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Home My WebLink About163 - 11/20/2001 - AUTHORIZING AN OPTION TO LEASE CITY-OWNED PROPERTY AT CITY PARK NORTH BALLFIELD TO CRICKET COLORADO ORDINANCE NO. 163, 2001 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 CRICKET COLORADO PROPERTY COMPANY, FOR THE LOCATION OF ANTENNA EQUIPMENT AND RELATED FACILITIES, 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, Cricket Colorado Property Company, a division of Cricket Communication ("Cricket") has approached City staff, seeking to lease space on a pole owned by the City at the North Ballfield (the "Lease Space") for an antenna and related equipment to enhance its cellular phone service; and WHEREAS, staff has negotiated with Cricket a proposed option to lease for a six-month period 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 three 5-year options to renew plus a final renewal period to expire on March 8, 2023; and WHEREAS, staff has prepared a Site Lease with Option Agreement including provisions for the term of the lease, together with other conditions for the lease, a draft of which is dated November 2, 2001, and is on file in the office of the City Clerk (the "Agreement"); and WHEREAS, the Agreement further provides that Cricket 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 Cricket 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 Cricket to install, operate and maintain the necessary equipment in connection with the Agreement, Cricket has also requested that the City grant Cricket access and utility easement rights on and under the Easement Property, for Cricket'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 Cricket 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, the Council has previously approved similar leases for Sprint Spectrum L.P. and VoiceStream PCS II Corp. 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 IN 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 Cricket Colorado Property Company 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 Mayor is hereby authorized to enter into the Agreement with Cricket Colorado Property Company for the option to lease and lease of the Lease Space, consistent with the terns 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 Cricket Colorado Property Company 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 published this 6th day of November, A.D. 2001, and to be presented for final passage on the 20th day of November, A.D. 2001. Mayor y ATTEST: S City Clerk Passed and adopted on final reading this 20th day of November, A.D. 2001. 0'00-��Zi ayor -= ATTEST: AA City Clerk "EXHIBIT A" LEASE AREA BEING A TELECOMMUNICATION LEASE PARCEL,LOCATED WITHIN THE SOUTHWEST ONE QUARTER OF SECTION 10,TOWNSHIP 7 NORTH,RANGE 69 WEST OF THE 6TH P.M. IN THE CITY OF FORT COLLINS, LARIMER COUNTY, STATE OF COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 69 WEST, 6"'P.M.; THENCE N61'20'22W,A DISTANCE OF 3576.95 FEET TO THE POINT OF BEGINNING; THENCE S67°31'24"W, A DISTANCE OF 20.14 FEET; THENCE N29°09'33"W, A DISTANCE OF 19.69 FEET; THENCE N61`38'53"E, A DISTANCE OF17.29 FEET TO POINT "A"; THENCE CONTINUING N61"38'53"E, A DISTANCE OF 2.71 FEET; THENCE S 29°09'33"E,A DISTANCE OF 10.81 FEET TO POINT"B";THENCE CONTINUING S 29°09'33"E, A DISTANCE OF 8.32 FEET TO POINT "C"; THENCE CONTINUING S 29°09'33"E, A DISTANCE OF 2.62 FEET TO THE POINT OF BEGINNING. CONTAINING 414.3 SQUARE FEET MORE OR LESS. BASIS OF BEARINGS: BEARINGS ARE BASED UPON THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SECTION 10, TOWNSHIP 7 SOUTH, RANGE 69 WEST, 6 H P.M. BEING N 013'08"E. UTILITY/ACCESS EASEMENTS STRIP ONE (UTILITY EASEMENT) BEING A STRIP OF LAND 5.00 FEET WIDE LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT POINT"A"DESCRIBED ABOVE;THENCE N 5°20'40"W,A DISTANCE OF 79.36 FEET TO THE END OF STRIPE ONE. STRIP TWO (ACCESS EASEMENT) BEING A STRIP OF LAND 12.00 FEET WIDE LYING 6.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT POINT "B" DESCRIBED ABOVE; THENCE N 68°21'37E,A DISTANCE OF 68.76 FEET; THENCE N 21°38'23"W, A DISTANCE OF 88.80 FEET; THENCE N 8'47'24"W, A DISTANCE OF 69.00 FEET MORE OR LESS TO THE SOUTH RIGHT OF WAY ON MOUNTAIN AVENUE AND THE END OF STRIP TWO. STRIP THREE (UTILITY EASEMENT) BEING A STRIP OF LAND 5.00 FEET WIDE LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT POINT"C"DESCRIBED ABOVE;THENCE N 72°31'49"E,A DISTANCE OF 32.90 FEET; THENCE S 66'08'34"E, A DISTANCE OF 149.51 FEET TO THE END OF STRIP THREE. CC C! r A g9 LL ¢III} I � J R � v D Ilt kj 0 ME • 4 ; p v�`i °m i 1X u j W D c BBYpN sego III \\\\ E � 5� 1 ••�•y, I,( k e F y:. d � ° .1 • ., c � a R • 1 ,t z i55i • C � e � 1 k tQE s sm sf r5 AE 1, g € i? piil d;e �LL pp o o it 5q aa� {i� A Ez sR-1 rCM iV• E � _ V 1 �� J Iw x��wu .�'y «. 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