HomeMy WebLinkAbout1998 Ordinance No. 066•
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ORDINANCE NO~
SERIES OF 1998
BY AUTHORITY
COUNCIL BILL NO . 59
INTRODUCED BY COUNCIL
MEMBER WAGGONER
AN ORDINANCE AUTHORIZING AN ASSIGNMENT OF RIGHTS UNDER A LEASE
BETWEEN THE CITY OF ENGLEWOOD AND RADIO PROPERTY VENTURES AS
THE SUCCESSOR IN INTEREST TO MEDIA ENTERPRISES , CORPORATION.
WHEREAS, in 1981 the City of Englewood entered into a lease agreement with
Radio Property Ventures for a radio transmission tower, including associated
structures , on property eventually transferred to the Bi-City Wastewater Treatment
Plant; and
WHEREAS , in 1991 the tower was relocated to another parcel on the Bi-City lot
and a new lease agreement was entered into with Bi-City ; and
WHEREAS , the parcel subject to the 1981 lease , was returned to the City of
Englewood in a land trade with Bi-City; and
WHEREAS , by the terms of that 1981 lease the lessee has a duty to remove a
building located on the property and the lessee entered into an agreement with a third
party to do so ; and
WHEREAS , the third party has failed to remove the building as required and the
lessee cannot evict the third party until the City assigns its rights to evict under the
lease ; and
WHEREAS , the City therefore wishes to assign its right to require the removal of
the building to the lessee under paragraph 4 of the lease ;
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS:
Section 1. The Assignment of Rights Under the Lease between Radio Property
Ventures and the City of Englewood pertaining to Bi-City property is attached hereto
as Exhibit A.
Section 2 . The Assignment of Rights Under Lease is hereby accepted and approved
by the Englewood City Council and the Mayor is authorized to execute and the City
Clerk to attest and seal the Ass i gnment of Rights Under Lease for and on behalf of the
City of Englewood.
Introduced, read in full , and passed on first reading on the 21st day of S e ptember,
1998 .
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Published as a Bill for an Ordinance on the 25th day of September, 1998 .
Read by title and passed on final reading on the 5th day of October, 1998.
Published by title as Ordinance Nol.it, Series of 1998 , on the 9th day of
October, 1998 .
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true co}%-9f the Ordinance p ed on final reading
and published by title as Ordinance Nofll_, Series of 1998.
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EXHmITA
ASSIGNMENT OF RIGHTS UNDER LEASE
__________ 19 __
TO: Radio Property Ventures
WHEREAS, a lease was entered into between the CITY OF ENGLEWOOD,
COLORADO and RADIO PROPERTY VENTURES AS THE SUCCESSOR IN INTEREST
TO MEDIA ENTERPRISES, CORPORATION on January 5, 1981; and
WHEREAS, the only remaining duties or rights remaining under this lease are the duty
of the lessee (Radio Property Ventures) to remove a building and the right of the lessor (City)
to evict if the building is not removes as provided; and
The City of Englewood, Colorado, by and through its City Manager hereby assigns to
Radio Property Ventures its rights to evict or remove the building under Paragraph four of
the lease attached hereto .
The City of Englewood reserves only its right to recover any damages which may occur to
the "demised premises" during the removal of said building as well as adequate notice
before the removal.
The Lessee agrees to acquire all proper permits and licenses before removing the
structure .
CITY OF ENGLEWOOD
ATTEST:
Loucriahia A. Ellis. City Clerk Thomas J. Burns, Mayor
RADIO PROPERTY VENTURES
Secretary Burt W . Kaufman
TOTAL P.04
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• • COUNCIL COMMUNICATION
Date Agenda Item Subject
September 21, 1998 Assignment of Lease -Radio
10 a iii Building -WWTP
Initiated By Staff Source
City Attorney Dennis Stowe, WWTP
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
In 1981 the City of Englewood entered into a lease with Media Enterprises Corporation , now known as
Radio Property Ventures , for a parcel of property on which a radio transmission tower was located . In 1991
that tower was moved to Bi-City l./'NJTP property and a new lease was approved .
RECOMMENDED ACTION
The action recommended is to approve by Ordinance the assignment of certain rights under the lease to
the lessee.
• BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
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When Radio Property Ventures obtained consent of the Federal Communications Commission to the
assignment of its license and associated facilities a review was made of all agreements with the City
regarding this installation . The Lessee , under the 1981 lease , was required to remove an unused building
associated with its operation at the 1981 location . The Lessee contracted with a third party to remove the
building . The third party failed to complete the removal. The Lessee is requesting that the City assign its
right to evict and require removal of the building, this will enable the Lessee to force removal at their
expense, not the City 's.
FINANCIAL IMPACT
NONE.
LIST OF ATTACHMENTS
Copy of Paragraph 4 of the 1981 Lease
Ordinance with Assignment of Rights Under Lease
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PARA GRAPH 4 OF THE LEASE AGREEMENT BETWEEN MEDIA ENTERPRISES ' INC., NOW KNOWN AS RADIO PROPERTY VENTURES INC ., AND THE CITY OF • ENGLEWOOD , COLORADO WHICH IS DATED JUNE 5TH 1981.
4. Building and Improvements. Lessee may, at Lessee's
sole cost and expense, make such changes, alterations or improve-
ments, including the further construction of buildings as may be
necessary to fit said premises for such use, and all buildings,
fixtures and improvements, of every kind and nature whatever,
installed by Lessee, s h all remain the property of 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
clu.mage 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 event 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 as it
sees fit, and Lessee agrees to sell, assign, transfer and set over
to Lessor all of Lessee:s right, title and in~erest in and to said
build ings, fixtures, improvements and any personal property not
remo ved by Lessee for the sum of One Dollar ($1.00). Lessee further
agrees that should Lessor remove said buildings, fixtures and improve-
ments as above provided, Lessee will p.:.ty .Lessor, upon demand, the
cost ·~f such removal plus the cost of transportation and disposition _/
thereof. •
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