Explanation
Background: In July 2007, the City purchased two parcels on Woodrow Avenue as the future site of the Division of Police Property Room and Crime Lab. The parcel containing approximately 2.95 acres and identified as Franklin County PID 010-003108, contains a fenced parking lot and a separately fenced area containing approximately 1,792 square feet located at the southwest corner of the parking lot that has been leased since 1994 to house a cell tower and an associated equipment building. The City as part of its purchase of the property, assumed the existing lease with New Par, a Delaware partnership, dba Verizon Wireless (Verizon). The initial term of the lease is set to expire on February 28, 2026 and Verizon Wireless has exercised their option to renew for 5-years. Verizon dissolved the New Par entity and now does business in Ohio under the name Cellco Partnership, dba Verizon Wireless. The Real Estate Management Office has now negotiated the 5-year renewal with Cellco Partnership with terms that are acceptable to the City and Cellco.
This legislation authorizes the Director of the Department of Development, or an authorized signatory, to execute those documents necessary to enter into a First Amendment to Lease Agreement by and between the City and the Cellco Partnership dba Verizon Wireless (“Verizon)”), a Delaware General Partnership, for a portion of Franklin County Tax Parcel 010-003108. The amendment will memorialize the exercise of the first of two options for renewal with each renewal being an additional five-year term. The City and Verizon will each have the right to terminate the lease by providing one hundred eighty (180) days written notice.
Fiscal Impact: No funds are required. The City will receive annual lease income in the amount of $31,740.00 which 50% shall be deposited in the General Fund and 50% in the Real Estate Management Fund.
Emergency Action: This legislation is presented as emergency in order to expedite the execution of a First Amendment to Lease Agreement between the City and Verizon for its continued operation of a cellular communication tower and not allow the Lease to expire.
Title
To authorize the Director of the Department of Development, or an authorized signatory, to execute those documents necessary to enter into a First Amendment to Lease Agreement for a five (5) year renewal term between the City of Columbus and Cellco Partnership for a portion of City-owned property, and to declare an emergency. ($31,740.00)
Body
WHEREAS, as part of the City’s purchase of two parcels located on Woodrow Avenue in July 2007, the City assumed a cellular tower land lease with Verizon Wireless on a portion of the parcel commonly known as Franklin County Tax Parcel 010-003108; and
WHEREAS, the base term of the cellular tower land lease expires on February 28, 2026 and Verizon Wireless has exercised their right to the first of two 5-year renewal options; and
WHEREAS, the City and the Cellco Partnership desire to enter into a First Amendment to Lease Agreement to allow Verizon Wireless to continue to operate a cell tower at this location, and for land, containing 1,792 square feet +/- and an associated access easement out of that city-owned parcel on East Woodrow Avenue identified as Franklin County Tax Parcel No. 010-003108; and
WHEREAS, an emergency exists in the usual daily operation of the Development Department, Office of Real Estate Management, in that it is immediately necessary to authorize the Development Director, or an authorized signatory, to execute, on behalf of the City those documents necessary to enter into the First Amendment to the Lease Agreement with Cellco Partnership to house a cellular communication tower for a portion of that City-owned real property commonly known as Franklin County Tax Parcel 010-003108 prior to the lease termination on February 28, 2026, all for the immediate preservation of the public health, peace, property, safety, and welfare; and now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of the Department of Development, or authorized signatory, be, and hereby is, authorized to execute those documents, as approved by the Department of Law, Division of Real Estate, necessary to enter into a First Amendment to Lease Agreement by and between the City of Columbus and the Cellco Partnership, a Delaware General Partnership, dba Verizon Wireless for the lease of a portion of that City-owned real property commonly known as Franklin County Tax Parcel 010-003108 for first of two (2) options for 5-year renewal.
Section 2. That the terms and conditions of the First Amendment to Lease Agreement shall include the terms negotiated by the Real Estate Management Office and be in a form prepared and approved by the Department of Law, Division of Real Estate for access to and use of approximately 1,792 square feet of land to house a cellular communication tower, an associated equipment building, and emergency power back-up equipment.
Section 3. That the annual income from this First Amendment to Lease Agreement be deposited 50% in the General Fund and 50% in the Real Estate Management Fund.
Section 4. That for reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared an emergency measure and shall take effect and be in force from and after passage and approval by the Mayor, or ten (10) days after passage if the Mayor neither approves nor vetoes the same.