HomeMy WebLinkAbout042 - 04/19/2022 - AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO SITE LEASE WITH T-MOBILE WEST, LLC, OF CITY-OWNEDORDINANCE NO. 042, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO
SITE LEASE WITH T-MOBILE WEST, LLC, OF CITY -OWNED PROPERTY AT
CITY PARK NORTH BALLFIELD
WHEREAS, the City is the owner of that certain parcel of real property known as the City
Park North Ballfield (the "North Ballfield") located at 137 North Bryan Avenue, Fort Collins, CO
80521; and
WHEREAS, on January 2, 2001, the City Council adopted Ordinance No. 193, 2000,
authorizing the City to enter into an Option and Lease Agreement with Voicestream PCS II to
install a personal communications antenna array on a light pole that Voicestream would provide
at the North Ballfield, along with associated easements; and
WHEREAS, the City and Voicestream entered into a Site Lease with Option agreement
dated February 1, 2001, for an initial term of five years plus three five-year options to renew plus
a final renewal period to expire on March 8, 2023 ("Site Lease"); and
WHEREAS, T-Mobile West, LLC, ("T-Mobile") is Voicestream's successor in interest to
the Site Lease; and
WHEREAS, T-Mobile has requested that the City grant an extension of the Site Lease for
one additional five-year term starting on March 9, 2023, provided that T-Mobile may elect not to
renew by providing the City at least thirty days' notice prior to the commencement of the new
term; and
WHEREAS, staff has negotiated with T-Mobile proposed lease extension terms and has
prepared a First Amendment to Site Lease ("First Amendment") to extend the lease, together with
all necessary easements for access and utilities as were set forth in the Site 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 further provides that T-Mobile 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
(3%); and
WHEREAS, the financial benefits to the City of permitting T-Mobile'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; 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 extension of the term of
the Site Lease along with all necessary easements for access and utilities as set forth in the Site
Lease for one additional term of five years, is in the best interests of the City.
Section 2. That the City Council hereby authorizes the City Manager to enter into the
First Amendment to Site Lease with Option with T-Mobile West, 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 published this 5th day of
April, A.D. 2022, and to be presented for final passage or- 19th day of p 1, A.D. 2022.
. •
ATTEST:
City Clerk
Passed and adopted on final reading on thi
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City Clerk
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EXHIBIT A
DocuSign Envelope ID: A4088E5C-0001-490E-8D29-B870D2C8C675
FIRST AMENDMENT TO SITE LEASE WITH OPTION
This First Amendment to Site Lease with Option (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 T-Mobile West LLC, a Delaware limited
liability company ("Tenant") (each a "Party", or collectively, the "Parties").
Landlord and Tenant (or their predecessors -in -interest) entered into that certain Site
Lease with Option dated February 1, 2001 (the "Lease") regarding the leased premises
("Premises") located at 137 North Bryan Avenue, Fort Collins, CO 80521 (the "Property").
For good and valuable consideration, Landlord and Tenant agree as follows:
1. Commencing on March 9, 2023, the term of the Lease will automatically be extended for
one (1) additional and successive five (5) year term ("Renewal Term"), provided, that
Tenant may elect not to renew by providing Landlord at least thirty (30) days' notice prior
to the commencement of the Renewal Term.
At the commencement of the Renewal Term, provided for in this First Amendment,
Tenant shall pay Landlord Twenty Four Thousand and No/100 Dollars ($24,000.00) per
year as Rent, partial calendar year to be prorated in advance, by the fifth (51") day of
each calendar year. Thereafter, notwithstanding anything to the contrary in the Lease,
the Rent will escalate by three percent (3%) of the rent payable for the previous year on
March 9, 2024 and each anniversary thereafter. Where duplicate Rent would occur, a
credit shall be taken by Tenant for any prepayment of duplicate Rent by Tenant.
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 one hundred fifty percent (150%)
of the last current monthly rent, plus the three percent annual (3%) escalator as
applicable, prorated and paid monthly on the first day of each month.
2. All notices, requests, demands and other communications 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 from time to time designate any other address for this purpose by
providing written notice to the other Party.
If to Tenant:
T-Mobile USA, Inc.
12920 SE 38th Street
Bellevue, WA 98006
Attn: Lease Compliance/ Site DN03245A
If to Landlord:
City of Fort Collins, Colorado
413 S. Bryan Avenue
Fort Collins, CO 80521
Attn: Director of Parks
1
TMO Site ID: DN03245A 6/29/20
TMO Lease ID: 79407
DN03245A NLG-47533 AMD 79407
DocuSign Envelope ID: A4088E5C-0001-490E-8D29-B870D2C8C675
EXHIBIT A
With a copy to:
City of Fort Collins, Colorado
300 Laporte Avenue, Building B
Fort Collins, CO 80521
Attn: Real Estate Service Manager
3. 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.
4. 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.
5. 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.
6. 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.
7. Each of the Parties represents and warrants that it has the right, power, legal capacity and
authority to enter into and perform its respective obligations under this 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. If Landlord is represented by any property manager, broker or any other
leasing agent ("Agent"), then (a) Landlord is solely responsible for all commission, fees or
other payment to Agent and (b) Landlord shall not impose any fees on Tenant to
compensate or reimburse Landlord for the use of Agent, including any such commissions,
fees or other payments arising from negotiating or entering into this First Amendment or
any future amendment.
8. 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.
SIGNATURES ON FOLLOWING PAGE
2
TMO Site ID: DN03245A 6/29/20
TMO Lease ID: 79407
EXHIBIT A
DocuSign Envelope ID: A4088E5C-0001-490E-8D29-B870D2C8C675
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: Interim City Manager
TENANT:
T-Mobile West LLC,
a Delaware limited liability company
1DocuSigned by:
9AB7AD2234F304F3
Print Name: Brandon Griffiths
Title: Sr.Manager, Technology Sourcing
Date: Date: 2/7/2022
EPE
. ayi>°O �•4
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Erica Mateen DD,9""'9ago,"`dev""a2,,:z4z�-osoo "'�"`°Approved
T-Mobile legal approval as to form �� m
ATTEST:
TMO Signatory Level: L07/SL07
By:
Print Name: Tammi Pusheck
Title: Interim City Clerk
APPROVED AS TO FORM:
By:
Ingrid Decker
Print Name:
Title: Assistant City Attorney
3
TMO Site ID: DN03245A
TMO Lease ID: 79407
DN03245A NLG-47533 AMD 79407
6/29/20