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
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