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HomeMy WebLinkAbout143 - 12/18/2007 - APPROVING THE TERMS OF THE CITYS LEASE OF 612 SOUTH COLLEGE AVENUE, SUITE 22 ORDINANCE NO. 143, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE TERMS OF THE CITY'S LEASE OF 612 SOUTH COLLEGE AVENUE, SUITE 22, FORT COLLINS, COLORADO WHEREAS,on January 1,2006,the City entered into a lease agreement(the"Initial Lease") whereby the City leased approximately 388 square feet of space for City offices at 612 South College Avenue, Suite 22, Fort Collins, Colorado (the "Property") from Front Porch Property Services, Inc. ("Front Porch"); and WHEREAS, on November 29, 2006, the City and Front Porch entered into an Agreement to Amend/Extend Lease("First Extension")which extended the Initial Lease for an additional one year term on the same terms and conditions except for an increase in rent; and WHEREAS,on June 1,2007,Front Porch assigned the Initial Lease to 1 st Realty Associates, Inc. ("Landlord"); and WHEREAS, the Landlord has agreed to extend the Initial Lease for an additional one year term,with the option to renew for two additional one year terms,pursuant to a new Lease Extension and Modification Agreement("Second Extension); and WHEREAS, under the Second Extension, the annual rent for the first year of the extension term would be $5,484 annually or $457 per month, and would increase by the percentage of the Consumer Price Index for each additional one year term; and WHEREAS, as a condition of the Second Extension, the Landlord also wants the City to begin paying a portion of the real property taxes for the Property; and WHEREAS, in order for a property rented by a municipality to be exempt from taxation, Section 31-15-801 of the Colorado Revised Statutes requires that the lease agreement and the terms thereof be approved by ordinance, which ordinance will not be effective until 30 days after its passage and publication; and WHEREAS, a copy of the Initial Lease, First Extension and proposed Second Extension (collectively, the "Lease Agreement") is on file in the Office of the City Clerk; and WHEREAS,the City Council wishes to approve the Lease Agreement by this 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 City Council hereby approves the Lease Agreement for the Property in substantially the form as is on file in the Office of the City Clerk,the terms of which include a lease term of one year with the option for two 12-month extensions at an initial annual rent of$5,484 or $457 per month, along with such other conditions or modifications as the City Manager, in consultation with the City Attorney, determines to be necessary to protect the interests of the City. Introduced, considered favorably on first reading, and ordered published this 4th day of December, A.D. 2007, and to be presented for final passage on the 18th day of December, A.D. 2007. May ATTEST: City Clerk Passed and adopted on final reading on the 18th day o c ber, A.D. 2007. i Mayor ATTEST: z City Clerk