HomeMy WebLinkAbout950512.tiffLEASE AGREEMENT
This Lease Agreement is entered into this day of
November, 1994, by and between William E. Dumler and Vera L. Dumler
("Lessor") and Denver Television, Inc., a Delaware Corporation
("Lessee").
WHEREAS, Lessor is the owner of certain real property situated
in the Southeast Quarter of Section Nineteen (19), Township Eight
(8) North, Range Sixty -Six (66), West of the Sixth (6th) P.M., Weld
County, Colorado (the "Property"); and
WHEREAS, Lessee has agreed to lease from Lessor, and Lessor
has agreed to lease to Lessee, approximately thirty-nine (39) acres
of the Property as more particularly described on Exhibit "A"
attached hereto and by this reference incorporated herein, (the
"Premises"); and
WHEREAS, Lessee is leasing the Premises for the purpose of
constructing and operating thereon a communications transmission
tower, with a maximum height of seven hundred thirty-five (735)
feet and such additional accessory buildings and equipment as
Lessee deems necessary for the operation of such tower (the "New
Tower"); and
WHEREAS, Lessee has constructed the New Tower on the Premises
and has obtained approval from the Federal Aviation Administration
and the Federal Communications Commission for the operation of the
New Tower thereon; and
WHEREAS, Lessor leases approximately sixteen (16) acres
adjoining the Premises to Wells-Tennessen Tower Company, a Colorado
general partnership ("Wells-Tennessen"), under a lease dated April
1, 1975 as subsequently amended (the "Existing Lease"). Wells-
Tennessen owns and operates a communications transmission tower and
accessory buildings and equipment on this leased property (the "Old
Tower"); and
WHEREAS, Lessee has obtained authorization from appropriate
land use authorities for the operation of both the Old Tower and
the New Tower on the Property through December 31, 1995; and
WHEREAS, Lessee and Lessor desire to obtain authorization from
appropriate land use authorities for the continued operation of
both the Old Tower and the New Tower on the Property beyond
December 31, 1995.
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, it is agreed as follows:
1. LEASE. Lessor hereby leases the Premises to Lessee, and
Lessee hereby leases the Premises from Lessor, for the purposes
described herein.
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2. PURPOSE AND USE OF PREMISES. Lessee shall use the
Premises to maintain and operate the New Tower. In connection
therewith, Lessee shall use no more than two (2) acres within the
Premises as the actual site for the communications transmission
tower, additional buildings and equipment. Such two (2) acre site
(the "Tower Site") is more particularly identified on Exhibit "B"
attached hereto and by this reference incorporated herein. In
addition, Lessee may use the Premises for ingress and egress
purposes, for guy wires and anchors and to provide sufficient area
for a "clean fall area" (i.e. in the event the tower should fall,
an area sufficient to contain the fallen tower) as Lessee deems
necessary to operate and maintain the tower.
Lessee acknowledges that some acreage within the Premises may
be under a federal soil conservation program and that execution of
this Lease Agreement may reduce the acreage eligible for the
program and may require Lessor to pay certain sums back to the
federal government. Lessee shall reimburse Lessor for any
reduction in revenues from the soil conservation program because of
this Lease Agreement through 1998, provided that the total amount
to be paid by Lessee shall not exceed one thousand dollars
($1,000.00).
Lessor shall have the right, or may grant such right to a
third party, during the term of this Lease Agreement, to use the
acreage within the Premises (but not including the Tower Site) for
farming or other uses which are permitted by local land use
authorities and are not in conflict with Lessee's operation of its
communication transmission tower and other related facilities on
the Premises. However, Lessee's consent to any use other than a
farming use shall be required. Lessee's consent shall not be
unreasonably withheld and shall be granted if the proposed use will
not interfere in any manner with the quality of transmissions or
the maintenance and operation of the communication transmission
facility on the Premises. Lessor shall not be required to make any
payment to Lessee for the right to use the Premises as permitted
herein. Lessor, or the party permitted by Lessor to conduct other
operations on the Premises, shall have the sole responsibility for
any damage or liability caused by such operation. Lessor shall
indemnify Lessee and hold it harmless from any and all claims and
demands for damages to property and injury or death which may arise
out of or be caused by any such use on the Premises or by any other
acts or omissions by Lessor, its agents, employees, invitees or
others on the Premises at the instance of Lessor. Should Lessor
elect to conduct, or permit a third party to conduct, farming or
other operations within the 2 -acre Tower Site or the Clean Fall
Area, then any damage caused to the farming or other operations of
Lessor or its agents, employees, invitees or others on the Premises
at the instance of Lessor, within the 2 -acre Tower Site and the
Clean Fall area, by reason of the conduct of Lessee's operations
permitted under this Lease Agreement, including damage to crops and
equipment, shall be the expense of Lessor and Lessee shall have no
liability whatsoever for such damage.
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Lessor shall carry, in connection with Lessor's operations on
the premises, and require that any third party using the Pren ses
under Lessor's authority carry, insurance in an amount that is
reasonable and necessary to protect against any and all CH
demands, actions, judgments, costs, expenses and liabilities :•aTilch
may arise or result, directly or indirectly, from the use of -ehe
Premises by Lessor or such third party, except such liability as
shall arise out of the negligence of Lessee. Lessee shall be named
as an additional insured on such insurance. Lessor shall also
carry, or require any such third party to carry, such insurance as
is required to protect it from all claims under any workmens'
compensation laws in effect that may be applicable to Lessor. All
insurance required hereunder shall remain in force so lone as
Lessor uses the Premises as permitted herein. Lessor's use of the
Premises in a federal soil conservation program shall not impose
upon Lessor an obligation to comply with the insurance requ rems-:ts
of this paragraph 2.
3. ADDITIONAL TRANSMISSIONS. Lessor agrees that Lessee
shall have the right to review and approve any proposal for
additional transmission operations on the Premises or within the
Southeast Quarter of Section 19, Township 8 North, Range 66 Wes. of
the 6th P.M., and no other transmission operations shal.) be
conducted within the Premises or on said quarter section without.
Lessee's consent. Lessee shall not refuse such consent unless it
reasonably believes that the additional transmission operL1.t'Thns
proposed will interfere with the quality of transmissions from tho
New Tower or the maintenance and operation of the New Tower or the
Premises. If Lessee reasonably believes that any additional
transmission operation would create an interference, Lessee :gall
provide Lessor with written notice, and supporting document;'.ion
therefor, setting forth in detail the specific reasons theproposed
use would interfere with the quality of its transmissions or the
maintenance and operation of the New Tower on the Premises. the
parties agree to negotiate in good faith all issues invo.ving
Lessee's review and approval of additional transmission operations.
The restrictions contained herein shall not apply to the Old Teter.
This restrictive covenant shall run with the land and bind all who
take an interest from and through Lessor.
4. PURCHASE OF OLD TOWER. Lessee has agreed to pur;razsro the
Old Tower and the Existing Lease from Wells-Tennessen. :UAL -''M,
Inc. ("KUAD") holds a license from Wells-Tennessen to .ica(:Tnst-
from the Old Tower (the "KUAD License"). KUAD asserts tu- '_.L -
holds a right of first refusal to purchase the Old Tower. Lessee
does not believe that such asserted right of first refusal is valid
but understands that Wells-Tennessen will offer KUAD a ricih6 to
purchase the Old Tower under the same terms and cond `.ions as
provided in the purchase agreement between Lessee ar. -
Tennessen. If KUAD does not exercise its professed right
refusal in connection with the Old Tower, Lessee will complete its
purchase, and in that event, the parties agree (i) the 'xir'.ing
Lease shall be cancelled; (ii) the Property subject to thy.: '1:x1r_ing
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Lease shall become a part of the Premises leased herein, with no
increase in rent; and (iii) the terms of this Lease Agreement shall
apply to the sixteen (16) acre tract previously subject to the
Existing Lease and the Old Tower and ancillary improvements located
thereon.
5. TERM. The term of this Lease Agreement is thirty (30)
years, beginning June 1, 1994 and ending May 31, 2024 ("Lease
Term").
6. RENTAL CONSIDERATION.
6.1 LUMP -SUM RENTAL CONSIDERATION. Lessee shall
pay Lessor, as rental consideration, the sum of five
thousand dollars ($5,000.00) upon execution of this Lease
Agreement.
6.2 MONTHLY RENTAL CONSIDERATION. Lessee shall pay
Lessor two hundred twenty dollars ($220.00) per month as
rental consideration for the first five (5) years of this
Lease Agreement. Beginning in the sixth (6th) year of
this Lease Agreement, the rent payment shall be two
hundred fifty dollars ($250.00) per month. Beginning in
the eleventh (11th) year of this Lease Agreement, the
rent payment shall be three hundred dollars ($300.00) per
month. Beginning in the twenty-first (21st) year of this
Lease Agreement, the rent payment shall be four hundred
dollars ($400.00) per month. These payments are
hereinafter referred to as "Monthly Rental".
6.3 COST OF LIVING ADJUSTMENT FOR MONTHLY RENTAL
CONSIDERATION. At the beginning of the eleventh (11th)
year of this Lease Agreement and again at the beginning
of the twenty-first (21st) year of this Lease Agreement,
the Monthly Rental shall be adjusted to reflect the total
cost of living change over the prior ten (10) year
period,. unless the cost of living change over the prior
ten (10) year period decreases, in which case, no
adjustment shall be made for the ensuing ten (10) year
period. The adjustment in the Monthly Rental for the
ensuing ten (10) year period shall be the same percentage
as the total percentage charge in the cost of living
average for the previous ten (10) year period of this
Lease Agreement as reflected by the "All -Items Figures"
set forth in the "Revised Consumer Price Index -- Cities
(1982-84 = 100) -- All -Item Figures for All Urban
Consumers" published by the United States Department of
Labor, Bureau of Labor Statistics, compounded annually.
If said index is not published throughout the continuance
of this Lease Agreement, thca another index generally
recognized as authoritative shall be selected by Lessor
and applied. The new Monthly Rental shall be paid on the
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first (1st) day of the first (1st) month beginning in,
such following ten (10) year period and shall be paid
throughout that ten (10) year period.
6.4 RENTAL CONSIDERATION FROM EXISTING USERS.
Wells-Tennessen has granted the right to use the Old
Tower for transmission purposes to four entities (the
"Existing Users"). The Existing Users are more fully
described on Exhibit "C" attached hereto and by this
reference incorporated herein. The agreements identified
as 2, 3 and 4 on Exhibit "C" have been amended between
Wells-Tennessen and the user to permit the user to
terminate the agreement if the user elects to move to the
New Tower and removes its transmission equipment from the
Old Tower by no later than June 30, 1995.
During the first ten (10) years of the Lease Te'
hereunder, Lessee shall pay Lessor twenty-five perce.:,
(25%) of any increase in the gross amount received by
Lessee as rental or fees from the Existing Users or any
amendments or extensions to their agreement over the
amount of such licenses or fees as of the date of thin
Lease Agreement. Any amount due hereunder shall tc
payable to Lessor monthly. This shall only apply to an
increase in rentals or fees and not to any increase which
is due because of an increase in the Lessee's expensen
for fire, extended coverage, liability insurance
utilities as may be provided in the agreement. If an
Existing User is terminated on account of an election to
move to the New Tower and an agreement is entered into
between Lessee and such user, such agreement shall be
considered an amendment of the Existing User's agreement
and not a new agreement, for purposes of payment of
rental consideration under this Lease Agreement. It in
understood and agreed by the parties that, in the event
Lessee is unable to purchase the Old Tower and the
Existing Users do not choose to move to the New Tower
then Lessee will receive no rentals or fees from sun..
user.
At the beginning of the eleventh (11th) year of thin
Lease Agreement, Lessee shall pay Lessor, as addition.
rental consideration, twenty-five percent (25%) of a!_
gross rents or fees received by Lessee from the Existinn,
Users or any amendments or extensions to their agreement.
6.5 RENTAL CONSIDERATION FROM NEW LICENSES. li
addition to the Monthly Rental, Lessee shall pay Lea5:.
as additional rental consideration, twenty-five pert,.::..
(25%) of all gross rents or fees received by Lessee from
all new license or rental agreements granted after the
date of this Lease Agreement, with the exception of dny
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license or rental agreement pertaining to Lessee's own
broadcast television operations and that exception
pertaining to existing users who transfer to the New
Tower described in subparagraph 6.4 hereof. Lessee is
under no obligation to grant additional license or rental
agreements.
6.6 SALE OR ABANDONMENT OF OLD TOWER.
6.6.1 SALE. If Lessee acquires the Old
Tower from Wells-Tennessen and Weld County
authorizes the continued use of both the Old
Tower and the New Tower beyond December 31,
1995, Lessee intends to subsequently sell the
Old Tower. Lessor and Lessee agree that
either may take steps to find a purchaser for
the Old Tower. If either Lessor or Lessee
obtains a contract for the purchase of the Old
Tower for a price of at least Twenty Thousand
Dollars ($20,000.00), the other party has
forty-five (45) days in which to find an
alternate purchaser willing to pay at least
ten percent (10%) more than the current offer.
Lessee shall have the right to reject any
proposed alternate purchaser if it reasonably
determines that the contemplated use of the
Old Tower by such alternate purchaser may
interfere with Lessee's transmissions from the
New Tower or operation and maintenance of the
New Tower. If Lessee reasonably believes that
any contemplated use of the Old Tower would
create an interference, Lessee may reject the
alternate purchaser. Lessee shall provide
Lessor with written notice setting forth in
detail the specific reasons the proposed use
would interfere with the quality of its
transmissions or the maintenance and operation
of the New Tower on the Premises within thirty
(30) days of receiving a written description
of the proposed use. The parties agree to
negotiate in good faith all issues involving
Lessee's review and approval of additional
transmission operations. If the alternate
purchaser is not rejected, the Old Tower shall
be sold to the alternate purchaser. If the
alternate purchaser is rejected, either party
shall have an additional forty-five (45) day
period in which to find a second alternate
purchaser or remedy the interference to
Lessee's satisfaction. If the second
alternate purchaser is not rejected as
provided for in this section 6.6.1, the Old
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Tower shall be sold to the second alternate
_purchaser. If the second alternate purchaser
is rejected, or the other party does not find
a second alternate purchaser within such 45
day period, the sale to first purchaser shall
be completed. The sale of the Old Tower shall
be subject to any then existing agreements to
broadcast from said Tower. Lessee may also
require that any purchaser of the Old Tower
covenant .and warrant to Lessee that such
purchaser's operation of the Old Tower will
not cause any interference with transmissions
from the New Tower. Lessee agrees to pay
Lessor, as additional rental consideration,
one-half (1/2) of the gross proceeds less the
actual, reasonable and necessary cost of
closing the sale of the Old Tower (the "Net
Proceeds") from any sale of the Old Tower
unless such sale is to an Existing User, in
which case, the Lessee shall pay Lessor one-
third (1/3) of such Net Proceeds. Lessee
shall advance all costs of any sale, provided
that Lessor, at closing, shall pay costs
proportionate to Lessor's share of the net
proceeds. Each party shall be responsible for
its own attorney fees. Any amount paid to
Lessor hereunder shall be additional rent.
Lessor and Lessee agree that a lease shall be
granted to the purchaser of the Old Tower,
including the Property originally covered by
the Existing Lease and such additional real
property belonging to Lessor as may be
sufficient to meet the requirements of Weld
County for a legal site, which lease shall be
on substantially the same terms and conditions
as this Lease Agreement with and subject to
easements to Lessee for guy wires, access and
clean fall area as provided in paragraph 2
hereof, and Lessee shall also grant easements
required for the guy wires, access and clean
fall area across the Premises for the Old
Tower.
6.6.2 WELD COUNTY APPROVAL. The Old
Tower is only permitted by Weld County to
remain on the Property through December 31,
1995. Both Lessor and Lessee agree to
cooperate with and assist each other in
obtaining necessary approval from Weld County
for continuation of the use of the Old Tower
on the Property.
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6.6.3 ABANDONMENT. If Lessee acquires
the Old Tower from Wells-Tennessen, any time
during the term of this Lease Agreement Lessee
may decide to abandon the Old Tower, and,
within sixty (60) days after written notice to
Lessor of such abandonment, the Old Tower
shall become the property and full
responsibility of Lessor, subject to the same
non-interference covenants and warranties as
set forth herein for a purchase of the Old
Tower. In the event of such abandonment,
Lessor and Lessee agree to amend this Lease
Agreement to remove from the Premises leased
to Lessee the Property originally covered by
the Existing Lease.
6.7 EXERCISE OF RIGHT OF FIRST REFUSAL BY KUAD.
the event t -hat (a) KUAD exercises its professed right o
first refusal, (b) Lessor approves the assignment of the
Existing Lease to KUAD and (c) Weld County approves th
continuation of the use of the Old Tower beyond Decembe
31, 1995 through a special review approval or other lik:
process, which Lessee shall not oppose, then upon th'
occurrence of all such events, Lessee agrees to pa\'
Lessor, as additional rental consideration, the sum c
thirty thousand dollars ($30,000.00). This rent
consideration shall be due and payable thirty (30) dal
following the satisfaction of all required contingencies
7. WARRANTIES OF TITLE AND QUIET POSSESSION. sor
covenants that Lessor is seized of the Premises in fee simple, see
and clear of all liens and encumbrances and subject only the
following title conditions: building and zoning restrictions, iien
for general taxes for the current year, easements and rights way
in place or of record and reservations or exceptions contai in
the patent to the Premises. Lessor covenants that Lessor ha ull
right to make this Lease Agreement and that Lessee shall have Jet
and peaceable possession of the Premises during the Leas Term
subject to Lessor's right to use the Premises as provid-__♦ in
paragraph 4 hereof.
8. CROSS EASEMENTS FOR Old Tower AND FOR NEW TOWER. sor
hereby establishes and creates easements on, over and acre the
Premises (i) for access to the Old Tower across any road the
Premises which provides such access, (ii) for guy wires and a.: ..ors
supporting the Old Tower as now in place and (iii) for clean call
area for the Old Tower for the benefit of the lessee c its
successor under the Existing Lease. Lessor shall resery uch
easements in any future lease, license or sale to a third
9. WASTE AND NUISANCE PROHIBITED. During the term of _his
Lease Agreement, Lessee shall comply with all applicabls aws
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affecting Lessee's operations on the Premises, the breach of which
might result in any penalty to Lessor or forfeiture of Lessor's
title to the Premises. Lessee shall not commit, or suffer to be
committed, any waste on the Premises or any nuisance.
10. ENVIRONMENTAL PROTECTION - LESSEE. Lessee agrees to
comply with any and all rules which may be imposed at any time
during the term of this Lease Agreement by Lessee's insurance
company regarding the amelioration of risk posed by electromagnetic
rays and/or fields as well as to comply with any and all rules,
regulations and laws which may be applicable to Lessee at any time
during the term of this Lease Agreement pertaining to
electromagnetic rays and/or fields.
For purposes of this Lease Agreement, the term "Hazardous
Substance" shall mean any pollutant, contaminant, toxic or
hazardous waste, dangerous substance, potentially dangerous
substance, noxious substance, toxic substance, chemical, flammable,
explosive, radioactive material, urea formaldehyde foam insulation,
asbestos, PCB, petroleum, crude oil, or any fraction thereof, or
any other substances, the removal of which is required, or the
manufacture, preparation, production, generation, use, maintenance,
treatment, storage, transfer, handling or ownership of which is
restricted, prohibited, regulated or penalized by any federal,
state, county or municipal statutes, laws, ordinances, rules or
regulations now, or at any time hereafter, in effect, including,
but not limited to, the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. §§ 9601, et seq.); the
Hazardous Materials Transportation Act (49 U.S.C. §§ 1801, et
seq.); the Solid Waste Disposal Act of 1965 as amended by the
Resource Conservation and Recovery Act of 1976 (42 U.S.C. §§ 6901,
et seq.); the Solid Waste Amendments of 1984; the Superfund
Amendments and Reauthorization Act of 1986; the Federal Water
Pollution Control Act (33 U.S.C. §§ 1251, et seq.); the Clean Air
Act (42 U.S.C. §§ 7401, et seq.); the Toxic Substances Control Act
(15 U.S.C. §§ 651, et seq.); as these laws have been and may be
amended and supplemented from time to time (all of the above
federal, state, county or municipal statutes, laws, ordinances,
rules or regulations now, or at any time hereafter, in effect being
referred to collectively herein as the "Environmental Laws").
Lessee shall not cause or permit to occur: (a) any violation
of any of the Environmental Laws in connection with this Lease
Agreement or Lessee's use and occupancy of the Premises; or (b) the
use of the Premises, or any part thereof, to either directly or
indirectly prepare, produce, generate, release, manufacture,
refine, treat, transport, store, maintain, handle, dispose of,
transfer or process any Hazardous Substance.
Lessee shall defend and hold Lessor harmless from all fines,
suits, procedures, claims and actions of every kind, and all costs
associated therewith (including attorney and consulting fees),
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arising out of, or in any way connected with, breach by Lessee of
any of its undertakings, representations or warranties set forth in
this paragraph 10 with respect to electromagnetic rays and/or
fields, Hazardous Substances and the Environmental Laws. This
obligation to defend and hold Lessor harmless shall survive the
termination or expiration of this Lease Agreement.
11. ENVIRONMENTAL PROTECTION - LESSOR. Lessor agrees to
comply with any and all -rules which may be imposed at any time
during the tern of this Lease Agreement by Lessor's insurance
company regarding the amelioration of risk posed by electromagnetic
rays and/or fields, as well as to comply with any and all rules,
regulations, and laws which may be applicable to Lessor at any time
during the term of this Lease Agreement pertaining to
electromagnetic rays and/or fields.
For purposes of this Lease Agreement, the term "Hazardous
Substance" shall mean any pollutant, contaminant, toxic or
hazardous waste, dangerous substance, potentially dangerous
substance, noxious substance, toxic substance, chemical, flammable,
explosive, radioactive material, urea formaldehyde foam insulation,
asbestos, PCB, petroleum, crude oil, or any fraction thereof, or
any other substances, the removal of which is required, or the
manufacture, preparation, production, generation, use, maintenance,
treatment, storage, transfer, handling or ownership of which is
restricted, prohibited, regulated or penalized by any federal,
state, county or municipal statutes, laws, ordinances, rules or
regulations now, or at any time hereafter, in effect, including,
but not limited to, the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. §5 9601, et seq.); the
Hazardous Materials Transportation Act (49 U.S.C. §5 1801, et
seq.); the Solid Waste Disposal Act of 1965 as amended by the
Resource Conservation and Recovery Act of 1976 (42 U.S.C. §5 6901,
et seq.); the Solid Waste Amendments of 1984; the Superfund
Amendments and Reauthorization Act of 1986; the Federal Water
Pollution Control Act (33 U.S.C. §§ 1251, et seq.); the Clean Air
Act (42 U.S.C. §5 7401, et seq.); the Toxic Substances Control Act
(15 U.S.C. §§ 651, et seq.); as these laws have been, and may be,
amended and supplemented from time to time (all of the above
federal, state, county or -municipal statutes, laws, ordinances,
rules or regulations now, or at any time hereafter, in effect being
referred to collectively herein as the "Environmental Laws").
Lessor shall not cause or permit to occur: (a) any violation
of any the Environmental Laws in connection with this Lease
Agreement or Lessor' -s use and occupancy of the Premises; or (b) the
use of the Premises or any part thereof, to either directly or
indirectly prepare, produce, generate, release, manufacture,
refine, tre-at, transport, store, maintain, handle, dispose of,
transfer, or process any Hazardous Substance.
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Lessor shall defend and hold Lessee harmless from all nes
suits, procedures, claims and actions of every kind, and ali
associated therewith (including attorney and consulting ;),
arising out of or in any way connected with breach by Lesso _env
of its undertakings, representations or warranties set for
this paragraph 11 with respect to electromagnetic rays a:d/or
fields, Hazardous Substances and the Environmental Laws. This
obligation to defend and hold Lessee harmless shall survive the
termination or expiration of this Lease Agreement.
Lessor covenants and warrants as of the date of this Ieease
Agreement that Lessor has no actual knowledge of any Hazar::ouL
Substances contained on the Premises and of violations of ar
Environmental Laws relating to the Premises.
12. ASSIGNMENT, SUBLEASE OR MORTGAGE. Lessee may
assign, sublease or encumber, by mortgage, deed of trust
proper instrument, its leasehold interest and estate
Premises, together with all buildings and improvements thereon,
without Lessor's consent. However, Lessee shall provide Tv=sca
written notice of any such transaction together with copies c!_ a
related documents. The foregoing provision shall not appl:
sale involving only the Old Tower and the lease of the porti;a or
the Property which originally related to the Old Tower, ana an;
such sale shall be governed by the provisions of section 6.6 above
In the event Lessee encumbers its leasehold interes snit
estate and Lessor is given notice thereof, this Lease Agre z,ent
shall not be modified without the written consent of the lea=ehol::'
mortgagee or beneficiary. The execution of any such mortgage,
of trust or other instrument or exercise of any right, powav or
privilege thereunder, shall not be held as a violation of ay of
the terms or conditions of the Lease Agreement or as an assumption
by the holder of such indebtedness personally of the obligation
hereof. No such encumbrance, foreclosure, conveyance or ewe vise
of right shall relieve Lessee of its liability hereunder.
A leasehold mortgagee or beneficiary shall be provided Ic.icc
of any default and given thirty (30) days from such notice fo .sure:
the default. Any assignee shall have all the rights of the "_sse_
under this Lease Agreement. In the event there is more the one
leasehold mortgagee or beneficiary, all of them collectivel
be entitled to one thirty (30) day period within which to re
Said thirty (30) day period shall run concurrently with any Desire
for notice required to be given to Lessee.
13. TAX AND ASSESSMENTS. Lessee shall not be responsil-, e tic.
the payment of any real property taxes assessed on the Pr'm7ae ,
except to the extent the current assessed value of the _-re _s_
increases due directly to the construction of the New Tower.
14. NEW TOWER SITE. Lessee shall have the right to make_ HarM
alterations, improvements and changes as Lessee may deem aac.c:ear,
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to the New Tower, the Old Tower (if Lessee purchases said tower) or
any accessory buildings which may from time to time be on the Tower
Site.
Lessee shall remove any existing debris from the Tower Site.
Lessee shall indemnify Lessor for any claims by contractors, sub-
contractors, materialmen, laborers or the like from mechanics'
liens or other liability relating to any of Lessee's construction
activities within the Premises.
Lessee shall keep the Premises and all improvements owned by
Lessee on the Premises in good repair and in compliance with
applicable local codes. However, Lessee shall have no obligation
to restore or replace, at the expiration or other termination of
this Lease Agreement, any tower or building located on the
Premises.
Any improvement on the Premises existing as of the date of
this Lease Agreement or any improvement constructed by Lessee on
the Premises and all alterations, improvements, changes or
additions thereon shall be the property of Lessee, subject to the
provisions providing for the sale or abandonment of the Old Tower
contained in subparagraph 6.6 hereof. Upon the expiration or other
termination of this Lease Agreement, Lessee shall upon written
request from Lessor, and at Lessee's expense, remove all
improvements owned by Lessee on the Premises and restore the
Premises to its condition as of the effective date of this Lease
Agreement. Upon restoring the Premises, Lessee shall provide
Lessor written notice thereof. Lessor shall within sixty (60) days
of receiving said notice provide written notice of any
unsatisfactory restoration.
15. UTILITIES. Lessee shall fully and promptly pay for all
water, gas, heat, light, power, telephone service and other public
utilities of every kind furnished to the Premises throughout the
Lease Term and all other costs and expenses of every kind
whatsoever of, or in connection with, the use, operation and
maintenance of the Premises and uses and all activities conducted
thereon, and shall indemnify Lessor for any such costs imposed on
Lessor as a result of Lessee's operations. Lessor shall have no
responsibility whatsoever for such costs and expenses.
16. INDEMNIFICATION. Lessee does hereby covenant and agree
with Lessor that it will indemnify and hold Lessor harmless from
and against any and all liability, damages, penalties or judgments
arising from injury to person or property sustained by anyone in
and about the Premises due to any act or acts of omission or
commission of Lessee or Lessee's officers, agents, servants,
employees, contractors, assignees or Invitees. Lessee shall, at
its own cost and expense, defend against any and all suits or
actions which may be brought against Lessor because of any such
above -mentioned matter, claim or claims. Lessee shall carry, or
12
950512
require that any third party using the Premises carry, insurance in
an amount that is reasonable and necessary to protect against any
and all claims, demands, actions, judgments, costs, expenses and
liabilities which may arise or result, directly or indirectly, from
Lessee's use of the Premises, except such liability as shall arise
out of the negligence of Lessor. Lessor shall be named as an
additional insured on all such insurance policies. Lessee shall
also carry such insurance as will protect it from all claims under
any workmens' compensation laws in effect that may be applicable to
Lessee. All insurance required hereunder shall remain in force so
long as Lessee uses the Premises as permitted herein.
Lessor shall not be responsible or liable for any damages to
any property, fixtures, buildings or other improvements or for any
injury to any person or persons at any time on the Premises,
including any injury to Lessee or to any of Lessee's officers,
agents, servants, employees, contractors, customers or asci.gnees,
except as may result from any act or acts of omission or commission
of Lessor or Lessor's officers, agents, servants, employees,
assignees or contractors.
17. LESSEE'S RIGHT OF FIRST REFUSAL. In the event Lessor
desires to sell the Premises, or any portion thereof, or receives
from a third party a bona fide offer to purchase the Premises, or
any portion thereof, Lessor shall send to Lessee a copy of the
contract for sale duly executed by Lessor. Lessee shall have the
right, within thirty (30) days of receipt of the contract, to
purchase the Premises, or such part thereof, at a price ten percent
(10%) greater than the bona fide offer and on the terms and
conditions set forth in the contract. If Lessee elects to accept
the offer embodied in the contract, Lessee shall do so by executing
one copy and returning it to Lessor within the thirty (30) day
period. If Lessee does not exercise this right of first refusal,
Lessor shall be free, for a period of ninety (90) days, to sell the
Premises, or such part thereof, on terms not less favorable than
those offered Lessee. In the event the Premises, or such part
thereof, is not sold to a third party within said ninety (90) day
period, then any further offer to sell or to purchase the Premises,
or such part thereof, must first be submitted to Lessee, subject to
this paragraph 17.
18. DELIVERY OF PREMISES. Lessee shall pay the rent as
herein provided and shall perform all its terns and conditions and,
at the expiration or termination of this Lease Agreement, peaceably
and quietly quit and surrender to Lessor the Premises in good order
and condition, subject to the other provisions of this Lease
Agreement. In the event of the nonperformance by the Lessee of any
of the covenants of Lessee undertaken herein, this Lease Agreement
may be terminated as herein provided.
13
950512
19. TERMINATION AND DEFAULT.
19.1 LESSEE'S DEFAULT. The occurrence of any one
or more of the following events shall constitute a
default and breach of this Lease Agreement by Lessee:
(a) The vacating or abandonment of the
Premises by Lessee.
(b) The failure by Lessee to make any
payment of rent or any other payment required
to be made by Lessee hereunder, as and when
due, where such failure shall continue for a
period of ten (10) days after written notice
thereof is made by Lessor properly addressed
to Lessee by certified mail, return receipt
requested.
(c) The failure by Lessee to observe or
perform any of the covenants, conditions or
provisions of this Lease Agreement to be
observed or performed by the Lessee where such
failure shall continue for a period of thirty
(30) days after written notice (properly
addressed to Lessee by certified mail, return
receipt requested) thereof by Lessor to
Lessee; provided, however, that if the nature
of Lessee's default is such that more than
thirty (30) days are reasonably required for
its cure, then Lessee shall not be deemed to
be in default if Lessee commences such cure
within said thirty (30) day period and
thereafter diligently prosecutes such cure to
completion.
(d) Any notice required by the terms of
this Lease Agreement shall be properly
addressed if mailed to the following
addresses:
To Lessor:
William E. and Vera L. Dumler
13626 E. Bates, #410
Aurora, CO 80014-3685
with copy to: Scott Dumler
4075 Chippewa Drive
Boulder, CO 80303
To Lessee:
Denver Television, Inc.
ATTN: Rod Bacon
501 Wazee
Denver, CO 80204
14
950512
with copy to: March & Myatt, P.C.
ATTN: Lucia A. Liley
110 E. Oak Street, Suite 200
Fort Collins, CO 80524
19.2 REMEDIES IN DEFAULT. In the event of any such
default or breach by Lessee, Lessor may from time to
time, in its sole discretion, with legal notice and
without limiting Lessor in the exercise of a right or
remedy which Lessor may have by reason of such default or
breach, elect to:
(a) Terminate Lessee's right to
possession of the Premises by any lawful
means, in which case this Lease Agreement
shall terminate and Lessee shall immediately
surrender possession of the Premises to
Lessor. In such event, Lessor shall be
entitled to recover from Lessee all damages
incurred by Lessor by reason of Lessee's
default, including, but not limited to, the
cost of recovering possession of the Premises,
reasonable attorney's fees and the unpaid rent
and other charges and adjustments called for
herein for the balance of this Lease
Agreement, less the amount of the future rent
that Lessee proves could be mitigated under
applicable Colorado law. Unpaid installments
of rent or other sums shall bear interest from
the date due at the maximum legal rate; or
(b) Maintain Lessee's right to
possession, in which case, this Lease
Agreement shall continue in effect whether or
not Lessee shall have abandoned the Premises.
In such event, Lessor shall be entitled to
enforce all of Lessor's rights and remedies
under. this Lease Agreement, including the
right to recover the rent, reasonable
attorneys' fees and any other charges and
adjustments as may become due hereunder.
19.3 DEFAULT BY LESSOR. Lessor shall not be in
default unless Lessor fails to perform obligations
required of Lessor within a reasonable time, but in no
event later than thirty (30) days after written notice by
Lessee to Lessor and to the holder of any first mortgage
or deed of trust covering the premises whose name and
address shall have theretofore been furnished to Lessee
in writing, specifying wherein Lessor has failed to
perform such obligations; provided, however, that if the
nature of Lessor's obligation is such that more than
thirty (30) days are required for performance, then
15
950512
Lessor shall not be in default if Lea.,
performance within such thirty (30) d:
thereafter diligently prosecutes the same t -
In no event shall Lessee have the right to `
Lease Agreement, it being agreed that Less:
shall be limited to damages and/or an injur:c.
romances
od and
letion.
to this
emedies
19.4 TERMINATION. In the event that KCA!. .aercises
its professed right of first refusal referenced in
paragraph 4 hereof and Weld County does n:: .approve,
prior to December 31, 1995, the continuati- the use
of the Old Tower through a special review a, .er like
process, then Lessee shall remove the New Toa nrom the
Premises if required by appropriate land use a _,urities,
subject to Lessee's right to appeal any s recision
administratively or through the courts and t -fate or
defend litigation or any other proceedin affects
Lessee's future use of either the Old To,. . the New
Tower. Lessor consents to Lessee's continue..
New Tower pending the resolution of any sue:
or other proceeding provided that Lessee sha'
Lessor for any actual cost or expens
reasonable attorneys' fees, incurred as a
of such continued use. If removal of the hc.-
ultimately required, Lessee shall als
improvements owned by Lessee on the Premise.,
the Premises to its condition as of the eft
this Lease Agreement, at Lessee's expens
removal, this Lease Agreement, and all
obligations of the parties thereto, shall ,..
terminate. Monthly Rental required and
Agreement shall be paid by Lessee through
which such termination occurs.
20. SURRENDER OF LEASE. The voluntary or c_
this Lease Agreement by Lessee, or a mutual canc
shall not work a merger, and shall, at the
terminate all or any existing subleases or subtc
the option of Lessor, operate as an assignment t
such subleases or subtenancies.
21. EFFECT OF LESSEE'S HOLDING OVER. Am
the expiration of the term of this Lease Agreemr
Lessor, shall be construed to be a tenancy fro.
the same rental as required to be paid by Less._
immediately prior to the expiration of the term h
otherwise be on the terms and conditions herei
as applicable.
22. ARBITRATION.
:-e of the
;Ligation
demnify
cluding
result
dower is
:ye all
restore
late of
on such
: Fats and
tically
a Lease
::;onth in
surrender of
Lon thereof,
of Lessor,
or may, at
Jf any or all
j over after
_'_h consent of
h to month at
cr the period
roof and shall
fied, so far
22.1 Subject to the provisions of an 22.2
below, Lessor and Lessee agree to submi ,diation
16
950512
and, should settlement not occur, to bindtn-r arbitration
any and all claims, disputes and controversies between
them (and their respective employees, officers, directors
and agents) relating to the subject and ,_ants of this
Lease Agreement and its negotiatio.., execution,
performance, administration, modification, extension or
completion. Any such mediation and arbitration shall
proceed in Denver, Colorado, shall be governed by
Colorado law and shall be conducted in accordance with
the Commercial Mediation Rules and Commerce:. Arbitration
Rules of the American Arbitration Assocl:ti.on ("AAA").
If, within thirty (30) days after servic-. f a written
Demand for Mediation by any party, the med. _ion does not
result in a settlement of the dispute, then any party to
the mediation may demand arbitration.
22.2 Nothing in section 22.1 above : nothing in
the exercise of any right to mediate - arbitrate
pursuant thereto, shall limit the right of Lessor to file
or institute default remedies under section 19 above or
under Colorado's forcible entry and detairrr or unlawful
detainer statutes.
22.3 Any arbitration pursuant to this Lease
Agreement shall be conducted before a 41e neutral
arbiter with experience in commercial red' ::.ate leases.
The AAA shall submit to the parties c .ged in the
arbitration a list of persons meetin, the criteria
specified above, and the parties shall sc of a neutral
arbiter from that list in the manner esto't shed by the
AAA.
22.4 Any arbitration conducted heron:.ier shall be
scheduled by the arbiter so that the prese-totion of all
evidence and argument will be completes _thin ninety
(90) days after delivery of the demand fc_ irbitration.
22.5 In any arbitration pursuant this Lease
Agreement, the arbiter shall decide ,�_ther after
reviewing only documents, or with a ho::.= 'ng, at the
discretion of the arbiter) any pre-hearin,tions which
the parties may file which are substanti, similar to
motions to dismiss or for summary judgme
22.6 In any arbitration hereunder, u_scovery shall
be permitted in accordance with Chapter 4 c` the Colorado
Rules of Civil Procedure as in effect he date of
execution of this Lease Agreement. Scher i_ng of such
discovery may be determined by the ar r, and any
discovery disputes shall be finally del _.ned by the
arbiter.
17
950512
22.7 The Colorado Rules of Evidence in effect at
the time of arbitration shall control the admission of
evidence at any hearing in any arbitration hereunder,
provided, however, no error by the arbiter in the
application or interpretation of the Rules of Evidence
shall be grounds for vacating any award entered by the
arbiter.
22.8 In any arbitration conducted pursuant to this
Lease Agreement, the arbiter shall not discuss the
arbitration, or any part thereof, with any of the parties
or any of their officers, directors, employees, attorneys
or agents ex parte. In addition, the arbiter shall not
discuss the award, or any prospective award, with any
other person or entity until after the rendering by the
arbiter of his decision.
22.9 In any arbitration conducted pursuant to this
Lease Agreement, the arbiter shall express his decision,
and any award made by him, in a writing to be delivered
to each of the parties, which writing shall explain the
reasons for the award and the calculation of any monetary
award. The arbiter shall reach his decision on, and
deliver the above -described writing with respect to, any
arbitration conducted hereunder within thirty (30) days
after the close of the presentation of evidence by all
the parties to the arbitration.
22.10 The arbiter shall award to the prevailing
party, if any, as determined by the arbiter, all of its
costs and fees. The phrase "costs and fees" shall mean
all reasonable pre and post -award expenses of the
arbitration, including the fees of the arbiter,
administrative fees, travel expenses, out-of-pocket
expenses, photocopying expenses, telephone and fax
expenses, court costs, witness fees and attorneys' fees.
22.11 Any party to an arbitration conducted
hereunder may seek reconsideration of all or any part of
the original decision of the arbiter by filing a written
request therefor with the arbiter and serving the same on
all the other parties to the arbitration within ten (10)
days after the date of delivery of the arbiter's original
decision. Any other party desiring to respond to such a
request may do so within ten (10) days after delivery of
the request for reconsideration. No further responses
will be permitted. The arbiter shall consider any such
request(s), either based solely on the documents filed or
after a hearing, as he may determine in his sole
discretion. The arbiter shall issue his written decision
on any such requests within thirty (30) days after the
submission of the last timely -filed request or response.
18
950512
22.12 There shall be no right to appeal from the
final decision of the arbiter in any arbitration
conducted hereunder.
22.13 Suit may be brought, and judgment entered
upon, any award entered by the arbiter in any court
having jurisdiction and may be enforced and collected in
the manner judgments of said court are normally enforced
and collected. Any party against whom a monetary award
is entered hereunder consents to disclose to the party
granted monetary relief, upon such latter party's written
request, all information properly discoverable in a
proceeding under Rule 69 of the Colorado Rules of Civil
Procedure without the necessity of service of further
process or other papers within ten (10) days of the
service of such written request.
23. INDEMNITY. Lessee agrees to indemnify and hold Lessor
harmless from any claims, damages and liabilities (including
reasonable attorney's fees and costs) incurred by Lessor because of
the sale or attempted sale of the Old Tower to Lessee and arising
out of the professed right of first refusal with respect to the Old
Tower between KUAD and Wells-Tennessen. Lessor agrees to
immediately give notice to Lessee of any demands or claims made by
any person or entity against Lessor which arise out of the sale of
the Old Tower to Lessee, and Lessee shall have the right to respond
to any such demands, to -defend any such claims and to enter into
any settlement agreements regarding such claims and demands, all as
Lessee deems proper, provided that Lessee shall be fully
responsible for all expenses incurred in responding to and
defending against such claims and for any amounts due under any
such settlement agreement.
19
950512
24. TIME OF THE ESSENCE. Time is of the essence of this
Lease Agreement and of each and every covenant, term, condition and
provision hereof.
LESSOR:
LESSEE:
By:
4).
William E. Dumler
e ,re_ c L c
Vera L. Dumler
_DENSF ' TELEVISION, INC., a Delaware
gdrpo.at'on-7
R Bacon, Genera manager 6, Vice President
STATE OF ARIZONA
ss.
COUNTY OF MARICOPA )
SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me this 7 -7.2 -c --/day
of November, 1994, by William E. Dumler.
"�-- OFFICIAL
Alma M. Baur
Notary Public -Arizona
Maricopa County
My Commission Expires 5/30/98
STATE OF ARIZONA
ires: %Jga:y y0 i9 9�
ss.
COUNTY OF MARICOPA )
SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me this/day
of November, 1994, by Vera L. Dumler.
res: /7� .JiO / '
i
Notary Public
rA, s AL"
Alma M. Baur
Notary Public -Arizona
Madcopa County
My Commission Expires 5/30/98
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
Notary Public
SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before -me this /iLiday
of November, 1994, by Rod Bacon as General Manager of Denver
Tej.va, ion, Inc.
j /// i
iss ion expires: //(f07(:�' �.
N O i ,Dd°; *C
P4DLiC
2O
7-00
— Notary Public
950512
EXHIBIT "C"
TO LEASE AGREEMENT BY AND BETWEEN
WILLIAM E. DUMLER AND VERA L. DUMLER ("LESSOR") AND
DENVER TELEVISION, INC., A DELAWARE CORPORATION ("LESSEE")
1. NonExclusive License Agreement dated July 25, 1987,
between Wells-Tennessen Tower Company, a partnership, and KUAD-FM,
Inc., a corporation.
2. NonExclusive License Agreement dated September 30, 1989,
between Wells-Tennessen Tower Company, a partnership, and The State
of Colorado - KUNC Radio.
Wells3. Tower Sublease Agreement
Tennessen Tower Company and Duchossois Comm nications between
of Colorado, Inc.
950512
McRAE-& SHORT, INC.
1231 8th Avenue
Greeley, Colorado 80631
Telephone (303) 356-3101
Engineering, Surveying, Planning & Land Development
August 16, 1994
LEGAL DESCRIPTION PROJECT NO. 93482
(OLD TOWER -LEASE A)
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION I9, TOWNSHIP 8 NORTH, RANGE
66 WEST OF THE 6th P.M., WELD COUNTY, COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 19 AND CONSIDERING THE SOUTH LINE OF
SAID SOUTHEAST QUARTER TO BEAR SOUTH 90° 00' 00" WEST, AND WITH ALL OTHER BEARINGS CON-
TAINED HEREIN RELATIVE THERETO;
THENCE SOUTH 90° 00' 00" WEST, 1216 FEET ALONG SAID SOUTH LINE;
THENCE NORTH 00° 00' 00" EAST, 104.28 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 48° 10' 10" WEST, 820.74 FEET;
THENCE NORTH 90° 00' 00" WEST, 77.70 FEET;
THENCE NORTH 00° 00' 00" EAST, 33.20 FEET TO A "POINT A";
THENCE SOUTH 71° 25' 40" WEST, 147.25 FEET;
THENCE SUUTH 18° 34' 20" EAST, 10.00 FEET;
THENCE SOUTH 71° 25' 40" WEST, 300.00 FEET;
THENCE NORTH 18° 34' 20" WEST, 20.00 FEET;
THENCE NORTH 71° 25' 40" EAST, 300.00 FEET;
THENCE SOUTH 18° 34' 20" EAST, 10.00 FEET;
THENCE NORTH 71° 25' 40" EAST, 147.25 FEET RETURNING TO SAID "POINT A";
THENCE NORTH 00° 00' 00" EAST, 36.35 FEET;
THENCE NORTH 48° 10' 00" WEST, 25.55 FEET;
THENCE NORTH 11° 36' 30" EAST, 747.86 FEET;
THENCE NORTH 90° 00' 00" EAST, 557.80 FEET;
THENCE SOUTH 00° 00' 00" EAST, 1366.53 FEET TO THE TRUE POINT OF BEGINNING;
SAID TRACT OF LAND CONTAINS 16.0000 ACRES (TOTAL), MORE OR LESS.
SURVEYOR'S CERTIFICATE
I DO HEREBY CERTIFY THAT, UNDER MY PERSONAL SUPERVISION, THIS LEGAL DESCRIPTION WAS PRE-
PARED ON AUGUST 15, 1994.
GERALD B. McRAL, PRorESSIONAL ENGINEER AND
LAND SURVEYOR, COLORADO REG. N0. 6616
13
950512
McRAE & SHORT, INC.
1231 8th Avenue
Greeley, Colorado 80631
Telephone (303) 356-3101
Engineering, Surveying, Planning & Land Development
August 16, 1994
PROJECT NO. 93482
LEGAL DESCRIPTION
(NEW TOWER -LEASE 8)
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER 1DF SECTION 19, TOWNSHIP 8 NORTH, RANGE
66 WEST OF THE 6th P.M., WELD COUNTY, COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 19 AND CONSIDERING THE SOUTH LINE OF
SAID SOUTHEAST QUARTER TO BEAR SOUTH 90° 00' 00" WEST, WITH ALL OTHER BEARINGS CONTAINED
HEREIN RELATIVE THERETO;
THENCE SOUTH 90° 00' 00" WEST, 1216.00 FEET ALONG SAID SOUTH LINE TO THE TRUE POINT OF
BEGINNING;
THENCE SOUTH 90° 00' 00" VEST, 1490.00 FEET CONTINUING ALONG SAID SOUTH LINE;
THENCE NORTH 00° 00' 00" WEST, 2067.76 FEET;
THENCE NORTH 90° 00' 00" EAST, 1490.00 FEET;
THENCE SOUTH 00° 00' 00" EAST, 2067.76 FEET TO A POINT ON THE SOUTH LINE OF SAID SOUTH-
EAST QUARTER AND THE TRUE POINT OF BEGINNING EXCEPT THAT PORTION DESCRIBED IN LEASE A;
SAID TRACT OF LAND CONTAINS 54.7291 ACRES, MORE OR LESS.
SURVEYOR'S CERTIFICATE
I DO HEREBY CERTIFY THAT, UNDER MY PERSONAL SUPERVISION, THIS LEGAL DESCRIPTION WAS PRE-
PARED ON AUGUST 15, 1994.
r,'k r3,„,
GERALD B. McRAE, OfESSIOO AgGTNEERAND
LAND SURVEYOR, COLORADO REG. NO. 6616
14
950512
PREPAREON NOVEMBER 9, 1994.
77 7w
McRAE & SHORT, INC.
1231 8th Avenue
Greeley, Colorado 80631
Telephone (303) 356-3101
Engineering, Surveying, Planning & Land Development
PROJECT NO. 93482
LEGAL DESCRIPTION
(RADIO TOWER & EQUIPMENT BUILDING)
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 8 NORTH, RANGE
66 WEST OF THE 6th P.M., WELD COUNTY, COLORADO, AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 19 AND CONSIDERING THE SOUTH LINE OF
SAID SOUTHEAST QUARTER TO BEAR SOUTH 90° 00' 00" WEST, WITH ALL OTHER BEARINGS CONTAINED
HEREIN RELATIVE THERETO;
THENCE NORTH 70° 59' 17" WEST, 1966.31 FEET TO THE TRUE POINT OF BEGINNING OF A TRACT OF
LAND WHOSE SIDES ARE EQUAL DISTANCES, AS MEASURED AT RIGHT ANGLES FROM THE CENTER OF AN
EXISTING RADIO SOWER;
THENCE SOUTH 90 00' 00" WEST, 268.55 FEET;.
THENCE NORTH 00° 00' 00" EAST, 268.55 FEET;
THENCE NORTH 90° 00' 00" EAST, 268.55 FEET;
THENCE SOUTH 00° 00' 00" WEST, 268.55 FEET TO THE TRUE POINT OF BEGINNING;
SAID TRACT OF LAND CONTAINS 72,120 SF (1.6556 ACRES).
LEGAL DESCRIPTION
(ANCHOR PAD LOCATIONS FOR RADIO TOWER)'
SIX SEPARATE TRACTSOF LAND FOR THE LOCATION OF THE GUY LINE ANCHOR PADS, TWO SITUATED
ON EACH OF THREE RADIO TOWER GUYS, AND BEING 50.00 FEET BY 50.00 FEET AND ORIENTED
PARALLEL AND PERPENDICULAR TO THE FOLLOWING DESCRIBED GUY LINE POSITIONS, LOCATED IN
THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 8 NORTH, RANGE 66 WEST OF THE 6th P.M.,
WELD COUNTY, COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 19 AND CONSIDERING THE SOUTH LINE
OF SAID SOUTHEAST QUARTER TO BEAR SOUTH 90° 00' 00" WEST, WITH ALL OTHER BEARINGS CON-
TAINED HEREIN RELATIVE THERETO;
THENCE NORTH 68° 45' 30" WEST, 2138.62 FEET TO THE CENTER OF A RADIO TOWER AND THE
TRUE POINT OF BEGINNING; THE CENTER OF EACH PAD SITE BEING LOCATED AS FOLLOWS:
PAD 1: NORTH 11 36' 30" EAST, 294.00 FEET;
PAD 2: NORTH 11° 36' 30" EAST, 588.00 FEET;
PAD 3: SOUTH 48° 10' 10" EAST, 294.00 FEET;
PAD 4: SOUTH 48° 10' 10" EAST, 588.00 FEET;
PAD 5: SOUTH 71° 25' 40" WEST, 294.00 FEET;
PAD 6: SOUTH 71° 25' 40" WEST, 588.00 FEET;
EACH PAD SITE CONTAINS 2500 SF EACH, AND TOTAL OF 15,000 SF (0.3444 ACRE).
SURVEYOR'S CERTIFICATE
I DO HEREBY CERTIFY THAT, UNDER MY PERSONAL SUPERVISION, THIS LEGAL DESCRIPTION WAS
•
GERAL71 B. McRAE, -aND MJRVEYOR,&
PROFESSIONAL ENGINEER, COLORADO REG. NO.6616
is
PAGE 1 OF 2 950512
LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that I, WILLIAM E. DUMLER, of
the County of Maricopa, State of Arizona, being the owner of real
property in the County of Weld, State of Colorado more particularly
described as the Southeast Quarter of Section Nineteen (19),
Township Eight (8) North, Range Sixty -Six (66), West of the 6th
P.M., Weld County, Colorado, have made, constituted and appointed,
and by these presents do make, constitute and appoint, FRLDERICK M.
BARMGARTNER of the County of Elbert, State of Colorado and WILLIAM
G. CREWS of the County of Weld, State of Colorado, my true and
lawful Attorneys -in -Fact (hereinafter referred to collectively as
"Agents" and individually as "Agent") for me and in my name, place
and stead to act for me in connection with a Use by Special Review
Application to replace an existing communications tower on a
portion of the above -described property, which application is to be
presented to the County Commissioners of Weld County, Colorado, and
in connection therewith, to sign such application and any other
documents which either of said Agents determines are necessary or
desirable and to do any other act which either of said Agents deems
necessary, proper or desirable in furtherance thereof.
In acting hereunder, either of said Agents shall have full
authority to perform any authorized act individually, and it shall
not be necessary for an Agent so acting individually to notify the
other Agent of such action or to obtain the consent of the other
Agent to such action. It is my expectation and intent that action
taken hereunder will be taken only by one of said Agents and they
will not act jointly.
I hereby give and grant unto each of said Agents full power
and authority to do and perform all and every act and thing
whatsoever requisite and necessary to be done in and about the
above -described property, as fully to all intent and purposes as I
might do if personally present, with full power of revocation, and
I hereby ratify and confirm all that either Agent shall lawfully do
or cause to be done by virtue of this Limited Power of Attorney.
IN WITNESS WHEREOF, I have set my hand and seal this /2j day
of April, 1994.
William E. Dumler
I a
950512
950512
STATE OF ARIZONA
COUNTY OF MARICOPA )
SS.
SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me this /.2' day
of April, 1994, by William E. Dumler.
Witness my hand and official seal.
My commission expires
Notary Public A� ALMA M. B R. NOTARY PUBLIC
MARIGOPA COUNTY, ARIZONA
At/ Cc^"ssan Expires L'g20,1gg1 MY COMMISSION EXPIRES 5/30/94
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