HomeMy WebLinkAbout127 - 12/01/2009 - AUTHORIZING THE SUBLEASE TO LARIMER COUNTY OF PORTIONS OF THE FOSSIL CREEK RESERVOIR PROPERTY LEASED ORDINANCE NO. 127, 2009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE SUBLEASE TO LARIMER COUNTY
OF PORTIONS OF THE FOSSIL CREEK RESERVOIR PROPERTY
LEASED BY THE CITY FROM NORTH POUDRE IRRIGATION COMPANY
WHEREAS,pursuant to the terms of a Lease Agreement, dated October 21, 2001,the City
leases from North Poudre Irrigation Company the surface rights to Fossil Creek Reservoir, and
certain adjacent property(collectively, the "Leased Property"); and
WHEREAS, on January 16, 2001, the City Council adopted on second reading Ordinance
No. 003, 2001, authorizing an intergovernmental agreement between the City and Larimer County
related to the joint acquisition and ownership of seven properties in the Fossil Creek Reservoir area
along with certain other related action; and
WHEREAS,in January 2001,the City and Larimer County entered into an intergovernmental
agreement concerning the Fossil Creek Reservoir Area Properties(the"2001 IGA"),consistent with
Ordinance No. 003, 2001; and
WHEREAS, the 2001 IGA provided that certain of the properties acquired by the City and
County would be managed by Larimer County as part of the Fossil Creek Reservoir Regional Open
Space; and
WHEREAS, in 2004, City staff determined that it would be to the mutual advantage of the
City and the County for the City to sublease to the County, substantial portions of the Leased
Property, for day-to-day operation and management by the County, in a manner consistent with the
City's lease obligations, as part of the Fossil Creek Reservoir Regional Open Space; and
WHEREAS, on April 6, 2004, the City Council approved Ordinance No. 034, 2004,
authorizing the City to sublease portions of the Leased Property to the County, and the City and
County subsequently entered into a sublease agreement (the "2004 Sublease"); and
WHEREAS,the City and County have negotiated an amended and restated IGA intended to
replace the 2001 IGA,the approval of which the City Council is considering by separate resolution
(the "2010 IGA"); and
WHEREAS, in order to maintain consistency with the proposed 2010 IGA, the City and
County have also negotiated a proposed new sublease(the"2010 Sublease")that would replace the
2004 Sublease; and
WHEREAS, the main differences between the 2004 Sublease and the proposed 2010
Sublease are: (a)the 2010 Sublease would reduce the County's rights and obligations regarding the
Leased Property to be consistent with the County's reduced responsibilities under the 2010 IGA,and
(b)the 2010 Sublease would not require the County to pay rent for the sublease as it currently does;
and
WHEREAS, a draft of the 2010 Sublease, dated November 5, 2009, is on file in the office
of the City Clerk and available for public inspection; and
WHEREAS, the Board of North Poudre Irrigation Company (NPIC) reviewed the 2004
Sublease Agreement at its meeting of February 4, 2004, and authorized the sublease pursuant to its
terms; and
WHEREAS, City staff will obtain any necessary approval from NPIC before the 2010
Sublease is executed; and
WHEREAS, City staff believes it is in the best interests of the City and County for the City
to continue subleasing a portion of the Leased Property to the County so that the City and County
can continue to cooperatively manage the Leased Property; and
WHEREAS,pursuant to Section 23-111(a)of the City Code,the City Council is authorized
to sell,convey or otherwise dispose of any and all interest in real property owned in the name of the
City, provided that the City Council first finds, by ordinance, that such sale or other disposition is
in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Council hereby finds that the sublease of a portion of the Leased
Property at Fossil Creek Reservoir to the County as provided herein is in the best interests of the
City.
Section 2. That the City Manager is hereby authorized to execute a sublease agreement
in substantially the same form as is on file in the office of the City Clerk, together with such
additional terms and conditions as the City Manager, in consultation with the City Attorney,deems
necessary and appropriate to protect the interests of the City or to effectuate the purposes of this
Ordinance, including any necessary changes to the legal description of the sublease area,as long as
such changes do not materially increase the size or change the character of the sublease area.
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Introduced, considered favorably on first reading, and ordered published this 17th day of
November,A.D.2009,and to be presented for final passage on th day of December,A.D.2009.
Mayo
ATTEST:
Aa 0
City-Clerk "
Passed and adopted on final reading on the 1 st day of Dec ber, A.D. 2009.
Ma or
ATTEST:
City Clerk
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