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HomeMy WebLinkAbout072 - 05/05/1998 - AUTHORIZING THE MAYOR TO ENTER INTO A LEASE AGREEMENT WITH THE UNITED STATES FOREST SERVICE ORDINANCE NO. 72, 1998 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO ENTER INTO A LEASE AGREEMENT WITH THE UNITED STATES FOREST SERVICE WHEREAS,in accordance with previous direction from the City Council, City staff is in the process of negotiating with the United States Forest Service to exchange City-owned land, known as the Rockwell Ranch,to the Forest Service for the Forest Service property that is located under and around the City's Joe Wright Reservoir; and WHEREAS, it is anticipated that the land exchange will take twelve to eighteen months to complete,but in the meantime the Forest Service has requested that the City lease to it a portion of the Rockwell properties known as the Kelly Flats parcel to be used by the Forest Service as a campground; and WHEREAS,the Forest Service needs this lease to be approved so that it can secure$500,000 in funding for improvements to be made at the Kelly Flats Campground; and WHEREAS, the Forest Service has operated a campground on the Kelly Flats parcel for many years; and WHEREAS, the Forest Service has presented to the City a proposed Lease Agreement for the City to sign concerning the Kelly Flats parcel, a copy of which Lease Agreement is attached hereto as Exhibit"A" and incorporated herein by this reference ("the Lease Agreement"); and WHEREAS, Section 23-111(a)provides that the City Council is authorized to lease any and all interest in property owned by the City,provided the City Council first finds that such lease is in the best interests of the City; and WHEREAS, Section 23-111(b)provides that with respect to real property which is part of the City's Water Utility Systems the City Council must also find that the lease of the property will not materially impair viability of the particular utility system as a whole, and that it will be for the benefit of the citizens of the City; and WHEREAS,the Kelly Flats property is currently part of the City's Water Utility System. NOW, THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the City's lease of the Kelly Flats parcel to the Forest Service pursuant to the terms of the Lease Agreement is in the best interests of the City. Section 2. That the City's lease of the Kelly Flats parcel, which is part of the City's Water Utility System, to the Forest Service 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; and Section 3. That the Mayor be,and hereby is,authorized to execute the Lease Agreement for the lease of the Kelly Flats parcel to the Forest Service pursuant to the terms and conditions of the Lease Agreement, with such modifications in form or substance as the City Manager, in consultation with the City Attorney, may deem necessary to effectuate the purposes thereof. Introduced, considered favorably on first reading, and ordere ublished this 21 st day of April, A.D. 1998, and to be presented for final passage on the 5 ay May, A. 98. ayor ATTEST: City Clerk Passed and adopted on final reading this 5th day o A . 19 8` P g Y � Y� Mayor ATTEST: Exhibit A UNITED STATES DEPARTMENT OF AGRICULTURE FILE: 6440-3-1 FOREST SERVICE ADMINISTRATIVE SITE LEASE LEASE FOR EXPANSION OF CAMPGROUND City of Fort Collins Authority: Sec. 1, Act of 8/4/65, Lease No. 57-82X9-8-98003 (79 Stat: 431; 7 U.S.C. 2250a) Date March 24, 1998 LESSOR: City of Fort Collins LESSEE: United States of America by the Contracting Officer, Region 2 Forest Service, Department of Agriculture THIS LEASE, made and entered into this date by and between CITY OF FORT COLLINS, COLORADO, whose interest in the property hereinafter described -is that of owner, hereinafter called the Lessor, and the UNITED STATES OF AMERICA, by the Contracting Officer, Region 2, Forest Service, Department of Agriculture, whose office address is 740 Simms Street, Golden, Colorado, hereinafter called the Government: WITNESSETH: The parties hereto for the consideration hereinafter mentioned, covenant and agree as follows: 1. The Lessor hereby leases to the Government the following described premises: A tract of land located from the' East 1/16th corner between Sections 5 and 8 of Township 8 North, Range 72 West, of the 6th Principal Meridian, said point being the Point of Beginning; Thence following the east section line of section 5 for a distance of 1285.68 feet to an unmonumented point, thence N 890 52' West for distance of 798.60 feet to an unmonumented point, thence South 120 9' 42" East for a distance of 1307.35 feet to an unmonumented point on the South section line of Section 5, thence following the South section line of Section 5 to the Point of Beginning. This tract of land contains 17.59 acres, more or less, as shown on the attached map labeled Exhibit A. The leased tract is to be used solely for the purpose of reconstruction and the continuing operation and maintenance of the Kelly Flats Campground. 2. TO HAVE AND TO HOLD the said premises with appurtenances for the term beginning on January 1, 1998, through December 31, 2027, subject to termination and renewal rights as may be hereinafter set forth. 3 . The Government shall pay the Lessor upon execution of this lease rent of one dollar ($1.00) in consideration for the right to use the said premises during the stated term thereof. 4 . This lease may be renewed if mutually agreed upon for a period of five years at the rate of $1.00/year to be paid in lump sum form under the terms and conditions spt._-Lfied herein, provided notice b` given in writing to the Lessor at least 120 days before this lease otherwise would expire. 5. This lease may be terminated at any time by either party giving at least 90 days prior written notice to the other party. If the agreement is terminated by the request of the Lessor, the Government reserves the right to abandon those improvements that it deems appropriate and a reimbursement equal to the remaining value of the abandoned improvements will be paid to the Government. The value of the improvements assessed will be based on a depreciated value of a twenty year life. For those improvements that the Government and Lessor mutually determine are economical to relocate, the Lessor will be responsible for costs associated with relocating such improvements within the Roosevelt National Forest. 6. The Government shall have the right, during the existence of this lease, to make improvements to the Kelly Flats Campground including, but not limited to, the following: 1. ) installation and maintenance of picnic tables, fire grates, tent pads, directional and informational signs, bulletin boards, underground water lines, hydrants and vault type toilets; 2. ) reconstruction and construction of roads, trails, and parking areas; and 3. ) maintenance of the bridge crossing the Cache la Poudre River. All improvements shall remain the property of the Government and may be removed therefrom by the Government within a reasonable time after the termination of this lease or renewal thereof. The Government shall also have the right to dispose of the improvements in place, in the event that use is discontinued by the Government, provided that if disposition of the improvements is to a party or parties other than the Lessor, that the improvements be removed from the premises within a reasonable period. The above improvements will be located in accordance with the attached preliminary site development plan. 7. The said premises will be used by the Government for only such purposes as are consistent with a public campground facility. 8 . It is agreed and understood by and between the parties that the Government, or its designated representative, will maintain the premises and property furnished under this lease in good repair during the continuance of the lease. Trash and other wastes will be properly disposed of by the Government at its expense. 9. It is agreed and understood by and between the parties that the Government and the Lessor, as a separate agreement, are desirous of entering into a land exchange for the subject property. It is further understood by both parties that any land exchange must be considered to be in the public interest as determined by the U.S. Forest Service and the Lessor's City Council. Both parties recognize and agree that this clause does not constitute any type of guarantee express or implied of the success of said exchange, and is included only to articulate the intent of both the City of Fort Collins and the U.S. Forest Service. S'-ould an exchange for the leased parcel of land be consummated this lease shall be null and void. 10. A joint physical survey and inspection report of the demised premises shall be made as of the effective date of this lease, reflecting the then present condition, and shall be signed on behalf of the parties hereto. 11. If utilities do not currently exist to the property, it is agreed and understood by and between the parties that the Government reserves the right to access the utilities if and when they become available, paying applicable charges. - 12. Nothing in _s lease shall be construed as iigating the Government to expend, or as involving the United States in any obligation for the future payment of money in excess of appropriations authorized by law and administratively made available. 13. The Lessor agrees not to discriminate by segregation or otherwise against any person or persons because of race, creed, color, religion, national origin, sex, marital status, or handicap in furnishing, or by refusing to furnish, to such person or persons the use of any facility, including any and all services, privileges, accommodations, and activities. Nothing herein shall require the furnishing to the general public of the use of any facility customarily furnished by the Lessor solely to tenants, their employees, customers, patients, clients, guests, and invitees. 14. No Member of, or Delegate to, Congress, or Resident Commissioner, shall -be admitted to any share or part of this lease contract or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this lease contract if made with a corporation for its general benefit. IN WITNESS WHEREOF, the parties have hereunto subscribed their names as of the date first written above. LESSOR: City of Fort Collins Ann Azari, Mayor ATTEST: APPROVE AS TO FORM: City Clerk City Attorney LESSEE: UNITED STATES OF AMERICA (Print name) By (Signature) Leasing Contracting Officer Region 2, Forest Service Department of Agriculture