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).
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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
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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.
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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:
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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
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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
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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
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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
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