HomeMy WebLinkAbout2009-018-02/17/2009-AUTHORIZING THE GRANT OF A LICENSE TO ENTER TO THE POUDRE RIVER PUBLIC LIBRARY DISTRICT RESOLUTION 2009-018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE GRANT OF A LICENSE TO ENTER
TO THE POUDRE RIVER PUBLIC LIBRARY DISTRICT
WHEREAS, the City and Front Range Retail Company, L.L.C. ("FRRC") entered into a
Library Construction and Purchase Agreement dated January 3, 2008 (the "Construction
Agreement'); and
WHEREAS, the Construction Agreement calls for the City and FRRC to collaborate on the
construction of the new Southeast Branch Library (the "Library") at the Front Range Village
shopping center; and"
WHEREAS, the Library will be a unit in a common interest planned community located at
2721 Council Tree Avenue, currently known as Building 400, Front Range Village, located on a
portion of Lot 13 according to the First Replat of Subdivision of Front Range Village, Fort Collins,
Colorado; and
WHEREAS, under the terms of the Construction Agreement, FRRC will convey ownership
of the Library to the City when the interior finish of the Library is substantially complete, which is
expected to happen around February 12, 2009; and
WHEREAS, FRRC has authorized the City to be on the Library property to complete the
interior finish through an Early Entry License Agreement, dated September 15, 2008 ("the FRRC
License Agreement'); and
WHEREAS,the City,the County and the Poudre River Public Library District(formerly,the
Fort Collins Regional Library District)("District')entered into an intergovernmental agreement on
December 18, 2007 (the "Library IGA"); and
WHEREAS, the Library IGA calls for the City to convey the Library to the District once the
Library has been conveyed to the City by FRRC, but only after the Library is fully completed and
final payment for the work has been made; and
WHEREAS, the City and FRRC are not yet ready to close on the conveyance of the Library
from FRRC to the City, and, in addition, there may be a gap of a few weeks to a month between the
time the City takes ownership of the Library and the time the City conveys it to the District; and
WHEREAS, the District plans to open the Library to the public on March 28, 2009; and
WHEREAS, in order to meet its goal of opening on March 28, the District needs access to
the Library as soon as possible to prepare the Library for opening; and
WHEREAS, FRRC has agreed to amend the FRRC License Agreement to permit the City
to grant a sublicense to the District; and
WHEREAS, City staff is asking that the City Council grant the District a revocable license
to enter the Library(the"License to Enter"),so that the District's officers,employees and agents may
enter the Library property for the purpose of preparing the Library for opening; and
WHEREAS,the District would initially be a sublicensee of the City and would have to agree,
in writing, to comply with the terms of the FRRC License Agreement; and
WHEREAS,the Library property that would be covered by the License to Enter is shown on
Exhibit"A", attached hereto and incorporated herein by this reference; and
WHEREAS, the proposed License to Enter would not include the right to open the Library
to the public or to invite the public onto the Library property prior to the District taking title to the
Library; and
WHEREAS, because it is in the best interests of the citizens of the City that the Library open
promptly,and because the term of the License to Enter will be very short,staff is recommending that
the District not be charged a fee for the License to Enter; and
WHEREAS,Article XI, Section 10,of the City Charter authorizes the City Council to permit
the use of occupation of any street, alley, or public place, provided that such permit shall be
revocable by the City 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 Mayor is hereby authorized to execute such documents as are necessary to grant
to the Poudre River Public Library District a revocable License to Enter the Southeast Branch
Library,consistent with the terns of this Resolution,along with 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 to effectuate the purposes of this Resolution, including, but not
limited to, any necessary changes to the description of the license area, as long as such changes do
not materially increase the size or change the character of the license area.
Passed and adopted at a regular meeting of the Co il the City of Fort Collins t is 17th
day of February A.D. 2009.
Mayor
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City Clerk
Exhibit AgG %
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Exhibit A (2 of 2)
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