HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/20/2010 - RESOLUTION 2010-021 APPROVING AN INTERIM AGREEMENT DATE: April 20, 2010
I
STAFF: J.R. Schnelzer • ' • •
SUBJECT
Resolution 2010-021 Approving an Interim Agreement Among the City, the Downtown Development Authority, the
Downtown Business Association, and Progressive Old Town Square Limited Liability Company, Regarding the
Maintenance and Management of Old Town Plaza.
EXECUTIVE SUMMARY
This interim agreement between the City of Fort Collins, the Downtown Development Authority, the Downtown
Business Association and Progressive Old Town Square Limited Liability Company supersedes certain provisions in
an agreement from 1993 and a subsequent interim agreement dated July 13, 2005, for the maintenance and
management of the Old Town Plaza.
BACKGROUND / DISCUSSION
The Old Town Plaza was developed in 1983-84 by a private developer to enhance the businesses in the Old Town
area and provide a walking mall for shoppers.The Downtown Development Authority(DDA)is the owner of this public
plaza. In July 1993, Resolution 1993-161 approved an agreement between the City of Fort Collins, the Downtown
Development Authority and the Fort Collins Old Town Limited Liability Company(FCOT) regarding the maintenance
and management of Old Town Plaza and establishing a payment in lieu of taxes in the event the City did not receive
a specified minimum tax increment from FCOT. On October 29, 1993, the City, DDA and Progressive Old Town
Square Limited Liability Company (POTS), successor in interest to FCOT, entered into an agreement pursuant to
Resolution 1993-161. The agreement was for a period of 25 years, with two ten-year extension periods.
Two amendments to the October 29, 1993 agreement have been made. One amendment concerned the provision
of electrical energy supply to lights and signs, dated May 20, 1994. The other amendment, dated August 14, 2000,
provided certain payments for enhanced maintenance and capital improvements for Old Town Plaza.
On July 13, 2005, the City, DDA and POTS entered into an "Interim Agreement" redefining and modifying the roles,
responsibilities and financial commitments of each of the parties with regard to the use, operation, maintenance and
repair of Old Town Plaza and adjacent rights-of-way. The Interim Agreement was for a one-year term while the parties
worked on a new permanent agreement to replace the 1993 agreement.
The parties have not yet been able to negotiate a new permanent agreement and now wish to enter into a "Second
Interim Agreement" to modify each parry's responsibilities for Old Town Plaza and adjacent rights-of-way. The City,
DDA and POTS will each contribute funds for maintenance and repair work,which will be performed by the City. This
Second Interim Agreement will expire December 31, 2011, or sooner, if the parties complete a new permanent
agreement. The Second Interim Agreement would also add the Downtown Business Association as a party because
of the DBA's role in the management of Old Town Plaza.
FINANCIAL IMPACT
Under the terms of the Second Interim Agreement,the DDAwill pay the City$58,931 annually as its share of the City's
costs for maintaining Old Town Square and the adjacent rights-of-way. POTS will contribute$4,500 per month, and
the City's share will be $58,931 per year. These amounts will be adjusted annually based on the Consumer Price
Index.
April 20, 2010 -2- ITEM 14
SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS
• Economic Impact: The continuation of this amended agreement will provide for the economic stability and aesthetic
qualities of the downtown core shopping area.
Environmental Impact: The current environment of the Old Town Plaza is developed around high intensity use,
consisting of raised planter beds, concrete water structure and hardscape consisting of pavers.The proposed interim
agreement will maintain the integrity of the hard surfaces by periodic power washing where all reclaimed water is
captured. Flower beds will be installed and maintained utilizing annual planting and backed up with perennial plants.
Watering will be determined by the weather and temperature with the desired result to meet 90% of required
evaporative transport. Fertilization will conform with stainable practices utilizing organic material as much as possible.
Staff in the core area will utilize a bicycle mode of transportation for the majority of the daily work.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
ATTACHMENTS
1. Second Interim Agreement
ATTACHMENT 1
SECOND INTERIM AGREEMENT
THIS SECOND INTERIM AGREEMENT is made and entered into this day of
, 20 , by and between the CITY OF FORT COLLINS , COLORADO, a
municipal corporation (the "CITY"), the FORT COLLINS , COLORADO, DOWNTOWN
DEVELOPMENT AUTHORITY, a body corporate and politic (the "DDA"), PROGRESSIVE
OLD TOWN SQUARE, LLC, a Colorado limited liability company ( "POTS "), and the FORT
COLLINS , COLORADO, DOWNTOWN BUSINESS ASSOCIATION, a Colorado nonprofit
corporation, (the "DBA") .
WITNESSETH :
WHEREAS , POTS is the owner of certain real property located in Old Town in the City
of Fort Collins, Larimer County, Colorado, more particularly described on Exhibit "A," attached
hereto and incorporated herein by this reference (the "Private Parcel ") ; and
WHEREAS , the DDA is the owner of certain real property also located in Old Town in
the City of Fort Collins, Larimer County, Colorado, more particularly described on Exhibit "B,"
attached hereto and incorporated herein by this reference ( "Old Town Plaza") ; and
WHEREAS , the City is the owner of certain rights-of-way adjacent to and abutting both
the Private Parcel and the Old Town Plaza including Trimble Court Alley, as depicted on
Exhibit "C," attached hereto and incorporated herein by this reference, as well as Tenney Court
Alley, located northeast of the intersection of College Avenue and Mountain Avenue (referred to
hereinafter collectively as the "Rights-of-Way") ; and
WHEREAS , on July 5 , 1983 , the DDA and Old Town Associates Ltd. , POTS '
predecessor in title, entered into an agreement (the "Implementation Agreement") for the
development of the Private Parcel and the Old Town Plaza (referred to hereinafter collectively as
the "Project") which set forth the duties and responsibilities of each party in connection with the
Project; and
WHEREAS , on October 29, 1993 , the DDA, POTS and the CITY entered into an
agreement which superceded the Implementation Agreement and which set forth the rights and
obligations of each party in connection with the Project and the Rights-of-Way, which agreement
is referred to herein as the " 1993 Agreement"; and
WHEREAS , two amendments to the 1993 Agreement have been executed, one dated
May 20, 1994, concerning the provision of electrical energy supply to the lights, signs and
appurtenant outlets for the Rights-of-Way and the other dated August 14, 2000, which provided
for certain payments for enhanced maintenance and capital improvements for the Old Town
Plaza, and a further agreement was executed on July 24, 1997 , related to the use of Larimer
County Enterprise Zone Monies in connection with the Old Town Plaza (the two amendments
and the 1997 agreement collectively referred to hereinafter as the "Additional Agreements"); and
Second Interim Agreement.FIN AL.01 .28 . 10 1
WHEREAS , in 2005 the City and DDA cooperated on a project to renovate and
redevelop Tenney Court and Trimble Court alleys ; and
WHEREAS , the DDA, POTS and the CITY intend in the near future to restructure their
rights and obligations in connection with the Old Town Plaza and the Rights-of-Way and to
memorialize their understanding in a new agreement or agreements intended to supercede the
1993 Agreement and the Additional Agreements in order to provide for public operation of the
Old Town Plaza and a financing structure to ensure consistently high-quality maintenance, repair
and renovation of it; and
WHEREAS , the DDA, POTS and the CITY executed the Interim Agreement dated July
13 , 2005 (the "Interim Agreement"), which established certain rights and responsibilities of such
parties in connection with the use, operation, maintenance and repair of the Old Town Plaza for
the period ending on June 14, 2006, or until an agreement is executed by such parties
permanently superceding the 1993 Agreement and the Additional Agreements (the "Permanent
Agreement"), whichever first occurred; and
WHEREAS, the Interim Agreement granted to the DDA the right to manage Old Town
Plaza, including any right to grant licenses and concessions to vendors, to schedule use of Old
Town Plaza by third parties in connection with vending, promotional activities or other private
purposes, and the right to delegate such obligations to the DBA pursuant to the DDA's written
agreement with the DBA regarding the same; and
WHEREAS , while the Interim Agreement expired on June 14, 2006, in contemplation of
this Second Interim Agreement and the future execution of the Permanent Agreement, the parties
hereto have continued to perform their respective duties and obligations as verbally agreed
among themselves ; and
WHEREAS , the parties hereto desire to enter into this Second Interim Agreement for the
purposes of acknowledging and ratifying the past performance of the parties from and after June
14, 2006, and to set forth the rights and obligations of the parties for a second interim period, as
hereinafter described .
NOW, THEREFORE, by and in consideration of the above premises and the within terms
and conditions, the parties hereto agree as follows :
1 . 0 TERM
1 . 1 Initial Term. The term of this Second Interim Agreement shall be effective
retroactively to June 15 , 2006, and shall continue through December 31 , 2010 .
1 . 2 Automatic Renewal . Unless the Permanent Agreement has been executed
prior to December 31 , 2010, the term of this Second Interim Agreement
shall automatically renew for an additional one ( 1 ) year period,
commencing January 1 , 2011 , and continuing through December 31 , 2011 ,
subject to the early termination provision set forth in Section 1 . 3 below.
Second Interim Agreement.FIN AL.01 .28. 10 2
1 . 3 Execution of Permanent Agreement. The provisions of 1 .2 above
notwithstanding, any party hereto shall have the right to terminate this
Second Interim Agreement after January 1 , 2011 , upon sixty (60) days '
prior written notice to the other parties hereto . If such termination occurs
prior to the end of a calendar year during the term hereof, contributions by
the parties hereto shall be prorated in accordance with the provisions of
Sections 3 .2 .4 and 4. 0 hereof.
2 . 0 CITY RESPONSIBILITIES
2 . 1 Maintenance. During the Term of this Second Interim Agreement, subject to
annual appropriation of sufficient funds therefor, the CITY shall be responsible
for the maintenance of Old Town Plaza and the Rights-of-Way, and the repair and
replacement of improvements thereon, as specifically set forth in the scope of
services attached hereto as Exhibit "D" and incorporated herein by reference
("Scope of Services") .
2 .2 Ri is-of-Way. The City shall control the use of the Rights-of--Way in
accordance with applicable state statutes and the Charter of the City of Fort
Collins and the Fort Collins Municipal Code, including permitting and regulation
of vending and concession operations within the Rights-of-Way, and regulation of
First Amendment activities within the Rights-of--Way.
2 . 3 Utility Charges for Tenney Court Alley. The City shall be responsible during the
term hereof for the cost of utilities for Tenney Court Alley.
3 . 0 FUNDING
3 . 1 DDA Payments/Contribution. .
3 . 1 . 1 Past Payments. The parties hereto acknowledge the following payments by
the DDA to the CITY as its share of the costs of maintenance of Old Town
Plaza and the Rights-of-Way, and the repair and replacement of
improvements thereon, for calendar years 2005 through 2008 : (i) the sum
of Twenty-nine Thousand Five Hundred Dollars ($29, 500. 00) for the
period June 2005 through December 2005 ; (ii) the sum of Fifty-four
Thousand Five Hundred Dollars ($ 54,500. 00) for calendar year 2006 ; (iii)
the sum of Fifty-five Thousand Five Hundred Dollars ($55 ,500.00) for
calendar year 2007 ; and (iv) the sum of Fifty-six Thousand Seven
Hundred and Twenty-one Dollars ($ 56,721 .00) for calendar year 2008 .
Second Interim Agreement.FINAL.01 .28. 10 3
3 . 1 .2 DDA Contribution. The DDA shall be obligated to make an annual
contribution to the CITY in the amount of Fifty-eight Thousand Nine
Hundred Thirty-One Dollars ($ 58 ,931 . 00) as its share of the annual cost to
perform the Scope of Services, with such payment being due on or before
June 30 of each year during the term hereof (the "DDA Contribution") .
The parties hereto acknowledge the DDA ' s payment to the CITY of the
DDA Contribution for calendar year 2009. Beginning with calendar year
2010, the DDA Contribution shall be annually adjusted to reflect changes
in the consumer price index, in accordance with Section 7 hereof.
3 . 1 . 3 Limitation on DDA Contribution. All financial obligations of the DDA
arising under this Second Interim Agreement that are payable after the
2009 fiscal year are expressly contingent upon funds for that purpose
being annually appropriated, budgeted and otherwise made available by
the City Council of the CITY, in its sole discretion, and/or the Board of
Directors of the DDA, in its sole discretion, as applicable.
3 . 1 .4 DDA Direct Expenses. Maintenance, repair or replacement expenses
described in the Scope of Services as being the responsibility of the DDA
shall be identified and approved in accordance with the Scope of Services,
and the DDA shall be responsible for direct payment of such expenses.
3 . 1 . 5 Utility Charges for Old Town Square and Trimble Court Alley. The DDA
has been paying and shall continue to pay during the term hereof all utility
charges related to Old Town Plaza and Trimble Court Alley.
3 .2 POTS Payments/Contribution.
3 . 2 . 1 Past Payments. The parties hereto acknowledge that POTS has made
monthly contributions to the CITY for the period beginning June 2006 and
continuing through execution hereof as its share of the costs of
maintenance of Old Town Plaza and the repair and replacement of
improvements thereon.
3 .2 . 2 POTS Contribution. Commencing on the fifteenth ( 15th) day of the month
in which execution of this Second Interim Agreement occurs, and
continuing on the fifteenth ( 151h) day of each month thereafter during the
term hereof, POTS shall make a monthly payment to the CITY in the
amount of Four Thousand Five Hundred Dollars ($4, 500. 00) (the "POTS
Contribution") as its share of the cost to perform the Scope of Services .
Beginning with the POTS Contribution due on March 151h, 2010, and
annually on the same day each year thereafter during the term hereof, the
amount of the POTS Contribution shall be adjusted to reflect changes in
the consumer price index, in accordance with Section 7 hereof.
Second Interim Agreement.FIN AL.0 1 .28. 10 4
3 .2 . 3 Conditional Release of Certain Obligations . During the term hereof, and
provided POTS is current in making such monthly payments, it shall have
no obligation under the 1993 Agreement, the Additional Agreements or
this Second Interim Agreement to perform any maintenance of Old Town
Plaza of the Rights-of-Way, or repair or replace any improvements
thereon, nor shall it be responsible for paying any utility charges in
connection with Old Town Plaza or the Rights-of-Way.
3 . 2 .4 Prorated Reimbursement. In the event this Second Interim Agreement
terminates after the 15th day of the month in which termination occurs, and
POTS has made its required POTS Contribution that month, the CITY
shall reimburse POTS , on a prorated basis, for the balance of such
payment.
3 . 3 CITY Past Contributions/Contribution.
3 . 3 . 1 Past Contributions. The parties hereto acknowledge that the CITY has
contributed the sum of Fifty Six Thousand Dollars ($ 56,000. 00) per year
as its share of the costs of maintenance of Old Town Plaza and the Rights-
of-Way, and the repair and replacement of improvements thereon, for
calendar years 2006 through 2008 .
3 . 3 .2 CITY Contribution. The CITY shall be obligated to make an annual
contribution, subject to the limitations of Section 9 hereof, in the amount
of Fifty-eight Thousand Nine Hundred Thirty-one Dollars ($ 58 ,931 . 00) as
its share of the annual cost to perform the Scope of Services (the "City
Contribution"). The parties hereto acknowledge the CITY ' s contribution
of the City Contribution for calendar year 2009 . Beginning with calendar
year 2010, the City Contribution shall be annually adjusted to reflect
changes in the consumer price index, in accordance with Section 7 hereof.
3 . 3 .3 Limitation on City Contribution. All financial obligations of the CITY and
arising under this Second Interim Agreement that are payable after the
2009 fiscal year are expressly contingent upon funds for that purpose
being annually appropriated, budgeted and otherwise made available by
the City Council of the CITY, in its sole discretion.
4. 0 PRORATION OF CITY/DDA FUNDING CONTRIBUTIONS .
It is acknowledged and agreed by the parties hereto that the payments and contributions
to be made by the DDA and the CITY for performance of the Scope of Services are intended to
be their annual contribution for maintenance of Old Town Plaza and the Rights-of-Way, and the
repair and replacement of improvements thereon. In the event that the Permanent Agreement is
executed prior to expiration of the term hereof, the annual amounts to be contributed by the
Second Interim Agreement.FIN AL.01 .28. 10 5
CITY and the DDA during the first year of the Permanent Agreement shall be adjusted
accordingly. In the event of early termination of this Second Interim Agreement, as provided in
Section 1 . 3 hereof, the CITY shall refund to the DDA, on a prorated basis, the DDA
Contribution.
5 . 0 MANAGEMENT OF OLD TOWN PLAZA.
During the Term hereof, POTS agrees that the DBA shall have the right and obligation to
manage the Old Town Plaza, including the right to grant licenses and concessions to vendors and
service providers and to schedule use of Old Town Plaza by third parties in connection with
vending, promotional activities or other private purposes, all pursuant to the DDA's written
agreement with the DBA regarding the same.
6 . 0 QUARTERLY MEETINGS .
The parties hereto agree to meet quarterly during the term hereof (July, October, January
and April) to review the work performed under the Scope of Services, discuss any problems with
such work and to address the same.
TO ANNUAL CONTRIBUTION ADJUSTMENT
T 1 Contribution Adjustment Formula. The amount of the DDA Contribution, the City
Contribution and the POTS Contribution shall be annually adjusted during the
term hereof to reflect increases in the Price Index ("Price Index" being defined in
Section 7 .2 below). Such adjustment shall be referred to hereinafter as "Adjusted
Contribution." The formula for annually determining the Adjusted Contribution
for each party shall be: Revised Price Index divided by Base Price Index times
Initial Contribution equals Adjusted Contribution :
Revised Price Index x Initial Contribution = Adjusted Contribution
Base Price Index
7 .2 Definitions . In applying the annual adjustment formula, the following definitions
shall apply:
• "Price Index" shall mean the Consumer Price Index published semi-annually
by the Bureau for the Denver-Boulder-Greeley area, for All Urban
Consumers, All Items, Base Period 1982-84 = 100 .
• "Base Price Index" shall mean the Price Index released to the public in August
2009 .
• "Revised Price Index" shall mean the Price Index released to the public in
Second Interim Agreement.FINAL.01 .28 . 10 6
February of each year during the term hereof, commencing February 2010.
• "Initial Contribution" shall mean the amounts listed in Section 3 hereof for the
DDA Contribution, the CITY Contribution and the POTS Contribution.
• "Bureau" shall mean the Bureau of Labor Statistics of the United States
Department of Labor or any successor agency that shall issue the Price Index
referred to herein. Should the Bureau discontinue the publication of the Price
Index or publish the same less frequently or alter the same in some material
respect, the parties hereto shall adopt a substitute Price Index or substitute
procedure which reasonably reflects and monitors consumer prices .
8 . 0 1993 AGREEMENT
The 1993 Agreement shall remain in full force and effect and shall continue to bind the
parties thereto except to the extent that the provisions of this Second Interim Agreement amend
or otherwise alter the terms of the 1993 Agreement. In the event of a conflict between the terms
of this Second Interim Agreement and the 1993 Agreement, this Second Interim Agreement shall
control .
9.0 COLORADO LAW
This Second Interim Agreement shall be governed by, and its terms construed under, the
laws of the State of Colorado .
10. 0 NOTICES/PAYMENT
All notices and payments to be given to parties hereunder shall be in writing and shall be
sent by certified mail to the addresses specified below :
If to the DDA : Fort Collins, Colorado,
Downtown Development Authority
Attn: Executive Director
19 Old Town Square, Suite 230
Fort Collins, CO 80524
With a copy to : Liley, Rogers & Martell, LLC
Attn : Lucia A. Liley, Esq.
300 South Howes Street
Fort Collins, CO 80521
If to the CITY: City of Fort Collins
Attn: Finance Department
Second Interim Agreement.FIN AL.0 1 .28. 10 7
215 N. Mason Street
Fort Collins, CO 80521
With a copy to : City Attorney' s Office
Attn: Stephen J . Roy, Esq.
300 Laporte Avenue
Fort Collins, CO 80521
If to POTS : Progressive Old Town Square, LLC
c/o Old Town Square Properties, Inc.
5 Old Town Square, Suite 216
Fort Collins, CO 80524
With a copy to : Hasler, Fonfara & Maxwell LLP
Attn: Timothy W. Hasler, Esq.
125 S . Howes Street, 6th Floor
Fort Collins, CO 80521
If to the DBA : Fort Collins, Colorado,
Downtown Business Association
Attention: Executive Director
19 Old Town Square, Suite 230
Fort Collins, CO 80524
With a copy to : Watrous & Allbrooks
Tom Watrous, Esq.
19 Old Town Square, Suite 23 8
Fort Collins, CO 80524
12 .0 COUNTERPARTS
This Second Interim Agreement may be executed in multiple counterparts, each of which
shall constitute an original, but all of which, taken together, shall constitute one and the same
document.
13 . 0 BENEFIT, BINDING EFFECT
This Second Interim Agreement shall be binding on and inure to the benefit of the parties
hereto, their heirs, successors and assigns.
Second Interim Agreement.FINAL.0 1 .28 . 10 8
14. 0 REMEDIES
In the event of any default in or breach of this Second Interim Agreement or any of its
terms or conditions by any party hereto or any successor in interest to such party, the non-
defaulting party or parties shall have all remedies, at law or in equity, to which it or they may be
entitled. All parties acknowledge that, as of the execution of this Second Interim Agreement,
there have been no defaults in or breaches of the terms of this Second Interim Agreement by any
party to date.
15 .0 LEGAL FEES AND COSTS
In the event that any party hereto defaults in any of its duties, covenants or obligations
under this Second Interim Agreement, the non-defaulting party or parties shall be entitled to and
shall be awarded all reasonable costs and expenses incurred in enforcing this Second Interim
Agreement, including attorneys' fees and other legal costs and expenses .
IN WITNESS WHEREOF, the parties have executed this Second Interim Agreement as
of the date written above.
CITY OF FORT COLLINS, COLORADO,
a municipal corporation
By:
Darin Atteberry, City Manager
ATTEST:
Wanda Krajicek, City Clerk
APPROV 1 A O ORM :
Assistant City Attorney
Second Interim Agreement.FINAL.0 1 .28 . 10 9
THE FORT COLLINS , COLORADO,
DOWNTOWN DEVELOPMENT AUTHORITY,
a y corporate d politic
By:
Patty Spen r, fairperson
ATTEST :
JVIAI:�
Bill Sears, Secretary
PROGRESSIVE OLD TOWN SQUARE , LLC , a
Colorado limited liability company
By: 41455,1 �e� —
BrAnT Sroukup, Ma ember
STATE OF COLORADO )
ss .
COUNTY OF LARIMER )
The foregoing Second Interim Agreement was acknowledged before me this 1 day of
201 p , by Brian T. Soukup, as Managing Member of Progressive Old Town
Square LLC , a Colorado limited liability company.
Witness my hand and official seal .
My commission expires : 7. 1 �u� l
CPRY F'(!6
O :'' ' ••.lam
2' .n o ary blic
JOANNA M. ':
STONE
OE Cd►-
MY COMMISSION EXPIRES:
February 6, 2011
Second Interim Agreement.FINAL.0 1 .28 . 10 10
THE FORT COLLINS , COLORADO,
DOWNTOWN BUSINESS ASSOCIATION,
a Colorado nonprofit corporation
By:
PrIsident, DB /
Name: ` -e i �T � f ki
(please p ' nt)
STATE OF COLORADO )
ss .
COUNTY OF LARIMER )
The foregoing Second Interim Agreement was acknowledged before me this /� day
of Mo4w� ++- , 20 byaj) <w ph J . i4unncIA , as President of the Fort Collins, Colorado,
Downtown Business Association, a nonprofit corporation.
Witness my hand and official seal .
My commission es : —
.-y w
►?� (�
Notary Public
rE OFF
Second Interim Agreement.FINAL.0 1 .28. 10 11
EXHIBIT A
(Page 1 of 3)
TO SECOND INTERIM AGREEMENT BY AND AMONG THE FORT COLLINS,
COLORADO DOWNTOWN DEVELOPMENTAUTHORITY, THE CITY OF FORT
COLLINS, COLORADO, PROGRESSIVE OLD TOWN SQUARE. LLC AND
THE FORT COLLINS, COLORADO, DOWNTOWN BUSINESS ASSOCIATION
PARCEL I : Legal Description of "The Private Parcel "
L� ts ' A , 17 , 16 , 15 , and 14 and portions of Lots 13 , 12 , 11 , and
10 in Block 19' in the City of Fort Collins , and portions of the
abandoned Linden Street in the City of Fort Collins , according to
the recorded Plats thereof , County of Larimer , - State of Colorado ,
being described as follows : beginning at the Southwest Corner of
Block 1B in the City of Fort Collins , County of Larimer , state of
Colorado ; thence N 89 degrees 57 ' 40 " E 59 . 79 feet ; thence N 41
degrees 16120 " E 91 . 31 feet ; thence S 46 degrees 46 ' 0011 r 65 . 06
feet to the true Point of Beginning ; thence S 41 degrees 16120 " W
15 . 00 feet ; thence S 23 degrees 01115 " E 13 . 82 feet ; thence N 89
degrees 57 ' 40 " E 162 . 21 feet ; thence N 0 degrees 1914711 W 14 . 24
feet ; thence N 89 degrees 40113 " E 4 . 00 feet ; thence N 44 degrees
40113 " E 14 . 15 feet ; thence N 0 degrees 19 ! 47 " W 76 . 00 feet ;
thence IJ 45 degrees 19147 " W 14 . 15 feet ; thence S 89 degrees
40113 " W 4 . 00 feet ; thence N. 0 degrees 19147 " W 30 . 04 feet ;
thence N 67 degrees 4314911 W 8 . 09 feet ; thence S 41 degrees
33 ' 28 " W 0 . 95 feet ; thence N 48 degrees 43 ' 40 " . 19 3 . 54 feet ;
thence S 86 degees 16 ' 20 " W 15 . 00 feet ; thence S 41 degrees
1612011 W 20 . 51 feet ; thence S 3 degrees 43 ' 40 " E 7 . 50 feet ;
thence S 86 degrees 16• ' 20 " W 27 . 53 feet ; thence S 41 degrees
16120 " W 129 . 29 feet ; thence N 46 degrees 4610011 W 6 . 51 feet to
the True Point of Beginning .
PARCEL II :
Portions of Lots 181 19 , 20 and , 21 in Block 19 in the City of
Fort Collins and a portion of the abandoned alley between Linden
and Walnut Streets in said Block 19 , according to the recorded
Plat thereof , County of Larimer , State of Colorado , being
described as follows : beginning at the Northeast Corner of Bloc ):
18 , in the City of Fortr Collins , County of. Larimer , State of
Colorado , thence S 48 degrees 43 ' 3 .0 " E 100 . 00 feet to the True
Point of Beginning ; thence S 41 degrees 316 " W 78 . 57 feet ; thence
S 1 degree 7 ' 10 " E 7 . 72 feet ; thence S 61 degrees 8 ' 0 " E 12 . 5E
feet ; thence S 28 degrees 5210 " W 10 . 67 feet ; thence 5 12 decrees
i ' 12 " E 6 . 39 feet ; thence S 61 degrees 810 " E 26 . 25 feet ; thence
14 88 decrees 56111 " E ' 'a . 69 feet ; thence 14 26 degrees 524r0 " E
10 . 67 feet ; thence S 61 degrees 6 ' 0 " E 11 , 50 feet ; thence I: 41
degrees 4116 " E 32 . 45 feet ; thence S 46 degrees 16 ' S : " E 14 . 67
feet ; thence I4 65 degrees 2711711 E 5 , 52 feet ; thence N 40 degrees
26 ' 27 " E 32 . 55 feew ; thence N 4E degrees 42140 " jC E7 . 47 feet to
she True Po _ rit of Becir. .-
Portions of _ = ts 10 , - = and : 2 in Block 19 in tha City of rort
� ollimS , Ecco _ dina t ,^, the reczrded Plats icile � EC �. , Co ntv o =
Larimer , State of Colorado being described as follows : be � inninc
at the Southwest Corner c _ Bloc): ? S in the City of Fort Collins ,
Coun v of Larimer , State of Colorado ; thence N SG decrees 57 ' 40 "
. 1
EXHIBIT A
( Page 2 of 3)
E 375 . 13 feet to the True Point 'of Beginning ; thence N 0 degrees
8 ' 4711 , E 14 . 00 feet ; thence s 89 degrees 571140 " W 4 . 00 feet ;
thence N 45 degrees 2 ' 20 " W 14 . 15 feet ; thence N 0 degrees 212011
W 75 . 28 feet ; thence N 44 degrees 57140 " E 14 . 15 feet ; thence N
89 degrees 57140 " E 41 . 16 feet ; thence S 45 degrees 212011 E 18 . 08
feet ; thence S 0 degrees 212011 E 96 . 51 feet ; thence S 89 degrees
57140 " W 50 . 00 feet to the True Point of Beginning .
PARCEL IV :
A portion of the abandoned Linden Street at Block 18 , 19 , in the
City of Fort Collins , according to the recorded Plats thereof ,
County of Larimer , State of Colorado , being described as follows :
beginning at the Northeast corner of said Block IS ; thence S 48
degrees 43 , 30 " E 50 . 00 .feet ; 'thence S 41 degrees 16 ' 20 " W 34 . 3S
feet ; thence N 48 degrees 43 ' 40 " W 3 . 38 feet to the True Point of
Beginning ; thence N 48 degrees 43 ' 40 " W 11 . 14 feet ; thence 5 86
degrees 16130 " W 9 . 24 feet ; thence S: 41 degrees 16 ' 20 " 14 11 . 14
feet ; thence S 3 degrees 43 ' 4011 E 19 . 24 feet ; thence S 48 degrees
43140 " E 11 . 14 feet ; thence ' N 86 degrees 16 ' 20 " E 9 , 24 feet ; '
thence N 41 degrees 16 ' 20 " E 11 . 14 feet ; thence N 3 degrees
43140 " W 19 . 24 feet to the True Point of Beginning .
PARCEL V :
Lots 23 , 24 , 25 •, 26 , 27 , 28 and 29 of Block 18 in the City of
Fort Collins and a portion of the abandoned Linden Street , City
of Fort Collins , according to the recorded Plats thereof , County
of Larimer , State of Colorado being described as follows : begin -
ning at the Southwest Corner of said Block 18 , thence N 89 de -
grees 57140 " E 59 . 79 feet ; thence N 41 degrees 1612011 E 211 . 31
feet to the True Point of Beginning ; thence N 48 degrees 43140 " W
18 . 02 feet ; thence N 3 degrees 43140 " W 7 . 07 feet ; thence N 48
degrees 43 ' 40 " W ' 18 . 65 feet ; thence N 0 degrees 00 ' 00 " E 232 . 86
feet ; thence S 45 degrees 43 ' 30 " E 196 . 60 feet ; thence S 41 de -
grees 16 ' 20 " W 150 . 00 feet ; thence S 48 degrees 43140 " E 6 . 50
feet ; thence S 3 degrees 43 ' 40 " E 11 . 55 feet ; thence S 41 degrees
16120 " W 5 . 83 feet ; thence S eG degrees 164* 20 " W 22 . 63 feet to
the True Point of Beginning .
PARCEL VI :
Lots 7 and . 8 , and portions of Lots 6 and 30 of Block 18 in the
City of Fort Collins and a portion of the abandoned Linden Street
in the City of Fort Collins , according to the recorded Plats
thereof , County of Larimer , State of Colorado being described as
follows : beginning at the Southwest Corner of said Block 18 ;
thence N 89 degrees 59 ' 40 " E . 59 . 79 feet ; thence N 41 degrees
16120 " E 91 . 31 feet to the True Point of Beginning ; thence S 46
degrees 4610 " E 5 . 81 feet ; thence N 86 degrees 16120 " E 8 . 29
feet ; thence N 41 degrees 16 ' 20 " E 14 . 15 feet ; thence N 3 degrees
43140 " W 2 . 83 feet ; thence N 48 degrees 43140 " W 9 . 67 feet ; ;
2
SX IBIT A
( Page 3 of 3 )
thence N 41 degrees 12 ' 20 " B 3_ . 51' feet ; thence N 86 degrees
1612001 E 8 . 48 feet ; thence N 41 degrees 16 ' 20 " E 56 . 16 feet ;
thence N 3 degrees 43 ' 40 " W 25 . 97 feet ; thence N 48 degrees
43140 " W 12 . 98 feet ; thence S 41 degrees 16120 " W 6 . 00 feet ;
I thence N 48 degrees 43 ' 40 " W 18 . 85 feet ; . thence N 90 degrees
00 ' 00 " W 121 . 70 feet ; thence S 0 degrees 00 ' 00 " W 26 . 24 feet ;
thence S 48 degrees 43140 " E 118 . 35 feet to the True Point of
Beginnning .
i
1 .
f
1
3
EXHIBIT B
TO SECOND INTERIM AGREEMENT BY AND AMONG THE FORT COLLINS,
COLORADO DOWNTOWN DEVELOPMENTAUTHORITY, THE CITY OF FORT
COLLINS, COLORADO, PROGRESSIVE OLD TOWN SQUARE. LLC AND
THE FORT COLLINS, COLORADO, DOWNTOWN BUSINESS ASSOCIATION
Legal Description of "Old Town Plaza"
A part of Blocks 18 , 19 , and Linden Street in the City of Fort
Collins , according to the recorded plats thereof , County of
Larimer , State of Colorado being described as follows : beginning
at the Southwest Corner of said Block 18 ; thence N 89 ° 57 ' 40 " E
59 . 79 feet ; thence N 41016120 " $ 91 . 31 feet to the True Point of
Beginning ; thence S 48043r40 " E 6 . 00 feet ; thence N 86016r20 " E
8 . 01 feet ; thence N 41016r20 " E 14 . 15 feet ; thence N 03043r40 " W
2 . 83 feet ; thence N 48043140 " W 9 . 67 feet ; thence N 41 * 12120 " E
3 . 51 feet ; thence N 86016120 " E 8 . 48 feet ; thence N 41 * 16120 " E .
56 . 16 feet ; thence N 03 * 43r4O " W 25 . 97 feet ; thence N 48043140 " W
12 . 98 feet ; thence S 41016120 " W 6 . 00 feet ; thence N 48043140 " W
18 . 85 feet ; thence N 56053 # 05 " E 20 . 77 feet ; thence N 00000100 " E
6 . 65 feet ; thence S 48043140 " E 18 . 65 feet ; thence S 03143140 " E
7 . 07 feet ; thence S 48043140 " E 18 . 02 feet ; thence N 86016120 " E
22 . 63 feet ; thence N 41016 ' 2Ou E 5 . 83 feet ; thence N 03 * 43140 " W
11 . 55 feet ; thence N 48043140 " W 6 . 50 feet ; thence N 41 * 16120 " E
150 . 00 feet ; thence S 48143 ' 30 " E 99 . 98 feet ; thence S 41003r06 " W
78 . 57 feet ; thence S 01907 ' 10 " E 7 . 72 feet ; thence S 61008100 " E
12 . 58 feet ; thence S 28052 ' 00 " W 10 . 67 feet ; thence S 12 '007r12 " E
8 . 39 feet ; thence S 61008 ' 00 " E 26 . 25 feet ; thence N 88056111 " E
12 . 69 feet ; thence N 28052100 " E 10 . 67 feet ; thence S 61008100 " E
11 . 50 feet ; thence N 41041106 " E 32 . 45 feet ; thence S 48018r54 " E
14 . 67 feet ; thence N 65027r17 " E 5 . 52 feet ; thence N 40026r27 " E
32 . 55 feet ; thence S 48 ° 43r30 " E 48 . 71 feet ; thence S 89038 ' 03 " W
45 . 24' feet ; thence S 67024118 " W 18 . 40 feet ; thence S 01006r40 " W
19 . 80 feet ; thence S 42044131 !' W 15 . 67 feet ; thence N 45002 ' 20 " W
14 . 15 feet ; thence S 89057140 " W 41 . 16 feet ; thence S 449571' 40 " W
14 . 15 feet ; thence S 00002r20 " E 75 . 28 feet ; thence S 45002r20 " E
14 . 15 feet ; thence N 89057140 " E 4 . 00 feet ; thence S 00 ° 08 ' 47 " W
14 . 00 feet , thence S 89057140 " W 49 . 37 feet ; thence N 00019147 " W
14 . 24 feet ; thence N 89040 ' 13 " E 4 . 00 feet ; thence N 44140113 " E
14 . 15 feet ; thence N 00919 / 47 " W 76 . 00 feet ; thence W 45 ° 19 ' 47 " W
14 . 1S feet ; thence S 89040113 " W 4 . 00 feet ; thence N 00019 / 47 " W
30 . 04 feet ; thence N 87043 ' 49 " W 8 . 09 feet ; thence S 41033 ' 28 " W
0 . 95 feet ; thence N 48943 ' 40 " W 3 . 54 feet ; thence S 86 ° 16120 " W
15 . 00 feet ; thence S 41116120 " W 20 . 51 feet ; thence S 03043r40 " E
7 . 50 feet ; thence S 86 ° 16r20 " W 27 . 92 feet ; thence S 41 ° 16 ' 20 " W
129 . 29 feet ; thence N 46046 ' 00 " W 71 . 57 feet to the True Point of
Beginning ; excluding a part of Linden Street in the City of Fort
Collins , County of Larimer , State of Colorado being described as
follows : beginning at the Northeast Corner of said Block 18 ( most
easterly corner ) ; thence S 48043130 " E 50 . 00 feet ; thence S
41016120 " W 34 . 35 feet , thence N 48043r40 " W 3 . 38 feet to the True
Point of Beginning ; thence N 48043r40 " W 11 . 14 feet ; thence S
86016120 " W 9 . 24 feet ; thence S 41016120 " W 11 . 14 feet ; thence S
03043140 " E 19 . 24 feet ; thence S 480431' 4011 E 11 . 14 feet ; thence N
86016120 " E 9 . 24 feet ; thence N 41016120 " E 11 . 14 feet ; thence N
03943140 " W 19 . 24 feet to the True Point of Beginning .
O
zz
\ ' gh
0040
- . _
fts
i0 a Oil too,
1 � OO �
n � t7 �
"� f C 0C) G�
0
?.NO
� �
1 w � / ' � • r� J Vj b �„�
� t
toe 0
oe H C)
Fr/ YN
or � n
0=4 00
: = mmi odor
y �
_ r A STEM RT&ASS SOCIAiFtiS
11 .°►10V t(tntt� IVN Ri k [O IVfR, [7•l1tfY.1°L M �� on
I
Exhibit D
to
Second Interim Agreement
Scope of Services
1 . City Responsibilities . The City shall be responsible for the following maintenance tasks in
Old Town Plaza and the Rights-of-Way (collectively the "Service Area", as shown on
Attachment 1 to this Exhibit) :
a. Routine Cleaning and Maintenance. The City will be responsible for cleaning of
all surfaces within the Service Area, including but not limited to maintaining the
cleanliness of flagstone and concrete surfaces, light standards, trash receptacles,
cigarette receptacles, movable planters, flag poles and benches . The City will
provide one power washing per week for surfaces in areas where food vendors are
permitted to operate, and eight power washings per year for other paver surfaces.
The City will repair movable fixtures, including but not limited to benches and
trash receptacles . The City is not responsible under this Agreement for repairing
permanent fixtures, including but not limited to light standards and flag poles.
The DDA agrees to be responsible for repair and replacement of such permanent
fixtures, for replacement of all movable fixtures, and for repair or replacement of
infrastructure. The DDA may arrange with the City to provide these additional
services at the DDA' s expense.
b . Routine Cleaning and Maintenance of the Fountain. The City will apply
chemicals, change filters, and be responsible for turning on and shutting off the
fountain in Old Town Plaza. The city will drain, clean and refill the fountain as
needed. The DDA will be responsible for pump repairs, replacement of fountain
components and infrastructure and annual underground pipe cleaning and/or
replacement. The DDA may arrange with the City to provide these additional
services at the DDA ' s expense.
c. Snow Removal . The City will provide snow removal services within the Service
Area up to $ 12 ,000 per calendar year. The cost of snow removal services in
excess of $ 12,000 per calendar year shall be paid for by the DDA. The City will
provide notice to the DDA when snow removal costs have exceeded $9,600 per
calendar year.
d. Flower Beds, Movable Planters, Hanging Baskets . The City will design, purchase,
install and provide routine maintenance of all plant materials, including seasonal
plantings, water, fertilizer, and fall cleanup for beds, planters and hanging baskets
located within the Service Area, based on the quantity of materials provided the
previous year. Any significant increase or decrease in plantings from the previous
year will only be by mutual agreement of the parties . The City will replace plant
materials damaged or destroyed by vandalism. Should the DDA request that
annual plants be installed prior to May 15 (average date of last frost), the DDA
Second Interim Agreement.Scope of Serviccs.FINAL.01 .28. 10 1
will bear the cost of replacing annual plants damaged by frost, snow, ice or
freezing temperatures. The DDA or event sponsor will also reimburse the City for
the cost of replacement required as a result of damage during special events, as
described in Section D, below, or extreme weather.
e. Routine Litter Control . The City will be responsible for litter control and debris
removal within the Service Area, except for special events where the event
sponsor is contractually responsible for cleanup, and except as described in
Section D, below. While performing its obligations under this Agreement, the
City shall be entitled to use the POTS dumpsters located behind Building 11 , Old
Town Square, at no charge.
f. Statuary. The City will consult with POTS about any maintenance to be done by
the City for statuary owned by POTS within the Service Area, and the costs of any
such maintenance shall be the responsibility of POTS . The City will consult with
the DDA about maintenance to be done by the City for statuary owned by the
DDA within the Service Area, and the costs of any such maintenance shall be the
responsibility of the DDA.
g. Other. Any other maintenance requests beyond those listed in this Scope of
Services can be arranged for between the City and DDA at an additional cost
based on time and materials.
2 . Building 13 , Old Town Square. The DDA is responsible for routine maintenance of
Building 13 , Old Town Square (the "Kiosk") under the DDA Lease Agreement with POTS . The
DDA has arranged for the City to provide janitorial services for the Kiosk under a separate IGA
dated August 24, 2007 , The City shall have no other responsibility for maintenance of the
Kiosk.
3 . Flags and Holiday Decorations. The City will not be responsible for providing or
maintaining holiday decorations, banners or flags, other than holiday lighting as stipulated in the
separate Holiday Lighting Agreement dated December 1 , 2008 , or as the parties may otherwise
agree. The City will not be responsible for repairing any vandalism to decorations, banners or
flags. The City will assist in set up and removal of holiday decorations, Santa' s House banners
or flags, if requested, at an additional cost for time and materials.
4. Special Events. If a DDA-or DBA-authorized special event held in the Service Area
requires higher than normal levels of trash pickup, repair or replacement of damaged plantings
and fixtures, the need for additional power washing, or other cleaning or maintenance services
beyond regularly scheduled day-to-day levels in order to return the Service Area to the
approximate condition it was in prior to the special event, the City may bill the DDA for such
additional services. The DDA must notify the City Parks Department in advance of all DDA- or
DBA- scheduled special events occurring within the Service Area, including the expected size
and length of the event.
5 . Level of Service. The City will provide the level of maintenance and repair, snow
removal services, and quantity, quality and type of plant materials that it normally and
customarily provides in its own programs, and the City, in consultation with the DDA, will make
Second Interim Agreement.Scope of Services.FINAL.01 .28. 10 2
the determination of any needed repair or replacement or the type and manner of such repair or
replacement. Repairs and replacements shall be generally consistent with the design of similar
improvements in the Old Town Plaza. By June 30, 2009 and by the same date in each
succeeding year during the Tenn, the City will provide the DDA with a description of services
being performed in Old Town Plaza and the Rights-of--Way by the City under this Scope of
Services and a breakdown of the cost of each service, and shall further identify any modifications
to the levels of service that have been affected by changes in the City' s customary service levels.
6 . No POTS Responsibility. In accordance with Paragraph 3 .2 of the Second Interim
Agreement and notwithstanding any limitations on the City' s Scope of Services as set forth in
this Exhibit D, POTS shall have no responsibility for maintenance, repair or replacement of
improvements within the Old Town Plaza or the Rights-of-Way during the Tenn hereof provided
that it is current in making its required payments under the Second Interim Agreement.
Second Interim Agreement.Scope of Services.FINAL.0 1 .28. 10 3
IF
•
{ ! ' A ► v /
7 ago ' S
AN
pw
j go
40
411
1.
Y -
s
- � r
• . . . . Mo .
RESOLUTION 2010-021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN INTERIM AGREEMENT AMONG THE CITY,
THE DOWNTOWN DEVELOPMENT AUTHORITY, THE DOWNTOWN BUSINESS
ASSOCIATION AND PROGRESSIVE OLD TOWN SQUARE LIMITED LIABILITY
COMPANY, REGARDING THE MAINTENANCE AND MANAGEMENT
OF OLD TOWN PLAZA
WHEREAS, the Downtown Development Authority (DDA) is the owner of certain real
property located in Fort Collins, Colorado, known as"Old Town Plaza", as shown on Exhibit"A",
attached and incorporated herein by reference;and
WHEREAS, Old Town Plaza was developed by a private developer in 1983-84 to enhance
the Old Town area by providing a pedestrian mall for shoppers; and
WHEREAS,Progressive Old Town Square Limited Liability Company(POTS)is the owner
of private property buildings adjacent to Old Town Plaza, as shown on Exhibit A; and
WHEREAS,the Downtown Business Association(DBA)manages Old Town Plaza on behalf
of the DDA; and
WHEREAS,the City is the owner of certain rights-of-way adjacent to and abutting both Old
Town Plaza and the POTS property, as shown on Exhibit A; and
WHEREAS,in July, 1993,the City Council approved Resolution 1993-161,authorizing an
agreement between the City, the DDA, and POTS' predecessor in interest; and
WHEREAS,on October 29, 1993,in accordance with Resolution 1993-161,the City,DDA
and POTS entered into an agreement regarding the maintenance and management of Old Town Plaza
and establishing a payment in lieu of taxes (the "1993 Agreement"); and
WHEREAS, the parties have since executed two amendments to the 1993 Agreement; the
first,dated May 20, 1994,concerned the provision of electricity to lights and signs, and the second,
dated August 14,2000,provided for payments for enhanced maintenance and capital improvements
for Old Town Plaza; and
WHEREAS, On July 13, 2005, the City, DDA and POTS entered into an agreement
modifying the roles,responsibilities and financial commitments of each party with regard to the use,
operation,maintenance and repair of Old Town Plaza and adjacent rights-of-way(the"First Interim
Agreement"); and
WHEREAS,the First Interim Agreement was for a one-year term while the parties worked
on negotiating a new permanent agreement to replace the 1993 Agreement; and
WHEREAS,the parties have not yet been able to negotiate a new permanent agreement and
now wish to enter into a"Second Interim Agreement"to again modify each party's responsibilities
for Old Town Plaza and the adjacent rights-of-way; and
WHEREAS, the Second Interim Agreement is on file in the office of the City Clerk and
available for review; and
WHEREAS, under the terms of the Second Interim Agreement, the City, DDA and POTS
would each contribute funds to pay for maintenance and repair work for Old Town Plaza and the
rights-of-way, with the City performing the work; and
WHEREAS, the City and DDA would each contribute $58,931 annually and POTS would
contribute $4,500 per month, as their respective shares of the maintenance costs; and
WHEREAS, pursuant to Section 1-22 of the City Code, the City Council is being asked to
approve the Second Interim Agreement by resolution because it is, in part, an intergovernmental
agreement between the City and the DDA,and the direct monetary payments to be made by the City
exceed $50,000.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the City Manager is hereby authorized to execute the Second Interim Agreement in
substantially the 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 Resolution.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 20th
day of April A.D. 2010.
Mayor
ATTEST:
City Clerk
Exhibit A
Ownership
Downtown Development Authority
Progressive Old Town Square
The City of Fort Collins
L
T
L
I�\ O
b
s j
i
S , ALLEY —
v -- CD
r
N
i'
I
$Tt1NART$A1550C1AT-F$
• C' r lfrv3 Ervin a Si .cues
x , — ms rowx
_ ICJY WtOYVM YMLR, IpT CM& M. cn JWM}I OOAI .R[UOFI .4Z[ 9%)r . •. •
sire e�arc •.-• •• ��F E V I S •0•K 5E V 15 •0•K 5 ,