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Home My WebLink About20202592.tiffetri+mc,-f- 1D1+53i BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Fort Lupton Tower Lease Amendment DEPARTMENT: PS Communications PERSON REQUESTING: Tina Powell DATE: 08/31/2021 Brief description of the problem/issue: We are requesting an amendment to a current lease contract with Skybeam Rise Broadband. They would like to add additional equipment (2 broadband radios with 2 antennas and 1 backhaul radio and antenna) to our Fort Lupton Radio Tower. The addition of equipment has been vetted and approved by Walt Leslie. The amendment to the contract as been approved by Bob Choate. This would increase the payments made to Weld County from $21,600 annually to $26,400 annually. What options exist for the Board? (include consequences, impacts, costs, etc. of options): Approve the amendment to the contract with increased lease payments. Deny the amendment to the contract and lease payments remain the same. Recommendation: We recommend that the Board approves the amendment to the contract. Perry L. Buck Mike Freeman Scott K. James, Pro-tem Steve Moreno, Chair Lori Saine Conwe"A 11/Ul /Zl Approve Recommendation Schedule Work Session Other/Comments: 6e). (g-) ll/oi/y/ inn -z59 Z C1� 0021 LEASE AMENDMENT BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC SAFETY COMMUNICATIONS AND SKYBEAM LLC This Lease Amendment ("Amendment"), made and entered into this day of 140\1014W, ZOLli 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. 2020-2592, approved on August 24. 2020. 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. Exhibit A in Paragraph 2.1 is replaced with Exhibit A-1 2. The last sentence in paragraph 2.1 is deleted in full and replaced with the following: "The Equipment is to be installed at the 140 foot and 90 foot level on the Tower. 3. Paragraph 3.1 is deleted in full and replaced with the following: "Lessee shall pay to Lessor as rent during the term of this Lease, Two Thousand Two Hundred Dollars ($2,200.00) 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." 4. 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: Elisa Flachsmann, Sr. Director of Accounting Operations Printed Name alsa Tlachslig m Signature LESSOR: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair NY/ 0 1 2021 0,3o0.1P02�"4� LEASE AMENDMENT BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC SAFETY COMMUNICATIONS AND SKYBEAM LLC ATTEST: W,dd4A) Weld County Clerk to the Board By: Deputy Clerk t COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT EXHIBIT A-1 TOWER MODIFICP- se , . -_- _ � e Infrastructure Date Submitted_ BOO______Cldhangory .on Modification <...,, .:. Division (PRINK 2000 -Colorado Approving Field Supervis Tom Pipes _. _-___- ART I - REASON FOR PROJECT (REQUIRED) Installation of 1' dish and 820S radio for enterprise customer '. ' tt ; - CONTACT INFORMATION :dicant: y Infrastr o Infrastructure Email: ". one: • Infrastructure Phone: — . ntarail: IOW illi ergency/Operatiora :adillPVlanager; '. Rise Broadband Network (NOC) Operations Center _pager Email:; noc@jabbroadband.com ea r. ti a .. p n Approving Manager Phone: 970-295-4230 PART III - TOWER SITE INFORMATION �e Broadband Tower NAlenellia p. Weld County 970-400-2892 NCO-AAB nterprise Customer Name. • ress (include city, county, state, i, Structure Type: I: FCamilli Guyed 300' titude. _ _. _ _ 40.111152 Lease #: ingitude: -104.774656 Site #: . Describe Proposed Use or Proposed Modification: Adding 820S backhaul radio and 1' dish at 120'. Adding 2 MT -463042 AP w/Mimosa Airspan Radio at 90' PART I - FINAL LOAD,iiit ECPMENT ON TOWER - A ntennas Sector j " Antenna 1 Radi _ Antenna Sector 2 BH Dish 1 Ral io ' BH Dish 2: ' H Radio = 2 Type Medusa Integrated AP MT -463042 for Mimosa 90 deg Mimosa ASC 3' 11Ghz 820c 11Ghz 3' 11Ghz 820s 23Ghz Quantity - ... 6 2 2 1 1 1 1 Manufacturer Cambium MTI Mimosa Airspan RadioWaves Cambium RadioWaves Cambium Model C050045A102A MT -463042 A5C HP3-11 820C HPLP-23 820S Weight 31 Ibs 4.4 Ibs 3.86 Ibs 50 Ibs 2.2 Ibs 17 Ibs 2.2 Ibs Dimensions 20x26x5" 14.6 X 14.6 X 1.6" 11.8x12.4x 3.4" 38x38x22" 5.3x7.5x 2.5" 18x18x19" 5.3x7.5x 2.5" RAD Center A �. 120' 120' 90' 120' 120' 120' 120' cunt Type Dual Panel Mount Sector Frame direct to MTI AP Pipe direct to HP3-11 Pipe direct to HPLP-23 ant Model Frnuth (in degree 0, 90. 120,180,240,300 60, 120 60. 120 302° 302° 79° 79° Ilech Tilt .. iensed/Unli *,..-d ° unlicensed unlicensed unlicensed Licensed Licensed Licensed Licensed lirequency 5.4 & 5.7Ghz 4.9-5.9Ghz 4.9-5.9Ghz 11Ghz 11Ghz 23Ghz 23Ghz 23Ghz 23Ghz requency 5.4 & 5.7Ghz 4.9-5.9Ghz 4.9-5.9Ghz 11 Ghz 11 Ghz lieinna Gain (dB),, 16dBi 14dBi 37 35 2 es per Antenna 1 t 1 3 re Manufacturer . Primus Belden Primus Primus ,.he Type - Cat5 Cat5E Cat5 Cats likie Diamete 5/16" 1/4" 5/16" 1 5/16" low i • 4 n/Link - optional) -.. Equipment Pad/Platform Iimensions: 6X6 10,M6TMTa[VIJINR{-4-Nf-X--r.�-- (:JY(rek ?....014- She[ . Cabinet Din ns ( r.-31st—T3'l,-.. .... .. - -. 80HX36DX29W N/A N/A N/A Indoor Existing 0 • • fisting . c N/A Bake: N/A lide N/A lick N/A libinet 80HX36DX29W Bake: DDB liagel: A., 80" net Dimsn: 80HX36DX29W dition YES / Build: AC BUILD re Type: _ ELECTRIC LINE taxtreaker: 100 AMP Elec. Service: UNITED POWER - # of O 2 limbiners: 2 llof Ports: 2 EARTH s.'Founding her Equip: ALPHA, RPC. POE. CMM5 W/CONTROLLER, ROUTER, POWER SUPPLYS, GPS (4) 12V BATTERIES Contract Form ew Contract Request Erttity inforrriation Entity Name SKYBEAM Entity ID* 'x{1O026684 Contract Name* AMENDMENT-EQ ADDITION TO FORT LUPTON TOWER Contract Status CTB REVIEW ❑ New Entity? Contract ID 5.371 Co TPOWELL Contract Lead Email tpowell@weIdgov.com Parent Contract ID Requires Board Approval YES Department Project # Contract Description* AMENDMENT-EQ ADDITION TO FORT LUPTON TOWER INCREASING LEASE PAYMENTS TO WC FROM $1800 TO $2200 PER MONTH. Contract Description 2 Contract Type* AMENDMENT Amount* $2,200.00 Renewable* YES Automatic Renewal NO Grant rrient COMMUNICATIONS Department Email CM- Comrnunications� +rreldgov,c on1 rtoienit Head Email CM-Communications- DeptHead@weld'gov.com County Attorney GENERAL COUNTY AI 1 ORNEY EMAIL County Attorney Email CM- COUNTYA I 1 ORNEYgWELDG OV.COM tf this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date* t 1,°01,E2021 Due Date 10;'23; 2021 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective ©ate Termination Notice Period COrttact Infollnaton Contact Info Contact Name Appro val Pre� De t H TINA POWELL DH Approved Date 10126/2021 Fi! BOCC Approved BOCC Signed Date BOCC Agenda Date 11/0112021 Originator TPOWEL'L Review Date* 09/01/2022 Committed Delivery Date Renewal Elate* 09;0112025 Expiration Date Contact Type l Ccxrrtact lone 1 Contact Phone 2 Purchasing Approved Date Finance Approver BARB CONNOLLY Finance oved Date 10;27/2021 Tyler Ref # AG 110121 Legal Counsel BOB CHOATE Legal Counsel Approved Date 10/2712021 RESOLUTION RE: APPROVE COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT 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 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, commencing upon full execution of signatures, with further terms and conditions being as stated in said lease agreement, and WHEREAS, after review, the Board deems it advisable to approve said lease 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 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 lease agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of August, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddthiv jdo;ok Weld County Clerk to the Board County ttorney Date of signature: oS726/20 Mike Freeman, Chair Steve pJloreno, Pro-Tem CC:cM(Mu) 0V27/20 2020-2592 CM0027 Cc4- -reu}- x J -14 AO 3 3 Weld County Regional Communications Center 1950 O Street GREELEY, CO 80632 Fax: 970-304-6501 WCRCC@WeldGov.com www.co.weld.co.us To: Board of County Commissioners From: Michael R VVallace The attached is a Lease Agreement with SkyBeam/Rise Broadband. This is in reference to our work session on July 27th. This is lease agreement is on the Ft. Lupton Public Safety Communications Tower. With this lease, Rise Broadband will be able to provide Internet abilities to Arista -Cat Acres in Ft. Lupton. Meo,_e , Michael R Wallace, ENP Weld County Director of Public Safety Communications 08-11-2020 2020-2592 0o/21 G/-l0o2T COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT This AGREEMENT4erei fter referred to as "Lease" or "Agreement") made and entered into this7gday o , 020 (the "Effective Date"), by and between the Board of Weld County Com ' sioners, 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 7625 CR 31, Fort Lupton, 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 two hundred forty (240) 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 six (L•l foot by six (La foot area at a location to be designated by Lessor. 3 RENTAL aao20Lc259.z Document Ref: LDD2U-PDWAY-UEVJC-FHPYD Page 2 of 13 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 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 Document Ref::t.DD2U-PDWAY-UEVJC-FHPYD Page 3 of 13 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 financially 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 thirty (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 Document Ref: LDD2U=PDWAY-UEVJC-FHPYD Page 4 of 13 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. 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 Lessor will be solely responsible for all 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. 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 Document Ref: WD2U-PDWAY-UEVJC-FHPYD Page 5 of 13 COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT 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, if any, 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 or majority -owned subsidiary of Lessee without Lessor's consent. Lessee shall notify Lessor within thirty (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 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. Document Ref: LDD2U-PDWAY-UEVJC-FHPYD Page 6 of 13 COMMUNICATIONS TOWER AND SITE 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. 13.4 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. 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 herein or by giving Lessee one hundred eighty (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 Document Ref: LDD2U-PDWAY-UEVJGFHPYD Page 7 of 13 COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT notice of its intent to terminate at least ninety (90) days in advance of the termination date. Upon termination, Lessee shall remove its Equipment and material installed on Tower or at Site within thirty (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 thirty (30) days, Lessor may, at its option, arrange for the Equipment to be removed at Lessee's expense, or Lessor may, after giving ten (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 fifteen (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 thirty (30) days' notice to Lessee, cancel and terminate this Agreement and, upon the expiration of the thirty (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 ten (10) days after termination to remove its antennae and other communication Equipment, Document Ref: LDD2U-PDWAY-UEVJC-FHPYD Page 8 of 13 COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT 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 ten (10) 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 thirty (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 Document Ref: LDD2U-PDWAY-UEVJC-FHPYD Page 8 of 13 COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT Attn: Contract Administration Email: TowerAdmin@RiseBroadband.com 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. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates shown below our respective signatures. Lessee: Skybeam, LLC dba Rise Broadband Document Ref: LDD2LMPDWAY-UEVJC-FHPYD Page 10 of 13 COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT Printed Name: Mark Meisner Title: Chief Financial Officer Date: 08/13/2020 Lessor: ATTEST: dterhiti jdz,;(1 Weld C• • my Clerk to t - Board WELD COUNTY, COLORADO BY: BOARD OF COUNTY COMMISSIONERS Deputy rk t• th �� `�� 1�Q, �� Mike Freeman, Chair AUG 2 4 2020 ‘.2c).„2,9 01.5 90t Document Ref: LDD2U-PDWAY-LiEWC-FMPYD Page 11 of 13 COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT EXHIBIT A -• - TOWER MODIFICATIQV FORM iiki Date Submitted: il _ ` 6/10/2020 Project Catego Infrastructure codification Typ Modification IF Division (PRIN) 2000 -Colorado 1 Project Manage , Tom Pipes Steve Vandenburg fiSproving Field Supervis PAR— I - REASON FOR PROJECT (REQUIRED) PART II - CONTACT INFORMATION gligil i c a _,.. " All a c risrris, arm L` r _ Brian Schwick rath Brian Schwickrath Infrast ` Phone: bschwickrath@risebroadband com 970-744-1859 rho _ applicant E ma ... _ _ 970-744-1859 bschwickrath • risebroadband. com ruY $6ab Y.� �.. is an.L5 I e-.Tsq: I rations C,aptafit: jaii isising ManageriallManglie Rise Broadband Network Operations Center (NOC) Steve Vandenburg ...._.K..'.. -_..._.. -_....-.,fir+..+.. ; r.+........`.�.,.bae ift Email: H- �- _..._ `vy: ..- v:-+.v.i-..�.._ noc@jabbroadband.com svandenbur• _._ . • risebroadband com , ..� Ingswyaons one: 970-295-4230 970-310-5644 PART III - TOWER SITE INFORMATION jRise Broadband To er,l : Tol, �iit la Tower Host N •• • - Weld County NCO-AAB rnerprise Customer Name: thigi Addr- ': ... • - ...,. _.. - . ' •> •: 7625 CR-31 Fort Lupton CO 80621 _. - • .. • -; - •w •er: Freestanding 1285529' 91.4 Meters atitude: z-0° 6'40.32" N ease _ ongitude: 1C4° 46'28'76" W ite #: Document Ref: LDD2U-PDWAY-UEVJC-FHPYD Page 12 of 13 COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT Describe Proposed Use or Proposed Modification: New build 6 Medusas with 820 C Backhaul NEW EQUIPMENT ON TOWER -. nennas ..; ,. -111t Radio ""•;-; . 1 Microwave :._ ,' .►/ 8 vv+..: pro, — ...,: .:. ... Medusa Medusa 3' 11GHZ 820 820C 11Ghz Quantity 6 6 1 1 nu tu' Cambium 0 Radiowa‘e Cambium oriel C050045A10 2A (Intergrated into antenna) HP3-11 G2 820C It 31 Ibs 0 50lb 1 kg plilir Dimensions 20x26x5" 0 38 x 38 x 22" 134x190x62mm Center AGL _ 140' 140' 140' 140 cunt Type - . ' • . s, Pole Mount Direct to antenna Pole Mount Direct to Dish ,'Mount Model . _ ... _.. __ i much (i n degrees) 0,90,180,270 7 7 C,90,180,270,?.7 303° 303° Unlicensed Unlicensed 0 Licensed Licensed I Fix Frequency i 5.4 & 5.7 ghz 0 11 GHZ 11 GHZ ._.... __ ;Ix Frequency t a _ 5.4&5.7 ghz 0 11 GHZ 11 GHZ +.na G 16 37 - OTHER: :rM 1 0 3 a Primus 0 Primus ' . -_:- ,.- Cat5e 0 Cat5e 5/16" 0 5/16" - i ke foe !, r PART IV- GROUND SPACE & EQUIPMENT REQUIREMENTS T Propo ed G_ •un� s Dimensions: IF Equipment Pad/Platform Dimensions: r,.. 6x6 pad 6x6 ASS at Mel terf net Sons (LxWxH): outdoor 80Hx36Dx29W •,a , tissue. n/a n/a ripipmr Generator Pad Dimensions: ... :. a ; G..nera cr �� _.. Na Na Fuelill:Tank Si ze ; n/a Na a isting • ••• P ..• - _ a . n/a ttylake: n/a n/a II _ _..... __ i 80Hx36Dx29W DDB IS . 80.. Wet Di dir 80Hx36Dx29W r Conditioned: yes ifilDC Build: AC Build Electric line itice Type: 100 amp x Breaker: klec United Power Service: .-- - -- hif Outlets: 2 rmbiners: 2 hig Ports: 2 libding - earth IMEquip: - Alpha. RPC, POE, CMM5 w/controller. Router, Power supplys, GPS, (4)12v batteries Document Ref: LDD2U-PDWAY-UEVJC-FHPYD Page 13 of 13 1` Y, New Contract Ite'quest Entity Information , = N, Entity Name* SKYBEAM I Contract Name* SKYBEA/DBA RISE BROADBAND Contract Status CTB REVIEW Entity ID* @00026684 Contract Description* TOWER LEASE AGREEMENT FOR FT LUPTON TOWER Contract Description 2 Contract Type* AGREEMENT Amount* $1,800 00 Renewable's' YES Automatic Renewal NO Grant NO IGA YES Department COMMUNICATIONS Department Email CM- Communications@weldgov co m Department Head Email CM-Communications- DeptHead@weldgov cam County Attorney GENERAL COUNTY ATTORNEY EMALL County Attorney Email CM- COUNTYATTORNEY a@7WELD GOV COM IGA Deadline Date If this is a renewal enter previous Contract ID If this is part of a MSA enter NSA Contract ID Note the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract ID 4033 Contract Lead ic MRWALLACE ❑ New Entity? Parent Contract ID Requires Board Approval YES Contract Lead Email Department Project # mrwallace@co weld co us Requested BOCC Agenda Date* 08/19/2020 Due Date 08/15/2020 Will a worts session with BOCC be required?* HAD Does Contract require Purchasing Dept. to be included? NO Contract, Dates " I Effective Date 08/19/2020 Review Date* 07/01/2025 Termination Notice Period Committed Delivery Date Renewal Date* 08/19/2025 Expiration Date Contact Information Contact Info i Contact Name Purchasing Purchasing Approver Approval Process, Department Head MIKE WALLACE DH Approved Date 08/17/2020 Final Approval BOCC Approved BOCC Signed Date i BOCC Agenda Date 08C24/2020 Originator MRWALLACE Contact Type Contact Email Contact Phone 1 Purchasing Approved Date Finance Approver BARB CONNOLLY Rnance Approved Date 08/1812020 Tyler Ref # AG 082420 Legal Counsel BOB CHOATE Contact Phone 2 i Legal Counsel Approved Date 08/18/2020 Hello