HomeMy WebLinkAbout032 - 04/06/2010 - AUTHORIZING AN OPTION TO LEASE, AND A SUBSEQUENT LEASE OF, CITY-OWNED PROPERTY AT COLLINDALE GOLF CO ORDINANCE NO. 032, 2010
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN OPTION TO LEASE, AND A SUBSEQUENT LEASE OF,
CITY-OWNED PROPERTY AT COLLINDALE GOLF COURSE TO
CLEAR WIRELESS, LLC FOR THE INSTALLATION OF
A WIRELESS SERVICE TOWER AND RELATED EQUIPMENT, _
AND THE GRANT OF ASSOCIATED EASEMENTS
WHEREAS,the City is the owner of that certain parcel of real property described on Exhibit
"A", attached and incorporated herein by reference (the "Property"); and
WHEREAS, the Property is part of Collindale Golf Course; and
WHEREAS, Clear Wireless, LLC ("Clear Wireless") has asked the City to lease it 625
square feet of space on the Property (the "Lease Parcel") for the installation of a 50-foot wireless
service tower and related equipment to enhance its wireless service, and grant it a utility easement
and an access easement to serve the tower (the "Easements"); and
WHEREAS, the proposed Lease Parcel and Easements are described on Exhibit "B",
attached and incorporated herein by reference; and
WHEREAS, staff has worked with Clear Wireless on negotiating and preparing an option,
lease and easement agreement(the"Agreement"),a copy of which is on file in the office of the City
Clerk; and
WHEREAS, under the terms of the Agreement, Clear Wireless would receive a six-month
option to lease the Lease Parcel and acquire the Easements for a payment of$2,500 with one six-
month renewal period for an additional $2,500; and
WHEREAS, if Clear Wireless exercises the option, the Agreement would remain in effect
for an initial lease term of five years,with four additional,successive five-year renewal periods;and
WHEREAS, use of the Easements would be governed by the terms of the Agreement, and
would terminate when the lease of the Lease Parcel terminates; and
WHEREAS, the Agreement further provides that Clear Wireless shall make annual lease
payments to the City at a rate of$16,800 per year for the initial lease term, said rate to be increased
each renewal term by twenty percent; and
WHEREAS,the Agreement would allow Clear Wireless to sublease space to up to two sub-
tenants,including the right to partially assign its use of-the Easements,provided Clear Wireless pays
the City rent for each such sublease in the amount of$7,200 per year for the first five years of each
sublease, said rate to be increased by twenty percent for each additional five year period of a
sublease; and
WHEREAS, the Agreement requires Clear Wireless to proceed in accordance with any
applicable regulatory requirements or restrictions, including the City Land Use Code and building
permit requirements; and
WHEREAS, City staff has determined that the proposed installation and use by Clear
Wireless of its equipment on the Lease Parcel and use of the Easements on and under the Property
are 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 23-111(a)of the City Code authorizes the City Council to sell,convey
or otherwise dispose of any and all interests in real property owned by the City, provided that the
City Council first finds, by ordinance, that such sale or other disposition 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 Parcel to Clear Wireless, LLC , and the associated grant of a utility
easement and an access easement on and across the Property, all as described on Exhibit `B", on
terms and conditions consistent with this Ordinance, are in the best interests of the City.
Section 2. That the Mayor is hereby authorized to enter into the Agreement with Clear
Wireless, LLC for the option to lease and lease of the Lease Parcel and grant of the Easements, in
substantially the form as is on file in the office of the City Clerk,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 either of the Easements, as long as such changes do not materially increase the size or
change the character of the Lease Parcel or either Easement.
Introduced, considered favorably on first reading, and ordered published this 16th day of
March, A.D. 2010, and to be presented for final passage on the jay of April, A.D. 2010.
Mayor
ATTEST:
ia4L)�. - � a-!:
City Clerk
-2-
Passed and adopted on final reading on the 6th day o/f. ri , A.D. 2010./
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ATTEST: --
A
1,City Clerk
-3-
Exhibit A
PAREMT PARCEL DESCRIPTION:
The Northeast Quarter of tha Northwest Quarter end the Northwest Quaderof the NortheastQ uartertying Whstof the
Union PacffiC Rdmad Right of Way.Section31.Townbhr T.Ragge68.City of Fort Calln%Lorimar County,
Colorado.
I
EXIIIBIT B
LEASE AREA DESCRIPTION:
That pan of the Northeast Quarter of the Northwest Querterand the NarthHest Qusrlerof the Northeast Quarter lying
Wastof the Union Pacific Railroad Right of Way,Section 31,Tawnship 7,Range 68,City of Fort Collins,Latimer
County,Colorado described as follows:
Referring to the Noril vast comer of sold Section 31,an aluminum cap found for comer,thence easterly N 69162'321E
on the North gne of the Northwest Quarter of Section 31,1623.00 feet thence soulhedy 3 00'07'28"E,11214,28 feet,
to the true Paint of Beginning for the described Lease Area;thence following the pedmefarof the Lease Area onthe
following bearings and distances: S 84'1913"E,26.00 feel;thence 9 05.4047"%26.00 iset thence N 84018'13"W,
26.00 fe et;thence N 05'40'47'E,25.00 feet,to the true Point of Beginning. ContaInIng a totes calculated area of 625
Square feet,mere or leas.
ACCESS EASEMENT DESCRIPTION:
An Access Easement,15 feet In width,located In that pan of the Northeast Quarter of the Wrtimast Quarter and tho
Northwest Quarter of the Northeast Quarter lying West of the Union Pacific Railroad Bight of Way,Section 31.
Township 7,Range 68,City of Port Collins,Latimer County,Colorado the center line desaribed as follows:
Referring to the Southeast comer of the described Lease Area;thence westerly N BMW W.7.60 feet,•to the true
Point of Beginning for the center one of the described easement;thence southerly 3 t16'40'47'W.19.43 feet;thence
westerly N 90'00'00'W,164.72 feet,to the Paint of Termination for the center Una of the described easement
UTILITY EASEMENT DESCRIPTION:
A L4114 Easement,4 feet In width,located In that part of the Northeast Quarter of the No tthwastQuarterand the
Northwest Quarter of the Northeast Quarter tying West of the Union Pacific Ralfroad Right of Way.Section 31,
Township 7.Range 68,City of Fort Collins,Lorimer County,Colorado the centerfhte described as follows:
Referring to the Northeast tamer of the described Lease Area;thence westerly N 84'1913"W,12 50 feat to the two
Point of Beginning for the center line of the described easement thence notihedy N 05'4U47'E,8.00 feel:thence
westerly N 84'19113"W,128.43 feel;thence northwesterly N 45'4175"W,101.49 feet;thence northerly N 00.00'00"
W.9.53 feet,to a point of intersection with an existing tnensfonne,also burg the Potntof Terminaffon lbrthe center
line of the described easement