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HomeMy WebLinkAboutCOMMUNITY OF CHRIST SEASONAL OVERFLOW SHELTER - BDR - BDR160020 - SUBMITTAL DOCUMENTS - ROUND 1 - PROJECT NARRATIVECITY: City of Fort Coll' Is, Colorado a municipal co ration By: Darin A. Att erry, City Manager Approv d as to Form: Assi4dnt City Attorney Date: lit/ , / , a0lk ATTEST: / Rad"/ ��City Clerk SEAL: reference and shall in no way define, limit, or prescribe the scope or intent of any provision under this Agreement. 11. Authority. Each person executing this Agreement represents that he or she is duly authorized to execute it in his or her representative capacity as indicated. 14. Counterpart and Facsimile Signatures. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together sball constitute one and the same agreement. Signatures may be delivered by facsimile copy. Facsimile signatures are binding on the parties as if they were originals. In witness thereof, the parties hereto have caused this Agreement to be executed as of the day .and year listed at the beginning of this document. OWNER: Reorganized Church of Jesus Christ of Latter Day Saints an Iowa nonprofit corporation d/b/a Community of Christ Church Signature Printed name Title Date OPERATOR: Catholic Charities and Community Services of the Arorachdi cese of Denver, Inc. a Coldo on 'r corporation By: Signature Printed Name (Title bate ATTEST: Corporate Secretary ATTEST: Corporate Secretary 40 40 reference and shall in no way define, limit, or prescribe the scope or intent of any provision under this Agreement. 13. Authority. Each person executing this Agreement represents that he or she is duly authorized to execute it in his or her representative capacity as indicated. 14. Counterpart and Facsimile Signatures. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. Signatures may be delivered by facsimile copy. Facsimile signatures are binding on the parties as if they were originals. In witness thereof, the parties hereto have caused this Agreement to be executed as of the day and year listed at the beginning of this document. OWNER: Reorganized Church of Jesus Christ of Latter Day Saints an Iowa nonprofit corporation d/b/a Community of Christ Church B: Signature Printed name �Asre,z r7 iq zait- Title Date OPERATOR: Catholic Charities and Community Services of the Archdiocese of Denver, Inc. a Colorado nonprofit corporation Signature Printed Name Title Date ATTEST: f4��O�,�p ate Secretary ATTEST: Corporate Secretary 40 40 performance or; (c) avail itself of any other remedy at law or equity. In the event the City waives any default of this Agreement, such waiver shall not be held or construed to be a waiver of any subsequent default. 7. Attorney Fees and Costs. In the event of the default of any of the provisions hereof by either party which shall require the party not in default to commence legal or equitable action against said defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney's fees and costs incurred by reason of the default. 8. Liability. Each party is responsible for its own negligence and that of its officers, employees and volunteers. Nothing herein shall imply any partnership, joint venture, or other association between the parties, and the City expressly disclaims any responsibility or liability for the operation of the Overflow Shelter or the acts or omissions of the Owner or Operator in their performance under this. Agreement. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or under any other law. 9. No Third -Party Beneficiaries. Except as may be otherwise expressly provided herein, this Agreement shall not be construed as or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever. 10. Choice of Law; Venue. It is expressly understood and agreed by and between the parties hereto that this Agreement shall be governed by and its terms construed under the laws of the State of Colorado and the City of Fort Collins, Colorado. Venue for any dispute arising under this Agreement shall be Fort Collins, Colorado. 11. Compliance with Laws. The parties, in performance of this Agreement, agree to comply with all applicable federal, state and local laws, regulations and ordinances, and other policies and guidelines established for the City of Fort Collins. Nothing herein shall be construed as a waiver of any requirements of the City Code or the Land Use Code, and the Owner and Operator agree to comply with all requirements of such Codes. Owner acknowledges that the Property must continue to comply with the standards of the Land Use Code, at least to the extent of its original compliance prior to the Overflow Shelter being operated on the Property. 12. Other Agreements. This Agreement shall govern the use of the Property for the Overflow Shelter, but is not intended to prevent the Owner and/or the Operator from entering into other agreements related to operation of the Overflow Shelter such as funding agreements, volunteer agreements, or agreements regarding use of and responsibility for the Property, so long as such agreements are consistent with the terms and conditions of this Agreement. This Agreement shall be construed according to its fair meaning, and as if prepared by all parties hereto. There shall be deemed to be no other terms, conditions, promises, understandings, statements, representations, expressed or implied, concerning this Agreement, unless set forth in writing signed by all of the parties hereto. Paragraph headings used herein are for convenience of 40 If to the City: 'City of Fort Collins Social Sustainability Department 321 W. Maple St. P.O. Box 580 Fort Collins, CO 80522 Attention: Sue Beck-Ferkiss City's designated contact person for issues related to management of the Overflow Shelter is: Sue Beck-Ferkiss Telephone: 970-221-6753 If to the Owner: Community of Christ Church 220 E. Oak St. Fort Collins, CO 80524 Attention :Rick Bunch Owner's designated contact person for issues related to management of the Overflow Shelter is: Rick Bunch Telephone: (970) 493-3336 If to the Operator: Catholic Charities Archdiocese of Denver 460 Linden Center Drive Fort Collins, CO 80524 Attention: Guy Mendt Operator's designated contact person for issues related to management of the Overflow Shelter is: Guy Mendt, Telephone: 970-616-8629 Notwithstanding the foregoing, if any party to this Agreement, or its successors, grantees or assigns, wishes to change the person, entity or address to which notices under this Agreement are to be sent as provided above, such party shall do so by giving the other parties to this Agreement written notice of such change. 6. Default, Remedies. Each and every term of this Agreement shall be deemed to be a material element hereof. In the event that any party shall fail to perform according to the terms of this Agreement, such party may be declared in default. In the event that a party has been declared in default hereof, such defaulting party shall be given written notice specifying such default and shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to: (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific B 4 40 • Manage and operate the Overflow Shelter between the hours of 10:00 PM and 6:30 AM, seven days per week from November 1 through April 30 unless the Overflow Shelter closes as part of coordinating operations with other seasonal overflow shelters, as required by paragraph 3 below. • Provide two staff on site during the hours of operation of the Overflow Shelter. • Administer breathalyzer tests and admit only individuals testing 0.00 to the Overflow Shelter. • Ensure that clients are properly supervised throughout the hours of operation and actively discourage clients from loitering outside the Overflow Shelter or in the immediate vicinity. • Clean and organize the Overflow Shelter daily, including pickup of any trash on the grounds. • Utilize volunteers to assist as needed. • Provide evidence of general and auto liability and workers compensation insurance as may be required by Owner. • Direct qualifying clients to the Overflow Shelter. • Assure that no client parking will be permitted at this location. [Operator is not required to provide transportation to and from the Overflow Shelter because the Overflow Shelter is located within two miles of a homeless shelter.] 3. Limits on Occupancy and Number of Shelters. No more than fifty (50) persons may be housed in the Overflow Shelter at any one time. No more than three (3) seasonal overflow shelters may be operated in Fort Collins at any given time. If more than three (3) seasonal overflow shelter locations are approved by the City, Operator is responsible for coordinating with the operators of the other shelters to ensure that no more than three (3) seasonal overflow shelters are operating at one time. 4. Term. The Land Use Code requires that an agreement be executed prior to the approval of a seasonal overflow shelter and before each operating season of a shelter. In addition to setting forth the roles and responsibilities of the parties for siting and approval of a Seasonal Overflow Shelter at Community of Christ Church's facility, this agreement will guide seasonal overflow shelter activities, if any, at Community of Christ Church for the winter of 2016-2017. The term of this Agreement shall be from September 1, 2016 to August 31, 2017. Commercial terms regarding rent, labor costs and direct expenses will be covered in a separate agreement prior to Operator operating the seasonal overflow shelter in any year. Nothing herein is intended to obligate the Operator to operate the Overflow Shelter in any year.Owner or Operator may terminate this Agreement at any time upon thirty (30) days written notice to the other parties. Upon any such termination, the Overflow Shelter must cease operating. 5. Notices. Any notice or other communication given by any party hereto to any other party relating to this Agreement shall be hand -delivered or sent by certified mail, return receipt requested, or by overnight commercial courier, addressed to such other party at their respective addresses as set forth below; and such notice or other communication shall be deemed given when so hand -delivered, or three (3) days after so mailed, or the next business day when sent by overnight commercial courier: SEASONAL OVERFLOW SHELTER OPERATING AGREEMENT THIS SEASONAL OVERFLOW SHELTER OPERATING AGREEMENT ("Agreement") is entered into this ffA day of gib /, 2016, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation ("City"), REORGANIZED CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, an Iowa nonprofit corporation d/b/a Community of Christ Church ("Owner"), and CATHOLIC CHARITIES AND COMMUNITY SERVICES OF THE ARCHDIOCESE OF DENVER, INC., a Colorado nonprofit corporation ("Operator"). RECITALS: A. Owner is the owner of certain real property situated in the County of Larimer, State of Colorado, legally described as follows: Lots 23-25, Block 131, City of Fort Collins with a street address of 220 E.'Oak Street, Fort Collins, CO 80524 (the "Property"). B. Owner wishes to permit operation on the Property of a seasonal overflow shelter, as defined in Section 5.1.2 of the City's Land Use Code (the "Overflow Shelter"). C. Operator has prior experience managing a homeless shelter and wishes to operate the Overflow Shelter on the Property. D. The parties are entering into this Agreement to allow for the siting and approval of the Overflow Shelter in accordance with the requirements of Section 3.8.33 of the Land Use Code. E. The parties have held a neighborhood meeting as required by Section 3.8.33(C)(1)(e) of the Land Use Code, and Owner and Operator have received comments from the neighborhood meeting and taken such comments into consideration in drafting their operational plan for the Overflow Shelter. Owner and Operator acknowledge that a neighborhood meeting is required before each season that the Overflow Shelter is functioning. NOW, THEREFORE, in consideration of the promises of the parties hereto and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, it is agreed as follows: 1. The Recitals set forth above are hereby incorporated into and made a part of this Agreement by reference. r 2. Location and Management of the Overflow Shelter. (a) Owner shall provide space for the Overflow Shelter in Owner's facility on the. Property during the days and hours of operation listed below. (b) Operator shall: M M Community of Christ, Seasonal Overflow Shelter Bottom line: Community of Christ Church located at 216 E. Oak Street, having the legal address of: Lots 23-25, Block 131, City of Fort Collins wishes to add the use of Seasonal Overflow Shelter to the permitted uses of their facility. Background: While the City of Fort Collins has two year round homeless shelters, the need for shelter out paces available shelter beds. In the winter, exposure to extreme weather can be life threatening. Because of that, a community collective involving the City, the shelters and the philanthropic community has come up with various remote hospitality models to add capacity for winter shelter. These have included: using motel vouchers - especially for families; increasing on -site capacity for certain months; increasing capacity by using a remote location and other community based services to help ease this danger. Some years, facilities have volunteered that were in City zones that allowed this use. Other years, City Council acted to remove the application of the Land Use Code and the zoning map to allow the needed service. The last time this was done, it required an emergency ordinance. City Council asked staff to come up with a better way to allow this use in our community. (Additionally, another model of service is being reviewed by the City that would be offered entirely by community organizations). In September of 2015, City Council passed Ordinance NO. 110, 2015 that created the use of Seasonal Overflow Shelter. See 3.8.33 of the Land Use Code. The Operator Agreement required by the LUC is attached hereto. This use would be permitted for up to 5 years whether or not it was activated in any given year. This facility is the first application for the permitted use as a seasonal overflow shelter. The Community of Christ building has been used as a remote sheltering location several times over the past decade. They have always used an operator to run the remote location as an extension of the year round shelters. They have not had unresolved complaints about any of the programs or activities the congregation offers out of the church building. The number of people sheltering at this location has historically been in the 4-32 range. The seasonal overflow shelter use is similar to how church buildings are used to host youth groups and visiting mission groups. It will not require any changes in the church building. This permits the use that has been occurring off and on for several years. Discussion: While it is unclear whether the community collective will chose to activate a remote seasonal overflow shelter for the winter of 2016-2017, Community of Christ would like to add the use and be ready to offer the service if called upon. Furthermore, a neighborhood meeting is required to add the Seasonal Overflow Shelter use to a facility. There was a neighborhood meeting on June 13, 2016. The invitation to, handout from and notes scribed from that meeting are attached. No issues or concerns were brought up that change staffs recommendation to approve this secondary use for this building. Action requested: Approve new use.