HomeMy WebLinkAbout20191558.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR COMMUNICATIONS TOWER AND SITE LEASE AND
AUTHORIZE CHAIR TO SIGN
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 the U.S. Department of Transportation, Federal Aviation Administration,
commencing upon October 1, 2019, and ending September 30, 2039, 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 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 the U.S. Department
of Transportation, Federal Aviation Administration, 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 22nd day of April, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
W,LD COUNTY, COLQRADO
ATTEST: ddrt4t) v• �dooll
Weld County Clerk to the Board
Date of signature: 14-25-n
Steve Moreno
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2019-1558
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To: Board of County Commissioners
Ref: Contract #2597
Weld County Regional Communications Center
1551 N 171h Avenue, Ste 2, Greeley, CO 80631
Phone: 970-350-9600 x4 ( Fax: 970-304-6501
WCRCC@WeldGov.com
www.co.weld.co.us
The attached agreement is a Lease Agreement with the FAA for the LaSalle Tower Site. This is
an updated Lease Agreement renewal that expires in 2019. This updated agreement is a five
year lease renewable for four five year periods. Pricing is renegotiated every five year term.
Michael R Wallace
Director Public Safety Communications
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COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT
690EG4-19-L-00033
GXY MODES
This AGREEMENT (hereinafter referred to as "Lease" or
"Agreement") made and entered into thiscZC day of
/g, 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 the United States of
America, for and on behalf of The U.S. Department of Transportation,
Federal Aviation Administration 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 2019-1558
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COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT
2.1 Lessor hereby grants permission to Lessee to install, maintain, and operate
communications equipment 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 on the Tower. The
equipment is as close as practical to the 300 -foot level on the Tower.
2.2 The parties agree that Lessee may place its equipment in a free-standing building
on the site for the Lessee's own use in connection with its use of the tower, not to
exceed a 10 foot by 10 foot area at a location to be designated by Lessor.
3 RENTAL
3.1 Lessee shall pay to Lessor as rent during the term of this Lease, $ 1000.00 per
month ($12,000 annually) in arrears 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 on 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. 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 is existing electrical service at the Site, which is 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
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COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT
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 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 only for damage resulting from negligence or misconduct of
Lessee personnel. The Lessee shall not be liable for any loss, destruction or
damages to the premises beyond the control and without the fault of negligence of
the Lessee, including, but not restricted to, acts of nature, fire, lightning, floods, or
severe weather. The parties agree that any settlement of damages by the Lessee, if
any, shall be done at termination of the lease. Lessor agrees to pre -coordinate with
the lessee by providing 30 day advance notice if Lessor allows other new users to
install equipment that could potentially interfere with Lessee's operations.
9 TOWER AND EQUIPMENT MAINTENANCE
9.1 Lessor shall be solely responsible for the performance of any routine, extraordinary,
or emergency repairs or maintenance on 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.
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COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT
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 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 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.
11 ASSIGNMENT
11.1 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.
11.2 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.
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COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT
11.3 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.
11.4 Upon notification to Lessor of any assignment, Lessee shall be relieved of all
performance, liabilities and obligations under this Agreement.
12 INDEMNITY
12.1 If any action of the Lessee's (Government) employees or agents during the lease
term results in damage to the lease premises, the Lessee (Government) will at its
option, either repair such damage or make an appropriate settlement with the
Lessor. In no event shall such repair or settlement exceed the fair market value of
the fee interest of the real property at the time immediately preceding such
damage. The Lessee's (Government) liability under this clause may not exceed
appropriations available for such payment and nothing contained in this agreement
may be considered as implying that Congress will at a later date appropriate funds
sufficient to meet deficiencies. The provisions of this clause are without prejudice to
any rights the Lessor may have to make a claim under applicable laws for any other
damages than provided herein.
12.2 All of Lessee's contractors or subcontractors, prior to the installation of any
equipment, shall secure and maintain 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, contractors, and/or
subcontractors. All lessee's contractors and subcontractors shall also carry such
insurance as will protect it from all claims under any Workers' Compensation laws
in effect that may be applicable.
12.3 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.
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COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT
13 GOVERNMENT APPROVAL
13.1 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.
13.2 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 TERM OF LEASE
14.1 This Lease shall be effective for one year. commencing from October 1, 2019
through September 30, 2020 -This Agreement shall automatically renewable on an
annual basis -through September 30, 2039, unless sooner terminated by either party
pursuant to the provisions hereinafter set forth. The parties acknowledge that
Lessee would like for this Lease Agreement to continue for several years, although
Lessor does not warrant or guarantee that this Lease Agreement will continue for
any term beyond what is stated. The lease payment for the initial five years lease
period shall be $1000.00 a month. After the initial five-year period, the lease
payment may be renegotiated.
14.2 Lessee may terminate this lease at any time by providing Lessor with notice of its
intent to terminate at least 30 days in advance of the termination date. Upon
termination, Lessee shall remove its equipment and material installed on Tower or
at Site within 90 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 90 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.
15 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
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COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT
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
and applicable federal laws.
16 DEFAULT
16.1 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.
16.2 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 its option, Lessor may file a claim for any expenses incurred in the
removal of the Lessee's equipment. If the defaulting party is Lessor, and the default
continues after the period for cure passes, Lessee may pursue all available legal
remedies herein set forth, including arbitration.
16.3 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.
17 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 facsimile with 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 attempted delivery. This method of
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COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT
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:
Federal Aviation Administration
Northwest Mountain Region
Real Estate and Utilities Group, AAQ 930
2200 16th Ave. S
Des Moines, WA 98198
18 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.
19 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.
20 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
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COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT
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.
21 PRIOR AGREEMENT
This agreement supersedes and replaces FAA Lease No.DTFA11-99-L-00602.
22 CONTRACT DISPUTE
All contract disputes arising under or related to this Lease will be resolved through
the FAA dispute resolution system at the Office of Dispute Resolution for Acquisition
(ODRA) and will be governed by the procedures set forth in 14 C.F.R. Parts 14 and
17, which are hereby incorporated by reference. Judicial review, where available,
will be in accordance with 49 U.S.C. 46110 and will apply only to final agency
decisions. A Lessor may seek review of a final Government decision only after its
administrative remedies have been exhausted.
All contract disputes will be in writing and will be filed at the following address:
Office of Dispute Resolution for Acquisition, AGC-70
Federal Aviation Administration
800 Independence Avenue, S.W., Room 323
Washington, DC 20591
Telephone: (202) 267-3290
A contract dispute against the FAA will be filed with the ODRA within two (2) years
of the accrual of the lease claim involved. A contract dispute is considered to be
filed on the date it is received by the ODRA.
The full text of the Contract Disputes clause is incorporated by reference. Upon
request the full text will be provided by the RECO.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement in duplicate originals on the dates shown below our
respective signatures.
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COMMUNICATIONS TOWER AND SITE, LEASE; AGREEMENT
Lessee:
Federal Aviation Administration
By:
Printed Name:
Claire K. Wilson
Title: Real Estate Contracting Officer
Date: � ��y 01 Ci
2
Lessor:
Weld County Public Safety Communications iLiszt a
By:a
Name: Michael R Wallace, ENP, CMCP
Title: Director of Public Safety Communications
Date:
2019
ATTEST:
Weld unty Clerk to the Board WELD COUNTY, COL RADO
BY:
Deputy 'erl<o the
-->cists"
101 Page
BOARD OF COUNTY COMMISSIONERS
f
arbara Kirkmey r, Chair
tigi
An 2 2 2019
APPROVED AS TO SUBSTANCE:
Elected Official or Department Head
02c /Ser-
COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT
EXHIBIT A- Equipment List
EXHIBIT B - Legal Description of Weld County Parcel
EXHIBIT C - Google map of MODES site
11 'Page
EXHIBIT A
Leassee's System Information
Leassee: United States of America, Federal Aviation Administration
SITE INDENTIFICATION:
"Gilcrest Tower"
Legal Description: See Exhibit B
Geographic Coordinates: Latitude 40° 15' 40" N
Longitude 140° 42' 20" W
Tower Height: 350 feet
EQUIPMENT TO BE INSTALLED:
Feedline: 3/8" Cablewave Heliax
Radio: Wilcox Electric Model No. 098547-0100
Output Power: One Watt
Transmit Frequency: 1090 MHZ
Receive Frequency: 1030 MHZ
Equipment shelter as required for radio equipment to be furnished by Lessee.
Substantially equivalent items may be substituted for the antenna, feedline, and radio upon notification to
Lessor.
EXHIBIT B
The proposed FAA, MODES Site is located of the following described tract of land.
A tract of land located in the North Half of the North Half of Section 6, Township 3 North, Range 65
West of the 6'' Principal Meridian, Weld County, Colorado, and being more particularly described as
follows; Commencing at the Northwest Corner of said Section 6 and considering the North line of said
Section 6 to bear N. 89° 41' 06" E, with all other bearings contained herein being relative thereto.
thence N. 89° 41' 06" E. 2189.80 feet to the TRUE POINT OF BEGINNING; thence N. 89° 41' 06" E.
839.16 feet; thence S. 0° 18' 54" E. 30.00 feet; thence S. 29°41' 06" W. 839.16 feet;
thence N. 30° 18' 54" W. 839.16 feet; thence N. 0°18' 54" W. 30.00 feet to the TRUE POINT OF
BEGINNING; said tract of land contains 7.578 acres of which 0.578 acres are included in Weld County
Road No. 38 right-of-way, resulting in a net area of 7.00 acres more or less.
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