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HomeMy WebLinkAbout20180477.tiffcoayK ct iDWsco9O BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Skybeam - Platteville Tower Amendment DEPARTMENT: PS Communications DATE: 03/21/2022 PERSON REQUESTING: Tina Powell Brief description of the problemlissue: Skybeam LLC would like to add a new microwave dish and antenna to their current agreement with Weld at the Platteville tower. Bruce Barker has reviewed and approved the amendment. The new cost of the lease for Skybeam will be $24,000 a year. What options exist for the Board? (include consequences, impacts, costs, etc. of options): Approve: Additional equipment is added to the tower. Deny: No additional equipment is added to the tower. Recommendation: Staff recommends approving the amendment. Perry L. Buck Mike Freeman, Pro -Tern Scott K. James, Chair Steve Moreno Lori Saine Approve Recommendation v& rvLL.. Schedule Work Session Other/Comments: ?,o1Ot-Ifl o4/o�izZ CM 60Zco Karla Ford From: Lori Saine Sent: Tuesday, March 22, 2022 1:09 PM To: Karla Ford Subject: RE: Please Reply - Public Service Comm Pass Around - Platteville Skybeam Agrmt yes Lori Saine Weld County Commissioner, District 3 1150 O Street PO Box 758 Greeley CO 80632 Phone: 970-400-4205 Fax: 970-336-7233 Email: Isaine weldgov.com Website: www.co.weld.co.us In God We Trust Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Karla Ford <kford@weldgov.com> Sent: Monday, March 21, 2022 2:43 PM To: Lori Saine <Isaine@weldgov.com> Subject: Please Reply - Public Service Comm Pass Around - Platteville Skybeam Agrmt Importance: High Please advise if you approve recommendation. Thank you. Karla Ford Executive Assistant & Office Manager, Board of Weld County Commissioners 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford@weldgov.com :: www.weldgov.com :: **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** LEASE AMENDMENT BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC SAFETY COMMUNICATIONS AND SKYBEAM LLC t This LeaseAmendment ("Amendment"), made and entered into this (.9'day of V� ,Utz by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Safety Communications, hereinafter referred to as the "Lessor", and Skybeam LLC d/b/a Rise Broadband, hereinafter referred to as the "Lessee". WHEREAS the parties entered into a Communications Tower and Site Lease Agreement (the "Lease") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2018-0477, approved on February 14th. 2018, and WHEREAS the parties hereby agree to amend the Lease in accordance with the terms of the Lease, which is incorporated by reference herein, as well as the terms provided in this Amendment. NOW, THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: This Amendment, together with the Lease, constitutes the entire understanding between the parties. The following changes are hereby made to the Lease, which shall be effective upon mutual execution of this Amendment. 1. The last sentence in paragraph 2.1 is deleted in full and replaced with the following: "The Equipment is to be installed at the 200 -foot level on the Tower." 2. Paragraph 3.1 is deleted in full and replaced with the following: "Lessee shall pay to Lessor as rent, Two Thousand Dollars ($2,000.00) per month in advance for each month that Lessee uses the communications tower, or stores or maintains communications equipment on Lessor's premise or both." 3. Exhibit A to the Lease is deleted in full and replaced with the attached Exhibit A-1. All other terms and conditions of the Lease remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment as of the day, month, and year first above written. LESSEE: Elisa Flachsmann, Senior Director of Accounting Operations Printed Name 611sa ckwann Signature LESSOR: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Scot K. James, Chair APR 0 6 ATTEST: G °ti O21x//— 0$77 COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT EXHIBIT A-1 PROJECT SUMMARY SITE INFORMATION SITE MOD PROJECT CONTACTS DRAWING INDEX THIS PROJECT INCLUDES THE FOLLOWING SCOPE OF WORK: SITE NAME: NCO-LSL PROPERTY OWNER INSTALLATION OF THE FOLLOWING ANTENNAS B EQUIPMENT IN AN EXISTING 370W SITE ADDRESS: 18940 CR36 ARCHITECTURAL SHEETS GUYED TOWER: PLATTEVILLE, CO. 80651 NAME: WELD COUNTY T1 TITLE SHEET (1) MW DISH (1) RADIO UNIT LATITUDE: 40261167'N CONTACT: PH: (970) 356.0000 Al OVERALL & ENLARGED SITE PLANS LONGITUDE: .104.106361'W (1) CATSE CABLE A2 EX. A NEW ANTENNA PLAN DETAILS JURISDICTION: WELD COUNTY, CO. TOWER OWNER A3 WEST ELEVATION NOTE: SEE STRUCTURAL ANALYSIS LISTED ON REFERENCE INFORMATION SECTION STRUCTURE TYPE: GUYED TOWER WELD COUNTY FOR ADDITIONAL INFORMATION. CONTACT: PH: (970) 356.4000 GOVERNING CODES GOVERNING CODES NEC -2020, NATIONAL ELECTRICAL CODE IBC -2018. INTERNATIONAL BUILDING CODE IMC-2018, INTERNATIONAL MECHANICAL CODE IEC-2018, INTERNATIONAL RESIDENTIAL CODE WILOCAL AMENDMENTS LISTED IN CHAPTER 29 OF WELD COUNTY CODE ADA. COMPLIANCE INSTALLATION IS UNMANNED AND NOT FOR HUMAN HABITATION. HANDICAP ACCESS IS NOT REQUIRED PER A,D.A. AND IBC 1102.2.9. HYBRn KYBRO 0114 pK — mr— aw— oar— or urn— WL— YGl— UEI— UO—IwR—Itlf—LAB— LGr U04` In. W. SUBJECT PROPERTY LINE ADJACENT PROPERTY LINE COAX ROUTE HYBRID CABLE ROUTE OVERHEAD TELCO ROUTE OVERHEAD FIBER ROUTE OVERHEAD POWER ROUTE UNDERGRND. TELCO ROUTE UNDERGRND. FIBER ROUTE UNDERGRND, POWER ROUTE FIBER / POWER ROUTE NEW I EXISTING FENCE XX.X ELEVATION MARKER %XX DETAIL REFERENCE SECTION MARKER A.G.L.....ABOVE GROUND LEVEL A.O.R......ARCHITECT OF RECORD ANT....... ANTENNA C.IS........000RDINATE IN FIELD C.LO.......CENTER LINE OF CAR......... CABINET CM..........CONSTRUCTION MANAGER DIA.........DIAMETER DIM ..,._... DIMENSIONS (E) ............EXISTING E.O.A.......ENGINEER OF RECORD ED............ EQUIPMENT LL............LAND LORI APP MOUFIT MW .........MICROWAVE I N) ...........NEW P.S............PROFESSIONAL SURVEYOR ROB.......... RISE BROADBAND RR............REMOTE RADIO SA...........STRUCTURAL ANALYSIS S.E...........STRUCTURAL ENGINEER SAC.........SITE ACQUISITION 57E.__...,SIZE TO..........TOP OF TWR........TOWER UTLT ........UTILITIES PROJECT VICINITY MAP APPROX. PROJECT LOCATION .10&704301 v REFERENCE INFORMATION RISE BROADBAND COLLOCATION FORM (12)3012021) STRUCTURAL ANALYSIS REPORT BY SHORT ELLIOTT HENDRICKSON INC. DATED 0724/l8 NCO-LSL FSA - Fine 072418 -aimed NCO-LSL-Tower Mapping Report APPLICANT RISE BROADBAND CONTACT: MARK MILLAR PH: (970.) 295.4230 EMAIL: mmI*W@dsebroadband.com SAC PROJECT COORDINATOR RISE BROADBAND VALERIE COLE SENIOR SITE ACQUISITION SPECIALIST 3260 S ALPINE RD. ROCKFORD. IL. 61109 EtAAIL:vcol.@rlsebroadbandcon, PHONE:(815) 544-1149 ENGINEER OF RECORD ARWIN PRIEST, P.E., P. ENG. 242 MOUNTAIN CLOUD CIRCLE HIGHLANDS RANCH, CO. 80126 (303) 898.2664 ME PROJECT MANAGER ALFREDO MARTINEZ-SUAREZ P.O.BOX 2311 LITTLETON, CO. 80161-2311 PH: 303.246.7039 EMAIL: allredo_ms®arcbams.com • Know what's below. Call before you dig REFERENCE SHEETS SPI MW DISH SPECIFICATIONS SP2 MW DISH RADIO SPECIFIC/ GENERAL NOTES 1. THESE DRAWINGS ARE AN SCHEMATIC REPRESENTATION OF THE SCOPE OF WORK DESCRIBED ON THE CORRESPONDENT COLLOCATION FORM PROVIDED BY RISE BROADBAND (LISTED UNDER REFERENCE INFORMATION SECTION ON THIS COVER SHEET) AND CANNOT BE USED AS A FINAL SET FOR CONSTRUCTION PURPOSES UNLESS BEARING THE STAMP AND SIGNATURE OF THE REGISTERED PROFESSIONAL OF RECORD. 2. DRAWING SCALES SHOWN ARE ACCURATE WHEN PLOTTED ON 11X17' SHEET. FOR 24-X38- SHEETS USE APPROPRIATE SCALE FACTOR 2X THAT OF SCALE SHOWN OR CONTACT MS ARCHITECTURE FOR FURTHER INFORMATION. DIMENSIONS SHOWN TAKE PRECEDENCE. 3. NO WORK SHALL COMMENCE WITHOUT HAVING THE PASSING STRUCTURAL ANALYSIS COMPLETED, STAMPED AND SIGNED BY THE RTRI IITI IRAI FNHINFFR nF RFOnRO CAI I Fr) M IT IN THFSF DRAWINGS. 4. ELECTRICAL WORK: SEE ELECTRICAL NOTES ON E -SHEETS 5. CONTRACTOR SHALL NOTIFY ARCHITECTIENGINEER & RISE BROADBAND IN WRITING OF ANY DISCREPANCIES BETWEEN ACTUAL FIELD CONDITIONS AND THOSE DEPICTED IN THESE DRAWINGS BEFORE COMMENCING ANY WORK. 5. THESE DRAWINGS ARE DIAGRAMMATIC IN NATURE. CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND FIELD CONDITIONS BEFORE COMMENCING ANY WORK. ISC BlOBd_arl aD} 00 J M , Z O coo 1DO it O LL1 0 2 JU L) rn j 0 H 00WIiA I- Q J 0 �pM�TiN. 4'I lInA Inn THESE OHM-PFIPHEPAHED BY ME OR UNDER My DIRECT SUPERVISION CONSTRUCTION NO. DATE DIC DESCRIPTION 0 012022 RR PRELIMINARY 1 02)0422 RR DESIGN UPDATE m -s orchitecture Building affinity through design P.O. BOX 2311 LITTLETON. CO. 80161-2311 SHEET TITLE TITLE SHEET SHEET NO. T1 / 0 1 I OVERALL SITE PLAN THESE DRAWINGS HAVE BEEN PREPARED WITHOUT THE BENEFIT OF A CURRENT SURVEY. VERIFY ALL SITE FEATURES SHOWN INCLUDING PROPERTY LINES, ACCESS ROUTES, EASEMENTS, SETBACKS, UTILITIES, AND EXISTING STRUCTURES WITH FINAL SURVEY TO BE PROVIDED UNDER SEPARATE COVER. EX.ACCESS GATE SCALE: 1' = 200-0- (11 X 1 /) SCALE: V = 100-0• (22X34) EX. GUYED TOWER ADJACENT EX.GI/YED EX. ACCESS TO CR38 EX. UNDERGROUND POWER EX. GENERATOR EX. COLLOCATION SHELTER (RISE BROADBAND & WELD COUNTY) EX. RISE BROADBAND INDOOR EQUIPMENT RACK EX. CHAIN LINK FENCED TELECOMMUNICATIONS COMPOUND EX. ICE -BRIDGE TRAY EXACCESS GATE NOTES: • THESE DRAWINGS HAVE BEEN PREPARED WITHOUT THE BENEFIT OF A CURRENT SURVEY. VERIFY ALL SITE FEATURES SHOWN INCLUDING PROPERTY LINES. ACCESS ROUTES, EASEMENTS, SETBACKS, UTILITIES. AND EXISTING STRUCTURES WITH FINAL SURVEY TO BE PROVIDED UNDER SEPARATE APPROX. COVER. LOCATION EX. UTILITY SERVICE METER 8 DISCONNECT (E) RISE BROADBAND EQUIPMENT OUTDOOR CABINET EX. GWED TOWER (EX. ANTENNAS NOT SHOWN FOR SIMPLICITY) SEE 3/Al EX.GWED CABLE 6• / N \ TN MN EX. FM BUILDING E EX.GUYED CABLE ___________ S 400' SCALE 1/18' • 1'-0' (11X17) 0 S 16 ' 32 2 ENLARGED EQUIPMENT PLAN SCALE: *I8'•1'- (22X34) I rt L0 C) - O LL 0 J U 0°-Jo d J O H z �LULU� I- Q J T LL 4t'Y ?- LICE pRTI ' Vjo',f1>fllfl4 ,.,.,f1 BY ME OR UNDER MY DIRECT SUPERVISION CONSTRUCTION NO. GATE D/C DESCRIPTION 0 01/1022 RR PRELIMINARY 1 02/0422 RR DESIGN UPDATE ms as architecture Building affinity through design P.O. BOX 2311 LITTLETON, CO. 80161-2311 SHEET TITLE OVERALL & ENLARGED SITE PLANS SHEET NO. Al ise Broad=� 1 1 EX. ANTENNA PLAN @ 200-0" A.G.L. KEY NOTES (E) 370-0" GUYED TOWER 2 (4)(E) CAMBIUM C05DO45A102A ANTENNAS 3 (1)(E)HP3-11 MW DISH W1(1) CAMBIUM 820C RADID 4 (1) (E) HPLP-18 MW DISH W/ (1) CAMBIUM 820S RADIO 5 (1) (N) HPLP-23 MW DISH WI (1) CAMBIUM 820 S RADIO 6 (8) (E) BELDEN CAT5E &16" CABLES 7 (1) (N) BELDEN CAT5E &18" CABLE 8 ANTENNAS BY OTHERS SCALE: 1I2"- 1'-0'(11x17) 0' I' 2 4' I 2 NEW ANTENNA PLAN @ 200'-0" A.G.L. SCALE:1?-1'-0'111X1)) SCALE: (22X34) � STRUCTURAL MOTES: • THESE DRAWINGS HAVE BEEN PREPARED ASSUMING THAT THE EXISTING TOWER AND ALL ITS STRUCTURAL COMPONENT$ ARE CAPABLE OF HANDLING THE PROPOSED LOADS IMPOSED BY THE NEW EQUIPMENT AND CABLING SHOWN. NO WORK SHALL COMMENCE WITHOUT OBTAINING THE CORRESPONDENT PASSING STRUCTURAL ANALYSIS BY A REGISTERED PROFESSIONAL. • TOWER STRUCTURAL ANALYSIS BY OTHERS 5• MN W+E Y$ 2' 00 co U O o U Z rn OO U, (O O �zO w0 � i0 w OF - >1 will (n I— C J d o�p00 LiCEO BV ME OR CONSTRUCTION NO. DATE DIC DESCRIPTION 0 01/20/22 RR PRELIMINARY 1 02104/22 RR DESIGN UPDATE 'Alm-s architecture Building affinity through design P.O. BOX 2311 LITTLETON, CO. 80161-2311 SHEET TITLE EX. & NEW ANTENNA PLAN DETAILS SHEET NO. A2 KEY NOTES 1 (E)310-0'GUYED TOWER 2 (4)(E)CAMBIUM C050045A102A ANTENNAS 3 (1)(E)HP3-11 MW DISHWI(1) CAMBIUM 820C RADIO 4 (1) (E) HPLP-18 MW DISH WI (1) CAMBIUM 820S RADIO 5 (1) (N) HPLP-23 MW DISH WI (1) CAMBIUM 820 S RADIO 6 (8) (E) BELDEN CATSE 5'18' CABLES 7 (1) (N) BELDEN CAT5E 5118' CABLE 8 ANTENNAS BY OTHERS STRUCTURAL NOTES: • THESE DRAWINGS HAVE BEEN PREPARED ASSUMING THAT THE EXISTING TOWER AND ALL ITS STRUCTURAL COMPONENTS ARE CAPABLE OF HANDLING THE PROPOSED LOADS IMPOSED BY THE NEW EQUIPMENT AND CABLING SHOWN. NO WORK SHALL COMMENCE WITHOUT OBTAINING THE CORRESPONDENT PASSING STRUCTURAL ANALYSIS BY A REGISTERED PROFESSIONAL. • TOWER STRUCTURAL ANALYSIS BY OTHERS WEST ELEVATION T.O.E. GUYED TOWER L3TO-0 EX. S NEW RISE BB ANTENNAS & MW DISHES ti 2O -D" SCALE: 1-=40-0" (11X1]) SCALE: 1- = 2D-0" (22X34) ISf Bfoad_� LO (O 0 00 O 0 W J_ W I— I — Q J d aa zo DO O2 ow O H W <n G O�pO llcE, vO ,/L• fllfl4 //lfn/e{f BY ME OR UNDER MY DIRECt SUPERVISION CONSTRUCTION NO. DATE DIC DESCRIPTION 0 01/20/22 RR PRELIMINARY 1 D2/04/22 RR DESIGN UPDATE Ar IIm -s architecture Building affinity through design P.O. BOX 2311 LITTLETON, CO. 80161-2311 SHEET TITLE WEST ELEVATION SHEET NO. A3 SPECIFICATIONS General Electrical Mechanical Fine Aamuth Ad)urtnent ./. 10 degees Fne E1enlion Adplser*nt •r- 10 degrees Mounting Pye Disinter, Mn 2.5 ssdl 15.1 an Mounting Pipe Owneser. Max 4.5 akh 111.4 an Nei Weighs 50 W 1 12.3 k9 wwsW Veioary Opecaua'tai 90 mph 1145 knvh Wind veWity Susvwal Rung 125 mph 1261 kni h Regulatory Compliance icc P1,1 101 C. A ndusuy Canada Compbance SRSP31 B� Shipping Intonation 1 1 MW DISH SPECIFICATIONS Garr Low Frequency 38.1 d& Can, Mn Frequency Gan Nigh Frequency 30 d& VSWR 1 371 Rain LOSS -19.1 dB Methw al Conhguraeon PP3 '--"— Anal FOICe (FA) 403 R 1 1792 N Side Force (FS) 200 Jos 1890 N Twisting Mon enl (MT) 344 Mbe 1496 Nm Operating Temperatue Rage -40 to •60 C Max PresNrp. PSIG.. (d waveguide nterface) 5 LISI __.. 302217 R7 C3 RdtScow cant Yea Dineimmns, LxW xH 47x 28x 48m 1119x 71 x 122 am SNppvlg Voknle 36.56 w a l 1 04 cu m SCALE: NTS NOT TO SCALE ) SCALE' NTS Co 0 JUwO� Oo-IVw � J Z a,W-J I- 0 - THESE DRAWINGS HAVE BEEN BY ME ON UNDER MY DIRECT S CONSTRUCTION NO. DATE DIG DESCRIPTION 0 01/10122 RR PRELIMINARY 1 02/0422 RR DESIGN UPDATE m -s AV A architecture Building affinity through design P.O. 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'MI.wnEtt 721 an .t3TT r49T ki two, .snnr$ Pof YQKckr Ps k13a19pecK"Itiat4 '4AIt:'ti ni*4 48.* •N VIA V itaA 10 LA. tyfe fRt$'(WW S to e0t VU(: t•k/VUC coOrak) tegr b t1,4xRkr1 as µR1 a Br tun.ial .24V4X sfglpaa0 WE I Now tlfvttlmt C# Data RXt J4414srtJ 10'Io041n I Pt*w (MT-f"Wer" Oka) f n Dc fls Von -MV In 60V (.4 Rf M'lµra111) naln rcttn'la-I IX bee. ~A ioupt K*Wkl f(I$— IM Is Jwllur+fo SCALE: NTS NOT TO SCALE SCALE: NTS 00 U Jo Oo U Z rn (O U, (O O co z U � O J ID ww H Q a 0 O w I - m THESE DRAWINGS HAVE BEEN PREPARED BY ME OR UNDER MY DIRECT SUPERVISION CONSTRUCTION NO. DATE DC DESCRIPTION 0 012022 RR PRELIMINARY 1 02/00/14 RR DESIGN UPDATE rn-s a a architecture Building affinity through design P.O. BOX 2311 LITTLETON, CO. 801 61-2 31 1 SHEET TITLE MW DISH RADIO SPECIFICATIONS SHEET NO, SP2 New Contract Request Entity Information EntityName* Entity 1D* ❑ New Entity? SKYBEAM O,00026684 Contract Name * AMENDMENT TO 2018-0477 18940 CR 38 Contract Status CT8 REVIEW Contract ID Parent Contract ID 5690 Contract Lead * Requires Board Approval TPOWELL YES Contract Li Email Department Project # tpo ell veldgov.coni Contract Description * AMENDMENT TO CR 38 TOWER AGREEEMENT, INCREASE OF $2,400 ANNUALLY Contract Description 2 Contract Type * Department AMENDMENT COMMUNICATIONS Amount* Department Email S24000.00 CM- Communicationsw eldgov.c Re le * om YES Department Head a it Automatic Renewal CM -Communications - NO De tHead eldgov,com Grant County Attorney GENERAL COUNTY IGA ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORNEYWELDG CV.COM if this is a renewal enter previous Contract ID if this is part of a MSA enter MSA Contract ID Requested 8OCC Agenda Due Date Date* 04:022022 04,06:2022 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 OnEase Effective Date Review Date* Renewal Date* 11:01/2022 12/01/2022 Termination Notice Period Committed Delivery Date Expiration Date r:iiya rni.i rniiirn r ♦ . 4 x.•.11 Purchasing Purchasing Approver CONSENT Approval Process Department Head TINA POWELL LL DH Approved Date 03,31,/2022 t � r •r a a r 8OCC Signed Date 8OCC Agenda Date 04/06/2022 Originator TPOWELL a1� ..,[kIitsit t . rl. aM M i `. Purchasing Approved Date 03/31/2022 Finance Approver CONSENT Finance Approved Date 03i31 ;2022 Tyler Reg AG 040622 Legal Counsel CONSENT Legal Counsel Approved Date 03/3112022 iLy4 j/2S) BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Amendment to LaSalle Lease Agreement DEPARTMENT: Public Safety Communications DATE:11-6-2020 PERSON REQUESTING: Michael R Wallace Brief description of the problem/issue: SkyBeam LLC/Risebroadband currently has a lease agreement for the LaSalle Radio Tower. Skybeam is needing to add a microwave dish to support their most recent lease agreement on the Ft. Lupton Tower. This will raise their monthly lease cost $100.00 per month from $1,800 to $1,900 monthly. Also we made corrections on the height -location of previous equipment in the original lease to be accurate. The attachment A-1 has been revised to include the new microwave dish. What options exist for the Board? (include consequences, impacts, costs, etc. of options): Approve - adding an additional microwave dish for an additional $100 per month Dis-Approve — adding an additional microwave dish for additional $100 per month Consequences — by not approving, this would make the Lease Agreement for the Ft Lupton Tower not function to provide service to Arista-Crat Acres in Ft. Lupton Recommendation: Approve — adding an additional microwave dish for an additional $100 per month. No impact will be incurred with Public Safety Communications equipment, due to the location of this new dish. Approve Recommendation Mike Freeman, Chair Scott K. James Barbara Kirkmeyer Steve Moreno, Pro -Tern Schedule Work Session Other/Comments: Kevin D. Ross t1123�20 � l LEASE AMENDMENT BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC SAFETY COMMUNICATIONS AND SKYBEAM LLC This Lease Amendment ("Amendment"), made and entered into�ay of2'2p�l by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Safety Communications, hereinafter referred to as the "Lessor", and Skybeam LLC d/b/a Rise Broadband, hereinafter referred to as the "Lessee". WHEREAS the parties entered into a Communications Tower and Site Lease Agreement (the "Lease") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2018-0477, approved on .February 14, 2018. WHEREAS the parties hereby agree to amend the Lease in accordance with the terms of the Lease, which is incorporated by reference herein, as well as the terms provided in this Amendment. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • This Amendment, together with the Lease, constitutes the entire understanding between the parties. The following changes are hereby made to the Lease, which shall be effective upon mutual execution of this Amendment. 1. The last sentence in paragraph 2.1 is deleted in full and replaced with the following: "The Equipment is to be installed at the 200 foot and 225 foot level on the Tower. 2. Paragraph 3.1 is deleted in full and replaced with the following: "Less shall pay to Lessor as rent during the term of this Lease, One Thousand Nine Hundred Dollars ($1,900.00) per month in advance for each month that Lessee uses the communications tower, or stores or maintains communications Equipment on Lessor's premises, or both." 3. Exhibit A to the Lease is deleted in fully and replaced with the attached Exhibit A-1. • All other terms and conditions of the Lease remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment as of the day, month, and year first above written. LESSEE: Mark Meisner Printed Name Signature LESSOR BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair NOV 2 3 2020 ATTEST Welded BY iq Document Ref: DOHIH-ZCHR7-AX6C2-VGPNE 020/ 77 Page 3 of 3 New Contract Request Entity Information Entity Name* Entity ID * ❑ New Entity? SKYBEAM 'P00026684 Contract Name * Contract 1D Parent Contract ID AMENDMENT TO 2018-0477 LEASE AGREEMENT LASALLE 4251 TOWER Contract Lead * Requires Board Approval Contract Status MRWALLACE YES CTB REVIEW Contract Lead Email Department Project # mrwrallace@co.vueld.co.us Contract Description AMENDMENT TO LASALLE LEASE AGREEMENT FOR SKYBEAM RISE BROADBAND - THIS IS ADDING AN ADDITIONAL MICROWAVE DISH TO THE TOWER TO PROVIDE COMMUNICATIONS TO FT. [UPTON TOWER Contract Description 2 Contract Type* Department Requested BOCC Agenda Due Date AGREEMENT COMMUNICATIONS Date* 1 1 19:2020 1 1 /23, 2020 Amount* Department Email $1,900.00 CM- Will a work session with BOCC be required?* CommunicationsCweldgov.c HAD Renewable* on' YES Does Contract require Purchasing Dept. to be included? Department Head Email NO Automatic Renewal CM -Communications - YES DeptHeadweldgov.com Grant County Attorney NO GENERAL COUNTY IGA ATTORNEY EMAIL NO County Attorney Email CM- C.OU NTYATTO RN EY:WELDG OV.COM 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 OnSase Contract Dates Effective Date Review Date* Renewal Date 11:232020 1 1 , 01 2021 12302021 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info contact Name Purchasing Purchasing Approver Approval Process Department Head MIKE WALLACE DH Approved Date 11/13.2020 Final Approval 1(t'Z BOCC Signed Date BOCC Agenda Date 1U23,;2020 Originator M RWALLAC E Contact Type Contact Email Contact Phone I Contact Phone 2 Purchasing Approved Date Finance Approver BARB CONNOLLY Finance Approved Date 11;16:2020 Tyler Ref # AG 112320 Legal Counsel BOB CHOATE Legal Counsel Approved Date 11:17:2020 RESOLUTION RE: APPROVE AGREEMENT FOR COMMUNICATIONS TOWER AND SITE LEASE AND AUTHORIZE CHAIR TO SIGN - SKYBEAM, LLC, DBA RISE BROADBAND 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 Lease 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 Skybeam, LLC, dba Rise Broadband, commencing February 14, 2018, and ending an initial term February 14, 2023, 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 Lease Agreement 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 Skybeam, LLC, dba Rise Broadband, 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 February, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: �G�L/ �:�, St e Moreno, Chair Weld County Clerk to the Board arbara Kirkmeyer Pro -Tern BY: Deputy Clerk to thew. Sean P. Conway APP DAST ie A. ozad nt torney Mike Freeman Date of signature: 'OA 2018-0477 Cc : o z(mW) CM0026 COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT This AGREEMENT ereinaf er referred to as "Lease" or "Agreement") made and entered into this ay of c.6 ,oO/(the "Effective Date"), 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 Skybeam, LLC, d/b/a/ Rise Broadband hereinafter referred to as the "Lessee." WHEREAS Lessor is the current owner of a certain communications tower ("the Tower") located at 18940 CR 38, Platteville, Colorado. (the "Site"). WHEREAS Lessee desires to lease space on the Tower and on the Site, and Lessor agrees to permit Lessee to lease 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 LEASE OF COMMUNICATIONS TOWER AND SITE 2.1 Lessor hereby grants permission to Lessee to install, maintain, and operate communications equipment, initially 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 (the "Equipment") on the Tower. The Equipment shall not change unless agreed to in writing by the parties. The Equipment is to be installed at the 150 foot and 200 -foot level on the Tower. 2.2 The parties agree that Lessee may place its Equipment in cabinets on a raised platform or concrete pad not to exceed a 3 foot by 4 foot area at a location to be designated by Lessor. 3 RENTAL 2018-0477 COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT 3.1 Lessee shall pay to Lessor as rent during the initial term of this Lease, Eighteen Hundred Dollars ($ 1800.00) per month in advance for each month that Lessee uses the communications tower, or stores or maintains communications Equipment on Lessor's premises, or both. 3.2 Future lease amounts will be renegotiated after the initial five-year term. 4 ACCESS Lessor shall provide Lessee with access to Tower and Site at all times in order to make any necessary repairs or maintenance or modification on or to Lessee's Equipment. Lessee shall secure all access points when entering or leaving the Site. Lessee agrees to permit only authorized employees of Lessee or persons under Lessee's direct supervision to enter the Site. Throughout the term of this Agreement, Lessee, at Lessee's sole cost and expense, shall procure and maintain Commercial General Liability Insurance and Workers Compensation Insurance in amounts adequate for Lessee's business operations. Lessee will only allow "Class B" "Competent (Skilled) Climbers" as defined by ANSI/TIA-222-G or the most current revision, to climb and/or perform maintenance on the equipment mounted on the Tower. 5 ELECTRICAL POWER There are existing electrical lines at the Site, 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 Lessee's facilities. 6 TELEPHONE SERVICE Lessee may, at its sole cost, elect to install and maintain telephone or optical fiber service to Lessee's facilities, 7 INSTALLATION 7.1 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. 7.2 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. 7.3 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 COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT 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 8.1 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. 8.2 Lessee shall be liable for any damages or problems incurred or sustained by Lessor to Lessor's 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. 9 TOWER AND EOUIPMENT MAINTENANCE 9.1 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. 9.2 Lessor shall be responsible for compliance with all regulations requiring painting and/or lighting of Lessor's Tower, including operation, maintenance and inspection of the Tower, lighting, and alarm systems. 9.3 Lessor 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 Lessee's reasonable use of the premises leased 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. 9.4 Lessee shall be solely responsible for the performance of any routine, extraordinary, or emergency repairs or maintenance on Lessee's Equipment COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT 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. 9.5 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. 9.6 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. Neither party to this Agreement shall be liable to the other 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. 10 ENVIROMENTAL MATTERS 10.1 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 Lessee's use of Hazardous Materials, 10.2 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. 10.3 "Hazardous Materials" means asbestos or any hazardous substance, waste or materials as defined in any federal, state or local environmental or safety law or regulation including, but not limited to, CERCLA. 10.4 The obligations of this Section 10 shall survive the expiration or other termination of this Agreement. COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT 11 NONEXCLUSIVE LEASE 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 12.1 Lessee shall not change or modify the frequency, power, or character of Lessee's communications Equipment, without Lessor's prior consent, which consent will not be unreasonably withheld. 12.2 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. 12.3 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. 12.4 Upon notification to Lessor of any assignment, Lessee shall be relieved of all performance, liabilities and obligations under this Agreement. 13 INDEMNITY 13.1 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. 13.2 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 COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT 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. 13.3 Except to the extent caused by Lessor's 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 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 Lessor's reasonable control. 14 GOVERNMENT APPROVAL 14.1 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. 14.2 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. 14.3 Lessor hereby certifies that it will comply with applicable law. 15 TERM OF LEASE 15.1 This Lease shall be effective for an initial term of five years, commencing upon the Effective Date , unless sooner terminated by either party pursuant to the provisions hereinafter set forth. After the initial five-year term, the price and lease must be renegotiated. 15.2 Lessor may terminate this lease pursuant to the provisions of paragraph 17 hereinor by giving Lessee 180 days' written notice of its intention to terminate this Lease. Lessee may terminate this lease pursuant to the provisions of paragraph 17 herein, or at any time by providing Lessor with notice of its intent to terminate at least 90 days in advance of the termination date. Upon COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT 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 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 17.1 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. 17.2 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 17.2, 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 COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT 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 at its election and upon an additional 30 days' notice to Lessor, cancel and terminate this Agreement and pursue all available legal remedies herein set forth, including arbitration. 17.3 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. 18 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, or by email with read receipt 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 rejection of 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 Public Safety Communications 1551 N17th Ave, Suite#2 Greeley, Colorado 80631 Attn: Director of Public Safety Communications Lessee: Rise Broadband 61 Inverness Drive East, Suite 250 Englewood, CO 80112 Attn: Contract Administration Email: TowerAdmin@RiseBroadband.com COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT 19 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, including the Tower Site Lease Agreement between Weld County Board of County Commissioners and Jab Wireless, Inc. dba Skybeam dated February 1, 2013, which agreement is hereby terminated and of no further force or effect. 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. 20 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. 21 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. 22 Counterparts This Agreement may be executed in counterparts (including pdf or electronic transmission), each of which shall be deemed an original and all of which together shall constitute one and the same document. EXHIBIT A COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates shown below our respective signatures. Lessee: Skybe By: Printed N Lessor: Weld County Public Safety Communications Name: Michael R Wallace, ENP, CMCP Title: Director of Public Safety Communications Date: o2-/4 2Z /f COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT ATTEST: G '4i BOARD OF COUNTY COMMISSIONERS ED AS TO SUBSTANCE: Elected Official or Department Head 020/1-o 77 Hello