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HomeMy WebLinkAbout2000-025-02/01/2000-AUTHORIZING IGA WITH CSURF REGARDING THE COMMUNITY HORTICULTURE CENTER, PLANT ENVIRONMENTAL RESEARCH RESOLUTION 2000-25 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH COLORADO STATE UNIVERSITY AND COLORADO STATE UNIVERSITY RESEARCH FOUNDATION REGARDING THE COMMUNITY HORTICULTURE CENTER, PLANT ENVIRONMENTAL RESEARCH CENTER AND ANNUAL FLOWER TRIAL GARDENS WHEREAS,in April 1997,the voters of the City of Fort Collins approved a one-quarter cent sales and use tax (the "Building Community Choices Capital Improvements Tax") to fund the construction of certain capital improvement projects identified in Ordinance No. 29, 1997; and WHEREAS, included among the projects funded in Ordinance No. 29, 1997, is the development of a Community Horticulture Center at an estimated cost of$2,000,000(1996 dollars); and WHEREAS, City staff conducted an extensive search for a site upon which to locate the Community Horticulture Center; and WHEREAS, significant public input was gathered from the community at large as well as from potentially affected neighborhoods; and WHEREAS, the Parks and Recreation Advisory Board recommended to Council the acquisition of a site owned by Colorado State University Research Foundation ("CSURF") and located along Spring Creek and Centre Avenue; and WHEREAS, in March 1999, the City Council adopted Resolution 99-28 approving in principle the exchange of High School Park for a CSURF property to be used for the Community Horticulture Center, and directed staff to complete negotiations with CSURF and Colorado State University ("CSU") to identify and secure a suitable site; and WHEREAS,staff has negotiated with CSURF and CSU an exchange through which the City would convey to CSURF the High School Park and would pay CSURF the amount of$50,200, in exchange for which CSURF will convey to the City a parcel approximately18 acres in size for use by the City as the location of the Community Horticulture Center,which exchange is being presented to the City Council for approval in Ordinance No. 14, 2000, together with this Resolution; and WHEREAS, the acquisition of the CSURF site also provides the City with significant opportunities to accomplish several of its goals through the same acquisition, including a site for a neighborhood park,a location for the re-aligned Spring Creek trail and a restoration buffer along the Spring Creek riparian corridor; and WHEREAS, funds for the acquisition and development of the Community Horticulture Center site have been appropriated in the City's 2000 Annual Budget; and WHEREAS, City staff has worked with CSURF and CSU to negotiate a Memorandum of Understanding that outlines agreements for cooperative planning and use of the City's Community Horticulture Center,CSU's Plant Environmental Research Center and High School Park for CSU's Annual Flower Trial Gardens, a copy of which is attached hereto as Exhibit"A" and incorporated herein by this reference (the "Community Horticulture Center MOU"); and WHEREAS,the completion of the exchange and the Community Horticulture Center MOU will result in mutual benefits to the City, CSURF and CSU, as well as benefits to the community as a whole; and WHEREAS,the City is authorized to enter into intergovernmental agreements to provide any function, service or facility, such as the Community Horticulture Center MOU, as provided in 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, contingent upon final approval of Ordinance No. 14, 2000, the Mayor is hereby authorized to execute the Community Horticulture Center MOU,dated January 26,2000,subject to such modifications in form or substance as the City Manager,in consultation with the City Attorney, may deem necessary to effectuate the purposes of said agreement as described herein. Passed and adopted at regular meeting of the Council of the City of Fort Collins this 1 st day of February, A.D. 2000. Mayor Pro Tern ATTEST: -VtOAN na City Clerk RE: ITEM#13A EXHIBIT "A" Memorandum of Understanding between the City of Fort Collins, Colorado, Colorado State University Research Foundation, and The Colorado State Board of Agriculture acting by and through Colorado State University pertaining to the Community Horticulture Center, Plant Environmental Research Center and, University Annual Trial Garden This Memorandum of Understanding for the City's Community Horticulture Center (CHC) and the University's Plant Environmental Research Center (PERC) and University Annual Trial Garden(ATG)at the High School Park(HSP)is entered into on this day,of 2000,by and between the Colorado State Board of Agriculture acting by and through Colorado State University, a State of Colorado institution of higher education(University),the Colorado State University Research Foundation(CSURF), a private, not for profit Colorado Corporation and the City of Fort Collins (City), a Colorado municipal corporation. Recitals 1. The University is a comprehensive research university with a tripartite land-grant mission of teaching, research, and service. This mission includes the promotion and development of linkages with other agencies, organizations, and institutions to promote and enhance undergraduate and graduate educational and research experiences and the development, adoption, and transfer of knowledge. 2. The City is a Colorado municipal corporation with a purpose to provide municipal services to its citizens and to enhance the provisions of those municipal services through partnerships with other public and private entities. 3. The CSURF has accepted$50,200 and deed and title to 2.87 acres, more or less, of City property known as the High School Park(HSP) as shown in Attachment 1 and, in return,has conveyed to the City property in the Bay-Hahn Farm comprising approximately 2.0 acres out of the floodplain/floodway and approximately 15.6 acres in the floodplain/floodway as shown on Attachment 2 (the CHC site). 1 4. HSP, by deed, contains a restriction that the property must be used as a public park, and will revert to the City if used in a manner inconsistent with this restriction. 5. CSURF, in its deed to the City of the CHC sites, has retained a first right of refusal to acquire the CHC site in the event the City decides to sell them. Now, therefore, in consideration of the above Recitals, the mutual promises contained herein, and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, the parties agree to a cooperative effort between the City, CSURF and the University for the expressed purpose of developing cooperative planning and use of all sites in providing maximum benefits to the City, University and the community at large. A. CSURF and the University agree that: 1. the HSP shall remain a public park in perpetuity, operated and maintained and open for use and enjoyment of the general public, in a manner consistent with the University's generally accepted standards for open space. CSURF shall not convey or transfer the HSP at any time, except to the University, or to some other governmental, charitable or educational organization that is in the business of and capable of operating public parks, as determined by the City in its reasonable discretion. Any such transfer would be contingent upon receiving the appropriate approvals from the City, CSURF, SBA and the Colorado Commission on Higher Education(CCHE), at time of transfer. 2. plantings of annual trial flowerbeds other than trees, shrubs and turf grasses at the HSP will be limited to a total of 25,000 gross square feet of bed space, unless otherwise agreed by the Horticulture Programs Steering Committee created pursuant to this Memorandum of Understanding. Also, the University will remove the annual trial flowerbeds and replace with turf if at some future date the ATG is no longer funded (or is decreased for any reason). 3. the gazebo structure located on the HSP at the time of the conveyance shall be maintained in good and usable condition for its natural life. In the event any or all of the HSP property is no longer planted or seeded with annual,perennial, herbaceous or ornamental grass plants, the land shall not remain fallow, but shall in lieu thereof be planted with turf grasses. The University will design the University Annual Trial Garden at the HSP in a manner that assures off-season attractiveness. Annually, after the 2 blooming season, old annual flower vegetation will be removed and beds will be cultivated and maintained in a neat manner until the next planting season. 4. arrangements with the federal government will be pursued for facilitating the use of the Natural Resources Research Center(NRRC)parking lot during non-working hours by the CHC. 5. use of the PERC for CHC receptions and other gatherings will be allowed on a space available basis as determined by the University in consultation with the Horticulture Programs Steering Committee. 6. use of the PERC and ATG at HSP for teaching and demonstration for CHC programs will be provided on a space available basis, as determined by the University in its discretion. B. The City agrees to: 1. maintain the CHC open to the public and offer free admission to CSU students and faculty affiliated with horticulture programs if there is an entry fee to the CHC. 2. pursue providing space at the CHC for the growing of sustainable agricultural products by CSU student organizations. 3. pursue a design for the CHC site that will accommodate facilities such as an amphitheater or other space appropriate for small concerts or performances and provide for CSU use of the facilities, as determined by the City in consultation with the Horticulture Programs Steering Committee. 4. develop a greenhouse/conservatory structure on the CHC site that will include a work station that could be used for such programs as Master Gardeners and offer CSU Horticulture faculty the opportunity and space for teaching an indoor plant materials course, as determined by the City in consultation with the Horticulture Programs Steering Committee. 5. provide for the use of the CHC for teaching and demonstration for CSU classes on a space available basis as determined by the City in its discretion. 3 C. The City and the University agree to: 1. develop a Horticulture Programs Steering Committee to encourage and coordinate their joint activities. The Steering Committee will facilitate communications between the two entities, look for opportunities to share resources and coordinate programs, and encourage networking between the entities. The structure and membership of the committee will be determined administratively and as mutually acceptable to both parties. The Steering Committee will work to coordinate programming and activities to avoid unnecessary duplication,to maximize opportunities to develop programs, and to encourage and coordinate the guest use of each other's facilities (for example: City use of the woody plant collection at the PERC for classes where site visits to the collection would be appropriate). Examples of possible program areas to be coordinated include activities such as Master Gardeners, information on plant and tree diseases, entomology, community gardening and other outreach efforts. 2. develop and use signs identifying PERC, the ATG at the HSP and the City Community Horticulture Center as part of a coordinated program. Such shared identification may also include shared promotion, directional signage, and names. Shared marketing opportunities will be used whenever practical. 3. provide the loaned use of equipment and services to the extent that such loans do not interfere with the primary purpose of the equipment. The Horticulture Programs Steering Committee will coordinate and help facilitate these loans. It will also look for opportunities for other cooperative use of equipment and materials. 4. encourage coordination of the development of"theme gardens" to maximize community benefits, increase opportunities for diversity and avoid inappropriate duplication. These gardens may include themes such as a children's garden, formal rose garden, annual and herbaceous perennial trial gardens and turf test plots, woody plants (arboretum), native plants, xeriscape garden, backyard wildlife habitats, wetland and water features, and kitchen garden. 5. work together on joint fund raising efforts where appropriate. 6. work together to maximize program impact by sharing facilities and personnel through such approaches as: 4 a. providing internships, service learning, and volunteerism opportunities for students and citizens, including experience in public horticulture, landscape architecture, sustainable horticulture and occupational therapy, b. providing instruction to Larimer County Master Gardeners on selected topics, and utilizing trained Master Gardeners as a resource to expand mutual programs, C. displaying plants, including those from the Plant Select Program that have been evaluated through research to assure that the gardening public receives full benefit of new information. 7. provide access to each other's facilities, as appropriate and available. Classroom and other space at each facility will be available for loan to both parties as coordinated by the directors. D. Term. The Term of this Agreement begins as of the date written above and ends 5 years thereafter. The term shall then be automatically extended for an additional 5-year period. Each party may terminate this agreement at any time for any reason, or for no reason, by giving the other party written notice no later then 3 months prior to the requested termination date. E. Waiver of Performance. The failure of either party to insist upon the strict performance of any agreement,term, covenant, or condition hereof or to exercise any right or remedy consequent upon a breach thereof will not constitute a waiver of any such breach of such agreement,term, covenant or condition hereof to be performed, and no breach hereof will be waived, altered, or modified, except by written instrument executed by the parties. F. Force Mja el ure. If a party's performance under this Agreement or any obligation hereunder, is interfered with by reason of any circumstance beyond that party's control, including without limitation, fire, explosion, power failure, acts of God, war,revolution, civil commotion, or acts of public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; labor unrest, including without limitation strikes, slowdowns,picketing or boycotts; then that party will be excused from its performance on a day-to-day basis to the extent of such interference. G. Applicable Law. The laws of the State of Colorado and rules and regulations issued pursuant thereto will be applied in the interpretation, execution and enforcement of this Agreement. Any provision of this 5 Agreement, whether or not incorporated herein by reference,which provides for arbitration by any extra judicial body or person or which is otherwise in conflict with said laws,rules and regulations will be considered null and void. I H. Consent. Unless otherwise specifically provided,whenever consent or approval of the University, CSURF or the City is required under the terms of this Agreement, such consent or approval will not be unreasonably withheld or delayed. If any party withholds any consent or approval, such party will on written request deliver to the other party a written statement giving the reasons therefore. I. Notice. Any notice,request, demand, consent or approval, or other communication required or permitted hereunder will be in writing and will be deemed to have been given when personally delivered or deposited in the United States mail with proper postage and address as follows: University: Vice President for Administrative Services 309 Administration Building Colorado State University Fort Collins, CO 80523 CSURF: President/CEO Colorado State University Research Foundation P. O. Box 483 Fort Collins, CO 80522 City: City of Fort Collins City Manager P. O. Box 580 Fort Collins, CO 80522-0580 J. Complete Aureement. This Agreement, including all exhibits, supersedes any and all prior written or oral agreements and there are no covenants, conditions, or agreements between the parties except as set forth herein. No prior or contemporaneous addition, deletion, or other amendment hereto will have any force or effect whatsoever unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto will have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. K. Captions Construction and Agreement Effect. The captions and headings used in the Agreement are for identification only, and will be disregarded 6 - in any construction of the lease provisions. All of the terms of this Agreement will inure to the benefit of and be binding upon the respective heirs, successors, and assigns of both the University and the City. If any portion, clause, paragraph, or section of this Agreement will be determined to be invalid, illegal, or without force by a court of law or rendered so by legislative act, then the remaining portions of this Agreement will remain in full force and effect. L. No Beneficial Interest. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein and that no Bribery and Corrupt Influences or Abuse of Public Office under the Colorado Criminal Code is present. M. Nonappronriation Clause. The respective obligations of the University and the City hereunder in each fiscal year subsequent to such party's respective current fiscal year are contingent upon the appropriation of funds sufficient and intended to carry out such obligations. In witness whereof, the parties hereto have executed this Agreement as of the date written above. City of Fort Collins By: John Fischbach City Manager ATTEST: By: Wanda Krajicek, City Clerk APPROVED AS TO FORM: By: Carrie M. Daggett Assistant City Attorney Colorado State University Research Foundation By: Kathleen Byington 7 President/CEO ATTEST: By: Name: Title: The State Board of Agriculture-For the use and benefit of Colorado State University By: Gerry Bomotti Vice President for Administrative Services, Colorado State University APPROVED: By: Donna W. Aurand Associate Legal Counsel 8