HomeMy WebLinkAbout20060809.tiff RESOLUTION
RE: APPROVE PROPERTY USE AGREEMENT FOR NEW RAYMER TOWER SITE AND
AUTHORIZE CHAIR TO SIGN - METROCALL, INC.
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 Property Use Agreement for New Raymer
Tower Site 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 Metrocall, Inc., commencing upon full execution,with terms and conditions being as stated in
said agreement, and
WHEREAS,after review,the Board deems it advisable to approve said 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 Property Use Agreement for New Raymer Tower Site 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 Metrocall, Inc. be,and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 15th day of March, A.D., 2006.
isaa1 w%=OARD OF 'AUNTY COMMISSIONERS
p,, 4 \\, LD COA iTY, COLORADO
LIATTEST: i l� .,, .;' ' �•�•��'b.. ._�1 �►��Ci�p`
eatil„ i. e-i e, h�r C JUG U Weld County Clerk to the Bole— J OokiX
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Wi m H. Jerke \�
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Robert . Mas
ou ty Attor y
Glenn Vaad
Date of signature: 31 `1 iCkp
2006-0809
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�4�i s/ CM0016
Property Use Agreement
(New Raymer Tower site)
This Agreement is entered into by and between BOARD OF COUNTY
COMMISSIONERS FOR WELD COUNTY, STATE OF COLORADO, herein referred to as
Weld County, whose address is 915 Tenth Street, P.O. Box 758, Greeley, CO 80631, and
METROCALL, INC., a Delaware corporation, herein referred to as Metrocall, whose address is
set forth below. Contact information is as follows:
Weld County Regional
Communications Center
ATTN: Dave Mathis
1950 O Street
Greeley, CO 80631
(970) 304-6500 ext. 2700
and
Metrocall, Inc. a Delaware Corporation located at
ATTN: Site Leasing Department
3000 Technology Drive, Suite#400
Plano, TX. 75074
(972) 801- 0447
IN CONSIDERATION of the covenants herein contained, Property Owner and Metrocall agree
as follows:
1. Use of Tower Facility and Site. Weld County hereby grants permission to Metrocall to
install, maintain, and operate electronic equipment for the sole purpose of providing
paging services (one way or two way) in the designated floor space and on the Tower
where designated, at the property location more specifically described below.
The designated space on the Tower and on the floor will be provided by Weld County for
one year commencing upon the date this Agreement is signed by both parties, and shall
automatically renew each year thereafter for the period during which time Weld County
receives paging services from Metrocall, as provided for under separate contract (the
"service contract". In the event that Weld County no longer contracts paging services
from Metrocall, Metrocall may continue to operate its equipment for up to but not more
than 45 days from the date of service contract termination and will remove its equipment
no more than 50 days from the date of service contract termination or 5 days after ceasing
operation of Metrocall's equipment at the premises, whichever sooner occurs. This
Agreement automatically terminates upon 50 days from the date of service contract
termination, or upon the date of removal by Metrocall of all electronic equipment,
whichever is sooner.
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Equipment to be installed on property:
(a) One (1) transmitter licensed by FCC to transmit on 929.5125 MHz.,
931.0125 MHz. Electric/amperage requirements: 110 bolt-20 Amp dedicated
circuit breaker.
(b) One (1) Satellite dish.
Two (2) transmission lines, approximately 100 feet in length, connecting between the
transmitter, the receiver and the antenna, 7/8 in diameter.
(c) IRM interface, modems, GPS and miscellaneous equipment.
Equipment Location: Lat: 40.36.27N Long: 103.49.51W
243 Shirley Ave., New Raymer, CO 80742
1. USE OF PROPERTY. The property is to be used for the installation, operation, and
maintenance of equipment, including cabling or wiring and accessories used therewith.
All equipment or other property attached to or otherwise brought onto the Property shall
at all times remain the personal property of Metrocall.
2. ACCESS TO EQUIPMENT. Metrocall shall have the right to enter the Premises for
maintenance and to carry out all its functions under the Federal Communications
Commission (FCC) license, subject to the policies and procedures of Weld County. This
access shall be on a 24-hour basis and would include a set of keys if building did not have
personnel on duty on a 24 hour basis. Metrocall agrees to permit only authorized
employees of Metrocall or persons under Metrocall's direct supervision to enter the
Tower site.
3. LIABILITY. Metrocall will carry during the term of this Agreement the following
insurance with the customary coverage and exclusions:
Bodily Injury- $500,000 for injury to any one person and $500,000 for all injuries sustained by
more than one person in any one occurrence.
Property Damage - $1,000,000 for damages as a result of any one accident.
Metrocall agrees to furnish Weld County with certificates of insurance certifying that Metrocall
has agreed to the above-specified insurance, the certificate shall name Weld County as an
additional insured.
Metrocall 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 Metrocall.
All insurance required hereunder shall remain in force for the entire term of this Agreement.
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4. NON-LIABILITY; REPRESENTATIONS. In no event shall Weld County or any of its
officers, agents or employees be liable for any injury to any person, or damage to or theft
of any of Metrocall's equipment unless and to the extent such injury, damage or loss is
proximately caused by the gross negligence or willful misconduct of Weld County.
Further, Weld County shall not be liable for(i) any such damage caused by tenants, or
persons in, upon or about the Property, or caused by construction of any private, public or
quasi-public work, or(ii) any incidental, special punitive or consequential damages
arising or to any loss of use of the Property or any part thereof, unless it is due to the
gross negligence or willful misconduct of Weld County.
Notwithstanding any provision herein to the contrary, Weld County does not waive any
right to claim any immunities to which Weld County may be entitled by statute or
otherwise, including, without limitation, the Colorado Governmental Immunity Act.
5. CONDITION OF EQUIPMENT SPACE. During the term of this Agreement, Weld
County shall keep the space provided to Metrocall in good condition and repair. Upon
termination or expiration of this Agreement, Metrocall will remove all its equipment and
surrender the Property to Weld County in good condition except (a) for reasonable wear
and tear, or(b) for damage due to causes beyond Metrocall's control or without its fault
or negligence, or(c) for both. Metrocall shall be responsible for its own personal
property taxes, if any, for its own equipment, fixtures, leaseholds improvements, and
other personal property installed or used by Metrocall on the Tower or at the Tower site.
Weld County shall have the right to make any reasonable changes, alterations or
improvements to the premises, or any part thereof, so long as such reasonable changes,
alterations or improvements do not interfere with Metrocall's reasonable use of the
premises under this Agreement. If any change, alteration or improvement contemplated
by Weld County will result in a disruption of service to Metrocall, Weld County shall
give notice to Metrocall at least 30 days prior to the anticipated disruption.
6. EQUIPMENT INSTALLATION AND MAINTENANCE. The equipment listed on page
one (1) of this Property Use Agreement shall be installed by Metrocall. Metrocall may
remove, change, or substitute any equipment listed provided Metrocall notifies Weld
County of these changes in the manner outlined in this Agreement. The equipment shall
be installed by Metrocall and maintained in good working order. Weld County has the
right to require Metrocall to install additional interference reduction equipment if the
situation warrants such. It is expressly agreed and understood that Metrocall's equipment
shall be installed and maintained so as not to interfere in any manner whatsoever with the
equipment of Weld County or any other preexisting entity operating and maintaining its
equipment on the Tower site, and so as to meet all applicable FCC regulations and
conditions of its agreement. The installation of the aforesaid equipment shall be made by
Metrocall by means which will not weaken or damage in any manner the property of
Weld County. Weld County will supply a dedicated electric AC circuit with outlet for the
electronic equipment, the amperage as specified in equipment listing, as well as adequate
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space for proper maintenance and ventilation of transmission equipment and one
telephone line at equipment location.
7. NOTICES. Any notice or demand required or permitted to be given or made hereunder
shall be sufficiently given if made by certified mail in a sealed envelope, postage prepaid,
addressed to Weld County or Metrocall, as applicable, to their respective addresses as set
forth on page one (1) of this Agreement. Any such notice or demand shall be deemed to
have been given or made at the time it is deposited in the United States Post Office.
Metrocall or Weld County may from time to time designate any other address for this
purpose by written notice to the other party.
8. AMENDMENT. No revision of this Property Use Agreement shall be valid unless made
in writing and shall be signed by an authorized officer of Metrocall and Weld County.
9. GOVERNING LAW. This agreement is governed by the laws of the State of Colorado,
the jurisdiction in which the Property is situated.
10. ASSIGNMENT. This Agreement shall not be assigned or sublet without Weld County's
prior consent, which consent will not be unreasonably withheld.
11. NONEXCLUSIVE AGREEMENT. Metrocall acknowledges that through an agreement
with the Town of New Raymer, Weld County holds title to the Tower and the Tower site,
but New Raymer maintains the right to lease any additional space on the Tower or Tower
site to other parties.
12. WASTE, NUISANCE, OR UNLAWFUL ACTIVITY. Metrocall shall not create any
waste or nuisance on or around the Tower, and shall not use the Tower for any unlawful
purpose.
13. COMPLIANCE WITH LAWS. The parties 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 the Agreement.
14. 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.
15. 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
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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 duly executed this Agreement the day
and year first written above.
THE BOARD OF COUNTY COMMISSIONERS
FOR THE COUNTY OF WELD p't E de"
STATE OF CO RADO `�
l p
Y: .J. Geile, Chair 3/15/2006 A'�` N�+ � '���
4 �
�,`� M. a�� C �r4n)
Dep a y Clerk o the Board
METROCALL, INC.
\.__7(„::3)
NAME: Richard D. Dewey
TITLE: Vice President—Engineering Services
DATE: 2/Z7/a
5
&006 &O '
Page 1 of 1
Sabrina Mccreary
Mr. Dave Mathis,
Please sign all originals and return 1 ea of the Grover and 1 ea of the New Raymer Tower Site Agreements to my
attention at the address below.
Thanks!
Sabrina McCreary
Metrocall,Inc.
d/b/a USA Mobility,Inc.
3000 Technology Dr.,Suite#400
Plano,TX. 75074
PH#972-801-0131
FAX#972-801-0144
2/27/2006 2006-0809
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