HomeMy WebLinkAbout971729.tiffRESOLUTION
RE: APPROVE RADIO TOWER LEASE AGREEMENT WITH PAGING NETWORK OF
COLORADO, INC. 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 a Radio Tower Lease Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Paging Network of Colorado, Inc., commencing
August 13, 1997, and ending August 12, 1998, with further terms and conditions being as
stated in said lease agreement, and
WHEREAS, after review, the Board deems it advisable to approve said lease
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 Radio Tower Lease Agreement between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, and
Paging Network of Colorado, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said lease agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of August, A.D., 1997.
APPROVED AS TO FORM:
County Attor
GM; P42GIN6-fiver a&t /Az
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
EXCUSED DATE OF SIGNING
George E. Baxter, Chair
(AYE)
Constance L. Harbert, Pro-Tem
EXCUSED
D K.H II
CUSED OF SI NINGu (AYE)
Barbara. Kirkmeyer
W. H. Webster
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CM0010
RADIO TOWER LEASE AGREEMENT
THIS AGREEMENT entered into this P "-day of , 1997, by and between
BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTY, STATE OF
COLORADO, herein referred to as Lessor, and PAGING NETWORK OF COLORADO,
INC., herein referred to as Lessee.
IN CONSIDERATION of the covenants herein contained, Lessor and Lessee agree as follows:
1 LEASE OF RADIO TOWER FACILITY AND SITE
1.01 Lessor hereby grants permission to Lessee to install, maintain, and operate Radio
Communications Equipment per Exhibit A attached hereto, incorporated by reference,
and made a part hereof, on Lessor's radio communications tower located at 915 10th
Street, Greeley, Colorado 80631.("The Tower"). The antenna is to be installed as close
as practicable to the foot level on the Tower.
2 RENTAL
2.01 During the initial term of this Agreement, Lessee shall pay to Lessor as rent, $125 per
month in advance. Rental payments shall be abated for any period during which the the
Tower is not available to Lessee for reasons under Lessor's direct control.
Numerous entities providing emergency services in Weld County and their emergency
personnel currently use Lessee's pagers. Weld County believes that it is in the best
interests of the citizens of Weld County for Lessee to operate radio communications
equipment on The Tower to ensure the additional reliability of paging communications
for various emergency services for Weld County. Weld County Regional
Communications Center is currently negotiating an Agreement with Lessee for a direct
connect to Lessee's terminal. Lessee will be charging Weld County Regional
Communications Center a fee of $125 per month for the Direct Connect to Lessee's
Terminal. The parties believe that a Direct Connect will enhance the dispatching of
messages from the Weld County Communications Dispatch Center. For so long as the
Direct Connect charges are $125 per month, the rent for Lessee's use of the Tower will
remain at $125 per month. If the charges associated with the Direct Connect are
increased, the rent will increase accordingly.
At such time that the use of Lessee's pagers, or the use of Lessee's Direct Connect is no
longer sanctioned by contract, resolution, or ordinance by the City of Greeley, or the
County of Weld, or both, for its law enforcement, firefighters, or emergency medical
services providers, the rental amount for Lessee's use of the Tower shall be renegotiated
between the parties.
3 ACCESS
3.01 Lessor shall provide Lessee with access to Lessor's Tower site at all times in order to
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make any necessary repairs or maintenance on Lessee's equipment. Lessee shall secure
all access points 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
Lessor's Tower site.
4 UTILITIES AND TAXES
4.01 Electricity will be provided at Lessor's ex e se, so long as Lessee's use does not increase
Lessor's electricity costs by more than N/A1percent. In the event that Lessor's electricity
costs increase in excess of N/&1 percent as a result of Lessee's use, within 60 days after
receiving written notice from Lessor, 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*lU/A M Eil NS 'JOT fI PPUCAB4E 1TpTi1IS eti6PECRE4C7r.
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4.02 Lessor shall be responsible for any taxes on the Tower, with the exception that Lessee
shall be responsible for its own personal property taxes, if any, for its own equipment,
fixtures, leasehold improvements, and other personal property installed or used by Lessee
on the Tower. Lessor agrees to give timely prior notification of any taxes for which
Lessor believes Lessee may be responsible, so that Lessee will have the opportunity to
appear before the taxing authority and contest said assessment, if Lessee so chooses.
5 TERM OF LEASE
5.01 This lease shall be effective for one year, commencing upon the date of signing by both
parties, and shall be automatically renewable on an annual basis, unless sooner terminated
by either party pursuant to the provisions hereinafter set forth.
5.02 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 30 days in advance of the termination date, accompanied by a termination
payment equal to two (2) months' rent. Upon termination, Lessee shall remove its
equipment and material installed on Lessor's radio tower facility within 30 days after
termination of this lease, and shall leave Lessor's radio tower facility in substantially the
same condition as it existed prior to the date when Lessee installed its radio equipment.
6 INSTALLATION
6.01 Lessee's radio apparatus 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.
6.02 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.
7 INTERFERENCE OR DAMAGE TO LESSOR'S SYSTEM
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7.01 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 radio system,
Lessee shall immediately cease operating its equipment until such interference is
eliminated to Lessor's satisfaction.
7.02 Lessee shall be liable 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.
8 TOWER AND EQUIPMENT MAINTENANCE
8.01 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.
8.02 Lessor shall have the right to make any reasonable changes, alterations or improvements
to the premises, or any part thereof, so long as such reasonable changes, alterations or
improvements do not interfere with Lessee's reasonable use of the premises under this
Agreement. If any change, alteration or improvement contemplated by Lessor will result
in a disruption of service to Lessee, Lessor shall give notice to Lessee at least 30 days
prior to the anticipated disruption.
8.03 Lessor will not require Lessee to relocate its equipment in any way that will cause
deterioration of Lessee's radio signal, nor will it require Lessee to move or alter its
equipment in a manner that would require prior approval of the Federal Communications
Commission without providing at least 6 months written notice to Lessee.
8.04 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.
8.05 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 requirements
of the Federal Communications Commission and/or all other public authorities with
jurisdiction over Lessee.
8.06 Upon termination or expiration of this lease, Lessee will surrender the leased premises to
Lessor in good condition except for reasonable wear and tear or for damage due to causes
beyond the control of, or without fault or negligence of Lessee.
9 NONEXCLUSIVE LEASE
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9.01 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 radio system.
10 ASSIGNMENT
10.01 This lease shall not be assigned or sublet, nor shall Lessee 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.
11 INDEMNITY
11.01 Lessor shall not be liable for, and, to the extent permitted by law, Lessee agrees to
indemnify and hold 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 Lessor's Tower site. Lessee
shall defend each claim asserted and suit brought involving any matter of which Lessor is
indemnified hereunder, and shall pay all costs, expenses, and attorney fees incidental
thereto, and all judgments resulting therefrom; and Lessor shall have the right at its
option to participate in the defense of each suit or proceeding without relieving Lessee of
any obligations hereunder.
11.02 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 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.
11.03 Except to the extent caused by Lessor's gross negligence or intentional misconduct,
Lessee waives and releases Lessor, its employees, and agents from all claims for any loss,
injury, death, or damage to persons, property, or to Lessee's business occasioned by theft,
act of God, public enemy, injunction, riot, strike, insurrection, wars, court order,
requisition, order of governmental body or authority, fire, explosion, falling objects,
steam, rain, snow, water, leak or flow of water, or from any other place, or from
breakage, leakage, obstruction, or other defects of the pipes, sprinklers, wires, appliances,
plumbing, air conditioning, or lighting fixtures of the Building located under the Tower
("the Building"), or from construction, repair or alteration of the Building, or from any
cause beyond Lessor's reasonable control.
12 GOVERNMENT APPROVAL
12.01 Lessee shall be responsible for obtaining any 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. Lessor agrees to
provide reasonable cooperation and assistance to Lessee in obtaining all permits or
approvals required by governmental or regulatory agencies arising out of the intended use
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of the property by Lessee, with any expenses to be paid by Lessee. Lessor, however,
does not guarantee that Lessee will acquire any particular permits, nor which permits are
necessary.
12.02 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.
13 WASTE, NUISANCE, OR UNLAWFUL ACTIVITY
13.01 Lessee shall not create any waste or nuisance on or around the Tower, and shall not use
the Tower for any unlawful purpose.
14 COMPLIANCE WITH LAWS
14.01 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.
15 DEFAULT
15.01 If either party is in default under any of the terms and provisions contained herein, the
non -defaulting party shall notify the defaulting party of the default. The defaulting party
shall then have 15 days after such notice in which to cure any default. If any default is
not capable of being cured within the requisite period of time, then so long as the party
charged with the default has diligently pursued such cure of the default within the
prescribed period, the defaulting party shall be given the necessary time to cure the
default.
15.02 If the defaulting party is Lessee, and the default continues after the period for cure passes,
Lessor may, at its election and upon an additional 30 days notice to Lessee, cancel and
terminate this Agreement and, upon the expiration of the 30 days notice to terminate,
immediately re-enter and repossess the premises without being guilty of any manner or
trespass or forcible entry or detainer. Upon repossession by Lessor pursuant to this
paragraph 15.10, this Agreement shall be considered terminated and Lessee shall have 10
days after termination to remove its antennae and other communication equipment, after
which title to such antennae and other communication equipment shall be deemed
forfeited. If the defaulting party is Lessor, and the default continues after the period for
cure passes, Lessee may pursue all available legal remedies.
15.03 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.
16 NOTICES
16.01 Any notice to be given under this Agreement shall either be hand delivered, with signed
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receipt, or mailed to the party to be notified at the address set forth on page one of this
Lease, 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.
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.
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:
BOARD OF COUNTY COMMISSIONERS
FOR WELD COUNTY, STATE OF COLORADO
By: George E. Baxter, Chair
Date:
9- 13-12
erk to the Boar
By:
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Lessee:
PAGING NETWORK OF COLORADO, INC.
By:
Date:
71 Pi
APPROVED AS TO FORM:
eld County orney
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EXHIBIT A
Lessee's System Information
Lessee: Paging Network of Colorado, Inc.
SITE IDENTIFICATION
Weld County Communications Board radio communications tower, 915 10th Street, Greeley,
Colorado
Geographic Coordinates:
Tower Height:
EQUIPMENT TO BE INSTALLED:
Substantially equivalent items may be substituted for the antenna, feedline, and radio upon
notification to Lessor.
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