HomeMy WebLinkAbout145 - 09/01/1998 - AUTHORIZING A LONG-TERM LEASE OF REAL PROPERTY ADJACENT TO THE CIVIC CENTER PARKING STRUCTURE TO PHE ORDINANCE NO. 145, 1998
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING A LONG-TERM LEASE OF REAL PROPERTY
ADJACENT TO THE CIVIC CENTER PARKING STRUCTURE
TO PHELPS PROGRAM MANAGEMENT, LLC, FOR THE
DEVELOPMENT OF COMMERCIAL SPACE
ALONG WITH RELATED EASEMENTS
WHEREAS,the City of Fort Collins owns that certain real property located on Block 21,in
the City of Fort Collins, adjacent to the Civic Center Parking Structure (the "Parking Structure")
property more particularly described in Exhibit "A," on file in the office of the City Clerk, and
incorporated herein by this reference (the "Property"), and
WHEREAS,in orderto provide for the development ofprivate commercial space compatible
with and incorporated into the design of the Parking Structure(the"Commercial Space"),City staff
has negotiated a long-term lease of the Property (the "Lease Agreement") to Phelps Program
Management,LLC("PPM"),an affiliate of Hensel Phelps Construction Company,the design-builder
of the Parking Structure under a separate contract with the City; and
WHEREAS, the initial term of the Lease Agreement, including two ten-year extensions at
PPM's sole option, will end in the year 2039, with a right of first option granted to PPM for an
additional subsequent term,if the City chooses to continue to lease out the Commercial Space;and
WHEREAS, the Lease Agreement provides for the coordination of the design and
construction of the Commercial Space with that of the Parking Structure, and requires that all costs
for such design and construction be borne by PPM; and
WHEREAS, in exchange for said design and construction, along with responsibility for
management of the Commercial Space during the term of the Lease Agreement, the Agreement
provides that PPM shall be entitled to sublease units in the Commercial Space for use in a manner
and consistent with those certain conditions set forth in the Lease Agreement; and
WHEREAS, the Lease Agreement further grants to PPM access easements and cross
easements required for its use of the Commercial Space.including terms for a shared wall and floor
/ceiling (the 'Basements"); and
WHEREAS,the Lease Agreement is consistent with the terms ofthe financing arrangements
for the Parking Structure approved by the Council in Ordinance No. 128, 1998,and is consistent in
all respects with the design of the Parking Structure as approved by the Council on July 21, 1998,
by adoption of Resolution 98-111; and
WHEREAS,the basic terms of the Lease Agreement are described in a Lease Outline,dated
August 14, 1998, and on file in the office of the City Clerk(the "Lease Outline"); and
WHEREAS,City staffhas determined that the proposed Lease Agreement terms for the lease
of the Property will be beneficial to the City and will promote the public purpose of enhancing and
contributing to a viable and active downtown and Civic Center in Fort Collins; and
WHEREAS,pursuant to Section 23-114 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, Section 23-111 of the City Code provides that the City Council is authorized
to sell, convey or otherwise dispose of real property owned by the City, provided the Council first
finds by Ordinance that any sale or disposition of real property owned by the City is in the best
interests of the City of Fort Collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby determines that the lease of Property to Phelps
Program Management, LLC , pursuant to the terms of a lease consistent with the terms of this
Ordinance and the Lease Outline, along with the grant of the Easements to PPM for the term of its
lease, is in the best interest of the City.
Section 2. That the City Manager is hereby authorized to enter into an agreement to lease
the Property to Phelps Program Management,LLC,including a grant of access and cross easements
reasonably required for the use of the Commercial Space,which agreement shall be in substantially
the form of the Lease Agreement, dated September 15, 1998, a draft of which is on file in the office
of the City Clerk, and which shall contain such other lease and easement provisions as the City
Manager, in consultation with the City Attorney, deems appropriate to protect the interests of the
City, consistent with the Lease Outline.
Introduced, considered favorably on first reading, and ordered published this th day of
August, A.D. 1998, and to be presented for final passage on 1st y of Septe er, D. 1998.
Mayor
ATTEST:
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City Clerk ,
Passed and adopted on final reading this 1st day of Septerrjber,A.D. 1998.
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ATTEST:
City Clerk
EXHIBIT A
LEGAL DESCRIPTION OF COMMERCIAL SPACE
The first floor of the building,from slab to slab of any improvements
which are estimated to be approximately 14' 7"tall from the bottom slab
of such improvements of the following Tract B, Block 21, CITY OF FORT
COLLINS, State of Colorado as shown on Landstar Survey dated 8/10/98 of
a replat of Lots 24 through 39, Block 21 which is more particularly
described as:
That portion of Lots 24 through 37, Block 21, City of Fort Collins,
County of Larimer, State of Colorado.
Considering the East line of Lots 24 through 39 of said Block 21 as
bearing South 00 degrees 09 minutes 36 seconds East and with all
bearings contained herein relative thereto.
Commencing at the Northwest Corner of said Lot 24,
thence South 14 degrees 33 minutes 10 seconds East, a distance of 18.97
feet to the True Point of Beginning;
thence South 00 degrees 05 minutes 40 seconds East, a distance of 318.34
feet;
thence North 89 degrees 45 minutes 20 seconds East, a distance of 51.13
feet;
thence North 00 degrees 14 minutes 40 seconds West, a distance of 332.54
feet;
thence South 89 degrees 45 minutes 20 seconds West, a distance of 30.67
feet;
thence South 00 degrees 14 minutes 40 seconds East, a distance of 12.38
feet;
thence South 89 degrees 45 minutes 20 seconds West, a distance of 15.16
feet;
thence South 00 degrees 14 minutes 40 seconds East, a distance of 1.83
feet;
thence South 89 degrees 45 minutes 20 seconds West, a distance of 4.46
feet to the Point of Beginning.
County of Larimer, State of Colorado.