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HomeMy WebLinkAbout2010-021-04/20/2010-APPROVING AN INTERIM AGREEMENT AMONG THE CITY, THE DOWNTOWN DEVELOPMENT AUTHORITY, THE DOWNTOWN BUSI RESOLUTION 2010-021 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN INTERIM AGREEMENT AMONG THE CITY, THE DOWNTOWN DEVELOPMENT AUTHORITY, THE DOWNTOWN BUSINESS ASSOCIATION AND PROGRESSIVE OLD TOWN SQUARE LIMITED LIABILITY COMPANY, REGARDING THE MAINTENANCE AND MANAGEMENT OF OLD TOWN PLAZA WHEREAS, the Downtown Development Authority (DDA) is the owner of certain real property located in Fort Collins, Colorado,known as"Old Town Plaza", as shown on Exhibit"A", attached and incorporated herein by reference; and WHEREAS, Old Town Plaza was developed by a private developer in 1983-84 to enhance the Old Town area by providing a pedestrian mall for shoppers; and WHEREAS,Progressive Old Town Square Limited Liability Company(POTS)is the owner of private property buildings adjacent to Old Town Plaza, as shown on Exhibit A; and WHEREAS,the Downtown Business Association(DBA)manages Old Town Plaza on behalf of the DDA; and WHEREAS,the City is the owner of certain rights-of-way adjacent to and abutting both Old Town Plaza and the POTS property, as shown on Exhibit A; and WHEREAS,in July, 1993,the City Council approved Resolution 1993-161,authorizing an agreement between the City, the DDA, and POTS' predecessor in interest; and WHEREAS,on October 29, 1993,in accordance with Resolution 1993-161,the City,DDA and POTS entered into an agreement regarding the maintenance and management of Old Town Plaza and establishing a payment in lieu of taxes (the "1993 Agreement"); and WHEREAS, the parties have since executed two amendments to the 1993 Agreement; the first,dated May 20, 1994,concerned the provision of electricity to lights and signs, and the second, dated August 14,2000,provided for payments for enhanced maintenance and capital improvements for Old Town Plaza; and WHEREAS, On July 13, 2005, the City, DDA and POTS entered into an agreement modifying the roles,responsibilities and financial commitments of each party with regard to the use, operation,maintenance and repair of Old Town Plaza and adjacent rights-of-way(the"First Interim Agreement"); and WHEREAS, the First Interim Agreement was for a one-year term while the parties worked on negotiating a new permanent agreement to replace the 1993 Agreement; and WHEREAS,the parties have not yet been able to negotiate a new permanent agreement and now wish to enter into a"Second Interim Agreement"to again modify each party's responsibilities for Old Town Plaza and the adjacent rights-of-way; and WHEREAS, the Second Interim Agreement is on file in the office of the City Clerk and available for review; and WHEREAS, under the terms of the Second Interim Agreement, the City, DDA and POTS would each contribute funds to pay for maintenance and repair work for Old Town Plaza and the rights-of-way, with the City performing the work; and WHEREAS, the City and DDA would each contribute $58,931 annually and POTS would contribute $4,500 per month, as their respective shares of the maintenance costs; and WHEREAS, pursuant to Section 1-22 of the City Code, the City Council is being asked to approve the Second Interim Agreement by resolution because it is, in part, an intergovernmental agreement between the City and the DDA,and the direct monetary payments to be made by the City exceed $50,000. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Manager is hereby authorized to execute the Second Interim Agreement in substantially the form as is on file in the office of the City Clerk,together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, deems necessary and appropriate to protect the interests of the City or to effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the Council the City of Fort Collins this 20th day of April A.D. 2010. Mayor ATTEST: City Clerk Exhibit A Ownership Downtown Development Authority Progressive Old Town Square The City of Fort Collins L T L I�\ O b s j i S , ALLEY — v -- CD r N i' I $Tt1NART$A1550C1AT-F$ • C' r lfrv3 Ervin a Si .cues x , — ms rowx _ ICJY WtOYVM YMLR, IpT CM& M. cn JWM}I OOAI .R[UOFI .4Z[ 9%)r . •. • sire e�arc •.-• •• ��F E V I S •0•K 5E V 15 •0•K 5 ,