HomeMy WebLinkAbout20010062.tiff RESOLUTION
RE: APPROVE COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT AND
AUTHORIZE CHAIR TO SIGN - HS RESOURCES, 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 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 HS Resources, Inc., commencing December 1, 2000, with further
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 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 HS
Resources, 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 8th day of January, A.D., 2001, nunc pro tunc December 1, 2000.
BOARD OF COUNTY COMMISSIONERS
���oWELD C NTY, COLORADO
ATTEST: !i44kLaEe
Attic , air
Weld County Clerk to the :qw
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BY:
Deputy Clerk to the Bob &� I a ��
��j� H. Jerke
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County AAttorhey lam, l lV
Robert D. Masden
2001-0062
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COMMUNICATIONS TOWERAlo'SITE LEASE AGREEMENT
THIS AGREEMENT entered into by and between WELD COUNTY REGIONAL
COMMUNICATIONS CENTER,herein referred to as Lessor,and HS RISOURCES,INC.,
herein lefened 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 from Lessor,and Lessor desires to
lease space on the Tower to Lessee, on certain terms and conditions.
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
z RECITALS
The above recitals are incorporated by reference, as though fully set£oath herein.
2 LEASE OF RADIO TOWER FACILITY AND STIT
2.01 Lessor hereby grants permission to Lessee to install,maintain,and operate on the
Tower,Communications Equipment as set forth on Exhibit B,attached hereto and
incorporated by reference. The antenna is to be installed as close as practicable to
the 200 foot level on the Tower,
3 RENTAL
3.01 Lessee shall pay to Lessor as rent,during the term of this lease,commencing
December 1,2000, 5250.00 per month,with the lease payment payable on the fast
day of each month thereafter. The rental amount may be renegotiated between the
parties to commence at the renewal of any term of this lease, if the Lessor gives
Lessee written notice not later than 90 days prior to the end of the annual term of
this lease of Lessor's intent to renegotiate the rent amount.
4 ACCESS
4.01 Lessor shall provide Lessee with access to Tower and Site at all limes in order to
make any necessary repairs or maintenance on Lessee's equipment, Lessee shall
secure all access gates when entetng or leaving the Tower Site. Lessee agrees to
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permit only authorized employees of Lessee or persons under Lessee's direct
supervision to enter Tower Site.
S ELECTRICAL POWER
5,01 There are existing electrical lines,at the Tower,which are for the use of Lessor.
Lessee may connect with the existing electrical lines,to operate its facilities.
6 TRLEPIIONE SERVICE.
6.01 Lessee may, at its sole cost, elect to install and maintain telephone service to its
facilities.
7 INSTALLATION
7.01 Lessee's communications equipment shall be installed at its sole expense in a
workmanlike manner so as not to interfere with or cause problems to any of
Lessor's equipment or devices,
7.02 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
7.03 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.
S INTERFERENCE OR DAMAGE TO LESSQW&SY$TEM
8.01 Prior to installation of any of Lessee's equipment on the Tower, Lessee shall, at
Lessee's sole expense, cause a qualified engineer to perform appropriate studies to
• ensure that Lessee's microwave or other equipment does not interfere or cause
interference with Lessor's currently installed communications system. It; for any
reason except defects in Lessor's system not caused by Lessee,Lessee's
installation and/or operation of its equipment or the equipment itself should
interfere or cause interference with the operation of Lessor's or any other 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,Lessee shall immediately cease operating its
equipment until such intetfesence'is eliminated to Lessor's satisfaction Lessee
shall be responsible for the cost of any special engineering required in order for
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Lessee to eliminate arty such lnte{fhrenoe by Lessee's equipment. If there is a
conflict between Lessee and any other subsequent user,Lessor shall require the
subsequent user to resolve the conflict.
9 TOWER AND EOWPMEN,I'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 Lessor 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,,aad 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 Lessee shall not create any waste or nuisance on the Tower or Site, or both,nor
use the Tower or Site or both for any unlawful purpose.
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 mariner from us of the Tower or Site or both by
Lessor or others. Lessor shall use its best effvrts to resolve interference conflicts
as soon as feasible to the end of restoring Hill 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.
11 .ASSIGNMENT
11.01 This lease shall not be assigned, without the prior consent of the non-assigning
party. In addition,Lessee shall not change or modify the frequency,power, or
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character of Lessee's radio equipment,without Lessor's prior consent,which
consent will not be unreasonably withheld.
12 MEMNTTY
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
waiver by Lessor 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 cany 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
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 December 1, 2000,and
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shall be automatically renewable on an annual basis,unless sooner terminated by
either patty pursuant to the provisions hereinafter set forth.
14.02 Lessor may terminate this lease by giving Lessee 180 days written notice of its
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. 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 at 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 agreement, or
contractual clauses required thereby to be included or incorporated by reference or
operation of law in the Agreement.
16 NOTICES
16.01 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: Weld County Regional Communications Center
Attn:Frank Bishop
919 7th Street
Greeley, Colorado 80631
Lessee: HS Resources,Inc.
Darren F.O'Toole
Systems Support Manager
1999 Broadway, Suite 3600
Denver, Colorado 80202
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17 ENTIRE AGREEMENT--NRIDIFICATION
17,01 This Agreement contains the entire Agreement and understanding between the
parties to this Agreement and supersedes any other agreements coneeetnirig the
subject matter of this transaction,whether OS or written. Na 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,
18 SEVERABIL1fl
18.01 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.
19 NO THIRD PARTY ENFORCEMENT
19.01 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 incirlentet beneficiary only.
Ii .WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate
originals on the dates shown below our respective signattues.
Lessor:
WELD COUNTY REGIONAL
CO, CATIONS CENTER
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By•
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Date:
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Lessee:
, HS RES9PRCES:
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By:
Date:
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TEE BOARD OF COUNTY COMMISSIONERS A_
FOR TEE COUNTY OF WELD,
STATE OF LORADO ATTEST:
� '� �---.-• •.�
Clerk to the oard
�as�
By: Ae Lv O�
M. J. Gaile, Chair (01/08/2001) ,
By: Deputy • .,f � SL
Date: January 8, 2001 j j I
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EXHIBIT A
Lessee's System Ihforznatlon
Lessee: HS Resources,Inc.
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SITE IDENTIFICATION
"Gilcrest"tower
Legal Description
Geographic Coordinates:
Tower Height:
EQUIPMENT TO BE INSTALLED:
Feedline:
Radio:
Output power
Transmit Frequency:
Receive Frequency:
Substantially equivalent items may be substituted for the antenna,feedline, and radio upon
notification to Lessor.
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