HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/16/2010 - FIRST READING OF ORDINANCE NO. 033, 2010, AUTHORIZ DATE: March 16, 2010
STAFF: Helen Matson, Kayla Ballard _
Bill Whirty
First Reading of Ordinance No. 033, 2010, Authorizing an Option to Lease, and a subsequent lease of, City-Owned
Property at Fossil Creek Community Park to Clear Wireless, LLC for the Installation of a Wireless Service Tower and
Related Equipment, and the Grant of Associated Easements.
EXECUTIVE SUMMARY
Clear Wireless, LLC has requested to lease 625 square feet of City-owned property, in the southeast area of Fossil
Creek Community Park, near the maintenance buildings along South Lemay Avenue, to install a 50-foot tower and
related equipment to enhance wireless service in the area. Additionally,Clear Wireless is requesting utility and access
easements that are necessary for the operation and maintenance of its tower and equipment.
BACKGROUND / DISCUSSION
Clear Wireless approached the City regarding the possible lease of land for the installation of a 50-foot tower with
related equipment to enhance wireless service and necessary utility and access easements needed for tower
operation. The proposed lease area is located in the southeast area of Fossil Creek Community Park, near the
maintenance buildings along South Lemay Avenue. Through a series of negotiations, staff developed a Ground Site
Option and Lease Agreement with Clear Wireless that meets the needs of both parties. The Lease Agreement
contains the following:
(1) an option to lease for a six-month period for a payment of$2,500, with one 6-month renewal period for an
additional payment of$2,500. The option to lease allows Clear Wireless the opportunity to complete its due
diligence of the site, which includes going through the Community Development& Neighborhood Services'
regulatory requirements process, and, if they continue;
(2) a proposed lease term for an initial five (5) years.with automatic renewal of four (4) successive five-year
periods.
FINANCIAL IMPACT
Clear Wireless will be responsible for all costs to install and maintain their tower and fence. Clear Wireless will also
be responsible for all utility expenses for the tower and equipment. The lease will generate$16,800 annually over the
initial five-year term. The lease rate will increase 20% each additional five-year term. Parks Division will use the
revenue from this lease for minor capital improvements, known as the Life Cycle Funding Program, in the parks for
renovations and replacement of worn out infrastructures.
SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS
There is a rapidly growing need for wireless internet. The installation and operation of this tower will provide wireless
services to many businesses and residences that currently do not have access to this service
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
March 16, 2010 -2- ITEM 19
ATTACHMENTS
1. Photo Simulation
2. Location Map
0
- � a
, A _• , . -
0 4, r !yr
yi
it I
Vk
CO = DEN1027 FOSSIL CREEK PAR
EXISTING VIEW PROJECT NO. 80906
DRAM BY
• fir
0
ATTACHMENT I Page 2 of 3
looking from NE , viewing SW
y
;I
it
c _
CO = DEN1027 FOSSIL CREEK PARK A SHEET NUMBER
PROPOSED VIEW OF TOWER AND
EQUIPMENT COMPOUND ELEGANTE ISSUED FOR PROJECT NO 80933
uv our `xoz OILWA I.r610 2GNINGU"u i DRAWN BY
nuara17175. BwIdnSulrc 300Tulu,Ok 74118nlep roDATE DRAWN. TFK
(9181S87i630 Fax (918129S 0265 urrnr.
CHECKED eY SLIM
• `; + oYrR
• PROPOSED TOWER y
Ado Ado
}r
* A A A
-
Ad Ad
CAI Add A
AAd
. AAA
• • • . ' `r`
.AAA A Ad Ala
r dry R •
Ad
1 AP
frol
Ad do-dod
OL
do
Ad Ala a
Zr
Ad F - } '
.a d do Add Ada A A16
A Ad pa P Ad
a Add
do or A
A Ad re
Ad T/+✓
! dol d. • All k
Ad
Aad
r
. .� aAd 4 •
do
od ,�
:
Add A
Ad
Aid
g{� 1, . sI do
� . ' ICI.
A I
Pi
1 n
r ,
do ro-T
Ali TTTLE SHEET NUMBER
COmDEN1027 FOSSIL
DISTANT VIEW OF "PROPOSED TOWER
DRAWN BY
. .
16 4400 980M 1425) 216-7600 OFFICE lam- ;amAqs:Ajjlc;�oil
��
Attachment 2
Clear Wireless LLC Tower Lease
at Fossil Creek Community Park
Location Map
E GRE
IV
O O
cl
r`
Southridge
Golf Course
�^
I � Southridge
Golf Course a[
r
i
QO6P J l
N
*Location of Tower and Related Equipment p,
ORDINANCE NO. 033, 2010
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN OPTION TO LEASE, AND A SUBSEQUENT LEASE OF,
CITY-OWNED PROPERTY AT FOSSIL CREEK COMMUNITY PARK TO
CLEAR WIRELESS, LLC FOR THE INSTALLATION OF
A WIRELESS SERVICE TOWER AND RELATED EQUIPMENT,
AND THE GRANT OF ASSOCIATED EASEMENTS
WHEREAS,the City is the owner of that certain parcel of real property described on Exhibit
"A", attached and incorporated herein by reference (the "Property"); and
WHEREAS, the Property is part of Fossil Creek Community Park; and
WHEREAS,Clear Wireless,LLC("Clear Wireless")has asked the City to lease it 625 square
feet of space on the Property (the "Lease Parcel") for the installation of a 50-foot wireless service
tower and related equipment to enhance its wireless service, and grant it a utility easement and an
access easement to serve the tower (the "Easements"); and
WHEREAS, the proposed Lease Parcel and Easements are described on Exhibit "B",
attached and incorporated herein by reference; and
WHEREAS, staff has worked with Clear Wireless on negotiating and preparing an option,
lease and easement agreement(the"Agreement'),a copy of which is on file in the office of the City
Clerk; and
WHEREAS, under the terms of the Agreement, Clear Wireless would receive a six-month
option to lease the Lease Parcel and acquire the Easements for a payment of$2,500 with one six-
month renewal period for an additional $2,500; and
WHEREAS, if Clear Wireless exercises the option, the Agreement would remain in effect
for an initial lease term of five years,with four additional,successive five-year renewal periods;and
WHEREAS, use of the Easements would be governed by the terms of the Agreement, and
would terminate when the lease of the Lease Parcel terminates; and
WHEREAS, the Agreement further provides that Clear Wireless shall make annual lease
payments to the City at a rate of$16,800 per year for the initial lease term, said rate to be increased
each renewal term by twenty percent; and
WHEREAS,the Agreement would allow Clear Wireless to sublease space to up to two sub-
tenants,including the right to partially assign its use of the Easements,provided Clear Wireless pays
the City rent for each such sublease in the amount of$7,200 per year for the first five years of each
sublease, said rate to be increased by twenty percent for each additional five year period of a
sublease; and
WHEREAS, the Agreement requires Clear Wireless to proceed in accordance with any
applicable regulatory requirements or restrictions, including the City Land Use Code and building
permit requirements; and
WHEREAS, City staff has determined that the proposed installation and use by Clear
Wireless of its equipment on the Lease Parcel and use of the Easements on and under the Property
are consistent with and will not conflict or interfere with the City's and the public's use of the
Property; and
WHEREAS, City staff has further determined that the financial benefits to the City of
permitting the proposed use are substantial, and the impacts to the City are minimal; and
WHEREAS, Section 23-111(a)of the City Code authorizes the City Council to sell,convey
or otherwise dispose of any and all interests in real property owned by the City, provided that the
City Council first finds,by ordinance,that such sale or other disposition is in the best interests of the
City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby determines that the option to lease and the
subsequent lease of the Lease Parcel to Clear Wireless, LLC , and the associated grant of a utility
easement and an access easement on and across the Property, all as described on Exhibit `B", on
terms and conditions consistent with this Ordinance, are in the best interests of the City.
Section 2. That the Mayor is hereby authorized to enter into the Agreement with Clear
Wireless, LLC for the option to lease and lease of the Lease Parcel and grant of the Easements, in
substantially the form as is 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, determines to be
necessary or appropriate to protect the interests of the City or effectuate the purposes of this
'Ordinance, including but not limited to any necessary changes to the legal description of the Lease
Parcel or either of the Easements, as long as such changes do not materially increase the size or
change the character of the Lease Parcel or either Easement.
Introduced, considered favorably on first reading, and ordered published this 16th day of
March, A.D. 2010, and to be presented for final passage on the 6th day of April;A.D. 2010.
Mayor
ATTEST:
City Clerk
-2-
Passed and adopted on final reading on the 6th day of April, A.D. 2010.
Mayor
ATTEST:
City Clerk
-3-
i
Exhibit A
I
I
PARENT PARCEL DESCRIPTION:
Lot 3,Fossil!Creek Community Park,City of Fort CoMm Laft r County.Coldraft
Exhibit B
LEASE AREA DESCRIPTION:
That part of Lot 3,Fossii Creek Community Park,City of Fort Collins,LaranerCow*,Colorado,end being mote pardcularlydescribed as
follows:
Referring to the Southeast Comer of said Lot 3;thence northerly on the West Right of Way 9ne of S.Lemay Avenue,on a rive to the
left,with a radius of 1442M.a chord bearing of N 10'S7'46'E and a chord length of SZ57 feet:thence westerly N 80004'SC W,115.29
feet to the Point of Beginning for the described Lease Area:thence southwesterly S 70-23W W,25.W fees:thence northwesterly N
19036'24'W,25.00 feet:thence northeasterly N 70023'3W E,25.00 feet;thence southeasterly S 1903624'E,25.00 feet,to the Point of
Beginning.Containing a total calculated Area of 625 Square feet,more or less.
ACCESS EASEMENT DESCRIPTION:
A Access Easement 10 feet In width located in that part of Lot 3,Fossil Creek Community Park,City of Fort Collins.Larimer County,
Colorado,and center being more particulady described as follows:
Referring to the Southeast Comer of the described Lease Area;thence nor0neastedy N 70°23W E,5.00 feet,to the Point of BegMng
for the center line of the described easement thence northwesterly N 1903624'W.238.59 feet;thence northeasterly N 70023W E.
98.83 feet,to the Point of Termination for the center ft of the described easement
UTILITY EASEMENT DESCRIPTION:
A Witty Easement 5 feet in width located in that part of Lot 3,Fossil Creek Comrtxmity Padc,City of Fort Collins,Lartmer County.
Colorado,and center being more particularly described as follows:
Referring to the Southwest Comer of the described Lease Area;thence south eastarly S 19°38'24'E,2.50 feet,to the Point of Beginning
for the center this of the described.easement:thence northeasterly N 70623W E,35.00 feet to the Point ofTem>3 m&n for the center
line of the described easement
I