HomeMy WebLinkAboutResolution-1983-0837
RESOLUTION NO. 837
Series of 1983-
TI'rLR' A RESOLUTION APPROVING THE INTERGOVERmlENTAL AGREEHENT
BETvlEEN THE Crry OF \'.'HEAT RIDGE AllD THE WHEAT RIDGE
URBAN RENEWAL AUTHORITY TO ACT AS THE AGENT FOR THE
CITY OF WHEAT RIDGE IN CONTRACTING FOR, AND PERFORMING
VARIOUS DUTIES RELATED TO, THE CONSTRUCTION OF A
SERVICE ROAD RELOCATION AT 1-70 AND KIPLING.
WHEREAS, the City of Wheat Ringe and the Wheat Ridge Urban
Renewal Authority have a common interest in the relocation
and proper construction of the 1-70 Service Road south of 1-70
at Kipling Street;
WHEREAS, the location of said relocated service road is
within the area designated by the City Council as the
Ripling Activity Center Urban Renewal Area:
WHEREAS, the City and the Urban Renewal Authority deem it
proper and appropriate for the Urban Renewal Authority to
act as the agent of the City in contracting with, and
working with, the State of Colorado, Department of Highways,
Division of Highways, to accomplish the necessary activities
detailed In said Intergorvernmental Agreement;
WHEREAS, it is in the best interest of the City of Wheat
Ridge to enter into the Intergovernmental Agreement which IS
attached to this Resolution; and
WHEREAS, Section 14.2 of the Home Rule Charter of the City
of Wheat Ridge authorizes the City of Wheat Ridge, by
resolution. to enter into intergovernmental agreements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF \'l"HEAT RIDGE that the Intergovernmental Agreement
between the City of Wheat Ridge and the vlheat Ridge Urban
Renewal Authority which is attached hereto be approved, and
that the Mayor and City Clerk be authorized to sign said
Intergovernmental Agreement.
DONE AND RE~OLVED this e~eventh day of April, 1983.
ATTEST-
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Frank Stites, Mayor
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~anda Sang, city Clerk
4-11-83
INTF.RGOVF:RNr1ENTAL AGREE!1ENT
THIS 1NTF:RGOVERNMENTAL AGREEMF:NT ma~e an~ expcute~ this
II-{' day 01'_ 4trri \
. 1983. by an~ between THE CITY
OF WHEAT RIDGE. a home-rule municipality, locate~ within the
County of Jefferson, State of Colorado, acting by and through
its duly plecte~ City Council (hereinafter referred to as
the "Ci tv") and THE vJHEAT JUDGE URBAN RENE\\TAL AUTHORITY, a
quasi-municipal corporation, existing under and by virtue
of, and possessing the power granted by, the statutes of the
state of Colorado (hereinafter referred to as the "Authority").
WIT N E SSE T H
WHEREAS, the City. by resolution duly adopted, has
established the Authority and vests in the Authority all
powers authorized by C.R.S. 1973. as amended, 31-25-101, et
seg. .
\\THEREAS, the City, acting by and through its duly elected
City Council, did, on January 24, 1983, adopt an Urban Renewal
Plan for an area generally referred to as the "Kipling Activity
Center" within the City of Wheat Ridge, and as defined In
said Urban Renewal Plan;
WHEREAS, the parties have heretofore entered into a
Cooperation Agreement dated March 15, 1982, whereby the City
agreed to provide staff, aid, and financial management and
accounting assistance to the Authority:
WHEREAS, the Urban Renewal Plan for the Kipling Activity
Center contemplates the relocation of the 1-70 South Service
Road as the same enters onto and crosses Kipling Street
within the City of Wheat Ridge (hereinafter referred to as
"Service Road Relocation");
WHEREAS, the relocation of said Service Road shall
require the acquisition of certain properties, either by
purchase, trade, or eminent domain, all of which properties
are within the Urban Renewal area, as defined in said adopted
Plan
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WHEREAS, the City, acting by and through its duly
elected City Council, wishes to contract with the Urban
Renewal Authority to enable the Authority to act as the
agent for the City in the acquisition of any such prop-
erties, whether by purchase, trade, or eminent domain, and
tor the purpose of contracting with the State Department of
Highways, Division ot Highways, State of Colorado, for the
construction of the relocated Service Road
WHEREAS. the parties wish to set forth In full their
aqreement as to the means of accomplishing the purposes
hereinabove set forth.
NOW. THEREFORE. the parties for themselves, their
successors, and assigns, based upon the consideration of the
mutual promises contained herein, do hereby covenant. warrant,
and agree as follows:
1. The City. acting by and through its duly elected
City Council. does herehy appoint as its agent, the Authority
for the purpose of assuming responsibility for acquisition
of property rights necessary to construct, contracting for
the construction of. supervising, and administering con-
struction of, the relocation of the 1-70 South Service Road
on the east and west sides of Kipling, within the City of
Wheat Ridge. Said appointment of agent shall be construed
as a lawful delegation by the City to the Authority or the
rights, powers, and privileges possessed by the City to
purchase, encumber, condemn, trade, or assign property
necessary for such construction; to contract with the State
Department of Highwavs, Division of Highways, State of
Colorado, for the appraisal of property, design and approval
of plans and specifications, and award and acceptance of
payments; and the authority to dispose of any City owned
easements. rights-of-way, streets, or other property
necessary to complete said Service Road Relocation.
~. The parties hereby agree to be bound by the
following financial agreement:
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a. Any contract with the State Department of
Highways, Division of Highways. State of Colorado,
shall specify a City of Wheat Ridge contribution to the
completion of said Service Road Relocation at One
Hundred Twenty-Five Thousand Dollars ($125.000). The
City agrees to transfer funds in the amount of One
Hundred Twenty-Five Thousand Dollars ($125,000) from
its general fund to the account of the Wheat Ridge
Urban Renewal Authority. and the Authority agrees to
utilize said funds as the City's and Authority's
contribution to said Service Road Relocation. The
Authority agrees to reimburse the City in full, at no
interest, by utilizing no less than ninety percent
(90%) of the total funds derived by the Urban Renewal
Authority through tax increment financing, including
one hundred percent (100%) of the property tax
increment included therein.
b. In addition to the One Hundred Twenty-Five
Thousand Dollars (S12S.000) specified in paragraph 2(a)
hereof, the Authority agrees to contract for appraisal,
on a contract form and basis utilized by, and acceptable
to, State Department of Highways. Division of Highways,
State of Colorado, relating to any parcels to the east
and west of Kipling Street necessary to complete the
Service Road relocation.
The amount required for said
appraisal contracts shall be $16200 to 31450. The City
agrees to transfer sufficient funds to satisfy said
appraisal contracts from its general fund to the
account of the Wheat Ridge Urban Renewal Authority, and
the Authority agrees to utilize said funds for the
purpose of paying said contracts. The Authority agrees
to reimburse the City in full, at no interest, by
utilizing no less than ninety percent (90%) of the
total funds derived by the Urban Renewal Authority
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through tax increment financing, including one hundred
percent (100%) of the property tax increment included
therein. Debt payments shall be made no less than once per year.
c. The City has approved an inducement resolution
for the benefit of the Miller Companies to enable said
Hiller Companies to procure industrial revenue
ncvelopment bonns for the construction of a "prime
rate" motel at the southwest corner of the intersection
of Kipling Street and 1-70, which inducement resolution
vias conditioned upon payment of Twenty-Five Thousand
Dollars ($25,000) by Miller Companies, or their
assigns, to the City to aid in said Service Road
R.elocation.
In the event industrial development
revenue bonds are issued by the City, the Twenty-Five
Thousann Dollars ($25,000) herein described shall be
paid to the State in addition to the City's portion of
the contract described in paragraphs 2(a) and 2(b)
hereof.
d. Subject to the prov1s1ons of paragraphs 2(a)
and 2(b) hereof, the City acknowledges that the
Authority may utilize tax increment funds as defined 1n
C.R.S. 1973, as amended, ~31-25-107(9) in any manner so
as to satisfy expenses incurred in fulfilling this
Intergovernmental Agreement.
3. In the event that it should become necessary or
required that the Authority exercise its power of eminent
domain for the purpose of acquiring fee title, easement, or
right-of-way interests as a portion of said Service Road
Relocation, the City agrees to cooperate with the Authority
by entering an appearance as co-plaintiff with the Authority,
and does further authorize the City Attorney to act as the
attorney for the Authority in prosecution of said action in
eminent domain.
4. In the event that any property affected by the
Service R.oad Relocation through vacation by the City or
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state right-of-way, or other action directly resulting from
and relating to the Service Roan Relocation should be deemed
to be properly rezoneo by virtue of City initiated rezoning,
the Authority agrees to act as co-applicant with the City in
said rezoning application and procedure, and the parties do
hereby jointly agree that any properties which, in the
opinion of the Authority, should be properly rezoned because
of said Service Road Relocation shall be the subject of such
jointly initiated action.
This provision is deemed
necessary by the parties to protect the property interests
of those property owners whose property is affected by said
Service Road Relocation and shall not be construed in any
manner as prior approval by either the Wheat Ridge Planning
Commission or the Wheat Ridge City Council of any such
jointly initiated rezoning application.
5. The City does hereby expressly delegate to the
Authority the power and authority to enter into, as agent of
the City, the Contract attached hereto as a portion of the
overall Service Road Relocation contract described in
paragraph 2(a) above.
The Contract attached hereto as
Exhibit A is in a form required by and acceptable to the
state Department of Highways, Division of Highways, State of
Colorado.
THE CITY OF WHEAT RIDGE
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Frank Stites, Mayor
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Wand~Sang, City Clerk 7 '/
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APPROVED AS TO FORM:
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City Attorney /
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THE WHEAT RIDGE URBAN RENEWAL
AUTHORITY
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SECOND DRAFT
3/28/83
CON T R ACT
THIS CONTRACT made this
day of
1983,
by and between the State of Colorado for the use and benefit
of THE WHEAT RIDGE URBAN RENEWAL AUTHORITY, hereinafter referred
to as the "Authority" and
hereinafter referred to as the "Appraiser".
HIT N E S S L T H :
WHEREAS, the Authority has entered into a Contract with
the State of Colorado Dep~rtment of Highways, Division of
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~D~ con2~rC~~lon ef, ~:1C acqu~s~~c~ c~ richts
necessary for the construction of, the relocation of the Service
Road south of 1-70 and east and west of Kipling Street within
the City of Wheat Ridqe, County of Jefferson, State of Colorado; and
Vnl:C~~L,;~_.--: f sz:-.t::' Depc:-~::-.cnt of :-Ii ~:-.~J'.Ta\~- h~_~ ::::U" hovizcc~ the
Authority to enter in~o the withlD Contract for appraisal
services, which Contract lS in substantially the same form
of DOH Form No. =23; unC
WHEREAS, the Authority desires to engage the serVlces of
the Appraiser to determine the value of the right-of-way
parcels
on Project No.
and
WHEREAS, the Appraiser desires to provide his serVlces to
the Authority for such period and upon the terms and conditions
hereinafter set forth; and
HHEREAS, the selection of the Appraiser was made pursuant
to the Procurement Code, Articles 101 to 112 of Title 24,
C.R.S. 1973, as amended, and complies with the implementing
regulations as published in Volume 1 of the Code of Colorado
Regulations, 101-9.
NOW, THEREFORE, it is agreed that:
1. The Appraiser shall personally perform the appraisal
and examlne, confirm, and analyze all sales utilized in making
EXHIBIT 1\
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the appraisals; all calculations, computations, and conclusions
of value shall be the work and responsibility of the Appraiser;
also, the Appraiser is to be considered as just the singular
person above mentioned and not to refer to any partnership,
company, corporation, association, or joint venture of which
the Appraiser may be a member of. It is not intended, however,
to prohibit the Appraiser's use of stenographic or clerical
help in typing the final draft of the basic data and appraisal
reports.
2. The Appraiser shall determine the present fair market
value of each of the parcels involved, together with any improve-
ments located thereon, and the amount of damage and/or benefit,
if any, to the remaining land belonging to the owner thereof.
3. Any increase or decrease in the market value of the
remainder or remainders as a result of the construction or pro-
posed construction of the highway improvement shall be fully
discussed by the Appraiser and documented as completely as
possible. Any decrease in the market value shall be labeled
by the Appraiser as damages and any increase in the market value
shall be labeled by the Appraiser as benefits. The Authority
will determine whether the damages and/or benefits found by
the Appraiser are compensable or are properly considered under
Colorado law.
4. All appraisals shall be made in accordance with good
and accepted appraisal practice, and except as otherwise directed,
on forms furnished to the Appraiser by the Authority. Written
instructions, both of a general nature and for specific use
of the forms, have been or will be issued to the Appraiser,
and such instructions shall be deemed to be minimum specifi-
cations for the work to be done.
5. If the Authority is unable to acquire by negotiation
and purchase any property which the Appraiser has appraised,
the Appraiser shall, upon request of the Authority, give
valuation testimony at trial, pre-trial conferences, or depo-
sitions.
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6. The Appraiser shall have no interest, present or
prospective, in any of the properties to be appraised by the
Appraiser, and the Appraiser shall not accept any employment
to appraise any of the parcels in this project for anyone other
than the Authority.
7. By acceptance of this employment and the terms and
conditions thereof herein contained, the Appraiser warrants
that he/she has not retained any company or person, other than
a bona fide employee working solely for the Appraiser, to solicit
or secure this assignment, and that the Appraiser has not paid
or agreed to pay any company or person other than a bona
fide employee working solely for the Appraiser, any fee,
commission, percentage, brokerage fee, gift, or any other
consideration, contingent upon or resulting from the award of
this assignment to the Appraiser, and that for any breach or
violation of this warranty, the Authority shall have the right
to terminate the employment of the Appraiser without liability.
8. Any information gathered by the Appraiser for use in any
basic data report required hereunder, or any appraisal, whether
the same be partially or fully completed, becomes the sole prop-
erty of the Authority and in case of termination of the Appraiser's
employment for cause prior to completion, the same shall be
delivered to the Authority and payment therefore shall be deter-
mined from the "Schedule of Parcel Costs", attached hereto and
made a part hereof. Under no conditions will the Appraiser
reveal the findings or the results of the appraisals to
anyone other than authorized personnel of the Authority, the
State, or of the Federal Highway Administration, except when
required to do so by due process of law or is released from this
obligation, in writing, by the Authority.
9. It is understood that this project has been given a
priority for early right-of-way acquisition and that, accordingly,
the Appraiser will complete the investigations and make the reports
with due diligence and expedition, recognizing the right of the
Authority to terminate the Appraiser's employment if the Appraiser
dpes not so proceed.
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10. The compensation for the Appraiser's services, except
as provided in Clause 11, shall be $ , which is
in accordance with the "Schedule of Parcel Costs". The Appraiser
agrees to make all necessary investigations, appraisals, and
reports as required hereunder, not later than the day of
,198 Any compensation paid hereunder shall
be in full for all services rendered in performance of this
assignment, including personal expenses incurred by the Appraiser.
Upon completion of the appraisals, an invoice showing the amount
due to the Appraiser will be submitted. Ten percent (10%)
of the agreed compensation shall be withheld from final payment
pending acceptance by the Authority of the work performed.
Request for partial payment may be submitted upon completion
and acceptance of at least fifty percent (50%), (including
completed basic data) of the total assignment.
11. Additional compensation of $ per day for
each full day of court appearances, pre-trial conferences, or
depositions will be allowed hereunder exclusive of compensation
for services set forth in Clause 10. Compensation for parts of
days worked will be paid at the daily rate, pro-rated to an
eight-hour day. The Appraiser is required to bill the State
of Colorado Department of Highways for such services on the
standard invoice form, showing thereon the days or hours worked,
and the type of work performed. Such bills will be subject to
the State of Colorado Department of Highways' audit before
allowance or payment.
12. The duly authorized officials of the Authority shall
be the sole judge of the acceptability of the work performed by
the Appraiser hereunder, and the sufficiency of the supporting
data the Appraiser submits therefor. If, at the sole discretion
of the Authority, conferences with the Appraiser are necessary
or desirable to explain or correct work that has been done,
the Appraiser shall make no additional charge for time, either
for personal attendance at such conference, or for making the
required explanations or corrections. No additional charge
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shall be made for supplemental information or for supporting
data which the Authority determines should have been included In
the basic data report and/or the initial appraisal. Furthermore,
no charges shall be made by the Appraiser for re-inspection of
market data already compiled and evaluated, or re-analysis
of such data to prepare for court testimony, unless requested to
do so by the Authority. If requested by the Authority, the
rates paid to the Appraiser will be paid in accordance with
Clause 15.
13. The Authority shall furnish to the Appraiser the follow-
ing information, which will be considered minimum aids in the
performance of the Appraiser's work:
a. Memorandum of Ownerships;
b. Right-of-Way Plans;
c. Zoning Information.
14. Delay by the Authority in providing any of the above,
or in lieu thereof, information, data or engineering details
substantially equivalent, shall not be charged against the
Appraiser as time elapsed, but shall extend the terminal date
hereunder day for day.
15. In the event the Authority shall requlre changes in the
scope, character, or complexity of the work to be performed,
by the Appraiser which may decrease the work and compensation
therefor, as required hereunder, the terms and conditions
hereof may be modified by deletion of specific items contained
in the "Schedule of Parcel Costs". It is further understood
that in the event of any change in the scope, character, or
complexity of the work to be performed by the Appraiser which
may increase the work and compensation therefor, the terms and
conditions hereof may be modified by re-negotiation and mutual
acceptance of adjustments, either in the basis for payment or
time for performance, or both. Any such modification shall be
by supplemental agreement in writing.
16. Execution of an Affidavit of Appraiser is required
on all appraisals made and submitted by the Appraiser whether
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the same be made on the Authority's standard forms, or In narra-
tive format acceptable to the Authority.
17. The Appraiser is expressly forbidden to assign any part
of the work required hereunder or to trigger any obligations to
another by subcontract, or otherwise except as approved in
writing by the Authority. All reports made by other than the
Appraiser, shall be signed by the person making such reports,
and the same shall be incorporated in the appraisal.
18. The Appraiser shall comply with the Regulations of
the Department of Transportation relative to non-discrimination
in Federally assisted programs of the Department of Transportation
(Title 49, Code of Federal Regulations, Part 21) which are herein
incorporated by reference and made a part of this Contract.
19. The Appraiser, as an independent contractor, its
agents or employees, will receive no benefits directly or
indirectly that accrue to the Authority's employees, in the
performance of this agreement.
20. The Special Provisions attached hereto are hereby
made a part of this agreement.
IN WITNESS WHEREOF, the parties hereto have caused the
foregoing agreement to be executed the day and year first
above written.
THE WHEAT RIDGE URBAN RENEWAL
AUTHORITY
By
Appraiser
By
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