HomeMy WebLinkAbout136 - 09/07/1999 - APPROVING AND AUTHORIZING THE CITY TO ENTER INTO A SITE AGREEMENT AND A LEASE AGREEMENT AND APPROVIN ORDINANCE NO. 136, 1999
AN ORDINANCE APPROVING AND AUTHORIZING THE
CITY TO ENTER INTO A SITE AGREEMENT BETWEEN THE
CITY AND FORT COLLINS CAPITAL LEASING
CORPORATION AND A LEASE AGREEMENT BETWEEN
THE CORPORATION AND THE CITY AND APPROVING A
TRUST INDENTURE BETWEEN THE CORPORATION AND
THE BANK OF CHERRY CREEK,N.A., AS TRUSTEE, AND A
LEASEHOLD DEED OF TRUST FROM THE CORPORATION
TO THE PUBLIC TRUSTEE OF LARIMER COUNTY FOR THE
BENEFIT OF THE TRUSTEE 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, § 6, 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, § 6, 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 15, 1999(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 15, 1999 (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, § 20(4)(b)and may therefore be
entered into without voter approval; and
WHEREAS,the Corporation proposes to acquire its interest in such property for lease to the
City with the proceeds of Lease Certificates of Participation (Golf Course Improvements and
Downtown Sidewalks Project), Series 1999, dated August 15, 1999, in the aggregate principal
amount of$3,360,000 (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 15, 1999 (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 15, 1999 (the "Indenture"), between the
Corporation, as grantor, and the Trustee, as trustee; and
WHEREAS, on August 6, 1999, the Corporation and the City distributed to potential
investors a Request for Proposal to Provide Lease/Purchase Financing(the"Request for Proposal');
and
WHEREAS, in accordance with the Request for Proposal, the Corporation and the City
accepted the bid of 1 st Choice Bank (the "Bid") to purchase the Certificates; and
WHEREAS the forms of the Site Agreement,the Lease,the Deed of Trust and the Indenture
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 and the Indenture 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.
3. The Mayor and the City Clerk are hereby authorized and directed to execute the Site
Agreement and the Lease and any other document that in the opinion of the City Attorney is
necessary to effect the transaction contemplated thereby and not inconsistent therewith.
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.
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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, including but not limited to the distribution of the Request for Proposal and the
acceptance of the Bid, 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.
READ,AMENDED,FINALLY PASSED AS AMENDED ON SECOND READING AND
ORDERED PUBLISHED BY NUMBER AND TITLE ONLY this 7th day of September, A.D.
1999.
CITY OF FORT COLLINS, COLORADO
By:
Mayor
(SEAL)
ATTEST:
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City Clerk