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HomeMy WebLinkAbout064 - 06/04/1991 - AUTHORIZING AN AGREEMENT FOR THE FINANCING BY LEASE PURCHASE OF REAL PROPERTY AND IMPROVEMENTS LOCAT ORDINANCE NO. 64, 1991 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR THE FINANCING BY LEASE PURCHASE OF REAL PROPERTY AND IMPROVEMENTS LOCATED AT 2554 MIDPOINT DRIVE FORT COLLINS, COLORADO WHEREAS, the City is authorized under the provisions of Title 31 , Article 15, Part 8, C.R.S. , to acquire necessary land, buildings, equipment and other property for its governmental and proprietary purposes under the provisions of a long-term rental or leasehold agreement with an option to purchase such land or property and to provide for the payment of said land or property from any available municipal income; and WHEREAS, Dean Crockett Pitcairn is the owner of the following described real property and improvements located at 2554 Midpoint Drive, Fort Collins, Colorado: Lot 20, Prospect Industrial Park, in the City of Fort Collins, according to the recorded plat thereof, County of Larimer, State of Colorado, hereinafter referred to as the "property" ; and WHEREAS, the City is negotiating with Norwest Investment Services, Inc. , to lease the property to the City; and WHEREAS, the City Council has determined that the City is in need of the property in order that it may be used by Police Services as a training facility and shooting range and that such use furthers the governmental purpose of providing for the public health, safety and welfare; and WHEREAS, the City Council has determined that it is in the best interest of the City to lease the property from Norwest Investment Services, Inc. , which is also providing financing for the acquisition of said property; and WHEREAS, the City desires to enter into a lease purchase agreement with respect to the leasing and financing of said property; and WHEREAS, the City Council has determined that the lease payments in the sum of Twelve Thousand Three Hundred Fifty-One and 82/100 Dollars ($12,351 .82) per quarter are reasonable and proper and represent the fair rental value of the subject property and sufficient funds to make such lease payments are appropriated and available for expenditure in the budget of Police Services. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1 . That the City Manager be, and hereby is, authorized to enter into a lease purchase agreement with Norwest Investment Services, Inc. , for the above-described property in accordance with the following terms and provisions: A. The agreement shall be contingent upon Norwest Investment Services, Inc. , acquiring fee simple title to the property and shall be for an original term from the date of execution of the agreement through December 31, 1991 . The agreement shall provide for renewable one (1) year terms thereafter, with each such renewal term to be subject to the annual appropriation of necessary funds, and the final term to end no later than December 31, 2001 . The total lease term, including the original and all renewal terms, shall not exceed the useful life of the property. B. The City shall make equal , quarterly payments for each of the consecutive terms of the agreement. If the City leases the property for the original term and all successive renewal terms, the payment to Norwest Investment Services, Inc. , will total the principal sum of Three Hundred Fifty- one Thousand Nine Hundred Thirty Dollars ($351,930) , plus interest at a fixed rate equal to seven and eight hundredths percent (7.08%) per year. The City shall have an option to purchase the property on any quarterly payment date of any term. The option to purchase shall be exercised by paying the quarterly payment due on said date and the unpaid principal due after said date. If the City renews the agreement for all the renewal terms and makes all payments during said terms, the City shall be deemed to have exercised the option to purchase said property. C. The agreement shall not constitute an indebtedness or a pledge of the City's revenue. Section 2. That the effective date of this ordinance shall be July 5, 1991 . Introduced, considered favorably on first reading, and ordered published this 21st day of May, A.D. 1991, and to be presented for final passage on the 4th day of June, A.D. 1991. RSVUW w /lti Mayor ATTEST: ��� City CI&k� Passed and adopted on final reading this 4th day of June, A.D. 1991 . r Maayy or ATTEST: City Clerk