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A RESOLUTION

AUTHORIZING A COOPERATION AGREEMENT WITH THE LAKEWOOD REINVESTMENT AUTHORITY FOR ADMINISTRATIVE SERVICES.

WHEREAS, the City of Lakewood (the "City") has established the Lakewood Reinvestment Authority (the "LRA") as an urban renewal authority pursuant to the City's Charter and the Colorado Urban Renewal Law; and

WHEREAS, the Colorado Urban Renewal Law, and the Colorado Constitution, authorize the City and the LRA to enter into cooperative agreements; and

WHEREAS, the LRA has no employees and desires to utilize a portion of the time of certain employees of the City and the City is willing to allow such employees to devote a portion of their time to work on projects of the LRA, the cost of such employees to be reimbursed by the LRA to the City; and

WHEREAS, the LRA desires to obtain an advance from the City of funding for staffing, consultants and other costs until the urban renewal projects begin to produce incremental sales taxes and the City is willing to advance such funding to the LRA, which funding will constitute an obligation of the LRA; and

WHEREAS, there has been presented to the Board of Directors of the LRA, in substantially final form, a Cooperation Agreement between the City of Lakewood, Colorado and Lakewood Reinvestment Authority for Administrative Services.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakewood, Colorado, that:

SECTION 1. The City Council of the City of Lakewood hereby approves the execution and delivery of a Cooperation Agreement between the City of Lakewood, Colorado and Lakewood Reinvestment Authority for Administrative Services.

SECTION 2. The Mayor and City Clerk are hereby authorized and directed to affix their signatures on this Resolution as evidence of the approval and adoption of the same by the City Council.

INTRODUCED, READ AND ADOPTED by a vote of _____For and ___Against at a regular meeting of the City Council on June 24, 2002, at 7 o'clock p.m. at Lakewood Civic Center, 480 South Allison Parkway, Lakewood, Colorado.

Stephen A. Burkholder, Mayor

ATTEST:

Margy Greer, City Clerk

COOPERATION AGREEMENT
BETWEEN
CITY OF LAKEWOOD, COLORADO
AND
LAKEWOOD REINVESTMENT AUTHORITY
FOR
ADMINISTRATIVE SERVICES

THIS COOPERATION AGREEMENT ("Cooperation Agreement") dated as of the 24th day of June, 2002, is entered into by and between the City of Lakewood, Colorado (the "City"), a home rule city and municipal corporation of the State of Colorado, and the Lakewood Reinvestment Authority (the "LRA") a body corporate duly organized and existing as an urban renewal authority under the laws of the State of Colorado and the Charter of the City.

WITNESSETH:

WHEREAS, the City is a home rule city and municipal corporation duly organized and existing under and pursuant to Article XX of the Colorado Constitution and the Charter of the City (the "Charter"); and
WHEREAS, the LRA is a body corporate and has been duly organized, established and authorized by the City to transact business and exercise its powers as an urban renewal authority, all under and pursuant to the Charter and the Colorado Urban Renewal Law, section 31?25?101, et seq., Colorado Revised Statutes (the "Act"); and
WHEREAS, the LRA currently has no employees and desires to utilize a portion of the time of certain employees of the City and the City is willing to allow such employees to devote a portion of their time to work on projects of the LRA, the cost for such employees to be reimbursed by the LRA to the City as an obligation of the LRA; and
WHEREAS, the Act and Section 18, Article XIV of the Colorado Constitution, authorize the City and the LRA to enter into cooperative agreements, such as this Cooperation Agreement.
NOW, THEREFORE, in consideration of the foregoing recitals, and the following terms and conditions, LRA and the City hereby agree as follows:
1.0 USE OF CITY EMPLOYEES.

1.1. The City hereby authorizes the LRA to utilize the services of City employees to assist the LRA in work related to urban renewal projects in the City. The specific employees and the amount of time devoted to the projects shall be as directed by the City Manager of the City and the Executive Director of the LRA, or their designee. The LRA shall reimburse the City for the applicable percentage of each such employees' wages or salary and benefits. The use of such employees by the LRA and the proportionate cost of their services shall be deemed an advance by the City and an obligation of the LRA, which shall be paid each year by the LRA to the City.

1.2. The City shall retain the right to establish the employees' wages or salary and benefits, and the right to discharge, reassign, or hire employees to perform the services required by the LRA. Except for the time devoted to the LRA activities, which shall be under the direction or control of the Executive Director of the LRA, the City Manager retains the right to direct and control the employees. The City, as the employer, has the responsibility for payment of salary or wages to the employee, and for reporting, withholding, and paying any applicable taxes with respect to the employees' wages or salary and payment of City sponsored employee benefit plans and payment of unemployment compensation insurance as may be required. The City also retains the right to provide for the welfare and benefit of employees through such programs as professional training. The LRA shall not have any responsibility for the payment or reporting of remuneration paid to the City's employees, all of such responsibilities being the obligation of the City. The City intends to retain the right to maintain the employment relationship between the City and its employees on a long term, and not a temporary basis.

1.3. In the event of any employment related issues with employees assigned to work with the LRA, the Executive Director of the LRA shall report such concerns or issues promptly to the City Manager of the City who shall be responsible for addressing such concerns. The decision of the City Manager relating to such employee shall be final, the sole recourse of the LRA being the right to terminate this Cooperation Agreement as provided in Section 2.3.

2.0 ADVANCE OF OPERATING FUNDS

2.1. An amount not to exceed seven hundred thousand dollars ($700,000.00) may be advanced by the City each year, subject to an annual appropriation by the City Council to do so, to the LRA through December 31, 2009, to be used by the LRA for costs incurred by the LRA. Such amounts shall be paid directly to the LRA by the City and shall be disbursed by the LRA, as it deems prudent and necessary for such purposes. Any amounts so advanced by the City shall be a priority obligation of the LRA, subordinate only to any Developer Obligations as may subsequently be agreed upon by the LRA and the City. Such amounts as are advanced, shall be payable to the City from tax increment revenues (collected pursuant to C.R.S. §31-25-107(9)), reimbursements from developers and such other revenues of the LRA, subject to an annual appropriation by the Board of Directors of the LRA. Due to the benefits gained by the City from the Projects in the Reinvestment Area, no interest will be due on the amounts advanced to the LRA by the City.

3.0 MISCELLANEOUS.

3.1. Governing Law. This Cooperation Agreement shall be governed by, and construed in accordance with, the laws of the State of Colorado and shall be subject to the limitations, if any, that are applicable under the Charter or ordinances of the City.
3.2. Supercedes Previous Cooperation Agreements. This Cooperation Agreement supercedes and replaces the Cooperation Agreement Between the City of Lakewood and the Lakewood Reinvestment Authority for Administrative Services, dated February 21, 2001, the Cooperation Agreement Between the City of Lakewood and the Lakewood Reinvestment Authority for West Alameda Avenue Corridor Urban Development Area, dated February 21, 2001, and the Cooperation Agreement Between the City of Lakewood and the Lakewood Reinvestment Authority for Colfax-Wadsworth Reinvestment Area, dated February 21, 2001.
3.3. Notices. All notices and other communications hereunder shall be sufficiently given and shall be deemed given when delivered or mailed by first class mail, postage prepaid, addressed as follows:
If to the City:
City of Lakewood, Colorado
480 South Allison Parkway
Lakewood, Colorado 80226-3105
Attn: Finance Director

If to the LRA:

Lakewood Reinvestment Authority
c/o Lakewood Community Planning & Development Department
480 South Allison Parkway
Lakewood, Colorado 80226-3105
Attn: Director
The City or the LRA may, by notice given hereunder, designate any further or different addresses to which subsequent notices or other communications shall be sent.
3.4. Termination. This Cooperation Agreement may be terminated upon thirty (30) days written notice; provided, however, there are no outstanding Obligations of the LRA payable to the City unless satisfactory arrangements have been made, in the sole discretion of the City, for the payment of such Obligations.
3.5. Severability. In the event that any provision of this Cooperation Agreement, other than the requirement of the LRA to reimburse the City for Obligations incurred by the LRA hereunder, shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Cooperation Agreement to be duly executed and delivered by their duly authorized officers as of the date first above written.

CITY OF LAKEWOOD, COLORADO

ATTEST:

By:
Margy Greer, City Clerk

By:
Stephen A. Burkholder, Mayor

APPROVED AS TO FORM:

By:
Roger W. Noonan, City Attorney

APPROVED:

By:
Jacque Wedding-Scott, Finance Director

ATTEST:

By:
Margy Greer
Clerk

LAKEWOOD REINVESTMENT AUTHORITY

By:
Michael Rock, Executive Director

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