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HomeMy WebLinkAbout193 - 01/02/2001 - AUTHORIZING AN OPTION TO LEASE, AND A SUBSEQUENT LEASE, OF CITY-OWNED PROPERTY AT CITY PARK NORTH BA ORDINANCE NO. 193, 2000 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 NORTH BALLFIELD TO VOICESTREAM PCS 11, FOR THE LOCATION OF ANTENNA EQUIPMENT ALONG WITH ASSOCIATED EASEMENTS WHEREAS, the City is the owner of that certain parcel of real property known as the City Park North Ballfield(the "North Ballfield") which includes the property described on the attached Exhibit "A" (the "Easement Property"); and WHEREAS,Voicestream PCS II("Voicestream")has approached City staff,seeking to lease a location on a pole Voicestream has agreed to install for the City at the North Ballfield(the "Lease Space"), pursuant to City specifications, for an array of personal communications service antenna; and WHEREAS, Voicestream has requested that the City grant an option to lease the Lease Space, for a two-year period, in exchange for the provision and installation of the above-described pole at Voicestream's sole expense,during which option term Sprint would undertake the necessary site survey and investigation; and WHEREAS, staff has negotiated with Voicestream proposed lease terms providing for an initial term of five(5)years,with three 5-year options to renew plus a final renewal period to expire on March 8, 2023; and WHEREAS,staff has prepared an Option and Lease Agreement including provisions for the term of the lease, together with other conditions for the lease, a draft of which is dated December 15, 2000, and is on file in the office of the City Clerk (the "Agreement"); and WHEREAS, the Agreement further provides that Voicestream shall pay lease payments at a rate of$12,000 per year for the initial lease term, said rate to be increased each renewal term by twenty percent(20%); and WHEREAS, the Agreement requires Voicestream to proceed in accordance with any applicable regulatory requirements or restrictions, including the City Land Use Code and building permit requirements; and WHEREAS, in order for Voicestream to install, operate and maintain the necessary equipment in connection with the Agreement, Voicestream has also requested that the City grant Voicestream access and utility easement rights on and under the Easement Property, for Voicestream's nonexclusive use in connection with the Agreement during the term of the Agreement; and WHEREAS,City staff has determined that the proposed installation and use by Voicestream of the Lease Space, along with the access and utility easement on and under the Easement Property is consistent with and will not conflict or interfere with the City's and the public's use of the North Ballfield; and WHEREAS,the financial benefits to the City of permitting the proposed use are substantial, and the impacts to the City of the same are minimal; and WHEREAS, under Section 23-114 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; and WHEREAS,Section 23-111 of the City Code provides that the Council is authorized to sell, convey or otherwise dispose of real property owned by the City, provided the Council first finds by ordinance that any sale or disposition of real property owned by the City is in the best interests of the City of Fort Collins. 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 Space,to Voicestream PCS II,as set forth in the Agreement,together with the associated grants of an access and utility easement over that certain adjacent City property described on Exhibit "A", also attached hereto and incorporated herein by this reference, are in the best interests of the City. Section 2. That the City Manager is hereby authorized to enter into the Agreement with Voicestream PCS lI for the option to lease and lease 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. Section 3. That the Mayor is hereby authorized to execute an Easement Agreement conveying to Voicestream non-exclusive access and utility easement rights on and under the Easement Property,as described on Exhibit"A",for the duration of the Agreement,which Easement Agreement shall be consistent with the terms hereof and with the Agreement, 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 Y"ished this 19th day of December, A.D. 2000, and to be presented for final passage on the_294day of January, A.D. 2001. 'Mayor _ ATTEST: c City Clerk Passed and adopted on final reading this 2nd day of January, AD. 2001. Mayor v df ATTEST: 11�1a� City Clerk EXHIBIT A (PAGE 1 OF 2) LOCATION OF PROPOSED EASEMENT AND ASSOCIATED EASEMENTS LOCATED IN THE SW• 1/4, SEC. 10, T 7 N, R 69 W OF THE 6TH P.IL, FORT COLLINS, COLORADO WEST MOUNTAIN AVE. (UNKNOWN WIDTH) I. I Na0 V07'W 181.62' I , I I I YI I I I ys�•w , \\�d \�d \\ \ 'eaLe®i' 3o' seou 31 E 177." coma suswinr� I 1 POINT Or BEawNu�O � uTIL [iNNT. 1NO 7w Ah1ERICAPI u SON9ULTNG AC' ROUP INC. OPODww OF me am ►yL `G"s GROUr� •�••� TO EXHIBIT A (PAGE 2 OF 2) EASEMENT AREA A 5 FOOT WIDE EASEMENT FOR UTILITY PURPOSES LOCATED IN THE SOUTHWEST QUARTER OF SECTION 10.-TOWNSHIP 7 NORTH,RANGE 69 WEST OF THE 6TH P.M..CITY OF FORT COLLINS,COUNTY OF LARIMM STATE OF COLORADO,SAID EASEMENT LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: THE BASIS OF BEARINO IS THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 10 BEING NORTH 000.00'00"EAST; COMMENCING AT A POINT WHENCE TIM SOUTHWEST CORNER OF SAID SECTION 10 BEARS SOUTH 52007'17"WEST A DISTANCE OF 2.725.16.FEET;THENCE NORTH 28117'00" WEST A DISTANCE OF 2.50 FEET;THENCE SOUTH 61°43'00"WEST A DISTANCE OF 30.52 FEET;THENCE SOUTH 38.05'08"WEST A DISTANCE OF 84.19 FEET TO THE POINT OF TERMINUS.THE SIDE LINES OF SAID EASEMENT TO BE SHORTENED OR LENGTHENED TO ELIMINATE GAPS AND OVERLAPS.