HomeMy WebLinkAbout121 - 12/21/2010 - AUTHORIZING AN OPTION TO LEASE, AND A SUBSEQUENT LEASE OF, CITY-OWNED PROPERTY AT CITY PARK BALL FIE ORDINANCE NO. 121, 2010
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN OPTION TO LEASE, AND A SUBSEQUENT LE E OF,
CITY-OWNED PROPERTY AT CITY PARK BALL FIELDS O
OPEN RANGE COMMUNICATIONS, INC. TO COLLOCATE AN TENNA ON
AN EXISTING MONOPOLE AND INSTALL RELATED EQUIPMEN , AND THE GRANT
OF ASSOCIATED EASEMENTS
WHEREAS, the City is the owner of a pa/and
nd locat d in the Southwest Quarter of
Section Ten (10), Township Seven North (T.7N) Sixty- me West (R69W), City of Fort
Collins,County of Larimer, State of Colorado comnow s City Park Ball Fields, 137 South
Bryan Avenue, Fort Collins, Colorado, (the "Propd
WHEREAS,Open Range Communicationpen Range")has asked the City to lease
to Open Range 64 square feet of space on the Prlus space on an existing monopole (the
"Lease Parcel") for the installation of a wireless ccation antenna and related equipment to
enhance its wireless internet service, and grant it asement and an access easement to serve
the antenna and equipment (the "Easements"); an
WHEREAS, the proposed Lease Par el and Easements are described on Exhibit "A",
attached and incorporated herein by referent and and
WHEREAS, City staf/wor with Open Range to negotiate and prepare an option,
lease and easement agreement ent"), a copy of which is on file in the office of the City
Clerk; and
WHEREAS, under the Agreement, Open Range would receive a six-month
option to lease the Lease Parc the Easements for a payment of$2,500 with one six-
month renewal period for ana00; and
WHEREAS, if Open Range 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, se of the Easements would be governed by the terms of the Agreement, and
would terminate w n the lease of the Lease Parcel terminates; and
WHE AS, the Agreement further provides that Open Range shall make annual lease
payments to t e City at a rate of$16,800 per year for the initial lease term, with that rate to be
increased ea renewal term by twenty percent (20%); and
W EREAS,the Agreement requires Open Range to comply with any applicable regulatory
require ents or restrictions, including the City Land Use Code and building permit requirements;
and
WITHDRAWN ON SECOND READING
12/21/10
WHEREAS,City staff believes that the proposed installation of the antenna and use by Open
Range 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 further believes that the financial benefits to the City of pe ing
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 Counc' o sell, convey
or otherwise dispose of any and all interests in real property owned by the Cit , provided that the
City Council first finds, by ordinance, that such sale or other disposition is ' the best interests of
the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CO UN L OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby deter roes that the option to lease and the
subsequent lease of the Lease Parcel to Open Range Com uni cations,Inc.,and the associated grant
of a utility easement and an access easement on and ac ss the Property, all as described on Exhibit
"A", on terms and conditions consistent with this O dinance, are in the best interests of the City.
Section 2. That the Mayor is hereb authorized to enter into the Agreement with Open
Range Communications, Inc. for the option lease and lease of the Lease Parcel and grant of the
Easements, in substantially the form as is file in the office of the City Clerk, together with such
additional terms and conditions as th City Manager, in consultation with the City Attorney,
determines to be necessary or appr riate to protect the interests of the City or effectuate the
purposes of this Ordinance, incl ing but not limited to any necessary changes to the legal
description of the Lease Parcel o ither of the Easements, as long as such changes do no materially
increase the size or change th haracter of the Lease Parcel or either Easements.
Introduced, consi red favorably on first reading, and ordered published this 16th day of
November, A.D. 2010, nd to be presented for final passage on the 21st day of December, A.D.
2010.
Mayor
ATTEST:
Chief eputy City Clerk
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Passed and adopted on final reading on the 21 st day of December, A.D. 10.
Mayor
ATTEST:
City Clerk
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