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HomeMy WebLinkAbout187 - 01/21/2003 - AUTHORIZING THE MODIFICATION OF THE MEADOW SPRINGS RANCH GRAZING LEASE WITH NATURAL FORT GRAZING ASS t ' ORDINANCE NO. 1879 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MODIFICATION OF THE MEADOW SPRINGS RANCH GRAZING LEASE WITH NATURAL FORT GRAZING ASSOCIATION, INC. WHEREAS,in late 1990,the City purchased that certain real property commonly known as the Meadow Springs Ranch(the "Property"); and WHEREAS, since purchasing the Property, the City has leased it each year for livestock grazing purposes; and WHEREAS,in October,2000,City staff issued a request for proposals to lease the Property for livestock grazing purposes for a term of approximately ten(10)years, and in response,the City received two proposals which were reviewed,resulting in the proposal of Natural Fort Grazing,Ltd. ("NFG")being selected; and WHEREAS,City staff and NFG representatives have negotiated a Grazing Lease Agreement (the "Lease"),which Lease is on file in the office of the City Clerk; and WHEREAS,the original term of the Lease is for nine years,seven months and sixteen days; and WHEREAS, in January 2001, the City Council adopted Ordinance No. 192, 2000, authorizing the execution of the Lease; and WHEREAS, due to changes in the tax treatment of private leases of public property,NFG has requested that the City agree to a modification of the Lease so as to provide for a series of one- year terms, rather than one term for the entire lease period; and WHEREAS,City staff has prepared an amendment to the Lease that modifies the term of the Lease retroactively to provide for an initial one-year term that will automatically renew for successive,annual terms through the end of the original lease term,unless either party provides 90- days advance written notice of its intent not to renew; and WHEREAS, staff has determined that there will be no detrimental effect on the City as the lessor in making such a change; and WHEREAS, Sections 23-111 and 23-114 of the Code of the City of Fort Collins authorize the City Council to lease, for a definite term of more than two years, any and all interest in real property owned by the City which is part of a City utility system, provided the City Council first finds,by ordinance,that the lease is in the best interests of the City,that the lease will not materially impair the viability of the City's affected utility system as a whole, and that the lease will be for the benefit of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the lease of the Property to NFG pursuant to the terms of the Lease, modified as described in this Ordinance,is in the best interests of the City,that the Lease as modified will not materially impair the viability of the City's Wastewater utility system as a whole, and that the Lease as modified will be for the benefit of the citizens of the City. Section 2. The Mayor is hereby authorized to enter into an amendment on behalf of the City modifying the Lease so as to provide for a series of annual terms for the remainder of the original Lease term, together with such other terms and conditions that the City Manager, in consultation with the City Attorney,determines to be necessary or appropriate to protect the interests of the City. Introduced and considered favorably on first reading and ordered published this 17th day of December, A.D. 2002, and to be presented for final passage on the 21 st day of January,A.D. 2003. Mayor , ATTEST: City Clerk Passed and adopted on final reading this 21st day of January, A.D. 2003. Acting Ma or ATTEST: City Clerk