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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/17/2009 - RESOLUTION 2009-018 AUTHORIZING THE GRANT OF A LIC 4 ITEM NUMBER: 16 AGENDA ITEM SUMMARY DATE: February 17, 2009 FORT COLLINS CITY COUNCIL STAFF: Helen Matson SUBJECT Resolution 2009-018 Authorizing the Grant of a License to Enter to the Poudre River Public Library District. RECOMMENDATION Staff recommends adoption of this Resolution FINANCIAL IMPACT There are no costs to the City associated with granting this License to Enter to the Poudre River Public Library District. EXECUTIVE SUMMARY The City negotiated an agreement to construct the new Southeast Branch Library ("SE Library") with Front Range Retail Company("FRRC") as part of the Front Range Village Shopping Center. This unit will be conveyed to the City once the SE Library is substantially complete. Prior to the execution of the agreement with FRRC, the City and the Poudre River Public Library District, formerly known as the Fort Collins Regional Library District ("District') entered into an Intergovernmental Agreement("IGA")which specified that the City would convey the SE Library to the District when the SE Library was fully completed and all payments have been made to FRRC. There is an expected gap of 4-6 weeks between the two closing dates. This License is necessary so that the District has time to prepare for its planned opening date of March 28, 2009. BACKGROUND An IGA was signed in December 2007 between the City, Larimer County and the District detailing distribution of City-owned assets used to provide library services to the District. Included in this IGA was an agreement between the City and the District regarding the SE Library. This IGA states that the City will convey the SE Library to the District when the SE Library unit is complete, a Certificate of Occupancy has been issued, and the City has made final payment to FRRC. The City negotiated a Library Construction and Purchase Agreement with FRRC for the new SE Library. This Agreement was dated January 3, 2008. The SE Library is part of a common interest planned community and part of the Front Range Village Shopping Center. This agreement specifies February 17, 2009 -2- Item No. 16 that FRRC will convey ownership to the City once the SE Library is substantially complete. The estimated date for this closing is around February 12, 2009. The City is currently allowed to be on the SE Library property under an Early Entry License Agreement with FRRC, dated September 15, 2008. The District has set an opening date for the SE Library as March 28,2009. There is much work that needs to be completed by the District prior to opening. This License to Enter grants the District the right to enter the SE Library for the purpose of preparing the SE Library for opening. These activities would include setting up, stocking and organizing library equipment, materials and supplies, installation of library technology and related uses. This revocable License to Enter would not include the right to open the SE Library to the public. The District would initially be a sublicensee of the City under the City's License Agreement with FRRC, and then would be a licensee of the City after the City takes title to the SE Library. RESOLUTION 2009-018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE GRANT OF A LICENSE TO ENTER TO THE POUDRE RIVER PUBLIC LIBRARY DISTRICT WHEREAS, the City and Front Range Retail Company, L.L.C. ("FRRC") entered into a Library Construction and Purchase Agreement dated January 3, 2008 (the "Construction Agreement"); and WHEREAS,the Construction Agreement calls for the City and FRRC to collaborate on the construction of the new Southeast Branch Library (the "Library") at the Front Range Village shopping center; and , WHEREAS,the Library will be a unit in a common interest planned community located at 2721 Council Tree Avenue, currently known as Building 400, Front Range Village, located on a portion of Lot 13 according to the First Replat of Subdivision of Front Range Village, Fort Collins, Colorado; and WHEREAS,under the terms of the Construction Agreement,FRRC will convey ownership of the Library to the City when the interior finish of the Library is substantially complete, which is expected to happen around February 12, 2009; and WHEREAS, FRRC has authorized the City to be on the Library property to complete the interior finish through an Early Entry License Agreement, dated September 15, 2008 ("the FRRC License Agreement"); and WHEREAS,the City,the County and the Poudre River Public Library District(formerly,the Fort Collins Regional Library District)("District")entered into an intergovernmental agreement on December 18, 2007 (the "Library IGA"); and WHEREAS,the Library IGA calls for the City to convey the Library to the District once the Library has been conveyed to the City by FRRC, but only after the Library is fully completed and final payment for the work has been made; and WHEREAS,the City and FRRC are not yet ready to close on the conveyance of the Library from FRRC to the City,and, in addition,there may be a gap of a few weeks to a month between the time the City takes ownership of the Library and the time the City conveys it to the District; and WHEREAS, the District plans to open the Library to the public on March 28, 2009; and WHEREAS, in order to meet its goal of opening on March 28, the District needs access to the Library as soon as possible to prepare the Library for opening; and WHEREAS, FRRC has agreed to amend the FRRC License Agreement to permit the City to grant a sublicense to the District; and WHEREAS, City staff is asking that the City Council grant the District a revocable license to enter the Library(the"License to Enter"),so that the District's officers,employees and agents may enter the Library property for the purpose of preparing the Library for opening; and WHEREAS,the District would initially be a sublicensee ofthe City and would have to agree, in writing, to comply with the terms of the FRRC License Agreement; and WHEREAS,the Library property that would be covered by the License to Enter is shown on Exhibit"A", attached hereto and incorporated herein by this reference; and WHEREAS,the proposed License to Enter would not include the right to open the Library to the public or to invite the public onto the Library property prior to the District taking title to the Library; and WHEREAS,because it is in the best interests of the citizens of the City that the Library open promptly,and because the term of the License to Enter will be very short,staff is recommending that the District not be charged a fee for the License to Enter; and WHEREAS,Article XI,Section 10,of the City Charter authorizes the City Council to permit the use of occupation of any street, alley, or public place, provided that such permit shall be revocable by the City Council at its pleasure, whether or not such right to revoke is expressly reserved in such permit. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor is hereby authorized to execute such documents as are necessary to grant to the Poudre River Public Library District a revocable License to Enter the Southeast Branch Library,consistent with the terms of this Resolution,along with such additional terms and conditions as the City Manager, in consultation with the City Attorney, deems necessary or appropriate to protect the interests of the City or to effectuate the purposes of this Resolution, including, but not limited to,any necessary changes to the description of the license area, as long as such changes do not materially increase the size or change the character of the license area. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 17th day of February A.D. 2009. Mayor ATTEST: City Clerk Exhibit A g of 3 2 Q} . : � .,«. ,,av®�• Q; , , : Library Space�\ - ga d r � • Q«»<«««: �� . ; , : on First Floor : (stair wells) � ® tt■��\��\ y . � r. �w . a.Aj . . . 2 »»\ \ < A J\ � «. £ « aA ��« w, , . - ; � �\ x : ! ! ? , d°\ .a . . ±�� k! \ 2 m«: ................ �. ................ ............... .............. Exhibit A (2 of 2) , r h.f -s COUNCIL TREE AAE. J I Sl1 Gl�i� r _ µ Building 400 Library Space on - -- Second Floor .... IST \j VU 2,3 r COP �, C C •£.F i t ^•_ _._.. 4C?. 8C.. "Kt? >, ..SLdlT62C Ftp:m P.�.-qe tr'>t>;:a w.