HomeMy WebLinkAbout2012-098-10/23/2012-AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND THE POUDRE RIVER PU RESOLUTION 2012-098
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY AND THE POUDRE RIVER PUBLIC LIBRARY DISTRICT
REGARDING THE DONATION TO THE DISTRICT OF LIBRARY PROJECT FUNDS
WHEREAS, The City, Latimer County, and the Poudre River Public Library District,
formerly known as the Fort Collins Regional Library District ("District") are parties to an
Intergovernmental Agreement dated December 18, 2007 (the "Library Agreement"); and
WHEREAS, under the Library Agreement, the City agreed to use City Library Impact Fee
revenue to complete construction,tenant finish,furnishing and purchase of materials for a Southeast
Branch Library (the "Facility"); and
WHEREAS,the Facility project budget included$339,304 in City General Fund money that,
was appropriated to the Facility project but was not spent on the Facility project (the "Project
Funds"); and
WHEREAS,a balance of$329,839 of the Project Funds remains, and the District has asked
the City to give the remaining Project Funds to the District to spend on specific improvement
projects in Library Park (the "Projects"); and
WHEREAS, the proposed Projects are:
• improvements to Peterson Street accessibility and the Library entrance plaza;
• improvements to the walkway that runs diagonally through Library Park; and
• construction of an amphitheater on the northwest side of Library Park;
and
WHEREAS, Library Park, which is adjacent to the Main Library, is owned by the District
and is managed by the City as a public park under a lease agreement between the City and the,
District; and
WHEREAS, the Council Finance Committee discussed the District's request at its regular
meeting on July 16, 2012; and
WHEREAS,the Council Finance Committee agreed that the Projects would provide a public
benefit by creating additional public amenities in Library Park and improving access to the Park and
the Main Library, and expressed its support for the proposed donation; and
WHEREAS, a copy of a proposed Intergovernmental Agreement between the City and the
District governing the use of the Project Funds is attached hereto as Exhibit "A" and incorporated
herein by reference; and
WHEREAS,the City is authorized to enter into intergovernmental agreements 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.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is hereby authorized to enter into an Intergovernmental Agreement with
the Library District regarding the use of the Project Funds for the Projects proposed by the Library
District, in substantially the form attached as Exhibit "A", along with such other terms and
conditions as the City Manager, in consultation with the City Attorney, determines to be necessary
and appropriate to protect the best interests of the City.
Passed and adopted at an adjourned meeting of the Council of the City of Fort Collins this
23rd day of October A.D. 2012.
5 Of FORT- May r
ATTEST:
EA
City Clerk GRADO
EXHIBIT A
INTERGOVERNMENTAL AGREEMENT
REGARDING DONATION OF LIBRARY PROJECT FUNDS
This Intergovernmental Agreement ("Agreement') between the City of Fort Collins,
Colorado and the Poudre River Public Library District is entered into this_day of
2012.
RECITALS
A. The City of Fort Collins, Colorado ("City"), Latimer County, Colorado, and the Poudre
River Public Library District, formerly known as the Fort Collins Regional Library District
("District') are parties to an Intergovernmental Agreement dated December 18, 2007 (the
"Library Agreement")-
B. Under the Library Agreement, the City agreed to use City Library Impact Fee revenue to
complete construction, tenant finish, furnishing and purchase of materials for a Southeast Branch
Library (the"Facility"), and to convey the Facility to the District to operate as a public library.
C. The Facility project budget included $339,304 in "General Fund Productivity Savings"
funds. This money was appropriated to the Facility project but was not spent on the Facility
project. A balance of$329,839 remains.
D. The District has asked the City to give the District the remaining funds, hereafter referred
to as the "Project Funds", to spend on specific improvement projects in Library Park.
E. The proposed improvements would provide a public benefit by creating additional public
amenities in Library Park and improving access to the Park and the Main Library.
F. The City has agreed to provide the requested funding, subject to the terms and conditions
of this Agreement.
THEREFORE, the parties agree as follows:
1. Approved Projects. The District may use up to the full amount of the Project Funds for
the following projects (the "Approved Projects"):
a) Improvements to Peterson Street accessibility and Library entry plaza. This
project includes redesign and repaving of the library entry plaza and the addition of
pavement adjacent to the curb, making access to the park and library more convenient for
the public. This project is estimated to cost $60,000.
b) Widen and upgrade the diagonal walkway (Bench Allee) that runs diagonally
from the northwest corner to the southeast corner of Library Park. This project would
also include the placement of benches and planters along the edge and stringing
decorative lights in the trees along the path. This project is estimated to cost $121,837.
100033812)
c) Construct of an amphitheater on the northwest side of Library Park for
community-scale activities. This project is estimated to cost$148,002.
2. Payment. The City will transfer to the District the amount of the Project Funds requested
for each Approved Project at the time the District awards a construction contract for such
Approved Project. The amount of Project Funds the District requests for each Approved Project
may be more or less than the estimated cost for such Project as described above; however, the
total funds provided for the three Approved Projects will not exceed $329,839.
3. Deadline for Completion. If the Project Funds have not been spent in accordance with
this Agreement by December 31, 2013, the Project Funds will revert to the City and the City will
have no further obligation to fund the Approved Projects.
4. Ownership. Upon completion of the Approved Projects, all improvements will be the
property of the Library District.
5. Maintenance. Pursuant to a Lease Agreement between the City and the District dated
February 2, 2009 (the "Park Lease"), the City currently leases Library Park from the District in
exchange for maintaining Library Park in substantially the condition it was in as of the date of
the Park Lease. Section 3.3 of the Park Lease requires the District to fund the increased costs of
maintenance for any upgrades, additions or improvements the District wishes to make to Library
Park. The parties agree that for so long as the Park Lease remains in effect, the City will, at the
end of each calendar year, invoice the District for the additional costs of maintenance required by
the Approved Projects, and the District will reimburse the City for such costs within sixty (60)
days of the date of such invoice.
6. Public Access. The District will grant to the City by separate deed(s) a pedestrian/public
access easement over any sidewalk areas, including sidewalks along Peterson Street and the
Bench All6e, that are improved using the Project Funds and that are not already within a
dedicated public right-of-way.
7. Existing Agreements. This Agreement is not intended to modify or replace the Library
Agreement or Park Lease, and those agreements remain in full force and effect.
POUDRE RIVER PUBLIC LIBRARY DISTRICT
BOARD OF TRUSTEES
President Date
ATTEST: Approved as to Form:
Secretary Seter& Vander Wall, P.C.
100033812)
CITY OF FORT COLLINS, COLORADO
Mayor Date
ATTEST: Approved as to Form:
City Clerk City Attorney
t000338121