HomeMy WebLinkAbout20060810.tiff RESOLUTION
RE: APPROVE PROPERTY USE AGREEMENT FOR GROVER 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 Grover 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 Grover 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.
BOARD OF CO. NTY COMMISSIONERS
at, �sa ELD COU Jr, COLORADO
ATTEST: /I► ;.I ' al iti2 /, i
Weld County Clerk to the Br`.rrr ('' 4�d zig,shece...?
1t 4 David E. Long, Pro-Tem
D uty Clerk to the Board -1-.:- ' kl 7
Will Jerke , n
APP AS i\"` —
Robert . Masdery
unty Attorney ff//////
Dat of signature:
3/2`I )o(o Glenn Vaad
2006-0810
(� ✓1 � CM0016
C ; G CA o-+i)
O`F 0,3 -Oco
Property Use Agreement
(Grover 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, Mc. 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. Contingent upon certain conditions as set forth in
Paragraph 6 of this Agreement, 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"), or until June 1, 2009, whichever sooner occurs. The parties may
renegotiate, in good faith, concerning the renewal of this Agreement, commencing May,
2009. If no agreement has been reached between the parties prior to June 1, 2009, this
Agreement shall terminate on June 1, 2009. 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 30 days from the date of service contract
1
"C // s C�/7 <� 3 8 e}62006 0810
termination and will remove its equipment no more than 30 days from the date of service
contract termination. This Agreement automatically terminates upon 30 days from the
date of service contract termination, or upon the date of removal by Metrocall of all
electronic equipment, whichever is sooner. In any event, all equipment must be removed
from the Tower and the Tower site within 30 days after the termination date.
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: 40.54.47N Long: 104.05.24W
146 Laramie Ave., Grover, CO 80729
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, and subject
to Weld County's direct supervision. This access shall be 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, with Weld County's personnel or agents.
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.
2
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.
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 parties
acknowledge that Weld County's interest in the Tower site is subject to a Lease Agreement
between Weld County and Howard and Roberta Foster, dated June 7, 2004, nuns pro tunc June 1,
2004 ("the Lease Agreement"), a copy of which is attached hereto as Exhibit A. Said agreement
requires prior consent from the Lessor to frequency,power, or character of the equipment used in
the space leased to Weld County. The equipment listed on page one (1) of this Property Use
Agreement shall be installed at the designated space at the Tower site 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 and subject to the consent of Weld
3
County and the provisions of the Lease 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 or the Tower or other equipment located at the Tower site.
To the extent Weld County is able to do so, 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 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 Weld County
holds an interest in certain designated space at the Tower and the Tower site through the Lease
Agreement, and said Lease Agreement permits the Lessor to lease 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.
4
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. AGREEMENT SUBJECT TO LEASE AGREEMENT. The parties acknowledge
that this agreement for the use of the designated space at the Tower and Tower site is subject to
the Lease Agreement, and any provision contained in the Lease Agreement that is in addition to,
or conflicts with a provision contained in this agreement, shall supercede the provisions
contained in this Agreement.
16. 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 duly executed this Agreement the day
and year first written above.
THE BOARD OF COUNTY COMMISSIONERS e. + I . I S
FOR THE COUNTY OF WELD l .00%STATE OF CO O ••�����
pt
i F Mali/By: .J. Geile, Chair 3/15/2006 TTE kit; * a /
De ty Cle 'to the Board
METROCALL, INC.-10/1)41tNAME: Richard D. Dewey v
TITLE: Vice President—Engineering Services
DATE: 2/2 7/0C,
5
,2OO6 -e,P/D
Hello