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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/03/2006 - RESOLUTION 2006-002 AUTHORIZING AN INTERGOVERNMENT ITEM NUMBER: 17 AGENDA ITEM SUMMARY DATE: January 3, 2006 FORT COLLINS CITY COUNCIL STAFF: Bill Whirty SUBJECT Resolution 2006-002 Authorizing an Intergovernmental Agreement with Larimer County Regarding Block 31. RECOMMENDATION Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY Block 31 is the block on which c the Latimer Count Justice Center and jointly City/County/Count owned Y J Y Y Y Civic Center Park are located. This Resolution approves a new maintenance agreement regarding Block 31, superseding previous IGAs between the County and City. Previously, a joint account funded Block 31 maintenance activities,which account was filled by rental collections on the block. This account was dissolved when the Justice Center and Civic Center Park were developed due to the increased cost of maintaining the site and the changing circumstances. The proposed new IGA defines the operation and maintenance responsibilities of Block 31 between the City and the County. The City will be responsible for the day-to-day management and operation of Civic Center Park including turf and irrigation. The County will be responsible for litter, shrub and flower beds. A process to review event requests will be shared by both entities. Responsibility for major infrastructure repair or replacement of improvements, such as the fountains, will shared by both parties. RESOLUTION 2006-002 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY REGARDING BLOCK 31 WHEREAS,the City and Latimer County(the"County")each own portions of that certain property located in the city of Fort Collins,commonly referred to as Block 31 ("Block 31"),and are joint owners of certain portions of Block 31, namely, that area known as Civic Center Park; and WHEREAS, the City and the County have jointly developed a Civic Center Master Plan which establishes, as a planning tool, the various uses and developments that the parties seek to encourage and facilitate as a civic and government center in Fort Collins; and WHEREAS,the cooperative use of Block 31 is an integral part of the City's and the County's efforts to cooperatively plan,develop and implement the Civic Center Master Plan and related City and County facilities; and WHEREAS, in recent years the City and the County each have developed certain facilities that are included in the Civic Center Master Plan and located on Block 31, including the Larimer County Justice Center, public parking and Civic Center Park; and WHEREAS, the City and the County desire to continue to work cooperatively in meeting their respective space needs; and WHEREAS,the City and the County desire to enter into an intergovernmental agreement in substantially the form shown on Exhibit "A," attached hereto and incorporated herein by this reference(the"Agreement"), in order to establish their respective rights and obligations concerning the development, maintenance, operation and use of Block 31, and the existing and future improvements located thereon, and to provide for an equitable division of portions of Block 31 to permit the financing of development on the Block; and WHEREAS, the City and the County have previously entered into a series of agreements regarding the ownership,use and management of Block 31,the most recent of which was approved by the City Council in April 1998 with the adoption of Resolution No. 98-63 and will be terminated and replaced with the Agreement; and WHEREAS, the City and the County are authorized to enter into intergovernmental agreements to provide any function, service or facility as provided in Article H, Section 16 of the Charter of the City of Fort Collins and Section 29-1-203, C.R.S. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor is hereby authorized to enter into an intergovernmental agreement with Latimer County in substantially the form shown on Exhibit "A," attached hereto and incorporated herein by this reference, subject to such minor modifications in form or substance as the City Manager, in consultation with the City Attorney,may deem necessary or appropriate to protect the interests of the City or to effectuate the purposes of said agreement. Passed and adopted at regular meeting of the Council of the City of Fort Collins this 3rd day of January, A.D. 2006. Mayor ATTEST: City Clerk EXHIBIT "A" 04/06/2005 INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT, is made and entered into this 19U_0ay of Apri1,2005, and between the CITY OF FORT COLLINS, COLORADO, a Colorado home-rule mttpib ",arty ' (hereinafter referred to as the City),and the COUNTY OF L ` . . Y), ARIMER,COLORADO,a po��eah subdivision of the State of Colorado(hereinafter referred to as the @ County). WHEREAS, in accordance with an Intergovernmental Agreement by and betrdee 4 the parties hereto, dated April'7, 1998 (the "1998 IGA'), regarding generally that certain piopeoy ' located in the city of Fort Collins, commonly referred to as Block 31 (ABlock 31"), thin' es jointly own a portion of Block 31,more particularly described on Exhibit"A"attached' { atiii" incorporated herein by this reference(the"Joint Property l; and WHEREAS,pursuant to the 1998 IGA, the parties have continued to fund the operaGtion, maintenance and repair of the Joint Property through a Joint Account, and the City has been responsible for the day-to-day management,operation and maintenance of Civic Park and Parking Area located on the Joint Property,using funds in the Joint Account; and WHEREAS,other than the continued operation of the Joint Property,and the le " in the County Justice Center on Block 31 to the City for use for Municipal Court pin uses, an arrangement that is fully provided for and documented in a separate lease agreement by acid be6 the City and the County, the terms and requirements of the 1998 IGA have been satisfactorily performed and completed; and WHEREAS, in order to update the understandings of the parties regarding the,�n ink operation,maintenance and repair of the Joint Property,the parties have negotiated and'�nteittlo this Intergovernmental Agreement to supercede and replace the 19981GA; and WHEREAS,the parties are authorized to enter into intergovernmental agreements't6' i' vide any function,service or facility as provided in Article II,Section 16 of the Charter of the City ii&ort Collins and Section 29-1-203,C.R.S. NOW,THEREFORE,in consideration of the mutual promises contained herein,titl'd'6l w good and valuable consideration, the receipt and adequacy of which is hereby acknowledged,the City and the County agree as follows: 1. Joint Account. The existing Joint City/County Block 31 Restrictive Reserve Account(Joint Account)shall be dissolved. f, I. 2. Operation of Civic Park. 2.1. The City shall be responsible for carrying out the day4o-daymanagement and operation of the Civic Park, shown on Exhibit`B"attached hereto and incorporated herein by this reArvoce,as a City Park,in accordance with=the policies andpmc #pli6atlltbto City MResponsibilities for maintenance, repllacemoM and repsk ofthdAMVic'Park shall beas>>set 1011ow in Paragraph 4. 2.2 The City shall provide to the County notice of any application received for a spe event permit (pursuant to City Code W,C 23,z5)or a group event permit a t to Arktof City Code Chapter 23)on the lqjMPMporty,aod the Cowity shall pto*the Citywithin y two;', days if particular scheduling, area resmictioa�'or,other requirements are appropriate to mare.impacts of the proposed event,or of anygthelr conoem s of the County relatedto saidpe mit application. The City agrees to work in good faith with the Couptyandtltepermit applicant to issues . of concern to the County. 3. Operation and Maintenance OL Parking and Drive Amas. Lr The City shall be responsible for ca r "ylnglppj,#.m=da.V-W-4yimpuggmcnt,operation and maintenance, including but not limited to snow and ice removal, of the Parking Area and alleys wi dock 31,as shown on Exhibit"C"attsjhet} aW Wwpprated herein bythis reference. The it'y shall operate the Parking Area as aI City parking lot in accordance with the policies and prgc cures generally applicable to City parking areas,in,the downtown district. 4. Other Maintenance Repairs and Replacement Responsibilities. : 4.1. In addition to the maintenance responsibilities of the City pursuant to Paragraph 3, above.,,the City,at its cost,shall be responsille for: 4.1.1. all maintenance,including but not limited to snow and ice removal, sweeping and litter removal on all street level sidewalks around the perhneterofBloek 31 and on all sidewalks on property on Block 3t,owned.solelyby the City; 4.1.2. all maintenance of all turf areas on Block 31,including but not limited to mowing,weed control,irrigation,fertilization and fitter removal,and maintenance of signs aocated in the turf areas; 4.1.3. the Debra Passariello Memorial Garden, located oat:Countyuwned property in the northwestern portion of Block 31; and 4.1.4. irrigation of all planting beds on Block 31. 4.2. The County, at its cost, shall be responsible for. 4.2.1. all maintenance, including but not limited to snow and ice removal, sweeping and litter removal on all sidewalks and other hardscape areas on the Joint Property and on property owned solely by the County on Block 31,including but not limited to all steps and approaches to the County Justice Center facility not at street level and all archwoAt 4.2.Z all maintenance of planting,beds on Block 31, including but not limited to planting,pruning,weed and pest control,fertilization and litter removal; and 4.2.3. all maintenance of the fountain area in the interior of Block 31, including but not ftnited to the water works and the fountain structures. 4.3. Planned capital repair and replacement of hardscapes,parking lot,the fountain plaza area„and other infrastructure on the Joint Pro shall be manag ed edb the responsible for g Y PAY � maintenance of the particular improvements requiring replacement,after consultation with the other party3Odays in advance of commencement of such work.The costs of such repair and replacement shall be shared equally by the parties, unless otherwise agreed in advance. In the event of emergency repairs or replacement for which advance consultation is not practicable,the parties agree to work cooperatively and promptly to establish a mutually agreed apportionment of the costs of the emergency action. 5. Remainder of Joint Property and Block 31. This Agreement is not intended to govern or establish the rights or responsibilities of the Pa :rtsgarding or arising from those portions of Block 31 not addressed in this Agreement. 6. Private Use of Joint Property. ;Each party agrees that it shall at all times avoid and prevent the use ofBlock 31 property in a manner that would result in the failureafeither party to comply with the private use restrictions set forth in,the federal Internal Revenue Code,and any related regulations and policies,as the same may apply 19,;taxzexempt financing for and in connection with Block 31 property in existence at the time of the Agreement. 7. Notice. Whenever a notice is either required or permitted to be given,it shall be given in writing and delivered personally,or delivered by the postal service,certified mail,return receipt requested,to the otherparty at the address indicated below;or at such other address as may be designated by either ply. If to the City: City Manager City of Fort Collins 300 LaPorte Avenue P.O.Box 580 Fort Collins, Colorado 80522 If to the County. •,,;k ,County Manager Larimer County P.O.Box 1190 r Fort Collins,Colorado 80522 , : 8. LiabiH 8.1 The County shall be responsible for anyand all claims,damages,liability and court awards including costs,expenses and attorney feasincurred as a result of any action or omission of County or its officers,employees,and agents in connection with the performance of this Agreement. 8.2 The City shall be responsible for any,and all claim, damages,liability and court' awards,including costs,expenses, and attorney fees incurred as a result of any act or omission by City,or its officers,employees,and agents in connection with the performance of this Agromont, 8.3 Nothing in this Section 8 or any other provision of this Agreement shall bevoustrued as a waiver of the notice requirements,defenses,immunities,and limitations the CityorCountymay have under the Colorado Governmental Immunity Act(124-10-101,C.R.S.,et.seq.)ortoanyother defenses,immunities, or limitations of liability available to City or County by law. 9. Default/Remedies. 9.1 Except as otherwise provided herein,in the event either party should fail or refltse t<r perform according to the terms of this Agreement,such party may be declared in default thereof. 9.2 In the event a party has been declared in default hereof,such defaulting party shall be allowed a period of twenty(20)days,from receipt,of notice of said default from the nortdeWting party, within which to cure said default. In the event the default remains uncorredted;or gy ifi"n' "" event of a nonmonetary default, reasonable steps to cure said default have not been takeiriM&P diligently pursued, the non-defaulting party may,slect,to: (a) terminate this Agreement and;seer ' damages;(b)treat this Agreement as continuing and require specific performance;or(c)availitself' of any other remedy at law or equity. 10. Non-anaronriation. All .obligations of each party bacunder• are expressly contingent upon the aannuai appropriation of funds sufficient to carry out the same by the governing body of such party. 11. Assienment Neither City nor County may assign any rights or delegate any duties under this Agreement without the written consent of the other party. 12. Entire Agreement. A ^' This Agreement, along with all exhibits and other documents incorporated herein, shall constitute the entire agreement ofthe parties and supessedes.any prim agreement between the parties regarding joint ownership and occupatiotibMkick 31,including without limitation,the 1998 IGA, but does not supercede or in anyway impairkthe Municipal Court Lea,§& This Agreement shall inure to the benefit of their respective survivors, heirs, successors and;assigns. Covenants or representations not contained in this Agreement shall not be bindm �'8ie patties. 13. Law/Severability. This Agreement shall be govemed inidi respects by the laws of*Slate of Colorado. In the event any provision of this Agreement shall be held invalid or unenfoi6eable by inty court of competent jurisdiction,such holding shall not invalidate or render unenforceable any other provision' of this Agreement. 14. Attorneys- Fees. In the event that either party shall Windt under any of the provisions of this Agreement and the nondefaulting party shall commence and prevail in litigation to enforce this Agreement, the defaulting party shall be liable for all costs,expenses and reasonable attomeys fees incurred by the nondefaulting party concerning such litigation. [REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY] ` ».you �I I IN WITNESS WHEREOF,the es have executed this Ag reement greement on the day and year first above written. For the County: » COUNTY OF LARIMER,COLORADO �r'�" • • ,, apolitical subdivisionoftheStateofColorado A' fiGOUNl� SEAL By: it of C Ccarft sioners Approved as to legal form: Dep Jerk the Board t Assc Coun Attarnej For the City: THE CITY OF FORT COLLINS a Colorado home-rule municipality By: Mayor ATTEST: Approved as to legal form: City Clerk Assistant City Attorney S is 6 ii ff s f . S ♦ 1 s • . ♦ r ♦ • • . s ♦ s jq t7>a� 2Ep i • s ♦ s ♦ i�7K s s Hu 30 13 • s s • s • gg • • • 333 EEE s s s r 6Yf ♦ • ♦ p ;:. s s 4 ♦ 0 s ♦ • s s I • f s s � • . s f s s r • s . s + s • s s s s s r r s • ♦ s ♦ s s r ♦ s s • s • • ♦ s p/ s s s s ♦ • s s s s ♦ • s s s s s s • • r ♦ • • s + s ♦/f ♦ ♦ ♦ ♦ • f . r ♦ f r f s ♦ s r s . ♦ • s s s s s s s s s - s ♦ f • • ♦ ♦ • s ♦ • . s f s ♦ • s f r • • ♦ ♦ ♦ ♦ f ♦ s s ♦ s • • ♦ s ♦ s ♦ s s f ♦ • . . s s �g �, s . s f f • • ♦ ♦ ♦ . • . • s s ;� 11 bill s s ♦ • s • ♦ s s ♦ • ♦ + It f ♦ • f r • ♦ • ♦ r s • • • • Z • 666 • s s • • "• s s ♦ ♦ s s s • s ♦ ♦ ♦ 7!