HomeMy WebLinkAbout20002129.tiff RESOLUTION
RE: APPROVE COMMUNICATION EQUIPMENT SITE LEASE FOR PAGING
TRANSMITTER AND AUTHORIZE CHAIR TO SIGN -VERIZON WIRELESS
MESSAGING
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 Communication Equipment Site
Lease for a Paging Transmitter 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 Department
of Regional Communications, and Verizon Wireless Messaging, with terms and conditions
being as stated in said lease, and
WHEREAS, after review, the Board deems it advisable to approve said lease, 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 Communication Equipment Site Lease for a Paging
Transmitter 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 Department of Regional
Communications, and Verizon Wireless Messaging be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said lease.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of September, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
Le ___
WE COUNTY, COLOR,._, ,.t, J
ATTEST: arbara J. irkmeyer, Char
Weld County Clerk tot :o ,/7-7
o;z
k+ M. •,
MJ. ile, Pro-Tem z:
BY: / •
Deputy Clerk to the �; UN��, L.-- (-1 ac.— _.j_
FORM:
George . Baxter
�_
APPROVED AS TO F - ^�
Dale K. Hall
�` � �� , l,U J,
S:dunty Attofiey \\ --_
Glenn Vaad �_1
2000-2129
(4,)2 !`-//, e,9 CM0012
COMMUNICATION EQUIPMENT
SITE LEASE
Date : g
Lessor: b '-L..' (!ex. �, &ictAtiki " Lessee:
1lair^itoo W Ail /7`c
>,s,elcs !`' h4e3�wy�wy
�TA/ )7 AA.. (O37S�i f>' rv,iIc( '0
IS ids '' f Pi/er Co re,_2_3
844 3, _ -----
Premises: cf?/S lc .7
/C r1,.P 4.4 (C3 ove/d) --�—
Coordinates 2.5 2,4 Lat /0g-9/ -33- Long
Egsipment: 6 � 4iry /,T19/1•%7+, ----_
Frequencies : r:' / • r 3 s a----
r
Monthly Rent : 5'CA:.) Term:
Electricity & Utilities are to be paid by
Renewal Terms :
Additional Terms :
A copy of any notice to Lessee shall also be sent to: AirIouch
Paging, 12221 Merit Drive, Suite 800, Dallas, Texas 7E251,
Attention: i 1 Department .
This Lease ronsists of the above terms and conditions, all exhibits
attached hereto, and the terms and conditions on the reverse side
of this page (Additional Te;:ms and Conditions" ) , which ar
incorporated herein by this reference .
IN WITNESS WHEREOF, the parties have caused this Lease to be signed
by their respective duly authorized representatives .
Lessor. / Lessee :
By 1- By: /6-7-)
---_
Title : elIrk, ip L' Id Title: A✓/
._ d t' ) /1 >r ,-T1
Capynflu (c) 1991. 1995 AwTa3=h Paging1
61/71,1C0/2..
1. Lease of Premises. Lessor hereby agrees to provide Lessee with facilities Premises with a reasonable reduction of rent from the time of such partial
for housing and operating certain transmitting equipment,including destruction or condemnation until the Premises are returned to the same
installation of antennae or antenna systems and the space required to nun condition as before being partially destroyed or condemned;provided.
cables between the equipment and the antenna or antenna systems set forth however,that if such partial destruction or condemnation shall occur within
on the front side hereof("Equipment")at the location set forth on the front tiie six(6)months prior to the termination of this Lease,either patty may
side hereof('Premises"). Lessor agrees to not make any alterations or terminate this Lease without further liability except for rent up to the time of
additions to the Premises which would require further filings by Lessee with such destruction or condemnation and any rent prepaid by Lessee shall be
the Federal Communications Commission("FCC")without sufficient prior returned to it.
written notice to Lessee to allow Lessee to file with the FCC the relevant 5 Tower Lighting and Indemnification. Lessor and Lessee are required by
filings. All Equipment shall remain Lessee's property and no title,lien, Part 17 of the FCC Rules to ensure that tower structures upon which radio
security interest,or encumbrance is given hereunder to Lessor. The Lessee antennas are located satisfy certain lighting and marking specifications. As
shall have the unrestricted right of access to the Premises 24 hours a day,7 operator of the subject tower,Lessor hereby assumes responsibility for
days a week. Lessee,at its sole expense,shall take all measures and ensuring that such tower structures are operated in compliance with all
precautions which it believes reasonably necessary to render its Equipment lighting and marking requirements. On a daily basis,Lessor agrees either to
inaccessible to unauthorized persons. Lessor shall furnish the Premises to visually inspect all tower lights or to observe the operation of at:automatic
Lessee in good condition. Lessor shall maintain the Premises in a good device designed to control such lights. Alternatively,Lessor may maintain
condition and in a manner which will not interfere with Lessee's reasonable an automatic slam system designed to detect any lighting failure. Lessor
use of the Premises. Upon expiration,cancellation or termination of this shall also be responsible for notifying the local FAA Flight Service Station
Lease,Lessee will have the right to remove its Equipment from the Premises within thirty(30)minutes of any failure or malfunction of its flashing tower
at Lessee'sole cost and expense. However,upon vacation of the premises, lights. Lessee shall at all times comply with all laws and ordinances and all
Lessee shall deliver the Premises in substantially the same and in as good a rules and regulations of municipal,state and federal governmental
condition as received,except for ordinary wear and tear,or damages to the authorities("Laws and Ordinance")relating to the installation,maintenance,
premises due to causes beyond Lessee's control. location,use,operation and removal of its Equipment,and other alterations
or improvements authorized herein,and shall fully indemnify Lessor against
2. Rent and Term. The monthly rental to be paid by Lessee to Lessor shall any loss,cost or expense which may be sustained or incurred by it as a result
be as specified on the front side hereof,including all applicable sales and use of the installation,operation,or removal of said Equipment. Lessor shall at
taxes,payable on the first day of each month commencing upon installation all times comply with all laws and ordinances and all rules and regulations
of Lessee's Equipment at the Premises. If the commencement date of this of municipal,state and federal governmental authorities relating to the
Lease is not on the first day of the month,the rental for that first partial installation,maintenance,location,use,operation and removal of the towel
month shall be prorated on a daily basis,as will the rent for the last partial structures and the Premises and Lessor hereby indemnifies and holds Lessee
month in the term of this Lease. Electricity and other utilities are to be paid harmless from and against any and all costs,claims,liability or damage
and provided for as specified on the front side hereof. Lessor shall be caused by or arising from(i)a failure to comply with such Laws and
responsible for the declaration and payment of any applicable taxes or Ordinances,and(ii)a failure or malfunction of Lessor's tower lights or a
assessments against the property owned by Lessor. Lessee agrees to pay all failure to comply with all FCC and FAA rules regarding tower I iisiving anti
such taxes which are assessed against the Lessor and/or the Lessee due to marking.
the personal property and improvements constructed or maintained by
Lessee on or about the Premises:provided,however,Lessee shall have prior 6. Insurance:Mutual Waiver of Subrogation. Without limiting in any way
notice of any taxes for which it is to be charged,so as to be given the the foregoing indemnification obligations,both parties,at their sole expense,
opportunity to appear before the taxing authority and contest said shall maintain comprehensive general liability and casualty insurance in
assessment. The tern of this Lease shall be for the turn specified on the amounts satisfactory to the other with respect to their respective property and
front side hereof beginning on the date hereof At the end of the term unless obligations hereunder. A program of self-insurance shall he acceptable.
it has been renewed as provided herein,if Lessee holds over,this Lease shall Both parties hereby agree not to assign to any insurance company any right
continue for month to month terms at the same rent,and may then be or cause of action for damage to the property of other which such party now
terminated by either party upon providing the other party with at least thirty has or may subsequently acquire against the other during the tens,of this
(30)days written notice of intent to terminate. This Lease may be Lease and both parties expressly waive all rights of subrogation for suet
terminated at any time by either party upon 90 days written notice to the damage. It is specifically understood this provision shall apply only where
other party of its intent to terminate. Upon giving written notice to Lessor at such insurance as described herein allows The insured to enter into provisions -
least sixty(60)days before the expiration of the initial term herein,Lessee waiving subrogation rights and this provision shall apply only as respects
shall have the option to renew this Lease on the same tenns and conditions insured loss to the property described herein. Notwithstanding avty term or
as contained herein for additional term(")set forth an the front side hereof provision in this Lease to the contrary,Lessee specifically does ROI waive
with a rental adjustment reflecting only Lessor's increased costs and expense any rights to which it is entitled for governmental immunity.
directly related to the operation and maintenance of the facilities leased,and
in no event shall exceed the lessor of(i)10%of the monthly rental payment 7 Notices. Any notice or demand required hereunder shall be made by
specified herein,or(ii)the increase in the consumer price index in that area certified mail in a sealed envelope,postage prepaid,addressed to the other
for the preceding year. Lessee,at its sole expense,shall have the right to patty at the address set forth on the front side hereof Any such notice cr
inspect and audit the books and accounts of Lessor relating to any increased demand shall he deemed to have been given or made at the time it is
costs of operating and maintaining the Premises. deposited in the United States Post Office.
8. Assignment and Sub-Leasing. Lessee shall have the right at any time,
3. Electrical Interference. Lessor will not grant a lease to any other patty,if with Lessor's prior consent(which consent will not be unreasonably
such use would in any way effect or interfere,electrically or otherwise,with withheld),to assign this Lease or to sublet the Premises or any part thereof.
Lessee's operation of its Equipment and such other party shall accept such provided,however,that lessee may assign this Lease without Lessor's
Lease conditioned upon such non-interference with Lessee's Equipment. consent to Lessee's affiliates and subsidiaries.
Lessee shall have the right to terminate this Lease upon ninety(90)days
prior written notice should its reception or transmission be interfered with or 9 Miscellaneous. Time is of the essence of this Lease. This Lease
affected by other antenna and equipment,or by obstacles such as buildings, constitutes the entire agreement of the parties hereto and shall supersede all
additions,towers or other structures which might be constructed or prior offers,negotiations and agreements. No revision of the Lease shall be
maintained in Lessee's receiving or transmitting paths after the date of this valid unless made in writing and signed by authorized representatives of
Lease. Lessor and Lessee. If either party commences an action against the other,
the prevailing party in any suds action shall recover from the other party its
4. Duty to Repair. If the Premises are,in whole or in part,destroyed or reasonable attomey's fees and expenses incurred,and the right to such
condemned(whether by eminent domain or otherwise_then(I)if wholly attorney's fees and expenses shall be deemed to have accrued from the
destroyed or condemned,then this Lease shall terminate without nutter commencement of such action. This Lease shall be governed by the laws of
liability except for rent up to the time of such destruction or condemnation the State of Colorado. Failure by Lessee to perform any obligation under
and any rent prepaid by Lessee shall be retumed to it;but(2)if only partially this Lease shall not constitute default,unless Lessor gives written notice of
destroyed or condemned,and still useable,in Lessee's sole judgement,by such failure to Lessee and Lessee fails to correct such failure within sixty,
Lessee for its imposes,then Lessor shall,within thirty(30)days,repair the (60)days of that notice.
ADDENDUM TO LEASE
Tower Lighting./Marking Requirements . [Applicable Only to
Lease of Space on Towers Exceeding 200 Feet in Height or within
Close Proximity to Airport . ]
As an FCC licensee, Lessee is required by Part 17 of the
FCC Rules to ensure that tower structures upon which its radio
antennas are located satisfy certain lighting and marking
specifications . As operator of the subject tower, Lessor heresy
assumes responsibility for ensuring that said tower is operated in
compliance with all lighting and marking requirements . On a daily
basis, Lessor agrees either to visually inspect all tower lights or
to observe the operation cf an automatic device designed to control
such lights . Alternatively, Lessor may maintain an automatic alarm
system designed to detect any lighting failure . Lessor shall also
be responsible for notifying the local FAA Flight Service Statioll
within thirty minutes of any failure or malfunction of its flashing;
tower lights . Lessor agrees to indemnify and hold harmless Lessee
• from and against any all costs, claims, liability or damage caused
by or arising from a failure or malfunction of Lessor' s toner
lights or a failure =o comply with all FCC and FAA rules regarding
tower lighting and marking.
lc�
Hello