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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