HomeMy WebLinkAbout1998-119-08/18/1998-TERMINATING THE JULY 3, 1997 IGA WITH LARIMER COUNTY AND THE DDA RELATING TO THE CONSTRUCTION AND OP R. f
RESOLUTION 98-119
OF THE COUNCIL OF THE CITY OF FORT COLLINS
TERMINATING THE JULY 3, 1997, INTERGOVERNMENTAL AGREEMENT
AMONG THE CITY OF FORT COLLINS, LARIMER COUNTY
AND THE DOWNTOWN DEVELOPMENT AUTHORITY RELATING TO THE
CONSTRUCTION AND OPERATION OF A NEW PARKING STRUCTURE TO BE
LOCATED AT THE SOUTHEAST CORNER OF LAPORTE AVENUE
AND MASON STREET AND AUTHORIZING A NEW INTERGOVERNMENTAL
AGREEMENT FOR THE SAME PURPOSE
WHEREAS, the City, Larimer County (the "County") and the Fort Collins Downtown
Development Authority (the "DDA") share a common interest in providing adequate parking to
meet the needs of their respective constituents,and it is in the best interests of these constituents that
the City,the County and the DDA work cooperatively toward that end; and
WHEREAS, the City, the County and the DDA have previously agreed to certain shared
responsibilities to enable the construction, operation and maintenance of a parking structure to be
located on Block 21 of the City according to the recorded plat thereof(`Block 21")in downtown Fort
Collins to the east across Mason Street from the Justice Center, consistent with the City's Civic
Center Master Plan (the "Civic Center Parking Structure"or the"Parking Structure"); and
WHEREAS, on June 17, 1997, the Council adopted Resolution 97-91, authorizing an
Intergovernmental Agreement by and among the City of Fort Collins, Colorado, the County of
Larimer, Colorado and the Fort Collins, Colorado Downtown Development Authority, which was
signed and effective on July 3, 1997 (the "IGA"); and
WHEREAS,the terms and conditions of the IGA have been substantially met to date; and
WHEREAS, in connection with the lease Certificates of Participation approved on second
reading by the Council in Ordinance No. 128, 1998,on August 4, 1998,City staff has recommended
that the parties execute an updated and accurate intergovernmental agreement regarding the Civic
Center Parking Structure, based on the actual plans, financial transaction, and related information
now available; and
WHEREAS, as of the Council's consideration of this Resolution, both the Downtown
Development Authority and Larimer County have approved the Termination of Intergovernmental
Agreement by and among The City of Fort Collins,Colorado,The County of Latimer,Colorado,and
The Fort Collins,Colorado Downtown Development Authority,attached hereto as Exhibit"A"and
incorporated herein by this reference,and the Intergovernmental Agreement by and among the City
of Fort Collins, the County of Latimer, and the Fort Collins Downtown Development Authority,
attached hereto as Exhibit"B"and incorporated herein by this reference(the"Updated IGA"); and
WHEREAS,the Updated IGA is consistent with and supports the actions taken by the City
to date to design, finance, and construct the Civic Center Parking Structure, and with the
arrangements made by the City in that regard; and
WHEREAS, the City, the County and the Downtown Development Authority are
authorized to enter into intergovernmental agreements to provide cooperatively 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 as follows:
Section 1. That the Mayor be,and hereby is,authorized to execute the Termination of
the Intergovernmental Agreement by and among The City of Fort Collins, Colorado, The
County of Larimer, Colorado, and The Fort Collins, Colorado Downtown Development
Authority,attached hereto as Exhibit"A,"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.
Section 2. That the Mayor be, and hereby is, authorized to execute the
Intergovernmental Agreement by and among the City of Fort Collins,the County of Larimer,
and the Fort Collins Downtown Development Authority, attached hereto as Exhibit `B," 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 o]:ayor=:;Z
ay
of August, A.D. 1998.
ATTEST:
City Clerk
i . • Exhibit A
TERMINATION OF THE INTERGOVERNMENTAL AGREEMENT
BY AND AMONG
THE CITY OF FORT COLLINS, COLORADO,
THE COUNTY OF LARIMER, COLORADO,AND
THE FORT COLLINS, COLORADO DOWNTOWN DEVELOPMENT AUTHORITY
WHEREAS, the City of Fort Collins, Colorado (the "City"), the County of Larimer,
Colorado (the "County"), and the Fort Collins, Colorado Downtown Development Authority (the
"DDA"), with proper authority of each of their governing bodies, have previously entered into an
Intergovernmental Agreement By and Among The City of Fort Collins, Colorado, The County of
Larimer, Colorado, and The Fort Collins, Colorado Downtown Development Authority, effective
July 3, 1997 (the "IGA"); and
WHEREAS,the IGA was recorded in the real property records of the Larimer County Clerk
and Recorder regarding certain real property owned by the City (the "Site"), on July 8, 1997, at
Reception Number 97043785; and
WHEREAS,the parties hereby waive any claims or entitlements that have accrued or may
in the future accrue to them as a result of the execution,or performance or requirements of the IGA.
The undersigned, for good and valuable consideration, receipt and sufficiency of which
are hereby acknowledged, agree that the Intergovernmental Agreement By and Among The City of
Fort Collins, Colorado, The County of Larimer, Colorado, and The Fort Collins, Colorado
Downtown Development Authority, and recorded on July 8, 1997, is hereby terminated, and shall
have no further force and effect.
IN WITNESS WHEREOF,the parties hereto have executed this agreement the day and year
of last signing, as set forth below.
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By:
Ann Azari
Mayor
Termination Agreement
Page 1
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this day of
1998,by Ann Azari, Mayor of the City of Fort Collins.
Notary Public
My Commission Expires:
ATTEST: APPROVED AS TO FORM:
City Clerk Assistant City Attorney
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this day of
1998, by Wanda Krajicek, City Clerk of the City of Fort Collins.
Notary Public
My Commission Expires:
THE COUNTY OF LARIMER, COLORADO
By:
Cheryl Olson
Chair,Board of Commissioners
Termination Agreement
Page 2
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this day of
1998, by Cheryl Olson, Board of Commissioners of Larimer County.
Notary Public
My Commission Expires:
ATTEST: APPROVED AS TO FORM:
Deputy County Clerk County Attorney
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this day of
1998,by Deputy County Clerk.
Notary Public
My Commission Expires:
THE FORT COLLINS, COLORADO
DOWNTOWN DEVELOPMENT AUTHORITY,
a body corporate and politic
By:
Kermit Allard
Chair, Board of Directors
Termination Agreement
Page 3
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this day of
1998,by Kermit Allard,Chair,Board ofDirectors,Fort Collins Downtown Development Authority.
Notary Public
My Commission Expires:
Termination Agreement
Page 4
• • Exhibit "B"
INTERGOVERNMENTAL AGREEMENT
BY AND AMONG
THE CITY OF FORT COLLINS,
THE COUNTY OF LARIMER,AND
THE FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this_day
of August, 1998,by and among the City of Fort Collins, Colorado,a municipal corporation,having
its principal offices at 300 LaPorte Avenue,Fort Collins, Colorado 80521 (the "City"),the County
of Larimer, Colorado, a political subdivision of the State of Colorado, having its principal offices
at 200 West Oak Street, Fort Collins, Colorado 80521 (the "County"), and the Fort Collins,
Colorado,Downtown Development Authority,a body corporate and politic established pursuant to
Title 31,Article 25,Part 8 of the 1973 Colorado Revised Statutes, as amended,having its principal
offices at 10 Old Town Square, Fort Collins, Colorado 80524 (the "DDA").
RECITALS
WHEREAS,all three parties hereto are governmental entities authorized by law to enter into
intergovernmental agreements to carry out their respective purposes; and
WHEREAS,the County is in the process of designing for construction a justice center(the
"Justice Center") in the central business district of the City on the northeast comer of Block 31 of
the City according to the recorded plat thereof("Block 31"); and
WHEREAS, current parking facilities within the City's central business district are
insufficient to meet all the competing needs for parking in this area, and the construction of the
Justice Center will increase the need for additional parking; and
WHEREAS, the City, the County and the DDA share a common interest in providing
adequate parking to meet the needs of their respective constituents, and it is in the best interests of
these constituents that the City, the County and the DDA work cooperatively toward that end; and
WHEREAS, the City, the County and the DDA have previously agreed to certain shared
responsibilities to enable the construction, operation and maintenance of a parking structure to be
located on Block 21 of the City according to the recorded plat thereof("Block 21") in downtown
Fort Collins to the east across Mason Street from the Justice Center,consistent with the City's Civic
Center Master Plan(the "Civic Center Parking Structure" or the "Parking Structure"); and
WHEREAS, at the time of this Agreement, the parties have terminated that certain
Intergovernmental Agreement by and Among The City of Fort Collins, Colorado, The County of
Larimer,Colorado and The Fort Collins,Colorado Downtown Development Authority effective July
3, 1997, and recorded on July 8, 1997, at Reception Number 97043785 ("the Initial IGA"); and
Page 1 of 6
WHEREAS, the parties desire to replace the Initial IGA with this Agreement, in order to
clarify and update the terms of their mutual agreements regarding the funding, construction and
operation of the Civic Center Parking Structure; and
WHEREAS, the City is in the process of arranging for Lease Certificates of Participation
to finance the development and construction ofthe Parking Structure,including among other aspects,
the lease of the underlying real property to the Fort Collins Capital Leasing Corporation("FCCLC")
by the City, the assignment of certain rights of FCCLC to a Trustee under the terms of a trust
indenture between them, and the lease of the Parking Structure site by the City from the FCCLC;
and
WHEREAS, the City has requested proposals for, and has selected, a contractor for the
design and construction of the Parking Structure; and
WHEREAS,on June 30,1998,the Board of County Commissioners ofthe County approved
a proposed conceptual design for the Parking Structure,as the same was presented by the City("the
Conceptual Design"); and
WHEREAS,on July 2, 1998,the Board of Directors of the DDA considered and approved
said Conceptual Design; and
WHEREAS,the City and the County have negotiated a long-term Parking Structure License
Agreement, granting to the County the right to purchase up to 240 parking permits in the Civic
Center Parking Structure upon its completion(the "License Agreement'); and
WHEREAS,pursuant to the License Agreement, the County has agreed to pay to the City
the amount of$4,344,000.00 for use in the design and construction of the Parking Structure; and
WHEREAS,the License Agreement further provides for equal sharing by the City and the
County of the costs of operation and maintenance of the Parking Structure through July 31, 2040;
and
WHEREAS, the parties hereto have negotiated the agreement set forth hereinafter to
document their respective rights and responsibilities in connection with the development,operation,
maintenance and use of the Civic Center Parking Structure, in addition to the License Agreement;
and
NOW THEREFORE, by and in consideration of the above premises and the mutual
promises contained herein,and other good and valuable consideration,the receipt of which is hereby
acknowledged, the parties hereto agree as follows:
Page 2 of 6
1. PARKING STRUCTURE
The intended location of the Parking Structure is generally on the western half of Block 21
along Mason Street between LaPorte Avenue and Mountain Avenue, in the current location of the
existing"LaPorte/America" surface parking lot. In order to meet current and anticipated long-term
parking needs, the parties envision that the Parking Structure will consist of approximately nine
hundred and five(905)parking spaces. In addition to meeting all building and zoning requirements
of the City,the Parking Structure will be generally compatible with the character of downtown Fort
Collins, the Justice Center and the City's Civic Center Plan and Downtown Parking Plan, as
provided in the Conceptual Design that has been approved by all of the parties.
2. DEVELOPMENT AND CONSTRUCTION OF PARKING STRUCTURE
2.1 The City shall arrange for the design and construction of the Parking Structure
consistent with the Conceptual Design, shall provide the site location for the Parking Structure,and
shall arrange for the financing of the same through the execution and delivery of certificates of
participation(the "Certificates"), to be secured by an assignment of lease rentals, lease-lease back
arrangements with FCCLC,and other related arrangements determined by the City to be appropriate
in connection therewith.
2.2 The parties anticipate that construction of the Parking Structure will begin in late
1998, and be completed in late 1999,and that such construction will take place in coordination with
construction of the Justice Center,which is planned to commence in early 1999 and be completed
in mid-year of the year 2000.
3. FINANCING OF THE PARKING STRUCTURE
3.1 Pursuant to the License Agreement,the County is required to pay to the City the sum
of Four Million Three Hundred and Forty Four Thousand Dollars ($4,344,000.00) (the "County
Payment") toward the development and construction of the Parking Structure, in accordance with
the City's request and instructions and the County License. As set forth therein, the County
Payment represents the present value of the County's share of costs for the Parking Structure, plus
the County's portion of the property tax increment that reverts to the County and the City beginning
September 8, 2006.
3.2 The DDA and the City agree that for each fiscal year after 1998 through 2006 the
amount of Three Hundred Thousand Dollars($300,000.00)in tax increment revenues shall be paid
by the City toward the semi-annual lease rentals due under the Certificates(the"Lease Payments").
3.3 Using the funds provided for the same under Section 3.2 combined with additional
funds to be budgeted and appropriated annually by the City, the City shall make such Lease
Payments on such schedule and in such manner as may be required during term of the Certificates.
Page 3 of 6
4. OPERATION OF THE PARKING STRUCTURE
4.1 The City,its successors and assigns,shall be responsible for performing or providing
for all operations and maintenance of the Parking Structure,and shall conduct the same in a manner
consistent with applicable laws,regulations,and City policies. The City,its successors and assigns,
shall be prohibited from changing the use of the Parking Structure to any use other than parking and
related uses, or other uses not inconsistent with the use of the Parking Structure for such uses,
during the term of the License Agreement,which shall expire on July 31, 2040.
4.2 The City and the County each agree to pay the regularly established fee for all
Parking Structure parking permits obtained by them,at the rate and in the manner established by the
City and consistent with the parking policies and practices of the City's Parking Service office
applicable to the general public.
4.3 Except as otherwise required by the City, in its discretion, for the operation and
maintenance of the Parking Structure,the parties shall not be entitled to conduct activities or make
use of the Parking Structure in any manner not generally appropriate to and afforded to public users
of the facility under applicable laws, regulations and policies, and parking management practices.
The City shall have the right,but not the obligation,to promulgate rules and regulations for the use
of the Parking Structure. The License Agreement requires that such rules and regulations shall not
unreasonably impair the County's intended use of the Parking Structure during the term of that
License Agreement,and further requires that the City provide to the County notice of the proposed
terms of any such rules and regulations prior to their adoption, so as to provide the County a
reasonable opportunity to review and comment thereupon.
4.4 At all times during the operation of the Parking Structure as a public parking facility,
no fewer than three hundred(300) spaces shall be allocated in the Parking Structure for use by the
general public,either through the sale of parking permits therefor,or for use on an hourly basis. The
parties acknowledge that at this time it is not anticipated that the location of individual permit
parking spaces will be designated and/or marked in the Parking Structure, and that a permit shall
entitle the holder thereof to free parking in the Parking Structure, subject to availability of space.
4.5 The County shall be entitled to purchase up to two hundred and forty(240)parking
permits, in accordance with the License Agreement and in accordance with Section 4.2, above.
4.6 The City shall be entitled to purchase up to two hundred and forty (240) parking
permits in accordance with Section 4.2, above.
4.7 In the manner and as provided in the License Agreement, the County and the City
shall share equally the costs of operation and maintenance of the Parking Structure throughout the
term of the License Agreement.
Page 4 of 6
5. GENERAL PROVISIONS
5.1 The obligations of the parties hereto are subject to the annual appropriation of funds
sufficient and intended therefor.
5.2 This Agreement shall not constitute or give rise to any interest in real property, and
is not intended to be appurtenant to or burden or benefit any real property. Accordingly,the parties
agree that this Agreement shall not be recorded as an encumbrance against any of the real property
referred to herein.
5.3 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.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
THE CITY OF FORT COLLINS, COLORADO
A Municipal Co . n
By:
Ann Azari
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk Assistant City Attorney
THE COUNTY OF LARIMER, COLORADO
By:
Cheryl Olson
Chair, Board of Commissioners
Page 5 of 6
ATTEST: APPROVED AS TO FORM:
Deputy County Clerk County Attorney
THE FORT COLLINS, COLORADO
DOWNTOWN DEVELOPMENT AUTHORITY,
a body corporate and politic
By:
Kermit Allard
Chair, Board of Directors
Page 6 of 6