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HomeMy WebLinkAbout2022-039-04/05/2022-AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY TO PARTNER ON THINTERGOVERNMENTAL AGREEMENT CONCERNING THE BOBCAT RIDGE EXPANSION CONSERVATION PROJECT This Intergovernmental Agreement (Agreement) is made this ___day of _____________, 2022, by and between the CITY OF FORT COLLINS, COLORADO (the "City") and LARIMER COUNTY, COLORADO (the “County"). WHEREAS, part 2 of Article 1 of Title 29, C.R.S. authorizes governments to cooperate and contract with one another to provide any function, service or facility lawfully authorized to each, including the sharing of costs; and WHEREAS, the County has imposed a sales and use tax via the "Help Preserve Open Spaces Initiative" for the purchase and maintenance of open space, natural areas, wildlife habitat, parks and trails and a portion of the funds generated by said sales tax are distributed to municipalities located within Larimer County, including the City; and WHEREAS, the City has imposed a dedicated 0.25% sales and use tax known as "Open Space Yes!", portions of the revenues from which are intended and available for the purchase and maintenance of open space, natural areas, and trails; and WHEREAS, the parties recognize through the Larimer County Open Lands Master Plan and Fort Collins Natural Areas Master Plans that certain lands in the foothills and along the mountain backdrop to the cities of Fort Collins and Loveland (the “Conservation Area”) are important to be conserved through various means such as fee acquisition, conservation easements, and regulatory measures; and WHEREAS, the Larimer County Natural Resources Department and the City of Fort Collins Natural Areas Department share common goals in conserving land in the Conservation Area, and by this IGA intend to form a partnership to carry out a land conservation project known as the “Bobcat Ridge Expansion Conservation Project” to conserve in fee an additional 675 acres and in conservation easement approximately 3,279.8 acres of land; and WHEREAS, the Natural Areas Department has prioritized encumbering City Natural Areas’ properties with conservation easements to add further protection to Natural Areas land based on the advice of the City Land Conservation and Stewardship Board; and WHEREAS, the City anticipates acquiring through purchase of fee interests, the real property referred to as the “Eagle Canyon Ranch Property” and the “Soaring Eagle Ranch Property”, described in Exhibit A, attached hereto and incorporated herein by reference (the “Ranch Properties”); and WHEREAS, in consideration of a $1,000,000 contribution from the County towards the purchase of the Ranch Properties, the City intends to convey a conservation easement (the “Conservation Easement”) to the County on the Ranch Properties following acquisition of those properties, and on 2,604.8 acres previously purchased by the City, known and referred to as Bobcat Ridge Natural Area, which is described in Exhibit B, attached hereto and incorporated herein by reference, all of which shall be referred to together as the “Bobcat and Ranch Properties”; and EXHIBIT A WHEREAS, the parties desire to cooperate and contract with one another concerning the sharing of costs and responsibilities for the conservation of the Bobcat and Ranch Properties NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: A. Subject Properties/Easement 1. The City will make reasonable efforts to acquire fee title to the Ranch Properties. 2. The cost for conserving the Bobcat and Ranch Properties, including the purchase price for the Ranch Properties, conveyance of the Conservation Easement, closing costs, title insurance, Phase I Environmental Assessment Reports, Mineral Remoteness Opinion, and Baseline Report is estimated to be approximately $6,762,653 as shown in Exhibit C, attached hereto and incorporated herein by reference. The County and City are responsible for paying the estimated costs designated to each of them in Exhibit C. (a) The County will contribute $1,000,000 toward the cost of the acquisition of the Ranch Properties in exchange for the City granting the Conservation Easement on the Bobcat and Ranch Properties. (b) The City will use the full $1,000,000 towards acquisition of the Eagle Canyon Ranch Property, which acquisition is expected to close in 2022. If for any reason the City is then unable to acquire the Soaring Eagle Ranch Property the County will not be entitled to a refund from the City so long as the City does convey a Conservation Easement to the County on the Eagle Canyon Ranch and Bobcat Ridge properties, which will then be considered the “Bobcat and Ranch Properties.” (c) The City will pay all due diligence costs associated with the fee acquisitions of the Ranch Properties. The parties agree to share the due diligence costs associated with the conveyance of the Conservation Easement from the City to the County on the Bobcat and Ranch Properties. These estimated costs are shown in Exhibit C. (d) If either the City or County determines it is unable to pay its share of any unanticipated costs, they agree to negotiate in good faith to reach a resolution such that the acquisition may be completed. Such resolution may include modifying the amount each party will pay for the unanticipated costs. 3. Within thirty (30) days following acquisition of the Soaring Eagle Ranch Property (or, if the City is not able to acquire it, then no later than June 1, 2023) the City will convey the Conservation Easement on the Bobcat and Ranch Properties to the County. The terms and conditions of the Conservation Easement will be substantially the same as the form conservation easement template attached as Exhibit D which the County and City agree must be completed and revised (including exhibits thereto) subject to approval of both County and City each in their sole and separate subjective discretion prior to the conveyance of the Conservation Easement. EXHIBIT A (a) Conveyance of the Conservation Easement and the Option as defined in paragraph C.1 below, are both subject to prior approval by the Fort Collins City Council in its discretion by final adoption of an ordinance. If the City Council does not pass such an ordinance on second reading on or before April 19, 2022, or if the Council approves such ordinance but within ten (10) days of the passage of the ordinance a notice of protest against the ordinance is filed with the City Clerk of the City of Fort Collins pursuant to Section 2(b) of Article X of the Charter of the City of Fort Collins, then this IGA shall terminate and both parties shall be released from their obligations hereunder and the County shall be entitled to a refund of its contribution towards the City’s purchase of the Ranch Properties. (b) The County will prepare the Conservation Easement instrument covering the entire Bobcat and Ranch Properties, in collaboration with the City. Upon completion of the transaction the County shall submit the Conservation Easement to the Larimer County Clerk and Recorder for recording in the real property records of the County and shall provide a copy of the recorded Conservation Easement to the City upon completion of recording. If the Parties cannot agree on the terms of the Conservation Easement, the County shall be entitled to a refund of its contribution towards the City’s purchase of the Ranch Properties. 4. Following the closing of the fee and conservation easement acquisitions, the City will prepare a summary report similar to Exhibit C showing the exact costs paid by each party. It is not necessarily the parties’ intent that the costs paid by each party will be equivalent to the value of the property interest held by such party. 5. Until such time as the closing and conveyance of the Ranch Properties, the City shall remain the primary negotiator with the landowner. Additionally, the City shall have the discretion to make decisions related to the negotiations including choice of surveyor, title company, and other administrative matters, consistent with this Agreement. The parties shall promptly communicate with each other on any new developments in the negotiations and new material information related to the subject properties and the Conservation Easement acquisition. B. Management of the Ranch Properties 1. The City will manage the Ranch Properties in accordance with management priorities for City Natural Areas properties in a similar geographic location. Within 18 months of Conservation Easement conveyance the City will complete an onboarding planning process for the site and establish management tactics for the site. Subsequent management tactics will be established through a Zone Update to be completed within five years of conveyance. 2. In the event of emergency circumstances requiring immediate response prior to the Montane Zone Update which will be used to guide the management of the Ranch Properties, the City shall be entitled to use reasonable discretion in responding to such circumstances. If possible, the City shall consult with the County in advance of any action being taken. In the event advance consultation is not reasonably possible, the City shall limit its actions to those necessary to address the existing EXHIBIT A emergency and shall make reasonable efforts to inform the County promptly of any such event and chosen course of action. C. Subsequent Sale and/or Transfer of Bobcat and Ranch Properties or Conservation Easement Interests 1. If the City desires to sell all or any portion of its fee interest in the Bobcat and Ranch Properties, the City shall provide written notice to the County of its intention to sell its interest (“Notice of Intent to Sell”). The County shall have a right of first refusal (“Option”) to purchase such interest (“Interest”) for its fair market value. (a) The County shall have 30 days from the date of the Notice of Intent to Sell to notify the City if it is interested in purchasing the Interest. The parties shall then jointly select an appraiser to determine the fair market value of the Interest. The cost of such appraisal shall be split equally between the parties. (b) The County shall notify the City within 30 days following the completion of the appraisal whether it intends to purchase the Interest. The parties shall then work in good faith to negotiate a purchase and sale agreement and any necessary documents for completion of the sale. The Option shall expire if the County does not, within 30 days of the completion of the appraisal, notify the City that it intends to purchase the Interest. (c) If the County timely notifies the City of its intent to purchase, the Option shall nonetheless expire two years after the date of the Notice of Intent to Purchase if the parties, acting in good faith, have not closed on the conveyance of the Interest by that time. (d) If the County declines to purchase the Interest, either before or after having the Interest appraised, the City may then convey the Interest to a third-party as it chooses without compensation to the County, as long as such sale of the Interest is subject to the terms of the Conservation Easement and any other existing encumbrances, restrictions, or conditions applicable to the conveyed property. 2. If the City desires to sell all or any portion of its fee interest in the Bobcat and Ranch Properties, including easements or rights of way, and the County notifies the City of a potential adverse impact of the proposed sale on the remaining interests in the Bobcat and Ranch Properties or the Conservation Easement, the parties agree to negotiate in good faith to resolve the issue prior to the conveyance of such interests, as described in the Conservation Easement. 3. If all or any portion of the Bobcat and Ranch Properties is taken by eminent domain prior to the City’s conveyance of the Conservation Easement to the County, the net proceeds from such disposition shall be divided between the City and the County in the same percentage as their respective contributions to the initial purchase payments for acquiring the property interests taken as defined in Exhibit C. Proceeds from such conveyance shall be subject to the provisions of each party’s respective applicable policies, ordinances, resolutions, and plans. If all or any portion of the Bobcat and Ranch Properties is taken by eminent domain after conveyance of the Conservation Easement, the compensation received for the taking shall be divided between the parties as described in the Conservation Easement. EXHIBIT A 4. If the County wishes to assign the Conservation Easement (including any form of transfer or conveyance) to a third party, it shall provide written notice to the City of its intention to do so and the identity of the proposed assignee (“Notice”). The City shall have thirty (30) days from receipt of the Notice to notify the County of any objection the City has to the proposed assignment and the basis for such objection. If the City raises such an objection, the parties agree to negotiate in good faith to resolve the issue prior to the assignment of the Conservation Easement. Per the terms of the Conservation Easement, the County shall have the authority to assign the Conservation Easement despite objection by the City provided that the County has negotiated in good faith with the City to resolve the objection. The parties understand and acknowledge that if the County assigns the Conservation Easement to a third-party, the County may not receive any payment for such transfer, and neither the County nor the City would be entitled to recover any portion of its initial contribution to the value of the Conservation Easement. D. General Provisions. 1. Each party agrees to execute all additional instruments and documents necessary to effectuate the transactions and purposes described herein, subject to any necessary approvals. 2. This Agreement shall be binding upon and inure to the benefit of the parties’ respective successors and permitted assigns. 3. Financial obligations of the parties payable after the current fiscal year are contingent upon the governing bodies of the parties, in their discretion, appropriating funds sufficient and intended for such purposes. 4. Each party is responsible for its own negligence and that of its officers, employees, and volunteers. Nothing in this Agreement waives the immunities, limits of liability, or other terms and conditions of the Colorado Governmental Immunity Act as now in force or hereafter amended. 5. Any notices required or permitted to be given shall be in writing and personally delivered to the office of the parties hereof, or sent by first class mail, postage prepaid, or by overnight commercial courier, addressed as follows: Katie Donahue Daylan Figgs Natural Areas Director Natural Resources Director City of Fort Collins – Natural Areas Department Larimer County Natural Resources Department PO Box 580, Fort Collins, CO 80522 1800 S County Rd 31, Loveland, CO 80537 kdonahue@fcgov.com dfiggs@larimer.org Any such notice shall be effective (i) in the case of personal delivery or by overnight commercial courier, when the notice is actually received, or (ii) in the case of first-class mail, the third day following deposit in the United States mail, postage prepaid, addressed as set forth above. Any party may change these persons or addresses by giving notice as required above. EXHIBIT A 6. If either party should fail or refuse to perform according to the terms of this Agreement, such party may be declared in default thereof. If a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail itself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non- defaulting party’s reasonable attorney fees and costs incurred because of the default. 7. Nothing in this Agreement shall imply any partnership, joint venture, or other association between the City and the County. Each party shall have sole responsibility for the content and the conduct of its activities. Neither party shall use the other’s name or logo to suggest co- sponsorship or endorsement of any activity without the other’s prior written approval. IN WITNESS WHEREOF, the parties hereto have executed this Intergovernmental Agreement concerning the Bobcat Ridge Expansion Conservation Project, on the day and year first above written. THE CITY OF FORT COLLINS, COLORADO, A Municipal Corporation By: _________________________________ Jeni Arndt, Mayor ATTEST: APPROVED AS TO FORM: City Clerk Senior Assistant City Attorney ____________________________ _________________________________ (print name) (print name) EXHIBIT A BOARD OF COUNTY COMMISSIONERS LARIMER COUNTY, COLORADO By: _________________________________ Chair ATTEST: APPROVED AS TO FORM: Deputy Clerk County Attorney EXHIBIT A EXHIBIT A Legal Description of the Eagle Canyon Ranch Property Parcel 1:SE1/4 of NE 1/4; and E1/2 of SE1/4 of Section 8, Township 6 North, Range 70 West of the 6thP.M., County of Larimer, State of Colorado. EXCEPTING from said SE1/4 of NE1/4 of Section 8 that portion contained in Quitclaim Deed recorded July 7, 2012 at Reception No. 20120045227, records of the Larimer County Clerk and Recorder, County of Larimer, State of Colorado.SE1/4 of NW1/4 and SW1/4 of SE1/4 and SW1/4 and that portion of the NW1/4 of SE1/4 of Section 9, Township 6 North, Range 70 West of the 6th P.M., County of Larimer, State of Colorado described as follows; Beginning at the center corner of said Section 9, thence North 85° 16 minutes 46 seconds East 49.66 feet along the North line of said NW1/4 of SE1/4; thence South 21° 03 minutes 42 seconds East 166.45 feet; thence South 72° 37 minutes 42 seconds East 557.66 feet; thence South 12° 50 minutes 15 seconds East 778.04 feet; thence South 31° 04 minutes 24 seconds East 189.43 feet to the South line of said NW1/4 of SE1/4; thence South 85° 10minutes 22 seconds West 904.54 feet to the West line of said NW1/4 of the SE1/4; thence North 00° 15 minutes 44 seconds West 1304.73 feet along said West line to the center comer of said section, the place of beginning. ALSO, the SW1/4 of the NE1/4, EXCEPT a tract of land more particularly described as follows; Beginning at the NE comer of the SW1/4 of the NE1/4 of said Section 9; thence along the North line of the SW1/4 of the NE1/4 of said Section 9; South 84° 42 minutes 58 seconds West 977.23 feet to the approximate centerline of Buckhorn Road; thence along said approximate centerline of Buckhorn Road the following two (2) courses and distances: South 51° 39 minutes 45 seconds East 128.59 feet; South 44° 13 minutes 04 seconds East 185.03 feet to the beginning of a tangent curve concave to the North having a central angle of 65° 14 minutes 55 seconds and a radius of 291.37 feet; thence continuing along the approximate centerline of Buckhorn Road and Easterly along the arc of said curve 331.81 feet; thence tangent from said curve and continuing along the approximate centerline of said Buckhorn Road the following two courses and distances; North 70° 32 minutes 01 seconds East 410.50 feet; North 61° 04 minutes 27 seconds East 58.06 feet to a point on the East line of the SW1/4 of the NE1/4 of said Section 9; thence along the East line of the SW1/4 of the NE1/4 of said Section 9; North 00° 09 minutes 48 seconds West 209.00 feet to the Point of Beginning. Parcel 2:That portion of the Northwest Quarter of the Northeast Quarter of Section 9, Township 6 North, Range 70 West of the 6th P.M., County of Larimer, State of Colorado, being more particularly described as follows; Considering the West line of the Northwest Quarter of the Northeast Quarter of said Section 9 as bearing North 04°15’36” East and with all bearings contained herein relative thereto; BEGINNING at the Southwest corner of the Northwest Quarter of the Northeast Quarter of said Section 9; thence along the West line of the Northwest Quarter of the Northeast Quarter of said Section 9, North 04°15’36” East337.67 feet, more or less to a point on the approximate centerline of Larimer County Road No. 27 said point being on a non-tangent curve concave to the Southwest, having a central angle of 5°54’17” and a radius of 673.50 feet, the long chord of which bears South 49°40’33” East 69.38 feet; thence Southeasterly along said approximate centerline and along the arc of said curve 69.41 feet; thence tangent from said curve and continuing along said approximate centerline. South 46°43’25” East 418.34 feet, more or less to a point on the South line of the Northwest Quarter of the Northeast Quarter of said Section 9; thence departing said approximate centerline and along the South line of the Northwest Quarter of the Northeast Quarter of said Section 9, South 89°14’30” West 382.58 feet to the Southwest comer of the Northwest Quarter of the Northeast Quarter of said Section 9 and the POINT OF BEGINNING. Parcel 3:That portion of the Northeast Quarter of the Northwest Quarter of Section 9, Township 6 North, Range 70 West of the 6th P.M., County of Larimer, State of Colorado, being more particularly described as follows; EXHIBIT A 01/13/2022 2:00 PM Commitment No.: 459-H0666402-081-NMCConsidering the South line of the Northeast Quarter of the Northwest Quarter of said Section 9 as bearing South 89°10’55” West and with all bearings contained herein relative thereto; BEGINNING at the Southeast comer of the Northeast Quarter of the Northwest Quarter of said Section 9; thence along the South line of the Northeast Quarter of the Northwest Quarter of said Section 9, South 89°10’55” West 997.80 feet; thence departing said South line. North 57°26’55” East 221.02 feet; thence South 70°44’56” East230.37 feet; thence South 63°18’18” East 79.40 feet; thence North 82°56’48” East 393.16 feet; thence North 42°45’52” East 217.63 feet, more or less, to a point on the East line of the Northeast Quarter of the Northwest Quarter of said Section 9; thence along said East line. South 04° 15’36” West 201.66 feet to the POINT OFBEGINNING Legal Description of the Soaring Eagle Ranch Property Lots 51 through 78, and Common Area Lots G and H, Buckhorn Ranch R.L.U.P. 99-RLP 0033, recorded October 21, 2002 at Reception No. 2002111362, and Affidavit of Correction recorded May 25, 2006 at Reception No.20060039005 County of Larimer, State of Colorado, And Residual Lots D and E, Amended Plat of Residual Lot A, Buckhorn Ranch R.L.U.P. 99-RLP-0033 recorded May 8, 2007 at Reception No. 20070034808, County of Larimer, State of Colorado, Also known as: That portion of BUCKHORN RANCH R.LU.P. 99-RLP0033, County of Larimer, State of Colorado, lying Westerly and Southerly of the centerline of Larimer County Road No. 27 (according to the final plat of said BUCKHORNRANCH R.LU.P. 99- RLP0033), being situate in Sections 9 and 10, Township 6 North, Range 70 West of the 6thP.M., County of Larimer, State of Colorado and being more particularly described as follows: Considering the South line of the Southeast Quarter of said Section 9 as bearing North 89°59’57” East and with all bearings contained herein relative thereto: BEGINNING at the Southwest comer of said Section 10; thence along the South line of the Southwest Quarter of said Section 10 South 88°03’02” East 2056.80 feet to a point on the centerline of Larimer County Road No. 27(according to the final plat of said BUCKHORN RANCH R.LU.P. 99-RLP0033); thence departing said Southline of the Southwest Quarter of said Section 10 and along said centerline of Larimer County Rood No. 27 (according to the final plat of said BUCKHORN RANCH R.L.U.P. 99-RLP0033) the following thirteen (13) courses and distances: North 25°54’45” West 177.04 feet; thence North 23°32’16” West 296.20 feet; thence North 21°36’20” We st 325.28 feet; thence North 20°54’19” West 1435.86 feet; thence North 22°20’38” West 2332.68feet; thence to the beginning of a tangent curve concave to the Northeast having a central angle of 20°24’17” and a radius of 2000.00 feet, the long chord of which bears North 12°08’30” West a distance of708.50 feet; thence Northerly along the arc of said curve 712.26 feet; thence tangent from said curve North 01°56’21” West 89.86 feet to the beginning of a tangent curve concave to the South having a central angle of 128°39’07” and a radius of 196.00 feet, the long chord of which bears North 66°15’54” West a distance of 353.30 feet; thence Westerly along the arc of said curve 440.10 feet; thence tangent from said curve South 49°24’32” West 396.07 feet to the beginning of a tangent curve concave to the Southeast having a central angle of 28°44’08”and a radius of 569.00 feet, the long chord of which bears South 35°02’28” West a distance of 282.39 feet; thence South westerly along the arc of said curve 285.37 feet; thence tangent from said curve South 20°40’24” West128.79 feet; thence South 19°36’38” West 573.10 feet to the beginning of a non-tangent curve concave to the Northwest having a central angle of 49°08’00” and a radius of 350.00 feet, the long chord of which EXHIBIT A bears South 42°40’38” West o distance of 274.26 feet; thence Southwesterly along the arc of said curve 281.81 feel, more or less to a point on the West line of the Southeast Quarter of the Northeast Quarter of said Section 9; thence departing said centerline of Larimer County Road No. 27 (according to the final plat of said BUCKHORN RANCH R.LU.P. 99-RLP0033) and along said West line of the Southeast Quarter of the Northeast Quarter of said Section9 South 04°22’34” West 1120.21 feet to the Southwest corner of the Southeast Quarter of the Northeast Quarter of said Section 9: thence along the North line of the Northwest Quarter of the Southeast Quarter of said Section 9 South 89°23’12” West 1305.43 feet; thence departing said North line at the Northwest Quarter of the Southeast Quarter of said Section 9 and along the Westerly lines of said Plat of BUCKHORN RANCH R.LU.P. 99-RLP0033 the following four (4) courses and distances: South 17°20’33” East 156.79 feet; thence South 63°05’22” East 557.72 feet; thence South 08°18’09“ East 777.83 feet; thence South 26°25’21” East 190.12 feet more or less, to a point on the South line of the Northwest Quarter of the Southeast Quarter of said Section 9; thence departing said Westerly lines of said Plat of BUCKHORN RANCH R.LU.P. 99-RLP0033 and along said South line of the Northwest Quarter of the Southeast Quarter of said Section 9 North 89°40’48” East 434.00 feet to the Southeast corner of said Northwest Quarter of the Southeast Quarter of said Section 9; thence along the West line of the, Southeast Quarter of the Southeast Quarter of said Section 9 South 04°49’42” West 1314.38 feet to the Southwest corner of the Southeast Quarter of the Southeast Quarter of said Section 9; thence along the South line of the Southeast Quarter of the Southeast Quarter of said Section 9 North 89°59’57” East 1327.45 feet to the Southwest corner of said Section 10 and the POINT OF BEGINNING.EXCEPTING THEREFROM that portion conveyed to McBlair Ranch LLC, a Colorado limited liability company by Quitclaim Deed recorded July 9, 2012 at Reception No. 20120045226 and that portion contained in Deed of Dedication recorded July 1, 2014 at Reception No. 20140035134 EXHIBIT A EXHIBIT B Legal Description of Bobcat Ridge Natural Area Being portions of land situated in Sections 15, 16, 17, 18, 20, 21, 22 and 27, Township 6 North, Range 70 West of the 6th P.M., County of Larimer, State of Colorado EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A