tax In cent ive Pro1:,rram (The "EST IP Progran1") Sec. 22-73.-Progr am establ ished. There is hereby established~ ithin the city an enhanced sales tax mcentive program. fOrti \'o 198.~ 758, .~ /(]4-1). 5-21-88; Ort l . Vo 12i2. ,, I ./:! Y-02) Sec. 22-74. -Pu rpose. The purpose of the enhanced sales tax incentive program created by this division is to encourage the establishment and/or substanual expansion of retail sa les tax generating busmesses wtthin the ct ty. thereby st imulating the economy of and within the city, thereby providing employment for residents of t he city and others. thereby further expanding the goods available for purchase and consumption by residents of the city. and further increasing the sales taxes collected by the city, which increa sed sales tax collections will enable the city to provide expanded and improved municipal services to and for th e benefit of the residents of the ci ty. while at the same time providing public or public-related improvements at no cost, or at deferred cost. to the city and its taxpayers and residents. rOn/ \'t• /<J.\.'\-758. ·'' 1 tJ.J -JJ. 5-J3-S8; On/. No I 1"':! .~ I . I 2-9-0]J Sec. 22-75. -Definitions. The following words, tenns and phrases , when used in thi s divi sion , sha ll have the meanin gs ascribed to them in this sect ion, except where the context clearly indicates a different meaning: Enhanced sales lax shall mean the amount of sales tax collected by the city over and above a base amount negotiated by. and agreed upon by. the applicant and the city. and which amou nt is approved by the city council, which base amount shal l never be lower than the amount of sales taxes collected by the city at the propcny in question in the previous twelve ( 12) month s plus a reasonable and agreed upon percentage of anticipated increase in sales taxes. or. in the case of a newly established business. an amount which represents the good faith determination by the applicant and the city as to the amount of sales taxes which could be generated from the new business without the participation b> applicant in the ESTlP c reated under this division. ESTJP means the enhanced sales tax incentive program created under this division. 011'11er or proprietor shall mean the record owner or operator of an individual business, or. in the case of a shopping center, the owner of the real property upon which more than one (I) business is operated. provided that the owner (whether an individual, corporation, partnership or other entity) is the owner or less or of the individual businesses operated thereon. rOn/. No ICJS8-758 .. '' /(:!-J-3) 5-23-\.\ On/ . .Vo. 12i2. _,,I /.! Y-fi]J Sec. 22-76. -Participation. Participation in ESTIP shall be based upon approval by the city council exercising its legislative discretion in good faith. Any owner or proprietor of a newly established or proposed retail sa les tax generating business or location, or the owner or proprietor of an existi ng retail sales tax generating business or location which wishes to expand substantially. may apply to the city for inclusion within the ESTIP provided that the new or expanded business is reasonably likel y to generate enhanced sales taxes of at least five thousand dollars ($5.000.00) in the first year of operation. fOrd 1\'o /()8\ "'58.,,,· J(24-4J. 5-23-8,\, Ore/. 1\'o. 1990-854. :f I, 11-.!f>-C)(} Ore/ No IF2. -~I. 12-Y-02) Sec. 22-77.-Approva l of agreement; use of funds gen erally. Approval by the city council of an agreement implementing this ESTIP shall entitle the successful applicant t o share m enJ1anced sales taxes derived from applicant's property or business in an amount wluch shall not in any e' ent exceed the enhanced sales tax es; provided , however. that applicant may use such amounts only for public and/or public-related purposes such as those spec1fied herein and which arc expressly approved by the ci ty council at the time of consideration of the application. The time period in which the enhanced sales taxes may be shared s hall not commence until all public or public-related improvemems are completed, and shall be limited by the city council, in its discretion, to a specified tin1e , o r until a specitied amount is reached. tOre/ No /<J ,\S-758. ,~ lf24-5J. 5-13-88; On/. No . 2002-INO. §I. 1-l\ 02 On/ .. \'o. /]7], ~,·,, 11-IJ-02) Sec. 22-78.-u~cs enumerated. The uses to which the shared enhanced sales taxes may be put by an applicant shall be s tric tl y limited to those which are public or public-related in nature. For the purposes of this division, public or public-related purposes shall mean public impro\ements, including but not limited to streets, sidewalks, curbs, guuers. pedestrian malls. street lights. drainage facilities. landscaping. decorative structures, statuaries. fountains. identification signs. traffic safety devices. bicycle paths, off-street parking facilities. benches. restrooms , infonnation booths. public meetmg facilities , and all necessary, incidental, and appurtenant structures and improvements. together with the 9 rclocatton and unprovcment of existing utility lines. and any other improvements of a similar nature which are specifically approved by the city council upon the city council's finding that said improvement are public or public-related impro,ements, and that such improvements shall enhance the competitive position of the applicam within the Denver metropolitan area marketplace. tOni. A'o. /Y8,\-'58. ,~ lfJ 4-6J. 5-13-88. On/ No . I ~72 . ,,~·I. 12-9-02; Sec. 22-79.-Increments, sharing of funds. The base figure for sales taxes shall be divided imo twelve (I 2) monthly increments, which increments are subject to agreement between the parties. and approval by the city council, and which increments shall be reasonably related to the average monthly performance of the business or propeny in question, or similar bu sinesses in the area (i .e. adjust for seasonal variations). If in any month th e agreed upon figure is not met by applicant so as to c reate enhanced sales tax for that month. no funds sha ll be shared with applicant lor that month, and no increment shall be shared until that deficit, and any other cumulative deficit. has been met. so that at the end of any tweh e-month cycle. funds in excess of those enhanced sales taxes at,treed to be shared shall not have been shared with any applicant. rOr.t. ;\'o. /1)88-758. _,, /(14-IJ. 5-23-88: 01'LI . J\'o . 117:!, ·' I. 11-<J-O]J Sec. 22-80. -Revenues restricted. It is an overriding consideration and determination of the city council that existing sources of city sales tax revenues shall not be used. impaired. or otherwise affected by this enhanced sales tax incentive program. Therefore, it is hereby conclusively detennincd that only enhanced sales taxes generated by the properties described in an application shall be subject to division under this ESTLP. ll shall be U1e aftirmative duty of the treasurer to collect and hold all such enhanced sa le s taxes in a separate account apart from the sales ta.xes generated by and collected from the other sales tax generating uses and businesses within the city and to provide a n accounting system which accomplishes the ovenicting purpose of this section. It is conclusively stat ed by the city council that this division would not be adopted or implemented but for the pro\ is ions of this section. (On/ \'o 198S-7 j,\ ~' /( 2 4-<\J. 5-23-ll/\ Ore/ .\'o. 12 72 . ,,~ I . 12-9-0!) Sec. 22-81.-Capital improvement fund. The one (I) percent of sales and use taxes earmarked for the capital improvement fund may be utilized in this ESTIP for public improvements so long as the same are within the meaning of the phrase capital improvements as defined in the voter app roved sales tax referendum previously held within the city, and provided thai the same are found and detennined by the city council to be capital improvements which could be 10 provided by the city from tJ1e capital improvement fund but for tJ1e provision of such improvements by the applicant ; provided , however, that such use of capital improvement funds as pan of this ESTIP shall be limited to the amotmt agreed pursuant to section 22- 83 hereof: provided further, however. that noth.i11g contained herein shaJI Limit the city council in the determination to appropriate additional capital improvement funds for cap.ital improvements affecting the property in question as a part of the city's regular appropriation and budget process. (0rd. 1\.'o. /9H(o(-751:1, .~ /(l-1 -Y), 5-23-811: Ord ;\'o. 1272 .. ~I. 11-9-01) Sec. 22-82.-Crite.-ia fo r appr ova l of a p p li cation. Approval of an application for inclusion in this ESTIP shall be given by the city council, at a public hearing held as a portion of a regular ly scheduled city cow1cil meeting, based upon the following criteria: (I) (2) (3) (4) (5) (6) The amount of enhanced sales taxes which are reasonably to be anticipated to be derived by the city through the expanded or new retail sales tax generating business; The public benefits which are provided by the applicant Lhrough pub l ic works, public improvements, additional employment for city residents, etc: The amount of expenditures which may be deferred by the city based upon public improvements to be completed by the applicant; The conformance of the applicant's property or project witb tbe comprehensive plan and zoning ordinances of the city: The agreement required by section 22-83 having been reached, which agreement shall contain and conform to all requirements of section 22-83 Approval shall be by motion adopted by a majority of the entire city council . tOI'(/ .\o J9,'iX-75X. ~ lf24-/IJ). 5-23·8b. Ore/. J\'o . 1171. ·'' /, 12-9-02) Sec. 22 -83. -Agreement requ ired. Each application for approval submitted to the ciry council shall be subject to approval by the council solely on its own merits. Approval of an application shall require II that an agreement be executed by the owner and the city, which agreement sha ll. at a minimum, contain: (I) (2) (3) (4) (5) (6) (7) (8) A list of those public or public-related improvements which justify applicant's approval. and the amount which shall be spent on such improvements; The maximum amount of enhanced sales taxes to be shared, and the maximum time during which the agreement sha lJ continue, it being expressly understood that any such agreement shall expire and be of no further force and effect upon the occurrence of the earlier to be reached of the maximum time of the agreement (whether or not the maximum amount to be shared has been reached) or the maximum amount to be shared (whether or not the maxin1um time set forth has expired): A statement that this is a personal agreement which is not transferable and which does not run with the land; That this agreement shall never constitute a debt or obligation of the city within any constitutional o r statutory provisio~ The base amount which is agreed upon by month. and the fact that if, in any month as specified. sales taxes received from the property do not at least equal such amount, that there shall be no sharing of funds for such month: The base amount shall be agreed upon which shall consider the historic level of sales at the property in question, or a similar property within the area in the event of a new business. and a reasonable allowance for increased sales due to the improvements and upgrades completed as a result of inclusion within this program; A provision that any enhanced sales taxes subject to sharing shall be escrowed in the event there is a legal challenge to this enhanced sales tax incentive program or the approval of any application therefor; An affm11ative statement that the obligations, benefits, and/or provisions of this agreement may not be assigned in whole or in any part without the 12 (9) expressed authorization of the city council. and further that no third party shall be entllled to rely upon or enforce any provision hereof; Any other pro,·isJOns agreed upon by the part1es and approved by the city council. t Or./ \'o /9A.\-"''i 8 ~ !(2"-1 1J 5-23-Ml On /.No./27:!,§1. 12-Y-02) Sec. 22 -84.-J oi nt ven tur e; li a bility. The city council has enacted tllis ESTJP as a joint benefit to the public at large and to private owners for the purposes of providing the city with increased sales tax revenues generated upon and by properties improved as a resu lt of Li tis p rogram; pub l ic improvements being completed by private owners through no deb t obligation being incurred on t he part of the city, and allowing applican ts a n opportunity to improve properties which generate sales activities. which improvements make those propert ies more compeutive in the marketplace and further provide to the applicant additional contmgent sources of revenues for upgrading such properties. The city council specifically finds and determines that creation of this ESTIP is consistent wi t h the city's powers as a home rule municipal corporation. and that exercise of such powers in Lhe manner set forth herein is in furtherance of the public health, safety and welfare. Notwithstanding any provision hereof, the city shall never be a joint venture in any private entity or activity which participates in this ESTI P. and the city shaJI never be liable or responsible for any debt or obligation of any participant in ESTrP . rOn/. No . 1988-758. § 10"·11). 5-23-M': Ore/ No . 12 i 2 . .{1. 12-Y-02 ) 13 EXHffiiTB Legal Descripti o n of the Property KING SOOPERS PROJECT LIMITS ~ N : • •• -- 0 10 80 ~ 1.01( IllS ElliiOO 00£S 'lUI PlPROO.'T A ~ t.'(>lll:r 9 ~<['\' " IS tll!)o!l(t (NLY 10 O(I'ICI rH[ .OA{.H(D ~{!,(lll·lHJ~ LEGAL DESCRIPTION A PARCa OF I.AAD LDCATID IN l}£ ~ OF SECTION 24, TJS, R69W, OF 1liE 61li PRINQPL£ MERI!XAN , CITY OF MiEAT RIDGE. COUNTY OF JEFFERSON, STATE OF COI.DRAOO OESCRIB£.0 AS FOllOWS: BEGINNING AT ll£ SE CORNER OF SAlO SECTlON 24 Tl£NCE N 89' 59'58 " W ALONG THE 50Urn LINE OF SAl> SEcnON 2-f A DISTANCE OF 122.25 FEET; THENCE N 00' 00' 02" W A DISTANCE OF 276.07 F'E£T TO THE POINT OF BEGINN~G ll£NCE 1l£ FCUOWING FOUR COURSfS: 1) N8!T 59' 58"W A DISTANCE OF 350 .21 F'EET; 2) NOCT 00' 02"W A DISTANCE Of 223 .39 F'EET; 3) S89' 59 ' 58"E A DISTANCE OF 350.21 F'EET; 4) SOCT 00' 02"E A DISTANCE Of 223.39 F'E£T TO Tl£ POINT OF Ef:GINNING ; SAID PARCEl OF W«> CONTAINS 78,233 SQUARE FEET t.IORE OR LESS <!aJlc?~y AOOIIIC......._..-teO -'111101. 0010111 ~0 -~· ............ .,.~ 14 KING SOOPEAS EXHIBIT 8 38TH AND SHERIDAN WHEAT RIDGE CO EXH IBIT C Qualifying Public Improvement Costs Owner public improvements are designed to provide a greater product selection to benefit the community as well as exterior improvements to enhance the property. The rem odel includes new paint. decorative columns, additional ~ntrances, re sulting in a pedestrian mall feel, and a new and refresh sto re fascia on th e building. Additionally the Owner plans to add a Starbucks with outdoor patio seating, which provides customers a neighborhood gathering place within the Ci ty. Owner believes that the public impro vement upgrades to this specific stor e will better se rve the exist ing loyal c ustomer base in the Wheat Ridge area, attract and entice new shoppers to this sto re and the shopp ing cen ter , and provide public benefit to the comm unit y. The contribution of $300,000 from the City will aid in the in vestment of over $2.1 million in building improvements. These improvements arc projected to be complete by June 30. 2013. With th e public improvements. the Owner estimates that they can maintain their loyal customer base as well as add to that customer base in subsequent years, bringing new revenue to the City and sustaining the economic viability of the si te . 15