HomeMy WebLinkAbout2006-002-01/03/2006-AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY REGARDING BLOCK 31 RESOLUTION 2006-002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
WITH LARIMER COUNTY REGARDING BLOCK 31
WHEREAS, the City and Lwimer County(the"County")each own portions of that certain
property located in the city of Fort Collins,commonly referred to as Block 31 ("Block 31"),and are
joint owners of certain portions of Block 31, namely, that area known as Civic Center Park; 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 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, in recent years the City and the County each have developed certain facilities
that are included in the Civic Center Master Plan and located on Block 31, including the Larimer
County Justice Center, public parking and Civic Center Park; and
WHEREAS, the City and the County desire to continue to work cooperatively in meeting
their respective space needs; 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 the existing and 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 a series of agreements
regarding the ownership,use and management of Block 31,the most recent of which was approved
by the City Council in April 1998 with the adoption of Resolution No. 98-63 and will be terminated
and replaced with the 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 11, 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 is hereby 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 City
Manager, in consultation with the City Attorney, may deem necessary or appropriate to protect the
interests of the City or to effectuate the purposes of said agreement.
Passed and adopted at regular meeting of the Counc f the City of Fort Collins this 3rd day
of January, A.D. 2006.
Mayo
f EST:
1)9" A��" —
City Clerk
EXHIBIT "A"
04/06/2005 INTERGOVERNMENTAL,AGREEMENT
THIS AGREEMENT,.is made and entered into this 19�'1�day of April,2005, by
between the CITY OF FORT COLLINS; COLORADO, a Colorado home-rule
(hereinafter referred to as the City),and the COUNTY OF LARIMER,COLORADO,s}15d)) 1'
subdivision of the State of Colorado(hereinafter referred to as the County).
WHEREAS; in accordance with an Intergovernmental Agreement by and
Parties hereto, dated April 7, 1998 (the "1998 IGA'), regarding generally that certa tt'
located in the city of Fort Collins, commonly referred to as Block 31 (ABlock
jointly own aportion of Block 31,more particularly described on Exhibit"A"attached
incorporated herein by this reference(the"Joint Property); and >t '
WHEREAS, pursuant to the 1998 IGA, the parties have continued to fund the o tion,
maintenance and repair of the Joint Property through a Joint Account, and the City )
asIbew
responsible for the day-to-day management,operation and maintenance of Civic Park and Ping
Area located on the Joint:Property,using funds in the Joint Account; and
WHEREAS,other than the continued operation of the Joint Property,and the lease l '
in the County Justice Center on Block 31 to the City for use for Municipal Court p
arrangement that is fully provided for and documented in a separate lease agreement
the City and the County, the terms and requirements of the 1998 IGA have been satisfactorily
performed and completed;and
WHEREAS, in order to update the understandings of the parties regarding the,,•,Qq n
operation, maintenance and repair of the Joint Property,the parties have negotiated 'and' F
this Intergovernmental Agreement to supercede and replace the 1998 IGA; and
WHEREAS,the parties are authorized to enter into intergovernmental agreements tr►{rot ide
any function,service or facility as provided in Article II,Section 16 ofthe Charter of the C( } ort
Collins and Section 29-1-203, C.R.S.
NOW,THEREFORE,in consideration of the mutual promises contained herein'i&kiiher
good and valuable consideration, the receipt and adequacy of which is hereby acknowledged,the
City and the County agree as follows:
1. Joint Account.
The existing Joint City/County Block 31 Restrictive Reserve Account(Joint Account)shall
be dissolved.
�d t
F
2. Operation of Civic Park. , j• .
2.1. The City shall be responsible for carrying out the day-to-daymanagement and
operation of the Civic Park,shown on Exhibit"B"attached hereto and incorporated herein.bythis
referFnce,as a City Park,in accordance with,UpoJiaias 4adproced yapph'cabTa ;City
Responsibilities for maintenance, rep and Yepttk a there id Park Khali bed t f!
fpbdow in Paragraph 4.
2.2 The City shall provide to the County notice of any application received for a #
ape ial event permit (pursuant to City Code Chapter 23,5)ot a group event petntiti t to
Artk
kX of Cary Code Chapter 23)on the JointPropIrly,,and the Couuty shall poWAhe Citywithin
two.(Adays if particular scheduling, area,rgtdgdon$� other requirements are appropri to
m unpacts of the proposed event,or ofanyotherconcerns o€tha County related to said permit "
application. The Cityagrees to work in good faith with the Coup and the
ty g ty permit
of concern to the County.
3. Operation and Maintenance of Parking and Drive Arm,
The City shall be responsible for carrying out the•day-to-day,management, operationazid
maintenance, including but not limited to snow and ice removal, of the Parking Area and alleys
wi"lock 31,as shown on Exhibit"C"atWWb
geptoandincorporated herein bythit ieferetm. t'
The,t tt r shall operate the Parking Area as a;Cjty parking lot in accordance with the policies and
pro ores generally applicable to City Paz>u?rg areas:o the downtown district.
4. Other Maintenance,Repairs and Replacement Responsibilities,
4.1. In addition to the maintenance responsjbiliGes of the City pursuantto Paragraph 3,
above,the City,at its cost, shall be responsible for:
4.1.1. all maintenance,including but not limited to snow and ice removal,
sweeping and litter removal on all street leyel sidewalks around=the perimeter ofBlbek 31
and on all sidewalks on property on Bioek 31:owned solely by the City,
4.1.2. all maintenance of all turf areas on Block 31,including but not limited
to mowing,weed control,irrigation,fertilization and litter removal,and maintenanceofsigns
located in the turf areas;
4.1.3. the Debra Passariello Memorial Garden, located on Coun"wrred
property in the northwestern portion of Block 31; and
4.1.4. irrigation of all planting beds on Block 31.°
4.2. The County, at its cost,shall be responsible for.
4.2.1. all maintenance,including but not limited to snow and ice removal,
sweeping and litter removal on all sidewalks and other hatdscape areas on the Joint
Property and on property owned solely by the County on Block 31,including but not
limited to all stepran&approaches to the County Justice Center facility not at street
level and all archways; • ,
4.2.2.E all,maillt6juince of planting.beds on Block 31, including but not
limited to planting,pruning,weed and pest control,fertilization and litter removal;
and
4.2.3.E- ail-ma#ntetrarioe of the fountain area in the interior of Block 31,
including but not=limited'td the water works and the'fountain structures.
4.3. Planned capital repair and replacement of hardscapes,parking lot,the fountain plaza
areq;,imd other infrastructi &on.the 16W Property shall be managed by the party responsible for
mauateuance of the particular Improvetnents requiring replacement,after consultation with the other
partyJO days in advance of com menotiftie ttof such work.The costs of such repair and replacement
shall be shared equally by the parties, unless otherwise agreed in advance. In the event of
emersoncyrepairsorreplacementf*r*W hadvanceconsultationisnotpracticable,thepartiesagree
to work cooperatively and promptly to establish a mutually agreed apportionment of costs ofe
emergency action.
5. Remainder of Joint Property and Block 31.
This Agreement is not intended to govern or establish the rights or responsibilities of the
P 44e 8 ding°Qr arising tiom`thowportions of Block 31 not addressed in this Agreement.
6. Private Use of Joint Prope
JWh party agrees that it shallatall times avoid and prevent the use of Block 31 property in a
mar131,99 that would result inthe failure of either party to comply with the private use restrictions set
forth jA#w federal Internal Revenue Code,and any related regulations and policies,as the same may
aPPlk' exempt financing for and in connection with Block 31 property in existence at the time
of ftAgwoment
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
ot*jwty at.the,address indicated belawr,!or at such other address as may be designated by either
ply:
If to the City: City Manager
City of Fort Collins
300 LaPorte Avenue
P.O. Box 580
Fort Collins, Colorado 80522
5(y
4 �Ln
If to the County; :�_, >rQ!uttY Manager •�.,r�
Larimer County
P.O.Box 1190 W
:Fort Collins,Colorado 80522 a:
8. Liabilio-<
8.1 The County shall be responsible for any and all claims,damages,liability and evnutsry
awards including costs,expenses and attorney fees,jgeurred as a result of any aelio oriomis sion of .t
County or its officers,employees,and agents in connection with the performance of this Ott•
8.2 The City shall be responsible for,any and all claims, damages,flial ilityattd i ourt
awards,including costs,expenses,and attorney fees;incurred as a result of any act oaomiujwmlby .
City,or its officers,employees,and agents in connection with the performance of this Agrownent.
8.3 Nothing in this Section 8 or,,any otherprovision of this Agreement shallbeeonstuot,
as a waiver of the notice requirements,defenses,imww*ies,and limitations the CityorCoun . '
have under the Colorado Governmental Immunity Act(1 24-10-101,C.R.S.,et.seq.)ortonnyF :
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 shouldatitii+oi+re " . ' '}
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 partyahallbe
�Y
allowed a period of twenty(20)days,from receipt.ofnetice of said default fromthe diting
Party, within which to cure said default. In the event the default remains un ,a*s 4k $`
event of a nonmonetary default, reasonable steps to cure said default have not
diligently pursued, the non-defaulting party,may,eloctto: (a) terminate this Agreement $<:
damages;(b)treat this Agreement as continuing and require specific performance;or(c pJtoiffftliee
of any other remedy at law or equity.
10. Non-aunroariation.
All obligations of each party hereunder;,are expressly contingent >upan thdaYatltal+'
appropriation of funds sufficient to carry out the same by the governing body of such party.
11. Assienment
Neither City nor County may assign any rights or delegate any duties under this Agreement
without the written consent of the other party.
12. Entire Aereement.
This Agreement, along with all exhibits and other documents incorporated herein, shall
constitute the entire agreement of the parties and supersedes anypnoragreetnent between the parties
regardingjoint ownership and occupation" lbck 31,including without limitation,the'1998 I6A,
but does not supercede or in any way impair#the Municipal Court This Agreement shall
inure to the benefit of their respective survivors, heirs, succ, rs `assigns. Covenants or
representations not contained in this Agreement shall not be binding'oAlttie parties.
13. Law/Severability.
This Agreement shall be governed ~ ;, iiespects by the laws of tlif State of Compado. In the
event any provision of this Agreement shall be held invalid or unenfiibeable 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 dfiitlt under any of the provisions of this Agreement and
the nondefaulting party shall commence and prevail in 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.
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IN WITNESS WHEREOF,the parties have executed this Agreement on the day and year
first above written.
For the County: COUNTY OF LARIMER,COLORADO �
I:QUN "� apolitical subdivision ofthe State ofColorado
SEAL I � gy
l air
y E B(ffoMfCoun
Commissioners
Approved as to legal form:
4e6plerk the Board
-
Asai•, Coun Attome
For the City: THE CITY OF FORT COLLINS x
a Colorado home-rule municipality
By:
Mayor
ATTEST:
Approved as to legal form:
City Clerk
Assistant City Attorney