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Home My WebLink About770497.tiff RESOLUTION RE: AUTHORIZATION FOR CHAIRMAN TO SIGN MOUNTAIN OUT TELA LEASE WITH THE NORTHERN COLORADO ONCOLOGY CENTER AT THE WELD COUNTY GENERAL HOSPITAL. 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 Assistant Hospital Administrator of the Weld County General Hospital , has commented to the Board of County Commissioners of Weld County, Colorado, as to the need for the Northern Colorado Oncology Center at the Weld County General Hospital, to lease certain personal property from Mountain Bell, and WHEREAS, the Assistant Hospital Administrator has informed the Board of County Commissioners of Weld County, Colorado, that the Weld County General Hospital Board of Trustees has approved this system, and WHEREAS , the Board of County Commissioners has heard remarks of a Mountain Bell representative, who has explained the five- year "Tela Lease" contract and the cost thereof for a ten-year period, which would amount to $15 , 866, and WHEREAS, in order to finalize said "Tela Lease" with Moun- tain Bell, said contract must meet the approval of the Board of County Commissioners, and WHEREAS, after careful consideration of the Board of County Commissioners, said Board determines it advisable and in the best interest of all concerned, to approve said lease. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that the above-mentioned "Tela Lease" , a copy of which is attached hereto and incorporated herein by reference, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board of County Commissioners that said Board does authorize the Chairman of the Board to execute said "Tela Lease" with Mountain Bell as lessor and the Northern Colorado Oncology Center as lessee. X71� /8066 7 770497 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following yote on the 26th day of October, A.D. , 1977. BOARD OF COUNTY COMMISSIONERS COUNTY, COL DO ll dais- ATTEST: Weld County Clerk and Recorder and Clerk to the Bo d- \ By. i24-1k-in-0113, nipueuu-- / Deputy County C efk -.A PRO D AS TO FORM: -a.. c County Attorney Date Presented: November 2, 1977 -2- • 8410-C (3-77) • . tiela lease LESSEE/CUSTOMER Northern Colorado Oncology Center (Proprietorship(. Pannershipa. or Corporatwnpt Gov ' t LESSOR/MOUNTAIN BELL 16 Street & 17 Avenue The Mountain States Telephone and Telegraph Company, hereinafter referred to as"Mountain Bell"or "MB," Brthng Address 931-14th Street. Denver, Colorado 80202 Greeley Colorado 80631 City Stare Zip Code 1. LEASE,EQUIPMENT Mountain Bell hereby leases to Lessee and Lessee hereby leases from Mountain Bell the personal property listed on Schedule i,attached hereto and incorporated herein by this reference.subject to the terms and conditions set forth herein.The items of per- sonal property listed on Schedule I and any additional features or equipment subsequently added shall be hereinafter referred to as"Equip- ment,"The performance capacity of the Equipment,if required to be specified.will be set forth in Schedule II attached hereto and incorporated herein by this reference. . 2. PREMISES: Equipment shall be located at: 1716 15 Street Greeley Weld Colorado 80631 Street Surtn or Office City. County and State hereinafter referred to as "Premises." Lessee represents that said Premises are(lento (owned)by Lessee.If leased,Lessee represents that the expiration date of its lease with Landlord is and • that consent of the Landlord, if required. has been secured. 3. SERVICE DATE: Estimated Service Date is 11 /15/77 : provided Mountain Bell is given reasonable unrestricted access to the premises- 3 business days prior to said date.(See Additional Terms and Conditions.) • 4. TERM.CREDIT:This agreement Shall become effecti land binding upon the Lessee and Mountain Bell upon execution hereof by both parties hereto,and shall continue for a period of _ months after Service Date,hereinafter referred to as the"Term of this Lease," unless extended. renewed or sooner terminated as provided herein. Lessee acknowledges that one of the conditions to be satisfied before acceptance by Mountain Bell is meeting credit standards satisfactory to Mountain Bell, including the providing of additional security or guarantees as may be required by Mountain Bell.Such security or guarantees may be held for the Term of the Lease,as extended or renewed,and may be required by Mountain Bell at any time upon the occurrence of an event cf default hereunder.This Lease.s conditional • upon verification of compliance witg 1J dpplrcable tariffs in effect at the time of signing.This Lease may not be terminated by the Lessee tar any reason during the first _—�_ (36.60.84 or 1201 months of the Term,here'nafter referred to as toe"Fixed Rent Payment Period." without Lessee being in Default hereunder(see Paragraph 231 unless Lessee complies with the Early Termin aeon prcvisions(see Paragraph 31). This Lease may be terminated by Lessee as to all or any item or items of Equipment listed on any Schedule I made a part hereof,any time there is no unexpired Fixed Rent Payment Period,by sixty(60)days prior notice to Mountain Bell,without additional charge Other than rents to the date of return of possession, provided Lessee is not then in default. 5. FIXED RENT:Lessee agrees to pay Mountain Bell.at its local telephone company office,the sum of$68. 70 -- per month hereinafter referred to as"Fixed Rent."plus applicable taxes. if any.commencing on the Service Date and continuing for the Fixed Rent Payment Period,payable on the day of each month when Lessee's bill for telephone service is due,for the number of months specified as the Fixed Rent Payment Period of this Lease.Lessee shall make all payments in advance on the day of the month for which such payments are scheduled as due from time to time according to standard Mountain Bell procedure. This Lease is for the Equipment described in Schedule I only. 6. VARIABLE RENT: Lessee agrees to pay Mountain Bell, at its local telephone company office"Variable Rent"plus applicable taxes, if any,commencing on the Service Date and continuing for the Term of this Lease. and any renewal or extension.unless terminated as herein provided,payable on the same date of each month as the Fixed Rent. The Variable Rent is composed of two parts.herein referred to as the "Constant Part"and the'Variable Part."The monthly Constant Part is equal to 18%of the monthly Fixed Rent in Paragraph 5 above and con- tinues unchanged for the Term of the Lease The Constant Part of the Variable Rent is$_1_2-. 37 _per month. The Variable. art is the re't of the Variabl ent is sub)ec* to ch qe at any time in conformity with tariffs duly filed with the Pub 17 C Utilities. ;QO rn L of �} _ to t o_n f Co 1 0 hereinafter referred to as the"State Regulatory Agency.• The initial Variable Part of Inc_Variable Rent is$__.t5. --a.Q- per month The tariff pursuant to which this Lease is authorized by the State Regulatory Agency indicates categories of costs(see Paragraph 9 hereof)upon which changes to this Variable Rent may be made. the major variable being maintenance costs. 7. LIMITATION OF WARRANTIES:THE WARRANTIES CONTAINED IN PARAGRAPH 11 SHALL BE IN LIEU OF AND EXCLUDE ALL OTHER EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OR OTHERWISE.MOUNTAIN BELL SHALL NOT BE LIABLE FOR ANY SPECIAL.INCIDENTAL,OR CONSEQUENTIAL DAMAGES OR FOR LOSS. DAMAGE OR EXPENSE DIRECTLY OR INDIRECTLY ARISING FPOM LESSEE'S USE OF OR INABILITY TO USE THE EQUIPMENT. EITHER SEPARATELY OR IN COMBINATION WITH OTHER EQUIPMENT.OR FOR PERSONAL INJURY.DEATH OR LOSS OR DESTRUCTION OF OTHER PROPERTY OR FOR ANY OTHER CAUSE. LESSEE SHALL HAVE NO RIGHTS WHATSOEVER ARISING OUT OF (1) THIS AGREEMENT, OR (2) MOUNTAIN BELL'S OWNERSHIP OF THE EQUIPMENT, OR (3) MOUNTAIN BELL'S PERFORMANCE HEREUNDER, DIRECTLY OR INDIRECTLY, AGAINST MOUNTAIN BELL BEYOND A PRORATA REFUND OF THE MONTHLY CHARGES. 8. LEASE DOCUMENTS: THIS EQUIPMENT LEASE CONSISTS OF THE 1ST PAGE HEREOF, THE ADDITIONAL TERMS AND CONDITIONS ON PAGES 2 THRU 4 HEREOF, THE SCHEDULES ATTACHED HERETO, AND ALL APPLICABLE TARIFFS. AND CONTAINS THE ENTIRE AGREEMENT BETWEEN THE PARTIES. MOUNTAIN BELL AS A REGULATED PUBLIC UTILITY IS NOT BOUND BY ANY REPRESENTATIONS OR INDUCEMENTS NOT SET FORTH HEREIN.LESSEE ACKNOWLEDGES HAVING READ THE TERMS AND CONDITIONS ON PAGES 1 THRU 4 HEREOF:THE SCHEDULES ATTACHED HERETO AND ANY TARIFFS UPON WHICH LESSEE HAS RELIED, AND AGREES TO BE BOUND THEREBY. APPROVED AND ACCEPTED: LESSEE/CUSTOMER LESSOR/MOUNTAIN BELL Norther_ ._Co _ora.d _0nco] ogy_ Center By • /.t/ lLz.�orwur By ~' Signature ' S.gnatwe Mary Garcia , Account Representative L. Kent Reitz , President of Board Name and T414 Name and Las Dere Juno Steinrnark Chairman-Board of Commic-s* r iorler. ADDITIONAL TERMS AND CONDITIONS 9. CHANGES IN VARIABLE RENT:The able Part of the Variable Rent may be modified at any a during the Term of this Lease or any time thereafter pursuant to tariff filed with the State Regulatory Agency;however, these modifications will be limited to reflect changes in the average aggregate costs to MB in the following:(1)the cost of maintenance;(2)the cost of maintenance or replacement parts or supplies;(3) ad valorem.rental,income,gross receipts,sales,use and privilege taxes or any other taxes included in MB's computation for taxes for Variable Rent or the imposition of any new tax,whether intended by the taxing authority to be paid by MB or Lessee;provided,however,that MB shall not be entitled to reimbursement of the tax pursuant to this provision and also pursuant to Paragraph 14 or 18 hereof. (4) the direct ad- ministrative and other incremental costs related to performance by MB of its obligations regarding PBX telephone equipment if such is leased hereby,or key telephone equipment if such is leased hereby.Future changes in the cost of new similar equipment and cost of money for the purchase of said Systems or installation costs shall not be a basis for changes in the Variable Part of the Variable Rent. 10. FORCE MAJEURE:Mountain Bell shall use reasonable efforts to perform its commitments under this agreement;however,it shall have no liability to Lessee for its failure to perform any of the commitments under this agreement if it is prevented from doing so by act of God,public authority, public enemy, civil disobedience, labor conditions or other cause not under Mountain Bell's exclusive control. 11. EQUIPMENT WARRANTY AND MAINTENANCE: Mountain Bell warrants(for charges included in the Variable Rent or Conventional Rent)that the Equipment supplied will be free from any manufacturing or installation defects in material and workmanship for the initial Term of this Lease without extension or renewal.Expressly excluded from this warranty are damages to or failure of the Equipment caused by behavior of Lessee,its officers,employees,agents.in0itees,or others which constitute misuse, negligence,unexplained loss,abuse,gross negligence, intentional acts. connection to any nontelephone electric current. or improper wiring, installation, repair or alterations by anyone other than Mountain Bell. hereinafter referred to as"Excepted Causes." Repairs and replacements necessitated by any of the.above Excepted Causes and warranty work shall all be made by Mountain Bell in accordance with Paragraph 12. `- Lessee shall not use. handle, maintain or store the Equipment. or any part thereof, improperly, carelessly, or other than in a manner con- templated by MB, nor shall Lessee permit any persons to use or operate the Equipment without appropriate supervision and training. Subject to the Lessee meeting Lessee's obligations under this Lease,Mountain Bell(tor charges included within the Variable Rent or Conven- tional Rent)shall provide maintenance for the Equipment and furnish all necessary service,including parts and material,to maintain the Equip- ment in good working condition and repair for the Term of this Lease.When Lessee notifies Mountain Bell of any Equipment failure,Mountain Bell shall commence onsite repair service within 24 hours of tne Lessees notice;or in emergencies,within three!3i hours of Lessee's notice. Emergencies for the purpose of this clause are defined as a situation where all or a substantial portion of the Equipment does not function. Failures caused by Excepted Causes shall not be considered emergencies and are not covered by Mountain Bell's maintenance obligation. The Variable Rent is not intended to pay for'losses caused by Excepted Causes. 12. DAMAGE,CASUALTY LOSS VALUE AND TABLE:MB,as owner,shall retain the risk of loss and damage to the Equipment:provided. however,MB dons not retain and Lessee hereby assumes and shall bear the entire risk of loss and damage,either direct or consequential,to the Equipment or any part thereof due to Excepted Causes.If any loss or damage shall occur which'Lessee has assumed,such loss or damage shall not release or bar any obligation of Lessee under this Lease Agreement.which shall continue in full force and effect and MB shall have the option(1)to require'payment of the Casualty Loss Value of the Equipment or the damaged part thereof at MB's option and terminate the Term of the Lease in full or for the affected Equipment,as appropriate,or'(2)MB may replace or repair the Equipment in which case it shall do so promptly and the cost of labor and materials shall be paid to Mountain Bell by Lessee with the next regular payment after billing therefor. Furthermore, should Mountain Bell determine that said repair or replacement is (a) substantial in nature.or(b) represents a recurrence of damage or destruction from Excepted Causes to some or all of the Equipment,Mountain Bell may elect.at its option,to declare the Lease in default and have the remedies provided for herein in the event of default,or as an additional option,Mountain Bell shall have the right to collect the Casualty Loss Value of the Equipment so damaged. Fixed and Variable Rents shall not abate because of loss or damage regardless of which party has assumed the risk of loss and regardless of Warranty and maintenance obligations. If the loss or damage is one which MB must bear pursuant to the terms of this agreement, MB shall repair or replace the Equipment with similar Equipment as soon as reasonably possible and this Lease shall remain in full force and effect. Mountain Bell shall have the option of repairing the Equipment in place or of removing the Equipment for repair or replacement with Equip- ment of the same or similar style or type.In the event MB determines that repairs cannot be reasonably mace and similar replacement Equip- ment is not reasonably available or will not be reasonably available, MB shall have the option to terminate the Term of this Lease forthwith for the affected Equipment and MB and Lessee shall be relieved of all obligations hereunder for the affected Equipment. In such event, Lessee shall be obligated for the Fixed and Variable Rents only to the time of the loss or damage. In the event there is damage or a loss of Equipment or any part thereof for which Lessee is responsible pursuant to the provisions of this Paragraph 12, such fact shall be promptly reported by Lessee to MB. Casualty Loss Value payments from Lessee shall be in addition to the Fixed and Variable Rents for which Lessee is obligated until the Casualty Loss Value payments are made to MB and shall be payable with the next regular payment after billing therefor. If the Casualty Loss was one for which the Lessee is responsible pursuant to provisions of this Paragraph 12,at the election of MB,the Lessee shall pay upon billing the Casualty Loss Value of the affected Equipment forthwith,or shall pay 118% of the unpaid installments of Fixed Rents for the Fixed Rent Payment Period forthwith. The Casualty Loss Value of all affected Equipment after some period in months is determined by multiplying the monthly Fixed Rent for all affected Equipment by the corresponding entry in the Casualty Loss Table(attached hereto as Schedule III and hereby incorporated herein by this reference)for the month of this Lease or of the Additional Equipment Lease term,as applicable,in which the casualty occurred,or when the Casualty Loss Value is paid, as otherwise provided herein. 13. EXPIRATION OF THE LEASE:At the expiration of this Lease.or at the expiration of this Lease as extended or renewed,as appropriate. or upon demand by MB pursuant to Paragraph 23 hereof,Lessee shall assure that the Equipment is made available to MB in the same condi- tion as when received, except for ordinary wear and tear. and loss or damage for which MB assumes the risk. If Lessee does not make the Equipment readily available to MB,MB shall be entitled to all costs and expenses.including reasonable attorney's fees and MB's internal costs necessary to recover the Equipment in addition to other damages hereunder. 14, INDEMNIFICATION:Lessee shall indemnify MB against and hold MB harmless from any and all claims,actions,suits.proceedings,ex- penses.and liabilities.including attorney's fees,arising from any action or cause(except those under the exclusive control of MB).claimed by any person,organization,association or otherwise,arising out of,relating to,or in connection with Lessee's use,operation,possession.or con- dition of the Equipment. 15. SERVICE DATE:For the purpose of this Lease,"Service Date"is herein defined as the date upon which the Equipment shown upon the applicable Schedule I is first installed at the Premises,and is substantially functioning.The estimated service date is an approximate date and Mountain Bell shall under no circumstances be liable for damages. special. consequential or otherwise, for delays in the Service Date. 16. INSPECTION BY LESSEE: Unless within seventy-two(72) hours after Service Date Lessee gives written notice to MB specifying any defects in installation or other proper objection to the Equipment,Lessee agrees that it shall be conclusively presumed that Service Date is tne commencement date for the Term of the Lease and payments,that the Lessee has inspected the Equipment,that the Equipment is properly in- stalled. that the Equipment is in good condition and repair, and that the Lessee is satisfied with and has accepted the Equipment. If MB has processed Lease rental billings based on the Service Date and timely notice of proper objections or detects is received by MB,MB will reflect adjustments on a subsequent billing.Lessee shall confirm acceptance by executing an Installation Acceptance Certificate,if requested to do so by MB. the form of which has been provided to Lessee and Lessee acknowledges receipt thereof. 17. INSTALLATION AND LOCATION: Equipment shall be delivered and thereafter kept at Premises. and shall not be removed without MB's prior written consent. The initial standard installation charges for the Equipment apply as indicated in the appropriate Schedules of the MB General Exchange Tariff.Any special installation,other than initial standard installation. required by Lessee or the physical limitations of Lessee's Premises shall be at Lessee's expense based upon costs to MB and payable when billed.Lessee will execute Form 7086G Customer Agreement for Equipment Space. if and when deemed necessary by MB. Any moves and rearrangements (after initial installation) will be provided only on an out-of-service basis and at rates or charges specified by tariffs effective at the time of such move or rearrangement.It no such Charge is specified. then such charge shall be based upon cost to MB. These charges shall be single.one-time charges in addition to rents hereunder and shall be due upon billing.Any move to different premises may only take place within the Exchange area,and will be on the same basis as the above moves or relocations. — 2 — • 18. USE OF EQUIPMENT:LIENS;TAXES:Without MB's prior written consent. Lessee shall not make any alteration,addition or improve- ment ra or to the equipment.Any alterat ddition or improvement which is not provided by Mc in Bell shall be interfaced with the Equip- , ment in accordance with the applicable ,f requirements. Lessee agrees to use the Equipmer. compliance with all applicable laws, or- dinances and regulations,and SOLELY IN THE ORDINARY CONDUCT OF ITS BUSINESS,and will on its own initiative and at its own expense keep the Equipment free and clear of all liens,attachments,encumbrances and charges not caused by MB,and shall pay all taxes(municipal, state and federal)which may now or hereafter be imposed,by way of example and not by way of limitation,upon the leasing,rental,posses- sion,existence.licensing,sale or use of the Equipment,if any,excluding taxes on or measured by MB's net income,and excluding ad valorem taxes upon MB's ownership of the Equipment. 19. INSURANCE: Lessee need not keep Equipment insured against risk of loss or damage or for public liability. Any of such insurance which Lessee may carry, Lessee agrees to place in joint names of MB and Lessee.The Lessee hereby appoints MB its irrevocable attorney in tact to do all things in regard to said insurance to the extent MB has rights hereunder,is entitled to collect from Lessee hereunder,or is entitled to indemnification from Lessee hereunder.MB shall not be under any obligation to pursue any remedy against any insurance company known or unknown and its acts or failure to act shall not relieve Lessee of its obligations hereunder. 20. TITLE TO THE EQUIPMENT:Title to the Equipment shall at all times remain with MB.The Lessee,at its own expense,shall protect and defend title of MB and give MB immediate notice of any threats to title. Lessee will execute. or cause to be executed any other documents deemed necessary from time to time by MB,by way of example and not by way of limitation,Uniform Commercial Code Financing Statements. Continuation Statements and Landlord's and Mortgagee's Lien Release or Disclaimer forms;documents to enable MB to file,register or record this Lease or notice thereof:and any other document deemed desirable by MB to protect MB's rights hereunder and title to the Equipment.The Lessee agrees to pay the costs,charges and expenses incident thereto and for any termination statement.The Equipment leased hereunder shall remain personal property notwithstanding its installation or attachment to realty, if any. Lessee and MB agree that the Equipment,even though separately identified in part on Schedule I.constitutes and is a single piece of personal property and that any additions or features to the system not described in Schedule I but subsequently added, and which are provided by Mountain Bell upon agreement to Lessee, shall be considered accessions to personal property and shall, once added. become part of the single piece of personal property. Notwithstanding MB's rights to obtain Uniform Commercial Code Financing Statements from Lessee at any time pursuant to this paragraph, Lessee and MB ' both believe and agree that this document creates a"True Lease" and that MB's right to obtain Financing Statements for the Equipment is preserved out of a height of caution and business procedure,and does not create or indicate any other interests in Lessee or MB.Lessee has not relied on MB in determining that this is a "True Lease." 21. ASSIGNMENT:Without MB's prior written consent, Lessee shall not assign,transfer,hypothecate or otherwise dispose of this Lease. the Equipment or any interest therein.or sublet or rent the Equipment.Subject to the foregoing,this Lease shall inure to the benefit of and be binding upon the heirs, legatees, personal representatives, successors and assigns of the parties hereto. MB's consent to an assignment or transfer of Lessee's rights hereunder shall not be binding and effective upon MB until such time as Lessee's assignee or transferee has agreed in writing to be bound directly to MB to faithfully perform all the terms and conditions of this Lease.The Lessee hereunder shall not be relieved of any obligation even if there has been a consent for transfer or assignment. MB shall continue to have direct recourse against the original Lessee for performance and for defaults,Any attempt to so assign without MB's consent shall be an event of default hereunder,at MB's option. In addition,MB shall generally not approve any assignment or transfer which requires MB to move Equipment from the Lessee's premises(MB may exercise its sole discretion in approving such assignments)and provided further that even upon approval as provided herein the rights may be assigned only upon payment of service charges specified in the applicable tariff as well as any other charges specified in the applicable tariffs for moves or rearrangements. All charges snail be pursuant to tariffs then in effect at the time of the assignment. 22. LATE PAYMENT: If Lessee fails to make any payment required herein to be paid by Lessee to MB by the due date,with or without notice,MB may sue to collect the payments and reasonable costs,including attorney's fees,without accelerating any other payments,as many times as necessary to recover payments due under this Lease.This right and obligation is in addition to all others hereunder,and its exercise or enforcement by MB. at MB's option. shall not be an election of remedies by MB or a waiver of the default or other remedies. 23. DEFAULT: Any of the following events shall constitute a default hereunder at MB's option: Lessee's failure to make any payments hereunder when due with or without notice: Lessee's refusal to permit installation or institution of service;Lessee's failure for seven(7)days to comply with any provision of this Lease atter written notice of such failure from MB; Lessee's insolvency or assignment for the benefit of creditors,or commencement of any proceeding in bankruptcy,receivership,or insolvency,by or against Lessee or its property:the improper care or abuse of the Equipment by anyone permitted access to the Equipment by Lessee except MB; any changes in the Lessee or the Lessee's business so that,in MB's opinion. risk of damage to MB's Equipment or the risk of collection under this Lease by MB is materially in- creased. Upon any such event, MB may at its option with or without demand or notice to Lessee, and without declaring a default or terminating this Lease,terminate Lessee's rights under this Lease with respect to the Equipment and take possession of the Equipment with or without a court order or other process of law,without any duty to account to Lessee with respect to action taken under this Paragraph or for any proceeds with respect thereto. At any time atter any of the aforesaid events of default MB may at its option dispose of said Equipment in any manner that it sees fit. Lessee waives any and all claims against MB with respect to action taken under this Paragraph. Should MB exercise its option and declare Lessee in default, the total unpaid Fixed Rents plUs the total unpaid Constant Part of the Variable Rents for the remainder of the applicable Fixed Rent Payment Period. plus any unpaid installments for nonrecurring charges, shall immediately become due and payable together with all costs and expenses including by way of example and not by way of limitation,reasonable attorney's fees and fees for collection agencies incurred by MB and MB's internal time and expenses in enforcing the terms and conditions hereof.It is agreed that said sums are liq- uidated damages and not a penalty because of the difficulty in determining actual damages for the specific, installed system on Lessees Premises and the loss of bargain. Notwithstanding MB's retaking of Possession of any or all of the Equipment leased hereunder.termination shall occur only upon written notice by MB to Lessee and only with respect to such item(s)of Equipment as MB specifically elects to terminate in such notice.MB may declare a default hereunder at any time an event of default exists,with or without notice to Lessee.No failure on the part of MB to exercise and no delay in exercising any right or remedy, one or more times, shall operate as a waiver thereof. MB shall have all remedies available under state law in addition to the above remedies. Upon MB's taking Possession of any or all items of Equipment, if the Equipment is not removed from Lessee's Premises.all use thereof by Lessee shall cease.Upon taking Possession MB may without removing the Equipment render it unusable.MB may also leave the Equipment on the Lessee's Premises and MB shall not be liable for rent or costs thereof to Lessee or any third person."Possession"is defined to include both the taking of Equipment into MB's physical custody,or the mailing or personal delivery to Lessee of a notification in writing that MB elects to take constructive possession of the Equipment wherever located. In the event of Lessee's failure to comply with any provision of this Lease,MB shall have the right,but shall not be obligated,to effect such com- pliance on behalf of Lessee,and any costs incident thereto shall be deemed to be additional rent and paid by Lessee with the next monthly pay- ment atter billing therefor. 24. NOTICES:All notices to Lessee required hereunder,shall be in writing and delivered personally or by mail,to Lessee at the address first above shown or to such other address as the Lessee hereto shall direct by notice in writing. All notices to MB shall be in writing and delivered personally or by mail, return receipt requested, to MB at the Local Business Office. All notices shall be effective the next day after mailing or when received, whichever is sooner. 25. ACCESS AND ENVIRONMENT:Lessee will permit or arrange for full and unrestricted access to Premises for MB's personnel.Lessee will provide adequate.safe space for the Equipment with a normal clean environment satisfactory for people and to MB,and secure storage space for MB of such repair or maintenance parts as it deems necessary,and insure that light and an adequate separate,standard,alternating current power source is available. 26. RENEWALS OF TERM'Lessee may renew the Term of this Lease for a month as many times as Lessee desires merely by continuing to use the Equipment or by not notifying MB of Lessee's desire that MB should remove the Equipment:provided,however.that MB or Lessee may,at its sole and absolute discretion,terminate this Lease,entirely or with respect to any item or items of Equipment listed on any Schedule I made a part hereof,at any time after the Term of this Lease as it may be extended.by giving the other party not less than sixty(601 days prior written notice of termination.By mutual agreement.all or any part of said notice may be waived.The terms and conditions under any renewal of the Term shall be the same terms and conditions as exist under this agreement with only those exceptions or modifications specifically stated for renewal terms. • • The rent under a renewed term shall be th'- -•riable Part of the Variable Rent as described in Para •h 5 and 9 hereof,plus the fair ma:ket rental value of the Equipment as negotia. ,etw•een the parties hereto for reasonable periods c ne in lieu of the Constant Part of the Variable Pent. Neither party shall be obligated to negotiate fair market rental value. In the event the parties hereto do not agree as to the fair market rental value, the amount of the Constant Part of the Variable Rent durino the Term of this Lease shall be deemed to be the fair market rental value. MB may from time to time for any renewal terms file tariffs with the State Regulatory Agency which will reflect the then fair market rental value of this particular Equipment, applicable only to renewed leases where MB and Lessee did not agree to fix rents in lieu of the amount of the Constant Part of the Variable Rents: in which case the tariff rate shall apply and not the Constant Part of the Variable Rent applicable during the Term of this Lease. 27. MAINTENANCE AFTER TERM OF LEASE:To the extent that MB continues to provide new service installations using the type of Equip- ment described in Schedule I hereto under tariff offerings,and the manufacturer of the Equipment is still manufacturing this type of equipment. Lessee shall continue to receive the same maintenance service as provided under the initial Term of the Lease for charges completely included in the then Variable Part of the Variable Rent or Conventional Rent.After the initial Term of the Lease,even if during any extended or renewed term.if MB no longer continues to provide new service installations utilizing this type of Equipment under tariff offerings,or if the manufacturer of the Equipment is no longer manufacturing this type of equipment,whichever occurs first,Lessee may continue to receive maintenance ser- vice for the then Variable Part of the Variable Rent or Conventional Rent as contemplated under the Lease Term: however. MB shall be obligated only to provide minor replacement or repair parts. If major replacement parts are necessary. MB shall impose an additional charge for providing,installing and maintaining such parts and the charges shall be based upon MB's costs therefor.MB shall make the determination as to whether the replacement or repair parts are major or minor. Examples of major replacements include the following if they are leased hereunder: key service units (or parts thereof), station sets, key telephone units, assembled equipment frames, complete circuit sub- assemblies,and attendant consoles and also other items and components,which are not then readily available from stock or the manufacturer because of their uniqueness to this general type of equipment. And examples of minor replacement parts are lamps, nuts, bolts, screws, handsets.cords, lamp caps,cabling and other items and components, not included in major replacements. and which are readily available. 28. ADDITIONAL EQUIPMENT:A. Upon Lessee's meeting credit standards satisfactory to MB and upon verification of compliance with • applicable tariffs. Lessee may add additional equipment and offered features. both hereinafter referred to as'Additional Equipment,"at any time and from time to time prior to the expiration of the Term of this Lease pursuant to any one of several options.as Lessee may elect. as applicable to Lessee's fact situation. Said options are set forth on Schedule IV attached hereto and hereby made a part hereof.Any Additional Equipment shall be added on the same terms and conditions as provided in this Lease, unless specibca'!y inapplicable, at the Variable Rents and Fixed Rents or Conventional Rents applicable in accordance with the General Exchange Tariff in effect at the Service Date tor the Ad- ditional Equipment.Time periods hereunder shall be computed in months.and a fraction of a month shall be computed In days of a standard 30-day month. It is understood and agreed that any Additional Equipment shall become an integral part of the system as leased hereunder, and shalt be inseparable for all purposes. B. A"Present Worth Factor" is a number, which when applied. converts an amount at a given date to an equivalent amount at an earlier date.An"Annuity"is a series of uniform amounts over a period of time.The present worth factor,as used here.assumes an effective an- nual interest rate at the percentage specified in the section pertaining to the type of Equipment leased hereunder in the General Exchange Tariff filed with the State Regulatory Agency and in effect at the Service Date for the Additional Equo:rent. C. As Additional Equipment is added and made a part of the system as a whole,MB shall presume and Lessee shall be bound by the presumption that ial case of loss or damage for which Lessee is obligated.Mat the most recently added Equipment(if like items of equipment have been put In Lessee's possession at different times)is that which has suffered the loss or damage.U".uss MB has evidence satisfactory to MB of the date of installation of a particular item of Equipment the presumption shall become conclusive and binding on both parties hereto. D. It is agreed and understood that although the monthly Constant Part of the Variable Rent is ecual to 18%of the monthly Fixed Rent as set out in Paragraph 6 of this Lease for the initial Equipment.nevertheless,due to the operation of ceea n of the options for Additional Equip- ment.the rent designated as Constant Part of the Variable Rent mayor may not bear a relationship of 1E-,to the Fixed Rent.In such case the Fixed Rent and the Constant Part of the Variable Rent after the appropriate computation set out in them paragraphs concerning Additional Equipment shall be paid as computed regardless of whetner the Constant Part of the Variable Rent esmains at 18 of the Fixed Rent. 29. APPLICABLE TARIFF= LEASE RATES UNDER THIS AGREEMENT:In the event that the tariff rates for the Fixed Rents and the Con- stant Part of the Variable Rents charge between the time this Lease Is signed and the Service Date of the Equipment the rents expressed herein shall control unless the Service Date is more than ninety(901 days after the execution of this Lease by both oarties and because of no fault or delay caused by MB. In the event there is a fault or delay caused by MB.the ninety(901 day perioa shall be extended by the lengtn of time which represents the fault or delay in installation by MB. In the event this Lease is signed more Char• ninety(90)days prior to the Service Date of the Equipment and the above extension does not apply,the Tariff-Lease Rates autnorized for the 7.xed Rents and the Constant Part of the Variable Rents in effect ninety(90) days prior to the Service Date of the Equipment shall be the rerts applicable under this agreement, notwithstanding the provisions of this Lease. including Paragraphs 5 and 6 above. 30. CANCELLATION PRIOR TO INSTALLATION:In the event Lessee shall notify MB in writing prior fo any installation activities whatsoever upon Lessee's Premises of its desire to terminate this Agreement and Lease. Lessee may so terminate ':.con payment of 20%of the total of 118%of all Fixed Rent payments due MB during the Fixed Rent Payment Period. It is agreed that this is her„sated damages and not a penalty, because of the difficulty of establishing actual damages for MB's sales and physical planning efforts and Joss of bargain. Failure to promptly pay the 20% shall be a default under this Lease and entitle MB to all remedies contemplated by Pare:raph 23 hereof. 31. EARLY TERMINATION:Lessee may terminate the Term of this Lease at any time during the Fixes. Rent Payment Period for any part or all of the Equipment upon not less than sixty 160)days prior notice to Mountain Bell and upon payment o- ne total present worth of the unpaid Fixed Rents plus the total present worth of the unpaid Constant Part of the Variable Rent.for such Eau':—eel'erminated.for that part of the Fixed Rent Payment Period of this Lease which remains after the date of termination.plus the present wore,of any unpaid installments for non- recurring charges.The present worth factor,which may be modified from time to time.shall be determined ov MB.The rent payable under this Lease shall continue until the termination date and the return of possession to MB of all of the Egciomeat e eh respect to which the Term is ter- minated. Against such termination charges there shall be allowed any termination credit applicable tc -e particular items of equipment as determined by Mountain Bell, and which may be modified from time to time. No termination of the Ter"' cy the Lessee shall be effective it Lessee is in default.or unless and until all the requirements of this paragraph are met.By mutual consent t-e parties hereto may agree to waive part or all of the notice requirements. 32. AUTHORIZATION. Lessee represents and warrants that there is no provision in its Articles of Ins 'ooration or in its By-laws or in any indenture.contract,agreement or instrument to which it is a party or by which it operates and no federal.^_ate or local law.statute rule.regula- tion or ordinance binding upon Lessee which would be contravened by the execution and delivery of mis Lease or by Lessee's performance of any term or condition hereof.The incividuals signing on behalf of Lessee,individually represent and warm that they have full right,power and authority to bind the Lessee. Lessee will provide such documents as MB may request to prove author y to lease hereunder. 33. SEVERABILtTy.The unenforceability or invalidity of any one or more provisions of this Lease or c-any agreement or other document entered into pursuant hereto shall not render any of the other provisions of this Lease or of any such other,ereement or document entered into pursuant hereto,unenforceable or invalid.and any remaining provisions of this Lease or such other document which are not enforceable or in- valid including any valid and enforceable remedies for default, shall be given full force and effect. 34. MISCELLANEOUS:Titles to the paragraphs of the Lease are solely for the convenience of the pert'es and do not explain,modify,or in- terpret the provisions herein. If more than one Lessee is named in this Lease. the liability of each snail be joint and several. Lessee shall not remove, but shall permit MB to place,as MB determines to be necessary or appropriate,signs or other identification on the Equipment indicating that MB is the owner thereof. All of the indemnities, debts. and liabilities of Lessee and MB hereunder which arise during the Term o'this Lease as it may be extended or renewed shall continue in full force and effect notwithstanding the expiration or termination of this Lease. This Lease shall not be amended or altered except in writing signed by authorized representatives of born parties hereto. No provision of any purchase order or other document submitted by Lessee in connection with this Lease or with the Leased'Equipment which conflicts with or in any way amends the terms and conditions of this Lease shall be of any force or effect or shalt govern in any way the subject matter hereof.This Lease shall be governed by the taws of the State where the Equipment is initially located on the Premises. — 4 — 8409-F (9-76) a, tiela lease • SCHEDULE I - INITIAL EQUIPMENT Tel. No. 356-8750 Case No. 5420-C Date 9/29/77 In accordance with the Tela Lease Agreement (Case Number above ) between the parties, Lessee agrees to lease from Mountain Bell the Equipment listed below. The Fixed Rent for this equipment will be paid for 60 months commencing on the service date. All monthly rates and charges will be those as set out in the applicable tariff. Monthly Rates USOC Fixed Variable Part of Quantity Description Code Rent Variable Rent* 1 Basic Equipment - Rotary KGE $17 . 10 $11 . 50 1 Common Equipment - Touch Tone Adapter KGL 4. 90 3 . 50 6 Line Equipment - Each KGG 4. 20 6.00 13 Touch Tone - 7 Line KGJ 39 . 65 61 . 75 1 Busy Field/Message Waiting 18 Stations KH7 2. 85 2 . 75 $68. 70 $85 . 50 Constant Part of Variable Rent $12 . 37 • Per Month Fixed Rent $ 68. 70 Per Month Constant Part of Variable Rent (18% of Fixed Rent) $ 12 . 3 / *Per Month Variable Part of Variable Rent $ 85 . 50 TOTAL INITIAL MONTHLY RENT $ 166 . 57 *Monthly Variable Part of Variable Rent is subject to change in conformity with tariffs duly filed with the Public Utilities Comm. of the State of Colorado (State Regulatory Agency) Initial service and other nonrecurring charges are in addition to the above. MOUNTAIN BELL Northern Colorado Oncolo Center Lessor Les ee / t By 42. ^ CQi C4. By Signature ignat e Mary Garcia , Account Representative L . Kent Reitz , President of Board Name & ' itle Name & Title Reviewed by B /77.7 ' /� y r1-�'nl.-� -'k"/ Signatur Jt K. Stei , Chairman d of County Commissioners • 9409-e 12-74 Tel. No. 356-8750 Case No. 5420-C Date 9/29/77 CERTIFICATE AND DISCLAIMER OF RECORD OWNER OF REAL ESTATE 1. The property leased to Lessee, Northern Colorado Oncology Center is owned by the Mountain States Telephone and Telegraph Company, hereinafter Mountain Bell,and is telecommunications equipment, described as Colo Key 718 , consisting of common controls, attendant equipment, optional feature equipment, consoles, circuitry, terminal equipment, speakers, and all wires, cables, frames,wall mounting devices, housing cabinets, cable racks, switching equipment, cross-connect fields, electrical connectors, power supplies and . other materials necessary for the proper functioning of the system, and any supplements, additions, substitutions, upgrades, and improvements which may be made from time to time to the above-described system hereinafter called the "Equipment". 2. The original location of the Equipment will be at the following premises,commonly known as 1716 15 Street Greeley (Street Address) Weld more particularly described as that lot or parcel of land in the County of State of Col orad9 as follows: (Legal Description) Hospital Addition , Block A & Block B , GR 3131 3. Landowner certifies it is the sole owner and record owner of the premises (unless other ownership interests are described below), and disclaims any interest in the Equipment. Landowner hereby waives all rights under local law to levy or distrain all or any part of the Equipment. Landowner agrees that the Equipment is solely personal property and not real estate or fixtures, or improvements to real estate. 4. Landowner understands that Mountain Bell is relying upon this Certificate and Disclaimer in leasing the Equipment and Additional Equipment to Lessee. 5. Landowner further certifies that its ownership of the land and improvements is not mortgaged or encumbered, save for the following mortgages or heeds of Trust: Date /�/� i Landowner Weld County • By iii(7-17/2 "---- b.:b. Kent Reitz Title President of Board BY e K. Ste i ark, Chairman and of County Cattnissioners 8411 10 STATEOF COLORADO Tel. No. 356-8750 12151 UNIFORM COMMERCIAL CODE—FINANCING STATEMENT Case No.54LU—C INSTRUCTIONS Date 9/29/77 1. Please TYPE this form. 2. Send to the filing officer. Enclose filing fee. No.of additional sheets presented 3. If the space provided for any item(s) on the form is inadequate the item(s) should be continued on additional sheets,preferably 5" x 8" long.Schedules of collateral, indentures,etc., may be on any size paper that is convenient. Indicate number of additional sheets presented. 4. If collateral is crops or goods which are or are to become fixtures,describe the real estate concerned;clerk or recorder will index in both the real estate and the personal property records. 5. If an acknowledgment of filing is desired,send a completed duplicate of this form to the filing officer. This FINANCING STATEMENT is presented for filing pursuant to the Uniform Commercial Code. 3. Maturity date (if any): 1. Debtor(s) (Last Name First) and addressles) 2. Secured Party and address For Filing Officer (Date,Time Number,and LESSEE(S): LESSOR: .Filing Office) The Mountain States Telephone and Northern Colorado Oncology Telegraph Company Center. 931 - 14th Street 1716 15 Street Denver, Colorado 80202 Greeley , Colorado 80631 4. This financing statement covers the following types(or items) of property: Telecommunication,Equipment described as: Com Key 718 , and associated equipment — Secured-party shall at all times remain Owner of the equipment herein described and the execution and filing of this Financing Statement is in no way intended to alter or affect the nature of the underlying transaction as a lease or the relationship of the parties to such transaction as lessor and lessee even though lessor is designated herein as secured party and lessee is designated herein as debtor. The property covered is and shall at all times remain personal property notwithstanding that the property covered or any item thereof may now be or shall hereafter become in any manner affixed or attached to real property or any building or improvement thereon. The fact that this Financing Statement designates that fixtures are covered is for the purpose of having this Financing Statement indexed in both the real estate and personal property records but is in no way an acknowledgement that the covered property is or may become a fixture or a part of any real property. The covered property is installed and located upon the real property described in the "Legal Description" and is commonly known by the street address, which is 1716 15 Street Greeley Weld Colorado 80631 (Legal Description:) • Hospital Addition , Block A & Block B , GR 3131 Fixtures are covered • MOUNTAIN BELL Northern olonado Oncology Center LESSC'R LESSEE(S) B / Y //( � LESSOR LESS EIS L . t Rei , Preside of Boar K. Steintratk, Chairman • STATE OF COLORADO 8411 10 Tel (1151 UNIFORM COMMERCIAL CODE—FINANCING STATEMENT . No. 356-8750 INSTRUCTIONS Case No. 5420—C • 1. Please TYPE this form. Date 9/29/77 2. Send to the filing officer. Enclose filing fee. No.of additional sheets presented - 3. If the space provided for any items) on the form is inadequate the item(s) should be continued on additional sheets,preferably 5" x a" long.Schedules of collateral, indentures,etc.,may be on any size paper that is convenient. Indicate number of additional sheets presented. 4. If collateral is crops or goods which are or are to become fixtures,describe the real estate concerned;clerk or recorder will index in both the real estate and the personal property records. — 5. If an acknowledgment of filing is desired,send a completed duplicate of this form to the filing officer, This FINANCING STATEMENT is presented for filing pursuant to the Uniform Commercial Code. 3. Maturity date (if any): 1. Debtor(s) (Last Name First) and address(es) 2. Secured Party and address For Filing Officer(Date,Time Number,and LESSEE(S): LESSOR: filing Office) The Mountain States Telephone and Northern Colorado Oncol o Telegraph Company 9Y 931 - 14th Street Center Denver, Colorado 80202 1716 15th Street Greeley , Colorado 80631 4. This financing statement covers the following types(or items) of property: Telecommunication Equipment described as: Cold Key 718 , and associated equipment Secured party shall at all times remain Owner of the equipment herein described and the execution and filing of this Financing Statement is in no way intended to alter or affect the nature of the underlying transaction as a lease or the relationship of the parties to such transaction as lessor and lessee even though lessor is designated herein as secured party and lessee is designated herein as debtor. The property covered is and shall at all times remain personal property notwithstanding that the property covered or any item thereof may now be or shall hereafter become in any manner affixed or attached to real property or any building or improvement thereon. The fact that this Financing Statement designates that fixtures are covered is for the purpose of having this Financing Statement indexed in both the real estate and personal property records but is in no way an acknowledgement that the covered property is or may become a fixture or a part of any real property. The covered property is installed and located upon the real property described in the "Legal Description"and is commonly known by the street address, which is 1716 15 Street Greeley Weld Colorado 80631 (Legal Description:) Hospital Addition , Block A and Block B GR 3131 Fixtures are covered MOUNTAIN BELL Northern Colorado Oncology Center LESSOR LSEES) �J �` By LESSOR 2 tE SEE(S) ent Reitz P.re ent of koard 37 e K, gteinmar .r Chairman 8410.2 (976) Tel. No.• 356-8750 Case No. ' 5420-C Date 9/29/77 SCHEDULE III - CASUALTY LOSS TABLE 8 YEAR LEASE 3-5-7 YEAR FIXED RENT PAYMENT PERIOD FIXED RENT PAYMENT PERIOD FIXED RENT PAYMENT PERIOD #OF M OF MONTHS 36 MOS. 60 MOS. 84 MOS. MONTHS 36 MOS. 60 MOS. 84 MOS. 1 41.3400 62.6204 79.9544 49 30.0000 45.4429 58.0221 2 41.2600 62.5295 79.8384 50 29.4000 44.5341 56.8616 3 41.2200 62.4386 79.7223 51 28.8000 43.6252 55.7012 4 41.1600 62.3477 79.6063 52 28.2000 42.7164 54.5407 5 41.1000 62.2568 79.4902 53 27.6000 41.8075 53.3803 6 41.0400 62.1659 79.3742 54 27.0000 40.8586 52.2199 7 40.9800 62.0751 79.2581 55 26.4000 39.9898 51.0594 8 40.9200 61.9642 79.1421 58 25.8000 39.0809 49.8990 9 40.8600 61.8933 79.0261 57 25.2000 38.1721 48.7385 10 40.8000 61.8024 78.9100 58 24.6000 37.2632 47.5781 11 40.7400 61.7115 78.7940 59 24.0000 36.3544 46.4177 12 40.6800 61.6206 78.6779 60 23.4000 35.4455 45.2572 13 41.5900 61.4843 78.5039 61 22.7700 34.4912 44.0387 14 40.5000 61.3480 78.3298 62 22.1400 33.5369 42.8203 15 40.4100 61.2116 78.1557 63 21.5100 32.5826 41.6018 16 40.3200 61.0753 77.9817 64 20.8800 31.6283 40.3834 17 40.2300 60.9390 77.8076 65 20.2500 30.6740 39.1649 18 40.1400 60.8027 77.6335 66 19.6200 29.7197 37.9464 19 40.0500 60.6663 77.4595 67 18.9900 28.7654 36.7280 20 39.9600 60.5:O0 77.2854 68 18.3600 27.8111 35.5095 21 39.8700 60.3937 77.1113 89 17.7300 26.8568 34.2910 22 39.7800 60.2573 76.9373 70 17.1000 25.9025 33.0726 23 39.6900 60.1210 76.7632 71 16.4700 24.9482 31.8541 24 39.6000 59.9847 76.5891 72 15.8400 23.9939 30.6357 25 39.3000 59.5303 76.0089 73 15.2700 23.1305 29.5332 26 39.0000 59.0758 75.4287 74 14.7000 22.2670 28.4308 27 38.7000 58.6214 74.8485 75 14.1300 21.4036 27.3284 28 38.4000 58.1670 74.2682 76 13.6500 20.5402 26.2260 29 38.1000 57.7125 73.6880 77 12.9900 19.6768 25.1236 30 37.8000 57.2581 73.1078 78 12.4200 18.8134 24.0211 31 37.500O 56.8037 72.5276 79 11.8500 17.9500 22.9187 32 37.2000 56.3492 71.9474 80 11.2800 17.0865 21.8163 33 39.9000 55.8948 71.3671 81 10.7100 16.2231 . 20.7139 34 36.6000 55.4404 70.7869 82 10.1400 15.3597 19.6115 35 36.3000 54.9860 70.2067 83 9.5700 14.4963 18.5090 36 36.0000 54.5315 69.6265 84 9.0000 13.6329 17.4066 37 35.5500 53.8499 68.7562 85 8.7000 13.1785 16.8264 38 35.1000 53.1682 67.8858 86 8.4000 12.7240 16.2462 39 34.6500 52.4866 67.0155 87 8.1000 12.2696 15.6660 40 34.2000 51.8050 66.1452 88 7.8000 11.8152 15.0857 • 41 33.7500 51.1233 65.2748 89 7.5000 11.3607 14.5055 42 33.3000 50.4417 64.4045 90 7.2000 10.9063 13.9253 43 32.8500 49.7600 63.5342 91 6.9000 10.4519 13.3451 44 32.4000 49.0784 62.6638 92 6.6000 9.9974 12.7649 45 31.9500 48.3967 61.7935 93 6.3000 9.5430 12.1846 46 31.5000 47.7151 60.9232 94 6.0000 9.0886 11.6044 47 31.0500 47.0334 60.0528 95 5.7000 8.6342 11.0242 48 30.6000 46.3518 59.1825 98 or • More 5.4000 ' 8.1797 10.4440 8410-3 (9-76) Tel . No . 356-8750 Case No . 5420-C Date 9/29/77 SCHEDULE IV - ADDITIONAL EQUIPMENT OPTIONS FOR KEY TELEPHONE EQUIPMENT A. During any Fixed Rent Payment Period, Lessee shall have the following options: (1) Compressed Fixed Rent Payment Period. Lessee may pay increased Fixed Rent applicable to the Additional Equipment for the remainder of the then Fixed Rent Payment Period as follows: (a) The Fixed Rent will be determined by (i) multiplying the sum of 118% of the monthly Fixed Rent for the Additional Equipment by.the present worth factor of an annuity - for a time period equal to the Fixed Rent Payment Period for the Additional Equipment and at the percentage rate specified in the section pertaining to the type of Equipment Leased hereunder in the General Exchange Tariff in effect at the Service Date for the Additional Equipment, and (ii) dividing the product by the present worth factor of an annuity - for a time period equal to that remaining in the Fixed Rent Payment Period under this Lease and at said percentage rate, and (iii) subtracting from the quotient 18% of what the monthly Fixed Rent for the Additional Equipment would be if this option did not apply. The resulting monthly Fixed Rent will apply for the remainder of said Fixed Rent Payment Period. Lessee must select the same Fixed Rent Payment Period as was initially selected hereunder. (b) The monthly Variable Rent shall be paid for said Additional Equipment from the Service Date of said Additional Equipment until the end of the Term of this Lease. The monthly Constant Part of the Variable Rent for said Additional Equipment will be as set out in said Tariff. The Variable Part of the Variable Rent will be as set out in said Tariff and is subject to change in conformity with.said Tariff and amendments thereto duly filed. (c) The Fixed Rent and Constant Part of the Variable Rent, for all Equipment hereunder leased prior to the Additional Equipment, shall remain unchanged, and along with the Variable Part of the Variable Rent, shall be paid in addition to the rents for the Additional Equipment. (d) This option shall not be available during,the last one-third of the Fixed Rent Payment Period in effect at the time of the proposed addition. B. New Fixed Rent Payment Period. During the Term of this Lease, at any time or from time to time, Lessee may add Additional Equipment in the following mariner: Lessee may select for the Additional Equipment any Fixed Rent Payment Period which is available under the tariff offering at the Service Date for such Additional Equipment; however, the Fixed Rent Payment Period selected shall not extend beyond the Term of this Lease. This Lease shall end for such Additional Equipment at the end of the Term of this Lease for the previously leased Equipment as the same may be renewed. The Fixed and Variable Rent payable for the Additional Equipment then added shall be at rates then applicable and the previous Fixed and Variable Rents applicable to the balance of the Equipment shall not be affected, but shall continue for the Term of this Lease. C. No Fixed Rent Payment Period. During the Term of this Lease, at any time or from time to time, Lessee may add Additional Equipment in the following manner: There will be no Fixed Rent Payment Period for the additional Equipment; and for the previously leased Equipment. there will be no change in the then Fixed or Variable Rents or Periods caused by the Additional Equipment added hereunder. The rent for such Additional Equipment shall be known as the "Conventional Rent" and shall be the rents and charges set out in Section 36. Parts 5 and 6 of the General Exchange Tariff pertaining to such Additional Equipment and is subject to change at any time and from time to time in conformity with tariffs duly filed with the State Regulatory Agency. Said Conventional Rent shall be paid in lieu of any Fixed or Variable Rent for the Additional Equipment added by this option. This Lease shall end for such Additional Equipment at the end of the Term of this Lease as the same may be renewed or extended. The Conventional.Rent under a renewed Term for such Additional Equipment shall be the rents and charges set out in said Tariff. Except for that portion which determines the rent, the paragraph in this Lease concerning "Renewals of Term" shall apply to said Additional Equipment. The Casualty Loss Value of such Additional Equipment shall be determined as follows instead of the manner set out elsewhere in this Lease. since Conven- tional Rent is in lieu, of all Fixed and Variable Rents. The total for like equipment (shown under the longest Fixed Rent Payment Period in the Tariff effective on the Service Date for such Additional Equipment) of the monthly Fixed Rent for the affected Equipment, shall be computed. Such sum is then multiplied by the factor reflected in the Casualty Loss Table in effect at the Service Date for the Additional Equipment added under this option, for the same length of Fixed Rent Payment Period as above. Said factor is opposite the month in which the casualty nrnvirieri herein_ after this option's Service Date. HY • �N • Case No . 5420-C Greeley , Colorado September 29 , 1977 Northern Colorado Oncology Center 16 Street & 17 Avenue Greeley , Colorado Dear Sirs : The tariffs under which this Tela Lease Agreement is be- ing offered became effective on March 9, 1977 , under operation of Colorado law. The Public Utilities Commis - sion has conducted hearings on these tariffs for the past several months , but has not yet entered its final decision in this matter . This decision is expected at some future date . The Commission has ruled that in the meantime , written notice in the form of the attached interim Order he pro- vided to all customers prior to finalizing a Tela Lease Agreement . I urge you to carefully read the attached document . At the hearing on the Interim Order , a competitor of Mountain Bell took the position that the Commission could at some time in the future cancel a Tela Lease . It is and will continue to be our position that a. lease enter- ed into between Mountain Bell and its customer under an • effective tariff cannot be subsequently canceled by the Colorado Public Utilities Commission. The Commission has not yet ruled otherwise in this proceeding . I appreciate your consideration in this matter , and if I can be of further help, please let me know. • Sincerely, Account Representative Attachments (Decision No. 90308) • BEFORE THE PUBLIC U [LITIES COMMISSION OF THE STATE OF COLORADO • * * * • A RE: INVESTIGATION AND SUSPENSION ) •• OF PROPOSED CHANGES IN TARIFF -- ) INVESTIGATION AND SUSPENSION COLORADO. PUC NO. 5 - TELEPHONE, ) DOCKET NO. 1067 THE MOUNTAIN STATES TELEPHONE AND ) TELEGRAPH COMPANY UNDER ADVICE ) LETTER NO. 1223. RE: INVESTIGATION OF TARIFFS ) a FILED BY MOUNTAIN STATES TELEPHONE) CASE NO. 5703 AND TELEGRAPH COMPANY PURSUANT TO ) DECISION NO. 89266 PERTAINING TO ) MONTH-TO-MONTH OFFERINGS OF DIMEN-) • SION 400 PBX, COM KEY 1434 AND ) INTERIM DECISION OF THE COMMISSION COMMUNICATOR 410 KEY TELEPHONE ) SYSTEMS. • March 9, 1977 STATEMENT AND FINDINGS OF FACT • • BY THE COMMISSION: On March 8, 1977, the law firm of Rothgerber, Appel & Powers, legal counsel for Intervenor United Business Systems, Inc. , (hereinafter referred to.as "UBS") , in the above-captioned proceedings hand-delivered . • a letter, dated March 7, 1977, addressed to Mr. Harry A. Gallivan, Jr. , Executive Secretary of the Commission. Said letter requested that the Commission issue an interim decision in the within proceedings requiring • The Mountain States Telephone and Telegraph Company (hereinafter referred to as "Mountain Bell") to notify, in writing, all persons executing a • Tela Lease (in connection with Mountain Bell 's new business telephone services) that the Commission has under consideration the justness and reasonableness of the use of the Tele Lease and also the justness and __ reasonableness of the rates to be charged for use of terminal telephone • equipment supplied by Mountain Bell . The above letter was promoted .by the fact that the Commission has not entered a decision on the justness and reasonableness of the tariffs that are the subject matter of the proceedings herein. The 210-day sus- pension period with respect to the tariffs filed with Advice Letter No. 1223 expired at 12:00 p.m. midnight, on March 8, 1977. Accordingly, said tariffs have become effective by operation of law. The letter from Roingerber, Appel and Powers also requested that the subject matter of its March 7, 1977, letter be placed on the Commission's agenda for Tuesday, March 8, 1977, as an emergency matter, or as an addendum to a pending motion by Mountain Bell . By letter, dated March 8, 1977, addressed to and received by Mr. Harry A. Galligan, Jr. , on said date, Mr. Coleman M. Connolly, attorney for Mountain Bll , stated that Mountain Bell objected to the relief sought by the letter from counsel for U3S and the manner in which said re- quest had been presented to the Commission. convened a spaciall_ illed emergency o :en meeting for ' purpose of considering the request of counsel for Intervenor UBS . AC said emergency open meeting, the Commission voted to treat Intervenor UBS's request as a motion, and after stipula!_: on by counsel for ilountain Bell and Intervenor UBS to .naive recording o ' oral argument on U3S's motion, the Commission adjourned toe _mergency noon meeting and immediately convened the within proceeair,:c to hear oral argument. After hearing oral argument, the Commission voted to modify the relief requested in the notion filed by Intervenor U3S on March 7, 1977, and as modi.fied, granted the motion. ' An appropriate order will be entered. ORDER • • THE COMMISSION ORDERS THAT: 1 . The motion of Intervenor United Business Systems, Inc. , filed by letter from its counsel , Rothcerber, Appel & Powers, dated March 7, 1977, be and hereby is,granted as modified in paragraph 2 of • this Order, • 2. The Mountain States Telephone and Telegraph Company shall • give written notice to all persons , firms or corporations with whom it executes a Tela Lease .pursuant to tariffs filed with Advice Letter No. - 1223- stating that: The Colorado PUC currently has under consideration • in Investigation & Suspension Docket No. 1067 and • Case No. 5703, the rates, charges and practices of • Mountain Bell , including the use of a Tele Lease in connection with the provision of certain busi- ness telephone service in Colorado. You are hereby notified that these rates , charges and _ practices, including the use of the Tela Lease or • similar contractual arrancemest by Mountain Bell , • - are subject to modification and may be subject to cancellation by the. Colorado PUC. YOU will be • notified of the Commission's final decision in • these matters as soon as it is announced. • 3. The written notice required to be given by paragraph - 2 of this Order, shall be accomplished by The Mountain States Telephone and Telegraph Company tendering a copy of this decision to any person, firm or corporation executing a Tele Lease with The Mountain States Telephone and Telegraph Company at a time prior to execution of said Tela Lease. This Order shall be effective forthwith. DONE IN DENVER, COLORADO, this 9th-day of March, 1977. , THE PUBLIC UTILITS_S COMM iSSION • OF THE STATE OF COLORADO • . EDWIN R. LUNDBORG • EDYTHE S. MILLER Commissioners COMMISSIONER SANDERS G. APNOLD NOT PARTICIPATING. • -2 nxa S Ni Ctq E' ' G. , I 0 NOT • I KEPT) )[:(i. - • Ida not participate. (S E A L) THE PI,SLIC UTILITIES COMMISSION OF THE STATE OF COLORADO �,sXS S 10.7 �. SANDERS G. ARt10L0 •,`v,`�G�- j•�s`1 �a Corrmi s s i uner 3 '37.• l .oav:�i.. e-�i 1 �f' v ATTEST: A TRU= COPY - a . ;' 14. - . . Harr��A. Gailticz ., Jr.r. Executive Secretary . F.—. _ s . -3- from tLe office of Greeley, Colorado THE BOARD OF COUNTY COMMISSIONERS Noyembex 2 , 1977 WELD COUNTY, COLORADO Wendell Fuller Weld County General Hospital Dear Mr. Fuller, Enclosed are two copies of the resolution passed by the Beard, authorizing the Tela Lease with Mountain Bell and the original leases. After the leases are executed by Mr. Reitz would you please send a copy of the resolution with the lease to Mountain Bell and return a copy of the lease to the Office of the Clerk to the Board? Thank you for your cooperation. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO j MARY ANN FEUERSTEIN COUNTY CLERK &RECORDER AND CLERK TO THE BOARD By: t v i2 De uty Cou ty Clerk Hello