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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/19/2008 - SECOND READING OF ORDINANCE NO. 087, 2008, AUTHOR ITEM NUMBER: 11 AGENDA ITEM SUMMARY DATE: August19, 2008 FORT COLLINS CITY COUNCIL STAFF: Daylan Figgs Wally Cameron SUBJECT Second Reading of Ordinance No. 087, 2008, Authorizing the Lease of the Prairie Ridge Natural Area for Dryland Wheat Farming for up to Three Years. RECOMMENDATION Staff recommends adoption of this Ordinance on Second Reading. EXECUTIVE SUMMARY This Ordinance,unanimously adopted on First Reading on July 15,2008,authorizes the lease of the Natural Area owned j ointly by the Cities of Loveland and Fort Collins,located south of Fort Collins and west of Taft Hill Road. The property has been leased to the same tenant for eight years and will be used for rotational wheat crops. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - July 15, 2008. (w/o original attachments) ATTACHMENT ITEM NUMBER: 17 AGENDA ITEM SUMMARY DATE: July 15, Zoos FORT COLLINS CO ILA AFF: Daylan Figgs I Wally Cameron SUBJECT First Reading of Ordinance No.087,2008,Authorizing the Lease of the Prairie Ridge Natural Area for Dryland Wheat Farming for up to Three Years. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. The Land Conservation and Stewardship Board will consider this item at its regular meeting of July 9, 2008 and its recommendation will be forwarded to Council. FINANCIAL IMPACT -P, N The rent collected from this lease (approximately $2,750) will be paid to the City of Loveland for use in managing the property. Pursuant to the Intergovernmental Agreement of March 22, 2000, Loveland is the managing entity, and no lease management costs will be born by the City of Fort Collins. EXECUTIVE SUMMARY The Ordinance will authorize the lease of the Natural Area owned jointly by the Cities of Loveland and Fort Collins, located south of Fort Collins and west of Taft Hill Road. The property has been leased to the same tenant for eight years and will be used for rotational wheat crops. BACKGROUND Since the joint purchase of this property in March 2000, the property has been leased to the same tenant. The current lease, authorized by Ordinance No. 168, 2004, is expiring at the end of July 2008,and the tenant desires to lease the property for at least one more year. The proposed lease has provisions for two annual renewals at the request of tenant and approval by the Managing Entity (City of Loveland). July 15, 2008 -2- Item No. 17 The property consists of 758 total acres,but only 550 acres are used for rotational wheat crops,with 275 acres in crop production in a given year,with the remainder being fallow. The proposed lease requires a payment of $10 per acre for the planted acreage,and will terminate at the end of one year unless renewed for a maximutve'l a 1 Upon approval by the City ofand d the iP&14'�`ort C lins,the lease will be immediately executed with the tenant. ` • I ATTACHMENTS 1. Vicinity Map. _ " i �• tY ORDINANCE NO. 087, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE LEASE OF THE PRAIRIE RIDGE NATURAL AREA FOR DRYLAND WHEAT FARMING FOR UP TO THREE YEARS WHEREAS, the City of Fort Collins, Colorado (the "City") and the City of Loveland ("Loveland")jointly own a 785-acre property known as Prairie Ridge Natural Area, located south of the City of Fort Collins and west of Taft Hill Road, as described on Exhibit "A", attached and incorporated herein (the "Property"); and WHEREAS, the City and Loveland entered into an Intergovernmental Agreement("IGA") on March 22, 2000, regarding their joint ownership of the Property and related rights and responsibilities; and WHEREAS, the IGA provides that Loveland is the Managing Entity and is responsible for the management of the Property; and WHEREAS, Loveland staff has negotiated a lease agreement for dryland wheat farming on the Property, the form of which, entitled Dryland Farm Lease and dated July 15, 2008, is on file in the office of the City Clerk and available for public inspection(the "Lease Agreement'); and WHEREAS, the Lease Agreement provides that 550 acres of the 785 acre Property (the "Leased Premises") may be used for rotational wheat crops, with 275 acres in crop production annually, and with the remaining land being fallow; and WHEREAS, the term of the Lease Agreement is for one year at an annual rate of$10/acre for the acreage planted, with two annual renewals by approval of the Managing Entity; and WHEREAS,the revenue from the Lease Agreement will be paid to the Managing Entity for use in managing the Property; and WHEREAS,the Land Conservation and Stewardship Board unanimously recommended that the Council authorize the proposed lease at its July 9, 2008 meeting; and WHEREAS, under Section 23-111(a) of the Code of the City of Fort Collins, the Council is authorized to sell, convey or otherwise dispose of any and all interests in real property owned in the name of the City, provided that the Council first finds, by ordinance, that such disposition is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby finds that leasing the Leased Premises as provided herein is in the best interests of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute a lease agreement for the Leased Premises on terms and conditions consistent with this Ordinance, together with such additional terms and conditions or modifications as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City, including any necessary changes in the legal description of the Leased Premises, as long as such changes do not materially increase the size or change the character of the Leased Premises. Introduced, considered favorably on first reading, and ordered published this 15th day of July, A.D. 2008, and to be presented for final passage on the 19t y of August, A.D. 2008. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 19th day of August, A.D. 2008. Mayor ATTEST: City Clerk