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Home My WebLink About2012-082-09/04/2012-APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE FORT COLLINS DOWNT RESOLUTION 2012-082 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY REGARDING FUNDING OF THE MUSEUM OF DISCOVERY PROJECT WHEREAS, on April 21, 1981, the City adopted Ordinance No. 046, 1981, establishing The Fort Collins, Colorado Downtown Development Authority("DDA"); and WHEREAS, the DDA has been duly organized in accordance with the Colorado Revised Statutes 31-25-801, et seq.; and WHEREAS, the DDA's Plan of Development was approved by the City Council on September 8, 1981, and established the purpose of the DDA and the types of projects in which the DDA would participate; and WHEREAS, construction of a new museum facility at the northeast corner of Cherry Street and Mason Street referred to as the Fort Collins Museum/Discovery Center Joint Facility (the"Museum of Discovery Project") falls within the purposes and types of projects in the Plan of Development; and WHEREAS, the DDA is empowered, pursuant to C.R.S. §31-25-808, to cooperate with the City, to enter into contracts with the City and to make or receive from the City grants, contributions and loans; and WHEREAS, the City is authorized to enter into intergovernmental agreements, such as a grant agreement, to provide any function, service or facility,under Article II, Section 16 of the Charter of the City of Fort Collins and Section 29-1-203, C.R.S.; and WHEREAS,.the DDA has approved the reimbursement to the City the sum of Three Million Dollars (S3,000,000) for a portion of the actual costs of construction of the Museum of Discovery Project; and WHEREAS, the City Council desires to enter into an intergovernmental agreement between the City and the DDA concerning the grant of DDA funds to the City in the form attached hereto and incorporated herein as Exhibit A (the"IGA"). NOW, THEREFORE, BE IT RESOLVED BY COUNCIL OF THE CITY OF FORT COLLINS that the Mayor is hereby authorized to execute the IGA on behalf of the City, in substantially the form contained in Exhibit A attached hereto and incorporated herein by this reference,subject to such modifications and additions as maybe deemed necessary or appropriate by the City Manager, in consultation with the City Attorney, in order to protect the interests of the City or to further the purposes of the Agreement or this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of September A.D. 2012. Mayor ATTEST: ®R- Of FORT Cj City Clerk EXHIBIT A INTERGOVERNMENTAL AGREEMENT REGARDING THE GRANT OF FUNDS FOR THE MUSEUM OF DISCOVERY This INTERGOVERNMENTAL AGREEMENT ("IGA") is made and executed this _ day of 2012, by and between the CITY OF FORT COLLINS, COLORADO, a Colorado municipal corporation (the "City") and THE FORT COLLINS, COLORADO DOWNTOWN DEVELOPMENT AUTHORITY, a body corporate and politic (the "DDA"). WITNESSETH: WHEREAS, pursuant to C.R.S. §31-25-808(g), the DDA is empowered to make contributions, grants, and loans to the City that will further the statutory mission of the DDA; and WHEREAS, on April 1, 2004, the Board of Directors of the DDA (the "DDA Board"), upon consideration of a conceptual private/public endeavor to expand the Fort Collins Museum, adopted Resolution 2004-05 pledging the sum of One Million Dollars ($1,000,000) toward such concept, subject to certain conditions to ensure future City funding and DDA design review prior to construction; and WHEREAS, in 2005, Fort Collins voters approved an initiative to increase sales and use tax by one-quarter cent to generate revenue to fund the "Building on Basics" Capital Project Program including, among others, the construction of a new museum facility at the northeast corner of Cherry Street and Mason Street referred to the Fort Collins Museum/Discovery Science Center Joint Facility (the "Museum of Discovery Project"); and WHEREAS, on May 14, 2009, upon receipt of an update regarding the status of private and public funding commitments for the Museum of Discovery Project, the DDA Board approved an additional commitment of Two Million Dollars ($2,000,000), thereby bringing the project's funding to seventy-five percent (75%) of the total capital campaign and allowing the project team to approach private foundations for the balance of capital funding, and bringing the DDA's total commitment toward the Museum of Discovery Project ("Total Project Commitment")to Three Million Dollars ($3,000,000); and WHEREAS, on May 10, 2012, the DDA Board considered and approved a schedule for payment of the Total Project Commitment to the City; and WHEREAS, the parties desire to enter into this IGA concerning the grant of DDA funds to the City for the Museum of Discovery Project, and the DDA Board has authorized its Chairperson to execute this IGA regarding such grant; and c WHEREAS, this IGA complies with the criteria for City Manager execution pursuant to Ordinance No. 70, 1993. NOW, THEREFORE, in consideration of the mutual promises and other valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. Contribution. The DDA shall annually deliver payments to the City for the purpose of reimbursing the City for a portion of the actual costs of construction of the Museum of Discovery Project, in accordance with the following schedule: a. The DDA shall pay to the City the amount of Seven Hundred Fifty Thousand Dollars ($750,000) prior to December 31, 2012. b. The DDA shall pay to the City annually the amount of Five Hundred Thousand Dollars ($500,000) prior to December 31'` of each of the following calendar years: 2013, 2014, 2015 and 2016. C. The DDA shall pay to the City the amount of Two Hundred Fifty Thousand Dollars ($250,000) prior to December 31, 2017. 2. Conditions. The DDA's contribution to the City for the Museum of Discovery Project shall be subject to the following terms and conditions: a. The maximum amount of DDA funds that shall be paid to the City pursuant to this IGA shall be Three Million Dollars ($3,000,000); and b. All funds delivered by the DDA to the City pursuant to this IGA shall be expended by the City solely as reimbursement for the cost of the Museum of Discovery Project. C. Any payments pursuant to this IGA that have not been made by December 31, 2012, shall be contingent upon the reappropriation by the DDA Board and the City Council of the City of the funds to make such payments. 3. Governing Law. This Agreement shall be governed by, and its terms construed under, the laws of the State of Colorado. 4. Notice. All notices to be given to parties hereunder shall be in writing and shall be sent by certified mail to the addresses specified below: DDA: Downtown Development Authority Attn: Executive Director 19 Old Town Square, Suite 230 Fort Collins, CO 80524 2 With a copy to: Liley, Rogers & Martell, LLC 300 South Howes Street Fort Collins, CO 80521 CITY: City of Fort Collins Attn: Chief Financial Officer 215 N Mason Street Fort Collins, CO 80524 City of Fort Collins Attn: Director of Community Services 215 N Mason Street Fort Collins, CO 80524 With a copy to: City of Fort Collins Attn: City Attorney 300 LaPorte Avenue Fort Collins, CO 80521 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. CITY OF FORT COLLINS, COLORADO, a Colorado municipal corporation By: Darin A. Atteberry, City Manager APPROVED AS TO FORM: City Attorney ATTEST: City Clerk 3 THE FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY, a body corporate and politic By: Wynne Odell, Chairperson ATTEST: By: Bill Sears, Secretary 4