HomeMy WebLinkAbout149 - 11/04/2014 - APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH WOOD WARD, INC. ORDINANCE NO. 149, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING A FIRST AMENDMENT TO THE
AGREEMENT WITH WOODWARD, INC.
WHEREAS, the City, the Fort Collins, Colorado Downtown Development Authority (the
"Authority"), and Woodward, Inc. ("Woodward") previously entered into that certain
"Agreement with Woodward, Inc.," dated April 16, 2013 (the "Agreement"); and
WHEREAS, the Agreement was approved by the City Council by Ordinance No. 055,
2013, on second reading on April 2, 2013; and
WHEREAS, the Agreement authorizes a business assistance package from the City and
the Authority to Woodward relating to Woodward's relocation and construction of its company
headquarters and the expansion of its manufacturing and office facilities on a new corporate
campus site within Fort Collins; and
WHEREAS, in Section 4(d) of the Agreement the City agreed to consider in the future
the construction of significant public improvements to Lincoln Avenue, which avenue abuts and
is adjacent to the campus site Woodward is now developing, referred to as the "Lincoln
Boulevard Improvements" in the Agreement (the "Lincoln Boulevard Improvements"); and
WHEREAS, in connection with the City's future consideration of the Lincoln Boulevard
Improvements, Section 4(d) of the Agreement also provides that the City Manager will ". . .
present a package to the City Council of improvements to be funded by a renewal of the Building
on Basics dedicated sales tax, including a portion of the Lincoln Boulevard Improvements valued
at approximately $8 million, on a schedule to allow consideration of that measure by the voters
no later than November 2014."; and
WHEREAS, the City, the Authority and Woodward now agree that the City Manager
does not need to submit the Building on Basics ballot measure to the Council for its
consideration until the time needed to place the measure before the voters at the City's next
regular election on April 7, 2015; and
WHEREAS, the City, the Authority and Woodward therefore desire to enter into the
"First Amendment to Agreement with Woodward, Inc." attached and incorporated herein as
Exhibit "A" (the "First Amendment") to so amend the Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the First Amendment is hereby approved and the Mayor and City Manager
are hereby authorized to execute the First Amendment, with such additional terms and conditions
as the City Manager, in consultation with the City Attorney, determines to be necessary and
appropriate to protect the interests of the City or effectuate the purpose of this Ordinance.
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Introduced, considered favorably on first reading, and ordered published this 21st day of
October, A.D. 2014, and to be presented for final passage on the 4th day of November, A.D.
2014.
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Passed and adopted on final reading on the 4th day of November, A.D. 2014.
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EXHIBIT A
FIRST AMENDMENT
TO AGREEMENT WITH WOODWARD, INC.
THIS FIRST AMENDMENT TO THE AGREEMENT WITH WOODWARD, INC.
(the "First Amendment') is entered into this day of , 2014, by and among the City
of Fort Collins, Colorado, a home rule municipal corporation (the "City"), the Fort Collins,
Colorado Downtown Development Authority, a duly organized and existing downtown
development authority under the Constitution and laws of the State of Colorado, including,
particularly, Title 31, Article 25, Part 8, Colorado Revised Statutes, as amended (the
"Authority"), and Woodward, Inc., a Delaware corporation ("Woodward").
RECITALS
WHEREAS, the City, the Authority and Woodward have previously entered into that
certain "Agreement with Woodward, Inc." dated April 16, 2013 (the "Agreement"); and
WHEREAS, the Agreement was approved by the Fort Collins City Council (the
"Council") by Ordinance No. 055,2013, on second reading on April 2, 2013; and
WHEREAS, the Agreement authorizes a business assistance package from the City and
the Authority to Woodward relating to Woodward's relocation and construction of its company
headquarters and the expansion of its manufacturing and office facilities on a new corporate
campus site in Fort Collins; and
WHEREAS, included in the Agreement is the City's agreement in Section 4(d) of the
Agreement to consider in the future the construction of significant public improvements to
Lincoln Avenue, which avenue abuts and is adjacent to the campus site Woodward is now
developing, referred to as the "Lincoln Boulevard Improvements" in the Agreement (the
"Lincoln Boulevard Improvements"); and
WHEREAS, in connection with the City's future consideration of the Lincoln Boulevard
Improvements, Section 4(d) of the Agreement also provides that the City Manager will ". . .
present a package to the City Council of improvements to be funded by a renewal of the Building
on Basics dedicated sales tax, including a portion of the Lincoln Boulevard Improvements valued
at approximately $8 million, on a schedule to allow consideration of that measure by the voters
no later than November 2014.'; and
WHEREAS, the City, the Authority and Woodward now agree that the City Manager
does not need to submit the Building on Basics ballot measure to the Council for its
consideration until the time needed to place the measure before the voters at the City's next
regular election on April 7, 2015; and
WHEREAS, the City, the Authority and Woodward therefore desire to enter into this
First Amendment to so amend the Agreement.
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NOW, THEREFORE, in consideration of the promises contained in this First
Amendment, and other good and valuable consideration, the receipt and adequacy of which are
hereby acknowledged, the parties hereto agree as follows:
Section 1. That the first sentence of the second paragraph in Section 4(d) of the
Agreement is hereby amended to read in full as follows:
"In addition, the City Manager agrees to present a package to the City Council of
improvements to be funded by a renewal of the Building on Basics dedicated sales tax, including
a portion of the Lincoln Boulevard Improvements valued at approximately $8 million, on a
schedule to allow consideration of that measure by the voters at the City's next regular municipal
election on April 7, 2015."
Section 2. That the City, the Authority and Woodward agree that, except as amended
herein, all other provisions of the Agreement shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the City, the Authority and Woodward have executed this
First Amendment as of the date first above written.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:
Karen Weitkunat, Mayor
By:
Darin A. Atteberry, City Manager
Attest:
City Clerk
Approved as to form:
Senior Assistant City Attorney
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing First Amendment to Agreement with Woodward, Inc. was executed before me
this day of 2014, by Karen Weitkunat, as Mayor, by Wanda Nelson, as
City Clerk, and by Darin Atteberry, City Manager, of the CITY OF FORT COLLINS,
COLORADO, a municipal corporation.
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WITNESS my hand and official seal.
My commission expires:
Notary Public
THE FORT COLLINS, COLORADO,
DOWNTOWN DEVELOPMENT AUTHORITY
Wynne Odell, Chairperson
(SEAL)
Attest:
Janet Bramhall, Secretary
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing First Amendment to Agreement with Woodward, Inc. was executed before me
this day of 2014, by Wynne Odell, as Chairperson, and by Janet Bramhall
as Secretary of THE FORT COLLINS, COLORADO, DOWNTOWN DEVELOPMENT
AUTHORITY.
WITNESS my hand and official seal.
My commission expires:
Notary Public
WOODWARD, INC. a Delaware corporation
By:
Tom Gendron, Chairman and CEO
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STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The First Second Amendment to Agreement with Woodward, Inc. was executed before me this
day of , 2014, by Tom Gendron as Chairman and CEO of WOODWARD,
INC. a Delaware corporation.
WITNESS my hand and official seal.
My commission expires:
Notary Public
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