HomeMy WebLinkAbout1991 Ordinance No. 044' .
I ORDINANCE NO . _!L_i_
SERIES OF 199 1
DY AUTH O RITY
COUNCIL DILL NO . 49
INTRODUCED BY COUNCIL
MEMBER CI..A YfON
AN ORDINANCE APPROVING A LEASE AGREEMENT BETWEEN THE
CITY OF ENGLEWOOD, COLORADO ; THE CITY OF LITTLETON,
COLORADO; AND RADIO PROPERTY VENTURES FOR THE DEMISE OF
PROPERTY SITUATED WITHIN THE BOUNDARIES OF THE BI -CITY
WASTEWATER T REATM ENT PLANT FOR THE PURPOSE OF RADIO
TRANSMISSION .
WHEREAS, Radio Property Ventures has reque s t ed continnalion of a
Lease Agreem ent for th e prop erty situated within the boundaries cf the Bi-
City Wastewater Treatment Plant for the purpose of radio transmission;
NOW THEREFORE, DE IT ORD AINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS :
~-The Lease Agreement between the City of Englewood,
Colorado; the City of Littleton, Colorado; and Radio Propert y Ventures is
hereby approved . The Lease Agree ment is attached hereto and
incorporated herein by reference .
~-The Mayor and City Cle.rk are authori ze d to sign and
attest said Lease Agreement for and on behalf of the City Council and the
City of Englew ood .
Introduced , read in full , a nd pass ed on fir s t read ing on the 1st
day of July, 1991.
Published as a Bill for an Ordin a nce on t he 4th d ay of July, 1991.
Read by ti t le a nd pa sse d on fin a l r ea ding on th e 15th day of July, 1991.
P ubli sh ed by t it le as Ord in a nce No. li, Se,i es of 199 1, on the 18th
day of J u ly, 199 1.
AT'l'EST:
I, Patricia H . Crow, City Clerk of the City of Englewood , Colo rad o,
hereby certify th a t th e above a nd foregoing is a true co py of the Ordinance
passed on final readin g and publi sh ed by titl e as Ordin a nc e No . _:/..fi_,
Series of 1991.
-2 -
•
1
I
LEASE AGREEMENT
THIS INDENTURE, made as of t he __ day of ~------
1991 , by and between the CITY OF ENGLEWOOD, COLORADO, a
muni cipal corporation, and CITY OF LITTLETON, a municipal
co rporati on , hereinafter call Les sor, and RADIO PROPERTY VENTURES,
a Mi sso uri gene ral pa rtn ership, her ein a ft er call ed Le sse e.
WiTNESSETH
That Lessor, for and in con sideration of the rent hereinafter specified
to be paid by Lessee and the covenants and agreements hereinafter
contained by the Lessee to be kept and performed, has demised, leased and
let unto said Lessee those certain premises in the City of Englewood, County
of Arapahoe, State of Colorado , described on Exhibit A and shown outlined
in red on the print marked Exhibit B, both of which exhibits are attached
hereto and by this reference incorporated herein for all purposes as if fully
set forth at length, to have and to hold under said Lessee on the following
terms and conditions:
1. Tuan. The term of this lease shall be fifteen (15) years
beginning on December 31 , 1992, or such earlier date as Lessor may deliver
possession of the premises to Lessee except as otherwise hereinafter
provided. Lessor shall notify Lessee at least 15 days in advance of said
commencement date .
2. &ntal. Lessee is presently the tenant under a Lease
Agreement dated June 5, 1981, between Lessor and Media Enterprises,
Inc ., affecting other prenrises (the Existing Lease). The parties her~by
agree that the Existing Lease shall terminate on the later of Decemb er 31 ,
1992, or twe lve months all.er commencemmt of the term of this le ase, or on
such earlier datr. as Lessee begins radio station operations from t he
premises hereunder with full and final FC ,J broadcast approval . Until the
Existing Lease. is term inated, no rent shall be due hereunder. From and
all.er terminati on of the Existing Le as e. rent shall be due hereunder at the
sam e rate as it wo uld hav e been du e und er the Existing Le ase h ad th e
Exi sting Lea se con t inued to the end of its term on Dec emb er 31 , 1994 (i.e.,
$8 50 .00 per month in 1991, $95 0.00 per month in 1992 and 1993, and $1 ,050.00
per mont h in 19 94 ). Rental shall be prora te d betw ee n th e Existi ng Lease
and this le ase as of the t ermin ation date of th e Existing Lease. In 1995, re nt
shal l be $1,100 .00 per month. As of th e fi rst day of 1996 an d each yea r
t herea!\,er , rent shal l be in cr eased t o $1,100.00 per month ) time s (ne w
CPI/o rigin al CP I), where th e "o rigi nal CP I" is the value of the U.S.
Bu rea u of S tandar · is Co nsum er P rice In dex for th e Denve r , Co lorado a rea
as of Ja nu ary 1, 1995, an d t he "new CP I"' is the valu e of that Ind ex as of th e
date for which it was mos t recen tl y pu blishe d at least one m0n th pri or to the
Jan ua ry l for wh ich t he calc ul ation mu st be made. Al l :~nt is due 'n
adv a nce on th e fir st day of eac h month.
3. ~-Said premises shall be used fo r r a dio tra nsmitter
buil ding, towers, a nd anc ill ary eq uipm ent (s uch as satellite se nding and
receiving equipment) for the purpose of sending and receivi ng radio
signa ls, and for broadcast studi os and office facilities, a ll in a manner
con sistent with op eration for a modem radio station, and for no other
purposes whatsoever without the written consent of Lessor being first had
and obtained.
4. Bui)ding and Improvements . Less ee may, at Le sse e's sole co st
and expense , make such changes, alter a tions or improvements , including
the further construction of buildings as may be necessary to fit said
prem ise s for such use, and all buildings, fixtures and improvements , of
every kind and nature whatever, installed by Lessee, shall remain the
prop erty of the Lessee who may remove the same upon the termination of
this lease, provided that such removal shall be done in such a manner as
not to injure or damage the demised premises, and provided further, that
should Lessee fail to remove such buildings, fixtures or improvements as
above provided , Lessor, at its option, may require Lessee to remove the
same. In the eve nt that said Lessee shall fail to remove said buildings,
fixtures and improvements after receipt of notice from lessor, Lessor may
remove the same and dispose of the same es it sees fit, and Lessee agrees to
sell, assign , transfer and set over to Lessor ell of Lessee's right, title and
interest in and to said buildings , fixtures, improvements and any personal
property not removed by Lessee for the sum of One Dollar ($1 .00). Lessee
further agrees that should Lessor remove said buildings, fixtures and
improvements es above provided, Lessee will pay Lessor, upon demand , the
cost of such removal plus the cost of transportation and disposition thereof.
No improvement or construction should take piece without the written
approval of the Lessor, which approval will not unreasonably be withheld .
5. '.I'.11.lll!.. Lessee shall pay any end all taxes levied and assesse d
upon any personal property, buildings, fixtures, end improvem 'l nte
belonging to Lessee and loca te d upon said demised premises end ell
lease hold and possessory interest, taxes, levied or assessed by any prop er
taxing a uthority .
6. Repairs and Maintenance. Lessee represents that Lessee hes
inspected and examined the demised premises and accepts them in their
present condition ; Lessee agrees that Le ssor shall not be required to make
any improvements or repairs whatsoever in or upon the premi ses hereto
demi sed or any part thereof. Lessee agrees t o ma ke any and all
imp rov ements end repairs at Lessee's sole cost a nd expense and agrees to
kee p said premises safe and in good order and con dition at all times during
the term here of. Up on expiration of this lea se , or at a ny sooner termination
th ereo f, Lesse e sh all quit and surrender po ss es sion of said premi ses quie tl y
and peaceably and in as goo d order and condi tion as the same were a l the
com men cement h e reo f, reasonab le wear a nd t ear a nd damage by the
-2 ·
elements excepted. Les see further agre es to leave said premises free fr om
all nui sance and dangerous and defective conditions created by Le sse e.
7. Assignment of Lease . The Lessor will only permit assignment
of this lease to a successor broadcasting entity that receives a favorable
application from the Federal Communications Com mi ss ion, as evidenced
by written com mu nication from assignee to Lessor. Neither the d~mised
premises nor any portion ther?of shall be sublet, hypothecated or
mortgaged by Lessee.
In the event that Le ssee shall become bankrupt or insolv ent or should
a trustee or receiver be appointed to administer Lessee's business or affairs,
neither this lease nor any interest herein shall become an asset of such
trustee or receiv er and in the event of the appoin t ment of anJ such trustee
or receiver, this lease shall immediately terminate and end.
8. Liabj)jty and Tndemnificatjon . Lessee shall indemnify, defend
and save Les sor harmless from any costs, loss or damage that may arise
out of orin connection with this lease or the use of dernised premises by
Lessee or his agents or employees or any other person using aaid premises;·
and Lessee agrees to deliver to U'\SOr, up<,n the execution of this lease, two
(2) execut.?d copies of the continuing public liability and property damage
insurance policy satisfactory to Lessor, mdemnifying and holding Lessor
harmless against any and Pll claims in the amount of One Hundred and
Fifty Thousand Dollars ($160,000 .00) for injury to any one person and Four
Hundred Thousand Dollars ($400,000.00) per any 0\.--currence and shall keep
the same in force during th'! term of this lease . Such amounts shall
increase to the extent of the maximum amount ofliability under the
Governmental Immunity Act (C.R.S. 24-10-101 et seq.) as may be amended
from time to time . Said insurance shall contain a provision providing that
it may not be cancelled or not renewed except upon 30 days advance written
notice to the Lessor.
9. Mechanic's Ljen'i . Lessee agrees that at least five (6) days
before any construction work, labor or materials are done, used or
expended by Lessee or on Lessee's behalf by any person, firm or corporation
or by any contractor that Lessee will post and record, or cause to be posted
or rec or ded as provided by law, a Notice ofNonresponsibility on behalf of
Les so r, giving notice that said Lessor is not responsible for any work, labor
or materials used or, expen ded or to be use d or expended on the demised
premi ses.
Further, Lessee agrees that in the event it is determined there is one
or more mec hanic·s liens with a val id foreclosure action for the collection of
same, said Les se e shall hold the Lesso r harmless and sha ll forthwith
cause suc h liens lo be discharged .
-3 -
10. Tennioatjon by Lessor or T~. Lessor may krm.inate this
lease at any time it should be determined by City Council that public
necessity and convenience require it to do so, by serving upon Les see in the
manner hereinafter provided, a written notice of its election so to terminate,
which notice shall be served a t least twenty-four (24) months prior to the
date named for such termination . Uotwithst.anding the foregoing, no such
24 -month notice may be given durin6· the first four years of the lease term
unle s s the Environmental Protection Agency or oth ~~ Federal or State
governmental entity with regulatory huthority over the Bi -City Waste Water
Treatment Plant (adjacent to which 1.he demised premises are located)
requires t ermination of this lease or removal of the facilities placed on the
demised premises by Lessee.
Le ss ee may terminate this lease at any time by serting upon Lessor
in the 'llanner hereinafter provided a written notice of its election to do so;
said notice shell be served upon Lessor at least twelve (12) mon• hs prior to
the date named for termination.
11 . D.efwili. In the event ..hat Lessee shall be in default of any
payment of any rent or in performance of any of the terms or conditions
herein agreed to be kept and performed by Lessee and such default shall
continue for 15 days after Lenor has notified Lessee of the default (or, in the
case of a non-monetary default, such longer period as may be necessary to
cur.e provided the cure is commenced during saio 15-day period Rnd
tk ,ereaft.er diligently prosecuted), Lessor may terminate and end this lease
forthwith, and Lessor may enter upon said premises and remove all
persons and property therefrom. And Lessee shall not be entitled to any
money paid hereunder or any part thereof. In the event Lessor shall bring
a legal action to enforce any of the terms hereof, or to obtain possession of
said premises by reason of any default of Lessee or otherwise, Lessee agrees
to pay Le:;sor all costs of such legal action plus reasonable attorney fees
therefor.
12 . Ho)djng Over. In the event that Lessee shall hold over and
remain in po~session of the demised premises under the provisions of
paragraph 1 or 10 hereof, s u ch holding over shall be deemed to be from
month-to-month only and u pon an accelerated rental in the amount agreed
upon by both parties prior to the h olding over. All the other terms,
covenants and conditions as contained herein are to remain the same.
13. ~-Any notices which are required hereunder, or which
either Less ee or Lessor may desire to serve upon the other, sha ll be in
writing and shall be deemed served when delivered personally or when
deposited in the United States mail , certifi ed, return receipt requested,
po s tage prepaid, addressed as follo ws:
I ft.o Lesse e: 2700 So uth Pl at te Fi \'e r Driv e
Englewoo d , CO 80 i10
Attentio n : S t a ti on Ma nage r
with a copy to :
. 4 .
•
~ l[:
Radio Prtperty Ventures
P .O. Box 8085
Mitchell, IL 6204C
At.lention : Controll er
City of Engle wood
3400 South El ati Street
Engl ewood, CO 80 110
Attention : Rog er Fraser
City Manager
and
City of Littleton
2255 West Berry Avenue
Littleton, CO 80165
Attention : And rew C. McMinimee
City Manager
14 . ~. Waiver by Lessor or any default in performance by
Lessee of any of the terms, covenants o.-conditions contained herein shall
not be deemed a continuing waiver of the same or any subsequent default
herein .
15. Comp)jance Y(jth LawR . Lessee agrees to comply with all laws,
ordinances, rules and regulations which may pertain or apply to the
demised premises and the use thereof, including environmental
ordinances, rules and regulations of the City of Englewood, State of
Colorndo and the United States Government. No claim shall be made
against the lessor for compliance.
16. Lessor May Enter. Lessee agrees that Lessor, its agents or
employees, may enter upon said premises at any time during the term, or
any extension hereof, for the purpose of inspection, digging test holes,
malting surveys, iaking measurements and doing similar work necessary
f.·r the preparation of plans for construction of buildings or improvements
on said premises with the understanding that said work will be performed
in such a manner as to cause a minimum of interference with the use of
property by Lessee .
17. Successors in Interest. All the term s, covenants and
conditions contained herein sh all continue a nd bind all s uccessors in
interest of Lesse e herei n .
18. Pre-T enn Ac tj,j ty . To the exten t tha t it will no t unre a so na bl y
inte rfere "~th use of t he premi se s by Lesso r , its ag ent or contr a ct.o r s, Le ssee
shal l be enti tl ed to enter up on and use the premi ses any time pri or to
com menc eme nt of th e lease te rm for t h e purpose of con ducti ng soi ls test s,
• 5-
surveys , envi ronmental audits, and olher i nvestigatio ns . After June 30,
1992, and re1;11rdless of whether the lease term has comme nced, Le ssee
shall be enlilled to commence and pro secute construction of Lessee's
improvements on the premises.
JN WI'I NESS WHEREOF, the parties hereto have here under set their
hands and seals the day and year first above written.
By:
Attest:
Patricia H . Crow, City Clerk
By:
Attest:
Janice Owen, City Cl erk
By:
LESSOR :
CITY OF ENGLEWOOD, COLORADO
a municipal corporation
Susan v~n Dyke, Mayor
CITY OF LI'ITIEI'ON, COLORADO
a municipal corporation
Susan Thornton
President of the City Council
LESSEE:
RADIO PROPERTYVENTIJRES,
a Missouri general partnership
Printed Name:__,,,---,-,,-----
Gen eral Pa rtner
• 6-
•
A PARCEL OF LI\ND LOCJ\TED IN THE SOUTHEAS T 1/ 4 OF THE NORT HEA ST
1 /4 OF SEC1'ION 33 , TOWN S HI P 4 SOU TH, RANG ,: 6 8 WEST OF THE 6TH
PRINCIPAL MERIDIAN, COUN T'!' OF l\Rl\P/\l-lOE , STATE OF COLORl\00, WH ICH
CONSIDERING THE SOUTH LINE OF THE NORTHEA ST 1/4 OF SAID S ECTION
33 /IS BE./\RING S 89°40 1 34 " E /IND WITH /\LL BEAR INGS CONTAINED
HEREIN RELATIVE THERE TO IS MORE PARTICULARLY DE SCRIBED /IS
FOLLOW S:
BEG INNING II POINT ON THE PRO POSED NORTHERLY RIGHT OF WI\Y LINE OF
LIP/IN STREET, DESCRIBED AS PARCEL NO . 31 REV. 2 OF THE STATE
DEPARTME NT OF HIGHWAYS , DIVI SI ON OF HIGHWAY S , STATE OF COLORl\00,
PROJECT NO. FCU 0 85-2(51), FROM WHIC H THE SOUTHWEST CORNER OF THE
SOUTHEAS T 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 33 BEAR S S
33°23'45" W, II DISTANCE OF 5 28.73 FEET;
THEN CE EI\STERLY /\ND NORTHERLY /\LON G SAID PROPOSED RIGHT OF WI\Y
LINE THE E'OLLOWING FOUR , ( 4) COURSES:
1. N 89°54 '4 2 " E, II DISTANCE OF 108 .10 FEET TO THE BEGINN ING OF
II CURVE TO THE LEFT;
2. ALONG THE /\RC OF SAID CURVE TO THE LEFT WIT H A RADIUS OF
190 . 00 FEET AND A CENTRAL ANGLE OF 83°00 1 06" A DI STANCE OF
275 .2 11 F EET, THE LONG CHORD OF WHICH BEARS N 48°2 4'41" E, A
DISTAIICE OF 2 51. 80 FEET;
3. N 06°54 '42" E, A DISTANCE OF 290. 97 FEET TO THE BEGINNING OF
A CURVE TO THE RIGHT;
4. ALONG THE ARC OF SAID CURVE TO THE RIGHT WITH A RADIUS OF
150 .00 FEET AND A CENTRAL ANGLE OF 26°16'55" A DISTANCE OF
68.8 1 FEET, THE LONG CHORD OF WHICH BE/IRS N 20°03'05" E, A
DISTAIICE OF 68 .20 FEET;
THENCE N 89°44'13" W, A DISTANCE OF 354.07 FEET;
THENCE S 00°05'00" w, A DISTANCE OF 91.79 FEET;
THENCE S 4 5°05'00" w, A DISTANCE OF 52.42 FEET;
THENCE S 00°0 5'0 0" w, A DISTANCE OF 243.15 FEET;
THENCE S •14°55'00" E, A DISTANCE OF 52 .42 FEET;
THENCE S 00°05' 00 " w, A DISTANCE OF 112. 78 FEET TO Tl!E POINT OF
BEGINNING.
SAID PARC~L CONTAINS 165 ,01 2 SQUl\.1'\E FEET OR 3.7 88 ACRES MORE OR
LES S.
THE /\BOVE DESCRIBED PARCEL IS SUBJECT TO A SLOP E EASEME NT NO. SE-
3 1 OF STATE DIVISION OF HI GHWAYS, STATE OF COLORADO, PROJECT NO .
FCU 085 -2 (5 1) .
EXHIBI T A
_-.:.:!!!!'.:'!Jl~J.!!...!.~.:~:.:.:. I
u..~o u~~ANet: ! '
PAR ..... • --~::::::=~~::
1
' ' I -·---. : =:;.=a:.. I SF:-I
' I
DATE
:sl y l , 1991
J HIT I ATEO BY
STAFF SOURC E
I S SUE/ACTION PROPOSED
COUNC IL CO HMUlU CAT J ON
AGENDA I TEM
11 g
SUB J ECT Property lea s e with
Radio Pro pert y Ve n t ure s
for r adio s tat ion KQXJ .
Bi-City Supe rviso ry Commi t tee
Stewa rt Fo nda, Directo r of Bi-C i ty WWT P
.~ppr ove by ordin an ce a lease with Radio Pro p e rt y Ve ntu re a f o r property at th&
S i -Ci ty Wastewater Tre atme nt Plant f o r radirJ station KQXI .
PREVIOU S COU NCI L ACT ION
Appr oval o f l e a se wi th Media Enterpri s 1 s f or p r o perty at the Bi -Ci t y WWTP.
!:."TAFF ANAL YS I S
!l:.QX I i s cu rre ntly occu p ying l eased pro perty at the pl ant s i t e U,at i s ne e d e d fo r a
l a nd u se tran sfer \,:ith the Se:-v ice nter to acco mmo d a t e ne w f a c ilities at t he plant .
:-h e p r oposed l e ase is f o n p r o p erty at t he p l a n t th a t doe s no t have any pe r ma n ent
!acil it i es and is s uita ble f o r t h e r a d io s t a t i o n .
A s e a r ch f o r o t h er s ui ta b le sites in t h e ar~a ,,,.-as c o nduct e d b y Comm u nity Development
a:-:.d s tation personnel , b u t no o ther s ites me et inc., t h e need s of the s tation we re
:'ccnd . If t h e p r oposed l e a s e is n ot a p p r ove d , the c u rre nt l e ase with t he sta t ion
·--~1 1 b e terminated and t h e s ta t i on wou'.&.d b e mo v e d o ff the sit e , p r o baCl y out o f t h e
£::glewood area .
B.Jl.CKG ROUNO
~'QXl is a Christian radio sta~::.on t r.at is O\,:neC.: a nd operated b y Radio Pr operty
·:e -t ures, located _:-i Mitchell, 111 '.,c~s. The stati on !-.as been locat e d in Engl e wood
~==--1tar:y years on ::;rcperty t!-.at be::a:re the Bi-City h1"1'7P. The present l oca t ion is on
:eased property ::-: ·.!-.e :-:ortheast c~:-:-:er-of the plar.t site.
::-stn.;.=tic~ c f ~=:-e =! t h e :-:ew Fla:-.t !acill.ues is on fr-:'lperty previo1..sly cs ed by
:.-e Se:v1ce:-:-_er a.:-;d an equivale:-.t ar'.~·..:nt c f space needs to be re t urned to the
5e:-v1ce:-iter to r-ee~ t he1r needs. 7!-.e :-:ortheast cor:--.er c ! the plar.t site 1s the best
:;-ace f e r t!'-1s F·-=-r'cse, since ~: 1s cc:--.tiguo1,;s ...,ith the Servict!nter site, has good
3.::ess fr om Sc-t:-. ?:a-_t.e Pi.ver ~r~·.-e a,;-::j is ad:acent tc a corn.1',1?rc1al/warehouse
::-~:ey.
This trans f er of land use requires the radlo stat ion to move, which can be
accomplishe d by terminating the l ease. Termi n ation of tho lease wao scheduled I
before Co unc il sometime ago , bu t was removed from the agenda to assist the atation
t n finding an alternate l ocation and to alleviate a seven~ schedu l ing problem with
the FC C. The only viable site i n the area was determi ned to be the southeas t corne r
o f the p lant .
Station perso nnel have agreed to move to t he new l o cation at their expense. Access
to the station would be from the new Lipan Street through the i r own gate and they
have agreed t o pay for any additio nal fencing needed to maintai n secu r i t y at the
site .
The new l oc ation is in an area that is not anticipated to be used for over twenty
y ears , as scheduled in the Long Range Master Plan. The radio station facilities
will no t interfere with the operation o r maintenance of the plant.
The lease will need to be officially approved by t h e Littleton Ci ty Council, as the
property ls owned by both cities . All parties have reviewed and approved the
p roposed lease.
The station has been a good neighbo r and station personnel have been v e ry
cooperative in deali ng with this relocation.
Th e rent for the p r o p osed lease is t he s ame as t he ex isting lease : S850 per month in
199 1, increa s ing to S1100 per mcnth in 1995 . Thereafter, the rent will be adjuated .
each year by the Consumer Price Index {CPI). Be cau se the property is owned wi th
Litt let o n , t h e rent wi l l be split 50 /50 with Littleton.