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HomeMy WebLinkAbout20040599.tiff SHERI Lockman ;Regent's Special Use Application Page 1 From: "Mark Grueskin" <mgrueskin@hotmail.com> To: <slockman@co.weld.co.us> Date: 1/5/04 9:29PM Subject: Regent's Special Use Application Sheri: I am the attorney for Fox Television, and I spoke with Lee Morrison last week about the Planning Commission hearing on Jan. 6 concerning the Regent special use application. Lee suggested that I advise you, at least by email, of Fox's intent to appear at this hearing and object to the special use requested, certainly as currently proposed. As such, we are requesting that this matter not be placed on the Commission's consent agenda. Thank you very much for your consideration. If you have any questions in the morning, you can contact me at 303-256-3941 and mrgrueskin@irwl.com. Mark Grueskin Have fun customizing MSN Messenger u learn how here! http://www.msnmessenger-download.com/tracking/reach_customize CC: <Imorrison@co.weld.co.us> EXHIBIT 2004-0599 PROPOSED MODIFICATIONS TO SPECIAL USE REQUESTED BY REGENT BROADCASTING OF FORT COLLINS In the event that the Planning Commission recommends to the County Commissioners that the requested special use be approved for the parcel occupied by Regent Broadcasting ("Subject Property"), it should do so only if the following conditions are imposed as part of the zoning and are covenants that bind any person occupying the Subject Property or any portion thereof(including any tenant and the successors and assigns of the current owner): Non-interference. Any tower constructed on the Subject Property shall be maintained and constructed in a manner that does not create intermodulation interference with any tower on an adjacent property, affect the quality of transmissions from such tower, or materially interfere with the efficient maintenance or operation of such tower. Cross-easements. Owners and tenants of the Subject Property are subject to, and shall not interfere with, the reasonable use of cross-easements to provide access and related rights between the Subject Property and neighboring properties. Maintenance of improvements. Owners and tenants of the Subject Property shall maintain and operate any and all improvements on the Subject Property in accordance with all applicable federal, state and local regulations, consistent with good engineering practices. Insurance. Any person occupying the Subject Property or any portion thereof(including any tenant) shall maintain adequate general liability insurance to compensate an adjacent land owner for damages to its improvements and operations, in the event of a structural deficiency or failure of a tower on the Subject Property or any other damage resulting from the operations on the Subject Property. This requirement may be met only when the person occupying the Subject Property produces a certificate of insurance, reflecting coverage adequate to cover destruction of improvements and losses attributable to the acts of such person. Prior approval of modifications. Any person occupying the Subject Property or any portion thereof(including any tenant) shall submit to adjacent landowners and tenants thereof any proposal to modify the tower or other improvements on the property, prior to making any such modifications or adding any uses to the existing facility. Such person shall provide such persons with reasonable engineering reports concerning such modifications or additional uses. Any such modifications or additional uses require the approval of the adjacent land owners and their tenants, which may not be unreasonably withheld. Demolition of old tower. Any person occupying the Subject Property or any portion thereof (including any tenant) shall demolish the pre-existing tower within thirty (30) days of completion of the improvement which necessitated this special use review. 586395 -- z 01/06/2004 13: 13 1708341665 J&D ENTERPRISE PAGE 01 Case # 2nd AmUSR 1047D Department o#Plan nig Services Case Number 2nd AmUSR-1047 We have several issues with the construction of the radio communications transmission tower being built on this site. First : Since the constructions has been started our radio reception in our cars has continued to become poorer as the site is built higher. In the past reception was a problem only at the corner CR 90 and CR 29 for approximately .1 mile west. As the tower goes higher this reception is degrading to the point where reception is being effected for the distance of over 1.5 miles to the west of this intersection. We can NO LONGER can listen to several radio stations on our home stereo system. The station most listened to was KOA 630AM ,from Denver, NOW it is only STATIC. At a recent Christmas Party, several of our neighbor stated their TV reception has been effected. Ours has not because we went to satellite TV, because after the last tower was built and we lost reception on most of the local stations. Second: With all the light pollution that has taken place in ritual areas, we would like to have the owners of the facility remove the bright lights located on the building facing east. These lights could easily be replaced with motion activated lights which would provide the security needed, without the added light pollutions the current lights create. Sincerely, John Hajec Dianne Hajec 44509 CR 29 Pierce,CO a%50 g EXHIBIT ID (b) EXHIBIT OPERATING AGREEMENT 2/44 This OperVmg Agreement ("Agreement") is entered into this day of 4( 2ZH, 1995, by and between Denver Television, Inc. , a Delaware corporation ("DTI") and Northern Colorado Radio,. Inc. , a Virginia corporation ("NCR") . WHEREAS, DTI is the owner and operator of a certain communications transmission tower, transmitter building and accessory buildings and equipment located on approximately 39 acres of land leased from William E. Dumler and Vera L. Dumler ("Dumlers") in Weld County, Colorado (the "New Tower") . The premises on which the New Tower is located is described on Exhibit "A" attached hereto (the "New Tower Premises") ; and WHEREAS, NCR plans to purchase and operate a certain communications transmission tower, transmitter building and accessory buildings and equipment located on approximately 16 acres of land leased from the Dumlers in Weld County, Colorado (the "Old Tower") . The premises on which the Old Tower is located is described on Exhibit "B" attached hereto (the "Old Tower Premises") . The New Tower Premises and the Old Tower Premises are adjoining parcels; and , WHEREAS, the parties execute this Agreement to ensure that both towers are operated in a manner that conforms to suitable engineering standards and does not interfere with the operations of the adjacent tower. NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed as follows: ARTICLE I PAYMENT On the effective date of this Agreement, as hereinafter defined, DTI shall pay NCR Twelve Thousand Dollars ($12, 000. 00) in cash or other good funds as consideration for the representations, warranties and covenants of NCR. ARTICLE II REPRESENTATIONS, WARRANTIES AND COVENANTS OF NCR 2 . 1 Relocation of Existing Users. NCR's purchase of the Old Tower from Wells-Tennessen Tower Company, a Colorado general partnership ("Wells-Tennessen") is subject to the rights of four entities to use the Old Tower for transmission purposes ("Existing Users") . The Existing Users are more fully described on Exhibit "C" attached hereto. All such agreements , except for the license to KUAD-FM, Inc. , have been amended between Wells-Tennessen and the Existing Users in order to permit the Existing Users to elect to move to the New Tower and terminate their respective agreements. NCR agrees that all Existing Users will be provided the opportunity to move their facilities from the Old Tower to the New Tower without interference or opposition from NCR. DTI and the relocating user shall use good and safe engineering practices and take reasonable steps to keep any necessary interruption to the operations of the Existing Users to a minimum. Relocation will take place during off-hours and outside of rating periods, to the degree practical. NCR shall not be liable for any costs associated with moving the Existing Users to the New Tower. DTI shall not be liable for any costs to NCR arising out of an interruption in NCR's operations as a result of moving any of the Existing Users to the New Tower, unless such interruption is caused by the gross negligence or willful misconduct of DTI or its agents. 2 .2 NCR Insurance Coverage. NCR shall maintain general liability insurance coverage which shall include its operations on the Old Tower Premises. NCR shall, upon reasonable request of DTI, obtain a certificate of insurance evidencing proof of general liability insurance coverage with respect to its operations at the Old Tower Premises in an amount sufficient to cover a total destruction of the New Tower and resulting losses. At a minimum, the limits of such insurance shall include $1, 000, 000 per occurrence, $2 , 000, 000 in the aggregate and a $4 , 000, 000 umbrella policy. 2 . 3 Old Tower Maintenance. NCR shall maintain and operate the Old Tower in accordance with all applicable federal, state and local regulations consistent with good engineering practices. 2 . 4 Old Tower Use. The Old Tower shall not be loaded beyond 28 units. Units shall be defined as follows: (a) Each FM bay shall count as one unit. (b) Each radome antenna cover shall count as one-half (1/2) unit (this one-half unit is in addition to the antenna covered) . (c) Each Radio Common Carrier ("RCC") antenna or "two-way" antenna shall count as one unit. (d) Each Transmitter Studio Link ("TSL") antenna up to one meter in diameter with an open grid shall count as one unit. Each solid TSL antenna up to one meter in diameter shall count as two units. 2 (e) Each Studio Transmitter Link ("STL") antenna up to one meter in diameter with an open grid shall count as one unit. Each solid STL antenna up to one meter in diameter shall count as two units. (f) A transmission line which is in use and has a five-inch or more diameter shall count as one unit per every 100 feet of length. An abandoned transmission line shall count as units towards the maximum load as follows: A transmission line with a two inch or less diameter shall count as one unit; a trans- mission line with a diameter of more than two inches but less than four inches shall count as three units; and a transmission line with a diameter of four inches or more shall count as five units. In addition to such assigned units for abandoned transmission lines, every 100 feet of length shall constitute an additional unit. The following table is provided by way of illustration of the above-stated unit calculations for transmission lines referenced in this subparagraph (f) : Line Type Units In-Use Transmission Line: Less than 5" in diameter 0 5" diameter/100 feet long 1 5" diameter/310 feet long 3 5" diameter/480 feet long 4 Abandoned Transmission Line: 2" diameter/50 feet 1 2" diameter/350 feet 4 2Y" diameter/90 feet 3 22" diameter/210 feet 5 4" diameter/80 feet 5 4" diameter/360 feet 8 NCR shall also comply with the following restrictions regarding the Old Tower: (i) no more than 20 units shall be located 400 feet above the ground; (ii) no dish antennas with a diameter over one meter shall be installed; and (iii) transmission lines with a diameter greater than five inches shall not be installed. 3 2 . 5 Access to Old Tower. NCR shall provide reasonable access to the Old Tower for the purpose of maintaining telephone service to the New Tower. NCR acknowledges that all telephone lines terminate in the Old Tower transmission building and pass to the New Tower transmission building via private interconnect installed by DTI. NCR shall provide reasonable access to the Old Tower for purposes of synchronization of tower lighting. All damage resulting from such access shall be the sole responsibility of DTI, unless such damage is caused by the gross negligence or willful misconduct of NCR or its agents. 2 . 6 Modification or Additional Use of Old Tower. Prior to making any modification to the Old Tower or adding any additional uses beyond the uses or operations specifically allowed in this Agreement, NCR shall submit to DTI for review and approval a proposal for any such modification or an additional use. DTI shall have the right to require that NCR, at its own expense, hire an engineer knowledgeable in the field and acceptable to DTI to provide reasonable engineering reports concerning such modification or additional use. DTI shall review and consider in good faith any such proposal but may withhold consent to any modification or additional use of the Old Tower only if DTI reasonably believes that the proposal is inconsistent with sound engineering practices, would constitute an operating hazard to the New Tower or would interfere with transmissions from the New Tower. r ARTICLE III REPRESENTATIONS, WARRANTIES AND COVENANTS OF DTI 3 . 1 New Tower and Old Tower Lighting. DTI shall file all necessary documents with the Federal Aviation Administration (the "FAA") under a group concept requesting that any tower lighting requirements for the Old Tower and the New Tower be satisfied with the installation of lights on the New Tower and promptly provides to NCR copies of all communications between DTI and the FAA regarding such lighting. DTI shall operate and maintain all lights installed on the New Tower as required by applicable federal, state and local regulations. 3 . 2 Removal of Abandoned Transmission Equipment. DTI shall remove, at its sole cost and in such manner as not to interfere with the operations and transmissions of the Existing Users, any abandoned transmission lines and antennas from the Old Tower at the time of relocation of Existing Users from the Old Tower to the New Tower. 3 . 3 DTI Insurance Coverage. DTI shall maintain general liability insurance coverage which shall include its operations on the New Tower Premises. DTI shall, upon reasonable request of NCR, obtain a certificate of insurance evidencing proof of coverage with respect to its operations at the New Tower Premises in an amount 4 sufficient to cover a total destruction of the Old Tower and resulting losses. At a minimum, the limits of such insurance shall include $1, 000, 000 per occurrence, $2, 000 , 000 in the aggregate and a $4, 000, 000 umbrella policy. ARTICLE IV JOINT REPRESENTATIONS, WARRANTIES AND COVENANTS OF NCR AND DTI 4 . 1 Cross Easements. The parties acknowledge and confirm the existence of cross easements created in their respective leases for the Old Tower Premises and the New Tower Premises. The parties shall not interfere with the reasonable use of these easements . 4 . 2 Binding Covenants. The provisions of this Agreement shall be binding on the parties hereto and their respective successors and assigns. Any document creating or transferring an interest in the Old Tower or the New Tower shall contain specific notice of this Agreement and shall bind all users of either tower to the provisions of this Agreement. 4 . 3 Non-Interference. NCR and DTI each warrant and covenant for themselves and their respective successors and assigns that each will maintain and operate their respective towers in a manner that does not create intermodulation interference with the adjacent tower, affect the quality of transmissions from the adjacent tower or materially interfere with the efficient maintenance and operation of the adjacent tower. ARTICLE V CONTINGENCIES/EFFECTIVE DATE The provisions of this Agreement are contingent upon: (i) NCR's closing of the purchase of the Old Tower pursuant to the terms and conditions of the Notice of Right to Purchase dated December 21, 1994 and the Notice of Election to Purchase of even date herewith (hereinafter together referred to as the "Notices") , but in no event shall the closing occur later than April 15 without the prior written consent of DTI; and (ii) on or before closing, the execution by and between the Dumlers, as lessor, and NCR, as lessee, of an assignment or amendment to the existing lease for the Old Tower Premises . The "Effective Date" of this Agreement is defined as the closing date under the Notices. ARTICLE VI WAIVER In the event that NCR fails to close on the purchase of the Old Tower as provided in Article V hereof, NCR shall thereupon automatically forfeit and waive any right it may otherwise have in 5 and to a right of first refusal to purchase the Old Tower arising out of or related to its NonExclusive License Agreement dated July 25, 1987 with Wells-Tennessen. ARTICLE VII MISCELLANEOUS 7 . 1 Cooperation. The parties acknowledge that the towers are located on adjoining parcels and that their mutual cooperation is vital to the safe and efficient maintenance and operation of both towers. The parties agree to cooperate with each other in good faith to address and resolve day-to-day mutual operating issues as they may arise and to implement and enforce the provisions of this Agreement in recognition of their mutual interests in ensuring that both towers are operated with sound engineering practices, in a manner that does not constitute a hazard to the adjacent tower or that would interfere with transmissions from the adjacent tower. 7..2 Notices. Any notice to be given by any party to this Agreement shall be given in writing and may be effected by personal delivery or sent by certified mail, return receipt requested, postage prepaid, addressed to the address for the party set forth in this Agreement. r In the case of a notice to NCR, such notice shall be delivered to: Northern Colorado Radio, Inc. ATTN: Alan R. Brill c/o Brill Media Company, Inc. 420 N.W. Fifth Street, Suite 3-B Evansville, IN 47708 with a copy to: Charles W. Laughlin, Esquire Thompson & McMullan 100 Shockoe Slip Richmond, VA 23219 In the case of a notice to DTI, such notice shall be delivered to: Denver Television, Inc. ATTN: Rod Bacon 501 Wazee Denver, CO 80204 with a copy to: 6 March & Myatt, P. C. ATTN: Lucia A. Liley 110 East Oak Street, #200 Fort Collins, CO 80524 Any notice sent in compliance with the requirements of this section shall be deemed received either: (i) when received by the party or parties to whom such notice is addressed; or (ii) five days after deposit in a United States Post Office or other official depository of the United States mail, whichever first occurs. 7 . 3 Recording. Either party may record this Agreement in the real property records for Weld County, Colorado. 7 . 4 Waiver. No consent or waiver, express or implied, by any party in the performance of obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such other party of the same or any other of its obligations. Failure on the part of any party to complain of any act or failure to act of any other party or to declare any other party in default, irrespective of how long such failure continues, shall not constitute a waiver by such party of that party's rights hereunder. 7 . 5 Entire Agreement. This Agreement, including all exhibits hereto, contains the entire agreement between the parties and fully supersedes all prior agreements and understandings between the parties. 7 . 6 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall constitute an original but all of which, taken together, shall constitute one and the same document. 7 . 7 Date of Agreement. The date of this Agreement shall be the last date of execution of this Agreement by the parties as indicated on dates set below their respective signatures hereto. 7 . 8 Jurisdiction. The parties hereto agree and consent to exclusive venue and jurisdiction of the District Court in and for the County of Weld, Colorado for any court action commenced by either party which relates to this Agreement or the transactions contemplated hereby. 7 .9 Binding Effect. The terms and conditions of this Agreement shall apply to and be binding upon the successors and assigns of the respective parties hereto. 7. 10 Construction. When necessary for proper construction, the masculine of any word used in this Agreement shall include the feminine and neuter genders and the singular shall include the plural and vice versa. This entire Agreement shall be construed in accordance with the laws of the State of Colorado. 7 7 . 11 Paragraph Headings . Paragraph headings contained herein are for convenience only and shall not be considered in interpreting this Agreement. 7 . 12 Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the dates set forth below. NORTHERN COLORADO RADIO, INC. , a Virginia corporation (,nt/ /"3 . By: Alan R. Brill, Vice President ATTE - ecretary DENVER TELEVISION, INC. , a Delaware corporation By: Date Rod. Bacon, Vice President and General Manager ATTEST: Secretary STATE OF . 4&✓ ) COUNTY O � ) SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me this - day of A„e2 , 1995, by Alan R. Brill as Vice President of Nor ern Colorado Radio, Inc. Witness my hand and official seal. My Commission expires: �?D /q9q Nota y P 1ic 8 STATE OF COLORADO ) COUNTY OF DENVER ) SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me this day of , 1995, by Rod Bacon as Vice President and General Manager of Denver Television, Inc. Witness my hand and official seal. My Commission expires: Notary Public 9 EXHIBIT "A" TO OPERATING AGREEMENT BY AND BETWEEN DENVER TELEVISION, INC. AND NORTHERN COLORADO RADIO, INC. McRAE & SHORT, INC. 1231 8th Avenue Greeley, Colorado 80631 Telephone (303) 356-3101 Engineering, Surveying, Planning & Land Development August 16, 1994 PROJECT NO. 93482 Legal Description of New Tower Premises A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP B NORTH, RANGE 66 WEST OF THE 6th P.M. , WELD COUNTY, COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 19 AND CONSIDERING THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO BEAR SOUTH 90° 00' 00" WEST, WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE SOUTH 90° 00' 00" WEST, 1216.00 FEET ALONG SAID SOUTH LINE TO THE TRUE POINT OF BEGINNING; . ' NCE SOUTH 90° 00' 00" WEST, 1490,00 FEET CONTINUING ALONG SAID SOUTH LINE; • THENCE NORTH 00° 00' 00" WEST, 2067.76 FEET; THENCE NORTH 90° 00' 00" EAST, 1490.00 FEET; THENCE SOUTH 00° 00' 00" EAST, 2067.76 FEET TO A POINT ON THE SOUTH LINE OF SAID SOUTH- EAST QUARTER AND THE TRUE POINT OF BEGINNING 'EXCEPT THAT PORTION DESCRIBED IN LEASE A; SAID TRACT OF LAND CONTAINS 54.7291 ACRES, MORE OR LESS. SURVEYOR'S 'CERTIFICATE I DO HEREBY CERTIFY THAT, UNDER MY PERSONAL WJRV.ISION, THIS LEGAL DESCRIPTION WAS PRE- PARED ON AUGUST 15, 1994. 2:&C,e i.1.'4 661.6 9 .i. GERALD B. McRAE, PROFESSIONAL ENGINEER AND`c ` LAND SURVEYOR, COLORADO REG. NO. 6616 f-tl"th<<+ -r' ;`' .......t,nm '.?.''`' EXHIBIT "B' TO OPERATING AGREEMENT BY AND BETWEEN DENVER TELEVISION, INC. AND McRAE & SHORT, INC. NORTHERN COLORADO RADIO, INC. 1231'8th Avenue Greeley, Colorado 80631 Telephone (303) 356-3101 Engineering, Surveying, Planning & Land Development August 16 , 1994 Legal Description of Old Tower Premises PROJECT NO. ,93482 A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 8 NORTH, RANGE 66 WEST OF THE 6th P.M. , WELD COUNTY, COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 19 AND CONSIDERING THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO BEAR SOUTH 90° 00' 00" WEST, AND WITH ALL OTHER BEARINGS CON- TAINED HEREIN RELATIVE THERETO; THENCE SOUTH 90° 00' 00" WEST, 1216 FEET ALONG SAID SOUTH LINE; THENCE NORTH 00° 00' 00" EAST, 104.28 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 48° 10' 10" WEST, 820.74 FEET; THENCE NORTH 90° 00' 00" WEST, 77.70 FEET; HENCE NORTH 00° 00' , 00" EAST, 33.20 FEET TU A "POINT A" ; 'HENCE SOUTH 71° 25 ' 40" WEST, 147.25 FEET; THENCE SUUTH 18° 34 ' 20" EAST, 10.00 FEET; THLNCE SOUTH 71° 25' 40" WLST, 300.00 FEET; THENCE NORTH 18° 34' 20" WEST, 20.00 FEET; ' THENCE NORTH 71° 25' 40" EAST, 300.00 FEET; THENCE SOUTH 18° 34' 20" EAST, 10.00 FEET; THENCE NORTH 71° 25' 40" EAST., 147.25 FEET RETURNING TO SAID "POINT A" ; THENCE NORTH 00° 00' 00" EAST, 36.35 FEET; • THENCE NORTH 48° 10' 00"' WEST, 25. 55 FEET; THENCE NORTH 11° 36' 30" EAST, 747.86 FEET; THENCE NORTH 90° 00' 00" EAST, 557.80 FEET; . THENCE SOUTH 00° 00' 00" EAST, 1366.53 FEET TO THE TRUE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINS 16.0000 ACRES (TOTAL) , MORE OR LESS. SURVEYOR'S CERTIFICATE I DO HEREBY CERTIFY THAT, UNDER MY PERSONAL SUP.ERVIS.ION, THIS LEGAL DESCRIPTION HAS PRE- ,,..,PARED ON AUGUST 15, 1994. • .} c�7J3�^i 5:2C ‘``K-Vaia G-RALD B. McRAE, PROFESSIONAL ENGINELCR7ANO_",= LAND SURVEYOR, COLORADO REG. NO. 6616 ""it' ;; .n '• EXHIBIT "C" TO OPERATING AGREEMENT BY AND BETWEEN DENVER TELEVISION, INC. AND NORTHERN COLORADO RADIO, INC. 1. NonExclusive License Agreement dated July 25, 1987 , between Wells-Tennessen Tower Company, a partnership, and KUAD-FM, Inc. , a corporation. 2 . NonExclusive License Agreement dated September 30, 1989 , between Wells-Tennessen Tower Company, a partnership, and The State of Colorado - KUNC Radio. 3 . Tower Sublease Agreement dated May 8 , 1991, between Wells-Tennessen Tower Company and Duchossois Communications Company of Colorado, Inc. Hello