Lakewood Reinvestment Authority Resolution 2003-1 REQUEST FOR LRA ACTION

RESOLUTION: LRA 2003-1

SUBJECT: A resolution allowing the payment of the promissory note to secure funds for deposit with the District Court in Case No. 01CV1482 to be extended from March 1 to no later than June 30, 2003.

ADDRESS: 7001 - 7501 West Alaska Drive and 7001 - 7100 West Virginia Avenue Lakewood, Colorado 80226 (Villa Italia Shopping Center Subdivision Filing No. 2)

RECOMMENDATION: Approval

SUMMARY AND BACKGROUND OF SUBJECT MATTER: On November 25, 2002, the Lakewood Reinvestment Authority (LRA) authorized the Executive Director to borrow funds to make a LRA deposit for the purposes of meeting the requirements of a district court order in Case No. 01CV1482. A note was secured by a promissory note from Continuum Lakewood Development Company, LLC payable by March 1 of this year. This resolution extends the payment date of the note to June 30, 2003.

RESOLUTION ADOPTION DATE: January 27, 2003

ORIGINATED BY: Rebecca P. Clark, LRA Staff

STAFF PERSON RESPONSIBLE: Rebecca P. Clark, LRA Staff, 303-987-7525

DOCUMENTS ATTACHED: Resolution LRA 2003-1

SUBMITTED BY:
Frank Gray, LRA Director
Jacque Wedding-Scott, LRA Treasurer Secretary

REVIEWED BY:
Michael J. Rock, Secretary/Executive Director
Margaret A. Greer, LRA Recording


LRA 2003-1

A RESOLUTION

A RESOLUTION ALLOWING THE PROMISSORY NOTE TO SECURE FUNDS FOR DEPOSIT WITH THE COURT IN CASE NO. 01CV1482 TO BE PAID NOT LATER THAN JUNE 30, 2003.

WHEREAS, the Lakewood Reinvestment Authority ("LRA") adopted Resolution LRA 2001?3 authorizing the condemnation of the Ground Lease for the Villa Italia Shopping Center; and

WHEREAS, the LRA brought Case No. 01CV1482 to acquire the Ground Lease for the Villa Italia Shopping Center; and

WHEREAS, on October 11, 2001, the LRA deposited with the District Court the sum of $3,000,000 to secure possession of the Ground Lease; and

WHEREAS, on January 27, 2003, the LRA deposited an additional $5,000,000 with the District Court pursuant to the Court's Order of November 6, 2002; and

WHEREAS, the Redevelopment Agreement between the LRA and Continuum Lakewood Development Company, LLC ("Continuum") requires Continuum to reimburse the LRA for any amounts deposited with the District Court; and

WHEREAS, on November 25, 2002, the LRA adopted Resolution 2002-10 authorizing the Executive Director to borrow funds necessary to make the deposit secured by a promissory note from Continuum Lakewood Development Company, LLC, payable no later than March 1, 2003; and

WHEREAS, in order to expedite construction of the Belmar Project, it is in the best interests of the LRA to postpone the payment of the promissory note from Continuum Lakewood Development Company, LLC, for the deposited funds to provide for payment not later than June 30, 2003.

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

SECTION 1. The promissory note from Continuum Lakewood Development Company, LLC, to secure any amounts borrowed to make the deposit necessary for Case No. 01CV1482 shall be payable not later than March 1, 2003.

INTRODUCED, READ AND ADOPTED by a vote of 11 For and 0 Against at a special meeting of the Board of Commissioners of the Lakewood Reinvestment Authority on January 27, 2003, at 7:30 p.m. at Lakewood Civic Center, 480 South Allison Parkway, Lakewood, Colorado.

Stephen A. Burkholder, Chair

ATTEST:
Margy Greer, City Clerk