HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/19/2008 - RESOLUTION 2008-074 AUTHORIZING AN INTERGOVERNMENT ITEM NUMBER: 28
AGENDA ITEM SUMMARY DATE: August 19, 2008
FORT COLLINS CITY COUNCIL STAFF: Helen Matson
J. R. Schnelzer
SUBJECT
Resolution 2008-074 Authorizing an Intergovernmental Agreement Between the City and the Fort
Collins Regional Library District to Lease Back Library Park to the City of Fort Collins.
RECOMMENDATION
Staff recommends adoption of this Resolution.
FINANCIAL IMPACT
The annual cost to operate and maintain Library Park is estimated to be $58,000. This amount is
available in the approved budget for Parks for 2009.
EXECUTIVE SUMMARY
In December 2007, the City, Latimer County and the Library District entered into an
Intergovernmental Agreement("IGA")detailing distribution of City-owned assets used to provide
library services to the Library District. Under this IGA, the City agreed to convey a portion of
Library Park to the Library District along with the Main Library building. The Library District
agreed its portion of Library Park will still be used as a park until the Library District needs the land
for other purposes. The Library District asked if the City would be willing to continue to manage
Library Park during the interim period.
BACKGROUND
An Intergovernmental Agreement was signed in December 2007 between the City,Larimer County
and the Library District detailing distribution of City-owned assets used to provide library services
to the Library District. As part of the IGA,the City agreed to convey the Main Library building and
approximately 3/4 of Library Park to the District. Staff anticipates that this conveyance will be
completed in the next few months.
Under the IGA, the District agreed that the portion of Library Park being conveyed to the District
could still be used as a public park,including being used for special events like New West Fest,until
the District decides to do something else with the property. Recently, Library staff asked if the City
would continue to operate and maintain all of Library Park as a City park after the District takes
ownership of its portion of the Park. It was decided that the best way to do this would be for the
August 19, 2008 -2- Item No. 28
District to lease back to the City its portion of Library Park. Because a lease will give the City a
property interest in the Park, Parks Department policies and the City Code provisions applicable to
parks and recreation areas and to special event permitting will still apply to all of Library Park.
Under the proposed lease agreement, the City will continue to operate and maintain all of Library
Park at the City's expense. The cost to operate and maintain the entire Park, including electricity
for the lighting in the Park, is approximately $58,000. If the District would like any upgrades or
improvements to the existing fixtures or landscaping, the City will provide those items at the
District's expense.
The lease will renew automatically for successive one year terms unless terminated by either the
City of the District. Because this lease arrangement was not contemplated in the 2007 IGA, and the
cost of the lease to the City over the potential life of the lease is greater than $50,000, staff is
seeking Council approval of the lease as an IGA.
ATTACHMENTS
1. Location Map.
Library Park Location Map
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RESOLUTION 2008-074
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY AND THE FORT COLLINS REGIONAL LIBRARY DISTRICT
TO LEASE BACK LIBRARY PARK TO THE CITY OF FORT COLLINS
WHEREAS, on December 4, 2007, the Council approved Ordinance No. 139, 2007,
which authorized the final Intergovernmental Agreement ("2007 IGA") between the City,
Latimer County and the Regional Library District ("District"); and,
WHEREAS, under the 2007 IGA, the City agreed to convey to the District a number of
library-related assets, including a portion of Library Park as described in attached Exhibit "A"
(the "District Park Property") and the Main Library Building; and
WHEREAS, the City will retain ownership of the remaining portion of Library Park and
the Carnegie Building, which currently houses the Fort Collins Museum; and,
WHEREAS, in the 2007 IGA, the District agreed that the District Park Property will still
be used as a public park, including being available for special events, until the District has
another use for this property; and
WHEREAS, the District has asked that the City Parks Department continue to operate
and maintain all of Library Park after the District Park Property is conveyed to the District; and
WHEREAS, after further discussion, City staff and District staff concluded that the best
way to achieve this goal would be for the District to lease the District Park Property back to the
City after the City conveys it to the District; and
WHEREAS, under the terms of the proposed lease, the City would continue to operate,
manage and maintain all of Library Park at the City's expense, although the District would
reimburse the City for any upgrades or changes to the existing fixtures and landscaping that the
District might want; and
WHEREAS, the estimated annual cost to maintain the entire Park is $58,000 and this
expense is included in the approved budget for the Parks Department; and
WHEREAS, the lease would automatically renew for successive one year periods until
terminated by either party; and
WHEREAS, Section 29-1-203 C.R.S., authorizes governmental entities to cooperate and
contract with one another in order to provide any function, service, or facility lawfully permitted
to each if such a contract is properly authorized by each party thereto; and
WHEREAS, the City is authorized to enter into intergovernmental agreements to provide
any function, service or facility, pursuant to Article II, Section 16 of the Charter of the City of
Fort Collins and City Code Section 1-22; and
WHEREAS, this lease-back arrangement was not contemplated in the 2007 IGA; and
WHEREAS, pursuant to Section 1-22 of the City Code, because the lease is an agreement
between the City and another governmental entity that would require a City expenditure of more
than $50,000, it must be reviewed and approved by the Council as an intergovernmental
agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the Council hereby finds that leasing back Library Park from the
District as provided herein is in the best interests of the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to enter into a lease agreement with
the District in substantially the form as is on file in the City Clerk's Office and dated August 15,
2008, with such amendments or modifications as the City Manager may, in consultation with the
City Attorney, determine are necessary or appropriate to protect the interests of the City or to
advance the objectives set forth herein. This may include any necessary changes to the legal
description of the property to be leased, so long as such changes to not materially increase the
size or change the character of the property to be leased by the City from the District.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
19th day of August A.D. 2008.
Mayor
ATTEST:
City Clerk
EXHIBIT "A": Page 1 of 4
DESCRIPTION OF THE LIBRARY PARK
A tract of land located in the Southwest quarter of Section 12,
Township 7 North, Range 69 West of the Sixth Principal Meridian,
City of Fort Collins, Larimer County, Colorado, the said tract is
also located in Block 142 of the City of Fort Collins and is also
located in the vacated Lincoln Place, being more particularly
described as follows;
Considering the north line of the said Block 142 of the City of
Fort Collins as bearing South 89 degrees 38 minutes 31 seconds
East, based upon the City of Fort Collins coordinate base and
G. P. S. observation;
Commencing at the Northwest corner of Block 142, City of Fort
Collins, the said northwest corner is also the TRUE POINT OF
BEGINNING of this description;
THENCE along the said north line of Block 142, South 89
degrees 38 minutes 31 seconds East for a distance of 499 . 86 feet
to the NE corner of said block 142;
THENCE along the East line of said block 142, South 00
degrees 15 minutes 54 seconds West for a distance of 400 . 02 feet
to the SE corner of said block 142;
THENCE along the South line of said block 142, North 89
degrees 39 minutes 26 seconds West for a distance of 264 . 19 feet
to the east line of the proposed property to be retained by the
said City of Fort Collins;
THENCE along the East and North lines of the said property
to be retained the following fourteen (14) courses and
distances, (1) North 00 degrees 14 minutes 21 seconds East for a
distance of 48 . 72 feet;
(2) along a tangent curve to the left having a radius of
27 . 00 feet and an arc length of 42 . 36 feet, being subtended by a
chord of North 44 degrees 42 minutes 05 seconds West for a
distance of 38 . 14 feet;
(3) North 89 degrees 38 minutes 31 seconds West for a
distance of 8 . 14 feet;
(4 ) North 00 degrees 14 minutes 21 seconds East for a
distance of 61 . 81 feet;
(5) South 89 degrees 38 minutes 31 seconds East for a
distance of 17 . 18 feet;
(6) North 00 degrees 14 minutes 21 seconds. East for a
distance of 27 . 46 feet;
(7) North 89 degrees 38 minutes 31 seconds West for a
distance of 17 . 18 feet;
EXHIBIT "A" Page 2 of 4
(8) North 00 degrees 14 minutes 21 seconds East for a
distance of 14 . 48 feet;
(9) North 89 degrees 38 minutes 31 seconds West for a
distance of 47 . 78 feet;
(10) North 00 degrees 14 minutes 21 seconds East for a
distance of 71 . 76 feet;
(11) North 52 degrees 07 minutes 05 seconds West for a
distance of 40 . 68 feet;
(12 ) North 89 degrees 38 minutes 31 seconds West for a
distance of 35 . 59 feet;
(13) South 00 degrees 14 minutes 21 seconds West for a
distance of 22 . 92 feet;
(14) North 89 degrees 3B minutes 31 seconds West for a
distance of 84 . 82 feet to the West line of said block 142;
THENCE along the said west line of Block 142, North 00
degrees 14 minutes 21 seconds East for a distance of 147 . 06 feet
to the point of beginning. Containing 148, 628 square feet more or
less gross area.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED TRACT OF LAND,
CONTAINING THE MAIN LIBRARY;
With the above described basis of bearings;
Commencing at the Northwest corner of the said Block 142,
City of Fort Collins;
THENCE along the said north line of Block 142, South 89
degrees 38 minutes 31 seconds East for a distance of 414 . 86 feet;
THENCE leaving the said north line, South 00 degrees 15
minutes 54 seconds West for a distance of 81 . 60 feet to the TRUE
POINT OF BEGINNING of this description;
THENCE South 00 degrees 15 minutes 54 seconds West for a
distance of 25 . 85 feet;
THENCE South 89 degrees 38 minutes 31 seconds East for a
distance of 25 . 84 feet;
THENCE South 00 degrees 15 minutes 54 seconds West for a
distance of 29 . 12 feet;
THENCE North 89 degrees 38 minutes 31 seconds West for a
distance of 25 . 84 feet;
THENCE South 00 degrees 15 minutes 54 seconds West for a
distance of 99. 98 feet;
THENCE South 89 degrees 38 minutes 31 seconds East for a
distance of 25 . 84 feet;
THENCE South 00 degrees 15 minutes 54 seconds West for a
distance of 54 . 99 feet;
EXHIBIT "A" Page 3 of 4
THENCE North 89 degrees 38 minutes 31 seconds West for a
distance of 55 . 02 feet;
THENCE North 00 degrees 15 minutes 54 seconds East for a
distance of 25 . 83 feet;
THENCE North 89 degrees 38 minutes 31 seconds West for a
distance of 25 . 79 feet;
THENCE North 00 degrees 15 minutes 54 seconds East for a
distance of 25 . 77 feet;
THENCE North 89 degrees 38 minutes 31 seconds West for a
distance of 25. 81 feet;
THENCE North 00 degrees 15 minutes 54 seconds East for a
distance of 25 . 81 feet;
THENCE North 89 degrees 38 minutes 31 seconds West for a
distance of 25. 66 feet;
THENCE North 00 degrees 15 minutes 54 seconds East for a
distance of 25 . 84 feet;
THENCE North 89 degrees 38 minutes 31 seconds West for a
distance of 25. 75 feet;
THENCE North 00 degrees 15 minutes 54 seconds East for a
distance of 54 . 83 feet;
THENCE South 89 degrees 38 minutes 31 seconds East for a
distance of 25 . 75 feet;
THENCE North 00 degrees 15 minutes 54 seconds East for a
distance of 26. 01 feet;
THENCE South 89 degrees 38 minutes 31 seconds East for a
distance of 25 . 86 feet;
THENCE North 00 degrees 15 minutes 54 seconds East for a
distance of 25. 85 feet;
THENCE South 89 degrees 38 minutes 31 seconds East for a
distance of 80 . 78 feet to the point of beginning. Containing
21305 square feet more or less.
The above described Library Park contains a net area of 127, 323
square feet more or less .
The above described tract is subject to all easements and rights
of ways now existing or of record.
I hereby state that the above description was prepared by me and
is true and correct to the best of my professional knowledge,
belief and opinion.
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LICENSE TO ENTER FOR LINCOLN PLACE
VACATED BY
ACCESS AND PARKING ORDINANCE NO. RESERVED UTILITY EASEMENT
9,952 SQ.FT. 82_2008 7,767 SQ.FT.
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OLIVE STREET
Course Bearing Distance Course Bearing Distance
Ll S 00'15'54' W 25.85' L23 S 89,38,31, E 84.82'
L2 S 89'3B'31' E 25.84' L24 N 00'14'21' E 22.92'
L3 S 00.15'54' W 29.12' L25 S 89'38'31' E 35,59'
L4 N 89.38'31' W 25.84' L26 S 52.07'05' E 40.68'
L5 S 00'15'54' W 99.98, L27 S 00.14'21' W 71.76'
L6 S 89°38'31' E 25.84' L28 S 89'38'31' E 47.78'
L7 S 00'15'54' W 54.99' L29 S 00.14'21' W 14.48'
L8 N 89'38'31' W 55.02' L30 S 89.38'31' E 17.18'
L9 N 00'15'54' E 25.83' L31 S 00'14'21' W 27.46'
L10 N 89*38131' W 25.79' L32 N 89'38'31' W 17,18'
LI1 N 00'15'54' E 25.77' L33 S 00.14'21' W 61.81'
L12 N 89'38'31' W 25.81' L34 S 89'38'31' E 8.14'
L13 N 00'15'54' E 25.81' L35 S 00'14'21' W 48.72'
L14 N 89'38'31' W 25.86' L36 N 89'39'26' W 235.49'
L15 N 00'15'54' E 25.84' L37 N 00.14'21' E 253409'
L16 N 89'38'31' W 25.75' Curve Radius Length Chord Chord Bear,
L17 N 00'15'54' E 54.83' Cl 27.00' 42.36' 38.14' S 44°42'05' E
LIS S 89'38'31' E 25.75'
L19 N 00'15'54' E 26.01'
L20 S 89'38'31' E 25.86'
L21 N 00'15'54' E 25,85' I
L22 S 89.38'31' E 80,78' 1