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Home My WebLink About20223554.tiffRESOLUTION RE: APPROVE AMENDMENT #1 TO LEASE AGREEMENT FOR COMMUNICATIONS TOWER AND SITE AND AUTHORIZE CHAIR TO SIGN - T -MOBILE WEST, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with Amendment #1 to Lease Agreement for Communications Tower and Site 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 T -Mobile West, LLC, commencing November 8, 2017, with further terms and conditions being as stated in said amendment, and WHEREAS, after review, the Board deems it advisable to approve said amendment, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Amendment #1 to Lease Agreement for Communications Tower and Site 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 T -Mobile West, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said amendment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of December, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditty` Weld County County Clerk to the Board County orney Date of signature: a 1103 /23 K. James, Chair • Mike Freeman, Pt4P421444 Perry L. Buck Cc: CM(TP) oI/iw 1;3 2022-3554 CM0028 Crh'cc* IDkVe.to-1 PASS -AROUND TITLE: DEPARTMENT: BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW Fort Lupton Tower Amendment - Contract Extension PS Communications DATE: 10/11/2022 PERSON REQUESTING: Tina Powell Brief description of the problem/issue: Our current tower rental contract with T -Mobile expires in November 2022. They would like to extend this contract for 25 years. Bruce Barker has approved the amendment and Don Warden as approved the payment terms of the contract. The new term will be $1800 per month with 15% increases at each 5 year period. What options exist for the Board? (include consequences, impacts, costs, etc. of options): Approve: T Mobile continues their contract with Weld County. Decline: T -Mobile will need to find a different location for their equipment. Recommendation: I recommend approval of this contract for the term of 25 years with T -Mobile. Perry L. Buck Mike Freeman, Pro -Tern Scott K. James, Chair Steve Moreno Lori Saine Aogm Schedule Recommendation Work Session Other/Comments: 2022-3554 12/21/1z CmooaB DocuSign Envelope ID: E940D6F0-70F3-4B83-8F77-0433A0EF1E31 FIRST AMENDMENT TO COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT This First Amendment to Communications Tower and Site Lease Agreement (the "First Amendment") is effective as of the last signature below (the "Effective Date"), by and between Board of Weld County Commissioners, on behalf of the Weld County Public Safety Communications Department ("Lessor"), and T -Mobile West LLC, a Delaware limited liability company ("Lessee") (each a "Party", or collectively, the "Parties"). Lessor and Lessee entered into that certain Communications Tower and Site Lease Agreement dated November 8, 2017 (including all amendments, collectively, the "Lease" or "Agreement"), regarding the leased premises ("Premises") located at 7625 CR 31, Fort Lupton, Colorado 80621 (the "Site"). For good and valuable consideration, Lessor and Lessee agree as follows: 1. At the expiration of the Agreement, Lessee shall pay to Lessor as rent, $1,800.00 per month, in advance, for each and every month that Lessee uses the Premises. If the term of this Agreement is automatically renewed, pursuant to the provisions set forth in this Paragraph 1 below, for each renewal after the first five-year renewal, rental payment amounts shall increase at a rate of 15% of the previous five-year rental period amount, with monthly installments payable in advance. Any payment of rent for a portion of a month shall be prorated. Rental payments shall be abated for any period during which the Tower is not available to Lessee for reasons under Lessor's direct control. 2. This First Amendment shall be effective, commencing the date of signing by both parties, and shall be automatically renewable for four (4) additional terms consisting of five (5) years (each a "Renewal Term"), provided that Lessee may elect not to renew by providing Lessor with at least thirty (30) days' notice. 3. Lessee may transmit and receive on any frequencies permitted by law. 4. All notices, requests, demands and other communications shall be in writing and shall be deemed to have been delivered upon receipt or refusal to accept delivery, and are effective only when deposited into the U.S. certified mail, return receipt requested, or when sent via a nationally recognized courier to the addresses set forth below. Lessor or Lessee may from time to time designate any other address for this purpose by providing written notice to the other Party. If to Lessee: T -Mobile USA, Inc. 12920 SE 38th Street Bellevue, WA 98006 Attn: Lease Compliance/ DN01501B 1 If to Lessor: Weld County Public Safety Communications 1551 N17th Ave Greeley, Colorado 80631 Attn: Director of Public Safety Communications TMO5ite ID: DN01501B 5/21/2021 TMO Lease ID: 2043113 DN01501 B_NLG-71884_AMD_2043113 DocuSign Envelope ID: E940D6F0-70F3-4B83-8F77-0433A0EF1E31 5. Lessee and Lessor will reasonably cooperate with each other's requests to approve permit applications and other documents related to the Site without additional payment or , consideration. 6. Lessor will execute a Memorandum of Agreement at Lessee's request. If the Site is encumbered by a deed, mortgage or other security interest, Lessor will also execute a subordination, non -disturbance and attornment agreement. 7. Any charges payable under the Agreement other than License Fee shall be billed by Lessor to Lessee within 12 months from the date in which the charges were incurred or due; otherwise, the same shall be deemed time -barred and be forever waived and released by Lessor. 8. Except as expressly set forth in this First Amendment, the Agreement otherwise is unmodified. To the extent any provision contained in this First Amendment conflicts with the terms of the Agreement, the terms and provisions of this First Amendment shall control. Each reference in the Agreement to itself shall be deemed also to refer to this First Amendment. 9. This First Amendment may be executed in duplicate counterparts, each of which will be deemed an original. Signed electronic, scanned, or facsimile copies of this this First Amendment will legally bind the Parties to the same extent as originals. 10. Each of the Parties represents and warrants that it has the right, power, legal capacity and authority to enter into and perform its respective obligations under this First Amendment. Lessor represents and warrants to Lessee that the consent or approval of a third party has either been obtained or is not required with respect to the execution of First Amendment. If Lessor is represented by any property manager, broker or any other leasing agent ("Agent"), then (a) Lessor is solely responsible for all commission, fees or other payment to Agent and (b) Lessor shall not impose any fees on Lessee to compensate or reimburse Lessor for the use of Agent, including any such commissions, fees or other payments arising from negotiating or entering into this First Amendment or any future amendment. 11. This First Amendment will be binding on and inure to the benefit of the Parties herein, their heirs, executors, administrators, successors -in -interest and assigns. 2 TMO Site ID: DN015018 TMO Lease ID: 2043113 5/21/2021 DocuSign Envelope ID: E940D6F0-70F3-4B83-8F77-0433A0EF1E31 IN WITNESS, the Parties execute this First Amendment as of the Effective Date. Lessor: Lessee: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO By: Print Name: Scott K. James T -Mobile West LLC, a Delaware limited liability company p._Dxusigneaby: fiitxk& bare �-yoocD<0wDrr��ro0... Elisabeth Boyer Print Name: By: Title: BOCC Chair Title: Date: DEC 2 12022 TMO Site ID: DN01501B TMO Lease ID: 2043113 3 DN01501 B_NLG-71884_AMD_2043113 Date: sr. Manager, Technology sourcing 11/22/2022 TMO Signatory Level: L07,SL07 5/21/2021 anaa-355y Contract Form New Contract Re Entity Information Entity Name* T -MOBILE Entity ID @0©019480 Contract Name* T -MOBILE FORT LUPTON TOWER LEASE EXTENSION 22-47 Contract Status CTB REVIEW ❑ New Entity? Contract ID 6567 Contract Lead* TPOWELL Contract Lead Email tpowell@weldgov.com Parent Contract ID 1530 Requires Board Approval YES Department Project # Contract Description* LEASE EXTENSION WITH T -MOBILE FOR FORT LUPTON TOWER LOCATION 22-47 NO CHANGE IN COST Contract Description 2 Contract Type* LEASE Amount* $21,600.00 Renewable* YES Automatic Renewal Grant IGA Department COMMUNICATIONS Department Email CM- Com munications@weldgov.c om Department Head Email CM-Communications- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WELDG OV.COM If this is a renewal enter previous Contract ID 1530 If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date* 12/19/2022 Due Date 12/15/2022 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 OnBase Contract Date; Effective Date Review Date* 01/01/2027 Renewal Date* 11/01/2027 Termination Notice Period Committed Delivery Date. Expiration Date .ai4y Contact Name Put Purchasing Approver CONSENT Approval Department Head TINA POWELL DH Approved Date 12/13/2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 12/21/2022 Originator TPOWELL Contact Type Contact Email Finance Approver CONSENT Contact Phone 1 Purchasing Approved Date 12/13/2022 Finance Approved Date 12/13/2022 Tyler Ref # AG 122122 Legal Counsel CONSENT Contact Phone 2 Legal Counsel Approved Date 12/13/2022 Hello