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
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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
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— mr— aw— oar— or
urn— WL— YGl— UEI—
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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.
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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
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NOT SHOWN FOR SIMPLICITY)
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EX.GUYED CABLE ___________ S
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SHEET TITLE
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SHEET NO.
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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:
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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
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SHEET TITLE
EX. & NEW ANTENNA
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SHEET NO.
A2
KEY NOTES
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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
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SHEET TITLE
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SPECIFICATIONS
General
Electrical
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1 1 MW DISH SPECIFICATIONS
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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
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