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Home My WebLink About098 - 09/20/2005 - AUTHORIZING AN OPTION TO LEASE, AND A SUBSEQUENT LEASE OF, CITY-OWNED PROPERTY AT CITY PARK NORTH BA ORDINANCE NO. 098, 2005 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 NEW CINGULAR WIRELESS PCS, LLC, FOR THE LOCATION OF ANTENNA EQUIPMENT AND RELATED FACILITIES, ALONG WITH AN ASSOCIATED EASEMENT WHEREAS, the City is the owner of that certain parcel of real property known as the City Park North Ballfield'(the "Property"); and WHEREAS, New Cingular Wireless PCS, LLC, ("Cingular") has approached City staff, seeking to lease ground space and space on a pole owned by the City on the Property (the "Lease Space"), as described and shown on attached Exhibit "A", for an antenna and related equipment to enhance its cellular phone service; and WHEREAS, staff has negotiated with Cricket a six-month option to lease the Lease Space for a payment of $2,000 with one six-month renewal period, and proposed lease terms providing for an initial term of five years, with two 5-year options to renew plus a final renewal period to expire on March 8, 2023; and WHEREAS, staff has worked with Cingular on negotiating and preparing an Option and Structure Lease Agreement including provisions for the term of the lease, together with other conditions for the lease, a draft of which is on file in the office of the City Clerk (the "Agreement"); and WHEREAS, the Agreement further provides that Cingular shall make lease payments to the City 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 Cingular to proceed in accordance with any applicable City regulations, policies and requirements; and WHEREAS, in order for Cingular to install, operate and maintain the necessary equipment in connection with the Agreement, Cingular has also requested that the City grant Cingular a five-foot wide utility easement on and under the Property, for Cingular's nonexclusive use in connection with the Agreement during the term of the Agreement; and WHEREAS, use of the proposed utility easement would be governed by the terms of the Agreement, and would terminate when the lease terminates; and WHEREAS, City staff has determined that the proposed installation and use by Cricket of the Lease Space, along with the utility easement on and under the Property is consistent with and will not conflict or interfere with the City's and the public's use of the Property; 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, the Council has previously approved similar leases for Sprint Spectrum L.P., VoiceStream PCS II Corp. (now T-Mobile) and Cricket Colorado Property Company in the same area for similar purposes; 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. 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 Cingular Wireless PCS, LLC, as set forth in the Agreement, together with the associated grant of a utility easement over that certain City property described on Exhibit "A", attached hereto and incorporated herein by this reference, are in the best interests of the City. Section 2. That the Mayor is hereby authorized to enter into the Agreement with Cingular Wireless PCS, LLC, for the option to lease and lease of the Lease 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 Cingular Wireless PCS, LLC, non-exclusive utility easement rights on and under the 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, ordered published this 6th day of September, A.D. 2005, and to be presented for final pa ag on the 20th Zofo er, A.D. 2005. AT EST: Mayor \ City Clerk IQJ Passed and adopted on final reading this 20th day of September, A.D. 2005. Mayo ATTEST: City Clerk EXHIBIT "A" PROPERTY DESMPTION—LEASE AREA: A LEASE PARCEL LOCATED IN THE SW1/4 OF SECTION 10, T7N, R69W OF THE SIXTH P.M.. COUNTY OF LARIMER. STATE OF COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE BASIS OF BEARING IS THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 10 BEING NORTH 00'26149" EAST; BEGINNING AT A POINT WHENCE THE SOUTHWEST CORNER OF SAID SECTION 10 BEARS SOUTH 5210'24" WEST A DISTANCE OF 2.656.72 FEET; THENCE N54005'56"E A DISTANCE OF 22.00 FEET; THENCE S35'548040E A DISTANCE OF 11.00 FEET; THENCE S54'05'56"W A DISTANCE OF 22.00 FEET; THENCE N35454'040W A DISTANCE OF 11.00 FEET TO THE POINT OF BEGINNING OF THIS LEASE PARCEL THIS PARCEL CONTAINS 242.00 SO. FEET, MORE OR LESS. PROPOSED 5' u nuTY EASEMENT.. AN EASEMENT 5.00 FEET IN WIDTH CROSSING A PART OF THE SW/4 OF SECTIOtl 10, T7N, R69W OF THE 6th P.M., COUNTY OF LARIMER, STATE OF COLORADO, SAID EASEMENT BEING 2.50 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBEI CENTERLINE. SIDELINES TO BE EXTENDED OR SHORTENED TO ELIMINATE GAPS AND OVERLAPS. COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LEASE AREA; THENCE N54*05'560E ALONG THE NORTH LINE OF SAID LEASE AREA A DISTANCE OF 4.50 FEET TO THE POINT OF BEGINNING OF THIS EASEMENT DESCRIPTION; THENCE N35454'04"W A DISTANCE OF 18.27 FEET; THENCE N3912'23"E A DISTANCE OF 115.27 FEET; THENCE NO0'00'00"W A DISTANCE OF 23.50 FEET TO THE POINT OF TERMINUS OF THIS EASEMENT DESCRIPTION. d; p ul; IsE'E! �Is {�aE9 lk�� eNRND�$ 42� z 8ya$�vc�A�ddS;�� 4v�,ae�E3•�d��! I= :a ° of � �� a da}�gIg� R4,oa�1 5 q5 0g �Ay¢4994P9d� aA"J� 4 V,� ♦ \ ® ? g 2 ■■Q 9 °:� S MIN a5 gg a e. 35. A f i ® QQyy A g R L�f-f�4e4gi d�sa] e954 A gga - :! c 7F= RFlSR A � F�k BPN� y� $X1 • 1. 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