HomeMy WebLinkAbout981810.tiff RESOLUTION
RE: APPROVE FOUR COMMUNICATIONS TOWER AND SITE LEASE AGREEMENTS
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 four Communications Tower and Site
Lease Agreements 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 following parties:
1) US West Wireless, L.L.C
2) Two with McCaw RRC of Colorado, Inc.
3) Lutheran Health Systems, Operator of North Colorado Medical Center
WHEREAS, said agreements will commence upon full execution, and end one year from
date of signing, with further terms and conditions being as stated in said agreements, and
WHEREAS, after review, the Board deems it advisable to approve said agreements,
copies of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the four Communications Tower and Site Lease Agreements 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 above
listed parties be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreements.
981810
C1.
✓A. �� (196 ea C..5 WeOf. ,L J ui/:roan CM0010
FOUR COMMUNICATIONS TOWER AND SITE LEASE AGREEMENTS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of September, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WEL1 COUNTY, COLORADO
ATTEST: � �?Qy _
'�/i �� (:`%afros.-c .����s
!' �/ � Constance L. Harbert, Cha'
Weld County Clerk tot 3. B.. d,{ a t It j
/ itr
tp : � W. H. ebster, Pro- em
BY: � ?r. �s :.:,: //�1
Deputy Clerk tot j fre l
(fJT����� / eorgeZBaxter
AP D FORM:
Da all
unty Attorn y
arbara J. Kirkmeyer
981810
CM0010
COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT
THIS AGREEMENT entered into this. 'day of September , 1998,by and between WELD
COUNTY REGIONAL COMMUNICATIONS CENTER,herein referred to as Lessor, and
McCAW RCC of COLORADO,INC.,herein referred to as Lessee.
BACKGROUND INFORMATION
A. Lessor is the current owner of a certain communications tower ("the Tower"), located
on the rooftop of a building located at 915 Tenth Street, Greeley, Colorado. ("The Site")
B. Lessee desires to lease space on the Tower, and Lessor agrees to permit Lessee to
lease space on the Tower, on certain terms and conditions.
C. 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 A, attached hereto and
incorporated by reference, including, but not limited to, antenna equipment, power
supplies, equipment housings, conduits, and other related apparatus on the Tower.
The antenna is to be installed as close as practicable to the foot level on the
Tower.
2.02 The parties agree that Lessee may place no more than two (2) equipment cabinets at a
location in Lessor's building to be designated by Lessor.
3 RENTAL
3.01 Lessee shall pay to Lessor as rent during the term of this lease, commencing October, 1,
1998, $600.00 per month, in advance for each and every month that Lessee uses the
communications Tower, or stores or maintains no more than two (2) equipment cabinets
on Lessor's premises, or both. Rent shall be payable on the first day of each month, in
advance, to Lessor, at the address specified in the Notices section, paragraph 17, of this
Agreement. Rent includes all charges for utilities for Lessee's antennae facilities.
Greeley.doc Page 1
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3.02 For the second year, and every year thereafter, Rent shall be increased once
annually upon the anniversary of the date the term commenced by a percentage
equal to the percentage increase in the Consumer Price Index for the Denver,
Colorado - CPI-U Metropolitan Statistical Area. However, in no event shall Rent
increase by more than Five percent(5%) of the rent paid over the preceding year.
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 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 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 connection to the
existing electrical service to operate its facilities.
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 provided by Lessee shall be installed in compliance with all applicable
building and electrical codes and regulations of any government agencies having
jurisdiction.
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.
Greeley.doc Page 2
7.77 /8/
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, 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 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, or otherwise.
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(including the equipment
shelter). Lessee shall be solely responsible for the performance of any routine,
extraordinary, or emergency repairs or maintenance on Lessor's Tower or Lessor's
equipment shelter that are caused by or result from Lessee's use of Lessor's Tower or
equipment shelter.
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 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.
9.04 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.
Greeley.doc Page 3
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9.05 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.
9.06 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 use 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, 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.
12 INDEMNITY
12.01 To the extent permitted by law, each party agrees to indemnify and hold the other
party 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.
The indemnifying party shall defend each claim asserted and suit brought involving
any matter of which the other party is indemnified hereunder, and shall pay all costs,
expenses, and attorney fees incidental thereto, and all judgments resulting therefrom.
The other party being indemnified hereunder shall have the right at its option to
participate in the defense of each suit or proceeding without relieving the
indemnifying party of any obligations hereunder. Notwithstanding the provisions
stated herein, nothing in this Agreement is intended as waiver by either party of
governmental immunity rights pursuant to state or federal law.
12.02 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 or be self-insured, in accordance with the Colorado
Governmental Immunity Act, if applicable, 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.
Greeley.doc Page 4
All insurance required hereunder shall remain in force for the entire term of this Lease
Agreement.
12.03 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, or from construction, repair or alteration of the Building, or from
any cause beyond Lessor's reasonable control.
13 GOVERNMENT APPROVAL
13.01 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.
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 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.
14.02 This Agreement shall be interpreted pursuant to the laws of the State of Colorado.
Venue for any legal action pursuant to this Agreement shall be in the State of
Colorado.
15 TERM OF LEASE
15.01 This Lease shall be effective for one year, commencing upon the date Lessee's
equipment is installed on the Tower, and shall be automatically renewable on an
annual basis, unless sooner terminated by either party pursuant to the provisions
hereinafter set forth.
Greeley.doc Page 5
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15.02 Lessor may terminate this lease pursuant to the provisions of paragraph 16 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 Tower or at Site within 30 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. If Lessee has not removed all of its equipment from the
Site after the said 30 days, Lessor may, at its option, arrange for the equipment to be
removed at Lessee's expense, or Lessor may give notice to Lessee that the title to
such antennae and/or other communication equipment shall be deemed forfeited, after
which Lessor may exercise ownership and control over the said equipment.
16 DEFAULT
16.01 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.
16.02 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 16.02, this Agreement shall be considered terminated and
Lessee shall have 10 days after termination to remove its antennae and other
communication equipment, after which Lessor, may, at its option, arrange for the
equipment to be removed at Lessee's expense, or Lessor may give notice to Lessee
that the title to such antennae and/or other communication equipment shall be deemed
forfeited, after which Lessor may exercise ownership and/or control over said
antennae and/or equipment. If the defaulting party is Lessor, and the default
continues after the period for cure passes, Lessee may pursue all available legal
remedies.
16.03 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.
Greeley.doc Page 6
17 NOTICES
17.01 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 or by facsimile shall be deemed
delivered and effective upon receipt or upon attempted personal delivery, or upon
confirmed facsimile transmission. 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 or Lessee at the addresses and FAX numbers set forth on
Exhibit B.
18 ENTIRE AGREEMENT-MODIFICATION
18.01 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.
19 SEVERABILITY
19.01 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.
20 NO THIRD PARTY ENFORCEMENT
20.01 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.
Greeley.doc Page 7
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
COMMUNI ATI• S ENTER
By.
Ogigqi
Date:
Lessee:
McCAW RCC of COLORADO, INC.
°16441,1 (ileil
By:
9(2 S (� g
Date:
THE BOARD OF COUNTY COMMISSIONERSILI/
FOR THE COUNTY OF WELD, ATTEST: ► �/� r..
STATE OF COLORADO Clerk to the Board •Si -L 11,a
,f Mfr
By: .4--Zij- vni..s .1-)X762‘-‘6'411/ By: . A t.; ,41?,
Constance L. Harbert, Chair Deputy V r`Y�{�'`'
�
0 11H'
Date: 09/30/98 e>>t� ,\fw,�
Greeley.doc Page 8
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EXHIBIT A
Lessee's System Information
Lessee: AT&T WIRELESS SERVICES
EQUIPMENT TO BE INSTALLED:
Feedline:
Radio:
Motorola Micor VHF Transmitter
Omni-directional antenna and
yagi mid-band antenna
Output power: 250 Watts
Transmit Frequency: 158.100
Receive Frequency:
Glenayre QT 7505C VHF Transmitter
Omni-directional antenna and
yagi mid-band antenna
Output power: 150 Watts
Transmit Frequency: 158.700
Receive Frequency:
Substantially equivalent items may be substituted for the antenna, feedline, and radio upon
notification to Lessor.
Greeley.doc Page 9
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EXHIBIT B
If to Lessor, to:
Weld County Regional Communications Center
Attn: Jim McEachron
919 7th Street
Greeley, Colorado 80631
If to Tenant, to: With a copy to:
AT&T Wireless services AT&T Wireless
110 -110th Avenue NE 1001 - 16th Street
Suite 200 Suite CI
Bellevue, WA 98004 Denver, CO 80265
Attn: Messaging Lease Dept. Attn: Mike Wisch
Phone: 425-990-4400 Phone: 303-575-6032
Fax: 425-990-4200
Send Bills to: Send payments to:
AT&T Wireless Service
Lease A/P Department
110 - 110th Avenue NE
Suite 200
Bellevue, WA 98004
Phone: 425-990-4400
Greeley.doc Page
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COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT
THIS AGREEMENT entered into this 3O4t'day of 5epiernbet- , 1998,by and between WELD
COUNTY REGIONAL COMMUNICATIONS CENTER,herein referred to as Lessor, and
McCAW RCC of COLORADO, INC.,herein referred to as Lessee.
BACKGROUND INFORMATION
A. Lessor is the current owner of a certain communications tower and building("the
Tower"), located at 3101 35th Avenue, Greeley, Colorado ("The Site").
B. Lessee desires to lease space on the Tower, and Lessor agrees to permit Lessee to
lease space on the Tower, on certain terms and conditions.
C. 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 A, attached hereto and
incorporated by reference, including,but not limited to, antenna equipment,power
supplies, equipment housings, conduits, and other related apparatus on the Tower.
The antenna is to be installed as close as practicable to the_ _foot level on the
Tower.
2.02 The parties agree that Lessee may place no more than two (2) equipment cabinets at a
location in Lessor's building to be designated by Lessor.
3 RENTAL
3.01 Lessee shall pay to Lessor as rent during the term of this lease, commencing October 1,
1998, $600.00 per month in advance for each and every month that Lessee uses the
communications Tower, or stores or maintains no more than two (2) equipment cabinets
on Lessor's premises, or both. Rent shall be payable on the first day of each month, in
advance, to Lessor, at the address specified in the Notices section, paragraph 17, of this
Agreement. Rent includes all charges for utilities for Lessee's antennae facilities.
1
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3.02 For the second year, and every year thereafter,Rent shall be increased once
annually upon the anniversary of the date the term commenced by a percentage
equal to the percentage increase in the Consumer Price Index for the Denver,
Colorado - CPI-U Metropolitan Statistical Area. However, in no event shall Rent
increase by more than Five percent (5%)of the rent paid over the preceding year.
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 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 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 connection to the
existing electrical service to operate its facilities.
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 provided by Lessee shall be installed in compliance with all applicable
building and electrical codes and regulations of any government agencies having
jurisdiction.
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.
2
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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, 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 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, or otherwise.
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(including equipment shelter
and real property owned by Lessor). Lessee shall be solely responsible for the
performance of any routine, extraordinary, or emergency repairs or maintenance on
Lessor's Tower or Lessor's equipment shelter that are caused by or result from
Lessee's use of Lessor's Tower or equipment shelter.
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 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.
9.04 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.
3
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9.05 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.
9.06 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 use 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, 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.
12 INDEMNITY
12.01 To the extent permitted by law, each party agrees to indemnify and hold the other
party 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.
The indemnifying party shall defend each claim asserted and suit brought involving
any matter of which the other party is indemnified hereunder, and shall pay all costs,
expenses, and attorney fees incidental thereto, and all judgments resulting therefrom.
The other party being indemnified hereunder shall have the right at its option to
participate in the defense of each suit or proceeding without relieving the
indemnifying party of any obligations hereunder. Notwithstanding the provisions
stated herein, nothing in this Agreement is intended as waiver by either party of
governmental immunity rights pursuant to state or federal law.
12.02 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 or be self-insured, in accordance with the Colorado
Governmental Immunity Act, if applicable, 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.
4
All insurance required hereunder shall remain in force for the entire term of this Lease
Agreement.
12.03 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, or from construction, repair or alteration of the Building, or from
any cause beyond Lessor's reasonable control.
13 GOVERNMENT APPROVAL
13.01 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.
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 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.
14.02 This Agreement shall be interpreted pursuant to the laws of the State of Colorado.
Venue for any legal action pursuant to this Agreement shall be in the State of
Colorado.
15 TERM OF LEASE
15.01 This Lease shall be effective for one year, commencing upon the date Lessee's
equipment is installed on the Tower, and shall be automatically renewable on an
annual basis, unless sooner terminated by either party pursuant to the provisions
hereinafter set forth.
5
% g00
15.02 Lessor may terminate this lease pursuant to the provisions of paragraph 16 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 Tower or at Site within 30 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. If Lessee has not removed all of its equipment from the
Site after the said 30 days, Lessor may, at its option, arrange for the equipment to be
removed at Lessee's expense, or Lessor may give notice to Lessee that the title to
such antennae and/or other communication equipment shall be deemed forfeited, after
which Lessor may exercise ownership and control over the said equipment.
16 DEFAULT
16.01 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.
16.02 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 16.02, this Agreement shall be considered terminated and
Lessee shall have 10 days after termination to remove its antennae and other
communication equipment, after which Lessor, may, at its option, arrange for the
equipment to be removed at Lessee's expense, or Lessor may give notice to Lessee
that the title to such antennae and/or other communication equipment shall be deemed
forfeited, after which Lessor may exercise ownership and/or control over said
antennae and/or equipment. If the defaulting party is Lessor, and the default
continues after the period for cure passes, Lessee may pursue all available legal
remedies.
16.03 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.
6
984/ 0
17 NOTICES
17.01 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 or by facsimile shall be deemed
delivered and effective upon receipt or upon attempted personal delivery, or upon
confirmed facsimile transmission. 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 or Lessee at the addresses and FAX numbers set forth on
Exhibit B.
18 ENTIRE AGREEMENT--MODIFICATION
18.01 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.
19 SEVERABILITY
19.01 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.
20 NO THIRD PARTY ENFORCEMENT
20.01 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.
7
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
COMMUNICA IONS NTER
By:
b- 30
Date:
Lessee:
McCAW RCC of COL RADO, INC.
(filida
By: 45 /`7 6
Date:
THE BOARD OF COUNTY COMMISSIONERS
FOR THE COUNTY OF WELD, ATTEST:
STATE OF COLORADO Clerk to the Board ?
BY' �.•i. By: • A) .i`�. -I
Constance L. Harbert, Chair Deputy
Date: 09/30/98
8
qg/,9'/ 0
EXHIBIT A
Lessee's System Information
Lessee: AT&T WIRELESS SERVICES
EQUIPMENT TO BE INSTALLED:
Feedline:
Radio:
Motorola Micor VHF Transmitter
Omni-directional antenna and
yagi mid-band antenna
Output power: 250 Watts
Transmit Frequency: 158.100
Receive Frequency:
Glenayre QT 7505C VHF Transmitter
Omni-directional antenna and
yagi mid-band antenna
Output power: 150 Watts
Transmit Frequency: 158.700
Receive Frequency:
Substantially equivalent items may be substituted for the antenna, feedline, and radio upon
notification to Lessor.
9
957/g /%;
EXHIBIT B
If to Lessor, to:
Weld County Regional Communications Center
Attn: Jim McEachron
919 7th Street
Greeley, Colorado 80631
If to Tenant,to: With a copy to:
AT&T Wireless services AT&T Wireless
110 -110th Avenue NE 1001 - 16th Street
Suite 200 Suite Cl
Bellevue, WA 98004 Denver, CO 80265
Attn: Messaging Lease Dept. Attn: Mike Wisch
Phone: 425-990-4400 Phone: 303-575-6032
Fax: 425-990-4200
Send Bills to: Send payments to:
AT&T Wireless Service
Lease A/P Department
110 - 110th Avenue NE
Suite 200
Bellevue, WA 98004
Phone: 425-990-4400
10
COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT
THIS AGREEMENT entered into this 3day of 3P{-cm her , 1998, by and between
WELD COUNTY REGIONAL COMMUNICATIONS CENTER,herein referred to as
Lessor, and LUTHERAN HEALTH SYSTEMS, operator of NORTH COLORADO
MEDICAL CENTER, a member of Western Plains Health Network, herein referred to as
Lessee.
BACKGROUND INFORMATION
A. Lessor is the current owner of a certain communications tower and building ("the
Tower") located on Weld County Road 38, approximately 6 miles south of LaSalle, Colorado,
with coordinates of Latitude: 40 15 40 N, and Longitude: 140 42 20 W. ("The Site")
B. Lessee desires to lease space on the Tower, and Lessor agrees to permit Lessee to
lease space on the Tower, on certain terms and conditions.
C. 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 A, attached hereto and
incorporated by reference, including, but not limited to, antenna equipment, power
supplies, equipment housings, conduits, and other related apparatus on the Tower.
The antenna is to be installed as close as practicable to the 280 foot level on the
Tower.
2.02 The parties agree that Lessee may place no more than one (1) equipment cabinet
at a location in Lessor's building to be designated by Lessor.
3 RENTAL
3.01 Lessee shall pay to Lessor as rent during the term of this lease, $250.00 per month
in advance for each and every month that Lessee uses the communications Tower,
or stores or maintains no more than one (1) equipment cabinet on Lessor's
premises, or both. Rental payment amounts may be re-negotiated for any
1
9gisiCD
subsequent term in which this Lease Agreement is automatically renewed,
pursuant to the provisions set forth in paragraph 13 of this Agreement, if notice of
intent to re-negotiate rental amounts is given to the other party within 30 days of
the renewal date.
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 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 Tower Site.
5 TELEPHONE SERVICE
5.01 Lessee may, at its sole cost, elect to install and maintain telephone service to its
facilities.
6 INSTALLATION
6.01 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.
6.02 All equipment provided by Lessee shall be installed in compliance with all
applicable building and electrical codes and regulations of any government
agencies having jurisdiction.
6.03 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 INTERFERENCE OR DAMAGE TO LESSOR'S SYSTEM
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
previously installed communications system located at the Tower, 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.
7.02 Lessee shall be liable for any damages or problems incurred or sustained by
2
•
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, or otherwise.
8 TOWER AND EOUIPMENT 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 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.
8.03 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 requirements of the Federal
Communications Commission and/or all other public authorities with jurisdiction
over Lessee.
8.04 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.
8.05 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 use 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.
9 NONEXCLUSIVE LEASE
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 communication system.
10 ASSIGNMENT
10.01 This lease shall not be assigned, 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.
3
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.
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.
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 or be self-insured, in accordance with
the Colorado Governmental Immunity Act, if applicable, 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.
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.
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 COMPLIANCE WITH LAWS
13.01 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.
4
,C1S/ I/ i)
14 TERM OF LEASE
14.01 This Lease shall be effective for one year, commencing upon the date Lessee's
equipment is installed on the Tower, and shall be automatically renewable on an
annual basis, unless sooner terminated by either party pursuant to the provisions
hereinafter set forth.
14.02 Lessor may terminate this lease pursuant to the provisions of paragraph 16 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 Tower
or at Site within 30 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, wear and tear excepted. If Lessee
has not removed all of its equipment from the Site after the said 30 days, Lessor
may, at its option, arrange for the equipment to be removed at Lessee's expense,
or Lessor may give notice to Lessee that the title to such antennae and/or other
communication equipment shall be deemed forfeited, after which Lessor may
exercise ownership and control over the said equipment.
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 16.02, this Agreement shall be
considered terminated and Lessee shall have 10 days after termination to remove
its antennae and other communication equipment, after which Lessor, may, at its
option, arrange for the equipment to be removed at Lessee's expense, or Lessor
may give notice to Lessee that the title to such antennae and/or other
communication equipment shall be deemed forfeited, after which Lessor may
exercise ownership and/or control over said antennae and/or equipment. If the
defaulting party is Lessor, and the default continues after the period for cure
passes, Lessee may pursue all available legal remedies.
5
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 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
FAX:
Lessee: North Colorado Medical Center
ATTN: Contract Manager
1801 16th Street
Greeley, Colorado 80631
FAX: 350-6314
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.
6
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
COMMUNI ATI S NTER
By:
C "
Date:
Lessee:
LUTHERAN HEALTH SYSTEMS, Operator of
NORTHERN COLORADO MEDICAL CENTER
a Member of Western Plains Health Network
By:
Date:
THE BOARD OF COUNTY COMMISSIONERS
FOR THE COUNTY OF WELD, ATTEST: Cer
►
STATE OF COLORADO Clerk to the Boar.'
BY: _,C2-72-1-7A-_-,7,e-e..., By: /
Constance L. Harbert, Chair Deputy N'- I ��` /
U-' =I
Date: 09/30/98
7
/ L-1
EXHIBIT A
Lessee's System Information
Lessee: LUTHERAN HEALTH SYSTEMS, operator of NORTH COLORADO
MEDICAL CENTER, a Member of Western Plains Health Network
EQUIPMENT TO BE INSTALLED:
Feedline: 300' 7/8" coax LDF
Radio: GE Master II
Output power: 100 Watts
Transmit Frequency: Fl =463.000 F2 = 463.025 F3 =463.050 F4 = 463.075
Receive Frequency: Fl =468.000 F2 = 468.025 F3 =468.050 F4 = 468.075
Substantially equivalent items may be substituted for the antenna, feedline, and radio upon
notification to Lessor.
GE Master II Base to be replaced by Lessee, with Motorola MTR 2000, such replacement to
occur on or before January 1, 2000.
8
COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT
THIS AGREEMENT (hereinafter referred to as "Lease"or"Agreement") entered into this
day of he }ember, 1998, by and between WELD COUNTY REGIONAL
COMMUNICATIONS CENTER, herein referred to as Lessor, and US WEST WIRELESS,
L.L.C., herein referred to as Lessee.
BACKGROUND INFORMATION
A. Lessor is the current owner of a certain communications tower and building ("the
Tower") located at 16059 WCR 100, Nunn, Colorado. ("The Site")
B. Lessee desires to lease space on the Tower, and Lessor agrees to permit Lessee to
lease space on the Tower, on certain terms and conditions.
C. 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 A, attached hereto and
incorporated by reference, including, but not limited to, antenna equipment, power
supplies, equipment housings, conduits, and other related apparatus on the Tower.
The antenna is to be installed as close as practicable to the foot level on the
Tower.
2.02 The parties agree that Lessee may place no more than one equipment
cabinet at a location to be designated by Lessor.
3 RENTAL
3.01 Lessee shall pay to Lessor as rent during the term of this lease, $250.00 per month
in advance for each and every month that Lessee uses the communications Tower,
or stores or maintains no more than one equipment cabinet on Lessor's premises,
or both. Rental payment amounts may be re-negotiated for any subsequent term
in which this Lease Agreement is automatically renewed, pursuant to the
provisions set forth in paragraph 15 of this Agreement, if notice of intent to re-
1
C?—, X/4I
negotiate rental amounts is given to the other party within 30 days of the renewal
date. In no event shall the rent be increased by more than four percent(4%) over
the previous year's rental 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 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 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
connection to the existing service to operate its facilities.
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 provided by Lessee shall be installed in compliance with all
applicable building and electrical codes and regulations of any government
agencies having jurisdiction.
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.
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, 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
2
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 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, or otherwise.
9 TOWER AND EOUIPMENT 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.
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 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.
9.04 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.
9.05 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.
9.06 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 use 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.
3
`/X/ / /J
10 ENVIRONMENTAL MATTERS
10.01 Lessee will be solely responsible for and will defend, indemnify and hold Lessor,
its agents and employees harmless from and against any and all direct claims,
costs and liabilities, including reasonable attorneys' fees and costs, arising out of
or in connection with the cleanup or restoration of the property located at Lessor's
Tower Site associated with the use of Hazardous Materials.
10.02 To the extent allowed by applicable law, Lessor will be solely responsible for and
will defend, indemnify and hold Lessee, its agents and employees harmless from
and against any and all direct claims, costs and liabilities, including reasonable
attorneys' fees and costs, arising out of or in connection with the removal, cleanup
or restoration of the property with respect to Hazardous Materials from any and
all sources other than those Hazardous Materials introduced to the property by
Lessee.
10.03 "Hazardous Materials"means asbestos or any hazardous substance, waste or
materials as defined in any federal, state or local environmental or safety law or
regulation including, but not limited to, CERCLA.
10.04 the obligations of this Section 10 shall survive the expiration or other termination
of this Agreement.
11 NONEXCLUSIVE LEASE
11.01 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.
12 ASSIGNMENT
12.01 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.
12.02 Upon Lessor's written consent, which shall not be unreasonably withheld, Lessee
may assign this Lease, including its right to renew, to any person or business
entity which is licensed by the Federal Communications Commission.
12.03 Lessee may assign this Lease and its other rights hereunder to any person or
business entity which is a parent, subsidiary or affiliate of Lessee without Lessor's
consent. Lessee shall notify Lessor within 30 days after any such assignment.
12.04 Upon notification to Lessor of any assignment, Lessee shall be relieved of all
performance, liabilities and obligations under this Agreement.
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13 INDEMNITY
13.01 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.
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.
13.02 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 or be self-insured, in accordance with
the Colorado Governmental Immunity Act, if applicable, 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.
13.03 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, or from construction,
repair or alteration of the Building, or from any cause beyond Lessor's reasonable
control.
14 GOVERNMENT APPROVAL
14.01 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.
14.02 If, after execution of this lease, Lessee is unable to continue to occupy Lessor's
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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.
15 TERM OF LEASE
15.01 This Lease shall be effective for one year, commencing upon the date Lessee's
equipment is installed on the Tower, 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 Lessor does not warrant
or guarantee that this Lease Agreement will continue for any term beyond what is
stated.
15.02 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 Tower
or at Site within 30 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, reasonable wear and tear
excepted. If Lessee has not removed all of its equipment from the Site after the
said 30 days, Lessor may, at its option, arrange for the equipment to be removed
at Lessee's expense, or Lessor may, after giving 10 days notice to Lessee, deem
the antennae and/or other communications equipment to have been abandoned by
Lessee, and the said antennae and/or other communications equipment shall then
be deemed forfeited and shall become the property of Lessor.
16 COMPLIANCE WITH LAWS
16.01 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.
This Agreement shall be interpreted pursuant to the laws of the State of Colorado.
17 DEFAULT
17.01 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
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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.
17.02 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 17.02, this Agreement shall be
considered terminated and Lessee shall have 10 days after termination to remove
its antennae and other communication equipment, after which Lessor, may, at its
option, arrange for the antennae and/or other communications equipment to be
removed at Lessee's expense, or Lessor may, after giving 10 days notice to
Lessee, deem the antennae and/or other communication equipment forfeited, and
said antennae and/or other communications equipment shall become the property
of Lessor. If the defaulting party is Lessor, and the default continues after the
period for cure passes, Lessee may pursue all available legal remedies herein set
forth, including arbitration.
17.03 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.
18 NOTICES
18.01 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
FAX:
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Lessee: US WEST Wireless, L.L.C.
do US WEST Communications Group Real Estate Services
8200 East Belleview, Suite 500
Greenwood Village, Colorado 80111
ATTN: PSL Manager/Wireless
FAX: 303-694-1719
With a courtesy copy to:
US WEST Wireless, L.L.C.
4301 East Colfax Avenue, Room 314
Denver, Colorado 80220
ATTN: Regional Real Estate Manager
FAX: 303-398-8497
19 ARBITRATION
19.01 Any claim, controversy or dispute arising out of this Agreement shall be settled
by arbitration in accordance with the applicable rules of the American Arbitration
Association, and judgment upon the award rendered by the arbitrator may be
entered in any court having jurisdiction thereof. The arbitration shall be
conducted in the county where the Property is located. There shall be no
discovery other than the exchange of information which is provided to the
arbitrator by the parties. The arbitrator shall have the authority only to award
compensatory damages and shall not have authority to award punitive damages or
other noncompensatory damages; the parties hereby waive all rights to and claims
for monetary awards other than compensatory damages.
20 ENTIRE AGREEMENT -- MODIFICATION
20.01 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.
21 SEVERABILITY
21.01 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.
22 NO THIRD PARTY ENFORCEMENT
22.01 It is expressly understood and agreed that enforcement of the terms and conditions
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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
COMMUN ATIO 131 NTER
Cu.
:
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Date:
Lessee:
US WEST IRELES .L.C..
By:
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Date:
tit , - `'
THE BOARD OF COUNTY COMMISSIONERS
FOR THE COUNTY OF WELD, ATTEST. /
STATE OF COLORADO Clerk to the Bo � -sr' _
BY ?h� i ' riZ.�10i By: v '
Constance L. Harbert, Chair Deputy
Date: 09/30/98
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EXHIBIT A
Lessee's System Information
Lessee: US WEST WIRELESS, L.L.C.
EQUIPMENT TO BE INSTALLED:
Feedline:
Radio:
Output power
Transmit Frequency:
Receive Frequency:
Substantially equivalent items may be substituted for the antenna, feedline, and radio upon
notification to Lessor.
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