Sec. 122.454. - Lease fees.

The annual lease fee for each new communication tower or antenna site shall be determined by the Chief of Real Estate and the City department which has jurisdiction over the property, based on his determination of the fair market rental value of the proposed site and shall be payable as set forth in the Master Tower Lease Agreement. However, in no event shall the lease fees be less than $25,000 per year. Fees shall increase a minimum of four percent annually, or equal to the increase in the Consumer Price Index for All Urban Consumers (CPI-U), whichever is greater, to be applied annually. In addition, if the lease holder permits a third party or parties to locate antenna on the communication tower, the lease holder shall pay to the City, a co-location payment equal to the greater of $750 per month, increasing a minimum of four percent annually, or equal to the increase in the Consumer Price Index for All Urban Consumers (CPI-U), whichever is greater, or 25 percent of the rent, fees and other payments paid to the lease holder during the annual period by each third-party carriers or other users of the communication tower. Lease fees and co-location payments, plus sales tax, shall be made to the Real Estate Division, or as otherwise provided in the lease. Annual fees and co-location payments shall be prorated for partial years. The lease holder shall promptly provide to the City a copy, certified as true and complete by an authorized officer of the lease holder, of each co-location, lease or agreement (and cash amendment) showing the payments due to the lease holder, as well as such other documentation which may reasonably be required to evidence compliance with this Section. (Ord. 2005-1374-E, § 1)