HomeMy WebLinkAbout20121824.tiff RESOLUTION
RE: APPROVE COMMUNICATIONS TOWER AND TOWER SITE LEASE AGREEMENT AND
AUTHORIZE CHAIR TO SIGN -WELD COUNTY SCHOOL DISTRICT RE-3J
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Communications Tower and Tower Site
Lease Agreement between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Weld County Regional Communications
Center, and Weld County School District RE-3J, commencing March 1,2012,with further terms and
conditions being as stated in said Lease Agreement, and
WHEREAS, after review,the Board deems it advisable to approve said Lease Agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Communications Tower and Tower Site Lease Agreement between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Weld County Regional Communications Center, and Weld County School
District RE-3J, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said Lease Agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 16th day of July, A.D., 2012, nunc pro tunc March 1, 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
`�"----- Sean P ..C way, Chair
Weld County Clerk to the Board / !-
.
'/. il 'a F. .=rcia, P .-Tem
BY: .�lr. ♦ .•�.... \` L. \ iJ
Deputy Cle'k to th- Board P' � e e1/ A. Jtk—&-
si 0 =a •ra Kirkmey r
APP AS Tom „„t_q
, .. � c� , \
a- * id E. Long
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Dougla Radema er
Date of signature: 13'1 a
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F- 20 -7Z CM0020
COMMUNICATIONS TOWER AND TOWER SITE LEASE AGREEMENT
THIS AGREEMENT is entered into by and between WELD COUNTY SCHOOL
DISTRICT RE-3J(Weld RE-3J),whose address is 99 W. Broadway Street, Keenesburg, CO
80643, hereinafter referred to as"Lessor," and THE BOARD OF COUNTY COMMISSIONERS
FOR THE COUNTY OF WELD, STA IE OF COLORADO,whose address is P.O. Box 758,
1150 O Street, Greeley, CO 80632, hereinafter referred to as"Lessee."
BACKGROUND INFORMATION
A. Lessor is the current owner of a certain communications tower and building ("the
Tower") located on certain real property located at 4977 WCR 59, Keenesburg, Colorado
80643.
B. Lessee desires to lease space on and in proximity to the Tower from Lessor, and Lessor
desires to lease space on and in proximity to the Tower to Lessee, on certain terms and
conditions.
C. The parties desire to reduce the terms of their agreement to writing.
NOW THEREFORE, in consideration of the covenants herein contained, Lessor and
Lessee agree as follows:
AGREEMENT
1. RECITALS: The above recitals are incorporated by reference, as though fully set forth
herein.
2. LEASE OF RADIO TOWER FACULTY AND TOWER SITE: Lessor hereby leases to
Lessee, and Lessee hereby leases from Lessor, equipment space on the Tower pursuant to
the terms and conditions set forth herein. During the term of this Lease, Lessor hereby
grants permission to Lessee to install, maintain, and operate on the Tower,
Communications Equipment as set forth in Exhibit A,which is attached hereto and
incorporated herein.
3. RENTAL: Lessee shall pay to Lessor as rent during the term of this Lease, commencing
March 1, 2012, or upon installation of Lessee's equipment on the Tower, whichever later
occurs("the Commencement Date"), One Dollar($1.00)per year, with the Lease
payment payable as a lump sum at the end of said term.
4. ACCESS: Lessor shall provide Lessee with access to Tower and Tower site at all times in
order to make any necessary repairs or maintenance on Lessee's equipment. Lessee shall
secure all access gates and building locks when entering or leaving the Tower site. Lessee
agrees to permit only authorized employees of Lessee or persons under Lessee's direct
supervision to enter Tower site.
5. UTILITIES: Lessor represents that utilities adequate for Lessee's use of the Tower site
are available. Lessee shall pay for all utilities used by it at the Tower site, and Lessee
2012-1824
shall sign any instrument reasonably requested by the utility company concerning
Lessee's utilities. Lessor shall assist Lessee in Lessee's efforts to obtain utilities from
any location provided by Lessor or the servicing utility. Lessee shall pay Lessor$10.00
per month (Utility fee)beginning on the Commencement Date of this Lease. Lessor shall
monitor the annual usage on the Lessee's provided electric sub-meter and if Lessor
determines that Lessee's utility usage exceeds the usage that is provide for in the Utility
Fee, Lessor may bill Lessee for the amount Lessee Exceeded utility usage for that year,
by presenting an invoice to Lessee for such payment within sixty (60) days after the
conclusion of the applicable contract term. Lessor may adjust the Utility Fee to
adequately compensate for Lessee's utility usage. If adjustment is determined to be
necessary, Lessor shall adjust the Utility Fee for the new term and shall notify Lessee in
writing of such increase in the Utility Fee. Any such change in the Utility Fee resulting
from an increase in Lessee's utility usage will take effect with the next payment of the
Utility Fee coming due after Lessee's receipt of such notice.
6. INSTALLATION: As of the Commencement Date, Lessee's equipment and devices are
already installed on the Tower. However, as to installation of any further equipment and
devices on the Tower,the following shall apply:
a. Prior to installation of any equipment or devices, Lessee shall provide Lessor with
industry standard site drawings detailed where Lessee proposes to locate its
equipment and/or antenna(s), and building. Lessor shall review Lessee's
proposal and either approve or specify and required changes within a reasonable
time. Lessee shall not be required to pay any rent until such time that Lessee's
proposal shall be approved by Lessor.
b. Lessee's communications equipment shall be installed at its sole expense in a
workmanlike manner so as not to interfere with or cause problems to any of the
equipment or devices of Lessor or any equipment or devices of any other lessee
which is already located on the Tower.
c. All equipment provide by Lessee shall be installed in compliance with all
applicable building and electrical codes and regulations of any government
agencies having jurisdiction.
d. All equipment installed by Lessee on Lessor's Tower shall be firmly anchored to
the Tower structure. Electrical conduits and cables shall be attached to the Tower
at intervals not to exceed four(4) feet. All tower fastening devices used by the
Lessee shall be made of stainless steel or galvanized to prevent rusting.
e. Lessee may place a portable building for equipment within the boundaries of
Lessor's Tower site. If Lessee elects to place such a portable building for
equipment within the boundaries of Lessor's Tower site, Lessee shall arrange for
and pay all costs of opening and/ or extending the enclosure to accommodate the
portable building. All materials and construction used to extend or repair any
currently existing security fence shall be of like design and quality to the existing
fence. Said portable equipment building shall at all times be the responsibility of
Lessee, and Lessee assumes all liability for any and all maintenance, damages as a
result of the building placement, and the like.
7. INTERFERENCE OR DAMAGE TO LESSOR'S SYSTEM: Lessee shall be liable for
any damages or problems incurred or sustained by Lessor to its facilities due to acts of
Lessee, its agents, contractors, or representatives, as such acts relate to the installation,
operation, maintenance, repair,replacement of Lessee's equipment at Lessor's Tower
site.
8. TOWER AND EQUIPMENT MAINTENANCE
a. Lessor shall be solely responsible for the perfonnance of any routine,
extraordinary, or emergency repairs or maintenance on Lessor's Tower. Lessee
shall be solely responsible for the performance of any routine,extraordinary, or
emergency repairs or maintenance on Lessor's Tower that arc caused by or result
from Lessee's use of Lessor's Tower.
b. Lessor shall be responsible for compliance with all regulations requiring painting
and/or lighting of Lessor's radio tower, including operation, maintenance and
inspection of the Tower, lighting, and alarm systems.
c. Lessee shall be solely responsible for the performance of any routine,
extraordinary, or emergency repairs or maintenance on Lessee's equipment
located at Lessor's Tower site. Lessee shall maintain its property in accordance
with reasonable engineering standards to assure that at all times Lessee and its
operation are in conformance with the applicable requirements of the Federal
Communications Commission and/or all other public authorities with
jurisdiction over Lessee.
d. Lessor shall have the right to make any reasonable changes, alterations or
improvements to the premises, or any part thereof, so long as such reasonable
change, alterations or improvements do not interfere with Lessee's reasonable use
of the premises under this Agreement. If any change, alteration or improvement
contemplated by Lessor may result in a temporary disruption of service to Lessee,
Lessor shall give notice to Lessee at least thirty (30) days prior to the anticipated
possible disruption.
e. Lessor shall not be liable to Lessee for any unintentional interruption of service of
Lessee or for unintentional interference with the operation of the equipment and
service of Lessee arising in any manner from the use of the Tower or Tower site
or both by Lessor. Lessor shall use its best efforts to resolve interference conflicts
as soon as feasible to the end of restoring full service.
9. NONEXCLUSIVE LEASE: lessor shall have the right to lease other portions of its radio
tower facility to other parties. Lessor shall not permit any subsequent lessee to interfere
with the performance of Lessee's communication system, or to encroach upon the space
located at the Tower site and specifically leased to Lessee hereunder.
10. ASSIGNMENT: Lessee may assign its rights and responsibilities in this Agreement to
any entity controlling, controlled by, or under the common control of Lessee, or to any
party that has subsequently acquired substantially all of Lessee's assets related to the use
of the tower equipment, with the condition that the assignment must be for entire
Agreement, and the assignee agrees to be bound by all of the terms and conditions of the
Agreement. Lessee shall give written notice to Lessor within 30 days of the assignment
of the Agreement. Lessee shall not assign or transfer this Agreement to any other entity
not above named without the prior written consent of Lessor,which consent shall not be
unreasonably withheld. In addition, Lessee shall not change or modify the frequency,
power,or character of Lessee's radio equipment,without Lessor's prior consent, which
consent shall not be unreasonably withheld.
11. INDEMNITY:
a. To the extent legally possible, Lessor shall not be liable for, and Lessee agrees to
indemnify and hold Lessor harmless against any and all losses, expenses, claims,
or causes of action of every kind and character on account of damages to or loss
of any property or on account of injury to or death of any person or persons
directly or indirectly resulting from or arising out of Lessee's use of Lessor's
Tower site. Lessee shall defend each claim asserted and suit brought involving
any matter of which Lessor is indemnified hereunder, and shall pay all costs,
expenses,and attorney fees incidental thereto, and all judgments resulting
therefrom; and Lessor shall have the right at its option to participate in the defense
of each suit or proceeding without relieving Lessee of any obligation hereunder.
b. Notwithstanding the provisions stated herein, nothing in this Lease Agreement is
intended as a waiver by Lessee of governmental immunity rights pursuant to state
or federal law.
c. Lessee,and all of Lessee's contractors or subcontractors,prior to the installation
of any equipment, shall secure and maintain throughout the term of this Lease,
general comprehensive liability insurance for all claims that may be applicable to
Lessee. Lessee shall also care such insurance as shall protect it from all claims
under any Worker's Compensation laws in effect that may be applicable to
Lessee. All insurance required hereunder shall remain in force for the entire term
of this Lease Agreement.
d. Except to the extent caused by Lessor's gross negligence or intentional
misconduct, Lessee waives and releases Lessor, its employees, and agents from
all claims for any loss, injury, death, or damage to persons, property, or to the
Lessee's business occasioned by theft, act of God, public enemy, injunction, riot,
strike,insurrection,wars, court order, requisition,order of govermnental body or
authority, fire, explosion, failing objects, steam, rain, snow, water, leak or flow of
water, or from any other place, or from breakage, leakage, obstruction, or other
defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning,or
lighting fixtures of the Building located under the Tower ("the Building"), or
from construction, repair, or alteration of the Building, or from any cause beyond
Lessor's reasonable control.
12. WASTE.NUISANCE, IIAZARDOUS SUBSTANCE, OR UNLAWFUL ACTIVITY:
a. Lessee shall not create any waste or nuisance on or around the Tower site, and
shall not use the Tower or the Tower site for any unlawful purpose.
b. Lessor represents that it has no knowledge of any substance,chemical or waste
(collectively, "substance") on the Tower site that is identified as hazardous, toxic
or dangerous in any applicable federal, state or local law regulation. Lessee shall
not introduce or use any such substance on the Tower site in violation of any
applicable law.
13. GOVERNMENT APPROVAL:
a. Lessee shall be responsible for obtaining any applicable permits or licenses
required by government agencies, as such pertain to the installation, operation,
maintenance, or repair, replacement, or ownership of Lessee's equipment located
at Lessor's Tower site.
b. If, after execution of this Lease, Lessee is unable to continue to occupy Lessor's
Tower site due to action of any government agency, or for other reasons,
including damage to or destruction of the Tower or equipment building, this
Lease may be canceled without obligation.
14. TERM OF LEASE:
a. This Lease shall be effective for two (2) years, commencing March 1,2012, and
shall be automatically renewable on an annual basis, unless sooner terminated by
either party pursuant to the provisions hereinafter set forth.
b. Either party may terminate this Lease by giving the other party at least two (2)
years written notice of its intention to terminate this Lease. Upon termination,
Lessee shall remove its equipment and material installed on Tower or at the
Tower site within thirty (30) days after termination of this Lease, and shall leave
Tower and the Tower site in substantially the same condition as it existed prior to
the date when Lessee installed its communications equipment. Lessee shall
continue to pay rent as set forth in this Agreement until all of its equipment has
been removed from the Tower site.
15. COMPLIANCE WITH LAWS: Lessor and Lessee agree to comply with the applicable
provisions of all federal, state or local laws or ordinances and all lawful orders,rules, and
regulations issued thereunder; and any provisions, representations or agreements, or
contractual clauses required thereby to be included or incorporated by reference or
operation of law in this Agreement.
16. DEFAULT:
a. If either party is in default under any of the terms and provisions contained herein,
the non-defaulting party shall notify the defaulting party of the default. The
defaulting party shall then have fifteen(15)days after such notice in which to
cure any default. If any default is not capable of being cured within the requisite
period of time, then so long as the party charged with the default has diligently
pursued such cure of the default within the prescribed period,the defaulting party
shall be given the necessary time to cure the default.
b. If the defaulting party is Lessee, and the default continues after the period for cure
passes, Lessor may, at its election and upon an additional thirty(30) days notice
to Lessee, cancel and terminate this Agreement and, upon the expiration of the
thirty (30) days notice to terminate, immediately re-enter and repossess the
premises without being guilty of any manner of trespass or forcible entry or
detainer. Upon repossession by Lessor,this Agreement shall be considered
terminated and Lessee shall have thirty (30)days after termination to remove its
antennae and other communication equipment, after which title to such antennae
and other communication equipment shall be forfeited. If the defaulting party is
Lessor, and the default continues after the period for cure passes, Lessee shall the
right to terminate this Lease or to pursue any other available legal remedies,or
both.
c. No waiver of any default or breach of any one or more of the conditions or
covenants of this Agreement by either party shall be deemed to imply or
constitute a waiver of any succeeding or other breach thereunder.
17. NOTICES: Any notice to be given under this Agreement shall either be hand delivered,
with signed receipt, or mailed to the party to be notified at the address set forth herein,
with signed receipt, or by facsimile with confirmation, until such time as written notice of
a change is received from the party wishing to make a change of address. Any notice so
mailed and any notice served by personal delivery shall be deemed delivered and
effective upon receipt or upon attempted delivery. This method of notification shall be
used in all instances, except for emergency situations when immediate notification to the
parties is required.
Any demand or notice to either party may be given to the other party by addressing the
written notice to:
Lessor: Weld County School District RE-3J
99 W. Broadway Street
Keenesburg, CO 80643
Lessee: Board of County Commissioners of Weld County, Colorado
Y.O. Box 758, 1150 O Street
Greeley,CO 80632
18. ENTIRE AGREEMENT-MODIFICATION: This Agreement contains the entire
Agreement and understanding between the parties to this Agreement and supersedes any
other agreements concerning the subject matter of this transaction,whether oral or
written. No modification, amendment, novation, renewal, or other alteration of or to this
Agreement and the attached exhibits shall be deemed valid or of any force or effect
whatsoever, unless mutually agreed upon in writing by the undersigned parties.
19. SEVERABILITY:
a. If any term or condition of this Agreement shall bee held to be invalid, illegal, or
unenforceable, this Agreement shall be construed and enforced without such a
provision, to the extent this Agreement is then capable of execution within the
original intent of the parties.
b. It is expressly understood and agreed that enforcement of the terms and conditions
of this Agreement, and all rights of action related to such enforcement, shall be
strictly reserved to the undersigned parties, and nothing contained in this
Agreement shall give or allow any claim or right of action whatsoever by any
other person not included in this Agreement. It is the express intention of the
undersigned parties,that any third parties receiving services or benefits under this
Agreement shall be deemed an incidental beneficiary only.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate
originals on the dates shown below our respective signatures.
Lessee:
ATTEST: , BOARD OF COUNTY COMMISSIONERS
F WELD COUNTY
By: By: 7
Deputy Clerk t t L j°, � Sean P. Conway, Chairman JUL 1 6 2012
-� Lessor:
16PritikP
Ito: WELD COUNTY SCHOOL DISTRICT
RE-3J
err By:
Name: Edw.,. . e,e�-
Title:V:rect-,r . 8..4....45 Sir ri3�S
e/2iay
Weld County School District Re-3J
99 West Broadway/P.O.Box 2691 Keenesburg,CO 80643
Tel:(303)536-2000/Fax:(303)536-2010
DID:(303)536-2003
WELD
Edward J.Meier
Director of Business Services
email:edwardmeier@re3j.com
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