HomeMy WebLinkAboutbocc.ord.019.2016 EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
AUTHORIZING THE BOARD TO ENTER INTO A COMMUNICATIONS USE
LEASE AGREEMENT WITH THE U.S.FOREST SERVICE FOR THE LOGE PEAK
COMMUNICATIONS SITE WITHIN ASPEN HIGHLANDS SKI AREA. U
ORDINANCE NO. 6/y -2016 CONTRACT ` l�
( /-k k ( )
1. The United States Fores Service owns property on Loge Peak, located within
Aspen Highlands Ski Area, as described more fully in the lease agreement.
2. Pitkin County is installing operation and maintainin a 14' tall, 8'x10', four-post,
galvanized steel antenna platform with conduit and other infrastructure for the
pupose of hosting a Digital Trunked Radio System (DTRS), in addition to other
public safety radio,two USFS repeaters,FM radio, commercial services and
microwave service on Loge Peak within Aspen Highlands.
3. This Lease establishes a 20 year lease for the site located at the top of Aspen
Highlands Ski Area. There are no costs associated with the lease and no annual
costs unless the County chooses to rent space to a commercial user.
4. Pitkin County desires to enter into a lease agreement with the U.S. Forest Service
which would establish a lease for the Loge Communications site to expire
December 31,2036.
5. The BOCC finds that adoption of this ordinance is necessary for the immediate
preservation of the public health, safety and welfare of the citizens of Pitkin
County and therefore declares this ordinance and legislation to be effective
immediately pursuant to Pitkin County Home Rule Charter Section 2.8.2.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Pitkin County, Colorado that does hereby authorize the chair to sign on its behalf the
Communications Use Lease agreement with the U.S. Forest Service for the Loge Peak
Communications Site within Aspen Highlands Ski Area.
INTRODUCED, READ AND ADOPTED AS AN EMERGENCY ORDINANCE ON
THE 24TH DAY OF AUGUST 2016 AND SET FOR CONFIRMATORY PUBLIC
HEARING ON THE 14TH DAY OF SEPTEMBER 2016.
NOTICE OF CONFIRMATORY PUBLIC HEARING AND TITLE AND SHORT
SUMMARY OF THE EMERGENCY ORDINANCE PUBLISHED IN THE ASPEN
TIMES WEEKLY ON THE /AA DAY OF ,fir f..e,t1,, / 2016.
NOTICE OF CONFIRMATORY PUBLIC HEARING AND THE FULL TEXT OF THE
ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE
www.pitkincounty.com ON THE /41 DAY OF 5 AtA.,, b.„/ 2016.
RECEPTION#: 632205, 09/14/2016 at
03:51:37 PM,
1 OF 17, R $0.00 Doc Code ORDINANCE
Janice K.Vos Caudill, Pitkin County, CO
CONFIRMED AT A PUBLIC HEARING ON THE /4/4' DAY OF
5.,4701.4ne.ber 2016.
PUBLISHED BY TITLE AND SHORT SUMMARY,AFTER CONFIRMATORY
PUBLIC HEARING, IN THE ASPEN TIMES WEEKLY ON THE '1�J''4 DAY OF
, 2016.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN
COUNTY WEBSITE www.pitkincounty.com ON THE /G4'(.- DAY
OF 6,16.INK 2016.
ATT T: BOARD OF COUNTY COMMISSIONERS
By j, / . /b --�1ll "�' By:
41Cdt.., )
Jeane'e Jones / Rachel E. Richards, hair
Depu y County Cle
Date: Dgj,d-41--(2-0
APPROVED AS TO FORM: MANAGER APPROVAL
John E , 'ou a •ttorney Jon Peacock, ounty Manager
2
USDAUnited States Forest White River National Forest 900 Grand Ave
Department of Service Glenwood Springs,CO 81601-3602
_ Agriculture
File Code: 2720
Date: August 30, 2016
Pitkin County
Attn: Kara Silbernagel
530 E. Main St., 3rd Floor
Aspen, CO 81611
Dear Ms. Silbernagel:
Enclosed is a fully executed Communications Use Lease authorizing you to install, operate, and
maintain a 15'tall, 8'x 10', four-post, galvanized steel antenna platform with conduit and other
pertinent infrastructure for the purpose of hosting a Digital Trunked Radio System(DTRS), in
addition to other public safety radio,two USFS repeaters, FM radio, commercial services, and
microwave service on Loge Peak within Aspen Highlands Ski Area.
If you have any questions,please contact Carole Huey at(970) 945-3219 or chuey(d,fs.fed.us.
Sincerely,
� �
SCOTT G. FI 4 ILLIAMS
Forest Supervi
Enclosure
cc: Erin Carey, Jim Kirschvink
Caring for the Land and Serving People Printed on Recycled Paper
Auth ID: ASP860 FS-2700-10b (V.01/2014)
Contact Name: PITKIN COUNTY OMB No. 0596-0082
Expiration Date: 12/31/2036
Use Code: 806
U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
COMMUNICATIONS USE LEASE
AUTHORITY:
FEDERAL LAND POLICY AND MGMT ACT,AS AMENDED October 21, 1976
PITKIN COUNTY of 530 E MAIN ST, 3RD FLOOR,ASPEN, CO 81611.
THIS LEASE, dated this )- i/Lday of (/5/ , 2016, by and between the UNITED
STATES OF AMERICA, acting through the Forest S€rvice, Department of Agriculture (hereinafter
called the "United States" or "Forest Service"), as authorized by the Act of October 21, 1976, (90 Stat.
2743; 43 U.S.C. 1761, et seq.), and PITKIN COUNTY, its agents, successors, and assigns (hereinafter
called the "Lessee").
The United States and the Lessee are jointly referred to herein as the "Parties". As used herein, the
"Authorized Officer" refers to the Forest Service official having the delegated authority to execute and
administer this lease. Generally, unless otherwise indicated, such authority may be exercised by the
Forest Supervisor or District Ranger of the White River National Forest wherein the following described
lands are located.
The United States, for and in consideration of the terms and conditions contained herein and the
payment to the United States of a rental in advance by the Lessee, does hereby grant to the Lessee a
lease for the following described communications facility in the County of PITKIN, State of
COLORADO, the NW1/4NW1/4 of Sec. 34, T. 10 S., R. 85 W.,6th P.M., Loge Peak within Aspen
Highlands Ski Area (hereinafter called the "property"). The Lessee accepts this lease and possession of
the property, subject to any valid existing rights, and agrees not to use the property, or any part thereof,
except as a site for only the construction, operation, maintenance, and termination of a communications
facility. Authorized facilities under this lease include:
• Equipment shelter(s): None (Associated with Aspen Ski Company's SUP #ASP859)
• Antenna support structure(s): A 15' tall, 8' x 10' four-post galvanized steel antenna
platform with 302 feet of 3-inch conduit and other pertinent infrastructure for the
purpose of hosting a Digital Trunked Radio System (DTRS), in addition to other public
safety radio, two USFS repeaters, FM radio, commercial services, and microwave.
• Ancillary structure(s): None
The location of the property is shown generally on the site management plan and/or map dated July
2016 for the Communications Site, which is attached and made part hereof as Exhibit A.
The dated and initialed exhibits, attached hereto, are incorporated into and made a part of this instrument
as fully and effectively as if they were set forth herein in their entirety.
ASP860 PITCO Aspen Highlands Page 1 of 9
The parties agree that this lease is made subject to the following terms and conditions.
I. TENURE, RENEWAL AND TRANSFERABILITY
A. This lease shall terminate at one minute after midnight on 12/31/2036. Termination at the end of the
lease term shall occur by operation of law and shall not require any addition notice or documentation by
the Authorized Officer. This lease is not renewable; but the Lessee has the right to request a new lease
pursuant to Paragraph "C" below.
B. The Lessee shall undertake and pursue with due diligence construction and operation that is
authorized by this lease. To the extent specified in Exhibit B, operation shall commence on or before
August 15, 2016. This lease shall terminate if operation does not commence by that date, unless the
parties agree in writing, in advance,to an extension of the commencement date.
C. If the Lessee desires a new lease upon termination of this lease, the Lessee shall notify the Authorized
Officer accordingly, in writing. The notice must be received by the Authorized Officer at least one year
prior to the end of the lease term. The Authorized Officer will determine if the use should continue and,
if it is to continue, if a new lease should be issued to the Lessee and under what conditions. The
Authorized Officer shall require payment of any amounts owed the United States under any Forest
Service authorization before issuance of another authorization.
D. This lease is assignable with prior written approval of the Authorized Officer, except when rent has
been exempted or waived in whole or part. Renting of space does not constitute an assignment under this
clause.
II. RENTAL
A. The Lessee must pay in advance an annual rental determined by the Authorized Officer in accordance
with law, regulation, and policy. The annual rental will be adjusted by the Authorized Officer to reflect
changes in fair market value, annual adjustments using the Consumer Price Index - Urban (CPI-U),
changes in tenant occupancy, or phase-in rental, if applicable.
B. Rentals are due at the close of business on January 1 of each year for which a payment is due.
Payments in the form of a check, draft, or money order are payable to USDA, Forest Service. If the due
date for the rental or rental calculation statement falls on a non-work day,the charges shall not apply
until the close of business on the next workday. This lease terminates if rent is not received by the Forest
Service within 90 calendar days of the due date.
C. Pursuant to 31 U.S.C. 3717, et seq., interest shall be charged on any rental amount not paid within 30
days from the date the rental or rental calculation financial statement specified in this authorization
becomes due. The rate of interest assessed shall be the higher of the rate of the current value of funds to
the U.S. Treasury (i.e., Treasury tax and loan account rate), as prescribed and published by the Secretary
of the Treasury in the Federal Register and the Treasury Fiscal Requirements Manual Bulletins annually
or quarterly or at the Prompt Payment Act rate. Interest on the principal shall accrue from the date the
rental or rental calculation financial statement is due. In addition, an administrative penalty at a
percentage rate prescribed by law or regulation will be assessed for failure to pay any portion of the debt
ASP860 PITCO Aspen Highlands Page 2 of 9
that is more than 90 days past due. This paragraph shall survive the termination or revocation of this
lease, regardless of cause.
D. Disputed rentals are due and payable by the due date.No appeal of rentals will be considered by the
Forest Service without full payment of the disputed amount.
III. RESPONSIBILITIES OF THE LESSEE
A. The Lessee is authorized to rent space and provide other services to customers and/or tenants and
shall charge each customer/tenant a reasonable rental without discrimination for the use and occupancy
of the facilities and services provided. The Lessee shall impose no unreasonable restrictions nor any
restriction restraining competition or trade practices. By October 15 of each year, the Lessee shall
provide the Authorized Officer a certified statement listing all tenants and customers, by category of use
in the facility on September 30th of that year.
B. All development, operation and maintenance of the authorized facility, improvements, and equipment
located on the property shall be in accordance with stipulations in the communications site management
plan approved by the Authorized Officer. If required by the Authorized Officer, all plans for
development, layout, construction, or alteration of improvements on the property, as well as revisions of
such plans, must be prepared by a licensed engineer, architect, and/or landscape architect. Such plans
must be approved in writing by the Authorized Officer before commencement of any work. After
completion, as-built plans,maps, surveys, or other similar information will be provided to the
Authorized Officer and appended to the communications site management plan.
C. The Lessee will comply with applicable Federal, State, county, and municipal laws,regulations and
standards for public health and safety, environmental protection, siting, construction, operation, and
maintenance in exercising the rights granted by this lease. The obligations of the Lessee under this lease
are not contingent upon any duty of the Authorized Officer, or other agent of the United States, to
inspect the premises. A failure by the United States, or other governmental officials, to inspect is not a
defense to noncompliance with any of the terms or conditions of this lease. Lessee waives all defenses of
laches or estoppel against the United States. The Lessee shall at all times keep the title of the United
States to the property free and clear of all liens and encumbrances.
D. Use of communications equipment is contingent upon the possession of a valid Federal
Communication Commission(FCC) or Director of Telecommunications Management/Interdepartmental
Radio Advisory Committee (DTM/IRAC) authorization, and the operation of the equipment is in strict
compliance with applicable requirements of FCC or IRAC. A copy of each applicable license or
authorization shall at all times be maintained by the Lessee for each transmitter being operated. The
Lessee shall provide the Authorized Officer, when requested, with current copies of all licenses for
equipment in or on facilities covered by this lease.
E. The Lessee shall ensure that equipment within his or her facility (including tenant and customer
equipment) operates in a manner which will not cause harmful interference with the operation of
existing equipment on or adjacent to the communications site. If the Authorized Officer or authorized
official of the Federal Communication Commission(FCC) determines that the Lessee's use interferes
with existing equipment, the Lessee will promptly take the necessary steps to eliminate or reduce the
harmful interference to the satisfaction of the Authorized Officer or FCC official.
ASP860 PITCO Aspen Highlands Page 3 of 9
F. When requested by the Authorized Officer, the Lessee will furnish technical information concerning
the equipment located on the property.
IV. LIABILITIES
A. The Lessee assumes all risk of loss to the authorized improvements.
B. The Lessee shall comply will all applicable Federal, State, and local laws,regulations, and standards,
including but not limited to,the Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq.,the
Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq.,the Comprehensive Environmental
Response, Control, and Liability Act, 42 U.S.C. 9601 et seq., and other relevant environmental laws,as
well as public health and safety laws and other laws relating to the siting, construction, operation and
maintenance of any facility, improvement, or equipment on the property.
C. Subject only to the limits on the Lessee's liability under Title 24, Article 10, of the Colorado
Governmental Immunity Act(CGIA), Colorado Revised Statutes (C.R.S.) §§ 24-10-101 through 24-10-
119, the Lessee shall indemnify, defend, and hold harmless the United States for any costs, damages,
claims, liabilities,and judgments arising from past,present, and future acts or omissions of the Lessee in
connection with the use and occupancy authorized by this Lease. This indemnification and hold
harmless provision includes but is not limited to acts and omissions of the Lessee or the Lessee's heirs,
assigns, agents, employees, contractors, or lessees in connection with the use and occupancy authorized
by this Lease which result in(1)violations of any laws and regulations which are now or which may in
the future become applicable, and including but not limited to those environmental laws listed in clause
IV.B of this lease; (2)judgments, claims, demands,penalties, or fees assessed against the United States;
(3) costs, expenses, and damages incurred by the United States; or(4)the release or threatened release
of any solid waste, hazardous waste,hazardous substance,pollutant, contaminant, oil in any form, or
petroleum product into the environment.
D. The Forest Service has no duty, either before or during the lease term,to inspect the property or to
warn of hazards and, if the Forest Service inspects the property, it shall incur no additional duty nor any
liability for hazards not identified or discovered through such inspections. This clause shall survive the
termination or revocation of this lease, regardless of cause.
E. The Lessee has an affirmative duty to protect from injury and damage the land,property, and other
interest of the United States. Damage includes but is not limited to fire suppression costs and all costs
and damages associated with or resulting from the release or threatened release of a hazardous material
occurring during or as a result of activities of the Lessee or the Lessee's heirs, assigns, agents,
employees, contractors, or lessees on, or related to, the lands, property, and other interests covered by
this Lease. For purposes of clause IV.E, "hazardous material" shall mean any hazardous substance,
pollutant, contaminant,hazardous waste,oil,and/or petroleum product, as those terms are defined under
any Federal, State, or local law or regulation.
1. The Lessee shall avoid damaging or contaminating the environment, including but not limited to
the soil,vegetation(such as trees, shrubs, and grass), surface water, and groundwater, during the
Lessee's use and occupancy of the site. If the environment or any government property covered by
this Lease becomes damaged during the Lessee's use and occupancy of the site,the Lessee shall
immediately repair the damage or replace the damaged items to the satisfaction of the Authorized
Officer and at no expense to the United States.
ASP860 PITCO Aspen Highlands Page 4 of 9
2. Subject only to the limits on the Lessee's liability under Title 24, Article 10, of the CGIA, C.R.S.
§§ 24-10-101 through 24-10-119,the Lessee shall indemnify the United States for any damages
arising out of the Lessee's use and occupancy authorized by this Lease. The Lessee shall be liable
for all injury, loss, or damage, including fire suppression, or other costs associated with
rehabilitation or restoration of natural resources,associated with the Lessee's use and/or occupancy.
Compensation shall include but is not limited to the value of resources damaged or destroyed, the
costs of restoration, cleanup, or other mitigation, fire suppression or other types of abatement costs,
and all administrative, legal (including attorney's fees), and other associated costs.
3. With respect to roads, the Lessee shall be liable for damages to all roads and trails of the United
States open to public use caused by use of the Lessee or the Lessee's heirs, assigns, agents,
employees, contractors, or lessees to the same extent as provided under clause IV.E.1 except that
liability shall not include reasonable and ordinary wear and tear.
F. Clauses IV.0 and IV.E.2 shall not be interpreted to limit any of the Lessee's liability for, or prevent
the United States from taking any action to address, injury, loss, damages, or costs associated with
environmental contamination, injury to natural resources, or other cause of action that arises under other
law, including the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901 et seq., the
Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 U.S.C.
9601 et seq., and the Clean Water Act, as amended, 33 U.S.C. 1251 et seq., in connection with the
Lessee's use and occupancy of Federal lands, or to diminish any independent obligation of the Lessee to
indemnify the United States with respect to the same.
G. The Lessee assumes all risk of loss of the authorized improvements. Loss to the authorized
improvements may result from, but is not limited to,theft, vandalism, fire and any firefighting activities
(including prescribed burns), avalanches, rising waters, winds, falling limbs or trees, and acts of God. If
the authorized improvements are destroyed or substantially damaged,the Authorized Officer shall
conduct an analysis to determine whether the improvements can be safely occupied in the future and
whether rebuilding should be allowed. If rebuilding is not allowed,the Lease shall terminate.
H. The Lessee has a continuing responsibility to identify and abate hazardous conditions in the Lease
area which could affect the improvements or pose a risk of injury to individuals. The Lessee shall
consult with the Authorized Officer before taking any action to abate such hazards.
I. The Authorized Officer has determined through a risk assessment that the potential liability of the
United States for property damage and personal injury or death arising from the Lessee's use and
occupancy authorized by this Lease is $350,000.00 per incident.
1. The Lessee shall maintain commercial general liability (CGL) coverage with a combined single
limit self-insurance and insurance procured from a third party covering property damage and
personal injury or death for $350,000.00 per incident and_$990,000.00_in the aggregate. The
Lessee shall pay the premiums for any insurance procured under this clause. The self-insurance
documentation shall name the United States as a certificate holder, and the procured insurance policy
shall name the United States as an additional insured. The coverage under both types of insurance
shall extend to property damage and personal injury or death arising from the Lessee's activities
under the Lease, including use and occupancy of National Forest System lands and the construction,
maintenance, and operation of the structures, facilities, or equipment authorized by the Lease. If the
ASP860 PITCO Aspen Highlands Page 5 of 9
aggregate coverage limit in the procured insurance policy is reached or exceeded during the policy
period,the Lessee shall obtain an increase in the aggregate coverage limit or procure an additional
insurance policy to restore the aggregate coverage to what it was when the policy was issued. If the
aggregate coverage limit is reached or exceeded and the Lessee fails to obtain an increase in the
aggregate coverage limit or to procure additional insurance, this Lease shall terminate. The Lessee
shall provide notice within 48 hours to the Director of Physical Resources, Rocky Mountain Region
(303)275-5350, if the aggregate coverage limit in the procured insurance policy is reached or
exceeded during the policy period.
2. Notwithstanding clauses IV.0 and IV.E.2 of this Lease, any limitation on the Lessee's liability
under state law, including but not limited to the Lessee's sovereign immunity and the CGIA, shall
not be construed in any way to impinge upon the ability of the United States to recover under the
procured insurance policy. CGL insurance shall be written on ISO occurrence form CG 00 01 12 07
(or a substitute form providing equivalent coverage)and shall cover liability arising from premises,
operations, independent contractors,personal and advertising injury, and liability assumed under an
insured contract(including the tort liability of another assumed in a business contract). The United
States shall be included as an additional insured under the CGL insurance policy,using USDA
Forest Service additional insured form FS-2700-33. Nothing in this clause precludes the Lessee or
the insurer from asserting any defense that may be available to the Lessee, including sovereign
immunity, in an action brought against the Lessee.
3. The Forest Service reserves the right to review and approve the self-insurance documentation and
any procured insurance policy. The Lessee shall send a copy of the approved self-insurance
documentation and an authenticated copy of any procured insurance policy to the Forest Service
immediately upon approval or issuance. The self-insurance documentation and any procured
insurance policy shall specify that the Forest Service shall be given 30 days prior written notice of
cancellation or any modification of the self-insurance documentation or procured insurance policy.
4. If there is a conflict between this Lease,the certificate of insurance or insurance policy provided
by the Colorado Department of Personnel and Administration, Risk Management Division(RMD)
(certificate or insurance policy) and/or RMD's insurance policy manuals (insurance policy manuals),
the order of precedence among those documents shall be (1)this Lease; (2)the certificate or
insurance policy; and(3) the insurance policy manuals.
5. If a claim is submitted to the United States for property damage and personal injury or death
arising from the Lessee's use and occupancy authorized by this Lease,the Forest Service shall tender
the defense of the claim to the respective representatives of the self-insurance and procured
insurance providers. The Lessee understands that tort claims against the United States are governed
by the Federal Tort Claims Act,which may result in the administrative denial of a claim. The
Lessee further understands that in litigation the United States is represented by the United States
Department of Justice(USDOJ)and agrees that representatives of the self-insurance and procured
insurance providers will coordinate the defense with USDOJ, if a claim is litigated.
J. In the event of any breach of the lease by the Lessee,the Authorized Officer may, on reasonable
notice, cure the breach for the account at the expense of the Lessee. If the Forest Service at any time
pays any sum of money or does any act which will require payment of money, or incurs any expense,
including reasonable attorney's fees, in instituting,prosecuting, and/or defending any action or
proceeding to enforce the United States rights hereunder, the sum or sums so paid by the United States,
ASP860 PITCO Aspen Highlands Page 6 of 9
with all interests, costs and damages shall, at the election of the Forest Service,be deemed to be
additional rental hereunder and shall be due from the Lessee to the Forest Service on the first day of the
month following such election.
V. OTHER PROVISIONS
A. Nondiscrimination. The Lessee shall at all times operate the described property and its appurtenant
areas and its buildings and facilities,whether or not on the property, in full compliance with Title VI of
the Civil Rights Act of 1964 and all requirements imposed by or pursuant to the regulations issued
thereunder by the Department of Agriculture and in effect on the date this lease is granted to the end that
no person in the United States shall, on the grounds of race, sex,color,religion or national origin,be
excluded from participation in,be denied the benefits of, or be subjected to discrimination under any of
the programs or activities provided thereon.
B. Revocation, Termination and Suspension.
1. General. For purposes of this lease,termination,revocation, and suspension refer to the cessation
of uses and privileges under the lease.
"Revocation" refers to an action by the Authorized Officer to end the lease because of
noncompliance with any of the prescribed terms, abandonment, or for reasons in the public interest.
Revocations are appealable.
"Termination" refers to the cessation of the lease under its own terms without the necessity for any
decision or action by the Authorized Officer. Termination occurs automatically when,by the terms
of the lease, a fixed or agreed upon condition, event, or time occurs. For example,the lease
terminates at expiration. Terminations are not appealable.
"Suspension" refers to a revocation which is temporary and the privileges may be restored upon the
occurrence of prescribed actions or conditions. Suspensions are appealable.
2. This lease may be suspended or revoked upon breach of any of the conditions herein or upon
nonuse. Nonuse refers to a failure to operate the facilities on the property for a period of 1 year.
3. Except in emergencies,the Authorized Officer shall give the Lessee written notice of the grounds
for revocation or suspension and a reasonable time, not to exceed 90 days,to complete the corrective
action. After 90 days,the Forest Service is entitled to such remedies as provided herein.
4. This lease may be revoked at the discretion of the Forest Service when in the public interest.
When revoked in the public interest,the Lessee shall be compensated subject to the availability of
appropriated funds. Compensation shall be based upon the initial cost of improvements located on
the lease, less depreciation as allocated over the life of the improvements as declared by the Lessee's
Federal tax amortization schedules.
5. Any discretionary decisions or determinations by the Authorized Officer on revocation or
suspension are subject to the appeal regulations at 36 CFR 214, or revisions thereto.
ASP860 PITCO Aspen Highlands Page 7 of 9
6. In the event the Authorized Officer decides not to issue a new lease,or the Lessee does not desire
a new lease, the Authorized Officer and the Lessee shall, within six months prior to the termination
date of this lease, agree upon a mitigation plan to restore and stabilize the site.
7. Upon termination or revocation of the authorization, delinquent fees and other charges associated
with the authorization will be subject to all rights and remedies afforded the United States pursuant
to 31 U.S.C. 3711 et seq. Delinquencies may be subject to any or all of the following conditions:
a. Administrative offset of payments due the holder from the Forest Service.
b. Delinquencies in excess of 60 days shall be referred to United States Department of Treasury
for appropriate collection action as provided by 31 U.S.C. 3711 (g), (1).
c. The Secretary of the Treasury may offset an amount due the debtor for any delinquency as
provided by 31 U.S.C. 3720, et seq.).
In the event this lease is revoked for noncompliance,the Lessee shall remove all structures and
improvements within 90 days, except those owned by the United States, and shall restore the site as
nearly as reasonably possible to its original condition unless this requirement is otherwise waived in
writing by the Authorized Officer.
If the Lessee fails to remove all structures or improvements within the prescribed period,they shall
become the property of the United States and may be sold, destroyed, or otherwise disposed of without
any liability to the United States.
C. Members of Congress. No member of or Delegate to Congress or Resident Commissioner shall
benefit from this lease whether directly or indirectly, except when the lease provides a general benefit to
a corporation.
D. Reservations. This lease is granted subject to the following reservations by the United States:
1. The right to all natural resource products now or hereafter located on the property unless stated
otherwise, and the right to utilize or dispose of such resources insofar as the rights of the Lessee are
not unreasonably affected.
2. The right to modify the communications site plan as deemed necessary.
3. The right to enter upon the lease and inspect all facilities to assure compliance with the conditions
of this lease.
4. The right of the United States to require common use of the property, and the right to authorize
use of the property for compatible uses, including the subsurface and air space.
In the event of any conflict between any of the preceding printed clauses or any provisions thereof
and any of the following clauses or any provision thereof,the preceding clauses shall control.
E. Superseded Authorization(X-18). This authorization supersedes an authorization designated
ASP688 Pitkin County Board of County Commissioners 10/20/2014.
ASP860 PITCO Aspen Highlands Page 8 of 9
F. Disputes (X-96). Appeal of any provisions of this authorization or any requirements thereof shall be
subject to the appeal regulations at 36 CFR 251, Subpart C, or revisions thereto.
ACCEPTED this tl Y da of lk,!/ , 2016, I�1/ Rie,4A,i/A ,
(Printed Name)
the undersigned have read, understan! ._•d accept the terms and conditions of this lease.
A,-4 aq/ tt
Lessee bce-
IN WITNESS WHEREOF,the Forest Service, by its Authorized Officer, has executed this lease on the
day and year first written above.
UNITED STATES OF AMERICA
ctij
1/(6'-‘/Cjc.
SCOTT G. FITZWILLIAMS, Forest Supervisor
Forest Service
Department of Agriculture
According to the Paperwork Reduction Act of 1995,an agency may not conduct or sponsor,and a person is not required to respond to a collection of
information unless it displays a valid OMB control number.The valid OMB control number for this information collection is 0596-0082.The time required
to complete this information collection is estimated to average one(1)hour per response,including the time for reviewing instructions,searching existing
data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information.
The U.S.Department of Agriculture(USDA)prohibits discrimination in all its programs and activities on the basis of race,color,national origin,age,
disability,and where applicable,sex,marital status,familial status,parental status,religion,sexual orientation,genetic information,political beliefs,reprisal,
or because all or part of an individual's income is derived from any public assistance.(Not all prohibited bases apply to all programs.)Persons with
disabilities who require alternative means for communication of program information(Braille,large print,audiotape,etc.)should contact USDA's TARGET
Center at 202-720-2600(voice and TDD).
To file a complaint of discrimination,write USDA,Director,Office of Civil Rights,1400 Independence Avenue,SW,Washington,DC 20250-9410 or call
toll free(866)632-9992(voice).TDD users can contact USDA through local relay or the Federal relay at(800)877-8339(TDD)or(866)377-8642(relay
voice).USDA is an equal opportunity provider and employer.
The Privacy Act of 1974(5 U.S.C.552a)and the Freedom of Information Act(5 U.S.C.552)govern the confidentiality to be provided for information
received by the Forest Service
ASP860 PITCO Aspen Highlands Page 9 of 9
NOTES:
GUSSET PLATE WORK POINT MBAR GRATE 1. CONCRETE TO BE QUIK RETE 5000 CONCRETE MIX OR EQUAL,APPROVED BY s
THE ENGINEER
I I 2. INSTALL HILTI ANCHORS PER MFG REQUIREMENTS
I 3, REINFORCING TO MEET REQUIREMENTS OF*61580. s
i/ 7- i I i •\ I
4. ALL COMPONENTS TO BE HOT DIP GALVANIZED
% I S. ALLBOLTED CONNECTIONS TO UTILIZE I-B HARDWARE.
B. BOLTS TO BE A325,WASHERS TO BE F436 AND NUTS TO BE A563-0H.
// *411116,
\� 7. CONCRETE SURFACE TO HAVE A BROOMED FINISH.
HSS LE / r ♦ B. ALL STEEL COMPONENTS TO BE MELTED,ROLLED,AND FABRICATED IN THE/ GUSSET PLATE UNRED STATES OF AMERICA.CONTRACTOR TO FURNISH OWNER WITH MAI
2 BOLT HOLES \I CERTIFICA7E5 BEFORE CONSTRUCTING TIRE PLATFORM,
CENTERED ON BEAM 1- -- 9. ALL CONCRETE AND STEEL PLATFORM COMPONENTS TO BE TREATED WITH
IlkSTAIN FROM NATINA PRODUCTS.STAIN TO BE APPLIED PER MANUFACTURERS
WORK POINT /�j�\ i 1- 1$ .. RECOMMENDATIONS.
RECOMMENDATIONS.
CENTERED/ON
i \_,., \
/ IN 7D EDGE \
14
l„ OF PLATE
B 1 I
iNi�N 11. I-
�s' B DETAIL C I-.... ._�
r BRACE TO MID-SPAN OF EAST-VVEST BEAM
k. ,.GUSSET TO BASE `
1 7E/COLUMN GUSSET RATE REMOVE L•• I I F
SOIL AND POUR I I SEE DETAIL
DETAIL A CONCRETE AT ! ,./ w t.i S
BRACE TO COLUMN BASE PLATE ' .../>/-11.....
r T ` GRADE '. `,M� 1'MIN U q B�
4-1 14 ' JJ '►MII i Q=d{
q FOUNDATION ELEVATION i�$
GUSSET PLATE WITH } i8
RATE 1'_107 I PLATFORME.TYBASE
2 BOLT HOLES i 1'-11}^ PLATE,TYP. \ i7 —3 p
WORK POINT / CENTERED ON SEAM - I 7-25
2 7(
1--1-1-1-1-1-41-1-1-1--1-1-1-1-1-41-1-1--1-1-1-1-1-41-1-11--1-1-1-1-1-41-1-1-11-1-1-1-1-1--.12.—.1 .-1.-..-1:-..— .1 I {
I
Eiimmimm
, .
.,
, .
T , ,. I Q3
4. 11' —2—/ 4--2'—~ N S
- .� 'tet ! Il/ o
Mw1, 1, 4! DETAIL DZ......../
1g .1-
1, \, HAND RAIL DETAIL `
i INTO EDGE OF PLATE 4...
l._2. El 7
‘11111111
• \ 1DETAIL B ILONGITUDINAL
BRACE TO MID-SPAN OF NORTH BEAM MB FOUNDATION PLAN REINFORCING TO BE I 5
M ON-SHRAC GROUT CONTINUOUS AROUND 6
FOUNDATION CORNERS i t
LTI HAS-E 3'k8�'ROD;
pi_ . 4 __I_47:-ali.
BONDEDTO x6I-ROD;WITH
g HILTI HR-HY 200-A EPDXY;
$
FOUR(4)TOTAL PER LEG.
ee
a
•
!!� Y Q UMHOOPS�170.0 ..'0.5?...../� .d.�
iAsg�s ♦ m• e d e A •
;'V0.•PNCHAR0.yl11Q_ ..':
8 ♦ M
Ili , 61 LONGITUDINAL BARS n r, 1, em ra1
i DETAIL E 'ONAI. '''. 08APR2016 ,,
ANCHOR DETAIL 75302
DESIGN CRITERIA: 1
10' —/ 1. BUILDING CODE2009 INTERNATIONAL BUILDING CODE. t
2. STANDARDS:N1 LATEST EDITIONS
2.1. AMERICAN INSTITUTE OF STEEL CONSTRUCTION(AISC}1OAD AND RESISTANCE FACTOR DESIGN
LL 3.5x3414 LLBB SPECIFICATIONS FOR STRUCTURAL STEEL BUILDINGS T
2.2. AMERICAN CONCRETE INSTITUTE(ACI)-BULGING CODE REQUIREMENTS FOR REINFORCED
CONCRETE-ACI 318
3. IN CASE OF CONFLICTS BETWEEN CODES ANDIOR STANDARDS THE MOST STRINGENT REQUIREMENT
SHALL GOVERN.THE CONTRACTOR SHALL OBTAIN COPIES OF THE ABOVE CODES AND STANDARDS AND
HAVE THEM AVAILABLE ON THE JOBSITE AT ALL TIMES.
4. WIND LOADING:
4.1. BASIC WIND SPEED40 MPH
4.2. WIND IMPORTANCE FACTOR,6=1.15
4.3. EXPOSURE CATAGORY:C
4.4. TOPOGRAPHIC FACTOR2.92 R7
4.5. ELEVATION PRESSURE REDUCTION COEFFENT:0.899
.A.. 4.6. WIND DESIGN PRESSURE-37.3 PSF
5. LIVE LOAD-I COPSE
8' 1 1tX/VEI{'C.C.BAR GRATE B. SNOW LOAD.177 PSF
7. THE PLATFORM HAS BEEN DESIGNED TO CARRY THE LOADS FROM COMMUNICATIONS EQUIPMENT WITH
A TOTAL EPA OF UP TO 125.7 FT'.THIS LOAD SHALL BE EQUALLY DISTRIBUTED ON THE STRUCTURES
LEGS AND HANDRAILS.ADDITIONALLY,EQUIPMENT WITH NO MORE THAN 25 Fr EPA SHALL BE MOUNTED
ABOVE THE HANDRAIL AND NO MORE THAN 12.5 FT'EPA SHALL BE MOUNTED ABOVE THE HANDRAIL ON
ANY INDIVIDUAL LEG.
8. LADDER TO BE OSHA COMPLIANT AND BE DESIGNED AND PROVIDED BY THE CONTRACTOR.
9. CONTRACTOR TO SUPPLY THE COUNTY WITH FABRICATION DRAWINGS FOR APPROVAL BEFORE
PROCUREMENT OF ANY MATERIALS. -
oid,DO UcEti -. U P €
\ LL 3.6.344 UDR \yY' .- /# 831
�1 J'§
/_ '17R;• *• lei 1f < 471
FLOOR FRAMING PLAN ' ''SIGNAL EaG\a' 08APR2016 tU11: H`[
8'LADDER
n n n
IT 3
s.
H53 2x24] /// II I \ HSS 2x2xI < 4
„,
/ ItI ..,‘,
it,
, ,
I.I
{I{ ____---SEE DETALD 111 w i
j1 III
111.1___)'
,1 I,G
H53 2x2xI.............----_T-1
I•i HSS 292xI ;!{
11 i.
Ili
11111,
te
I� I
Iu'
I 9 I
=11=1=11211.1======:-. fir. `-=------f— --- ----------_+..--4.—..,1r
I( 5� J.."
4® I j \ \ -sEE DETAIL C i G
y4' i t / \ j
i i •rt I' se
AP'
/ \ e
. 1,..M , ! Al ,,,"/ \'Ct.,,,
1t I = i o
• SEE DETAIL A- % •/ i` 1 // N.
\•\ 1 Lun><n.
.'fa I ./ \ I
fivNORTH/SOUTH ELEVATION EAST/WEST ELEVATION .—el ` ` : -
2 .
t
tAA
, 8 (
ti.
i
Qit
QR 1
uQqt
F�
)\\
. 2-1/2 Ton flatbed Truck
3/8"EHS Trolley Line
EXISTING TOWER
i
/ Primary Staging
/ • Area
r ---N
a /
/ i
OROPOSEDRNEW LOCATITOWER •
F
Pickup
w/Capstan Hoist
i
1 Synthetic Rope
L ) ?
4. 1 ----►
STEEP SLOPE STEEP SLOPE
�J
/ \,
Secondary
Staging Area \\
I
/EXISTING GUYED TOWER /
34
Ji
7
/ /
c / v
ti 1
.,3 _ _
E� 11110-
wFaz( LOGE PEAK SITE PLAN
E SCJ P.LL!r NCE JOB N: 9.11,Pie
9SPURSPP�(W,SOU7d D(NV:A.CO 80311 0f 1� PITKIN COUNTY
M 719 P.303-44.1180 (]°34!].1118 O4NIMVC Ar Na.: t
a WWW2NGWt I WAY(OM I',114NOUY.CCM1 MGG
•
` _ '•"` ? - ,.dark .. a ,4'. . * `'« �
New Above
Ground Conduit • •
(BlackGray
/ pipe)
ower
.Py #
Jk
r
}
•
4
•
« , l$, y � + s « ♦ +awl x �,
•
#3 r • _ ,rte -
3 •
�.' • of ✓ :
k �u
i
0" `
• t .
Cdnclu
• *. '
r'
� - •"-�?�.. t P., � ' ` a • , :.<-,;, �-, ,� q •�a ,�., P,« , � to� -
e
r aIf • x !F`
, a
•
•
. y� s s X11'
.4
,
t ,,,"gyp, y .rr
1
a y afit:
•
, • •
•
afq . •
alio
'- - �-: S�Cj• `'acral ld {
r
Ta SFS /AS :. -� .. ►
r i
a •
y
d
^o
4. •orGen -- -R ► .. ' ;. �+
.
below de y a
RECEPTION#: 632206, 09/14/2016 at
03:51:38 PM,
1 OF 14, R $0.00 Doc Code LEASE
Janice K. Vos Caudill, Pitkin County, CO
Auth ID: ASP860 FS-2700-10b (V.01/2014)
Contact Name: PITKIN COUNTY OMB No. 0596-0082
Expiration Date: 12/31/2036
Use Code: 806
U.S. DEPARTMENT OF AGRICULTURE CONTRACT -
FOREST SERVICE
COMMUNICATIONS USE LEASE
AUTHORITY:
FEDERAL LAND POLICY AND MGMT ACT,AS AMENDED October 21, 1976
PITKIN COUNTY of 530 E MAIN ST,3RD FLOOR,ASPEN, CO 81611.
THIS LEASE, dated this yam' day of // ,v 5/ , 2016, by and between the UNITED
STATES OF AMERICA, acting through the Forest Service, Department of Agriculture (hereinafter
called the "United States" or "Forest Service"), as authorized by the Act of October 21, 1976, (90 Stat.
2743; 43 U.S.C. 1761, et seq.), and PITKIN COUNTY, its agents, successors, and assigns (hereinafter
called the "Lessee").
The United States and the Lessee are jointly referred to herein as the "Parties". As used herein, the
"Authorized Officer" refers to the Forest Service official having the delegated authority to execute and
administer this lease. Generally, unless otherwise indicated, such authority may be exercised by the
Forest Supervisor or District Ranger of the White River National Forest wherein the following described
lands are located.
The United States, for and in consideration of the terms and conditions contained herein and the
payment to the United States of a rental in advance by the Lessee, does hereby grant to the Lessee a
lease for the following described communications facility in the County of PITKIN, State of
COLORADO,the NW1/4NW1/4 of Sec.34, T. 10 S.,R. 85 W., 6th P.M.,Loge Peak within Aspen
Highlands Ski Area (hereinafter called the "property"). The Lessee accepts this lease and possession of
the property, subject to any valid existing rights, and agrees not to use the property, or any part thereof,
except as a site for only the construction, operation, maintenance, and termination of a communications
facility. Authorized facilities under this lease include:
• Equipment shelter(s): None (Associated with Aspen Ski Company's SUP #ASP859)
• Antenna support structure(s): A 15' tall, 8' x 10' four-post galvanized steel antenna
platform with 302 feet of 3-inch conduit and other pertinent infrastructure for the
purpose of hosting a Digital Trunked Radio System (DTRS), in addition to other public
safety radio, two USFS repeaters, FM radio, commercial services, and microwave.
• Ancillary structure(s): None
The location of the property is shown generally on the site management plan and/or map dated July
2016 for the Communications Site, which is attached and made part hereof as Exhibit A.
The dated and initialed exhibits, attached hereto, are incorporated into and made a part of this instrument
as fully and effectively as if they were set forth herein in their entirety.
ASP860 PITCO Aspen Highlands Page 1 of 9
The parties agree that this lease is made subject to the following terms and conditions.
I. TENURE,RENEWAL AND TRANSFERABILITY
A. This lease shall terminate at one minute after midnight on 12/31/2036. Termination at the end of the
lease term shall occur by operation of law and shall not require any addition notice or documentation by
the Authorized Officer. This lease is not renewable; but the Lessee has the right to request a new lease
pursuant to Paragraph "C" below.
B. The Lessee shall undertake and pursue with due diligence construction and operation that is
authorized by this lease. To the extent specified in Exhibit B, operation shall commence on or before
August 15, 2016. This lease shall terminate if operation does not commence by that date,unless the
parties agree in writing, in advance,to an extension of the commencement date.
C. If the Lessee desires a new lease upon termination of this lease,the Lessee shall notify the Authorized
Officer accordingly, in writing. The notice must be received by the Authorized Officer at least one year
prior to the end of the lease term. The Authorized Officer will determine if the use should continue and,
if it is to continue, if a new lease should be issued to the Lessee and under what conditions. The
Authorized Officer shall require payment of any amounts owed the United States under any Forest
Service authorization before issuance of another authorization.
D. This lease is assignable with prior written approval of the Authorized Officer, except when rent has
been exempted or waived in whole or part. Renting of space does not constitute an assignment under this
clause.
II. RENTAL
A. The Lessee must pay in advance an annual rental determined by the Authorized Officer in accordance
with law, regulation, and policy. The annual rental will be adjusted by the Authorized Officer to reflect
changes in fair market value,annual adjustments using the Consumer Price Index-Urban(CPI-U),
changes in tenant occupancy, or phase-in rental,if applicable.
B. Rentals are due at the close of business on January 1 of each year for which a payment is due.
Payments in the form of a check, draft, or money order are payable to USDA,Forest Service. If the due
date for the rental or rental calculation statement falls on a non-work day,the charges shall not apply
until the close of business on the next workday. This lease terminates if rent is not received by the Forest
Service within 90 calendar days of the due date.
C. Pursuant to 31 U.S.C. 3717, et seq., interest shall be charged on any rental amount not paid within 30
days from the date the rental or rental calculation financial statement specified in this authorization
becomes due. The rate of interest assessed shall be the higher of the rate of the current value of funds to
the U.S. Treasury(i.e., Treasury tax and loan account rate), as prescribed and published by the Secretary
of the Treasury in the Federal Register and the Treasury Fiscal Requirements Manual Bulletins annually
or quarterly or at the Prompt Payment Act rate. Interest on the principal shall accrue from the date the
rental or rental calculation financial statement is due. In addition, an administrative penalty at a
percentage rate prescribed by law or regulation will be assessed for failure to pay any portion of the debt
ASP860 PITCO Aspen Highlands Page 2 of 9
that is more than 90 days past due. This paragraph shall survive the termination or revocation of this
lease, regardless of cause.
D. Disputed rentals are due and payable by the due date.No appeal of rentals will be considered by the
Forest Service without full payment of the disputed amount.
III. RESPONSIBILITIES OF THE LESSEE
A. The Lessee is authorized to rent space and provide other services to customers and/or tenants and
shall charge each customer/tenant a reasonable rental without discrimination for the use and occupancy
of the facilities and services provided. The Lessee shall impose no unreasonable restrictions nor any
restriction restraining competition or trade practices. By October 15 of each year, the Lessee shall
provide the Authorized Officer a certified statement listing all tenants and customers, by category of use
in the facility on September 30th of that year.
B. All development, operation and maintenance of the authorized facility, improvements, and equipment
located on the property shall be in accordance with stipulations in the communications site management
plan approved by the Authorized Officer. If required by the Authorized Officer,all plans for
development, layout, construction, or alteration of improvements on the property, as well as revisions of
such plans, must be prepared by a licensed engineer, architect, and/or landscape architect. Such plans
must be approved in writing by the Authorized Officer before commencement of any work. After
completion, as-built plans, maps, surveys, or other similar information will be provided to the
Authorized Officer and appended to the communications site management plan.
C. The Lessee will comply with applicable Federal, State, county, and municipal laws,regulations and
standards for public health and safety, environmental protection, siting, construction, operation, and
maintenance in exercising the rights granted by this lease. The obligations of the Lessee under this lease
are not contingent upon any duty of the Authorized Officer, or other agent of the United States, to
inspect the premises. A failure by the United States, or other governmental officials, to inspect is not a
defense to noncompliance with any of the terms or conditions of this lease. Lessee waives all defenses of
laches or estoppel against the United States. The Lessee shall at all times keep the title of the United
States to the property free and clear of all liens and encumbrances.
D. Use of communications equipment is contingent upon the possession of a valid Federal
Communication Commission(FCC) or Director of Telecommunications Management/Interdepartmental
Radio Advisory Committee (DTM/IRAC) authorization, and the operation of the equipment is in strict
compliance with applicable requirements of FCC or IRAC. A copy of each applicable license or
authorization shall at all times be maintained by the Lessee for each transmitter being operated. The
Lessee shall provide the Authorized Officer, when requested, with current copies of all licenses for
equipment in or on facilities covered by this lease.
E. The Lessee shall ensure that equipment within his or her facility (including tenant and customer
equipment) operates in a manner which will not cause harmful interference with the operation of
existing equipment on or adjacent to the communications site. If the Authorized Officer or authorized
official of the Federal Communication Commission(FCC) determines that the Lessee's use interferes
with existing equipment, the Lessee will promptly take the necessary steps to eliminate or reduce the
harmful interference to the satisfaction of the Authorized Officer or FCC official.
ASP860 PITCO Aspen Highlands Page 3 of 9
F. When requested by the Authorized Officer, the Lessee will furnish technical information concerning
the equipment located on the property.
IV. LIABILITIES
A. The Lessee assumes all risk of loss to the authorized improvements.
B. The Lessee shall comply will all applicable Federal, State, and local laws, regulations, and standards,
including but not limited to, the Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq.,the
Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq., the Comprehensive Environmental
Response, Control, and Liability Act, 42 U.S.C. 9601 et seq., and other relevant environmental laws, as
well as public health and safety laws and other laws relating to the siting, construction, operation and
maintenance of any facility, improvement, or equipment on the property.
C. Subject only to the limits on the Lessee's liability under Title 24, Article 10, of the Colorado
Governmental Immunity Act (CGIA), Colorado Revised Statutes (C.R.S.) §§ 24-10-101 through 24-10-
119, the Lessee shall indemnify, defend, and hold harmless the United States for any costs, damages,
claims, liabilities, and judgments arising from past,present, and future acts or omissions of the Lessee in
connection with the use and occupancy authorized by this Lease. This indemnification and hold
harmless provision includes but is not limited to acts and omissions of the Lessee or the Lessee's heirs,
assigns, agents, employees, contractors, or lessees in connection with the use and occupancy authorized
by this Lease which result in (1)violations of any laws and regulations which are now or which may in
the future become applicable, and including but not limited to those environmental laws listed in clause
IV.B of this lease; (2)judgments, claims, demands, penalties, or fees assessed against the United States;
(3) costs, expenses, and damages incurred by the United States; or(4)the release or threatened release
of any solid waste, hazardous waste, hazardous substance, pollutant, contaminant, oil in any form, or
petroleum product into the environment.
D. The Forest Service has no duty, either before or during the lease term,to inspect the property or to
warn of hazards and, if the Forest Service inspects the property, it shall incur no additional duty nor any
liability for hazards not identified or discovered through such inspections. This clause shall survive the
termination or revocation of this lease, regardless of cause.
E. The Lessee has an affirmative duty to protect from injury and damage the land, property, and other
interest of the United States. Damage includes but is not limited to fire suppression costs and all costs
and damages associated with or resulting from the release or threatened release of a hazardous material
occurring during or as a result of activities of the Lessee or the Lessee's heirs, assigns, agents,
employees, contractors, or lessees on, or related to, the lands, property, and other interests covered by
this Lease. For purposes of clause IV.E, "hazardous material" shall mean any hazardous substance,
pollutant, contaminant, hazardous waste, oil, and/or petroleum product, as those terms are defined under
any Federal, State, or local law or regulation.
1. The Lessee shall avoid damaging or contaminating the environment, including but not limited to
the soil, vegetation (such as trees, shrubs, and grass), surface water, and groundwater, during the
Lessee's use and occupancy of the site. If the environment or any government property covered by
this Lease becomes damaged during the Lessee's use and occupancy of the site, the Lessee shall
immediately repair the damage or replace the damaged items to the satisfaction of the Authorized
Officer and at no expense to the United States.
ASP860 PITCO Aspen Highlands Page 4 of 9
2. Subject only to the limits on the Lessee's liability under Title 24, Article 10, of the CGIA, C.R.S.
§§ 24-10-101 through 24-10-119, the Lessee shall indemnify the United States for any damages
arising out of the Lessee's use and occupancy authorized by this Lease. The Lessee shall be liable
for all injury, loss, or damage, including fire suppression, or other costs associated with
rehabilitation or restoration of natural resources, associated with the Lessee's use and/or occupancy.
Compensation shall include but is not limited to the value of resources damaged or destroyed, the
costs of restoration, cleanup, or other mitigation, fire suppression or other types of abatement costs,
and all administrative, legal (including attorney's fees), and other associated costs.
3. With respect to roads, the Lessee shall be liable for damages to all roads and trails of the United
States open to public use caused by use of the Lessee or the Lessee's heirs, assigns, agents,
employees, contractors, or lessees to the same extent as provided under clause IV.E.1 except that
liability shall not include reasonable and ordinary wear and tear.
F. Clauses IV.0 and IV.E.2 shall not be interpreted to limit any of the Lessee's liability for, or prevent
the United States from taking any action to address, injury, loss, damages, or costs associated with
environmental contamination, injury to natural resources, or other cause of action that arises under other
law, including the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901 et seq., the
Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 U.S.C.
9601 et seq., and the Clean Water Act, as amended, 33 U.S.C. 1251 et seq., in connection with the
Lessee's use and occupancy of Federal lands, or to diminish any independent obligation of the Lessee to
indemnify the United States with respect to the same.
G. The Lessee assumes all risk of loss of the authorized improvements. Loss to the authorized
improvements may result from, but is not limited to, theft, vandalism, fire and any firefighting activities
(including prescribed burns), avalanches,rising waters, winds, falling limbs or trees, and acts of God. If
the authorized improvements are destroyed or substantially damaged, the Authorized Officer shall
conduct an analysis to determine whether the improvements can be safely occupied in the future and
whether rebuilding should be allowed. If rebuilding is not allowed,the Lease shall terminate.
H. The Lessee has a continuing responsibility to identify and abate hazardous conditions in the Lease
area which could affect the improvements or pose a risk of injury to individuals. The Lessee shall
consult with the Authorized Officer before taking any action to abate such hazards.
I. The Authorized Officer has determined through a risk assessment that the potential liability of the
United States for property damage and personal injury or death arising from the Lessee's use and
occupancy authorized by this Lease is $350,000.00 per incident.
1. The Lessee shall maintain commercial general liability (CGL) coverage with a combined single
limit self-insurance and insurance procured from a third party covering property damage and
personal injury or death for $350,000.00 per incident and $990,000.00 in the aggregate. The
Lessee shall pay the premiums for any insurance procured under this clause. The self-insurance
documentation shall name the United States as a certificate holder, and the procured insurance policy
shall name the United States as an additional insured. The coverage under both types of insurance
shall extend to property damage and personal injury or death arising from the Lessee's activities
under the Lease, including use and occupancy of National Forest System lands and the construction,
maintenance, and operation of the structures, facilities, or equipment authorized by the Lease. If the
ASP860 PITCO Aspen Highlands Page 5 of 9
aggregate coverage limit in the procured insurance policy is reached or exceeded during the policy
period, the Lessee shall obtain an increase in the aggregate coverage limit or procure an additional
insurance policy to restore the aggregate coverage to what it was when the policy was issued. If the
aggregate coverage limit is reached or exceeded and the Lessee fails to obtain an increase in the
aggregate coverage limit or to procure additional insurance, this Lease shall terminate. The Lessee
shall provide notice within 48 hours to the Director of Physical Resources, Rocky Mountain Region
(303) 275-5350, if the aggregate coverage limit in the procured insurance policy is reached or
exceeded during the policy period.
2. Notwithstanding clauses IV.0 and IV.E.2 of this Lease, any limitation on the Lessee's liability
under state law, including but not limited to the Lessee's sovereign immunity and the CGIA, shall
not be construed in any way to impinge upon the ability of the United States to recover under the
procured insurance policy. CGL insurance shall be written on ISO occurrence form CG 00 01 12 07
(or a substitute form providing equivalent coverage) and shall cover liability arising from premises,
operations, independent contractors,personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business contract). The United
States shall be included as an additional insured under the CGL insurance policy, using USDA
Forest Service additional insured form FS-2700-33. Nothing in this clause precludes the Lessee or
the insurer from asserting any defense that may be available to the Lessee, including sovereign
immunity, in an action brought against the Lessee.
3. The Forest Service reserves the right to review and approve the self-insurance documentation and
any procured insurance policy. The Lessee shall send a copy of the approved self-insurance
documentation and an authenticated copy of any procured insurance policy to the Forest Service
immediately upon approval or issuance. The self-insurance documentation and any procured
insurance policy shall specify that the Forest Service shall be given 30 days prior written notice of
cancellation or any modification of the self-insurance documentation or procured insurance policy.
4. If there is a conflict between this Lease, the certificate of insurance or insurance policy provided
by the Colorado Department of Personnel and Administration, Risk Management Division(RMD)
(certificate or insurance policy) and/or RMD's insurance policy manuals (insurance policy manuals),
the order of precedence among those documents shall be (1)this Lease; (2)the certificate or
insurance policy; and (3) the insurance policy manuals.
5. If a claim is submitted to the United States for property damage and personal injury or death
arising from the Lessee's use and occupancy authorized by this Lease,the Forest Service shall tender
the defense of the claim to the respective representatives of the self-insurance and procured
insurance providers. The Lessee understands that tort claims against the United States are governed
by the Federal Tort Claims Act, which may result in the administrative denial of a claim. The
Lessee further understands that in litigation the United States is represented by the United States
Department of Justice (USDOJ) and agrees that representatives of the self-insurance and procured
insurance providers will coordinate the defense with USDOJ, if a claim is litigated.
J. In the event of any breach of the lease by the Lessee, the Authorized Officer may, on reasonable
notice, cure the breach for the account at the expense of the Lessee. If the Forest Service at any time
pays any sum of money or does any act which will require payment of money, or incurs any expense,
including reasonable attorney's fees, in instituting, prosecuting, and/or defending any action or
proceeding to enforce the United States rights hereunder, the sum or sums so paid by the United States,
ASP860 PITCO Aspen Highlands Page 6 of 9
with all interests, costs and damages shall, at the election of the Forest Service, be deemed to be
additional rental hereunder and shall be due from the Lessee to the Forest Service on the first day of the
month following such election.
V. OTHER PROVISIONS
A. Nondiscrimination. The Lessee shall at all timesoperate the described property and its appurtenant
areas and its buildings and facilities, whether or not on the property, in full compliance with Title VI of
the Civil Rights Act of 1964 and all requirements imposed by or pursuant to the regulations issued
thereunder by the Department of Agriculture and in effect on the date this lease is granted to the end that
no person in the United States shall, on the grounds of race, sex, color, religion or national origin, be
excluded from participation in, be denied the benefits of, or be subjected to discrimination under any of
the programs or activities provided thereon.
B. Revocation, Termination and Suspension.
1. General. For purposes of this lease,termination, revocation, and suspension refer to the cessation
of uses and privileges under the lease.
"Revocation" refers to an action by the Authorized Officer to end the lease because of
noncompliance with any of the prescribed terms, abandonment, or for reasons in the public interest.
Revocations are appealable.
"Termination" refers to the cessation of the lease under its own terms without the necessity for any
decision or action by the Authorized Officer. Termination occurs automatically when, by the terms
of the lease, a fixed or agreed upon condition, event, or time occurs. For example, the lease
terminates at expiration. Terminations are not appealable.
"Suspension" refers to a revocation which is temporary and the privileges may be restored upon the
occurrence of prescribed actions or conditions. Suspensions are appealable.
2. This lease may be suspended or revoked upon breach of any of the conditions herein or upon
nonuse. Nonuse refers to a failure to operate the facilities on the property for a period of 1 year.
3. Except in emergencies, the Authorized Officer shall give the Lessee written notice of the grounds
for revocation or suspension and a reasonable time, not to exceed 90 days,to complete the corrective
action. After 90 days, the Forest Service is entitled to such remedies as provided herein.
4. This lease may be revoked at the discretion of the Forest Service when in the public interest.
When revoked in the public interest,the Lessee shall be compensated subject to the availability of
appropriated funds. Compensation shall be based upon the initial cost of improvements located on
the lease, less depreciation as allocated over the life of the improvements as declared by the Lessee's
Federal tax amortization schedules.
5. Any discretionary decisions or determinations by the Authorized Officer on revocation or
suspension are subject to the appeal regulations at 36 CFR 214, or revisions thereto.
ASP860 PITCO Aspen Highlands Page 7 of 9
6. In the event the Authorized Officer decides not to issue a new lease, or the Lessee does not desire
a new lease, the Authorized Officer and the Lessee shall, within six months prior to the termination
date of this lease, agree upon a mitigation plan to restore and stabilize the site.
7. Upon termination or revocation of the authorization, delinquent fees and other charges associated
with the authorization will be subject to all rights and remedies afforded the United States pursuant
to 31 U.S.C. 3711 et seq. Delinquencies may be subject to any or all of the following conditions:
a. Administrative offset of payments due the holder from the Forest Service.
b. Delinquencies in excess of 60 days shall be referred to United States Department of Treasury
for appropriate collection action as provided by 31 U.S.C. 3711 (g), (1).
c. The Secretary of the Treasury may offset an amount due the debtor for any delinquency as
provided by 31 U.S.C. 3720, et seq.).
In the event this lease is revoked for noncompliance, the Lessee shall remove all structures and
improvements within 90 days, except those owned by the United States, and shall restore the site as
nearly as reasonably possible to its original condition unless this requirement is otherwise waived in
writing by the Authorized Officer.
If the Lessee fails to remove all structures or improvements within the prescribed period, they shall
become the property of the United States and may be sold, destroyed, or otherwise disposed of without
any liability to the United States.
C. Members of Congress. No member of or Delegate to Congress or Resident Commissioner shall
benefit from this lease whether directly or indirectly, except when the lease provides a general benefit to
a corporation.
D. Reservations. This lease is granted subject to the following reservations by the United States:
1. The right to all natural resource products now or hereafter located on the property unless stated
otherwise, and the right to utilize or dispose of such resources insofar as the rights of the Lessee are
not unreasonably affected.
2. The right to modify the communications site plan as deemed necessary.
3. The right to enter upon the lease and inspect all facilities to assure compliance with the conditions
of this lease.
4. The right of the United States to require common use of the property, and the right to authorize
use of the property for compatible uses, including the subsurface and air space.
In the event of any conflict between any of the preceding printed clauses or any provisions thereof
and any of the following clauses or any provision thereof, the preceding clauses shall control.
E. Superseded Authorization(X-18). This authorization supersedes an authorization designated
ASP688 Pitkin County Board of County Commissioners 10/20/2014.
ASP860 PITCO Aspen Highlands Page 8 of 9
•
F. Disputes(X-96). Appeal of any provisions of this authorization or any requirements thereof shall be
subject to the appeal regulations at 36 CFR 251, Subpart C, or revisions thereto.
ACCEPTED this A 7 day of A-05P SI , 2016, adce/ R/Ch.et ve& ,
(Printed Name)
the undersigned have read,understan. . +d accept the terms and conditions of this lease.
0111111tamagh, V5V.91
Lessee �0 J &x c
Kele -e'
IN WITNESS WHEREOF,the Forest Service,by its Authorized Officer,has executed this lease on the
day and year first written above.
UNITED STATES OF AMERICA
ttL•Q. 1 7�1
SCOTT G. FITZWILLIAMS,Forest Supervisor
Forest Service
Department of Agriculture
According to the Paperwork Reduction Act of 1995,an agency may not conduct or sponsor,and a person is not required to respond to a collection of
information unless it displays a valid OMB control number.The valid OMB control number for this information collection is 0596-0082.The time required
to complete this information collection is estimated to average one(1)hour per response,including the time for reviewing instructions,searching existing
data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information.
The U.S.Department of Agriculture(USDA)prohibits discrimination in all its programs and activities on the basis of race,color,national origin,age,
disability,and where applicable,sex,marital status,familial status,parental status,religion,sexual orientation,genetic information,political beliefs,reprisal,
or because all or part of an individual's income is derived from any public assistance.(Not all prohibited bases apply to all programs.)Persons with
disabilities who require alternative means for communication of program information(Braille,large print,audiotape,etc.)should contact USDA's TARGET
Center at 202-720-2600(voice and TDD).
To file a complaint of discrimination,write USDA,Director,Office of Civil Rights,1400 Independence Avenue,SW,Washington,DC 20250-9410 or call
toll free(866)632-9992(voice).TDD users can contact USDA through local relay or the Federal relay at(800)877-8339(TDD)or(866)377-8642(relay
voice).USDA is an equal opportunity provider and employer.
The Privacy Act of 1974(5 U.S.C.552a)and the Freedom of Information Act(5 U.S.C.552)govern the confidentiality to be provided for information
received by the Forest Service
ASP860 PITCO Aspen Highlands Page 9 of 9
NOTES:
,-BAA GRATE I. CONCRETE TO BE QUIKRETE 6000 CONCRETE MIX OR EQUAL,APPROVED BY
WORK POINT / THE ENGINEER
I 2. INSTALL HILTI ANCHORS PER MFG REQUIREMENTS
I GUSSET PLATE - �• I 3. REINFORCING TO MEET REQUIREMENTS OF A615-60.
I 4. ALL COMPONENTS TO BE HOT DIP GALVANIZED
I % -i--�---i _I 6. ALL BOLTED CONNECTIONS TO UTRIZE I'S HARDWARE
%/ 7�' j / \. I B. BOLTS TO BE A326,WASHERS TO BE F436 AND NUTS TO BE/363-0H.
% 7. CONCRETE SURFACE TO HAVE A BROOMED FINISH.
/ \ B. ALL STEEL COMPONENTS TO BE MELTED,ROLLED,AND FABRICATED IN THE
% 3.
I %
401,1111r
� 3 UNITED STATES OF AMERICA.CONTRACTOR TO FURNISH OWNER WITH MILL
CERTIFICATES BEFORE CONSTRUCTING THE PLATFORM.
HSS LE i // ;'GUSSET PLATE ��\I 9. ALL CONCRETE AND STEEL PLATFORM COMPONENTS TO BE TREATED WITH
% 2 BOLT HOLES /I f_ -= STAIN FROM NATINA PRODUCTS.STAIN TO BE APPLIED PER MANUFACTURER'S
/ CENTERED ON BEAM 1:' \ RECOMMENDATIONS.
I j i // -Jr \,\
WORK POINT I
Es,.....
‘ / MIN TO EDGE \
OF PLATE
1, I
8
I-3T ,i.. DETAIL C
BRACE TO MID-SPAN OF EAST-WEST BEAM
\ 'GUSSET TO BASE
7' REMOVE LOOSE ^ rSEE DETAIL E
3/ 'U1TEfCOLOMN ,'GUSSET PLATE gOILANOPOUR r Wt3 ''
CONCRETE R T 1'MIN U I B 9
r GRATE L,penCium �elik_� z,$F 9
"11
DETAIL A
3'. i I�� t J}5Ai
BRACE TO COLUMN BASE PLATE 1 FOUNDATION ELEVATION I)f,` J ixlp
} }I4p
I PLATFORM BASE i2 U`s a/8'
GUSSET PLATE WITH 1'-10' I 1'111" PLATE,TYP. N'A
RATE 2 00LT NOLES I 2.20
0 a
WORK POINT CENTERED ON BEAM 2'Ct• T,{• I
•
i I
1-1-1-1-1 1-1-1-1-1_.1-1-1-1-1-Iv.Ic1=1=1=1=1;MPI
Ine �i i \ 1-\0\•\ :: 2', W 8 S
E
...A/111W 1 LP I
..- ,-\ DETAIL D C.Aidd
\
// ' I' 1B ai-i �\, HAND RAIL DETAIL
%
0
% 1 M TO EDGE Of PLATE ONGITUDINAL
/' 1''2• REINFORCING TO BE
,� FOUNDATION PLAN CONTINUOUSINAL AROUND DETAIL B
Via
11 ON-SHRIKOROUT FOUNDATION CORNERS y,.
BRACE TO MID-SPAN OF NORTH BEAM rMAx
�_ �• ILII HAS•E COI•ROT:
BONDEDHAS-E CONCRETE WITH
HILTI HR-HY 200A EPDXY;
tltl?i I L, d • FOUR N)TOTAL PER LEG.
xiBZ d d ��LI�.
#1 HOOPS @ 12'O.0 p�; F4. -II AS a •°
d e e �. c 6 1
•
ip '
NI LONGITUDINAL BARS ,• , 4.'. .. Ma
..
ss/ONALG' O8APR2016
r is3.ax
:£ DETAIL E + - I
6. ANCHOR DETAIL
t
t:
DESIGN CRITERIA: 11", ,, I
1. BUILDING CODE2009 INTERNATIONAL BUILDING CODE. ""
10' 2. STANDARDS:ALL LATEST EDITIONS
s 2.1. AMERICAN INSTITUTE OF STEEL CONSTRUCTION(AISC}LOAD AND RESISTANCE FACTOR DESIGN
SPECIFICATIONS FOR STRUCTURAL STEEL.BUILDINGS
2,2. AMERICAN CONCRETE INSTITUTE(ACI)-BUILDING CODE REQUIREMENTS FOR REINFORCED
IL 3.5>t3•}rI LL88
CONCRETE-ACI FCONFLICTS
ONFLCTS BETWEEN THE MOST
nrr
3 SHALL GOOVERN.THI E CONTRACTOR SHALL OBTAIN N COPIES OFSTIE ABOVE CSODES AND RINGE STANDARDS AND
I
HAVE THEM AVAILABLE ON THE JOBSITE AT ALL TIMES. .... .
4. WIND LOADING:
4.1. BASIC WIND SPEEDti90 MPH
4.2. WIND IMPORTANCE FACTOR,IW=1,15
4.3. EXPOSURE CATAGORY:C
11 4.4, TOPOGRAPHIC FACTOR:2.92
4.6. ELEVATION PRESSURE REDUCTION COEFFICIENT:0.699
4.8. WIND DESIGN PRESSURE=37.3 PSF
5. LIVE LOAOa100PSF
6. THEW LTFORM PSF
1}'x1}k11{'C C BAR ORATE T THE PLATFORM HAS BEEN DESIGNED TO CARRY THE LOADS FROM COMMUNICATIONS EQUIPMENT WITH
TOTAL EPA OF UP TO 125.7 FT'.THIS LOAD SHALL BE EQUALLY DISTRIBUTED ON THE STRUCTURE'S
LEGS AND HANDRAILS.ADDITIONALLY.EQUIPMENT WITH NO MORE THAN 25 Fl°EPA SHALL.BE MOUNTED
!"
ABOVE THE HANDRAIL AND NO MORE THAN 12.5E14 EPA SHALL BE MOUNTED ABOVE THE HANDRAIL ON
AIANY INDIVIDUAL LEG.
8. LADDER TO BE OSHA COMPLIANT AND BE DESIGNED AND PROVIDED BY THE CONTRACTOR.
G. CONTRACTOR TO SUPPLY THE COUNTY WITH FABRICATION DRAWINGS FOR APPROVAL BEFORE W t;
PROCUREMENT OF ANY MATERIALS. O_w1T0 L./C6..�-. U%B a8
.'0 • t ,` J:II :
LL3.5.34 LLBBo6ss�OMq(...4 '''OBAPR2016 0 4A
__. U
FLOOR FRAMING PLAN BLADDER
1 _ _--11— u.. HSS � 1
1 Y
HSS 2x2>c]
W
111
SEE OETAL D
J
HSS 2
I s �3 Ili i
14
5.
Nifemr4�. ' SEE DETAIL C
a¢� \
1_7:
S1 i ..1 ',// �,„- '7/' I_I N y�4ry / \\\ sem u�,Dl
H / i / \
I
A !illikk.,\I .— _—
SEEDETAIL A`, i% 0759�i
E� �Y�../
_. — EASTnnrEST ELEVATION 5.
Ai 7✓ NORTHISOUTH ELEVATION
.x -601
t_ —--______,
:„
(2,4Q ,.(
%,
„,
0
-�dQ,
IQ)
41,40,
CI)
1Q ' \ 9
p-' "`2\ �0 o.Vi Q )- X11 's
QR
t'
t� r9'
c, y,
c
24/2 Ton flatbed Truck
3/8"ENS Trolley line
r€XISTING TOWER
/
/ Primary Staging
0 Area
11/
1 -_o' \
/ 1
rp ROPOSED LOCATI•
/ /FOR NEW TOWER
% Pickup
7 �� w/Capstan Hoist
Synthetic Rope I
I \
i 1
/ 1
f_-._.. / 1 STEEP SLOPE
STEEP SLOPE •
i
/
\
.
,..., ,// N\
Secondary
Staging Area
I
i
1
I .\
■ 1 `-EXISTING GUYED TOWER
g /
'g
%fi
F.
11 v \
i 1N�1
Pia
I 1.04,17,.',IllSCJ
-+A-
AO.r.,_,..!..,
Cx t LOGE PEAK SITE PLAN �rt1 N�
�'�` "`'`''� '�` PITKIN COUNTY
RE 9r51C
}099 NP.301. 42 1ti3 13 3- 1CR.CO 80211 O�a1MV:t`J N
cy 0.303.4}-3163 (33341-3100 Z •,
1.777777 �y�ytN0vNt101NG9Yt(Vat-45010uY.Com
f - - _ , ,'y.
=s. �. eau ,a , r r� ya�t'� . _ .. q 3 ,«
a .."_.s .-• _= _.: -1*--.,-
�c
_v �
.
-�-.
� a
New Above � � �
-t• - � ` _� , y Ground Conduit g � :. FF_ q
_k . t ,yn,_}p, �:9r.� _�� , 4r..als +a► - ,b
{ te,(Black / Gray pi ` t� '
it • • f _ - `�r " .l . '7.---;-0T,---7--;=‘,1:21:**-........ "-_- �
. ,. k !
'y A �� te _ -bi-` - '._ _ -.._,- Pry .ce ' - °' s- , ,,_ . aw
m� 4•y
Y r •
r
<
7
r
} # � gr -, i 'mss •a
# _
'1`; z a .i . . s, °S - { "rte` , ,--•-.-2..---,!. -
tr * .
r
• ♦
,.
_
: + . !<� . _ c. Ya
. - _ -
< v
---ti,''4 k 'A '_ x , : , ..-.rte •
x #. .b.
4.144
- ,
s
}
a
•
t _ ♦ e
x a
•
r
x•55 Y
w
=t.
Faf
.3
r
4
t
•
_
f
a
t
4;1
y� < F .. F
x▪, T- • _ it - ,. "" .
S
• $.g '• - a`y '.. - -:_ ...: - E. ••t j3 ! 'h,A '1 as
v •
a ;
nt'
% I.4 k gallon -a
i:
. - - ..'''''-',,*-:•
.
'u �b-- I ami. # >to
d�' q r r _ - - - - ' - ,t
%-- (b 1 y 3 !�'� ec a�F
', - yj► .t''s i a9 _# +- ♦ 'r i'.� d •s s..
} : " - Ars= - _ •<-s". k`, „ .R d�" - .1:
x :4''
_ ', -'*t ny.#, a.,?x.11'' < - • ta i �`�
_
r't _ k.1 �., :,.. �' .� , 'fig � 0.
.....1: -'
4
a• `
r F
: -IS: _ _ -; . ,,,.. -i _e k �r , la ,44, Vi�.`�1 , qt
aIL
STKjJ%
v Board of Commissioners
COUNTS Regular Meeting Agenda
. ........................... ....
WEDNESDAY, September 14, 2016 - 12:00 NOON Community Room at the Library
(Commissioner Child not attending)
Additions/Deletions to Agenda
Public Comments(please limit to 5 minutes per speaker unless otherwise advised by the Chair)
Commissioner Comments
Consent Items:
Consent Items—Single Reading:
1. Minutes of Regular Meeting of August 24th, Special Meeting of August 23rd and Work Sessions of August
16th and August 23rd
Consent Public Hearings
2. Application Submitted by 13 Moons Ranch, LLC for a Special Event Liquor Permit, Jeanette Jones
Individual Consideration Items/One Reading:
1. Citizen Board Appointments, Charlotte Anderson
2. Child Welfare Services: Approval of State Three Year Core Services Plan (2016-2019), Kim DuBois
Individual Consideration Items/First Reading set for Public Hearing on September 28:
3. Ordinance to Purchase Property at 123 Emma Road, Basalt (packet material to be handed out at meeting)
4. Ordinance Accepting Covenant for Maintenance of Rockfall Barrier& Stormwater Facilities for Lot 20 Little
Cloud LLC, ISt Reading, S. Wolff
Individual Consideration Items/Emergency Ordinance First Reading set for Confirmatory Hearing on September 28`"
5. Emergency Resolution Approving an IGA with the Town of Snowmass Village for a Digital Trunk Radio Site,
Drew Petersen
Individual Consideration Items/Public Hearing, 2nd Readings:
6. Resolution for Renewable Energy Mitigation Program (REMP)Funding for 2016/2017 CORE Programs and
Grants, Cindy Houben/Mona Newton
7. Resolution to Opt into the Commercial Property Assessed Clean Energy Program(CPACE), Cindy Houben
8. Ordinance for Acquisition of Lazy Glen Open Space Bridge Easement, Matthew Adeletti (to be continued to
September 28 so that a survey of the parcels can be done)
9. Resolution Authorizing the Emergency Managers Performance Grant, Valerie MacDonald
10. Recognition of Snowmass Creek Caucus,John Ely
Individual Consideration Items/Confirmatory Reading:
11. Emergency Ordinance Authorizing a Communications Use Lease Agreement With the U.S. Forest Service For
the Loge Peak Communications Site Within Aspen Highlands Ski Area, Kara Silbernagel
Land Use Public Hearings:
1. Deadwood Ranch CD-PUD Amendment, Lot Line Adjustment/Merger,Activity Envelope Review and GMQS
Exemption, PH(PN 8/11/16 ), (Continued to 9/28/16 at request of Applicant). S. Wolff
2. Deadwood Ranch Rezoning and Code Amendments, 1" Reading, PH(PN 8/11/16),(Continued to 9/28/16 at
request of Applicant), S. Wolff
3. AML Investment IV LLC Activity Envelope and Site Plan Review, PH(PN 8/11/16),T. Kochen
4. Soldner Subdivision Detailed Submission and Final Plat, Pt Reading, PH(8/11/16), S. Wolff
Land Use Actions:
5. RSS Living Trust-Minor Amendment to a Development Permit, M. Kraemer
Open Discussion
Adjourn Regular Meeting
AGENDA and TIMES ARE SUBJECT TO CHANGE
9/20/2016 2:16 PM
Board of Commissioners
Regular Meeting Agenda
Wednesday, September 28,2016, Community Room at the Library
Additions/Deletions to Agenda
Public Comments (please limit to 5 minutes per speaker unless otherwise advised by the Chair)
Commissioner Comments
Individual Consideration Items
Individual Consideration Items/First Readings set for Public Hearing on October 12:
1. Resolution Authorizing an Intergovernmental Agreement with Colorado Parks and Wildlife in Regard to Deer
Creek Open Space, Gary Tennenbaum
2. Resolution Approving an Intergovernmental Agreement with the City of Aspen for Construction of the Pitkin
County Sheriff and Administration Facility and the Aspen Police Department Facility,Jodi Smith
Individual Consideration Public Hearing(one reading) 05
Individual Consideration Items/Public Hearing, 2nd Readings: ) ( 11"
3. Ordinance to Purchase Property at 123 Emma Road, Basalt
4. Ordinance for Acquisition of Lazy Glen Open Space Bridge Easement,Matthew Adeletti
5. Ordinance Accepting Covenant for Maintenance of Rockfall Barrier and Stormwater Facility for Lot 20 Little
Cloud LLC, 2"d Reading, (PN 9/14/16), S. Wolff V
Land Use Items:
Land Use Public Hearings:
1. Soldner Subdivision Detailed Submission and Final Plat, 2"d Reading, PH(9/16/16), S. Wolff
2. Deadwood Ranch CD-PUD Amendment, Lot Line Adjustment/Merger,Activity Envelope Review and GMQS
Exemption, (Continued PH from 9/14/16), PH(PN 8/11/16). S. Wolff
3. Deadwood Ranch Rezoning and Code Amendments, 1't Reading, S. Wolff
Open Discussion
Adjourn Regular Meeting
AGENDA and TIMES ARE SUBJECT TO CHANGE
9/20/2016 1:29 PM