HomeMy WebLinkAbout128 - 08/04/1998 - AN ORDINANCE APPROVING AND AUTHORIZING THE CITY TO ENTER INTO A SITE AGREEMENT BETWEEN THE CITY AND ORDINANCE NO. 128, 1998
AN ORDINANCE APPROVING AND AUTHORIZING THE CITY
TO ENTER INTO A SITE AGREEMENT BETWEEN THE CITY
AND FORT COLLINS CAPITAL LEASING CORPORATION,A
LEASE AGREEMENT BETWEEN THE CORPORATION AND
THE CITY, A PARKING STRUCTURE LICENSE AGREEMENT
BETWEEN THE CITY AND LARIMER COUNTY, COLORADO,
A FINANCIAL GUARANTY AGREEMENT BETWEEN THE
CITY AND MBIA INSURANCE CORPORATION AND A
CERTIFICATE PURCHASE AGREEMENT AMONG THE
CORPORATION,THE CITY AND GEORGE K. BAUM&
COMPANY AND APPROVING A TRUST INDENTURE
BETWEEN THE CORPORATION AND THE BANK OF CHERRY
CREEK,N.A., AS TRUSTEE,A LEASEHOLD DEED OF TRUST
FROM THE CORPORATION TO THE PUBLIC TRUSTEE OF
LARIMER COUNTY FOR THE BENEFIT OF THE TRUSTEE
AND A PRELIMINARY OFFICIAL STATEMENT RELATING TO
CERTAIN LEASE CERTIFICATES OF PARTICIPATION
WHEREAS, the City of Fort Collins, Colorado (the "City"), has need for and desires to
provide certain real and personal property for City purposes; and
WHEREAS, the City is authorized by Colo. Const. art. XX, § b, its home rule charter and
Section 23-114 of the City code to lease City property; and
WHEREAS, the City is authorized by Colo. Const. art. XX, § b, its home rule charter and
part 8 of article 15 of title 31,Colorado Revised Statutes,as amended(the"Act"),to enter into rental
or leasehold agreements in order to provide necessary land,buildings,equipment and other property
for governmental or proprietary purposes,and such agreements may include options to purchase and
acquire title to such leased or rented property; and
WHEREAS,Fort Collins Capital Leasing Corporation,a Colorado nonprofit corporation(the
"Corporation"), has offered to lease certain real property from the City pursuant to the Site
Agreement,dated as of August 1, 1998(the"Site Agreement"),between the City,as lessor,and the
Corporation,as lessee, and lease such property and improvements thereto back to the City under a
Lease Agreement,dated as of August 1, 1998(the"Lease"),between the Corporation,as lessor,and
the City,as lessee; and
WHEREAS, the Lease does not constitute a "multiple-fiscal year direct or indirect debt or
other financial obligation" of the City within the meaning of art.X, §24(4)(b)and may therefore be
entered into without voter approval; and
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WHEREAS,the Corporation proposes to acquire its interest in such property for lease to the
City and to acquire, construct and install improvements thereto with the proceeds of Lease
Certificates of Participation(Civic Center Facilities Project), Series 1998,dated August 1, 1998,in
the aggregate principal amount of $17,210,000 (the "Certificates") evidencing assignments of
proportionate interests in its right to receive rental payments under the Lease; and
WHEREAS, in order to provide security for the payment of the principal of and interest on
the Certificates the Corporation proposes to assign its interest in the leased property and its right to
receive rental payments under the Lease to The Bank of Cherry Creek, N.A., as trustee (the
"Trustee"), under a Leasehold Deed of Trust, Assignment of Rents, Security Agreement and
Financing Statement, dated as of August 1, 1998 (the "Deed of Trust"), between the Corporation,
as grantor, and the Public Trustee of Larimer County, as grantee, for the benefit of the Trustee, as
beneficiary, and a Trust Indenture, dated as of August 1, 1998 (the "Indenture"), between the
Corporation, as grantor, and the Trustee, as trustee; and
WHEREAS, the Ieased property includes a parking structure in which Larimer County,
Colorado(the"County"),will acquire an interest pursuant to a Parking Structure License Agreement,
dated as of August 1, 1998 (the "License Agreement"), between the City and the County; and
WHEREAS,MBIA Insurance Corporation(the"Certificate Insurer")has offered to provide
a debt service reserve surety bond in lieu of a cash reserve otherwise required as security for the
Certificates pursuant to a Financial Guaranty Agreement,dated as of August 1, 1998(the"Financial
Guaranty Agreement"), between the City and the Certificate Insurer; and
WHEREAS,George K.Baum&Company and A.G.Edwards&Sons,Inc.(collectively,the
"Underwriters") have made a public offering of the Certificates under a Preliminary Official
Statement, dated July 22, 1998, relating thereto (the "Preliminary Official Statement") and have
offered to purchase the Certificates under a Certificate Purchase Agreement,dated July 29,1998(the
"Purchase Agreement"), among the Corporation,the City and the Underwriters; and
WHEREAS the forms of the Site Agreement,the Lease,the Deed of Trust,the Indenture,the
License Agreement,the Financial Guaranty Agreement,the Preliminary Official Statement and the
Purchase Agreement have been filed with the City Clerk.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS,
COLORADO:
1. The forms of the Site Agreement, the Lease, the Deed of Trust, the Indenture, the
License Agreement,the Financial Guaranty Agreement,the Preliminary Official Statement and the
Purchase Agreement are hereby approved,together with any revisions thereto as may be considered
necessary or desirable by the Financial Officer in consultation with the City Attorney.
2. The City Council (the "Council") hereby finds that the lease of the leased property
as provided in the Lease is in the best interests of the City. In addition,the determinations set forth
in Section 6.5 of the Lease are incorporated herein by this reference as if set forth in full herein.
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3. The Mayor and the City Clerk are hereby authorized and directed to execute the Site
Agreement, the Lease, the License Agreement, the Financial Guaranty Agreement and any other
document which in the opinion of the City Attorney is necessary to effect the transaction
contemplated thereby and not inconsistent therewith. The City Manager is hereby authorized to
accept the Purchase Agreement on behalf of the City immediately following the marketing of the
Certificates and prior to final adoption of this Ordinance, but the Purchase Agreement shall not
become effective according to the terms thereof until the effective date of this Ordinance.
4. The City hereby waives any available defense of governmental immunity from
liability in tort for any failure to surrender possession of the leased property as provided in the Lease.
5. If any section,paragraph,clause or provision of this Ordinance shall for any reason
be held to be invalid or unenforceable,the invalidity or unenforceability of such section,paragraph,
clause or provision shall not affect any of the remaining provisions of this Ordinance.
6. All action not inconsistent with the provisions of this Ordinance heretofore taken by
the City or its officers,and otherwise by the City directed toward the completion of the transactions
described herein is hereby ratified, approved and confirmed.
7. All ordinances, resolutions and orders, or parts thereof, of the City inconsistent
herewith and with the documents approved hereby are hereby repealed to the extent only of such
inconsistency. This repealer shall not be construed as reviving any ordinance,resolution or order,
or part thereof.
8. Any inconsistency between the provisions of this Ordinance and those of the Act is
intended by the Council. To the extent of any such inconsistency the provisions of this Ordinance
shall be deemed made pursuant to the home rule charter of the City and shall supersede to the extent
permitted by law the conflicting provisions of the Act.
Introduced,considered favorably on first reading,and ordered published by number and title
only this 21st day of July, 1998.
CITY OF FO LINS, COLO
(SEAL) BY:
Mayor
ATTEST:
City Clerk
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Read, amended, finally passed as amended on second reading and ordered published by
number and title only this 4th day of August, 1998.
CITY OF FORT CO , COLORA
(SEAL) By:
r
ATTEST:
City Clerk