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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/07/1998 - ITEMS RELATING TO BLOCK 31 AGENDA ITEM SUMMARY ITEM NUMBER: 29 A-B FORT COLLINS CITY COUNCIL DATE: April 7, 1998 STAFF: John Fischbach SUBJECT : Items Relating to Block 31. RECOMMENDATION: Staff recommends adoption of the Resolution and the Ordinance on Second Reading. EXECUTIVE SUMMARY: A. Resolution 98-63 Authorizing an Intergovernmental Agreement("IGA")Between the City of Fort Collins and Larimer County Relating to the Ownership, Development,Maintenance, Operation and Use of Block 31. • Since 1981,the City and the County have cooperated on the acquisition of land,master planning and construction of improvements on Block 31. This cooperation culminated in 1996 with the incorporation of Block 31 into the Downtown Civic Center Master Plan. In order for the City and County to go forward with the implementation of the Civic Center Master Plan, it is necessary to replace the existing November 20, 1984 Block 31 Intergovernmental Agreement with a new IGA which outlines the following: (1) City/County Division of Block 31 Ownership; (2)Development of Block 31; (3) Joint Property Maintenance and Utilities; (4)Use, Occupation and Maintenance of the Existing Improvements; and (5) Joint Development of Temporary Parking. The material terms of the agreement are discussed below: Section 1 Division of Ownership of Block 31 The City and County agree to convey to each other by quit claim deed certain parcels as shown on Exhibit"A" to the IGA. The division of the Block is based upon the City and County receiving approximately the same square footage. Section 2 Development of Block 31 (Exhibit`B"to the IGA) The County agrees to: 1) construct the Courthouse facility after an advisory review process under the City's land use development and zoning laws and • requirements; 2) pay all fees associated with construction of the courthouse facility and related improvements; DATE: April 7, 1998 2 ITEM NUMBER: 29 A-B 3) construct, at its own expense, a 4,100 square foot municipal courtroom plus a 1,000 square foot common waiting room adjacent to the municipal courtroom; 4) construct, at its own expense not to exceed $980,000, a park and sculpture garden, subject to City approval of design plans and specifications; and, 5) enter into a separate intergovernmental agreement to develop a joint parking structure on Block 21,with the County's share estimated to be $4,400,000. The total scale of the parking structure has not been determined at this time. Section 3 Joint Property Maintenance and Utilities 1) The existing Joint City/County Block 31 Restrictive Reserve Account shall continue to exist in its present form and continue to be maintained and administered by the City's Finance Department. The funds shall be used for costs and liabilities associated with the operation,maintenance or repair of: a) the existing improvements, as long as the existing improvements are occupied or used by the County without payment of rent to the City; and b) the joint property (Civic Center Park, Sculpture Garden and parking area as shown on Exhibit`B"to the IGA) on Block 31. 2) In the event the funds in the joint account are insufficient at any time, the City and County will contribute equally for necessary expenses. 3) The City shall be responsible for carrying out the day-to-day management, operation and maintenance of the joint property in accordance with City policies and procedures. Section 4 Use and Occupation of Existing Improvements 1) The City and the County will continue to share equally in the use of the existing improvements with no payment of rent until such time as the Certificate of Occupancy for the Courthouse has been issued. After the issuance of the Certificate of Occupancy for the Courthouse, the County agrees to pay market rent, to lease space in the existing improvements on Block 31. 2) The County agrees to lease to the City the municipal court space for a period of five years at no cost to the City. After the initial five-year term,the City shall pay market rent for the municipal court. Section 5 Joint Development of Temporary Parking The City agrees to develop and construct temporary alternative parking in the downtown Fort Collins area of up to 420 parking spaces,to replace parking displaced by construction. The County agrees to pay ''/z of the total cost of development and constructing the temporary parking. DATE: April 7, 1998 3 ITEM NUMBER: 29 A-B B. Second Reading of Ordinance No. 49, 1998, Authorizing the Conveyance of a Portion of • Block 31 in Fort Collins to Larimer County. In order for the County to obtain financing for its proposed Justice Center facility, the County must have control of the land on which the Justice Center is located. This property is currently owned jointly by the City and the County. Based upon the County's financing requirement, staff is recommending the conveyance of the City's undivided 50% interest in lots 13-29 and the vacated alley adjacent to Lots 18 through 23 all in Block 31, Fort Collins, Colorado by quit claim deed to Latimer County. This Ordinance. which was unanimously adopted on First Reading on March 17, 1998, is contingent on the final execution of the intergovernmental agreement outlined under Item A above, and has been revised slightly to clarify this contingency. • • RESOLUTION 98-63 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY REGARDING THE OWNERSHIP AND DEVELOPMENT OF BLOCK 31 IN FORT COLLINS WHEREAS,the City and the County are joint owners of that certain property located in the city of Fort Collins, commonly referred to as Block 31 ("Block 31"); 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 City and the County each have space requirements that are anticipated to result in the need for new construction of office and parking facilities, which facilities are included in the Civic Center Master Plan; and WHEREAS,the City and the County have worked cooperatively, and desire to continue to work cooperatively, in meeting and planning to meet their respective space needs; 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,the City and the County desire to develop Block 31 for various future civic uses, including a County Courthouse building with facilities for a municipal court, a civic park, and other uses; 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 existing and the 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 and amended an Intergovernmental Agreement between them regarding the ownership, use and management of Block 31, which agreement was most recently amended on November 20, 1984, which will be terminated and replaced with this 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 II, 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 be,and hereby is,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 Mayor, in consultation with the City Manager and the City Attorney, may deem necessary to effectuate the purposes of said agreement. Passed and adopted at regular meeting of the Council of the City of Fort Collins this 7th day of April, A.D. 1998. Mayor ATTEST: City Clerk Exhibit "A" INTERGOVERNMENTAL AGREEMENT • THIS AGREEMENT, is made and entered into this day of April, 1998, by and between the CITY OF FORT COLLINS, COLORADO, a Colorado home-rule municipality (hereinafter referred to as the"City"),and the COUNTY OF LARVAER,COLORADO,a political subdivision of the State of Colorado (hereinafter referred to as the"County"). WHEREAS, at the time of this Agreement,the City and the County are joint owners of that certain property located in the city of Fort Collins, commonly referred to as Block 31 ("Block 31 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 City and the County each have space requirements that the parties anticipate will result in the need for new construction of office and parking facilities, which facilities are included in the Civic Center Master Plan; and WHEREAS,the City and the County have worked cooperatively, and desire to continue to work cooperatively, in meeting and planning to meet their respective space needs; and • WHEREAS,the cooperative use of Block 31,as described in this Agreement, is an integral part of the parties' effort to cooperatively plan,develop and implement the Civic Center Master Plan and related City and County facilities; and WHEREAS,the City and the County desire to develop Block 31 for various future civic uses, including a County Courthouse building with facilities for a municipal court,a civic park, and other uses; and WHEREAS,the City and the County desire to enter into this Agreement in order to state their respective rights and obligations concerning the development, maintenance, operation and use of Block 31 and existing and future improvements located thereupon, 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 and amended an Intergovernmental Agreement between them regarding the ownership, use and management of Block 31, which agreement was most recently amended on November 20, 1984 (the "Prior Agreement"), which the parties intend to terminate and replace with this Agreement; and . April 1, 98 of Page 1 of 9 WHEREAS,the parties are authorized to enter into intergovernmental agreements to provide any function, service or facility as provided in Article I1, Section 16 of the Charter of the City of Fort Collins and Section 29-1-203, C.R.S. NOW,THEREFORE, in consideration of the mutual promises contained herein, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City and the County agree as follows: 1. Division of Ownership of Block 31. 1.1 The parties agree to convey to each other by quitclaim deed those certain portions of Block 31, as follows: A. As soon as reasonably practicable after the execution of this Agreement, the City agrees to convey to the County its fifty percent(50%)ownership interest in the following, as shown on Exhibit"A", attached hereto and incorporated herein by this reference: i. Lots 13 through 29; and ii. the entire alley adjacent to Lots 18 through 23. B. No later than October 1, 1998,the County agrees to convey to the City its fifty percent(50%) ownership interest in the following, as shown on Exhibit"A": i. Lots 1 through 7, and the easterly 150 feet of Lots 8 through 12; ii. Lots 40 through 47; and iii. the entire alley adjacent to Lots 1 through 7, and adjacent to Lots 40 through 47. 1.2 The following shall continue to be jointly owned by the parties,as shown on Exhibit "A" (the" Joint Property"): A. Lots 30 through 39, to include the entire adjacent vacated alley and westerly forty (40) feet of Lots 8 through 12; B. Lots 48 and 49, along with the entire alley adjacent to Lots 48 and 49; and C. Any other portions of Block 31 not otherwise referenced in this Section 1. April 1, 1998 Page 2 of 9 2. Development of Block 31. 2.1 The parties agree to use their best efforts to carry out the terms of this Agreement consistent with the Civic Center Master Plan,previously adopted and approved by each, as the same may from time to time be revised,amended or supplemented. The County agrees to construct the Courthouse facility in accordance with the City's land use development and zoning laws and requirements, except to the extent that the County Commissioners take appropriate action, as authorized under Section 31-23-209, C.R.S., to override a decision of the City relating to the planning and/or construction of the Courthouse facility. The County agrees to provide to the City on an ongoing basis throughout the construction process current information regarding the Courthouse facility plans and construction, including,without limitation, "as-built" drawings at the completion of construction. The County further agrees to pay all fees associated with construction of the Courthouse facility and related improvements in accordance with the City Code and Land Use Code, and related administrative policies. The City agrees that any such fees paid by the County pursuant to this Agreement shall be refunded by the City in the event that a court of competent jurisdiction determines that the County's agreement herein to the payment of such fees will result in an illegal use of County funds. The County agrees that it will not initiate or encourage the initiation of litigation to test the legality of this Section 2.1. 2.2. The County will construct, at its own expense and beginning no sooner than July 31, 1999, in the location identified on Exhibit "B" attached hereto and incorporated herein by this reference, a County courthouse, for use as County office space, and for County court and district court courtrooms and associated facilities,as well as for a municipal court courtroom and associated facilities to be available to the City under this Agreement for the City's use (the "Courthouse"). A. The parties agree that it is to the benefit of the citizens of Latimer County for the municipal court to be co-located with the county and district courts in the Courthouse. The County will include in the Courthouse a space adequate for the City's municipal court needs and associated uses,consisting of no fewer than Four Thousand One Hundred(4,100) square feet of usable space (the "Municipal Court Space"), no less than One Thousand (1,000) square feet of finished common public waiting area space adjacent to the Municipal Court Space, and will finish the Municipal Court Space in accordance with the City's specifications,up to a maximum finish cost of Twenty Two Dollars($22.00)per square foot. B. Any additional space desired by the City for the Municipal Court Space must be requested by the City no later than fifteen (15) days after receipt by the City of the County's proposed plan for the location and design of the Municipal Court Space, and the City shall pay to the County upon issuance of the certificate of occupancy for the Courthouse the construction and finish costs of any such additional space at a total rate of One Hundred and Sixty Seven Dollars ($167.00)per square foot of additional space. . April 1, 1998 Page 3 of 9 C. Within fifteen (15) days after receipt by the City of the County's proposed plan for the location and design of the Municipal Court Space,the City may request that the County provide tenant finish in the Municipal Court Space beyond that included in the base cost of Twenty Two Dollars($22.00)per square foot;provided,however,that the City shall pay to the County upon issuance of the certificate of occupancy for the Courthouse the difference between the base cost and the reasonable actual cost of such additional finish work. 2.3 The County will construct, at its own expense not to exceed [jNine Hundred and Eiiehty Thousand Dollars ($980 000.00)?]], a park and sculpture garden, as generally shown on the drawing attached hereto as Exhibit"B" (the"Civic Park"),subject to City approval of designs,plans and specifications therefor. The Civic Park shall be designed and intended for use by the public, and the improvements constructed therefor shall be jointly owned by the parties upon completion. The City, at its sole option, may at any time prior to [ insert date ], elect to design and construct the Civic Park,in whole or in part. In the event the City elects to design and construct the Civic Park, the County agrees to provide funding not to exceed [[Mine Hundred and Eighty Thousand Dollars ($980.000.00)?]] to the City for such design and construction, and to cooperate in coordinating the design and construction of the Civic Park with the design and construction of the Courthouse. 2.4 The County shall, along with construction of the Courthouse and Civic Park, construct at its own expense the Parking Area, shown on Exhibit `B", consistent with City's standards for parking areas in the downtown district on which the City's parking rules and regulations will be enforced. Each party shall be responsible for providing or arranging for adequate parking in connection with such parry's facilities on Block 31, and shall provide sufficient parking to meet the requirements of the City Land Use Code. The parties shall share equally the responsibility for providing parking required in connection with the Civic Park,if parking in addition to the Parking Area is required at any time. The parties acknowledge and agree that the development of a joint parking structure on Block 21, immediately to the east of Block 31, intended to meet in whole or in substantial part the parking obligations of the County in connection with the Courthouse development(the"Parking Structure',will be addressed in a separate intergovernmental agreement. 3. Joint Property Maintenance and Utilities. 3.1 The existing Joint City/County Block 31 Restrictive Reserve Account ("Joint Account") shall continue to exist and be maintained under the administrative control of the City's Finance Department. The funds in the Joint Account shall be available for expenditure for costs and liabilities associated with the operation, maintenance or repair of the Joint Property, and for costs and liabilities associated with the operation,maintenance or repair of the improvements existing on Block 31 as of the date of this Agreement ("Existing Improvements"), so long as the Existing Improvements are occupied or used by the County without payment of rent to the City. April 1, 1998 Page 4 of 9 3.2 In the event the funds in the Joint Account are insufficient at any time to reasonably fulfill the purposes for which said Joint Account is dedicated, the parties shall contribute equally to the Joint Account as necessary to provide for the same. 3.3 The City shall be responsible for carrying out the day-to-day management, operation and maintenance of the Civic Park in accordance with the policies and procedures generally applicable to City Parks. 3.4 The City shall be responsible for carrying out the day-to-day management, operation and maintenance of the Parking Area, shown on Exhibit `B, in accordance with the policies and procedures generally applicable to City parking areas in the downtown district. 4. Use. Occupation and Maintenance of the Existing Improvements. 4.1 It is the intent of the parties that they shall continue to share equally in the use of the Existing Improvements with no payment of rent until such time as the certificate of occupancy for the Courthouse has been issued. The parties acknowledge and agree that written leases documenting the County's occupation of Existing Improvements will be required once the same become the sole property of the City. 4.2 The County agrees to lease to the City the Municipal Court Space for a period of five (5)years beginning upon the issuance of the certificate of occupancy for the Courthouse(the"Initial • Term"), at no charge to the City, except that the City shall pay to the County any actual direct costs incurred by the County as a result of the operation of the municipal court after normal business hours of the Courthouse. 4.3 No less than eighteen (18) months prior to the expiration of the Initial Term, the County shall propose to the City a lease agreement extending the City's lease of the Municipal Court Space for an additional five(5)year term,or in the alternative shall provide to the City written notice that the Municipal Court Space will no longer be available for City use. Unless otherwise agreed by the parties,any lease by the City of the Municipal Court Space after the Initial Term shall provide for payment by the City of the average fair market lease rate for comparable lease space in downtown Fort Collins,taking into account the reasonable costs for routine cleaning, maintenance, and costs attributable to extended hours of operation, if any, but excluding utility costs. 5. Joint Development of Temporary Parking. The City agrees to develop and construct temporary alternative parking in the downtown Fort Collins area on Blocks 22,32,and 33,to consist of no fewer than 420 parking spaces,to be available at such time as parking in the LaPorte America lot on Block 21 is displaced, and until the Parking Structure is available for use (the"Temporary Parking"). The County agrees to pay to the City in exchange for providing the Temporary Parking at the time such Temporary Parking becomes • April 1, 1998 Page 5 of 9 available for use, an amount equal to one-half(1/2) the total cost to the City of developing and constructing such Temporary Parking in accordance with the City's standards for parking areas in the downtown district on which the City's parking rules and regulations will be enforced, and including internal service costs of the City, provided, however, that the County's obligation hereunder shall not exceed Three Hundred and Ninety Three Thousand Five Hundred Dollars ($393,500.00). The City agrees to coordinate with the County, and the County agrees to cooperate with the City, in the development of efficient, cost-effective Temporary Parking. 6. Private Use of Block 31 Property. Each party agrees that it shall at all times avoid and prevent the use of Block 31 property in a manner that would result in the failure of either parry 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 to tax-exempt 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 other parry 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: County Manager Larimer County P.O. Box 1190 Fort Collins, Colorado 80522 8. Lia ' ' . 8.1 The County shall be responsible for any and all claims, damages, liability and court awards including costs,expenses and attorney fees incurred as a result of any action or omission of County or its officers,employees,and agents in connection with the performance of this Agreement. April 1, 1998 Page 6 of 9 8.2 The City shall be responsible for any and all claims, 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 Agreement. 8.3 Nothing in this Section 8 or any other provision of this Agreement shall be construed as a waiver of the notice requirements, defenses,immunities,and limitations the City or County may have under the Colorado Governmental Immunity Act(§24-10-101, C.R.S., et. seq.) or to any other 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 refuse to 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 nondefaulting parry, within which to cure said default. In the event the default remains uncorrected, the non- defaulting party may elect to: (a) terminate this Agreement and seek damages; (b) treat this Agreement as continuing and require specific performance; or(c ) avail itself of any other remedy at law or equity. 10. Non-appropriation. i� All obligations of each party hereunder are expressly contingent upon the annual appropriation of funds sufficient to carry out the same by the governing body of such party. 11. Assignment 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. This Agreement, along with all exhibits and other documents incorporated herein, shall constitute the entire agreement of the parties, and shall inure to the benefit of their respective survivors, heirs, successors and assigns. Covenants or representations not contained in this Agreement shall not be binding on the parties. 13. Law/Severability. This Agreement shall be governed in all respects by the laws of the State of Colorado. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of April 1, 98 Page 7 of 9 competent jurisdiction,such holding shall not invalidate or render unenforceable any other provision of this Agreement. 14. Attorueys' Fees. In the event that either party shall default under any of the provisions of this Agreement and the nondefaulting party shall commence litigation to enforce this Agreement, the defaulting party shall be liable for all costs, expenses and reasonable attorneys' fees incurred by the nondefaulting party concerning such litigation. IN WITNESS WHEREOF,the parties have executed this Agreement on the day and year first above written. For the County: COUNTY OF LARIMER,COLORADO A political subdivision of the State of Colorado By: Cheryl Olson, Chair Board of County Commissioners ATTEST: Approved as to legal form: Deputy Clerk of the Board County Attorney April 1, 1998 Page 8 of 9 • For the City: THE CITY OF FORT COLLINS a Colorado home-rule municipality By: Ann Azari, Mayor ATTEST: Approved as to legal fort: City Clerk Assistant City Attorney April 1, 1998 Page 9 of 9 Exhibit A Division of Ownership of Block 31 i • LAPORTE AVE iZ4iiiiiiiii iiii :23: : $2: -- ........................... _:._:._. . . . . . - - - . .............................. ..:.. ........................... •�•r•r•r•r•r•r•r•r•r•r•r•J•J• r• � • ' ti .y.ti.y.ti.ti.y.y.L.y.ti.ti.ti.ti.ti 1..• :. .:• . .:. .r•r•r•J•r•r•r•r•r•r•r•J•J•J• •r. :... • r•r•r•r•r•r•r•r•r•r•r•J• r• .• t tirti•ti•ti•~•ti•ti•ti•ti•ti•ti•1•yti•ti ��• •• •• •.• - --`-- --------------- - .r•r•r.J•r•r•r•r•r.r.r•r•r•r• _ { • {.{.{.{.{.. .r. .r.r.r.r.r•r. .rti '- ----- - ____ 1.ti•4..•.•••ti.1.1•ti•y 1•ti .':•:'.; ........................... 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' { L.y.ti.ti.y.ti.ti.t.ti.ti.ti.ti.ti.ti.ti ti.ti ti.ti.ti. :,:::....•.:.:.:.:.::::r ti.y.y ':•.::i::•::::a:::::::?::�::::r:r': :•};l r•r•r• `� u-�.�_e:wb..::�:__a i �•r•r .. •.yR 1. emu:.{.it:::::;:5a%.+:• MOUNTA17VAVE Lot Lines Parcel • County City 100 0 100 200 Feet �.� �. Joint J{'4 MINE__ _ PON ammiLa un �- _Ili• - � ory � ' �� . . I iad! old �Raw, OF li� �,oY,1A'w;fB:a17�'1; Wo 5 aet•� i,.r �aR�rrr�. o r � A .��®stagy®■®�■■®:���®u�a■■■■■�� .+j" j�l ��t+Nt7/mlCg�IFm■IBI■W�w.me��r,*a� {r� III�� Oakwilliffifiliff ■■1 la■ ME ■...... 01111111 nonl:mi Nis EMIL ORDINANCE NO. 49, 1998 • OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PORTION OF BLOCK 31 IN FORT COLLINS TO LARIMER COUNTY WHEREAS, the City of Fort Collins and Latimer County each own an undivided fifty percent (50%) interest in Lots 13 through 29 and the vacated alley adjacent to Lots 18 through 23 all in Block 31, Fort Collins. Colorado, as shown on the current plat for Block 31 ("the Property"); and WHEREAS, Larimer County is in the process of arranging for tax-exempt financing of the construction of the Justice Center on the Property; and WHEREAS,in connection with such financing,it is necessary for the County to have control over the Property; and WHEREAS, the City and County are in the process of negotiating an intergovernmental agreement setting forth the property interests to be exchanged and related terms and conditions in connection with the development and future use of Block 31; and WHEREAS, as a part of that agreement,the City has agreed to convey to the County by quit claim deed its fit,percent (50%) interest in the Property to Latimer County, Colorado; and WHEREAS,the prompt conveyance of the Property to the County will assist the County in finalizing and proceeding with the financing arrangements for the Justice Center project; and WHEREAS, Section 23-111 of the City Code requires that the Council authorize the sale, conveyance or other disposition of any and all interests in real property owned in the name of the City and first find,by ordinance,that such sale or other 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 City Council hereby finds that the conveyance of the City's undivided fifty percent(50%) interest in Lots 13 through 29 and the vacated alley adjacent to Lots 18 through 23, all in Block 31, Fort Collins, Colorado, as shown on the current plat for Block 31 ("the Property") to Larimer County, Colorado is in the best interests of the City. Section 2. That the Mayor be, and hereby is, authorized to execute such documents or conveyances as may be necessary for the City to quitclaim and convey the Property to Larimer County, Colorado;provided,however,that this authority is expressly contingent upon, and subject to, the Council's final approval and final execution by both';the City and the 09imty of an intergovernmental agreement setting forth the relative rights and responsibilities of the City and the . County with respect to Block 31. Introduced, considered favorably on first reading, and ordered published this 17th day of March, A.D. 1998 and to be presented for final passage on the 7th day of April, A.D. 1998. Mayor ATTEST: City Clerk Passed and adopted on final reading this 7th day of April,A.D. 1998. Mayor ATTEST: City Clerk