HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/16/2010 - FIRST READING OF ORDINANCE NO. 120, 2010, AUTHORIZ DATE: November 16, 2010 WA � . . -
STAFF: Helen Matson, Kayla Ballard _
Bill Whirty
First Reading of Ordinance No. 120, 2010,Authorizing an Option to Lease, and a Subsequent Lease of, City-Owned
Property at Southridge Greens Golf Course to New Cingular Wireless PCS, LLC for the Installation of a
Telecommunication Monopine Tower and Related Equipment, and the Grant of Associated Easements.
EXECUTIVE SUMMARY
New Cingular Wireless PCS, LLC (AT&T) has requested to lease 700 square feet of City-owned property to install a
50-foot monopine and related equipment to enhance wireless service in the area. Additionally, AT&T is requesting
utility and access easements that are necessary for the operation and maintenance of its monopine and ground
equipment.
BACKGROUND / DISCUSSION
AT&T approached the City regarding the possible lease of land for the installation of a 50-foot monopine tower with
related ground equipment to enhance wireless service and necessary utility and access easements needed for tower
operation. A"monopine" is a cellular antenna tower designed to look like a pine tree. The monopine pole is made
of steel and will have branches made of a fiberglass-like material to camouflage the pole. The color of the pole and
branches will match the existing landscaping.
The proposed lease area is located along South Lemay Avenue on the east side of the Southridge Greens Golf
Course. Through a series of negotiations, staff developed a Ground Site Option, Lease and Easement Agreement
with AT&T 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 AT&T the opportunity to complete its due diligence of the site,which includes going through
the Community Development&Neighborhood Services'regulatory requirements process,and,if AT&T continues;(2)
a proposed lease term for an initial five years with automatic renewal of four successive five-year periods.
FINANCIAL/ ECONOMIC IMPACTS
AT&T will be responsible for all costs to install and maintain the monopine and equipment shelter. AT&T will also be
responsible for all utility expenses for the monopine and all related 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. Golf Division
will use the revenue from this lease for minor capital improvements, known as the Life Cycle Funding Program,at the
golf courses for renovations and replacement of worn out infrastructure.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
ATTACHMENTS
1. Photo Simulation
2. Location Map
Attachment 1 Page 1 of 2
Southridge Greens Golf Course -
View of existing site looking Northeast
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Southridge Greens Golf Course — Looking Northeast
View of Proposed " Monopine " Pole and Proposed Ground
Equipment in Fenced Compound and 4 new Proposed
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Monopine
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ATTACHMENT
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Monopine and Ground Equipment Location
ORDINANCE NO. 120, 2010
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN OPTION TO LEASE, AND A SUBSEQUENT LEASE OF,
CITY-OWNED PROPERTY AT SOUTHRIDGE GREENS GOLF COURSE TO
NEW CINGULAR WIRELESS PCS, LLC FOR THE INSTALLATION OF
A TELECOMMUNICATION MONOPINE TOWER AND RELATED EQUIPMENT,
AND THE GRANT OF ASSOCIATED EASEMENTS
WHEREAS, the City is the owner of that certain parcel of real property described as Tract
A, Southridge Golf Course, City of Fort Collins, County of Larimer, State of Colorado, EXCEPT
that portion set forth in First Replat of a Portion of Tract A, Southridge Golf Course,Recorded May
19, 1992 at Reception No. 92027686 (the "Property"); and
WHEREAS, New Cingular Wireless PCS, LLC ("AT&T") has asked the City to lease to
AT&T 700 square feet of space on the Property(the"Lease Parcel")for the installation of a 50-foot
"monopine" (a wireless service tower designed to look like a pine tree) and related equipment to
enhance its wireless service, and to grant it a utility easement and an access and utility easement to
serve the tower (the "Easements"); and
WHEREAS, the proposed Lease Parcel and Easements are described on Exhibit "A",
attached and incorporated herein by reference; and
WHEREAS, staff has worked with AT&T to negotiate and prepare 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,AT&T 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 AT&T 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 AT&T 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 AT&T to sublease space to up to two sub-tenants,
including the right to partially assign its use of the Easements, provided AT&T pays the City rent
for each such sublease in the amount of$7,200 per year for the first five years of each sublease,with
that rate to be increased by twenty percent for each additional five year period of a sublease; and
WHEREAS, the Agreement requires AT&T to comply with any applicable regulatory
requirements or restrictions, including the City Land Use Code and building permit requirements;
and
WHEREAS, City staff believes that the proposed installation and use by AT&T 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 further believes 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 Cingular Wireless PCS, LLC, and the associated grant of a
utility easement and an access and utility easement on and across the Property, all as described on
Exhibit"A", 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 Cingular
Wireless PCS,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
November,A.D.2010,and to be presented for final passage on the 7th day of December,A.D.2010.
Mayor
ATTEST:
Chief Deputy City Clerk
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Passed and adopted on final reading on the 7th day of December, A.D. 2010.
Mayor
ATTEST:
City Clerk
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EXHIBIT "A"
LEASE PARCEL DESCRIPTION:
A 20 foot by 35 foot Lease Parcel lying in a portion of Tract A, Southridge Golf Course,
Northwest Quarter of Section 7, Township 6 North, Range 68 West of the 6th P.M.,
County of Larimer, State of Colorado more particularly described as follows:
Commencing at the Northwest Corner of Lot 1 Greenridge at Southridge Greens .
P.U.D., being a found No. 3 rebar with yellow plastic cap stamped "PLS 12474",
whence the Northwest Corner of Lot 4 Greenridge at Southridge Greens P.U.D., being
a found No. 5 rebar with yellow plastic cap, with illegible markings bears S17°51'56"W,
a distance of 245.40 feet; Thence N52041'08"E, a distance of 125.58 feet and the
POINT OF BEGINNING:
Thence S 90°00'00" W, a distance of 35.00 feet; Thence N 00°00'00" E, a distance of
20.00 feet; Thence N 90°00'00" E, a distance of 35.00 feet; Thence S 00000,00" W, a
distance of 20.00 feet to the POINT OF BEGINNING.
The above legal description contains 700.00 square feet more or less.
ACCESS AND UTILITY EASEMENT DESCRIPTION:
An Access and Utility Easement being a strip of land 12.00 feet in width lying 6.00 feet
on each side of the following described centerline, being a portion of Tract A,
Southridge Golf Course, Northwest Quarter of Section 7, Township 6 North, Range 68
West of the 6th P.M., County of Larimer, State of Colorado more particularly described
as follows:
Commencing at the Northwest Corner of Lot 1 Greenridge at Southridge Greens
P.U.D., being a found No. 4 rebar with yellow plastic cap stamped "PLS 12474",
whence the Northwest Corner of Lot 4 Greenridge at Southridge Greens P.U.D., being
a found No. 5 rebar with yellow plastic cap with illegible markings bears S17°51'56"W, a
distance of 245.40 feet; Thence N40046'01"E, a distance of 126.92 feet and the POINT
OF BEGINNING;
Thence N 00°00'00" E, a distance of 25.69 feet; Thence S 72050'37" W, a distance of
21.45 feet to "Point A"; Thence S 72°50'37" W, a distance of 66.90 to a point on the
easterly right of way of Southridge Greens Blvd and the POINT OF TERMINUS.
Beginning at said "Point A", thence along a line being 5.00 feet in width lying 2.50 feet
on each side of the following described centerline, S 00°00'00"W, a distance of 24.37
feet and the POINT OF TERMINUS. Sidelines of said strip of land are to be lengthened
and/or shortened to prevent gaps and/or overlaps.
The above legal description contains 1,459.39 square feet more or less.
Page 1 of 2
UTILITY EASEMENT DESCRIPTION:
A Utility Easement being a strip of land 5.00 feet in width lying 2.50 feet on each side of
the following described centerline, being a portion of Tract A, Southridge Golf Course,
Northwest Quarter of Section 7, Township 6 North, Range 68 West of the 6`h P.M.,
County of Larimer, State of Colorado more particularly described as follows:
Commencing at the Northwest Corner of Lot 1 Greenridge at Southridge Greens
P:U.D., being a found No. 4 rebar with yellow plastic cap stamped "PLS 12474",
whence the Northwest Corner of Lot 4 Greenridge at Southridge Greens P.U.D., being
a found No. 5 rebar with yellow plastic cap with illegible markings bears S17051'56"W, a
distance of 245.40 feet; Thence N36058'45"E, a distance of 120.33 feet and the POINT
OF BEGINNING;,
Thence NO3°34'35" W, a distance of 80.31 feet to the POINT OF TERMINUS.
Sidelines of said strip of land are to be lengthened and/or shortened to prevent gaps
and/or overlaps. The above legal description contains 401.56 square feet more or less.
Page 2 of 2