HomeMy WebLinkAbout20181553.tiffConivac�HP4-7O-14
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Update License Agreement with Weld Amateur Radio Society
DEPARTMENT: Emergency Management DATE: June 1, 2023
PERSON REQUESTING: Roy Rudisill
Brief description of the problem/issue:
Commissioners, in May of 2018 the Board approved a License Agreement with Weld Amateur Radio Society to
house and install amateur radio equipment at the LaSalle radio tower site. This agreement has supported the
Sky Warn Program which supports communication related to severe weather. The weather spotters rely on the
amateur radio system to communicate and report severe weather to Emergency Management and the National
Weather Service.
Having the equipment on the LaSalle Tower has increased our communication capability and helped with
gaining information from weather spotters.
Working with Wireless Communication and Director Powell with WCRCC, we would like to continue this
License Agreement with an expiration date in 2033.
I believe this agreement will help to maintain our capability for emergency weather communication with our
Weather Spotters and other emergency communication Emergency Management conducts with the Amateur
Radio Operators.
Weld Amateur Radio Society has requested to add some additional equipment at the tower, this equipment list
has been reviewed by Wireless Communications, it meets their requirement and will not interfere with our
Public Safety Communications. The list of equipment is attached as an update the exhibit A of the agreement.
I'm requesting the BOCC to approve this License Agreement extension and allow me to add it to the BOCC
agenda for approval, this agreement will expire in June of 2033.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options):
Approve agreement extension this will help to maintain our current capability
Deny the extension- this will impact our emergency communication for severe weather reporting.
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Recommendation:
Approve extension -allow OEM to add the agreement to the BOCC agenda for approval.
A rove
Recom endation
Perry L. Buck, Pro-Tem
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Saine
Schedule
Work Session Other/Comments:
CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN
THE WELD COUNTY DEPARTMENT OF Office of Emergency Management
AND _Weld Amateur Radio Society (WARS) _
This Agreement Extension/Renewal ("Renewal"), made and entered into. 19 day of line.,
Za "' by and between the Board of Weld County Commissioners, on behalf of the Weld County
Department of kmapiegalligiumalmuLtaU hereinafter referred to as the "Department", and
Weld Amateur Radio §11CALY (WARSI hereinafter referred to as the "Contractor".
WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld
County Clerk to the Board of County Commissioners as document No. j0181551 approved on j4av 14
2018.
WHEREAS the parties hereby agree to extend the term 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 will end on May 14. 2023,
The parties agree to extend the Original Agreement for an additional 10 years period, which will
begin ,May 15,2023 and will end on May 14. 2033.
The Renewal, together with the Original Agreement, constitutes the entire understanding between
the parties. The following change is hereby made to the Contract Documents, which shall be
effective upon the expiration of the current term of the Original Agreement
1. additional equipment list added to exhibit A
2. Updated contact information for Weld Amateur Radio Society
* 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.
CONTRACTOR:
Richard Gordon
Printhd Name�
Signature
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mike Freeman, Chair JUN 1 9 2023
ATTEST: dale)) "•Jed;K•
Weld C • . ty Clerk to the
BY:
020/8- /5 3
Updated June 2023
COMMUNICATIONS TOWER AND SITE LICENSELICENSE AGREEMENT
Exhibit A
Equipment to Be Installed Inside Licensor's Equipment Shelter
• 2 Meter Band Duplexer
Power Supply
2 Meter Band Repeater
• Radio Controller
• 70 Centimeter Band Duplexer
• 70 Centimeter Band Repeater
• Lightning /Surge suppression Device per Coaxial Cable
Equipment to Be Installed on Licensor's Tower
• UHF Antenna with 7/8 -inch Coaxial Cable at the 300 -foot level
• VHF Antenna with 7/8 -inch Coaxial Cable at the 370 -foot level
Additional Equipment added June 2023
2 Ethernet connections (1 for each repeater) from Rise Broadband. These would be physical cables
from the Rise equipment and would run into the South side of the building. These connections
allow for linking repeaters via the internet.
2 routers (in case we decide to add other features like All-star, Echolink, M17)
2 single board computers (Raspberry Pis). (Again, for linking or for transcoding)
1 dual band (VHF UHF) vertical fiberglass enclosed antenna for RX only to be mounted on a tower
leg at a minimum height of 15'. This antenna will be used to remotely control the repeaters.
Contract Form
New Contract Request
Entity Information
Entity Name* Entity ID.
WELD AMATEUR RADIO SOCIETY OO0039454
(WARS)
Contract Name*
CONTRACT AGREEMENT EXTENSION
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
7074
Contract Lead*
GMARQUEZ
Contract Lead Email
grnarquezOco.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
WARS AND WELD COUNTY AGREE TO EXTEND THE TERM OF THE ORGINIAL AGREEMENT TO INSTALL AMATEUR RADIO
EQUIPMENT AT HTE LASALLE RADIO TOWER SITE.
Contract Description 2
Contract Type*
CONTRACT
Amount*
10.00
Renewable*
YES
Automatic Renewal
Grant
IGA
Department
OEM
Department Email
CM-OEMUweldgov.com
Department Head Email
CM-OEM-
DeptHead0weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM -
C OU NTYATTO RN EYS E W ELDG
OV.COM
Requested BOCC Agenda
Date*
06;12;2023
Due Date
06/08.2023
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
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
Review Date*
OS 31 2033
Renewal Date*
06,;"01 r` 2033
Termination Notice Period
Committed Delivery Date Expiration Date
Contact Information
Contact Info
Contact Name
Purchasing
Contact Type Contact Email Contact Phone I Contact Phone 2
Purchasing Approver Purchasing Approved Date
CONSENT
Approval Process
Department Head
ROY RUDISILL
DH Approved Date
06'12!2023
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
06/1912023
Originator
GMARQUEZ
06 12 ,2023
Finance Approver
CONSENT
Legal Counsel
CONSENT
Finance Approved Date Legal Counsel Approved Date
06'12;`2023 06112 2023
Tyler Ref #
AG 061923
RESOLUTION
RE: APPROVE AGREEMENT FOR COMMUNICATIONS TOWER AND SITE LICENSE AND
AUTHORIZE CHAIR TO SIGN - WELD AMATEUR RADIO SOCIETY (WARS)
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for Communications Tower
and Site License 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 Weld Amateur Radio Society (WARS), commencing upon full execution of
signatures, and ending with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for Communications Tower and Site License 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 Weld Amateur Radio
Society (WARS) 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 14th day of May, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddrAvi) adtel;
Weld County Clerk to the Board
BY:
Deputy Clerk to the
APPR• P AS
unty A torney
Date of signature: .06 -ail -48
Steve Moreno, Chair
CC: OEM OW am) )
CM Cnit-o)
p6 -o8 —t
Mike Freeman
2018-1553
EM0018
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BOCC STAFF USE
Date Set: Time:
BOARD OF COUNTY COMMISSIONERS
WORK SESSION COVER LETTER
Department/Office: OEM
Work Session Topic/Title: Joint Information Center
Person requesting work session: Roy Rudisill
Date: 1.10.18
Extension: 3990
Has your commissioner coordinator/BOCC chair approved the work session?
X Yes, commissioner coordinator
Yes, BOCC chair
Recommended length of time needed for discussion:
15 minutes 20 minutes X 30 minutes other (list)
In addition to yourself and the board, please list who should attend: Don Warden,
Mike Wallace, Walt Leslie, Brett Phipps
Brief description of the issue: (please select one) ❑Informational only X Action needed
Weld County Office of Emergency Management has worked with our local Amateur
Radio clubs over the years, recently we have revitalized our working relationship and
have received a great benefit from their support.
Amateur Radio provides a great resource for OEM from weather spotter information,
sheltering operation communications and early damage reports. Northern Colorado
Amateur Radio Service and Weld County Radio Society (NCARS and WARS) would
like to continue to support OEM with radio service and equipment but they have an issue
with an antenna location at Treasure Island, and the location will be taken down.
I would like to have the Board approval to house the equipment at the LaSalle Tower to
maintain the communication capability and to consider adding additional equipment to
location in Nunn and Grover. This will increase the communication capability of our
office and the NE Region. Brett Phipps and Walt Leslie had completed a review of these
location and indicate it will not interfere with any current systems in place.
Options for the board:
Approve the placement of the equipment and develop a contract between WARS and the
County
Consider the purchase of new equipment and place the equipment at the LaSalle tower
site, this will help to maintain operational consistency and limit the issue of down time.
By owning the equipment this will allow County Staff to maintain the equipment and
2018-1553
BOCC STAFF USE
Date Set: Time:
schedule system checks and repairs. This is also limit third party access to our tower
locations. Costs can be addressed in future budgets, see attached budget sheet.
Recommendation to the board:
Place current equipment owned by WARS and contract with them for services/repairs at
their costs. Look at future placement of equipment at the Grover and Nunn tower sites.
BOARD CHAIR USE
Results/Outcomes:
COMMUNICATIONS TOWER AND SITE LICENSELICENSEAGR1'1:MENT
This AGREEMENT (hereinafter referred to as "LICENSE" or
"Agreement") made and entered into this (C f day of MaeA,
ao� g , by and between the Board of Weld County Commissioners, on
behalf of the Weld County Public Safety Communications Department,
hereinafter referred to as the "Licensor", and Weld Amateur Radio
Society (WARS), hereinafter referred to as the "Licensee."
WHEREAS Licensor is the current owner of a certain communications
tower ("the Tower") located at 18490 CR 38, La Salle, Colorado (the
"Site").
WHEREAS Licensee desires to license space on the Tower and on the
Site, and Licensor agrees to grant Licensee to a non-exclusive,
revocable license space on the Tower and Site, on certain terms and
conditions.
WHEREAS the parties desire to reduce the terms of their agreement
to writing.
NOW, THEREFORE, in consideration of the mutual covenants
contained herein and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
AGREEMENT
1 RECITALS
The above recitals are incorporated by reference, as though fully set forth herein
2 NON-EXCLUSIVE REVOCABLE LICENSE OF COMMUNICATIONS
TOWER AND SITE
apig-t553
( OMMUNIt'A I IONS 'l UWLR AND SII'L: LICENSNI,IcI.NSE AGRITMI.NT
2.1 Licensor hereby grants permission to Licensee 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,
equipment housings, conduits, and other related apparatus on the Tower. The
antenna equipment is to be installed at the 300 ft. level and the 370 ft. level of the
tower.
2.2 The parties agree that Licensee may place Licensee's equipment as set forth on
Exhibit A inside the Licensor's equipment shelter with approval of the size and
placement of the equipment to be designated by Licensor.
3 RENTAL
3.1 Access pursuant to this agreement will be allowed on the LaSalle Tower ;18940 CR
38, La Salle, Colorado, for the Weld Amateur Radio Society, without cost, only as
allowed within Exhibit A and for the time period outlined in t'nis agreement.
4 ACCESS
Licensor shall provide Licensee w th access only with an escort from Weld County
Public Safety Wireless Communications during normal county business days/hours
S ELECTRICAL POWER
There are existing electrical lines at the Site
6 INSTALLATION
6.1 Licensee's communications equipment as specified in Exhibit A shall be installed by
the Licensor at Licensor's expense utilizing a contractor hired by the Licensor.
6,2 Ail equipment provided by Licensee shall be installed in compliance with all
applicable building and electrical codes and regulations of any government agencies
having jurisdiction.
6.3 All equipment installed by Licensee on Licensor'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
contractor shall be made of stainless steel or galvanized to prevent rusting.
7 INTERFERENCE OR DAMAGE TO LICENSOR'S SYSTEM
COMMUNICATIONS TONNIR AND SITF 11CFNSFI.IC ENSF AGRF,FMENT
7.1 If, for any reason except defects in Licensor's system not caused by Licensee,
Licensee's installation and/or operation of its equipment or the equipment itself
should interfere or cause interference with the operation of Licensor's or any other
licensee's previously installed communications system located at the Tower,
Licensee shall immediately cease operating its equipment until such interference is
eliminated to Licensor's satisfaction. Licensee shall be responsible for the cost of
any special engineering required in order for Licensee to eliminate any such
interference by Licensee's equipment. If there is a conflict between Licensee and
any other subsequent user, Licensor shall require the subsequent user to resolve
the conflict.
7,2 Licensee shall be liable for any damages or problems incurred or sustained by
Licensor to Licensor's facilities due to acts of Licensee, its agents, contractors, or
representatives, as such acts relate to the installation, operation, maintenance,
repair, or replacement of Licensee's equipment at Licensor's Tower site, or
otherwise.
8 TOWER AND EQUIPMENT MAINTENANCE
8.1 Licensor shall be solely responsible for the performance of any routine,
extraordinary, or emergency repairs or maintenance on Licensor's Tower. Licensee
shall be solely responsible for the performance of any routine, extraordinary, or
emergency repairs or maintenance on Licensor's Tower that are caused by or result
from Licensee's use of Licensor's Tower,
8.2 Licensor shall be responsible for compliance with all regulations requiring painting
and/or lighting of Licensor's Tower, including operation, maintenance and
inspection of the Tower, lighting, and alarm systems.
8.3 Licensor shall have the right to make any reasonable changes, alterations or
improvements to the Site, or any part thereof, so long as such reasonable changes,
alterations or improvements do not interfere with Licensee's reasonable use of the
premises licensed under this Agreement. If any change, alteration or improvement
contemplated by Licensor will result in a disruption of service to Licensee, Licensor
shall give notice to Licensee at least 30 days prior to the anticipated disruption.
COMMUNICATIONS TOWER AND SITE LICENSELICENSE AGREEMENT
8.4 Licensee shall be solely responsible for the performance of any routine,
extraordinary, or emergency repairs or maintenance on Licensee's equipment
located at Licensor's Tower site. Licensee shall maintain its property in accordance
with reasonable engineering standards to assure that at all times Licensee and its
operation are in conformance with the requirements of the Federal
Communications Commission and/or all other public autnorities with jurisdiction
over Licensee.
8.5 Licensee shall nct create any waste or nuisance on the Tower or Site, or both, nor
use the Tower or Site or both for any unlawful purpose.
8.6 Licensor shall not be liable to Licensee for any unintentional interruption of service
of I icensee or for unintentional interference with the operation of the equipment
and service of Licensee arising in any manner from use of the Tower or Site or both
by Licensor or others. Licensor shall use its best efforts to resolve interference
conflicts as soon as feasible to the end of restoring full service.
Neither party to this Agreement shall be liable to the otner for delays in delivery or
failure to deliver or otherwise to perform any obligation under this Agreement,
where such failure is due to any cause beyond its reasonable control, including but
not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental
actions.
9 ENVIROMENTAL MATTERS
9.1 Licensee will be solely responsible for and will defend, indemnify and hold Licensor,
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 Licensor's
Tower Site associated with the use of Hazardous Materials.
9.2 To the extent allowed by applicable law, Licensor will be soieiy responsible for and
will defend, indemnify and hold Licensee, 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
Licensee.
9.3 "Hazardous Materials" means asbestos or any hazardous substance, waste or
materials as defined in any federal, state or local environmental or safety law or
regu'ation including, but not limited to, CERCLA.
COMMUNICATIONS TOWER AND SITE I.[CENSELICENSE AGREEMENT
9 4 The obligations of this Section 10 shall survive the expiration or other termination
of this Agreement.
10 NONEXCLUSIVE LICENSE
Licensor shall have the right to license or lease other portions of its radio tower
facility to other parties. Licensor shall not permit any subsequent licensee to
interfere with the performance of Licensee's communication system.
10.1 . (intentionally omitted)
11 INDEMNITY
11.1 Licensor shall not be liable for, and, to the extent permitted by law, Licensee agrees
to indemnify and hold Licensor harmless against any and all losses, expenses,
claims, or causes of action of every kind and character on account of camages 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 Licensee's use of Licenser's
Tower site.
Licensee shall defend each claim asserted and suit brought involving any matter of
which Licensor is indemnified nereunder, and shall pay all costs, expenses, and
attorney fees incidental thereto, and all judgments resulting therefrom; and
Licensor shall have the right at its option to participate in the defense of each suit
or proceeding without relieving Licensee of any obligations hereunder; provided,
however, that Licensee shall not be responsible for any duplicative costs or
expenses, including attorneys' fees, that Licensor may incur if it participates in the
defense of any such suit or claim.
Notwithstanding the provisions stated herein, nothing in this License is intended as
waiver by either party of governmental immunity rights pursuant to state or federal
law.
1.1.2 Licensee, and all of Licensee's contractors or subcontractors, prior to the
installation of any equipment, shall secure and maintain tnroughout the term of this
license, general comprehensive liability insurance or be self -insured, in accordance
with the Colorado Governmental Immunity Act, if applicable, for all claims that may
ne applicable to Licensee, Licensee shall also carry such insurance as will protect it
from all claims under any Workers' Compensation laws in effect that may be
applicable to Licensee. All insurance required hereunde' shall remain in force for
the entire term of this License Agreement.
COMMUNICATIONS TOWIR AND SITE LICFNSEI,ICENSE AGREEMENT
11.3 Except to the extent caused by Licensor's negligence or intentional misconduct,
Licensee waives and relicenses Licensor, its employees, and agents from all claims
for any loss, injury, death, or damage to persons, property, or to Licensee's business
occasioned by theft, act of God, public enemy, injunction, riot, strike, insurrection,
wars, court order, requistion, order of governmental body cr authority, fire,
explosion, falling objects, steam, rain, snow, water, leak or flow of water, or from
breakage, leakage, obstruction, or other defects of the pipes, sprinklers, wires,
appliances, plumbing, air conditioning, or lighting fixtures on the Site, or from
construction, repair or alteration to the Site, or from any cause beyond Licensor's
reasonable control.
12 Government Approval
12.1 Licensee 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 Licensee's equipment located at Licenser's
Tower site, and Licensor shall, at Licensee's sole cost, reasonably cooperate with
Licensee's efforts to obtain any such permits and licenses.
12.2 If, after execution of this License, Licensee is unable to continue to occupy
Licensor'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 License
may be canceled without obligation on the part of either party.
13 TERM OF LICENSE
13.1 This License shall be effect ve for one year, commencing upon the date Licensor
executes this Agreement and shall be automatically renewable on an annual basis,
for five years, unless sooner terminated by either party pursuant to the provisions
hereinafter set forth. The parties acknowledge that Licensee would like for this
License Agreement to continue for several years, although Licensor does not
warrant or guarantee that this License Agreement will continue for any term
beyond what is stated, The initial term will be for five years.
13,2 Licensor may terminate this license pursuant to the provisions of paragraph 14
herein, or by giving Licensee 180 days' written notice of is intention to terminate
this License
COMMUNICATIONS TOWER AND SITE, I,ICENSELICENSE AGREEMENT
13.3 Licensee may terminate this license at any time by providing Licensor with notice of
its intent to terminate at least 30 days in advance of the termination date. Upon
termination, Licensee shall remove its equipment and material installed on Tower
or at Site within 30 days after termination of this License, and shall leave Tower and
Site in substantially the same condition as it existed prior to the date when Licensee
installed its communications equipment, reasonable wear and tear excepted, 'f
Licensee has not removed all of its equipment from the Site after the said 30 days,
Licensor may, at its option, arrange for the equipment to be removed at Licensee's
expense, o' Licensor may, after giving 10 days' notice to Licensee, deem the
antennae and/or other communications equipment to have been abandoned by
Licensee, and the said antennae and/or other communications equipment shall
then be deemed forfeited and shall become the property of Licensor.
14 COMPLIANCE WITH LAWS
Licensor and Licensee agree to comply with the applicable provisions of all federal,
state or local laws cr 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.
15 DEFAULT
15.1 If either party is Ti 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.
COMMUNICATIONS TOWER AND SITE LICENSELICENSE AGREEMENT
15.2 If the defaulting party is Licensee, and the default continues after the period for
cure passes, Licensor may, at its election and upon an additional 30 days' notice to
Licensee, 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 Licensor pursuant to this paragraph 15.2, this Agreement shall be
considered terminated and Licensee shall have 10 days after termination to remove
its antennae and other communication equipment, after which Licensor, may, at its
option, arrange for the antennae and/or other communications equipment to be
removed at Licensee's expense, or Licensor may, after giving 10 days' notice to
Licensee, deem the antennae and/or other communication equipment forfeited,
and said antennae and/or other communications equipment shall become the
property of Licensor. If the defaulting party is Licensor, and the default continues
after the period for cure passes, Licensee may pursue all available legal remedies
herein set forth, including arbitration.
15.3 No waiver of any default or breach of any one or more of the conditions or
covenants of this Agreement by either party shall he deemed to imply or constitute
a waiver of any succeeding or other breach thereunder.
16 NOTICES
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, 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:
Licensor:
Weld County Public Safety Communications
1551 N17th Ave, Suite#2
Greeley, Colorado 80631
Attn: Director of Public Safety Communications
COMMt iNK'ATIONS TOWF,IiZANI) Si't F. LICNNSEI,IC%NSE A(;IZI�I.MLNI'
Licensee:
Weld Amateur Radio Society (WARS)
PO Box 337362
Greeley, Co 80633-7362
Attn: WARS President, Joe Hawley
Contacts:
Joe Hawley, President
217 Lori Dr
Loveland Co 80537
970-689-0828
Steve Jackson, Vice President
48515 WCR 31
Nunn, Co 80648
719-499-3058
17 ENTIRE AGREEMENT — MODIFICATION
This Agreement contains the entire agreement and understanding between the
parties to this Agreement and supersedes any other agreements concerning the
subject matter of this transaction, whether oral or written. No modification,
amendment, novation, renewal, or other alteration of or to this Agreement and the
attached exhibits shall be deemed valid or of any force or effect whatsoever, unless
mutually agreed upon in writing by the undersigned parties.
18 SEVERABILITY
if any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable, this Agreement shall be construed and enforced without such a
provision, to the extent this Agreement is then capable of execution within the
original intent of the parties.
C'OMMUNI('A'I IONS `1UWER AND SITE LICENSI?L10E NSE AGREEMENT
19 NO THIRD PARTY ENFORCEMENT
It is expressly understood and agreed that enforcement of the terms and conditions
of this Agreement, and all rights of action relating to such enforcement, shall be
strictly reserved to the undersigned parties, and nothing contained in this
Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the express intention of the
undersigned parties, that any 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.
Licensee:
Weld ounty Radio Society (WARS)
Printed Name: Joe Hawley
Title: President, Weld Amateur Radio Society
Date:
Licensor:
Weld County Public Safety Communications
By:VwwLaate4"--
Name: Michael R Wallace, ENP, CMCP
Title: Director of Public Safety Communications
Date:
cOMMUNICA FIONSTOWER AND SIrr LICENSELICENSE AGREEMENT
ATTEST;
1i;t, BOARD OF COUNTY COMMISSIONERS
Weld C. • my Clerk to the :oard WELD COUNTY, COLORADO
BY:
Deputy CI k t• ��e = tir,,`; �i+�� Steve Moreno, Chair
MAY 14 2018
APPROVED AS TO SUBSTANCE:
Elected Official or Department Head
COMMUNICATIONS TOWER AND SITE LICENSELICENSE AGREEMENT
Exhibit A
Equipment to Be Installed Inside Licensor's Equipment Shelter
• 2 Meter Band Duplexer
• Power Supply
• 2 Meter Band Repeater
• Radio Controller
• 70 Centimeter Band Duplexer
• 70 Centimeter Band Repeater
• Lightning /Surge suppression Device per Coaxial Cable
Equipment to Be Installed on Licensor's Tower
• UHF Antenna with 7/8 -inch Coaxial Cable at the 300 -foot level
• VHF Antenna with 7/8 -inch Coaxial Cable at the 370 -foot level
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