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HomeMy WebLinkAboutORDINANCE 04-100 0 ORDINANCE NO.04-10 AN ORDINANCE OF THE TOWN OF ESTES PARK ABOLISHING THE ESTES PARK URBAN RENEWAL AUTHORITY PURSUANT TO SECTION 31 -25-115 (2)OF THE COLORADO REVISED STATUTES WHEREAS,on January 12,2010,the electors of the Town of Estes Park amended the Town’s Municipal Code by the addition of Chapter 2.90;and WHEREAS,Subsection (c)of Section 2.90.010 of Chapter 2.90 provides that the Estes Park Urban Renewal Authority (EPURA)shall be abolished consistent with all applicable Colorado Revised Statutes ;and WHEREAS,Section 31-25-115 (2)C.R.S.provides for the abolishment of an urban renewal authority;and WHEREAS,in order to comply with applicable legal requirements,it is necessary for the Town Board to pass an ordinance providing for the abolishment of EPURA, providing adequate arrangements for the payment of any outstanding indebtedness and other obligations of EPURA,and setting a date upon which said abolishment shall be effective,which date shall not be less than six months from the effective date of the ordinance;and WHEREAS,EPURA has obligations including,but not limited to,contracts for the design and construction of the Grandstand Project at Stanley Park and its Facade Program;and WHEREAS,it appears that EPURA has sufficient funds to meet its obligations pursuant to the contracts for the Grandstand Project and its Facade Program so that it can wind up its affairs within six months of the effective date of this ordinance. NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO as follows: Section 1.The Board of Trustees of the Town of Estes Park,Colorado hereby abolishes the Estes Park Urban Renewal Authority effective July 26,2010. Section 2.The officials of the Town of Estes Park and the Town Staff are hereby authorized to cooperate with EPURA to facilitate the orderly termination of EPURA’s affairs and,if necessary,for the transfer of any remaining EPURA obligations and contracts to the Town prior to the abolishment of EPURA on July 26,2010./PLEASE RETURN TO THE RECEPTION#:20100046474,0811112010 at TOWN OF ESTES PARK; 08:34:22 AM,ATTN:TOWN CLERK’S OFFICE 10F5,R$31.OOTDPgS:0 P0 BOX 1200ScoffDoyle,Larimer County,CO ESTES PARK,CO 80517 0 Section 3.The Town of Estes Park shall be responsible for all obligations of EPURA remaining and existing as of July 26,2010. WHEREAS,it is necessary to have this Ordinance effective immediately in order to comply with the provisions of Section 2.90.010 (c)of the adopted Initiated Ordinance and therefore an emergency exists,this Ordinance shall take effect and be enforced immediately after its passage,adoption and signature of the Mayor. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE ESTES PARK,COLORADO,THIS -W DAY OF à¼h-t)ø. 2010. TOWN OF TOWN OF By: I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the O’day of ______________________, 2010,and published in a newspaper of general publication in the Town of Estes Park,Colorado on the 9-dayof _____________,2010. C TowhNC lerk Jackie Williamson,Town Clerk of theIoofEstesPark,CO,do hereby cefy \;Doflhi.above isa true,exact,complete1/tand°&altered copy of flQzlhac’n-CF o410 n fll&ar.y office as part of the official oráthe Town of Estes Park. 0•.,:°.- -. Williamson,Town Clerk DO ayor 0 0 0 ASSIGNMENT THIS ASSIGNMENT (“Assignment”)effective the 26th day ofjuly,2010 is made by and between the Estes Park Urban Renewal Authority,Colorado (“Assignor”)and die Town of Estes Park,Colorado,a Colorado municipality (“Assignee”). For good and valuable consideration,Assignor hereby assigns,transfers and sets over unto Assignee,all tight,tide and interest including all warranties or other contract claims in and to the following Agreement: AlA Document AlOl —2007.Standard Form of Agreement Between Owner and Contractor,dated October 22,2009,between the Estes Park Urban Renewal Authoti-and Taylor Kohrs,LLC. To have and to hold the same unto Assignee,its successor and assigns,from and after the effective date of this assignment. IN \VITNESS WHEREOF,Assignor has caused this Assignment to be duly executed. ESTES PARK URBAN RENEWAL AUTHOR TY p 7 -42 -I o Chairmir’Date I 0 0 ASSI GNMENT THIS ASSIGNMENT (“Assignment”)effective the 26th day ofjuly,2010 is made by and between the Estes Park Urban Renewal Authority,Colorado (“Assignor”)and the Town of Estes Park,Colorado,a Colorado municipality (“Assignee”). For good and valuable consideration,Assignor hereby assigns,transfers and sets over unto Assignee,all right,tide and interest including all warranties or other contract claims in and to the following Agreement: Architectural Services Agreement Between Client and Architect,dated May 4, 2009,between the Estes Park Urban Renewal Authority and Thorp Associates,P.C. To have and to hold the same unto Assignee,its successor and assigns,from and after the effective date of this assignment. IN WITNESS WHEREOF,Assignor has caused this Assignment to be duly executed. ESTES PARK URBAN RENEWAL AUTHORITY Date —— 0 CONSENT TO ASSIGNMENT C Thorp Associates,P.C.hereby consents to the Assignment of the Architectural Services Agreement between the Estes Park Urban Renewal Authority’C’EPURA”)and Thorp Associates,P.C.dated May 4,2009,to the Town of Estes Park pursuant to the terms and conditions of Section 9.2 of the Agreement.This Consent to Assignment is effective the 26t1 day ofjuly,2010. IN WITNESS WHEREOF,Thorp Associates,P.C.has executed this Consent to Assignment. THORP ASSOCIATES,P.C. By:President Date