HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/02/2003 - SECOND READING OF ORDINANCE NO. 111, 2003, AUTHORI AGENDA ITEM SUMMARY ITEM NUMBER: 12
FORT COLLINS CITY COUNCIL DATE: September 2, 2003FROM:
Katie Moore
SUBJECT :
Second Reading of Ordinance No. 111,2003, Authorizing the City to Enter into a Revocable Lease
with the Cortina Homeowners' Association for Portions of Public Right-of-Way for Underground
Storage.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY:
This Ordinance, which was unanimously adopted on First Reading on August 19, 2003, authorizes
the Mayor to enter into an agreement with the Cortina Homeowners' Association for a revocable
40 lease of portions of public right-of-way to be used as underground storage for a proposed building
on the southwest corner of the intersection of Canyon Avenue and Howes Street.
. ORDINANCE NO. 111, 2003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY TO ENTER INTO A REVOCABLE LEASE
WITH THE CORTINA HOMEOWNERS' ASSOCIATION FOR
PORTIONS OF PUBLIC RIGHT-OF-WAY FOR UNDERGROUND STORAGE
WHEREAS, Sections 23-111 and 23-114 of the City Code authorize the leasing of City
property for a term exceeding two years if the City Council finds by ordinance that such lease is in
the best interest of the City; and
WHEREAS, the developer of a residential/commercial project to be constructed at the
southwest comer of Howes Street and Canyon Avenue(the Cortina Project)desire to locate portions
of a subterranean storage structure in and under portions of the right-of-way for Howes Street and
Canyon Avenue; and
WHEREAS, the City Council is willing to enter into a 99-year lease for the above-stated
purpose upon the terms and condition as are set out in the Lease Agreement.
NOW, THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Lease Agreement attached hereto and incorporated herein as Exhibit"A"is in the
best interest of the City and the Mayor is hereby authorized to execute the Lease Agreement
including such additional terms and conditions as the City Manager, in consultation with the City
Attorney, determines to be necessary or appropriate to protect the interests of the City.
Introduced and considered favorably on first reading and ordered published this 19th day of
August, A.D. 2003, and to be presented for final passage onyss�the 2nA day of September, A.D. 2003.
Mayor = '
A,=ST:
City Clerk
Passed and adopted on final reading this 2nd day of September, A.D. 2003.
Mayor
ATTEST:
City Clerk
AGENDA ITEM SUMMARY ITEM NUMBER: 19
FORT COLLINS CITY COUNCIL DATE: August 19, 2003FROM:
Katie Moore
SUBJECT:
First Reading of Ordinance No. 111, 2003, Authorizing the City to Enter into a Revocable Lease
with the Cortina Homeowners' Association for Portions of Public Right-of-Way for Underground
Storage.
RECOMMENDATION: -
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY:
If adopted, this Ordinance would authorize the Mayor to enter into an agreement with the Cortina
Homeowners' Association for arevocable lease of:portions,of public right-of-way to be used as
underground storage for a proposed building on the southvesf corner of the intersection of Canyon
fa.6 '
Avenue and Howes Street. The Canyon'Avenue�lease area is 478 square feet of surface area with
a depth of 9 feet (approximately 77.feet in length and 6 feet in-Width). The other area is within the
Howes Street right-of-way and measures 520 square feet of area and is also 9 feet in depth
(approximately 84 feet in length and 6 feet in width). The lease area will be leased to and maintained
by the Homeowners' Association of the "Cortina" project. This lease area only applies to the
underground portions of the right of-way immediately adjacent to the proposed building,(more fully
described on Exhibit"A"of the Lease and Attachment 1 of the Agenda Item Summary)and is to be
used for the purpose of construction and maintaining underground storage for the building's tenants.
The term of the lease is 99 years with the lease payment to be made in one lump sum upon
commencement of the lease, at a rate of$10 er s uaze foot of the overlying surface area for a total
of$9,984.