HomeMy WebLinkAbout20140592.tiff RESOLUTION
RE: APPROVE COMMUNICATIONS TOWER AND TOWER SITE LEASE AGREEMENT AND
AUTHORIZE CHAIR TO SIGN -WELD COUNTY SCHOOL DISTRICT RE-10J
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with a Communications Tower and Tower Site
Lease Agreement between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Weld County Regional Communications
Center, and Weld County School District RE-10J, commencing upon installation of the lessee's
communication equipment on the tower and with a one (1) year term, with further terms and
conditions being as stated in said lease agreement, and
WHEREAS, after review, the Board deems it advisable to approve said lease agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Communications Tower and Tower Site Lease Agreement between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Weld County Regional Communications Center, and Weld County School
District RE-10J, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said lease agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 3rd day of March, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Ca( C� , , / I ( �t �
[�// G aC Lty ede Dougla Rademacher, Chair
Weld County Clerk to the Board
EXCUSED
Il n Z / �;arbara Kirkmeyer, Pro-Tem
BY: Al � _ Ll��4 .J� ( r�r.
Dep y Clerk to the Boar.A �'' ��' CUSED
I( — an P. Conway
APP AS ORM:
ike Freeman
ou y Attorney C'G
William F. Garcia
Date of signature: 3'/0•/•f
CC CA, APPI•, C'u
2014-0592
CM0023
COMMUNICATIONS TOWER AND TOWER SITE LEASE AGREEMENT
THIS COMMUNICATIONS TOWER AND TOWER SITE LEASE AGREEMENT
("Lease")is entered into by and between WELD COUNTY SCHOOL DISTRICT RE-10J,
whose address is 415 Leslie Street, Briggsdale,CO 80611, hereinafter referred to as"Lessor,"
and THE BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF WELD, STATE
OF COLORADO,whose address is P.O. Box 758, 1150 O Street, Greeley, CO 80632,
hereinafter referred to as"Lessee."
BACKGROUND INFORMATION
A. Lessor is the owner of a certain communications tower and building (the"Tower")
located on certain real property located at 415 Leslie Street, Briggsdale, Colorado 80611
also owned by Lessor("Property").
B. Lessee desires to lease space on the Tower from Lessor,and Lessor desires to lease space
on the Tower to Lessee, on certain terms and conditions.
C. The parties desire to reduce the terms of their agreement to writing.
NOW THEREFORE, in consideration of the covenants herein contained, Lessor and
Lessee agree as follows:
AGREEMENT
1. RECITALS: The above recitals are incorporated into this Lease by reference,as though
fully set forth herein.
2. LEASE OF RADIO TOWER FACULTY AND TOWER SITE: Lessor hereby leases to
Lessee,and Lessee hereby leases from Lessor,non-exclusive space on the Tower
pursuant to the terms and conditions set forth herein. During the term of this Lease,
Lessor hereby grants permission to Lessee to install,maintain, and operate on the Tower,
the equipment described in the attached Exhibit A, which is incorporated herein by this
reference("Communications Equipment").
3. TERM OF LEASE:
a. This Lease shall be effective for one(1)year, commencing December 1,2013 or
upon installation of Lessee's Communications Equipment on the Tower,whichever
occurs later("the Commencement Date"),and renewing automatically for a one(1)
year term, unless sooner terminated by either party pursuant to this Lease.
b. Either party may terminate this Lease by giving the other party at least sixty(60)days
prior written notice of its intention to terminate this Lease.
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2014-0592
c. Upon termination of this Lease as provided in this Section and Section 15, Lessee
shall remove its Communications Equipment and material installed on the Tower or
on the Property at the Tower site within thirty(30) days after termination of this
Lease, and shall leave the Tower and the Property in substantially the same condition
as existed prior to the date when Lessee installed its Communications Equipment.
Lessee shall continue to pay Rent as set forth in this Lease until all of its
Communications Equipment has been removed from the Tower.
4. RENTAL: During the term of this Lease,on the Commencement Date and thereafter on
each anniversary of the Commencement Date, Lessee shall pay to Lessor as"Rent,"the
lump sum amount of One and 00/100 Dollars($1.00).
5. ACCESS: Lessor shall provide Lessee with access to the Tower and that portion of
Lessor's Property as is reasonably necessary to access the Tower and to make any
necessary repairs or maintenance to the Communications Equipment. Lessee shall secure
all access gates and building locks when entering or leaving the Tower or the portion of
the Property that is adjacent thereto. Lessee agrees to permit only authorized employees
of Lessee or persons under Lessee's direct supervision to enter Tower site.
6. UTILITIES: Lessor represents that utilities adequate for Lessee's use of the Tower are
available. Lessee shall pay for all utilities used by it at the Tower,and Lessee shall sign
any instrument reasonably requested by the utility company concerning Lessee's utilities.
Lessor shall assist Lessee in Lessee's efforts to obtain utilities from any location provided
by Lessor or the servicing utility. Lessee shall pay Lessor Ten and 00/100 Dollars
($10.00)per month("Utility Fee") beginning on the Commencement Date of this Lease
and continuing through the end of the Term. Lessor shall monitor the annual usage on
Lessee's provided electric sub-meter and if Lessor determines that Lessee's utility usage
exceeds the usage that is provided for in the Utility Fee,Lessor may bill Lessee for the
amount Lessee exceeded utility usage for that year, by presenting an invoice to Lessee for
such payment within sixty (60)days after the conclusion of the applicable contract term.
Lessor may adjust the Utility Fee to adequately compensate Lessor for Lessee's utility
usage. If adjustment is determined to be necessary, Lessor shall adjust the Utility Fee
and shall notify Lessee in writing of such increase. Any such change in the Utility Fee
resulting from an increase in Lessee's utility usage will take effect with the next payment
of the Utility Fee coming due after Lessee's receipt of such notice.
7. INSTALLATION: As of the Commencement Date, Lessee's Communications
Equipment and devices are already installed on the Tower. The following terms shall
apply to Lessee's installation of any further equipment and devices on the Tower, which
upon installation shall thereafter be referred to as"Communications Equipment"for
purposes of this Lease:
a. Prior to installation of any equipment or devices, Lessee shall provide Lessor with
industry standard site drawings detailing where Lessee proposes to locate its
equipment,or antenna(s), and building. Lessor shall review Lessee's proposal and
within a reasonable time shall either approve the proposal as is or specify changes.
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Lessee shall not be required to pay any Rent until such time that Lessor approves
Lessee's proposal.
b. Lessee's equipment shall be installed at Lessee's sole expense in a workmanlike
manner and so as not to interfere with or cause problems to any of the equipment or
devices of Lessor or any equipment or devices of any other lessee who also has
equipment located on the Tower.
c. 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.
d. All equipment installed by Lessee on the 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.
e. Lessee may place a portable building for equipment storage on Lessor's Property,
within the boundaries of Lessor's Tower site. If Lessee elects to place such a portable
building for equipment within the boundaries of the Tower site, Lessee shall arrange
for and pay all costs of opening and extending the enclosure to accommodate the
portable building. All materials and construction used to extend or repair any
currently existing security fence shall be of like design and quality to the existing
fence. Said portable equipment building shall at all times be the responsibility of
Lessee, and Lessee assumes all liability for any and all maintenance,damages as a
result of the building placement,and the like.
8. INTERFERENCE OR DAMAGE TO LESSOR'S SYSTEM: Lessee shall be liable for
any damages or problems incurred or sustained by Lessor to its Tower,facilities or
Property due to the acts or omissions of Lessee,Lessee's employees,agents,contractors,
or representatives,as such acts relate to the installation, operation, maintenance,repair, or
replacement of Lessee's equipment at the Tower. Lessee shall not interfere with Lessor's
use of the Property during construction or maintenance. If any damage is caused to the
Property or the Tower,then Lessee shall promptly repair same at Lessee's expense.
Lessee shall not allow any lien to be filed against the Property with regard to any
construction or maintenance performed. Lessee shall maintain all improvements and new
construction in good condition and repair.
9. TOWER AND EQUIPMENT MAINTENANCE:
a. Lessor shall be solely responsible for the performance of any routine, extraordinary,
or emergency repairs of or maintenance to 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
the Tower.
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b. Lessor shall be responsible for compliance with all regulations requiring painting and
lighting of the Tower, including operation, maintenance and inspection of the Tower,
lighting, and alarm systems.
c. Lessee shall be solely responsible for the performance of any routine, extraordinary,
or emergency repairs or maintenance on Lessee's Communications Equipment
located at the Tower site. Lessee shall maintain its Communications Equipment in
accordance with reasonable engineering standards to assure that at all times Lessee
and its operation are in conformance with the applicable requirements of the Federal
Communications Commission and all other public authorities who have jurisdiction
over Lessee or Lessee's Communications Equipment.
d. Lessor shall have the right to make any reasonable changes, alterations or
improvements to the Tower, or any part thereof, so long as such reasonable change,
alterations or improvements do not interfere with Lessee's reasonable use of the
Tower. If any change, alteration or improvement contemplated by Lessor may result
in a temporary disruption of service to Lessee, Lessor shall notify Lessee at least
thirty(30)days prior to the anticipated disruption date.
e. 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 the use of the Tower or Tower site or
both by Lessor. Lessor shall use its best efforts to resolve interference conflicts as
soon as feasible to the end of restoring full service.
10.NONEXCLUSIVE LEASE: Lessor shall have the right to lease other portions of the
Tower to third parties. Lessor shall not permit any subsequent lessee to interfere with the
performance of Lessee's Communication Equipment,or to encroach upon the space
located at the Tower site and specifically occupied by Lessee hereunder.
11. ASSIGNMENT: Lessee may assign its rights and responsibilities under this Lease to any
entity controlling,controlled by,or under the common control of Lessee,or to any party
that has subsequently acquired substantially all of Lessee's assets related to the use of the
Communications Equipment,on the condition that the assignment must be for the entire
term of this Lease, and the assignee agrees to be bound by all of the terms and conditions
of this Lease. Lessee shall give advance written notice to Lessor within thirty(30) days
of the assignment of the Lease. Lessee shall not assign or transfer this Lease to any other
entity not above named without the prior written consent of Lessor, which consent shall
not be unreasonably withheld. In addition, Lessee shall not change or modify the
frequency,power,or character of Lessee's Communications Equipment,without Lessor's
prior consent,which consent shall not be unreasonably withheld.
12.INDEMNITY:
a. To the fullest extent permitted by law, Lessor shall not be liable for,and Lessee
agrees to indemnify and hold Lessor, including but not limited to its employees,
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agents,board members, officers, and representatives, harmless against any and all
liabilities, 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, sickness,
disease or death of any person or persons directly or indirectly resulting from or
arising out of the use of the Tower or the Property by Lessee, its employees, agents,
subcontractors or anyone for whom Lessee is liable. 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
obligation hereunder.
b. Notwithstanding the provisions stated herein,nothing in this Lease is intended as a
waiver by either party of their rights, immunities,and protections provided by the
Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq., as from time to
time amended,or otherwise available to the parties.
c. Except to the extent caused by Lessor's gross negligence or intentional misconduct,
Lessee waives and releases Lessor,its employees, and agents from all claims for any
loss, injury, death, or damage to persons, property, or to the 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, failing objects, steam,rain, snow, water, leak or flow of water, or from any
other place, or from breakage,leakage,obstruction,or other defects of the pipes,
sprinklers,wires, appliances,plumbing, air conditioning,or lighting fixtures of the
Building located under the Tower(the"Building"), or from construction,repair, or
alteration of the Building, or from any cause beyond Lessor's reasonable control.
13. INSURANCE: Lessee, and all of Lessee's contractors or subcontractors,prior to the
installation of any Communications Equipment,shall secure and maintain throughout the
Term of this Lease, and pay the costs and premiums of,broad form general commercial
liability insurance with limits of not less than $1,000,000.00 combined single limit of
liability and coverages satisfactory to Lessor in its reasonable discretion. Such insurance
shall name Lessor as an additional insured. A certificate of insurance evidencing such
coverage shall be provided to Lessor within ten(10)days of the execution of this Lease
by the last signatory hereto. Lessee shall purchase and maintain workers' compensation
insurance, including occupational disease provisions for all employees, in accordance
with statutory requirements, and including any required flow down. Such policy must
have coverage limits of at least: $100,000 per accident, $100,000 disease each employee
and$500,000 accident/disease policy limit. Such policy shall contain a waiver of
subrogation in favor of the Lessor.
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14. WASTE,NUISANCE, HAZARDOUS SUBSTANCE,OR UNLAWFUL ACTIVITY:
a. Lessee shall not create any waste or nuisance on or around the Tower or the'Property
near the Tower site,and shall not use the Tower or the Tower site for any unlawful
purpose.
b. Lessor represents that it has no knowledge of any substance, chemical or waste
(collectively,"substance")on the Tower site that is identified as hazardous,toxic or
dangerous in any applicable federal, state or local law regulation. Lessee shall not
introduce or use any such substance on the Tower site in violation of any applicable
law.
15. GOVERNMENT APPROVAL:
a. Lessee shall be responsible for obtaining any applicable permits or licenses required
by government agencies, as such pertain to the installation,operation,maintenance,
or repair, replacement,or ownership of Lessee's Communications Equipment located
at the Tower.
b. If after execution of this Lease, Lessee is unable to continue to occupy the Tower due
to action of any government agency,or for other reasons, including damage to or
destruction of the Tower or Building,then Lessee may terminate this Lease effective
immediately.
16. COMPLIANCE WITH LAWS: Lessor and Lessee agree to comply with the applicable
provisions of all federal, state or local laws or ordinances and all lawful orders, rules,and
regulations issued thereunder; and any provisions, representations or agreements,or
contractual clauses required thereby to be included or incorporated by reference or
operation of law in this Lease. Lessee shall abide by all of Lessor's policies and
procedures, including without limitation those related to the prohibited use and/or
possession of alcohol, tobacco or firearms on Lessor's Property. Lessee shall at all times
strictly enforce this prohibition among its own employees, agents or subcontractors and
their employees,agents or subcontractors.
17. NOTICES: Any notice to be given under this Lease shall either be hand delivered,with
signed receipt, or mailed to the party to be notified at the address set forth herein,with
signed receipt,or by facsimile with confirmation,until such time as written notice of a
change is received from the party wishing to make a change of address. Any notice so
mailed and any notice served by personal delivery shall be deemed delivered and
effective upon receipt or upon attempted delivery. This method of notification shall 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:
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Lessor: Weld County School District RE-10J
415 Leslie Street
Briggsdale, CO 80611
Attention: Superintendent
Lessee: Board of County Commissioners of Weld County, Colorado
P.O. Box 758, 1150 O Street
Greeley, CO 80632
18. ENTIRE AGREEMENT-MODIFICATION: This Lease contains the entire agreement
and understanding between the parties to this Lease and supersedes any other agreements
concerning the subject matter of this transaction,whether oral or written. No
modification,amendment,novation,renewal, or other alteration of or to this Lease and
the attached exhibits shall be deemed valid or of any force or effect whatsoever,unless
mutually agreed upon in writing by the undersigned parties.
19. SEVERABILITY:
a. If any term or condition of this Lease shall be held to be invalid, illegal,or
unenforceable,this Lease shall be construed and enforced without such a provision,to
the extent this Lease is then capable of execution within the original intent of the
parties.
b. It is expressly understood and agreed that enforcement of the terms and conditions of
this Lease,and all rights of action related to such enforcement, shall be strictly
reserved to the undersigned parties,and nothing contained in this Lease shall give or
allow any claim or right of action whatsoever by any other person not included in this
Lease. It is the express intention of the undersigned parties,that any third parties
receiving services or benefits under this Lease shall be deemed an incidental
beneficiary only.
20.NO WAIVER. The waiver of a breach of any provision of this Lease shall not be
construed as a waiver of any subsequent breach. No waiver shall be valid unless it is in
writing and signed by the party giving the waiver.
21. GOVERNING LAW. This Lease shall be construed and governed by the laws of the
State of Colorado.
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IN WITNESS WHEREOF,the parties hereto have executed this Lease in duplicate
originals on the dates shown below their respective signatures.
Lessee:
ATTEST:W toy jeho;64. BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY
By: By. Ceo
kti
Deputy oard Douglas Rademac-ter, Chairman
a
3
MAR Q 320
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Lessor:
7" Ete
WELD COUNTY SCHOOL DISTRICT
RE-1 OJ
By: .caVI/04k
Superintendent
8
o2®/y- 0594
Esther Gesick
From: Mike Wallace
Sent: Monday, February 03, 2014 10:08 AM
To: rmondt@briggsdaleschool.org
Subject: RE: FW: Briggsdale Agreement
Rick, any word on the agreement?
Michael R Wallace, ENP
Weld County Director of Public Safety Communications
1950 0 Street
Greeley, CO 80631
Office: 970-304-6455
Email: mrwallace(a)weldgov.com
Confidentiality Notice: This electronic transmission and any attached documents or other
writings are intended only for the person or entity to which it is addressed and may contain
information that is privileged, confidential or otherwise protected from disclosure. If you
have received this communication in error, please immediately notify sender by return e-mail
and destroy the communication. Any disclosure, copying, distribution or the taking of any
action concerning the contents of this communication or any attachments by anyone other than
the named recipient is strictly prohibited.
Original Message
From: rmondt('briggsdaleschool.org [mailto:rmondt(thbriggsdaleschool.org]
Sent: Tuesday, November 26, 2013 12:16 PM
To: Mike Wallace
Subject: Re: FW: Briggsdale Agreement
Thanks Mike
The agreement is being reviewed by our lawyer and I should have back
soon. However, we are on spring break starting tomorrow and will be
back next week.
Thanks Rick
Quoting Mike Wallace <mrwallace@co.weld.co.us>:
> Rick, just wanted to make sure that you received the attached.
> Michael R Wallace, ENP
> Weld County Director of Public Safety Communications
> 1950 0 Street
> Greeley, CO 80631
> Office: 970-304-6455
> Email: mrwallace[aweldgov.com
> [cid:image001.jpg(d010EE543.3E7FB750]
> Confidentiality Notice: This electronic transmission and any
> attached documents or other writings are intended only for the
> person or entity to which it is addressed and may contain
> information that is privileged, confidential or otherwise protected
> from disclosure. If you have received this communication in error,
> please immediately notify sender by return e-mail and destroy the
> communication. Any disclosure, copying, distribution or the taking
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> of any action concerning the contents of this communication or any
> attachments by anyone other than the named recipient is strictly
> prohibited.
> From: Bruce Barker
> Sent: Tuesday, November 19, 2013 4:20 PM
> To: Mike Wallace
> Subject: Briggsdale Agreement
> See attached. Let me know if you see the need for changes.
> Bruce T. Barker, Esq.
> Weld County Attorney
> P.O. Box 758
> 1150 "0" Street
> Greeley, CO 80632
> (970) 356-4000, ext. 4390
> Fax: (970) 352-0242
> [cid:image001.jpg(a1010EE543.3E7FB750]
> Confidentiality Notice: This electronic transmission and any
> attached documents or other writings are intended only for the
> person or entity to which it is addressed and may contain
> information that is attorney privileged and confidential, or
> otherwise protected from disclosure. If you have received this
> communication in error, please immediately notify sender by return
> e-mail and destroy the communication. Any disclosure, copying,
> distribution or the taking of any action concerning the contents of
> this communication or any attachments by anyone other than the named
> recipient is strictly prohibited.
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