Loading...
HomeMy WebLinkAbout20013103.tiff RESOLUTION RE: APPROVE LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - PUBLIC SERVICE COMPANY OF COLORADO 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 Lease Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Public Service Company of Colorado, commencing , and ending, 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 Lease Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Public Service Company of Colorado 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 31st day of October, A.D., 2001. BOARD OF COUNTY COMMISSIONERS WELD CO A NTY, COLORADO ATTEST: guty / 1 t , I a`` . J. eile, Ch it Weld County Clerk to the J 4N (T cc� k _ ,�Glenn Vaac�, - BY: Sw /4e:I/J� r n' '\ Deputy Clerk to the Board 1--> ' V Willi H. Jerke APPROVED AST RM: 3 4 ar I vi . L ng / Court AttorrLy���� // Robert D. Masden Date of signature: 2001-3103 de.. ('//, f7�s3(.5-//ai/F) CM0013 Document 132120_ Reference Doc. 2180 LEASE AGREEMENT THIS LEASE AGREEMENT, dated as of this 31st day of October , 20 01 , by and between Public Service Company of Colorado, located at 1225 17th Street, Denver, Colorado 80202 (hereinafter referred to as "Lessor") and The Board of County Commissioners for the County of Weld, State of Colorado, located at 915 10th Street, Greeley, Colorado (hereinafter referred to as "Lessee"). WHEREAS, Lessor is the owner of said property (hereinafter referred to as "the Property") and communication tower (hereinafter referred to as "the Tower") more specifically described in Exhibit "A,"attached hereto and incorporated by reference herein; and WHEREAS, Lessee desires to enter into a lease (hereinafter referred to as "Lease Agreement") with Lessor to permit the location of the Weld County's communication facilities which will be constructed on a portion of the Property, and Lessor is agreeable to granting such a lease together with ingress and egress to the communication facilities. NOW THEREFORE, in consideration of the payment by Lessee of One Thousand Two Hundred Dollars ($1,200.00) per year, the Lessor does hereby lease and let unto Lessee the non- exclusive right to construct, operate and maintain the Weld County communication facilities ("Lessee's Facilities"), as described on Exhibit "B," upon the Property described in Exhibit "A" subject to the following terms and conditions: 1. The Lessee shall pay to Lessor an annual rental of One Thousand Two Hundred Dollars ($1,200.00) payable in advance on or before October 16, throughout the term of this lease. Lessee hereby agrees to pay the said annual rental amount for the first year of the lease upon signing of this lease. 2. Lessor and Lessee acknowledge that Lessee will require electrical power to Lessee's Facilities, as more particularly set forth on Exhibit B. Lessee, at its sole cost, will make necessary arrangements with service provider to meter and pay electrical service. Lessee may, at its sole cost, elect to install and maintain telephone to its facilities. 3. The term of the lease shall be for a period of one (1) year commencing on October 16, 2001, and ending on October 15, 2002. This Lease Agreement shall automatically renew from year to year unless either party gives notice of termination to the other party no later than thirty (30) days prior to the end of the then current annual term. 4. The Lessee shall be responsible for payment of all taxes or assessments, if any, on buildings and structures, or other personal property placed on said site by Lessee during the term and throughout the duration of the lease. 5. Lessor and/or agents representing Lessor has the right to oversee all activity during construction and dismantling of Lessee's Facilities. Regardless of the foregoing, Lessee remains responsible for all construction activities. 1 <2/-3/63 6. Lessee's Facilities shall be installed by Lessee at its sole expense in a workmanlike manner in compliance with all applicable building and electrical codes and all applicable laws, rules and regulations. Lessee's Facilities installed by Lessee on Lessor's Tower shall be firmly anchored to the Tower structure with tower fastener or straps. No penetrations or welds on Tower will be allowed. Electrical conduits and cables shall be attached to the Tower, which attachments shall not be greater than four (4) feet apart. All tower-fastening devices used by the Lessee shall be made of stainless or galvanized steel. Lessee may place a portable building for equipment at Lessor's Property no greater than ten feet (10') by ten feet (10') in size. If Lessee elects to place such a portable building for equipment at Lessor's Property, Lessee shall arrange for and pay all costs of the building, including erecting or installing the portable building. The said portable equipment building shall at all times be the responsibility of Lessee, and Lessee assumes all responsibility for maintenance, and damages arising therefrom of the building and all liability. 7. Lessee shall be responsible for the performance of any routine, or emergency repairs or maintenance on Lessor's Tower and Lessee's Facilities which may be necessary in order to maintain compliance with any applicable laws, during the term of this Lease Agreement. Notwithstanding the foregoing, Lessee shall be solely responsible for the performance of any routine, or emergency repairs or maintenance as to Lessee's Facilities and as to Lessor's Tower located at Lessor's Property. Lessee may replace or upgrade any of its communications equipment at any time Lessee deems such replacement or upgrade to be appropriate upon written permission granted by Lessor. Lessor shall respond to Lessee's request to replace or upgrade within a reasonable time. Lessee shall maintain its Facilities in accordance with reasonable engineering standards to assure that at all times Lessee and its operation are in conformance with all applicable laws, rules and regulations. 8. Lessee agrees to provide a list of names and telephone numbers of personnel that will be entering said Property. The list shall be updated on a regular bases in writing and sent to the following address: Facility Attachment Specialist, 550 15th Street, Suite 1000, Denver, Colorado 80202. In addition,Lessee agrees to abide at all times with rules and regulations as to site access and the like implemented from time to time by Lessor, but only after such time that Lessee has received written notice from Lessor of any such rules and regulations. to the extent rules and regulations implemented by Lessor after the date of the execution of this Lease Agreement materially interfere with Lessee's rights as detailed in this Lease Agreement,Lessee may terminate this Lease Agreement pursuant to paragraph 13 (a)below. 9. Lessee will be responsible for all costs associated with the construction of Lessee's Facilities. 10. All Lessee's Facilities shall be compatible with all other electric and/or communication equipment installed on Lessor's Property. Lessee's Facilities shall cause no interference. Lessee's communication equipment which will be placed on the ground must be approved by Lessor. All electrical connections must be performed by qualified electrical personnel. Notice of such work shall be provided by contacting the Ft. St. Vrain Power Plant Manager and Facility Attachment Specialist 24 hours in advance. 11. Lessee shall be responsible for obtaining any applicable permits, licenses or the like, as such pertain to the installation, operation, maintenance, repair, replacement, or ownership of Lessee's Facilities and this Lease Agreement. Neither party to this agreement shall be liable for delays in performance due to causes not reasonably foreseeable by that party to the extent such are 2 beyond that party's reasonable control, if such causes are the result of acts of God, acts of civil or military authorities, fires, floods, war or riot. Lessee's obligation to pay rent pursuant to paragraph one (1) herein shall be suspended with respect to any period when Lessor's Tower is not usable for Lessee's Facilities. 12. Lessee assumes responsibility for the negligent actions or misconduct of its officials, employees and agents in the performance or failure to perform incident to this Lease Agreement and for injury to or the death of any person, or physical damage to any property resulting from any act, omission, condition or other matter related to or occurring on or about Lessee's facilities located on Lessor's Property. In assuming responsibility for the negligent acts or omissions of its own officials, employees and agents in the performance or failure to perform incident to this Lease Agreement, the Lessee in no way assumes responsibility for the negligent acts or omissions of the employees or agents of Lessor. Notwithstanding any provision contained herein to the contrary, Lessee does not waive any immunities to which it is entitled by state statute. 13. This Lease Agreement may be terminated, on thirty (30) days' written notice as follows: (a) by either party on default of any term or condition hereof by the other party, which default is not cured within thirty (30) days following receipt of notice of default (b) by Lessee if it is unable to obtain or maintain any license, permit or other governmental approval necessary to the construction or operation of the facility of Lessee's business through no fault of Lessee; or (c) by Lessor if it needs use of the Property for business operations or due to sale of the property. If this Lease is terminated for any reason except defaults, neither party shall sustain any penalty or further liability by virtue of the fact of the termination 14. 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: Public Service Company of Colorado Attn: Plant Manager 16805 Weld County Rd 19 h Platteville, CO 80621 Copies to: Public Service Company of Colorado Attn: Facility Attachment Specialist 550 15th Street, Suite 1000 Denver, Colorado 80202 Public Service Company of Colorado Attn: Legal Department 1225 17th Street Denver, Colorado 80202 3 LESSEE: Weld County Information Services Attn: Shane Brown 915 10th Street,3rd Floor Greeley, Colorado 80631 15. Lessee, and all of Lessee's contractors or subcontractors, prior to the installation of any equipment, shall secure and maintain general liability insurance for claims for bodily injury or death and property damage with combined single limits or not less than $1,000,000.00 and $1,000,000.00 aggregate, and to have Lessor named an additional insured on such policy. Lessee further agrees to provide, keep in full force and effect, and require of its contractors or subcontractors, Workers' Compensation insurance pursuant to the laws of Colorado for all employees entering upon the Property. All insurance hereunder shall remain in force for the entire term of this Lease Agreement. Lessee represents that the foregoing obligations as to insurance are satisfied by virtue of its participation in the Colorado Counties Casualty and Property Pool as evidenced for the year 2001 in Exhibit C attached hereto. Lessee further represents that it will maintain such coverage throughout the term of this Lease Agreement. 16. Environmental Matters. (a) Lessee shall not use, store, place or maintain any hazardous materials on Lessor's Property. (b) "Hazardous Materials" means asbestos or any hazardous substance, waste, petroleum or materials as defined in any federal, state, of local environmental or safety law or hazardous regulation. 17. Lessee shall provide lessor final as-built drawings on 24" x 36" ink on mylar 30 days after the completion of the construction. All drawings must be certified by a professional engineer and/or surveyor licensed to practice in the State of Colorado. 18. This Lease Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. Lessee may not assign this Lease Agreement without the prior written approval of Lessor. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year just written above. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, COLORADO By: 271 / Date: 10/31/2001 M. J. Zile it ' ���% / d.' a FA ,f Attest: o Apo BY: �A dot • Deputy Clerk to the Bo.ty- 4 NOM? re4, PUBLIC SERVICE COMPANY OF COLORADO By: .61—.--(7/ Date: l--<'/cl/ 2, f @7 . „;43_r /'" Reviewed Legal 5 EXHIBIT A LEGAL DESCRIPTION Parcel of land situated in Section 3, Township 3 North, Range 67 West of the Sixth Principal Meridian, County Weld, State of Colorado. 190 foot lattice tower 6 EXHIBIT B EQUIPMENT LIST/CONSTRUCTION PLANS 1. 50 foot level — Radiowave SP6D, 6 foot diameter dish with radome plus (2) runs of 5/8 inch diameter coaxial cable 2. 75 foot level — RadiowaveSP4D, 4 foot diameter dish with radome plus (2) runs of 5/8 inch diameter coaxial cable 3. Enclosure — Concrete pad, Rittal CS outdoor unit, a battery backup with rectifier, AC circuit (30A @220 VAC) at enclosure location. 7 CO--:6-2 ..,, '.' C_J �„ �„v „ ".h .:,3L.C4C E n/tTi,T C, <.WtT/ OF 3 r. Certijicate of Participation Colorado Counties Casualty and Property Pool For the Coverage Period January 1, 2001 through December 31, 2001 WELD COUNTY Colorado Counties Casualty and Property Pool (CAPP)hereby certifies that Weld Conn is a participating Member of CAPP for the period beginning January 1,2001 through December 31, 2001. The coverages, conditions of membership, and other provisions applicable to members of CAPP are as described in CAPP's Bylaws and Intergovernmental Agreement and in the applicable excess policies,Policy Statements and endorsements thereto, copies of which have been or will be provided to Weld County. The types and monetary limits of the coverages provided to Weld County through membership in CAPP, in consideration of the payment of its contributions, are limited, as of the date of this certificate,to those which are shown below. The scope, terms, conditions, and limitations of coverages are governed by the aforementioned agreement and policies. 1. The types of coverages,subject to the limit on CAPP's liability in Section 11 below,are as follows: A. Property(including EDP, mobile equipment,and auto physical damage) B. Liability 1. Bodily Injury,Property Damage(General Liability, Auto Liability) 2. Wrongful Acts committed in the conduct of duties(Public Entity Management Liability) 3. Bodily Injury, Property Damage,Personal Injury(Law Enforcement Liability) 4. Errors or omissions in the administration of an insured's employee benefits (Employee Benefits Liability) 5. Injury resulting from healthcare professional services rendered by EMTs(Emergency Medical Professional Liability) C. Crime 1. Monies and Securities(inside) 2. Monies and Securities(outside) 3. Employee Fidelity D. Boiler and Machinery U. CAPP Retention,Aggregate Limits,and Member Deductibles For the coverages described in Section I, CAPP shall be liable only for payment of the self-insured retention and only ma total annual aggregate amount for members of CAPP as a whole of the amount of the CAPP loss fund for the coverage period. CAPP's per claim/occurrence retention are limited to the following for the foregoing coverages: A. $150,000 per claim/occurrence property B. $250,000 per claim/occurrence liability(per coverage line) C. $150,000 per claim/occurrence crime D. $5,000 per loss boiler and machinery In addition, there is a maintenance deductible of $500.00, which applies to each of the County's first 0CT 18 '01 12:29 9703520242 PPGE.02 00 . a _ .c:c1 - ,u . -HA Exn/x/r C cri'FFT 2 CT`' party claims/occurrences/losses. Payment of the deductible reduces the amount otherwise payable under the applicable CAPP retention. Pertaining to all liability losses, CAPP has purchased an aggregate retention protection of$4 million. Coverages in excess of the foregoing retention are provided only by the excess insurers in applicable excess policies, and are payable only by those excess insurers. The limits of coverage provided by the excess insurers are as follows: A. Liability From$250,000 per claim/occurrence to$2 million per claim/occurrence except for auto which is non-aggregated,subject to the following: All liability coverages are provided on a claims-made coverage form except for automobile liability,which is on an occurrence form. In no event shall the maximum per claim/occurrence payment exceed the following for general liability,auto liability,public entity management liability,law enforcement liability,employee benefits liability or medical professional liability claims subject to the Governmental Immunity Act: $150,000 per person and$600,000 per occurrence. Additional limits,sublimits and aggregates apply as provided in the applicable excess policies. B. Crime None C. Boiler and Machinery From $5,000 to the cost of repair/replacement for each actual loss sustained D. Property From$150,000 to$50,000,000 each occurrence. "All Risk"basis with sublimits of $1,000,000 newly acquired property and $5,000,000 new construction each occurrence. $500,000 unscheduled locations.Newly acquired property must be reported within 60 days. The excess insurer for the coverage period is: St.Paul Fire and Marine Information concerning the CAPP loss fund for the coverage period may be obtained by contacting CAPP through its Administrator, County Technical Services,Inc. (CYST). Colorado Counties Casualty and Property Pool By: len E. , CTSI Executive Director December 7, 2000 0CT 18 '01 12:23 9703520242 PRGE.03 U��-'G-� _�• „-" ti, ,_: �„ ,,,,V �, 'Nh 1,,, ., „35C„C4C „4/.0 I +. I 41 ' 11 I-NyIpL� II A N N {S y7 °IkC1Tv'""4;.'K I' NM .J,L T T/(.,n r CE0.TIFICA EE M92R00)4103 '. 0. . 'R i 14 v ��a it K rxl,:�:! w ,IAA., Ltf i;y0�j" 3[pQ}�,['/LY /FRO : ,,etU Q.4 ..J ail 'WC3e;`,.It1"4"1 P„_:veer .ti1Jn al 4 , w - ,w N ry u +4AI. .,eP TI11 ;. AND CONFERS S3A0 PRODUCER THIS CERTIFICATE IS ISSUED A9 A MATTER OF INFORMATION ONLY AND CONFER Marsh USA Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 1225 17th Sweet POLICY.THIS CERTIFICATE DOES NOT AMEND.EXTEND OR ALTER THE COVERAGE Deenver, 80202 AFFORDED BY THE POLICIES DESCRIBED HEREIN. Suite 2100 COMPANIES AFFORDING COVERAGE COC COMPANY 174XX-WELD-01235- A COLORADO COUNTIES CASUALTY&PROPERTY POOL INSURED COMPANY WELD COUNTY B St.Paul Fire 8 Marine Insurance Company cc COLORADO COUNTIES CASUALTY & COMPANY PROPERTY POOL 1700 BROADWAY SUITE 1512 C DENVER,CO 80290 COMPANY o it • w� r. Nu-LI D FI;.t 'gn This Is TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN F00. THE POLICY PERIOD INDICATED, UED OR MAY PERTAIN,THENNSURPNCE AFFORDED BY THE POM LICIES ES DESCRIBED HEREIN ItNDITION OF ANY s SUB ECT.TACT OR O ALR LOCUMENT L THE TERMS CONDITIONS AND EXTH RESPECT TO CLUSIONS OF THE CERTIFICATE CH POLICIES.CIESY SE.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO I POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION I LIMITS LTft TYPE OF INSURANCE DATE IMWDONYI DATE INN:DOTTYI GENERAL LU181 LITY GENERAL AGGREGATE $ Y .PER PARTICIPATION 01/01/01 01/01/02 PRODUCTS-COMR/OP ACC S 250,000 A X COMMERCIAL GENERALLIABIUT $ 250,000 a X I CLAIMS MADE OCCUR CERTIFICATE PERSONAL CCURREY INJURY EACH OCCURRENCE $ 250,000 Lawmen&CONTRACTOR'S PROT FIRE DAMAGE Any one OUR $ Ii I MED EXP(Any OnePARGR) $ - - AUTOMOBILE LIABILITY I COMRINEO SINGLE LIMIT $ I ANY AUTO IN JURY NJURY $ ALL OWNED AUTOS (Per ILY N SCHEDULED AUTOS BODILY INJURY $ HIRED AUTOS IPer BEOOent) NON-OWNED AUTOS PROPERTY DAMAGE I $ GARAGE UABILITY AUTO ONLY-EA ACCIDENT „,SL` �. 'I• Pie. IjEz jy� ' OTHER THAN AUTO ONLY: ! gNYAU D EACH ACCIDENT $ AGGREGATE $ - EXCESS LJASIUTY EACH OCCURRENCE $ 1,750.000 GP09100426 01/01/01 01/01/02 AGGREGATE ,$ • 1,750,000 B UMBRELLA FOAM $ X OTHER THAN UMBRELLA FORM wCSIA IU• I UIH• 1 W6RNERS COMPENSATION AND TORY IAIU' l ER R ENPLOYERB'UABIUTY EL EACH ACCIDENT $ THE PROPRIETOR/ r- INCL EL DISEASE-POLICY LIMIT _S. OFFCES ARE EI:UTNE EL DISEASE-EACH EMPLOYEE/$ OFFICERS ARE EXCL OTHER PER PARTICIPATION 01/01/01 01/01/02 $150.000.OED. $500 ALL A PROP,MOB ECU,AUTO PO CERTIFICATE REAL 8 PERSONAL PROPERTY B PROP,MOB EQU,AUTO PD GP09100425 01/01/01 01/01/02 $50.000,000 XS OF$150.000 DESCRIPTION CF OPERATiONS/LOCATIONSPIEHICLES/SPECIAL ITEMS(LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) CE RTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED y AND LOSS PAYEE AS RESPECTS LEASE OF COPY MACHINES q'P,ta SY;R ': .M/ Kt�l� Sitt l'4Gl^h�vY51, t'n 0 I, I4 , MOULD ANY OF TAO POLICIES DBSGRISEO NIACIN se CANCELLED BEFORE TMB EVFIRARON GATE TIERPOR TMe INSURER AFPDRDINO GOVWAOE WILL ENDEAVOR TO MAIL-3D OATS WRITTEN NOTDe TO THE I CBATFICATE HOLDER NAMED HURON.BUT FAILURE TO MAIL SUCH NOTICE MALL IMPOSE NO OBLIGATION OR LIABILITY or ANY KIND UPON TMI INSURER AFP0R0NG COVERAGE ITS AGENTS OR AIPRESENTATNIS. MARSH USA INC. n } C�t{ �TF, BY: Ray Leonard aw 'Tn .,p`: Ic$v^ $}�� T I^ .q Y5�.t�r.Tf?R'YRTn 1l1 Ie,,F,, r u.yr' 1 L Nz' fI IAi��� !sRr11�.���{t�aP1'^�.1,(,`U-4,+rw �f' 1t, .. ZIAWiZ/T C S/9EL/ 2 07$ OCT 18 '01 12:30 9703520242 PAGE.04 Xcei Energy- 414 Nicollet Mall Minneapolis,Minnesota 55401-1993 August 16,2001 To Whom It May Concern Re: Delegation of Authority Ladies and Gentlemen: In keeping with the need to conduct normal business in an expeditious manner, the following delegation of authority is provided: 1. This delegation of authority constitutes my authorization as required by Company Bylaws to act on my behalf and on behalf of Public Service Company of Colorado,doing business as Xcel Energy, for matters relating to Asset Permit Applications and Site Lease Acknowledgments for the installation of Personal Communication Services (PCS) equipment onto the Public Service Company of Colorado infrastructure. 2. David Baca is authorized to act as AGENT for the companies listed above. Authority is granted 'to sign and execute applications, contracts and agreements on behalf of the above named company up to a value of Thirty Thousand Dollars ($30,000.00). 3. Provisions of this mew will expire 14 August 2002. a( LA—try"' Ann Tessier Vice President Business Innovation Xcel Energy 550 15th Street,Suite 1000 Denver,Colorado 80202 October 29, 2001DI 0CT302001 Iii Cyndy Giaugque Weld County Attorney's OfficeWELD COUNTY 915 10th Street AnORNE1 S OFFICE Greeley, Colorado 80631 Re: Ft. St. Vrain Power Plant—Weld County Communication Site Dear Cyndy: Enclosed please find two original agreements for the above referenced project. Please have the proper authority sign both documents and return one to me with a check in the amount of$1,200.00. In the interest of saving time, please note that I have executed both documents so that Weld County may move forward with the project. If you have any questions, please do not hesitate to contact me at (303) 571-7685. As always, thank you for your assistance on this matter. Sincerely, David P. Baca Facility Attachment Specialist Enclosures 2001-3103 Hello