HomeMy WebLinkAbout022 - 02/21/2017 - AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH THE LANDOWNERS ASSOCIATION FOR PHA (2) ORDINANCE NO. 022, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE
AGREEMENT WITH THE LANDOWNERS ASSOCIATION FOR
PHANTOM CANYON RANCHES FOR RECREATIONAL USE OF
HALLIGAN RESERVOIR AND CERTAIN SURROUNDING LANDS
WHEREAS, Halligan Reservoir, also known as North Poudre Reservoir No. 16
("Reservoir") is an on-channel reservoir located on the North Fork of the Cache la Poudre River,
in portions of Section 29, 32, 33, and 34, Township 11 North, Range 71 West of the 6th P.M.,
Larimer County, Colorado; and
WHEREAS, the City acquired various rights to the Reservoir and certain surrounding
lands ("Property") pursuant to: the Warranty Deed, dated January 22, 2004, recorded with the
Larimer County Clerk on January 26, 2004 at Reception No. 2004-0007821; and the Bargain and
Sale Deed, dated January 22, 2004, recorded with the Larimer County Clerk on January 26, 2004
at Reception No. 2004-0007822; and
WHEREAS, The Landowners' Association for Phantom Canyon Ranches
("Association"), is an organization, the members of which own an interest in one or more of the
parcels of the Phantom Canyon Ranches in the vicinity of the Reservoir; and
WHEREAS, the City's predecessor-in-interest to the Reservoir and Property historically
leased certain recreational rights to the Reservoir and the Property to the Association and its
predecessor, and the Association desires to continue to have access to the Reservoir and Property
for recreational purposes; and
WHEREAS, the City desires access to the Reservoir using the Association's Meadow
Creek Road for certain purposes, such as: conducting studies required for the permitting process
by the U.S. Army Corps of Engineers or other federal, state, or local agencies associated with the
City's proposed enlargement of the Reservoir; for maintenance and safety inspections of the
Halligan Dam; for regulatory compliance,"and for water quality studies; and
WHEREAS, the City and the Association has negotiated the proposed Lease Agreement
attached hereto as Exhibit "A", pursuant to which the City would lease to the Association certain
recreational rights to the Reservoir and the Property, and the City would gain certain rights to
access to the Reservoir using the Association's Meadow Creek Road for certain purposes; and
WHEREAS, said Lease Agreement will benefit the City by, among other things, gaining
certain rights to access to the Reservoir using the Association's Meadow Creek Road for certain
purposes; assisting in the maintenance of the Reservoir and Property, facilitating certain aspects
of the federal permitting process for the City's Halligan Water Supply Project, and generating a
revenue stream from the Reservoir and Property; and
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WHEREAS, the City Manager and City staff have recommended to the City Council that
it approve the Agreement as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council finds, pursuant to Sections 23-111(a), 23-113(a),
and 23-113(b) of the City Code, that the lease of the Reservoir and Property pursuant to an
agreement that is substantially similar to the attached Lease Agreement is in the best interests of
the City.
Section 3. That the City Council finds, pursuant to Sections 23-111(b) and 23-113(a)
of the City Code, that the lease of the Reservoir and Property pursuant to an agreement that is
substantially similar to the attached Lease Agreement will not materially impair the viability of
the water utility system as a whole and that it will be for the benefit of the citizens of the City.
Section 4. That the City Council finds, pursuant to Section 23-114 of the City Code,
that the lease of the Reservoir and Property pursuant to an agreement that is substantially similar
to the attached Lease Agreement will result in the City receiving a value in an amount equal to or
greater than the fair market value of the Property.
Section 5. That the City Council hereby authorizes the City Manager to enter into an
agreement with the Association that is substantially similar to the attached Lease Agreement,
with such additional terms and conditions as the City Manager, in consultation with the City
Attorney, may determine to be necessary and appropriate to protect the interests of the City or
effectuate the purposes of this Ordinance.
Introduced, considered favorably on first reading, and ordered published this 7th day of
February, A.D. 2017, and to be presented for final passage on the 21st day of February, A.D.
2017.
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ayor
ATTEST: •°
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City Clerk
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Passed and adopted on final reading on the 21 st day of February, A.D.-2017.
Mayor
ATTEST:
FORT co��
City Clerk SEMI.
COLOR P4°
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EXHIBIT A
LEASE AGREEMENT BETWEEN THE CITY OF FORT COLLINS
AND THE LANDOWNERS ASSOCATION FOR PHANTOM CANYON RANCHES
FOR HALLIGAN RESERVOIR AND ADJACENT PROPERTY
This Lease Agreement (this "Lease Agreement") is entered into this _ day of ,
20_, by and between the following Parties: the City of Fort Collins, Colorado, a municipal
corporation (the "City"), and The Landowners' Association for Phantom Canyon Ranches, a
Colorado nonprofit corporation (the "Association").
RECITALS
A. Halligan Reservoir, also known as North Poudre Reservoir No. 16 (the
"Reservoir") is an on-channel reservoir located on the North Fork of the Cache la Poudre River,
in portions of Section 29, 32, 33, and 34, Township 11 North, Range 71 West of the 6`' P.M.,
Larimer County, Colorado. The visible portions of the Reservoir's dam and spillway are located
in the NE1/4 of the SW1/4 of Section 34, Township l I North, Range 71 West of the 6`h P.M.
(the "Dam and Spillway").
B. The North Poudre Irrigation Company ("North Poudre") historically owned and
operated the Reservoir and owned the real property described in Recital D (the "Property").
North Poudre also historically leased recreational rights to the Reservoir and the Property to the
Association and its predecessor.
C. The City acquired various rights to the Reservoir and surrounding lands from
North Poudre pursuant to: the Warranty Deed, dated January 22, 2004, recorded with the
Latimer County Clerk on January 26, 2004 at Reception'No. 2004-0007821; and the Bargain and
Sale Deed, dated January 22, 2004, recorded with the Larmer County Clerk on January 26, 2004
at Reception No. 2004-0007822.
D. Pursuant to said Warranty Deed, the City acquired the following lands in
Township 11 North, Range 71 West of the 61h P.M.:
Section 32: The N1/2 of the NE1/4;
Section 33: The N 1/2; the NI/2 of the S E 1 l4 and the N 1/2'of the
SW 1/4;
Section 34: The N 1/2 of the NE 1/4; the S W 1./4 of the NE 1/4; the
NW 1/4 of the SE 1 A and the SW 1/4; -
Excepting from all of the above that portion lying above the 110 foot contour of
Halligan Reservoir as conveyed by Deed recorded January 9, 1913 in.Book 242 at
Page 355.
E. The Association is an organization, the members of which own an interest in one
or more of the parcels of the Phantom Canyon Ranches (the "Members"). A map'of the.Phantom
Canyon Ranches is attached hereto as Exhibit "A" and incorporated herein by reference (the
Page 1 of 11
"Map"). The Map shows the parcels within Phantom Canyon Ranches ("Parcels") and the Roads
that provide access to the Parcels and the Reservoir (the "Roads"). Easements for the Roads
were created by a Declaration of Easements dated December 30, 1988 and recorded January 31,
1989 with the Larimer County Clerk at Reception No. 89004600 (the "Declaration of
Easements"). The Declaration of Easements and the Second Amended and Restated Declaration
of Covenants, Conditions and Restrictions for Phantom Canyon Ranches recorded June 8, 2009
with the Larimer County Clerk at Reception No. 20090037601 of the Larimer County, Colorado
records (the "Covenants") apply to use of Meadow Creek Road (from Larimer County Road 80C
to Halligan Reservoir, as highlighted in yellow on the Map) and rights granted under this Lease
Agreement. The Association and its Members have historically shown a commitment to the
preservation of the. land. For instance, many of the Parcels are subject to conservation
easements, and the Association has historically cared for the Reservoir and preserved and
enhanced the habitat of the Property and the surrounding lands owned by the Association.
F. The City intends to enlarge the Reservoir from its current capacity of
approximately of approximately 6,408 acre feet to, among other things, meet the projected future
demand of lands and persons that receive water service from the City (the "Project"). Presently,
the City anticipates enlarging the Reservoir to approximately 14,525 acre feet. The City has
applied to the United States Army Corps of Engineers for a permit (the "Permit") under Section
404 of the federal Clean Water Act for the Project (the"Permitting Process").
G. The City desires to lease the Property and Reservoir to the Association, which
will benefit the City (including Fort Collins Utilities) by, among other things, assisting in the
maintenance of the Reservoir and Property, facilitating the Permitting Process, and generating a
revenue stream from the Property and Reservoir.
H. , The Association desires to acquire rights to use the Reservoir and Property,
primarily for recreational purposes.
1. The City desires to use. Meadow Creek Road to obtain access to Halligan
Reservoir and the Property and the Association is willing to grant to the City the right to use
Meadow Creek Road subject to the terms and conditions of Section 4(c) for this Lease
Agreement.
AGREEMENT AND UNDERSTANDING
1. INCORPORATION OF RECITALS. The foregoing recitals are hereby
incorporated herein as if fully restated in their entirety.
2. LEASE OF THE PROPERTY AND RESERVOIR. The City hereby grants an
exclusive lease to the Association for the Property and Reservoir, subject to the terms and
conditions of this Lease Agreement including, by example and not limitation, the City's reserved
rights as set forth in Paragraph 4.
3. TERMS AND CONDITIONS ON USE OF THE PROPERTY AND
RESERVOIR.
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a. The Association acknowledges that the .Property and Reservoir are being
taken "as is" under this Lease Agreement. The City makes no warranties as to the suitability of
the Property for the Association's intended activities.
b. The Property may be used by the Association, its Members, their guests,
and invitees for recreational purposes, including, by example and not limitation, hunting, hiking,
and horseback riding. In addition, the Association may use the Property .for livestock grazing
and related activities.
C. The Reservoir may be used by the Association, its Members, their guests,
and invitees for recreational purposes only, including, by way of example and not limitation,
fishing, boating, canoeing, sailing, and swimming.
d. Use of the Reservoir and the Property by the Association, its Members,
their guests, and invitees shall comply with and shall not be in violation of any applicable laws,
regulations or ordinances of the United States of America, State of Colorado, County of Larimer,
the City, and any other governmental entity having jurisdiction over the Reservoir and/or the
Property including, by example and not limitation, rules and regulations pertaining to hunting,
fishing, boating safety.
e. The Association shall not install any permanent fixtures or improvements
on the Property.
f. The Dam and Spillway are located near the southeast corner of the
Reservoir in the channel of the North Fork of the Cache la Poudre River. The Association agrees
to act in good faith and use reasonable efforts to prohibit any recreational activity in the
immediate vicinity of the Dam and Spillway. The Association shall adopt rules and regulations
and post appropriate signs and notices prohibiting swimming, boating, sailing, canoeing, fishing,
or conducting any other activity near the Dam and Spillway.
g. To the extent allowed by law, the Association shall have the right, but not
the obligation, to prohibit any and all persons from entering upon the Property and/or Reservoir
for any reason; provided, however that the Association shall not act in any way that inhibits the
City's reserved rights as set forth in Paragraph 4.
4. RESERVED RIGHTS OF THE CITY. The City hereby reserves the following
rights to the Property and Reservoir for itself, its employees, agents, and contractors, and persons
and entities working on the Permitting Process or the Project:
a. The City shall be entitled to use and operate the Reservoir as a water
storage reservoir including, but not limited to,maintenance, repair, and operation of the Dam and
Spillway, and fluctuation of the water level in the Reservoir. The Parties expressly acknowledge
that the City has retained and may continue to retain North Poudre, (and/or another entity) to
operate the Reservoir and associated property pursuant to various service agreements.
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b. The City shall be entitled to enter the Property and the Reservoir by roads
other than Meadow Creek Road, Andrews Park Road, Jackson Park Road, or Three.Corner Gate
Road for the following purposes:
i. Any and all purposes associated with the Permitting Process and other
processes associated with the enlargement of the Reservoir including, but. not limited to,
investigations and studies performed by the City and relevant governmental agencies and their ,
employees and agents (such as, by way of example and not limitation, the United States Army
Corps of Engineers, Larimer County, Colorado Parks and Wildlife, and the Colorado Water
Conservation Board).
ii. Any and all purposes associated with legal and regulatory compliance
including, but not limited to, dam safety inspections, water quality monitoring and compliance,
and water rights administration.
iii. For site visits for the purposes of providing information to City employees
and officials, governmental representatives, and members of the public.
iv. For purposes, of confirming that the Association is complying with the
.Lease Agreement's terms.
C. The City shall have the right to' use Meadow Creek Road to enter the
Property and the Reservoir pursuant to the following terms and conditions:
i. Use of Meadow Creek Road by the City shall be limited to the
following purposes: for the purpose of conducting studies required for the Permitting Process by
the U.S. Army Corps of Engineers or other federal, state, or local agencies; for maintenance and
safety inspections of the Halligan.Dam; for regulatory compliance, and for water quality studies.
ii. The City shall notify the Association President and Association's
caretaker prior to each use of Meadow Creek Road. Notification may be given by phone call,
email, or in writing.
iii. Any use of Meadow Creek Road by City for purposes other than
those listed in Section 4(c)(i) shall be allowed at the sole. and absolute discretion of the
Association. The City shall provide a request to the Association to use Meadow Creek Road for
purposes other than those listed in Section 4(c)(i) in writing five (5) days in advance of desired
date of use of the Meadow Creek Road.
iv. A City employee shall be present for any use of Meadow Creek
Road by any City agent(s) and contractors, and persons and entities working on the Permitting
Process or the Project.
V. Use of Meadow Creek Road is subject to the Declaration of
Easements, the Covenants, and the Rules and Regulations of the Association.
Page 4 of 11
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vi. The City may not make any improvements to Meadow Creek Road
without the prior written consent of the Association, "which consent may be granted or withheld
in the sole and absolute discretion of the Association. The City, at its sole cost and expense,
shall repair any damage to the Meadow Creek Road caused by or resulting from use of Meadow
Creek Road by the City, its agents, employees, or contractors. In the event the City fails to repair
any damage done to the Meadow Creek Road, the Association shall give to the City written
notice of the required repairs and if such repairs are not completed by the City within thirty (30)
days after notice of the required repairs is given to the City, the Association shall have the right
to perform such repair work and shall be entitled to reimbursement from the City for all costs
and expenses incurred by the Association in performing such repair work upon demand, together
with interest on such amounts at the rate of 12% per annum from the date incurred by the
Association until repaid by the City.
vii. The City shall be deemed to have accepted Meadow Creek Road in
its present condition, as is, where is, with all faults, patent and latent, without any representations
or warranties whatsoever by the Association, its agents or employees. The City assumes all risks
associated with use of Meadow Creek Road. The City acknowledges that neither the Association
nor any of Association's agents have made any representations or warranties whatsoever
regarding Meadow Creek Road. The City assumes all risk that any adverse matter of whatever
kind or nature including, but not limited to the physical condition of Meadow Creek Road may
arise in the future. The Association shall have no obligation to the City to maintain Meadow
Creek Road in its present condition or to improve Meadow Creek Road for the City's use.
viii. To the extent permitted by law and without waiving its right to
governmental immunity, the City shall be deemed to have released the Association, its officers,
directors, members, agents and employees and their respective heirs, personal representatives,
successors and assigns (the "Released/Indemnified Parties") from and against any and all claims,
demands, actions, suits, and proceedings of whatever kind or nature that the City may now have
or may have at any time in the future arising out of or as a result of the present or any future
condition of Meadow Creek Road or the use of Meadow Creek Road by the City, its agents or
employees.
ix. To the extent permitted by law and without waiving its right to
governmental immunity, The City shall defend, indemnify and hold harmless the
Released/Indemnified Parties from and against any and all loss, cost, and expense including
attorneys' fees arising out of, as a result of, or in connection with any claim made against the
Released/Indemnified Parties as a result of the use or misuse of the of Meadow Creek Road by
the City, its agents, employees, contractors or any other person or entity using Meadow Creek
Road with the express or implied authorization, permission, or consent of the City. To the extent
permitted by law and without waiving its right to governmental immunity, The City shall also
defend, indemnify and hold harmless the Released/Indemnified Parties and the property upon
which Meadow Creek Road is located from and against any and all loss, cost,' and expense
including attorneys' fees arising out of, as a result of, or in connection with any claim made
against the Released/Indemnified Parties as a result of the any work performed on Meadow
Creek Road by the City, its agents, employees, contractors, including but not limited to
mechanic's lien claims.
Page 5ofII
5. TERM. The initial term of this Lease Agreement shall be ten (10) years
commencing on the date at which this Lease Agreement is fully executed (the "Initial Term").
So long as the Association is current and not in default in the performance of any of the
Association's obligations under this Lease Agreement (or has cured any default as of the time
notice is given), the-Association shall have the right to extend the term of this Lease Agreement
for two (2) additional periods of ten (10) years each upon the same terms and conditions as
contained in this Lease Agreement ("Extension Terms]"). If the Association elects to exercise
the Association's option to extend the term of this Lease Agreement for one or more Extension
Terms, the Association shall do so by giving the City written notice of such extension not less
than sixty(60) days prior to the expiration of the Initial Term of this Lease Agreement or prior to
the expiration of the previous Extension Term. If the Association gives such notice, the term of
this Lease Agreement shall be automatically extended for the additional period of each Extension
Term without the necessity of executing any extension or renewal agreement. Notwithstanding
the foregoing, this Lease Agreement may be terminated pursuant to Paragraph 6.
6. TERMINATION. The City shall have the right to terminate this Lease
Agreement any time after any of the following conditions have occurred:
a. The United States Army Corps of Engineers has issued a record of
decision approving the Permit and the City has issued a notice to the Association that the City
intends to commence construction of the Project within ninety (90) days thereafter; or
b. The City determines, in its sole discretion, to no longer pursue the
enlargement of the Reservoir and abandons the Permitting Process and re-conveys the Property
and the Reservoir to North Poudre.
Notice of Termination shall be given pursuant to Paragraph 17. Any notice of
termination shall provide the Association with a date by which the Association shall cease to
have rights to the Property and Reservoir under this Lease Agreement, provided that said date is
at least 63 days after the date of the notice ("Termination Date"). The City shall be entitled to
record a notice of the termination in the Larimer County property records.
Upon termination of this Lease Agreement, the City shall reimburse to the Association a
prorated portion of the annual rental payment paid in the year in which termination occurs for
that portion of the year when the Lease Agreement is no longer in effect. Reimbursement shall
be calculated by dividing the number of calendar days between the date of termination and the
date the current lease year was to conclude by 365 multiplied by the annual rent as set forth in
Section 8.
7. REVOCABLE PERMIT. Upon the execution of this Lease Agreement by the
Parties, the "Revocable Permit for the Landowners' Association for Phantom Canyon Ranches
on Certain City Lands in and Around Halligan Reservoir" dated June 1, 2016 ("Revocable
Permit"), shall be deemed revoked and terminated and both Parties shall be released from their
respective obligations thereunder.
Page 6 of I I
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8. Rent. During the Initial Term of this Lease Agreement, the annual rent ("Annual
Rent") shall be $10,000.00 per year payable on or before the month and clay on which this Lease
Agreement is fully executed.
a. Initial Pa, moment.: Until the Lease Agreement is executed, the Association
may at their sole discretion continue to make monthly payments prescribed by the Revocable
Permit described in Section 7. The annual rent payment made in the first year of the Initial
Term shall deduct any payments received under the terms of the Revocable Permit, such that the
total payment in the first year of the Initial Term under both the Lease Agreement and Revocable
Permit shall not exceed $10,000.00.
b. Rent Adiustments. If the Association exercises its right to extend the
Term of this Lease Agreement for one or,both Extension Terms, the Annual Rent shall be
adjusted at the commencement of each Extension Term to reflect changes in the "Price Index" as
hereinafter defined. The adjusted Annual Rent shall hereinafter be referred to as the "Adjusted
Annual Rent." In applying the rent adjustment formula, the following definitions shall apply:
i. "Bureau" shall mean the Bureau of Labor Statistics of the United
States Department of Labor or any successor agency that shall issue the Price index referred to
herein. Should the Bureau discontinue the publication of the Price Index or publish the same less
frequently or alter the same in some significant respect, the.City shall adopt a substitute Price
Index or substitute procedure which reasonably reflects and monitors consumer prices.
ii. "Price Index" shall mean the Consumer Price Index published by
the Bureau for All Urban Consumers (CPI-U) for the Denver-Boulder-Greeley, Colorado
Metropolitan Area for All Items (Base Period 1982-84= 100).
iii. "Base Price Index" shall mean the Price Index for the first half of
2016, which was 245.191.
iv. _ "Revised Price Index" shall mean the Price Index for the first half
of 2026 and the first half of 2036.
The rent adjustment formula to be used to calculate the Adjusted Annual
Rent for each Extension Term is as follows:
Revised Price Index divided by Base Price Index times the Annual Rent equals
Adjusted Annual Rent.
9. INSURANCE. The Association must procure, pay for, and keep in full force and
effect during the term of this Lease Agreement a comprehensive policy of general liability
insurance insuring the Association in an amount not less than $1,000,000 covering bodily injury,
including death to persons, personal injury, and property damage liability arising out of a single
occurrence. Such coverage must include, without Iimitation, the insured's liability for property
damage, bodily injuries, and death of persons in connection with the Association's activities on
the Property and Reservoir (including acts or omissions of the Association or of its officers,
employees, or agents), and protection against liability for non-owned and hired automobiles. All
policies of insurance required hereunder must name the City as an additional insured, and shall
Page 7 of 11
contain a provision that the policy or policies cannot be canceled or materially altered either by
the insured or the insurance company until 15 days' prior written notice thereof is given to the
City. Upon issuance or renewal of any such insurance policy, the Association shall furnish a
certified copy or duplicate original of such policy or renewal thereof with proof of premium
payment to the City. In the event the Association fails or neglects to maintain the insurance
required by this paragraph, the City shall have the right, upon giving the Association reasonable
notice of its election to do so, to take out and maintain such insurance at the expense of the
Association, and in such event the cost of such insurance shall be paid for by the Association
promptly upon receipt of an invoice covering such charges.
10. INDEMNITY. The Association agrees to indemnify and hold harmless the City,
its officers, agents, employees, representatives, successors and assigns from all claims and
liability, including the City's reasonable attorneys' fees and costs, for claims resulting from or
arising out of the Association's use of the Property and Reservoir, and for any actions or
omissions by the Association in violation of this Lease Agreement or in violation of any
applicable law or regulation.
11. RECORDING. The Association shall record this Lease Agreement in the
Larimer County property records and shall provide the City with a copy of this Lease
Agreement, as recorded, as soon as practicable.
12. REMEDIES. If either Party fails to comply with the provisions of this Lease
Agreement, the other Party, after providing written notification to the noncomplying Party, and
upon the failure of the noncomplying Party to achieve compliance within thirty-five (35) days,
may seek all such remedies available under Colorado law.
13. FISCAL CONTINGENCY. Notwithstanding any other provision of this Lease
Agreement to the contrary, the obligations of the City in fiscal years after the fiscal year of this
Lease Agreement shall be subject to appropriation of funds sufficient and intended therefor, with
the City having the sole discretion to determine whether the subject funds are sufficient and
intended for use under this Lease Agreement, and the failure of the City to appropriate such
funds shall be grounds for termination of this Lease Agreement upon ninety one (91) days prior
written notice of the failure to appropriate such funds.
14. NO THIRD-PARTY BENEFICIARIES. This Lease Agreement is entered into
between the Parties for the purposes set forth herein. It is the intent of the parties that they are
the only beneficiaries of this Lease Agreement and the Parties are only benefitted to the extent
provided under the express terms and conditions of this Lease Agreement.
15. GOVERNING LAW AND ENFORCEABILITY. This Lease Agreement shall
be construed in accordance with the laws of the State of Colorado, insofar as any matter is not
regulated by applicable laws of the United States. The Parties recognize that the constitutions,
statutes, and rules and regulations of the State of Colorado and of the United States, as well as
the Parties' respective bylaws, city charters and codes, and rules and regulations, impose certain
legal constraints on each Party and that the Parties intend to carry out the terms and conditions of
this Agreement subject to those constraints. Whenever possible, each provision of this
Page 8 of 11
Agreement shall be interpreted in such a manner so as to be effective and valid under applicable
law.
16. WAIVER. A waiver of a breach of any of the provisions of this Lease
Agreement shall not constitute a waiver of any subsequent breach of the same or another
provision of this Lease Agreement.
17. NOTICES. All notices or other communications required or desired to be given
by one Party to the other Party under this Lease Agreement shall be sufficiently given and shall
be deemed given when personally delivered, or after the lapse of five (5) business days following
mailing by certified mail-return receipt requested, postage prepaid, addressed as follows:
To the City: City Manager
City Hall West
300 LaPorte Avenue; P.O. Box 580
Fort Collins, Colorado 80522-0580
With copy to: Fort Collins City Attorney's Office
and: Fort Collins Utilities
Attn: Water Resources Manager
700 Wood Street P.O. Box 580
Fort Collins, Colorado 80522-0580
To the Association: Registered agent on file with the
Colorado Secretary of State
18. CONSTRUCTION. This Lease Agreement shall be construed according to its
fair meaning as it was prepared by both Parties.
19. ENTIRE AGREEMENT. This Lease Agreement constitutes the entire
agreement of the Parties regarding the matters addressed herein. This Lease Agreement binds
and benefits the Parties and their respective successors. Covenants or representations not
contained in this Lease Agreement regarding the matters addressed herein shall not bind the
Parties.
20. CAPTIONS. The captions of the paragraphs of this Lease Agreement 'are for
convenience only and shall not govern or influence the interpretation of the Lease Agreement
21. REPRESENTATIONS. Each Party represents to the other Party that it has the
power and authority to enter into this Lease Agreement and the individual signing below on
behalf of that Party has the authority to execute this Lease Agreement on its behalf and legally
bind that Party.
[Remainder of Page Left Blank Intentionally]
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CITY OF FORT COLLINS, COLORADO, a
Colorado home rule city
By.
Darin A. Atteberry, City Manager
Date:
ATTEST:
By:
City Clerk
APPROVED AS TO LEGAL FORM:
By:
City Attorney's Office
J
n
Page 10 of 11
THE LANDOWNERS' ASSOCIATION FOR
PHANTOM CANYON RANCHES, a Colorado
nonprofit corporation
By. lzze:4��z
Brian Gray, Presir
STATE OF COLORADO
) ss.
COUNTY OF LARIMER
The foregoing instrument was acknowledged before me this O3Lj day of" , , 201�
by Brian Gray, as President of The Landowners' Association for Phantom Canyon anches, a
Colorado nonprofit corporation.
Witness my hand and official seal
My commission expires: ���2y(l�1 cl.
?CA P,
uN TA pq, Notary Pub is
NOTARY PUSUO•
STATE OF COLOnADO
NOTARY ID 20114073056
Mr COMMISSION EXPIRES NOVEMBER 29,2018
r
Page l l of 11
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SURVEY. SEPTDABER 17. 200a PHONE. (970)407-9220 FAX: (970)407-9244 EMAIL: pisOverinetcom
• 1
Account#: FTC-003160
FORT-COLLINS
Invoice Text
kJOLOPLO)W_ NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on I
NOTICE IS HEREBY GIVEN that the I STATE OF COLORADO )
Fort Collins City Council, on Tuesday,
February 7, 2017, passed and adopted )ss: AFFIDAVIT OF PUBLICATION
the fall"�ying ordinances on first )
reading. These ordinances will be pre-
sented for final passage on February 21,
2017:
ORDINANCE NO.021,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLI NS I,beingduly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that the same
AMENDING LAND USE CODE SEC-
TION 3.4.1,NATURAL is a daily newspaper of general circulation and printed and published in the City of Fort Collins, in said
HABITATS AND FEATURES
ORDINANCE NO.022,2017 county and state;that the notice or advertisement,of which the annexed is a true copy,has been published in
OF THE COUNCIL OF THE CITY OF said daily newspaper for
FORT COLLINS
AUTHORIZING THE CITY MANAGER
TO ENTER INTO A LEASE 1 Day;
AGREEMENT WITH THE LANDOWN-
ERS ASSOCIATION FOR
PHANTOM CANYON RANCHES FOR that the notice was published in the regular and entire issue of eve number of Said newspaper durin the
RECREATIONAL USE OF P g everyg
HAL.uGAN PESERVOIR ANo CER period and time of publication of said notice,and in the newspaper proper and not in a supplement thereof;
TAIN SURROUNDING LANDS that the First publication of said notice was contained in the issue of said newspaper on
ORDINANCE NO.023,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
ANNEXING PROPERTY KNOWN AS
THE RENNAT Sunday,February 12,2017
ANNEXATION TO THE CITY OF
FORT COLLINS,COLORADO
ORDINANCE NO,024,2017 that the last publication thereof was contained in the issue of said newspaper on
OF THE COUNCIL OF THE CITY OF
FORT COLLINS Sunda February 12,2017
AMENDING THE ZONING MAP OF y'
THE CITY OF FORT COLLINS
AND CLASSIFYING FOR ZONING that said Fort Collins Coloradoan has been published continuous) and uninterruptedly during the period of at
PURPOSES THE PROPERTY P y P y g
INCLUDED least six months next prior to the first publication of said notice or advertisement above referred to;that said
IN THE RENNAT ANNEXATION TO
THE CITY OF newspaper has been admitted to the United States mails as second-class matter under the provisions of the
FORT COLLINS,COLORADO,
AND APPROVING CORRESPONDING Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly
CHANGES TO THE SIGN DISTRICT
MAP qualified for publishing legal notices and advertisements within the meaning of the laws of the State of
ORDINANCE NO.025,2017 Colorado.
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING THE ZONING MAP OF
THE CITY OF FORT COLLINS BY
CHANGING THE ZONING CLASSIFI-
CATION FOR THAT CERTAIN n
PROPERTY KNOWN AS THE GATE-
WAY AT PROSPECT REZONING
AND MAKING CORRESPONDING Legal Clerk
CHANGES TO THE SIGN DISTRICT
MAP
The full text of these ordinances can be I
found ata hitp:e City Clerk's
Office at Subscribed and sworn to before me,within the County of Larimer,State of Colorado this
or by calling the City Clerk's Office at
970.221-6515. nzs:•
Monday,February 13,2017 LADONNA MARY LAMAR 4
19181
4
Coloradoan NOTARY PUBLIC-STATE OF COLORADO Color
February lz,2017 My Commission expires September 3,2019 My Identification#20154035099 a
---- Expires September 3,2019
Notary Public
Legal No.0001918134
Delivered to:
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE Affidavit Prepared
FORT COLLINS,CO 80521 Monday,February 13,2017
9:23 am
Account#: FTC-003160
FORT•COLLINS
)A XT WL invoice Text
NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on']
1 IYRAnn
NOTICE IS HEREBY GIVEN that The STATE OF COLORADO
Fort Collins city Council, on Tuesday, )ss: AFFIDAVIT OF PUBLICATION
February 21; 2017, passed and adopted )
the following ordinances on second COUNTY OF LARIMER
reading:
ORDINANCE NO.021,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING LAND USE CODE SEC-
TION 3.4.1,NATURAL I,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that the same
HABITATS AND FEATURES
ORDINANCE NO.022,2017 is a daily newspaper of general circulation and printed and published in the City of Fort Collins, in said
OF THE COUNCIL OF THE CITY OF county and state;that the notice or advertisement,of which the annexed is a true copy,has been published in
FORT COLLINS
AUTHORIZING THE CITY MANAGER said daily newspaper for
TO ENTER INTO A LEASE
AGREEMENT WITH THE LANDOWW
ERS ASSOCIATION FOR 1 Day;
PHANTOM CANYON RANCHES FOR
RECREATIONAL USE OF
HALLIGAN RESERVOIR AND CER- that the notice was published in the regular and entire issue of every number of said newspaper during the
TAIN SURROUNDING LANDS
ORDINANCE NO.023,2017 period and time of publication of said notice,and in the newspaper proper and not in a supplement thereof;
OF THE COUNCIL OF THE CITY OF that the first publication of said notice was contained in the issue of said newspaper on
FORT COLLINS
ANNEXING PROPERTY KNOWN AS
THE RENNAT
ANNEXATION TO THE CITY OF
FORT COLLINS,COLORADO Sunday,February 26,2017
ORDINANCE NO,024,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS that the last publication thereof was contained in the issue of said newspaper on
AMENDING THE ZONING MAP OF
THE CITY OF FORT COLLINS
AND CLASSIFYING FOR ZONING I Sunday,February 26,2017
PURPOSES THE PROPERTY
IrvcATIOENTO THE CITY OF FORTEX that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at
AND APPROVING CORRESPONDING least six months next prior to the first publication of said notice or advertisement above referred to;that said
CHANIGN
GES
CCTMAP newspaper has been admitted to the United States mails as second-class matter under the provisions of the
ORDINANCE NO.025,2017 Act of March 3, 1879, or any amendments thereof, and that said newspaper is a daily newspaper duly
OF THE COUNCIL OF THE CITY OF qualified for publishing legal notices and advertisements within the meaning of the laws of the State of
FORT COLLINS Q P g g g
AMENDING THE ZONING MAP OF Colorado.
THE CITY OF FORT COLLINS BY
CHANGING THE ZONING CLASSIFI.
CATION FOR THAT CERTAIN
PROPERTY KNOWN AS THE GATE-
WAY AT PROSPECT REZONING AND
MAKING CORRESPONDING
CHANGES TO THE SIGN fIL�CG�2 %�%Y`�'l.YlLl
DISTRICT MAP
The full text of these ordinances can be Legal Clerk
_ found at http://fcgov.com/pub_licnotices _
oi^d9-ftTmri"g the CITY Clerk's Office of
970-221-6515.
1950088 Subscribed and sworn to before me,within the County of Larimer,State of Colorado this
Coloradoan
February 26,2017
Monday,February 27,2017 LADONNA MARY LAMAR
NOTARY PUBLIC-STATE OF COLORADO
My Commission expires September 3,2019 My Identification#2015403509,
Expires September 3,2019
� v
Notary Public
Legal No.0001950088
Delivered to:
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE Affidavit Prepared
FORT COLLINS,CO 80521 Monday,February 27,2017
9:58 am