HomeMy WebLinkAbout20161387.tiff RESOLUTION
RE : APPROVE SITE LEASE FOR KEENESBURG TOWER AND AUTHORIZE CHAIR TO
SIGN - WELD COUNTY SCHOOL DISTRICT RE-3J
WHEREAS, the Board of County Commissioners of Weld County, Colorado . pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado. and
WHEREAS , the Board has been presented with a Site Lease for the Keenesburg Tower
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 Weld County School District RE-3J , commencing upon full execution of signatures and
ending April 25 . 2021 , with the option for renewal and further terms and conditions being as stated
in said lease , and
WHEREAS , after review, the Board deems it advisable to approve said lease . a copy of
which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County , Colorado , that the 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 Weld County School District RE-3J be and hereby is,
approved .
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is . authorized
to sign said lease .
The above and foregoing Resolution was , on motion duly made and seconded , adopted
by the following vote on the 25th day of April . A. D . . 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. COLORADO
ATTEST: ddeAdA) G: M -clrts
Mike Freeman . Chair
Weld County Clerk to the BoardBY: LLCH
Sean P . Conway. Pro-Tem C
Dep ty Clerk to the Board h�� L c
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APP E RM:
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ounty Attorney r . tz? ►i��
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Date of signature: <.i/ L a 1
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2016- 1387
CM0024
Stephanie Frederick
From: Esther Gesick
Sent: Tuesday, April 19, 2016 10:34 AM
To: Stephanie Frederick
Subject: FW: Lease Agreement/Purchase Agreement for Keensburg Tower
Attachments: Keensburg RE3J Lease Agreement 2016.pdf; Keensburg Tower Purchase Agreement
2016.pdf; Nice Annual Maintenance Agreement 4-19-2016.pdf; Nice Annual Maintenance
Agreement 4-19-2016 - last page.pdf
From: Mike Wallace
Sent:Tuesday,April 19, 2016 9:19 AM
To: Esther Gesick<egesick@co.weld.co.us>
Subject: Lease Agreement/Purchase Agreement for Keensburg Tower
Esther,
The attached three documents were approved the Board of County Commissioners in a work session 04-18-16.
Weld County School District RE3J land lease for ground that the Keensburg tower sits on.
2. Bill of Sale from Sun Microwave Inc. for the purchase of the 199'tower located on the RE3J's property
3. NICE Recording Annual Maintenance Contract for support and maintenance for all audio recording in the 9-
1-1 centers
These agreements were reviewed and approved by Frank Haug—Assistant County Attorney.
Let me know if you need anything else,
Thanks
Michael R Wallace, ENP,CMCP
Weld County Director of Public Safety Communications
1551 N 17th Ave Suite2
Greeley, CO 80631
Office:970-304-6455
Email: mrwallace@weldgov.com
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Comm uMcations
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2016-1387
1
SITE LEASE
WELD COUNTY SCHOOL DISTRICT RE-3J
AND WELD COUNTY
THIS SITE ]..,EASE ( "Lease") is effective on the c)?6 day of
between Weld County School District RE-3J ("Landlord") and the Cou ty of Weld, a body
corporate and politic of the State of Colorado, by and through its Board of County
Commissioners("Tenant").
Weld County School District RE-3J Weld County
1150 O Street
Greeley,CO 80631
970-336-7204
970-336-7233
1. OPTION TO LEASE:
A. LICENSES,PERMITS, AND VARIOUS REQUIRED AUTHORIZATIONS:
During the term of the Lease, Landlord agrees to cooperate with Tenant in obtaining at
Tenant's expense, all licenses, permits or authorizations required for Tenant's use of the
Premises from all applicable government and/or regulatory entities ("The Governmental
Approvals") including appointing Tenant as agent for all conditional-use permit applications and
variance applications, title report, zoning approvals and variances, conditional-use-permits. If
the necessary licenses, permits, and authorizations cannot be obtained, this Lease shall be null
and void, and neither Landlord nor Tenant shall be required to comply with its provisions.
2. TERM OF LEASE:
The initial term of this Lease shall be five years commencing on the date of installation
(the "Commencement Date") and terminating at midnight on the last day of the month in which
the fifth annual anniversary of the Commencement Date shall have occurred. Any amendments
or modifications to this agreement shall be in writing signed by both parties. The lease may be
renewed for four successive five year terms on written agreement of both parties.
3. PERMITTED USE:
The Premises may be used by Tenant for the transmission and reception of radio
communication signals and for the installation, maintenance, repair or replacement of related
facilities, antennas, and/or equipment related to the transmission and reception of radio
communication signals. Tenant may immediately terminate lease if Tenant notifies Landlord of
inability to obtain necessary governmental approvals for installation of the antenna facilities at
the site.
Page 1 of 7
X0/6-/gf7
4. RENT:
A. RENT AMOUNT:
Tenant shall pay Landlord as Rent, Fifty dollars ($50.00) per month ("Rent"). Rent shall
be payable in advance beginning on the Commencement Date for the remainder of the month in
which the Commencement Date falls (rent shall be prorated for the portion remaining of this
month), and for the following month. Thereafter rent will be payable monthly in advance on
fifth day of each month for the following month to Landlord at Landlord's address specified on
page 1 of this document.
For the purpose of this Lease, all references to "month" shall be deemed to refer to a
calendar month.
B. RENT UPON TERMINATION OF LEASE:
If this Lease is terminated at a time other than on the last day of a month, Rent shall be
prorated as of the date of termination for any reason other than default by Tenant, and all prepaid
Rent shalt be refunded to Tenant.
S. ANNUAL APPROPRIATION:
To the extent that the Tenant is a governmental entity and therefore subject to the
provisions of the Article X, Section 20 of the Colorado Constitution ("TABOR"), the Tenant's
obligations under this Site Lease shall be expressly subject to annual appropriation of funds in an
amount sufficient to allow the Tenant to perform its obligations under this Site Lease. If
adequate funds are not appropriated, either party may terminate this Site Lease without penalty
and Tenant shall remain responsible for all financial obligations for the remainder of the fiscal
year in which such funds were appropriated. The Tenant's obligations under this Site Lease do
not constitute general obligation indebtedness or a multi-year direct or indirect financial
obligation within the meaning of TABOR, the Colorado Constitution, or the laws of the State of
Colorado.
6. RENEWAL:
Tenant shall have the right to extend this Lease for four additional five-year terms
("Renewal Term"), subject to paragraph 9.E. below. Each Renewal Term shall be on the same
terms and conditions as set forth herein, except that the rent may be increased upon written
agreement of parties.
7. INTERFERENCE:
Page 2 of 7
Tenant shall not use the Premises in any way which interferes with the use of the
Property by Landlord, or lessees or licensees of Landlord. 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.
8. IMPROVEMENTS: UTILITIES; ACCESS:
A. Tenant shall have the right, at its expense, to erect and maintain on the Premises
certain improvements, including radio transmitting and receiving equipment, antennas, related
cables, telephone lines, and utility line. All necessary permitting and approval shall be Tenant
responsibility. However, if the necessary licenses, permits, and authorizations cannot be
obtained, this contract shall be null and void, and neither Landlord nor Tenant shall be required
to comply with its provisions. Tenant shall pay for electricity and associated costs of building
and/or equipment maintenance. Tenant shall pay for telephone lines which shall be used by
Tenant. All equipment installed by Tenant shall remain the property of Tenant, and may be
removed by Tenant at any time.
B. Tenant shall have 24-hour-per-day, 7-day-per-week access to Premises at all
times during the term of this Lease and any Renewal Term. Tenant shall be responsible for
ensuring that Landlord has, at all times, a complete and accurate written list of all employees or
agents of Tenant who have been provided a key.
C. Tenant shall identify its Building and equipment with labels permanently affixed
thereto and stating Tenant's name, contact phone number and installation date. Tenant cables
should be labeled within the ground building.
9. TERMINATION:
Except as otherwise provided herein, specifically Paragraph 5, this Lease may be
terminated,without any penalty or further liability as follows:
A. Upon thirty (30) days written notice by Landlord for failure to cure a material
default for payment of amounts due under this Lease within that thirty (30) day period.
B. Upon thirty (30) days written notice by either party if the other party defaults and
fails to cure or commence curing such default within that 30-day period.
C. Upon ninety (90) days written notice by Tenant that facilities are no longer
needed by Tenant.
D. Immediately upon written notice if the Premises are destroyed, are damaged to the
Page 3 of 7
extent that, in the Tenant's reasonable judgment, the facilities are no longer suitable for the
Tenant's purposes and/or needs.
E. Upon 180 days written notice by Landlord prior to the termination date of the
lease or any renewal term thereof, that continuation of the lease is not in the best interests of the
District.
F. Upon written notice by Landlord of its determination Tenant is unable to resolve
technical interference pursuant to provisions in Paragraphs 6 and 17.
10. HOLD HARMLESS:
To the extent permitted by law, Tenant agrees to hold Landlord harmless from claims
arising from the installation, use, maintenance, repair or removal of the Antenna Facilities,
except for claims arising from the negligence or intentional acts of Landlord, its employees,
agents,or independent contractors.
Nothing herein shall be construed as a waiver by, and the Landlord's obligation here
under shall be subject to, the privileges, defenses and immunities of the Colorado Governmental
Immunity Act,as may be amended from time to time.
11. INDEMNIFICATION:
To the extent permitted by law, each party ("Indemnitor") shall indemnify and hold the
other ("Indemnitee"), its agents and employees, harmless from and against any cost or expense
directly arising from the neglect of Indemnitor, including reasonable attorney's fees. Each party
shall indemnify the other against the claims of any broker retained by it. In no event shall either
party be liable for incidental, consequential or punitive damages. Nothing herein shall be
construed as a waiver by, and the Licensor's obligation here under shall be subject to, the
privileges, defenses and immunities of the Colorado Governmental Immunity Act, as may be
amended from time to time.
12. INSURANCE:
Tenant shall obtain and maintain commercially reasonable insurance to cover its
equipment and operations at the site and shall be written on a comprehensive basis, with limits
not less than $2,000,000.00. Tenant shall provide to Landlord a certificate of such insurance
promptly upon request, which certificate shall show that Landlord is named as an additional
insured, and that such insurance shall not be modified or cancelled without thirty (30) days'
advance notice to Landlord.
13. NOTICES:
All notices, requests, demands and other communications shall be in writing and shall be
Page 4 of 7
deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent
by overnight carrier to the following addresses:
If to Landlord to: Dr. Greg Rabenhorst(or then-current superintendent)
Weld County School District Re-3J
99 W Broadway
PO Box 269
Keenesburg, CO 80643
Phone: 303-536-2000
Fax: 303-536-2010
If to Tenant to:
Weld County
1150 O Street Greeley, CO 80631
Phone: 970-336-7204
Fax: 970-336-7233
14. QUIET ENJOYMENT,TITLE AND AUTHORITY:
Landlord covenants and warrants to Tenant that (i) Landlord has full right, power and
authority to execute this Lease: (ii) it has good and unencumbered title to the Property free and
clear of any liens or mortgages, except those disclosed to Tenant which will not interfere with
Tenant's rights to or use the Premises: and (iii) execution and performance of this Lease will not
violate any laws, ordinances, covenants, or the provisions of any mortgage, lease, or other
agreement binding on Landlord.
Landlord covenants that at all times during the term of this Lease, Tenant's quiet
enjoyment of the Premises or any part thereof shall not be disturbed as long as Tenant is not in
default beyond any applicable grace or cure period.
15. ASSIGNMENT AND SUBLEASING:
Tenant shall not assign this Lease nor shall Tenant sublease any part of the property at
any time for any purpose without written permission of Landlord. If tenant leases any space on
the tower, it shall provide written notice to Landlord, and be bound by the conditions in
paragraph 19.
16. SUCCESSORS AND ASSIGNS:
This Lease shall run with the Property, and shall be binding upon and inure to the
Page 5 of 7
benefits of the parties, their respective successors, personal representatives and assigns.
17. TECHNICAL PROBLEMS AND INTERFERENCE ISSUES:
In the event that the transmitter or transmitters cause any harmful interference or
problems to the equipment owned by Weld County School District RE-3J, or other site users, the
Tenant shall immediately (within 24 hours) dispatch technicians to address and repair the
problem. If the technicians are unable to correct the problem immediately, they shall disconnect
the transmitter until such time as the problem is resolved.
Tenant shall provide Landlord with 24 hours emergency numbers for those who have the
responsible charge for maintenance of the equipment on the site, and shall guarantee immediate
response(within four hours) if this is deemed by Landlord to be an emergency.
18. ACCESS OF TENANT'S LESSEES:
Should Tenant lease any space on the tower to other entities for purpose of installing
telecommunications equipment, such lease shall be contingent on access being granted by
Landlord, including reasonable access and/or annual fees.
19. TOBACCO AND MARIJUANA PROHIBITED:
In accordance with CRS 22-32-109(1)(bb), CRS 25-14-103.5, and Landlord's policies,
Tenant shall ensure that no employee, contractor, agent, sublessee, or tower space lessee of
Tenant uses any tobacco products, as defined in CRS 18-13-121(5), or any retail marijuana or
retail marijuana products authorized pursuant to article 43.4 of title 12, C.R.S., or any alchohol
or controlled substances, while on Landlord's property,
20. MISCELLANEOUS:
A. This Lease constitutes the entire agreement and understanding of the parties, and
supersedes all offers, negotiations, and other agreements. There are no representations or
understanding of any kind not set forth herein. Any amendments to this Lease must be in writing
and executed by both parties.
B. This Lease shall be construed in accordance with the laws of the state in which
the Property is located. If any term of this Lease is found to be void or invalid, such invalidity
shall not affect the remaining terms of this Lease, which shall continue in full force and effect.
C. The persons who have executed this Lease represent and warrant that they are
duly authorized to execute this Lease in their individual or representative capacity as indicated.
D. This Lease may be executed in two counterpart copies, each of which shall be
deemed an original, but all of which together shall constitute a single instrument.
Page 6 of 7
THE EXECUTION DATE OF THIS LEASE IS THE / DAY OF arCyt 2016.
LANDLORD: WELD COUNTY SCHOOL DISTRICT,RE-3J.
BY:
TITLE: ()*,,,c),, 6., ,_A 0 S Le s'
TENANT:
BY: 13
Mike Freeman APR 2 5 ZQ16
Chair, Board of Weld
TITLE: County._Commi ssioners
Page 7 of 7
/6— i361)7
RE: AGREEMENT FOR SITE LEASE -WELD COUNTY SCHOOL DISTRICT RE-3J
ATTEST: dieter%) , XL; BOARD OF COUNTY COMMISSIONERS
Weld : nt Clerk to the Beard WELD COUNTY, COLORADO
BY:
-puty CI k to the Bo � P Mike Freeman, Chair
/I. APR 2 5 2016
APPROVED AS TO FUN " ':kr2� PPROVED AS TO SUBSTANCE:
-040.444 ttlefttaL__,
7 i ��Elected Official or Department� ���Ii � . ., A partment Head
APPROVED AS 0 FORM:
Director of General Services
County Attorney
0W/ - / f77
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