HomeMy WebLinkAbout20183090.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR COMMUNICATIONS TOWER AND SITE LEASE AND
AUTHORIZE CHAIR TO SIGN - DMR NETWORKS, INC.
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 DMR Networks, Inc., commencing upon full execution of signatures, and
ending August 28, 2023, with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for Communications Tower and Site Lease 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 DMR Networks, Inc.,
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 26th day of September, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dirAtA) XLto;&k,
St'e Moreno, Chair
Weld County Clerk to the Board
eputy Clerk to the Board
APPR• .: D A
ounty •rney
Date of signature: (0 /
Barbara Kirkmeyer,
Sean P. C way
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2018-3090
CM0026
COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT
This AGREEMENT (hereinafter referred to as "Lease" or "Agreement") made and entered
into this ..2, day of 4Q „c+„201 ' (the "Effective Date"), by and between the Board of
Weld County Commissioners, on behalf of the Weld County Public Safety
Communications Department, hereinafter referred to as the "Lessor", and DMR
Networks, Inc., 13950 Quebec St., Thornton, CO. 80602, hereinafter referred to as the
"Lessee."
WHEREAS Lessor is the current owner of a certain communications tower ("the
Tower") located in Section 8, Township 7 North, Range 67 West of the 6th P.M. in
Weld County, Colorado, Weld County Parcel No. 070508000028, with an address of
40800 CR 15, Fort Collins, CO, (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 on the top platform (74 foot) level on
the Tower.
2.2 The parties agree that Licensee may place Licensee's equipment as set forth on
Exhibit A inside the Licensor's equipment shelter with approval of the size and
placement of the equipment to be designated by Licensor.
2018-3090
COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT
2.3 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.
3 RENTAL
3.1 Lessee shall pay to Lessor as rent during the initial term of this Lease, One
Hundred Dollars ($ 100.00) 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
Licensor shall provide Licensee with access only with an escort from Weld County
Public Safety Wireless Communications (970-400-2888) during normal county
business days/hours. Lessee will only allow "Class B" "Competent (Skilled) Climbers"
as defined by ANSI/TIA-222-G or the most current revision, to climb and/or perform
maintenance on the equipment mounted on the Tower.
5 ELECTRICAL POWER
There are existing electrical lines at the Site. Lessee shall, have access to one 20 -
amp electrical circuit from the existing electrical service to operate Lessee's cabinet.
Lessor is not responsible for any disruptions of service related to a loss of Electrical
Service.
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,
COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT
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 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 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. Lessee
shall be solely responsible for the performance of any routine, extraordinary, or
emergency repairs or maintenance on Lessor's Tower that are caused by or
result from Lessee's use of Lessor's Tower.
9.2 Lessor shall be responsible for compliance with all regulations requiring painting
and/or lighting of Lessor's Tower, including operation, maintenance and
inspection of the Tower, lighting, and alarm systems.
9.3 Lessor shall have the right to make any reasonable changes, alterations or
improvements to the Site, or any part thereof, so long as such reasonable
changes, alterations or improvements do not interfere with Lessee's reasonable
use of the premises leased under this Agreement. If any change, alteration or
improvement contemplated by Lessor will result in a disruption of service to
COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT
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 ENVIROMENTAL MATTERS
10.1 Lessee will be solely responsible for and will defend, indemnify and hold Lessor,
its agents and employees harmless from and against any and all direct claims,
costs and liabilities, including reasonable attorneys' fees and costs, arising out of
or in connection with the cleanup or restoration of the property located at
Lessor's Tower Site associated with Lessee's use of Hazardous Materials.
10.2 To the extent allowed by applicable law, Lessor will be solely responsible for and
will defend, indemnify and hold Lessee, its agents and employees harmless from
and against any and all direct claims, costs and liabilities, including reasonable
attorneys' fees and costs, arising out of or in connection with the removal,
cleanup or restoration of the property with respect to Hazardous Materials from
any and all sources other than those Hazardous Materials introduced to the
property by Lessee.
COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT
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 INDEMNITY
12.1 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.
12.2 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.
'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
COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT
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 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.
13.3 Lessor hereby certifies that it will comply with applicable law.
14 TERM OF LEASE
14.1 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.
14.2 Lessor may terminate this lease pursuant to the provisions of paragraph 17
herein or by giving Lessee 180 days' written notice of its intention to terminate
this Lease. Lessee may terminate this lease pursuant to the provisions of
paragraph 17 herein, or at any time by providing Lessor with notice of its intent
to terminate at least 90 days in advance of the termination date. Upon
termination, Lessee shall remove its Equipment and material installed on Tower
or at Site within 30 days after termination of this Lease, and shall leave Tower
and Site in substantially the same condition as it existed prior to the date when
Lessee installed its communications Equipment, reasonable wear and tear
excepted. If Lessee has not removed all of its Equipment from the Site after the
said 30 days, Lessor may, at its option, arrange for the Equipment to be removed
COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT
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
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.
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 Lessee's expense, or Lessor may, after giving 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 30 days' notice to Lessor, cancel and terminate
COMMUNICATIONS TOWER AND SI"I'E LEASE AGREEMENT
this Agreement and 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 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:
0MR Networks, Inc.
13950 Quebec St.
Thornton, CO. 80602
Att. Alex Doyle
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.
COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT
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
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 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:
By: IO '74 L
Date:
Lessor•
Wel unty Public Safety Co unications
COMMUNICATIONS TOWER AND SI lLEASE AGREEMENT
By: LQ 2j2&)
Name: Michael R Wallace, ENP, CMCP
Title: Director of Public Safety Communications
SEP 262018
Date:
ATTEST:W,,,raitvt);ei
BOARD OF COUNTY COMMISSIONERS
Weld C my Clerk to th- Board WELD COUNTY, COLORADO
BY:
Deputy rk to th
Steve Moreno, Chair SEP 2 6 2018
APPROVED AS TO SUBSTANCE:
ii-eate4d2-11-2-'2e44
Elected Official or Department Head
COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT
EXHIBIT A
Equipment to be installed within Communications Shelter:
One (1) 84"X17"X24" Cabinet with 20 amp Electrical circuit
Equipment to be installed on Tower:
Two (2) DB-222 Antennas (VHF) 152 MHz at the top platform (74 foot level)
Two (2) DB-408 Antennas (UHF) 454 MHz at the top platform (74 foot level)
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