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HomeMy WebLinkAbout2019-045-04/16/2019-APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE FORT COLLINS URBAN RENEWAL AUTHORITY FOR THE AUTHO RESOLUTION 2019-045 OF THE CITY COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN INTERGOVERNMENTAL.AGREEMENT WITH THE FORT COLLINS URBAN RENEWAL AUTHORITY FOR THE AUTHORITY'S CONTRIBUTION OF FUNDS TO THE CITY'S NORTH COLLEGE DRAINAGE IMPROVEMENT DISTRICT PROJECT WHEREAS, in 2004, the Fort Collins City Council adopted Resolution 2004-152 approving the North College Avenue Urban Renewal Plan,which it amended in 2015 in Resolution 2015-106 (the "North College Plan ); and WHEREAS, the North College Plan was adopted to facilitate the elimination and prevention of blighted areas within the plan area identified in the Plan (the "Plan Area") by promoting and assisting undertakings and activities within the Plan Area involving the development, redevelopment and rehabilitation of Plan Area properties as part of a single urban renewal project(the"North College Project'); and WHEREAS, the Fort Collins Urban Renewal Authority (the "Authority") implements and administers the North College Plan; and WHEREAS, a drainage analysis and report for the North College Drainage Improvement District ("NCDID") area was completed in 2006, and updated in June 2017, and includes conceptual stormwater improvements, cost estimates and a phased implementation approach;and WHEREAS, the City of Fort Collins ("City") is designing the NCDID improvements, including transportation designs for North Mason Street (Alpine Street to Hickory.Street), along with Alpine Street, Pinon Street and Hemlock Street(Mason Street to North College Avenue)(the "Project"); and WHEREAS, the Authority desires to contribute $300,000 to help fund the Project as it is in furtherance of the North College Plan's goal to eliminate blight and redevelop the Plan Area to meet the needs and expectations of the Authority, the surrounding neighborhood, and the City at large; and WHEREAS; to memorialize this contribution, City and Authority staff have presented to the City Council and Authority Board for their consideration the Intergovernmental Agreement attached as Exhibit "A" and incorporated herein (the "Agreement"), under which the Authority agrees to pay the City $300,000 to help fund the Project, Which is estimated to cost a total of approximately $767,800; and WHEREAS, the City and the Authority are authorized to enter into the Agreement to cooperate in the funding and construction of the Project pursuant to Section 29-1-203 of the Colorado Revised Statutes ("C.R.S.") and the Colorado Urban Renewal Law, including, without limitation,C.R.S.Section 31-25-112, and the City is further authorized to do so under City Charter Article II, Section 16; and -1- WHEREAS, on February 27, 2019, the Authority's Board of Commissioners adopted Resolution No. 094 approving the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF F FORT COLLINS as follows: Section 1. That'the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Agreement is hereby approved and the Mayor is authorized to enter into the Agreement on the City's behalf in substantially the form attached hereto as Exhibit -A," subject to such minor modifications as the City Manager, in consultation with the.City Attorney, may determine to be necessary and appropriate to protect the interests of the City or to effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of April, A.D. 2019. 1(::];Ylor ATTEST: ` A,401FO COcity c SEAL 77An ••COLORP�O r -2- EXHIBIT A INTERGOVERNMENTAL.AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE FORT COLLINS URBAN RENEWAL AUTHORITY REGARDING THE AUTHORITY'S CONTRIBUTION OF FUNDS.FOR THE NORTH COLLEGE DRAINAGE IMPROVEMENT DISTRICT PROJECT THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this . day of , 2019, (this"Agreement")by and between the City of Fort Collins, a Colorado home rule municipality (the"City"), and the Fort Collins Urban Renewal Authority, a corporate body and political subdivision of the state (the "Authority"). The City and Authority shall also 1.hereafter be jointly referred to as"Parties"or individually as"Party." RECITALS WHEREAS, in 2004, the Fort Collins City Council adopted Resolution 2004-152 approving the North College Avenue Urban Renewal Plan,which it amended in 2015 in Resolution 2015-106 (the"North College Plan");and WHEREAS, the North College Plan was adopted to facilitate the elimination and prevention of blighted areas within the plan area identified in the Plan (the "Plan Area") by promoting and assisting undertakings and activities within the Plan Area involving the development, redevelopment and rehabilitation of Plan Area properties as part of a single urban renewal project(the"North College Project");and WHEREAS,the Fort Collins Urban Renewal Authority(the"Authority")implements and administers the North College Plan; and WHEREAS,a drainage analysis and report for the North College Drainage Improvement District ("NCDID") area was completed in 2006, and updated in June 2017, and includes conceptual stormwater improvements,cost estimates and a phased implementation approach;and WHEREAS, the City of Fort Collins ("City") is designing the NCDID improvements, including transportation designs for North Mason Street (Alpine Street to Hickory Street), along with Alpine Street,Pinon Street and Hemlock Street(Mason Street to North College Avenue)(the "Project");and WHEREAS, the Authority's Board of Commissioners (the "Board") has reviewed the Project and identified several benefits it will provide in furtherance of the North College Plan's goal to eliminate blight and redevelop the Plan Area to meet the needs and expectations of the Authority, the surrounding neighborhood, and the City at large, which benefits include, Without limitation: (i) improvements to portions of North Mason Street, Alpine Street, Pinon Street and Hemlock Street,(ii)stormwater improvements that will reduce the likelihood that College Avenue in the Plan Area will overtop during a flood,and(iii)improvements that will improve connectivity between the Plan Area and downtown Fort Collins(collectively, the"Project Benefits");and WHEREAS, therefore, the Authority desires to contribute $300,000 to help fund the Project;and WHEREAS, in consideration of the Project Benefits, the Board has adopted Authority Resolution No..2019-_approving this Agreement and appropriating$300,000 to be paid to the City to help fund the Project,which is estimated to cost a total of approximately$767,800;and WHEREAS, the City Council has also approved this Agreement in its Resolution 2019- _in order to accept the funds for the Project from the Authority;and WHEREAS, the City and the Authority are authorized to enter into this Agreement to cooperate in the funding and construction of the Project pursuant to C.R.S. § 29-1-203 and the Colorado Urban Renewal Law, including, without limitation, C.R.S. § 31-25-112,and the City is further authorized to do so under City Charter Article 1.1,Section 16. NOW,THEREFORE, in consideration of the promises contained herein and other good and valuable consideration, the receipt and adequacy of which the Parties hereby acknowledge, the Parties agree as follows: 1. The Authority's Obligation. The Authority agrees to pay the City three hundred thousand dollars($300,000) within sixty(60)days after the City enters into the contract with the party it retains for the Project,provided such contract includes the improvements that will provide the Project Benefits. 2. TABOR. The Parties understand and acknowledge that the Authority is not subject to the Taxpayer's Bill of Rights in Article X,Section 20 of the Colorado Constitution. The Parties therefore intend that the Authority's debt obligation in Section I above is a binding obligation enforceable by the City at law and in equity as provided in Section 3 below and such enforcement is not contingent upon the future appropriation of funds by the Board. 3. Remedies Upon Default. Upon the failure of either Parry to comply with any of its obligations contained herein(a"Default"),the non-defaulting Party shall provide written notice of the Default to the defaulting Party. Immediately upon receipt of such notice;the defaulting Party shall promptly cure such Default within thirty(30)days,or if not susceptible of cure within thirty(30)days,within such time as agreed upon by the non-defaulting Party for the cure of such Default. If the defaulting Party fails to cure or remedy the Default within the time period prescribed, the non-defaulting Party may protect and enforce any or all of its rights and the obligations of the defaulting Party under this Agreement by suit in equity or action at law, in Larimer County District Court, whether for the specific performance of any covenants or agreements in this Agreement or otherwise, or take any action authorized or permitted under applicable law;and may require and enforce the performance of all acts and things required to be performed hereunder by the other Party. Each and every remedy of either Party-shall,to the extent permitted by law, be cumulative and shall be in addition to any other remedy given hereunder or now or hereafter existing at law or in equity. 4. Amendments. This Agreement may only be amended, changed, modified or altered in a writing signed by both Parties. 5. Implementing Agreements and Further Assurances. The Parties agree to execute such other documents,and take such other actions,as will be reasonably requested by the other Party to confirm or clarify the intent of the provisions hereof and to effectuate the agreements herein contained. 6. Term:Termination. This Agreement shall remain in full force and effect until the Authority's debt obligation under this Agreement is paid in full to the City. However, in the event the City does not enter into a contract with the party it retains for the Project by December 31, 2019, this Agreement shall terminate and both Parties shall be released from all remaining obligations under this Agreement.. 7. No Third-Party Beneficiaries: No term or provision of this Agreement is intended to be for the benefit of any person,entity,association or organization not a party to this Agreement, and no such other person,entity,association or organization shall have any right or cause of action hereunder. 8. Aoulicable Law avid Venue. This Agreement shall be governed by and construed under the laws of the$fate of Colorado and the venue for any judicial proceedings related to this Agreement shall be in Larimer County District Court. 9. Section Headings. The captions or headings herein are for convenience or reference only and shall in noway define or limit the scope or intent of any provision or section of this Agreement. ' IN WITNESS WHEREOF,the Parties have executed this Agreement as the date and year first above written. THE FORT COLLINS URBAN RENEWAL AUTHORITY By:. Darin A>,Atteberry, Executive Director ATTESTED: APPROVED AS TO FORM: By: By: Authority Clerk Authority Legal Counsel Print Name: Print Name: THE CITY OF FORT COLLINS,COLORADO By: Wade Troxell, Mayor ATTESTED: APPROVED AS TO FORM: By: By: City Clerk Deputy City Attorney Print Name: Print Name: