HomeMy WebLinkAboutbocc.ord.004.2011 RECEPTION #: 582808, 09/16/2011 at
z 02:15:00 PM, CONTRACT # /73 a 0 f'
a a , 1 OF 23, R $0.00 Doc C o d e ORDINANCE —._..—
N z = Janice K. Vos Caudill, Pitkin County, CO (44j- G&eJ
c o 0
N Q' 0
to o
N ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
0 a COLORADO, APPROVING A TERMINATION OF RIGHT -OF -WAY AGREEMENT
el o "5 BETWEEN THE STATE OF COLORADO AND THE BOARD OF COUNTY
co o v COMMISSIONERS AND APPROVING A TOWER SITE LEASE BETWEEN THE STATE
z o co OF COLORADO, AND THE BOARD OF COUNTY COMMISSIONERS FOR SITE
0 Q ce > NUMBER 49042 WILLIAMS HILL, THE SCHOOL TRUST LANDS PITKIN COUNTY
CL 4 u ORDINANCE NO. a 2011
W m O
Et 0 .- "1
RECITALS:
1. On February 3, 1964, the Woody Creek Recreation Association entered into a Right of
Way Agreement ( "ROW ") with the State of Colorado though its Board of Land Commissioners
C\ for the purpose of constructing, reconstructing, operating and maintaining a TV Booster Station
on property now known as Williams Hill, in the SW 1/4 of Section 36, Township 8 South, Range
86 West, 6 P.M., ( "the Premises ").
O
O 2. The Woody Creek Recreation Association assigned the ROW agreement to the BOCC as per
the attached assignment dated August 24, 1981.
+ 3. The State acting by and through its Board, desires to terminate the ROW Agreement and the
N-. vacation of the right -of -way granted by such agreement. The State wishes to terminate this
agreement as it pertains to use by the County only.
4. The BOCC agrees to the termination of the ROW Agreement and the vacation of the right -of-
way granted by the ROW Agreement.
4.
g _ 5. The State, acting through its Board, owns the Premises, and desires to lease such Premises to
the BOCC, for operation and management of the site to allow other communication providers to
add antennas to the Premises.
Q 6. The BOCC desires to lease the Premises for operation and management of the site to allow
other communications providers to add antennas to the Premises.
1
NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of Pitkin
g County, Colorado that:
1. The BOCC agrees to the termination of the ROW Agreement and the vacation of the right -of-
4 way granted by the ROW Agreement and authorizes the Chair to execute the Termination of
Right -of -Way Agreement.
2. The BOCC agrees to enter into a lease agreement with the State through its Board, to allow it
to operate and manage the Premises for the purpose of allowing additional antenna to an existing
tower site by other communications providers and authorizes the Chair to execute Tower Site
Lease Agreement.
RECEPTION #: 586764, 02/16/2012 at
11:43:18 AM,
1 OF 44, R $0.00 Doc Code ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO
/ a
INTR DUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE DAY
OF a _ Y 2011.
NOTICE OF PUBLIC HEARING AND T� FULL ORDIN NCE PUBLISHED IN THE
ASPEN TIMES WEEKLY ON THE /4 DAY OF k k- V 2011.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 7 DAY
^
OF �" 2011.
PUBLISHED BY TITLE AND SH9RT SUMMARY /AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE aj DAY OF 2011.
as
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORA:
By: _ /_ � � /L'� By: ✓L.-( . 11111. Jeane J %� es / Rat hel E. Richards, Ch. irwoman
Deputy Aunty Clerk
Date:
APPROVED AS TO FORM:
John Ely • • • ttorney
• AGER APPROVAL:
Air
Jon eacoc, County Manager
RECOMMENDED FOR APPROVAL:
G I�J'l/t►
Dan Chicoine, Communications Site Manager
hIb
CONTRACT # /23 -2a/(
TERMINATION OF RIGHT -OF -WAY
THIS TERMINATION OF RIGHT -OF -WAY (this "Termination Agreement ") is entered
into effective as of the 1st day of September, 2010, by and between the Board of County
Commissioners of Pitkin County, Colorado ( "County ") and the State of Colorado acting by and
through the State Board of Land Commissioners ( "Board "). The County and Board are
collectively referred to herein from time to time as the "Parties" or may be referred to
individually as a "Party".
Recitals
This Termination Agreement is made with respect to the following facts:
A. The Board and the Woody Creek Recreation Association entered into a Right of
Way Agreement No. 1468, Book 14 dated February 3` 1964 (the "ROW Agreement "). Woody
Creek Recreation Association assigned the ROW Agreement to the Board of County
Commissioners of Pitkin County, Colorado in an Assignment dated August 24, 1981 and
recorded at Book 416, Page 349 in the public records of Pitkin_ County. The right -of -way
granted in the ROW Agreement runs over and across the following described real property (the
"Premises ") in Pitkin County, Colorado within SW1 /4 Section 36, Township 8 South, Range 86
West, 6 P.M.
A tract of land 100 feet square situated at the highest point (elevation
8819) of the mountain in the SW1 /4 of Section 36, Township 8 South,
Range 86 West, 6 P.M., Pitkin County, Colorado
B. The Parties agree to the termination of the ROW Agreement and the vacation of
the right -of -way granted by the ROW Agreement. The Parties wish to record the termination in
the real property records for Pitkin County, Colorado.
C. The Parties have entered into a Lease for the Premises dated February 1, 2011
(the "Lease ") to allow the County to operate, repair, replace, upgrade, remove, and maintain a
communications tower site and related appurtenances.
Termination and Agreement
In partial consideration of the Lease, the sufficiency of which is hereby acknowledged by
the Parties, the Parties hereby promise and agree as follows:
1. Termination. The ROW Agreement is hereby terminated and the right -of -way granted
therein is hereby vacated. The Parties shall have no rights or obligations thereunder after
the date hereof. The County does hereby convey and release to the Board the ROW
Agreement.
2. Governing Law. The validity and effect of this Termination Agreement shall be
determined in accordance with the laws of the State of Colorado.
1
3
3. Recordation. This Agreement shall be recorded in its entirety in the real property records
of Pitkin County, Colorado, within ten (10) days after execution hereof.
4. Entire Agreement. This Agreement contains the entire agreement of the Parties with
respect to the ROW Agreement and supersedes any prior oral or written agreements.
IN WITNESS WHEREOF, the Parties have caused this Termination Agreement to be
duly executed and delivered as of the date first above written.
BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORAD
By : � • -y
Rachel . Richards, Ch ' omen
ATTEST:
REVIEWED FOR LEGAL SUFFICIENCY BY:
COUNTY ATTORNBX> °-
STATE OF COLORADO, acting by and through
the STATE BOARD OF LAND
COMMISSIONERS
By:
Christopher Smith, Real Estate Section Manager
STATE OF COLORADO )
) Ss.
COUNTY OF PITKIN )
l is instrument was acknowledged b fore me on inFtr 'a 2011, by
e5i FL. . Rl Oil l - Pi 1 / L-01 Cl Colorado and -,1"c ) �L�, ,
LE t �� /
otar • ub is .... a ;say -- 1'+
My Commission Expires: 7-1 -) L/ s B
•
2 , PU`' )
STATE OF COLORADO )
) Ss.
COUNTY OF DENVER
The foregoing document was acknowledged before me this / 3day of J.1°i '( , 2011 by
Christopher Smith, Real Estate Section Manager, on behalf of the State of Colorado, acting by
and through the State Board of Land Commissioners.
( Zdt/A:e_ . t(
Notary Public
•
My Commission Expires:
O • �}� ,t rr
• v rr
aTARY 7�t"
. : o
: !U a 0 �
•
,
•• }e fif }4it1\
3
STATE OF COLORADO
STATE BOARD OF LAND COMMISSIONERS
TOWER SITE LEASE OF STATE TRUST LANDS
State Land Board Tower Site Lease No. COMM -49042
Lessee name
Site Number: 49042
Site Name: Williams Hill — Pitkin County
THIS LEASE is entered into at Denver, Colorado, this 1st day of February, 2011, by and between the State of Colorado, acting through its State
Board of L and C ommissioners ( "Board "), w hose a ddress i s 1127 Sherman S treet, Suite 3 00, Denver, C 0 8020 3, a nd the B oard of C ounty
Commissioners of Pitkin County ( "Lessee "), having an address in c/o the Pitkin County Translator Department 76 Service Center Road, Aspen, CO
81611.
WHEREAS, the State of Colorado, acting by and through the Board, owns the Premises, and desires to lease the Premises for the purpose of allowing
commercial communications providers to add antennas to an existing tower site on the Premises.
WHEREAS, the Board and the Woody Creek Recreation Association entered into a Right of Way Agreement dated February 3` 1964, (the "ROW
Agreement "). Woody Creek Recreation Association executed an Assignment of Right of Way on August 24, 1981 and recorded in the real property
records of Pitkin County at Book 416 Page 349, assigning the right of way to the Board of County Commissioners of Pitkin County. The ROW
Agreement runs over and across the Premises as described on Exhibit A.
WHEREAS, the Parties agreed to terminate the ROW Agreement and entered into a Termination of Right -of Way dated January 1,
2011 which shall be recorded in the real property records for Pitkin County, Colorado.
NOW THEREFORE,
1. DESCRIPTION OF THE PREMISES
The B oard 1 eases t o t he L essee a nd Lessee 1 eases from t he B oard, ex clusively for the p urposes i ndicated below, the School Trust 1 ands, i n the
County(s) of Pitkin, Colorado, de scribed i n E xhibit "A" (the "Premises "). The S chool Trust land w here t he P remises are situated i s 1 egally
described in Exhibit "A" (the "Premises").
2. CONDITION OF LEASED PREMISES
Lessee represents that Lessee has had an opportunity to inspect the Premises prior to entering into this lease, and Lessee accepts the Premises in their
present condition and acknowledges that the P remises are i n all r espects suitable for the purposes permitted. The Board disclaims any and all
obligation t o provide a cress t o t he P remises (except a s e xpressly s et forth in th is lease), or t o fence, make an y r epairs t o o r co nstruct an y
improvements upon the Premises; and the Board does not warrant that the Premises are suitable for the permitted purposes.
3. USE OF THE LEASED PREMISES
The use of the Premises shall be limited to operating, repairing, replacing, upgrading, removing and maintaining a communications tower site and
related appurtenances ( "Facilities ") for Broadband Internet, F M/TV, Commercial Mobile Radio S ervices (CMRS) o r wireless telephone service,
including cellular phones, P CS, and point -to -point wireless communications. The use of the Premises shall also include the right of ingress and
egress 24 hours per day, 7 days per week for the sole purpose of constructing, operating, repairing, replacing, upgrading, removing and maintaining
said Facilities, including the installation, repair, replacement, upgrading. and maintenance of utilities. The sole and singular user of the Premises
shall be the Lessee named herein and its agents and subcontractors.
TOWER SITE LEASE NO. COMM- 49010. Revision: 10/27/2006
- Page 1of11-
L6i
4. LEASE TERM
This lease is effective from the this 1 day of February, 2011 for the term of thirty (30) years, being until the 31st day of January, 2041 subject to
the covenants and agreements herein.
5. EXTENSION TERMS AND ADJUSTMENTS
The Board and the Lessee may agree to an extension of this lease for one (1) additional ten (10) year period on terms and conditions set forth by the
Board and agreed to by both parties provided a notice of intent to enter into such extension shall be given in writing to the Board no later than six (6)
months prior to the expiration of the initial lease term. An extension will only be granted if the Lessee is in full compliance with all requirements of
• this Lease. The rental amount will be subject to review and adjustment at approximately the beginning of the ten (10) year period by the Board,
and shall replace any prior rental amount.
6. RENTAL
The rental amount for the first year s hall be the sum o f Three- Thousand, S ix- Hundred Dollars and no/100 D ollars ($3,600.00), w ith an annual
increase of three percent (3 %). Lessee shall pay to the Board the rental due each and every year during the term ofthis lease at the office of the
State Board of Land Commissioners, Denver, Colorado. No portion of any prepaid rental amount is refundable, unless otherwise stated herein. The
initial rent payment will be due on the first anniversary after the first sub lessee, takes occupancy of any part of the Premises, which shall not happen
until after the execution of an agreement between Lessee and sub lessee pursuant to Paragraph 18(d) herein. L essee shall provide Lessor with a
copy of any agreement between Lessee and sub lessee within three business days after its execution. The month and day of the initial rent payment
shall be the Annual Payment Date. For every year after the initial year, Lessee must pay the annual rent prior to the Annual Payment Date. In the
event there are no sub lessees, rent will be abated until the time of occupancy of a new sub lessee.
7. INSURANCE
The Lessee at its sole cost and expense, shall during the entire term hereof procure, pay for and keep in full force and affect the following types of
insurance:
A. Property Insurance
A policy of property insurance covering all insurable improvements located on the Premises (except for land, foundation, excavation, and other
matters normally excluded from coverage), in an amount not less than necessary to cover the replacement cost. S uch insurance shall afford
protection against at least the following: (i) loss or damage from fire and other perils normally covered by the standard extended coverage
endorsement; and (ii) such risks as shall customarily be covered with respect to projects similar in construction, location and use, including all
perils normally covered by the standard "all risk" endorsement where such is available. Permission is granted to Lessee to self insure this
coverage as provided in Section E below.
B. Liability Insurance
A commercial general liability insurance covering the improvements and Premises insuring the Lessee in an amount not less than two million
dollars, and covering bodily injury, including death to persons. personal injury, and property damage liability. S uch coverage shall include,
without limitation, legal liability of the insured for property damage, bodily injuries and deaths of persons in connection with the operation,
maintenance or use of Premises. Coverage shall also include all legal expenses and other costs incurred by the Board related to any claim
under this Lease.
C. Other Risks
In addition, the Lessee shall obtain insurance against such other risks of a similar or dissimilar nature, as the Board shall deem appropriate.
Lessee shall also provide workers compensation insurance.
D. General Provisions of Insurance Policies
1. All policies of insurance carried by the Lessee shall name the Lessee as insured and shall include the Board as an additional insureds.
2. The policy shall contain a provision that it cannot be cancelled until insurers have endeavored to provide at least thirty (30) days prior
written notice thereof is given to the Board.
3. Intentionally deleted
TOWER SITE LEASE NO. COMM -49010 Revision: 10/27/2006
- Page 2of11-
.7
•
4. Notwithstanding anything to t he c ontrary contained he rein, the L essee's o bligation to car ry i nsurance as p rovided h erein m ay b e -
brought w ithin t he coverage o f a "blanket" policy or policies of insurance carried and m aintained by the Lessee, so long a s such
policy(s) segregates the amount of coverage applicable to the Premises.
5. A current certificate(s) of insurance shall be provided to the Board prior to the commencement of this Lease, upon renewal, and at the
request of the Board. The certificate shall refer to the location of the Premises and the lease number of this lease.
E. Deductibles and Self Insurance: Any deductibles or self - insured retentions must be declared to the Board . All deductibles, retentions, or
"self- insured" amounts shall be subject to the following:
1. Lessee shall be responsible for all claims and liabilities that fall within the Lessee's deductible.
2. At such times as Lessee meets certain requirements (the "Self- Insurance Qualifications "), such limit shall be One Million and no /100
Dollars ($1,000,000.00). Lessee shall meet the Self- Insurance Qualifications from time to time if and only if Lessee has a net worth of
Five Hundred Million and No /100 Dollars ($500,000,000.00).
3. Any self - insured exposure shall be deemed to be an insured risk under this Agreement.
4. Lessee shall provide to the beneficiaries of all such amounts no less insurance protection than if such self-insured portion was fully
insured by an insurance company of the quality and caliber required hereunder.
5. At an y t ime Lessee d oes not m eet t he S elf- Insurance Q ualifications, t he B oard m ay require L essee from t ime t o t ime t o s ecure
payment of any deductible or self - insured retention by a surety bond in content and form satisfactory to the Board.
S. RESTORATION BOND
Intentionally deleted to reflect the terms of the ROW Agreement.
9. SURVEY
Intentionally deleted to reflect the terms of the ROW Agreement.
10. CONSTRUCTION OF IMPROVEMENTS
A. No improvements of Facilities (including access roads) shall be b uilt or placed upon t he Premises without the prior written consent of the
Board, which shall not be unreasonably withheld, conditioned, or de layed. Lessee s hall provide de signs, construction plans. and building
specifications for t he B oard's r eview a nd approval pr for t o c onstruction of any i mprovements. L essee s hall not c onunence t o bui Id a ny
structure or permanent improvement or construct replacements, additions, or significant alterations of any kind without fast obtaining said
approval. Improvements placed upo n the Premises by the Lessee with t he Board's written a uthorization s hall be referred to h erein as
"Authorized Improvements ".
B. Upon the termination of this lease, and provided Lessee is not then in breach of or in default under this lease, all Authorized Improvements
shall, at the Lessee's option, either be:
1. Removed by Lessee without damage to the Premises; or
2. Sold by Lessee to a subsequent lessee.
C. All Authorized Improvements not so removed or sold within ninety (90) days after termination of this lease shall be deemed abandoned and
may, at the Board's option, be removed by the Board at the Lessee's expense. retained by the Board for use by subsequent lessees, or sold
by the Board with all proceeds going to the Board. Lessee shall not be entitled to compensation for, or to sell or remove, any authorized
improvements when the lease is terminated by the Board for violation by the Lessee of the lease provisions.
11. NO PARTNERSHIP
Nothing in this lease shall cause the Board in any way to be construed as a partner, a joint venturer or associated in any way with the Lessee in the
operation of the Premises. or subject the Board to any obligation. loss, charge or expense connected with or arising from the operation or use of the
Premises or any part thereof.
TOWER SITE LEASE NO. COMM -49010 Revision: 10/27/2006
Page 3ofll-
12. MAINTENANCE AND REPAIR
The Board shall have no dut y of maintenance or repair with respect to the Premises or any improvements constructed thereon. The Lessee shall
keep and maintain the Premises and improvements thereon in constant good order and repair in the same condition as when initially constructed,
ordinary wear and tear excepted. All repairs made by the Lessee shall be at least equal in quality to the original improvements.
13. DAMAGE OR DESTRUCTION
In case of damage to or destruction of the Premises or any part thereof, by any cause whatever, the Lessee shall give or cause to be given to the
Board prompt notice o fsuch oc cun:ence and shall promptly proceed with due diligence to repair, restore, replace or rebuild so as to make the
Premises at 1 east eq ual in q uality to the original i mprovements, or remove a 11 improvements and restore t he Premises to its c ondition prior to
implementation of the ROW Agreement and construction of the Antenna Facilities or Authorized Improvements.
14. TAXES, UTILITIES AND OTHER EXPENSES
To the e xtent allowed by 1 aw, it is unde rstood and a greed that t his Leases hall bean et l ease with r espect t o the B oard, an d t hat al I t axes,
assessments, insurance, utilities and other operating costs including those which could otherwise result in a lien being placed against the Premises as
well as the cost of all repairs, remodeling, renovations, alterations, and improvements, and all other direct costs, charges and expenses of any kind
whatsoever respecting the Premises shall be borne by the Lessee and not by the Board so that the rental retum to the Board shall not be reduced,
offset or diminished directly or indirectly by any cost or charge, nor subject to suspension or termination for any cause.
15. INSPECTION RIGHTS
The Board or its authorized representatives may from time to time, at any reasonable hour, and with prior notice and escort, enter upon and inspect
the Premises, or any portion thereof or improvements thereon to ascertain and secure compliance with this Lease, but without obligation to do so or
liability therefor. However, no prior notice or escort shall be required by the Board to enter upon and inspect unfenced areas of the Premises and in
emergencies. Lessee hereby grants to the Board a non - revocable license for such access over and across Lessee's other lands during the term of this
lease.
16. LIABILITY AND INDEMNITY
A. The Board shall not be liable to the Lessee, its agents, employees, invitees, patrons or any other person whomsoever, for injury to or death
of any person or damage to or loss of property in, upon or adjacent to the Premises or other property contiguous or appurtenant thereto,
which may arise during the Lessee's development, use or occupancy of the Premises or by any person so doing through or under the Lessee
or with its permission, express or implied, unless and to the extent caused by the Board's negligence. The Lessee further waives any claim
against the Board regarding the Board's approval or disapproval of any plans or specifications whether or not defective.
B. The Lessee agrees to indemnify the Board, to the extent allowed by law, and save it harmless against and from any and all claims by or on
behalf of any person(s), firm(s), corporation(s) arising from the conduct or management of or from any work or thing done on or about the
Premises and to indemnify and save the Board harmless against and from any and all claims arising during the term hereof from: (i) any of
those matters specified in this Article; (ii) any breach or default on the part of the Lessee hereunder: and (iii) any act or omission of the
Lessee or any of its agents, contractors, servants, assignees, employees, invitees or licensees, on or about the Premises or other property
contiguous or appurtenant to the Premises, including all costs, attomeys fees, expenses and liabilities incurred in or about any such claim or
any action or proceeding brought thereon; and in case any action or proceeding be brought against the Board by reason of any such claim
upon notice from the Board, the Lessee covenants to promptly effect the dismissal thereof or to diligently resist and defend such action or
proceeding by counsel satisfactory to the Board, at the sole cost and expense of the Lessee. The foregoing indemnity, defense and hold
harmless obligations shall not apply to claims or losses to the extent that they are caused by the Board's negligence.
17. RESERVATIONS TO THE BOARD
This lease is subject to any and all presently existing easements, rights -of -way and other interests, whether or not visible on t he ground; and, in
addition to its reversion upon termination of this lease, the Board hereby reserves:
A. The right to sell, exchange, or otherwise dispose of all or any portion of the Premises during the term of this lease.
B. The right to cancel this lease as to all or any portion of the Premises, upon one year's prior written notice to the Lessee, if the Board elects
to sell, exchange, otherwise dispose of, or otherwise lease all or any portion of the Premises free and clear of this lease, refunding to Lessee
the unearned portion of the prepaid rental amounts.
TOWER SITE LEASE NO. COMM -49010 Revision: 10/27/2006
- Page 4of11-
9
•
C. The right to lease all or any portion of the premises to other persons for the purposes of exploring for and removing timber, minerals, ores,
metals, coal, asphaltum, oil, gas, sand, gravel, clay, quarry products, peat, geothermal resources, and all other naturally occurring resources,
together with reasonable and adequate rights of entry and surface rights necessary or convenient to exercise such reserved rights, so long as
the exercise of such rights do not unreasonably interfere with Lessee's authorized use of the Premise including but not limited to the right,
upon three - hundred and sixty- (360) days' prior written notice to the Lessee, to cancel this lease as to all or any portion of the Premises,
refunding to Lessee the unearned portion of the prepaid rental amounts.
D. All water, water rights, ditch rights, water stock and/or ditch stock appurtenant to or used in connection with the Premises including wells,
rights in ditch, water in canal organizations or companies. All such uses shall be and remain the property of the Board. The Lessee may
not explore, drill, or establish any water use right or well without written permission of the Board. If the Lessee establishes or adjudicates
any water right or use on the Premises, it shall be in the name of the Board.
E. The right to administrative access to the Premises under Section 15 above entitled "INSPECTION RIGHTS ".
F. The right at any time to grant any right -of -way or easement upon, over or across all or any portion of the Premises so long as the exercise
of such rights does not unreasonably interfere with Lessee's authorized use of the Premises. If and when such right -of -way or easement is
granted, the Lessee shall be compensated by the grantee for any damages to Lessee's personal property and leasehold improvements.
G. The right to put the Premises to additional uses by granting additional leases, permits, access, or rights to the Premises or any portion
thereof, at a ny t ime and for any purpose, i ncluding b ut not limited t o h unting, fishing and other recreational p urposes so long a s t he
exercise of such rights do not unreasonably interfere with Lessee's authorized use of the Premises.
H. All rights, privileges and uses of every kind or nature not specifically granted to Lessee by this lease so long as the exercise of such rights
does not unreasonably interfere with Lessee's authorized use of the Premises.
18. ASSIGNMENTS, SUBLEASING AND ENCUMBRANCES
This lease shall be binding on the parties hereto, their heirs, representatives, successors, and permitted assigns.
A. This lease shall not be assigned, transferred or sold, voluntarily or by operation of law, without the prior written consent and upon such
terms and conditions as determined by the Board, which shall not be unreasonably withheld, conditioned, or delayed. It shall be understood
that any name change, or changes in ownership of the Lessee shall be considered an assignment. A change in name and/or ownership
resulting from a merger or acquisition between Lessee. Cingular Wireless, and/or AT &T Wireless Services Inc., its partners, members or
affiliates shall be considered an approved assignment. Lessee shall be required to submit an assignment fee often percent (10 %) of the
current annual rental amount at the time of its notification to the Board. There shall be no partial assignments of this lease.
B. Assignment or other transfer without written consent of the Board shall not effect a novation of this lease, and shall, nevertheless, make the
assignee r esponsible an d liable, along w ith t L essee, for p erforming t his l ease. T he acceptance b y t he B oard of an y p ayment d ue
hereunder from any person other than the Lessee shall not be deemed a waiver by the Board of any provision of this lease or to be consent
to any assignment.
C. Subleasing, e ncumbering, pl edging or otherwise t ransferring t his I ease i s e xpressly pr ohibited u nder t he t erms of t his 1 ease except as
expressly provided in this lease.
D. Subleasing (including co- location of facilities not belonging to Lessee) is prohibited without the prior written consent of the Board, which
consent will not be unreasonably withheld, conditioned or delayed. Lessee shall request and obtain the Board's approval of any proposed
subleasing or co- location of facilities prior to entering into any agreement to co- locate and prior to co- location of facilities on the Premises.
Within thirty- (30) calendar days of the anniversary date of this lease (one -year after this lease is entered into and each subsequent one -year
date thereafter), the Lessee shall provide a r eport of all approved subleases including an accounting ofthe related sublease income an d
gross receipts received, including in -kind services and equipment. At that time, Lessee shall pay to the Board an amount equal to 25% of
gross r eceipts r eceived during t he p revious y ear from s ubtenants. Lessor h ereby gives i is co nsent for L essee t o s ublease t o Skybeam
without additional payment per this paragraph. Payments to Lessee under the Skybeam sublease shall not be included in the gross receipts
used to calculate the additional payments owed to the Lessor for subleases.
E. Lessee shall be responsible to assure that the sublessees comply with all the terms, conditions, and covenants of this lease. A breach or
default of this lease by a sublessee shall be considered a breach of the lease as if the Lessee had committed the breach.
TOWER SITE LEASE NO. COMM -49010 Revision: 10/27/2006
- Page 5 of 11 -
/ D
19. PROTECTION, CONSERVATION AND COOPERATION
Lessee shall not permit, commit, or allow, and shall protect the Premises against, any loss, damage, any dangerous condition, injury, o r waste,
except as caused by persons granted other uses of the Premises by the Board. Lessee may use the Premises only for the purposes granted and in
accordance with good resource conservation practices. Lessee shall not cut, remove, or use or allow to be cut, removed or used, any timber or trees,
or remove, use or allow to be r emoved or us ed any minerals, ores, metals, coal, asphaltum, oil, gas, sand, gravel, clay, quarry pr oducts, pe at,
geothermal resources or other naturally occurring resources unless approved in advance in writing by the Board. Lessee shall conduct all activities
on the Premises in a manner that protects soil fertility and forage production, and does not contribute to soil erosion, noxious weeds or pests. Lessee
shall comply with all applicable federal, state and local laws, ordinances, and regulations, including but not limited to criminal, land use, fencing,
noxious weed, environmental, wetlands protection, hazardous waste, health and safety laws, ordinances and regulations.
20. DEFAULTS AND REMEDIES
A. Defaults
The occurrences of any one or more of the following events shall constitute a default hereunder by the Lessee:
1. Failure by the Lessee to make any payment of rental or other payment of additional rental or charge required to be made by the Lessee
hereunder, as and when due.
2. Use o f the P remises by the Lessee, its successors and assigns or attempted use o f the P remises for any other pur pose than t hose
permitted by this lease without the written consent of the Board.
3. Failure by the Lessee to perform any of the covenants, conditions or requirements contained herein. Provided further that if the nature
of the Lessee's default is such that more than thirty (30) days are reasonably required to cure such default then the Lessee shall not be
deemed to be in default if the Lessee shall commence such cure within said thirty (30) day period and thereafter diligently pursue such
cure to completion.
Any of the above events of default may be cured by the Lessee within thirty (30) days after written notice thereof from the Board to the Lessee
in accordance with Section 25.I below, entitled "Notices ".
B. Remedies
In any event o f de fault and in addition to any or all other rights or remedies of the Board hereunder or by the law provided, the Board may
exercise the following remedies at its sole option:
1. Termination. Terminate the Lessee's right to possession of the Premises by any lawful means, in which case this lease shall terminate
and t he Lessee s hall i mmediately surrender pos session of t he Premises to the B oard according to the terms of S ection 21 below,
entitled "SURRENDER ". In such event of termination the Board shall be entitled to recover from the Lessee:
a. The unpaid rental, taxes and damages which have accrued up until the time of termination together with interest; and
b. Any other amount necessary to compensate the B oard for the Lessee's failure to perform its obligations under this lease or which
would be likely to result therefrom, including, but not limited to, the cost o f recovering pos session of the P remises, expenses o f
reletting, including necessary repair, renovation and alteration of the Premises, reasonable attorneys fees, and any other reasonable
costs.
c. The interest shall be three percent (3 %) per month or portion thereof. Said interest shall accrue from the dates such amounts accrued
to the Board until paid by the Lessee.
•
2. Rental During Unlawful Detainer. I n any successful action for unlawful detainer commenced by the Board against the Lessee by
reason of any de fault hereunder, the reasonable rental value of the Premises for the period of the unlawful detainer shall be two (2)
times the current rental and other charges or payments, prorated on a per diem basis, to be made by the Lessee under this lease for
such period.
3. Interest and Processing Fees. Interest and processing fees in the amount of three percent (3 %) per month or portion thereof shall be
imposed for I ate payments a nd improper or partial pa yments. S aid interest a nd processing fees shall accr ue from t he d ates s uch
amounts accrued to the Board until paid by the Lessee.
4. Cumulative Rights. The rights and remedies reserved to the Board, including those not specifically described, shall be cumulative,
and the Board may pursue any or all of such rights and remedies, at the same time or separately.
TOWER SITE LEASE NO. COMM -49010 Revision: 10/27/2006
- Page 6of11-
21. SURRENDER
A. Upon expiration or termination of this lease, the Lessee shall peaceably and quietly leave, and surrender possession of the Premises to the
Board, and at its own expense shall promptly and diligently within thirty (30) days remove, demolish and/or clear off from the Premises all
improvements and pe rsonal property and restore t he P remises to i is condition prior to the ROW Agreement. Any improvements and
personal property remaining a fter thirty (30) days s hall, at the option of the B oard, be come the property of the B oard, at the B oard's
discretion. T he B oard c an s eek reimbursement from Lessee for any c osts associated w ith removing and disposing of a ny property o r
improvements remaining on the Premises after thirty (30) days.
B. Notwithstanding any provisions to the contrary, the Lessee shall have no r ight to remove, alter or demolish all or part of the Lessee's
improvements at anytime the Lessee is in default or breach of any term, provision or covenant of this lease.
22. HAZARDOUS SUBSTANCES
A. The Lessee shall not place, store, use or dispose on the Premises, temporarily or permanently, any substance that is hazardous, toxic,
dangerous or harmful or which is defined as a hazardous substance by the Comprehensive Environmental Response Compensation and
Liability Act, 42 USC §9601; except any potentially "hazardous substance" contained within batteries installed by Lessee at the Premises,
which s hall be us ed and stored i n c ompliance with a 11 federal, state, and 1 ocal e nvironmental 1 aws for the s ole purpose of s upplying
electrical power to the Facilities. These substances shall be referred to collectively as "hazardous substances ".
B. The Lessee is also prohibited from storing any gasoline or other fuel on the Premises without the Board's prior written permission; except
Lessee is permitted to store diesel, propane or gasoline fuel in a tank on the Premises for the sole purpose of supplying fuel to the Facilities
in the event of an electrical power outage, provided that a spill containment structure is installed in a manner that is capable of holding the
entire volume of the tank in the event of a tank spill or rupture. Such written permission shall be at the Board's sole discretion and upon
such terms and conditions as determined by the Board.
C. The Lessee shall immediately notify the Board of all spills, releases, inspections, correspondence, orders, citations, notices, fines, response
and/or cleanup actions, and violation of laws, regulation or ordinance which effect the Premises.
23. CONDEMNATION
A. In t he event B oard r eceives not ification of a ny c ondemnation Dr oceedings a ffecting t he P remises. B oard will Dr ovide not ice of t he
proceeding to Lessee within ten (10) business days.
B. If a 11 of the Premises a re taken by any publ is a uthority under the power of e minent d omain, t his 1 ease s hall terminate as o f t he d ate
possession was taken by said public authority pursuant to such condemnation. If part of the Premises is taken and, in the opinion of either
the Board or the Lessee, it is not economically feasible to continue this lease, either party may terminate this lease.
C. Such termination by either party shall be made by notice to the other party given not later than thirty (30) days after possession is so taken.
If part of the Premises is taken and neither the Board nor the Lessee elects to terminate this lease, the payment due under this lease shall be
abated in the same proportion as the portion of the Premises so taken bears to the whole of the Premises.
D. All damages awarded for the taking or damaging of all or any part of the Premises, or Board -owned improvements thereon, shall belong to
and become the property of the Board, and the Lessee hereby disclaims and assigns to the Board any and all claims to such award. Th e
Board shall not claim any interest in any authorized improvements. Lessee may pursue a separate award from the condemnation authority
for its relocation expenses and for the loss of or damage to its Facilities.
E. If the temporary use (defined as less than one year) of the whole or any part of the Premises shall be taken at any time during the term of
this lease, the Lessee shall give prompt notice thereof to the Board; however, the term, rentals and other obligations of the Lessee under this
lease shall not be reduced or affected in any way. The Lessee shall be entitled to compensation as determined by applicable law for any
such temporary taking of the Premises.
TOWER SITE LEASE NO. COMM -49010 Revision: 10/27/2006
- Page7ofll- J�/
24. LIENS AND CLAIMS
A. Mechanics' Liens
1. The L essee shall not suffer or permit t o be enforced against the Premises, or any part thereof, o r any i mprovements thereon, any
mechanics', materialmen's, contractors', or subcontractors' liens arising from, or any claim for damage growing out of the work of any
construction, repair, restoration, replacement or improvement by Lessee, or any other claim or demand howsoever the same may arise,
but the Lessee s hall pay or cause to be pa id all of said liens, claims, or demands before any action is brought to enforce the same
against the Premises or improvements.
2. To the extent allowed by law, the Lessee agrees to defend, indemnify and hold the Board and the Premises free and harmless from all
liability for any and all such liens, claims, demands, and actions (collectively, the `liens ") together with reasonable attorneys fees and
all costs and expenses in connection herewith.
B. Rights to Contest
Notwithstanding the foregoing, if the Lessee shall in good faith contest the validity of any such lien, then the Lessee shall at its sole expense
defend itself and the Board against the same and shall pay and satisfy any adverse expense or cost or adverse judgment that may be rendered
thereon before the enforcement thereof against the Board or the Premises, upon the condition that if the Board shall require, the Lessee shall
furnish a surety bond satisfactory in form and amount to the Board. S aid bond s hall not be less than one hundred twenty percent (120 %) of
such contested lien indemnifying the Board against liability for the same, and holding the Premises free from the effect of such lien.
C. Posted Notice
The Lessee shall, upon execution of this lease at its cost, prepare a Notice, pursuant to CRS §38 -22 -105, and cause the same to be posted for
the purpose of protecting the B oard against any 1 iens or e ncumbrances upon t he Premises b y reason of work. I abor, services o r materials
contracted for or supplied to the Lessee.
25. MISCELLANEOUS
A. False Statements
Any false c erti tication or statement by the Lessee in the application, p ublic d isclosure statement o r qualification o f financial r esponsibility
statement required to be submitted with the application for the lease, or in any other document or report required to be submitted under this
lease, shall at the discretion of the Board, result in termination of this lease and an action for damages.
B. Lease Document Controls
In the event of inconsistency or conflict between this lease and documents incorporated herein by reference, this lease agreement shall control.
C. Compliance with Laws
The Lessee s hall co mply with all applicable federal, state an d local o rdinances, regulations an d 1 aws r egarding the P remises an d act ivities
conducted thereon or by virtue thereof. Furthermore the Lessee shall not use or permit the Premises to be used in violation of any such rule,
regulation or law or for any purpose tending to damage or harm the Premises or improvements thereon or adjacent thereto, or the image or
attractiveness thereof, or for any improper, o ffensive or immoral use or purpose, or in any manlier which shall constitute waste, nuisance or
public annoyance.
D. Lessee's Authority
If the Lessee is an entity other than an individual, each individual executing this lease on behalf of said entity represents and warrants that he or
she is duly authorized to execute and deliver this lease on behalf of said entity and that this lease is binding upon said entity in accordance with
its terms. The Lessee shall deliver a certified copy of the appropriate document evidencing authorization for such execution.
E. Entire Agreement
This lease and all documents incorporated herein by reference represent the entire agreement between the parties hereto. No oral agreement or
implied covenant shall be held to vary the provisions hereof.
TOWER SITE LEASE NO. COMM -49010 Revision: 10/27/2006
- Page 8of11- �j
F. Amendments •
This lease shall not be amended or ratified except by written document executed by the parties hereto.
G. Certain Rules of Construction
Time is of the essence in the performance of this lease. Unless the context clearly implies otherwise, each and every act to be performed or
obligation to be fulfilled by the Lessee under this lease shall be performed or fulfilled at the Lessee's sole cost and expense.
H. Governing Law and Venue
This lease shall be governed by and construed in accordance with the laws of the State of Colorado and Venue shall be in the City and County
of Denver.
I. Notices
Every notice, demand, request, designation, consent, approval or other document or instrument required or pe miffed to be served hereunder
shall be in writing, shall be deemed to have been duly served on t he day o f receipt or rejection and shall be sent by registered or certified
United States mail, postage prepaid, return receipt requested, or by a nationally recognized overnight courier service which provides written
evidence of delivery, as addressed to the parties hereto. The parties may change the place for serving of such papers on it, or provide for the
delivery of not more than two (2) additional copies, by giving the other party at least thirty (30) days prior written notice to such effect. Notices
shall be sent to:
Lessee: Board:
Board of County Commissioners of Pitkin County Colorado State Board of Land Commissioners
c/o Translator Dept. /co COMM
76 Service Center Road 1127 Sherman Street Suite 300
Aspen, CO 81611 Denver CO 80203
With copy to:
Pitkin County Attorney
530 E. Main Street Ste 302
Aspen, CO 81611
J. Severability
If for any reason provisions of this lease or the application thereof to any person or circumstances, shall to any extent, be deemed invalid or
unenforceable, t he r emainder o f this I ease s hall n of n ecessarily b e a ffected t hereby an d e ach p rovision o f t he 1 ease s hall b e valid an d
enforceable to the fullest extent permitted by law.
K. Costs of Suit: Attorneys Fees
In the event that the Board shall, without fault on the Board's part, be made party to any litigation instituted by the Lessee or by any third party
against the Lessee, or by or against any person holding under or using the Premises by license of the Lessee, or for the foreclosure of any lien
for 1 abor or material furnished t o or for t he Lessee or any such of her pe rson or of herwise a rising out of or r esulting from a ny a ction or
transaction of the Lessee or o f any such other pe rson, the Lessee hereby i ndemnifies and hol ds the B oard harmless from and against an y
judgment rendered against the Board or the improvements or any part thereof, and all costs and expenses, including reasonable attorneys fees,
incurred by the Board in or in connection with such litigation.
26. HOLDING OVER
If Lessee remains in possession of the Premises after the termination of this lease (by expiration or otherwise) Lessee shall be liable for rental during
such holdover possession. The rental shall not be less than the rate agreed upon in this lease, and the Board may fix a new rate, which shall be paid
by the Lessee dur ing continued occupancy. At the B oard's option, the Lessee shall be construed to be in possession of the Premises and to be
occupying the same so I ong as the P remises are used i n any way to any extent by Lessee, or so long as any o f hi s authorized or unauthorized
improvements remain on the Premises. Continued occupancy shall not establish a new or extended lease term or other right, no matter how long
maintained and regardless of the Board's knowledge thereof.
TOWER SITE LEASE NO. COMM -49010 Revision: 10/27/2006
- Page 9of11-
/ /
27. BOARD'S AUTHORITY
This lease is entered into pursuant to the authority granted to the Board by Colorado law.
28. ADDITIONAL CONDITIONS
Additional conditions, if any, are set forth on an attached rider(s), and made a part hereof. In addition, the following shall apply and supersede any
conflicting terms or conditions set forth above:
A. Lessee may terminate this Agreement upon written notice to the Board with ninety (90) days' notice.
B. Warranties.
1. Tenant and Landlord each acknowledge and represent that it is duly organized, validly existing and in good standing and has the right,
power and authority to enter into this Agreement and bind itself hereto through the party set forth as signatory for the party below.
2. Landlord represents and warrants that: (i) Landlord solely owns the Property as a legal lot in fee simple, or controls the Property by
lease or license; (ii) the Property is not encumbered by any liens, restrictions, mortgages, covenants, conditions, easements, leases, or
any other agreements of record or not of record, which would adversely affect Tenant's Permitted Use and enjoyment of the Premises
under this Agreement; (iii) as long as Tenant i s not in default then Landlord grants to Tenant sole, actual, quiet and peaceful use,
enjoyment and possession of the Premises; (iv) Landlord's execution and performance of this Agreement will not violate any laws,
ordinances, covenants or the provisions of any mortgage, lease or other agreement binding on the Landlord; and (v) if the Property is
or be comes encumbered by a de ed to secure a de bt, mortgage or other s ecurity interest, L andlord w ill us e best e (torts to pr ovide
promptly to Tenant a mutually agreeable Subordination, Non - Disturbance and Attomment Agreement.
IN WITNESS WHEREOF, the Board and the Lessee, by their signatures below, agree to the terms of this lease:
LESSEE:
BOARD OF COUNTY COMMISSIONERS OF PIT h COUNTY, 11111%111
By: � •
Name: Rac .1E. Richards
Title: Cha' 'man
BOARD:
STATE OF COLORADO BY THE
STATE BOARD OF LAND COMMISSIO S
By:
Na i . Tobin Follenweider
Title: Acting Director
TOWER SITE LEASE NO. COMM -49010 Revision: 10/27/2006
- Page 10of11-
/-
EXHIBIT "A"
"THE PREMISES"
STATE PROPERTY
PITKIN COUNTY
SCHOOL TRUST
TOWNSHIP Eight South (T8S), RANGE Eight -Six West (R86W)
OF THE SIXTH PRINCIPAL MERIDIAN (6TH P.M.)
Section Thirty -Six (Sec.36) Southwest Quarter (SW1 /4) 10,000 square feet, +/-
A tract of land 100 feet square situated at the highest point (elevation 8819 feet) of the mountain in the SW 1/4 of Section 36, Township 8 South,
Range 86 West, 6 P.M., Pitkin County, Colorado.
•
TOWER SITE LEASE NO. COMM -49010 Revision: 10/27/2006
- Page 11 of11-
r. uul
MAEa49 /M10 /TUE 01:14 PM Pitkin Public Works PAX No. y• /U lU bit4
J /dl
•
RIGHT OF WAY NO. 1468, Book 14
1, 1. THIS INDENTURE, Made this third day Of February ,1964 ,
2. between the STATE OF COLORADO, acting by and through the STATE HOARD OF
3. LAND COMMISSIONERS, party of the first part, and WOODY CREEK 118CREATIoN
4. ASSOCIATION Wood Creek colored°
5. , , party of the second part:
WITNESSETH
1. 2. WHEREA8, Party of the second part has made application to said
2. STATE HOARD OF LAND COMMISSIONERS, for a right -of -way over, upon, under
3. and across the surface of the hereinafter described land for the purpose of con -
4. structing, reconstructing, operating and maintaining TV Booster Station
5. and
1. 2. WHEREAS, Said State Hoard of Land Commissioners is desirous of
2. granting such right for the purpose aforesaid and none other, upon the terms
3. and conditions set forth herein.
1. 4. NOW, THEREFORE, THESE PRESENTS WITNESSETH, That the aaid
2. party of the first part, to consideration of the premises, and the further considera-
3. Lion of the sum of twangfive and NoftOO - -dollars ($ 25.00 ),
4. lawful money of the United States, by the second party to first party in hand paid,.
5. the receipt whereof is hereby confessed and acknowledged, has granted and by these
6. presents does grant unto the party Of the second part, Its successors and assigns,
7. a right-of-way over, upon, under and across the surface of the following described
8.E land, for the purpose of constructing, reconstructing, operating and raintaining
9. a TV booster station
SW Section 36 Township 8 South flans 86 West 6th P.M.
A tract of land 100 feet square situated at the
highest point (elevation 8815 feet) of the mountain
in the SW of Section 36, Township 8 South, Mange
86 West, 6th P,M., Pitkin County, Colorado.
•
•
�7
MAR, 09 /2010 /TUE 01:14 PM Pitkin Public Works
14A1 No. y'IU uLU�'f4 r, UUL
1. 5. This grant 1s made with the understanding that the party of the
2. second part must construct the facilities described above within two years from
3. date hereof, failing in which this grant shall be subject to cancellation at the option
4. of the State Board of Land Commissioners.
1. 6. The party of the second part shall have the right to construct and
2. maintain on lands of the first party only the facilities above described and shall
3. have the right to trim trees and shrubbery only if such trees or shrubbery should
4. materially interfere with or endanger the proper operation and maintenance of said
5, facilities. This right - of-way shall not be deemed to give the second party exclusive
6. posseasion of any part of the land above described.
1. '1, This grant of right-of -way is made subject to any and all easements
2. and rights-of -way heretofore legally granted and now in full force and effect, if any
3. there be.
1, 8. The party of the second part agrees to assume the risk of all in-
2. juries, 'including death resulting therefrom, to persons, and damage to and destruc-
3. tion of property, including loss of use thereof, resulting directly or indirectly,
4. wholly or in part, from the prosecution or omission of any work or obligation under-
5. taken or required by this Agreement, and to indemnify and save harmless the first
6, party from and against any and all liability arising therefrom.
1. 9. The party of the second part will pay to the party of the first part
2. the full amount necessary to Compensate the first party for damages to its property,
2. rights, franchises or privileges, including damage to crops of lessees, resulting
4.,from acts or omissions of the second party, its agents or employees, or from the
5. exercise of the right-of -way herein granted and the use of the lands of the first
6. party.
1. 10. The party of the second part shall have such rights of ingress and
2. egress as may be necessary for the construction, reconstruction, operation,
3. maintenance and removal of said facilities, but shall not. leave open, or permit to
4. be left open, any fences, bars or gates. All such fences, bars or gates which
5. may be damaged or dtaturbed in any way shall be fully restored by the second
6. party.
1. 11. The party of the second part may remove said facilities whenever
2. it may desire and forthwith, upon such removal, the right -of -way herein granted
- 2 -
•
•
•
•
•
fi.:
PAX No. '711 yLU DJ/4
UUi
MF,.R!09 /i0l0 /TUE U1:14 FM Yitkin Public Works
3. and all rights of the second party under this right - of-way shall terminate.
1. 12, The party of the second part shall not fence or otherwise obstruct
2. free and open access to and travel upon, over and across said land.
1. 13, The party of the first part shall have the right at any and all
2. time during the continuance of this right -of -way, to sell or otherwise dispose of
9. said land and to use the name for all purposes, except as necessarily limited by
4. the facility described above,
1. 14. All rights to any and all minerals, ores and metals of any kind
2. and character, and all coal, asphaltum, oil, gas or other like substances in or
3. under said land are hereby reserved to the State of Colorado. In the event the
4. party of the first part should at any time desire to occupy or use or permit the
5. occupancy or use of the lands which axe subject to the right-of -way herein granted
8, or any portions thereof for any purpose with which the aforesaid facilities would
7. interfere, including the ruining, removing, or recovering of ail minerals, ores and
8. metals of every kind and character and all coal, asphaltum and other like substances,
9. in or under said land, then the party of the first part may require the party of the
10. second part to relocate, raise, lower, disconnect or otherwtee adjust the facilities
11. described above at any location or locations where said facilities pass over and
12. across State lands, after first, in each case, receiving not Less than 90 days' prior
13. written notice from the first party. In such event, the party of the second part
14. shall be furnished a similar right -of -way over and across State lands, when avail -
16. able and suitable, free of charge, as a satisfactory right -of -way to relocate, raise,
16.1 lower, disconnect or otherwise adjust said facilities. Tn any event, not more than
17. one -half of the expense of said relocation, movement, or rebuilding shall be paid by
18. the party of the second part. •
1. 15. The party of the second part shall not sublet, in whole or In part,
Z. the right-of -way herein granted, and shan not e.seign this agreement without the
3. written consent of the first party, and it is agreed that any transfer or assignment,
4, or attempted transfer or assignment of this agreeuteut, or any of the rights hereby
5. granted, without such consent in writing, shall be absolutely void, and, at the op•'
6. tion of the first party, shall terminate this agreement.
1. 16. Any notice which may be given by the party of the first part to the
2. party of the second part may be mailed registered mail to;
. 3
•
/49r
MAi /09/2010/TUE 01:14 PM Pitkin Public Works
FAX No,'T7U U'lU 5;74 Y. UU4
3. WOODY CREEK RECREATION ASSOCIATION, Woody Creek, Colorado;
4. or such other address as second party shall furnish to the first party in writing
6. and in advance of giving such notice, and the second party agrees to advise the
5. first party of any change in said address at any time in the period this right- of--way
7. is in effect.
1.. 17. The right -of -way herein granted shall continue for as long as the
2. facilities described above are in place and maintained by the second party, provided
3. that ahould said facilities be abandoned or discontinued for a period of twelve (12)
4. eonsecative months, this right -of -way and all rights of the second party hereunder
5. shall automattcally and without notice terminate at the end of such twelve (12)
6. month period.
1. 18, The right -of -way is made for the sole and only purpose as herein
2. set forth, and no other; and in the event that the party of the second part, its
3, successors and assigns, shall at any time use or attempt to use the same for any
4. other purpose whatsoever, then and in that case this right-of -way shall become void
6. and of no effect, and any and all such rights and privileges herein granted shall re-
6. vent to the party of the first part.
1. 19. In case of a removal of said facilities, as specified in this right -
2. of -way, the party of the second part shall Olean up the lands of the party of the
3. first part from which such removal takes place to the end that such lands shall be
4, restored as nearly as possible to their condition at the time said faoilitiea were
5. constructed.
1.. { 24. IN WITNESS WHEREOF, The party of the first part has caused
2. these presents to be executed in its name and In its behalf by the State Board of
3. Land Commissioners, and has caused the seal of the State Board of Land Commis -
4. stoners to be hereunto affixed; and the party of the second part has hereunto caused
- 4 -
.f!
MAR /09 /2010 /TUE 01:14 PM Pitkin Public Works FAX No, y' /U yZU bi/4 t. uu
W- 'Type A
5. these presents to be signed by its y i^.e 3".• r/t . r 7 and
6. 5 , and its corporate seal affixed hereto,
7, the day and year first above written.
STATE or COLORADO
BOARD OF LAND COMMISSION RS
res ent/
•
• ' egister
E agan - sr
/ K roll Crnet ,feGreot i A .5 f tj
r^
By President
Attest _� °r , �
ecretary
R/W App. No. 64-66
ssrn-t Vt, 10, I o -,21- $1 r ;44.5
5 -
4 ' . kgivA
• liki4fi
j,;i'jk' et tl ...:YlCi.At,fel∎:Mf -eliad itiitC14T1::3N e!'t } ;r:K. It t X. e ahMic5 / 507 ^.. YESM Ultiffglar'S.t3.Mis- rg_ga c
r •
• ` Reception No. Loretta Banner, Recorder Recorded at 2154 PAL , P•
2 • "t Oct. 23, 1981 e' t s'• -•1s.
ASSIGNMENT OP RIGHT OF WAY :::,;.4.16 "T f Aiii: 1.4
:41' This ASSIGNMENT made this p T d,�day of Q(,�f,,cf` , 1981, •by
- the WOODY CREEK RECREATION ASSOCIATION, a Colorado 'non-profit corporation, • •
•
hereinafter called "Association ".
%.. WITNESSETHt . •
• b WHEREAS, the Association has received from the Colorado State .
-
Board of Land Commissioners a right of way (No. 1468, Book 14) dated •
,.••, .February'3, 1964, for the purpose of constructing, reconstructing, .: • •
P,.., . 4 . , 7 operating and maintaining a television booster station Upon, over, • '
c1 under and across the surface of the following described real property:
•
r, A tract of land 104 feet square' situated at the highest r• 1. ••::• - ; -; f point (elevation 8819 feet) of the mountain in the SWA . s..
r'-;= 'a
1 l,., w of Section 36, Township 8 Sotith, Range 86 West, 6th'P.M., i_
? Pitkin County, Colorado. -
%; :�. AND, WHEREAS, the Association wishes to assign •the , Board of County _ t:
:o 0: Commissioners Of Pitkin County, Colorado, any and all interest it has •
: za • .
e•: -- r • : in said right of.way. - -
}� ?~' NOW, THEREFORB, in consideration of the • surir -. of One Dollar ($1.00)
1.•:k; = 'i :- . and other and good consideration, the suiffiotency and receipt h' of whic •
2 -- %
{�< ' • is hereby - acknowledged, the Association does hereby grant, convey and
eiik ' •
:s t , assign to the Board of County Commissioners of Pitkin County, Colorado,
;}N'- `� . that certain right of way No. 1468, Book 14 from the Colorado State
0p44 Board of-Land Commissioners over the above desoribed real property. '
y .
. _
r IN WITNESS WHEREOF, the Association has executed this Assignment
,
Aid,* -
on the day and year first above given. •. •
m t. WO ODY CREEK RECREATION ASSOCIATION `
"```t ATTESTt .
BY: • i = 0 i,..f 1. ,,,,L) Ted a ...c...r • . . ..:. ' -
f '
zd:4f.4 r
� (Tlt:11) •
-, 'STATE OF COLORADO) .
`1 •
' ' ) ss _ •
y� fiS; COUNTY OF' .PI ) . •
' • •
• ��� :• .• . ,. ::.T e .go . riq was acknowledg edl'•efore nle ;fi t/{ - ' of u,, r
YO W • • s uuu +r nui . • tfx; -- � = . b�'� . - Y��t.. � and _ A � 4_r.- - the •
' - f !, fi .4.-
' ? 4 c` r .:
• *;akfs• ...P. , Y. - i r ( N . . ' - , and �. - ___ LG�1� - . , respectively,• o the Woody
9 .t: • 4 , .."- -R �, Y� I 1 � ` t .�qt J ion'A'ssociation. Witne- my hand and offiei cal
•
r . �
?n ` 1. r ' NoLatiy public �r�
i'` i My .Comm Expirosl . ./...."4. I /9'13 640 F i s"` . /� r l ' • �' ;. -. 1 - ..
'v�.r - • • : 04 it •..::: -• .' .:-•-•- *-:' • • : -:••:• .. ', .,., ..:,. ' . ' .-,-;..`-.: :-::: • -:' • -..;.! • --- :' •• '.•-• iC • . • -: •. - - • • , -:•• •••:. ••=1 ;5'
-. - ' ._n.. .... - .. •.. ...... , .•r • - .. .. .. :.. - 1. Y: ` :•'. " ! i .. ...:? r)-
•
o��s. a t kCt k_ t r .iu n•F9•• \f.` .r; 1;;\!...r +t r .r:t �,ti
t` +.-• \ \ \., t„r. a:ar_..k's. :a;eale�•a•Pii,I NA. ViVINITO.:rFra t .A._�'rt$5i OISZ gi ntrir Y'.:- afti�'c 4 c.tl,:.acciril i y> ,
T •
•
•
ACCEPTANCE OF ASSIGNMENT • : C' 4iG I1`t! Ji O `Rl.V 1 —
y The above described right of way, and all its terms and conditions,• -
is accepted by the Board of County Commissioners_of Pitkin County, • .
Colorado, this �;) ,5 - � -/ day of 4.4. , 1981. • • •
..i BOARD OF COUNTY'COMMISISONb'RS
:, ATT T t � PITKI OUNTY, COLORADO
; �`� "` • B = / `Gf�. � • •
a:,;� �': Lewis Scanlan bert' W. Child
, Deputy Clerk and Recorder • Chairman • • `� ': 1 STATE OF COL' ORADO) •
a a. t''t COUNTY OF PITICIN ) SS • • , \• - •
' • g g g ��,_ day 1[tr4, to
���t ' `t -. •
*'‘,1.t.• „�pi,,:n,,Thl:;fore oin was . acknowledged e& before me this da of , „�(”' r -
V . ,1) *Fl, ' ytRobert W. Child and Lewis Scanlan, the Chairman and Secretary, ,
} � ; } ct -.44 ve Y r County y _ {
:: ': t., . r U t ;v e of the Pitkin Count Board of CaUnt Commissioners, . '
•
•
c n; !f;' 'Sti,1.9 y hand and official seal. •
•
2_ ..._,
wt- V:_ - / / /rn�rnesu " ••• Notary •Ptiblia. {
p ` { '''•' } : M C ommissio n Expires e ,,,:, � f f Sd6• Cam f7s��,, S�� .
• , 1 `�� Ape". A Pte /..
Mf -
VC! C!
•
d
}f
•
.. - • y4��}
, - j + /l {mi .T
{{vv > _111 Th is assignment sppiased by «dst} Of the State Seard•ot Land • iioi tifi.t. rf;= --
az' t this 21st ay of Sopts�sr, 19Sir '
� � sv��r / '`'<` '
, ^
•
' iz, - • Assm't :Fee $10, t0 /2t /81, F1465 •
•A, < ;; • ' ,. . •r . .
• i...... �.fa: .,
i tir r'L•. �J''
_ rt r. ^ . •t r,. {��. p
l
r ii• •] _ •.li �:. •
•• • . ••••'•••• A i• • - / " : 1.
.\ ♦ ...ems .: , :/ 1 r%•;rf j_::�l+ti! \v -
+ • ? l�. • - ♦ ' r.. r . •... •, + • 6 •.. , � I�..l . •• 1 l.•. • • .. S.r .. • _1. at•
RECEPTION #: 582809, 09/16/2011 at
02:15:01 PM,
1 OF 21, R $0.00 Doc Code TERMINATION
Janice K. Vos Caudill, Pitkin County, CO
TERMINATION OF RIGHT -OF -WAY
THIS TERMINATION OF RIGHT -OF -WAY (this "Termination Agreement ") is entered
into effective as of the 1st day of September, 2010, by and between the Board of County
Commissioners of Pitkin County, Colorado ( "County ") and the State of Colorado acting by and
through the State Board of Land Commissioners ( "Board "). The County and Board are
collectively referred to herein from time to time as the "Parties" or may be referred to
individually as a "Party ".
Recitals
This Termination Agreement is made with respect to the following facts:
A. The Board and the Woody Creek Recreation Association entered into a Right of
Way Agreement No. 1468, Book 14 dated February 3` 1964 (the "ROW Agreement "). Woody
Creek Recreation Association assigned the ROW Agreement to the Board of County
Commissioners of Pitkin County, Colorado in an Assignment dated August 24, 1981 and
recorded at Book 416, Page 349 in the public records of Pitkin County. The right -of -way
granted in the ROW Agreement runs over and across the following described real property (the
"Premises'.") in Pitkin County, Colorado within SW1 /4 Section 36, Township 8 South, Range 86
West, 6 P.M.
A tract of land 100 feet square situated at the highest point (elevation
8819) of the mountain in the SW1 /4 of Section 36, Township 8 South,
Range 86 West, 6 P.M., Pitkin County, Colorado
B. The Parties agree to the termination of the ROW Agreement and the vacation of
the right -of -way granted by the ROW Agreement. The Parties wish to record the termination in
the real property records for Pitkin County, Colorado.
C. The Parties have entered into a Lease for the Premises dated February 1, 2011
(the "Lease ") to allow the County to operate, repair, replace, upgrade, remove, and maintain a
communications tower site and related appurtenances.
Termination and Agreement
In partial consideration of the Lease, the sufficiency of which is hereby acknowledged by
the Parties, the Parties hereby promise and agree as follows:
1. Termination. The ROW Agreement is hereby terminated and the right -of -way granted
therein is hereby vacated. The Parties shall have no rights or obligations thereunder after
the date hereof. The County does hereby convey and release to the Board the ROW
Agreement.
2. Governing Law. The validity and effect of this Termination Agreement shall be
determined in accordance with the laws of the State of Colorado.
1
3. Recordation. This Agreement shall be recorded in its entirety in the real property records
of Pitkin County, Colorado, within ten (10) days after execution hereof.
4. Entire Agreement. This Agreement contains the entire agreement of the Parties with
respect to the ROW Agreement and supersedes any prior oral or written agreements.
IN WITNESS WHEREOF, the Parties have caused this Termination Agreement to be
duly executed and delivered as of the date first above written.
BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORAD •
By:
� S
Rachel . Richards, Chai , omen
ATTEST:
REVIEWED FOR LEGAL SUFFICIENCY BY:
•
COUNTY ATTO ,RNEY
STATE OF COLORADO, acting by and through
the STATE BOARD OF LAND
COMMISSIONERS
By:
Christopher Smith, Real Estate Section Manager
STATE OF COLORADO )
) Ss.
COUNTY OF PITKIN )
This instrument was acknowledged before me on �A 2 -( f , 2011, by
C 1 E. P C m nS ? - Piro L' CUoi ,Colorado and -,12 4,110 ELL ,
fTl)tL ('r ItL /) (-Ct ant)c •
(--
_ J
otary ub is � t � ••' o „Y'
My Commission Expires: 7-! 1 7 - ) ; •
2 : cQ=
4 ?F
STATE OF COLORADO )
) Ss.
COUNTY OF DENVER )
f3 ///
The foregoing document was acknowledged before me this day of i'LYl ( , 2011 by
Christopher Smith, Real Estate Section Manager, on behalf of the State of Colorado, acting by
and through the State Board of Land Commissioners. ..
Notary Public
My Commission Expires: / 0 /21 /
mo• ...
;pCA * =
• W 4
f! /Ite. tit Y•.
3
ij
STATE OF COLORADO
STATE BOARD OF LAND COMMISSIONERS
TOWER SITE LEASE OF STATE TRUST LANDS
State Land Board Tower Site Lease No. COMM -49042
Lessee name
Site Number: 49042
Site Name: Williams Hill — Pitkin County
THIS LEASE is entered into at Denver, Colorado, this 1st day of February, 2011, by and between the State of Colorado, acting through its State
Board of L and C ommissioners ( "Board "), w hose a ddress i s 1127 Sherman S treet, Suite 3 00, Denver, C 0 8020 3, a nd the B oard of C ounty
Commissioners of Pitkin County ( "Lessee "), having an address in c/o the Pitkin County Translator Department 76 Service Center Road, Aspen, CO
81611.
WHEREAS. the State of Colorado, acting by and through the Board, owns the Premises, and desires to lease the Premises for the purpose of allowing
commercial communications providers to add antennas to an existing tower site on the Premises.
WHEREAS, the Board and the Woody Creek Recreation Association entered into a Right of Way Agreement dated February 3' 1964, (the "ROW
Agreement "). Woody Creek Recreation Association executed an Assignment of Right of Way on August 24, 1981 and recorded in the real property
records of Pitkin County at Book 416 Page 349, assigning the right of way to the Board of County Commissioners of Pitkin County. The ROW
Agreement runs over and across the Premises as described on Exhibit A.
WHEREAS, the Parties agreed to terminate the ROW Agreement and entered into a Termination of Right -of Way dated January 1,
2011 which shall be recorded in the real property records for Pitkin County, Colorado.
NOW THEREFORE,
1. DESCRIPTION OF THE PREMISES
The B oard leases t o t he L essee and L essee 1 eases from the B oard, ex elusively for t he purposes i ndicated below. the School Trust 1 ands, in the
County(s) of Pitkin, Colorado, de scribed i n E xhibit " A" (the "Premises "). The S chool Trust land w here t he P remises are situated i s legally
described in Exhibit "A" (the "Premises").
2. CONDITION OF LEASED PREMISES
Lessee represents that Lessee has had an opportunity to inspect the Premises prior to entering into this lease, and Lessee accepts the Premises in their
present condition and acknowledges t hat t he P remises are in all r espects suitable for the pur poses permitted. The Board disclaims any and al 1
obligation t o provide a ccess t o t he P remises (except a s e xpressly s et forth in th is lease), or t o fence, make an y r epairs t o o r co nstruct an y
improvements upon the Premises; and the Board does not warrant that the Premises are suitable for the permitted purposes.
3. USE OF THE LEASED PREMISES
The use of the Premises shall be limited to operating, repairing, replacing, upgrading, removing and maintaining a communications tower site and
related appurtenances ( "Facilities ") for Broadband Internet. F M/TV, Commercial Mobile Radio S ervices (CMRS) or wireless telephone service,
including cellular phones, PCS, and point -to -point wireless communications. The use of the Premises shall also include the right of ingress and
egress 24 hours per day, 7 days per week for the sole purpose of constructing, operating, repairing, replacing, upgrading, removing and maintaining
said Facilities, including the installation. repair. replacement, upgrading. and maintenance of utilities. The sole and singular user ofthe Premises
shall be the Lessee named herein and its agents and subcontractors.
TOWER SITE LEASE NO. COMM- 49010 Revision: 10/27/2006
- Page 1of11-
q
4. LEASE TERM
This lease is effective from the this 1s day of February, 2011 for the term of thirty (30) years, being until the 31st day of January, 2041 subject to
the covenants and agreements herein.
5. EXTENSION TERMS AND ADJUSTMENTS
The Board and the Lessee may agree to an extension of this lease for one (1) additional ten (10) year period on terms and conditions set forth by the
Board and agreed to by both parties provided a notice of intent to enter into such extension shall be given in writing to the Board no later than six (6)
months prior to the expiration of the initial lease term. An extension will only be granted if the Lessee is in full compliance with all requirements of
this Lease. The rental amount will be subject to review and adjustment at approximately the beginning of the ten (10) year period by the Board,
and shall replace any prior rental amount.
6. RENTAL
The rental amount for the first year shall be the sum o f Three- Thousand, S ix- Hundred Dollars and no/100 Dollars ($3,600.00), with an annual
increase ofthree percent (3 %). 1. essee shall pay to the Board the rental due each and every year during the term of this lease at the office of the
State Board of Land Commissioners, Denver, Colorado. No portion of any prepaid rental amount is refundable, unless otherwise stated herein. The
initial rent payment will be due on the first anniversary after the first sub lessee, takes occupancy of any part of the Premises, which shall not happen
until after the execution of an agreement between Lessee and sub lessee pursuant to Paragraph 18(d) herein. L essee shall provide Lessor with a
copy of any agreement between Lessee and sub lessee within three business days after its execution. The month and day of the initial rent payment
shall be the Annual Payment Date. For every year after the initial year, Lessee must pay the annual rent prior to the Annual Payment Date. In the
event there are no sub lessees, rent will be abated until the time of occupancy of a new sub lessee.
7. INSURANCE
The Lessee at its sole cost and expense, shall during the entire term hereof procure, pay for and keep in full force and affect the following types of
insurance:
A. Property Insurance
A policy of property insurance covering all insurable improvements located on the Premises (except for land, foundation, excavation, and other
matters normally excluded from coverage), in an amount not less than necessary to cover the replacement cost. S uch insurance shall afford
protection against at least the following: (i) loss or damage from fire and other perils normally covered by the standard extended coverage
endorsement; and (ii) such risks as shall customarily be covered with respect to projects similar in construction, location and use, including all
perils normally covered by the standard "all risk" endorsement where such is available. Permission is granted to Lessee to self insure this
coverage as provided in Section E below.
B. Liability Insurance
A commercial general liability insurance covering the improvements and Premises insuring the Lessee in an amount not less than two million
dollars, and c bodily injury. including death to persons. personal injury, and property damage liability. S uch coverage shall include,
without limitation, legal liability of the insured for property damage, bodily injuries and deaths of persons in connection with the operation,
maintenance or use of the Premises. Coverage shall also include all legal expenses and other costs incurred by the Board related to any claim
under this Lease.
C. Other Risks
In addition, the Lessee shall obtain insurance against such other risks of a similar or dissimilar nature, as the Board shall deem appropriate.
Lessee shall also provide workers compensation insurance.
D. General Provisions of Insurance Policies
1. All policies of insurance carried by the Lessee shall name the Lessee as insured and shall include the Board as an additional insureds.
2. The policy shall contain a provision that it cannot be cancelled until insurers have endeavored to provide at least thirty (30) days prior
written notice thereof is given to the Board.
3. Intentionally deleted
TOWER SITE LEASE NO. COMM -49010 Revision: 10/27/2006
- Page 2of11-
4. Notwithstanding anything to t he c ontrary contained he rein, t he L essee's o bligation t o car ry i nsurance as p rovided h erein m ay b e
brought within the coverage o f a "blanket" policy or policies of insurance carried and maintained by the Lessee, so long as such
policy(s) segregates the amount of coverage applicable to the Premises.
5. A current certificate(s) of insurance shall be provided to the Board prior to the commencement of this Lease. upon renewal, and at the
request of the Board. The certificate shall refer to the location of the Premises and the lease number of this lease.
E. Deductibles and Self Insurance: Any deductibles or self - insured retentions must be declared to the Board . All deductibles, retentions. or
"self- insured" amounts shall be subject to the following:
1. Lessee shall be responsible for all claims and liabilities that fall within the Lessee's deductible.
2. At such times as Lessee meets certain requirements (the "Self- Insurance Qualifications "), such limit shall be One Million and no /100
Dollars ($1,000,000.00). Lessee shall meet the Self - Insurance Qualifications from time to time if and only if Lessee has a net worth of
Five Hundred Million and No /100 Dollars ($500.000,000.00).
3. Any self - insured exposure shall be deemed to be an insured risk under this Agreement.
4. Lessee shall provide to the beneficiaries of all such amounts no less insurance protection than if such self - insured portion was fully
insured by an insurance company of the quality and caliber required hereunder.
5. At an y t ime Lessee d oes n of m eet t he S elf - Insurance Q ualifications, t he B oard m ay r equire L essee from t ime t o t ime t o s ecure
payment of any deductible or self - insured retention by a surety bond in content and form satisfactory to the Board.
8. RESTORATION BOND
Intentionally deleted to reflect the terms of the ROW Agreement.
9. SURVEY
Intentionally deleted to reflect the terms of the ROW Agreement.
10. CONSTRUCTION OF IMPROVEMENTS
A. No improvements o f Facilities (including access roads) shall be built or pl aced upon t he Premises without the prior written consent of the
Board, which shall not be unr easonably withheld, conditioned, or de layed. Lessee s hall provide de signs, construction pl ans. and building
specifications for t he B oard's r eview a nd a pproval pr for t o c onstruction of a ny i mprovements. L essee s hall not c ommence t o bui Id a ny
structure or permanent i mprovement or construct replacements, additions, or s ignificant alterations of any kind without first obtaining said
approval. Improvements pl aced upo n the Premises b y t he Lessee w ith t he B oard's w ritten a uthorization s hall be r eferred to h erein as
"Authorized Improvements ".
B. Upon the termination of this lease, and provided Lessee is not then in breach of or in default under this lease, all Authorized Improvements
shall, at the Lessee's option, either be:
1. Removed by Lessee without damage to the Premises; or
2. Sold by Lessee to a subsequent lessee.
C. All Authorized Improvements not so removed or sold within ninety (90) days after termination of this lease shall be deemed abandoned and
may, at the Board's option. be removed by the Board at the Lessee's expense. retained by the Board for use by subsequent lessees, or sold
by the Board with all proceeds going to the Board. Lessee shall not be entitled to compensation for, or to sell or remove, any authorized
improvements when the lease is terminated by the Board for violation by the Lessee of the lease provisions.
11. NO PARTNERSHIP
Nothing in this lease shall cause the Board in any way to be construed as a partner, a joint venturer or associated in any way with the Lessee in the
operation of the Premises. or subject the Board to any obligation. loss, charge or expense connected with or arising from the operation or use of the
Premises or any part thereof.
TOWER SITE LEASE NO. COMM- 49010 Revision: 10/27/2006
- Page 3ofll-
12. MAINTENANCE AND REPAIR
'The Board shall have no duty of maintenance or repair with respect to the Premises or any improvements constructed thereon. The Lessee shall
keep and maintain the Premises and improvements thereon in constant good order and repair in the same condition as when initially constructed,
ordinary wear and tear excepted. All repairs made by the Lessee shall be at least equal in quality to the original improvements.
13. DAMAGE OR DESTRUCTION
In case of damage to or destruction of the Premises or any part thereof. by any cause whatever. the Lessee shall give or cause to be given to the
Board prompt notice o f such occurrence and shall promptly proceed with due diligence to repair, restore, replace or rebuild so as to make the
Premises at least eq ual i n q uality t o the or iginal i mprovements, or r emove a 11 improvements a nd restore t he P remises to its c ondition p rior to
implementation of the ROW Agreement and construction of the Antenna Facilities or Authorized Improvements.
14. TAXES, UTILITIES AND OTHER EXPENSES
To th e e xtent allowed b y I aw, it is unde rstood a nd agreed t hat t his Leases hall bean et I ease with r espect t o the B oard, an d t hat al I t axes,
assessments, insurance, utilities and other operating costs including those which could otherwise result in a lien being placed against the Premises as
well as the cost of all repairs, remodeling, renovations, alterations, and improvements, and all other direct costs, charges and expenses of any kind
whatsoever respecting the Premises shall be borne by the Lessee and not by the Board so that the rental return to the Board shall not be reduced,
offset or diminished directly or indirectly by any cost or charge, nor subject to suspension or termination for any cause.
15. INSPECTION RIGHTS
The Board or its authorized representatives may from time to time. at any reasonable hour, and with prior notice and escort, enter upon and inspect
the Premises, or any portion thereof or improvements thereon to ascertain and secure compliance with this Lease. but without obligation to do so or
liability therefor. However, no prior notice or escort shall be required by the Board to enter upon and inspect unfenced areas of the Premises and in
emergencies. Lessee hereby grants to the Board a non - revocable license for such access over and across Lessee's other lands during the term of this
lease.
16. LIABILITY AND INDEMNITY
A. The Board shall not be liable to the Lessee, its agents, employees, invitees, patrons or any other person whomsoever, for injury to or death
of any person or damage to or loss of property in. upon or adjacent to the Premises or other property contiguous or appurtenant thereto,
which may arise during the Lessee's development, use or occupancy of the Premises or by any person so doing through or under the Lessee
or with its permission, express or implied, unless and to the extent caused by the Board's negligence. The Lessee further waives any claim
against the Board regarding the Board's approval or disapproval of any plans or specifications whether or not defective.
B. The Lessee agrees to indemnify the Board, to the extent allowed by law. and save it harmless against and from any and all claims by or on
behalf of any person(s), firm(s), corporation(s) arising from the conduct or management of or from any work or thing done on or about the
Premises and to indemnify and save the Board harmless against and from any and all claims arising during the term hereof from: (i) any of
those matters specified in this Article; (ii) any breach or default on the part of the Lessee hereunder: and (iii) any act or omission of the
Lessee or any of its agents, contractors, servants, assignees. employees, invitees or licensees, on or about the Premises or other property
contiguous or appurtenant to the Premises, including all costs, attorneys fees, expenses and liabilities incurred in or about any such claim or
any action or proceeding brought thereon; and in case any action or proceeding be brought against the Board by reason of any such claim
upon notice from the Board, the Lessee covenants to promptly effect the dismissal thereof or to diligently resist and defend such action or
proceeding by counsel satisfactory to the Board. at the sole cost and expense of the Lessee. The foregoing indemnity, defense and hold
harmless obligations shall not apply to claims or losses to the extent that they are caused by the Board's negligence.
17. RESERVATIONS TO THE BOARD
This lease is subject to any and all presently existing easements. rights -of -way and other interests. whether or not visible on t he ground; and, in
addition to its reversion upon termination of this lease, the Board hereby reserves:
A. The right to sell, exchange, or otherwise dispose of all or any portion of the Premises during the term of this lease.
B. The right to cancel this lease as to all or any portion of the Premises, upon one year's prior written notice to the Lessee, if the Board elects
to sell, exchange, otherwise dispose of, or otherwise lease all or any portion of the Premises free and clear of this lease. refunding to Lessee
the unearned portion of the prepaid rental amounts.
TOWER SiTE LEASE NO. COMM -49010 Revision: 10/27/2006
- Page 4of11-
7
C. The right to lease all or any portion of the premises to other persons for the purposes of exploring for and removing timber, minerals, ores,
metals, coal, asphaltum, oil, gas, sand, gravel, clay, quarry products, peat, geothermal resources, and all other naturally occurring resources,
together with reasonable and adequate rights of entry and surface rights necessary or convenient to exercise such reserved rights, so long as
the exercise of such rights do not unreasonably interfere with Lessee's authorized use of the Premise including but not limited to the right,
upon three- hundred and sixty- (360) days' prior written notice to the Lessee. to cancel this lease as to all or any portion of the Premises,
refunding to Lessee the unearned portion of the prepaid rental amounts.
D. All water, water rights, ditch rights, water stock and/or ditch stock appurtenant to or used in connection with the Premises including wells,
rights in ditch. water in canal organizations or companies. All such uses shall be and remain the property of the Board. The Lessee may
not explore, drill, or establish any water use right or well without written permission of the Board. If the Lessee establishes or adjudicates
any water right or use on the Premises, it shall be in the name of the Board.
E. The right to administrative access to the Premises under Section 15 above entitled "INSPECTION RIGHTS ".
F. The right at any time to grant any right -of -way or easement upon, over or across all or any portion of the Premises so long as the exercise
of such rights does not unreasonably interfere with Lessee's authorized use of the Premises. If and when such right -of -way or easement is
granted, the Lessee shall be compensated by the grantee for any damages to Lessee's personal property and leasehold improvements.
G. The right to put the Premises to additional uses by granting additional leases, permits, access, or rights to the Premises or any portion
thereof, at a ny t ime and for a ny pur pose, i ncluding b ut not limited t o h unting, fishing and other r ecreational p urposes so 1 ong a s t he
exercise of such rights do not unreasonably interfere with Lessee's authorized use of the Premises.
H. All rights, privileges and uses of every kind or nature not specifically granted to Lessee by this lease so long as the exercise of such rights
does not unreasonably interfere with Lessee's authorized use of the Premises.
18. ASSIGNMENTS, SUBLEASING AND ENCUMBRANCES
This lease shall be binding on the parties hereto, their heirs, representatives, successors, and permitted assigns.
A. This lease shall not be assigned, transferred or sold, voluntarily or by operation of law. without the prior written consent and upon such
terms and conditions as determined by the Board, which shall not be unreasonably withheld, conditioned, or delayed. It shall he understood
that any name change, or changes in ownership of the Lessee shall he considered an assignment. A change in name and /or ownership
resulting from a merger or acquisition between Lessee. Cingular Wireless, and/or AT &T Wireless Services Inc., its partners, members or
affiliates shall be considered an approved assignment. Lessee s hall be required to submit an assignment fee o f ten percent (10 %) of the
current annual rental amount at the time of its notification to the Board. There shall be no partial assignments of this lease.
B. Assignment or other transfer without written consent of the Board shall not effect a novation of this lease, and shall, nevertheless, make the
assignee r esponsible an d liable, along w ith t he L essee, for p erforming t his I ease. T he acceptance b y t he B oard of an y p ayment d ue
hereunder from any person other than the Lessee shall not be deemed a waiver by the Board of any provision of this lease or to be consent
to any assignment.
C. Subleasing, e ncumbering. pledging or otherwise t ransferring t his 1 ease i s e xpressly pr ohibited u nder t he t erms of t his I ease except as
expressly provided in this lease.
D. Subleasing (including co- location of facilities not belonging to Lessee) is prohibited without the prior written consent of the Board, which
consent will not be unreasonably withheld, conditioned or delayed. Lessee shall request and obtain the Board's approval of any proposed
subleasing or co- location of facilities prior to entering into any agreement to co- locate and prior to co- location of facilities on the Premises.
Within thirty- (30) calendar days of the anniversary date of this lease (one -year after this lease is entered into and each subsequent one -year
date thereafter), t he Lessee s hall provide a r eport of all ap proved subleases including an accounting o f 1 he related sublease income an d
gross receipts received, including in -kind services and equipment. At that time, Lessee shall pay to the Board an amount equal to 25% of
gross r eceipts r eceived d uring t he p revious y ear from s ubtenants. Lessor h ereby gives i is co nsent for L essee t o s uhlease t o Skybeam
without additional payment per this paragraph. Payments to Lessee under the Skybeam sublease shall not be included in the gross receipts
used to calculate the additional payments owed to the Lessor for subleases.
E. Lessee shall be responsible to assure that the sublessees comply with all the terms, conditions, and covenants of this lease. A breach or
default of this lease by a sublessee shall be considered a breach of the lease as if the Lessee had committed the breach.
TOWER SITE LEASE NO. COMM -49010 Revision: 10/27/2006
- Page 5ofll-
•
19. PROTECTION, CONSERVATION AND COOPERATION
Lessee shall not permit, commit, or allow, and shall protect the Premises against, any loss, damage, any dangerous c ondition, injury, o r waste,
except as caused by persons granted other uses of the Premises by the Board. L essee may use the Premises only for the purposes granted and in
accordance with good resource conservation practices. Lessee shall not cut, remove, or use or allow to be cut, removed or used, any timber or trees,
or remove, use or allow to be removed or used any minerals, ores, metals, coal. asphaltum, oil, ga s, sand, g ravel, clay, quarry products, peat,
geothermal resources or other naturally occurring resources unless approved in advance in writing by the Board. Lessee shall conduct all activities
on the Premises in a manner that protects soil fertility and forage production, and does not contribute to soil erosion, noxious weeds or pests. Lessee
shall comply with all applicable federal, state and local laws, ordinances, and regulations, including but not limited to criminal. land use, fencing,
noxious weed, environmental, wetlands protection, hazardous waste, health and safety laws, ordinances and regulations.
20. DEFAULTS AND REMEDIES
A. Defaults
The occurrences of any one or more of the following events shall constitute a default hereunder by the Lessee:
1. Failure by the Lessee to make any payment of rental or other payment of additional rental or charge required to be made by the Lessee
hereunder, as and when due.
2. Use of the Premises by the Lessee, its successors and assigns or attempted use oft he Premises for any other purpose than those
permitted by this lease without the written consent of the Board.
3. Failure by the Lessee to perform any of the covenants, conditions or requirements contained herein. Provided further that if the nature
of the Lessee's default is such that more than thirty (30) days are reasonably required to cure such default then the Lessee shall not be
deemed to be in default if the Lessee shall commence such cure within said thirty (30) day period and thereafter diligently pursue such
cure to completion.
Any of the above events of default may be cured by the Lessee within thirty (30) days after written notice thereof from the Board to the Lessee
in accordance with Section 25.I below, entitled "Notices ".
B. Remedies
In any event of de fault and in addition to any or all other rights or remedies o f the Board hereunder or by the law provided, the Board may
exercise the following remedies at its sole option:
1. Termination. Terminate the Lessee's right to possession of the Premises by any lawful means, in which case this lease shall terminate
and the Lessee shall immediately surrender possession of the Premises to the Board according to the terms of Section 21 below.
entitled "SURRENDER". In such event of termination the Board shall be entitled to recover from the Lessee:
a. The unpaid rental, taxes and damages which have accrued up until the time of termination together with interest; and
b. Any other amount necessary to compensate the Board for the Lessee's failure to perform its obligations under this lease or which
would be likely to result therefrom, including, but not limited to, the cost of recovering possession of the Premises, expenses o f
retelling, including necessary repair, renovation and alteration of the Premises, reasonable attorneys fees, and any other reasonable
costs.
c. The interest shall be three percent (3 %) per month or portion thereof. Said interest shall accrue from the dates such amounts accrued
to the Board until paid by the Lessee.
2. Rental During U nlawful Detainer. I n any successful act ion for unlawful detainer commenced by the Board ag ainst t he Lessee b y
reason of any de fault hereunder, the reasonable rental value of the Premises for the period of the unlawful detainer shall be two (2)
times the current rental and other charges or payments, prorated on a per diem basis, to be made by the Lessee under this lease for
such period.
3. Interest and Processing Fees. Interest and processing fees in the amount of three percent (3 %) per month or portion thereof shall be
imposed for 1 ate payments a nd improper or partial pa yments. S aid i nterest and processing fees shall accr ue from t he d ates s uch
amounts accrued to the Board until paid by the Lessee.
4. Cumulative Rights. The rights and remedies reserved to the Board, including those not specifically described, shall be cumulative,
and the Board may pursue any or all of such rights and remedies. at the same time or separately.
TOWER SITE LEASE NO. COMM -49010 Revision: 10/27/2006
- Page 6of11-
9
21. SURRENDER
A. Upon expiration or termination of this lease, the Lessee shall peaceably and quietly leave, and surrender possession of the Premises to the
Board. and at its own expense shall promptly and diligently within thirty (30) days remove, demolish and/or clear off from the Premises all
improvements and personal property a nd r estore t he P remises t o its condition pr for to t he R OW Agreement. Any i mprovements and
personal property remaining a fter t hirty (30) days s hall, at t he option oft he B oard, be come t he property of the B oard, at the B oard's
discretion. T he Board c an s eek reimbursement from Lessee for any c osts associated w ith r emoving a nd disposing of a ny property o r
improvements remaining on the Premises after thirty (30) days.
B. Notwithstanding any provisions to the contrary, the Lessee shall have no r ight to remove, alter or demolish all or part of the Lessee's
improvements at anytime the Lessee is in default or breach of any term, provision or covenant of this lease.
22. HAZARDOUS SUBSTANCES
A. The Lessee s hall not place, s tore, use or dispose on the Premises, temporarily or permanently, any substance t hat i s hazardous, toxic,
dangerous or harmful or which is defined as a hazardous substance by the Comprehensive Environmental Response Compensation and
Liability Act, 42 USC §9601; except any potentially "hazardous substance" contained within batteries installed by Lessee at the Premises,
which s hall be used and stored i n compliance with a 11 federal, state, and I ocal environmental 1 aws for t he sole purpose of supplying
electrical power to the Facilities. These substances shall be referred to collectively as "hazardous substances ".
B. The Lessee is also prohibited from storing any gasoline or other fuel on the Premises without the Board's prior written permission; except
Lessee is permitted to store diesel, propane or gasoline fuel in a tank on the Premises for the sole purpose of supplying fuel to the Facilities
in the event of an electrical power outage, provided that a spill containment structure is installed in a manner that is capable of holding the
entire volume of the tank in the event of a tank spill or rupture. Such written permission shall be at the Board's sole discretion and upon
such terms and conditions as determined by the Board.
C. The Lessee shall immediately notify the Board of all spills, releases, inspections, correspondence, orders, citations, notices, fines, response
and/or cleanup actions, and violation of laws. regulation or ordinance which effect the Premises.
23. CONDEMNATION
A. In t he event B oard r eceives not ification of a ny c ondemnation pr oceedings a ffecting t he P remises, B oard will pr ovide not ice of t he
proceeding to Lessee within ten (10) business days.
B. If a 11 of t he Premises a re t aken by a ny publ is a uthority under t he power of e minent d omain, t his 1 ease s hall t erminate as o ft he d ate
possession was taken by said public authority pursuant to such condemnation. If part of the Premises is taken and, in the opinion of either
the Board or the Lessee, it is not economically feasible to continue this lease, either party may terminate this lease.
C. Such termination by either party shall be made by notice to the other party given not later than thirty (30) days after possession is so taken.
If part of the Premises is taken and neither the Board nor the Lessee elects to terminate this lease, the payment due under this lease shall be
abated in the same proportion as the portion of the Premises so taken bears to the whole of the Premises.
D. All damages awarded for the taking or damaging of all or any part of the Premises, or Board -owned improvements thereon, shall belong to
and become the property of the Board, and the Lessee hereby disclaims and assigns to the Board any and all claims to such award. Th e
Board shall not claim any interest in any authorized improvements. Lessee may pursue a separate award from the condemnation authority
for its relocation expenses and for the loss of or damage to its Facilities.
E. If the temporary use (defined as less than one year) of the whole or any part of the Premises shall be taken at any time during the term of
this lease, the Lessee shall give prompt notice thereof to the Board; however, the term, rentals and other obligations of the Lessee under this
lease shall not be reduced or affected in any way. The Lessee shall be entitled to compensation as determined by applicable law for any
such temporary taking of the Premises.
TOWER SITE LEASE NO. COMM -49010 Revision: 10/27/2006
- Page 7of11-
/9
24. LIENS AND CLAIMS
A. Mechanics' Liens
1. The L essee s hall not suffer or permit to be enforced against t he Premises, or any part thereof, o r any i mprovements t hereon, any
mechanics', materialmen's, contractors', or subcontractors' liens arising from, or any claim for damage growing out of the work of any
construction, repair. restoration. replacement or improvement by Lessee, or any other claim or demand howsoever the same may arise,
but the Lessee shall pay or cause to be paid all of said liens, claims, or demands before any action is brought to enforce the same
against the Premises or improvements.
2. To the extent allowed by law, the Lessee agrees to defend, indemnify and hold the Board and the Premises free and harmless from all
liability for any and all such liens, claims, demands, and actions (collectively, the "liens ") together with reasonable attorneys fees and
all costs and expenses in connection herewith.
B. Rights to Contest
Notwithstanding the foregoing, if the Lessee shall in good faith contest the validity o f any such lien, then the Lessee shall at its sole expense
defend itself and the Board against the same and shall pay and satisfy any adverse expense or cost or adverse judgment that may be rendered
thereon before the enforcement thereof against the Board or the Premises, upon the condition that if the Board shall require, the Lessee shall
furnish a surety bond satisfactory in form and amount to the Board. S aid bond shall not be less than one hundred twenty percent (120 %) o f
such contested lien indemnifying the Board against liability for the same. and holding the Premises free from the effect of such lien.
C. Posted Notice
The Lessee shall, upon execution of this lease at its cost, prepare a Notice, pursuant to CRS §38 -22 -105. and cause the same to be posted for
the purpose of protecting the Board against any liens or encumbrances upon t he Premises b y reason of work, labor, services o r materials
contracted for or supplied to the Lessee.
25. MISCELLANEOUS
A. False Statements
Any false certification or statement by the Lessee in the application. public disclosure statement or qualification o f financial responsibility
statement required to be submitted with the application for the lease, or in any other document or report required to be submitted under this
lease, shall at the discretion of the Board, result in termination of this lease and an action for damages.
B. Lease Document Controls
In the event of inconsistency or conflict between this lease and documents incorporated herein by reference, this lease agreement shall control.
C. Compliance with Laws
The Lessee s hall comply with all applicable federal, state an d 1 ocal ordinances, regulations an d laws regarding the P remises and act ivities
conducted thereon or by virtue thereof. Furthermore the Lessee shall not use or permit the Premises to be used in violation of any such rule,
regulation or law or for any purpose tending to damage or harm the Premises or i mprovements thereon or adjacent thereto, or the image or
attractiveness thereof, or for any improper, offensive or immoral use or purpose, or in any manner which shall constitute waste, nuisance or
public annoyance.
D. Lessee's Authority
If the Lessee is an entity other than an individual, each individual executing this lease on behalf of said entity represents and warrants that he or
she is duly authorized to execute and deliver this lease on behalf of said entity and that this lease is binding upon said entity in accordance with
its terms. The Lessee shall deliver a certified copy of the appropriate document evidencing authorization for such execution.
E. Entire Agreement
This lease and all documents incorporated herein by reference represent the entire agreement between the parties hereto. No oral agreement or
implied covenant shall be held to vary the provisions hereof.
TOWER SITE LEASE NO. COMM -49010 Revision: 10/27/2006
- Page 8of11-
/7
F. Amendments •
This lease shall not be amended or ratified except by written document executed by the parties hereto.
G. Certain Rules of Construction
Time is of the essence in the performance of this lease. Unless the context clearly implies otherwise, each and every act to be performed or
obligation to be fulfilled by the Lessee under this lease shall be performed or fulfilled at the Lessee's sole cost and expense.
H. Governing Law and Venue
This lease shall be governed by and construed in accordance with the laws of the State of Colorado and Venue shall be in the City and County
of Denver.
I. Notices
Every notice, demand, request designation, consent, approval or other document or instrument required or permitted to be served hereunder
shall be in writing, shall be deemed to have been duly served on t he day o f receipt or rejection and shall be sent by registered or certified
United States mail, postage prepaid, return receipt requested, or by a nationally recognized overnight courier service which provides written
evidence of delivery, as addressed to the parties hereto. The parties may change the place for serving of such papers on it, or provide for the
delivery of not more than two (2) additional copies, by giving the other party at least thirty (30) days prior written notice to such effect. Notices
shall be sent to:
Lessee: Board:
Board of County Commissioners of Pitkin County Colorado State Board of Land Commissioners
c/o Translator Dept. /co COMM
76 Service Center Road 1127 Sherman Street Suite 300
Aspen, CO 81611 Denver CO 80203
With copy to:
Pitkin County Attorney
530 E. Main Street Ste 302 •
Aspen, CO 81611
J. Severability
If for any reason provisions of this lease or the application thereof to any person or circumstances, shall to any extent, be deemed invalid or
unenforceable, t he r emainder o f this I ease s hall n ot n ecessarily b e a ffected t hereby an d e ach p rovision o f t he 1 ease s hall b e valid an d
enforceable to the fullest extent permitted by law.
K. Costs of Suit: Attorneys Fees
In the event that the Board shall, without fault on the Board's part, be made party to any litigation instituted by the Lessee or by any third party
against the Lessee, or by or against any person holding under or using the Premises by license of the Lessee, or for the foreclosure of any lien
for 1 abor or material fumished t o or for t he Lessee or any such of her pe rson or ot herwise a rising out of or resulting from a ny a ction or
transaction of the Lessee or of any such other person, the Lessee hereby indemnifies and holds t he Board harmless from and against an y
judgment rendered against the Board or the improvements or any part thereof, and all costs and expenses, including reasonable attorneys fees,
incurred by the Board in or in connection with such litigation.
26. HOLDING OVER
If Lessee remains in possession of the Premises after the termination of this lease (by expiration or otherwise) Lessee shall be liable for rental during
such holdover possession. The rental shall not be Tess than the rate agreed upon in this lease. and the Board may fix a new rate, which shall be paid
by the Lessee during continued occupancy. At the B oard's option, the Lessee shall be construed to be in possession of t he Premises and to be
occupying the same so long as the Premises are used in any way to any extent by Lessee, or so long as any ofhis authorized or unauthorized
improvements remain on the Premises. Continued occupancy shall not establish a new or extended lease term or other right, no matter how long
maintained and regardless of the Board's knowledge thereof.
TOWER SITE LEASE NO. COMM -49010 Revision: 10/27/2006
- Page 9of11 -
/4
27. BOARD'S AUTHORITY
This lease is entered into pursuant to the authority granted to the Board by Colorado law.
28. ADDITIONAL CONDITIONS
Additional conditions, if any, are set forth on an attached rider(s), and made a part hereof. In addition, the following shall apply and supersede any
conflicting terms or conditions set forth above:
A. Lessee may terminate this Agreement upon written notice to the Board with ninety (90) days' notice.
B. Warranties.
1. Tenant and Landlord each acknowledge and represent that it is duly organized, validly existing and in good standing and has the right,
power and authority to enter into this Agreement and bind itself hereto through the party set forth as signatory for the party below.
2. Landlord represents and warrants that: (i) Landlord solely owns the Property as a legal lot in fee simple. or controls the Property by
lease or license; (ii) the Property is not encumbered by any liens, restrictions, mortgages, covenants, conditions, easements, leases, or
any other agreements of record or not of record, which would adversely affect Tenant's Permitted Use and enjoyment of the Premises
under this Agreement; (iii) as long as Tenant is not in default then Landlord grants to Tenant sole, actual, quiet and peaceful use,
enjoyment and possession of the Premises: (iv) Landlord's execution and performance of this Agreement will not violate any laws,
ordinances, covenants or the provisions of any mortgage, lease or other agreement binding on the Landlord: and (v) if the Property is
or becomes encumbered by a deed to secure a debt, mortgage or of her security interest, Landlord w ill use best a florts to provide
promptly to Tenant a mutually agreeable Subordination, Non - Disturbance and Attomment Agreement.
IN WITNESS WHEREOF, the Board and the Lessee, by their signatures below, agree to the terms of this lease:
LESSEE:
BOARD OF COUNTY COMMISSIONERS OF PIT 1■ COUNTY.
/ `
By: '�
Name: Rac •1 E. Richards
Title: Chai roman
BOARD:
STATE OF COLORADO BY THE
STATE BOARD OF LAND COMMISSIO S
By:
Na . Tobin Follenweider
Title: Acting Director
TOWER SITE 1,EASE NO. COMM -49010 Revision: 10/27/2006
- Page 10 of 11 -
/3
EXHIBIT "A"
"THE PREMISES"
STATE PROPERTY
PITKIN COUNTY
SCHOOL TRUST
TOWNSHIP Eight South (T8S), RANGE Eight -Six West (R86W)
OF THE SIXTH PRINCIPAL MERIDIAN (6TH P.M.)
Section Thirty -Six (Sec.36) Southwest Quarter (SW1 /4) 10,000 square feet, +/-
A tract of land 100 feet square situated at the highest point (elevation 8819 feet) of the mountain in the SW 1/4 of Section 36, Township 8 South,
Range 86 West, 6 P.M., Pitkin County, Colorado.
TOWER SITE LEASE NO. COMM -49010 Revision: 10/27/2006
- Page 11 of11- y
/ /
8Xki b
UU1
MA-99 /''t 0 /TUE 01:14 PM Pitkin Public Works
rAX No, TM 5'14 r,
u /61 •
RIGHT OF WAY NO. 1468, Book 14
1. 1. THIS INDENTURE, Made this th ird day of February
2. between the STATE OF COLORADO, acting by and through the STATE BOARD OF
3. LAND COMMISSIONERS, party of the first part, and WooDY CREEK RECREATION
4. ASSOCIATION, Woody Creek, Colorado
5. , party of the second part:
WITNESSETH
1. 2. WHEEEAB, Party of the second part has made application to said
2. STATE BOARD OF LAND COMMISSIONERS, for a right -of -way over, upon, under
3. and across the surface of the hereinafter deecribed land for the purpose of con -
4. structing, reconstructing, operating and maintaining TV Bolster Station
5. and
1. 3. WHEREAS, Said State )3oard of Land Commissioners is desirous of
2. granting such right -of -way for the purpose aforesaid and none other, upon the terms
3. and conditions set forth herein.
i. 4. NOW, THEREFORE, THESE PRESENTS WITNESSw:TH, That the said
2. party of the first part, in consideration of the premises, and the further coasidera-
3. tion of the sum of twent -five and No/100 dollars ($ 25.00 ).
! •
4. lawful money of the United States, by the second party to first party in hand paid,.
5. the receipt whereof Is hereby confessed and acknowledged, has granted and by these
6. presents does grant unto the party of the second part, its successors and assigns,
7., a right-of-way over, upon, under and across the surface of the following described
6.k land, for the purpose of constructing, reconstructing, operating and maintaining
S. a TV booster. station
SW Section 36 Township 8 South Pan =e 86 West 6th P.M.
A tract of land 100 feet square situated at the
highest point (elevation 881,5 feet) of the mountain
in the SWJ of Section 36, Township 8 South, Mange
86 West, 6th P.M., Pitkin County, Colorado.
3
MAR,�09 /2010/TUE 01:14 PM Pitkin Public Works
HEX No, VU y'lU 5j'i4 r, UUL
1. 5. Tide grant is made with the understanding that the party of the
2. second part must construct the facilities described above within two years from
3. date hereof, failing in which this grant shall be subject to cancellation at the option
4. of the State Board of Land Commissioners.
1. 6. The party of the second part shall have the right t6 construct and
2. maintain on lands of the first party only the facilities above described and shall
3, have the right to trim trees and shrubbery only if such trees or shrubbery should
4. materially interfere with or endanger the proper operation and maintenance of said
3, facilities. This right -of -way shall not be deemed to give the eecond party exclusive
6. poeseaeion of any part of the land above described.
1, 7, This grant of right - of-way is made subject to any and all easements
2. and rights - of-way heretofore legally granted and now in full force and effect, if any
3. there be.
1, 8. The party of the second part agrees to assume the risk of all fn-
2. juries, including death resulting therefrom, to persone,•and damage to and destruc-
3. tion of property, including loss of use thereof, resulting directly or indirectly.
4. wholly or in part, from the prosecution or omission o£ any work or obligation under -
5. taken or required by this Agreement, and to indemnify and save harmless the first
6, party from and against any and all liability arising therefrom.
1. 9. The party of the second part will pay to the party of the first part
2. the full amount necessary to compensate the first party for damages to its property,
3. rights, franchisee or privileges, including damage to crops of lessees, resulting
4. , from acts or omissions of the second party, its agents or employees, or from the
5. exercise of the right -of -way herein granted and the use of the lands of the first
6. party.
1, 10, The party of the second part shall have such rights of ingress and
2. egress as may be necessary for the construction, reconstruction, operation,
3. maintenance and removal of said facilities, but shall not leave open, or permit to
4, be left open, any fences, bars or gates. All such fences, bars or gates which
5. may be damaged or disturbed in any way shall be fully restored by the second
6. party.
1. 11, The party of the eecond part may remove said facilities whenever
2. it may desire and forthwith, upon such removal, the right- of-way herein granted
- 2 -
•
•
M4R/09 /E /TUE U1:14 PM Yitkin YubIiC Works
•
PAL No, y'!U TZU 51.14 rr UU3
3. and all rights of the second party under this right - of-way shall terminate.
1. 12, The party of the second part shall not fence or otherwise obstruct
2, free and open acceas to and travel upon, over and across said land.
1. 13, The party of the first part shall have the right at any and all
2. times during the continuance of this right -of -way, to sell or otherwise dispose of
3. said land and to use the same for all purposes, except as necessarily limited by
4. the facility described above,
1. 14. All rights to any and all minerals, ores and metals of any kind
2. and character, and all coal, asphaltum, oil, gas or other like substances in or
3. under said land are hereby reserved to the State of Colorado, In the event the
4. party of the first part should at any time deeire to occupy or use or permit the
5. occupancy or use oC the lands which are subject to the right-of -way herein granted
8, or any portions thereof for any purpose with which the aforesaid facilities would
7. interfere, including the mining, removing. or recovering of all minerals, ores and
8, metals of every kind and character and all coal, asphaltum and other like substances,
9. in or under said land, than the party of the first part may require the party of the
10. second part to relocate, raise, lower, disconnect or otherwise adjust the facilities
11. described above at any location or locations where said facilities pees over and
12. across State lande, after first, In each case, receiving not leas than 90 days' prior
13. written notice from the first party. In such event, the party of the second part
14. shall be furnished a similar right -of -way over and across State lands, when avail -
15. able and suitable, free of charge, as a satisfactory right - of -way to relocate, raise,
16.' lower, disconnect er otherwise adjust said facilities. hi any event, not more than
17, one -half of the expense of said relocation, movement, or rebuilding shall be paid by
18. the party of the second part. •
1. 15. The party of the second part shall not sublet, in whole or in part,
2. the right -of -way herein granted, and shall not assign this agreement without the
3. written consent of the first party, and it is agreed that any transfer or assignment,
4. or attempted transfer or assignment of this agreement, or any of the rights hereby
5. granted, without such consent in writing, shall be absolutely void, and, at the op-'`
6. tion of the first party, shall terminate this agreement.
1. 16. Any notice which may be given by the party of the first part to the
2. party of the second part may be mailed regiatered mail toi
- 3
•
//
MAi /09 /2010 /TUE 01:14 PM Pitkin Public Works
•
FAX No, 9'/U 92U 5374 Y. UU4
3; t1OOBY CREEK RECaEATION A5 OCIATTON, Woody Creek, Colorado;
4. or such other address as second party shall furnish to the first party in writing
b. and in advance of giving such notice, and the second party agrees to advise the
6. first party of any change in said address at any time in the period this right - of-way
7. is in effect.
1., 17. The right -of -way herein granted shall continue for as long as the
2. facilities described above are in place and maintained by the second party, provided
3. that should said facilities be abandoned or discontinued for a period of twelve (12)
4. consecptive mouths, this right -of -way and all rights of the second party hereunder
5. shall automatically and without notice terminate at the end of such twelve (12)
6. month period.
1. 18, The right-of -way is made for the sole and only purpose as herein
2. set forth, and no other; and in the event that the party of the second part, its
3. successors and assigns, shall at any time use or attempt to use the same for any
4. other purpose whatsoever, then and in that case this right -of -way shall become void
5. and of no effect, and any and all such rights and privileges herein granted shall re-
6. vert to the party of the first part.
1. 19. In case of a removal of said facilities, as specified in this right -
2. of-way, the party of the second part shall clean up the lands of the party of the
3. first part from which such removal takes place to the end that such lands shall be
4, restored as nearly as possible to their condition at the time said facilitiea were
5. constructed.
1.. 20. 11 WITNESS WHEREOF, The party of the first part has caused
2. these presents to be executed in its name and in its behalf by the State Board of
3. Land Commissioners, and has canoed the seal of the State Board of Land Commis -
4. sioaere to be hereunto affixed; and the party of the second part has hereunto caused
4
•
/ A::
MAY/09/2010/TUE 01:14 Hi Pitkin Public Works FAX NO. T/U ZU bd74 r. UUD
W- A
5. these presents to be signed by its /so e 7 and
6. / , and its corporate seal affixed hereto,
7, the day and year first above writtea.
STATE or COLORADO
BOARD OF LAND COMMISSION RS
r es ent
„/.
-
•
egieter
• 1
- dr
,
Engin sr
By
President
Attest • r
ecretary
R/W App, No. 64-66
finooTr.
•
•
ssorI Fee, 0 /0-021- li 14 65
- 5
•
• Ait;4 •
'i tita....2i r =.mt-* x xM3.G •.;aYll.Ex r •i3N
't t!>i:,atiY:r: ?;�: Cu KtE+',Y
e.tura.svms wt.2- :`eimurtt- rzo..attaYi .iti , t; /
Reception No. ' Loretta Banner, Recorder Recorded at 2:54 PM. - • NI "
• N • . ?:Z 1U E; of Oct. 23 , 1981 :F• '
• 1L 4
ASSIGNMENT OF RIGHT OF WAY {� ntiL �y
This ASSIGNMENT made this 9 -( day of � (,,q,,,41" _, 1981, by S
•
the WOODY CREEK RECREATION ASSOCIATION, a Colorado profit corporation, . •
hereinafter called "Association ". '
WITUESSETHi '
WHEREAS, the Association has received from the Colorado State •
r- • • Board of Land Commissioners a right of way (No. 1468. .Book 14) dated .
' February'3, 1964, for the purpose of constructing, reconstructing, .:
i,i': operating and maintaining a television booster station upon, over, •
.,':%'- under and across the surface of the following described real property:
X „qi A tract of land 100 feet square situated at the highest i
+ �; ; ; z point (elevation 8819 feet) of the mountain in the SW4 (. .
t ' - of Section 36, Township 8 South, Range 86 West, 6th'P.M., •
ms Pitkin County, Colorado.' _
:c °',.- "` • AND, WHEREAS, the Association wishes to assign-the of County -
%;t'<. Commissioners of Pitkin County, Colorado, any and all interest it has .
r
e. ,.. . :j :,.. f. in said tight of .way.
NOW, THEREFORE, in consideration of •the'sum=- of One Dollar ($I.00) }
f-- =?_ and other and good consideration, the stiffio envy and receipt of which' * -
. :
r : ' is hereby•acknowledged, the Association does hereby grant, convey and
'r assi Board Coissioners of Pitkin County, Colorado,
�s.; 9 n to the Boar of County
nun
'}"-�'la: _ that certain right of way No. 1468, Book 14 from the Colorado State .
Is*
: ! a�". Board of Land Commissioners - over the above described real property. .
W M; IN WITNESS WHEREOF, the Association has executed this Assignment •
•
+,�? ,on t day a nd year first above given. • .
O tt — WOODY CREEK RECREATION ASSOCIATION 1
`', ATTESTt
• �, (Title)
. `' . • S OP COLO1t , .
r >F -
COUNTY OF 'PITRIN )
was
a. R`; Tie.- foYegoing ackno before Me this a�4 .
.
i d a y of ___ .
?+ c4 •, . `�.(' • r ' t' . - -. ••••. b Y.6•04, ! and , • ,L �/�. ��/s � v_ the
• '. ' re s ectively o the Wood
i , ii:` & .J • ..j• °. �'� -£ i •- a nd �' --_ . LG�� , • p Y, Y
. g - : . - �':\•. •..C� i 2ec. Lion Association. Witne my hand and offici. eal.
a ' .. . ,, 'I �` Notary Public
,t.+ ' • � . •e - •My .Commission Expires t t J j f / ?'4.?
Mee!, G /i
• w .
.}•, ' 'V.' -i ''.,:' . - : .. ' .-:;,... .: ' ' • ", ;.;: . • ! ' • ;,' ' • ' :: • '.' : .! P .: ,,.::::-; .•• ,;:: '',/.. ;. :,... ','..,,, ::,...:.;';: c■ ,P4
; -; i.:4 -,
. ::1,- , .i'...: , ..i.
. :
W ei1
‘,-
. - .•
1. k.,, -„‘
..
,-.,•••-v--p-A ...
, P...z , ir . .... s - .. . 0o. - ..imex , ..16x.wrweisa - tl•AVINIMNIztlYIRIZAItitct.t.lt' , IMSIMNi r giAVAZ4ZiataltrAlai:40:ZIW"Vibi . 1 -' 11'
. i ' • .
I
.
.. 3 ...
' . •- i)
ACCEPTANCE OF ASSIGNMENT . 111J 1111(.350 cln,
'
. .
The above described right of way, and all its terms and conditions,
-"-.,
is accepted by the Board of County Commissionersof Pitkin County,
, .. Colorado, this ,,A" day of -!..A.g.-....1../ / 1981•
- .
......:.- 1
. .._ . . , . •
•
. - BOARD OF COUNTY COMMISISONEAS '
ATTMTt • . PITKII1 OLINT, COLORADO
Y .....,.
•te •-:',, I ‘1,2!AN;4-6■-/t—,v .
- (_',Llede
. ,
'. ( Lewis Scanlan bert W. Child
• •
Deputy Clerk and Recorder • Chairman
. ;--;'•;:!-',".' i . .
-,•':!.:-',- ! - • - .
P!,:;-: ' . • .
.‘,.
• STATE OF COLORADO) ...-:-.-
. . ) ss
COUNTY OF PITEIN )
Nv ,..".3. ._ ..... --
foregoing was acknowledged before me this 96 day of
in;:.t.‘! "4,. ;i•., .
W. Child and Levis Scanlan, the Chairman and Secretary, . ... •
t • iTi. • Lt.‘q g e .:1
of the . •, '
s,z;:::!i 'ip i- c - •,-tAygy, Pitkin County Board of County Coinmissioners. . s t • -
'i.:2 . E, .". V'' * i c . f.:0:; • ' k
hand and Official seal . ... .
- :*.y.,: y . '; I...A .'.. .. • sr, . , ,
- ' ::ie. - • : - - -.! . : . %; .. - .
Notary
P..4'-rs'-';' • - • . 3 6- E.. /2,.._..., s'Ai‘14. : i .: -.-.
• '4";f',..14 My Commission Expires : ( 4. t /y I ?1
k,.4
t .....
. . ,
:iv -,•:-.'r . " • . . ;.:.-...• :-..!
: '. ' • '
#,:.-..-I
c.
.. : - ' ' ' • . , ,
• ..e'(:: . • ' - . . . . . : -
i2i241A2 . , . . .
I ' • . * •-• ' - - ' - -- - : . ' - " .•-• -. • -. • . - . .
` - 4
• : . . : .
tog4t ... - - -. : -: -----. • . ,.
. .
- s. ......._ _.
.„ .....--,.-.-: ,.....-.: .7..:,--_,-,..,.•.-.:. ....,.: .--.•.,:-..-.-,,..: t...;.:: ..:-.::.7.:•,-.-..-.--•. . ,..- -
, . - •
....,_•,,I,'•' ...:;.: . . , ' •
VW'. 7-- ni,v4.4 : ' ' . Y.: •••••:.: :.7" P..: " .÷••:: ; :•.. :7:7 :".: --.: 7 : " il •",
s - .1• 14• 3"e'4,„I .. •- . • ' - • • .,'• • • '
. .
- ' . •
• - .'.• ' : 2 727 ._ :* 7 7;7: 7; F777 •.. .
i.i tt''' -,. • • . .
. ' • ,. : , •
404 , -": s --- - - • . .
ii-VA .• . - , .
.4.-4,,,,1 .. • AfffteNAL fr ASSISIONERT •
. ,•• :
• t . •
.v.F.""1' ' ; • ,
This eiesiseeset epprered by order Of the State loevf-of-Leed-Come4esifeheyi
t da Septer, 1981. .
, - -- .(17/•..fi i .ke s ?«iiifil ,1 ;: .
ildo 2ley of emb - • .. f •• ,.. - . t .
. 74. .A.a,,i-ki. ,. - ' ,
!, .• ,..- • •- • - . y-- c . : :.. s• •
04 - 4, ' ' - '.' . ' , , ,,,, _ ..z 4 : - . , , ‘,: ,,..
4 _1n. i ..' V -„,,' X . ,, t;i:E% ' . ' I -. ,. • : :,
iP . :, • P& , • s • .. :::::.:"..... :' ' . 7.* - .........44111,■ #'''-' r
' Nip--; s : - ': '. : ' -. . • : " 1 .,...
Tow Neel . _7.1 *twin . 0:,.."•'..,' JP-;7;:.; .. , - t :,:::'
.. t 4 • •••, ',.• ; , : '
•
14,-1 X '. - - " ,,,,,,, :, - — - ;i ,.... .
ii :',.6. .,,, 0 ,,, ''' , q ''' - - ' -" •
.. : . . ,.. .
- . . .
-=.!..■=4":-4.- .. ___________ .
. . - . . . . , • - ' ' . •
,t ,g : - , .•
Assni $10, 10/21/81, F1465 . . . . . -
-.:=•.tizzif.. - • • - . • . •
.-.••••;--;.s*i _____.
.. ..:_
. .._
1 •• : :\
'.4....!!!- . • , . .• , ::-:•, :. :
„....,,...
in,..‘,. . . ..- - - --. - ...--• --- . . .. .. .- „, -
:„,.„...,..&. - . •
- • . • -
. _. - . , .
.
. • • • . •• • . • : -. - ....• ,__,. ._,_______:_.__. :.....
1 - • ,,, .4...2.7, -:-,..i, -. 1 i - :.: •.:- ' ‘.-- --- :-: -1 -:.; ,, :,.:., ._.%' : _.:,. ::. :„: 4.,;. ;1:
cli . ..;- s i . :: , 7,.= -;::.-.: .:. :::1 - -,; • . .: .,.- *, . -. ".. -. '', ''. •-:' . • ,.;-: • - .'. -- ''; . '! ',.-. ,. r ., : : ::.: /
: ... -:, .,— .'---..' • .. - : ..--,:•-: .• -- ' • ' • . : - • ' - .. , . : ,.. -. - .--.:, .' -::.., ;:..v: : 7- :1-k