ASPECIAL  CITY COUNCIL  MEETING WILLBE  HELD ON  Thursday May 23, 2024  a 6:00 P.M.    CITY OF LAMAR, COLORADO SPECIAL MEETING OF CITY COUNCIL Thursday, May 23, 2024- -6 6:00 p.m.  AGENDA-  1333875 910 - 11 12 13 14 15 16 17 18  JOE GONZALES SHALAH MATA GERRY JENKINS KIRK CRESPIN DAVID ZAVALA MANUEL TAMEZ BRENT BATES ROB EVANS KRISTIN SCHWARTZ. LANCE CLARK I. II.  GENERAL BUSINESS  Invocation- Pledge of Allegiance III. Call to Order IV. Roll Call V.  Review Agenda  GENERAL BUSINESS  Item 1-C City/Rhodes Agreement on Main Café/Warehouse Properties  Item 2- ChiefofPolice Recommendation  Item 3-Miscellaneous  NEXT CITY COUNCIL MEETING - Monday, June 10, 2024 @ 7:00 P.M Individuals with disabilities needing auxiliary aid(s) may request assistance by contacting Stephanie Strube at City ofLamar, 102 EI Parmenter, Lamar CO 81052, or by phone (719)336-4376. We would appreciate 48 hours advance notice oft the event so arrangements can be made to locate the requested  auxiliary aid(s).    Agenda Item No. 1 Council Date: 5/23/2024  LAMAR CITY COUNCIL AGENDA ITEM COMMENTARY  ITEMT TITLE: INITIATOR: ACTION PROPOSED:  City/Rhodes Agreement on Main Café/Warehouse Properties Anne-Marie Crampton CITY ADMINISTRATORS REVIEW: Approve agreement and authorize the Mayor to sign  STAFF INFORMATION SOURCE:  Anne-Marie Crampton  BACKGROUND: The City purchased the Main Café property at 114 S. Main Street in March 2020. The property shares a common stairway and hallway with 112 S. Main Street's second floor. Former City Administrator Steve Kil and former Community Development Director Morgan Alba negotiated with Haley May Rhodes & Ash Rhodes for the donation of the upstairs of112 S. Main, sO the upstairs of112 and 114S. Main could be developed together as four apartments. In consideration ofthe donation, the City verbally agreed to demolish one or both oft the warehouses located in the parking lot directly to the west of the buildings, now known as 111A and 111B W. Beech. 111A can be saved ifit receives a The City must complete an MOU with the Rhodes to confirm their intention to donate the upstairs of 112 S. Main to the City as part ofi its application for the CDPHE 1306 Cleanup Grant to remediate the asbestos spill and complete abatement. Once the Cityreceives: a verbal award ity will complete the transfer ofthe property.Anne-Marie: and Stephen DiNardo, an Ayres Associates subconsultant, drafted anl MOU. Lance Clark redrafted it as an agreement. Mr. & Mrs. Rhodes have confirmed their intention to sign it.  new: roofin the near future.  RECOMMENDATION: Approve agreement and authorize the Mayor to signi it.    AGREEMENT BETWEEN CITY OF LAMAR AND RHODES  This Agreement dated and effective this day of 2024, is made and between the City of Lamar (the "City") located at 102 E Parmenter St, Lamar, CO 81052, and Haley May and Ashlynn Rhodes, (hereinafter collectively referred to as the "Rhodes") private property owner, located at 110 S Main, Lamar, CO 81052, collectively referred to as the "Parties".  RECITALS  WHEREAS, the City is the legal owner of the building located at 114 South Main Street, WHEREAS, the City and RHODES are the joint legal owner of the entryway, staircase, and common hallway located between the buildings of112 South Main Street and 114 South Main  Lamar, CO 81052 (hereinafter referred to as the "Main Café"); and  Street; and  WHEREAS, Haley May Rhodes is the legal owner of the buildings located at 108, 110, and 112 South Main Street, Lamar, CO 81052 (the 110 and 112 South Main Street hereinafter referred to as "Home & Season")and the legal owner oft the Warehouse buildings located at 111A (the "North Warehouse") and 111B (the "South Warehouse") West Beech Street, Lamar, CO  81052; and  WHEREAS, the Parties hereby enter into this Agreement to summarize their mutual relating to the proposed improvements ofthe Main Café, the 2nd floor oft the Home & agreements Season, and the North and South Warehouse properties, (hereinafter referred to as the "Property or Project"). This Agreement reflects the Parties' negotiations, commitments, obligations and  responsibilities; and  NOW, THEREFORE, in consideration of the foregoing and of the mutual promises set 1. OBJECTIVESOFI PROJECT. Thel Parties agree that the! Project consists oft the following a. Parties acknowledge that the progress on the Main Café project is dependent on the City's receipt ofadditional funds to complete the project. The City is applying fora CDPHE 1306 Brownfield Cleanup Grant to assist in the funding of the environmental abatement'remediation of the Main Café, including the second floor oft the Main Café and the second-floor property located at 112 South Main Street. Further acknowledge that the City will apply for a second CDPHE 1306 grant for assistance in mitigating the South Warehouse in ai future round. Further acknowledge that the City desires to draw funds from City ofLamar Capital Improvement Fund to transfer ownership of the 2nd floor ofthe 112 South Main Street property from the RHODES to the City and fund the demolition oft the  forth herein, the parties hereto agree to the following: objectives and obligation on each Party:  South Warehouse.  Café second and the (2nd)  floor of the 110 and 112  b. - The City desires to renovate the Main  South Main Street property to promote revitalization in the downtown area. The    renovation's scope includes but is not limited to environmental remediation, surgical demolition, interior demolition, interiorlexterior construction, and historic preservation. The Parties acknowledge that the revitalization project will require grants being provided to the City. Within sixty (60) days ofthe City receiving a verbal notification ofa CDPHE 1306 grant award to the City, the RHODES agree donate their interest in the second floor of the 112 South Main Street property and their interest in the entryway, staircase, and common hallway between the properties of 112 and 114 South Main Street, by Special Warranty Deed to the City, a copy of the draft deed is attached hereto as Exhibit A. In consideration of the donation, the City will provide a tax contribution letter using an The RHODES and the City desire to create public parking as an amenity to the renovations d. The RHODES desire the South Warehouse (111B) to be demolished as it has been deemed structurally unsound. The City desires to work with the RHODES to demolish the South Warehouse at the City's expense with the assistance of grants being awarded. The Parties acknowledge that the abatement and demolition project will require grants being provided to the City, however, the Parties acknowledge that this project will occur at a later time aftero or during thei revitalization ofthe main café and second flooro of112 South Main Street property. Nevertheless, the RHODES agree to donate theirinterest in the South Warehouse by Special Warranty Deed to the City within sixty (60) days of either the City receiving notice of award for an additional grant for asbestos mitigation or at the election of the RHODES at an earlier time, a copy of the draft deed is attached hereto as Exhibit B. The Parties agree that the North Warehouse (111A) has been deemed structurally sound but needing a new roof, as such the North Warehouse will not be demolished. The RHODES agree that they will complete roof repairs by December 315t, 2024, unless extended upon agreement of the Parties. The RHODES will apply and complete an application for Lamar Redevelopment Authority funding assistance for the new roof. The City, through the URA board, agrees. to provide financial or in-kind assistance of fifty percent (50%) of the cost to repair the North Warehouse roof in consideration of the projects expressed herein and properties that are being donated to the City. The RHODES agree to comply with all terms, conditions, and obligations of the Urban Renewal f. The Parties acknowledge that the City desires to surgically cut and demolish the non- historical section of the Main Café to create aj patio space behind the building. 2. AGREEMENTS. In consideration of the mutual covenants and promises of the Parties contained herein, and other valuable consideration, the receipt and adequacy of which are hereby  appropriate valuation.  on the Rhodes property where the South Warehouse is located.  Agreement.  acknowledged, the Parties hereby agree as set forth ini this Agreement: a. Inc consideration oft this Agreement, the City shall:  i. Have discretion to apply and use any and all appropriate grants or fundings sources available, in addition to funding available through the Capital Improvement Fund,    for the development costs associated with the demolition of the South Warehouse, including but not limited to architectural drawings, environmental surveys, structural reports, zoning adjustments, environmental abatement, and demolition. ii. Have discretion to apply and use any and all appropriate grants or funding sources available, in addition to funding available through the Capital Improvement Fund, for the development costs associated with the 2nd floor of the 112 and 114 South Main Street properties, including but not limited to architectural drawings, environmental surveys, structural reports, zoning adjustments, environmental iii. Have discretion to make necessary steps for and cover costs associated with the successful transfer of ownership of the 2nd floor of the Rhodes 112 South Main iv. Inc consideration for the RHODES donation of the South Warehouse property and the second floor of the 112 South Main Street property and joint interest in the entryway, staircase, and common! hallway, the City, through thel URA, shall provide financial assistance offifty percent (50%)ofthec cost to repair the North Warehouse roof. The RHODES will apply and complete an application to the Lamar Redevelopment Authority grant for the North Warehouse roofrepair and complete the repairs by December 31, 2024, unless extended upon agreement oft the Parties. The City recognizes that typical URA: awards are up to 20% ofthe project cost with ar maximum dollar amount of$20,000; however, the City agrees toj provide financial assistance of fifty percent (50%) of the cost to repair the North Warehouse roofi in consideration of the properties that are being donated to the City. V. The City shall grant to the RHODES a First Right of Refusal on the 2nd floor of the 112 South Main Street property upon the donation Special Warranty Deed by A. IfCity intends to sell and has received an offer or counter offer for the 2nd Floor of the 112 South Main Street property, City shall first send a written notice to the RHODES that shall contain the offer or counter offer received by the City. City shall provide a copy of the offer to purchase or acquire, or any executed purchase agreement, to RHODES which copy shall include, at ai minimum, the purchase or acquisition price and proposed closing date. Within twenty (20) days of receipt of such notice and copy of the offer, RHODES shall provide written notice to City of RHODES election to purchase the 2nd Floor of the 112 South Main Street property at the same price, provided, the closing date shall be no sooner than sixty (60) days after RHODES' purchase election notice. In such event, City agrees to sell the said property to RHODES subject to RHODES' payment of the purchase price and compliance with a purchase and sale agreement to be negotiated in good faith between City and RHODES. If RHODES provide written notice that it does not elect to exercise its right of first refusal, or if RHODES does not provide notice ofi its election within the twenty (20) day  abatement, demolition, and new construction.  Street and the South Warehouse property to the City.  the RHODES to the City, as stated more fully herein:    period, RHODES shall be deemed tol have waived such right of first refusal and suchi right shall lapse and be forfeited and shall have no further force or effect, which shall allow the City to thereafter be free and clear to sell said  property to a third party.  b. Therefore, in consideration of this Agreement, the Rhodes shall.  i. Inc consideration for the City's demolition of the South Warehouse property and URA assistance on North Warehouse roof, within sixty (60) days of the City receiving notice of being awarded the grant to proceed with this project, the RHODES shall donate and transfer to the City by Special Warranty Deed their ownership oft the 2nd floor of the 112 South Main Street Property and theiri interest in the entryway, staircase, and common hallway as well asi its contents. ii. Inc consideration for the City's demolition of the South Warehouse property and assistance on North Warehouse roof, within sixty (60) days of either the City receiving notice of award for an additional grant to proceed with this project or at the election of the RHODES at an earlier time, the RHODES shall donate and transfer to1 the City by Special Warranty Deed theirinterest ofthe South Warehouse iii. Deliver Special Warranty Deeds to the City, as provided for herein, with all property being transferred being free and clear of all encumbrances. iv. Work in good faith with the City regarding all property transfer, demolition and improvements, including but not limited to communication, development and the  and its contents.  engineers, developers, and  City's or City's agents, representatives, assigns, contractors' access to the RHODES property.  V. Ifthe City is approved fora a Brownfield Grant, within one hundred and twenty (120). days of such approval, RHODES shall apply and complete an application to the URA for assistance with the repair the roof on the North Warehouse building and complete the repairs by December 31, 2024, unless extended upon agreement of the Parties. The RHODES agree to comply with all terms, conditions, and  obligations of the Urban Renewal Agreement.  The Parties agree that the agreements outlined in this Agreement regarding property transfer, environmental abatement, and demolition are contingent upon the City successfully obtaining funds from the CDHPE 1306 Brownfield Clean Grant and the City of Lamar Capital Fund contribution. Further, acknowledge and agree that the process to 3. INDEMNIFICATION. Tot the fullest extent permitted by law, the RHODES shall defend, indemnify, assume any and all responsibility for and hold harmless the City, their commissioners, officers, employees, agents, representatives, contractors, assigns, affiliates, partners, and invitees ("City Representative"): against any and all liabilities, suits, judgments, settlements, obligations, fines, damages, penalties, claims; costs, charges and expenses, including, without limitation, for  acquire grants may take significant time to be approved.    attorney fees and costs which may be imposed upon or incurred by or asserted against the City by reason of or resulting from but not limited to any one or more of the following occurring during ora after the projects contemplated herein this Agreement: (i) any accident, injury (including death) or damage, on or about the premises or any part thereof the projects (ii) any accident, injury (including death) or damage to any person or property occurring in, on or about the projects as a result of the act or neglect of any City Representative, or (iii) any act or failure to act on the part of any City Representative while in, on or about the projects during the performance of this 4. REMEDIES. If any Party defaults hereunder, any non-defaulting Party may enforcement of the Agreement by any available remedy at law or in equity; provided, however, damages payable by the City shall be limited to those amounts that would have been payable under this Agreement. Ini no event shall the City be liable for special, consequential, or punitive damages. In addition, any non-defaulting Party may recover its reasonable costs and attorney fees. 5. NOTICES. Unless otherwise notified in writing by any Party, all notices required or permitted by this Agreement shall be in writing and shall be sufficiently given if delivered in person, by prepaid overnight express mail ore express courier to any Party or by certified mail, with  Agreement. -  seek  postage prepaid, return receipt requested and addressed:  In the case oft the City:  Community Development Director Attention: Anne-Marie Crampton 102 East Parmenter Street Lamar, Colorado 81052 Haley May Rhodes and Ashlynn Rhodes 110SN Main Lamar, Colorado 81052  Ini the case of Rhodes:  6. ENTIRE AGREEMENT; AUTHORITY NOT A PARTNER. The respective obligations oft the Parties to this Agreement constitute the only obligations oft the Parties under this Agreement. Notwithstanding any language in this Agreement or any other agreement, representation or warranty to the contrary, the City shall not be deemed to be a partner or joint venture of the RHODES and the City shall not be responsible for any debt or liability of the 7. ASSIGNMENT. This Agreement or any rights or interest in this Agreement may not be assigned or transferred by either Party without the prior written approval of the other Party. 8. BINDING EFFECT. The Agreement shall be binding upon and inure to the benefit of the Parties, their personal representatives, successors and assigns, but nothing herein shall permit the assignment or transfer of this Agreement without the prior written consent of the other Party. 9. JURISDICTION AND VENUE. Int the event ofl litigation hereunder, the Prowers County District Court sitting without a jury shall have exclusive jurisdiction and venue oft the case.  RHODES.    10. AMENDMENTS. This Agreement is the entire Agreement oft the Parties as to the subject matter herein and supersedes and replaces all prior agreements with respect to the subject matter 11. AUTHORITY. The persons executing this Agreement on behalfof Parties represent and warrant that each is fully authorized to bind such Party to all of the terms and conditions of this 12.GOVERNINGI LAW. This Agreement shall be construed and interpreted under the laws I.NOTHIRD-PARIY BENEFICIARIES. The City shall not be obligated or liable under 14.C CONSTRUCTION OF AGREEMENT. This Agreement has been arrived at by negotiation and shall not be construed against either party to it or against the party who prepared 15. SUFFICIENT TIME TO REVIEW. The RHODES acknowledge and agree that they have had sufficient time to review this agreement and consult with anyone they choose regarding 16. COUNTERPARIS. This Agreement may be executed in counterparts, each ofwhich will 17.NO WAIVER OF IMMUNITY. No term or condition of the Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions of the Colorado Governmental Immunity Act, C.R.S. $8 24-10- 18. APPROPRIATION. Any monetary obligation of the City of Lamar, Colorado is subject to appropriation as provided. by law. The Parties understand and acknowledge that the Agency is subject to Article X, $ 20 oft the Colorado Constitution ("TABOR"). The Parties do not intend to violate the terms and requirements OfTABOR by the execution oft this Agreement. Iti is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Agency are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Agency's current fiscal period ending on December 31 oft the current year and December 31 ofeach year thereafter. Financial obligations oft the Agency payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the City ofLamar, and other applicable law. Upon the  herein and may be amended only in writing fully subscribed by the Parties.  Agreement. ofColorado.  the terms ofthis Agreement to any person or entity not aj party hereto.  the last draft.  whether or not to enter into this Agreement.  be deemed an original and constitute the same instrument.  101,etseq.  failure to appropriate such funds, this Agreement shall be terminated.  IN WITNESS WHEREOF, this Agreement is executed by the City and RHODES as of this  Day of May, 2024.    RHODES:  City:  By: Hayley May Rhodes/Owner  By: Kirk Crespin/Mayor  Attest:  By: Ashlynn Rhodes/Owner  By: Linda Williams/City Clerk    EXHIBIT A  (Draft Second Floor of112 S Main) SPECIAL WARRANTY DEED  KNOW ALL MEN BY THESE PRESENTS, THAT HALEY MAY of 39818 County Road 7 LAMAR CO 81052, hereinafter called and referred to as "Grantor", and CITY OF LAMAR, COLORADO, al Home Rulel Municipal Charter, whose address is 102E E Parmenter St. Lamar, CO WITNESSETH, that said Grantor, for and in consideration of the sum ofTen and No/100. Dollars, to the said Grantor in hand paid by the said Grantee, the receipt whereofis hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the said Grantee, its heirs and assigns forever, all the following described lot or parcel of land, situate, lying in the County of Prowers and State of  81052, hereinafter called and referred to as Grantee".  Colorado, to wit:  Also known as: 112 South Main Street (2nd floor) Lamar, CO81052  TOGETHER with all and singular the appurtenances and privileges thereto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever ofthe Grantor, eitheri in law or equity, to the only proper use, behoofand benefit ofthe said Grantee, its successors, assigns, above personal and described, with the appurtenances, unto the said Grantee, their With all appurtenances and warrants the title to the same, subject to any and all mineral reservations ofrecord, taxes assessed for the year 2023 and subsequent years, easements or rights-  representatives and heirs forever. TO HAVE AND TO HOLD the  said premises heirs and assigns forever.  bargained  for roads,  telephone and electric lines and other utilities and to the burdens of  of-way  pipeline,  special districts and similar restrictions. Signed and delivered this  day of  2024. Grantor: HALEY MAY  STATE OF COLORADO ) COUNTY OF PROWERS ) 2024, by Haley May, Grantor. Witness my hand and official seal. My commission expires:  )ss.  The foregoing instrument was acknowiedged before me this  day of  Notary Public    EXHIBIT B (Draft South Warehouse) SPECIAL WARRANTY DEED  KNOW ALL MEN BY THESE PRESENTS, THAT HALEY MAY of 39818 County Road 7 LAMAR CO 81052, hereinafter called and referred to as "Grantor", and CITY OF LAMAR, COLORADO,al Home Rule Municipal Charter, whose addressi is 102 EI Parmenter St. Lamar, CO WITNESSETH, that said Grantor, for and in consideration of the sum ofTen and No/100 Dollars, tot the said Grantor in hand paid by the said Grantee, the receipt whereofis hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the said. Grantee, its heirs and assigns forever, all the following described lot or parcel of land, situate, lying in the County of Prowers and State of  81052, hereinafter called and referred to as "Grantee".  Colorado, to wit:  Also known as: 111B West Beech Street, Lamar, CO 81052  TOGETHER with all and singular the appurtenances and privileges thereto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever oft the Grantor, either in law or equity, to the only proper use, behoof and benefit oft the said Grantee, its successors, assigns, personal representatives and heirs forever. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said Grantee, their With all appurtenances and warrants the title to the same, subject to any and all mineral reservations ofrecord, taxes assessed for the year 2023 and subsequent years, easements or rights- of-way for roads, pipeline, telephone and electric lines and other utilities and to the burdens of  heirs and assigns forever.  special districts and similar restrictions. Signed and delivered this  day of  2024. Grantor: HALEY MAY  STATE OF COLORADO ) COUNTY OF PROWERS ) 2024, by Haley May, Grantor.  )ss.  The foregoing instrument was acknowledged before me this  day of  Witness my hand and official seal. My commission expires:  Notary Public    Agendal Item No. 2 Council Date: 05/23/2024  LAMAR CITY COUNCIL AGENDA ITEM COMMENTARY  ITEMTITLE: ChiefofPolice Recommendation INITIATOR: Rob Evans. City Administrator ACTION PROPOSED: Approve Recommendation  CITY ADMINISTRATORS REVIEW:  STAFF INFORMATION SOURCE: Rob Evans. City Administrator  BACKGROUND: mde_-amarsOrdmances, City Council appoints the ChiefofPolice upon thei recommendation This recommendation ist the result ofar national search which was conducted byl KRW. Associates. The City hosted four candidates last Thursday and Friday for at tour ofthe community, aj public reception and ani interview process.  ofthe City Administrator.  RECOMMENDATION: Approve the recommendation oft the new ChiefofP Police.