HomeMy WebLinkAbout980856.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR THE CONVEYANCE OF CERTAIN PROPERTY FROM
THE TOWN OF NEW RAYMER AND AUTHORIZE CHAIR 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 Agreement for the Conveyance of
Certain Property to 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, from the Town of New Raymer, commencing, and ending, 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 Agreement for the Conveyance of Certain Property to 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, from the Town
of New Raymer 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 18th day of May, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
• ��, WD COUNTY, COLORADO
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Constance L. Harbe , Chair
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W. H. ebs er, ro-Tem
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George . Baxte
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Dal K. Hall
ounty Attor y .1-e_fyL,
Barbara J. Kirkmeyer
980856
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AGREEMENT FOR THE CONVEYANCE OF CERTAIN PROPERTY
THIS AGREEMENT, entered into this /g ` day of A/ , 1998, by
and between TOWN OF NEW RAYMER, ("NEW RAYMER") kid BOARD OF COUNTY
COMMISSIONERS FOR WELD COUNTY, STATE OF COLORADO, on behalf of
WELD COUNTY REGIONAL COMMUNICATIONS CENTER("WELD COUNTY").
This Agreement arises from the following facts and circumstances:
A. WELD COUNTY maintains a network for immediate communication within the
boundaries of Weld County in order to ensure that emergency safety and medical
services are available to all citizens of Weld County;
B. WELD COUNTY desires to obtain real property in the vicinity of the Town of
New Raymer in order to install and maintain a communications system to further
WELD COUNTY's purposes in the provision of quality services to the citizens of
Weld County;
C. NEW RAYMER desires to provide the real property to WELD COUNTY for the
installation and maintenance of a communications system to ensure that quality
emergency services are available to the citizens of Weld County and the Town of
New Raymer;
D. The parties wish to formalize their agreement concerning this matter.
NOW THEREFORE, in consideration of their mutual promises herein, the parties hereto
agree as follows:
1. Recitals. The above set forth recitals are incorporated herein by reference as set
forth.
2. Agreement to Convey Ownership of Property. NEW RAYMER hereby
agrees to convey to WELD COUNTY by deed that certain parcel of real property containing
square feet with a legal description as set forth on Exhibit B, attached hereto and incorporated
herein, (the Premises), currently located within certain real property more particularly described
on Exhibit A, attached hereto, and incorporated herein(the real property described on Exhibit A,
and not including the real property included in the description of the Premises, shall hereinafter
be referred to as "the Property"), together with access thereto at all times. The parties intend that
there is a source of electric and telephone utilities available for use on the Premises.
3. Specified Use of the Property. The Premises will be used by WELD COUNTY
for the purpose of installing, removing, replacing, modifying, maintaining and operating, at its
expense, a communications system which may include, but is not limited to, a radio •
communications tower(the Tower), antenna equipment, emergency backup generator, cable
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wiring,related fixtures, and a building in which to store or use related equipment(the Building).
WELD COUNTY shall have the right, in its sole discretion, and at its sole expense, to make such
improvements, modifications and additions to its Tower, building and equipment as it deems
necessary from time to time.
4. Purchase Price. The parties agree that no monies will be paid by either party to
the other under the terms and conditions of this Agreement and that the mutual benefits
contained herein accruing constitute sufficient consideration therefor.
5. WELD COUNTY to Convey Ownership of the Property to NEW RAYMER
at such time that the Property is no longer required by WELD COUNTY. At such time
as WELD COUNTY no longer requires the Premises for communications purposes, WELD
COUNTY shall convey ownership of the Premises to NEW RAYMER by deed,no later than
180 days after WELD COUNTY has given notice to NEW RAYMER of WELD COUNTY's
intent to cease use of the Premises for communications purposes.
6. Utilities. NEW RAYMER represents that utilities adequate for WELD
COUNTY's use of the Premises are available. WELD COUNTY will be responsible for
obtaining, having installed, and paying for all utilities used at the Premises by WELD COUNTY,
and WELD COUNTY will sign any instrument reasonably requested by the utility company
concerning WELD COUNTY's utility installation or use. NEW RAYMER agrees to assist
WELD COUNTY in WELD COUNTY's efforts to obtain utilities from any servicing utility.
7. Taxes. WELD COUNTY shall be responsible for any and all real property taxes
for the Premises, if any, and any and all other personal property taxes, if any, for WELD
COUNTY's communications tower, building, equipment, and other personal property installed
or used by WELD COUNTY at the Premises.
8. No Interference with WELD COUNTY's Use of the Premises. NEW
RAYMER agrees not to use, or to contract with any third party for any use, or to contract to sell
all or a portion of the Property, not including the leased Premises, which would interfere with
WELD COUNTY's reasonable use of the Premises as set forth in this Agreement. The parties
specifically agree that neither NEW RAYMER, nor anyone claiming through or under NEW
RAYMER, or anyone claiming any interest in the Property, may interfere with WELD
COUNTY's use of the Premises, nor permit the installation of such improvements similar to
WELD COUNTY's equipment within a two-mile radius of the outer perimeter of the Premises.
10. Removal of Equipment at such time that the Premises may be Conveyed to
NEW RAYMER. Upon conveyance of the Premises from WELD COUNTY to NEW
RAYMER when the Premises is no longer needed by WELD COUNTY for communications
purposes, WELD COUNTY will surrender the Premises to NEW RAYMER and will remove
from the Premises the Tower, Building, and any other equipment owned by WELD COUNTY.
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11. Possible leases for use of the Tower. WELD COUNTY represents that its
purpose in installing and maintaining a communications Tower is for the use and benefit of the
citizens of Weld County, and that its purpose is not to establish a commercial venture. It is
possible that, at some time in the future, third parties may express interest in leasing space on the
tower for communications purposes. NEW RAYMER shall have the right to so lease a portion
of the Tower facility to another party or parties, but conditioned upon the following provisions:
a. NEW RAYMER shall not lease any space on WELD COUNTY's
communications Tower without first obtaining WELD COUNTY's consent, which shall not be
unreasonably withheld.
b. WELD COUNTY shall have the final decision concerning the location on the
Tower which may be leased or made available to any third party lessee. WELD COUNTY shall
also have the right to conduct intermodulation studies to determine whether there are any
interference problems prior to any third party lessee being permitted to lease space on WELD
COUNTY's Tower.
c. NEW RAYMER's lease with any third party shall contain, at a minimum, the
provisions of the sample lease attached hereto and incorporated herein as Exhibit C.
d. NEW RAYMER shall be responsible for the collection of any and all fees and
rents under any lease it enters into with third parties. If NEW RAYMER has notified any third
party lessees that they must vacate the Tower for failure to pay rent, or for any other reason,
WELD COUNTY will allow NEW RAYMER access to the Tower site to enforce the
requirement that the third party lessee vacate the Tower site.
e. If for any reason WELD COUNTY requires that a third party lessee vacate the
Tower, WELD COUNTY will so notify NEW RAYMER, and NEW RAYMER will
immediately notify the third party lessee that it must vacate the Tower. If NEW RAYMER fails
to so notify the third party lessee within 30 days, and to offer proof of such notification to WELD
COUNTY, WELD COUNTY may then so notify the third party lessee that the third party lessee
must vacate the Tower. WELD COUNTY may then enforce the notice if NEW RAYMER fails
to enforce the notice within 60 days after the notice was given.
12. No Waste or Nuisance. Neither WELD COUNTY nor NEW RAYMER
shall create any waste or nuisance on or around the Premises, and shall not use the Tower for any
unlawful purpose.
Neither WELD COUNTY nor NEW RAYMER shall cause or permit any Hazardous
Substance to be used, stored, generated or disposed of on, around the perimeter of, or in the
Premises by their agents, employees, contractors or invitees. If either WELD COUNTY or NEW
RAYMER causes or permits the presence of any Hazardous Substance on the Premises and this
results in contamination, the contaminating party shall promptly, at its sole expense, take any and
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all necessary actions to return the Premises to the condition existing prior to the presence of any
such Hazardous Substance on the Premises. As used herein, "Hazardous Substance"means any
substance which is toxic, ignitable, reactive, or corrosive and which is regulated by any local
government, the State of Colorado or the United States Government. "Hazardous Substance"
includes any and all material or substances which are defined as "hazardous waste," "extremely
hazardous waste," or a"hazardous substance"pursuant to state, federal or local governmental
law. "Hazardous Substance" includes but is not restricted to asbestos,polychlorobiphenyls
("PCBs") and petroleum.
NEW RAYMER represents that it has no knowledge of any substance, chemical or waste
(collectively, "substance") on the Premises that is identified as hazardous, toxic or dangerous in
any applicable federal, state or local law or regulation.
14. Liens Against the Premises. NEW RAYMER represents and warrants that NEW
RAYMER has fee simple title to the Property, and that the same is free and clear of all claims,
obligations, mortgages, tax assessments, and liens. NEW RAYMER further warrants that the
Property is free and clear of all encumbrances, restrictions, reservations and easements, except
those of record in the records of the Weld County Clerk and Recorder.
Except for recording this Agreement, as hereinafter provided, neither WELD COUNTY
nor NEW RAYMER shall do any act or make any contract that may create or be the foundation
for any lien, mortgage or other encumbrance upon the Premises.
NEW RAYMER shall not be liable for the payment of any expense incurred or for the
value of any work done or material furnished to the Premises at the direction of WELD
COUNTY and prior to the conveyance of title to the Premises to WELD COUNTY. All
expenses for the installation, alteration, replacements, changes, additions, improvements and
repairs, labor and material, provided at the request and direction of WELD COUNTY shall be
made, furnished and performed at WELD COUNTY's expense, and WELD COUNTY shall be
solely and wholly responsible to contractors, laborers and materialpersons furnishing and
performing such labor and material.
If a mechanic's or other lien, charge or order for the payment of money is filed against
the Premises as a result of NEW RAYMER's acts or omissions, (or alleged acts or omissions)
NEW RAYMER shall, at its own cost and expense, cause the same to be canceled and
discharged of record or bonded within ten(10) days after notice of filing thereof.
15. Assignment. WELD COUNTY may not assign or transfer this Agreement or the
Premises to any other entity without the prior written consent of NEW RAYMER, which consent
shall not be unreasonably withheld, delayed or conditioned.
16. Eminent Domain. If all or a portion of the Premises is taken by exercise of the
power of eminent domain (or conveyed in lieu of such exercise), WELD COUNTY's obligation
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to convey the property back to NEW RAYMER when the Premises is no longer used for
communications purposes, may be terminated or modified, at WELD COUNTY's sole
discretion. WELD COUNTY must, however, notify NEW RAYMER within 30 days of the
WELD COUNTY's notice of the said exercise of eminent domain, of WELD COUNTY's intent
to either terminate the Agreement, or to keep the Agreement in full force and effect after
redefining the legal description of the Premises. In the event of any such exercise of eminent
domain in which WELD COUNTY is forced to relocate its communications equipment, WELD
COUNTY shall have the right to assert a claim against the condemning authority for WELD
COUNTY's expenses incurred for relocation and moving of the improvements owned by WELD
COUNTY.
17. Remedies for Breach. In the event of a breach or threatened breach by either
party of any of the agreements,terms, covenants or conditions hereof,the non-breaching party
shall have the right of injunction to restrain the same and the right to invoke any remedy allowed
by law or in equity, as if specific remedies, indemnity or reimbursement were not herein
provided.
14.05 The rights and remedies given to the parties in this Agreement are distinct,
separate and cumulative, and no one of them, whether or not exercised by either party, shall be
deemed to be in exclusive of any of the others herein or by law or in equity provided.
14.06 No waiver of any default or breach of any one or more of the conditions or
covenants of this Agreement by either party shall be deemed to imply or constitute a waiver of
any succeeding or other breach thereunder.
18. Notices. Any notice, request, demand, consent, approval, or other communication
required or permitted under this Agreement must be in writing and will be deemed to have been
given when personally delivered, sent by facsimile with receipt acknowledged, deposited with
any nationally recognized overnight carrier that routinely issues receipts, or deposited in a
depository regularly maintained by the United State Postal Service, postage prepaid, certified
mail, return receipt requested, addressed to the party for whom it is intended at the relevant
address set forth below, 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 or any notice served by personal
delivery or sent by facsimile, shall be deemed delivered and effective upon receipt or upon
attempted delivery.
ADDRESSES OF PARTIES:
NEW RAYMER: NEW RAYMER
New Raymer, Colorado 80742
FAX No:
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WELD COUNTY: Weld County Board of County Commissioners
P.O. Box 758
Greeley, Colorado 80632
FAX No: (970) 352-0242
19. Authority to Enter Into This Agreement. NEW RAYMER represents and
agrees (a) that it owns the Premises; (b)that it has the authority to enter into this Agreement; (c)
that it has the authority to convey ownership of the Premises; (d)that WELD COUNTY is
entitled to access to the Premises at all times.
20. Recording this Agreement. Upon execution of this Agreement,NEW
RAYMER and WELD COUNTY acknowledge that either party may record this Agreement, or a
Memorandum of this Agreement, which has been approved by both parties.
21. Entire Agreement-Modification. 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.
21. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Colorado.
22. Captions. The captions of the various paragraphs of this Agreement are inserted
only as a matter of convenience and for reference and in no way define, limit or describe the
scope or intent of this Agreement nor in any way affect this Agreement.
23. Binding Effect. The agreements,terms, covenants, and conditions herein shall
bind and inure to the benefit of NEW RAYMER and WELD COUNTY, and their respective
agents,heirs, legal representatives, successors and, except as otherwise provided herein,their
assigns.
24. Severability. 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.
25. No Third Party Enforcement. 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
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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.
TOWN OF NEW RAYMER
n
ovic (J,
Date:
BOARD OF COUNTY COMMISSIONERS
FOR WELD COUNTY, STATE OF COLORADO ,N }�b
ATTEST: gg ,/4* /
��r�i1D�`
By: Constance L. Harbert, Chair ZeLdeA.)1 /� _,
Clerk to the B
05/18/98 By: � �� N
Date:
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EXHIBIT C
COMMUNICATIONS TOWER LEASE AGREEMENT
THIS AGREEMENT entered into by and between The Town of New Raymer, State of Colorado
herein referred to as Lessor, and ,herein referred to as Lessee.
IN CONSIDERATION of the covenants herein contained, Lessor and Lessee agree as follows:
1 LEASE OF COMMUNICATIONS TOWER FACILITY AND SITE
1.01 Lessor hereby grants permission to Lessee to install, maintain, and operate
Communications Equipment per Exhibit A attached hereto, and incorporated by
reference ("Lessee's equipment," or"Lessee's Communications Equipment") on a
certain communications tower located on property more particularly described on
Exhibit B, attached hereto and incorporated herein("Tower"). The Tower and the
property on which it is located("the Tower site") are owned by the County of
Weld, State of Colorado ("Weld County"), and Weld County has authorized this
lease between the Lessor and Lessee, evidenced by the signature of the Chair of
the Board of County Commissioners for the County of Weld, State of Colorado.
The antenna is to be installed as close as practicable to the foot level on the
Tower.
2 RENTAL
2.01 Lessee shall pay to Lessor as rent during the term of this lease per year.
3 ACCESS
3.01 Weld County shall provide Lessee with access to Weld County's Tower 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 Weld County's Tower site.
4 ELECTRICAL POWER
4.01 There are existing electrical lines at the Tower, which are for Weld County's use.
Lessee shall, at its sole cost, have installed and maintain a separate electrical
service connection to operate its facilities. If Lessee's separate electrical
connection is connected with the existing electrical lines, Lessee shall, at its sole
expense, have installed and maintain a meter to monitor Lessee's electrical use,
and Lessee shall be responsible for such electrical expense.
5 INSTALLATION
5.01 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 Weld
County's equipment or devices.
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5.02 All of Lessee's equipment shall be installed in compliance with all applicable
building and electrical codes and regulations of any government agencies having
jurisdiction.
5.03 All equipment installed by Lessee on Weld County'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.
6 INTERFERENCE OR DAMAGE TO LESSOR'S SYSTEM
6.01 If, for any reason except defects in Weld County'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 Weld County's or any
other prior Lessee's communications system, Lessee shall immediately cease
operating its equipment until such interference is eliminated to Weld County's
satisfaction.
6.02 Lessee shall be liable for any damages or problems incurred or sustained by Weld
County 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 Weld County's Tower site.
7 TOWER AND EQUIPMENT MAINTENANCE
7.01 Lessee shall be solely responsible for the performance of any routine,
extraordinary, or emergency repairs or maintenance on Weld County's Tower that
are caused by or result from Lessee's use of Weld County's Tower.
7.02 Lessee shall be solely responsible for the performance of any routine,
extraordinary, or emergency repairs or maintenance on Lessee's equipment
located at Weld County's Tower site. Weld County, or Lessor, or both, shall have
the right upon request to review Lessee's maintenance records concerning
Lessee's communications equipment located at Weld County's Tower site. Weld
County, or Lessor, or both, shall have the right to inspect Lessee's equipment
installed at the Tower site, upon giving appropriate notice as set forth herein.
Twenty-four hour notice, except in the event of an emergency, shall be provided
prior to such inspection to allow Lessee time to schedule a representative to be
present at the site during such inspection, should Lessee so desire.
8 NONEXCLUSIVE LEASE
8.01 Lessor shall have the right to lease other portions of Weld County's
communications tower facility to other parties.
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9 ASSIGNMENT
9.01 This lease shall not be assigned without Lessor's prior consent. Lessee shall not
change or modify the frequency,power, or character of Lessee's communications
equipment, without Weld County's prior written consent.
10 INDEMNITY
10.01 Weld County or Lessor shall not be liable for, and,to the extent permitted by law,
Lessee agrees to indemnify and hold Weld County and Lessor harmless against
any and all losses, expenses, claims, or causes of action of every kind and
character on account of damages to or loss of any property, or on account of
injury to or death of any person or persons directly or indirectly resulting from or
arising out of Lessee's use of Weld County's Tower site. Lessee shall defend
each claim asserted and suit brought involving any matter of which Weld County,
or Lessor, or both, are/is indemnified hereunder, and shall pay all costs, expenses,
and attorney fees incidental thereto, and all judgments resulting therefrom; and
Lessor, or Weld County, or both, shall have the right, at their option, to participate
in the defense of each suit or proceeding without relieving Lessee of any
obligations hereunder.
10.03 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, in accordance with
the Colorado Governmental Immunity Act, for all claims that may be applicable
to Lessee. Lessee shall also carry such insurance as will protect it from all claims
under any Workers' Compensation laws in effect that may be applicable to
Lessee. All insurance required hereunder shall remain in force for the entire term
of this Lease Agreement.
11 TERM OF LEASE
11.01 This lease shall commence upon the installation of Lessee's equipment at Weld
County's Tower site, and shall then extend on a year-to-year basis, or until either
party terminates this lease by giving 180 days notice in writing to the other party
of its intention to terminate this lease. Upon termination, Lessee shall remove its
equipment and material installed on Weld County's communications Tower site
within 30 days after termination of this lease, and shall leave Weld County's
communications Tower site in substantially the same condition as it existed prior
to the date when Lessee installed its communications equipment.
12 COMPLIANCE WITH LAWS
12.01 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
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operation of law in the Agreement.
13 NOTICES
13.01 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,
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:
Lessee:
14 ENTIRE AGREEMENT --MODIFICATION
14.01 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.
15 SEVERABILITY
15.01 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.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate
originals on the dates shown below their respective signatures.
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LESSOR:
By:
Date:
LESSEE:
By:
Date:
Agreement Approved By:
BOARD OF COUNTY COMMISSIONERS FOR
THE COUNTY OF WELD, STATE OF COLORADO
By:
Chair
Date:
ATTEST:
By:
Clerk to the Board
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98v8562
980856
PROOI5
EXHIBIT "A" IS A MAP - SEE
FILE FOR ORIGINAL
_ 1IIIIL! 11111111111111111II1111011111111111II111LIII
/a 126of136R116.001998 0 0.00 JR SukidTeukemoleo
SPECIAL WARRANTY DEED
(Fee simple determinable)
THIS DEED is made this 2- day of November, 1998, between the Town of New Raymer, an
incorporated municipality located at 227 Baird,New Raymer,County of Weld, State of Colorado,GRANTOR,and the
County of Weld,a political subdivision of the County of Weld, State of Colorado,whose registered office is located at
915 Tenth Avenue,Greeley,County of Weld, State of Colorado, GRANTEE.
WITNESSETH,That the GRANTOR,for$10.00 and for other good and valuable consideration,the receipt
and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does
grant,bargain,sell,convey and confirm,unto the GRANTEE, its successors and assigns forever,all the real property,
together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as
follows:
All that real property described in the attached Exhibit"A".
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
appertaining,and the reversion and reversions,remainder and remainders thereof;and all the estate,right,title, interest,
claim and demand whatsoever of the GRANTOR,either in law or equity of,in and to the above bargained premises,with
the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances,unto the
GRANTEE, its successors and assigns for so long as said real property and improvements are used by GRANTEE for
the purpose of installing,removing,replacing,modifying,maintaining and operating a communications system. The
GRANTOR, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND
DEFEND the above-bargained premises in the quiet and peaceable possession of the GRANTEE, its successors and
assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the
GRANTOR.
IN WITNESS WHEREOF,the GRANTOR has executed this deed on the date set forth above.
TOWN OF NEW RAYMER
BY: " J c1.vu^ 'xw
David Long,Mayor
STATE OF COLORADO )
) ss.
COUNTY OF WELDvy
The foregoing instrument was acknowledged before me this ,G day of November, 1998,by David Long,
Mayor of the Town of New Raymer.
•
,.Witness my hand and official seal. •
^ � L
,` CY�4 P ••,-s, c Notary Public,
. », : 'iC Sc_ IJAvvc-1cff
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My Cpmm �isslon expires I "\)("C1,(\ .LG ,441 ��i ��F�(�y , 1�o,,r ti ,t��
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•
Nan3and 4AQressbMP'erson Creating Newly Created Legal Description(§38-35-106.5,C.R.S.):David Long,Mayor,Town of New Raymer;See
Exhibit[i.r r
C.\APPS\OFFICE\WPW IMWPDOCS\DEPTHS.DB
EXHIBIT "A"
ESC =2 I RT I ON
A PARCEL OF LAND IN THE NORTHWEST QUARTER (NW1 /4 ) OF SECTION
2 , TOWNSHIP 7 NORTH, RANGE 58 WEST OF THE SIXTH PRINCIPAL
MERIDIAN , WELD COUNTY, COLORADO, SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1 , BLOCK 2 OF
CENTENNIAL SUBDIVISION OF A PART OF ANTELOPE ADDITION AND A PART
OF PAWNEE ADDITION TO THE TOWN OF NEW RAYMER, WELD COUNTY,
COLORADO: THENCE SOUTH 71 °40 ' 25" WEST ALONG THE SOUTH LINE OF
SAID LOT 1 , BLOCK 2 A DISTANCE OF 263 . 60 FEET ; THENCE SOUTH
50°35 ' 10" EAST A DISTANCE OF 318 . 37 FEET TO A POINT ON THE EAST
LINE OF THE NW1 /4 OF SAID SECTION 2 ; THENCE NORTH 0°51 ' 40" EAST
ALONG THE EAST LINE OF THE NW1 /4 OF SAID SECTION 2 A DISTANCE OF
285 . 00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0 . 81 ACRES ,
MORE OR LESS .
EASEMENT IDESCR I PT I ON
A 30 FOOT ACCESS EASEMENT IN THE NORTHWEST QUARTER ( NW1 /4) OF
SECTION 2 , TOWNSHIP 7 NORTH, RANGE 58 WEST OF THE SIXTH PRINCIPAL
MERIDIAN , WELD COUNTY, COLORADO , SAID EASEMENT BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1 , BLOCK 2 OF
CENTENNIAL SUBDIVISION OF A PART OF ANTELOPE ADDITION AND A PART
OF PAWNEE ADDITION TO THE TOWN OF NEW RAYMER , WELD COUNTY ,
COLORADO; THENCE NORTH 71 °40 ' 25" EAST A DISTANCE OF 99 . 95 FEET ;
THENCE SOUTH 50°35 ' 10" EAST A DISTANCE OF 35 . 48 FEET ; THENCE
SOUTH 71 °40 ' 25" WEST A DISTANCE OF 178 . 89 FEET ; THENCE NORTH
18° 19 ' 35" WEST A DISTANCE OF 30 . 00 FEET TO A POINT ON THE WEST
LINE OF EAST AVENUE AS PLATTED IN SAID CENTENNIAL SUBDIVISION ;
THENCE NORTH 71 °40' 25" EAST ALONG THE SOUTH LINE OF SAID EAST
AVENUE A DISTANCE OF 60 . 00 FEET TO THE POINT OF BEGINNING AND
CONTAINING 0 . 12 ACRES , MORE OR LESS .
111111 1111111111111 U IIIIIIII III PIP 2651126
SuittTsukamolo
2 of 3 R 16.00 D 0.00 JA Su
EXHIBIT "B"
DEDICATION
THIS IS TO CERTIFY THAT THE PLATTING OF THE ABOVE DESCRIBED PARCEL
OF LAND AS "TOWER SUBDIVISION" OF PAWNEE ADDITION , A PART OF THE
NW1 /4 OF SECTION 2 , T7N, R5BW OF THE 6TH P .M. , WELD COUNTY ,
COLORADO IS MADE WITH THE FREE CONSENT OF AND IN ACCORDANCE WITH
THE DESIRES OF THE UNDERSIGNED SOLE OWNER AND PROPRIETOR . THE
STREETS ARE HEREBY DEDICATED T9. THE PUBLIC .
WITNESS OUR HAND THIS /7 ' DAY OF .wzcE , 19?,t/
TOWN OF NEW RAYyM5R
�� /j
DAVE LONG, MAY PAULINE STEFFEN , TO CLERK
ACKNOWLEDGEMENT
•
STATE OF COLORADO)
COUNTY OF WELD) ss .
THE FOREG NG INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS 11
DAY OF �l 19 CJ , BY THE TOWN OF NEW RAYMER ,
DAVE LONG , MAYOR AND PAULINE STEFFEN , TOWN CLERK
WITNESS MY HAND AND OFFICIAL SE/AL .
MY COMMISSION EXPIRES 10/ / n1
NOTARY, LIC
i h .d
111111 VIII 111111 111111 II HMI Ilill III HE Hill
2651126 11/03/1998 01:45P Weld County CO
3 of 3 R 16.00 D 0.00 JR Sukt Tsukamoto
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