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HomeMy WebLinkAbout2024-138-12/03/2024-AUTHORIZING THE EXECUTION OF INTERGOVERNMENTAL AGREEMENTS BETWEEN THE CITY OF FORT COLLINS AND THE FRESOLUTION 2024-138 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE EXECUTION OF INTERGOVERNMENTAL AGREEMENTS BETWEEN THE CITY OF FORT COLLINS AND THE FORT COLLINS-LOVELAND WATER DISTRICT FOR THE PURCHASE OF WATER SERVICE FOR THE FUTURE SCHOOLSIDE PARK PROPERTY A.On January 19, 2021, City Council adopted the 2021 Parks and Recreation Master Plan (the "Plan"). The Plan identified the Schoolside Park (the "Park") lo be developed. B.Council approved appropriations for the development of the Park in both the 2023 and 2024 budget cycles. C.The Park site is located on South Timberline Road and is within the service area of the Fort Collins-Loveland Waler District (the "District"). The Park will require both an irrigation water tap and a commercial waler tap. D.The Di strict will provide water service lo the Park and has offered lo sell a irrigation water lap to the City for $430,480 and a commercial waler tap for $12,415. E.The District requires the City lo execute a Memorandum of Agreement for Purchase of Water Tap ("MOA'') for the purchase of the irrigation waler lap, in substantially the form attached hereto as Exhibit "A" and incorporated herein by this reference, and which is an intergovernmental agreement that sets forth the terms and conditions for the purchase of the waler lap. F.The District requires the City to execute a second MOA for the purchase of the commercial water lap, in substantially the form attached hereto as Exhibit "B" and incorporated herein by this reference, and which is an intergovernmental agreement that sets forth the terms and conditions for the purchase of the waler lap. G.City Code authorizes City Council to approve the execution of intergovernmental agre ements by ordinance or resolution. H.The City Council desires to authorize the City Manager, in consultation with the City Attorney, to execute both MOAs on behalf of the City in substantially similar form to "Exhibit A" and Exhibit "B." I.The MOAs will allow the City to acquire from the District both water taps that are necessary for water service to the Park, which is in the best interest of the City and beneficial to the ,users of the Park and the City al large. -1- EXHIBIT A TO RESOLUTION 2024-138 Account No. I 2 1 191 0 FORT COLLINS-LOVELAND WATER DISTRICT MEMORANDUM OF AGREEMENT FOR PURCHASE OF WATER TAP THIS AGREEMENT is made and entered into between the FORT COLLINS-LOVELAND WATER DISTRICT (hereinafter "District") by its Board ofDircctors through its designated manager, and the CITY OF FORT COLLINS, COLORADO. a municipal corporation,, with an address of300 Laporte Ave, Fort Collins. CO 80521 (hereinafter "Purchaser"). INCONSIDERATION OF TIIE COVENANTS, PROMISES, TERMS AND CONDITIONS HEREINAFTER STATED, THE PARTIES AGREE AS FOLLOWS: I.Purchaser agrees to purchase and pay for a one and a half-inch irrigation water tap from District. Purchaser agrees to pay the sum of $430,480,00 for said tap, water resource fee, infrastructure plant investment fee, new meter fee, payable concurrently with the execution of this Agreement. This payment amount reflects a credit for an existing three-quarter inch residential tap. Under no circumstances will any services be provided by the District until full payment is made, nor shall any ofthc tap fees paid be refunded to the Purchaser. This tap cannot be transferred from one lot to another, unless the transfer is made within the same District­approved subdivision for which it was originally purchased, 2. Purchaser agrees to pay all assessments and smvice charges as may be established and modified by the District from time totime. In the event the purchaser foils to pay such levies, assessments and charges upon demand, the District shall then immediately terminate service, assess penalties, and assert its lien rights, to the extent legally permissible, and any other remedies available to it pursuant to its Rules and Regulations and to the laws of the State of Colorado. 3. In the event that the above described real property is conveyed or transferred to an individual or entity by the Customer, such water tap shall be deemed transferred with the real property whether such conveyance or transfer is the result of a voluntary or involuntary transfer, including judicial order or decree, public tnrntce's sale, sheriffs sale, treasurer's sale, or otherwise. Upon any such transfer of the real property, the District may recognize such transferee as the "owner of said water tap" without having first obtained an assignment of water tap executed by the Customer to the new owner. Iii no event may the Customer retain ownership of said tap upon the voluntary or involuntary transfer of the property, 4. The legal description for the real property for which this tap is being purchased is as follows:Lot I, Lehman-Timberline Minor Land Division.A portion of the south half of the northwest quarter of Section 8, Township 6 North, Range 68 West, of the 6111 P.M., County ofLarimer, State ofColorado.Slreet Address: 5830 S. Timberline Road 5. Purchaser agrees to execute and deliver such easement or Easement Agreements as arc needed by the District for the purpose ofconstructing and maintaining water lines across any of the real property of the Purchaser. Such casements shall be executed and delivered by separate legal document and in compliance with requirements established by the Purchaser's City Code and other applicable law, at the sole expense of Purchaser, and such expenses shall include, but not be limited to, survey expenses, and recording expenses. 6. Pursuant to the terms of this Agreement, Purchaser shall have the right to tap into the District's line at a point designated by the District. Tapping procedures shall be in accordance with the District's specifications, and shall be under the control and supervision of the District or its representative. The costs of tapping, including the connection, the tap and service line, and all other expenses thereof, shall be paid by Purchaser. Purchaser agrees to pay all expenses for any line extension (s) from the District's main line to the connection ofthe premises ofthe Purchaser. 7.Purchaser agrees to pay to the District a monthly service charge for the use of the District's treatment and distribution system.The District expressly reserves the right to increase or decrease the monthly rate assessed at any time upon reasonable notice to its users. 8.The District reserves the right, through its representatives, to inspect and approve all lines connecting Purchaser's premises tothe District's system, The Purchaser shall comply with the District's Rules and Regulations, as modified from time to time, and with District's construction specifications before and after Purchaser's connection to the District's system. In the event the District incurs expenses for labor or materials for repair and maintenance of Purchaser's line and connection with District's water system, Purchaser shall be liable for payment for costs incurred by the District for such labor and/or materials, provided such repair and maintenance is required through no fault of the District. 9. Appropriation. To the extent this Agreement, or any provision in it, requires payment of any nature in fiscal years subsequent to the current fiscal year and constitutes a multiple fiscal year debt or financial obligation of the Purchaser, it shall be subject to annual appropriation by the Fort Collins City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186,and Article X, Section 20 of the Colorado Constitution. The Purchaser shaU have no obligation to continue this Agreement in any fiscal yeUI'for which there arc no present cash reserves or supporting appropriations pledged irrevocably for puiµoscs of payment obligations herein. Non-appropriation by the City shall not be construed as a breach of this Agreement. I 0. Governmental Immunity. No tcnn or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. EXHIBIT A TO RESOLUTION 2024-138 Signed this ______ dayof ______ 20 __ _ By: City of Port Collins, Colorado A Municipal Corporation Authorized Purchaser: Mailing Address: Kelly DiMartino City Manager 215 N. Mason Road Fort Collins, CO 80522 Payment $430,480.00 FORT COLLINS�LOVELAND WA'IER DISTRICT By: _________ Amanda Proctor Date: Finance Director City of Fort Collins, Colorado A Municipal Corporation By: Kelly DiMartino, City Manager ATTEST: City Clerk APPROVE AS TO FORM: Assistant City Attorney Date EXHIBIT B TO RESOLUTION 2024-138 AccountNo, 1211904 FORT COLLINS-LOVELAND WATER DISTRICT MEMORANDUM OF AGREEMENTFORPURCIIASE OF WATER TAP THIS AGREEMENT is made and entered into between the FORT COLLINS-LOVELAND WATER DISTRICT (hereinafter "District") by its Board of Directors through its designated manager, and the CITY OF FORT COLLINS, COLORADO. a municipal corporation, with an address of300 Laporte A vc. Fort Collins. CO 80521 (hereinafter "Purchaser"). IN CONSIDERATION OF THE COVENANTS, PROMISES, TERMS AND CONDITIONS HEREINAFTER STATED, THE PARTIES AGREE AS FOLLOWS: I. Purchaser agrees to purchase and pay for a three-quarter inch commercial water tap from District. Purchaser agrees to paythe sum of$12,415,00 for said tap, water resource fee, infrastructure plant investment fee, and new meter fee, payable concurrently with the execution of this Agreement. This payment amount reflects a credit for an existing three-quarter inch residential tap. Under no circumstances will any services be provided by the District until full payment is made, nor shall any of the tap fees paid be refunded to the Purchaser. This tap cannot be transferred from one lot to another, unless the transfer is made within the same District­approved subdivision for which it was originally purchased. 2.Purchaser agrees to pay all assessments and service charges as may be established and modified by the District from time totime. In the event the purchaser fails to pay such levies, assessments and charges upon demand, the District shall then immediately terminate service, assess penalties, and assert its lien rights, to the extent legally permissible, and any other remedies available to it pursuant to its Rules and Regulations and to the laws ofthc State of Colorado. 3. In the event that the above described real property is conveyed or tra11sfcrred to an i11dividuat or entity by the 0.1stomcr, suchwater tap shall be deemed transferred with the real property whether such conveyance or transfer is the result of a volwitary or involwitary transfer, including judicial order or decree, public trustee's sale, sheriffs sale, treasurer's sale, or otherwise. Upon any such transfer of the real property, the District may recogni1,e such transferee as the "owner of said water tap" without having first obtained an assignment of water tap executed by the Customer to the new owner. In no event may the Customer retain ownership of said tap upon the voluntary or involw1tary transfer of the property. 4. The legal description for the real property for which this tap is being purchased is as follows:Lot 1, Lchman�Timberline Minor Land Division. A portion of the south half of the northwest quarter of Section 8, Township 6 North, Range 68 West, of the 6th P.M., County of Larimer, State of Colorado. Street Address: 5830 S. Timberline Road, Fort Collins, Colorado 805xx 5. Purchaser agrees to execute and deliver such easement or Easement Agreements as arc needed by the District for the purpose of constructing and maintaining water lines acl'oss any of the real property of the Purchaser. Such easements shall be executed and delivered by separate legal document and in compliance with requirements established by the Purchaser's City Code and other applicable law, at the sole expense of Purchaser, and such expenses shall include, but not be limited to, survey expenses, and recording expenses. 6. Pursuant to the tenns of this Agreement, Purchaser shall have the right to tap into the District's line at a point designated by theDistrict. Tapping procedures shall be in accordance with the District's specifications, and shall be under the control and supervision of the District or its representative. The costs of tapping, including the connection, the tap and service line, and all other expenses thereof, shall be pil.id by Purchaser. Purchaser agrees to pay all expenses for any line extension (s) from the District's main line to the connection ofthc premises ofthc Purchaser. 7. Purchaser agrees to pay to the District a monthly service charge for the use of the District's treatment and distribution system. The District expressly reserves the right to increase or decrease the monthly rate assessed at any time upon reasonable notice to its users. 8.The District reserves the right, through its representatives, to inspect and approve all lines connecting Purcliaser's premises tothe District's system. The Purchaser sliall comply with the District's Rules and Regulations, as modified from time to time, and with District's construction specifications before and after Purchaser's connection to the District's system. In the event the District incurs expenses for labor or materials for repair and maintenance of Purchaser's line and connection with District's water system, Purchaser shall be liable for payment for costs incurred by the District for such labor and/or materials, provided such repair and maintenance is required through no fault of the District. 9. Appropriation. To the extent this Agreement, or any provision in it, requires payment of any nature in fiscal years subsequent to thecurrent fiscal year and constitutes a multiple fiscal year debt or financial obligation of the Purchaser, it shall be subject to annualappropriation by the Fort Collins City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186,andArticle X, Section 20 of the Colorado Constitution. The Purchaser shall have no obligation to continue this Agreement in any fiscal ycal' for which there are no present cash reserves or suppo1ting appropriations pledged irrevocably for pmposcs ofpayment obligations herein. Non-appropliation by the City shall not be constmed as a brcoch of this Agreement. l 0. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immwiily Act, C.R.S. § 24-10-101 et seq, and under any other applicable law.