Lakewood Reinvestment Authority Resolution 2005-4 REQUEST FOR LRA ACTION

RESOLUTION: LRA 2005-4

SUBJECT: A resolution adopting an intergovernmental agreement between the Lakewood Reinvestment Authority and the Alameda Corridor Business Improvement District.

RECOMMENDATION: Approval

SUMMARY AND BACKGROUND OF SUBJECT MATTER: The Lakewood Reinvestment Authority's West Alameda Avenue Corridor Urban Redevelopment Area and the Alameda Corridor Business Improvement district occur in approximately the same boundaries along Alameda Avenue and Belmar. The two entities share objectives that can best be accomplished by coordination of efforts.

RESOLUTION ADOPTION DATE: February 28, 2005

ORIGINATED BY: Rebecca P. Clark, LRA Director

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

DOCUMENTS ATTACHED: Resolution LRA 2005-4
Exhibit 1: Intergovernmental Agreement between the Lakewood Reinvestment Authority and the Alameda Corridor Business Improvement District.

SUBMITTED BY:
Rebecca P. Clark, LRA Director

REVIEWED BY:
Michael J. Rock, Executive Director


LRA 2005-4

A RESOLUTION

AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE ALAMEDA CORRIDOR BUSINESS IMPROVEMENT DISTRICT TO SUPPORT THOSE ACTIVITIES OF THE ALAMEDA CORRIDOR BUSINESS IMPROVEMENT DISTRICT WHICH FURTHER THE GOALS AND PURPOSES OF THE WEST ALAMEDA AVENUE CORRIDOR URBAN REDEVELOPMENT PLAN.

WHEREAS, the Alameda Corridor Business Improvement District (the "District") is business improvement district organized 31?25?1201, et seq., C.R.S.; responsible for improving conditions along portions of the West Alameda Avenue corridor in the City pursuant to; and

WHEREAS, on May 26, 1998, the City Council of the City of Lakewood approved Resolution No. 98-49 adopting the West Alameda Avenue Corridor Urban Redevelopment Plan and on September 11, 2000, the City Council of the City of Lakewood approved Resolution No. 2000-82 amending the West Alameda Avenue Corridor Urban Redevelopment Plan (together "Amended Plan"); and

WHEREAS, the District is within the boundaries of the urban renewal area designated by the amended Plan; and

WHEREAS, C.R.S. § 31-25-112 authorizes urban renewal authorities to enter into agreements with public bodies, including business improvement districts, in connection with the undertaking of urban renewal projects; and

WHEREAS, the activities and undertakings of the District support and further the goals of the Amended Plan.

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

SECTION 1: The Board of Commissioners of the Lakewood Reinvestment Authority hereby authorizes and approves the execution and delivery of an Intergovernmental Agreement between the LRA and the District in the form attached hereto as Exhibit 1.

INTRODUCED, READ AND ADOPTED by a vote of 10 for and 0 against at a regular meeting of the Board of Commissioners of the Lakewood Reinvestment Authority on February 28, 2005, at 9:01 p.m. at Lakewood Civic Center, 480 South Allison Parkway, Lakewood, Colorado.

Stephen A. Burkholder, Chair

ATTEST:
Michael J. Rock, Executive Director


INTERGOVERNMENTAL AGREEMENT
BETWEEN
LAKEWOOD REINVESTMENT AUTHORITY
AND
ALAMEDA CORRIDOR BUSINESS IMPROVEMENT DISTRICT
FOR
FUNDING OF IMPROVEMENTS IN CONNECTION WITH
THE WEST ALAMEDA AVENUE CORRIDOR
URBAN REDEVELOPMENT AREA

THIS AGREEMENT (the "IGA") dated as of ___ day of February, 2005, is entered into by and between the Lakewood Reinvestment Authority ("the Authority"), a body corporate duly organized and existing as an urban renewal authority under the laws of the State of Colorado and the Alameda Corridor Business Improvement District ("District"), a body organized and existing as a business improvement district under the laws of the State of Colorado.

WHEREAS, the Authority is an urban renewal authority organized to transact business and exercise its powers under and pursuant to the Colorado Urban Renewal Law, C.R.S. § 31-25-101 et seq.; and

WHEREAS, on July 28, 2003, the City Council adopted Ordinance No. O-2003-18 organizing the Alameda Corridor Business Improvement District (the "District") along portions of the West Alameda Avenue corridor in the City pursuant to 31?25?1201, et seq., C.R.S.; and

WHEREAS, on May 26, 1998, the City Council of the City of Lakewood approved Resolution No. 98-49 adopting the West Alameda Avenue Corridor Urban Redevelopment Plan and on September 11, 2000, the City Council of the City of Lakewood approved Resolution No. 2000-82 amending the West Alameda Avenue Corridor Urban Redevelopment Plan (together "Amended Plan"); and

WHEREAS, C.R.S. § 31-25-112 authorizes urban renewal authorities to enter into agreements with public bodies, including business improvement districts, in connection with the undertaking of urban renewal projects; and

WHEREAS, the activities and undertakings of the District support and further the goals of the Amended Plan; and

WHEREAS, the Authority provides certain in-kind services to the District; and

WHEREAS, the Authority desires to make available financial resources to support those activities of the District that accomplish the goals and purposes of the Amended Plan; and

WHEREAS, an agreement regarding the provision of in-kind services by the Authority and the contribution by the Authority to the activities and undertakings of the District is desirable.

NOW, THEREFORE, in consideration of the foregoing recitals, and the following terms and conditions, the Authority and the District agree as follows:

1. The Authority agrees to pay to the District an amount calculated in accordance with paragraph 2 below (the "Service Contribution Amount"), in accordance with the provisions of this IGA, subject to the off-set for in-kind services as specified below.

2. The Service Contribution Amount for 2005 shall be the District's mill levy of 5.72 mills times the assessed value for the prior year attributable the following Jefferson County Assessor's Parcel Numbers:
Parcel No. 49-113-00-023
Parcel No. 49-142-01-128
Parcel No. 49-142-01-130
Parcel No. 49-142-01-131
Parcel No. 49-142-04-024
Parcel No. 49-142-04-025
Parcel No. 49-142-04-026

3. The Service Contribution Amount for 2006 and each subsequent year shall be the District's mill levy as determined by the District times the assessed value for the prior year attributable the following Jefferson County Assessor's Parcel Numbers:
Parcel No. 49-113-00-023
Parcel No. 49-142-01-128
Parcel No. 49-142-01-130
Parcel No. 49-142-04-024
Parcel No. 49-142-04-025
Parcel No. 49-142-04-026

4. The Service Contribution Amount for 2005 and subsequent years shall be determined by the Authority and the Authority shall advise the District in writing of the Service Contribution Amount not later than December 31 of each calendar year.

5. The Authority shall pay to the District ½ (one-half) of the Service Contribution Amount not later than March 31 of each year.

6. The Authority shall bill the District for in-kind services as those services are utilized and the Authority shall deduct the amount of the in-kind services from the remaining portion of the Service Contribution Amount through the calendar year.

7. Following December 31 of each calendar year, the Authority shall determine how much, if any, of the remainder of the Service Contribution Amount has not been obligated to pay in-kind services provided by the Authority. If any portion remains unobligated, the Authority shall pay such amount to the District not later than January 15 of the following calendar year. In the event the District incurs in-kind services in excess of the remaining portion of the Service Contribution Amount, there will be no refund or carryover.

8. This Intergovernmental Agreement may be terminated upon written notice by either party on or before November 15 of any year in which Service Contribution Amounts have been paid. Unless otherwise terminated, this Intergovernmental Agreement shall expire on December 31, 2022.

IN WITNESS WHEREOF, the parties hereto have caused this Intergovernmental Agreement to be duly executed and delivered by their duly authorized officers as of the date first written above.

LAKEWOOD REINVESTMENT AUTHORITY
Stephen A. Burkholder, Chair

ATTEST:
Michael J. Rock, Secretary/Executive Director

ALAMEDA CORRIDOR BUSINESS IMPROVEMENT DISTRICT, Jefferson County, Colorado
Ronald O. Sholar, President

ATTEST:
Kathleen Curtis, Secretary