HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/18/2014 - SECOND READING OF ORDINANCE NO. 007, 2014, AUTHORIAgenda Item 15
Item # 15 Page 1
AGENDA ITEM SUMMARY March 18, 2014
City Council
STAFF
Kayla Ballard, Right-of-Way Technician
Helen Matson, Real Estate Services Manager
SUBJECT
Second Reading of Ordinance No. 007, 2014, Authorizing the Lease of a Portion of City-Owned Property at
225 Maple Street to Feeding Our Community Ourselves, Inc. For Up to Five Years.
EXECUTIVE SUMMARY
The purpose of this item is to lease 4,446 square feet of City-owned property (which includes 3,011 square
feet of building area) to a non-profit cafe. Feeding Our Community Ourselves, Inc. ("FoCo") wishes to lease a
portion of 225 Maple Street to house a non-profit cafe with a minimal food processing facility. The terms of the
lease are outlined in the Background/Discussion section of this Agenda Item Summary. Ordinance No. 007,
2014 was adopted on First Reading on January 7, 2014 by a vote of 6-1 (Nays: Horak). The Second Reading
presents to City Council three options regarding restrictions of the cafe's serving hours.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading with Option 1 "Restricting Hours of
Operation to 11:00 AM to 2:00 PM, Monday through Saturday with up to five special dining events throughout
the year" due to the reasons listed in the Background/Discussion section.
BACKGROUND / DISCUSSION
Feeding Our Community Ourselves, Inc. ("FoCo") is a non-profit corporation that plans to operate a cafe open
to the general public and provide meals to people of all income levels, while using local, organic, and
sustainably-grown ingredients. FoCo is a 100% volunteer operated organization. In addition, the site will
minimally process local fresh produce to increase its availability to low-income citizens.
Second Reading of this Ordinance was postponed to March 18, 2014 to allow for public outreach. Staff
decided that two meetings would be held and Neighborhood Services would facilitate both meetings. The first
meeting was to allow FoCo to present its plans for the site to the neighborhood, followed by questions and
answers. The second meeting was to share any possible changes being recommended to the proposed lease
and address specific concerns identified at the first meeting.
The main concerns from the meeting participants, as well as opinions received through letters, emails and
phone calls, were:
1. Security/Enforcement
2. Parking Impacts
3. City's vision for Civic Center and how this business fits that vision
4. Potential changes to lease terms
5. Process for customers to work for meals
6. Hours of operation
Agenda Item 15
Item # 15 Page 2
At the first meeting, FoCo's presentation included videos of other community cafes and stated that the cafe
would be open for meal service to the general public Monday through Saturday, 11:00AM - 2:00PM. They
further explained that there are no free lunches - customers would either pay or work for their meals. The
limited hours of operation seemed less threatening to many of the neighbors.
The neighborhood concerns over parking are difficult to resolve. Parking is scarce in the area. There are
concerns with increased parking problems with FoCo customer parking and the new residential/limited
commercial building being planned for the northeast corner of Maple and Mason. City Planning explained that
a parking study is being performed and they will be reaching out to the community in the next few months.
Prior to the first meeting, the plan was to work with FoCo and Parking Services to have four (4) on-street
parking spaces signed as 2-hour parking at all times. Considering the neighbors’ concerns, staff worked with
FoCo and has changed the parking request to be four (4) on-street parking spaces signed as 1-hour parking,
8:00AM - 5:00PM, Monday through Saturday. While concerns still remain over parking, there was a
preference to this option.
At the second meeting, there were fewer neighborhood participants than at the first meeting. Between the first
and second meetings, correspondence from the neighborhood indicated that they were more comfortable with
the limited hours of operation and the operation hours being during the lunch hour. City staff did inform the
neighbors that we would be recommending that the lease would include limited hours, those being the same
hours that FoCo had presented to the City and to the neighborhood. The draft Lease Agreement (Attachment
2) does not currently include a restriction on hours of operation.
After the second meeting, it was decided to give City Council three options regarding the restriction of hours.
These options are:
1. Restrict cafe serving hours to 11:00 AM to 2:00 PM, Monday through Saturday with up to five special dining
events throughout the year. For the first year, the special dining events will be Mother's Day (10am - 1pm);
Father's Day (10am - 1pm); two Bike to Work breakfasts (summer 6:30am - 9:30am and winter 7:00am -
9:30am).
2. Restrict cafe serving hours to 10:00 AM - 3:00 PM, Monday through Saturday with up to five special dining
events throughout the year. For the first year, the special dining events will be Mother's Day (10am - 1pm);
Father's Day (10am - 1pm); two Bike to Work breakfasts (summer 6:30am - 9:30am and winter 7:00am -
9:30am).
3. Do not restrict the cafe serving hours.
In order to finalize the provisions of the Lease Agreement, it will be necessary for Council to specify which of
the optional provisions relating to hours of operation should be included in the lease.
Staff recommendation is Option 1. The reason for recommending Option 1 is that since our first meeting with
FoCo, they have always presented to the City that the cafe would be open between the hours of 11:00AM -
2:00PM, Monday through Saturday. This is why all the agenda item summaries, including the 212 W. Laporte
location, specified those hours. At the first neighborhood meeting when the neighborhood was the most
concerned about security in the area, FoCo presented to the neighbors that the hours of operation would be
11:00AM to 2:00 PM, Monday through Saturday. This is the model for other community cafes. The very first
question asked about FoCo at the first meeting was "Could the hours of operation be limited in the lease?"
Our recommendation includes the option to return in one year to the neighborhood to discuss changing the
restricted lease hours, which would be followed with Council action.
LEASE TERMS (Lease is provided as Attachment 2)
Tenant: FoCo will be the tenant.
Lease Term: Term of the lease is five years. FoCo has the option to terminate the lease at any time with a
90-day advanced written notice. (Article II)
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Rent: Rent for the first year will be $16,900. At the end of the first year, and each year after, the base rent will
be adjusted according to the Consumer Price Index (CPI-U). (Article III and IV)
Use of the Lease Premises: FoCo may operate a cafe open to the general public, food processing (including
food rescue), storage space, fundraising events and board meetings. (Article V)
Restricted Operation Hours: Based on Council's recommendation, this section of the lease will describe the
hours of general public food service. (Article V)
Maintenance: FoCo is responsible for maintaining the Lease Premises including tenant-installed fixtures and
equipment. The City is responsible for building systems and exterior maintenance. (Article VI)
Alterations and Improvements: All alterations, additions and improvements to the Leased Premises must be
approved by the City as owner of the property. FoCo will be responsible for any remodeling and tenant finish
costs. (Article VII)
Taxes (Real and Personal): FoCo is responsible for payment of any real property and assessments that may
be imposed upon the Lease Premises. (Article IX)
Parking: The City will recommend to Parking Services that four (4) on-street parking spaces be signed as
"One Hour Parking between 8AM - 5PM Monday through Saturday". (Article X)
Utilities: FoCo shall pay for all utilities used on the Leased Premises. (Article XII)
Building Signs: All signage must be approved by the City and must comply with all applicable laws. FoCo will
be responsible for the cost, erection and maintenance of any signs. (Article XIII)
Subletting and Assignment: FoCo may not assign this lease or any interest without the prior written consent
of the City. (Article XIV)
Contingency: This lease is contingent upon FoCo receiving all necessary approvals through the City's
Development Review Process. (Article XXIX)
Lease Expiration/Termination: FoCo may remove all their improvements and any movable trade fixtures,
equipment and furniture. (Article XXX).
FINANCIAL / ECONOMIC IMPACT
Annual rent collected from this lease will result in at least $16,900 In unanticipated revenue. Rent for this
space is based on comparative market rents for industrial space and cold storage buildings.
PUBLIC OUTREACH
Two neighborhood outreach meetings were held on February 5, 2014 and February 19, 2014. Notifications
were sent to property owners bounded by North College Avenue to North Whitcomb Street and West Mountain
Avenue to Lee Martinez Park. Attachment 4 is the overall summary of these two meetings.
Thirty-six members of the public attended the first neighborhood outreach meeting on February 5, 2014. This
meeting was to present to the neighborhood the City's future plans for Block 32/42, the zoning and land use
review process and for FoCo to present their cafe model. Residents had the opportunity to ask questions and
provide their comments and concerns (Attachment 5).
On February 19, 2014, twenty-eight members of the public attended the second neighborhood outreach
meeting. At this meeting, FoCo gave a short presentation followed by City staff and FoCo addressing the
concerns identified at the first meeting (Attachment 6).
Agenda Item 15
Item # 15 Page 4
ATTACHMENTS
1. First Reading Agenda Item Summary, January 7, 2014 (PDF)
2. FoCo Cafe Lease (DOC)
3. Lease Location Map (PDF)
4. Summary of Neighborhood Meetings for 225 Maple Street (PDF)
5. Neighborhood Meeting Notes, February 5, 2014 (PDF)
6. Neighborhood Meeting Notes, February 19, 2014 (PDF)
7. Powerpoint presentation (PDF)
Agenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY January 7, 2014
City Council
STAFF
Kayla Ballard, Right-of-Way Technician
Helen Matson, Real Estate Services Manager
SUBJECT
First Reading of Ordinance No. 007, 2014, Authorizing the Lease of a Portion of City-Owned Property at 225
Maple Street to Feeding Our Community Ourselves, Inc. For Up to Five Years.
EXECUTIVE SUMMARY
The purpose of this item is to lease 4,446 square feet of City-owned property to a non-profit cafe.
Feeding Our Community Ourselves, Inc. ("FoCo") wishes to lease a portion of 225 Maple Street to house
a non-profit café with a minimal food processing facility. The total yearly lease payment for the property
will be at least $16,900. The term of the lease shall be for five years. With this lease, FoCo will have the
option to terminate at any time upon a 90-day advanced written notice to the City. FoCo will be
responsible for its remodel, taxes, all utilities, communication services, trash services and janitorial
services.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City purchased Lots 22 through 28, Block 32, also known as 225 Maple Street, from Haiston Oil
Company (“Haiston”), in December 2008 to allow for future City development. This site has not been
leased since the purchase; however, the garage units on the property have been used for storage by
various City departments.
Feeding Our Community Ourselves, Inc. (“FoCo”) is a non-profit organization that plans to operate a café
open to the general public and also provide meals to people, regardless of their ability to pay, while using
local, organic, and sustainably-grown ingredients. FoCo hours of operation will be 11:00 a.m. through
2:00 p.m. Mondays through Saturdays. FoCo is a 100% volunteer operated organization. In addition, the
site will minimally process local fresh produce to increase its availability to low-income citizens.
The Lease Premises at 225 Maple Street consist of 2,023 square foot building (975 SF main level and
1,048 SF basement) that will house the café. FoCo plans to remodel the main level of the building to
include customer seating/dining area, a kitchen with a food preparation area, and upgraded
improvements to the restrooms. The basement will be used for dry storage and FoCo office space. A
new handicap accessible ramp will be installed on the west side of the building located next to the
platform. Bike racks will be installed on site, although their location has not yet been determined.
Weather permitting, outdoor seating/dining will be available on the gravel area between the main building
(café) and the garage units. FoCo will also lease the easternmost garage unit, which is 525 square feet
in size, and use it for general storage, housing of refrigeration/freezer units and a “growing wall”. The 110
square foot outbuilding that was added to the main building prior to the City purchasing the site will be
ATTACHMENT 1
Agenda Item 14
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used to hold refrigeration and freezer units. FoCo will install a full trash enclosure to the south of the
main building, adjacent to the alley for trash service accessibility. FoCo will pay all costs of the remodel.
FINANCIAL / ECONOMIC IMPACT
Annual rent collected from this lease will result in at least $16,900 in unanticipated revenue. Rent for this
space is based on comparative market rents for industrial space and cold storage buildings. FoCo will be
responsible for expenses of all utilities, communication services, trash services, janitorial services, and
taxes. In addition, it will be the obligation of FoCo for any tenant finish costs. The City will be responsible
for maintenance costs to the building.
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LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this ____ day of ______________,
20__, by and between THE CITY OF FORT COLLINS, COLORADO, a Colorado municipal
corporation (the "Lessor") and Feeding Our Community Ourselves, Inc., a Colorado non-
profit corporation (the "Lessee").
WITNESSETH:
WHEREAS, the Lessor is the owner of that certain parcel of real estate, together with
the improvements located thereon as of the date hereof, situated in the County of Larimer,
State of Colorado, which is legally described as Lots 22 through 28, Block 42, City of Fort
Collins, the street address of which is 225 Maple Street, Fort Collins, Colorado (the “Property”);
and
WHEREAS, the Lessor desires to lease to the Lessee, and the Lessee desires to lease
from the Lessor, 4,446 square feet of the Property, which includes a 2,023 square foot
building, a 525 square foot garage unit, and a 110 square foot outbuilding, as depicted on
attached Exhibit "A" (the “Leased Premises”); and
WHEREAS, on _______________, 20__, the Fort Collins City Council approved
Ordinance No. ___, 20__, which authorized leasing the Leased Premises for up to five (5)
years.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreements contained herein and other good and valuable consideration, the receipt and
adequacy of which is acknowledged, the parties do covenant, promise and agree to and with
each other as follows:
ARTICLE I
Lease of the Leased Premises
1.1 The Lessor does lease, demise and let unto the Lessee, and the Lessee does hire
and take from the Lessor the Leased Premises.
ARTICLE II
Term and Termination
2.1 The term of this Lease is for a period of five (5) years commencing on__________,
2014 and terminating at midnight on_____________, 2019. The Lessee may terminate this
Lease at any time upon 90-days advance written notice to the Lessor.
2.2 This Lease shall not be recorded; but, at the request of the Lessee, the Lessor and
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the Lessee shall execute a Memorandum of Lease for recording, containing the names of the
parties, the legal description of the Leased Premises, the term of the Lease and such other
information as the parties mutually agreed upon.
ARTICLE III
Rent
3.1 The Lessee will pay to the Lessor an aggregate annual rent in the amount of
Sixteen Thousand Nine Hundred Forty Five and 50/100 Dollars ($16,945.50). Such rent shall
be payable in advance, without demand or notice, in monthly installments of One Thousand
Four Hundred Twelve and 13/100 Dollars ($1,412.13) due on the first day of each month
commencing ____________, 20__.
3.2 All payments of rent shall be made by the Lessee to the Lessor at such place as the
Lessor may, from time to time, designate in writing. For the present, the Lessor designates
Real Estate Services, 300 Laporte Avenue, Building B, P.O. Box 580, Fort Collins, CO 80522,
as the place for making rental payments. All such rent shall be payable in current legal tender
of the United States as the same is then by law constituted. Extensions of time for the payment
of any installment of rent or the acceptance by the Lessor of any money other than of the kind
specified shall not be a waiver of the right of the Lessor to insist on having all other payments
of rent made in the manner and at the time specified above.
3.3 The rental amount set forth hereinabove shall be in addition to the Lessee's
obligations regarding the payment of real and personal property taxes, insurance premiums
and the obligations of the Lessee regarding the payment of utilities and maintenance of the
Leased Premises.
ARTICLE IV
Cost of Living Adjustment
4.1 At the end of the first year, the base rental shall be adjusted by the percentage
increase in the Consumer Price Index for the Denver-Boulder region, (commonly referred to as
the Cost of Living Index), All Urban Consumers (CPI-U), all Items, (base year 1982-84=100),
published by the United States department of Labor, Bureau of Labor Statistics, as measured
for each calendar year ending on December 31st. However, in no case will the increase
exceed 3% annually. The increased monthly rental as so determined shall commence as of
January 31, 2015 and shall continue until readjusted annually as provided for. If said Index
ceases to be available, Landlord shall have the right to use the Index which has replaced,
modified or changed said Index. If there is no replacement Index, Landlord shall have the right
to increase the rental due, said rental adjustment being made in accordance with the
provisions of this paragraph, with the percentage to be used being the percentage increase in
said Index for the year immediately preceding the month in which said Index ceases to be
published. Additional rents due because of Increase in cost of living Index, accrued prior to the
date the current Index is available, shall be added to rents due for the remainder of the lease
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year and paid in equal installments with the rental payments for the succeeding months.
ARTICLE V
Use of Leased Premises
5.1. The Lessee may use the Leased Premises as restaurant to serve the general
public on a no set fee structure; food processing (including food rescue) and storage space;
and for other similar incidental purposes, such as fund raising events and board meetings.
The Lessor makes no representations that such uses are permitted within the zoning
classification to which the Leased Premises are subject. The Lessee must not use the Leased
Premises in such a manner as to violate any law, rule, ordinance, or regulation of any
governmental body. The Lessee may, upon obtaining the Lessor's prior written consent, use
the Leased Premises for any other lawful purpose.
5.2 The hours of operation the restaurant can be open to the general public for food
service will be ______________________________.
ARTICLE VI
Maintenance and Repair
6.1. The Lessee must, during the term of this Lease and at its sole expense, keep the
Leased Premises, including without limitation, the grounds, in a clean and orderly and safe
condition, free of litter, debris, and any unsightly or dangerous condition as required by
ordinances, resolutions, statutes and health, sanitary and police regulations. The Lessee
must also, at its sole cost, replace any and all plate, window and other glass (structural or
otherwise) in, on or about the Leased Premises, which may be broken or destroyed, with glass
of the same or similar quality.
6.2 The Lessor, during the term of the Lease, shall keep and maintain the Leased
Premises, including without limitation, the exterior walls, foundation and roof of the buildings,
plumbing, electrical, and the existing heating and air conditioning system. The Lessee shall
keep and maintain any upgraded or new plumbing, electrical and heating and air conditioning
system installed on the Leased Premises. Notwithstanding anything to the contrary contained
herein, the Lessor shall not be liable to the Lessee for failure to make repairs as specifically
required of it unless the Lessee has previously notified the Lessor in writing of a need for such
repairs and the Lessor has failed to commence and complete said repairs within a reasonable
period of time following receipt of the Lessee's written notification.
6.3 The Lessee will be liable for and shall reimburse the Lessor for the cost of any
repairs or damage caused by any willful act or gross negligence of the Lessee or the Lessee's
agents, employees, or invitees, except to the extent to which the foregoing are caused by the
negligence or willful misconduct of (a) the Lessor or its employees or agents, or (b) third
parties not under the direction or control of the Lessee.
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6.4 All repairs or replacements to the Leased Premises required of the Lessee shall
be made promptly and when necessary. All replacements shall be of a quality and class at
least equal to the original work.
6.5 The Lessee shall neither permit nor suffer any disorderly noise or nuisance about
the Leased Premises having any tendency to annoy or disturb any persons occupying adjacent
premises. The Lessee shall neither hold nor attempt to hold the Lessor liable for any injury or
damage, either approximate or remote, occasioned through or caused by defective electrical
wiring or the breaking or stoppage of plumbing or sewage upon the Leased Premises, whether
said breakage or stoppage results from freezing or otherwise. The Lessee shall not permit or
suffer the Leased Premises or the walls thereof to be endangered by overloadings nor permit
the Leased Premises to be used for any purpose which would render the insurance thereon
void or insurance risks more hazardous without the prior written consent of the Lessor, which
consent may be conditioned upon the Lessee obtaining additional specific insurance coverage
for such more hazardous risks.
6.6 If the Lessee fails to make any repairs or replacements required to be made by it
by this Lease, and after the expiration of any cure period, the Lessee, and the Lessor’s
expenses for such repairs or replacements, shall constitute and be collectible by the Lessor as
additional rent owed by the Lessee due at the time of the next monthly rental payment.
6.7 The Lessor shall keep any adjoining public premises such as sidewalks, streets
or alleys in a neat and clean condition. The Lessor shall also remove snow and ice from the
public premises adjoining the Leased Premises.
ARTICLE VII
Alterations and Improvements
7.1 All alterations, additions, improvements or changes to the Leased Premises by
the Lessee subsequent to the commencement of the Lease term shall be subject to the written
reasonable approval of the Lessor and shall be done in a good and workmanlike manner
without impairing the structural soundness of the buildings, and in compliance with the building
and zoning laws and with all other laws, ordinances, orders, rules, regulations and
requirements of all federal state or municipal governments and their appropriate departments,
commissions, boards and officers; and the Lessee shall procure certificates of occupancy, if
required by law. Such alterations, additions and improvements shall not be commenced until
any contractor or subcontractor engaged for such purpose delivers to the Lessee (with a copy
to the Lessor) a certificate evidencing that proper workmen's compensation insurance is in full
force and effect, covering any persons performing such work, and that the same may not be
canceled without at least ten (10) days prior written notice to the Lessor. No such alterations,
additions or improvements shall be commenced until the Lessee shall have procured and paid
for all required municipal and other governmental permits and authorizations of the municipal
departments and governmental subdivisions having jurisdiction over the matter.
7.2 The Lessor reserves the right, from time to time (without invalidating or modifying
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this Lease), to make alterations, changes and additions to the land and improvements of which
the Leased Premises form a part.
7.3 If any of the existing building systems, including plumbing, electrical, heating, air
conditioning and ventilation, need to be upgraded or increased due to the Lessee's remodel,
the Lessee shall pay all costs for said work.
7.4 No changes or alterations shall be undertaken by the Lessee unless there is
conspicuously placed on the Leased Premises the following notice:
NOTICE
Notice is hereby given pursuant to Section 38-22-105(2), C.R.S., that the owners
of the within premises have not ordered any construction or reconstruction of the
improvements on these premises; and the owners' interest in the premises shall
not be subject to any lien on account of any construction, alteration, removal,
addition, repair or other improvements of the premises.
7.5 Upon termination of this Lease, all trade fixtures and equipment, installed by the
Lessee (“Lessee Improvements”), may be removed by the Lessee at the Lessee's sole cost
and expense.
ARTICLE VIII
Covenant of Title and Quiet Enjoyment
8.1 The Lessor covenants that it is well seized of and has good title to lease the
Leased Premises, and warrants and will defend the title.
ARTICLE IX
Taxes, Real and Personal
9.1 The Lessee is responsible for payment of any real property taxes and
assessments that may be imposed upon the Leased Premises during the term of this Lease.
9.2 The Lessee must pay all sales and use taxes that may be imposed as the result
of the business conducted on the Leased Premises and all personal property taxes assessed
against personal property situated thereon during the Lease term.
9.3 If Lessee fails to pay any such taxes, the Lessor may pay the same (but shall be
under no obligation to do so), and the amount so paid shall be due at the time of the next
monthly rental payment. The Lessor, by paying any such amount, waives none of its rights as
a result of such default.
9.4 The Lessee is not required to pay any tax, assessment, tax lien or other
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imposition or charge upon or against the Leased Premises or any part thereof or the
improvements situated thereon if the Lessee shall, in good faith and with due diligence, contest
the same or their validity by appropriate legal proceedings, which shall have the effect of
preventing the collection of the tax, assessment, tax lien or other imposition or charge so
contested. Pending any such legal proceedings, the Lessee shall give the Lessor such
reasonable security as the Lessor may require to insure payment of the tax, assessment, tax
lien or other imposition or charge and all interest and penalties thereon.
ARTICLE X
Lessee Parking
10.1 Lessor will facilitate discussions with Lessee and the City’s Parking Services
regarding the possibility of having four (4) on-street parking spaces signed as 1-hour parking
between 8:00 AM and 5:00 PM Monday thru Saturday adjacent to the Leased Premises.
ARTICLE XI
Insurance
11.1 The Lessee, at its sole cost and expense, shall, during the term of this Lease,
procure, pay for and keep in full force and effect a policy of commercial general liability
insurance covering the improvements and the Leased Premises insuring the Lessee in an
amount not less than One Million Dollars ($1,000,000) covering bodily injury, including death to
persons, personal injury and property damage liability arising out of a single occurrence. Such
coverage shall include, without limitation, legal liability of the insureds for property damage,
bodily injuries and deaths of persons in connection with the operation, maintenance or use of
the Leased Premises (including acts or omissions of the Lessee).
11.2 All policies of insurance carried by the Lessee shall name the Lessor as an
additional insured. The policy or policies shall contain a provision that the policy or policies
cannot be canceled or materially altered either by the insureds or the insurance company until
thirty (30) days prior written notice is given to the Lessee and the Lessor. Upon issuance or
renewal of any such insurance policy, the Lessee shall furnish a certificate of insurance
showing evidence of coverage that names the City of Fort Collins as additional insured. Any
such policies shall contain waivers of subrogation and waivers of any defense based on
invalidity arising from any act or neglect of any assignees or sub lessees of the Lessee.
Any insurance policy purchased by the Lessee must be written by an insurance carrier
which has a current rating by Best's Insurance Reports of "A" (excellent) or better and a
financial rating of "X" or better or such equivalent classification as may be required customarily
for properties similarly situated and approved by the Lessor and must be authorized by law to
do business in Colorado.
Notwithstanding anything to the contrary contained, the Lessee's obligation to carry
insurance may be brought within the coverage of a "blanket" policy or policies of insurance
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carried and maintained by the Lessee, so long as such policy or policies segregate the
coverage applicable to the Leased Premises. If the Lessee fails to procure, maintain and/or
pay for at the times and for the duration specified any insurance required by this Lease, or fails
to carry insurance required by law or governmental regulation, the Lessor may (but without
obligation to do so), without notice, procure such insurance and pay the premiums therefore.
The Lessee shall repay the Lessor all sums so paid by the Lessor, with interest thereon and
any costs or expenses incurred by the Lessor in connection therewith, within ten (10) days
following the Lessor's written demand to the Lessee for such payment.
ARTICLE XII
Utilities
12.1 The Lessee agrees to pay all charges for electricity, sewer, gas, light, power,
trash removal, janitorial services, telephone and other communication services used, rendered
or supplied upon or in the Leased Premises, including all costs for installing services not
already provided to the Leased Premises. The Lessee agrees to indemnify the Lessor against
any and all liability or damages on such account. The Lessee will pay all such utility charges
before they become delinquent.
ARTICLE XIII
Signs
13.1 The Lessee must not affix, erect or maintain on the Leased Premises any sign or
advertisement without first obtaining the Lessor's approval as to the sign or advertisement to
be erected on the Leased Premises. Any such sign must comply with all applicable laws.
Lessee is responsible for the cost of erection and maintenance of such sign or advertisement.
ARTICLE XIV
Subletting and Assignment
14.1 The Lessee shall not assign this Lease, any interest or any part thereof, any right
or privilege appurtenant thereto, nor mortgage or hypothecate the leasehold without the prior
written consent of the Lessor, such consent not to be unreasonably withheld, conditioned, or
delayed. A consent to one assignment or hypothecation shall not be construed as a consent
to any subsequent assignment or hypothecation; and it is mutually covenanted and agreed
that, unless such written consent thereto has been obtained, any assignment or transfer or
attempted assignment or transfer of this Lease or any interest therein or hypothecation either
by the voluntary or involuntary act of the Lessee or by operation of law or otherwise, shall, at
the option of the Lessor, terminate this Lease; and any such assignment or transfer without
such consent shall be null and void. The Lessor's consent to any such assignment shall not
relieve the Lessee from any obligation under this Lease unless the Lessor expressly agrees in
writing to relieve the Lessee from such obligation.
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ARTICLE XV
Mechanic's Liens
15.1 The Lessee must pay or cause to be paid promptly all bills and charges for
material, labor or otherwise in connection with or arising out of any alterations, additions or
changes made by the Lessee or its agents or subtenants to the Leased Premises; and the
Lessee agrees to hold the Lessor free and harmless against all liens and claims of liens for
such labor and materials, or either of them, filed against the Leased Premises or any part
thereof and from and against any expense and liability in connection therewith. The Lessee
further agrees to discharge (either by payment or by filing the necessary bond or otherwise)
any mechanic's, materialman's or other liens against the Leased Premises arising out of any
payment due or alleged to be due for any work, labor, services, materials or supplies claimed
to have been furnished at the Lessee's request in, on or about the Leased Premises and to
indemnify the Lessor against any lien or claim of lien attached to or upon the Leased Premises
or any part thereof by reason of any act or omission on the Lessee's part. The Lessee shall,
however, have the right to contest any mechanic's liens or claims filed against the Leased
Premises, provided the Lessee diligently prosecutes any such contest and at all times
effectively stays or prevents any sale of the Leased Premises under execution or otherwise
and pays or otherwise satisfies any final judgment adjudging or enforcing such contested lien
and thereafter procures record satisfaction or release thereof. The Lessee also agrees to
defend any such contest on the Lessor's behalf, at the Lessee's cost and expense.
ARTICLE XVI
Condemnation
16.1 If, because of any exercise of the power of eminent domain (hereafter called
"proceedings"), the following happen:
(a) the title to the whole or substantially all of the Leased Premises is taken;
(b) the Leased Premises is deprived of adequate ingress or egress to or from all public
streets and highways abutting the Leased premises; or
(c) all or substantially all of the parking area outside of the Leased Premises is taken:
and the Lessee cannot reasonably operate in the remainder of the Leased Premises the
business being conducted on the Leased Premises at the time of such taking, then this Lease
will terminate as of the date of such taking pursuant to such proceedings. To construe the
provisions of this Article, "proceedings" shall include any negotiated settlement of any matter
involving a condemnation; and a "taking" shall be deemed to occur when title to or possession
of the Leased Premises is acquired by the governmental authority, whichever first occurs.
16.2 If, during the term of this Lease, title to less than the whole or title to less than
substantially all of the Leased Premises is taken in any such proceedings and the Lessee can
reasonably operate in the remainder of the Leased Premises and the business being
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conducted on the Leased Premises at the time of such taking, this Lease will not terminate.
However, the monthly rental thereafter due and payable by the Lessee will be reduced in such
just proportion as the nature, value and extent of the part so taken bears to the whole of the
Leased Premises or parking area.
16.3 All damages awarded for any taking described in this Article are the property of
the Lessor, except to the extent that any amount thereof is specifically attributable to the
Lessee's trade fixtures and to the extent that the Lessee is permitted by law to recover any
damages it may sustain as the result of such taking. However, the Lessee may on its own
behalf make a claim for its relocation costs, damages, and the loss of its leasehold interest in
any condemnation proceeding involving the Leased Premises.
ARTICLE XVII
Total or Partial Destruction
17.1 If, during the term of this Lease, the Leased Premises or any part thereof is
destroyed or so damaged by fire or other casualty so as to become untenantable, then, at
Lessor's option, the term hereby created will cease; this Lease shall become null and void from
the date of such damage or destruction; and the Lessee must immediately surrender the
Leased Premises and its interest therein to the Lessor. The Lessee must pay rent within said
term only to the time of such surrender, provided, however, that the Lessor exercises such
option to so terminate this Lease by notice in writing delivered to the Lessee within thirty (30)
days after such damage or destruction. If the Lessor does not elect to terminate this Lease,
this Lease will continue in full force and effect; and the Lessor will repair the Leased Premises
with all reasonable speed, placing the same in as good a condition as it was at the time of the
damage or destruction and for that purpose may enter upon the Leased Premises; and rent
shall abate in proportion to the extent and duration of the untenantability. In either event, the
Lessee must remove all rubbish, debris, merchandise, furniture, furnishings, equipment and
other items of its personal property within ten (10) days after request by the Lessor. If the
Leased Premises are only slightly injured by fire or the elements to not render the same
untenantable and unfit for occupancy, then the Lessor will repair the same with all reasonable
speed, and rent shall not abate. Lessee is not entitled to any compensation from or claim
against the Lessor for any inconvenience or annoyance arising from the necessity of repairing
any portion of the Leased Premises, however the necessity may occur. Lessor is not
responsible for repair or replacement of any Lessee-installed improvements to the Leased
Premises including Lessee’s fixtures or equipment.
ARTICLE XVIII
Holding Over
18.1 Any holding over after the expiration of the term of this Lease Agreement, with
the consent of the Lessor, will be construed as tenancy from month to month on the same
terms and conditions and at the same rental provided for above.
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ARTICLE XIX
Default of Lessee
19.1 If any one or more of the following events (referred to as "an event of default")
happens:
(a) The Lessee defaults in the due and punctual payment for the rent or any other
amounts required to be paid and such default shall continue for three (3) business days
after the receipt of written notice from the Lessor;
(b) The Lessee neglects or fails to perform or observe any of Lessee's other obligations
under this Lease, and the Lessee fails to remedy the same within fifteen (15) days after
the Lessee receives written notice from the Lessor specifying such neglect or failure (or
Lessee fails to begin such cure within said fifteen (15) days and proceed with due
diligence to complete said cure within a reasonable time when the default is of such
nature that it cannot be cured within said fifteen (15) day period); or
c) The Lessee (i) is adjudicated bankrupt or insolvent, (ii) files a petition in bankruptcy for
reorganization or for the adoption of an arrangement under the Bankruptcy Act (as now
or in the future amended) or (iii) makes an assignment of its property for the benefit of its
creditors.
Then, and in any one or more such events, the Lessor has the right, at its election and while
such event of default shall continue, either:
(a) To give the Lessee written notice of Lessor's intention to terminate this
Lease on the date of such given notice or any later date specified; and on
such specified date, the Lessee's right to possession of the Leased Premises
will cease; and this Lease will thereupon be terminated; or
(b) To re-enter and take possession of the Leased Premises or any part and
repossess the same as the Lessor's former estate and expel the Lessee and
those claiming through or under the Lessee and remove the effects of both or
either without being deemed guilty of any manner of trespass and without
prejudice to any remedies for arrearages of rent or preceding breach of
covenants. Should the Lessor elect to re-enter as provided in this
subparagraph (b) or should the Lessor take possession pursuant to any
notice provided for by law, the Lessor may, from time to time, without
terminating this Lease, relet the Leased Premises or any part thereof for such
term or terms and at such rental or rentals and upon such other terms and
conditions as the Lessor may deem advisable, with the right to make
alterations and repairs to the Leased Premises. No such re-entry or taking of
possession of the Leased Premises by the Lessor shall be construed as an
election on the Lessor's part to terminate this Lease, unless a written notice
of termination is decreed by a court of competent jurisdiction.
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19.2 If the Lessor does not elect to terminate this Lease, but instead elects to
take possession, then such repossession will not relieve the Lessee of its obligation and
liability under this Lease, all of which shall survive such repossession. If the Lessor
elects to repossess, the Lessee will pay to the Lessor as current liquidated damages:
(a) The then value of the rent and other sums as herein provided that
would be payable if such repossession had not occurred; less
(b) The net proceeds, if any, of any reletting of the Leased Premises after
deducting all of the Lessor's expenses in connection with such reletting,
including, but without limitation, all repossession costs, brokerage
commissions, legal expenses, attorneys' fees, expenses of employees,
necessary alteration costs and expenses of preparation for such reletting.
The Lessee shall pay such current liquidated damages to the Lessor on the days on
which the monthly rental would have been payable if possession had not been retaken, and
the Lessor will be entitled to receive the same from the Lessee on each such day.
19.3 If, however, Lessor terminates this Lease because of any default by the Lessee,
the Lessor will be entitled to recover from the Lessee the worth at the time of such termination
of the excess, if any, of the rent reserved in this Lease for the balance of the term in excess of
the then reasonable rental value of the Leased Premises for the same period, which amount
shall be immediately due and payable by the Lessee to the Lessor. The "reasonable rental
value" will be the amount which the Lessor can obtain as rent for the remaining balance of the
term.
19.4 The Lessor reserves the right to make any payments or perform any action
required of the Lessee hereunder (but is not required to do so); and all amounts expended by
the Lessor, with interest at the rate of eighteen percent (18%) per annum, must be paid by the
Lessee on the first monthly rental payment date following any such expenditures.
ARTICLE XX
Interest and Late Charges
20.1 Any amount due to the Lessor from the Lessee under this Lease Agreement not
paid when due will bear interest at the rate of ten percent (10%) per annum from the due date
until paid. Payments of such interest will not excuse or cure any default by the Lessee under
this Lease Agreement. If the Lessee shall fail to pay any installment of rent when due and
such failure continues for a period of ten (10) days following the due date, the Lessee must
pay to the Lessor a monthly collection service charge of five percent (5%) of the late payment
amount, which is due immediately.
ARTICLE XXI
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Attorneys' Fees
21.1 The Lessee will pay and indemnify the Lessor against all legal costs and
charges, including attorneys' fees, lawfully and reasonably incurred in obtaining possession of
the Leased Premises after default of the Lessee, or incurred after the Lessee surrenders
possession upon the expiration or sooner termination of this Lease, or incurred in enforcing
any covenant of the Lessee herein contained or any right granted to the Lessor.
ARTICLE XXII
Lessee to Save Lessor Harmless
22.1 The Lessee will indemnify, release and hold the Lessor harmless from all claims,
demands, judgments, costs, and expenses, including attorneys' fees, arising out of any
accident or occurrence causing injury to any person or property whomsoever or whatsoever
due directly or indirectly to the condition of the Leased Premises or the use or neglect of the
Leased Premises or any part thereof by the Lessee and, its agents, employees and business
invitees or any person or persons (and their agents, employees, and business invitees) holding
under the Lessee, unless such accident or occurrence results from any tortuous misconduct or
negligent act or omission by the Lessor, its agents and employees.
22.2 The Lessee will further indemnify and hold harmless the Lessor from any
damages and all penalties arising out of any failure of the Lessee ,to comply with all of the
requirements and provisions of this Lease Agreement; and the Lessee covenants that the
Lessee will keep and save the Lessor and the Lessor's interest in the Leased Premises forever
harmless from any penalty, damage or charge imposed by any violation of any laws, whether
occasioned by an act of neglect of the Lessee, or by another or others in the Leased Premises
holding under or through the Lessee.
ARTICLE XXIII
Hazardous Material
23.1 As used herein, the term "Hazardous Material" means any hazardous or toxic
substance, material or waste which is or becomes regulated by any local governmental
authority, the state of Colorado or the United states Government. The term "hazardous
material" includes, without limitation, any material or substance that is: (I) defined as a
"hazardous substance" under appropriate state law provisions; (ii) petroleum; (iii) asbestos; (iv)
designated as "hazardous substance" under section 311 of the Federal Water Pollution Control
Act (33 U.S.C. section 1321); (v) defined as "hazardous waste" under section 1004 of the
Federal Resource Conservation and Recovery Act (42 U.S.C. Section 6903); (vi) defined as a
"hazardous substance" under Section 101 of the Comprehensive Environmental Response,
Compensation and Liability Act (42 U.S.C. Section 9601); or (vii) defined as a "regulated
substance" under Subchapter IX, Solid Waste Disposal Act (Regulation of Underground
Storage Tanks) (42 U.S.C. Section 6991.
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23.2 The Lessee must not cause or permit any Hazardous Material to be brought
upon, kept or used in or about the Leased Premises by the Lessee, its agents, employees,
contractors or invitees, without the prior written consent of the Lessor (which Lessor shall not
unreasonably withhold, condition or delay if the Lessee demonstrates to the Lessor's
reasonable satisfaction that such hazardous material is necessary or useful to the Lessee's
business and will be used, kept and stored in a manner which complies with all laws regulating
any such Hazardous Material). If the Lessee breaches the obligation stated in the preceding
sentence, or if the presence of Hazardous Material on the Leased Premises caused or
permitted by the Lessee results in contamination of the Leased Premises or if contamination of
the Leased Premises by Hazardous Material otherwise occurs for which the Lessee is legally
liable to the Lessor for damage resulting therefrom, then the Lessee will release, indemnify,
defend and hold the Lessor harmless from any and all claims, judgments, damages, penalties,
fines, costs, liabilities or losses (including, without limitation, diminution value of the Leased
Premises, damages for the loss or restriction on use of rentable or usable space or of any
amenity of the Leased Premises, damages, arising from adverse impact or marketing of space,
and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which
arise during or after the Lease term as a result of such contamination. This indemnification of
the Lessor by the Lessee includes, without limitation, costs incurred in connection with any
investigation of site conditions or any clean up, remedial, removal or restoration work required
by any federal, state or local governmental agency or political subdivision because of
Hazardous Material present in the soil or groundwater on or under the Leased Premises.
Without limiting the foregoing, if the presence of any Hazardous Material on the Leased
Premises caused or permitted by the Lessee results in any contamination of the Leased
Premises, the Lessee must promptly take all actions at its sole expense as are necessary to
return the Leased Premises to the condition existing prior to introducing any such Hazardous
Material to the Leased Premises; provided that the Lessor's approval of such action shall first
be obtained, which approval will not be unreasonably withheld if such action would not
potentially have any material adverse affect on the Leased Premises.
ARTICLE XXIV
Notices
24.1 Any notice or other communication given by either party hereto to the other
relating to this Lease Agreement must be hand delivered, sent by overnight commercial
courier, or sent by registered or certified mail, return receipt requested, addressed to such
other party at their respective addresses set forth below; and such notice or other
communication shall be deemed given when so hand delivered or mailed:
If to the Lessor, to:
City of Fort Collins
Real Estate Services
P.O. Box 580
Fort Collins, CO 80522-0580
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If to the Lessee, to:
Feeding Our Community Ourselves, Inc.
Attn: Jeff Baumgardner
225 Maple Street
Fort Collins, CO 80521
Where permitted by law, Lessor may also deliver notice to Lessee by posting in a conspicuous
place on the Leased Premises.
ARTICLE XXV
Subordination
25.1 Lessor reserves the right to subject and subordinate this Lease to the lien of any
mortgages or deeds of trust placed upon the Lessor's interest. The Lessee agrees to promptly
execute and deliver, upon the Lessor's request, such instruments subordinating this Lease to
the lien of any such mortgages or deeds of trust as are reasonably necessary in connection
therewith, provided that the Lessor delivers to the Lessee at the same time an agreement by
the holder of any such mortgage (or deed of trust) agreeing not to disturb or interfere with the
rights of the Lessee in the event of any foreclosure so long as the Lessee complies with all the
provisions of this Lease.
ARTICLE XXVI
Americans with Disabilities Act (ADA)
26.1 The Lessee must comply with all Federal, State and local laws, including the
requirements of the Americans with Disabilities Act (ADA). The Lessor does not represent that
the Leased Premises meet the requirements of the ADA for Lessee's intended use of the
Leased Premises. Any improvements required to bring the Leased Premises into compliance
with the ADA for Lessee's intended use are Lessee's sole responsibility, and Lessee will
indemnify and defend the Lessor against any claims brought under the ADA regarding the
Leased Premises.
ARTICLE XXVII
Time of the Essence
27.1 Time is of the essence of this Agreement and each and every provision hereof.
ARTICLE XXVIII
Landlord's Right of Entry
28.1 Lessor reserves the right at all reasonable times and with reasonable notice of
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not less than twenty four (24) hours, and at any time during emergencies, for Lessor or
Lessor's agents to enter the Leased Premises to inspect and examine the same, or to show
the same to prospective purchasers or tenants, or to make such repairs, alterations,
improvements or additions as Lessor may deem necessary or desirable. During the ninety
(90) days prior to the expiration of the term of this Lease or any renewal term, Lessor may
exhibit the Leased Premises with prior notice and so as not to interfere with regular use of the
space, to prospective tenants or purchasers and place upon the Leased Premises the usual
notice advertising the Leased Premises for sale or lease, which notices Lessee shall permit to
remain thereon without molestation.
28.2 In the event of an emergency, to protect or minimize the risk of harm to life or
property, if Lessee is not present to open and permit entry into the Leased Premises, or at any
time when for any reason an entry therein shall be necessary or permissible, Lessor or
Lessor's agents may enter the same by a master key or may forcibly enter the same, without
rendering Lessor or such agents liable therefore, and without in any manner affecting the
obligations and covenants of this Lease. Nothing herein contained, however, shall be deemed
or construed to impose upon Lessor any obligation, responsibility, or liability whatsoever for the
care, maintenance or repair of the building or any part thereof, except as otherwise herein
specifically provided.
ARTICLE XXIX
Contingency
29.1 This Lease Agreement is hereby made expressly contingent upon the Lessee
receiving the required approval through the Lessor’s Development Review process including a
Minor Amendment Review and the appropriate building permits. If these approvals are not
received by Lessee, then this Lease Agreement shall be automatically terminated and all
parties shall be released from all obligations hereunder.
ARTICLE XXX
Miscellaneous
30.1 Words of the masculine gender include the feminine and neuter genders; and
when the sentence so indicates, words of the neuter gender refer to any gender. Words in the
singular include the plural and vice versa.
30.2 This Agreement shall be construed according to its fair meaning and as if
prepared by both parties hereto and is deemed to be and contain the entire understanding and
agreement between the parties hereto. There should not be deemed to be any other terms,
conditions, promises, understandings, statements or representations, expressed or implied,
concerning this Lease Agreement unless set forth in writing and signed by both parties hereto.
30.3 The section headings used are for convenience of reference only and in no way
define, limit or prescribe the scope or intent of any provision under this Lease Agreement.
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30.4 Subject to the provisions hereof, the benefits and burdens of this Lease
Agreement inure to and are binding upon the parties hereto and their respective heirs,
administrators, successors and permitted assigns.
30.5 No waivers by the Lessor of any one or more of the terms, covenants, conditions
and agreements of this Lease Agreement shall imply or constitute a waiver of any other breach
hereunder; and the Lessor's failure to insist upon strict performance of the terms, conditions,
covenants and agreements herein contained or any of them does not constitute or should not
be considered as a waiver or relinquishment of the Lessor's rights to enforce any such default
or term, condition, covenant or agreement; and the same will continue in full force and effect.
30.6 The Lessor's remedies under this Lease are cumulative, and no one of them
shall be construed as exclusive of any other or of any other remedy provided by law. This
lease shall be governed by and its terms construed under the laws of Colorado.
30.7 The Lessor reserves the right to grant such utility easements and other
easements as it desires over, across and under portions of the Leased Premises so long as
such easements do not unreasonably interfere with the Lessee's continuing use of the Leased
Premises.
30.8 At any time, and from time to time, the Lessee agrees, upon request in writing
from the Lessor, to execute, acknowledge and deliver to the Lessor a statement in writing
certifying that this Lease is unmodified and in full force and effect (or if there have been
modifications, that the same is in full force and effect as modified and stating the modifications)
and the date to which the rent and other charges have been paid.
30.9 No act or thing done by the Lessor or the Lessor's agents or employees during
the Lease term will be considered as an acceptance of the surrender of the Leased Premises,
and no agreement to accept such surrender will be valid unless in writing signed by the Lessor.
No employee of the Lessor or the Lessor's agent has any power to accept the keys to the
Leased Premises prior to the termination of this Lease. The delivery of keys to an employee of
the Lessor or to the Lessor's agent shall not operate as a termination of this Lease or a
surrender of the Leased Premises. No payment by the Lessee or receipt by the Lessor of a
lesser amount than the monthly rental herein stipulated will be deemed to be other than on
account of the earliest stipulated rent; nor will any endorsement or statement on any check or
any letter accompanying a check or payment as rent be deemed an accord and satisfaction;
and the Lessor may accept such check or payment without prejudice to the Lessor's right to
recover the balance of such rent or to pursue any other remedy available to the Lessor.
30.10 The Lessee, upon the expiration or termination of this Lease, either by lapse of
term or otherwise, must peaceably surrender to the Lessor the Leased Premises in broom-
clean condition and in good repair, as hereinabove provided, except for condemnation,
ordinary wear and tear, acts of God, and damage by fire or other casualty not caused by the
negligence of the Lessee or anyone under the Lessee's control. Lessee may remove all
Lessee Improvements and the Lessee's movable trade fixtures, equipment and furniture. All
property not removed will be deemed abandoned and shall be deemed the property of Lessor.
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30.11 The Lessee acknowledges and agrees that the Lessee has not relied upon any
statements, representations, agreements or warranties except such as are expressed herein.
30.12 Nothing contained herein shall be deemed or construed by the parties nor by any
third party as creating the relationship of principal and agent or a partnership or a joint venture
between the parties, it being agreed that none of the provisions set forth herein nor any acts of
the parties shall be deemed to create a relationship between the parties other than the
relationship of Lessor and Lessee.
30.13 By executing this Lease, the Lessee is deemed to have accepted the Leased
Premises in their present condition "as is". The Lessee acknowledges that the Leased
Premises, in their present condition, comply fully with the Lessor's covenants and obligations
hereunder.
30.14 The parties acknowledge that certain items of personal property may be located
within the commercial buildings located on the Leased Premises. The Lessor makes no
representations or warranties regarding their ownership or condition of any such items of
personal property. . The parties acknowledge that said items of personal property located
within said buildings may belong to third parties. The Lessee agrees to release, indemnify and
hold the Lessor harmless against any liability for any improper use or disposition by the Lessee
of any items of personal property belonging to third parties.
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IN WITNESS WHEREOF, the parties hereto have caused this Lease Agreement to be
executed the day and year first above written.
THE LESSOR:
THE CITY OF FORT COLLINS, COLORADO, a
Municipal Corporation
By:
City Manager
ATTEST:
________________________
City Clerk
APPROVED AS TO FORM:
________________________
Senior Assistant City Attorney
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THE LESSEE:
Feeding Our Community Ourselves, Inc.,
a Colorado non-profit corporation
By: ______________________________
Name
_______________________________
Title
ATTEST:
Title
STATE OF COLORADO )
) ss
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this day of
______________, 2014, by _______________________________________.
Witness my hand and official seal.
My Commission expires:
____________________________
Notary Public
ATTACHMENT 3
Neighborhood Meeting Summary for Proposed FoCo Café at 225 Maple Street
First Meeting – Feb. 5
36 members of the public signed in (approximately 20 inside and 16 outside of notification area)
Major areas of concern were identified and discussed, and follow-up discussion on these issues is
documented below.
Second Meeting – Feb. 19
28 members of the public signed in (approximately 9 inside and 19 outside of notification area)
Major areas of concern were reviewed, along with changes proposed since the Feb. 5 meeting,
including:
Security/enforcement: concerns related primarily to loitering, trespassing, and Washington Park impacts
o Police officers work hard to create a safe environment by enforcing existing laws in a
professional and compassionate manner.
o Tickets/enforcement are not always most effective means.
o Deputy Chief Schiager offered to have police officers meet with residents to learn more and
make recommendations to minimize issues. This took place during the week of Feb. 24, 2014.
Parking Impacts: concerns related primarily to increased need for parking and loss of longer term
parking spaces for use of residents
o General parking policy is for the parking at the curb to match the use at the site (longer in front
of residential; shorter in front of commercial uses), and to balance needs of various users.
o Initial plan was to seek approval from Parking Services for four 2-hour parking spaces, 7 days, 24
hours, along the curb in front of 225 Maple St.
o Revised plan is to seek approval from Parking Services for four 1-hour parking spaces, Monday-
Saturday, 8 am-5 pm along the curb in front of 225 Maple St.
City’s Vision for Civic Center Area: questions related to how this business fits the vision for the Civic
Center area
o The lease of 225 Maple St. is not expected to be long-term, as the site is expected to be used by
the City in the future.
Potential Changes to Lease Terms: concerns related to potential amendments to the lease terms during
the term of the lease; also concerns about the length of the lease
o Council approval of lease at first reading included the lease term and lease payments.
o With the public input, staff decided to recommend to Council to approve the restricted café
serving hours. The City will seek neighborhood input regarding potential lease amendments
such as further changes to café serving hours prior to seeking Council approval.
o The proposed lease term is five years. The reasons include: the tenant will be responsible for
improvements to the property; it is a new business that will need time to establish; and, the City
does not expect to require the use of the site in the next five years. Therefore, five years is the
minimum practical lease period.
If and How Customers Work for Meals: questions related to if customers have to volunteer for their
meal if they are not able to pay, and the logistics of the volunteer work
o Customers/participants will be required to pay what they can or volunteer for a meal at the
Café. It is not a place where people can go for “free” food.
ATTACHMENT 4
o Volunteering may take place at the Café or off-site opportunities such as working at a garden
raising food for the Café.
Hours of Operation: Concerns related to the hours open to the public and nature of off-hours
activities/events
o The café plans to be open to the public from 11 am-2 pm, Monday-Saturday, with private events
and food prep at other times.
o The 11 am-2 pm public hours are similar to those offered at similar cafes in other communities,
including the SAME Café in Denver, which has been operating for a number of years and the
hours have remained 11 am-2 pm.
o The FoCo Café’s founders have asked that the lease not define the hours of operation to allow
future flexibility in operations.
o Neighbors have requested the 11 am-2 pm public hours be specified in the lease so that the
operation of the café will be similar to what has been presented during the neighborhood
meetings.
o Initially, the proposed lease did not include specific public hours.
Staff will present to City Council the following three options regarding the hours of operation:
1. Restrict café serving hours to 11:00am-2:00pm Monday through Saturday with up to five special
dining events throughout the year
2. Restrict café serving hours to 10:00am-3:00pm Monday through Saturday with up to five special
dining events throughout the year
3. Do not restrict café serving hours
Neighborhood Information Meeting - FoCo Café
February 5, 2014
Community Room, 215 N. Mason St.
This neighborhood meeting is being held to discuss two potential leases of City-owned properties: 225
Maple St. (for the FoCo Café), and 300 N. Howes St. (for a relocated Eco-Thrift retail resale store).
Because City Council is considering only the FoCo Café lease at the March 18 City Council meeting, this
version of the notes includes only questions and comments relating to FoCo Café.
City staff will discuss the City’s plans for its properties in the area and about the zoning and land use
review process. The applicant will present information about their plans for the leased site. The
remainder of the meeting will be an opportunity for questions and responses.
Comments in italics were added for clarification or correction following the meeting.
City Staff in Attendance:
Ken Mannon, Operation Services
Helen Mason, Operation Services
Kayla Ballard, Operation Services
Peter Barnes, Zoning
Seth Lorson, Planning
Jerry Schiager, Police Services
Beth Sowder, Neighborhood Services
Amanda Nagl, Neighborhood Services
Sarah Burnett, Neighborhood Services
Applicants in Attendance:
Kathleen Baumgardner, FoCo Café
Jeff Baumgardner, FoCo Café
City Staff (Operation Services):
To provide some context for this potential lease, Ken Mannon provided the following information. The
City has been acquiring properties in a 4-block area including these sites for a long time, probably
starting in the 1980’s. Work has been underway for four years to create a master plan to consolidate
everything into a campus for the City. When staff first started to look at this, the plan was to develop
Block 32, where we are now (bounded by Mason, Howes, Laporte and Maple). Council directed staff to
plan for the next 50-100 years, so the master plan area was expanded (to include Block 42, to include the
2-block area bounded by Howes, Meldrum, Laporte and Maple). A draft master plan for future City
development was taken to a City Council work session last November.
A Utilities/Customer Service building will be built first (on the northeast corner of the intersection of
Laporte and Howes), with construction beginning in 2014 through fall of 2015. Currently, the only
building that is funded is the Utility/Customer Service Building. Timing for a new City Hall or a parking
structure (on the southwest corner of the intersection of the intersection of Mason and Maple) is not
known at this time. As the master plan is built out, the buildings housing the FoCo Café and Eco-Thrift
will be replaced with other buildings, and they will eventually need to relocate.
There will be another neighborhood meeting prior to construction of the Utilities/Customer Service
building. This building will require deconstruction of three buildings. When we first talked to FoCo Café,
ATTACHMENT 5
FoCo Café Neighborhood Meeting
February 5, 2014
2
we looked at one of those buildings on Laporte Avenue. As plans for the Customer Service Building
developed, we knew we couldn’t lease that building as it would be short term. So, we moved forward
with the current proposal for a FoCo Café lease of the building at 225 Maple and went to Council as has
been our policy. However, because of concerns raised by the neighbors, we are holding this
neighborhood meeting to provide an opportunity for the neighbors to learn more about the proposal
and to provide feedback. We also have changed our policy to include a neighborhood process for future
leases for commercial or non-profit tenants. I apologize; it was not our intent to bypass a neighborhood
process, we just have not had a neighborhood process with City leases prior to this.
Helen Matson explained that the lease process for commercial and non-profit tenants in effect up until
January 2014 was:
- Advertise property for rent
- Screen applicants
- Negotiate Lease Terms
- Take Lease to Council for approval
- Sign Lease
- New Tenant completes development process for their projected use
Our new lease process for commercial and non-profit tenants as of February 2014 is:
- Advertise property for rent
- Screen applicants
- Negotiate Lease Terms
- Initiate public outreach through neighborhood meetings
- Prospective tenant completes development review process (for compliance with land use and
zoning requirements) for their projected use
- After development review process is complete, take lease to Council for approval
City Staff/Zoning
Peter Barnes reviewed the zoning and land use review process. The Downtown Zone has three sub-
districts; 225 Maple is in the Civic Center sub-district.
The potential tenant will need to apply for a “change of use”. Because 225 Maple St. was developed as
“use by right”, the proposal to change use is a minor amendment process. A minor amendment is a
non-public hearing process done administratively by City staff. It usually takes 4-12 weeks. There is a
requirement to upgrade the site to current standards – landscape, parking lot design standards, etc. The
use (restaurant) is listed as a permitted use in the Downtown zone, which means that restaurant use at
this location has been determined to be acceptable by the adoption of the code. The applicant has not
currently submitted for a minor amendment, so the process has not started.
City Staff/Neighborhood Services
Sarah Burnett reviewed the next steps for the proposed lease. Typically, development projects only
require one neighborhood meeting (when a neighborhood process is required). Two meetings for this
lease are being held. We wanted to have opportunity for City staff and the applicant to listen and
respond to any concerns tonight, and to share any changes that have occurred in their plans in the
follow up meeting, which will be held at 281 N. College Ave. on February 19 at 6 p.m.
Contact information was provided for City staff:
Ken Mannon, Operation Services Director – kmannon@fcgov.com or 221-6894
FoCo Café Neighborhood Meeting
February 5, 2014
3
Peter Barnes, Zoning Supervisor – pbarnes@fcgov.com or 970-416-2355
Sarah Burnett, Neighborhood Development Review Liaison – sburnett@fcgov.com or 970-224-
6076
Applicant Presentation
FoCo Café (Kathleen and Jeff Baumgardner)
Kathleen Baumgardner explained that FoCo Café is being developed by a non-profit called Feeding Our
Community Ourselves. She is the Executive Director of the non-profit. The organization’s mission is to
build community through great tasting meals. It will operate under a “pay what you can” model that
makes healthy food accessible to people of all income levels, with a focus on local food and volunteer
opportunities. She showed pictures and shared videos of non-profit cafés in Colorado Springs (Seeds
Community Café), Denver (S.A.M.E. Café), and Red Bank, NJ (J.B.J. Soul Kitchen).
She noted that community cafés look like other cafés. Mixed residential and commercial areas are
typical locations for these cafés. Individuals and groups often volunteer. Each individual pays for their
meal through donation or through volunteer work. She encouraged all to check out the information
provided in handout and to view two other videos.
FoCo Café plan is basic non-profit café similar to those in other cities. It will be open Monday-Saturday
from 11 a.m. to 2 p.m. for lunch, and also at other times for private meetings and events. Their goal is
to build community and make neighborhoods stronger.
Questions, Answers, Comments
Q (Citizen): I’m concerned about the parking. On both sides of Maple, spots are filled at 8 am. Are you
going to City to ask for time limits (such as a 2-hour limit) on spaces? Is this a City question?
A (City/Planning): Seth Lorson responded that additional spaces on Maple may be converted with this
new use. He believes that it may be mostly City employees who park there currently and are there all
day.
A (City/Neighborhood Services): Sarah spoke with Randy Hensley from Parking Services today; he
indicated they will balance the needs for short and long term parking.
Comment (Citizen): Parking is a big concern. By making 2 hour spots, you are taking away residents’
parking.
Comment (City/Operation Services): We plan to add a parking structure near Mason and Maple, but not
immediately. In the longer term, there will be some on-street parking on Laporte and parking on Howes
may be shifted to diagonal parking, making more spaces. When we talked to the potential tenant, we
talked about assisting FoCo Café to obtain 3 short-term on-street parking spaces. (Post-meeting
correction: discussions with FoCo Café were for 4 spaces, not 3 as stated in the meeting.)
Q (Citizen): Does the city have a study going on about parking? City seems to just slough off parking. It
seems like a problem far beyond what we are talking about here.
A (City/Planning): There is a parking plan for downtown and we are currently doing a Transit-Oriented
Development (TOD) Overlay Parking Study. We are going to be reaching out to the community about
this in the next couple of months. The goal is to provide enough but not too much parking in the area.
FoCo Café Neighborhood Meeting
February 5, 2014
4
A (City/Operation Services) Penny Flats was previously City property and was developed as a public-
private partnership. The City is looking at how things need to change but it was designed with parking
underneath for these reasons.
Q (Citizen): What is the length of the lease?
A (City/Operation Services): 5 years.
Q (Citizen): Are requirements for upgrades and improvements for applicant or City?
A (City/Operation Services): The City is responsible for improvements on leased buildings. We have to
do certain things to make the unit useable.
Q (Citizen): Can the lease govern hours of operation?
A (City/Operation Services): No. The Café is paying market rent for this space. The lease term and rent
will be set for five years but the lease can be amended without City Council review. Universally, these
cafes are 11-2, 6 days a week – they also do events.
Q (Citizen): Is this a market rate lease? I read in the paper the lease is for $16,000/year.
A (City/Operation Services): Yes, it is market rate. The lease includes 1,000 sq. ft. for the restaurant and
kitchen area at one rate; the basement and the unheated garage are each at different rates. Rates are
based on warehouse market rates for the area.
Q (Citizen): Can you discuss customer flow and seating capacity?
A (FoCo Café Applicant): The restaurant will be 450 square feet and will accommodate 32 seats at most.
There will be another 15-17 seats outside, weather permitting. We will have comfortable outdoor
seating so that people waiting will be on property, not on the sidewalk. The front door will be on west
side of building, and handicap ramp will be built across from front door. Architect further explained the
flow of customers.
Q (Citizen): Business model - Do customers pay or work for their meal, or is it free food?
A (FoCo Café Applicant): – Introduced a couple who has operated a café in Denver (S.A.M.E. Café) for 7
years. FoCo Café will operate under the same model as the S.A.M.E. Café. The S.A.M.E. café founder
stated that everyone who comes in either participates with time or money; no food is given away.
People with shopping carts or who have drug, alcohol or mental health issues do not typically flock to us
because we want to build community with them. It is not a soup kitchen.
Q (Citizen): I am concerned because the transient homeless population is only a block away.
A (S.A.M.E. Café manager): We find people who come to our cafe (regular customers) help to police the
place.
Q (Citizen): If you have to usher someone off of the property, where do people go?
A (S.A.M.E. Café manager): This is a rare occurrence; we have a problem like this about once a year.
Q (Citizen): What about initially?
A (S.A.M.E. Café manager): You let people know at the door what the café is and what it isn’t. We tell
people they have to work or pay and if they don’t want to do that, they leave. There are other places
they can go and be invisible. Word gets out quickly and problems are rare.
FoCo Café Neighborhood Meeting
February 5, 2014
5
Q (Citizen): Do you encourage or require participation through volunteering if someone cannot pay?
A (FoCo Café applicant): It is required. Of course people will pull one over you on occasion but in
general, we will require.
Q (Citizen): Jefferson Park is not a good place to take your kid, so we go to Washington Park. If there are
problems at Washington Park, what will happen?
A (City/Police Services): The difficult thing for the police department is that there is nothing illegal about
hanging out or sleeping in the park. It may be unsightly but most of the folks there are not doing
anything illegal. I can’t predict the impacts on Washington Park.
Q (Citizen): How many people come because they are food insecure?
A (FoCo Café Applicant): People who come want healthy food. They want to go to Whole Foods but
can’t afford that. They can afford something. 65-70% of people are market value customers. Others
are close and do some chores to off-set. 10% are completely working for their food. It changes the
concept of hungry. People are eating ramen and heating things in the microwave. They would like to
treat family to restaurant meal but make just above minimum wage. This helps to meet the gap for
social sustainability for these people.
A (FoCo Café Applicant): The Bohemian Foundation sent out information today; statistics were
discussed. The “self-sufficiency income level” for a family of four in Larimer Count is $58,200/year; the
federal poverty level for a family of four is $23,550; a full-time minimum wage job in Colorado will earn
$16,640 in 2014.
Q (Citizen): What kind of marketing have you done?
A (FoCo Café Applicant): We have done Ted Talks and many other community outreach meetings at
churches, schools, etc. for 2 years since we incorporated. We’ve been successful at getting the word
out, and have been working with area nonprofits. Matthews House is here because they are excited to
have kids re-engage with community.
Comment (Matthews House Executive Director): The word gets around quickly that Matthews House is
not about enablement – it’s about empowerment. We have had homeless come, but businesses would
attest to the fact that we don’t have people just hanging out at Matthews House. They are invited to
come and engage with employees but we are not a flop house. The word is out that is not allowed; it
took a couple months for that to happen. The youth we are working with that want to go into culinary
arts will have great connections. People were concerned about traffic and kids when Matthews House
moved to its location on Martinez Park—the neighbors thought it would be a detriment and it wasn’t.
The two folks here tonight from the S.A.M.E. Café in Denver were recently awarded for philanthropy
work. The Rio owner has already come forward and said there will be a Rio night at FoCo Café. The café
has support from the restaurant community.
Comment (FoCo Café Applicant): We are just serving salad and soup we do not expect a need for 2-hour
parking. Hoping it will primarily be a pedestrian experience involving a 5-minute walk.
Q (Citizen): We have a teenage son who can’t even take the trash out because of homeless people have
yelled at him for waking them. How is Fort Collins prepared for an influx of homeless people at
Washington Park?
A (City/Police Services): If someone is trespassing on private property, then a posted sign that says “no
trespassing” can allow for enforcement. Perhaps the Penny Flats HOA has the authority to post a sign.
FoCo Café Neighborhood Meeting
February 5, 2014
6
There is a difference between perception of safety and quality of life issues. The majority of police calls
are low level activities such as open container or loitering; we don’t often see homeless activity
impacting citizens. We are a generous community, and that attracts a transient population. It is a
community discussion. Police get stuck in the middle of it—some believe police are picking on homeless
people, while others say they won’t take their family downtown anymore because they don’t feel
comfortable. It is a balance, but we can’t run people out of town.
Comment (City/Social Sustainability): Staff at Police Services studied police call numbers at the Murphy
Center and number of calls in the area actually decreased by 3% during the first 3 years of operation.
Comment (Citizen): I operate business on North College—the Starbucks in the Northern Hotel. Our
employees are eager to participate in the Cafe. We have had safety concerns at the Northern Hotel
where we see all - transient population and prosperous community members. Traffic and people is
what provides safety. A focus on community members and providing more traffic up north is good for
business.
Q (Citizen): The City has right to default for ongoing violations with Eco-Thrift. Does the City have same
option with the café?
A (Operation Services): It would be hard to hold them responsible for community impacts. They will
have terms to hold up, property and rent, but it would be difficult or impossible to have lease terms for
off-site problems.
Q (Citizen): Is lease available to public?
A (Operation Services) The lease goes to Council for another reading. It would also be available through
Open Records.
Comment (FoCo Café Applicant): We have to create an environment that the general public wants to
come to. If we don’t, then you won’t have to worry about the lease, because if you don’t want to go
there, then we won’t be able to pay our rent. We need to serve a superior product and provide an
excellent experience to stay in business.
Comment (Citizen): There was an issue with graffiti until we hired people to paint transformers…maybe
there is a more creative way to keep the park for all.
Comment (Eco-Thrift) Eco-Thrift has adopted Washington Park as their “adopt a park”. Washington Park
is not a desirable location for that population because of the number of City offices close by. They
would not feel comfortable there, close to the Justice Center.
Q (Citizen): Why not make the restaurant a 3-year lease?
A (City/Operation Services): For the restaurant to establish itself, it needs 5 years. If it doesn’t work,
they will have to leave because they won’t be able to pay rent.
Comment (Penny Flats HOA representative): The social flow and fabric of neighbors is going to change.
A survey was created for owners at Penny Flats, and has been shared with City staff tonight. We
appreciate the candid conversation tonight that has answered some of the concerns and questions.
A (City/Neighborhood Services): There are a couple of additional questions that City can provide
answers; we can look and try to supply those responses in the notes from this meeting.
FoCo Café Neighborhood Meeting
February 5, 2014
7
Q (Citizen): What is the timeframe? When do these establishments go into effect?
A (City): As noted earlier, it typically takes 4-12 weeks from the date of application for review process.
The lease for café is planned to be reviewed by City Council on March 18.
A (FoCo Café Applicant): It is a slow process. Next reading March 18, so we could get keys in April;
opening in July would be pretty amazing if everything fell into place perfectly. Community building goes
fast—opening of café goes slow.
Q (Citizen): Everyone’s intentions seemed good when the Bellvue Bean failed. I am excited about the
project and I don’t believe my park will be harmed but what if? From a lease perspective, how does that
get dealt with?
A (City/Operation Services): Placing hours in the lease is an option, but events at other hours will be
allowed for private groups. (A similar question was covered above regarding Eco-Thrift, and the same
would apply for café: It would be hard to hold a tenant responsible for community impacts. They will
have terms to hold up, property and rent, but it would be difficult or impossible to have lease terms for
off-site problems.)
Comment (FoCo Café Applicant) We need to be careful; we are basing our model on other successful
cafés but we don’t have our own successes yet, and we will need flexibility if we need to adjust hours as
time goes on.
Comment (Citizen): It would be a tragedy if single moms that wanted to go with kids couldn’t get there.
We want to set them up for success. They are building community right here right now. I wouldn’t be
here otherwise. We need to allow flexibility to be successful.
Neighborhood Information Meeting - FoCo Café
February 19, 2014
281 N. College Ave., Conference Room A-D
This neighborhood meeting is being held to discuss two potential leases of City-owned properties: 225
Maple St. (for the FoCo Café), and 300 N. Howes St. (for a relocated Eco-Thrift retail resale store).
Because City Council is considering only the FoCo Café lease at the March 18 City Council meeting, this
document includes only questions and comments relating to FoCo Café.
A previous meeting was held on February 5, 2014 where City staff discussed the City’s plans for its
properties in the area and about the zoning and land use review process. Each applicant presented
information about their plans for the leased sites. The remainder of the meeting provided an
opportunity for questions and responses. This meeting is intended to provide information or changes
based on the questions raised at the previous meeting.
Comments in italics were added for clarification or correction following the meeting.
City Staff in Attendance:
Ken Mannon, Operation Services
Helen Matson, Operation Services
Kayla Ballard, Operation Services
Peter Barnes, Zoning
Seth Lorson, Planning
Jerry Schiager, Police Services
Beth Sowder, Neighborhood Services
Sarah Burnett, Neighborhood Services
Applicants in Attendance:
Kathleen Baumgardner, FoCo Café
Jeff Baumgardner, FoCo Café
City Staff
City staff provided a brief overview of the lease process, city master plan for the area, and zoning
regulations and process (quick review from the information shared at the February 5th meeting). Sarah
also provided a list of issues and concerns raised either at the meeting or received since the last
meeting. This list includes:
Security/enforcement
Parking impacts
City’s vision for Civic Center and how these businesses fit that vision
Potential changes to lease terms
If/how/process for customers to work for meal(s) (FoCo Café)
Hours of operation (FoCo Café)
Contact information was provided for City staff:
Ken Mannon, Operation Services Director – kmannon@fcgov.com or 221-6894
Peter Barnes, Zoning Supervisor – pbarnes@fcgov.com or 970-416-2355
ATTACHMENT 6
FoCo Café Neighborhood Meeting
February 19, 2014
2
Sarah Burnett, Neighborhood Development Review Liaison – sburnett@fcgov.com or 970-224-
6076
Applicant Presentation
The applicant provided an overview of their business and plan for the 225 Maple St. location.
Questions, Answers, Comments
Security/Enforcement
Q – What are the options to ensure a safe environment – other enforcement options like disorderly
conduct, harassment, obstruction?
A – Deputy Chief Schiager – Needs the details of each situation to determine the best enforcement
action to take. Could write a ticket for any of the issues mentioned, but they try to determine what the
best action is. Sometimes there are other options. Law enforcement is not the answer to homeless
issue. Many times they are not doing anything illegal. If there is illegal activity/behavior, then police can
take enforcement action. There is no enforceable loitering statute. They are working on panhandling –
some panhandling is protected by the 1st Amendment. He does not think these businesses will add to
crime in the area. Police hear from both sides – some believe not enough while others believe too much
being done about the homeless population.
Q – Do we need ‘No Trespassing’ signs posted at Penny Flats?
A – Deputy Chief Schiager – He believes they do need the signs so that Police can address any
trespassing issues. He also offered to go take a look at the area to help them determine what steps
would be best to address any issues. (He also provided contact information to the residents following
the meeting.) The trash enclosure area is the main concern.
Hours of Operation
Q – What are the hours of operation for FoCo Café?
A – Jeff Baumgardner/FoCo Café – Yes, 11-2 – lunch and some other events through the year. They do
not think individuals sleeping by the trash enclosures will choose FoCo Café because it is not a free meal
– they have to participate. They can get a free meal up the street.
Parking Impacts
Helen Matson/City Operation Services – We met with Jeff Baumgardner to discuss parking. We are
planning for parking directly in front of 225 Maple with signs being posted as follows:
FoCo Café - 4 spaces will be 1 hour parking - 8am – 5pm Monday through Saturday
Q – I’m concerned that this will create even more of a parking issue for residential parking.
A – Helen Matson/City Operation Services – This is not a permanent solution to the parking problems in
the area – eventually a parking garage will be built. Businesses also need parking – not all on-street
spaces can be long-term for residents.
FoCo Café Neighborhood Meeting
February 19, 2014
3
Q – Can City employees be required to use the current parking garage?
A – Ken Mannon/City Operation Services – There is no City Policy requiring employees to park in the
garage. The garage is usually full most of the time now. On-street parking is public parking. The City
will be encouraging employees to use MAX, and provides Transfort passes to employees. The new
parking structure will be built sometime after the Utilities Customer Service Building, but it is not known
exactly when or how many spaces it will have.
Comment – I think the 1-hour parking spaces will actually help decrease the parking issues because
employees won’t be able to park there all day.
Q – What about off-street parking at the business?
A – Helen Matson/City Operation Services – FoCo Café only has part of the space, so there is no room
for off-street parking. The remainder of the space will be used by the City.
A – Sarah Burnett/City Neighborhood Services – provided general guidelines for parking (information
that she received from Randy Hensley with Parking Services). The new Brinkman building planned for
the northeast corner of Maple & Mason (residential with the potential for some commercial on the first
floor) will determine what the on-street parking will be. Parking will be allowed for a longer duration if
the use is residential only; it will have shorter time limits if there are retail uses.
Civic Center Vision
Q - A question had been raised about how this business fits into the vision for the Civic Center sub-
district and the vision for the area.
A – Ken Mannon/City Operation Services –This business is temporary and not part of the long-term Civic
Center vision. FoCo Café will have a 5-year lease with the option to extend. The long-term plan is that
this business will not remain in this location, as the site will be used for City facilities in the future.
Potential Lease Term Changes
Ken Mannon/City Operation Services – The FoCo Café lease will define the hours of operation (when
open to the public) from 11 am – 2 pm, Monday - Saturday. It will be available other hours for private
events and food prep. If they want to extend or change the public operating hours, they will need to go
back to the neighborhood to get feedback first, then the changes would be brought back to City Council.
Kathleen Baumgardner/ FoCo Café – working on the possibility to do a limited number extra meals
outside of those hours. These might include Thanksgiving dinner, Mother’s Day, etc.
Q – How was the property advertised for rent and how was the market rate determined?
A – Helen Matson/City – They usually use a variety of effective ways to advertise City-owned buildings
that are for rent. However, they were already working with the FoCo Café to potentially lease a building
on Laporte Ave. when the City’s Master Plan took over and they need to change the plans they had.
They had to look for other available buildings that would work for them. FoCo needs 5 years to make it
work. To determine market rent rate, they looked at comparisons of warehouse-type buildings. The
tenants are responsible for tenant improvements. Helen provided the prices of all the spaces. They did
not advertise the building because they weren’t looking at renting them since they thought the area was
going to be developed.
FoCo Café Neighborhood Meeting
February 19, 2014
4
Comment (Resident) – You should advertise these to other commercial brokers so they know what’s
available.
If/How Customers Work for Meal (FoCo Café)
FoCo Café – There are no free meals. Everybody either pays full price, less (what they can afford), or use
time/talent – this can be both in and out of the café – include local farms, non-profits, etc. They will do
a lot of communication explaining how it works. SAME café in Denver has been operating in the same
location for 7 years – no complaints – but the yoga studio next door was asked to leave.
Student perspective – students really like this model and the opportunity to volunteer and help pay for
meals. They have had a lot of student volunteers already.
Turning Point – they are very interested in working with FoCo Café. They help at-risk youth who can
work at gardens – it gives troubled kids a chance to work and learn. There are a lot of youth involved
and different organizations. They need a lot of volunteer opportunities. There are a lot of people who
want to volunteer.
FoCo Café – the typical customer is a hard-working individual just trying to stretch their money and eat
healthy food.
CSU Faculty Member – teaches about global food security. Many students volunteer; they seek these
opportunities. In the US, 15% of households experience some level of food insecurity. This might be
their only chance to go out to eat, give back to their community, and eat together in the café.
Additional advocates spoke.
A representative of Murphy Center for Hope explained homelessness and expressed support for the
café.
Q – What kind of opportunities for students at FoCo Café?
A- Kathleen Baumgardner/FoCo Café – A lot of opportunities – music, art, nutrition, hospitality
management, etc. There is a lot of support in town. Explained King Soopers card fundraiser.
Q – How does the work equate to meals?
A – FoCo Café – 1 hour of work equals 1 meal. They also provide “farm to fork” training; participants
may work in a garden in exchange for their meal.
Closing Questions
Q – How can residents be kept informed about the plans?
A- Sarah Burnett/City Neighborhood Services - explained that she can send the plans, once submitted to
the City, to those on the email list – will use blind carbon copy so email addresses are not visible to all
recipients.
FoCo Café Neighborhood Meeting
February 19, 2014
5
Next Steps
Notes from tonight’s meeting will be posted at fcgov.com/developmentreview/agendas.php and
will be distributed by email to residents who provided their email addresses.
When a minor amendments is submitted, attendees who provided their email list will be
notified.
The FoCo Café lease is scheduled for review by City Council at its March 18 Regular Meeting.
At the March 18 City Council meeting, Council will be presented with the following options
regarding the hours for the Café to be open to the public. Staff plans to recommend Option 1 to
Council:
1. Restrict café serving hours to 11 am-2 pm, Monday through Saturday with up to five special
dining events throughout the year.
2. Restrict café serving hours to 10 am-3 pm, Monday through Saturday with up to five special
dining events throughout the year.
3. Do not restrict café serving hours
1
Second Reading of Ordinance No. 007, 2014,
Authorizing the Lease of a Portion of City-
Owned Property at 225 Maple Street to
Feeding Our Community Ourselves, Inc. For
Up to Five Years
March 18, 2014
2
Feeding Our Community Ourselves, Inc. (“FoCo”)
wishes to lease a portion of 225 Maple Street.
FoCo plans to operate a community café for the general
public – diners will either pay or work for their meal.
Second reading of this ordinance was postponed due to
citizen concerns expressed at first reading on January
7, 2014.
3
Two public outreach meetings were held February 5
and February 19, 2014. These were joint meetings
to discuss two perspective tenants for the locations
of 225 Maple Street (FoCo) and 300 N. Howes
Street (Eco-Thrift).
Joint meetings were held because the proposed City
Utility building on Block 32 will displace Eco-Thrift.
Staff wanted to inform neighbors of the changes to
Block 32 at one time.
Each business was discussed separately and a
question/answer period followed each presentation.
4
5
City staff present at the neighborhood meetings
included:
• Operation Services –
Ken Mannon, Helen Matson, Kayla Ballard
• Zoning – Peter Barnes
• Planning – Seth Lorson
• Police Services – Deputy Chief Jerry Schiager
• Neighborhood Services –
Sarah Burnett, Beth Sowder, Amanda Nagl
6
Issues and concerns raised by the public were:
• Perception that the café and Washington Park
would be frequented by the homeless
• Parking impacts
• Potential changes to lease terms
• Opportunity to work for meals
• Hours of operation
Proposed changes to the lease following the outreach
meetings:
o Parking: Change four (4) on-street parking spaces
from 2-hour to 1-hour. The 1-hour parking will be
limited to 8AM – 5PM, Monday through Saturday.
7
o Restricted Hours: City staff is proposing the
following three options to City Council:
1. Restrict cafe serving hours to 11:00 AM - 2:00
PM, Monday through Saturday with up to five
special dining events.
2. Restrict cafe serving hours to 10:00 AM - 3:00
PM, Monday through Saturday with up to five
special dining events.
3. Do not restrict the cafe serving hours.
Staff is recommending Option 1. Our recommendation
includes the option to revisit the Council approved
hours in one year.
8
Lease Term: Five years with FoCo having the
option to terminate with 90-day written notice
Rent: $16,900 for first year, base rent to be adjusted
annually by CPI-U
Use of the Leased Premises: To operate a
restaurant to serve the general public at a no-set-fee
schedule, food processing including food rescue,
storage space, and other similar purposes such as
holding fundraising events and board meetings.
Lease Agreement
9
Lease Premises – FoCo Cafe
10
11
12
Thank you
- 1 -
ORDINANCE NO. 007, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE LEASE OF A PORTION OF CITY-OWNED PROPERTY AT
225 MAPLE STREET TO FEEDING OUR COMMUNITY OURSELVES, INC.
FOR UP TO FIVE YEARS
WHEREAS, the City is the owner of the property legally described as Lots 22 through
28, Block 32, Fort Collins, Colorado, also known as 225 Maple Street (the “Property”); and
WHEREAS, the Property, which was formerly the site of Haiston Oil, was purchased by
the City in 2008 to allow for future City development consistent with the Civic Center Master
Plan; and
WHEREAS, the City has not leased the Property since it was purchased, but various City
departments have used the garages on the Property for storage; and
WHEREAS, Feeding Our Community Ourselves, Inc. (“FoCo”) is asking to lease a
portion of the Property to house a non-profit café and a minimal food processing facility; and
WHEREAS, the portion of the Property that would be leased to FoCo consists of the
2,023 square foot main office building, a 110 square foot outbuilding, a 525 square foot garage,
and a portion of the grounds around these buildings (the “Lease Premises”); and
WHEREAS, the café would be open to the general public, would provide meals to people
regardless of their ability to pay, and would use local, organic and sustainably-grown
ingredients; and
WHEREAS, the City has no immediate plans for the Property, and City staff is therefore
recommending that the Lease Premises be leased to FoCo at a current market rate for industrial
space and cold storage buildings, resulting in an annual rental amount of not less than $16,900;
and
WHEREAS, a draft of the proposed Lease Agreement, dated March 6, 2014, is on file in
the office of the City Clerk and available for review; and
WHEREAS, FoCo would be responsible for all costs associated with remodeling and
improving the Lease Premises to operate it as a café and for all utilities and other operating
expenses, and the City would be responsible for maintenance of the buildings; and
WHEREAS, the proposed lease would be for a period of five years, but FoCo would have
the option to terminate the lease at any time upon ninety-days prior written notice to the City;
and
WHEREAS, the lease of the Lease Premises will benefit the City by generating revenue,
reducing the City’s costs for utilities for the Property and discouraging vandalism; and
- 2 -
WHEREAS, the City Council approved this Ordinance on first reading on January 7,
2014, and second reading was postponed to allow for public outreach meetings; and
WHEREAS, one of the concerns raised at the public meetings by residents of the
neighborhood around the Property was the serving hours for the café and whether those hours
should be limited as a condition of the lease; and
WHEREAS, based upon feedback following First Reading of this Ordinance, City staff is
proposing three options for the café’s serving hours in the Ordinance on second reading:
(1) restrict café serving hours to 11:00 a.m. to 2:00 p.m., Monday through Saturday, with
up to five special dining events throughout the year for which the hours of service may
vary;
(2) restrict café serving hours to 10:00 a.m. to 3:00 p.m., Monday through Saturday, with
up to five special dining events throughout the year for which the hours of service may
vary; or
(3) do not restrict the café’s serving hours; and
WHEREAS, if the City Council decides to restrict the serving hours, City staff intends to
do further outreach with the surrounding neighbors in one year to determine whether it would be
appropriate to expand the café’s serving hours, in which case staff would seek approval from the
City Council to modify the serving hours permitted in the lease; and
WHEREAS, under Section 23-111(a) of the City Code, the City Council is authorized to
sell, convey or otherwise dispose of any and all interests in real property owned in the name of
the City, provided that the City Council first finds, by ordinance, that such 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, because the City will receive fair market rent for the Lease Premises,
and the lease of the Lease Premises will discourage vandalism and reduce the City’s utility costs
for the Property, the City Council hereby finds that leasing the Lease Premises located at 225
Maple Street under the terms listed above is in the best interests of the City.
Section 2. That the City Manager is hereby authorized to execute a lease agreement
for the Lease Premises on terms and conditions consistent with this Ordinance in substantially
the form of the Lease Agreement 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,
determines to be necessary and appropriate to protect the interests of the City, including, but not
limited to, any necessary changes to the description of the Lease Premises, as long as such
changes do not materially increase the size or change the character of the property to be leased.
- 3 -
Section 3. That the lease agreement shall:
[OPTION 1] restrict café serving hours to 11:00 a.m. to 2:00 p.m., Monday through
Saturday, with up to five special dining events throughout the year for which the hours of
service may vary.
[OPTION 2] restrict café serving hours to 10:00 a.m. to 3:00 p.m., Monday through
Saturday, with up to five special dining events throughout the year for which the hours of
service may vary.
[OPTION 3] not restrict the café’s serving hours.
Introduced, considered favorably on first reading, and ordered published this 7th day of
January, A.D. 2014, and to be presented for final passage on the 18th day of March, A.D. 2014.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 18th day of March, A.D. 2014.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk