HomeMy WebLinkAbout20100764.tiff RESOLUTION
RE: APPROVE COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT AND
AUTHORIZE CHAIR TO SIGN -WIRELESS SPECIALISTS, LLC
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 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 Wireless Specialists, LLC, commencing January 1, 2010, and ending December 31,2010,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 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 Wireless Specialists, LLC, 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 14th day of April, A.D., 2010, nunc pro tunc January 1, 2010.
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, COLORADO
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s6I ° . A . ._ /Radema er, hair
IWeld County Clerk to the Board t 1` 1 V f_ ,
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I David E. Long
Date of signature: I -lit
C C o C/72; G4
019.afi o/0 2010-0764
CM0018
TO: Monica Mika, Director of Administrative Services
•
FROM: Captain Mike Savage Silk(
DATE: March 31, 2009
SUBJECT: Tower Contract for Pawnee Buttes (Grover) Tower Site
With the help of the Weld County Attorney's Office, Cyndy Giauque we have finally
negotiated an agreement with Wireless Specialists, LLC, a Mr. Mark Fulling, for rental
space on the Pawnee Buttes Tower that his company currently owns for access to place
800 MHz public safety radio equipment and paging equipment to support public safety
operations. The original contract was with the previous site owner, who had owned the
site for some time. We currently house equipment on this site.
The contract period is for the year 2010 and the rental cost is $950.00 per month. The
cost is currently funded by the E911 Board.
The site services public safety operations specifically volunteer fire, Weld County
Paramedic Services and the Weld County Sheriffs Office in the areas of Grover, Herford
and Vim. It provides radio coverage along Highway 14 from Cunningham to Briggsdale.
The site is necessary for adequate radio coverage.
I have attached the signed original which still needs to be approved by Commissioner
Rademacher. If you have any questions or concerns or additional direction, please do not
hesitate to contact me.
•
2010-0764
)1" OO
COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT
THIS AGREEMENT entered into by and between WIRELESS SPECIALISTS, LLC, herein
referred to as Lessor, and the WELD COUNTY REGIONAL COMMUNICATIONS CENTER,
herein 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 with a legal description as set forth on Exhibit A,
attached to and incorporated herein ("The Site").
B. Lessor currently has placed receiver antennas on the top of the Tower. Lessor
intends to continue to use the top twenty(20) feet of the Tower for receiver antennas only.
Lessee agrees to lease from Lessor the space on the Tower from 20 feet from the top of the
Tower through the next 100 feet on the Tower, or at the 120th feet level from the top of the
Tower exclusively, and the additional space in proximity to the Tower for an equipment
building. Lessee currently leases space on the Tower and at the Site from Lessor, and the Parties
desire to continue the lease agreement, under the terms and conditions stated in this Agreement.
C. The Parties desire to reduce the terms of their agreement to writing.
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 Tower Facility and Site. Lessor hereby leases to Lessee, and Lessee hereby
exclusively leases from Lessor, one hundred (100) feet of the Tower starting at twenty(20) feet
from the top of the Tower through the next one hundred(100) feet down the Tower from the top,
to the level that is 120 feet down from the top of the Tower, and additional space on the Site for
an equipment building as hereinafter set forth. 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 on Exhibit A, attached hereto and incorporated herein.
3. Rental. (A) Lessee shall pay to Lessor as rent during the term of this Lease Agreement
commencing January 1, 2010 and continuing through December 31, 2010, Nine Hundred Fifty
and no/100ths ($950.00) Dollars per month, with the lease payment payable on the first day of
each month thereafter. Any payment of rent for a portion of a month shall be prorated. Rental
payments shall be abated for any period during which the Tower is not available to Lessee for
reasons not under Lessee's direct control, as more particularly set forth herein.
(B) For each year this Lease Agreement continues in effect, the rental amount shall be adjusted,
effective January 1 of each year as follows:
(i) The adjustment amount shall be determined based upon the average percent of
increase or decrease indicated by the Consumer Price Index (C.P.I.) for the Denver-
Boulder metro area for the most current twelve (12) month period prior to January 1 of
the renewing year(the CPI percentage).
(ii) The CPI percentage shall then be multiplied by the rental amount for the most current
twelve (12) month period prior to January 1 of the renewing year(the CPI adjustment).
(iii) The CPI adjustment shall then be added (or subtracted, as appropriate) to the rental
amount for the most current twelve (12) month period prior to January 1 of the renewing
year, and that amount shall be the rental amount for the renewing year.
4. Access. Lessor shall provide Lessee with access to Tower and 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 site are
available. Lessee will pay for all utilities used by it at the site, and Lessee will sign any
instrument reasonably requested by the utility company concerning Lessee's utilities. Lessor
will assist Lessee in Lessee's efforts to obtain utilities form any location provided by Lessor or
the servicing utility. Lessee shall separately meter its utilities if it is economically and legally
feasible at the Site to do so. If Lessee is unable to separately meter its utilities at the Site, Lessee
agrees to promptly pay within 30 days after receipt, any bill for Lessee's utility use presented to
Lessee by Lessor.
6. Taxes. Lessor shall be responsible for any taxes on the Tower, with the exception that
Lessee shall be responsible for its own personal property taxes, if any, for its own equipment,
fixtures, leasehold improvement, and other personal property installed or used by Lessee at the
Site. Lessor agrees to give timely prior notification of any taxes for which Lessor believes
Lessee may be responsible, so that Lessee will have the opportunity to appear before the taxing
authority and contest said assessment, if Lessee so chooses.
7. Telephone Service. Lessee may, at its sole cost, elect to install and maintain telephone
service to its facilities.
8. Installation of additional equipment. devices. or buildings ace. (A) The parties
acknowledge and agree that the Communications Equipment and devices set forth on Exhibit A
are currently installed and operational on the Tower. Lessee also currently maintains a portable
building for equipment within the boundaries of the Tower Site.
(B) Prior to installation of any equipment or devices not currently installed on the Tower and
not currently set forth on Exhibit A, and prior to modification of the equipment building to
provide additional space, Lessee shall provide Lessor with industry standard site drawings
detailing where Lessee proposes to locate its equipment and/or antenna(e) or any additional
building space, or both. Lessor will review Lessee's proposal and either approve or specify any
required changes within a reasonable time. Lessee shall not be required to pay any rent amount
for such proposed equipment, devices or additional building space, until such time that Lessee's
proposal shall be approved by Lessor.
(C) Any equipment or devices proposed by Lessee and approved by Lessor for installation on
the Tower or Site subsequent to the date of execution of this Lease Agreement(hereinafter
sometimes referred to as "subsequent equipment"), shall be installed at Lessee's sole expense
and 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 device of any other lessee which is already
located on the Tower.
(D) All subsequent 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 Lessee shall be of stainless steel
or galvanized to prevent rusting.
(E) If Lessee elects to expand the current portable equipment building within the boundaries of
Lessor's Tower Site, and Lessor has approved Lessee's proposal as set forth in this Agreement
(hereinafter sometimes referred to as "additional building space"), Lessee shall arrange for and
pay all costs of opening and/or extending the enclosure to accommodate the additional building
space. 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. The said portable equipment
building, including any additional building space, 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.
(F) All of Lessee's equipment including equipment currently located on the Tower and Site, as
well as subsequent equipment located on the Tower and Site shall be installed in compliance
with all applicable building and electrical codes and regulations of any government agencies
having jurisdiction.
9. Interference or Damage to Lessee's System. Prior to installation of any other user or
other lessee's ("user") equipment on the Tower, Lessor shall require that the user submit to the
Lessee or to Lessee's then currently designated agent, specific equipment lists, and frequencies
to be used by the other user. In addition, the user shall, at user's sole expense, cause Lessee's
then currently designated agent to conduct a modulation study or other appropriate studies to
determine if any conflicts exist with equipment currently installed or being used, or both, on the
Tower and Site. If, for any reason except defects in Lessee's system not caused by the user, the
user's installation and/or operation of its equipment or the equipment itself should interfere or
cause interference with the operation of Lessee's previously installed communications system or
equipment located at the Tower, the other user shall immediately cease operating its equipment
until such interference is eliminated to Lessee's satisfaction. The other user shall be responsible
for the cost of any special engineering required in order for the other user to eliminate any such
interference by the user's equipment.
10. 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 or replacement of Lessee's equipment at Lessor's Tower Site.
11. Tower and Equipment Maintenance. (A) Lessor shall be solely responsible for the
performance 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 are 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 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 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 use of the Tower or Site or both by Lessor or others. Lessor shall use its
best efforts to resolve interference conflicts as soon as feasible to the end of restoring full
service.
12. Nonexclusive Lease. Lessor shall have the right to lease other portions of its 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 Site
and specifically leased to Lessee hereunder.
13. Assignment. (A) 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 with the condition that the
assignment must be for the 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.
(B) Neither party shall assign or transfer this Agreement to any other entity not above named
without the prior written consent of the other party, which consent will not be unreasonably
withheld.
(C) Lessee shall not change or modify the frequency,power, or character of Lessee's equipment
without Lessor's prior consent, which consent will not be unreasonably withheld.
14. Indemnity. Lessor shall not be liable for, and to the extent permitted by law, 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.
15. Governmental Immunity. Notwithstanding any provisions contained in this Agreement
to the contrary, Lessee specifically does not waive any governmental immunities to which
Lessee is entitled pursuant to state or federal law.
16. Insurance. Lessee and all of Lessee's contractors or subcontractors, prior to 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 carry such insurance as will 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.
17. Waiver of Claims when cause beyond reasonable control. Except to the extent caused
by Lessor's gross negligence or intentional misconduct, Lessee waives and releases Lessor, his
employees and agents from all claims for any loss, injury, death or damage to persons, property,
or to Lessee's business occasioned by theft, act of God,public enemy, injunction, riot, strike,
insurrection, wars, court order, requisition, order of governmental body or authority, fire,
explosion, falling 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.
18. Waste.Nuisance.Hazardous Substance. or Unlawful Activity. (A) Lessee shall not
create any waste or nuisance on or around the Tower or Site, and shall not use the Tower or Site
for any unlawful purpose.
(B) Lessor represents that he has no knowledge of any substance, chemical, or waste
(collectively, "substance") on the Site that is identified as hazardous, toxic or dangerous in any
applicable federal, state or local law or regulation. Lessee will not introduce or use any such
substance on the Site in violation of any applicable law.
19. 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, repair, replacement, or ownership of Lessee's equipment located at
Lessor's Tower Site.
(B) If, after execution of this Lease Agreement, 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 Agreement may be canceled without
obligation on the part of either party.
20. Term of Lease. (A) This Lease Agreement shall be effective for one year, commencing
January 1, 2010, and shall automatically renew from year to year, 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 360 days written notice of
the Terminating Party's intent to terminate this Lease.
(C) Upon termination, Lessee shall remove its equipment and material installed on Tower and
at Site within 30 days after termination of this Lease Agreement, and shall leave Tower and 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
after the termination date until all of its equipment has been removed from the Site.
21. 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.
22. 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 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 30 days notice to Lessee, cancel and terminate
this Agreement and, upon the expiration of the 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 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. After termination, cost for storage, in the amount of$10.00 per diem, shall be paid by
Lessee to Lessor prior to removal of Lessee's equipment. If the defaulting party is Lessor, and
the default continues after the period for cure passes, Lessee will have 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.
23. 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 will 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: Wireless Specialists, LLC
c/o Mark Fulling
3352 West 19th St. Rd.
Greeley, CO 80634
Tel: 303-349-0745
Fax:
Lessee: Weld County Regional Communications Center
ATTN:
1950 O Street
Greeley, CO 80631
Tel: 970-356-4015, ext. 2890
Fax: 970-304-6516
24. 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.
25. Severability. If any term or condition of this Agreement shall be 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.
26. Choice of Law. This Agreement shall be construed in accordance with the law of the
State of Colorado.
27. Budget Constraints. Nothing in this Agreement shall be construed to require the Board
of County Commissioners for Weld County to provide funding not already budgeted for the
applicable fiscal year.
28. Authority to Sign. The parties warrant that each possesses actual legal authority to enter
into this Lease Agreement, and that there are no other legal titleholders of the subject property
who have not been set forth as Lessor; that the person signing on behalf of Lessor has legal
authority to execute this Lease Agreement; and that the person signing on behalf of Lessee has
legal authority to execute this Lease Agreement.
29. No Third Party Enforcement. It is expressly understood and agreed that enforcement of
the terms and conditions of this Agreement, and all rights of action relating 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.
Lessor:
WIRE IS , LLC
Mar Fulling e
Lessee:
WELD COUNTY REGIONAL
COMMUNICATIONS 4t-
CENTER
3-It-lc
By: Mike Savage, Director Date
Dougl s Rad macher, Chair 04/14/2010
BOARD OF WELD COUNTY COMMISSIONERS
ATTEST: � E
By: ► 1
Deputy Clerk to e Board / ff'?
Date
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