HomeMy WebLinkAbout881213.tiff RESOLUTION
RE: APPROVE ANTENNA SITE LEASE WITH RADIO COMMUNICATIONS CORP. ,
AND AUTHORIZE CHAIRMAN TO SIGN
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 an Antenna Site
Lease with Radio Communications Corp. , and
WHEREAS, the terms and conditions are as stated in 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 Antenna Site
Lease with Radio Communications, Corp. , be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 21st day of
December, A.D. , 1988 .
1/2
BOARD OF COUNTY COMMISSIONERS
ATTEST: � I� /-< „� P WELD COUNTY, COLORADO
Weld County Clerk and Recorder EXCUSED DATE OF SIGNING - AYE
and Clerk to the Board Gene R. Brantner, Chairman
BY: .Q/f / C.W. Kiry, o-Tem
Deputy aunty rk
APPROVED AS TO FORM: ac ;ue
C -17L.--Ckeer_s2 Go � . ':r3/L: y
County Attorney w ./C "�"-/ e,
Frank "amaguchi
881213
1 + ) (
ANTENNA SITE LEASE
This LEASE AGREEMENT, made as of this first day of January, 1989,
between RADIO COMMUNICATIONS CORP. , having an office at 3115 35th Avenue,
P.O. Box 5338, Greeley, Colorado 80631, hereinafter called "Lessor" and
Board of County Commissioners of the County of Weld, State of Colorado,
herein referred to as "County" or "Lessee" , having an office at 915 10th
Street, Greeley, Colorado 80631.
WITNESSETH:
The Lessor agrees to lease to the Lessee an Antenna Site on a tower
located on a part of the following described real property, located in the
County of Weld, State of Colorado, to Wit:
A tract of land located in the E/2 of the E/1 of Section 23, Township
5 North, Range 66 West of the 6th P.M. , Weld County, Colorado and being
more particularly described as follows:
Commencing at the Northeast corner of said Section 23 and considering
the East line of said Section 23 to bear South 00 degrees 59'40" East and
with all other bearings herein relative thereto; thence S 00 degrees 59'40"
E, 180.00 feet; thence S 89 degrees 00'00" W, 557.04 feet; thence N 00
degrees 59'49" W, 202.86 feet; thence S 54 degrees 31'00" E, 38.45 feet to
an existing brass cap monument being a corner of property described in Book
613 as Reception No. 1535445, Weld County Records; thence N 89 degrees
00'00" E, 526. 12 feet to the True Point of Beginning.
Together with associated building space on the above described premises ,
space allocation will be per floor plan and space so designated, necessary
for related radio equipment. The right of ingress and egress will be
through personnel of Empire Dispatch of Northern Colorado, Inc. , Business
Radio communications or Radio Communications Corp.
1. Terms of this lease shall commence on the 1st day of January 1989
for an initial term of five (5) years.
The County shall have the right to extend this lease for an
additional two (2) five (5) year terms at the prevailing site
rental cost by giving Radio Communications Corp. written notice
of its intention to do so at least six (6) months prior to the
end of the then current term.
2. RENT. The Lessee shall pay the Lessor a rent of $285.00 per
month for the tower and building space, to include the following
equipment: three (3) radio boxes, and one (1) combiner box for
the initial term of this Lease, the first payment to be made to
the Lessor by the Lessee on the 1st day of January and said
monthly payments to continue on the first day of each month
throughout the term of the Lease.
(Page 1 of 5)
861213
3. INSTALLATION. The antenna site is to be used by the Lessee for
the installation, operation and maintenance of two-way radio
equipment, including base station, combiner, antennas, cabling or
wiring and accessories used therewith. All equipment that is
placed on the premises by the Lessee must be approved by the
Lessor prior to its installation. All equipment that is brought
into the premises by the Lessee and which is approved by the
Lessor shall at all times during the term of and after this Lease
be the personal property of the Lessee.
Installation will be approved by Lessor and corrections or
modifications requested by Lessor will be made within a period of
30 days. If not completed within that period, correction will be
made by Lessor and charges for correction will be billed to
Lessee at prevailing rates.
4. MAINTENANCE BY LESSEE. Lessee, at its own expense, shall
maintain Lessee's property in accordance with reasonable
engineering standards to assure that at all times Lessee's
property and its operation is in conformance with the
requirements of the Federal Communications Commission and/or all
other public authorities with jurisdiction over the Lessee.
Upon termination or expiration of this Lease, Lessee will
surrender the premises to the Lessor in good condition except for
reasonable wear and tear or for damage due to causes beyond
control or without Lessees fault or negligence.
5. REMOVAL OF LESSEE'S EQUIPMENT UPON TERMINATION. Lessee agrees to
remove its antenna and equipment, at its expense, within fifteen
(15) days after termination of this Lease Agreement.
6. ASSIGNMENT. Lessee shall not assign or transfer this lease
without prior written consent of Lessor. Nothing herein shall
preclude the sale by Lessor of all or any portion of its property
which includes the leased premises , providing that this Lease
shall be binding upon and inure to the benefit of Lessor's
successor and/or assigns.
7. INSURANCE. The Lessee hereby assumes all risk and responsibility
for, and agrees to indemnify and save harmless the Lessor, from
and against any and all claims, demands, suits, actions,
recoveries, judgments and costs and expenses in connection
therewith made, brought or obtained on account of the loss of
life, property or injury or damage to the person or property of
any person or persons whosoever, whether such person or persons
be the Lessor, its agents or employees, or the Lessee, its agents
or employees, any contractors or subcontractors employed by the
Lessee, their agents and employees, or any third person in no way
connected with the parties hereto which loss of life or property,
or injury or damage to persons or property, shall be due to or
arise out of, or result from, the negligence of Weld County,
Colorado, by and through the Board of County Commissioners of
Weld County, its employees and agents, in connection with this
Lease or any work done thereunder.
(Page 2 of 5)
681.213
The Lessee shall procure and maintain comprehensive public
liability and property damage insurance for work under this lease
in an insurance company or pooled or individual self-insurance
fund approved by the Insurance Commissioner of the State of
Colorado, covering all its operations and activities on or in
connection with the leases premises with a single limit of not
less than $500,000.00 and shall furnish Lessor with a certificate
evidencing such insurance and stating that such coverage shall
not be cancelled or changed until Lessor shall be given thirty
(30) days' notice in writing. The insurance must be carried
throughout the term of this lease.
The Lessee shall procure and maintain, before commencing any
installation and/or maintenance work on the tower, a certificate
of insurance covering workmen's compensation, insurance in a
responsible insurance company, or individual or pooled
self-insurance fund acceptable to the Insurance Commissioner of
the State of Colorado, and said insurance shall provide for
payment of all compensation in accordance with the laws of the
State of Colorado for all workmen employed and employees of the
Lessee. Lessee agrees that its contractors and subcontractors
shall be subject to comparable requirements before performing
work on the site. The Lessee shall provide the Lessor with said
certificate of insurance prior to commencement of any
installation and/or maintenance provided in this Lease.
8. UTILITIES. Lessor agrees to provide commercial and adequate
power facilities to the Lessee on a cost-shared basis and Lessee
hereby agrees to pay the Lessor on a monthly basis whatever is
due under this cost-shared arrangement. Automatic switchover
standby power will be provided by Lessor.
Lessee shall be responsible for securing any other utility
service it requires, other than electric power.
9. MODIFICATIONS BY LESSEE. If the installation and operation of
Lessee's equipment on the premises causes any interference,
electrical or otherwise, with the Lessor's building and
equipment, Lessee will be responsible for the modification of its
antenna and equipment so as to correct any such interference. If
not corrected within 30 days, interfering equipment will be
turned off until corrected.
10. SERVICE INTERRUPTIONS. The Lessor shall not be responsible for
any service interruptions caused by loss of commercial power,
acts of God, or any other circumstances which are beyond Lessor's
control.
11. COST OF SPECIAL ENGINEERING. Lessee will be responsible for the
cost of any special engineering required for interference free
operation of the Lessee's equipment.
(Page 3 of 5)
X1213
12. ACCESS TO PREMISES. Lessor will have control as to which
agents and/or employees of the Lessee will be entitled to
access to the premises and building and Lessee agrees to
provide Lessor with the names of said agents and/or
employees prior to their entry upon the premises.
Lessee further agrees to maintain a written log book on the
premises and said log book will reflect who was on the
premises, and when they were on the premises.
13. INDEMNIFICATION. Lessee agrees to indemnify Lessor against
any expense, loss or any liability suffered or incurred by
Lessor as a result of any breach by Lessee, Lessee's agents,
employees, customers, visitors, or licensees.
14. NOTICE. Any notices required or permitted hereunder, shall
be in writing and delivered either in person or to the other
parties hereto or the other parties authorized agents, or by
United States Certified Mail, Return Receipt Requested,
postage fully pre-paid, to the addresses set forth herein
below, or to such other address as the parties may designate
in writing and deliver as herein provided.
15. MODIFICATIONS BY LESSOR. If in the normal installation and
operation of said site, Lessor requires modification of site
equipment such as combining of antenna's and etc. , cost of
which will be bore on a shared cost by all users of said
property.
This contract constitutes the entire agreement of the
parties hereto and shall supersede all prior offers,
negotiations and agreements entered into by the parties. No
revision of this contract shall be valid unless made in
writing and signed by an officer of the Lessee and an
officer of the Lessor.
(Page 4 of 5)
881213
IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals the day and year first above written.
"LESSOR" RADIO COMMUNICATIONS�LA&p,
C:11a#04.,,S, -4:2
ellifi'---)
"LESSEE" BOARD OF COUNTY COMMISSIONERS OF
THE COU OF WELD.
By A409 ir eat.
Chairman
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
al
Subscribed and sworn to before me this 2,7 - day of /ec.„,4✓ 19 8Y by
Richard Redfern for Radio Communications Corp.
WITNESS my hand and official seal.
My Commission expires: .J
Nota Pub i'1 c
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
scribed and sworn to before me this 21stday of December 19H by
/L itiAChairman of the Board of
County Commissioners.
WITNESS my hand and official seal.
My Commission expires: /%�
ATTEST:
s at` PYib 1^'^ N ary 11 BY: „e„,Deputy Ce
(Page 5 of 5)
SS1213
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CERTIFICATE OF PARTICIPATION
Colorado Counties Casualty and Property Pool (herein called CAPP) hereby certifies that Weld County is a
participating member of CAPP for the period beginning July 1, 1988 through June 30, 1989.
The coverages, conditions of membership, and other provisions applicable to members of CAPP are described
in CAPF's Bylaws, and in the excess policies obtained by CAPP, a current copy of which is provided to the
County.
In addition to other limits, the coverages provided to Weld County through membership in CAPP and in
consideration of the payment of its animal contribution are limited to:
Property (Includes EDP, Mobile Equipment, Auto Physical Damage):
$50,000,000 Each Occurrence
*"All Risk" basis with subli.mits of $1,000,000 newly acquired property and $1,000,000 new
contruction each occurrence. $500,000 unscheduled locations
**General Liability:
Bodily Injury/Property Damage: $ 400,000 Each Claim
**Automobile Liability:
Bodily Injury/Property Damage: $ 400,000 Each Claim
Personal Injury Protection: Statutory
**Errors & Omissions: $ 400,000 Each Claim
$ 1,000,000 Aggregate
Crime Coverages:
Monies & Securities (Inside): $ 150,000 Each Lose
Monies & Securities (Outside): $ 150,000 Each Loss
Employee Fidelity: $ 150,000 Each Loss
**Excess Liability (Federal and Out of State only):
$ 600,000 Each Claim
Maintenance Deductible: $ 500 Each Claim
Applying only to Property, Auto Physical Damage & Crime Losses
*Newly acquired property must be reported within 60 days.
**Claim Made Coverage Form
CAPP retains $150,000 each claim/loss for property and $250,000 each claim/loss for liability to a
combined total annual aggregate of $3,000,000 for all CAPP members with an additional mmdmiun of
$1,000,000 provided by excess insurers above the $3,000,000; thus the total coverage available to CAPP
members for the first $150,000 per person of loss and loss expense will be $4,000,000 for the year,
including defense costs and associated expenses.
COLORADO CO CASUALTY & PROPERTY POOL
By: /7
Warren G. SehmTQistr d or
Colorado Counties, Inc. Pool Management Services
881213
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