HomeMy WebLinkAbout972374.tiffRESOLUTION
RE: APPROVE COMMUNICATIONS TOWER LEASE AGREEMENT 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 Communications Tower Lease
Agreement between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and Sprint Spectrum L.P., with terms and conditions
being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Communications Tower Lease Agreement between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, and Sprint Spectrum L.P. be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of November, A.D., 1997.
BOARD OF COUNTY COMMISSIONERS
972374
WELD COUNTY, COLORADO
r.
George -E. Baxter, Chair
onstance L. Harbert, P;o-Tem
Barbara J. Kirkmeyer
e c: CM; 5prinr; . A
CM0010
COMMUNICATIONS TOWER LEASE AGREEMENT
THIS AGREEMENT entered into this Oh day of / 0tezi , 1997, by and between
BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTY, STATE OF
COLORADO, herein referred to as Lessor, and SPRINT SPECTRUM, L.P., a Delaware
limited partnership, 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 leases to Lessee the space on Lessor's radio communication tower located at 3101
35th Avenue, Greeley, Colorado 80631 described on Exhibit A attached hereto, together
with approximately ,2pp square feet of floor area in the existing building as shown on
Exhibit A, together with access thereto at all times and in the discretion of Lessee and
with Lessor's prior approval, source of electric and telephone facilities. (Hereinafter
referred to cumulatively as "the Site.") The Site will be used by Lessee for the purpose of
installing, removing, replacing, modifying, maintaining and operating, at its expense, a
personal communications service system which initially includes the equipment described
on Exhibit A attached hereto including without limitation, antenna equipment, emergency
backup generator, cable wiring, and related fixtures. Lessee shall have the right, at its
expense, to make such improvements, modifications and additions to its equipment as it
deems necessary from time to time, so long as it does not interfere with the use of the Site
by Lessor.
2 RENTAL
2.01 Lessee shall pay to Lessor as rent, $850.00 per month in advance for each and every
month that Lessee uses the communications tower, or stores or maintains up to five (5)
equipment cabinets on Lessor's premises, or both. If the term of this Lease Agreement is
automatically renewed, pursuant to the provisions set forth in paragraph 5 of this
Agreement, for each renewal after the first five-year renewal, rental payment amounts
shall increase at a rate of twenty (20%) percent of the previous rental period amount, with
monthly installments payable in advance. Any payment of rent for a portion of a month
shall be prorated. Rental payments shall be abated for any period during which the
Tower is not available to Lessee for reasons under Lessor's direct control.
3 ACCESS
3.01 Lessor shall provide Lessee with access to the Site, which includes space in the building
leased hereunder, at all times on a 24 -hour day, 7 -day a week basis in order to install,
remove, replace, modify, maintain, repair and operate Lessee's equipment. Lessee shall
make sure all access points are secure when entering or leaving the Tower site. Lessee
agrees to permit only employees or contractors of Lessee or persons under Lessee's direct
supervision to enter the Site.
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4 UTILITIES AND TAXES
4.01 Lessor represents that utilities adequate for Lessee's use of the site are available. Lessee
will pay for all utilities used by it at the site, and Lessee will sign any instrument
reasonably requested by the utility company concerning Lessee's utilities. Lessor will
assist Lessee in Lessee's efforts to obtain utilities from any location provided by Lessor
or the servicing utility. Lessee shall separately meter its utilities if it is economically and
legally feasible at the Site. If Lessee is unable to separately meter its utilities at the Site,
Lessee agrees to promptly pay within 30 days after receipt, any bill for Lessee's utility
use presented to Lessee by Lessor.
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
at the Site. 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 the date of signing by both parties,
and shall be automatically renewable for five (5) additional terms consisting of five (5)
years each, 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 communications tower facility within 30
days after termination of this lease, and shall leave Lessor's communications tower
facility in substantially the same condition as it existed prior to the date when Lessee
installed its communications equipment.
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 or
other existing lessee's or licensee's equipment or devices that are located on the Site on
the date on which the relevant installation is commenced.
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. Lessor will provide reasonable assistance to Lessee in obtaining any
necessary permits for installation of Lessee's equipment, although Lessor does not
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warrant that Lessee will obtain any particular permit, nor what permits are necessary.
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 any other communication system located on the
Site on the date of the commencement of the installation of the relevant equipment,
Lessee will resolve technical interference problems with any such equipment. If the
interference problems cannot be remedied within hours of notice to Lessee, then
Lessee shall immediately cease operating its interfering equipment until such interference
is verified to be eliminated.
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 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 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 may result
in a temporary disruption of service to Lessee, Lessor shall give notice to Lessee at least
30 days prior to the anticipated possible disruption.
8.03 Lessor shall be responsible for compliance with all regulations requiring painting and/or
lighting of Lessor's communications tower, including operation, maintenance and
inspection of the Tower, lighting, and alarm systems.
8.04 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.
8.05 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.
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972.374
9 NONEXCLUSIVE LEASE
9.01 Lessor shall have the right to lease other portions of its communications tower facility to
other parties. Lessor shall not permit any subsequent lessee, or any current lessee which
subsequently modifies its existing equipment, to interfere with the performance of
Lessee's communications system or to encroach upon the space located at the Site and
specifically leased to Lessee hereunder. Lessor will not make any modifications or
additions to its communications system which result in technical interference problems
with Lessee's then existing communications system.
10 ASSIGNMENT
10.01 Lessee may assign its rights and responsibilities in this Agreement to any entity
controlling, controlled by, or under the common control of Lessee, or to any party that
has subsequently acquired substantially all of Lessee's assets, with the condition that the
assignment must be for the entire Agreement, and the assignee agrees to be bound by all
of the terms and conditions of the Agreement. Lessee shall give written notice to Lessor
within 30 days of the assignment of the Agreement. Lessee will not assign or transfer
this Agreement to any other entity not above named without the prior written consent of
Lessor, which consent will not be unreasonably withheld, delayed or conditioned.
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 (or for contractors
or subcontractors, during the time they are performing services on the Site), 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
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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
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, but not
limited to, 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. HAZARDOUS SUBSTANCE. 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.
13.02 Lessor represents that it has no knowledge of any substance, chemical or waste
(collectively, "substance") on the Site that is identified as hazardous, toxic or dangerous
in any applicable federal, state or local law or regulation. Lessee will not introduce or use
any such substance on the Site in violation of any applicable law.
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. Lessor
represents that to Lessor's best knowledge, the Site property and all improvements
located thereon, are in substantial compliance with building, life/safety, disability and
other laws, codes and regulations of applicable governmental authorities.
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
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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, this Agreement shall
be considered terminated and Lessee shall have 120 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 will have the
right to terminate this Lease or to pursue any other available legal remedies, or both.
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 on below, until such
time as written notice of a change is received from the party wishing to make a change of
address. Any notice so mailed 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.
ADDRESSES OF PARTIES:
LESSOR: Weld County Board of County Commissioners
P.O. Box 758
Greeley, Colorado 80632
Sprint Spectrum, L.P.
LESSEE: 4700 S. Syracuse Street, Suite 600
Denver, CO 80237
17 AUTHORITY TO ENTER INTO THIS LEASE
17.01 Lessor represents and agrees (a) that it is the owner of the Site; (b) that is has the right to
enter into this Agreement; (c) that the person signing this Agreement has the authority to
sign; (d) that Lessee is entitled to access to the Site at all times. Lessee acknowledges
that this lease is subject to the provisions of a Permanent Facilities License Agreement
dated June 13, 1997 between the Board of County Commissioners for the County of
Weld and U.S. West Communications, Inc., recorded at Book 1613, Page 679, Reception
No. 2555462, on June 30, 1997, in the records of the Weld County Clerk and Recorder.
18 ENTIRE AGREEMENT -- MODIFICATION
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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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate
originals on the dates shown below our respective signatures.
Lessor:
BOARD OF COUNTY COMMISSIONERS
FOR WE COUNTY, TAT COLORADO
T
By.Geofgy. Baxter, Chair
November 10, 1997
Date:
Lessee:
SPRINT SPECTRUM, L.P.
By:
Date:
David L.
11
Director, Engineering & Netwer'< Operations
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97274
APPROVED : TO FORM:
By:
eld County orney
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972Z!741
Version 3
7-30-97
EXHIBIT A*
Site Name Weld County Tower
Site Description
Site I.D. 301d (GR-03-A)
Site situated within the Owner's property located in the City of Greeley County of Weld, State of Colorado commonly
described as follows:
Legal Description:
Lot 2, US West Communications, 1st Filing, City of Greeley, Weld County, State of Colorado.
Also known as 3101 35th Avenue, Greeley, CO 80631
97"2-11
f:ra S iz
Version 3 7-30-97
Site Name Weld County Tower
Sketch of Site:
SSI,P PROPOSED
EQUIPMENT LOCATION
(APPROX. 14' x 13')
EXISTING BUILDING
Owner Initials
SSLP Initials
EXHIBIT A*
Site Description
Continued
EXISTING FENCE
r
PROPOSED SSLP ANTENNA I
0 A ION
EXISTING TOWER
L=-=-=-_�_-_-_ _-_-_-=-=_Y_=J
NORTH T
Site I.D. 301d (GR-03-AZ
3101 351)1 AVE
(Drawing not to scale)
Note: Owner and SSLP may, at SSLP's option, replace this Exhibit with an exhibit setting forth the legal description of the property on
which the Site is located and/or an as -built drawing depicting the Site.
9/2:171
Version 3
Site Name Weld County Tower
Equipment List:
Base Transmit Station equipment:
1 primary radio cabinet
1 primary power cabinet
1 backup power cabinet
2 growth cabinets
1 telco cabinet
9 rf antennas
9 coax runs
Microwave equipment:
1 microwave cabinet
1 4' dish at 90' on the tower
1 waveguide run
EXHIBIT A*
Site Description
Continued
Site I.D. 301d GR-03-A
972374
Sprint
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NOV 0h199
GELD COUNTY
ATTORNEY'S OFFICE
November 5, 1997
Ms. Cindy Giauque
Weld County Attorney's Office
P.O. Box 1948
915 Tenth Street
Greeley, CO 80632
Sprint PCS'
Engineering and
Network Operations
4700 S. Syracuse SL
Suite 600
Denver, Colorado 80237
Re: Communications Tower Lease Agreement; SSLP site 301d
Telephone: 303 488 9340
Fax: 303 290 6367
Dear Ms. Giauque:
SBA of Denver, Inc. forwarded three originals of the referenced agreement for our
execution and inclusion of Exhibit A. To save time I have forwarded the complete and
signed agreements to you directly.
We understand that the Board of County Commissioners is required to review this
agreement and that they meet twice a week. At your earliest convenience please return
two fully executed originals to the attention of the undersigned.
We at Sprint Spectrum L.P. very much appreciate your work with us in finalizing
the details of this agreement. Feel free to contact me with any questions: 303-488-9394.
Sincerely,
SPRINT SPECTRUM L.P.
Greg Burget
Property Specialist
972.771
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