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Home My WebLink AboutFOSSIL CREEK RESERVOIR OPEN SPACE - ANNEXATION & ZONING - 4-08 - SUBMITTAL DOCUMENTS - ROUND 1 - LEGAL DOCUMENTSCITY OF FORT COLLINS, COLORADO i Dated: By: Mayor ATTEST: kLV3 City Clerk y APPROVED AS TO FORM: Sr. Assistant City Attorney LARIMER COUNTY, COLORADO Chair, Board of County Commissioners APPROVED AS TO FORM: Co n�ttorney 4 associated with the design, construction and maintenance of the Regional Trail. The Managing Entity shall be responsible for the costs of patrol and enforcement of the Regional Trail and the use by that Trail of the general public, consistent with regulations applicable generally to trails managed by the Managing Entity and subject to annual appropriation by the City Council of the City in its sole discretion of revenues sufficient and intended for such purposes. 5. Section C.9 of the Agreement shall be renumbered to Section C.6, and shall be amended to read as follows: 6. The Managing Entity shall be financially responsible for the management costs associated with the Properties subject to annual appropriation by the City Council of the City in its sole discretion of revenues sufficient and intended for such purposes. "Management costs" shall be defined to include normal and customary expenses associated with day-to-day use and operation of the Properties. 6. Section C.10 of the Agreement shall be renumbered to Section C.7. 7. Section C.11 of the Agreement shall be renumbered to Section C.8, and shall be amended to read as follows: 8. Any revenues generated by use or operation of the Properties, including but not limited to revenues from leases, licenses, profits or other agreements for said use, shall be retained by the Managing Entity for use only for the cost of management of the Properties for the current or future years; provided, however, that the Management Plan may provide that any accumulated revenues not needed for current or reasonably anticipated future management costs may be used for improving the Properties. Revenues generated by the sale of easements, rights -of -way or title interest in the Properties shall be shared by the parties in accordance with their ownership interest in the Properties. 8. Section C.12 of the Agreement is hereby deleted. 9. Section C.13 of the Agreement is hereby deleted. 10. The Agreement shall remain in full effect and unmodified, except as expressly set forth in this Second Amendment. 11. This Amendment shall be effective upon the date of the last party to sign. IN WITNESS WHEREOF, the parties have executed this Second Amendment to the Agreement as set forth below. 3 I . Through the end of calendar year 2009, Larimer County shall be the Managing Entity and shall be responsible for the management of the Properties in accordance with the Management Plan described herein below. In the event all of the Properties are annexed into the City of Fort Collins on or before January 1, 2010, the City shall on January 1, 2010 become the Managing Entity, and the City shall thereafter be responsible for all financial obligations of the Managing Entity herein described or described in the original IGA for the property. As of January 1, 2010, Larimer County's financial responsibility for costs or improvements as Managing Entity shall cease. Notwithstanding the foregoing, Larimer County will retain its ownership interest in the Fossil Creek Regional Open Space and shall have the authority presently stated in the Management Plan and original IGA to approve any changes to the Management Plan and to approve any construction of additional improvements on the property. In addition, the City specifically agrees to undertake, at its expense subject to annual appropriation by the City Council of the City in its sole discretion of revenues sufficient and intended for such purposes, all the management obligations required by GOCO in the original grant agreement at City expense. 2. Section C.6 of the Agreement shall be renumbered to Section C.3, and shall be amended to read as follows: 3. In the event of emergency or unusual circumstances requiring immediate response, the Managing Entity shall be entitled to use reasonable discretion in responding to such circumstances, regardless of the expressed terms of the Management Plan, provided that reasonable efforts are made to consult with the non -managing party regarding the proper course of action. 3. Section C.7 of the Agreement (as amended by the First Amendment) shall be renumbered to Section CA, and shall be amended to read as follows: 4. The Management Plan identifies various improvements to be made to the Properties, including, without limitation, such items as Recreational Improvements, Landscape Improvements, and Habitat Improvements. Until such time as the City becomes the Managing Entity, the parties shall share equally the costs associated with implementing the various improvements to the Properties, provided that any such improvements shall be mutually planned, scheduled, designed and agreed to in advance by the parties. After the City becomes the Managing Entity, the Managing Entity shall be responsible for implementing any additional improvements to the Properties, except as otherwise expressly agreed by the parties. 4. Section C.8 of the Agreement shall be renumbered to Section C.S, and shall be amended to read as follows: 5. The Management Plan identifies the location of a Regional Trail to be constructed on the Properties at a future date. The City shall be responsible for the costs 2 SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT CONCERNING THE FOSSIL CREEK RESERVOIR AREA PROPERTIES This SECOND AMENDMENT to Intergovernmental Agreement Concerning the Fossil Creek Reservoir Area Properties ("Second Amendment") is made this l7' day ofZ11&,,& 2006, by and between the CITY OF FORT COLLINS, COLORADO and LARIMER COUNTY, COLORADO as follows. WHEREAS, part of 2 of Article 1 of Title 29, C.R.S. authorizes governments to cooperate and contract with one another to provide any function, service or facility lawfully authorized to each, including the sharing of costs; and WHEREAS, in January 2001, the parties hereto entered into that certain Intergovernmental Agreement Concerning the Fossil Creek Reservoir Area Properties by and between them, which set forth the agreement between them concerning the sharing of costs and responsibilities for the acquisition, ownership, improvement, and management of the Properties as described therein; and WHEREAS, on April 15, 2003, the parties entered into a Amendment to Intergovernmental Agreement Concerning the Fossil Creek Reservoir Area Properties (the "First Amendment"), by which the parties updated certain terms of acquisition and improvement of the Properties; and WHEREAS, the Intergovernmental Agreement Concerning the Fossil Creek Reservoir Area Properties as amended by the First Amendment remains in full force and effect as of the date of this Second Amendment and is referred to herein as the "Agreement"; and WHEREAS, the parties have as of the date of this Second Amendment acquired the property interests as planned in the Agreement, and have constructed improvements upon and made available for public use the Fossil Creek Reservoir Regional Open Space, as a County Open Space facility; and WHEREAS, the parties have recently determined that a modification to the designation of the Managing Entity for the Properties would be mutually beneficial and would allow for a reasonable gradual transition of responsibilities for the Properties; and WHEREAS, accordingly, the parties have agreed to this Second Amendment to document and describe modifications related to the agreed upon change to the Managing Entity provisions. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: Section C.1 of the Agreement is hereby amended to read as follows: