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HomeMy WebLinkAbout2005-019-03/01/2005-AUTHORIZING A REVOCABLE PERMIT FOR A PERIOD OF FIVE YEARS ON PROPERTY OWNED BY THE CITY FOR THE PURP RESOLUTION 2005-019 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING A REVOCABLE PERMIT FOR A PERIOD OF FIVE YEARS ON PROPERTY OWNED BY THE CITY FOR THE PURPOSE OF SEEDING AND IRRIGATING A FUTURE PARK SITE WHEREAS, the City of Fort Collins is the owner of that certain real property known as the Trail Head Park Site (the "Park Site"), described more particularly as Tract H,Trail Head, City of Fort Collins, County of Larimer, State of Colorado, as shown on Exhibit "A", attached hereto and incorporated herein by this reference, which is located in the Trail Head Development (the "Development"), an approved residential development; and WHEREAS, the City does not plan to develop the Park Site into a neighborhood park until approximately 2010; and WHEREAS,Trail Head Inc. (the"Developer")is requesting the City's permission to install an irrigation system within the Park Site, seed the Park Site, and maintain the grass, all at the Developer's expense,so as to improve the appearance of the Park Site during the construction of the Development; and WHEREAS,in exchange for a license to enter upon and improve the Park Site,the Developer will provide water for irrigation of the Park Site and maintain the Park Site during the term of the license, and transfer ownership of the irrigation system to the City upon termination of the license; and WHEREAS, the Developer shall also maintain insurance to cover its activities on the Park Site, and shall provide a bond or cash to secure its obligation to maintain its improvements on the Park Site during the term of the license; and WHEREAS, City staff has reviewed the Developer's request to improve and maintain the Park Site as described above, and believes that such activities will not interfere with or adversely affect the City owned property, based on current expectations; and WHEREAS,Article XI,Section 10,of the Charter of the City of Fort Collins authorizes the Council to permit the use or occupation of any street, alley, or public place, provided that such permit shall be revocable by the Council at its pleasure, whether or not such right to revoke is expressly reserved in such permit. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Manager is hereby authorized to execute such documents as are necessary to grant a license to enter to Trail Head Inc.,consistent with the terms of this Resolution which shall include such additional terms and conditions as the City Manager, in consultation with the City Attorney, deems necessary or appropriate to protect the interests of the City or effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the City Council held this 1 st day of March,A.D. 2005. Mayor ATTEST: �L a" City Clerk Exhibit A TRAIL HEAD NEIGHBORHOOD PARK Tra Development oG Devel ment b Waterglen , a' Development SEE DETAIL Vine Drive DETAIL , r Residential Planned streets , Trail Head Park Site Vine Drive