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HomeMy WebLinkAbout2022-028-02/15/2022-Authorizing the mayor to execute an intergovernmental agreement with Larimer county to partner on thr RESOLUTION 2022-028 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY TO PARTNER ON THE PURCHASE OF A CONSERVATION EASEMENT ON A 428 ACRE RANCH WITHIN THE LARAMIE FOOTHILLS -MOUNTAINS TO PLAINS PROJECT AREA WHEREAS,to meet shared land conservation goals,the City and Larimer County (“County”)have been working together since 2003 to conserve land in the Laramie Foothills Mountains to Plains Conservation Area,including the Red Mountain Open Space (“Red Mountain”)directly west of the City’s Soapstone Prairie Natural Area;and WHEREAS,in 2020 Larimer County (the “County”)was awarded $812,475 in Great Outdoors Colorado (GOCO)grant funds to acquire,in partnership with the City,fee title and conservation easements to parcels of real property known as Hawk Canyon Ranch,West Red Mountain Ranch,South Red Mountain Ranch,and Green Valley Ranch (the “2020 Expansion Properties”);and WHEREAS,on September 15,2020,the City Council adopted Resolution 2020-084 authorizing an intergovernmental agreement between the City and County regarding the joint purchase of the 2020 Expansion Properties along with an additional property not funded by GOCO called Boxelder (the “2020 IGA”),and the parties thereafter executed the 2020 IGA;and WHEREAS,under the terms of the 2020 IGA the County planned to acquire ownership of the Hawk Canyon and Boxelder properties and the City would hold conservation easements on both properties,and the County would also acquire conservation easements on the West Red Mountain,South Red Mountain and Green Valley properties;and WHEREAS,the City agreed to contribute to the costs of acquiring all five properties and, in addition to the two conservation easements,the City would receive a right of first refusal if the County ever chose to convey away any of its interests in the five properties;and WHEREAS,Larimer County has acquired the fee interest in Hawk Canyon Ranch and conveyed a conservation easement on the property to the City of Fort Collins,and the Parties shared the acquisition costs and transaction costs associated with the fee acquisition and conveyance of the conservation easement to Fort Collins as described in the 2020 IGA;and WHEREAS,Larimer County has acquired a conservation easement on the West Red Mountain Ranch property and the Parties shared the acquisition costs and transaction costs associated with the County’s acquisition of the conservation easement as described in the 2020 IGA;and WHEREAS,Larimer County was not able to acquire the Boxelder Property,or to obtain conservation easements,as planned,on the South Red Mountain Ranch and Green Valley Ranch properties;and r WHEREAS,Larimer County applied for a GOCO Open Space Land Acquisition Substitution Request,to use GOCO finds remaining from the 2020 IGA to fund the County’s acquisition of a conservation easement on property known as the QCLH Ranch,comprised of approximately 428 acres;and WHEREAS,GOCO has approved funding in the amount of $144,475.00 to be applied to the County’s acquisition of a conservation easement on the QCLH Ranch,estimated to cost $1,200,000,plus due diligence and closing costs;and WHEREAS,the City wishes to collaborate with the County on the costs and responsibilities of conserving the QCLH Ranch by contributing $526,762.50 to the acquisition costs of the conservation easement;and WHEREAS,the City’s portion of the funds has already been appropriated and is available for expenditure in the Natural Areas Fund;and WHEREAS,the City and County have negotiated a proposed intergovernmental agreement regarding the proposed acquisition,a draft of which is attached hereto as Exhibit “A”and incorporated herein by reference (the “2022 IGA”);and WHEREAS,under the terms of the 2022 IGA the City would have a right of first refusal to purchase the conservation easement on the QCLH Ranch should the County ever wish to sell or transfer it,as well as the right to a proportional share of the proceeds if the conservation easement or any portion of it is ever sold or condemned;and WHEREAS,at its regular meeting on February 9,2022,the Land Conservation and Stewardship Board voted to recommend that the City Council approve the IGA;and WHEREAS,Larimer County Open Lands staff intend to present the proposed arrangement to the Board of County Commissioners on February 15,2022;and WHEREAS,the proposed collaboration with the County,as documented in the IGA,meets the criteria of the Natural Areas Department’s Land Acquisition Partnership Guidelines;and WHEREAS,the 2022 IGA states that upon its execution the 2020 IGA will terminate with respect to the City and County’s obligations regarding the three property interests the County could not acquire,but that ongoing obligations regarding the properties that were acquired will continue; and WHEREAS,Article II,Section 16 of the City Charter empowers the City Council,by ordinance or resolution,to enter into contracts with governmental bodies to furnish governmental services and make charges for such services,or enter into cooperative or joint activities with other governmental bodies;and WHEREAS,Section 29-1-203 of the Colorado Revised Statutes provides that governments may cooperate or contract with one another to provide certain services or facilities when such cooperation or contracts are authorized by each party thereto with the approval of its legislative body or other authority having the power to so approve;and WHEREAS,the City Council has determined that entering into the IGA with the County to acquire the QCLH Ranch conservation easement is in the best interests of the City. NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1.That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2.That the City Council hereby authorizes the Mayor to execute the IGA, pursuant to which the City will pay the County a portion of its costs for acquiring a conservation easement on the QCLH Ranch,and in exchange the County will grant the City a right of first refusal over the conservation easement,in substantially the form attached hereto as Exhibit “A,” together with such modifications and additions as the City Manager,in consultation with the City Attorney,determines are necessary or appropriate to protect the interests of the City or further the purposes of this Resolution,as set forth above. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th day of February,A.D.2022. ATTESTS / City lerk r r EXHIBIT A Draft 2/8/2022 INTERGOVERNMENTAL AGREEMENT CONCERNING THE LARAMIE FOOTHILLS QCLH 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 Plan that certain lands in the Laramie Foothills —Mountains to Plains Conservation Area (“Conservation Area”)are important to be conserved through various means such as fee acquisition,conservation easements,and regulatory measures;and WHEREAS,the parties have historically worked cooperatively to conserve lands within the Conservation Area,provide limited public recreation,and protect and promote the quality of life, wildlife,the natural environment and the character of the region;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 to protect approximately 428 acres with a conservation easement,as described in Exhibit A;and WHEREAS,Larimer County was awarded in 2020,$812,475 in Great Outdoors Colorado (GOCO) grant funds to acquire,in partnership with the City,fee title and conservation easements to parcels of real property located in the County of Larimer,State of Colorado known as Hawk Canyon Ranch,West Red Mountain Ranch,South Red Mountain Ranch,and Green Valley Ranch parcels (“Laramie Foothills 2020 Expansion Properties”);and WHEREAS,Larimer County and the City of Fort Collins entered into the Intergovernmental Agreement Concerning the Laramie Foothills 2020 Expansion Project (the “2020 IGA”),recorded at Reception Number 20210011409 of the Larimer County records,which describes the sharing of costs and responsibilities for the acquisition,ownership,improvement and management of the Laramie Foothills 2020 Expansion Properties,as well as an additional parcel not funded by GOCO (the “Boxelder Property”);and r r EXHIBIT A Draft 2/8/2022 4.The County will prepare the deed of conservation easement instrument (‘Deed). The County shall submit the Deed,upon completion of the transaction,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 Deed to the City upon completion of recording. 5.After acquiring the Conservation Easement,the County will prepare a summary report similar to Exhibit B,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. 6.Until such time as the closing and conveyance of the Conservation Easement, Larimer County shall remain the primary negotiator with the landowner.Additionally,the County 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 property and the Conservation Easement acquisition. 7.Upon the execution of this Agreement,the 2020 IGA shall terminate with respect to the purchase of the conservation easements on the South Red Mountain Ranch and Green Valley Ranch properties and the purchase of the fee interest in the Boxelder Property.The parties’ ongoing obligations under the 2020 IGA regarding the Hawk Canyon Ranch Property and West Red Mountain Ranch Property shall continue. B.ManagementoftheQCLH Ranch Property 1.The private property will remain under the management of the landowner.Larimer County will steward and monitor the Conservation Easement. C.Subsequent Sale and/or Transfer of the Conservation Easement Interest 1.If the County desires to sell all or any portion of the Conservation Easement the County shall provide written notice to the City of its intention to sell its interest (“Notice of Intent to Sell”). The City shall have a right of first refusal (“ROFR”)to purchase such interest (“Interest”)for its fair market value.The City shall have 30 days from the date of the Notice of Intent to Sell to notify the County 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.The City shall notify the County 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 ROFR shall expire if the City does not,within 30 days of the completion of the appraisal,notify the County that it intends to purchase the Interest.If the City timely notifies the County of its intent to purchase,within 30 days of the completion of the appraisal,the ROFR shall nonetheless expire two years after the date of the Notice of Intent to Purchase if the parties have not closed on the conveyance of the Interest by that time. r EXHIBIT A Draft 2/8/2022 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. 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 often (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 QCLH Project,on the day and year first above written. THE CITY OF FORT COLLINS,COLORADO, A Municipal Corporation ArrEST:APPROVED AS TO FORM: City Clerk Senior Assistant City Attorney (print name)(print name) C EXHIBIT A Draft 2/8/2022 EXHIBIT A (Page 1 of 2) Legal Description of the Conservation Easement A TRACT OF LAND SITUATE IN THE WEST 1/2 SECTION 30,AND IN THE WEST 1/2 OF SECTION 31,ALL IN TOWNSHIP 10 NORTH,RANGE 70 WEST OF SIXTH P.M., COUNTY OF LARIMER,STATE OF COLORADO,WHICH CONSIDERING THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 31 AS BEARING S00 0538W AND WITH ALL BEARING CONTAINED HEREIN RELATIVE THERETO,IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT POINT ON THE WEST LINE OF THE NORTHWEST 1/4 SAID SECTION 30,WHICH BEARS S00°32’42”E 1320.29 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 30,AND RUN THENCE N88°04’39”E 2709.41 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST 14 OF SAID SECTION 30;THENCE ALONG SAID EAST LINE,S00°24’25”E 1328.65 FEET TO THE CENTER 1/4 CORNER OF SAID SECTION 30;THENCE ALONG THE EAST LINE OF THE SOUTHWEST 1 4 OF SAID SECTION 30,S00°24’25”E 2639.77 FEET TO THE SOUTH 1/4 CORNER OF SAID SECTION 30;THENCE ALONG THE NORTH LINE OF THE NORTHEAST 1 4 OF THE NORTHWEST 1/4 OF SAID SECTION 31,S88°04’30”W 1349.93 FEET TO THE WEST 116 CORNER ON THE NORTH LINE OF SAID SECTION 31;THENCE ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST OF SAID SECTION 31,S00 2I’45”W 1325.86 FEET TO THE NORTHWEST 1/16 CORNER OF SAID SECTION 31;THENCE ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 31,N88°21’46”E 1356.06 FEET TO THE CENTER-NORTH 1/16 CORNER OF SAID SECTION 31;THENCE ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 31,S00°05 I 8”W 1332.43 FEET TO THE CENTER ¼CORNER OF SAID SECTION 31;THENCE ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 31,S00°05’38”W 60.32 FEET TO THE EXISTING CENTERLINE OF COUNTY ROAD 74E;THENCE ALONG SAID CENTERLINE,N86 45’21”W 414.88 FEET,AND AGAIN S88 19’I6”W 452.92 FEET,AND AGAIN N85°57’26”W 469.78 FEET,AND AGAIN N85°24’44”W 447.88 FEET,AND AGAIN S88°40’25”W 450.01 FEET,AND AGAIN N 86°1 5’54”W 491.57 FEET TO A POINT ON THE NORTHWEST 1/4 SAID SECTION 31;THENCE ALONG SAID WEST LINE,N00°3822”E 2533.89 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 30;THENCE ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF SECTION 30,N00°32’42”W 2644.30 FEET TO THE WEST 1/4 CORNER OF SAID SECTION 30;THENCE ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 30,N00°32’42”W 1324.01 FEET TO THE POINT OF BEGINNING AND THAT PART OF THE NE 1/4 OF SECTION 36,TOWNSHIP 10 NORTH,RANGE 71 WEST OF THE 6TH P.M.,COUNTY OF LARIMER,STATE OF COLORADO,LYING NORTH OF LARIMER COUNTY ROAD 74E AND EAST OF LARIMER COUNTY ROAD 37, LESS AND EXCEPT A TRACT DESCRIBED IN BOOK 1591 AT PAGE 438,PUBLIC RECORDS OF LARIMER COUNTY,COLORADO r r EXHIBIT A Draft 2/8/2022 EXHIBIT B QCLSH Ranch —Conservation Easement Larimer County Fort Collins GOCO Total Acquisition Costs CE Acquisition $528,762.50 $526,762.50 $144,475.00 $1,200,000.00 Appraisal $23,720.00 --$23,720.00 Closing Costs $1,000.00 --$1,000.00 Environmental Assessment $3,200.00 --$3,200.00 Mineral Remoteness Opinion $2,000.00 --$2,000.00 Surveys $1,947.00 --$1,947.00 TOTALS $560,629.50 $526,762.50 $144,475.00 $1,231,867.00