HomeMy WebLinkAbout1998-063-04/07/1998-AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY REGARDING THE OWNERSHIP AND DEVELOPME RESOLUTION 98-63
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY
REGARDING THE OWNERSHIP AND DEVELOPMENT
OF BLOCK 31 IN FORT COLLINS
WHEREAS,the City and the County are joint owners of that certain property located in the
city of Fort Collins, commonly referred to as Block 31 ("Block 31"); and
WHEREAS, the City and the County have jointly developed a Civic Center Master Plan,
which establishes, as a planning tool, the various uses and developments that the parties seek to
encourage and facilitate as a civic and government center in Fort Collins; and
WHEREAS, the City and the County each have space requirements that are anticipated to
result in the need for new construction of office and parking facilities, which facilities are included
in the Civic Center Master Plan; and
WHEREAS,the City and the County have worked cooperatively, and desire to continue to
work cooperatively, in meeting and planning to meet their respective space needs; and
WHEREAS,the cooperative use of Block 31 is an integral part of the City's and the County's
efforts to cooperatively plan, develop and implement the Civic Center Master Plan and related City
and County facilities; and
WHEREAS,the City and the County desire to develop Block 31 for various future civic uses,
including a County Courthouse building with facilities for a municipal court, a civic park, and other
uses; and
WHEREAS,the City and the County desire to enter into an intergovernmental agreement in
substantially the form shown on Exhibit "A," attached hereto and incorporated herein by this
reference (the"Agreement"), in order to establish their respective rights and obligations concerning
the development, maintenance, operation and use of Block 31, and existing and the future
improvements located thereon, and to provide for an equitable division of portions of Block 31 to
permit the financing of development on the Block; and
WHEREAS, the City and the County have previously entered into and amended an
Intergovernmental Agreement between them regarding the ownership, use and management of
Block 31, which agreement was most recently amended on November 20, 1984, which will be
terminated and replaced with this Agreement; and
WHEREAS, the City and the County are authorized to enter into intergovernmental
agreements to provide any function, service or facility as provided in Article II, Section 16 of the
Charter of the City of Fort Collins and Section 29-1-203, C.R.S.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor be,and hereby is, authorized to enter into an intergovernmental agreement
with Larimer County in substantially the form shown on Exhibit "A," attached hereto and
incorporated herein by this reference, subject to such minor modifications in form or substance as
the Mayor, in consultation with the City Manager and the City Attorney, may deem necessary to
effectuate the purposes of said agreement.
Passed and adopted at regular meeting of the Council off ty of Fort Co s th 7th day
of April, A.D. 1998.
f .
ayor
ATTEST:
City Clerk
Exhibit "A"
INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT, is made and entered into this day of April, 1998, by and
between the CITY OF FORT COLLINS, COLORADO, a Colorado home-rule municipality
(hereinafter referred to as the"City"),and the COUNTY OF LARIMER,COLORADO,a political
subdivision of the State of Colorado (hereinafter referred to as the "County").
WHEREAS, at the time of this Agreement,the City and the County are joint owners of that
certain property located in the city of Fort Collins, commonly referred to as Block 31 ("Block 31
and
WHEREAS, the City and the County have jointly developed a Civic Center Master Plan,
which establishes, as a planning tool, the various uses and developments that the parties seek to
encourage and facilitate as a civic and government center in Fort Collins; and
WHEREAS,the City and the County each have space requirements that the parties anticipate
will result in the need for new construction of office and parking facilities, which facilities are
included in the Civic Center Master Plan; and
WHEREAS, the City and the County have worked cooperatively, and desire to continue to
work cooperatively, in meeting and planning to meet their respective space needs; and
WHEREAS,the cooperative use of Block 31, as described in this Agreement, is an integral
part of the parties' effort to cooperatively plan,develop and implement the Civic Center Master Plan
and related City and County facilities; and
WHEREAS,the City and the County desire to develop Block 31 for various future civic uses,
including a County Courthouse building with facilities for a municipal court, a civic park, and other
uses; and
WHEREAS,the City and the County desire to enter into this Agreement in order to state their
respective rights and obligations concerning the development, maintenance, operation and use of
Block 31 and existing and future improvements located thereupon, and to provide for an equitable
division of portions of Block 31 to permit the financing of development on the Block; and
WHEREAS, the City and the County have previously entered into and amended an
Intergovernmental Agreement between them regarding the ownership, use and management of
Block 31, which agreement was most recently amended on November 20, 1984 (the "Prior
Agreement"), which the parties intend to terminate and replace with this Agreement; and
April 7, 1998
Page 1 of 9
WHEREAS,the parties are authorized to enter into intergovernmental agreements to provide
any function,service or facility as provided in Article II, Section 16 of the Charter of the City of Fort
Collins and Section 29-1-203, C.R.S.
NOW, THEREFORE, in consideration of the mutual promises contained herein, and other
good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the
City and the County agree as follows:
1. Division of Ownership of Block 31.
1.1 The parties agree to convey to each other by quitclaim deed those certain portions of
Block 31, as follows:
A. As soon as reasonably practicable after the execution of this Agreement, the
City agrees to convey to the County its fifty percent (50%) ownership interest in the following, as
shown on Exhibit"A", attached hereto and incorporated herein by this reference:
i. Lots 13 through 29; and
ii. the entire alley adjacent to Lots 18 through 23.
B. No later than October 1, 1998,the County agrees to convey to the City its fifty
percent (50%) ownership interest in the following, as shown on Exhibit"A":
i. Lots 1 through 7, and the easterly 150 feet of Lots 8 through 12;
ii. Lots 40 through 47; and
iii. the entire alley adjacent to Lots 1 through 7, and adjacent to Lots 40
through 47.
1.2 The following shall continue to be jointly owned by the parties, as shown on Exhibit
"A" (the "Joint Property"):
A. Lots 30 through 39,to include the entire adjacent vacated alley and westerly forty
(40) feet of Lots 8 through 12;
B. Lots 48 and 49, along with the entire alley adjacent to Lots 48 and 49; and
C. Any other portions of Block 31 not otherwise referenced in this Section 1.
April 7, 1998
Page 2 of 9
2. Development of Block 31.
2.1 The parties agree to use their best efforts to carry out the terms of this Agreement
consistent with the Civic Center Master Plan,previously adopted and approved by each, as the same
may from time to time be revised, amended or supplemented. The County agrees to construct the
Courthouse facility, as such term is defined below in Section 2.2, in accordance with the City's land
use development and zoning laws and requirements, except to the extent that the County
Commissioners take appropriate action, as authorized under Section 31-23-209, C.R.S., to override
a decision of the City relating to the planning and/or construction of the Courthouse facility. The
County agrees to provide to the City "as-built" drawings for the Courthouse and related facilities
on Block 31 at the completion of construction. During design and construction, the County will
inform the City of any significant changes to the exterior design and appearance of the Courthouse
or other related improvements. The County further agrees to pay all fees associated with
construction of the Courthouse facility and related improvements in accordance with the City Code
and Land Use Code, and related administrative policies in effect as of the date of this Agreement,
excluding only the Stormwater Basin Fee that might otherwise be payable under Section 26-512(b)
of the City Code . The City agrees that any such fees paid by the County pursuant to this Agreement
shall be refunded by the City in the event that a court of competent jurisdiction determines that the
County's agreement herein to the payment of such fees will result in an illegal use of County funds.
The County agrees that it will not initiate or encourage the initiation of litigation to test the legality
of this Section 2.1.
2.2. The County will construct, at its own expense, in the location identified on Exhibit
"B" attached hereto and incorporated herein by this reference, a County courthouse, for use as
County office space, and for County court and district court courtrooms and associated facilities, as
well as for a municipal court courtroom and associated facilities to be available to the City under this
Agreement for the City's use (the"Courthouse").
A. The parties agree that it is to the benefit of the citizens of Larimer County for the
municipal court to be co-located with the county and district courts in the Courthouse. The
County will include in the Courthouse a space adequate for the City's municipal court needs
and associated uses,consisting of no fewer than Four Thousand One Hundred(4,100) square
feet of usable space (the "Municipal Court Space"), plus approximately One Thousand
(1,000) square feet of finished common public waiting area space adjacent to the Municipal
Court Space, and will finish the Municipal Court Space at County expense in a manner
consistent with the City's specifications. Notwithstanding the foregoing, if the finish
specifications requested by the City require the County to incur finish costs that exceed, on
a square foot basis, the costs incurred by the County in finishing the district court space, the
City agrees to reimburse the County for the reasonable actual cost of such additional finish
work upon presentation of documentation thereof.
April 7, 1998
Page 3 of 9
2.3 The County will construct,at its own expense not to exceed Nine Hundred and Eighty
Thousand Dollars ($980,000.00), a park and sculpture garden, as generally shown on the drawing
attached hereto as Exhibit `B" (the "Civic Park"), subject to City approval of designs, plans and
specifications therefor. The Civic Park shall be designed and intended for use by the public, and the
improvements constructed therefor shall be jointly owned by the parties upon completion. The City,
at its sole option, may at any time prior to August 1, 1998, elect to design and construct the Civic
Park. In the event the City elects to design and construct the Civic Park, the County agrees to pay
to the City,immediately upon the City's request,the sum of Nine Hundred Eighty Thousand Dollars
($980,000.00)to be applied to such design and construction, and in such event the parties agree to
cooperate in coordinating the design and construction of the Civic Park with the design and
construction of the Courthouse, subject to County approval of designs, plans and specifications
therefor. Upon completion of the construction of the Civic Park, the City will refund to the County
any portion of said amount that exceeds the amount of costs incurred by the City for such design and
construction, including internal service costs and project management costs.
2.4 The County shall, along with construction of the Courthouse and Civic Park,
construct at its own expense the Parking Area, shown on Exhibit `B", consistent with City's
standards for parking areas in the downtown district on which the City's parking rules and
regulations will be enforced. Each party shall be responsible for providing or arranging for adequate
parking in connection with such party's facilities on Block 31, and shall provide sufficient parking
to meet the requirements of the City Land Use Code. The parties agree that the County will meet
its obligation to provide parking in connection with the Courthouse through its construction of
below-grade parking on Block 31, together with payment to the City in the amount of Four Million
Three Hundred and Forty Four Thousand Dollars ($4,344,000.00) (the"County Payment") toward
the development and construction of a parking structure on Block 21 (the "Parking Structure"),
which the City shall arrange. Said payment amount represents the present value of the County's
share of costs for that parking structure, plus the County's portion of the Downtown Development
Authority's share when the Downtown Development Authority's property tax increment reverts to
the County and the City, which is expected to occur in 2007. The County Payment shall be made
in accordance with the City's request and instructions at any time after May 1, 1998,in such payment
amounts and at such times as may be deemed necessary by the City, in its reasonable discretion, for
the City's use in carrying out the arrangements for planning, design and construction of the Parking
Structure.
3. Joint Property Maintenance and Utilities.
3.1 The existing Joint City/County Block 31 Restrictive Reserve Account ("Joint
Account") shall continue to exist and be maintained under the administrative control of the City's
Finance Department. The funds in the Joint Account shall be available for expenditure for costs and
liabilities associated with the operation, maintenance or repair of the Joint Property, and for costs
and liabilities associated with the operation, maintenance or repair of the improvements existing on
April 7, 1998
Page 4 of 9
Block 31 as of the date of this Agreement ("Existing Improvements"), so long as the Existing
Improvements are occupied or used by the County without payment of rent to the City.
3.2 In the event the fiords in the Joint Account are insufficient at any time to reasonably
fulfill the purposes for which said Joint Account is dedicated, the parties shall contribute equally to
the Joint Account as necessary to provide for the same.
3.3 The City shall be responsible for carrying out the day-to-day management, operation
and maintenance of the Civic Park in accordance with the policies and procedures generally
applicable to City Parks, the costs of which shall be paid out of the Joint Account.
3.4 The City shall be responsible for carrying out the day-to-day management, operation
and maintenance of the Parking Area, shown on Exhibit `B, in accordance with the policies and
procedures generally applicable to City parking areas in the downtown district, the costs of which
shall be paid out of the Joint Account.
4. Use, Occupation and Maintenance of the Existing Improvements.
4.1 It is the intent of the parties that they shall continue to share equally in the use of the
Existing Improvements with no payment of rent until the earlier of. (a) the completion of
construction of the Courthouse and renovation of the old courthouse; or(b) of five years from the
date of execution of this Agreement. The parties acknowledge and agree that written leases
documenting the County's occupation of Existing Improvements will be required once the same
become the sole property of the City.
4.2 The County agrees to lease to the City the Municipal Court Space for a period of five
(5)years beginning upon the issuance of the certificate of occupancy for the Courthouse(the"Initial
Term"), at no charge to the City, except that the City shall pay to the County any actual direct costs
incurred by the County as a result of the operation of the municipal court after normal business hours
of the Courthouse.
4.3 No less than eighteen (18) months prior to the expiration of the Initial Term, the
County shall propose to the City a lease agreement extending the City's lease of the Municipal Court
Space for an additional five(5)year term,or in the alternative shall provide to the City written notice
that the Municipal Court Space will no longer be available for City use after a date certain. Unless
otherwise agreed by the parties, any lease by the City of the Municipal Court Space after the Initial
Term shall provide for payment by the City of the average fair market lease rate for comparable lease
space in downtown Fort Collins, taking into account the reasonable costs for routine cleaning,
maintenance,and costs attributable to extended hours of operation,if any,but excluding utility costs.
April 7, 1998
Page 5 of 9
5. Joint Development of Temporary Parking.
The City agrees to develop and construct temporary alternative parking in the downtown Fort
Collins area on Blocks 22,32, and 33,to consist of no fewer than 420 parking spaces,to be available
at such time as parking in the LaPorte America lot on Block 21 is displaced, and until the Parking
Structure is available for use(the"Temporary Parking"), at which time the parties anticipate that the
Temporary Parking will be discontinued. The County agrees to pay to the City in exchange for
providing the Temporary Parking at the time such Temporary Parking becomes available for use, an
amount equal to one-half ('/z) the total cost to the City of developing and constructing such
Temporary Parking in accordance with the City's standards for parking areas in the downtown
district on which the City's parking rules and regulations will be enforced, and including internal
service costs and project management costs of the City, provided, however, that the County's
obligation hereunder shall not exceed Three Hundred and Ninety Three Thousand Five Hundred
Dollars ($393,500.00). The City and County agree to seek approval of a variance by the City's
Zoning Board of Appeals("ZBA") from any provisions of the City Code that may, in the judgment
of the City and the County, impede the efficient and cost-effective provision of the Temporary
Parking, and to appeal to the City Council any denial of such variance request by the ZBA. In the
event that such variance is approved,the parties agree to reconsider the payment to be made by the
County for the Temporary Parking pursuant to this Section 5, and to adjust said payment amount as
appropriate to reflect the actual total cost to the City of the Temporary Parking.
6. Private Use of Block 31 Property.
Each party agrees that it shall at all times avoid and prevent the use of Block 31 property in
a manner that would result in the failure of either party to comply with the"private use"restrictions
set forth in the federal Internal Revenue Code, and any related regulations and policies, as the same
may apply to tax-exempt financing for and in connection with Block 31 property in existence at the
time of the Agreement.
7. Notice.
Whenever a notice is either required or permitted to be given, it shall be given in writing and
delivered personally, or delivered by the postal service, certified mail, return receipt requested, to
the other party at the address indicated below,or at such other address as may be designated by either
party:
If to the City: City Manager
City of Fort Collins
300 LaPorte Avenue
P.O. Box 580
Fort Collins, Colorado 80522
April 7, 1998
Page 6 of 9
If to the County: County Manager
Larimer County
P.O. Box 1190
Fort Collins, Colorado 80522
8. Liabilfty.
8.1 The County shall be responsible for any and all claims, damages, liability and court
awards including costs, expenses and attorney fees incurred as a result of any action or omission of
County or its officers, employees,and agents in connection with the performance of this Agreement.
8.2 The City shall be responsible for any and all claims, damages, liability and court
awards, including costs, expenses, and attorney fees incurred as a result of any act or omission by
City, or its officers, employees, and agents in connection with the performance of this Agreement.
8.3 Nothing in this Section 8 or any other provision of this Agreement shall be construed
as a waiver of the notice requirements,defenses, immunities, and limitations the City or County may
have under the Colorado Governmental Immunity Act(§24-10-101, C.R.S., et. seq.)or to any other
defenses, immunities, or limitations of liability available to City or County by law.
9. Default/Remedies.
9.1 Except as otherwise provided herein, in the event either party should fail or refuse to
perform according to the terms of this Agreement, such party may be declared in default thereof.
9.2 In the event a party has been declared in default hereof, such defaulting party shall
be allowed a period of twenty(20)days, from receipt of notice of said default from the nondefaulting
party, within which to cure said default. In the event the default remains uncorrected, the non-
defaulting party may elect to: (a) terminate this Agreement and seek damages; (b) treat this
Agreement as continuing and require specific performance; or(c ) avail itself of any other remedy
at law or equity.
10. Non-appropriation.
All obligations of each party hereunder are expressly contingent upon the annual
appropriation of funds sufficient to carry out the same by the governing body of such party.
11. Assignment.
Neither City nor County may assign any rights or delegate any duties under this Agreement
without the written consent of the other party.
April 7, 1998
Page 7 of 9
12. Entire Agreement.
This Agreement, along with all exhibits and other documents incorporated herein, shall
constitute the entire agreement of the parties and supersedes any prior agreement between the parties
regarding Block 31, including without limitation,the Prior Agreement. This Agreement shall inure
to the benefit of their respective survivors, heirs, successors and assigns. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
13. Law/Severabilily.
This Agreement shall be governed in all respects by the laws of the State of Colorado. In the
event any provision of this Agreement shall be held invalid or unenforceable by any court of
competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision
of this Agreement.
14. Attorneys' Fees.
In the event that either party shall default under any of the provisions of this Agreement and
the nondefaulting party shall commence litigation to enforce this Agreement, the defaulting party
shall be liable for all costs, expenses and reasonable attorneys' fees incurred by the nondefaulting
party concerning such litigation.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year
first above written.
For the County: COUNTY OF LARIMER, COLORADO
A political subdivision of the State of Colorado
By:
Cheryl Olson, Chair
Board of County Commissioners
ATTEST:
Approved as to legal form:
Deputy Clerk of the Board
County Attorney
April 7, 1998
Page 8 of 9
For the City: THE CITY OF FORT COLLINS
a Colorado home-rule municipality
By:
Ann Azari, Mayor
ATTEST:
Approved as to legal form:
City Clerk
Assistant City Attorney
April 7, 1998
Page 9 of 9
Exhibit A
Division of Ownership of Block 31
LAPORTE AVE
24 23
- -........... ...........
. . _ ..
. .
IT '
.. ..c...:._:._.:_;....... ..:._{._;_;...:...:...:._;. _.......—..........._....
:._:._:..:...:...:._ ............__............
. . . . . . . . :. .17
.............
�y ••'•• a'••'••'••'••'••'••'•''••'•L••'••••••••• ••• ............................
.:•r •r : •.;: :r.
O • yyL K. L L L••.
.,,.,�.,�•,,•��L,., .,�.,•.,••,•.,•.,..,•:,• rrww
vJ
tzl
•.•••••••. r•••• . r�
-tea. :.
47
•.•. . L.., .,.•.... ••. ••••.
ti •L•L•L•. L�L�
MO UyTAIN AVE
Parcel
Lot Lines
J County
�M City
100 0 100 200 Feet
:1r ,' Joint
1■�■� IN y v MR NOW
■� �
tll
Big
goal
nor
Emil
f
R i
1
1 l�, lsatsi■�liQ.'
♦ 'S eG- -� ��S�rcrre
�.®�.�®..®.. ,�.. >........� .. ;Ill
q I riillll���r / •��yQ;Ell
�■!. t ■■��■■p■��
litrl� ■ ■ ■�
NEW
S
e� 10
t■op ���t:`�r a r f who d6"OFA-tf ` r I 1 ���r�..■.■.
N■.Iw �o1..Q��lc��■� ■■■■■ ■■..o���'�o� �li�■.■■.■■
l■■t: • — -- - —