HomeMy WebLinkAbout118 - 09/03/2013 - AUTHORIZING THE LEASE OF CITY-OWNED PROPERTY AT 328 WEST MOUNTAIN AVENUE AND 108 NORTH MELDRUM STREE ORDINANCE NO. 118, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE LEASE OF CITY-OWNED PROPERTY AT 328 WEST MOUNTAIN
AVENUE AND 108 NORTH MELDRUM STREET TO POUDRE LANDMARKS
FOUNDATION, INC.
WHEREAS, the City is the owner of the properties located at 328 West Mountain
Avenue, known as the Avery House, and 108 North Meldrum Street, known as the Carriage
House, more particularly described as Part of Lot 24, all of Lots 25, 26, 27 and the West 12.5
feet of Lot 28, Block 41, City of Fort Collins, County of Latimer, State of Colorado, together
with the vacant alley at the rear of Lots 26, 27, and 28 (the "Property"); and
WHEREAS, the City purchased the Avery House in 1969, and the City and the Poudre
Landmarks Foundation, Inc. ("PLF") have been working together since the mid-1970s to restore
and renovate the Avery House for the benefit of the citizens of Fort Collins; and
WHEREAS, the City and PLF have also completed restoration activities on the Carriage
House, which was purchased by the City in 1988; and
WHEREAS, on October 6, 1998, the City Council passed Ordinance No. 158, 1998,
authorizing a fifteen-year lease of the Property to PLF (the "1998 Lease"); and
WHEREAS, the conditions of the 1998 Lease included a requirement that PLF make
substantial repairs and renovations to the Property to help restore and preserve its historic
structures, and that PLF operate the Property as a museum, open to the public, with a
conservation area for historic collections, a display of items of historical interest, and historical
education programs for the citizens of the City; and
WHEREAS, PLF has met its obligations under the 1998 Lease and continues to maintain
and operate the Property as a museum open to the public; and
WHEREAS, the 1998 Lease expires this year, and PLF has asked to renew its lease for an
additional fifteen year term; and
WHEREAS, the,proposed lease of the Property would be on similar terms to the 1998
Lease, and a copy of the proposed Lease Agreement is on file in the Office of the City Clerk and
available for inspection; and
WHEREAS, the Lease Agreement provides for a fifteen-year lease term expiring in 2028,
in exchange for payment of nominal rent in the amount of$25.00 per year and compliance with
certain conditions and restrictions set forth therein; and
WHEREAS, the PLF's continued occupancy of the Property will help to preserve and
maintain the Property and its historic values, and will allow the City to keep it open to the public
as a local historical resource; 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 the proposed lease of the Property to PLF, on terms and conditions
consistent with this Ordinance, is in the best interests of the City and serves a public purpose, as
PLF will continue to help preserve the historic structures on the Property on the City's behalf,
and keep the Property open and available to the public as a historic resource.
Section 2. That the City Manager is hereby authorized to enter into the Lease Agreement
with PLF in substantially the form as is on file in the office of the City Clerk, together with such
additional terms and conditions as the City Manager, in consultation with the City Attorney,
determines to be necessary or appropriate to protect the interests of the City, including, but not
limited to, any necessary changes to the legal description of the Property, as 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 20th day of
August, A.D. 2013, and to be presented for final passage on the 3rd day of September, A.D.
2013.
FoRT CO
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ATTEST:
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(City Clerk
Passed and adopted on final reading on the 3rd day of September, A.D. 2013.
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