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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 11/16/2010 - FIRST READING OF ORDINANCE NO. 121, 2010, AUTHORIZ DATE: November 16, 2010 STAFF: Helen Matson, Kayla Ballard Bill Whirty First Reading of Ordinance No. 121, 2010,Authorizing an Option to Lease, and a Subsequent Lease of, City-Owned Property at City Park Ball Fields to Open Range Communications, Inc. to Collocate an Antenna on an Existing Monopole and Install Related Equipment, and the Grant of Associated Easements. EXECUTIVE SUMMARY Open Range Communications has requested to lease space on a City-owned monopole for the installation of an antenna and 64 square feet of City-owned property for related ground equipment to enhance its wireless internet service. Included in this request are utility and access easements necessary for the operation and maintenance of its equipment. The term of the lease will be for one (1)five-year term with automatic renewal of four(4) successive five-year periods. BACKGROUND / DISCUSSION Open Range Communications approached the City regarding the possible lease of approximately 64 square feet of City-owned property for ground equipment to operate an antenna as well as collocating space on an existing pole for the installation of an antenna to enhance its wireless internet service. The property is located at City Park Ball Fields, 137 South Bryan Avenue. City Council has approved similar leases for Cricket, Voicestream and Sprint on the Ball Field property. Through a series of negotiations, staff developed a Ground Site Option and Lease Agreement with Open Range Communications 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 their 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 years with automatic renewal of four successive five-year periods. The financial benefits to the City are substantial and the impacts to the City are minimal. Attached are the plans of the proposed antenna, related equipment and the location. FINANCIAL/ ECONOMIC IMPACTS Open Range will be responsible for costs to install and maintain their antenna and ground equipment,as well as being responsible for utility expenses for their antenna and ground 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, at city parks for renovations and replacement of worn out infrastructure. 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. ATTACHMENTS 1. Photo Simulation 2. Location Map t �t. •� I I I �. . as, I tr r. a -. Ilks — - - - - 000 As ZVI or. . .. or io' Voo- to a It if fit 0 . 1 lit . •d i . 1Y �.- ,l� . per . , . r .. . to It lop it e • r - 'I Jy `]l 4 .• < N'.a �t� , - M.V�° s s r "�{' ' ' .. r %� '• • �!g ' Sb A '.� • f IT �i . oiltt ► o rz . T o Is or- 16. , t • • 1 1 • • • • Boom • 1 L L k i 1 , • • MCI l • 9101,1 ONPIP • ED AN KOPP J' 4 G■■ jk �`�tr, 1 t ■ �° 1A �W Mitt ! ' i ePIP , PP off- kk IF POP ` �" ' h _ } a ii��'r: i . 1't . 0 • �. ` 7 _ • T + '��.i 1�':� t •n 4 . PP PP tw lic � 'o '• : .r-. _. tit T . � �'� � . Z ,�j1.�� + q t I Piro N� d- -� �J .NJ .' '7 c•T € ` .. • 1 ��••..� r r.r� `• ..Sy rrL • y'3" *SAP . l�r v, . .-• ` . �t?••R' Tyy�L , 'Y ,r' .`' � • � F ♦ -� r . • - j�s > .ey J' .j �J,up '24 ,+t'T �•}��• • + r�• M'q� 1 a v i t i-F''1' ' F F ��.t _ ; ? �> :J - It �: a� [• ',i' 1 T '.�� * 4 "�Z� 4w t .1._ t,• t � � -_++2277-- 44 r PP. Pk • ' � , •, • ; - 1 • ± - _ice . •�, �t 4 4� -� i1 r r�, . , . �• c Av s tf` Tr;, if . WON 1 . . • - ATTACHMENT 2 Lease to Open Range Communications , Inc. Location Map w ' tI tk -~� A�•JC , Q ti. J f - GRANDVIEW CEMETERY coo 11J Qj �• C co �t Q CITY PARK LAKE 1 IL r1`. 4 R T .r , 1 N Approximate location of existing cellular monopole f ORDINANCE NO. 121, 2010 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING AN OPTION TO LEASE, AND A SUBSEQUENT LEASE OF, CITY-OWNED PROPERTY AT CITY PARK BALL FIELDS TO OPEN RANGE COMMUNICATIONS, INC. TO COLLOCATE AN ANTENNA ON AN EXISTING MONOPOLE AND INSTALL RELATED EQUIPMENT, AND THE GRANT OF ASSOCIATED EASEMENTS WHEREAS, the City is the owner of a parcel of land located in the Southwest Quarter of Section Ten (10), Township Seven North (T.7N), Range Sixty-Nine West (R69W), City of Fort Collins,County of Latimer,State of Colorado commonly known as City Park Ball Fields, 137 South Bryan Avenue, Fort Collins, Colorado, (the "Property"); and WHEREAS,Open Range Communications,Inc.("Open Range")has asked the City to lease to Open Range 64 square feet of space on the Property plus space on an existing monopole (the "Lease Parcel") for the installation of a wireless communication antenna and related equipment to enhance its wireless internet service, and grant it a utility easement and an access easement to serve the antenna and equipment (the "Easements"); and WHEREAS, the proposed Lease Parcel and Easements are described on Exhibit "A", attached and incorporated herein by reference; and WHEREAS, City staff has worked with Open Range 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, Open Range 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 Open Range 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 Open Range shall make annual lease payments to the City at a rate of$16,800 per year for the initial lease term, with that rate to be increased each renewal term by twenty percent (20%); and WHEREAS,the Agreement requires Open Range 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 of the antenna and use by Open Range 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 Open Range Communications,Inc.,and the associated grant of a utility easement and an access 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 Open Range Communications, Inc. 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 no materially increase the size or change the character of the Lease Parcel or either Easements. 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 -2- Passed and adopted on final reading on the7th day of December, A.D. 2010. Mayor ATTEST: City Clerk -3- EXHIBIT "A" LEASE AREA DESCRIPTION A PARCEL OF LAND FOR THE PURPOSE OF A COMMUNICATION LEASE AREA, LYING WITHIN THE NE'/4 OF SW'/4 OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO, SAID LEASE PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING, AS REFERENCE, AT THE CENTER QUARTER CORNER OF SAID SECTION 10, FROM WHICH POINT THE WEST QUARTER CORNER OF SECTION 10 BEARS, N 890 16' 42" W, A DISTANCE OF 2,650.02 FEET; THENCE, S 30' 19' 46" W, A DISTANCE OF 1,155.75 FEET TO THE POINT OF THE BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE S 400 11' 58" E, A DISTANCE OF 8.00 FEET; THENCE, S 510 55' 15" W, A DISTANCE OF 8.00 FEET; THENCE, N 40' 11' 58" W, A DISTANCE OF 8.00 FEET; THENCE,N 510 55' 15" E, A DISTANCE OF 8.00 FEET TO THE POINT OF THE BEGINNING, CONTAINING 64 SQUARE FEET OF LAND. 20' ACCESS EASEMENT A STRIP OF LAND FOR THE PURPOSE OF AN ACCESS EASEMENT TO SERVE A COMMUNICATIONS EQUIPMENT LEASE AREA, SITUATED WITHIN AND CROSSING A PORTION OF THE NE'A OF SW'/4 OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO, SAID STRIP OF LAND BEING TWENTY (20.00) FEET IN WIDTH AND LYING TEN (10.00) FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING, AS REFERENCE, AT THE CENTER QUARTER CORNER OF SAID SECTION 10, FROM WHICH POINT THE WEST QUARTER CORNER OF SECTION 10 BEARS,N 890 16' 42" W, A DISTANCE OF 2,650.02 FEET; THENCE, S 300 33' 15" W, A DISTANCE OF 924.33 FEET MORE OR LESS TO THE APPARENT SOUTH RIGHT OF WAY LINE OF WEST MOUNTAIN AVENUE AND THE POINT OF THE BEGINNING OF THIS ACCESS EASEMENT CENTERLINE; THENCE, S 00'21' 2 1" W, A DISTANCE OF 16.58 FEET; THENCE, S 200 37' 56" E, A DISTANCE OF 104.38 FEET; THENCE, S 69' 22' 04" W, A DISTANCE OF 36.88 FEET TO THE POINT OF TERMINATION OF THIS ACCESS EASEMENT CENTERLINE. Page 1 of 2 10' UTILITY EASEMENT A STRIP OF LAND FOR THE PURPOSE OF AN UTILITY EASEMENT TO SERVE A COMMUNICATION EQUIPMENT LEASE AREA, SITUATED WITHIN AND CROSSING A PORTION OF THE NORTHEAST QUARTER OF SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO, SAID STRIP OF LAND BEING TEN (10.00) FEET IN WIDTH AND LYING FIVE (5.00) FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING, AS REFERENCE, AT THE CENTER QUARTER CORNER OF SAID SECTION 10, FROM WHICH POINT THE WEST QUARTER CORNER OF SECTION 10 BEARS, N 890 16' 42" W, A DISTANCE OF 2,650.02 FEET; THENCE, S 17' 56' 24" W, A DISTANCE OF 1054.13 FEET TO AN EXISTING UTILITY POLE AND THE POINT OF BEGINNING OF THIS UTILITY EASEMENT CENTERLINE; THENCE, S 70° 57' 18" W, A DISTANCE OF 68.94 FEET; THENCE,N 20' 37' 56" W, A DISTANCE OF 141.52 FEET; THENCE, S 690 22' 04" W, A DISTANCE OF 110.02 FEET; THENCE, S 48° 24' 32" W, A DISTANCE OF 77.80 FEET; THENCE, S 40' 11' 58" E, A DISTANCE OF 21.86 FET TO THE POINT ON THE NORTHWEST LINE OF THE AFOREMENTIONED TELECOMMUNICATIONS LEASE AREA AND THE POINT OF TERMINATION OF THIS UTILITY EASEMENT CENTERLINE: Page 2 of 2