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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/16/2001 - FIRST READING OF ORDINANCE NO. 160, 2001, APPROVIN AGENDA ITEM SUMMARY ITEM NUMBER: 18 DATE: October 16, 2001 FORT COLLINS CITY COUNCIL STAFF: Susie Gordon SUBJECT: First Reading of Ordinance No. 160, 2001, Approving the Terms of the Sublease by the City of a Portion of Rivendell School Property for a Community Recycling Drop-off Facility. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY: Approval of the Sublease Agreement will allow the City to submit the Agreement to the County in order to remove a one-acre portion of the Rivendell School site from the property tax rolls. The City Manager has executed a sublease agreement by which the City will sublease from the executive board of Rivendell School a portion of the school's paved surface area as the location for a community recycling collection facility ("drop-off site"), for an initial period through the end of the current calendar year with up to 10 one-year renewals. The City Council is being asked to approve the Sublease Agreement in order for the one-acre parcel to be removed from the property tax rolls during the period of time (up to 10 years)that it is subleased by the City. Description of Sublease Conditions The City entered into a Sublease Agreement with Rivendell School on September 26, the terms of which call for$850 per month payments for the initial term, with increases as follows: (a) Sublease Year 1 (2002): $10,500.00 ($875.00 per month); (b) Sublease Year 2 (2003): $11,500.00 ($958.34 per month); (c) Sublease Year 3 (2004): $12,500.00 ($1,041.67 per month); (d) Sublease Year 4 (2005): $13,500.00 ($1,125.00 per month); (e) Sublease Year 5 (2006): $16,500.00 ($1,325.00 per month); (f) Sublease Year 6 (2007) on: rental rates may be increased annually as conditions warrant by an amount not to exceed four percent (4%) per year The City will pay an initial amount of$11,350 to be used for construction of a parking median by Rivendell School, with a possible further payment of up to $8,650 for that purpose. All such payments, along with a share of any amounts spent by the City in evaluating and investigating the environmental condition of the site up to a maximum of$2,700,will be credited toward future rent payments otherwise due from the City. The drop-off site is a project that was approved by the City DATE: October 16, 2001 2 ITEM NUMBER: 18 Council in the 2000-2001 budget,including both capital costs and ongoing maintenance costs. The site will become operational by late fall or early winter. Description of Drop-off Site Operations The Natural Resources Department (NRD) will be the City's representative and administrator for the drop-off site, and NRD staff will be responsible for all aspects of general maintenance and operations of the Recycling Center at Rivendell School. The drop-off site is located in the northeast area of the Rivendell property and will be accessed via the northern most of the two curb-cuts on Riverside Drive. Visitors to the site will be informed with clear and numerous signs about the need to follow rules and to limit their activities within designated areas. A fence around the perimeter of the recycling site will restrict traffic from gaining access to the school's parking areas and prevent visitors from having interactions with any of the school's students or staff. The program calls for the drop-off site to be open to the public 24 hours a day, seven days a week, although this is subject to change if necessary. At this point, NRD does not plan to staff the site, except on special occasions. The City will receive recyclable materials such as (but not limited to) mixed paper, commingled materials,and cardboard from the public in four 30-yard metal containers. The City will determine which materials to collect based on market conditions and economic feasibility. The City will be responsible for the regular removal and emptying of these bins as they become full, using the services of a contracted vendor to haul the containers by semi-truck. The recycling containers will to be taken to recycling plants where the contents will be processed and baled for market. The container in which cardboard will be collected will be outfitted with a self-activated,hydraulic compaction system that is run by electricity. The only port into this container that the public may use for depositing cardboard is a four-inch slit, which is designed to prevent safety hazards to the public. The mechanical compaction unit will further be protected by a"tag-out, lock-out" system that prevents it from being inadvertently activated. The City will clean up the site on a frequent basis (5-7 times per week) to remove loose debris, broken glass, or trash that is associated with the recycling collection program. Site clean-up will normally take place before 8:00 a.m. Additional clean-ups will occur for immediate problems if and when they arise. The City Code provisions prohibiting illegal dumping will be posted and illegal activities will be prosecuted to the full extent of the law. However,under the Sublease Agreement, the City accepts responsibility for the prompt removal and proper disposal of items that have been illegally dumped at the recycling center, such as used oil, trash, large finniture items, and any other non-recyclable items. The City will create educational materials at the recycling center,such as signage and kiosk displays, to clearly inform the public about the environmental benefits of recycling and the guidelines for preparing materials to be recycled. City staff expects to be receptive to the possibility of involving Rivendell students in creating and installing educational materials. • ORDINANCE NO. 160, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE TERMS OF THE SUBLEASE BY THE CITY OF A PORTION OF THE RIVENDELL SCHOOL PROPERTY FOR A COMMUNITY RECYCLING DROP-OFF FACILITY WHEREAS, the City intends to sublease approximately 42,300 square feet of space for a Community Recycling Drop-Off Facility (the "Facility") at 1800 East Prospect in Fort Collins, Colorado, more particularly described on Exhibit"A," attached hereto and incorporated herein by this reference (the "Property") from the Rivendell School, pursuant to a Sublease Agreement that has been negotiated by City staff,a copy of which,dated September 26,2001,is on file in the office of the City Clerk and available for review(the "Sublease Agreement"); and WHEREAS, under the Sublease Agreement, the monthly rent for the Property is $850 for each remaining month in 2001, and the following amounts for subsequent sublease terms: (a) Sublease Year 1 (2002): $10,500 ($875.00 per month); (b) Sublease Year 2 (2003): $11,500 ($958.34 per month); (c) Sublease Year 3 (2004): $12,500 ($1,041.67 per month); (d) Sublease Year 4 (2005): $13,500 ($1,125.00 per month); (e) Sublease Year 5 (2006): $16,500 ($1,325.00 per month); (f) Sublease Year 6 (2007) on: rental rates may be increased annually as conditions warrant by an amount not to exceed four percent (4%) per year; and WHEREAS, the negotiated initial term of the Sublease Agreement begins upon full execution of that Agreement, and expires December 31, 2001, followed by five optional renewal terms of one year in length, and an additional five optional renewal terms of one year in length if Rivendell School remains in possession of, or becomes the owner of, the Property; and WHEREAS, as part of the consideration for the sublease of the Property, the City will pay for the cost of construction of a parking island with interior landscaping improvements on the Rivendell School property,in the initial amount of$11,350,with potential additional funds to cover those actual costs in an amount up to $8,650,to be paid after the completion of the improvements, all of which is currently appropriated and available to be encumbered in connection with the Sublease Agreement; and WHEREAS, Rivendell School has agreed to credit the full amount paid by the City for parking island improvements against future rent payments from the City; and WHEREAS, Rivendell School has further agreed to credit to the City, against future rent payments,a portion of the actual costs incurred by the City in connection with environmental review and assessment of the Property up to a maximum amount of$2,700; and WHEREAS,the Sublease Agreement further provides that the City shall be responsible for the maintenance of the pavement on the Property, for the maintenance of the Property in good condition,safe and reasonably free from litter,and for environmental issues arising during the course of the Sublease term; and WHEREAS, sufficient funds have been budgeted and appropriated by the City for all expenses associated with the initial term of the Sublease Agreement; and WHEREAS,the Sublease Agreement provides that the City shall be responsible for any taxes attributable to the Property during the term of the Sublease; and WHEREAS,in order for the Property to be exempt from taxation,Colorado Revised Statutes Section 31-15-801 requires that the Sublease Agreement and the terms thereof be approved by ordinance by the City Council; and WHEREAS,the City Council wishes to approve the Sublease Agreement by ordinance so that the Property may be removed from the tax rolls. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Council hereby approves the Sublease Agreement, dated September 26, 2001, on file and available for public inspection in the office of the City Clerk,the terms of which include an initial rental period of through December 31, 2001, with an option to extend for a total of up to ten(10) additional one-year terms, contingent upon the annual appropriation of funds sufficient to meet the City's obligations under the Sublease Agreement for each additional term. Introduced and considered favorably on first reading and ordered published this 16th day of October, A.D. 2001, and to be presented for final passage on the 6th day of November, A.D. 2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 6th day of November, A.D. 2001. Mayor ATTEST: City Clerk NORTH LINE OF LOT 2 NW COR. OF LOT 2 0 Q FIRST REPEAT PROSPECT-RIVERSIDE SUB. m Qj ® ®- S89'53'27"E Z _ © O 04 J \ \ OJ i O^ ® 0 3 UW W 3 .J W W ry N ® W ci O W J U > O � d' z MUJ = p 0 W o WEST LINE OF LOT 2 U N co 0 U Z Z p /FIRST REPEAT acli o W> J N /// PROSPECT-RIVERSIDE SUB. 9!� o YOU LJ N (n U > Z Q W O� Q Z Z ©t © S00'14'27"W 3.28' N U J ® S89'S3'20"E-24.70' w J ® © N88'38'24"E-9.10' o Q C) R=12.00' CHD= ® N55'01'29"W-69.33' Z w S58'34'11"E-11.93' ® N89'53'27"W-120.78' N R=14.30' CHD= ® N64'48'23"W-29.17' 120.67' p S74'49'44"E-18.94' w L� W ® N70'15'16"E-12.53' © S89'39'20"W-21.88' U U) 0 R=15.00' CHD= ® S00'14'27"W-8.06' Q W N78'37'08"E-4.60' C) -t ® S89'47'34"E-123.14' N89'45'33"W-6.00' a ® R=8.65' CHD= ® N00'14'27"E-38.02' Z< 0® ® — oN = toS64'00'24'E-9.55' S00'14'27"W-8.00' % wz S32'33'44"E-12.41' 4533E-6.00 rc 0oz R=13.30' M® N00'14'27"E-8.00' S61'S3'15"E-74.99' Nam N89'45'33"W-6.00' o® N01'26'11"E-30.87' Zz= vY wol © N38'14'26"E-7.67' N onz aa� DESCRIPTION OF AN ACCESS EASEMENT FOR THE CITY OF FORT COLLINS RECYCLING CENTER LOCATED AT THE RIVENDELL SCHOOL An Access Easement located in the southeast quarter of Section 18 , Township 7 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said easement is also located in Lot 2 of the Plat of the First Replat of Prospect-Riverside Subdivision, a Plat of record with the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the west line of the said Lot 2 as bearing South 00 degrees 14 minutes 27 seconds West, and with all bearings contained herein relative thereto; Commencing at the northwest corner of the said Lot 2 ; THENCE along the said west line of Lot 2 , South 00 degrees 14 minutes 27 seconds West for a distance of 3 . 28 feet to the TRUE POINT OF BEGINNING of this description; THENCE leaving the said west line, South 89 degrees 53 minutes 20 seconds East for a distance of 24 . 70 feet; THENCE North 88 degrees 38 minutes 24 seconds East for a distance of 9 . 10 feet; THENCE along a non-tangent curve to the right having a radius of 12 . 00 feet a central angle of 59 degrees 38 minutes 17 seconds . and an arc length of 12 .49 feet, being subtended by a chord of South 58 degrees 34 minutes 11 seconds East for a distance of 11 . 93 feet; THENCE along a non-tangent curve to the left having a radius of 14 . 30 feet a central angle of 82 degrees 55 minutes 01 seconds and an arc length of 20 . 69 feet, being subtended by a chord of South 74 degrees 49 minutes 44 seconds East for a distance of 18 . 94 feet; THENCE non-tangent from the previous curve, North 70 degrees 15 minutes 16 seconds East for a distance of 12 . 53 feet ; THENCE along a non-tangent curve to the right having a radius of 15 . 00 feet a central angle of 17 degrees 37 minutes 34 seconds and an arc length of 4 . 61 feet, being subtended by a chord of North 78 degrees 37 minutes 08 seconds East for a distance of 4 . 60 feet; THENCE non-tangent from the previous curve, South 89 degrees 47 minutes 34 seconds East for a distance of 123 . 14 feet; THENCE along a non-tangent curve to the right having a radius of 8 . 65 feet a central angle of 67 degrees 02 minutes 09 seconds and an arc length of 10 . 12 feet, being subtended by a chord of South 64 degrees 00 minutes 24 seconds East for a distance of 9 . 55 feet; THENCE non-tangent from the previous curve, South 32 degrees 33 minutes 44 seconds East for a distance of 12 .41 feet; THENCE along a non-tangent curve to the left having a radius of 13 . 30 feet a central angle of 68 degrees 37 minutes 01 seconds and an arc length of 15 . 93 feet, being subtended by a chord of PAGE 1 OF 3 South 61 degrees 53 minutes 15 seconds East for a distance of 14 . 99 feet; THENCE North 01 degrees 26 minutes 11 seconds East for a distance of 30 . 87 feet to the north line of the said Lot 2 ; THENCE along the said north line, South 89 degrees 53 minutes 27 seconds East for a distance of 189 . 06 feet to the northeast corner of the said Lot 2 ; THENCE along the east line of the said Lot 2 , South 00 degrees 14 minutes 26 seconds West for a distance of 209 . 00 feet; THENCE leaving the said east line, North 89 degrees 53 minutes 27 seconds West for a distance of 120 . 67 feet ; THENCE North 00 degrees 14 minutes 26 seconds East for a distance of 61 . 50 feet; THENCE North 51 degrees 45 minutes 34 seconds West for a distance of 91 .33 feet ; THENCE North 38 degrees 14 minutes 26 seconds East for a distance of 7. 67 feet; THENCE North 55 degrees 01 minutes 29 seconds West for a distance of 69 . 33 feet; THENCE North 89 degrees 53 minutes 27 seconds West for a distance of 120 . 78 feet; THENCE North 64 degrees 48 minutes 23 seconds West for a distance of 29 . 17 feet; THENCE South 89 degrees 39 minutes 20 seconds West for a distance of 21 . 88 feet; THENCE South 00 degrees 14 minutes 27 seconds West for a distance of 8 . 06 feet; THENCE North 89 degrees 45 minutes 33 seconds West for a distance of 6 . 00 feet to the said west line of Lot 2 ; THENCE along the said west line, North 00 degrees 14 minutes 27 seconds East for a distance of 38 . 02 feet to the point of beginning. Containing 42274 square feet (0 . 971 Acres) more less . TOGETHER WITH: Commencing at the said northwest corner of the said Lot 2 ; THENCE along the said west line of Lot 2, South 00 degrees 14 minutes 27 seconds West for a distance of 171 . 50 feet to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said west line, South 00 degrees 14 minutes 27 seconds West for a distance of 8 . 00 feet; THENCE leaving the said west line, South 89 degrees 45 minutes 33 seconds East for a distance of 6 . 00 feet; THENCE North 00 degrees 14 minutes 27 seconds East for a distance of 8 . 00 feet; THENCE North 89 degrees 45 minutes 33 seconds West for a distance of 6 . 00 feet to the point of beginning. Containing 48 square feet more less . The above described easements are subject to all easements and rights of ways now existing or of record. PAGE 2 OF 3 I hereby state that the above description was prepared by me and is . true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S . 17497 P.O. BOX 580 FORT COLLINS, CO 80522 • PAGE 3 OF 3 MAC J Fx(�oncIRJ ILec� D(op-a# tom &IJ PLANTS-47ATCH 6PECE6 EXI6TNG TO RE6T NEW CURB,6'RANTER UTILITY tQ941- a.-ndo fyJ (E)6UN LW MICE 53'-m• EASE. TEN[E � G a s I) c !-In5 w -.__. 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