HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/06/2015 - FIRST READING OF ORDINANCE NO. 127, 2015 AUTHORIZIAgenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY October 6, 2015
City Council
STAFF
Helen Matson, Real Estate Services Manager
Mike Calhoon, Parks Supervisor
SUBJECT
First Reading of Ordinance No. 127, 2015 Authorizing a Lease of City-Owned Property at City Park North Ball
Field to Verizon Wireless (VAW) LLC for the Installation of Antennas and Related Facilities, and Associated
Access and Utility Easements.
EXECUTIVE SUMMARY
The purpose of this item is to add an antenna array to an existing City-owned 90.6 foot light pole and lease
375 square feet of ground space to Verizon Wireless. This array would be located approximately 65 feet above
the ground and accompany two other arrays currently on the pole. Additional ground space for related
communication equipment cabinets would be installed adjacent to the current carriers’ equipment. This will be
located at 137 South Bryan Avenue, which is the City Park north ball field.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City's Administrative Policy was amended this year and now prohibits granting leases to locate wireless
telecommunication facility on any City-owned public land. The Policy states that the wireless
telecommunication facilities existing on public land in City Park at the time of the Policy may remain in place,
and co-location of equipment by multiple carriers may be encouraged; however, consent to enlarge the
footprint of such facilities shall not be granted. Exceptions to this strict application of this policy may be made
at the discretion of the City Manager. The City Manager has approved the request for a lease application,
even though Verizon is expanding its footprint to install a new equipment cabinet on a new concrete pad.
In compliance with this Administrative Policy, Verizon Wireless contacted the Parks Department to discuss a
proposed lease of space on an existing City-owned monopole to place its antennas and to construct a ground
equipment facility next to the existing equipment facilities of other wireless providers that are leasing from the
City. The property to be leased, along with a related utility and access easement, is located at the north ball
field in City Park. Attachment 3 is a photo of the area in its current condition and a simulated photo to show
the new antenna array and ground equipment. City Council has previously approved similar leases to Sprint,
T-Mobile, ATT and Cricket at this location.
The key terms of the Lease Agreement include:
1. The term of the lease is for five (5) years and will automatically renew for up to four (4) successive five (5)
year periods.
2. Annual rent of $21,600 with increases of 20 percent (20%) every five years.
3. Lease of 375 square foot ground space to house its communication equipment cabinet.
Agenda Item 13
Item # 13 Page 2
4. Verizon will attach its panel antennas directly below the existing stadium lights, approximately 65 feet
above the ground.
5. Verizon will construct three (3) equipment cabinets, approximately 8 square feet each, on a new concrete
pad.
6. Verizon will construct a 6-foot galvanized chain link fence to enclose the equipment cabinet. The fence will
have a sloped top that will prevent softballs from entering the enclosure. This enclosure will be built and
screened to match the existing fenced enclosures leased by other wireless carriers. Verizon will also fund
four (4) evergreen trees to provide screening for the equipment.
7. Verizon will construct, maintain, repair, secure and operate its leased area.
8. The agreement includes the granting of a non-exclusive access and utility easement for use by Verizon
during the term of this lease.
CITY FINANCIAL IMPACTS
The lease will generate revenue for the Parks Department of $21, 600 annually over the initial five-year term.
The lease rate will increase 20 percent (20%) each additional five-year term. The revenue will be used by the
Parks Department for repair and renovation of existing park facilities and equipment. The tenant will be
responsible for the maintenance and costs to maintain the leased area.
PUBLIC OUTREACH
A neighborhood meeting was held March 5, 2015. Notification was sent to property owners bounded by
LaPorte Avenue to West Mulberry Street and Grandview Avenue to Lyons Street and South McKinley Avenue.
Only one member of the public attended this meeting. Minutes of the meeting are attached (Attachment 4).
ATTACHMENTS
1. Sustainability Assessment Summary and Tool (PDF)
2. Location map (PDF)
3. Photo of Existing Condition and Simulated Photo of New Equipment (PDF)
4. City Park Ball Field Wireless Colocate Neighborhood Meeting, March 5, 2015 (PDF)
SUSTAINABILITY ASSESSMENT SUMMARY
DATE: October 6, 2015
SUBJECT: Sustainability Assessment (SA) Summary for Authorizing a Lease to Verizon Wireless to for the
Installation of Antennas and Related Facilities, Along with Associated Access and Utility Easements, Located at
City Park North Ball Field.
Summary:
Verizon Wireless has requested a lease from the City of Fort Collins to install antennas and related
facilities. The current situation is that the City owns two (2) towers that are located at City Park North
Ball Field. Both poles have antennas from two (2) companies. Along with the request of the lease,
Verizon is also requesting an access easement and a utility easement. If approved by Council, these
easements will be included in their Lease Agreement. The utility easement is necessary to get electricity
to their ground equipment. This ground equipment will occupy 375 feet of ground space and will include
3 cabinets of approximately 8 square feet each.
Generally, we felt that the potential leasing of space for another antenna array at City Park North Ballfield
won’t create much change for the area. Verizon is expecting to increase connectivity for their existing
customers. We also felt it is important to note that this will enhance connectivity for emergency services.
The revenue collected for this lease is helpful to the Parks operating budget. The only negative rating we
gave this item was for environmental. The addition of this antenna and ground equipment will not reduce
carbon in the area. Including the one area with a negative rating, the average rating is a positive 1.3.
Economic 2.0
Social 3.0
Environmental
-1.0
Rating
Average, 1.3
-4.0
-3.0
-2.0
-1.0
0.0
1.0
2.0
3.0
4.0
Sustainability Rating
Rating without mitigation Rating with mitigation
Rating Legend
3 Very positive
2 Moderately positive
1 Slightly positive
0 Not relevant or neutral
-1 Slightly negative
-2 Moderately negative,
impact likely
-3 Very negative, impact
expected
ATTACHMENT 1
*The Fort Collins SAT was developed by modifying the Triple Bottom Line (TBL) Analysis Tool developed by Eugene, Oregon, July 2009. 1
City of Fort Collins SUSTAINABILITY ASSESSMENT TOOL (SAT)
(November 2014)
Creating a sustainable community
Plan Fort Collins is an expression of the community’s resolve to act sustainably: to systemically, creatively, and thoughtfully utilize environmental,
human, and economic resources to meet our present needs and those of future generations without compromising the ecosystems upon which we
depend.
How to use the tool
The Sustainability Assessment Tool (SAT) is designed to inform a deeper understanding of how policy and program choices affect the social
equity, environmental health and economic health of the community. The City of Fort Collins has developed a Sustainability Assessment
Framework that describes the purpose, objectives, and guidelines to assist City Program/Project Managers to determine:
• The process for cross-department collaboration in using the SAT
• Timing for applying a SAT
• When to apply a SAT
• How to document the results of the SAT and present at City Council Work Sessions and Regular Council Meetings
Further detailed guidance is available at: http://citynet.fcgov.com/sustainability/sustainabilityassessments.php
The SAT does not dictate a particular course of action; rather, the analysis provides policy makers and staff with a greater awareness of some
of the trade-offs, benefits and consequences associated with a proposal, leading to more mindful decision-making.
Brief description of proposal
Installation of an additional wireless communication facility to an existing pole in City Park.
Staff lead(s):
Helen Matson, Real Estates Services Manager/Operations Services 221-6276
Mike Calhoon, Director of Parks/Parks Division 416-2079
2
Social Equity
Described: Placing priority upon protecting, respecting, and fulfilling the full range of universal human rights, including those pertaining to civil,
political, social, economic, and cultural concerns. Providing adequate access to employment, food, housing, clothing, recreational opportunities, a
safe and healthy environment and social services. Eliminating systemic barriers to equitable treatment and inclusion, and accommodating the
differences among people. Emphasizing justice, impartiality, and equal opportunity for all.
Goal/Outcome: It is our priority to support an equitable and adequate social system that ensures access to employment, food, housing, clothing,
education, recreational opportunities, a safe and healthy environment and social services. Additionally, we support equal access to services and
seek to avoid negative impact for all people regardless of age, economic status, ability, immigration or citizenship status, race/ethnicity, gender,
relationship status, religion, or sexual orientation. Equal opportunities for all people are sought. A community in which basic human rights are
addressed, basic human needs are met, and all people have access to tools and resources to develop their capacity. This tool will help identify how
the proposal affects community members and if there is a difference in how the decisions affect one or more social groups. Areas of consideration in
creating a vibrant socially equitable Fort Collins are: basic needs, inclusion, community safety, culture, neighborhoods, and advancing social equity.
Analysis Prompts
• The prompts below are examples of the issues that need to be addressed.
They are not a checklist. Not all prompts and issues will be relevant for any
one project. Issues not covered by these prompts may be very pertinent to a
proposal - please include them in the analysis.
Is this proposal affected by any current policy, procedure or action plan?
Has advice been sought from organizations that have a high level of
expertise, or may be significantly affected by this proposal?
Proposal Description
Installation of an additional wireless communication facility to an existing pole
in City Park.
Administrative Policy 4.8 Wireless Telecommunication Facilities on City Owned
Property.
1. Meeting Basic Human Needs
• How does the proposal impact access to food, shelter,
employment, health care, educational and recreational
opportunities, a safe and healthy living environment or
social services?
• Does this proposal affect the physical or mental health of
individuals, or the status of public health in our community?
• How does this proposal contribute to helping people achieve
and maintain an adequate standard of living, including housing,
or food affordability, employment opportunities, healthy families,
or other resiliency factors?
Analysis/Discussion
Improved connectivity allows people to pursue their careers and recreational
activities.
There is controversy about the effects of public health but the FCC excludes the
ability to take this into consideration when deciding to allow these facilities.
Improved access assists with emergency response times.
2. Addressing Inequities and being Inclusive
• Are there any inequities to specific population subsets in this
proposal? If so, how will they be addressed?
• Does this proposal meet the standards of the Americans with
Disabilities Act?
• How does this proposal support the participation, growth
N/A
3
and healthy development of our youth? Does it include
Developmental Assets?
• If the proposal affects a vulnerable section of our community (i.e.
youth, persons with disabilities, etc.)
3. Ensuring Community Safety
• How does this proposal address the specific safety and
personal security needs of groups within the community,
including women, people with disabilities, seniors, minorities,
religious groups, children, immigrants, workers and others?
Enhanced connectivity for emergency services.
4. Culture
• Is this proposal culturally appropriate and how does it affirm
or deny the cultures of diverse communities?
• How does this proposal create opportunities for artistic and
cultural expression?
N/A
5. Addressing the Needs of Neighborhoods
• How does this proposal impact specific Fort Collins
neighborhoods?
• How are community members, stakeholders and interested
parties provided with opportunities for meaningful participation
in the decision making process of this proposal?
• How does this proposal enhance neighborhoods and
stakeholders’ sense of commitment and stewardship to our
community?
Enhanced wireless connectivity for the area neighborhoods.
Neighborhood meeting was held 3/5/15, with only 1 person in attendance. This
person was uncomfortable with wireless communications, but would not object
to this addition.
6. Building Capacity to Advance Social Equity
• What plans have been made to communicate about and
share the activities and impacts of this proposal within the
City organization and/or the community?
• How does this proposal strengthen collaboration and
cooperation between the City organization and community
members?
N/A
Social Equity Summary
Overall, we felt that this lease to Verizon was very positive. Adding this additional wireless service in the area will enhance connectivity for the area
neighborhood. This will improve connectivity used for work or home. This will help ensure community safety by improving connectivity for emergency services.
4
Key issues:
We had one neighbor attend our Neighborhood Meeting and she was somewhat concerned about health issues and the wireless communications facility and
she also acknowledged that there are existing facilities on site. As we explained to her that as per the Telecommunications Act of 1996, “No State or local
government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the
environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission’s regulations concerning such emissions.”
Potential mitigation strategies:
Overall, the effect of this proposal on social equity would be:
Please reach a consensus or take a group average on the rating, enter an “x” in one of
the following boxes and indicate the overall rating.
Rating represents group consensus +3
Rating represents group average
+3 +2 +1 0 -1 -2 -3
Very
positive
Moderately
positive
Slightly
positive
Not
relevant
or neutral
Slightly
negative
Moderately
negative,
impact
likely
Very
negative,
impact
expected
Environmental Health
Described: Healthy, resilient ecosystems, clean air, water, and land. Decreased pollution and waste, lower carbon emissions that contribute to
climate change, lower fossil fuel use, decreased or no toxic product use. Prevent pollution, reduce use, promote reuse, and recycle natural
resources.
Goal/Outcome: Protect, preserve, and restore the natural environment to ensure long-term maintenance of ecosystem functions necessary for
support of future generations of all species. Avoid or eliminate adverse environmental impacts of all activities, continually review all activities to identify
and implement strategies to prevent pollution; reduce energy consumption and increase energy efficiency; conserve water; reduce consumption and
waste of natural resources; reuse, recycle and purchase recycled content products; reduce reliance on non-renewable resources.
Analysis Prompts
• The prompts below are examples of issues that need to be addressed.
They are not a checklist. Not all prompts and issues will be relevant for
any one project. Issues not covered by these prompts may be very pertinent
to a proposal - please include them in the analysis.
• Is this proposal affected by any current policy, procedure or action
plan? Has advice been sought from organizations that have a high level
of expertise, or may be significantly affected by this proposal?
Installation of an additional wireless communication facility to an existing pole
in City Park.
4.8 Wireless Telecommunication Facilities on City Owned Property.
1. Environmental Impact Analysis/Discussion
5
• Does this proposal affect ecosystem functions or
processes related to land, water, air, or plant or
animal communities?
• Will this proposal generate data or knowledge related to the
use of resources?
• Will this proposal promote or support education in
prevention of pollution, and effective practices for
reducing, reusing, and recycling of natural resources?
• Does this proposal require or promote the continuous
improvement of the environmental performance of the City
organization or community?
• Will this proposal affect the visual/landscape or aesthetic
elements of the community?
Wireless communication enables education and research for environmental
topics.
This array is in addition to four wireless arrays currently installed on the same
site. This array will minimally impact the current visual aesthetics.
2. Climate Change
• Does this proposal directly generate or require the
generation of greenhouse gases (such as through
electricity consumption or transportation)?
• How does this proposal align with the carbon reduction goals for
2020 goal adopted by the City Council?
• Will this proposal, or ongoing operations result in an
increase or decrease in greenhouse gas emissions?
• How does this proposal affect the community’s efforts to reduce
greenhouse gas emissions or otherwise mitigate adverse climate
change activities?
Additional electricity will be used to energize the array. This will not reduce
carbon emissions.
3. Protect, Preserve, Restore
• Does this proposal result in the development or modification
of land resources or ecosystem functions?
• Does this proposal align itself with policies and procedures
related to the preservation or restoration of natural habitat,
greenways, protected wetlands, migratory pathways, or the
urban growth boundary
• How does this proposal serve to protect, preserve, or restore
important ecological functions or processes?
There will be an enlarged footprint directly adjacent to the existing enclosures
to accommodate wireless equipment.
4. Pollution Prevention
• Does this proposal generate, or cause to be generated,
waste products that can contaminate the environment?
• Does this proposal require or promote pollution prevention
N/A
6
through choice of materials, chemicals, operational practices
and/or engineering controls?
• Does this proposal require or promote prevention of
pollution from toxic substances or other pollutants
regulated by the state or federal government?
• Will this proposal create significant amounts of waste or
pollution?
5. Rethink, Replace, Reduce, Reuse, Recirculate/Recycle
• Does this proposal prioritize the rethinking of the materials or
goods needed, reduction of resource or materials use, reuse of
current natural resources or materials or energy products, or
result in byproducts that are recyclable or can be re-circulated?
N/A
6. Emphasize Local
• Does this proposal emphasize use of local materials,
vendors, and or services to reduce resources and
environmental impact of producing and transporting
proposed goods and materials?
• Will the proposal cause adverse environmental effects
somewhere other than the place where the action will take
place?
The vendor is not local and materials will be shipped to the site.
Environmental Health Summary
Our group felt that this lease to Verizon would have a slightly negative affect for environmental health. Improving connectivity to the neighborhood
will allow citizens to do more research on environmental subjects. The area of this lease currently has two wireless towers and arrays from 4 other
cell companies. It is our opinion that the addition of one more array will have very little effect visually. However, the footprint of this lease will be
increased that is needed for equipment cabinets. These cabinets will be adjacent to existing equipment cabinets. To camouflage the area, Verizon
will cover this area and will fund the addition of 4 evergreen trees.
There will be more electricity used on the site for this new array which will not reduce carbon.
Key issues:
Potential mitigation strategies:
7
Overall, the effect of this proposal on environmental health would be:
Please reach a consensus or take a group average on the rating, enter an “x” in one of
the following boxes and indicate the overall rating.
Rating represents group consensus -1
Rating represents group average
+3 +2 +1 0 -1 -2 -3
Very
positive
Moderately
positive
Slightly
positive
Not
relevant
or neutral
Slightly
negative
Moderately
negative,
impact
likely
Very
negative,
impact
expected
X
Economic Health
Described: Support of healthy local economy with new jobs, businesses, and economic opportunities; focus on development of a diverse economy,
enhanced sustainable practices for existing businesses, green and clean technology jobs, creation or retention of family waged jobs.
Goal/Outcome: A stable, diverse and equitable economy; support of business development opportunities.
Analysis Prompts
• The prompts below are examples of the issues that need to be addressed.
They are not a checklist. Not all prompts and issues will be relevant for any
one project. Issues not covered by these prompts may be very pertinent to a
proposal - please include them in the analysis
• Is this proposal affected by any current policy, procedure or action plan? Has
advice been sought from organizations that have a high level of expertise, or
may be significantly affected by this proposal?
Installation of an additional wireless communication facility to an existing pole
in City Park.
4.8 Wireless Telecommunication Facilities on City Owned Property.
1. Infrastructure and Government
• How will this proposal benefit the local economy?
• If this proposal is an investment in infrastructure is it designed
and will it be managed to optimize the use of resources
including operating in a fossil fuel constrained society?
• Can the proposal be funded partially or fully by grants, user
fees or charges, staged development, or partnering with
another agency?
• How will the proposal impact business growth or operations
(ability to complete desired project or remain in operation), such
as access to needed permits, infrastructure and capital?
Analysis/Discussion
User fees from Verizon fund the installation of the wireless array.
Communication drives business at all levels from local to international.
This offer will generate $21,600 annually for the Parks Department.
2. Employment and Training
• What are the impacts of this proposal on job creation
within Larimer County?
8
available?
• How will this proposal enhance the skills of the local workforce?
3. Diversified and Innovative Economy
• How does this proposal support innovative or
entrepreneurial activity?
• Will “clean technology” or “green” jobs be created in this
proposal?
• How will the proposal impact start-up or existing businesses or
development projects?
Wireless access for area neighbors to run their businesses.
4. Support or Develop Sustainable Businesses
• What percentage of this proposal budget relies on local services
or products? Identify purchases from Larimer County and the
State of Colorado.
• Will this proposal enhance the tools available to businesses
to incorporate more sustainable practices in operations and
products?
• Are there opportunities to profile sustainable and socially
responsible leadership of local businesses or educate
businesses on triple bottom line practices?
The local Verizon office provides the professional services for plan and permit
processes.
5. Relevance to Local Economic Development Strategy
Economic Prosperity Summary
Our group rates the affect to economic prosperity as moderately positive. From the perspective of the City Parks Department, the revenue
generated from the annual lease is helpful to their operating budget. For anyone in the area that has a home business, this could also be a benefit
to have better connectivity with their customers and also provide quicker responses to their customers.
Key issues:
Potential mitigation strategies:
Overall, the effect of this proposal on economic prosperity will be:
Please reach a consensus or take a group average on the rating, enter an “x” in one of
+3 +2 +1 0 -1 -2 -3
9
the following boxes and indicate the overall rating.
Rating represents group consensus +2
Rating represents group average
Very
positive
Moderately
positive
Slightly
positive
Not
relevant
or neutral
Slightly
negative
Moderately
negative,
impact
likely
Very
negative,
impact
expected
X
Attachment 2
Attachment 3
Photo of Existing Conditions page 1 of 2
Attachment 3
Photo Simulation of Proposed Changes page 2 of 2
New antenna and
ground equipment
NEIGHBORHOOD INFORMATION MEETING
PROJECT: City Park Ball Field Wireless Co-Locate
PROJECT TYPE: Minor Amendment
DATE: March 5, 2015
The meeting began at 6pm and was attended briefly by one member of the public who was generally in support of
the new cell antennae co-locate on the existing ball field poles. The individual expressed concerns that we did not
fully understand what the long-term health impacts from cellular signals to the general population are.
ATTACHMENT 4
- 1 -
ORDINANCE NO. 127, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING A LEASE OF CITY-OWNED PROPERTY
AT CITY PARK NORTH BALL FIELD TO VERIZON WIRELESS (VAW) LLC
FOR THE INSTALLATION OF ANTENNAS AND RELATED FACILITIES,
AND ASSOCIATED ACCESS AND UTILITY EASEMENTS
WHEREAS, the City is the owner of those certain parcels of real property described on
Exhibit “A” attached and incorporated by reference (the “Property”); and
WHEREAS, the Property is part of the City Park North Ball Field and the site of the Fort
Collins Housing Authority office building; and
WHEREAS, Verizon Wireless (VAW) LLC (“Verizon”) has asked the City to lease it
375 square feet of space on the Property and space on an existing monopole at the ball field (the
“Lease Parcel”) for the installation of an antenna and related equipment to enhance its wireless
service, along with three utility easements and one access and utility easement to serve Verizon’s
facilities (the “Easements”); and
WHEREAS, the proposed Lease Parcel and Easements are described on Exhibit “B”
attached and incorporated by reference; and
WHEREAS, City staff has worked with Verizon to negotiate and prepare a lease
agreement (the “Lease”), a copy of which is attached as Exhibit “C” and incorporated by
reference; and
WHEREAS, under the Lease, Verizon’s initial lease term would be five years, with four
additional, successive five-year renewal periods; and
WHEREAS, use of the Easements would be governed by the terms of the Lease, and
would terminate when the lease of the Lease Parcel terminates; and
WHEREAS, the Lease further provides that Verizon shall make annual lease payments to
the City at a rate of $21,600 per year for the initial lease term, with the rate increasing by twenty
percent at the beginning of each renewal term; and
WHEREAS, the Agreement requires Verizon to proceed in accordance with any
applicable regulations and other procedural requirements or restrictions, which would include the
City Land Use Code and building permit requirements; and
WHEREAS, Verizon would also be required to enclose its ground equipment with a
chain link fence, and fund the purchase of four additional evergreen trees for installation by the
City to help screen the facilities; and
WHEREAS, City staff has determined that the proposed installation and use by Verizon
of its equipment on the Lease Parcel and use of the Easements on and under the Property are
- 2 -
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 23-113(b)(1) of the City Code authorizes the City Council to lease
any and all interests in real property owned by the City, if the City Council first finds that such
lease is in the best interests of the City; and
WHEREAS, if the proposed term of the lease exceeds twenty years, the lease must be
approved by ordinance.
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 lease of the Lease Parcel
to Verizon Wireless (VAW) LLC, and the grant of Easements in accordance with terms and
conditions of the Lease are in the best interests of the City.
Section 2. That the Mayor is hereby authorized to enter into the Lease with Verizon
Wireless (VAW) LLC for the lease of the Lease Parcel and grant of the Easements, in
substantially the form attached as Exhibit “C”, 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 of the Easements, as long as such changes do not materially increase the size or
change the character of the Lease Parcel or the Easements.
Introduced, considered favorably on first reading, and ordered published this 6th day of
October, A.D. 2015, and to be presented for final passage on the 20th day of October, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
- 3 -
Passed and adopted on final reading on the 20th day of October, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
EXHIBIT A
PROPERTY DESCRIPTION
A tract of land located in the E ½ of the SW ¼ of Section 10, Township 7 North, Range 69 West
of the 6
th
P.M., City of Fort Collins, County of Larimer, State of Colorado (City Park Golf
Course/Ball Park), Larimer County Assessor’s Parcel No. 9710300922, and
Lot 1, Fort Collins Housing Authority Subdivision, Fort Collins, County of Larimer, State of
Colorado, Larimer County Assessor’s Parcel No. 9710316901
EXHIBIT B FTC Mulberry
Site Name: FTC Mulberry
096002.377/Lease Agreement B-1
EXHIBIT B
FTC Mulberry
Site Name: FTC Mulberry
096002.377/Lease Agreement B-2
X X X X
X
X
X
X
X
X
X X X X
X X X X X X X X
X
X
X
X
X
X
X
X
X
X
X
X
X
X X X X X X X X
X
48201
5/14/15
Site Name: FTC Mulberry
096002.377/Lease Agreement B-3
FTC Mulberry
X X X X X X X X X X X X
X X X X X X X X X X X
EP EP EP EP
EP EP EP EP EP EP
EP EP EP EP EP EP EP
EP EP EP EP EP EP EP
X X X X X X X X X
X
X X X X X X X
X X X X X X X
48201
5/14/15
FTC Mulberry
Site Name: FTC Mulberry
096002.377/Lease Agreement B-4
48201
5/14/15
Site Name: FTC Mulberry
096002.377/Lease Agreement B-5
FTC Mulberry
X X X X
X X X
EP EP
EP EP
EP EP
X X X
X X
X X
FO FO FO
FO
FO FO FO
FO
E E E
E E
37654
Site Name: FTC Mulberry
096002.377/Lease Agreement B-6
FTC Mulberry
September 28, 2015 FTC Mulberry
BUS_RE/5691079.2
LEASE AGREEMENT
THIS LEASE AGREEMENT (“Agreement”) dated and effective as of the date last signed below
(“Effective Date”), is between Verizon Wireless (VAW) LLC d/b/a Verizon Wireless (“Tenant”), and THE
CITY OF FORT COLLINS, a Colorado municipal corporation (“Landlord”).
For good and valuable consideration the receipt and sufficiency of which are hereby acknowledged,
the parties hereto agree as follows:
1. Premises. Landlord owns a parcel of land (“Property”) located in the City of Fort Collins,
County of Larimer, State of Colorado, being a portion of City Park. The Property is more particularly
described in Exhibit A, attached and incorporated herein by reference. Landlord wishes to lease to Tenant,
and Tenant wishes to lease from Landlord, approximately 375 square feet of space on the Property as well as
space on Landlord’s existing monopole (“Monopole”) for Tenant’s antennas and related appurtenances,
together with the access and utility easements (the “Easements”) necessary or desirable therefore
(collectively, “Premises”) as described and shown on Exhibit B, attached and incorporated herein by
reference.
2. Term. The lease term will be five (5) years commencing on ____________________,
2015 (“Commencement Date”) and will terminate on _________________________, 2020 unless
otherwise terminated as provided herein. Tenant has the right to extend the Term for four (4) successive five
(5) year periods (“Renewal Terms”) on the same terms and conditions as set forth herein, except that the
Rent for each Renewal Term will increase as described in Paragraph 4 below. This Agreement will renew
automatically for each successive Renewal Term unless Tenant notifies the Landlord of its intention not to
renew at least one hundred eighty (180) days prior to commencement of the succeeding Renewal Term.
Notwithstanding the foregoing, Landlord may notify Tenant of Landlord’s intention to prevent further
renewal of this Agreement for the third (3rd) or any subsequent Renewal Term by giving Tenant notice at least
one hundred eighty (180) days prior to the end of the second (2nd) or subsequent Renewal Term.
3. Use, Interference.
3.1 Subject to the terms and conditions of this Agreement, Tenant may use the
Premises for the construction, installation, maintenance and operation of the “Communication Facilities” as
particularly described and depicted on Exhibit B, attached and incorporated herein by reference, including
without limitation, the transmission and the reception of wireless communication signals. Tenant’s use of the
Property must comply with all applicable laws and regulations including all Federal Communications
Commission (“FCC”) requirements.
3.2 Tenant must operate the Communication Facilities in compliance with all FCC
requirements including those prohibiting interference with communications facilities of Landlord or other
lessees or licensees of the Property, provided that the installation and operation of any such facilities predate
the installation of the Communication Facilities. After the installation of the Communication Facilities,
Landlord will not, and will not permit its lessees or licensees to, install new equipment on or make any
alterations to the Property if Tenant can establish to Landlord’s reasonable satisfaction that such proposed
modifications are likely to cause interference with Tenant’s operations. In the event such interference occurs,
Landlord will use its best reasonable efforts to eliminate such interference in a reasonable time period.
Failure of either party to comply with this paragraph shall be a material breach of this Agreement.; provided,
if Tenant causes interference in violation of this Section 3.2, Tenant may power-down the equipment causing
such interference and later power up such equipment for intermittent testing. In no event will Landlord be
entitled to terminate this Agreement as long as Tenant is making a good faith effort to remedy the
interference issue.
3.3 Landlord agrees that Tenant's ability to use the Premises is contingent upon the
suitability of the Premises for Tenant's Use and Tenant's ability to obtain and maintain all Government
Approvals. Landlord authorizes Tenant to prepare, execute and file all required applications to obtain
EXHIBIT C
September 28, 2015 FTC Mulberry
BUS_RE/5691079.2
Government Approvals for Tenant’s Use under this Agreement and agrees to reasonably assist Tenant with
such applications and with obtaining and maintaining the Government Approvals. Notwithstanding the
foregoing, the parties acknowledge and agree that the laws, regulations, policies, and other legal or
procedural requirements imposed by Landlord as a governing body with jurisdiction to review and approve
or deny certain of the regulatory approvals to be sought or required of Tenant, fully apply to Tenant and will
not be altered as a result of Landlord’s agreement to cooperate as the owner of the Premises in Tenant’s
efforts to obtain the Governmental Approvals.
4. Rent.
4.1 Tenant will pay to Landlord as rent Twenty One Thousand Six Hundred and
00/100 Dollars ($21,600.00) per year (“Rent”). The first installment of Rent is payable within thirty (30)
business days following the Commencement Date, and subsequent Rent installments will be due annually
thereafter on the anniversary of the Commencement Date. Rent will increase at the beginning of any
applicable Renewal Term by the amount equal to twenty percent (20%) of the Rent for the previous Term or
Renewal Term. If this Agreement is terminated for any reason other than a default by Tenant, Landlord will
refund pre-paid rent to Tenant on a prorated basis.
4.2 Tenant will make all payments of Rent to the Landlord at such place as the
Landlord may, from time to time, designate in writing. For the present, the Landlord designates City of Fort
Collins Parks Department, 413 Bryan Ave., Fort Collins, CO 80521; Attention: Dawna Gorkowski, as the
place for making Rent payments. All such Rent must be paid in current legal tender of the United States or, in
the alternative, by electronic funds transfer if Landlord provides Tenant with bank routing information for
such purpose. The Landlord’s agreement to any extensions of time for the payment of any installment of
Rent or acceptance of any money other than of the kind herein specified does not waive the Landlord’s right
to insist on having all other payments of Rent made in the manner and at the time herein specified.
4.3 Any amount due to the Landlord from the Tenant under this Agreement not paid
when due will result in a written default notice delivered to Tenant and, if Tenant fails to make such payment
within ten (10) days of its receipt of such notice, the unpaid amount will bear interest at the rate of ten percent
(10%) per annum from the due date until paid. Payments of such interest will not excuse or cure any default
by the Tenant under this Agreement. In addition, if the Tenant fails to pay any installment of Rent when due
and such failure continues for a period of ten (10) days following the date Tenant receives written notice of
such default, the Tenant must pay to the Landlord a monthly collection service charge of five percent (5%) of
the late payment amount, which is due and payable immediately.
4.4 Within sixty (60) days of Tenant’s written request, Landlord, or any successor to
Landlord, hereby agrees to provide to Tenant certain documentation (the “Rental Documentation”)
evidencing Landlord’s interest in, and right to receive payments under, this Agreement, including without
limitation: (i) documentation, acceptable to Tenant in Tenant’s reasonable discretion, evidencing
Landlord’s good and sufficient title to and/or interest in the Property and right to receive rental payments and
other benefits hereunder; (ii) a complete and fully executed Internal Revenue Service Form W-9, or
equivalent, in a form acceptable to Tenant, for any party to whom rental payments are to be made pursuant to
this Agreement; and (iii) other documentation requested by Tenant in Tenant’s reasonable discretion. From
time to time during the Term of this Agreement and within sixty (60) days of a written request from Tenant,
Landlord agrees to provide updated Rental Documentation in a form reasonably acceptable to Tenant. The
Rental Documentation shall be provided to Tenant in accordance with the provisions of and at the address
given in Section 15. Tenant shall have no obligation to make any rental payments until Rental
Documentation has been supplied to Tenant as provided herein.
5. Improvements.
5.1 Tenant has the right to construct, maintain, install, repair, secure, replace, remove
and operate on the Premises the Communication Facilities. Tenant shall, at its own expense, lease from the
City, (i) a fifteen (15) by twenty-five (25) foot site just north of the right field fence of the north City Park ball
September 28, 2015 FTC Mulberry
BUS_RE/5691079.2
field, to house Tenant's supporting equipment and structures therefor and (ii) space on the Monopole for
Tenant’s antennas and related appurtenances. In addition, Tenant shall construct around the Communication
Facility a six (6) foot fence with a sloped top that will prevent softballs from entering the enclosure. This
fence shall be built to match the existing fenced enclosures located at the same Property. Tenant shall also
fund the purchase of four trees (6’ evergreens with City Forester approval) for installation by the City in the
spring of 2016; provided, Tenant shall not be responsible for installing or maintaining the trees. The
Communication Facilities and Tenant’s other equipment and structures are collectively referred to hereafter
as the “Tenant Facilities”. In connection with the Tenant Facilities, Tenant has the right to do all work
necessary to prepare, add, maintain and alter the Premises for Tenant’s communications operations and to
install utility lines and transmission lines connecting antennas to transmitters and receivers.
5.2 Tenant has the right to replace or upgrade Tenant Facilities at any time during the
term of this Lease, provided that no such replacement or upgrade shall cause Tenant to interfere with the use
of the Property by others in violation of Section 3.2, or materially increase the physical or other occupation of
the Property by Tenant, without written modification of this Lease. As used herein, the term “material” shall
not include additions to, or replacements, upgrades or alterations of Tenant’s Facilities in whole or in part (a)
within the confines of the Premises (specifically including any and all changes to equipment inside the
equipment space or like for like swap of antennas and related equipment), or (b) to the extent attached to the
Monopole, if the resulting addition, replacement, upgrade or alteration is of substantially the same or lesser
size.
5.3 All of Tenant’s construction and installation work must be performed at Tenant’s
sole cost and expense, in a good and workmanlike manner, free of all liens or encumbrances, and in
compliance with all applicable laws and regulations. Tenant must maintain the Premises and Tenant
Facilities in commercially reasonable condition and repair, normal wear and tear and casualty excepted.
Tenant is responsible for all damages caused to the Landlord or the Landlord’s property arising from the
Tenant’s exercise of the rights herein granted, and must restore all lands, landscaping, turf, fences, irrigation
systems or any other improvements to a condition comparable to their condition immediately prior to
installation, repair, replacement or removal of Tenant’s Facilities or related equipment, excepting normal
wear and tear.
5.4 Title to the Tenant Facilities and any equipment placed on the Premises by Tenant
must be held by Tenant or its lenders or assigns and such Tenant Facilities and other Tenant equipment are
not fixtures. Tenant has the right to remove the Tenant Facilities at its sole expense on or before the
expiration or earlier termination of this Agreement, and Tenant must repair any damage to the Premises
caused by such removal. Within sixty (60) days after expiration or earlier termination of this Agreement,
Tenant must remove the Tenant Facilities from the Premises and restore the Premises to the same or similar
condition as it was in as of the Commencement Date, excepting normal wear and tear. Tenant will not be
obligated to remove any foundation more than three (3) feet below grade level.
6. Access and Utilities.
6.1 Landlord will provide Tenant, Tenant’s employees, agents, contractors,
subcontractors and assigns with access to the Premises twenty-four (24) hours a day, seven (7) days a week,
at no charge to Tenant. Landlord grants to Tenant, and Tenant’s agents, employees and contractors, a
non-exclusive right and easement for pedestrian and vehicular ingress and egress across the Property, as
described in Exhibit B. Except in an emergency requiring immediate access, Tenant will access the Premises
only during the hours that City Park is open to the public (5:00 a.m. to 11:00 p.m. as of the Effective Date.)
6.2 Landlord shall maintain any existing public access roadways from the nearest
public roadway to the Premises in a manner sufficient to allow pedestrian and vehicular access at all times
under normal weather conditions. Landlord is responsible for maintaining and repairing such roadways, at its
sole expense, except for any damage caused by Tenant’s use of such roadways. Should Landlord fail to
maintain the roadways as described in this Paragraph, Tenant may repair the same or, in the alternative,
terminate this Agreement.
September 28, 2015 FTC Mulberry
BUS_RE/5691079.2
6.3 Tenant has the right to install utilities, at Tenant’s expense, and to improve the
present utilities on the Property (including, but not limited to, the installation of emergency power
generators), provided that any such utilities must be located in and consistent with the Easements granted to
Tenant by Landlord as set forth herein. Landlord, as owner of the Property, will use reasonable efforts in
cooperation with Tenant in Tenant’s efforts to acquire necessary utility service. Tenant must install separate
meters for utilities used on the Premises and pay directly to the utility company the use of power
consumption.
6.4 Landlord reserves the right at all reasonable times and with reasonable notice to
Tenant of not less than forty-eight (48) hours, and at all times during emergencies, for Landlord or Landlord’s
agents to enter the Premises for the purpose of inspecting and examining the same. Unless such access is
necessitated by genuine emergency that threatens persons or property, Tenant shall have the right to have a
representative present for such inspection. Notwithstanding the foregoing, Landlord shall not have access to
Tenant’s equipment shelter, unless deemed necessary by local law enforcement or fire safety personnel in the
event of an emergency, and may not climb the Monopole. In the case of emergency, Landlord will notify
Tenant of such access as soon as practicable following the inspection and include with such notice the nature
of the emergency and inspection.
7. Taxes. Tenant acknowledges that Landlord is a tax-exempt government entity. Tenant
must pay personal property taxes assessed against the Tenant Facilities and any real property taxes and all
other taxes, fees and assessments attributable to the Premises and assessed as a result of Tenant’s private use
of the Landlord’s otherwise tax-exempt Property. If such taxes are a pass-through from Landlord to Tenant,
Landlord shall provide reasonable written evidence that such payment is due.
8. Termination.
8.1 This Agreement may be terminated without further liability as follows: (i) upon
thirty (30) days written notice by either party of a default of any covenant or term hereof by the other party,
which default is not cured within such thirty (30) day period, or such longer period as may be required to
diligently complete a cure commenced within that thirty (30) day period; (ii) upon ten (10) days written
notice by Landlord if Tenant fails to cure a default for payment of amounts due under this Agreement within
that ten (10) day period, or (iii) by Tenant without further liability for any reason or for no reason, provided
Tenant delivers written notice of termination to Landlord.
8.2 This Agreement may also be terminated by Landlord without further liability on
thirty (30) days prior written notice if the Tenant (i) is adjudicated bankrupt or insolvent, (ii) files a petition in
bankruptcy for reorganization or for the adoption of an arrangement under the Bankruptcy Act (as now or in
the future amended) or (iii) makes an assignment of its property for the benefit of its creditors.
9. Destruction or Condemnation.
9.1 If the Premises or Tenant Facilities are damaged or destroyed by an act or event
beyond Tenant’s reasonable control, Tenant may elect to terminate this Agreement as of the date of the
damage or destruction by giving notice to Landlord no more than forty-five (45) days following the date of
such damage or destruction, and Tenant will be entitled to reimbursement on a pro rata basis of any Rent
prepaid by Tenant. If Tenant chooses not to terminate this Agreement, Landlord will reduce or abate the Rent
in proportion to the actual reduction or abatement of use of the Premises until such time as Tenant restores the
Tenant Facilities or Premises to the condition existing prior to such damage or destruction, or until 14
calendar days from the date of damage or destruction, whichever comes first.
9.2 If a condemning authority takes all of the Property, or a portion sufficient, in
Tenant’s sole determination, to render the Premises unsuitable for Tenant, this Agreement will terminate as
of the date the title vests in the condemning authority. The parties will each be entitled to pursue their own
separate awards in the condemnation proceedings, which for Tenant may include, where applicable, the value
of its Tenant Facilities, moving expenses, prepaid Rent, and business dislocation expenses, provided that any
award to Tenant will not diminish Landlord’s recovery. Tenant will be entitled to reimbursement for any
prepaid Rent on a pro rata basis.
September 28, 2015 FTC Mulberry
BUS_RE/5691079.2
10. Insurance; Subrogation; and Indemnity.
10.1 Tenant at its sole cost and expense, must procure, pay for and keep in full force
and effect a policy of Commercial General Liability Insurance covering the Premises and Tenant Facilities in
the amount of not less than One Million and No/100 Dollars ($1,000,000.00), per occurrence for bodily
injury (including death) and property damage and $1,000,000 general aggregate. Tenant shall also maintain
workers’ compensation insurance in conformity with applicable state law. Tenant’s General Liability shall
be Primary and Non-Contributory, and the workers compensation coverage shall include a Waiver of
Subrogation in favor of the City of Fort Collins, Colorado, its elected officials and employees.
10.2 The commercial general liability insurance carried by the Tenant shall name the
Tenant as insured and include the City of Fort Collins, its elected officials and employees as an additional
sinsured as their interests may appear. Upon issuance or renewal of any such insurance policy, the Tenant
must provide Landlord with a certificate of insurance showing evidence of coverage that includes the City of
Fort Collins as an additional insured. Such certificate must include the description of the Premises. Upon
receipt of notice from its insurer, Tenant will use its best efforts to provide Landlord with 30 days’ advance
written notice of cancellation of any required policy of insurance.
10.3 Any insurance policy purchased by the Tenant must be written by an insurance
carrier which has a current rating by Best's Insurance Reports of "A-" (excellent) or better and a financial
rating of "VII" or better, or such equivalent classification as may hereinafter be required customarily for
properties similarly situated and approved by the Landlord, and the insurance carrier must be authorized by
law to do business in the State of Colorado.
10.4 Notwithstanding anything to the contrary contained herein, the Tenant’s
obligation to carry insurance as provided herein may be brought within the coverage of a “blanket” policy or
policies of insurance carried and maintained by the Tenant
10.5 Landlord and Tenant hereby mutually release each other (and their successors or
assigns) from liability and waive all right of recovery against the other for any loss or damage covered by
their respective first-party property insurance policies for all perils insured thereunder. In the event of such
insured loss, neither party's insurance company shall have a subrogated claim against the other.
10.6 Tenant agrees, to the fullest extent permitted by law, to indemnify, defend and
hold Landlord harmless from and against any and all injury, loss, damage or liability (or any claims in respect
of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) arising directly
from the installation, use, maintenance, repair or removal of the Tenant Facilities, or Tenant's breach of any
provision of this Agreement, except to the extent caused by the negligent or intentional act or omission of
Landlord, its employees, agents or independent contractors. Tenant shall require any contractors doing work
on the Premises on behalf of Tenant to have in effect during the time of such work a policy or policies of
insurance meeting the requirements of this Pargraph 10 and naming the City of Fort Collins, its elected
officials and employees as additional insureds. Notwithstanding anything to the contrary in this Agreement,
Tenant and Landlord each waive any claims that each may have against the other with respect to
consequential, incidental or special damages. The duties described in this Paragraph 10.6 shall apply as of
the Effective Date of this Agreement and survive the termination of this Agreement.
11. Assignment and Subleasing.
11.1 Tenant may assign or otherwise transfer this Agreement, without consent, to any
person or entity that is authorized pursuant to and FCC licensed to operate a wireless communications
business, and such person or entity is Tenant’s principal, affiliate, subsidiary of its principal or to any entity
which acquires all or substantially all of Tenant’s assets in the market defined by the FCC in which the Property
is located by reason of a merger, acquisition or other business reorganization; provided that notice of any such
assignment or transfer must be provided to Landlord within sixty (60) days of the same. Tenant may not
otherwise assign or sublease this Agreement without written approval of Landlord, which approval shall not
be unreasonably delayed, withheld, conditioned or denied.
September 28, 2015 FTC Mulberry
BUS_RE/5691079.2
11.2 The Landlord has the right to approve all subleases. All subleases must require
the subtenant to comply with the terms and conditions of this Lease including, but not limited to, the
insurance and indemnification requirements of Paragraph 10 above. Tenant must disclose to Landlord all
terms of any such proposed sublease, and Landlord is entitled to deny or condition any such approval, in its
reasonable discretion, (i) in the event that Tenant seeks to charge rent or other compensation for sublease in
addition to those amounts due to Landlord hereunder; (ii) if Tenant’s proposed sublessee is unacceptable
based upon any policy, financial or management consideration of Landlord; or (iii) in the event the
circumstances, terms or particulars of the proposed sublease are otherwise reasonably unsatisfactory to
Landlord.
12. Title and Quiet Enjoyment.
12.1 Landlord represents and warrants that (i) it has full right, power, and authority to
execute this Agreement, (ii) Tenant may peacefully and quietly enjoy the Premises and such access thereto,
provided that Tenant is not in default hereunder after notice and expiration of all cure periods, (iii) it has
obtained all necessary approvals and consents, and has taken all necessary action to enable Landlord to enter
into this Agreement and allow Tenant to install and operate the Facility on the Premises, including without
limitation, approvals and consents as may be necessary from other tenants, licensees and occupants of
Landlord’s Property, and (iv) the Property and access rights are free and clear of all liens, encumbrances and
restrictions except those of record as of the Effective Date.
12.2 Tenant has the right to obtain a title report or commitment for a leasehold title
policy from a title insurance company of its choice. If, in the opinion of Tenant, such title report shows any
defects of title or any liens or encumbrances which may adversely affect Tenant’s use of the Premises, Tenant
shall have the right to terminate this Agreement immediately upon written notice to Landlord.
13. Hazardous Material.
13.1 As used herein, the term "Hazardous Material" means any solid, gaseous or liquid
wastes (including hazardous wastes), regulated substances, pollutants or contaminants or terms of similar
import, as such terms are defined in any applicable environmental law or regulation, and shall include,
without limitation, any petroleum or petroleum products or by-products, flammable explosives, radioactive
materials, asbestos in any form, polychlorinated biphenyls and any other substance or material which
constitutes a threat to health, safety, property or the environment or which has been or is in the future
determined by any governmental entity to be prohibited, limited or regulated by any applicable
environmental law or regulation.
13.2 As of the Effective Date of this Agreement Landlord hereby represents and
warrants that (i) it has no knowledge of the presence of any Hazardous Material located in, on, under, upon or
affecting the Property in violation of any applicable law or regulation; and (ii) no notice has been received by
or on behalf of Landlord from any governmental entity or any person or entity claiming any violation of any
applicable environmental law or regulation in, on, under, upon or affecting the Property;
13.3 Landlord and Tenant must not introduce or use any Hazardous Material on the
Property in violation of any applicable law.
13.4 Tenant will hold harmless and indemnify Landlord from, and assume all duties,
responsibilities, and liabilities at Tenant’s sole cost and expense for payment of penalties, sanctions,
forfeitures, losses, costs, or damages, and for responding to any action, notice, claim, order, summons,
citation, directive, litigation, investigation or proceeding which is related to (i) Tenant’s failure to comply
with any environmental or industrial hygiene law at the Property, including without limitation any
regulations, guidelines, standards or policies of any governmental authorities regulating or imposing
standards of liability or standards of conduct with regard to any environmental or industrial hygiene
conditions or matters as may now or hereafter be in effect, or (ii) any environmental or industrial hygiene
conditions that arise out of or are in any way related to the condition of the Property resulting from the
September 28, 2015 FTC Mulberry
BUS_RE/5691079.2
activities conducted by the Tenant thereon, unless the environmental conditions are caused by the Landlord
or other third parties not under the control of Tenant.
13.5 The indemnifications of this Paragraph 13 specifically include reasonable costs,
expenses and fees incurred in connection with any investigation of Property conditions or any clean-up,
remediation, removal or restoration work required by any governmental authority. The provisions of this
Paragraph 13 will survive the expiration or termination of this Agreement.
13.6 If Tenant becomes aware of any Hazardous Materials on the Property, or any
environmental or industrial hygiene condition or matter relating to the Property that, in Tenant’s sole
determination, renders the condition of the Premises or Property unsuitable for Tenant’s use, or if Tenant
believes that the leasing or continued leasing of the Premises would expose Tenant to undue risks of
government action, intervention or third-party liability, Tenant will have the right, in addition to any other
rights it may have at law or in equity, to terminate the Agreement upon notice to Landlord.
14. Waiver of Landlord’s Lien. Landlord hereby waives any and all lien rights it may have,
statutory or otherwise concerning the Tenant Facilities or any portion thereof which shall be deemed personal
property for the purposes of this Agreement, whether or not the same is deemed real or personal property
under applicable laws, and Landlord gives Tenant and Mortgagees the right to remove all or any portion of
the same from time to time, whether before or after a default under this Agreement, in Tenant’s and/or
Mortgagee’s sole discretion and without Landlord’s consent.
15. Notices. All notices, requests, demands and other communications hereunder must be in
writing and are deemed given if sent by certified mail, return receipt requested, or sent by for
next-business-day delivery by a nationally recognized overnight carrier to the following addresses:
If to Tenant:
Verizon Wireless (VAW) LLC
d/b/a Verizon Wireless
180 Washington Valley road
Bedminster, New Jersey 07921
Attention: Network Real Estate
If to Landlord:
City of Fort Collins Parks Department
Attn: Manager of Parks
P.O. Box 580
Fort Collins, CO 80522-0580
With a copy to:
City of Fort Collins
Real Estate Services
P.O. Box 580
Fort Collins, CO 80522-0580
Landlord or Tenant may from time to time designate any other address for this purpose by written notice to
the other party. All notices hereunder shall be deemed received upon actual receipt or refusal to accept
delivery.
16. Miscellaneous.
16.1 If Tenant is to pay Rent to a payee other than the Landlord, Landlord will notify
Tenant in advance in writing of the payee’s name and address.
16.2 The substantially prevailing party in any legal claim arising hereunder will be
entitled to its reasonable legal fees and costs, including attorney’s fees, court costs, and costs for appeals, if
any.
September 28, 2015 FTC Mulberry
BUS_RE/5691079.2
16.3 If any provision of the Agreement is invalid or unenforceable with respect to any
party, the remainder of this Agreement or the application of such provision to persons other than those as to
whom it is held invalid or unenforceable, will not be affected and each provision of this Agreement will be
valid and enforceable to the fullest extent permitted by law.
16.4 Terms and conditions of this Agreement which by their sense and context survive
the termination, cancellation or expiration of this Agreement will so survive.
16.5 This Agreement is governed under the laws of the State of Colorado and is
binding on and inures to the benefit of the successors and permitted assignees of the respective parties.
16.6 A Memorandum of Agreement in the form attached hereto as Exhibit C may be
recorded by Tenant confirming the (i) effectiveness of this agreement, (ii) expiration date of the Term, (iii)
the duration of any Renewal Terms, and/or other reasonable terms consistent with this Agreement. If Tenant
records a Memorandum of Agreement, Tenant will promptly provide a copy of the recorded document to
Landlord.
16.7 All Exhibits referred herein are incorporated herein for all purposes.
16.8 This Agreement constitutes the entire Agreement between the parties, and
supersedes all understandings, offers, negotiations and other leases concerning the subject matter contained
herein. There are no representations or understandings of any kind not set forth herein. Any amendments,
modifications or waivers of any of the terms and conditions of this Agreement must be in writing and
executed by both parties.
16.9 All financial obligations of the Landlord for fiscal years subsequent to the year of
the Effective Date are contingent upon the appropriation by the Fort Collins City Council, in its sole
discretion, of funds sufficient and intended for such purposes.
16.10 Nothing contained herein shall be deemed or construed by the parties hereto nor
by any third party as creating the relationship of principal and agent or a partnership or a joint venture
between the parties hereto, it being agreed that none of the provisions set forth herein nor any acts of the
parties herein shall be deemed to create a relationship between the parties hereto other than the relationship of
Landlord and Tenant.
IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of the date
first above written.
LANDLORD:
THE CITY OF FORT COLLINS, COLORADO,
a municipal corporation
By: ________________________________________
Wade Troxell, Mayor
ATTEST:
________________________________
City Clerk
APPROVED AS TO FORM:
September 28, 2015 FTC Mulberry
BUS_RE/5691079.2
________________________________
Senior Assistant City Attorney
TENANT:
Verizon Wireless (VAW) LLC
d/b/a Verizon Wireless
By: ____________________________________
Name: Rick Goldschmidt
Title: Executive Director - Network
Date: ___________________________________
September 28, 2015 FTC Mulberry
BUS_RE/5691079.2
EXHIBIT A
DESCRIPTION OF LAND
A tract of land located in the E ½ of the SW ¼ of Section 10, Township 7 North, Range 69 West of the 6th
P.M., City of Fort Collins, County of Larimer, State of Colorado (City Park Golf Course/Ball Park), Larimer
County Assessor’s Parcel No. 9710300922, and
Lot 1, Fort Collins Housing Authority Subdivision, Fort Collins, County of Larimer, State of Colorado,
Larimer County Assessor’s Parcel No. 9710316901
September 28, 2015 FTC Mulberry
BUS_RE/5691079.2
EXHIBIT B
DESCRIPTION OF PREMISES
A DRAWING OF THE PREMISES WILL BE PRESENTED HERE OR ATTACHED HERETO
EXHIBIT B
B-1
EXHIBIT B
Site Name: FTC Mulberry
096002.377/Lease Agreement
FTC Mulberry
Site Name: FTC Mulberry B-2
096002.377/Lease Agreement
X X X X
X
X
X
X
X
X
X X X X
X X X X X X X X
X
X
X
X
X
X
X
X
X
X
X
X
X
X X X X X X X X
X
48201
5/14/15
Site Name: FTC Mulberry
096002.377/Lease Agreement B-3
FTC Mulberry
X X X X X X X X X X X X
X X X X X X X X X X X
EP EP EP EP
EP EP EP EP EP EP
EP EP EP EP EP EP EP
EP EP EP EP EP EP EP
X X X X X X X X X
X
X X X X X X X
X X X X X X X
48201
5/14/15
FTC Mulberry
Site Name: FTC Mulberry
096002.377/Lease Agreement B-4
48201
5/14/15
Site Name: FTC Mulberry
096002.377/Lease Agreement B-5
FTC Mulberry
X X X X
X X X
EP EP
EP EP
EP EP
X X X
X X
X X
FO FO FO
FO
FO FO FO
FO
E E E
E E
37654
Site Name: FTC Mulberry
096002.377/Lease Agreement B-6
FTC Mulberry
September 28, 2015 FTC Mulberry
BUS_RE/5691079.2
EXHIBIT C
COMMUNICATIONS FACILITY
To the Agreement dated __________________, 2015, by and between is between Verizon Wireless
(VAW) LLC d/b/a Verizon Wireless (“Tenant”), and THE CITY OF FORT COLLINS, a Colorado
municipal corporation (“Landlord”).
RECORDED AT REQUEST OF, AND
WHEN RECORDED RETURN TO:
Sherman & Howard L.L.C.
633 17th Street, Suite 3000
Denver, Colorado 80202
Attn: Eileen Lynch
Re: DEN Mulberry
COPY TO:
City of Fort Collins
Real Estate Services
300 Laporte Ave., Bldg. B
P.O. Box 580
Fort Collins, CO 80522
MEMORANDUM OF AGREEMENT
APN: 97103-00-922
This MEMORANDUM OF AGREEMENT is entered into on _______________, 2015, by THE
CITY OF FORT COLLINS, a Colorado municipal corporation, with an address at 300 Laporte Ave., Fort
Collins, CO 80522 (hereinafter referred to as (“Landlord”) and Verizon Wireless (VAW) LLC d/b/a
Verizon Wireless, with an address at 180 Washington Valley Road, Bedminster, New Jersey 07921, Attn:
Network Real Estate (hereinafter referred to as (“Tenant”).
1. Landlord and Tenant entered into a Lease Agreement (“Agreement”)
dated as of _______________, 2015, effective upon full execution of the parties for the purpose of Tenant
undertaking certain Investigations and Tests and, upon finding the Property appropriate, for the purpose of
installing, operating and maintaining a communications facility and other improvements. All of the
foregoing is set forth in the Agreement.
2. The term of Tenant’s tenancy under the Agreement is for five (5) years
commencing __________________, 2015 (“Term Commencement Date”), and terminating on the Term
Commencement Date with four (4) successive five (5) year options to renew.
3. The property that is the subject of the Agreement is described in Exhibit
A annexed hereto. The portion of the Land being leased to Tenant and all necessary access and utility
easements (the “Premises”) are set forth in the Agreement.
September 28, 2015 FTC Mulberry
BUS_RE/5691079.2
In witness whereof, the parties have executed this Memorandum of Agreement as of the day and
year first written above.
LANDLORD:
THE CITY OF FORT COLLINS, COLORADO,
a municipal corporation
By: _________________________________
Wade Troxell, Mayor
Date: _______________________________
STATE OF COLORADO )
) ss
COUNTY OF LARIMER )
I certify that I know or have satisfactory evidence that Wade Troxell is the person who appeared
before me, and said person acknowledged that she signed this instrument, on oath stated that she was
authorized to execute the instrument and acknowledged it as the Mayor of THE CITY OF FORT COLLINS,
COLORADO, a municipal corporation, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated: ________________________
Notary Public
Print Name
My commission expires
(Use this space for notary stamp/seal)
September 28, 2015 FTC Mulberry
BUS_RE/5691079.2
TENANT:
Verizon Wireless (VAW) LLC
d/b/a Verizon Wireless
By: ______________________________________
Rick Goldschmidt
Title: Executive Director - Network
Date: ____________________
STATE OF _________________________ )
) ss
COUNTY OF _______________________ )
I certify that I know or have satisfactory evidence that Rick Goldschmidt is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as the Executive Director - Network of Verizon
Wireless (VAW) LLC d/b/a Verizon Wireless to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated: ________________________
Notary Public
Print Name
My commission expires
(Use this space for notary stamp/seal)
• Are apprenticeships, volunteer or intern opportunities
N/A