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HomeMy WebLinkAboutOrdinance 1625CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER URBAN COUNCIL BILL NO. 13 ORDINANCE NO. 1625 Series 2017 TITLE: AN ORDINANCE APPROVING A LEASE WITH VERIZON WIRELESS FOR PLACEMENT OF A CELLULAR ANTENNA FACILITY ON THE WHEAT RIDGE RECREATION CENTER WHEREAS, the City of Wheat Ridge, Colorado is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution and governed by its elected City Council; and WHEREAS, the City Council has authority to approve leases for uses of City property; and WHEREAS, the Council wishes to approve a lease with Verizon Wireless for the placement of a cellular antenna facility on the Wheat Ridge Recreation Center building, subject to terms and conditions of said lease; and WHEREAS, the Jefferson County Open Space Commission and the Jefferson County Board of County Commissioners have approved the subordination of the Jefferson County right of reverter based upon use of Open Space funds to initially acquire the Recreation Center property, thereby clearing the necessary precondition to approval of the lease. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Lease approved. The iease between the City of Wheat Ridge and Verizon Wireless (VAW), LLC d/b/a Verizon Wireless, a memorandum of which is attached hereto as Exhibit A, is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same, in form approved by the City Attorney. Section 2. Effective date. This Ordinance shall take effect upon adoption and signature by the Mayor, as permitted by Section 5. 11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on this 25th day of June, 2017, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for July 10, 2017 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _6_ to _0_, this lOth day of July , 2017. SIGNED by the Mayor on this 10th day ot _Ju_l_Y ___ , 2017. ATTEST: nelle Shaver, City Clerk First Publication: June 29, 2017 Second Publication: July 13, 2011 Wheat Ridge TranscriP.t Effective Date: July 10• 2017 Published: Gerald E. Dahl, City Attorney Wheat Ridge Transcript and www.ci.wheatridge.co.us EXHIBIT A MEMORANDUM OF LEASE RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Sherman & Howard L.L.C. 633 17th Street, Suite 3000 Denver, Colorado 80202 Attn: Eileen Lynch Re: DEN Liam/ 309715 (Space above this line for recorder's use) MEMORANDUM OF LAND AND ROOFTOP LEASE AGREEMENT This Memorandum of LAND AND ROOFTOP LEASE AGREEMENT is made as of the date of full execution, between the City of Wheat Ridge, Colorado, with its principal offices located at 7500 W. 29th Avenue, Wheat Ridge, Colorado 80033 hereinafter designated "Landlord" and Verizon Wireless (VA W) LLC d/b/a Verizon Wireless, with offices located at 180 Washington Valley Road, Bedminster, New Jersey 07921, hereinafter referred to as "Tenant." Landlord and Tenant are at times collectively referred to hereinafter as the "Parties" or individually as a "Party." 1. Landlord and Tenant entered into a Land and Rooftop Lease Agreement (the "Agreement") on ~~ / O , 20 _fffor an initial term of five (5) years, commencing on .the Co encement Date (as defined below). The Agreement shall automatically be extended for 3 additional 5-year terms unless the Tenant or the Landlord terminate it pursuant to the terms of the Agreement. 2. Landlord leased to Tenant approximately 240 square feet of ground space (the "Ground Space") and approximately 1,325 square feet of rooftop space as shown on the site plan attached as Exhibit B (the "Rooftop Space") of the building (the "Building") located at 4005 Kipling Street, Wheat Ridge, Colorado 80033, the underlying real property of which is legally described in Exhibit "A" attached hereto and made a part hereof (the Building and such real property are hereinafter sometimes collectively referred to as the "Property"), for the installation, operation and maintenance of communications equipment, including Tenant's antennas; together with such additional space on the Building and on the roof of the Building as reasonably necessary for the installation, operation and maintenance of wires, cables, conduits and pipes (the "Cabling Space") running between and among the Ground Space and Rooftop Space and to all necessary electrical and telephone utility sources located on the Building; together with the non-exclusive right (the "Access Rights") of ingress and egress from a public right-of-way, seven (7) days a week, twenty four (24) hours a day to access the Ground Space, Cabling Space, and Rooftop Space (su~ject to limited Building access discussed in the Agreement) for the purpose of installation, operation and maintenance of Tenant's communications facility. The Ground Space, Rooftop Space, Cabling Space and Access Rights are hereinafter collectively referred to as the "Premises" and are as shown on Exhibit "B" attached hereto and made a part hereof. DEN Liam/309715 Active/45513398. l 3. The Commencement Date of the Agreement, of which this is a Memorandum, is based upon the date Tenant is granted a building permit by the governmental agency charged with issuing such permits, or the date of execution of the Agreement by the Parties, whichever is later. 4. If Landlord elects, during the initial term and all renewal terms of the Agreement, to grant to a third party by easement or other legal instrument an interest in and to the Premises, for the purpose of operating and maintaining communications facilities or the management thereof, with or without an assignment of the Agreement to such third party, Tenant shall have the right of first refusal to meet any bona fide offer of sale or transfer on the same terms and conditions of such offer. 5. The terms, covenants and provisions of the Agreement, the terms of which are hereby incorporated by reference into this Memorandum, shall extend to and be binding upon the respective executors, administrators, heirs, successors and assigns of Landlord and Tenant. DEN Liam/309715 Active/45513398. l Signatures on following page 2 IN WITNESS WHEREOF, LANDLORD and TENANT have caused this Memorandum to be duly executed on the date of full execution. DEN Liam/309715 Active/45513398. l LANDLORD: By: Name: rf2..J,..!C.~OJ._ Title: Mayor 1 J ~ /t , Date: , ATTEST: Janelle Shaver, City Clerk Gerald Dahl, City Attorney TENANT: Verizon Wireless (VA W) LLC d/b/a Verizon Wireless By: Title: Date: 3 STATE OF COLORADO COUNTY OKJe fR_r~~ n ) ) ) ACKNOWLEDGEMENT I, o.: ~~t. t.~4"M..-, a Notary Public for said County and State, do hereby certify that Joyce Jay personally came before me this day and acknowledged that she is the Mayor of The City of Wheat Ridge, and she, being authorized to do so, executed the foregoing MEMORANDUM OF LAND AND ROOFTOP LEASE AGREEMENT as her own act and deed on behalf of The City of Wheat Ridge. My Commission Expires: JAYMESUE MCRIMMON NOTARY PUBLIC STATE OF COLORADO I' NOTARY ID# 20154009457 MY COMMISSION EXPIRES MARCH 06. 20~1 . ~~~;;;;;;;;:;;=;;;;;;;;;.;-· ....p')o.te.h \cl .~\C\ STATE OF ------- COUNTY OF --------) ) ) ACKNOWLEDGEMENT I, --------·' a Notary Public for said County and State, do hereby certify that ________ _.ersonally came before me this day and acknowledged that they are the ________ of Verizon Wireless (VA W) LLC d/b/a Verizon Wireless, and they, being authorized to do so, executed the foregoing MEMORANDUM OF LAND AND ROOFTOP LEASE AGREEMENT as their own act and deed on behalf of Verizon Wireless (VA W) LLC d/b/a Verizon Wireless. WITNESS my hand and official Notarial Seal, this_ day of ________ _, 20 My Commission Expires: DEN Liam/309715 Active/45513398.1 Notary Public 4 EXHIBIT "A" DESCRIPTION OF PROPERTY SITUATED IN THE COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: APN: 203666 PARCEL A: A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 21, WHENCE THE SOUTHEAST CORNER THEREOF BEARS S00°04'58"E, A DISTANCE OF 1315.13 FEET; THENCE S89°24'00'W, ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 21, A DISTANCE OF 40.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF KIPLING STREET; THENCE S00°04'58"E, ALONG THE SAID WEST RIGHT-OF-WAY OF KIPLING STREET, A DISTANCE OF 30.59 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST RIGHT-OF-WAY OF KIPLING STREET THE FOLLOWING THREE (3) COURSES: S00°04'58"E, A DISTANCE OF 107.70 FEET; S89°24'00"W, A DISTANCE OF 10.00 FEET; S00°04'58"W, A DISTANCE OF 237.46 FEET; THENCE DEPARTING SAID WEST RIGHT-OF-WAY OF KIPLING STREET, N90°00'00"W A DISTANCE OF 178.57 FEET; THENCE S03°33'38"E, A DISTANCE OF 196.43 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 29°00'21", A RADIUS OF 50.00 FEET, AND AN ARC LENGTH OF 25.31 FEET TO A POINT OF TANGENT; THENCE ALONG SAID TANGENT S32°33'59"E, A DISTANCE OF 132.81 FEET; THENCE S51°57'45"W, A DISTANCE OF 34.51 FEET: THENCE N32°33'59"W A DISTANCE OF 118.69 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 49°29'42", A RADIUS OF 32.00 FEET, AND AN ARC LENGTH OF 27.64 FEET; THENCE N00°00'00"E, A DISTANCE OF 126.23 FEET; THENCE N05°12'16"W, A DISTANCE OF 52.78 FEET; THENCE N03°33'38"W, A DISTANCE OF 59.79 FEET; THENCE N90°00'00"W, A DISTANCE OF 377.06 FEET; THENCE N00°00'00"E, A DISTANCE OF 124.22 FEET; THENCE S90°00'00"E, A DISTANCE OF 428.17 FEET: THENCE N00°00'00"E, A DISTANCE OF 219.29 FEET; THENCE N89°24'00"E, A DISTANCE OF 167.70 FEET TO THE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO. PARCEL B: A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN. COUNTY OF JEFFERSON. STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 21, WHENCE THE SOUTHEAST CORNER THEREOF BEARS S00°04'58"E, A DISTANCE OF 1315.13 FEET; THENCE S89°24'00"W, ALONG THE NORTH OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 21, A DEN Liam/309715 Active/45513398. l 5 DISTANCE OF 40.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF KIPLING STREET; THENCE ALONG SAID WEST RIGHT-OF-WAY OF KIPLING STREET THE FOLLOWING THREE (3) COURSES S00°04'58"E, A DISTANCE OF 138.29 FEET S89°24'00"W, A DISTANCE OF 10.00 FEET S00°04'58"E, A DISTANCE OF 237.46 FEET THENCE DEPARTING SAID WEST RIGHT-OF-WAY LINE OF KIPLING STREET, N90°00'00"W, A DISTANCE OF 209.31 FEET TO THE POINT OF BEGINNING; THENCE S03°33'38"E, A DISTANCE OF 59.79 FEET; THENCE S05°12'16"E, A DISTANCE OF 52 .78 FEET; THENCE S00°00'00'W, A DISTANCE OF 195.18 FEET; THENCE N90°00'00'W, A DISTANCE OF 385.56 FEET; THENCE N00°00'00"E, A DISTANCE OF 307.40 FEET; THENCE S90°00'00"E, A DISTANCE OF 377.06 FEET TO THE POINT OF BEGINNING, COUNTY OF JEFFERSON, ST ATE OF COLORADO. APN: 203660 A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21 , TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 21, WHENCE THE SOUTHEAST CORNER THEREOF BEARS S.00°04'58"E., A DISTANCE OF 1315.13 FEET; THENCE S.89°24'00"W., ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 21, A DISTANCE OF 40.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF KIPLING STREET AND THE EASTERLY EXTENSION OF THE SOUTH BOUNDARY UNE OF GREEN VALLEY SUBDIVISION AS RECORDED IN BOOK 11 AT PAGE 34 IN THE JEFFERSON COUNTY RECORDS, ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING S.89°24'00'W., ALONG SAID EASTERLY EXTENSION AND SAID SOUTH BOUNDARY LINE, A DISTANCE OF 621.82 FEET TO THE NORTHEAST CORNER OF CAMBRIDGE PARK SUBDIVISION AS RECORDED IN BOOK 125 AT PAGES 39 THROUGH 41, IN JEFFERSON COUNTY RECORDS; THENCE S.00°08'23"E., ALONG THE EAST LINE OF SAID CAMBRIDGE PARK SUBDIVISION, A DISTANCE OF 1026.29 FEET TO A POINT ON THE BOUNDARY OF A PARCEL OF LAND RECORDED AT RECEPTION NO. 80076775 IN JEFFERSON COUNTY RECORDS; THENCE ALONG SAID BOUNDARY THE FOLLOWING TEN (10) COURSES: 1. N.58°51'37"E., A DISTANCE OF 32.00 FEET; 2. N.02°18'23"W., A DISTANCE OF 67.00 FEET; 3. N.47°41'37"E., A DISTANCE OF 47.00 FEET; 4. N.78°21'37"E., A DISTANCE OF 180.00 FEET; 5. N.50°11'37"E., A DISTANCE OF 53.00 FEET; 6. N.01°31'37'1E., A DISTANCE OF 74.00 FEET; 7. N.73°43'23"W., A DISTANCE OF 31.00 FEET; 8. N.27°58'09"E., A DISTANCE OF 63.68 FEET; 9. N.63°43'27"E., A DISTANCE OF 57.06 FEET; 10. S.00°06'41"E., A DISTANCE OF 35.30 FEET TO THE SOUTHEAST CORNER OF BLEVINS SUBDIVISION AS RECORDED IN BOOK 29 AT PAGE 23; THENCE N.63°22'33"E., ALONG THE SOUTH LINE OF SAID SUBDIVISION, A DISTANCE OF 313.59 FEET TO THE WEST RIGHT-OF-WAY LINE OF KIPLING STREET; THENCE N.00°04'58'W., ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 259.62 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WEST 40TH AVENUE; THENCE S.89°24'00"W., ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 280.75 FEET TO THE WEST LINE OF BLEVINS SUBDIVISION; THENCE N.00°06'41"W., ALONG SAID WEST LINE, A DISTANCE OF 50.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF SAID WEST 40TH AVENUE; DEN Liam/309715 Active/45513398.1 6 THENCE N.89°24'00"E., ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 280.78 FEET TO THE WEST RIGHT-OF-WAY LINE OF SAID KIPLING STREET; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE THE FOLLOWING THREE (3) COURSES: 1. N.00°04'58"W., A DISTANCE OF 130.01 FEET; 2. N.89°24'00"E., A DISTANCE OF 10.00 FEET; 3. N.00°04'58"W., A DISTANCE OF 138.29 FEET TO THE POINT OF BEGINNING. DEN Liam/309715 Active/45513398. l 7 DEN Liarn/309715 Active/45513398. l EXHIBIT "B" PREMISES (Attached) 8