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Home My WebLink About014 - 02/17/1998 - AUTHORIZING AN OPTION TO LEASE, AND SUBSEQUENT LEASE, OF CITY-OWNED PROPERTY AT CITY PARK NORTH BALL ORDINANCE NO. 14, 1998 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 SPRINT SPECTRUM L.P., 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 a 1,200 square foot parcel more particularly described on the attached Exhibit"A" (the"Lease Property"),the property described on the attached Exhibit"B"(the"Utility Easement"),and the property described on the attached Exhibit "C" (the "Access and Utility Easement"); and WHEREAS,Sprint Spectrum,L.P.,doing business as Sprint PCS ("Sprint"),has approached City staff, seeking to lease the Lease Property for use as a personal communications service system facility; and WHEREAS, Sprint has requested that the City grant an option to lease the Lease Property, for an initial term of six (6)months, with one 6-month renewal, in exchange for a payment of$500, during which option term Sprint would undertake the necessary site survey and investigation; and WHEREAS, staff has negotiated with Sprint a proposed Lease Agreement,for an initial term of five(5)years,with four 5-year options to renew,pursuant to which Sprint has agreed to pay$950 per month, said rate to be increased every five (5) years by twenty percent(20%), to be signed by Sprint if it decides to proceed with the lease of the Lease Property from the City as proposed; and WHEREAS, the proposed Lease Agreement would require Sprint to purchase and install a new concrete monopole to replace the existing wooden ballfield light poles in the North Ballfield, and to attach to the monopole both the City's ballfield lights and the three(3)antenna arrays and one (1)global positioning system antenna,all in accordance with the development plans for the proposed antenna and equipment enclosure, as approved by the City Current Planning Department; and WHEREAS, in order for Sprint to install, operate and maintain the necessary equipment in connection with the Lease Agreement, Sprint has also requested that the City grant Sprint the Utility Easement and Access and Utility Easement, for Sprint's nonexclusive use in connection with the Lease Agreement during the term of the Lease Agreement; and WHEREAS, City staff has determined that the proposed installation and use by Sprint of the Lease Property, along with the Utility Easement and Access and Utility Easement, 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 Code of the City of Fort Collins, 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 City 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 Property, described on Exhibit"A",attached hereto and incorporated herein by this reference,to Sprint Spectrum L.P., as set forth in the Option Agreement dated January 28, 1998, which is on file in the Office of the City Clerk (the "Option Agreement"), together with the associated grants of a Utility Easement and Access and Utility Easement over those certain portions of adjacent City property, described on Exhibits `B" and Exhibit "C", respectively, 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 Option Agreement with Sprint for the Lease Property, consistent with the terms hereof, along with such other provisions as the City Manager, in consultation with the City Attorney, deems appropriate to protect the interests of the City. Section 3. That the City Manager is hereby authorized to execute an Easement Agreement conveying to Sprint a non-exclusive utility easement, as described on Exhibit`B", for the duration of the Lease Agreement,which Easement Agreement shall be consistent with the terms hereof and with the Lease Agreement, along with such other provisions as the City Manager, in consultation with the City Attorney, deems appropriate to protect the interests of the City. Section 4. That the City Manager is hereby authorized to execute an Easement Agreement conveying to Sprint a non-exclusive access and utility easement as described on Exhibit "C", for the duration of the Lease Agreement, which Easement Agreement shall be consistent with the terms hereof and with the Lease Agreement, along with such other provisions as the City Manager, in consultation with the City Attorney, deems appropriate to protect the interests of the City. Introduced, considered favorably on first reading, and o republished this ay f February, A.D. 1998, and to be presented for final passage ontlfe 17 day of Fe br A.D. 8. yor ATTEST: City Clerk Passed and adopted on final reading this 17th day of Fj bP , A.D. 19}$' S .. ��.,'�"�'` ; �.-C Jam•. -Mayor ATTEST: City Clerk ,` EXHIBIT A Parse! D-Qscription A parcel of land for lease 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 Larimer, State of Colorado, more particularly described as follows: BEGINNING at a point whence the Southwest comer of said Section 10 bears South 52000'54"West a distance of 2,695.58 feet;thence North 61'43'00"East a distance of 60.00 feet; thence South 28°1 Too,, East a distance of 20.00 feet; thence South 61°43'00" West a distance of 60.00 feet; thence North 280 17'00"West a distance of 20.00 feet to the POINT OF BEGINNING. Said parcel containing 1,200 square feet (0.03 acres) more or less. a Jo B. Guyton Colorado P.LS. #I 1 6 4 JL9 FSI3c'vNo. 98-30,646A President, Flatirons StFrftc,•g, Inc. V 5717 Arapahoe Road �%•.,, .,•Sv Boulder, CO 80303 '''i// "IL L at:L (303)443-7001 '/jlluuruuuv EXHIBIT B Easement Descr' inn 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 Larimer, State of Colorado, said easement lying 2.50 feet on each side of f' e following described centerline: COMMENCING at a pointwhence the Southwest comer of said Section 10 bears South 52000'54"West a distance of 2,695.58 feet;thence North 61°43'00" East a distance of 54.69 feet along the Northerly line of the lease parcel to the POINT OF BEGINNING; thence North 01*3751"West a distance of 89.24 feet;thence South 89°53'45"West a distance of 9.02 feet to a point on the East side of the Fort Collins Housing Authority Building and the point of terminus. The side lines of said easement to be shortened or lengthened so as to begin on the Northerly line of said lease parcel and terminate on said East side of the Fort Collins Housing Auth4,t?4(;;I5tajYjng. t\4` ma 443,. t q J . B. Guyton =n 4j:�;pat�e o Colorado P.L.S. #164oJ; FSG .lo. 98-30.646A President, Flatirons SurvjF{�7 5717 Arapahoe Road ��•�.�, :t t Aft 191D $: h 11nHttt u�5 Boulder, CO 80303 (303)443-7001 EXHIBIT C Easement Des 6p ion A 20 foot wide easement for utility and access 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 Larimer, State of Colorado, said easement lying 10.00 feet on each side of the following described centerline: COMMENCING at a point whence the Southwest comer of said Section 10 bears South 52°00'54"West a distance of 2,695.58 feet;thence South 28*17'00"East a distance of 20.00 feet along the Westerly line of the lease parcel;thence North 61°43'00"East a distance of 60.00 feet along the South line of said lease parcel;thence North 28°17'00"West a distance of 10.13 feet along the Easterly line of said lease parcel to.the POINT OF BEGINNING; thence North 70°48'33' East a distance of 62.26 feet; thence North 19'1 1'27"West a disrance of 108.37 feet;thence North 00`00'00" East a distance of 38.44 feet more or less to a point on the South Right-of-way line of West Mountain Avenue and the POI NT OF TERMINUS. The side lines of said easement to be shortened of lengthened so as to begin on the Easterly side and Easterly side extended North and to terminate on the South Right-of-way line of said West Mountain Avenue. 4Z" .••PUFF. G'Er,�f�: J B. Guyton =:�:k Colorado PLS. #Iy ,'•.• • �t b No. 98-30.646A President, Flatirons SuwN11r1tiII Sv;��` 5717 Arapahoe Road Boulder; CO 80303 (303)443-7001