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Home My WebLink About992046.tiff RESOLUTION RE: APPROVE COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Communications Tower and Site Lease Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Regional Communications Center, and the United States of America, on behalf of the U.S. Department of Transportation, Federal Aviation Administration, commencing July 1, 1999, and ending June 30, 2000, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Communications Tower and Site Lease Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Regional Communications Center, and the United States of America, on behalf of the U.S. Department of Transportation, Federal Aviation Administration, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of August, A.D., 1999, nunc pro tunc July 1, 1999. BOARD OF COUNTY COMMISSIONERS COUNTY, CO O ATTEST: /awe gale K. Hall, Chair Weld County Clerk to the /C4- got BY: Barbar J. Kirkmeyer, ro-Te Deputy Clerk to the Boa Georg E axter APVED fYS/O FORM: Geile M C� ty Attornei—2 �— Glenn Vaad 992046 U' : CM , CA CM0011 FAA LEASE NO. DTFA11-99-L-17734 COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT THIS AGREEMENT entered into this j f Lday of Q uq s+ , 1999, by and between WELD COUNTY REGIONAL COMMUNICATIONS CENTER,herein referred to as Lessor, and THE UNITED STATES OF AMERICA, for and on behalf of THE U.S. DEPARTMENT OF TRANSPORTATION,FEDERAL AVIATION ADMINISTRATION, herein referred to as Lessee. BACKGROUND INFORMATION A. Lessor is the current owner of a certain communications tower and building ("the Tower") located on certain real property with a legal description as set forth on Exhibit A, attached to and incorporated herein. ("The Site") B. Lessee desires to lease space on the Tower, and Lessor desires to lease space on the Tower to Lessee, on certain terms and conditions. C. Lessee desires to construct an additional free-standing building on the Site for Lessee's own use in connection with its use of the Tower. D. The parties desire to reduce the terms of their agreement to writing. IN CONSIDERATION of the covenants herein contained, Lessor and Lessee agree as follows: AGREEMENT 1 RECITALS The above recitals are incorporated by reference, as though fully set forth herein. 2 LEASE OF RADIO TOWER FACILITY AND SITE 2.01 Lessor hereby grants permission to Lessee to install, maintain, and operate Communications Equipment as set forth on Exhibit B, attached hereto and incorporated by reference, including, but not limited to, one receiver/transmitter, power supplies, equipment housings, conduits, and other related apparatus on the Tower. The antenna is to be installed as close as practicable to the 300 foot level on the Tower. 2.02 The parties agree that Lessee may place a free standing building on the Site, to be located as set forth on Exhibit C, attached to and incorporated herein. ("The Building.") Lessee shall be responsible for the entire cost of installing and maintaining the Building. 1 9 01Uo 3 RENTAL 3.01 Lessee shall pay to Lessor as rent during the term of this lease, commencing July 1, 1999, $4800 per year, which is equivalent to $400.00 per month, with the lease payment payable annually, in arrears, in one lump sum. The rental amount may be renegotiated between the parties to commence at the renewal of any term of this lease upon or after the third renewal of the lease term, if the Lessor gives Lessee written notice not later than 90 days prior to the end of the annual term of this lease of Lessor's intent to renegotiate the rent amount. 4 ACCESS 4.01 Lessor shall provide Lessee with access to Tower and Site at all times in order to make any necessary repairs or maintenance on Lessee's equipment. Lessee shall secure all access gates when entering or leaving the Tower Site. Lessee agrees to permit only authorized employees of Lessee or persons under Lessee's direct supervision to enter Tower Site. 5 ELECTRICAL POWER 5.01 There are existing electrical lines at the Tower, which are for the use of Lessor. Lessee shall, at its sole cost, have installed and maintain a separate electrical service connection which may connect with the existing electrical lines, to operate its facilities. However, Lessee shall, at its sole cost, have installed and maintain a meter to monitor Lessee's electrical use, and Lessee shall be responsible for such electrical expense. 6 TELEPHONE SERVICE 6.01 Lessee may, at its sole cost, elect to install and maintain telephone service to its facilities. 7 INSTALLATION 7.01 Lessee's communications equipment shall be installed at its sole expense in a workmanlike manner so as not to interfere with or cause problems to any of Lessor's equipment or devices. 7.02 All equipment and structures provided by Lessee shall be installed in compliance with all applicable building and electrical codes and regulations of any government agencies having jurisdiction. 2 7.03 All equipment installed by Lessee on Lessor's Tower shall be firmly anchored to the Tower structure. Electrical conduits and cables shall be attached to the Tower at intervals not to exceed four(4) feet. All tower fastening devices used by the Lessee shall be made of stainless steel or galvanized to prevent rusting. 7.04 Lessee may place a portable building for equipment within Lessor's security fence enclosure. If Lessee elects to place such a portable building for equipment within Lessor's security fence enclosure, Lessee shall arrange for and pay all costs of opening and/or extending the enclosure to accommodate the portable building. All materials and construction used to extend or repair the security fence shall be of like design and quality to the existing fence. The said equipment building shall at all times be the responsibility of Lessee, and Lessee assumes all liability for any and all maintenance, damages as a result of the building placement, and the like. 8 INTERFERENCE OR DAMAGE TO LESSOR'S SYSTEM 8.01 If, for any reason except defects in Lessor's system not caused by Lessee, Lessee's installation and/or operation of its equipment or the equipment itself should interfere or cause interference with the operation of Lessor's or any other Lessee's previously installed communications system located at the Tower, or if the installation and/or operation of its equipment or the equipment itself should interfere or cause interference with the operation of the tri-area or the north-to- south 2 gigahertz microwave system, Lessee shall immediately cease operating its equipment until such interference is eliminated to Lessor's satisfaction. Lessee shall be responsible for the cost of any special engineering required in order for Lessee to eliminate any such interference by Lessee's equipment. If there is a conflict between Lessee and any other subsequent user, Lessor shall require the subsequent user to resolve the conflict. 8.02 Lessee shall be liable in the same manner and to the same extent as a private individual under like circumstances, for any damages or problems incurred or sustained by Lessor to its facilities due to acts of Lessee, its agents, contractors, or representatives, as such acts relate to the installation, operation, maintenance, repair, or replacement of Lessee's equipment at Lessor's Tower site. The Federal Tort Claims Act of 1948, as amended (28 U.S.C. 2671, et. seq.) shall apply when appropriate. 9 TOWER AND EQUIPMENT MAINTENANCE 9.01 Lessor shall be solely responsible for the performance of any routine, extraordinary, or emergency repairs or maintenance on Lessor's Tower. Lessee shall be solely responsible for the performance of any routine, extraordinary, or emergency repairs or maintenance on Lessor's Tower that are caused by or result from Lessee's use of Lessor's Tower. 3 9.02 Lessor shall be responsible for compliance with all regulations requiring painting and/or lighting of Lessor's radio tower, including operation, maintenance and inspection of the Tower, lighting, and alarm systems. 9.03 Lessee shall be solely responsible for the performance of any routine, extraordinary, or emergency repairs or maintenance on Lessee's equipment located at Lessor's Tower site. Lessee shall maintain its property in accordance with reasonable engineering standards to assure that at all times Lessee and its operation are in conformance with the applicable requirements of the Federal Communications Commission and/or all other public authorities with jurisdiction over Lessee. 9.04 Lessee shall not create any waste or nuisance on the Tower or Site, or both, nor use the Tower or Site or both for any unlawful purpose. 9.05 Lessor shall not be liable to Lessee for any unintentional interruption of service of Lessee or for unintentional interference with the operation of the equipment and service of Lessee arising in any manner from us of the Tower or Site or both by Lessor or others. Lessor shall use its best efforts to resolve interference conflicts as soon as feasible to the end of restoring full service. 10 NONEXCLUSIVE LEASE 10.01 Lessor shall have the right to lease other portions of its radio tower facility to other parties. Lessor shall not permit any subsequent lessee to interfere with the performance of Lessee's communication system. 11 ASSIGNMENT 11.01 This lease shall not be assigned,without the prior consent of the non-assigning party. In addition, Lessee shall not change or modify the frequency,power, or character of Lessee's radio equipment, without Lessor's prior consent, which consent will not be unreasonably withheld. 12 INDEMNITY 12.01 Lessee is self insured. In accordance with and subject to the conditions, limitations, and exceptions set forth in the Federal Tort Claims Act of 1948, as amended (28 U.S.C. 2671 et. Seq.), hereafter termed "The Act,"the Lessee will be liable to persons (including, but not limited to, Lessor)damaged by any personal injury, death, or injury to or loss of property, which is caused by a negligent or wrongful act or omission of an employee of the Lessee while acting within the scope of his office or employment under circumstances where a private person would be liable in accordance with the law of the place where the act or omission occurred. 4 The foregoing shall not be deemed to extend the Lessee's liability beyond that existing under the Act at the time of such act or omission or to preclude the Lessee from using any defense available in law or equity. 12.02 Notwithstanding the provisions stated herein, nothing in this Lease is intended as waiver by either party of governmental immunity rights pursuant to state or federal law. 12.03 Lessee, and all of Lessee's contractors or subcontractors, prior to the installation of any equipment, shall secure and maintain throughout the term of this lease, general comprehensive liability insurance or be self-insured, for all claims that may be applicable to Lessee. 13 GOVERNMENT APPROVAL 13.01 Lessee shall be responsible for obtaining any applicable permits or licenses required by government agencies, as such pertain to the installation, operation, maintenance, repair, replacement, or ownership of Lessee's equipment located at Lessor's Tower site. 13.02 If, after execution of this lease, Lessee is unable to continue to occupy Lessor's Tower site due to action of any government agency, or for other reasons, including damage to or destruction of the Tower or equipment building, this lease may be canceled without obligation on the part of either party. 14 TERM OF LEASE 14.01 This Lease shall be effective for one year, commencing July 1, 1999, and shall be automatically renewable on an annual basis, unless sooner terminated by either party pursuant to the provisions hereinafter set forth. The parties acknowledge that Lessee would like for this Lease Agreement to continue for several years, although Lessee does not warrant or guarantee that this Lease Agreement will continue for any term beyond what is stated. 14.02 Lessor may terminate this lease pursuant to the provisions of paragraph 15 herein, or by giving Lessee 180 days written notice of its intention to terminate this Lease. Lessee may terminate this lease at any time by providing Lessor with notice of its intent to terminate at least 90 days in advance of the termination date. Upon termination, Lessee shall remove its equipment and material installed on Tower or at Site within 60 days after termination of this Lease, and shall leave Tower and Site in substantially the same condition as it existed prior to the date when Lessee installed its communications equipment. Lessee shall continue to pay rent as set forth in this Agreement until all of its equipment has been removed from the Site. 5 15 COMPLIANCE WITH LAWS 15.01 Lessor and Lessee agree to comply with the applicable provisions of all federal, state or local laws or ordinances and all lawful orders, rules, and regulations issued thereunder; and any provisions, representations or agreements, or contractual clauses required thereby to be included or incorporated by reference or operation of law in the Agreement. 16 NOTICES 16.01 Any notice to be given under this Agreement shall either be hand delivered, with signed receipt, or mailed to the party to be notified at the address set forth herein, with signed receipt, or by facsimile with confirmation, until such time as written notice of a change is received from the party wishing to make a change of address. Any notice so mailed and any notice served by personal delivery shall be deemed delivered and effective upon receipt or upon attempted delivery. This method of notification will be used in all instances, except for emergency situations when immediate notification to the parties is required. Any demand or notice to either party may be given to the other party by addressing the written notice to: Lessor: Weld County Regional Communications Center Attn: Jim McEachron 919 7th Street Greeley, Colorado 80631 Lessee: Federal Aviation Administration Logistics Division-ANM53R Attn: Keith Moon 1601 Lind Avenue S.W. Renton, WA 98055 17 ENTIRE AGREEMENT--MODIFICATION 17.01 This Agreement contains the entire Agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment,novation, renewal, or other alteration of or to this Agreement and the attached exhibits shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. 6 18 SEVERABILITY 18.01 If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such a provision,to the extent this Agreement is then capable of execution within the original intent of the parties. 19 NO THIRD PARTY ENFORCEMENT 19.01 It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties, that any third parties receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate originals on the dates shown below our respective signatures. Lessor: WELD COUNTY REGIONAL COMMUNICATIONS CENTER 44all By: Date: Lessee: UNITED STATES OF AMERICA, U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION :-ham By: Contracting Officer //i6;/ g Date: 7 THE BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF WELD, STAT OF COLORADO ATTEST: Clerk to the Board By. eq is Dale K. Hall, Chair (08 i s(99) � �, ;/ - , - 'i©:-_ g2P By: Deputy ► �in� Date: au @I, He f4gR %a 4�/ 8 EXHIBIT A Lessee's System Information Lessee: United States of America, U.S. Department of Transportation, Federal Aviation Administration SITE IDENTIFICATION "Gilcrest"tower Legal Description: Geographic Coordinates: Tower Height: EQUIPMENT TO BE INSTALLED: Feedline: Radio: Output power Transmit Frequency: Receive Frequency: Equipment shelter as required for radio equipment to be furnished by Lessee. Substantially equivalent items may be substituted for the antenna, feedline, and radio upon notification to Lessor. 9 EXHIBIT A The proposed FAA,CPME Site is located of the following described tract of land. A tract of land located in the North Half of the North Half of Section 6,Township 3 North,Range 65 West of the 6th Principal Meridian,Weld County,Colorado,and being more particularly described as follows: Commencing at the Northwest Corner of said Section 6 and considering the North line of said Section 6 to bear N. 89°41' 06"E.with all other bearings contained herein being relative thereto. thence N. 89°41' 06"E. 2189.80 feet to the TRUE POINT OF BEGINNING; thence N. 89°41' 06"E. 839.16 feet;thence S. 0° 18' 54"E. 30.00 feet;thence S.29°41' 06" W. 839.16 feet; thence N. 30° 18' 54"W. 839.16 feet;thence N. 0° 18' 54"W. 30.00 feet to the TRUE POINT OF BEGINNING;said tract of land contains 7.578 acres of which 0.578 acres are included in Weld County Road No. 38 right-of-way,resulting in a net area of 7.00 acres more or less. EXHIBIT B Leassee's System Information Leassee: United States of America, Federal Aviation Administration SITE INDENTIFICATION: "Gilcrest Tower" Legal Description: See Exhibit A Geographic Coordinates: Latitude 40° 15' 40"N Longitude 140°42' 20"W Tower Height: 350 feet EQUIPMENT TO BE INSTALLED: Feedline: 3/8"Cablewave Heliax Radio: Wilcox Electric Model No. 098547-0100 Output Power: One Watt Transmit Frequency: 1090 MHZ Receive Frequency: 1O30 MHZ Equipment shelter as required for radio equipment to be furnished by Lessee. Substantially equivalent items may be substituted for the antenna,feedline,and radio upon notification to Lessor. MEMORANDUM TO: Don Warden, Finance Director FROM: Captain M. D. Savage, Services Division DATE: August 6, 1999 RE: Tower Contract with Federal Aviation Administration I have enclosed the original signed contract with the FAA and three copies. The contract has been reviewed and approved by the County Attorney's Office. My understanding is that it will need to be placed on the Commissioner's agenda for either work session and/or meeting which I will leave to your direction. The essence of the contract is that the FAA currently has an air traffic control radar tower located approximately one mile south of the County's "LaSalle" tower on WCR 38. The FAA needs access to the County's tower to install radar calibration equipment to verify the accuracy of their radar. They have agreed to the conditions within the contract and paying Weld County a fee of $400.00/month. After review by this office, I would recommend acceptance of the contract. If you have any questions, concerns or additional direction, please do not hesitate to contact me. Attachment i 1 s 1 4 0") \.9i 4 /s/ C U.S. Department Northwest Mountain Region 1601 Lind Avenue,SW of Transportation Logistics Division Renton,WA 98055-4056 Federal Aviation Administration July 19, 1999 Ms . Cyndy Giauque, Attorney at Law Weld County 915 10th Street Greeley, CO. 80631 Dear Cyndy: Subject : Platteville, CO. CPME, Lease No. DTFA11-99-L-17734 Enclosed are four signed copies of the above named lease, please have the appropriate parties sign all copies and return three signed copies to this office . Thank you for all your help and cooperation in this matter. If you should have any questions regarding this matter, please contact me at (425) 227-2944 . Sincerely, 77:e4/E-( n Keith Moon Contracting Officer Hello