Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/06/2001 - FIRST READING OF ORDINANCE NO. 42, 2001, AUTHORIZI AGENDA ITEM SUMMARY ITEM NUMBER: 21 FORT COLLINS CITY COUNCIL DATE: March 6, 2001 STAFF: Virgil Taylor [RECOMMENDATION: JECT: First Reading of Ordinance No. 42, 2001, Authorizing the Lease of City Property at the Gateway Mountain Park. Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT: The agreement will provide an on-site residence for the ranger that will be operating and maintaining Gateway Park for the City's Parks Division. Although the residence will not provide actual revenue, it will benefit the City by having an employee on site to monitor activities. In the end it will save the City money. EXECUTIVE SUMMARY: The house at 5212 Poudre Canyon will be utilized by the Gateway Park ranger as an on-site residence, while maintaining and operating the Park. This house will allow the City employee to respond to on-site emergencies, reduce vandalism, assist park users and secure the property during closed hours. Having a person at the Park most of the time will assist in deterring undesirable activities. The tenancy agreement is a month-to-month agreement, and is written to provide the employee a place to live while employed with the City. However, that person will be obligated to move if employment ends or for other criteria listed in the tenancy agreement. The employee will provide a $500 security deposit to ensure against damage, non-payment of utilities, and other breaches of the tenancy agreement. The employee will arrange, within three business days after occupancy, for billing to the employee and be responsible for the payment of all utilities, including, but not limited to water, electricity, sewer, telephone, gas, trash, and cable television as directed by the City. DATE: March 6, 2001 2 ITEM NUMBER: 21 The City will be responsible for maintenance of the house for repairs of plumbing, all appliances, wiring, exterior premises, structural components and painting when necessary. The employee is responsible to keep the house and surrounding premises clean and in a sanitary condition. The employee can make no repairs or alterations without getting permission from the City. Staff recommends that Council adopt the Ordinance authorizing the lease of the house located within Gateway Mountain Park so the newly hired ranger can occupy it. t i I i I . ORDINANCE NO. 42, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE LEASE OF CITY PROPERTY AT THE GATEWAY MOUNTAIN PARK WHEREAS, the City of Fort Collins is the owner of the house located within the Gateway Mountain Park and designated as 5212 Poudre Canyon, Bellevue, Colorado (the "House"); and WHEREAS, the City desires to employ a Natural Areas and Trails Ranger - Gateway Mountain Park(the"Ranger"),and the person employed in that position would be required to reside at the House and provide security,maintenance,and various ranger duties at the Gateway Mountain Park; and WHEREAS,pursuant to Section 23-111 of the Code of the City of Fort Collins,the Council is authorized to lease any and all interests in real property owned in the name of the City,provided that Council first finds that the lease is in the best interests of the City; and WHEREAS, the City desires to enter into a month-to-month tenancy agreement with the person hired as the Ranger so that the obligations of the employee and the City with respect to the employee's residency in the House are fully understood by each. . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the proposed lease of the House upon the terms of the tenancy agreement is in the best interests of the City. Section 2. That the City Manager is hereby authorized to enter into a tenancy agreement for the House under the terms and conditions of that certain tenancy agreement form entitled "Gateway Mountain Park Tenancy Agreement" which is on file in the office of the City Clerk, subject to such modifications in form or substance as the City Manager,in consultation with the City Attorney,may deem necessary to effectuate the purposes of this Ordinance or to protect the interests of the City. Introduced, considered favorably on first reading, and ordered published this 6th day of March, 2001, and to be presented for final passage on the 20th day of March, A.D. 2001. Mayor ATTEST: . City Clerk Passed and adopted on final reading this 20th day of March, A.D. 2001. Mayor ATTEST: City Clerk • GATEWAY MOUNTAIN PARK DRAFr TENANCY AGREEMENT THIS TENANCY AGREEMENT, made and entered into this_day of 2001, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the"City", and hereinafter referred to as the "Employee". WTTNESSETH: WHEREAS, the Employee desires to accept employment with the City as a classified employee in the position of Natural Areas and Trails Ranger-Gateway Mountain Park("Ranger") in the Parks Division; and WHEREAS, the position of Ranger requires that the Employee establish and maintain occupancy and principal residence at 5212 Poudre Canyon, Bellevue, Colorado 80512, a City- owned,unfurnished house with attached garage,located in Gateway Mountain Park("House");and WHEREAS, the parties desire to enter into this Tenancy Agreement to ensure that the obligations of the parties with respect to residence expectations are fully understood by each. • NOW, THEREFORE, in consideration of the mutual covenants and obligations set forth herein, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Occupancy and Rent. Upon accepting the position of Ranger with the City of Fort Collins Parks Department, the Employee shall principally reside in and occupy the House on a full-time basis as a requisite of the position of Ranger. In lieu of the payment of rent to the City, the Employee shall perform those duties set forth in the Ranger position job description attached hereto as Exhibit A, and as subsequently modified at the sole discretion of the City. 2. Term. The term of the tenancy shall be month to month, commencing on . The notice requirement to terminate the month to month tenancy shall be not less than 20 days instead of the statutorily designated 10 days. The City may choose to terminate the tenancy with or without cause and for any or no reason. Without limiting the circumstances or reasons under which the City may choose to terminate the tenancy,the Employee understands and agrees that the City will terminate the tenancy under any of the following situations: A. The Employee's employment in the position of Ranger ends for whatever reason. B. The position of Ranger is modified such that the position no longer requires the Employee's residency and occupancy of the House. The City reserves the right in its complete and sole discretion to modify the Ranger position such that the position no longer • 1 requires or allows for the Employee's residence and occupancy of the House. C. The Employee is unable or unwilling to perform the essential functions of the Ranger position for whatever reason. 3. Security Deposit. At the time of establishing occupancy,the Employee shall provide to the City a security deposit in an amount determined by the City, but not to exceed the amount of $500.00, to ensure against damage, non-payment of utilities, and other breaches of this Tenancy Agreement. The City shall account for and refund the unused portion of the security deposit within 60 days of the termination of the tenancy or surrender and acceptance of the premises, whichever last occurs. The City is not required to pay interest on the amount of the security deposit to the Employee. Additionally, the City may make deductions from the Employee's pay if the House is not left in the condition in which it was found,ordinary wear and tear excepted,or if utilities are not paid. 4. Utilities. The Employee shall arrange within three business days after occupancy for billing to the Employee and be responsible for the payment of all utilities,including,but not limited to water, electricity, sewer, telephone, gas, trash, and cable tv. 5. Use of the House and Pets. The House is intended to be a one family residence. The Employee will not allow any use of the House other than as a one family residence. The Employee will not allow any business to be conducted in the House or surrounding premsise. The Employee will not be allowed to have pets at the House or within the Gateway Mountain Park unless written permission is granted by the City. The Tenant shall not sublet or assign any part of the premises or House, nor shall the Employee board any person or pet at the House or in the Gateway Mountain Park. The Employee will not have a right to personal use of any structures other than the House with its attached garage. 6. Repair and Maintenance. A. The City shall be responsible for the following maintenance during this tenancy except for damage caused by the Employee, the Employee's family and guests: 1. Repairs to the exterior of the premises. 2. Repairs to sewers, heating, all appliances provided by the City, wiring, and plumbing facilities. 3. Repairs to all common areas, doors, locks, windows, and floors. 4. Painting when necessary. B. The Employee shall: 1. Keep the House and surrounding premises in good repair and in a clean and sanitary condition. 2. Make no alteration,repairs or redecoration of any kind to the House without 2 . first obtaining written permission from the City. The Employee shall be financially responsible for any improvements made without the written permission of the City. Labor to improve or maintain the House is not reimbursable beyond the Employee's normal salary without written permission from the City. 3. Pay for any damages to the House, the appliances and fixtures therein, and the surrounding premises caused by an act of the Employee or member of the Employee's family or guests, except for ordinary wear and tear. 7. Right of Access. The City or its agent shall have the right to enter the House to inspect it at any reasonable time together with the right to show the property to a new or prospective employee/tenant if notice is given to the Employee at least 24 hours in advance. Shorter notice shall be allowed if mutually agreed on by the City and the Employee. Additionally,the City may make entry at any time without notice if the City reasonably believes that an emergency exists, such as a fire or broken water pipe, which requires immediate action to mitigate damage to City property. 8. Surrender of the House. A. Upon termination of the tenancy,the Employee shall surrender the House in as good a state and condition as it was at the time of commencement of the tenancy,reasonable wear and tear excepted.The Employee agrees to be responsible and to reimburse the City for any repairs to the House required due to the Employee's occupancy of the House. In the event • that the Employee fails to surrender possession of the House at the end of the Employee's tenancy,then the Employee shall pay to the City the sum of$50.00 per day for each day the Employee fails to surrender possession. Acceptance of such payment shall not constitute an election by the City not to terminate the tenancy and the Employee shall surrender possession as required by this Tenancy Agreement. The City may make deductions from the Employee's pay if the Employee does not pay the above amount upon billing. In addition to all other remedies available to the City,the City may take employment disciplinary action, up to an including termination of employment, against the Employee for the Employee's failure to surrender possession of the House in a timely manner. B. The Employee shall remove all personal property or improvements not owned by the City. If the Employee fails to remove said personal property before vacating the House,the Employee hereby grants the City the absolute right to keep, convey, destroy, or otherwise dispose of the property in any manner the City chooses,and in addition,the Employee agrees to pay any net costs incurred by the City in so doing, within 10 days of receipt of the City's statement of costs therefore. 9. Default. If any default is made in the performance of or compliance with any term, provision or condition hereof, this Tenancy, at the option of the City, shall be terminated and forfeited,and the City may reenter the House and remove all persons therefrom. The Employee shall be given written notice of any default or breach of the provisions of this Tenancy Agreement and termination and forfeiture of the tenancy shall not result pursuant to this paragraph if,within 5 days • 3 after receipt of such notice, the Employee has corrected the default or breach or has taken action reasonably likely to affect such correction within a reasonable time. 10. Non-Liability of the City. The City shall have no liability for damage to the property of the Employee,or the Employee's family or guests,caused by fire,water,or other casualty,whether or not such casualty was caused by the City's negligence or otherwise. The Employee is encouraged to obtain, at his/her own cost, renter's insurance. 11. Inspection of the House. Before occupancy,the City and the Employee shall inspect the House,its contents,and surrounding premises for existing damage,defects,and necessary cleaning. The written results of the inspection shall be attached and made a part of this Tenancy Agreement. After vacating the House, the City and the Employee shall inspect the House and surrounding premises to establish the condition of the House, its contents, and premises. 12. Dangerous Materials. The Employee shall not keep or have in the House or surrounding premises any article, item or thing of a dangerous, inflammable or explosive character that might unreasonably increase the danger of fire to the House or surrounding premises or that might be considered hazardous or extra hazardous by any responsible insurance company, or that may be subject to special handling or management requirements of federal, state or local laws. 13. Notices. Any notice by either party to the other shall be in writing and shall be deemed to be duly given if delivered personally, or mailed by certified mail in a postage prepaid envelope addressed to the parties as follows: Employee: 5212 Poudre Canyon Bellevue, Colorado 80512 City: City of Fort Collins Attention: Parks Division P.O. Box 580 Fort Collins, Colorado 80522 14. Authority of City Manager. The City Manager or his/her designee shall act on behalf of the City in the exercise of any discretion or in taking any action by the City under this Tenancy Agreement. 15. Other Conditions of this Tenancy Agreement. It is further agreed by and between the City and the Employee as follows: A. That each and every requirement or condition of this Tenancy Agreement is material and failure to comply therewith shall constitute default hereunder. B. That this Tenancy Agreement may not be enlarged, modified, or altered, except as 4 . in writing, signed by all parties as an amendment thereto. C. That no waiver of any breach of this Tenancy Agreement shall be held or construed to be a waiver of any subsequent breach thereof. D. That it is expressly understood and agreed by the parties hereto that in the performance of the obligations provided for in this Tenancy Agreement, time is of the essence. E. That if either party must resort to legal action to enforce the terms of this Tenancy Agreement,the prevailing party shall be awarded reasonable attorney fees in addition to any other damages or costs. IN WITNESS WHEREOF,the parties hereto have signed this Tenancy Agreement the day and year first written above. EMPLOYEE: • CITY OF FORT COLLINS, COLORADO, a Municipal Corporation By: City Manager ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney • 5