HomeMy WebLinkAbout20012990.tiff RESOLUTION
RE: APPROVE COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT AND
AUTHORIZE CHAIR TO SIGN - CRICKET COLORADO PROPERTY COMPANY
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 Cricket Colorado Property Company, a Delaware Corporation,
commencing October 22, 2001, 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 Cricket
Colorado Property Company, a Delaware Corporation, 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 22nd day of October, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD COU TY, COLORADO
ATTEST: L gill IE Z%.0 ' .,
. J. eile, Chair
Weld County Clerk to the pd tqF �. �� Lam' '6
L, /2 * p lenn Vaa.,_:- em
BY: 1°`/� IZ4 , 0 .rte
Deputy Clerk to the Boar. -Edjoc,'\ .--' EXCUSED
Willi H. Jerke
APP ED O F RM: Cc
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ounty At ney
Robert D. Mas en
2001-2990
em CM0013
COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT
THIS AGREEMENT entered into by and between WELD COUNTY REGIONAL
COMMUNICATIONS CENTER, herein referred to as Lessor, and CRICKET COLORADO
PROPERTY COMPANY, a Delaware Corporation,herein referred to as Lessee.
BACKGROUND INFORMATION
A. Lessor is the current owner of a certain communications tower, premises 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 c c2 O square feet of adjacent
ground space from Lessor, and Lessor desires to lease space on the Tower and c O square feet
of adjacent ground space 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
1 RECITALS
The above recitals are incorporated by reference, as though fully set forth herein.
2 LEASE OF RADIO TOWER FACILITY AND SITE
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2.01 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 , ando2a0 square feet
of adjacent ground space, at a location to be designated by Lessor. Exhibit A
may be amended from time to time, upon notice to Lessor, and upon agreement by
Lessor. Exhibit may be amended from time to time, upon notice to Lessor. The
antenna is to be installed as close as practicable to the One Hundred Fifteen (115)
foot level on the Tower.
3 RENTAL
3.01 Lessee shall pay to Lessor as rent during the term of this lease, commencing
Ochher221 Zoo/ , or upon the approval of Lessor of Lessee's proposed
• plans, as set forth in the provisions of paragraph 7.01, whichever later occurs,
$800.00 per month, with the lease payment payable on the first day of each month
thereafter. The rental amount may be increased each year by not more than four
(4) percent. .
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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. Lessee shall provide a
current list, which shall be updated no less often than every six months, to Lessor
of the names and dates of birth of Lessee's employees and agents who may be
anticipated to enter the Site or Tower. In addition, before entering the Site or
Tower at any time, Lessee shall provide Lessor, by telephoning the Weld County
Regional Dispatch Center, with the name(s) and date(s) of birth of Lessee's
agent(s) or employee(s) who are entering the Site or Tower.
5 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.
Lessee may, wherever practicable, install separate meters for utilities used on the
Tower Site. In the event separate meters are not installed, Lessee shall pay the
periodic charges for all utilities attributable to Lessee's use.
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). Lessor will review Lessee's proposal and either
approve or specify any required changes within a reasonable time, in most
instances, not to exceed thirty(30) days. 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
workmanlike manner so as not, in Lessor's opinion, to materially or adversely
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. .
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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.
8 INTERFERENCE OR DAMAGE TO LESSOR'S SYSTEM
8.01 Prior to installation of any of Lessee's equipment on the Tower, Lessee shall
submit to the Lessor or to Wireless Advanced Communications, Lessor's
currently designated agent, or to any agent designated by Lessor in the future,
specific equipment lists, and frequencies to be used by Lessee. In addition, Lessee
shall, at Lessee's sole expense, cause Wireless Advanced Communications,
Lessee's currently designated agent, or any agent designated by Lessor 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 Lessor's system not
caused by Lessee, Lessee's installation and/or operation of its equipment or the
equipment itself should, in Lessor's opinion, materially or adversely 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, in Lessor's opinion,
materially or adversely 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 interference is eliminated to
Lessor's reasonable satisfaction. Lessee shall be responsible for the cost of any
special engineering required in order for Lessee to eliminate any such interference
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 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.
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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, 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 may replace or upgrade any of its
Communications Equipment, so long as such replacement or upgrade does not, in
Lessor's opinion, materially or adversely interfere with any other lessee's or
Lessor's equipment on the Tower or 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, Hazardous 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 has no knowledge of any substance, chemical or waste on the Site that is
identified as hazardous, toxic or dangerous in any applicable federal, state or local
law or regulation ("Hazardous Waste"). Neither party shall introduce or use any
Hazardous Substance on the Site in violation of any applicable law. Each party
shall promptly conduct any investigation or remediation which may be required of
either party by any applicable environmental law, with respect to any spills or
other releases of any Hazardous Substance which may occur on the Site.
9.06 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.
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11 ASSIGNMENT
11.01 This lease shall not be assigned, without the prior consent of the non-assigning
party, with the exception that Lessee may assign this Lease Agreement without the
prior consent of Lessor to a parent, subsidiary, or affiliate entity of Lessee, or a
successor entity by merger, consolidation or reorganization, provided that notice is
given to Lessor within thirty(30) days of such assignment. 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 To the extent permitted by law, Lessor agrees to indemnify and hold Lessee
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 resulting from or arising out of
Lessor's use or ownership of the Tower and Site, except to the extent caused by or
related to the negligence or misconduct of Lessee, or its employees or agents.
Notwithstanding the provisions stated herein, nothing in this Lease is intended as
a 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 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.
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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 U'�do 6e r-2Z Zoo/ ,
and shall be automatically renewable on an annual basis, unless sooner terminated
by either party pursuant to the provisions hereinafter set forth.
14.02 Lessor may terminate this lease at any time 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, ordinary wear and tear excepted. 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.
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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: Shane Scofield
919 7th Street
Greeley, Colorado 80631
Lessee: Cricket Colorado Property Company
Attn: Property Manager
1700 Louisiana Boulevard NE, Suite 200
Albuquerque, NM 87110
Telephone: (505) 323-3140
Fax: (505) 323-3150
With a courtesy copy to: Cricket Communications, Inc.
Attention: Legal Department
10307 Pacific Center Court
San Diego, CA 92121
Telephone: (858) 882-6000
Fax: (858) 882-6080
17 ENTIRE AGREEMENT-- MODIFICATION
17.01 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
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attached exhibits shall be deemed valid or of any force or effect whatsoever,
unless mutually agreed upon in writing by the undersigned parties.
18 SEVERABILITY
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 MISCELLANEOUS
19.01 Lessee shall pay any personal property taxes assessed on, or any portion of such
taxes directly attributable to, Lessee's Communications Equipment.
19.02 Lessor warrants to Lessee that (i) Lessor has full right, power and authority to
execute this Lease; (ii) Lessor has good and unencumbered title to the Site free
and clear of any liens or mortgages, except those disclosed to Lessee and which
will not interfere with Lessee's rights to or use of the Tower or Site; (iii) Lessor
has obtained any necessary consents of the underlying property owner to enter into
this Lease; and(iv) Lessor knows of no laws, ordinances, covenants, or the
provisions of any mortgage, lease or other agreement binding on Lessor which
would be violated by the execution and performance of this Lease. Lessor
covenants that at all times during the term of this Lease, unless sooner terminated
as provided in this Lease agreement, Lessee's quiet enjoyment of the portion of
the Tower and Site leased to Lessee shall not be disturbed.
19.03 This Lease shall be construed in accordance with the laws of the state of
Colorado.
19.04 Lessor agrees to subrogate any and all lien rights it may have, statutory or
otherwise concerning Lessee's Communications Equipment or any portion thereof
as such equipment is set forth on Exhibit A, which shall be deemed personal
property for the purposes of this Lease Agreement, whether or not the same is
deemed real or personal property under applicable laws. In the event of a default,
Lessor gives Lessee's mortgagees the right to remove all or any portion of the
same from time to time, in Lessee's mortgagee's sole discretion and without
Lessor's consent.
• 20 NO THIRD PARTY ENFORCEMENT
20.01 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
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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:
WELD COUNTY REGIONAL
CUN CATIONS CENTER
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COM
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,e-77-07
Date:
Lessee:
CRI T COLORADO PROPERTY COMPANY,
a De re Cor oration
,
By:
/0 10 • D1
Date:
THE BOARD OF COUNTY COMMISSIONERS
FOR THE COUNTY OF WELD, P
STATE OF CO RADO ATTEST: . '`"
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oard aa� cBy: �, a1M. S. eiChar U lse-(l
Date: October 22, 2001
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EXHIBIT A
Lessee's System Information
Lessee: CRICKET COLORADO PROPERTY COMPANY, a Delaware Corporation
SITE IDENTIFICATION
35 Avenue tower
Legal Description:
Geographic Coordinates: 3401 35 Avenue, Greeley, CO 80634
40-23-10
104-44-11
Tower Height: 110 feet
Site description of ground space:
Lot 2,Us West Communications ls' filing, being a portion of the NE corner of section 23,
township 5 N,range 66 W,west of P.M., City of Greeley, County of Weld, State of Colorado.
EQUIPMENT TO BE INSTALLED:
• PCS antennas, microwave and GPS equipment
• Five BTS Radio Equipment cabinets
• One power panel
• One telco box
Substantially equivalent items may be substituted for the antenna, feedline, and radio upon
notification to Lessor.
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CRICKET COMMUNICATIONS
EXHIBIT B
Site Name: GXY-033C
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