HomeMy WebLinkAbout10962RESOLUTION NO. 10962
A RESOLUTION APPROVING AN AMENDED AND RESTATED PHASE ONE PROJECT
COOPERATION AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION AND THE URBAN RENEWAL AUTHORITY OF PUEBLO, COLORADO AND
AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE THE AGREEMENT
AND DEED DESCRIBED THEREIN
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO. that:
SECTION 1
The Amended and Restated Phase One Project Cooperation Agreement dated as of March
26, 2007 by and between the City of Pueblo and the Urban Renewal Authority of Pueblo, Colorado
(the "Agreement'), a copy of which is attached hereto, having been approved as to form by the City
Attorney, is hereby approved.
SECTION 2
The President of the City Council is authorized to execute and deliver the Agreement and
the deed conveying to the Urban Renewal Authority the land shown on Exhibit "A" to the
Agreement as the "Approximate Area To Be Transferred To Urban Renewal Authority" in the name
of the City of Pueblo and the City Clerk is directed to affix the seal of the City thereto and attest
same.
SECTION 3
This Resolution shall become effective upon final approval and passage.
APPROVED:
ESID NTof City Council
ATTESTED BY:
CITY CLERK
INTRODUCED March 26, 2007
BY Randy Thurston
Councilperson
43ao-j /a% D-"
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Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 1
DATE: March 26, 2007
DEPARTMENT: Law Department
TITLE
A RESOLUTION APPROVING AN AMENDED AND RESTATED PHASE ONE
PROJECT COOPERATION AGREEMENT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION AND THE URBAN RENEWAL AUTHORITY OF
PUEBLO, COLORADO AND AUTHORIZING THE PRESIDENT OF THE CITY
COUNCIL TO EXECUTE THE AGREEMENT AND DEED DESCRIBED THEREIN
ISSUE
Should City Council approve the agreement with the Urban Renewal Authority of
Pueblo, Colorado.
RECOMMENDATION
Approve the agreement.
BACKGROUND
The City and Urban Renewal Authority of Pueblo, Colorado ( "Authority ") have
entered into cooperation agreements relating to tax increment funds (both sales tax
and general property tax) (TIF) generated in the Amended Phase One Urban
Renewal Project for Downtown Pueblo ( "Phase One ") as well as the use of a 3.3%
portion of sales and use tax levied by the City throughout the City ( "Vendor Fees ").
The Vendor Fees have been pledged to pay debt service on the Authority's Series
2005 $7,310,000 Revenue Refunding Bonds ( "Bonds ") and to pay the net operating
expenses of the Convention Center.
As a result of the issuance of the Bonds, $972,153 TIF was paid to the City in
satisfaction of the Authority's obligation to pay for property originally transferred to
the Authority. The City pursuant to the Agreement will make the $972,153
available to the Authority for the redevelopment of a hotel.
Approximately $1,216,652 in excess Vendor Fees will be held by the Authority for
payment of extraordinary maintenance and replacement expenses of the
Convention Center as approved by the City Council
All TIF and Vendor Fees to be spent by the Authority are to be included in the
Authority's annual budget which must be approved by City Council before
committed or expended by the Authority.
City's records indicated that $91,000 may be payable to the Authority. City and
Authority agree that the $91,000 represented TIF and is to be kept and retained by
City in partial payment for the property City originally transferred to the Authority.
To facilitate development and subdivision for Gateway Park in Phase III of HARP
( "Gateway Park'), the Authority conveyed land to the City ( "Gateway Park Land ").
That portion of the Gateway Park Land not included in the subdivision together with
City's other adjacent land will be conveyed to the Authority for private
redevelopment.
FINANCIAL IMPACT
See Background.
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AMENDED AND RESTATED PHASE ONE PROJECT COOPERATION AGREEMENT
THIS AMENDED AND RESTATED COOPERATION AGREEMENT (the Cooperation
Agreement), is made and entered into as of March 26, 2007, by and between the CITY OF PUEBLO,
a Colorado municipal corporation (the City) and the URBAN RENEWAL AUTHORITY OF
PUEBLO, COLORADO, a body corporate and politic of the State of Colorado (the Authority). The
City and the Authority are sometimes referred to herein collectively as the Parties and individually
as a Party.
RECITALS
A. On March 22, 2004, pursuant to Ordinance No. 7113, as modified on August 23,
2004, by Ordinance No. 7186, the City Council of the City approved the urban renewal plan (the
Urban Renewal Plan) for the Pueblo Expanded Urban Renewal Project (the Expanded UR Project),
which Expanded UR Project is being carried out by the Authority in cooperation with the City and
in furtherance of the objectives of the Colorado Urban Renewal Law and the Urban Renewal Plan.
The Expanded UR Project is an amendment to and an expansion of the Amended Phase One Urban
Renewal Project for Downtown Pueblo (the Phase One Project). The Phase One Project area is
included in and a part of the Expanded UR Project.
B. The Parties entered into a Cooperation Agreement dated August 25, 1986, as
amended by Amendment No. 1 dated October 15, 1996, Amendment No. 2 dated January 24, 2005,
.Amendment No. 3 dated December 27, 2005, and Amendment No. 4 dated January 23, 2006 for the
purpose of financing and providing certain public improvements for the Phase One Project and the
Expanded UR Project.
C. The Authority has issued its $7,310,000 Revenue Refunding Bonds, Series 2005 (the
Bonds) and with respect thereto entered into an Indenture of Trust dated as of February 15, 2005 (the
Indenture). The Bond proceeds were used to refinance the Authority's Series 1994 Bonds related
to the Phase One Project.
D. Such refinancing made approximately $972,153 in funds categorized as TIE Revenue
available to the Authority, which was paid to the City in satisfaction of the Authority's obligation
to reimburse the City under Paragraph 1, subparagraphs (e) and (f) of Amendment No. 1 to the
Cooperation Agreement (the City Funds). Pursuant to the authorization contained in Section 31 -25-
112, C.R.S., the City has contributed the City Funds to the Authority to be used for redevelopment
of the hotel site described in Section 2 of this Cooperation Agreement.
E. To ratify and confirm the obligations of the Parties with respect to the Bonds and the
Indenture, the parties desire to amend and restate the Cooperation Agreement as set forth herein.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained
herein, the Parties agree as follows:
3/1/07
increment revenue and property tax increment revenue paid to the Authority from the Phase One
Project Area shall be deposited by the Authority in a separated account (the Phase One TIF Revenue
Account). Pursuant to the issuance of the Bonds and the Indenture, and this Cooperation Agreement,
the .Authority has deposited the City Funds in the Phase One TIF Revenue Account for uses in
accordance with this Cooperation Agreement. From the funds in the Phase One TIF Revenue
Account an amount totaling $1,100,000 (the Hotel Funds) is earmarked for and shall be used by the
Authority for the redevelopment of the hotel site located at the former Tool City and Peterson Paint
Building properties. The Authority has entered into a Redevelopment and Reimbursement
Agreement with Ashwin A. Amin and Avik A. Amin dated as of January 7, 2007 (the Redevelop-
ment Agreement) for redevelopment of the hotel site. If the redevelopment of the hotel site does not
take place pursuant to the Redevelopment Agreement, $972,153 of the Hotel Funds shall be released
from this pledge and returned to the City or used as the City and Authority shall mutually agree.
Section 3. The Approved Budget The Phase One TIF Revenue Account shall be used
by the Authority as set forth in this Cooperation Agreement and for uses authorized by law and
included in the annual budget of the Authority approved by the City Council by resolution each year
(the Approved Budget). No further approval of the City will be required unless the Authority desires
to amend the Approved Budget or expend such funds in excess of the line items in the Approved
Budget or for items not included in the Approved Budget; provided, however, the Authority may
increase spending by (i) the greater of 10% or $5,000 in any line item in that portion of its budget
devoted to expenditure of the Phase One TIF Revenue Account without further approval of the City
Manager of the City if there is no increase in the total expenditure of such revenues in the Approved
Budget and (ii) the greater of 10% or $5,000 in any line item in that portion of its budget devoted
to expenditure of Vendor Fees for the Convention Center without further approval of the City
Manager of the City if there is no increase in the total expenditure of Vendor Fees in the Approved
Budget. Except as provided herein, any expenditure in excess of the line items in the Approved
Budget or for items not included in the Approved Budget shall be subject to the prior approval by
resolution of the City Council.
Section 4. Notwithstanding anything contained herein to the contrary, City's records
indicate funds in the amount of $91,000.00 may be payable to the Authority The Parties stipulate
and agree that (a) the $91,000.00 represents sales tax increment revenue and property tax increment
revenue generated from the Phase One Project Area, and (b) that the $91,000.00 shall be kept and
retained by City in partial satisfaction of the Authority's obligation to reimburse the City under
Paragraph 1, subparagraphs (e) and (f) of Amendment No. 1 to the Cooperation Agreement.
Section 5. Release As part of the consideration for the Authority's obligations herein,
the City hereby releases the Authority from any obligation to return to the City any excess revenues
under Paragraph 1, subparagraphs (e) and (f) of Amendment No. 1 to the Cooperation Agreement
described in Recital B.
Section 6. Property onveyance To facilitate financing of construction of Gateway Park
in Phase III of the Historic Arkansas Riverwalk of Pueblo by the City, the Authority agrees to convey
to the City by special warranty deed, the north one -half of Lot 9 and all of Lots 10 through 14,
inclusive, Block 3, Central Pueblo, according to the recorded plat thereof, City of Pueblo, County
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Section 1. Vendor Fees As authorized by the electorate of the City on November 2,
1993, and Ordinance No. 5853, passed and adopted on second reading by the City Council of the
City on January 10, 1994, the proceeds of the 3.3% portion of the sales and use tax levied by the City
pursuant to Section 14 -4 -17 of the Code of Ordinances of the City (the Vendor Fees) have been
pledged by the City for the following purposes (the Vendor Fee Uses): (a) paying the principal of,
premium, if any, and interest on the Bonds and any revenue bonds issued to refund the Bonds, and
(b) paying the operation and maintenance expenses of a civic center and hotel complex within the
boundaries of the Authority. For the purposes hereof, the phrase "operation and maintenance
expenses of a civic center and hotel complex within the boundaries of the Authority" means paying
the Authority's annual operation and maintenance expenses of the Convention Center after deducting
therefrom the annual gross operating revenues produced by the Convention Center. Unless the
qualified electors of the City authorize the City Council to use the Vendor Fees for other, additional
purposes (without impairing payment of the Bonds or otherwise violating the Indenture), this pledge
shall be irrevocable so long as the Bonds (and any refunding bonds) are outstanding, but Excess
Vendor Fees, as defined in subsection (a) immediately below, not required for such purposes shall
be subject to the provisions of this Section 1.
(a) The Authority has previously constructed a convention center containing
approximately 47.000 square feet and related parking facilities (the Convention Center) in the Phase
One Project area. In accordance with the indenture (the Indenture) governing the Bonds and
Ordinance No. 5853, the Vendor Fees are being applied to the Vendor Fee Uses. In connection with
the refinancing and issuance of the Bonds and pursuant to the Indenture, the Authority has received
and is holding approximately S 1,212,652 in Vendor Fees not required by the Indenture to be applied
to Vendor Fee Uses. Such excess Vendor Fees and all Vendor Fees returned to the Authority and
the City in future years by the trustee described in the Indenture (the Trustee) pursuant to the
Indenture are referred to herein as the Excess Vendor Fees.
(b) Unless the qualified electors of the City authorize the City Council to use the
Vendor Fees for other purposes, all Excess Vendor Fees now held by and returned to the Authority
and the City in future pursuant to the Indenture shall be deposited and retained by the Authority, in
trust nevertheless, in an interest bearing account (Excess Vendor Fee Account) for the following
purposes: extraordinary maintenance and replacement expenses of the Convention Center and
retirement of the Bonds. Prior to December 31, 2006 and prior to each December 31 thereafter, the
City Council, after consultation with the Authority, shall by resolution determine the amount of
funds on deposit in the Excess Vendor Fee Account that shall be reasonable and prudent to retain
in the Excess Vendor Fee Account for extraordinary maintenance and replacement expenses of the
Convention Center, and the excess thereof shall be held for or applied to retirement of the Bonds
and, after retirement of the Bonds, returned to the City for any lawful use
(c) Unless the qualified electors of the City authorize the City Council to use the
Vendor Fees for other purposes, the Parties agree that all revenues derived or to be derived from
Vendor Fees shall be applied exclusively to the Vendor Fee Uses.
Section 2. The TIF Revenue Account To the extent that such deposit does not conflict
with any prior pledge of such revenues (as determined by the Authority's bond counsel), all sales tax
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of Pueblo, State of Colorado (the HARP Phase III Property). The City will include the HARP Phase
III Property in a new property subdivision as required by City codes and ordinances. At the time of
such subdivision, that portion of the HARP Phase III Property in excess of the amount required to
construct the Gateway Park will be combined with other property owned by City so that a parcel of
property generally shown on the attached Exhibit A will be conveyed to the Authority for the
purpose of forming a parcel of real property to be disposed of for private redevelopment in
accordance with applicable City codes and ordinances and the Urban Renewal Plan.
IN WITNESS WHEREOF, the City and Authority have caused this Cooperation Agreement
to be executed as of the date first above written.
THE URBAN RENEWAL AUTHORITY OF
PUEBLO, COLO DO
`;. ATTES i By:
Secretary / Cl}air an of the Co issioners
A MUNICIPAL CORPORATION
r
ATTEST: By: �a
C& Clerk Presid6nt of t1i City Council
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LEGEND
EXISTING URBAN RENEWAL
AUTHORITY PROPERTY
APPROXIMATE AREA TO BE
LRED A TO URBAN
RENEWAL AUTHORITY
EXHIBIT " A "
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