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.
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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.
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IN WITNESS WHEREOF, LANDLORD and TENANT have caused this Memorandum
to be duly executed on the date of full execution.
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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
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Notary Public
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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
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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;
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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.
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EXHIBIT "B"
PREMISES
(Attached)
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