HomeMy WebLinkAbout20242889.tiffRESOLUTION
RE: APPROVE AMENDMENT #1 TO AGREEMENT FOR COMMUNICATIONS TOWER
SITE LEASE 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 Amendment #1 to the Agreement for a
Communications Tower Site Lease (located at 18940 County Road 38, Platteville,
Colorado 80651) between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Public Safety
Communications, and the U.S. Department of Transportation, Federal Aviation Administration,
commencing October 1, 2024, and ending September 30, 2039, with further terms and conditions
being as stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Amendment #1 to the Agreement for a Communications Tower Site
Lease (located at 18940 County Road 38, Platteville, Colorado 80651) between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Department of Public Safety Communications, and the U.S. Department of
Transportation, Federal Aviation Administration, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of October, A.D., 2024, nunc pro tunc October 1, 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
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Weld County Clerk to the Board
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Deputy Clerk to the Board
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ounty Attor
Date of signature:
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Kevin D. Ross, Chair
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2024-2889
CM0029
Conivac-F- (M3199
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS AROUND TITLE: Tower Lease Amendment - FAA
DEPARTMENT: Public Safety communications
PERSON REQUESTING: Tina Powell
DATE: 10/15/2024
Brief description of the problem/issue:
The FAA is requesting to renew their lease with Weld County for equipment they house on our Platteville Radio Tower. Byron in legal has reviewed and
approved this amendment. Payments to Weld Gounty will be $12,360 annually during the first 5 years and then increase 3% annually until the end of
lease terms.
What options exist for the Board?
Approve: Weld County is paid for equipment on our tower
Decline: FAA would need to remove their equipment from our tower and no payments to WC
Consequences:
None
Impacts:
Financial payments will cease if not approved
Cost (Current Fiscal Year/Ongoing or Subsequent Fiscal Years:
There are no costs associated with this project for Weld County.
Recommendation:
Approve amendment and allow FAA to retain use of the tower.
Perry L. Buck, Pro-Tem
Mike Freeman
Scott K. James
Kevin D. Ross, Chair
Lori Saine
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
2024-2889
a30 cMoo Zq
FIRST AMENDED AGREEMENT BETWEEN THE WELD COUNTY BOARD OF COMMISSIONERS ON
BEHALF OF THE WELD COUNTY PUBLIC SAFETY COMMUNICATIONS DEPARTMENT
AND THE U.S. DEPT. OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION
This First Amended Agreement made and entered into this September 20 of 2024 by and
between the Board of Weld County Commissioners, on behalf of the Weld County Public Safety
Communications Department, hereinafter referred to as the "Lessor", and the United States of
America, U.S. Department of Transportation, Federal Aviation Administration, hereinafter
referred to as the "Lessee".
WHEREAS the parties entered into an Agreement to [for) leasing space on Lessor's
communications tower located at 18940 CR 38, Platteville, Colorado, (the "Original Agreement")
identified by the Weld County Clerk to the Board of County Commissioners as document No.
2019-1558, and the Federal Aviation Administration Lease No. 690EG4-19-L-00033, approved
on April 22, 2019.
WHEREAS the parties hereby agree to amend the monthly lease dollar amount of the
Original Agreement in accordance with the terms of the Original Agreement, which is
incorporated by reference herein, as well as the terms provided herein.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree
as follows:
• The Original Agreement Rental Amount of $1,000 per month will end on September 30,
2024. The new Rental Amount of $1,030 commencing on October 1, 2024 and continuing
through September 30, 2029; thereafter, a 3% annual increase will apply commencing on
October 1, 2029 and continuing through September 30,2039.
• This Amendment, together with the Original Agreement, constitutes the entire
understanding between the parties. The following additional changes are hereby
made to the current Agreement:
1. The monthly lease Rental Amount will change from $1,000 per month to the
following payment installments (monthly rates may vary based on rounding):
Payment Period
Annual Rent
Monthly Rent
10/1/2024-9/30/2025
$12,360.00
$1,030.00
10/1/2025-9/30/2026
$12,360.00
$1,030.00
10/1/2026-9/30/2027
$12,360.00
$1,030.00
10/1/2027-9/30/2028
$12,360.00
$1,030.00
10/1/2028-9/30/2029
$12,360.00
$1,030.00
10/1/2029-9/30/2030
$12,732.00
$1,061.00
10/1/2030-9/30/2031
$13,116.00
$1,093.00
10/1/2031-9/30/2032
$13,512.00
$1,126.00
10/1/2032-9/30/2033
$13,920.00
$1,160.00
10/1/2033-9/30/2034
$14,328.00
$1,194.00
10/1/2034-9/30/2035
$14,760.00
$1,230.00
10/1/2035-9/30/2036
$15,204.00
$1,267.00
10/1/2036-9/30/2037
$15,660.00
$1,305.00
10/1/2037-9/30/2038
$16,116.00
$1,343.00
10/1/2038-9/30/2039
$16,620.00
$1,385.00
• All other terms and conditions of the Original Agreement remain unchanged.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day,
month, and year first above written.
COUNTY AS LESSOR,:
ATTEST:)
BY:
Clerk to the Boar
Deputy Clerk to the
OARD OF COUNTY COMMISSIONERS
DCOU 0
D. Ross, Chair
ESEE
0
FEDERAL AVIATIOON ADMINISTRATION
NORTHWEST MOUNTAIN REGION
Real Estate and Utilities Group, AAQ 930
2200 16th Ave. S
Des Moines, WA 98198
Digitally signed by Hilda
Hilda Gonzalez
Hilda Gonzalez, RE Contracting Officer
Date:
aZo.2 9
Contract Form
Entity Information
Entity Name*
FEDERAL AVIATION
ADMINISTRATION
Entity ID*
@00012237
Contract Name *
FAA PLATTEVILLE TOWER AMENDMENT
Contract Status
CTB REVIEW
O New Entity?
Contract ID
8799
Contract Lead *
TPOWELL
Contract Lead Email
tpowell@weld.gov
Contract Description
CONTRACT RENEWAL AMENDMENT FOR FAA AT THE PLATTEVILLE TOWER
Contract Description 2
Contract Type *
AMENDMENT
Amount*
$12,360.00
Renewable*
YES
Automatic Renewal
NO
Grant
IGA
Department
COMMUNICATIONS
Department Email
CM-
Communications@weld.g
ov
Department Head Email
CM-Communications-
DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Parent Contract ID
Requires Board Approval
YES
Department Project #
Requested BOCC Agenda Due Date
Date* 10/26/2024
10/30/2024
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
NO
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Contact Info
Review Date *
10/15/2026
Renewal Date*
10/15/2025
Committed Delivery Date Expiration Date
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
TINA POWELL
DH Approved Date
10/21/2024
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
10/30/2024
Finance Approver
CHERYL PATTELLI
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
10/22/2024 10/22/2024
Tyler Ref #
AG 103024
Originator
TPOWELL
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