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HomeMy WebLinkAbout008 - 01/19/2016 - AUTHORIZING THE RELEASE OF A COVENANT ON THE MURPHY CENTER PROPERTY ORDINANCE NO. 008, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE RELEASE OF A COVENANT ON THE MURPHY CENTER PROPERTY WHEREAS, in 2004 the City of Fort Collins and United Way of Larimer County ("United Way") entered into a Recipient Contract for Community Development Block Grant ("CDBG") Funding (the "Contract") for the acquisition of land described as Lot 2, A Minor Sub of Conifer Industrial Park (the "Conifer Property"), as the future site of a facility now known as the Sister Mary Alice Murphy Center for Hope ("the Murphy Center"); and WHEREAS, the Contract provided for a distribution by the City to United Way of a due on sale loan in the amount $70,500, plus 5% simple interest on the principal (the "Loan"), made available to the City from the United States Government under Title I of the Housing and Community Development Act of 1974, and secured by a Promissory Note and Deed of Trust in favor of the City on the Conifer Property dated January 21, 2005; and WHEREAS, in 2007 the Conifer Property was replatted, and the City agreed to release the 2005 Promissory Note and Deed of Trust in exchange for a new Promissory Note and Deed of Trust dated August 21, 2008, encumbering a portion of the former Conifer Property described as Lot 2, United Way Housing Services Day Center(the "Murphy Center Property"); and WHEREAS, in 2013, with the City's consent and cooperation, United Way transferred the Murphy Center Property to Serve 6.8, a Colorado nonprofit corporation ("Serve 6.8"); and WHEREAS, as part of this transfer the City permitted Serve 6.8 to assume the Loan and the Contract from United Way, on condition that Serve 6.8 execute a Memorandum of Understanding and Covenant, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference (the "Covenant"); and WHEREAS, the purpose of the Covenant was to help the City ensure that Serve 6.8 -complied with the federal requirements associated with the Contract and Loan by requiring Serve 6.8 to use the Murphy Center Property solely for the purpose of case management and a range of related services for community members who are experiencing homelessness, or who are at risk of becoming homeless, with a majority (51%) of clients being provided direct services falling below 80% of Iocal Area Median Income, and 100% of the services provided being CDBG- eligible, public service activities as described in 24 CFR 570.201(e); and WHEREAS, the Covenant also says that SERVE 6.8 may not allocate office or administrative space at the Murphy Center,to any entity other than the entity responsible for daily operations of the Murphy Center, or agencies providing on-site, direct services to clients, nor permit the use of such space for any purpose other than the daily operation of the Center or the provision of allowable, on-site direct services, and it requires the consent of the City and United Way to any future transfers of the Murphy Center Property; and . WHEREAS, on December 6, 2015, Serve 6.8, with the City's consent, transferred the Murphy Center'Property to Murphy Center LLC, a new, single-member LLC formed by the Bohemian Foundation (the "LLC"); and WHEREAS, as part of the conveyance by Serve 6.8 the Loan was paid off, the 2008 Deed of Trust on the Murphy Center Property was released, and the Contract terminated; and WHEREAS, because the requirements of the Loan and the Contract no longer apply to the Murphy Center Property, the LLC would like the.City to release the Covenant, as it is an interest in real property that encumbers the LLC's title to the Murphy Center Property; and WHEREAS, City staff has no objection to releasing the Covenant as its purpose has been served, and removing the Covenant will relieve City staff from the time and cost associated with monitoring the LLC for compliance with the requirements of the Covenant; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey or otherwise dispose of any interest in real property owned by 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 City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That.the City Council hereby finds that the City's release of the Covenant on the Murphy Center Property as described herein is in the best interests of the City. Section 3. That the City Manager is hereby authorized to execute a release of the Covenant in a form that the City Manager, in consultation with the City Attorney, determines is necessary or appropriate to protect the interests of the City and effectuate the purposes of this Ordinance. Introduced, considered favorably on first reading, and ordered published this 5th day of January, A.D. 2016, and to be presented for final passage on the 19th day of:January, A.D. 2016. f ORr Col Mayor ATTEST: °� '•�'2�, ' V. SF,Nu 0 City Clerk ti Passed and adopted on final reading'on the 19th day of January, A.D. 2016. ayor ATTEST: �pfr pORfr0 SEAL UV • City Clerk ORAp0 s 1 c RECEPTION#: 20130051461, 07/05/2013 at 02:33:49 PM, 1 OF 5, R $31.00 TD Pgs: 0 Angela Myers, Clerk & Recorder, Larimer County, CO EXHIBIT A WHEN RECORDED RETURN TO- City of Fort Colfins, Social Sustainability Department P.O.Box 580 Fort Collins,CO 80522 MEMORANDUM OF UNDERSTANDING AND COVENANT This Memorandum of Understanding and Covenant("Memorandum")is made and entered into this day of-_ 7uHe ,2013,by and between THE CITY OF FORT COLLINS,COLORADO, a Colorado municipal corporation(the"City"), and SERVE 6.8,INC.,a Colorado non-profit corporation. RECITALS 1. The City of Fort Collins uses its CDBG Entitlement Grant in accordance with regulations and priorities established by the United States Department of Housing and Urban Development(HUD),which has recognized the challenge of addressing the unmet needs of the chronically homeless as a top national priority. 2. The City of Fort Collins, SERVE 6.8,local human services agencies, and other community partners,iricluding the City's faith partners,all desire to effectively address the needs of those who are either experiencing or are at risk of homelessness in our community. 3. The City of Fort Collins and United Way of Larimer County,Inc. ("United Way") previously entered into a Recipient Contract for Community Development Block Grant (CDBG)Funding dated December 22,2004, and as amended on August 19,2008 (the "Contract"-), which provided for the acquisition of land(Lot 2, A Minor Sub of Conifer Industrial Park)(the"Conifer Property"),as the future site of a facility now known as the Sister Mary Alice Murphy Center for Hope("the Center"). 4. The Contract provided for a distribution by the City to United Way of a due on sale loan in the amount$70,500,plus 5%simple interest on the principal(the"Loan made available to the City from the United States Government under Title I of the Housing and Community Development Act of 1974. The Loan was initially secured by a .Promissory Note and Deed of Trust in favor of the City on the Conifer Property and dated January 21,2005. 5. In 2007 the Conifer Property was replatted,and the City agreed to release the 2005 Promissory Note and Deed of Trust in exchange for a new Promissory Note and Deed of Trust in favor of the City and encumbering a portion of the former Conifer Property(the"United Way Property")dated August 21,2008 and recorded in the records of the Larimer County, Colorado Clerk and Retorder on October 14,2008 at Reception No. 20080065042. The 2005 Deed of Trust was released on May 31,2013,and such release was recorded in the records of the Larimer County, Colorado Clerk and Recorder 1 - RECEPTION#: 20130051461, 07/05/2013 at 02:33:49 PM, 2 OF 5, Angela Myers, Clerk & Recorder, Larimer County, CO r , on June 3, 2013 at Reception No. 20130041602. The United Way Property is more particularly described as Lot 2, United Way Housing Services Day Center,FTC (20080010574), Parcel#97013-24-002. 6. The Center is currently operated by Touchstone Health Partners, Inc., and houses multiple agency representatives,who provide case management and a related range of services for those who are either experiencing homelessness,or who are at risk of becoming homeless,and who are seeking to improve their life situation. 7. United Way's ownership and use of the Center: (a) meets a national objective for purposes of CDBG funding by annually serving at least 51%of low-and moderate- income citizens whose household income is less than 80%of the Area Median Income (AMI); (b)involves the provision of 100%of direct services which are CDBG�ligible activities, as referenced in 24 CFR 570.201 (e);and(c)meets priorities cited in the City's 2010-2014 Consolidated Plan. 8. SERVE 6.8 is its own 501(c)3 non-profit organization, and is the local missions and outreach strategy of Timberline Church. Timberline Church has a respected history of community outreach and financial and volunteer support of strategic community partners,including the Murphy Center. 9. Since both the City and United Way are desirous of title to the United Way Property being more appropriately held by an entity whose mission is to work in partnership with others to address the complex needs and service provision standards for the client population being served at the Center,United Way of Larimer County has agreed to convey the United Way Property to SERVE 6.8; and 10. SERVE 6.8 has shown evidence of financial and administrative capacity to assume ownership and operations of the United Way Property and the Center;and 11. Under the terms of the 2008 Promissory Note,the sale of the United Way Property would require immediate repayment of the Loan; however,the City is interested in remaining as a good community partner by continuing to be a funder in the Center with the new owner,SERVE 6.8. 12.. The Board of Directors and staff of SERVE 6.8 agree to use the United Way Property in accordance with federal requirements concerning faith-based organizations, including non-discrimination on the basis of religion in the provision of services, pursuant to Section 109,of Title I of the Housing and Community Development Act of 1974,and not using the United Way Property for inherently religious activities,such as worship,religious instruction,or proselytization as part of the programs or services provided at the Center,as required by 24 CFR 570.2000). 2 RECEPTION#: 20130051461, 07/05/2013 at 02:33:49 PM, 3 OF 5, Angela Myers, 'Clerk & Recorder, Larimer County, CO _ ` t i NOW, THEREFORE,in consideration of the mutual promises of the parties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. The City will permit SERVE 6.8 to assume the 2008 Promissory Note and Deed of Trust from United Way and release United Way from any obligation thereunder on the terms and conditions described herein. Such assumption shall be in a form acceptable to the City. 2. SERVE 6.8 will use the Center solely for the purpose of case management and a range of related services for community members who are experiencing homelessness, or who are at risk of becoming homeless. It is understood and agreed to that in the future services may be expanded to serve a broader representation of low-and moderate-income clients. At all times,however, a majority(51%)of clients being provided direct services must fall below 80%of local Area Median Income, and 100%of the services provided must be CDBG-eligible,Public Service'activities as referenced in 24 CFR 570.201 (e) . 3. SERVE 6.8 shall not allocate office or administrative space at the Center to any other entity other that the entity responsible for daily operations of the Center, or agencies providing on-site,direct services toblients,nor permit the use of such space for any purpose other than the daily operation of the Center or the provision of allowable,on- site direct services. 4. Any future sale or transfer of any interest in the United Way Property must be approved by United Way and the City prior to any such sale or transfer or any contracting therefor. 5. The terms and conditions of this Memorandum may be modified only by a written amendment signed by both parties. . 6. A default by SERVE 6.8 under the terms of this Memorandum will constitute an event of default under the 2008 Deed of Trust. 7. The parties hereto agree that United Way is a third-party beneficiary under this agreement and shall have all of the rights described and allocated herein to United Way notwithstanding the fact that United Way has not executed this Memorandum of Understanding. 8. The rights and obligations of the parties hereto(and United Way)touch and concern the United Way Property and shall constitute covenants running with the United Way Property. IN WITNESS WHEREOF,the parties have executed this agreement the day and year first above written. 3 RECEPTION#: 20130051461, 07/05/2013 at 02:33:49 PM, 4 OF 5, Angela Myers, Clerk 6 Recorder, Larimer County, CO CITY: CITY OF FORT COLLINS,COLORADO A Colorado municipal corpo atio Darin A.Atteberry,City a ATTEST: +off FaRr�o ity Clerk •f Approved as to Form: c Sr. Assi ant Ci Attorney 4 RECEPTION#: 20130051461, 07/05/2013 at 02:33:49 PM, 5 OF 5, Angela Myers, Clerk & Recorder, Lari.mer County, CO SERVE 6.8,INC. A Colorado non-profit corporation By: President,/ AZ} Corp rate Secretary 5 Account#: FTC-003160 FORT•COLLINS Invoice Text NOTICE 1S HEREBY GIVEN that the Fort Collins City Council,on I STATE OF COLORADO ) ss: AFFIDAVIT OF PUBLICATION COUNTY OF LARIMER ) Andrew Troncoso ,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that the same is a daily newspaper of general circulation and printed and published in the City of Fort Collins, in said county and state;that the notice or advertisement,of which the annexed is a true copy, has been published in said daily newspaper for 1 Day; that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the issue of said newspaper on Sunday,January 24,2016 that the last publication thereof was contained in the issue of said newspaper on Sunday,January 24,2016 that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at least six months next prior to the first publication of said notice or advertisement above referred to;that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. Legal Clerk Subscribed and sworn to before me,within the County of Larimer,State of Colorado this Monday,January 25,2016 LADONNAMARYpCgOLORCO NOTARY PUBLIC-STATEMy Commission expires September 3,2019 My Identlfic fon li 20EVIresSeptenlW Notary Public Legal No.0001000903 Delivered to: CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE Affidavit Prepared FORT COLLINS,CO 80521 Monday,January 25.2016 10:19 am Legal Notices GRANT REVENUE IN THE GENERAL FUND FOR THE FORT COLLINS POLICE SERVICES VICTIM SERVICES UNIT ORDINANCE NO.004,2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 17 OF THE CODE OF THE CITY OF FORT COLLINS TO ESTABLISH AN OFFENSE FOR UNDERAGE POSSESSION OR CONSUMPTION OF ETHYL ALCO- HOL ORDINANCE NO.005,2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 17 OF THE CODE OF THE COLLINS CITE IF: FORT TO BRING THE EXISTING UNDER- AGE CODE OFFENSES FOR POSSES. MARI- JUANA RINTONSUMPTION CONFORMITOY WITH STATE LAW WITH ORDINANCE NO.006,2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS AND THE FORT COLLINS STORMWATER CRITERIA MANUAL TO MODIFY THE CRITERIA FOR UN- DERGROUND DETENTION SYSTEMS ORDINANCE NO. O 007,2016 OF THE COUNCIL F THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS NOTICE IS HEREBY GIVEN that the AND THE FORT Fort Collins City Council, TO MODIFY CRITERIA MANUAL January 19, 2016, on Tuesday, TO MODIFY PROVISIONS IMPLE. the following ordinances as ride oind MENTING reading: LOW IMPACT DEVELOPMENT PRIN. CIPLES OFOTHE COUNCIL NANCE NO. lOF 1THE CITY OFORT COLLINSF OF TDIHE COUNCIL 80F 1THE CITY OF APPROPRIATING REVENUE IN THE AUTHORIZING THE RELEASE OF A COMMUNITY CAPITAL FORT COLLINS IMPROVEMENT FUND FOR INITIA- COVENANT ON TION OF THE VARIOUS 2016 AP- THE MURPHY CENTER PROPERTY PROVED PROJECTS, TRANSFER- RING A PORTION OF THAT APPRO. ORDINANCE NO.009,2016 PRIATION TO THE CAPITAL PROD- OF THE COUNCIL OF THE CITY ECTS FUND AND A PORTION OF FORT COLLINS THEREOF TO THE CULTURAL SERV- DECLARING CERTAIN CITY-OWNED ICES AND FACILITIES FUND FOR PROPERTY ON THE ART IN PUBLIC PLACES PRO- RUNNING DEER NATURAL AREA AS GRAM CONTRIBUTIONS ASSOCIAT- ROAD RIGHT-OF-WAY ED WITH THE 2016 APPROVED PROJ- ECTS ORDINANCE NO.010,2016 OF THE COUNCIL OF THE CITY OF ORDINANCE NO.002,2016 FORT COLLINS OF THE COUNCIL OF THE CITY OF AMENDING SECTION 15-620 OF THE FORT COLLINS CODE OF THE CITY OF FORT APPROPRIATING UNANTICIPATED COLLINS FROMGRAN THEENUE CONGESTION MITIGq. RELATED TO RETAIL MARIJUANA TION AND AIR QUALITY ESTABLISHMENTS' HOURS OF OP_ GRANT FOR THE ERATION FLEX REGIONAL EXTENSION OF The full text of these ordinances can be ROUTE SERVICE found at AND AUTHORIZING EXECUTION OF hfip://fcg0v.Cam/IMPLEMENTING INTERGOV or by calling the City Clerk's bloffice tcat MENTAL AGREEMENTS ERN- 970-221-6515. CITY MANAGER BY THE ORDINANCE NO.003,2016 1000903 OF THE COUNCIL OF THE CITY OF Coloratloan FORT COLLINS Jan 24,2016 APPROPRIATING UNANTICIPATED J Account#: FTC-003160 CO FORT-COLLINS Invoice Text OAN NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on I STATE OF COLORADO ) )ss: AFFIDAVIT OF PUBLICATION COUNTY OF LARIMER ) Andrew Troncoso being duly sworn, deposes and says that said is the legal clerk of the Fort Collins Coloradoan; that the same is a daily newspaper of general circulation and printed and published in the City of Fort Collins, in said county and state; that the notice or advertisement, of which the annexed is a true copy,has been published in said daily newspaper for I Day; that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the issue of said newspaper on Sunday,January 10,2016 that the last publication thereof was contained in the issue of said newspaper on Sunday,January 10,2016 that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at least six months next prior to the first publication of said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. Legal Clerk Subscribed and sworn to before me,within the County of Larimer,State of Colorado this Monday,January 11,2016 IADONNAMARYLANIAR NOTARY PUBLIC-STATE OF COLORADO My Commission expires September 3,2019 My Idenfikation#201540MM Expires September 3,2019 Notary Public Legal No.0000971092 Delivered to: CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE Affidavit Prepared FORT COLLINS,CO 80521 Monday,January 11,2016 11:15 am —your eSo-Source ,W I Legal Notices STORMWATER CRITERIA MANUAL TO MODIFY PROVISIONS IMPLE. for the latest... MENTING LOW IMPACT DEVELOPMENT PRIN- CIPLES Legal NoticesORDINANCE NO.008,2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS NOTICE IS HEREBY GIVEN that the AUTHORIZING THE RELEASE OF A Fort Collins City Council, on Tuesday, COVENANT ON January 5,2016, passed and adopted the THE MURPHY CENTER PROPERTY following ordinances on first reading. These ordinances will be presented for ORDINANCE NO.009,2016 final passage on January 19,2016: OF THE COUNCIL OF THE ORDINANCE NO.001,2016 CITY OF FORT COLLINS OF THE COUNCIL OF THE CITY OF PROPERTY GONERTAIN CITY-OWNED FORT COLLINS RUNNING DEER NATURAL AREA AS APPROPRIATING REVENUE IN THE ROAD RIGHT-OF-WAY COMMUNITY CAPITAL IMPROVEMENT FUND FOR INITIA- ORDINANCE NO.010,2016 TION OF THE VARIOUS 2016 AP- OF THE COUNCIL OF THE CITY PROVED PROJECTS, TRANSFER- FORT COLLINS OF RING A PORTION OF THAT APPRO- AMENDING SECTION 15-620 OF THE PRIATION TO THE CAPITAL PROD- CODE OF THE CITY OF FORT ECTS FUND AND A PORTION COLLINS THEREOF TO THE CULTURAL SERV- RELATED TO RETAIL MARIJUANA ICES AND FACILITIES FUND FOR ESTABLISHMENTS' HOURS OF OP- THE ART IN PUBLIC PLACES PRO- ERATION GRAM CONTRIBUTIONS ASSOCIAT. ED WITH THE 2016 APPROVED PROD- The full text of these ordinances can be ECTS found at http://fcg0v.COM/PublicnoticLs or by calling the City Clerk's Office at ORDINANCE NO.002,2016 OF THE COUNCIL OF THE CITY OF 970-227-6515. FORT COLLINS 971092 APPROPRIATING UNANTICIPATED Coloradoan GRANT REVENUE Jan 10,2015 FROM THE CONGESTION MITIGA- TION AND AIR QUALITY GRANT FOR THE EXTENSION OF FLEX REGIONAL ROUTE AND AUTHORIZING SERVICE EXECUTION OF IMPLEMENTING INTERGOVERN- MENTAL AGREEMENTS BY THE CITY MANAGER ORDINANCE NO.003,2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE GENERAL FUND FOR THE FORT COLLINS POLICE SERVICES VICTIM SERVICES UNIT ORDINANCE NO.00,1,2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 17 OF THE Fin • CODE OF THE CITY OF FORT COLLINS TO ESTABLISH AN OFFENSE FOR UNDERAGE POSSESSION local OR CONSUMPTION OF ETHYL ALCO- HOL ORDINANCE NO.005,2016 OF THE COUNCIL OF THE CITY OF events FORT COLLINS AMENDING CHAPTER 17 OF THE CODE OF THE CITY OF FORT COLLINS TO BRING THE EXISTING UNDER- AGE CODE OFFENSES FOR POSSES- SION OR CONSUMPTION OF MARI- JUANA INTO CONFORMITY WITH STATE LAW ORDINANCE NO,006,2016 OF THE COUNCIL OF THE CITY OF YOUR VOICE. FORT COLLINS ' 1 AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS LOG ON TODAY AND THE FORT COLLINS STORMWATER CRITERIA MANUAL TO MODIFY THE CRITERIA FOR UN- DERGROUND DETENTION SYSTEMS ORDINANCE NO.007,2016 OF THE COUNCIL OF THE CITY OF • • • • i FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS AND THE FORT COLLINS