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HomeMy WebLinkAbout160 - 11/06/2001 - APPROVING THE TERMS OF THE SUBLEASE BY THE CITY OF A PORTION OF RIVENDELL SCHOOL PROPERTY FOR A COMM ORDINANCE NO. 160, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE TERMS OF THE SUBLEASE BY THE CITY OF A PORTION OF THE RIVENDELL SCHOOL PROPERTY FOR A COMMUNITY RECYCLING DROP-OFF FACILITY WHEREAS, the City intends to sublease approximately 42,300 square feet of space for a Community Recycling Drop-Off Facility (the "Facility") at 1800 East Prospect in Fort Collins, Colorado, more particularly described on Exhibit"A," attached hereto and incorporated herein by this reference (the "Property") from the Rivendell School, pursuant to a Sublease Agreement that has been negotiated by City staff,a copy of which,dated September 26,2001, is on file in the office of the City Clerk and available for review(the "Sublease Agreement"); and WHEREAS, under the Sublease Agreement, the monthly rent for the Property is $850 for each remaining month in 2001, and the following amounts for subsequent sublease terms: (a) Sublease Year 1 (2002): $10,500 ($875.00 per month); (b) Sublease Year 2 (2003): $11,500 ($958.34 per month); (c) Sublease Year 3 (2004): $12,500 ($1,041.67 per month); (d) Sublease Year 4 (2005): $13,500 ($1,125.00 per month); (e) Sublease Year 5 (2006): $16,500 ($1,325.00 per month); (f) Sublease Year 6 (2007) on: rental rates may be increased annually as conditions warrant by an amount not to exceed four percent (4%) per year; and WHEREAS, the negotiated initial term of the Sublease Agreement begins upon full execution of that Agreement, and expires December 31, 2001, followed by five optional renewal terms of one year in length, and an additional five optional renewal terms of one year in length if Rivendell School remains in possession of, or becomes the owner of, the Property; and WHEREAS, as part of the consideration for the sublease of the Property,the City will pay for the cost of construction of a parking island with interior landscaping improvements on the Rivendell School property,in the initial amount of$11,350,with potential additional funds to cover those actual costs in an amount up to $8,650, to be paid after the completion of the improvements, all of which is currently appropriated and available to be encumbered in connection with the Sublease Agreement; and WHEREAS, Rivendell School has agreed to credit the full amount paid by the City for parking island improvements against future rent payments from the City; and WHEREAS, Rivendell School has further agreed to credit to the City, against future rent payments,a portion of the actual costs incurred by the City in connection with environmental review and assessment of the Property up to a maximum amount of$2,700; and WHEREAS,the Sublease Agreement further provides that the City shall be responsible for the maintenance of the pavement on the Property, for the maintenance of the Property in good condition,safe and reasonably free from litter,and for environmental issues arising during the course of the Sublease term; and WHEREAS, sufficient funds have been budgeted and appropriated by the City for all expenses associated with the initial term of the Sublease Agreement; and WHEREAS,the Sublease Agreement provides that the City shall be responsible for any taxes attributable to the Property during the term of the Sublease; and WHEREAS,in order for the Property to be exempt from taxation,Colorado Revised Statutes Section 31-15-801 requires that the Sublease Agreement and the terms thereof be approved by ordinance by the City Council; and WHEREAS, the City Council wishes to approve the Sublease Agreement by ordinance so that the Property may be removed from the tax rolls. NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Council hereby approves the Sublease Agreement, dated September 26, 2001, on file and available for public inspection in the office of the City Clerk,the terms of which include an initial rental period of through December 31, 2001,with an option to extend for a total of up to ten(10) additional one-year terms, contingent upon the annual appropriation of funds sufficient to meet the City's obligations under the Sublease Agreement for each additional term. Introduced and considered favorably on first reading and ordered published this 16th day of October, A.D. 2001, and to be presented for final passage on the 6th day of November,A.D. 2001. Mayor AST: City Clerk Passed and adopted on final reading this 6th day of November, . 2001. Mayor ATT ST: City Clerk EXHIBIT "A" LOCATION SKETCH ACCESS EASEMENT AT RIVENDELL SCHOOL (FORT COLLINS RECYCLING CENTER) RIVERSIDE AVENUE S00'14'27"W ® Q ® 130.20' ['��C4C8 ESS ESM'T. © ®® SQ. FT. z A (n ® 00 ONN A © ® O® ®® O® © ®®®O �-A --I O rT;u 0 Z Z N;O 0 W.-O (n Z."O Z (n;U W U);O Z fN N OI rri Z 11NIIDo000 fTo II (+ O v Oo (J ? flDD IA DD� D (O O p ON LA(A LN O ; .Cn ? 0) WW Ell to CD MWVO r� N O NOLA? A LAoO O) ?cl �p N Ov N 0 _ m ti'I 1 O j TTI-E (TI Im O (TI T*'I O frj O T*7 Trl Om N v 0 ?O N (O� N ?p N ...,0 - 0 p N W U) W ('0 j N Wq w � II II oVON Cm ? O ®® ® ®®O ® © ®® O O Z Z m N Z Z N 0 Z Z Z Do O W O O W O m m CD Cn (D O O O O (D O (D -P (D 0 aw N ? A W A LA ® m r Ln (D W W Z ® m W V W v V W v 0 NLA (D -� m r1r7 m g I`2 ® O -0 O p oi- 0 0 0 W 6 O 00 N (D N (D / 0 O] p 0 0 0 0 O Co („I N OR V V W m N 00 m m N N00'14'26"E o rn N N (CD DO Z W Z N NTS J N ACCESS ESM'T. rri 0 42,274 SQ. FT. MAY 30, 2001 THIS SKETCH AND THE AREAS 4' 6" Si10WN-�EPe-'TH&-ATT*GH PROPERTY DESCRIPTION ONLY, ZO9.00' AND 00 NOT REPRESENT A MONUMENTED BOUNDARY SURVEY. NE COR. OF LOT 2 U:\S7WPROJ\WALLY\DWG\RIVENDELL.DWG DESCRIPTION OF AN ACCESS EASEMENT FOR THE CITY OF FORT COLLINS RECYCLING CENTER LOCATED AT THE RIVENDELL SCHOOL An Access Easement located in the southeast quarter of Section 18 , Township 7 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said easement is also located in Lot 2 of the Plat of the First Replat of Prospect-Riverside Subdivision, a Plat of record with the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the west line of the said Lot 2 as bearing South 00 degrees 14 minutes 27 seconds West, and with all bearings contained herein relative thereto; Commencing at the northwest corner of the said Lot 2 ; THENCE along the said west line of Lot 2 , South 00 degrees 14 minutes 27 seconds West for a distance of 3 . 28 feet to the TRUE POINT OF BEGINNING of this description; THENCE leaving the said west line, South 89 degrees 53 minutes 20 seconds East for a distance of 24 . 70 feet; THENCE North 88 degrees 38 minutes 24 seconds East for a distance of 9 . 10 feet; THENCE along a non-tangent curve to the right having a radius of 12 . 00 feet a central angle of 59 degrees 38 minutes 17 seconds and an arc length of 12 .49 feet, being subtended by a chord of South 58 degrees 34 minutes 11 seconds East for a distance of 11 . 93 feet ; THENCE along a non-tangent curve to the left having a radius of 14 . 30 feet a central angle of 82 degrees 55 minutes 01 seconds and an arc length of 20 . 69 feet, being subtended by a chord of South 74 degrees 49 minutes 44 seconds East for a distance of 18 . 94 feet; THENCE non-tangent from the previous curve, North 70 degrees 15 minutes 16 seconds East for a distance of 12 . 53 feet; THENCE along a non-tangent curve to the right having a radius of 15 . 00 feet a central angle of 17 degrees 37 minutes 34 seconds and an arc length of 4 . 61 feet, being subtended by a chord of North 78 degrees 37 minutes 08 seconds East for a distance of 4 . 60 feet; THENCE non-tangent from the previous curve, South 89 degrees 47 minutes 34 seconds East for a distance of 123 . 14 feet; THENCE along a non-tangent curve to the right having a radius of 8 . 65 feet a central angle of 67 degrees 02 minutes 09 seconds and an arc length of 10 . 12 feet, being subtended by a chord of South 64 degrees 00 minutes 24 seconds East for a distance of 9 . 55 feet; THENCE non-tangent from the previous curve, South 32 degrees 33 minutes 44 seconds East for a distance of 12 .41 feet; THENCE along a non-tangent curve to the left having a radius of 13 . 30 feet a central angle of 68 degrees 37 minutes 01 seconds and an arc length of 15 . 93 feet, being subtended by a chord of PAGE 1 OF 3 South 61 degrees 53 minutes 15 seconds East for a distance of 14 . 99 feet; THENCE North 01 degrees 26 minutes 11 seconds East for a distance of 30 . 87 feet to the north line of the said Lot 2; THENCE along the said north line, South 89 degrees 53 minutes 27 seconds East for a distance of 189 . 06 feet to the northeast corner of the said Lot 2 ; THENCE along the east line of the said Lot 2 , South 00 degrees 14 minutes 26 seconds West for a distance of 209 . 00 feet; THENCE leaving the said east line, North 89 degrees 53 minutes 27 seconds West for a distance of 120 . 67 feet; THENCE North 00 degrees 14 minutes 26 seconds East for a distance of 61 . 50 feet; THENCE North 51 degrees 45 minutes 34 seconds West for a distance of 91 . 33 feet; THENCE North 38 degrees 14 minutes 26 seconds East for a distance of 7 . 67 feet; THENCE North 55 degrees 01 minutes 29 seconds West for a distance of 69 . 33 feet; THENCE North 89 degrees 53 minutes 27 seconds West for a distance of 120 . 78 feet; THENCE North 64 degrees 48 minutes 23 seconds West for a distance of 29 . 17 feet; THENCE South 89 degrees 39 minutes 20 seconds West for a distance of 21 . 88 feet; THENCE South 00 degrees 14 minutes 27 seconds West for a distance of 8 . 06 feet; THENCE North 89 degrees 45 minutes 33 seconds West for a distance of 6 . 00 feet to the said west line of Lot 2 ; THENCE along the said west line, North 00 degrees 14 minutes 27 seconds East for a distance of 38 . 02 feet to the point of beginning. Containing 42274 square feet (0 . 971 Acres) more less . TOGETHER WITH: Commencing at the said northwest corner of the said Lot 2 ; THENCE along the said west line of Lot 2, South 00 degrees 14 minutes 27 seconds West for a distance of 171 . 50 feet to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said west line, South 00 degrees 14 minutes 27 seconds West for a distance of 8 . 00 feet; THENCE leaving the said west line, South 89 degrees 45 minutes 33 seconds East for a distance of 6 . 00 feet; THENCE North 00 degrees 14 minutes 27 seconds East for a distance of 8 . 00 feet; THENCE North 89 degrees 45 minutes 33 seconds West for a distance of 6 . 00 feet to the point of beginning. Containing 48 square feet more less . The above described easements are subject to all easements and rights of ways now existing or of record. PAGE 2 OF 3 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 is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S . 17497 P.O. BOX 580 FORT COLLINS, CO 80522 PAGE 3 OF 3