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HomeMy WebLinkAbout2003-046-03/25/2003-AUTHORIZING AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY FOR THE FOSSIL CREEK RESOLUTION 2003-046 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY FOR THE FOSSIL CREEK RESERVOIR PROPERTIES WHEREAS, on January 16, 2001, the City Council adopted on second reading Ordinance No. 3, 2001, authorizing an Intergovernmental Agreement by and between the City and Larimer County related to the joint acquisition and ownership of seven properties in the Fossil Creek Reservoir area totaling 833 acres, for an estimated total purchase price of $7.7 million, and authorizing the conveyances contemplated therein; and WHEREAS, in January 2001, the City and Larimer County entered into that certain Intergovernmental Agreement Concerning the Fossil Creek Reservoir Area Properties (the "IGA"), consistent with Ordinance No. 3, 2001; and WHEREAS, since the completion of the IGA, six of the properties identified for acquisition and shared ownership therein have been acquired and are now in the joint ownership of the City and the County, with only"Tract D", a 10-acre property described therein, remaining to be acquired; and WHEREAS, the IGA provides that the City and the County will share equally in the acquisition of Tract D, for a purchase price of$400,000, or$200,000 each; and WHEREAS, after extensive negotiations with the owner of Tract D, staff and the owner have agreed upon a purchase price of$520,000, subject to Council approval; and WHEREAS, the County has requested that the City agree to pay $300,000 towards the acquisition of Tract D for the total purchase price of$520,000; and WHEREAS, City staff recommends that the City pay the requested amount in order to allow the acquisition of Tract D to proceed on a voluntary basis, and in order to complete the acquisition of the last of the planned Fossil Creek Reservoir Area properties; and WHEREAS, the funds required for the City's share of the purchase of Tract D are appropriated and available in the Open Lands Fund for 2003; and WHEREAS, although the IGA requires the County as the managing entity for the Fossil Creek Reservoir Area properties to pay all costs of the improvements to those properties that are identified in the Fossil Creek Reservoir Management Plan, dated October 2000, as amended in December 2002, the County has requested that the City agree to share equally in the costs of those improvements, in order to allow for the improvement of the properties for public use more quickly; and WHEREAS, the IGA further provides that the improvement of the properties will be planned, scheduled and designed in advance by mutual agreement of the parties; and WHEREAS, City staff recommends that the City agree to share equally in the costs of the improvement of the properties, in order to provide for earlier and fuller enjoyment of the properties by the public; and WHEREAS, in order to document the modifications to the IGA described herein, City staff has negotiated with the County the proposed Amendment to Intergovernmental Agreement Concerning the Fossil Creek Reservoir Area Properties attached hereto as Exhibit "A" and incorporated herein by this reference (the "Amendment"); and WHEREAS, the City is authorized to enter into intergovernmental agreements to provide any function, service or facility, such as a grant agreement, as provided in Article H, Section 16 of the Charter of the City of Fort Collins and Section 29-1-203, C.R.S.; and WHEREAS, Ordinance No. 3, 2001, expressly provided that although the IGA was initially approved by ordinance, future amendments to the IGA not otherwise provided for in that Ordinance may be approved by the Council by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor is hereby authorized to enter into the Amendment to the IGA. Passed and adopted at a regular meeting of the City Council held this 1st day of April, A.D. 2003. AF Mayor ATTEST: = ` ATTEST: City Clerk EXHIBIT "A" AMENDMENT TO INTERGOVERNMENTAL AGREEMENT CONCERNING THE FOSSIL CREEK RESERVOIR AREA PROPERTIES This Amendment to Intergovernmental Agreement Concerning the Fossil Creek Reservoir Area Properties is made this day of April, 2003, by and between the CITY OF FORT COLLINS, COLORADO and LARIM ER COUNTY, COLORADO. WHEREAS, part of 2 of Article 1 of Title 29, C.R.S. authorizes governments to cooperate and contract with one another to provide any function, service or facility lawfully authorized to each, including the sharing of costs; and WHEREAS, in January 2001, the parties hereto entered into that certain Intergovernmental Agreement Concerning the Fossil Creek Reservoir Area Properties by and between them (the "Agreement"), which Agreement set forth the agreement between them concerning the sharing of costs and responsibilities for the acquisition, ownership, improvement, and management of the Properties as described therein; and WHEREAS, since the time of the Agreement, the parties have determined that a modification of certain provisions of the Agreement would be beneficial in order to update the Agreement to reflect new information and plans amongst the parties; and WHEREAS, accordingly, the parties have agreed to this Amendment to document and describe those modifications. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Section A.1(d) of the Agreement is hereby amended to read as follows: (b) Five Hundred Twenty Thousand Dollars ($520,000.00) for Tract D; 2. Section BA of the Agreement is hereby amended to read as follows: 4. Upon the acquisition of Tract D by the County and the issuance of a title commitment as described in paragraph B.l for Tract D, the City shall pay to the County $300,000 and the County shall quitclaim an undivided 50 percent (50%) interest in Tract D to the City, which deed the County shall, after acceptance by the City, submit to the County Clerk and Recorder for recording the real property records of the County. The County shall provide a copy of the recorded deed for Tract D to the City upon completion of recording. 1 3. Section B.8 of the Agreement is hereby amended to read as follows: 8. In the event all or any portion of the Properties is sold, exchanged, transferred or otherwise disposed of, the net proceeds from such disposition shall be divided between the parties in the same proportion as their ownership interest in the property, except that with respect to Tract D, the City shall be entitled to 58% and the County 42% of the total. In the event that all or any portion of the Properties is taken by eminent domain, the costs and proceeds of such condemnation shall be shared proportionally by the parties consistent with their ownership interest in the Properties, except that with respect to Tract D, the City shall be entitled to 58% and the County 42% of the total. 4. Section C.2 of the Agreement is hereby amended to read as follows: 2. The parties agree that the Properties shall be managed in accordance with the Fossil Creek Reservoir Resource Management Plan, dated October, 2000 and amended in December 2002 (the "Management Plan"). In the event the parties determine that modifications to the Management Plan are necessary or appropriate, such changes may be made by agreement of the City Manager and County Manager. If all or any portion of the Properties is subject to leases, deeds of trust or other legal restrictions, including without limitation the terms of the City's acquisition of Tract F from the State Land Board and related agreements, it shall be managed in accordance therewith. New encumbrances that may be granted or imposed in the future on the Properties, such as easements or rights of way, shall be addressed in the next subsequent revisions of the Management Plan, and shall be subject to the approval of the governing bodies of the parties, each in their sole discretion. 5. Section C.7 of the Agreement is hereby amended to read as follows: 7. The Management Plan identifies various improvements to be made to the Properties, including, without limitation, such items as Recreational Improvements, Landscape Improvements, and Habitat Improvements. The parties shall share equally the costs associated with implementing the various improvements to the Properties, provided that any such improvements shall be planned, scheduled and designed in advance by mutual agreement of the parties. 6. Section D.5 of the Agreement is hereby amended to modify the addresses for provision of notice to read as follows: 2 To Larimer County: Open Lands Manager Larimer County Parks and Open Lands Department 1800 South County Road 31 Loveland, Colorado 80537-9638 To the City of Fort Collins: Natural Resources Director City of Fort Collins Department of Natural Resources 281 North College Avenue Fort Collins, Colorado 80521 7. The Agreement shall remain in full effect and unmodified, except as expressly set forth in this Amendment. 8. This Amendment shall be effective upon the date of the last party to sign. CITY OF FORT COLLINS, COLORADO Dated: By: Mayor ATTEST: APPROVED AS TO FORM: City Clerk Assistant City Attorney LARIMER COUNTY, COLORADO Dated: By: Chair, Board of County Commissioners ATTEST: APPROVED AS TO FORM: Deputy Clerk County Attorney 3