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HomeMy WebLinkAbout2013-066-07/16/2013-AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT REGARDING MAINTENANCE OF OLD RESOLUTION 2013-066 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT REGARDING MAINTENANCE OF OLD TOWN PLAZA BETWEEN THE DOWNTOWN DEVELOPMENT AUTHORITY AND THE CITY 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, the City is the owner of certain rights-of-way adjacent to Old Town Plaza including Trimble Court Alley (collectively, the "Rights-of-Way') as shown on Exhibit A; and WHEREAS, Progressive Old Town Square, LLC ("POTS") is the owner of certain real property located adjacent to Old Town Plaza, as shown on Exhibit A; and WHEREAS,on July 5, 1983,the DDA and Old Town Associates Ltd., POTS's predecessor in title, entered into an agreement (the "Implementation Agreement") for the development of Old Town Plaza and adjacent private property (the "Project") which set forth the duties and responsibilities of each party in connection with the Project; and WHEREAS, on October 29, 1993, the DDA, POTS and the City entered into an agreement which set forth the rights and obligations of each party in connection with the Project and the Rights- of-Way (the"1993 Agreement'), which superseded the Implementation Agreement in its entirety; and WHEREAS, on July 13, 2005, the DDA, POTS and the City executed an agreement that established certain rights and responsibilities of the parties in connection with the use, operation, maintenance and repair of Old Town Plaza while the parties worked on restructuring the 1993 Agreement (the "Interim Agreement') and, on April 21, 2010, executed the "Second Interim Agreement' for the purpose of ratifying the performance of the parties from and after June 14, 2006 and establishing the rights and responsibilities of the parties through December 31, 2011; and WHEREAS,on March 6,2012,the parties executed the"First Amendment to Second Interim Agreement'for the purpose of extending the term of the Second Interim Agreement until December 14, 2014, unless prior to such time the parties had executed an agreement restructuring the 1993 Agreement; and WHEREAS, the DDA contemplates making major renovations to Old Town Plaza in 2015 (the "Renovation Project'); and WHEREAS,in contemplation of the Renovation Project,the DDA,the City and POTS wish to enter into an agreement called the 2013 Old Town Plaza Master Agreement, (the "2013 Agreement'),the approval of which the City Council is considering under a separate Resolution;and WHEREAS, the 2013 Agreement would supersede any and all provisions of the 1993 Agreement and amendments thereto, the Second Interim Agreement and the First Amendment to Second Interim Agreement, and would set forth the continuing rights and financial obligations of POTS regarding the maintenance,repair and replacement of the Old Town Plaza infrastructure; and WHEREAS,because the 2013 Agreement only specifies the obligations of POTS regarding Old Town Plaza, the City and the DDA wish to enter into a new Intergovernmental.Agreement Regarding Maintenance of Old Town Plaza, a copy of which is attached and incorporated herein as Exhibit"B",to memorialize theirrespective rights and obligations regarding maintenance,repair and replacement of improvements in Old Town Plaza (the "IGA"); and WHEREAS, pursuant to Section 1-22 of the City Code, the City Council is being asked to approve the IGA by resolution because the direct monetary payments to be made by the City under the IGA exceed $50,000; and WHEREAS, on June 13, 2013, the Board of Directors of the DDA adopted Resolution No. 2013-09 approving the IGA and authorizing its execution by the Chairperson. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Manager is hereby authorized to execute the IGA in substantially the form attached as Exhibit B, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, deems necessary or appropriate to protect the interests of the City or to effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of July A.D. 2013. 9�S,dt.t�riCJ ��(rL�� ova^ 9441yor OF FO ATTEST: City Clerk �i ( ;.• " i.� 0 EXHIBIT "A" RIGHT-OF-WAY FOR � u - 1 • � • I � ' —.�•I • ._.7 `0 . NORTH COLLEGE AVENUE_ _ T e w ma +`I . � . 4{�{ \. ♦ � s 1 - '—•• _ W RIGHT-OF-WAY FOR � to \ . � i 20' PUBLIC ALLEY wr / d J — I � O r ' 4e�\� P ♦ '� 1C (OT0 ' e i V %iIX o(�. r r �< It 44 It I m `tee 6 ��. p \ a��o \ . • Z D S 2 j D < 0 • IIIIIId 11 m A 1 •`f' ♦ a' z' a 'n m P l o / 0 M M : s b 2m 2m w 2 w ! 8 mZ I°n ' S / m / 0 1 �® N1 Wo tit yY Q! y 1 62 A g g 1P o S m gf V y ZIII YC6 [ F 'n 'a 'ee 'x aai Gvu 'na' 'a i 'e "x 'a 'a i 't 's 'syyzzzzz : ccj ' � � m Ri443 � � = � g4g ME qr (A0$ uy yQW cam m O t�lfr v p n iQ O R 9 B Y Y e Y e 1 s Y i d �1 $mF - O sIIS es � aa3 0 MONOExhibit C to 2013 Old Town Plaza Master Agreement dated PROJECiNO , 2013 by and among The Fort Collins, Colorado, EXHIBIT C SNEETNO. 13�60.NMRBrNe. Sub�Hl Downtown Development Authority, the City of Fort Collins, OESGNEOBY. B. Lamc. WTE ,M-z, FW "m. WaKo SM5 ORAV,NBY', N. b *r 6C4LE' I%W 1 TAi9702031$73 Colorado, and Progressive Old Town Square, LLC. A.e.�yMe, Im �,, >PPROVEO BY. R. Meyar SHEET SUBSET: NONE TOiLL NUMEEeI EXHIBIT " B " INTERGOVERNMENTAL AGREEMENT REGARDING MAINTENANCE OF OLD TOWN PLAZA This INTERGOVERNMENTAL AGREEMENT REGARDING OLD TOWN PLAZA ("IGA") is made and entered into this day of , 2013 , by and among THE FORT COLLINS , COLORADO, DOWNTOWN DEVELOPMENT AUTHORITY, a body corporate and politic established pursuant to Title 31 , Article 25, Part 8 of the 1973 Colorado Revised Statutes, as amended, having its principal offices at 19 Old Town Square, Suite 230, Fort Collins, Colorado 80524 (hereinafter the "DDA"), and the CITY OF FORT COLLINS, COLORADO, a municipal corporation, having its principal offices at 300 LaPorte Avenue, Fort Collins, Colorado 80521 (hereinafter the "City") . WITNESSETH : WHEREAS, the DDA has been duly organized in accordance with C.R. S . § 31 -25-801 et seg. (the "DDA Statute") ; and WHEREAS , the DDA Statute has declared that the organization of downtown development authorities will serve a public use; promote the health, safety, prosperity, security, and general welfare of the inhabitants thereof and of the people of this state; will halt or prevent deterioration of property values or structures within central business districts ; halt or prevent the growth of blighted areas within such districts, and assist municipalities in the development and redevelopment of downtowns and in the overall planning to restore or provide for the continuance of the health thereof; and WHEREAS , pursuant to C.R. S . § 31 -25 -808( 1 )(f), the DDA is empowered to enter into contracts with governmental agencies and public bodies in furtherance of the statutory mission of the DDA; and WHEREAS, the DDA is the owner of certain real property also located in Old Town in the City of Fort Collins, Larimer County, Colorado, more particularly described on Exhibit A attached hereto and by this reference incorporated herein (hereinafter "Old Town Plaza"); and WHEREAS , the City is the owner of certain rights-of-way adjacent to Old Town Plaza including Trimble Court Alley (collectively, the "Rights-of-Way") as depicted on Exhibit B attached hereto and incorporated herein by this reference; and WHEREAS , Progressive Old Town Square, LLC ("POTS") is the owner of certain real property located adjacent to Old Town Plaza in the City of Fort Collins, Larimer County, Colorado ; and WHEREAS, on July 5 , 1983 the DDA and Old Town Associates Ltd. , POTS ' predecessor in title, entered into an agreement (the "Implementation Agreement") for the development of Old Town Plaza and private property adjacent thereto (together referred to 1 hereinafter as the "Project") which set forth the duties and responsibilities of each party in connection with the Project; and WHEREAS , on October 29, 1993 , the DDA, POTS and the City entered into an agreement which set forth the rights and obligations of each party in connection with the Project and the Rights-of--Way (hereinafter referred to as the " 1993 Agreement"), which 1993 Agreement superseded the Implementation Agreement in its entirety; and WHEREAS, the DDA, POTS and the City executed the Interim Agreement dated July 13 , 2005 which established certain rights and responsibilities of such parties in connection with the use, operation, maintenance and repair of Old Town Plaza while the parties worked on restructuring the 1993 Agreement and, on April 21 , 2010, executed the Second Interim Agreement for the purpose of ratifying the performance of the other parties from and after June 147 2006 and establishing the rights and responsibilities of the parties through December 31 , 2011 ; and WHEREAS , on March 6, 2012, the parties executed the First Amendment to Second Interim Agreement for the purpose of extending the term of the Second Interim Agreement for an additional two (2)-year period through December 31 , 2013 , and to provide for an automatic extension to December 14, 2014 unless prior to such time the parties had executed an agreement restructuring the 1993 Agreement; and WHEREAS , the DDA contemplates making major renovations to Old Town Plaza in 2015 which conceptually consist of those items described on Exhibit C, attached hereto and by this reference incorporated herein (the "2015 Renovation Project") ; and WHEREAS , in contemplation of the 2015 Renovation Project, the DDA, the City and POTS entered into the 2013 Old Town Plaza Master Agreement on the , 2013 (the "2013 Agreement"), which 2013 Agreement superseded any and all provisions of the 1993 Agreement and amendments thereto, the Second Interim Agreement and the First Amendment to Second Interim Agreement and, further, set forth the continuing rights and obligations of POTS regarding the maintenance, repair and replacement of the Old Town Plaza infrastructure; and WHEREAS, both parties acknowledge the significance of Old Town Plaza to the citizens of the City and the importance of future continued maintenance of Old Town Plaza to a standard that meets citizens ' expectations therefor and use thereof; and WHEREAS, the DDA and the City desire to enter into this IGA to set forth the continuing rights and obligations of the DDA and the City regarding the management, maintenance, repair and replacement of the Old Town Plaza infrastructure; and WHEREAS , the Board of Directors of the DDA has adopted Resolution No. 2013 - approving this IGA and authorizing its execution by its Chairperson; and NOW, THEREFORE, by and in consideration of the above premises and the within terms and conditions, the parties hereto agree as follows : 2 1 . 0 TERM 1 . 1 Initial Term. The term of this IGA shall commence upon its execution by the parties and shall continue through December 31 , 2014. 1 . 2 Automatic Renewal . Unless the Renovation Project IGA, as later herein defined, has been executed prior to December 31 , 2014, the term of this IGA shall automatically renew for three (3 ) additional one ( 1 ) year periods, subject to the early termination provision set forth in Section 1 . 3 below. 1 . 3 Early Termination. Upon execution of the Post-Renovation IGA, as later herein defined, this IGA shall automatically terminate. 2.0 CITY RESPONSIBILITIES 2 . 1 Maintenance. During the Term of this IGA, the City shall be responsible for the maintenance and repair of Old Town Plaza and the Rights-of-Way, and all improvements located thereon, as specifically set forth in the scope of services attached hereto as Exhibit "D" and incorporated herein by reference ("Scope of Services") . 2 . 2 Rights-of-Way. The City shall control the use of the Rights-of-Way in accordance with applicable state statutes and the Charter of the City and the Fort Collins Municipal Code, including permitting and regulation of vending and concession operations, and regulation of First Amendment activities within the Rights-of-Way. 3 .0 FUNDING 3 . 1 DDA Contribution/Payments. 3 . 1 . 1 DDA Contribution. The DDA shall be obligated to make an annual contribution to the City, subject to the limitation of Section 3 . 1 .4 hereof, in the amount of Sixty-three Thousand Forty-six Dollars ($63 ,046 . 00) as its share of the cost to perform the Scope of Services during the term of this IGA, with such payment being due on or before June 30 of each year during the term hereof commencing on June 30, 2013 (the "DDA Contribution"). Beginning with calendar year 2014, the DDA Contribution shall be annually adjusted to reflect changes in the consumer price index, in accordance with Section 3 .3 hereof. 3 . 1 .2 DDA Direct Expenses. Maintenance, repair or replacement expenses described in the Scope of Services as being the responsibility of the DDA shall be identified and approved in accordance with the Scope of Services, and the DDA shall be responsible for direct payment of such expenses. 3 3 . 1 . 3 Utility Charges for Old Town Sguare and Trimble Court Alley. The DDA has been paying and shall continue to pay during the term hereof all utility charges related to Old Town Plaza and Trimble Court Alley. 3 . 1 .4 Limitation on DDA Contribution. All financial obligations of the DDA arising under this IGA are expressly contingent upon funds for that purpose being annually appropriated, budgeted and otherwise made available by the City Council of the City, in its sole discretion, and/or the Board of Directors of the DDA, in its sole discretion, as applicable. 3 A City Contribution. 3 . 2 . 1 City Contribution. The City shall be obligated to make an annual contribution, subject to the limitation of Section 3 .2 . 2 hereof, in the amount of Sixty- three Thousand Forty-six Dollars ($63 ,046 . 00) as its share of the cost to perform the Scope of Services during the term of this IGA ("City Contribution"). Beginning with calendar year 2014, the City Contribution shall be annually adjusted to reflect changes in the consumer price index, in accordance with Section 3 .3 hereof. 3 .2.2 Limitation on City Contribution. All financial obligations of the City and arising under this IGA are expressly contingent upon funds for that purpose being annually appropriated, budgeted and otherwise made available by the City Council of the City, in its sole discretion. 3 .3 Annual Contribution Adjustment. The amount of the DDA Contribution and the City Contribution shall be annually adjusted during the term hereof to reflect increases in the Denver, Boulder, Greeley Consumer Price Index as published on the Colorado Department of Local Affairs website. Such adjustment shall be referred to hereinafter as "Adjusted Contribution. " The formula for annually determining the Adjusted Contribution for each party shall be annually determined by multiplying the change of the Consumer Price Index by the previous years ' contribution of such party. 3A POTS ' Contribution. Pursuant to the 2013 Agreement, the parties acknowledge that POTS is obligated to make certain monthly payments to the City in 2013 , 2014 and 2016 as its share of the cost to perform the Scope of Services, and that such payments increase annually by three percent (3 %) . In the event that the 3 % increase in 2013 and 2014 exceeds the Consumer Price Index change, as defined in Section 3 .3 hereof, such excess amount shall be credited against any direct expenses owed by the DDA pursuant to Section 3 . 1 .2 above and any remaining sum after the application of such credit shall be refunded to the DDA to be allocated toward additional capital needs in Old Town Plaza. In the event that the 3 % increase in any such year is less than the Consumer Price Index change, as defined in Section 3 . 3 hereof, the DDA shall make an additional payment to the City in the amount of such shortfall . The parties contemplate that the provisions regarding the 3 % increase set forth in this Section 3 .4 shall be replicated in the Renovation Project IGA, as later herein defined, as it applies to POTS ' 2016 contribution. 4 4. 0 FUTURE INTERGOVERNMENTAL AGREEMENTS 4. 1 Renovation Project IGA . The parties contemplate that the Renovation Project will take place during 2015 and that the Old Town Plaza maintenance needs during such period will likely be reduced. The parties plan to enter into a new intergovernmental agreement prior to commencement of the Renovation Project and continuing through the fall of 2016 (the "Renovation Project IGA") . The Renovation Project IGA is intended to address the rights and obligations of the parties in connection with the design and construction activities included within the Renovation Project and the maintenance obligations for Old Town Plaza in 2015 and 2016, including defining a new Scope of Services therefor. The parties contemplate that in 2016 they will make the same contributions as required under this IGA unless the agreed-upon scope of services for 2016 requires a different amount. 4.2 Post-Renovation Project IGA. The parties believe that Old Town Plaza will require significantly less maintenance once the Renovation Project is completed. Prior to December 31 , 2016, having had opportunity to review and evaluate Old Town Plaza maintenance during the year after completion of the Renovation Project, the parties contemplate entering into a new intergovernmental agreement regarding long-term Old Town Plaza maintenance by the City and the DDA with the parties sharing in the cost of Old Town Plaza maintenance, repair and replacement in the same manner and proportionate amounts as set forth in this IGA (the "Post-Renovation Project IGA") . It is intended by the parties that the Post- Renovation IGA shall provide that, in the event there is a shortfall in funding the maintenance needs as described in the scope of services described therein on account of POTS not having to make 2017 and 2018 Old Town Plaza contributions pursuant to the 2013 Agreement, the DDA agrees to pay to the City any such shortfall amount. 5 . 0 MANAGEMENT OF OLD TOWN PLAZA During the Term hereof, DDA, as the owner thereof, shall manage the Old Town Plaza, including the right to grant licenses and concessions to vendors and service providers and to schedule use of Old Town Plaza by third parties in connection with vending, promotional activities or other private purposes. 6 . 0 PERIODIC MEETINGS 6 . 1 (Quarterly Meetings. The parties hereto agree to meet quarterly during the term hereof (July, October, January and April) to review the work performed under the Scope of Services, discuss any problems with such work and address the same. 6 .2 Plaza Design Meetings. The parties hereto acknowledge that both parties need to be actively involved in the Renovation Project design from an overall design perspective including, but not limited to, aesthetics, function and maintenance costs, and to that end, the parties agree to meet frequently during the development of the Renovation Project design. 5 7 .0 COLORADO LAW This IGA shall be governed by, and its terms construed under, the laws of the State of Colorado . 8 . 0 NOTICES All notices which may be given to parties hereunder shall be in writing and shall be sent by registered or certified mail to the addresses specified below: DDA : The Fort Collins, Colorado, Downtown Development Authority Attn: Executive Director 19 Old Town Square, Suite 230 Fort Collins, Colorado 80524 With a copy to : Liley, Rogers & Martell, LLC Attn: Lucia A. Liley 300 S . Howes Street Fort Collins, CO 80521 CITY: City of Fort Collins Attn: 300 LaPorte Avenue Fort Collins, Colorado 80521 With a copy to : City Attorney' s Office 300 LaPorte Avenue Fort Collins, CO 80521 9 . 0 BENEFIT, BINDING EFFECT This IGA shall be binding on and inure to the benefit of the parties hereto and their successors and assigns. 10. 0 REMEDIES In the event of any default in or breach of this IGA or any of its terms or conditions by any party hereto or any successor in interest to such party, the non-defaulting party or parties shall have all remedies, at law or in equity, to which it or they may be entitled. 6 11 .0 LEGAL FEES AND COSTS In the event any party defaults in any of the covenants or obligations in this IGA, the defaulting party will pay all reasonable expenses of enforcing this IGA, including reasonable attorneys ' fees. 12 . 0 SEVERABILITY If any provision of this IGA is held invalid, the remainder of the IGA Agreement shall not be affected thereby, and shall continue to bind the parties hereto. IN WITNESS WHEREOF, the parties have executed this IGA as of the date written above. DDA: THE FORT COLLINS, COLORADO, DOWNTOWN DEVELOPMENT AUTHORITY, a body corporate and politic By: � ice C.D� Bevin Parker, Vice Chairperson ATTEST: ( f I - k4��/z Janet amhall, Secretary 7 CITY: CITY OF FORT COLLINS, COLORADO, a municipal corporation By: Darin Atteberry, City Manager ATTEST : Wanda Nelson, City Clerk APPROVED AS TO FORM: Assistant City Attorney 8 EXHIBIT A To Intergovernmental Agreement Regarding Maintenance of Old Town Plaza between The Fort Collins, Colorado, Downtown Development Authority and the City of Fort Collins, Colorado Legal Description of Old Town Plaza A part of Blocks 18 , 19, and Linden Street in the City of Fort Collins, according to the recorded plats thereof, County of Larimer, State of Colorado being described as follows : beginning at the Southwest Corner of said Block 18 ; thence N 89057 ' 40" E 59 . 79 feet; thence N 41 ° 16 ' 20" E 91 . 31 feet to the True Point of Beginning; thence S 48 °43 ' 40" E 6. 00 feet; thence N 86° 16 ' 20" E 8 . 01 feet; thence N 41 ° 16 ' 20" E 14. 15 feet; thence N 03 °43 ' 40" W 2 . 83 feet; thence N 48043 ' 40" W 9 . 67 feet; thence N 41 ° 12 ' 20" E 3 . 51 feet; thence N 86016 ' 20" E 8 .48 feet; thence N 41 ° 16 '20" E 56 . 16 feet; thence N 03 °43 '40" W 25 . 97 feet; thence N 48°43 ' 40" W 12.98 feet; thence S 41016 ' 20" W 6.00 feet; thence N 48043140" W 18 . 85 feet; thence N 56°53 ' 05" E 20. 77 feet; thence N 00°00 ' 00" E 6 . 65 feet; thence S 48°43 ' 40" E 18 . 65 feet; thence S 03043 '40" E 7 . 07 feet; thence S 48043 '40" E 18 . 02 feet; thence N 86° 16 ' 20" E 22 . 63 feet; thence N 41016120" E 5 . 83 feet; thence N 03043 ' 40" W 11 . 55 feet; thence N 48 °43 '40" W 6 . 50 feet; thence N 41 ° 16 ' 20" E 150.00 feet; thence S 48 °43 ' 30" E 99. 98 feet; thence S 41 °03 ' 06" W 78 . 57 feet; thence S 01 °07 ' 10" E 7. 72 feet; thence S 61008100" E 12 . 58 feet; thence S 28 °52 ' 00" W 10. 67 feet; thence S 12°07 ' 12" E 8 . 39 feet; thence S 61008 ' 00" E 26 . 25 feet; thence N 88 °56 ' 11 " E 12 .69 feet; thence N 28°52 ' 00" E 10. 67 feet; thence S 61 ° 08 ' 00" E 11 . 50 feet; thence N 41041106" E 32 .45 feet; thence S 48018 ' 54" E 14 .67 feet; thence N 65 °27 ' 17" E 5 . 52 feet; thence N 40°26 ' 27" E 32 . 55 feet; thence S 48 43 ' 30" E 48 . 71 feet; thence S 89038 ' 03 " W 45 .24 feet; thence S 67°24' 18" W 18 .40 feet; thence S 01006140" W 19. 80 feet; thence S 42044 ' 31 " W 15 . 67 feet; thence N 45002 ' 20" W 14. 15 feet; thence S 89°57 '40" W 41 . 16 feet; thence S 44°57 ' 40" W 14. 15 feet; thence S 00°02 '20" E 75 .28 feet; thence S 45002 ' 20" E 14. 15 feet; thence N 89057 ' 40" E 4. 00 feet; thence S 00°08 '47" W 14 .00 feet; thence S 89057 '40" W 49. 99 feet; thence N 00° 19 ' 47" W 14. 24 feet; thence N 89°40 ' 13 " E 4. 00 feet; thence N 44040 ' 13 " E 14. 15 feet; thence N 00° 19 '47" W 76 . 00 feet; thence W 45019 ' 47" W 14. 15 feet; thence S 89'40 ' 13 " W 4.00 feet; thence N 00019 ' 47" W 30. 04 feet; thence N 87°43 ' 49" W 8 . 09 feet; thence S 41033 ' 28" W 0.95 feet; thence N 48043 ' 40" W 3 . 54 feet; thence S 86° 16 ' 20" W 15 . 00 feet; thence S 41016 ' 20" W 20. 51 feet; thence S 03043 ' 40" E 7 . 50 feet; thence S 86016 ' 20" W 27. 53 feet; thence S 41016 ' 20" W 129 .29 feet; thence N 46°46 ' 00" W 71 . 57 feet to the True Point of Beginning. nY�•x.rw•wrww!lYY..w�.•Yw� Wr! YwY ll..r�•a�Yr. r.� YYaypY�.►�Yr-y►.WY RIGHT-OFWAY FOR ' •� •� NORTH COLLEGE AVENUE_ i a _ — RIGHT-OF-WAY FOR -�,_ ny • •7 • 20' PUBLIC ALLEY ,• rb AQP _ , I t �- C of O eo a ! •gin � � � �t y 0 SSSSSSiiiiiFSGiSii6iiiiGSiSSiSiSLLLSij � � $ ^� $ ��— ii : : : : ij : °a : iS ; e � jifiCiFi �liii = � ii ® � N O ditesco Exhibit B to Intergovernmental Agreement Regarding Maintenance of Old Town Plaza dated 2013 by EXHIBIT B +M+Im .,++. ..°.....�+ and among The Fort Collins Downtown Development kMSYE� •M orao�r +Yif Authority and the City of Fort Collins, Colorado. „•,T,w,,, , • ,,,,, , , ,,• •w.Y�,.Yl,.M EXHIBIT C To Intergovernmental Agreement Regarding Maintenance of Old Town Plaza between The Fort Collins, Colorado, Downtown Development Authority and the City of Fort Collins, Colorado 2015 Renovation Project New paver system Replacement and upgrade of electrical and lighting Stage relocation and enhancement Water feature upgrade New site furnishings New landscape features (trees, perennials, etc. , on north end of Old Town Plaza) EXHIBIT D To Intergovernmental Agreement Regarding Maintenance of Old Town Plaza between The Fort Collins, Colorado, Downtown Development Authority and the City of Fort Collins, Colorado Scope of Services 1 . City Responsibilities. The City shall be responsible for the following maintenance tasks in Old Town Plaza and the Rights-of--Way, as shown on Exhibit B to this IGA (collectively the "Service Area") : a. Routine Cleaning and Maintenance. The City will be responsible for cleaning of all surfaces within the Service Area, including but not limited to maintaining the cleanliness of flagstone and concrete surfaces, light standards, trash receptacles, cigarette receptacles, movable planters, flag poles and benches. The City will provide one power washing per week for surfaces in areas where food vendors are permitted to operate, and eight power washings per year for other paver surfaces . The City will repair movable fixtures, including but not limited to benches and trash receptacles. The City is not responsible under this IGA for repairing permanent fixtures, including but not limited to light standards and flag poles . The DDA agrees to be responsible for repair and replacement of such permanent fixtures, for replacement of all movable fixtures, and for repair or replacement of infrastructure if and as needed to maintain the safety and operational function of the Plaza as a public place. The DDA may arrange with the City to provide these additional services at the DDA' s expense. b. Routine Cleaning and Maintenance of the Fountain. The City will apply chemicals, change filters, and be responsible for turning on and shutting off the fountain in Old Town Plaza, The City will drain, clean and refill the fountain as needed. The DDA will be responsible for pump repairs, replacement of fountain components and infrastructure and annual underground pipe cleaning and/or replacement if and as needed to keep the fountain operational. The DDA may arrange with the City to provide these additional services at the DDA' s expense. c. Snow Removal . The City will provide snow removal services within the Service Area up to $ 12,000 per calendar year. The cost of snow removal services in excess of $ 12,000 per calendar year shall be paid for by the DDA. The City will provide notice to the DDA when snow removal costs have exceeded $9,600 per calendar year. d. Flower Beds, Movable Planters, Hanging Baskets . The City will design, purchase, install and provide routine maintenance of all plant materials, including seasonal plantings, water, fertilizer, and fall cleanup for beds, planters and hanging baskets located within the Service Area, based on the quantity of materials provided the previous year. Any significant increase or decrease in plantings from the previous year will only be by mutual agreement of the parties. The City will replace plant materials damaged or destroyed by vandalism. Should the DDA request that annual plants be installed prior to May 15 (average date of last frost), the DDA will bear the cost of replacing annual plants damaged by frost, snow, ice or freezing temperatures. The DDA or event sponsor will also reimburse the City for the cost of replacement required as a result of damage during special events, as described in Section 4, below, or extreme weather. e. Routine Litter Control . The City will be responsible for litter control and debris removal within the Service Area, except for special events where the event sponsor is contractually responsible for cleanup, and except as described in Section 4, below. While performing its obligations under this IGA, the City shall be entitled to use the POTS dumpsters located behind Building 11 , Old Town Square, at no charge. f. Statuary. The City will consult with POTS about any maintenance to be done by the City for statuary owned by POTS within the Service Area, and the costs of any such maintenance shall be the responsibility of POTS . The City will consult with the DDA about maintenance to be done by the City for statuary owned by the DDA within the Service Area, and the costs of any such maintenance shall be the responsibility of the DDA. g. Other. Any other maintenance requests beyond those listed in this Scope of Services can be arranged for by agreement between the City and DDA at an additional cost based on time and materials. 2 . Building 13 , Old Town Square. The DDA is responsible for routine maintenance of Building 13 , Old Town Square (the "Kiosk") under the DDA Lease Agreement with POTS . The DDA has arranged for the City to provide janitorial services for the Kiosk under a separate IGA dated January 1 , 2009. The City shall have no other responsibility for maintenance of the Kiosk. 3 . Flags and Holiday Decorations. The City will not be responsible for providing or maintaining holiday decorations, banners or flags, other than holiday lighting as stipulated in the separate Intergovernmental Agreement Regarding Holiday Lighting dated January 15 , 2013 , or as the parties may otherwise agree. The City will not be responsible for repairing any vandalism to decorations, banners or flags. The City will assist in set up and removal of holiday decorations, Santa' s House, banners or flags, if requested, at an additional cost for time and materials. 4. Special Events. If a special event scheduled and/or authorized by the DDA or DBA and held in the Service Area requires higher than normal levels of trash pickup, repair or replacement of damaged plantings and fixtures, the need for additional power washing, or other cleaning or maintenance services beyond regularly scheduled day-to-day levels in order to return the Service Area to the approximate condition it was in prior to the special event, the City shall notify and receive approval from the DDA in advance of such services being performed and may then bill the DDA for such additional services. The DDA or DBA must notify the City Parks Department in advance of all DDA- or DBA- scheduled special events occurring within the Service Area, including the expected size and length of the event. 5 . Level of Service. The City will provide the level of maintenance and repair, snow removal services, and quantity, quality and type of plant materials that it normally and customarily provides in its own programs, and the City, in consultation with the DDA, will make the determination of any needed repair or replacement or the type and manner of such repair or replacement. Repairs and replacements shall be generally consistent with the design of similar improvements in the Old Town Plaza. By August 31 , 2013 and by the same date in each succeeding year during the Term, the City will provide the DDA with a description of services being performed in Old Town Plaza and the Rights-of-Way by the City under this Scope of Services and a breakdown of the cost of each service, and shall further identify any modifications to the levels of service that have been affected by changes in the City' s customary service levels .