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Home My WebLink About2005-023-03/15/2005-AUTHORIZING THE ONE-YEAR EXTENSION OF A LEASE OF THE CITY DITCH ON CITY-OWNED PROPERTY AT 2005 NORTH RESOLUTION 2005-023 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ONE-YEAR EXTENSION OF A LEASE OF THE CITY DITCH ON CITY-OWNED PROPERTY AT 2005 NORTH OVERLAND TRAIL IN LARIMER COUNTY, COLORADO TO LARIMER COUNTY CANAL NO. 2 IRRIGATING COMPANY WHEREAS,the City of Fort Collins is the owner of property known as the Old Water Works Property located at 2005 North Overland Trail Road,in Latimer County,Colorado(the"Property"); and WHEREAS, the Property contains a ditch that was originally used to carry water to the power plant that powered the Old Water Works on the Property (the "City Ditch"); and WHEREAS, on April 5, 1906, the City Council adopted a resolution which authorized the lease of the City Ditch to Larimer County Canal No. 2 Irrigating Company(the"Ditch Company") for a period of 99 years,in exchange for construction of certain improvements and maintenance and repair of the City Ditch and related structures; and WHEREAS, on April 13, 1906, the City and the Ditch Company entered into a lease agreement providing for the lease of the City Ditch, in exchange for construction of certain improvements and maintenance and repair of the City Ditch and related structures,a copy of which is attached hereto as Exhibit"A"and incorporated herein by this reference(the"Lease"),and which Lease further provided for the renewal of the Lease for an additional like period at the option of the Ditch Company; and WHEREAS, the Lease expires on April 13,2005,and the option to extend the Lease,as set forth therein, was not previously approved by the Council; and WHEREAS, the Ditch Company has a continued need to use the City Ditch, particularly during the coming irrigation season, and there is substantial value to the City in avoiding the disruption of irrigation flows that would result if the City Ditch were not available to convey said flows; and WHEREAS, further discussions with the Ditch Company may be necessary in order to prepare and provide for the long-term ongoing use of the City Ditch by the Ditch Company; and WHEREAS, under Section 23-114 of the Code of the City of Fort Collins, the Council is authorized to approve by resolution the lease any and all interests in real property owned in the name of the City for a period of two years or less,provided that Council first finds that the lease is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby finds that extension of the Lease of the City Ditch to the Ditch Company for irrigation purposes for a period of one(1)year is in the best interests of the City of Fort Collins. Section 2. That the City Manager is hereby authorized to execute an extension agreement extending the Lease for a period of one (1) year, consistent with the terms of this Resolution, together with such additional terms and conditions as the City Manager,in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City. Passed and adopted at a regular meeting of the City Council held this 15th day of March, 2005. Mayor ATTEST: City Clerk EXHIBIT'A J• �i gip,, b 't4y�'r1 r �� _ _ LEASE. IS IyL.FXTURE, ;trade this_ " day of April, A. D. 1906, between the City of Fort Collins.,,hereinafter designated as the City, party of the first part, and The Darimer, CQu"7 ," 0-2 Irr�igaLiiYg o�pfitty .1:. , y4,.. ,f 'sas�1 Y+.7wr iw TmF.4 ." hereinafter designated as the Company, part ofthe seop" part, TITNESSETR; That the said City,,,for 'and in con- sideration of the sum of One Dollar,, the receipt of which is hereby acknowledged, and for the further consideration of the covenants and agreements hereinafter set forth to be kept and performed by said Company, its successors and assigns, has leased and demised and does hereby leans and demise unto said Company, that certain ditch right of way known ae the City Ditch, said ditch having its headgate on the south bank of the Csohs is thencs,in a sogt}teasterly Qirestsn to the pourer plant belebging ri to the system of .water warkE of said City.` . '"TtAVE.AND TO:IIOLB the above described 'premises, with the appurtenances,,_unto said Company, its successors and assigns, for the perloi of ninety-nine years ibom and after the date of the ensealine of these presents, upon the following conditions. 11 ' First: That paid Company will receive the said. ditch in the oondition_ it_is now in; that it wall put it in i , ... . - � ' first class repair, and maintain it in first class condition j for the uses and purposes for which it is to be used, without charge or expellee to eafd,City. .;� Second: That said 4&n Wany will ,without unreasonable . , delay enlarge said ditch to. a oapaoity sufficient to carry { the water, decreed to ,said Company, together.with the amount of water necessary to operate said power punt as the same has been heretofore operated. Third: That during the term ,of this lease the dam and headgate belonging to said ditch will be maintained and kept in good repair by said Company at its own expense.., Fourth: That said Company will ooastruot and , maintain the neosssoIry structures and provide tall .the Sufficient means for the proper diversion of the,N tars to: which the parties hereto are entitled at said power plant, so that the power rights now and heretofore enjoyed by .., said City will not' at any time be impaired; and ilat_at any and all times when said City or its grantees may desire to operate said power plant, for any purpose whatever, said Company will permit the water necessary therefor to be carried in said ditch and applied to said power plant without coat.. and without hindrance of any kind. Fifth Said Company shall have Pull control and operation of said leased premises; and for the purpose of enlarging and keeping the same in repair as .hexeinxbovs, stipulated said Company shall have the right. to take. and nee' f�Mm the land belonging to said City 4& from the ditch riAt of way. and upon which said ditch is situated all the dirt necessary, without coat; provided, however, that Such control and operation of said premises will at no time interfere with the full operation of said power plant by, said City or its grantees. .. 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