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of-Way (the"1993 Agreement'), which superseded the Implementation Agreement in its entirety;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.
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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.
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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,,, , • ,,,,, , , ,,•
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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 .