HomeMy WebLinkAbout2009-035-04/21/2009-AUTHORIZING THE CITY MANAGER TO ENTER INTO A LICENSE TO ENTER AND FEE SHARING AGREEMENT WITH THE DIS RESOLUTION 2009-035
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO ENTER INTO A LICENSE TO ENTER
AND FEE SHARING AGREEMENT WITH THE DISCOVERY SCIENCE CENTER
WHEREAS,the City is the owner of the Fort Collins Museum("Museum")property located
at 200 Mathews Street, Fort Collins, Larimer County, Colorado (the "Property"); and
WHEREAS,on March 6,2008,pursuant to Resolution 2008-008,the City and the Discovery
Science Center("DSC")entered into an agreement(the"Operating Agreement") in which the City
and DSC agreed to combine the missions of the Museum and the DSC into a new institution (the
"Institution"), and to collaborate on the construction of a new facility for the Institution (the
"Facility"),with the City and DSC sharing major decisions regarding the Facility and Institution;and
WHEREAS,the DSC currently leases space from Poudre School District, which lease will
end in May, 2009; and
WHEREAS, in order to remain operational, the DSC must move to another location; and
WHEREAS, rather than wait until the Facility is completed, as was contemplated by the
Operating Agreement, City and DSC staff are proposing that the Museum and DSC merge their
operations now by relocating key DSC staff and exhibits to the Museum; and
WHEREAS, a draft of a proposed License to Enter and Fee Sharing Agreement ("License
Agreement")that would allow DSC staff to share use of the Property with the Museum is on file in
the office of the City Clerk; and
WHEREAS,the License Agreement would permit the DSC to use the Property for up to four
years for shared office space, including use of the City's computer network and telephone lines, for
storage and display to the public of DSC exhibits, and for other related and appropriate DSC uses;
and
WHEREAS, under the terms of the License Agreement, and subject to the approval of the
City Manager, the City would also charge a fee for entry to the Museum, with the proceeds of the
fee, along with the proceeds of store sales and other program fees, going to the DSC to be spent on
DSC staff salaries and benefits and program costs; and
WHEREAS, in consideration of the public benefit to be gained through the shared mission
outlined in the Operating Agreement,the City would not charge the DSC for use of the Property;and
WHEREAS,Article XI,Section 10,of the City Charter authorizes the City Council to permit
the use or occupation of any street, alley, or public place, provided that such permit shall be
revocable by the City Council at its pleasure, whether or not such right to revoke is expressly
reserved in such permit.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the City Manager is hereby authorized to execute the License to Enter and Fee
Sharing Agreement in substantially the form on file in the office of the City Clerk,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, including any necessary changes to the description of the license area, as long as such
changes do not materially increase the size or change the character of the license area.
Passed and adopted at a regular meeting of the Co cil f the City of Fort Colli this 21 st
day of April A.D. 2009.
Mayor
ATTEST:
t4 k
City Clerk