HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/17/2009 - ITEMS RELATING TO FOSSIL CREEK RESERVOIR AREA DATE: November 17, 2009 '
STAFF: Mark Sears • - • •
Items Relating to Fossil Creek Reservoir Area.
A. Resolution 2009-102 Authorizing an Amended and Restated Intergovernmental Agreement with Larimer
County Concerning the Fossil Creek Reservoir Area Property.
B. First Reading of Ordinance No. 127, 2009, Authorizing the Sublease to Larimer County of Portions of the
Fossil Creek Reservoir Property Leased by the City from North Poudre Irrigation Company.
EXECUTIVE SUMMARY
This amended and restated Intergovernmental Agreement(IGA) summarizes the original IGA and the two previous
amendments into a single document. It also changes the Agreement to allow the County the right to continue as a
managing entity while also requiring the City to assume certain management and operation responsibilities.
The new sublease between the City and County will allow the County the ability to continue enforcing County
regulations on the south shore of the Fossil Creek Reservoir.
BACKGROUND/ DISCUSSION
In January 2001, the City and the County entered into an IGA related to the acquisition, ownership, improvement,and
management of properties adjacent to the Fossil Creek Reservoir,now known as the Fossil Creek Reservoir Regional
Open Space. The cost of acquiring the lands was to be shared 50/50, with ownership to be 50/50. The County was
named as the managing entity and was responsible for all associated costs. Furthermore, it was agreed that, in the
event these properties were annexed into the City, the City would become the managing entity.
In April 2003, the IGA was amended to clarify some terms of the acquisitions, recognize the amended Management
Plan dated December 2002,and to stipulate that the County and City share the costs of the recreation, landscape and
habitat improvements on a 50/50 basis.
In March 2006, the IGA was amended for a second time to acknowledge that the City was in the process of annexing
the properties and to stipulate that the City would become the managing entity and would assume all responsibilities
for the property as of January 1, 2010; to stipulate that all costs for recreation, landscape and habitat improvements
would continue to be shared equally until the City became the managing entity after which time the City would be
responsible for implementing any additional improvements; and,to stipulate that the City would be responsible for the
design, construction and maintenance of a Regional Trail across the property.
The IGA, as previously amended, anticipated that the City would take over all management responsibilities of the
Fossil Creek Regional Open Space on January 1, 2010. However, Larimer County has requested that it be allowed
to remain as the managing entity so that its Open Lands Rangers may continue to use the ranger office at the trail
head parking lot. In return, the County has agreed to continue to maintain the ranger office and restrooms building,
to patrol the property, to be responsible for visitor management and enforcement, and to remove trash.
On January 1,2010,the City will assume and carry out all other management and operation responsibilities for Fossil
Creek Regional Open Space in a manner consistent with the Management Plan, including but not limited to: ongoing
vegetation restoration and resource managementwork,weed management,trail maintenance,sign replacement,snow
removal,habitat improvement plan implementation,prairie dog control,landscape maintenance,volunteer use efforts,
and education/interpretation programs.
November 17, 2009 -2- ITEM 14
The new sublease between the City and County will allow the County the ability to continue enforcing County
regulations on the south shore of the Fossil Creek Reservoir. The City holds a lease with North Poudre Irrigation
Company for the surface/recreation rights to the entire reservoir. Previously, the sublease required the County to pay
the City $2,500 per year, plus a 4% inflation factor increase each successive year after the initial year. The new
sublease drops this charge since the City will be responsible for all costs associated with Fossil Creek Regional Open
Space, except for the costs Larimer County has agreed to in exchange for using the ranger office.
FINANCIAL IMPACTS
The amended IGA will lessen the financial impact to the City of assuming management of the Fossil Creek Reservoir
Regional Open Space on January 1, 2010. The County is agreeing to maintain the ranger office building, to perform
trash removal,to patrol the properties and to be responsible for visitor management and enforcement in exchange for
the continued use of the office building for its Open Lands Rangers. These services will reduce staffing costs for the
City by approximately$75,000 per year.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and the Ordinance on First Reading.
BOARD /COMMISSION RECOMMENDATIONS
The Land Conservation and Stewardship Board recommends that City Council approve the Amended and Restated
Intergovernmental Agreement Concerning the Fossil Creek Reservoir Area Property and the Sublease.
ATTACHMENTS
1. Map— Fossil Creek Reservoir Regional Open Space
2. Land Conservation and Stewardship Board Minutes
3. Amended and Restated intergovernmental Agreement concerning the Fossil Creek Reservoir Area Property
4. Sublease- Fossil Creek Reservoir
Fossil Creek Reservoir Regional Open Space ATTACHMENT 1
Page 1 of 1
Kechter Rd
'n Fossil Creek Reservoir
1—
XRANGER OFFICE'
Duck Fossil Creek Reservoir
Lake ! Regional ON
Carpenter Rd
Protected Properties r�,Growth Management Area boundaries
_ Fort Collins Natural Area Cities
Conservation Easement Water Features N City of
Larimer Count open Lands n Fort Collins
Y p — Streets L\ ��f
® City Leased from North Poudre Irrigation Company A Ar.,aoyr..,V
- Area Sub-Leased to Larimer County Miles
0 0.25 0.5 0.75 1
ATTACHMENT 2
Fort Collins
Natural \
Areas Program)
Land Conservation & Stewardship Board
Wednesday, October 14, 2009
Excerpt- Fossil Creek Reservoir Regional Open Space—Intergovernmental
Agreement & Sub-Lease
Sears pointed out to the Board, on a poster map, the parcels at Fossil Creek Reservoir.
• Sears: In January 2001, the City and the County entered into an
Intergovernmental Agreement (IGA) related to the acquisition, ownership,
improvement, and management of properties adjacent to the Fossil Creek
Reservoir, now known as Fossil Creek Reservoir Regional Open Space
(FCRROS), and has been amended twice. The cost of acquiring the lands was
shared 50/50 with ownership to be 50150. The County was named as the
managing entity and responsible for managing the properties and all costs
associated with management of the properties. The IGA stated that in the event
these properties are annexed into the City, the City shall become the managing
entity and shall become responsible for all obligations of the Managing Entity.
This amended and restated IGA summarizes the original IGA and the two
previous amendments into a single document. It also changes the agreement to
allow the County the right to continue as a managing entity while also requiring
the City to assume certain management and operation responsibilities.
The IGA as previously amended anticipated that the City would take over all
management responsibilities of the Fossil Creek Regional Open Space (FCRROS)
on January 1, 2010. However, Larimer County has requested that it be allowed to
remain as the managing entity so that its Open Lands Rangers may continue to
use the Ranger Office at the trail head parking lot. In return,the County has
agreed to continue to maintain the Ranger Office and Restrooms Building, to
patrol the property, to be responsible for visitor management and enforcement,
and to remove trash.
The new sub-lease between the City and County will allow the County the ability
to continue enforcing County regulations on the south shore of the Fossil Creek
Reservoir.
• Stanley: Will there be any educational programs, at Fossil Creek, given by the
County Educational team?
• Sears: The County will no longer'provide educational programs at FCRROS and
the City will take over providing the educational programs.
Stanley moved to recommend that City Council approve the Amended and
Restated Intergovernmental Agreement Concerning the Fossil Creek Reservoir
Area Property and Sublease—Fossil Creek Reservoir between City of Fort
Collins and Larimer County. Ellis second. It was unanimously approved.
ATTACHMENT 3
Draft 11/5/09
AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT
CONCERNING THE FOSSIL CREEK RESERVOIR AREA PROPERTY
THIS AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT
(`Restated Agreement") is made this day of , 2009, by and between the CITY OF
FORT COLLINS, COLOR-ADO ('City") and LARIMER COUNTY, COLORADO ('County"),
and will be effective on January 1, 2010.
RECITALS
Part 2 of Article I of Title 29, C.R.S. authorizes governments to cooperate and contract
with one another to provide any function, service or facility lawfully authorized to each,
including the sharing of costs.
The parties, together with the City of Loveland, have worked cooperatively to prepare
and adopt `'A Plan for the Region Between Fort Collins and Loveland" to protect and promote
the quality of life, the natural environment and the character of each community.
r
The parties have worked cooperatively to prepare and adopt the "Fossil Creek Reservoir
Area Plan" to direct future urban development towards municipal boundaries, while balancing
preservation of open lands and critical natural areas around the Fossil Creek Reservoir and areas
between Loveland and Fort Collins.
The "Fossil Creek Reservoir Area Plan" identifies certain critical lands around the Fossil
Creek Reservoir as a "Resource Management Area" wherein lands are to be protected from
development through various means such as fee acquisition, conservation easements, and
regulatory measures.
The parties have worked cooperatively to prepare and adopt the "Resource Management
& Implementation Plan for Fossil Creek Reservoir Regional Open Space" (formerly known as
the "Fossil Creek Reservoir Resource .Management Plan — April 2003") (hereafter, the
"Management Plan") to guide the management of lands within the Resource Management Area
and the Regional Park Preserve.
On January 12, 2001, the parties entered into that certain Intergovernmental Agreement
Concerning the Fossil Creek Reservoir Area Properties (the "Agreement"), which set forth the
agreement between them concerning the sharing of costs and responsibilities for the acquisition,
ownership, improvement and management of property within the Fossil Creek Reservoir area.
As of the date of the Agreement, the County owned the real properties described in
Exhibit A and Exhibit B, each attached hereto and incorporated herein by reference (`Tract A"
and "Tract B", respectively), and anticipated acquiring the real properties described in Exhibit C
and Exhibit D, each attached hereto and incorporated by reference ("Tract C" and "Tract D",
respectively). The Count}, did acquire Tract C and Tract 'D following execution of the
Agreement.
1
Draft 1 1/5/09
As of the date of the Agreement, the City anticipated acquiring the real properties
described in Exhibits E, F .and G, each attached hereto and incorporated herein by reference
("Tract E", "Tract F", and "Tract 'G", respectively), which properties the City did acquire,
following execution of the Agreement..
The County then quitclaimed to the City an undivided 50% interest in each of Tracts A,
I3, C and D. and the City quitclaimed to the County an undivided 50% interest in each of Tracts
E. F and G.
Tracts A, Q, C, D, E, F, and G are collectively referred to herein as the "Property". The
Property is shown on the map attached hereto as Exhibit H and incorporated herein by reference.
The Agreement was modified by an amendment dated April 15, 2003 (the "First
Amendment') in order to update certain terms of acquisition and improvement of the Property,
and again by an amendment dated March 14, 2006 (the "Second Amendment'), in which the
parties documented an.agreed-upon change to the designation of the Managing Entity for the
Property.
The parties have made the Property available for public use as the Fossil Creek Reservoir
Regional Open Space, a County Open Space facility.
The parties wish to update and restate the Agreement to accurately describe the parties'
current rights and obligations regarding the Proper. r
i
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
parties agree as follows:
A. Shared Ownership of the Property
I_ In accordance with this Agreement, and as a result of the above conveyances, the
parties now hold title to each parcel of the Property as follows:
(a) The City: an undivided 50.00% interest; and
(b) The County: an undivided 50.00% interest.
2. In the event all or any portion of the Property is sold, exchanged, transferred or
otherwise disposed of, the net proceeds from such disposition shall be divided between the
parties in the same proportion as their ownership interest in the property, except that with respect
to Tract D, the City will be entitled to 58% and the County to 42% of the total because the City
paid 58% of the purchase price for Tract D. In the event that all or any portion of the Property is
taken by eminent domain, the costs and proceeds of such condemnation will be shared
proportionally by the parties consistent with their ownership interest in the Property, except that
with respect to Tract D, the City will be entitled to 58% and the County to 42% of the total.
Draft I l/5/09
3. Because the Property was acquired in part with sales tax revenues generated by
the County "Help Preserve Open Spaces Initiative," any sale, exchange, transfer or disposition of
all or any portion of the Property is subject to all the provisions of Board of County
Commissioners Resolution No. R95-123g and the "Help Preserve Open Spaces Initiative"
referred to therein, specifically including numbered paragraphs 20 and 21 of the Initiative.
4. Because the Property was acquired, in part with sales tax revenues generated by
the City "Building Community Choices" sales tax, any sale, exchange, transfer or disposition of
all or any portion of the Property is subject to the provisions of Section 25-75(a) of the Code of
the City of Fort Collins, and any other restrictions applicable to the use of such sales tax receipts
at the time of receipt by the City.
5. If one of the parties desires to sell all or any portion of its interest in the Property
and the other party does not, the parties agree to negotiate in good faith to resolve the issue prior
to undertaking any litigation. Any such conveyance shall be subject to the terms of any existing
encumbrances, restrictions or conditions applicable to the conveyed property, including without
limitation the terms of the City's acquisition of Tract F from the State Land Board and related
agreements. In addition, if one of the parties desires to sell all or any portion of its interest in the
Property and the other party does not, the party desiring to sell hereby grants to the party not
desiring to sell the option to purchase such interest in the Property for the proportional share of
the fair market value of the Property, as determined by an appraiser selected by the parties.
Unless exercised, the option granted to the party not desiring to sell will expire two (2) years
after the effective date (as provided in paragraph C.5, below) of written notice of the selling
party's determination to sell its interest in the Property.
6. In addition to the Property, the Resource Management Area includes property
leased by the City from the North Poudre Irrigation Company pursuant to a Lease dated October
21, 2001 (the "Reservoir"). The City subleases to the County, pursuant to asub-lease agreement
dated and approved by North Poudre Irrigation Company (the "Sublease"), a
portion of the Reservoir as described in the Sublease (the "Sublease Property"). The City will
continue to sublease the Sublease Property to the County to the extent necessary to permit the
County to fulfill its obligations under this Restated Agreement, subject to the terms and
conditions of the Sublease.
7. The Property and the Sublease Property are collectively referred to hereafter as
the Open Space.
B. Management of the Open Space
1. Since the date of the Agreement and through the end of calendar year 2009, the
County has been the Managing Entity and responsible for the management of the Open Space in
accordance with the Management Plan. From the date of this Restated Agreement forward, the
County will continue to be the Managing Entity until such time as the County notifies the City
otherwise, as described herein below. However, the division of responsibilities for the Open
Space between the City and County is being .modified from past practice, and will be as
described herein unless and until otherwise agreed by the parties in writing.
Draft 11/5/09
2. The parties agree that the Open Space shall be managed in accordance with the
most current version of the Management Plan. In the event the parties determine that
modifications to the Management Plan are necessary or appropriate, such changes may be made
by agreement of the City Manager and County Manager. If all or any portion of the Open Space
is subject to leases; deeds of trust or other legal restrictions, including without limitation the
terms of the City's acquisition of Tract P from the State Land Board and related agreements, it
shall be managed in accordance therewith. New encumbrances that may be granted or imposed
in the future on the Open Space, such as easements or rights .of way, shall be addressed in
subsequent revisions of the Management Plan, and shall be subject to the approval of the
governing bodies of the parties, each in their sole discretion.
3. As of January 1, 2010, the Managing Entity will occupy and use the office
building located on the Open Space (the "Office Building"). So long as the County is the
Managing Entity, City rangers and other staff will have access to the Office Building as needed,
and the City may store educational and maintenance equipment in the Office Building to the
extent space is available.
4. The Managing Entity will be responsible, at its sole expense, for upkeep and
maintenance of the Office Building and for all trash removal on the Open Space. The Managing
Entity's rangers will patrol the Open Space and be responsible for visitor management and
enforcement.
5. The City, at the City's expense, will assume and carry out all other management
,. and operation responsibilities for the Open Space in a manner consistent with the Management
Plan, including but not limited to: ongoing vegetation restoration and resource management
work; weed management; trail maintenance-, sign replacement; snow removal; habitat
improvement plan implementation; prairie dog control; landscape maintenance; volunteer use
efforts; and education/interpretation programs. In addition, the City specifically agrees to
undertake, at its expense, all the management obligations required by GOCO in the Grant
Agreement between GOCO and the County dated January 2, 2004.
6. In the event of emergency or unusual circumstances requiring immediate
response, the responding party, whether the City or the County, shalt be entitled to use
reasonable discretion in responding to such circumstances, regardless of the expressed terms of
the Management Plan, provided that reasonable efforts are made to consult with the other party
regarding the proper course of action.
7. The Management Plan identifies various improvements to be made to the Open
Space, including, without limitation, such items as Recreational Improvements, Landscape
Improvements, and Habitat Improvements. To the extent such improvements are not completed
as of January 1, 2010, the City shall be responsible for implementing any additional
improvements to the Open Space, except as otherwise expressly agreed by the parties. ,
8. The Management Plan identifies the location of a Regional Trail to be constructed
on the Open Space. The Regional Trail has been constructed from the west edge of the Open
4
Draft 1 t/5/09
Space to the entrance road; the trail east of the entrance road will be constructed at a future date.
The City shall be responsible for the costs associated with the design, construction and
maintenance of the Regional Trail. The Managing Entity shall be responsible for the costs of
patrol and enforcement of the Regional Trail and the use of that Trail by the general public,
consistent with regulations applicable generally to trails managed by the Managing Entity.
9. The City shall be responsible for the management costs associated with the Open
Space, except as described above. "Management costs" shall be defined to include normal and
customary expenses associated with day-to-day use and operation of the Open Space.
10. Other liabilities and extraordinary costs shall be defined to include those costs that
are not associated with site improvements, the regional trail, or management. Any liabilities or
extraordinary costs related to the use, possession or ownership of the Open Space shall be shared
by the parties in proportion to their ownership interest in the Open Space; provided, however,
that in the event such liability or extraordinary costs arise solely or in part from the negligent acts
or omissions of one party, the negligent party shall be responsible for such liability or
extraordinary cost attributable to its negligent acts or omissions.
11. Any revenues generated by use or operation of the Open Space, including but not
limited to any revenues from leases, licenses, profits or other agreements for said use, shall be
retained by the City for use only for the cost of management of the Open Space for the current or
future years; provided, however, that the Management Plan may provide that any accumulated
revenues not needed for current or reasonably anticipated future management costs may used
for improving the Open Space. Revenue generated by sale of easements, rights-of-way or title
interest in any portion of the Property shall be shared by the parties in accordance with their
ownership interest in the Property.
12. If at any time the County decides it no longer wishes to be the Managing Entity,
the County will give the City six (6) month's notice of its intent to resign as Managing Entity. If
at any time the City determines that it cannot effectively carry out its obligations to manage the
Open Space without the right to occupy and use the Office Building, the City may give the
County six (6) months notice of its intent to assume the obligations of the Managing Entity.
As of the date the County's resignation or the City's assumption becomes effective, the
City will take over the responsibilities of the Managing Entity under this section B in addition to
the City's existing responsibilities for management of the Open Space, the County's financial
responsibility for costs or improvements as Managing Entity shall cease, and the County will
vacate the Office Building. Thereafter, the City will manage the Open Space as a City of Fort
Collins Natural Area. Notwithstanding the foregoing, the County will retain its ownership
interest in the Property and its responsibility for liabilities or extraordinary costs as described in
Section 13.10 above, and shall have the authority presently stated in the Management Plan and in
this Restated Agreement to approve any changes to the Management Plan and to approve any
construction of additional improvements on the Property.
C. Miscellaneous Provisions.
Draft l 1/5/09
1. This Agreement may not be assigned by either party without the prior written
consent of the other party.
2. This Agreement shall be binding upon and inure to the benefit of the parties'
respective successors and permitted assigns.
3. All obligations of the parties under this Restated Agreement payable after the
current fiscal year are contingent upon the governing bodies of the parties_ in their discretion,
appropriating funds sufficient and intended for such purposes.
4. Nothing in this Agreement waives the immunities, limits .of liability, or other
terms and conditions of the Colorado Governmental Immunity Act as now in force or hereafter
amended.
5. Any notices required or permitted to be given shall be in writing and personally
delivered to the office of the parties of by hand delivery, first class mail, postage prepaid, or by
overnight commercial courier, as follows:
To Larimer County:
Open Lands Manager
Larimer County Parks and Open Lands Department
1800 South County Road 31
Loveland, Colorado 80537-9638
To the City of Fort Collins:
Natural.Resources Director
City of Fort Collins
Department of Natural Resources
281 North College Avenue
Fort Collins. Colorado 80521
Any such notice shall be effective (i) in the case of personal delivery, when the notice is actually
received, (ii) in the case of first class mail, the third business day following deposit in the United
States mail, postage prepaid, addressed as set forth above, or (iii) in the case of overnight
commercial courier, the next business day following deposit in the custody of the courier. Any
party may change these persons or addresses by giving notice as required above.
6. In the event either party prevails in any legal action to enforce the terms of this
Agreement, said prevailing party's costs of suit, including, without limitation, attorneys' fees,
shall be borne by the non-prevailing party.
7. The parties recognize that there are legal constraints imposed upon them by the
constitution, statutes, and rules and regulations of the State of Colorado and of the United States,
and imposed upon them by their respective governing statutes, charters, ordinances, rules and
6
Draft 11/5/09
regulations, and that, subject to such constraints, the parties intend to carry out the terms and
conditions of this Agreement. Notwithstanding any other provision of this Agreement to the
contrary, in no event shall either of the parties be obligated hereunder to exercise any power or
take any action that is be prohibited by applicable law. Whenever possible, each provision of
this Agreement shall be interpreted in such a manner so as to be effective and valid under-
applicable law.
8. This Agreement shall be effective upon the date first stated above.
CITY OF FORT COLLINS, COLORADO
Dated: By:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk Assistant City Attorney
LARIMER COUNTY, COLORADO
Dated: By:
Chair, Board of County Commissioners
ATTEST: APPROVED AS TO FORM:
Deputy Clerk County Attorney
7
EXHIBIT A '
Order Number: 98o56368
LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER (SE214) OF'SECTION 17,
TOWNSHIP 6 NORTH, RANCE 68 WEST OF THE 6TH P.M. IN.LARIMER COUNTY, COLORADO,
AND DESCRIBED MOPE SPECIFICALLY AS FOLLOWS:
CONSIDERING- THE SOUTH LINE OF THE SE 114 OF SAID SECTION 27 AS BEARING SOUTH
89'31109"W AND WI7_3 ALL BEARINGS CONTAINED F.EP.EIN RELATIVE THERETO:
COMMENCING AT THE SE CORNER OF SAID SECTION 17, THENCE ALONG,THE SAID SOUTH.
LINE S 89'31'09"W, 852.20 FEET TO T FE TRUE POINT OF BEGINNING:
THENCE, CONTINUING ALONG SAID SOUR:: LINE SOUTH 89'31'09"W 847.SG FEET TO A
POINT WHICH IS 30 FEET ABOVE HIGH WATER LINE OF DUCK LAKE DESCRIBED ON A PLAT
PREPARED BY JAMES STEWART FOR FOSSIL CREEK RESERVOIR, DATED JANUARY, 1975;
THENCE ALONG SAID 30 FEET ABOVE HIGH WATER LINE NORTH 07"03'W, 525.59 FEET;
THENCE, NORTH 24'32' WEST, 408.52 FEET; THENCE -LEAVING SAID 30 FOOT ABOVE HIGH
WATER LINE, NORTH 40'34' EAST, 33.29 FEET TO A POINT ALONG THE APPARENT
SOUTHWESTERLY RIGHTS-OF-WAY OF A COUNTY ROAD, SAID POINT BEING ALONG THE
EXISTING FENCE LINE; THENCE SOUTH 49'19'00" EAST, 1396.26 FEET ALONG SAID
EXISTING FENCE LINE TO THE TRUE POINT OF BEGINNING.
l
EXHIBIT B i
/ l
LEGAL; DESCRIPTION
A tract of land located in the SE 1/4 of Section 17, Township 6 North, Range
68 West of the .6th P.M., of Larimer County,- Colorado, being more particularly
described as follows: Considering the East line of the NE 1/4 of said Section
17 as bearing N 00'21' E and with all bearings contained herein relative
thereto: Commencing at the SE corner of the said Section 17,�said corner being
the True Point of Beginning; thence along said East line N 00'21' E, 1837
feet; thence on the following courses according- to the recorded tract of land
described in Book 397, Page 546 at the Larimer County Clerk and Recorder's
records, and the found pins as set by James H. Stewart, N 88'57' W, 5..05 feet;
thence N 80'28' W, 465 feet; thence S 81'25' W, 377 feet; thence N 78'46'
W, 434 feet; thence along the Easterly boundary of a tract of land belonging
to South Fort Collins Sanitation District; S 00'33'14" W, 1016.34 feet to a
point on the South side of the aforesaid tract of land recorded in Book 397 as
pinned by James H. Stewart; thence along the boundary of the said tract of
land, S 49'32' E, 53 feet, thence S 49'27' E, 680 feet; thence S 49'05' E,
707 .80 feet (recorded as 660 'feet) , to the South line of the said Section 17;
thence along the said Section line N 89'35'09" E, 668.70 feet (recorded as
785 feet) , to the True Point of Beginning; excepting therefrom a tract of
land, being more particularly described as follows: Considering the East line
of the NE 1/4 of Section 17 as bearing N 00'21' E, and with all bearings
contained herein and relative thereto: Commencing at the SE corner of said
Section 17, said corner being. the Point of Beginning; thence along the East
line as determined by the NE corner and the SE corner of said Section 17, N
00'21' E, 891.6 feet; thence N 89'39' W, 649.6 feet; tnence S 00'21, w,
648.0 feet; 'thence S 89'39' E, 589.6 feet; thence .S 00'71 ' W. 244 .4 feet:
thence N 89'35109" E;' 60.0 feet to the Point of Beginning, also excepting
therefrom any portion of subject property contained in those -Deeds of
Dedication recorded February 20, 1974 in Book 1590 at Page 86 and April 22,
1992 at Reception No. 92021483 of the Larimer County records,
1
EXHIBIT C
A tract of land situated in the SW 1/4 of Section 15, Township 6 North, Range
68 West of the 6th 'P.M. , -which, considering the South line of the S47 1/4 as
bearing S 89'41' W and with all bearings contained herein relative thereto is
contained within' the boundary lines which begin at the Southwest corner of
Section 15, thence..N.'00'20' E and along the West line of said Section 15,
1,244.00 feet; thence' S.. 43'23 'E, 355.00 feet,- thence S 57'03 ' E, 40S:00 feet ,
thence 'S 45'42' E, .490.::00. .feet; thence- S..•:61'45' E, 437.39 feet; thence
S 00.7.22' W; 209.12 . feet -to the..South line'of said Section IS, thence
S. 89'41' W. and along-the South line of said Section 15, 1,325.50 feet to the
Point of. Beginning, 'Except that portion .previously conveyed in Deed -of
Dedication recordet3;September 2, '1992 at Reception No. 92054025, Larimer County
Records,
County' of Lari erj`
State of Colorado. _ ____ __ ___ •�
_ J .
EXHIBIT D
PAa 1
Ca%ra7ME2T NJMBE2:968120
LEI",AI,Dru IICN
1
I
A MZALT CLa LAND SlauA=- IN 2'E ssamn2Sr 1/4 OF S=CN 17, 2Ut= 6 NXIS,
- RAIM 68 W=OF TEE- SI)Cffi P.H., IAR4IER CCCNrY, CMCRADO, WHICH CC2�r.PJr1; i
T9r ITT)Ti LINE CE SAID S=AST 1/4 AS R:AD= NaRm 89 DaM= 35 IaIIJ;'S 09 i
S..^ EAST AND WI79 ALL 1TS CL27PA4ifD EJFI EIN RFSA= TELgM, IS ' I
C CUMIN )WITHIN THE BXNWM IaRL RUCH BEGIN AT THE S'ArMiA= ODON R OF I
SAID SECTION 17 AM RON ISBN=S 89 35 MINOTES'09 SECUI i RMT I
60.00 FE�t'1 AIL22;THE SAID 97O1H LINE;
7EiUCE NORM 00 DaWt<'4 21 HI2= 00 SD=S FAST 244.40 FEE=; �
`d:E NSrH 89 D&T- 39 !•llbIIlf_S 00 SECCtM WEST 589.60 FE=; I
THEN=NOE?E 00 DEMM 21 KnUTES 00 SIIZ)>�IIS EAST 648.00
TIO= SCUM 89 bI MM-S 39 MINUM 00 � EAST 649.60 EEEI M A:OnC CN !
UM EAST I INE CLa=-- SAID SanF= 1/4;
TOEN�AM23 SAID E2;,Sr I=, 9701E 00 DEMaS 21 HIIUrES 00 S M 2a14 WET
891.60 Ems.. 20 THE POIRP OF ESEl;IRMU,`COMM OF LARDER, STATECF CaLRADD i
i
i
s--
er.dmt1'" F
I J t
AP -
ION 19, EXHIBIT E
COLORADO
f
PROPERTY DESCRIPTION:
That portion of the Northeast Quarter of Section 19, township 6 Nortli. Range 68 West of
the 6 P.M., County of L.aiimer, State of Colorado tieing more particularly described as
follows:
Considering the East line of the Northeast Quarter of said Section 19 and bearing South
00000100" East and with all bearings contained herein relative thereto:
Beginning at the Northeast corner of said Section 19; thence along the East line of the
Northeast Quarter of said Section 19 South 00000'00" East 872.39 feet: thence departing
said East line North 90°0X00" West 30.00 feet, more or less, to a point.on the We
right of way line of Latimer County Road No. 11 and the TRUE POINT OF
BEGINNING; said point also being on the Northeasterly right of way line of the Union
Pacific Railroad right of way; thence departing said Easterly right of way line and along
said Northeasterly right of way line of the Union Pacific Railroad right of way North
36139'59 West 1035.16 feet, more or less, to a point on the Southerly right of way line
of Larimer County Road No. 32; thence departing said Northeasterly right of way line of
the Union Pacific Railroad right of way and along said Southerly right of Way line of
Larimer County Road No. 32 North 88056'03" East 618.26 feet, more or less, to a point
on the Westerly right of way line of Larimer County Road No. 11: thence departing said
Southerly right of way line of Latimer County Road No. 32 and along said Westerly right
of way line of Latimer County Road No. I 1 South 00600'00" East 841.83 feet, more or
less to the TRUE POINT OF BEGINNING.
The above described parcel, contains 5.97 Acres, more or less, and is subject to all
existing easements and/or rights of way of record.
EXH B IT F
LEGAL DESCRIPTION OF STATE LAND BOARD PROPERTY
A tract of land located in Latimer County, Colorado legally described.as all of Section
16,Township 6 North,Range 68 West of the 6`h Principal Meridian, less 46.70 acres out
of the northwest quarter as conveyed by Patent Numbers 1879 and 3467, containing in all
593.30 acres, more or less.
15XI711)i L' ri
11ROI'l;RT1' I)I{SCRIPTIOIN
Total Parcel
A parcel ul'laud being part of IhC Suulh I lall'(S 1/2)(1l'Sceliult Sevrulccit t 17).mtO pall ul'
Scctiva' wenly(20),all ill Tuuaudiip Sis North(T.Ghl.),Itaugc Simy-eight %%'cs( (IL.dS\V.)ul'
Elie Sislh Priticipal Ivlcridiwa(Gilt P.M..).Cuuuly 131,L riutcr,Silk(IN All hcint;lain c
particularly described as rulluws:
III-.GINNING at(he Nurllnm;t Curtin ul::aid Sccliuu'20 and;e;::tuuin)_the Nurllt line ul'thc
Northwest Quarter(NW I/•i)ul•said section 20 as bcarint_Nurllt 89"2 '•I I" I:as(,bciut_a Cn id
Ilcariug of lltc Culuradu S(alu I'lauc C'uurdiu;llu SpOctu; Nur(t,%unc, hits,lit r\utci is;u,I lahull
1983/92,a distutce u1"2b77J7 Iicl%\,lilt;ill other 6utriuls cunlaiuctl hrlciu rctd,ve Ihc•u•lu:
THENCE Nurllt 39"23'41"Ciast:doug said Nurllt lillC a diSI;,ilCC 1117M IU Iccl to Elie NuAlvesl
Cumer ul'ilru parcel uflaud as dc:;cribed within IIaa( I)MI Of I)Odicatiun W;rccurdcd(h Biller
19, 1990 a:;RecclAkm Number 90U48.165 ul•lhc records of the Larimcr('uunly Clctl( ;,,,if
Recorded(LC(:IQ;
'111cncc:duog lilt%West,Suallll,;old Gast line ol'tlle aliaosaid parcel ul'Imitl by the lidlutviog
'I'llive(3)courses and dimmers:
TI ILNCE Suulh OU°03'07" West a distance or,lo(lu 1ecl;
'11ILNCE Nurllt 89"28'4I" Bast a distance ol'370.40 feel;
T1IGNCG Nur(h(10"3I'l)" West a distaucc 11"10.00 Iccl Its the Nurth line ul'said NW 114;
Tl If-NCI:Nurlh 39°28'4I"I:;tst alung said Nurlh line a distance uC127b.18 I-ecl. Said puiul
being Elie Southwcs(Conte'of thal parcel 01,buitl as described ill th;d 4loeuli,cnl a:;rccurdcd May
29, 192U its I)ouk 05 un Vilge 37G urthc rccurds uf(Iac Larimcr County Cleric and RecurJer
{i:CCit).
'Ibeiiec alnng Ole Nualtcrly line ul'Ihu aliuesaid pared ul'laud by Il,ciiditl%viug Pour(•I)courses
and dislauces:
'I'I IGNCI-'Nw•tlt I0"12'•12"li sl a distance of 92U.dU Iccl;
1*1IGNCL•North 51°41'42"Bast a distance ul'•IO7.8U Iccl;
'1111iNCE South 72°4('IS"Basta distance ur690.30 feel;
Tl If-NC.Ii South 19143'18*1 East a distance 998.IO'CC' In(he Suutlt I;ue 01'111aS011111ca:4 QLM11cr
(Sla/4)ul'said Section 11,and b6lu(lie Suuttcast Comer ul'ttc%din csaid parcel of laud. From
said point the Nur'l,casl Corner ul'said Scctiun 20 bears Nurlll S9"2S'4 I"Bast':,distance ill'
I699.00 feel;
THENCE North 89"28'41" East alung said Suu(li lice a distance ul'91.73 l'ccp
TlIENCG South 14°13'4G" West a dislance of'1159.00 feet;
TIII:NCE South 71°53',10" West a distance ur429.OU Ice(;
'17ILNCIs Nurllt 79°3244" We:,st a Jisfauce uf37U.1)0 lint;
'I HUNCE Suulh 00002'14"Bast a dislauce ur1502.00 Ii•:I;
I'llliNCli South 3G"i T14"Last a Jirl:uaee ul'327.•17!cc It,Idle South line ill'(fie Northeast
Quarter(Ni:f/4)orsaid Sceliun 20;
TI IENCG North 89"33'57"Bast aduug said Suulll line a,islanec or,19.67 I'Cc( hi-the Northeast
Corner u!'Iltc West Tcvcaty(20) Rails untie 5uollicilst(;under(SHI/4)ul'said Secliun 20;
TI IENCI;Soulh 0000 '14"I.iast:dungy,Elie taut line ul'sa.d West 20 RucL::i dit;tmce ul'2659:36
rout to the Suulll line ul'saitl Sail/•I;
'11113KE Suulh 89039'07" West:dung said Suutla.liue_a•lislance ur33U.01 feel lu the Suulll
Quarter Coracr of said Scelion 20; a
THLISICG'North OU°U2'14" West:long(lie West line ul'said tit.;i/•I a distance uf2651.87 11cu(lu
the Ceulcr Quarter Corner oPsaid Scctiun 20.
'1711I:NCli Nurib OU"U2'14" WcSt along(he Wes(liuc of[lie NI1:1/4 ul'said-Section 20 a,distance
prG()U.UU Icel;
TIICNCI'South 39°57'40" Wcs(a distancl:ol'24.75 lecl;
'i'III:NCE Nodh UU°UTH" West a disUmcc ol'729.01 feel (1)[lie South line ul"the Nurllt I I;il!'ul:
(lie Northwest Quarler(N I/2 NWI/4)ul'said Scclian 20;
111I NCG Sundt 39"3['19" West ak.ag said Suull,line;a distance ul'2312:19 feel lie Ille lu Elie
Suulllc;4.1 C'nrnu ul'Ihal parcel of land as dcserihcti wifhiu Ilrai Warmilly I)ecd w:rccurdcd
Ocliaber G, 19S9 as Rece liliun Number 19U4G70I ol'Ihc rccurds of Iltc I.CC It. Said point being a
puinl un a curie,Iheafuresaid line bziug nun-laugcnl It);:aid curve;
11a8e 1 ui'2
11ruperly Dcscripliun(cunlinucd)
9bn11 p:u'eel
'11ILNCIi slung(lie Nurthemsl lint vl'Ihe;dbrasaiJ parcel of fwtd mail 6cing along(fie Are ul';$
curve which is cunc:n•c lu the Suulhwesl 531.U2 li:el,whust:Radius is 3,128.80 Iccl,tt base Dcl(m
is 08052'25",maid wliusc Long Ghurd heats Nurth 12"U•1'5,1" Wcsl a distance ul'S1U.d9 Ict:t lu(fie
li;lsl line orlhal Inrcul ofhual as described u'ilhia Ihal Deed 01'Dudic;diun m::recurtled Nhuch
17, 19911 ms Recepliuu Number'J4U23653 of(Inc rcvurds ol'iltc 14:1.:1(;
'171euce:11ung flit:fiasl,Nurth,wnl West lines ul'Ihc alincsaid parcel urland I}•Ilic fidhtavinl:
Three(3)cular.ws mud dislanecs:
'1'l ILNCL Nurllt UU"03*07"lias(alvu(a liuc nun-IauLcuf lu(lie mfitresaill curve;t disl.•mcc ail'
615.91 Feet;
Tl IGNCG Nurth 89"56'53".Wcs(a dis(ance ul•3U•UU lec(; i
'Il fL'NCI'Suu11t QU"03'07" West a di::f mcc ul'67( •1 11i cl lu Ihc Nun Ibc;imcr1y fiuc ail'WaP:is
described within llt i Wan'a aly Deed as recorded February 25, 1910 ill Ituult 276 to,,1';tge 3:16 ail'
(lac rccurds ulnae I,CCR, timid pain(bcinl;a puinl all,;t curve,tbc.m(iuc:;mid lint:being aun-
(angctif Ica said.c'trvc;
•rUNCE;dun);the Arc ol*u curve tvlaiclt is concave to 111oS I ,I,vcs(a disl:uaee ttl'Stl.d6 li cl,
whose Radius is 3368.80 feel,tvhusc Dc1bt is 110"51.III",mud whu::c Luu;t('turd Irene;Nutllt
36"25'31" West a disimnce ur5U.•I6 Iccl It, tin o lfle 4VeA e rs;aid NM N\V I/•1:
T1113NCIi Nurllt 00103'U7"Guff(:dual,said West liuc,;nil being a lint nun-I;uq;cnl lu(lie
'1111Msaid curve a dis(ance u1189.1.70 Iccl It,file POINT OF IIEGINNINU.
I CCLiI'�ING tberclhom tieiidluwiug described parcel url:md:
Ihc Malt Tcu Icei(1 U')urllte Saudi Fumy reel('101)01'111c mlinc:;mid parcel ul'latad. Said
described parcel arhuul bciag 16a1 p:u'1 ul'ssid Sl.-'IM as described within tllhit Dcrd 01'
Dedication as rccurtled July 2, I'P)6 as I(cccp(iun Number 96111,177741 of ll;c rccurds urlitc
Larimcr Cinudy Clerk mid Itecurdcr(LClat).
Said dc-acriwti inimel url:uttl cunhtins 151.505 Acre::,inure air lc.-;:;(.t)mud is subject Ito:any
righis-ur-way uretherc:iscntcnls asgr:uded arreserved by iuslruntcuts ul'rccurrf or:c: ,low
U-NISUng ou said described parcel of I:tud.
SURI'1;1'pit's CFI(TIFICA'I'K
I,Charles 13.Jancs,:a Culmmdu RegislercdJ'rulcssiunal Laud Survcyur du hereby stale Ilim this
1'rupcl1y Dc:;cripliun was prepared under ary persmrtl super isiuu;uml dace!:ilig,mid that if is
true and currcet(o(lie best orally kuuwledge,inlirew;niuu,belie!;;mil ill my prul'e::si mril
opiniwa.
Clru•Ics It.Junes ------ --
.x 22098_`''
Culontdu Regislcrcd rr i;%siunad '—
Land Survtiyut 112208 i U'1'4 LnAu,
IN .�
KING SUKVLYORS,INC.
9299 Gaslnum•'ark Drivc
Winds ur,Culurttlu 8US50
(97U)686-5011
Projecl Number:20UU256 (Scplcrta¢cr 5,2000)
(File:(v(:tl-a.(xl)
Exhibit H: Fossil Creek Reservoir Regional Open Space
Property Map
Kechter Rd
V
c �
Fossil Creek Reservoir
F
ss/fie F servoir
B Regional Open Space ,C
Duck
Lake F
A D Carpenter Rd
E
Protected Properties Growth Management Area boundaries
�r Fort Collins Natural Area Cities N City of
Conservation Easement n Fort Collins
Water Features
® Larimer County Open Lands Streets Areas Progiainll
® City Leased from North Poudre Irrigation Company
Miles
0 0.25 0.5 0.75 1
ATTACHMENT 4
Draft 11/5/09
SUBLEASE
FOSSIL CREEK RESERVOIR
This Sublease is made and entered into this day of 2009 by and
between the CITY OF FORT COLLINS, COLORADO, a municipal corporation
(`'Lessee") and LARIMER COUNTY, COLORADO, a political subdivision of the State
of Colorado ("Sublessee").
EFFECTIVE DATE:
The effective date of this Sublease is January 1, 2010. This Sublease supersedes and
replaces the prior sublease between the parties dated April 6, 2004, which prior sublease
is deemed terminated and of no further force and effect as of the effective date.
SUBJECT PROPERTY
The property subject to this Sublease is a portion of the leased property
referred to as the "Reservoir" and described in that certain Lease by and
between -the North Poudre Irrigation Company ("Lessor") and Lessee,
dated October 21, 2001 (the "Lease Agreement"), which portion is more
particularly shown on Exhibit "A", attached hereto and incorporated
herein by this reference (the "Sublease Property")
PURPOSE
To sublease to the Sublessee a portion of the Reservoir so as to carry out the intent and
purposes of the "Resource Management & Implementation Plan for Fossil Creek
Reservoir Regional Open Space" (formerly known as the "Fossil Creek Reservoir
Resource Management Plan — April 2003") or as amended (hereafter, the "Plan") and the
intent and purposes of the Amended and Restated Intergovernmental Agreement
Concerning the Fossil Creek Reservoir Area Property dated January 1, 2010 (the "2010
IGA")..
TERM
The initial Sublease term shall expire as of December 31, 2011. The parties may by
agreement extend the Sublease for one additional five (5) year term and one additional
Four (4) year term for a total of nine (9) additional years, consistent with the terms of the
Lease Agreement. In the event that Lessee's lease of the Reservoir is terminated by law
or pursuant to the Lease Agreement, the term of this Sublease shall automatically
terminate.
PAYMENT
No rent is being charged for this Sublease.
Page 1 of 4
EXCLUSIVITY
The rights granted to the Sublessee by this Sublease shall be exclusive, subject to
Lessor's right to enter the Reservoir for its purposes pursuant to the Lease Agreement and
Lessee's right to enter the Sublease Property to monitor compliance, perform its
obligations under the Lease and the 2010 IGA, and otherwise enforce the terms of this
Sublease.
USE RIGHTS AND RESTRICTIONS
The Sublessee's use of the Reservoir shall, at all times and pursuant to the Lease
Agreement, be subordinate to the Lessor's right and obligation to store and deliver
irrigation water, which use the Lessee supports, and to the Lessee's obligations under the
Lease Agreement. In addition, the Sublessee's use of the Reservoir under this Lease is
limited as follows:
A. Sublessee's use of the Reservoir shall be consistent with the Plan,
incorporated herein by this reference, and is limited to uses consistent with
Sublessee's obligations under the 2010 IGA.
B. Only boating as may be necessary for maintenance, management and
emergency purposes and for other purposes consistent with the Plan and the 2010
IGA is permitted. No water contact activities, such as wading or swimming, shall
be allowed.
C. The Sublessee has no rights to use the Dam for any purposes, except to
control access as herein provided.
D. The Sublessee shall only permit day use (dawn until dusk) of the
Reservoir, provided that, specifically scheduled night use (dusk until dawn) by
groups is allowed for wildlife viewing purposes, and environmental, educational
and interpretive purposes. Sublessee staff, Lessee staff, or other responsible
parties shall escort any night use groups.
E. The Sublessee shall not allow any sublicenses or subleases of any rights
granted herein.
F. Except for parking in designated areas, and for management or emergency
purposes, no motorized vehicles shall be permitted on the leased premises.
G. Lessee and Sublessee have, with the approval of Lessor, developed a
comprehensive operations plan, which includes a patrol plan. Sublessee shall
operate the Sublease Property as a County open space park in a manner consistent
with said comprehensive operations plan and the 2010 IGA.
Page 2 of 4
H. If Lessor determines that out of the ordinary maintenance is required for
the Reservoir premises including the dam, which maintenance will impair the
purposes of this lease and contacts Lessee regarding the same, Lessee will consult
with Sublessee about the timing and means of the maintenance.
IMMUNITY FROM LIABILITY
The parties agree that the Lessor is an owner of recreational land as that term is defined
in Article 41 of Title 32 Colorado Revised Statues and the Lessor has certain immunities
as provided by statute. The Sublessee agrees not to take any action to diminish the
immunities granted the Lessor under such statutes.
The Lessee and Sublessee are entities covered by the Colorado Governmental Immunity
Act, and the parties acknowledge and agree that nothing herein shall be deemed a waiver
of the immunities and limitations of liability provided therein by either party.
TERMINATION
This Sublease shall terminate upon the expiration of any Sublease term, unless extended,
or by mutual agreement of the parties. This Sublease will also terminate if Sublessee's
obligations as the "Managing Entity" under the 2010 IGA terminate.
Upon termination, and abandonment of all of Sublessee's rights granted hereunder, the
Sublessee shall remove all improvements previously installed by Sublessee as may be
requested by the Lessee.
DEFAULT
If either party believes the other is in default under this agreement, written notice of such
shall be provided to the other party, which shall then have thirty days to cure the alleged
default. The parties agree to submit any unresolved dispute to third party mediation prior
to taking any enforcement action. If mediation is unsuccessful, either party may take
legal or equitable action to enforce the provisions of this Sublease, provided however,
that for any breach the Sublessee's liability shall be limited to the actual out of pocket
loss of the Lessor and Lessee. Either party may seek specific performance and Lessee
may seek termination of the Sublease. In the event of litigation, the successful party shall
be awarded reasonable costs and legal fees, including attorney's fees.
MISCELLANEOUS
A. This Sublease, the Lease Agreement, the 2010 IGA and the Plan constitute the
entire agreement between the parties and no oral or other representations prior to
the date hereof shall be binding.
B. The Sublessee may not assign this Sublease without the consent of the Lessee.
Page 3 of 4
C. This agreement is intended to benefit the parties hereto and the Lessor. No
other parties are intended to have any enforceable rights under this agreement and
shall have no rights to enforce any term of this agreement.
D. Notices required or permitted by this Lease shall be provided in writing to the
parties at the following addresses, or such other addresses as the parties may
designate:
CITY OF FORT COLLINS
P.O. Box 580
Fort Collins. CO 80522
Attn: Director of Natural Resources
With a copy to:
Same address, Attn: Real Estate Services
[insert COUNTY notice address]
E. For public notice purposes, this Sublease may be recorded.
CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By:
Darin A. Atteberry, City Manager
ATTEST:
Wanda J. Krajicek, City Clerk
APPROVED AS TO FORM:
Carrie M. Daggett, Assistant City Attorney
[ADD COUNTY SIGNATURE BLOCK]
Page 4 of 4
EXHIBIT A
Description of Sublease Property
Page 4 2of 2
The Sublease Property shall consist of that 150 foot wide (north to.south) strip of land along
the south side of Fossil Creek Reservoir,which land is a portion of the property leased by the
North Poudre irrigation Company to the City of Fort Collins,
and which 150 foot wide (north to south) strip of land is adjacent to the north boundary of
those parcels of land described in,deeds 'recordedin the Office of the Larimer County Clerk:
and Recorder at Reception Number 2602017342(property situated in the S 1/2 of Section 16),
and Reception Number/001016952(property-situated in the SE Ja of Section 17);said parcels
being located in Township 6.North,Range 68 West of the 6"'P.M.,Larimer County,Colorado
and,referred-to herein as "Fossil Creek Reservoir Regional Open Space",
and which 150. foot wide (north to south) "strip of land is bounded on the east by a .line
extending directly north from the, east boundary of.Fossil Creek Reservoir Regional Open
Space and on the west by aline extending;directlynorth:from the west boundary of the same.
Fossil Creek Reservoir Regional Open Space EXHIBIT A
Description of Sub-lease Area Page 2 of 2
Kechter Rd
C
a
E
i`
Fossil Creek Reservoir
Duch Regional Open Space -
Lake
Carpenter Rd
Protected Properties O Growth Management Area boundaries
Fort Collins Natural Area Cities
Conservation Easement Water Features N atyof
Larimer Count Open Lands n Fort Collins
Y P — Streets
® City Leased from North Poudre Irrigation Company a`easw°9"
- Area Sub-Leased to Larimer County Miles
0 0.25 0.5 0.75 1
RESOLUTION 2009-102
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN AMENDED AND RESTATED INTERGOVERNMENTAL
AGREEMENT WITH LARIMER COUNTY CONCERNING THE FOSSIL CREEK
RESERVOIR AREA PROPERTY
WHEREAS,in January 2001,the City Council adopted Ordinance No. 3,2001,authorizing
an intergovernmental agreement between the City and Larimer County related to the joint acquisition
and ownership of seven properties in the Fossil Creek Reservoir area, and authorizing the
conveyances contemplated therein; and
WHEREAS,in January 2001,the City and Larimer County entered into an Intergovernmental
Agreement Concerning the Fossil Creek Reservoir Properties (the "2001 IGA"), consistent with
Ordinance No.003, 2001; and
WHEREAS,on April 1,2003,the City Council passed Resolution 2003-046 authorizing an
amendment to the 2001 IGA to modify certain terms regarding acquisition and improvement of the
properties identified in the 2001 IGA; and
WHEREAS, on April 15, 2003, the City and County entered into that Amendment to the
2001 IGA; and
WHEREAS,on February 7,2006,the City Council passed Resolution 2006-012 authorizing
a second amendment to the 2001 IGA to delay the transition of management of the properties from
the County to the City until January 1,2010,rather than at the time the properties were annexed;and
WHEREAS,on March 14, 2006,the City and County entered into that Second Amendment
to the 2001 IGA; and
WHEREAS,the County has asked that it be allowed to remain the"managing entity"under
the 2001 IGA after January 1, 2010, so that its Open Lands Rangers can continue to use the ranger
office building located on the property, and in exchange the County would continue to patrol the
property, provide visitor management and enforcement, and remove trash; and
WHEREAS, rather than making the 2001 IGA more complicated by doing a third
amendment, City staff is recommending that the City and County enter into a new IGA, simplified
and updated, that would replace the 2001 IGA and its prior amendments, and reflect the City and
County's current arrangements regarding the Fossil Creek Reservoir properties; and
WHEREAS, the City and County have negotiated a proposed Amended and Restated
Intergovernmental Agreement,a copy of which, dated November 5,2009, is on file in the Office of
the City Clerk and available for public inspection; and
WHEREAS, the City is authorized to enter into intergovernmental agreements for
cooperative or joint activities with other governments,or 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 is hereby authorized to execute an Amended and Restated
Intergovernmental Agreement in substantially the form as is on file in the Office of the City Clerk,
along with such other terms and conditions as the City Manager, in consultation with the City
Attorney, deems necessary or appropriate to protect the best interests of the City or to effectuate the
purposes of this Resolution.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 17th
day of November A.D. 2009.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 127, 2009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE SUBLEASE TO LARIMER COUNTY
OF PORTIONS OF THE FOSSIL CREEK RESERVOIR PROPERTY
LEASED BY THE CITY FROM NORTH POUDRE IRRIGATION COMPANY
WHEREAS, pursuant to the terms of a Lease Agreement, dated October 21, 2001, the City
leases from North Poudre Irrigation Company the surface rights to Fossil Creek Reservoir, and
certain adjacent property (collectively, the "Leased Property"); and
WHEREAS, on January 16, 2001, the City Council adopted on second reading Ordinance
No. 003, 2001, authorizing an intergovernmental agreement between the City and Larimer County
related to the joint acquisition and ownership of seven properties in the Fossil Creek Reservoir area
along with certain other related action; and
WHEREAS,in January 2001,the City and Larimer County entered into an intergovernmental
agreement concerning the Fossil Creek Reservoir Area Properties(the"2001 IGA"),consistent with
Ordinance No. 003, 2001; and
WHEREAS, the 2001 IGA provided that certain of the properties acquired by the City and
County would be managed by Larimer County as part of the Fossil Creek Reservoir Regional Open
Space; and
WHEREAS, in 2004, City staff determined that it would be to the mutual advantage of the
City and the County for the City to sublease to the County, substantial portions of the Leased
Property, for day-to-day operation and management by the County, in a manner consistent with the
City's lease obligations, as part of the Fossil Creek Reservoir Regional Open Space; and
WHEREAS, on April 6, 2004, the City Council approved Ordinance No. 034, 2004,
authorizing the City to sublease portions of the Leased Property to the County, and the City and
County subsequently entered into a sublease agreement (the "2004 Sublease"); and
WHEREAS,the City and County have negotiated an amended and restated IGA intended to
replace the 2001 IGA,the approval of which the City Council is considering by separate resolution
(the "2010 IGA"); and
WHEREAS, in order to maintain consistency with the proposed 2010 IGA, the City and
County have also negotiated a proposed new sublease(the"2010 Sublease")that would replace the
2004 Sublease; and
WHEREAS, the main differences between the 2004 Sublease and the proposed 2010
Sublease are: (a)the 2010 Sublease would reduce the County's rights and obligations regarding the
Leased Property to be consistent with the County's reduced responsibilities under the 2010 IGA,and
(b)the 2010 Sublease would not require the County to pay rent for the sublease as it currently does;
and
WHEREAS, a draft of the 2010 Sublease, dated November 5, 2009, is on file in the office
of the City Clerk and available for public inspection; and
WHEREAS, the Board of North Poudre Irrigation Company (NPIC) reviewed the 2004
Sublease Agreement at its meeting of February 4,2004, and authorized the sublease pursuant to its
terms; and
WHEREAS, City staff will obtain any necessary approval from NPIC before the 2010
Sublease is executed; and
WHEREAS, City staff believes it is in the best interests of the City and County for the City
to continue subleasing a portion of the Leased Property to the County so that the City and County
can continue to cooperatively manage the Leased Property; and
WHEREAS,pursuant to Section 23-111(a)of the City Code,the City Council is authorized'
to sell, convey or otherwise dispose of any and all interest in real property owned in the name of the
City, provided that the City Council first finds, 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 Council hereby finds that the sublease of a portion of the Leased
Property at Fossil Creek Reservoir to the County as provided herein is in the best interests of the
City.
Section 2. That the City Manager is hereby authorized to execute a sublease agreement
in substantially the same form as is on file in the office of the City Clerk, together with such
additional terms and conditions as the City Manager, in consultation with the City Attorney,deems
necessary and appropriate to protect the interests of the City or to effectuate the purposes of this
Ordinance, including any necessary changes to the legal description of the sublease area, as long as
such changes do not materially increase the size or change the character of the sublease area.
-2-
Introduced, considered favorably on first reading, and ordered published this 17th day of
November,A.D.2009,and to be presented for final passage on the 1 st day of December,A.D.2009.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 1 st day of December, A.D. 2009.
Mayor
ATTEST:
City Clerk
-3-