HomeMy WebLinkAbout120 - 12/21/2010 - AUTHORIZING AN OPTION TO LEASE, AND A SUBSEQUENT LEASE 0F CITY-OWNED PROPERTY AT SOUTHRIDGE GREENS G ORDINANCE NO. 120, 2010 •
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN OPTION TO LEASE, AND A SUBSEQUENT LEASE 0 ,
CITY-OWNED PROPERTY AT SOUTHRIDGE GREENS GOLF COURS 0
NEW CINGULAR WIRELESS PCS, LLC FOR THE INSTALLATIO F
A TELECOMMUNICATION MONOPINE TOWER AND RELATED E IPMENT,
AND THE GRANT OF ASSOCIATED EASEMENTS
WHEREAS, the City is the owner of that certain parcel of real operty described as Tract
A, Southridge Golf Course, City of Fort Collins, County of Latimer tate of Colorado, EXCEPT
that portion set forth in First Replat of a Portion of Tract A, Southri e Golf Course,Recorded May
19, 1992 at Reception No. 92027686 (the "Property"); and
WHEREAS, New Cingular Wireless PCS, LLC (" T&T") has asked the City to lease to
AT&T 700 square feet of space on the Property(the"Le e Parcel")for the installation of a 50-foot
"monopine" (a wireless service tower designed to to like a pine tree) and related equipment to
enhance its wireless service, and to grant it a utility sement and an access and utility easement to
serve the tower (the "Easements"); and
WHEREAS, the proposed Lease P cel and Easements are described on Exhibit "A",
attached and incorporated herein by refere ce; and
WHEREAS, staff has worke ith AT&T to negotiate and prepare an option, lease and
easement agreement(the"Agreeme ),a copy of which is on file in the office of the City Clerk;and
WHEREAS,under the t ms of the Agreement,AT&T would receive asix-month option to
lease the Lease Parcel and a quire the. Easements for a payment of $2,500 with one six-month
renewal period for an addi ' nal $2,500; and
WHEREAS, if T&T exercises the option, the Agreement would remain in effect for an
initial lease term of ve years, with four additional, successive five-year renewal periods; and
'HE S, use of the Easements would be governed by the terms of the Agreement, and
would termin e when the lease of the Lease Parcel terminates; and
W EREAS, the Agreement further provides that AT&T shall make annual lease payments
to the ty at a rate of$16,800 per year for the initial lease term, said rate to be increased each
renew 1 term by twenty percent; and
WHEREAS,the Agreement would allow AT&T to sublease space to up to two sub-tenants,
i cluding the right to partially assign its use of the Easements, provided AT&T pays the City rent
or each such sublease in the amount of$7,200 per year for the first five years of each sublease,with
WITHDRAWN ON SECOND READING
12/21/10
that rate to be increased by twenty percent for each additional five year period of a sublease nd
WHEREAS, the Agreement requires AT&T to comply with any applicable regulatory
requirements or restrictions, including the City Land Use Code and building per It requirements;
and
WHEREAS, City staff believes that the proposed installation and use by AT&T 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/se of the Property; and
WHEREAS, City staff further believes that the financial) benefits to the City of permitting
the proposed use are substantial, and the impacts to the City as c 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 pro,erty owned by the City, provided that the
City Council first finds,by ordinance,that such sale or ther disposition is in the best interests of the
City.
NOW, THEREFORE, BE IT ORDAIN D BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Co ncil hereby determines that the option to lease and the
subsequent lease of the Lease Parcel t Cingular Wireless PCS, LLC, and the associated grant of a
utility easement and an access and u ity easement on and across the Property, all as described on
Exhibit"A", on terms and conditio s consistent with this Ordinance, are in the best interests of the
City.
Section 2. Tha/pti�on
or is hereby authorized to enter into the Agreement with Cingular
Wireless PCS,LLC for theo lease and lease of the Lease Parcel and grant of the Easements,
in substantially the form s is on file in the office of the City Clerk, together with such additional
terms and conditions as he City Manager, in consultation with the City Attorney, determines to be
necessary or appropr' to to protect the interests of the City or effectuate the purposes of this
Ordinance, includin but not limited to any necessary changes to the legal description of the Lease
Parcel or either o the Easements, as long as such changes do not materially increase the size or
change the char ter of the Lease Parcel or either Easement.
Intro ced, considered favorably on first reading, and ordered published this 16th day of
/TS
D.2010,and to be presented for final passage on the 7th day of December,A.D.2010.
Mayor
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Chief Deputy City Clerk
Passed and adopted on final reading on the 7th day of December, A.D. 2010.
Mayor
ATTEST:
City Clerk
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