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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./ ayqf 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