HomeMy WebLinkAbout091 - 09/06/2022 - AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO LEASE WITH NEW CINGULAR WIRELESS PCS, LLC OF CITY-ORDINANCE NO.091, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO LEASE WITH
NEW CINGULAR WIRELESS PCS, LLC OF CITY -OWNED PROPERTY AT
CITY PARK BALLFIELDS
WHEREAS, the City is the owner of that certain parcel of real property known as the City
Park Ballfields (the "Ballfields") located at 1715 W. Mountain Avenue, Fort Collins, CO 80521;
and
WHEREAS, on September 20, 2005, the City Council adopted Ordinance No. 098, 2005,
authorizing the City to enter into a Colorado Option and Structure Lease Agreement with New
Cingular Wireless PCS, LLC ("New Cingular") regarding the leased premises located at the
Ballfields for the use of a pole for the installation of its personal communications service antenna
and related equipment (the "Lease Space"); and
WHEREAS, the City and New Cingular entered into the Colorado Option and Structure
Lease Agreement dated October 3, 2005 (the "Lease") for a six-month option period within which
Cingular could choose to move forward with the Lease, then an initial lease term of five years plus
two five-year options to renew, and a final renewal period to expire no later than March 8, 2023;
and
WHEREAS, New Cingular has requested that the City extend the current Lease term to
end on October 20, 2023, instead of March 8, 2023, and grant an extension of the Lease for one
additional five-year term starting on October 21, 2023; and
WHEREAS, staff has negotiated with New Cingular proposed terms for an extension and
has prepared a First Amendment to Site Lease ("First Amendment") to extend the Lease, together
with all necessary easements for access and utilities set forth in the Lease, by five years; and
WHEREAS, a copy of the proposed First Amendment is attached hereto as Exhibit "A"
and incorporated herein by reference; and
WHEREAS, the First Amendment provides that New Cingular shall pay lease payments at
a rate of $24,000 per year for the initial year, said rate to be increased annually by three percent;
and
WHEREAS, the financial benefits to the City of permitting New Cingular's continued use
are substantial, and the impacts to the City of the same are minimal; and
WHEREAS, under Section 23-113 of the City Code, the Council is authorized to lease any
and all interests in real property owned in the name of the City, provided that Council first finds
that the lease 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 makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby determines that the extension of the term of
the Lease along with all necessary easements for access and utilities as set forth in the Lease for
the period from March 8, 2023, to October 20, 2023, followed by one additional term of five years,
is in the best interests of the City.
Section 3. That the City Council hereby authorizes the City Manager to enter into the
First Amendment to Colorado Option and Structure Lease Agreement with New Cingular Wireless
PCS, LLC, for the continued use of the Lease Space, consistent with the terms hereof, along with
such other provisions as the City Manager, in consultation with the City Attorney, deems necessary
or appropriate to protect the interests of the City.
Introduced, considered favorably on first reading and ordered publishgd,,this 16th day of
August, A.D. 2022, and to be presented for final passage on 6th day of Scy er ber, A.D. 2022.
ATTEST: U; SEAL .
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City Clerk
Passed and adopted on final reading this 6th
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City Clerk
EXHIBIT A
DocuSign Envelope ID: 2EEA8706-2C51-4456-9709-24BA753D1E4C
FIRST AMENDMENT
TO COLORADO OPTION AND STRUCTURE LEASE AGREEMENT
This First Amendment to Colorado Option and Structure Lease Agreement (the "First
Amendment") is effective as of (the "Effective Date") by and between
the City of Fort Collins, Colorado, a Colorado municipal corporation ("Landlord") and New
Cingular Wireless PCS, LLC, a Delaware limited liability company ("Tenant") (each a "Party", or
collectively, the "Parties").
A. Landlord and Tenant (or their predecessors -in -interest) entered into that certain
Colorado Option and Structure Lease Agreement dated October 3, 2005 and effective October
12, 2005 (the "Lease") regarding the leased premises ("Premises") located at 1715 W. Mountain
Avenue, Fort Collins, CO 80521 (the "Property").
For good and valuable consideration, Landlord and Tenant agree as follows:
1. The term of the Agreement shall be amended to provide that the current term, which
commenced on March 08, 2018, shall expire on October 20, 2023 ("Current Term"), and
commencing on October 21, 2023, will be automatically renewed, upon the same terms
and conditions of the Agreement, for one (1) additional five (5) year term (the "Renewal
Term"). Hereafter, "Term" shall include the Current Term and the Renewal Term. Lessor
agrees and acknowledges that, except as such permitted use or other rights may be
amended herein, Lessee may continue to use and exercise its rights under the Agreement
as permitted prior to the Renewal Term.
2. Commencing October 21, 2023, Tenant shall pay Landlord annual rent in the amount of
Twenty -Four Thousand and No/100 dollars ($24,000.00) per year (the "Rent"). Where
duplicate Rent would occur, a credit shall be taken by Tenant for any prepayment of Rent
by Tenant.
Rent shall be adjusted annually on each anniversary of the Renewal Term commencement
date by an amount equal to three percent (3%) over the Rent for the immediately
preceding year. This new Rent and Rent adjustment shall supersede and replace any prior
rent and rent adjustments.
If Tenant remains in possession of the Premises at the expiration or termination of this
Lease without a new written agreement, such tenancy shall be deemed a month -to -
month tenancy. Rent for the holdover period shall be 150% of the last current annual
rent, plus the three percent annual (3%) escalator as applicable, prorated and paid
monthly on the first day of each month.
3. All notices, requests, and demands shall be in writing and shall be deemed to have been
delivered upon receipt or refusal to accept delivery, and are effective only when
deposited into the U.S. certified mail, return receipt requested, or when sent via a
nationally recognized courier to the addresses set forth below. Landlord or Tenant may
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TMO Site ID: DN03245A 6/29/20 Tenant Cell Site Name: Sheldon Lake
TMO Lease ID: 79407 Tenant Cell Site #: COL030360
EXHIBIT A
DocuSign Envelope ID: 2EEA8706-2C51-4456-9709-24BA753D1E4C
from time to time designate any other address for this purpose by providing written
notice to the other Party.
If to Tenant:
New Cingular Wireless PCS, LLC
Attn: TAG — LA
Re: Cell Site #: COL030360
Cell Site Name: Sheldon Lake (TX)
Fixed Asset #: 10099199
1025 Lenox Park Blvd. NE
3rd Floor
Atlanta, GA 30319
If to Landlord:
City of Fort Collins, Colorado
300 Laporte Avenue, Building B
Fort Collins, CO 80521
Attn: Real Estate Service Manager
With a copy to:
New Cingular Wireless PCS, LLC
Attn: Legal Department
New Cingular Wireless PCS, LLC
Re: Cell Site #: COL030360
Cell Site Name: Sheldon Lake (TX)
Fixed Asset #: 10099199
208 S. Akard Street
Dallas, TX, 75202-4206
4. Tenant will ensure that Landlord has current contact information for Tenant's employees,
representatives and/or contractors that are in charge of access, maintenance, and repairs
on the Premises.
5. Tenant and Landlord will reasonably cooperate with each other's requests to approve
permit applications and other documents related to the Property without additional
payment or consideration.
6. Except as expressly set forth in this First Amendment, the Lease otherwise is unmodified.
To the extent any provision contained in this First Amendment conflicts with the terms of
the Lease, the terms and provisions of this First Amendment shall control. Each reference
in the Lease to itself shall be deemed also to refer to this First Amendment.
7. This First Amendment may be executed in duplicate counterparts, each of which will be
deemed an original. Signed electronic, scanned, or facsimile copies of this First
Amendment will legally bind the Parties to the same extent as originals.
8. Each of the Parties represents and warrants that it has the right, power, legal capacity and
authorityto enter into and perform its respective obligations underthis First Amendment.
Landlord represents and warrants to Tenant that the consent or approval of a third party
has either been obtained or is not required with respect to the execution of this First
Amendment.
9. This First Amendment will be binding on and inure to the benefit of the Parties herein,
their heirs, executors, administrators, successors -in -interest and assigns.
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TMO Site ID: DN0324SA 6/29/20 Tenant Cell Site Name: Sheldon Lake
TMO Lease ID: 79407 Tenant Cell Site #: COL030360
EXHIBIT A
DocuSign Envelope ID: 2EEA8706-2C51-4456-9709-24BA753D1E4C
IN WITNESS, the Parties execute this First Amendment as of the Effective Date.
LANDLORD:
City of Fort Collins, Colorado,
a Colorado municipal corporation
By:
Print Name: Kelly DiMartino
Title: City Manager
Date:
ATTEST:
By:
Print Name: Anissa Hollingshead
Title: City Clerk
APPROVED AS TO FORM:
By:
Print Name: Ingrid Decker
Title: Senior Assistant City Attorney
TENANT:
New Cingular Wireless PCS, LLC,
a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By:
Print Name:
Title:
Date:
DocuSigned by:
�FOCDE175DEBF439...
Mark Johns
Area Manager
7/8/2022
3
TMO Site ID: DN03245A 6/29/20 Tenant Cell Site Name: Sheldon Lake
TMO Lease ID: 79407 Tenant Cell Site #: COL030360