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HomeMy WebLinkAbout042 - 05/05/2009 - AUTHORIZING THE LEASE OF CITY-OWNED PROPERTY AT 214 NORTH HOWES STREET, ALONG WITH RELATED PARKING R ORDINANCE NO. 042, 2009 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE LEASE OF CITY-OWNED PROPERTY AT 214 NORTH HOWES STREET, ALONG WITH RELATED PARKING RIGHTS AT 220 NORTH HOWES STREET, FOR UP TO FIVE YEARS WHEREAS,the City is the owner of the property legally described as Lots 34 and 35,Block 32,City of Fort Collins,Colorado,commonly known as 214 North Howes Street,and Lot 33,Block 32, City of Fort Collins,Colorado,a portion of the property commonly known as 220 North Howes Street (collectively, the "Property"); and WHEREAS, on September 4, 2007, the City Council approved Ordinance No. 098, 2007, authorizing the lease of office space in the building at 214 North Howes and the use of nine parking spaces in the lot at 220 North Howes(the"Lease Premises")for up to five years at a minium annual rental of$61,036, based on $10.50 per square foot; and WHEREAS, due to the current economic situation, the tenant in the Lease Premises wishes to reduce its costs by modifying its lease to make its portion of the Lease Premises smaller; and WHEREAS,although the current tenant intends to continue paying rent based on$10.50 per square foot, City staff would like the option of charging a minimum rent of$9 per square foot for the Lease Premises; and WHEREAS, staff is asking for the City Council's approval of these new lease terms for the Lease Premises because reducing the tenant's leased space or the amount of rent charged would reduce the minimum annual rental for the Lease Premises below the level that the City Council previously authorized; and WHEREAS,the remaining portion of the Lease Premises not being used by the current tenant could be used by the City or leased to another party; and WHEREAS,the other terms and conditions of leasing the Lease Premises would remain as described in Ordinance No. 098, 2007; and WHEREAS,under Section 23-111(a)of the City Code,the City Council is authorized to sell, convey or otherwise dispose of any and all interests in real property owned in the name of the City, provided that the City Council first finds, by ordinance, that such disposition 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 leasing the Lease Premises located at 214 and 220 North Howes Street as provided herein is in the best interests of the City. Section 2. That the City Manager is hereby authorized to execute a lease agreement or amendment to the existing lease agreement for the Lease Premises,consistent with the terms of this Ordinance,together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, deems necessary and appropriate to protect the interests of the City or to effectuate the purposes of this Ordinance,including,but not limited to,any necessary changes to the legal description of the Lease Premises, so long as such changes do not materially increase the size or change the character of the property to be leased. Introduced, considered favorably on first reading, and ordered published this 21st day of April, A.D. 2009, and to be presented for final passage on the St a of May, A.D. 2009. Mayor ATTEST: J� City Clerk Passed and adopted on final reading on the 5th day of y, A.D. 2009. o May ATTEST: 7. - UL X" -City Clerk