The URL can be used to link to this page

Browse Search

Home My WebLink About20212189.tiffRESOLUTION RE: APPROVE ROOFTOP TELECOMMUNICATIONS 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 a Rooftop Telecommunications 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 Facilities, and Skybeam, LLC, dba Rise Broadband, commencing July 21, 2021, with further terms and conditions being as stated in said lease, and WHEREAS, after review, the Board deems it advisable to approve said lease, 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 Rooftop Telecommunications 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 Facilities, 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 lease. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of July, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditorwo Weld County Clerk to the Board County ttorney Date of signature: ©7/2(/24 Steve oreno, - hair cc : EGJTT/s&) 05/x2 /2I 2021-2189 PR0037 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 July 16, 2021 To: Board of County Commissioners From: Toby Taylor Subject: Rise Broadband Lease at 822 7th Street Weld County owns the building located at 822 7th Street, Greeley, CO. Rise Broadband is a current tenant for antenna and associated equipment. Rise Broadband has requested an amendment to extend their lease. The lease amendment proposed to retain the same space as currently being used at a rate of $4,573.20 per year with a 3% escalation for each subsequent year. The lease agreement is for five years with an option of a second five-year period. Facilities is recommending the lease amendment. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 2021-2189 fR,003 7 ROOFTOP TELECOMMUNICATIONS SITE LEASE This Rooftop Telecommunications Site Lease (this "Agreement"), is entered into this 01/51- day of 2021 by and between Board of County Commissioners of Weld County, Colorado, on behalf of the d County Facilities Department ("Landlord") and Skybeam, LLC a Colorado limited liability company dba Rise Broadband ("Tenant"). Landlord and Tenant may each be referred to individually in this Agreement as a "Party" and, collectively, as the "Parties." BACKGROUND 7th A. Landlord owns the building (the "Building") located at 822 S`�' Street, Greeley, CO 80631. B. Tenant wishes to lease space on the roof of the Building, together with other related rights as described in this Agreement, to install, operate, and maintain telecommunication facilities and Landlord is willing to grant such rights upon the terms and conditions set forth in this Agreement. Accordingly, the Parties agree as follows: 1. Premises. (a) Landlord hereby leases to Tenant: (i) four (4) areas that are each approximately three feet wide by three feet deep and six feet tail (3'x 3'x 6') on the roof of the Building, for the installation, operation, and maintenance of a telecommunications facility, including antennas, batteries, wires, cables, conduits, electrical and utility lines, and other related equipment or personal property (collectively, the "Tenant Equipment", which is particularly described in a list attached hereto and made a part hereof as Exhibit A); and (ii) additional space on and/or within the Building for wires, cables, and conduits running between the Tenant Equipment and to all necessary electrical sources located within the Building (the "Leased Premises"). Except for necessary emergent and routine repairs, Tenant Equipment as described on Exhibit A shall not change without written approval by Landlord Representative, as listed in section 18 below. Said approval shall not be unreasonably withheld, delayed or conditioned and subject to the Tenant Use allowances in section 3. The Leased Premises are shown on the site plan attached hereto and made a part hereof as Exhibit B. [Tenant shall have the right, but not the obligation, to prepare a survey of the Building and the Leased Premises, and said survey shall replace Exhibit B, and shall control in the event of boundary and access discrepancies between the survey and the site plan. Tenant shall pay all costs for the preparation of any survey prepared.] (b) Landlord further grants to Tenant the non-exclusive right of ingress and egress from a public right-of-way, seven (7) days a week, twenty four (24) hours a day, over the Property and in and through the Building to and from the Leased Premises as required for the Tenant Use (as defined in Section 3). 2. Term. (a) This Agreement shall be effective upon mutual execution. The initial term of this Agreement shall be five (5) years from date of execution unless sooner terminated in accordance with this Agreement. (b) This Agreement may be extended by mutual written agreement of the Parties. However, Landlord or Tenant may elect to terminate this Agreement at the end of the Initial Term or any Renewal Term by giving written notice to the other, not less than sixty (60) days prior to the end of the Initial Term or Renewal Term, as applicable. (c) At Landlords discretion, tenant may extend lease in annual increments up to five years. 3. Use. Tenant shall use the Leased Premises for the purpose of installation, operation, and management of the Tenant Equipment, which shall include the right to repair, maintain, or otherwise replace with substantially the same equipment as Tenant determines necessary and appropriate (the "Tenant Use"). As a condition to the use and occupation of, and access to, the Leased Premises and the Building, Tenant shall at all times comply with the Building's rules and regulations (including existing building security procedures and the building alterations Ito 02ooz/-ai re) guidelines) as they may be modified from time to time, the "Use and Access Limitations"). Tenant Equipment shall be installed in a professional manner in compliance with all applicable building and electrical codes, and shall be firmly anchored to the Building. 4. Contingencies. It is understood and agreed that Tenant's ability to use the Leased Premises is contingent upon receipt by Tenant of all certificates, permits, and other approvals that may be required by any federal, state, or local authorities to permit the use of the Leased Premises for the Tenant Use (collectively the "Governmental Approvals"). In the event that: (i) any application for Governmental Approvals is finally rejected; or (ii) Tenant determines that such Governmental Approvals cannot be obtained in a timely manner, then Tenant shall have the right to terminate this Agreement. If the Lease is terminated in accordance with this Section 4, this Agreement shall be of no further force or effect and Tenant shall have no further obligations for the payment of Rent to Landlord. If any Governmental Approval issued to Tenant is canceled, expires, lapses, or is otherwise withdrawn or terminated by the applicable federal, state, or local authority, then Tenant shall have the right to terminate this Agreement. 5. Rent. Commencing on the first month following mutual execution of this Agreement, Tenant shall pay to Landlord a monthly payment as described in Exhibit C ("Rent"). Tenant shall pay Rent to Landlord, in advance, by the fifth day of the month. Unless Landlord notifies Tenant otherwise, Rent shall be paid to Landlord at 1150 O Street, Greeley, Colorado 80631. Changes to the person, firm, or place to which Rent payment shall be made must be given in writing to Tenant. 6. Utilities. (a) Landlord shall, at all times during the Term, make access to electrical service and telephone service available within the Leased Premises. Tenant shall, at its sole cost, have installed (if not already installed) and maintain a separate electrical connection to the existing service to operate Tenant Equipment. (b) Tenant may, during the Term, install and maintain a temporary power source, and all related equipment and appurtenances, within the Leased Premises, or in such other locations as Landlord may reasonably approve, for use during power interruptions. (c) Landlord shall not be required to provide any other utility service to the Leased Premises. 7. Interference. (a) The Tenant Equipment shall be of a type and shall operate on a frequency that will not cause harmful interference with any electrical equipment of Landlord or any of Landlord's other tenants. In the event any of Tenant's Equipment causes harmful interference with any such equipment, and Landlord has notified Tenant in writing of such harmful interference, Tenant will take all commercially reasonable steps necessary to correct and eliminate the harmful interference, including but not limited to, at Tenant's option, powering down such equipment and later powering up such equipment for intermittent testing. Landlord shall only be entitled to terminate this Agreement if the Tenant Equipment has caused such disruption as to preclude the reasonable commercial use of any portion of the Building by Landlord or Landlord's other tenants, and Tenant has been given a reasonable opportunity to remedy the harmful interference. (b) Landlord agrees that Landlord and/or any other tenants in the Building shall not later install any type of equipment that will cause harmful interference to Tenant's Equipment. Landlord shall not be liable to Tenant for any unintentional interruption of service of Tenant or for unintentional interference with the operation of Tenant Equipment and service of Tenant arising in any manner from use of the Building or Leased Premises or both by Landlord or Landlord's other tenants. Landlord shall use its best efforts to resolve the interference conflicts as soon as feasible to the end of restoring full service. 8. Insurance. Tenant shall, at its own cost and expense, maintain commercial general liability insurance with limits not less than one million Dollars ($1,000,000) for injury to or death of one or more persons in any one occurrence. Landlord shall maintain a policy of self-insurance as authorized by law sufficient to meet its minimum financial obligations under the Colorado Governmental Immunity Act (CGIA), C.R.S. §24-10-101 et. seq. 9. Indemnification. Subject to Section 10, Tenant shall indemnify and hold Landlord harmless against: (i) any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of Tenant, its employees, contractors, or agents, except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct of Landlord, or its employees, contractors, or agents; [and (ii) any claim of liability or loss resulting from or arising out of the Tenant Use or Tenant's occupancy of the Leased Premises.] The foregoing indemnification shall survive any assignment or termination of this Agreement. 10. Limitation of Liability. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL COSTS, LIABILIT1bS OR DAMAGES, INCLUDING LOST PROFITS OR REVENUES, WHETHER FORESEEABLE OR NOT, ARISING OUT OF, OR IN CONNECTION WITH, SUCH PARTY'S PERFORMANCE OR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT; AND PROVIDED FURTHER THAT THIS LIMITATION SHALL NOT RESTRICT EITHER PARTY'S RIGHT TO PROCEED FOR INJUNCTIVE RELIEF. 11. Casualty or Condemnation. In the event of damage by fire or other casualty to the Building or Leased Premises that materially impacts the Tenant Use, Rent shall abate during the period of repair following such casualty in proportion to the degree to which the Tenant Use is impaired. If the damage cannot reasonably be expected to be repaired within sixty (60) days after the casualty or, that such damage may reasonably be expected to disrupt Tenant's operations at the Leased Premises for more than thirty (30) days, then Tenant may, at any time following such casualty, terminate this Agreement upon written notice to Landlord. If Tenant terminates this Agreement in accordance with this Section 11. In the event of any condemnation of the Building, or any portion of the Leased Premises, this Agreement shall terminate as of the date such condemnation becomes effective. 12. Default. If either Party fails to comply with any of the provisions of this Agreement, the nonbreaching Party shall give the breaching Party written notice of such breach. After receipt of such written notice, the breaching Party shall have ten (10) days in which to cure any breach, provided the breaching Party shall have such extended period as may be required if the breaching Party begins the cure within such period and thereafter continuously and diligently pursues the cure to completion. If the breaching Party fails to cure the breach within the time periods provided in this Section, it shall be a "Default" under this Agreement. 13. Remedies. In the event of a Default by either Party, without limiting any other rights, remedies, or recourses available to the non -defaulting Party, the non -defaulting Party may terminate this Agreement and/or pursue any remedy now or hereafter available to the non -defaulting Party in equity or under the laws or judicial decisions of the state in which the Leased Premises are located. 14. End of Term. Except for reasonable wear and tear, Tenant shall remove Tenant's Equipment and restore the Leased Premises to its original condition prior to the expiration of term, or within thirty (30) days after the termination if this Agreement is Terminated for any reason prior to expiration of the term. Landlord agrees and acknowledges that all of the equipment, conduits, fixtures, and personal property of Tenant shall remain the personal property of Tenant and Tenant shall have the right to remove the same at any time during the Term, whether or not said items are considered fixtures and attachments to real property under applicable laws. 15. Assignment. Tenant shall not assign or otherwise transfer this Agreement without written approval of Landlord. Landlord shall approve such assignment unless Landlord determines, in its reasonable discretion, that the assignee is not likely to comply with the terms of this Agreement. Upon such approval, Tenant shall be relieved of all liabilities and obligations hereunder and Landlord shall look solely to the assignee for performance under this Agreement. Tenant will have the right to assign, sell or transfer its interest under this Agreement without the approval or consent of Landlord, to Tenant's Affiliate or to any entity which acquires all or substantially all of the Tenant's assets by reason of a merger, acquisition, or other business reorganization. 16. Rights Upon Sale. Should Landlord, at any time during the Term sell or transfer the Building or all or any part of the Leased Premises, such transfer shall be subject to this Agreement. 17. Subordination and Non -Disturbance. At Landlord's option, this Agreement shall be subordinate to any mortgage, deed of trust, or other security agreement (each a "Mortgage") by Landlord which, from time to time, may encumber all or part of the Building; provided, however, the lender under every such Mortgage shall, in the event of a foreclosure of Landlord's interest, recognize the validity of this Agreement and Tenant's right to remain in occupancy of and have access to the Leased Premises, as long as no Default by Tenant exists under this Agreement. 18. Notices. Unless specifically stated otherwise in this Agreement, all notices, waivers, and demands required under this Agreement shall be in writing and delivered to all other Parties at the addresses below by (a) a nationally recognized overnight courier company, whereby delivery is deemed to have occurred the business following deposit with the courier; (b) registered United States Mail, signature required and postage -prepaid, whereby delivery is deemed to have occurred on the third business day following deposit with the United States Postal Service; or (c) electronic mail (email), provided that the original also is sent via overnight courier or United States Mail, whereby delivery is deemed to have occurred at the end of the business day on which electronic transmission is completed. Landlord Representative: Tenant Representative: Name: Title: Address: Toby Taylor Director, Facilities Dept. 1105 H Street Greeley, CO 80634 Email: ttaylor@weldgov.com Name: Title: Address: Rise Broadband Attn: Contract Administration 61 Inverness Drive East, Suite 250 Englewood, CO 80112 Email: toweradmin@risebroadband.com 19. Title. Landlord represents and warrants that Landlord is the fee owner of the Building and has full authority to enter into and execute this Agreement. Landlord further represents and warrants that there are no liens, judgments, or other title matters affecting Landlord's authority to enter into this Agreement and that there are no covenants, easements, or restrictions that prevent the use of the Leased Premises for the Tenant Use. 20. Entire Agreeme t/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the Parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Survival. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement which require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration. 22. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 23. Attorneys Fees/Legal Costs. In the event of a dispute between the Parties concerning this Agreement, the Parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 24. Binding Arbitration Prohibited. Landlord does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 25. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 26. Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 27. No Third Party Beneficiary. It is expressly understood and agreed that the 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 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 entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 28. Nonexclusive Lease. Landlord shall have the right to lease other portions of the Rooftop of the Building for any purpose deemed appropriate by Landlord. Landlord shall not permit any subsequent tenant to interfere with the performance of Tenant Equipment. 29. Force Maieure. Neither Party 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 actions taken by other governmental entities. 30. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute a single instrument. [SIGNATURE PAGE(S) FOLLOW] The Parties hereto have executed this Agreement as of the later signature date below. LANDLORD: Board of County Commissioners of Weld County By: Name: Steve Moreno Title: Chair, Board of County Commissioners Date: JUL 2 12021 TENANT: Skybeam, , LC dba Rise Broadband By: Name: Mark Meisner Title: CFO/ Date://Z 2/ ,0,2D0/ --07/e) EXHIBIT A RENT SCHEDULE Period Jan 1, 2021 to Dec 31, 2021 Jan 1, 2022 to Dec 31, 2022 Jan 1, 2023 to Dec 31, 2023 Jan 1, 2024 to Dec 31, 2024 Jan 1, 2025 to Dec 31, 2025 Annual extension - Option Period Jan 1, 2026 to Dec 31, 2026 Jan 1, 2027 to Dec 31, 2027 Jan 1, 2028 to Dec 31, 2028 Jan 1, 2029 to Dec 31, 2029 Jan 1, 2030 to Dec 31, 2030 Monthly Annual Amount Amount 381.10 392.53 404.31 416.44 428.93 4,573.20 4,710.40 4,851.71 4,997.26 5,147.18 Monthly Annual Amount Amount 441.80 -455.05 468.70 482.77 497.25 5,301.59 5,460.64 5,624.46 5,793.19 5,966.99 RE: ROOFTOP TELECOMMUNICATIONS SITE LEASE - SKYBEAM, LLC, DBA RISE BROADBAND APPROVED AS TO SUBSTANCE: Elected Officif'dF Department Head APPROVED AS TO FUNDING: 0 Controller APPROVED AS TO FORM: it edAvta-L County Attorney Hello