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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