HomeMy WebLinkAbout034 - 04/06/2004 - AUTHORIZING THE SUBLEASE TO LARIMER COUNTY OF PORTIONS OF FOSSIL CREEK RESERVOIR PROPERTY LEASED BY ORDINANCE NO. 034, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE SUBLEASE TO LARIMER COUNTY
OF PORTIONS OF THE FOSSIL CREEK RESERVOIR PROPERTY
LEASED BY THE CITY FROM NORTH POUDRE IRRIGATION COMPANY
WHEREAS,pursuant to the terms of a Lease Agreement, dated October 21, 2001, the City
leases from North Poudre Irrigation Company the surface rights to Fossil Creek Reservoir, and
certain adjacent property (collectively the "Leased Property"); and
WHEREAS, on January 16, 2001, the City Council adopted on second reading Ordinance
No. 3, 2001, authorizing an intergovernmental agreement between the City and Latimer County
related to the joint acquisition and ownership of seven properties in the Fossil Creek Reservoir area
totaling 833 acres, for an estimated total purchase price of$7.7 million, along with certain other
related action; and
WHEREAS, in January 2001, the City and Latimer County also entered into an
intergovernmental agreement concerning the Fossil Creek Reservoir Area Properties (the "IGA"),
consistent with Ordinance No. 3, 2001; and
WHEREAS,on April 1,2003,the City Council approved Resolution 2003-046,authorizing
the amendment of the IGA to modify certain cost sharing provisions, and an amended and restated
IGA, consistent with Resolution 2003-046, was finalized by the parties; and
WHEREAS,the IGA provides that certain of the properties acquired by the City and County
will be managed by Latimer County as part of the Fossil Creek Reservoir Regional Open Space;and
WHEREAS,City staff has determined that it will be to the mutual advantage of the City and
the County for the City to sublease to the County substantial portions of the Leased Property, for
day-to-day operation and management by the County, in a manner consistent with the City's lease
obligations, as part of the Fossil Creek Reservoir Regional Open Space; and
WHEREAS, the County has agreed to pay$2,500 to the City in exchange for the proposed
sublease; and
WHEREAS, City staff has negotiated with the County a Sublease Agreement, a draft of
which, dated February 13, 2004, is on file in the office of the City Clerk and available for public
inspection (the "Lease Agreement"); and
WHEREAS, the Board of North Poudre Irrigation Company reviewed the Sublease
Agreement at its meeting of February 4,2004,and authorized the sublease pursuant to its terms;and
WHEREAS, the sublease to the County of the Leased Property is beneficial in that it will
generate revenue and provide for ongoing use and care of the Property, and is consistent with the
general intent of the parties to the IGA,which contemplated that the County would lease the Leased
Property directly; and
WHEREAS,pursuant to Section 23-111 of the Code of the City of Fort Collins,the Council
is authorized to lease any and all interests in real property owned in the name of the City for other
than utility purposes, provided that Council first finds by ordinance that the lease 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 Council hereby finds that the sublease of a portion of the Leased
Property at Fossil Creek Reservoir to the County as provided herein is in the best interests of Fort
Collins.
Section 2. That the City Manager is hereby authorized to execute a sublease agreement
in substantially the same form of the Sublease Agreement described herein, together with such
additional terms and conditions as the City Manager, in consultation with the City Attorney,
determines to be necessary and appropriate to protect the interests of the City,not inconsistent with
the terms of this Ordinance.
Introduced, considered favorably on first reading, and ordered published this 16th day of
March, A.D. 2004, and to be presented for final passage on the 6th da o p , A.D. 2004.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 6th day of April, A.D. 2004.
M yor
ATTEST:
City Clerk