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HomeMy WebLinkAbout1985-007-01/15/1985-APPROVING THE NOEL ASSIGNMENT OF LEASE RESOLUTION 85- 7 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE NOEL ASSIGNMENT OF LEASE WHEREAS, on December 4, 1984, the Council of the City of Fort Collins adopted a resolution approving the purchase by the City , and Larimer County, of a certain parcel of property in Block 31 of the City of Fort Collins owned by Wallace Noel ; and WHEREAS, the Council has further, on January 2 , 1985, approved and authorized the execution of an Agreement of Sale and Purchase between the City, the County, and Noel ; and WHEREAS, all necessary funding actions have been taken with regard to said purchase, both by the City and the County; and WHEREAS, said Noel property is presently under lease with the Out of Bounds restaurant; and WHEREAS, an assignment of said lease has been negotiated between the County, the City and the Out of Bounds whereby the County and the City become the assignees of the original lease between the Out of Bounds and Noel subject to certain modifications of said lease, principal among them that the lease will extend for a period of ten (10) years with a five (5) year renewal upon the consent of the City and the County; that rent shall be established at Five Thousand Dollars ($5,000.00) per month plus an addi- tional annual payment of Three Thousand Six Hundred Dollars ($3,600.00) to be paid in lieu of taxes; that a rent escalator provision shall be included at the rate of three percent (3%) per annum or based upon the consumer price index, whichever is less; that certain provisions be made whereby the City and the County would contribute, in an amount not to exceed Thirty Five Thousand Dollars ($35,000.00) in the event that the Out of Bounds should be required to move because of the City/County's refusal to extend the lease; and that provisions pertaining to maintenance be included; and WHEREAS, the Council has considered said Assignment of Lease and does hereby find that said Assignment is in the best interest of the citizens of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Assignment of Lease as negotiated between the City, the County and the Out of Bounds restaurant be approved and that the Mayor be, and he hereby is, authorized to execute said Assignment of Lease upon the terms and conditions as above set forth and as are contained in said assignment. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 15th day of January, A.D. 1985. &L, ATTEST: mayor City Clerk