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HomeMy WebLinkAbout053 - 04/21/1998 - AUTHORIZING THE GRANT OF AN OPTION TO LEASE 132 TROUTMAN PARKWAY THROUGH MAY 31, 2000, TO THE SALVAT ORDINANCE NO. 53, 1998 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE GRANT OF AN OPTION TO LEASE 132 TROUTMAN PARKWAY THROUGH MAY 31, 2000, TO THE SALVATION ARMY WHEREAS, the City of Fort Collins currently leases 132 Troutman Parkway, more particularly described in Exhibit"A,"attached hereto and incorporated herein by this reference (the "Property"), for use as a Mini Library Facility, under a Lease Agreement dated January 30, 1995 (the "Lease Agreement'); and WHEREAS,the City has no use for the Property, as it no longer operates the Mini Library Facility,having opened in early 1998 the Harmony Library, to which the Mini Library books, staff and equipment have been relocated; and WHEREAS, in the Lease Agreement the City agreed to continue to lease the Property through May, 2000, or pay a cancellation penalty of up to Forty-seven Thousand, Two Hundred and Forty-five Dollars ($47,245); and WHEREAS, City staff has worked with a local real estate brokerage to search for and negotiate with potential subtenants for the Property, in order to reduce the costs to the City associated with the lease of the Property; and WHEREAS,the Salvation Army has proposed to sublease the Property as approved by the Council in Resolution 98-59; and WHEREAS, the Salvation Army has requested that the City grant of an Option to Lease to the Salvation Army,under which the Salvation Army would pay to the City a monthly rent payment of Four Thousand Dollars ($4,000), along with any amount due for related common areas maintenance,through May 31, 2000, if it chooses to exercise such Option at least ninety (90) days prior to the expiration of the original sublease term on September 30, 1998; and WHEREAS,the rental payment to be received by the City should the Salvation Army choose to exercise the Option to Lease would substantially offset the amount due from the City under the Lease Agreement; and WHEREAS, City staff has determined that the proposed sublease of the Property and grant of the associated Option to Lease will be beneficial to the City, and represents the best likely opportunity for the City to sublease the Property through the expiration of the Lease Agreement; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of real property owned by the City, provided the Council first finds by ordinance that any sale or disposition of real property owned by the City is in the best interests of the City of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: Section 1. That the grant of the above-described Option To Lease the Property is in the best interests of the City of Fort Collins. Section 2. That the City Manager is authored to grant to the Salvation Army an Option to Lease the Property through May 31, 2000, and to execute such documents as may be necessary and appropriate for such grant. Introduced, considered favorably on First Reading, and ordered published this 7th day of April, A.D. 1998, and to be presented for final passage on the 21 da of April, 98. Mayor ATTEST: City Clerk Passed and adopted on final reading this 21st day of Mayor ATTEST: City Clerk '. EXHIBIT "A" A tract of land located in the Southeast Quarter of Section 35, Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, more particularly described as follows; Considering the north line of the said Southeast quarter of Section 35 as bearing North 89 degrees 47 minutes 04 seconds West, and with all bearings contained herein relative thereto: Commencing at the northeast corner of the said Southeast Quarter; THENCE along the said north line, North 89 degrees 47 minutes 04 seconds West for a distance of 48 . 00 feet to a point on the Westerly right of way of U.S. Highway No. 287; THENCE along the said Westerly right of way, South 00 degrees 37 minutes 52 seconds East for a distance of 145. 00 feet; THENCE continuing along the said Westerly right of way, South 00 degrees 13 minutes 08 seconds West for a distance of 270.00 feet; THENCE North 89 degrees 47 minutes 04 seconds West for a distance of 338 . 01 feet; THENCE South 00 degrees 13 minutes 08 seconds West for a distance of 220. 01 feet; THENCE North 89 degrees 46 minutes 52 seconds West for a distance of 59.29 feet to the TRUE POINT OF BEGINNING of this description; THENCE North 89 degrees 46 minutes 52 seconds West for a distance of 85. 71 feet; THENCE South 00 degrees 13 minutes 08 seconds West for a distance of 60.73 feet; THENCE South 89 degrees 46 minutes 52 seconds East for a distance of 85.71 feet; THENCE North 00 degrees 13 minutes 08 seconds East for a distance of 60. 73 feet to the point of beginning. Containing 5205 square feet more or less. The above described tract is subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description and area are based upon a previously written legal description and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 P.O. BOX 580 FORT CO COLLINS, Arc CRA./