HomeMy WebLinkAbout20041573.tiff RESOLUTION
RE: APPROVE COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT AND
AUTHORIZE CHAIR TO SIGN - HOWARD AND ROBERTA FOSTER
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 Howard and Roberta Foster,commencing June 1,2004 and ending June 1,2009,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 Howard and Roberta Foster
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 7th day of June, A.D., 2004 nunc pro tunc June 1, 2004.
E ' iN COUNTY SIGNERS
W LD COUNTY, COLORADO
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_ Robert D. Masden, Chair
\(o �o t/ erk to the Board
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William . Jerke, Pro-Tem
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Deputy Clerk to the Board
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David E. Long
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unty Attornejr EXCUSED
II Glenn Vaad
Date of signature: 1//6/i'�
2004-1573
CM0016
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COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT
THIS AGREEMENT entered into by and between the HOWARD A. FOSTER and
ROBERTA M. FOSTER, 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. Lessee desires to lease space on the Tower, and in proximity to the Tower for an
equipment building, from Lessor, and Lessor desires to lease space on the Tower, and in
proximity to the Tower for an equipment building, to Lessee, on certai
tteerws and conditions.
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C. The parties desire to reduce the term of their agreement to wnting.
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 FACILITY AND SITE
2.01 Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, Tower
space and space 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 by reference.
3 RENTAL
3.01 Lessee shall pay to Lessor as rent during the term of this lease, commencing June
1, 2004, or upon the approval by Lessor of Lessee's proposed plans, as set forth in
the provisions of paragraph 7.01, whichever later occurs, $400 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 under
Lessor's direct control, as more particularly set forth herein.
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2004-1573
4 ACCESS
4.01 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 AND TAXES
5.01 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 from 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. 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.
5.02 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 maybe responsible, so that Lessee will
have the opportunity to appear before the taxing authority and contest said
assessment, if Lessee so chooses.
6 TELEPHONE SERVICE
6.01 Lessee may, at its sole cost, elect to install and maintain telephone service to its
facilities.
7 INSTALLATION
7.01 Prior to installation of any equipment or devices, Lessee shall provide Lessor with
industry standard site drawings detailing where Lessee proposes to locate its
equipment and/or antenna(s), and building. 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 until such time that Lessee's proposal
shall be approved by Lessor.
7.02 Lessee's communications equipment shall be installed at its sole expense in a
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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 Lessee which
is already located on the Tower and the Site.
7.03 All equipment provided by Lessee shall be installed in compliance with all
applicable building and electrical codes and regulations of any government
agencies having jurisdiction.
7.04 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.
7.05 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. The 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.
8 INTERFERENCE OR DAMAGE TO LESSOR'S SYSTEM
8.01 Prior to installation of any other user or lessee's ("user") equipment on the Tower,
Lessor shall require that user to submit to the Lessee or to Wireless Advanced
Communications, Lessee's currently designated agent, or to any agent designated
by Lessee in the future, 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
currently designated agent, or any agent designated by Lessee in the future, 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 the 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 located at the Tower, or if
the installation and/or operation of its equipment or the equipment itself should
interfere or cause interference with the operation of the tri-area or the north-to-
south 2 gigahertz microwave system, 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.
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8.02 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.
9 TOWER AND EQUIPMENT MAINTENANCE
9.01 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.
9.02 Lessee 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.
9.03 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.
9.04 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.
9.05 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.
10 NONEXCLUSIVE LEASE
10.01 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
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located at the Site and specifically leased to Lessee hereunder.
11 ASSIGNMENT
11.01 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, Lessee will not assign or transfer this Agreement to any other entity
not above named without the prior written consent of Lessor, which consent will
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 will not be unreasonably withheld.
12 INDEMNITY
12.01 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.
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 obligations hereunder.
12.02 Notwithstanding the provisions stated herein, nothing in this Lease is intended as
a waiver by Lessee of governmental immunity rights pursuant to state or federal
law.
12.03 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 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.
12.04 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 Lessee's
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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.
13 WASTE, NUISANCE, HAZARDOUS SUBSTANCE, OR UNLAWFUL
ACTIVITY
13.01 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.
13.02 Lessor represents that it 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.
13 GOVERNMENT APPROVAL
13.01 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.
13.02 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 on the part of either party.
14 TERM OF LEASE
14.01 This Lease shall be effective for one year, commencing June 1, 2004, and shall be
automatically renewable on an annual basis for four additional years, or until June
1, 2009, unless sooner terminated by either party pursuant to the provisions
hereinafter set forth. The parties may renegotiate, in good faith, concerning the
renewal of this tower lease agreement, commencing April, 2009. If no agreement
has been reached between the parties prior to June 1, 2009, this lease agreement
shall terminate on June 1, 2009.
14.02 Lessor may terminate this lease by giving Lessee 365 days written notice of its
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intention to terminate this Lease. Lessee may terminate this lease at any time by
providing Lessor with notice of its intent to terminate at least 90 days in advance
of the termination date, accompanied by a termination payment equal to the
amount of 90 days or 3 months rent. Upon termination, Lessee shall remove its
equipment and material installed on Tower or at Site within 30 days after
termination of this Lease, 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 until
all of its equipment has been removed from the Site.
15 COMPLIANCE WITH LAWS
15.01 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 the Agreement.
16 DEFAULT
16.01 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.
16.02 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.
16.03 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
17.01 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: Mr. Howard A. Foster& Mrs. Roberta M. Foster
62695 WCR 105
Grover, Colorado 80729
Tel: 970-895-3348
FAX: 970-895-3350
Lessee: Weld County Regional Communications Center
Attn: Kent D. Donahue, Director
1950 "O" Street
Greeley, Colorado 80631
Tel: 970-356-4015, ext. 2890
FAX: 970-304-6516
18 ENTIRE AGREEMENT --MODIFICATION
18.01 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
19.01 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.
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20 AUTHORITY TO SIGN
20.01 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; and that the person signing on
behalf of Lessee has legal authority to execute this lease agreement.
21 NO THIRD PARTY ENFORCEMENT
21.01 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:
7, - C9t_._
HOWARD A. FOSTER R ERTA M. FOSTER
-.zy- 0H 7 -O �
Date Date
Lessee:
WELD COUNTY REGIONAL
CO ATI NS ENTER
y: t D. D e
Date:
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FOR BOARD HEOF COUNTY COMMISSIO D MAIV
FOR THE COUNTY OF WELD, I ^"�
STATE OF COLORADO �i ' /�}1`ATTEST:
04 ,Clerk to the Board
"H 6N!
Robert D. Malden, Chair ° ;�,; `1
y: Deputy
Date: 06/07/2004 N2) / \ e
i�,
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EXHIBIT A
Lessee's System Information
Lessee:
SITE IDENTIFICATION
Tower: 260' Guide Tower
Legal Description: 211160 N.E. 1/4 Section
Geographic Coordinates: long=40.54.47 N lat=104.05.24 W
Tower Height: 260'
EQUIPMENT TO BE INSTALLED:
Feedline:
Radio: Weld Fire B, Weld R&B, Weld EMS, 800 MHZ trunked System and 900 MHZ Paging
Output power: WC Fire B=100 Watts, Weld R&B=65 Watts, Weld EMS=100 Watts, 800=65
Watts, 900=350 Watts
Transmit Frequency: WC Fire B=154.145 MHZ, WC EMS=155.400 MHZ, WC R&B= 458.650
MHZ, 800 MHZ to be determined, 900 MHZ to be determined
Receive Frequency: WC Fire B=154.145, WC EMS=155.400 MHZ, WC R&B 458.650 MHZ,
800 MHZ to be determined, 900 MHZ to be determined
Equipment shelter as required for radio equipment to be furnished by lessee.
(Substantially equivalent items may be substituted for the antenna, feedline, and radio upon
notification to Lessor.)
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