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Home My WebLink About1998 Ordinance No. 067... • • • ORDINANCE NO. 0 SERIES OF 1998 BY AUTHORITY COUNCIL BILL NO . 58 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AUTHORIZING A CONSENT TO ASSIGNMENT OF LEASE AMONG THE CITIES OF LITTLETON AND ENGLEWOOD AND ABC INC. WHEREAS, in 1991 the cities of Englewood and Littleton, as owners of the Bi-City property, entered into a Fifteen (15) year lease with Radio Property Ventures; and WHEREAS , this lease is for prop e rty upon which sits a radio transmitting tower with accompanying structures ; and WHEREAS , the tower is currently used by the Disney Company, the parent company of ABC Inc.; and WHEREAS , Radio Property Ventures wishes to assign this lease to ABC Inc. with no changes in the terms of the lease ; and WHEREAS , the City of Littleton has consented to the Assignment of the Lease ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: Section 1. The Conse nt To Assignment Of Lease between ABC, Inc. and the cities of Englewood and Littleton pertaining to Bi-City property is attached hereto as Exhibit A. Section 2. The Consent To Assignment Of 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 Consent To Assignment Of Lease for and on behalf of the City of Englewood . Introduced, read in full , and passed on first reading on the 21st day of September, 1998 . -1- 11 bi 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 No .ft!.. Se ries 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 coYJ,4 the Ordinance pass d on final reading and published by title as Ordinance Nolf_:_/_, Series of 1998. -2- • • • • • EXHIBIT A CONSENT TO ASSIGNMENT OF LEASE TO: Radio Property Ventures ABC , Inc. Regarding the Lease Agreement dated July 16 , 1991, among the City of Englewood, Colorado and the City of Littleton, Colorado, as Lessor, and Radio Property Ventures, as Lessee a copy of which is recorded with the Recorder of Arapahoe County, Colorado , in Book 6222 at Pages 329 through 336. The City of Englewood, Colorado, by and through its Mayor hereby consents to the assignment of the above-referenced Lease Agreement by Radio Property Ventures to ABC , Inc., a New York Corporation. EXCEPT for the notification provisions , all rights and duties of the parties remain the same. The notices required under Paragraph 13 , shall be changed as follows: 13. Notices. Any notices which are required hereunder, or which either Lessee or Lessor may desire to serve upon the other, shall be in writing and shall be deemed served when delivered personally or when deposited in the United States mail, certified, return receipt requested, postage prepaid, addressed as follows: If to Lessee: Griffith W. Foxley, Vice President ABC , Inc. 77 West 661h Street New York, NY 10023-6298 Telephone : 212/456-6063 Fax: 212 /456-6565 If to Lessor: City of Englewood ATTENTION: City Manager 3400 South Elati Street Englewood, Colorado 80110 and City of Littleton ATTENTION: City Manager 2255 West Berry Avenue Littleton, Colorado 80165 ATTEST: Loucrishia A. Ellis, City Clerk Emergency Notification: Frank Trueblood Phone : 303 936-4990 CITY OF ENGLEWOOD Thomas J. Burns, Mayor • • • COUNCIL COMMUNICATION Date Agenda Item Subject September 21 , 1998 10 a ii Radio Tower Property Lease Initiated By Staff Source City Attorney Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION In 1991 the cities of Englewood and Littleton entered into a fifteen year lease with Radio Property Ventures for the property on which the radio transmitting tower sits. The tower sits near the southeast end of the Littleton/Englewood Wastewater Treatment Plant. RECOMMENDED ACTION The action recommended is to approve by Ordinance the assignment of the radio tower property lease from Radio Property Ventures, to ABC Inc. with no change in the terms of the lease . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED On July 16, 1998, Radio Property Ventures obtained the consent of the Federal Communications Commission to the assignment of the broadcast radio station licenses and related assets used in the operations of radio stat ions KQXI and KAYK to ABC, Inc . The assignment includes the broadcast radio station licenses, related assets and the property lease agreement with the cities of Littleton and Englewood where the broadcast tower is located. Radio Property Ventures has requested that the lease be transferred by the cities of Littleton and Englewood to ABC, Inc. with no change in the terms of the lease agreement. The City of Littleton has consented to the Assignment of the Lease. FINANCIAL IMPACT The income from the lease of the property is approximately $14,000 per year and is split 50/50 between the cities of Littleton and Englewood. There would be no change in this payment. LIST OF ATTACHMENTS Proposed Bill for an Ordinance Letter from Burt W. Kaufman , Radio Property Ventures , and Griffith Foxley, ABC., Inc . Consent to Assignment of Lease August 5, 1998 Jerry Sears, City Manager City of Englewood 3400 South Elati Street Englewood, CO 80110 Andrew McMinimee, City Manager City of Littleton 225 5 West Berry A venue Littleton, CO 80165 Re : Lease Agreement dated July 16, 1991 , among City of Englewood, Colorado, and City ofLittleton, Colorado , as Lessor, and Radio Property Ventures, as Lessee Gentlemen : Please be advised that on July 16, 1998 , Radio Property Ventures ("RPV'), Lessee under the above-referenced Lease Agreement, obtained the consent of the Federal Communications Commission ("FCC") to the assignment of the broadcast radio station licenses and related assets • used in the operations of Stations KQXI(AM) and KA YK(AM) (the "Station Assets") to ABC, • Inc . Enclosed for your reference is a copy of the FCC authorization issued to RPV and ABC , Inc . RPV and ABC intend to close the sale and assignment of the Station Assets , including the assignment of the above-referenced Lease Agreement by RPV to ABC, within the next 30 days . Accordingly, per the terms of Paragraph 7 of the Lease Agreement, please execute the enclosed Consent to Assignment of Lease and return it in the enclosed self-addressed stamped envelope. Should you have any questions concerning this matter, please communicate with the undersigned at the addresses indicated below. Sincerely yours, O~t~ Burt W . Kaufman, Managmg Partner Radio Property Ventures P.O. Box 8085 Mitchell, IL 62040 Tel: 618/797-2299 Fax:618/797-2293 Enclosures 51002234.0 I 0(>;'-ztJ ?ctxli1 /~ ll: W . Foxley, Vice President ABC, Inc . 77 West 661h Street New York, NY 10023-6298 Tel : 212/456-6063 Fax:212/456-6565 •