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HomeMy WebLinkAboutbocc.ord.045.199911111111111111111111111ZIIIII IIIII 111111111/ 111111111 439988 01/31/2000 02:20P ORDINANC DAVIS SILVI 1 of 12 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING A LEASE AND SUBLEASE FOR THE OPERATION OF THE COMMUNICATIONS FACILITY FOR THE PITKIN COUNTY SHERIFF'S OFFICE ORDINANCE NO.99-`/.5 Recitals 1. Airtouch Cellular received land use approvals to construct a cellular communications transmission facility on property of Judith Royer located at 1581 Lower River Road, Lot 14, Aspen River Valley Ranch, Resolution No. 99-26, which approval included a site for installation of an antenna pole for a communications facility for the sheriff's office. The sheriff's office supported the application because it would allow the sheriffs office and Pitkin County to install communications equipment at the site, to provide better radio communications with the emergency responders and enhance the ability of citizens to obtain rapid emergency response. The owner of the property, Judith Royer, is willing to lease sufficient space for installation of a county tower, on terms and conditions substantially as set forth in the lease attached as Exhibit A and incorporated by this reference. 2. Airtouch Cellular has agreed to sublease space within its equipment facility to the county on the terms and conditions set forth in the sublease agreement attached as Exhibit B. 3. It is in the best interest of the county to enter into the lease and sublease agreements for improved emergency communications within the county. NOW THEREFORE, be it ordained by the Board of County Commissioners of Pitkin County, Colorado that the Board of County Commissioners authorizes the Chair to execute the lease and sublease substantially in the form of those attached in Exhibits A and B. INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE 13th DAY OF OCTOBER, 1999. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON 16TH DAY OF OCTOBER, 1999. APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 27TH DAY OF OCTOBER, 1999. Ordinance No. 98- 0 Page 2 1 IIIIII IIIII 11111111111 Till 1111111111 III 1111111111111 439988 01/31/2000 02:20P ORDINRNC DAVIS SILVI 2 of 12 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO PUBLISHED AFTER ADOPTION IN THE� E ND EDITION OF THE ASPEN TIMES ON THE 'O a- DAY O,to 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO .X, 0/1\4_Vt ette Jones, Dei' ty Clerk ' Leslie J. Lam , C air Datdc c-14tx-- ZI 1991 APPROVED AS TO FORM: may, ounty Attorney Konchan, County Manager roh9 c:\home\viduv\ords\shercomm.doc 1111111 11111 "III' 1111 111111 11111 11111III 11111 11111111 439988 01/31/2000 02:20P ORDINANC DAVIS SILVI 3 of 12 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO LEASE AGREEMENT CONTRACT # % This Lease Agreement ("Agreement") is made and entered into as of the 15th day of March,1999, between Judith B. Royer, Lessor and the Board of County Commissioners of Pitkin County, Colorado, Lessee. A. Lessor is the owner of certain real property located in the County of Pitkin, State of Colorado, described in Exhibit A attached hereto and made a part hereof by this reference (the "Property"). B. Lessee desires to lease a portion of the Property to be determined by Lessee, consisting of approximately nine (9) square feet (the "Premises") as well as rights -of -ways and easements for ingress, egress, and utilities thereto. The Premises are described in Exhibit A attached hereto and made a part hereof by this reference. The Premises may be more specifically described following a survey which may be obtained at a later time. For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee agree as follows: ARTICLE 1. 1.01 Basic Information. In addition to the terms that are defined elsewhere in this Agreement, the following terms are used in this Agreement: (a) Premises: the Premises located at: 1581 Lower River Road, Snowmass, Colorado (b) Lessor: Judith B. Royer (c) Lessor's Address: P.O. Box 486 Snowmass, CO 81654 Attn: Judith B. Royer Telephone: (970) 923-5728 (d) Lessor's Rent Payee: same as above (e) Lessee: Board of County Commissioners of Pitkin County, Colorado (f) Lessee's Address: 530 East Main Street Aspen, CO 81611 Attn: County Manager Telephone: (970) 920-5200 (g) Commencement Date: the date set forth above. IIIIII 11111111111111111111111111111111111111111111101 439988 01/31/2000 02:20P ORDINRNC DAVIS SILVI 4 of 12 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO (h) Expiration Date: the date preceding the 5th anniversary of the Commencement Date, or as extended pursuant to Article 3.03. (i) Rent: payable twelve months in advance at $100.00 per month for the first year of the initial term, with five percent (5%) annual increases thereafter as set forth on schedule attached as Exhibit B and incorporated by this reference. (j) Renewal Terms: two (2) consecutive periods of five (5) years each followed by one (1) period of four (4) years, beginning on the date following the Expiration Date. ARTICLE 2. 2.01 Legal Description. Lessor grants Lessee the right, but not the obligation, at any time during the term of this Agreement, to obtain a survey of the Premises at Lessee's expense. The legal description that may be derived from the survey will become Exhibit C, which will be attached hereto and made a part hereof, and shall control in the event of any inconsistency between it and Exhibit A. ARTICLE 3. 3.01 Lease Term. The term of this lease ("Lease") shall begin on the Commencement Date and shall expire on the Expiration Date. Beginning on the Commencement Date. Lessor shall deliver possession of the Premises to Lessee. together with the non-exclusive right for ingress and egress, and parking, seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, cables, conduits, and pipes over, under, or along a twenty (20) foot wide right-of-way and easement extending from the nearest public right-of-way[s], Lower River Road, along the Lessor's driveway to the twelve (12) foot wide right-of-way ingress, egress (See Exhibit A) to the Premises. Lessor agrees to execute without delay any easement documents as may be required by any utility company in connection with Lessee's use of the Premises. Access by motor vehicles and pedestrians is allowed on the East side of the parcel ONLY (See Exhibit A) along the mentioned twelve (12) foot wide right-of-way ingress, egress. 3.02 Rent. Lessee shall pay Rent to the name and address specified as Lessor's Rent Payee, pursuant to the schedule attached as Exhibit B. 3.03 Right to Extend. Lessee shall have the right to extend the term of this Lease for the Renewal Terms. Notice of the exercise of the right to extend the term shall be given by Lessee to Lessor at least six (6) months before the end of each such period. 3.04 Renewal Rental. Renewal rental shall be paid annually in amounts set forth on Exhibit B. 1111111111111111111111111111111111111111111111111111111 439988 01/31/2000 02:20P ORDINANC DAVIS SILVI 3 of 12 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 3.05 Lessee's Use. Lessee shall use the Premises for the purpose of constructing, maintaining, and operating an antenna support structure and necessary connecting appurtenances to be used as part of a communications facility and uses incidental thereto (the "Facility"). Lessee has entered into a separate Sublease with Airtouch Communications, Inc., which has also leased space from Lessor on the Property as shown on Exhibit A, consisting of an equipment shelter, in which Lessee uses space for operation of Lessee's communications facility. All improvements on the Premises shall be at Lessee's expense. Lessee shall maintain the Premises in reasonable condition. In addition, in the event of a natural or man made disaster, in order to protect the health, welfare and safety of the community, Lessee may erect additional telecommunications facilities and install additional equipment on a temporary basis on the Property to assure continuation of service. Lessee hereby consents to the use of Lessor's Property by another communication provider for the erection, operation and maintenance of a transmission facility (including an antenna structure) so long as (a) Lessor provides not less than sixty (60) days' prior notice to Lessee of the erection of such facility together with facility specifications for Lessee's approval, (b) the antenna structure shall be erected a distance of not less than twenty (20) feet, vertically and horizontally, from Lessee's antenna structure, (c) the erection, maintenance and operation of such transmission facility shall not result in any impairment or diminution in the quality of the communications service rendered by Lessee to or from the Property, and (d) no changes shall be made to the antenna structure of such other provider without Lessee's prior written consent, which consent shall not be unreasonably withheld. If Lessee deems, in its sole discretion, that the provisions of this article have been violated by Lessor or such other provider, Lessee shall provide Lessor with notice of such violation. If such violation is not cured or mitigated (at no expense to Lessee) within twenty-four (24) hours of receipt of such notice, Lessor shall cause such other provider to immediately cease use of its radio system, or portion thereof causing such interference, until such time as the interference is cured. Lessor shall require that any agreement with such other provider shall include a provision requiring compliance by such other provider with the provisions of this article. 3.06 Termination. This Agreement may be terminated, without any penalty or further liability, on sixty (60) days written notice as follows: (a) by either party on default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days following receipt of notice of default (without, however, limiting any other rights available to the parties pursuant to any other provisions hereof); (b) by Lessee if Lessee does not obtain or maintain any license, permit or other governmental approval necessary to the construction or operation of the Facility or Lessee's business; (c) by Lessee if the Airtouch Cellular Equipment Shelter is no longer available for use by Lessee; or (d) by Lessee if the Premises are or become unacceptable to Lessee under Lessee's design or engineering specification for its Facility or for the communications system to which the Facility belongs. No later than sixty (60) days after the termination of this Agreement, by expiration of the term or otherwise, Lessee will remove its personal property and fixtures and restore the 3 1111111 "III IIIII' IIIII 11111111111 IIIII III 1111111111111 439988 01/31/2000 02:20P ORDINANC DAVIS SILVI 6 of 12 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Premises to their condition on the Effective Date, reasonable wear and tear excepted. If time for removal causes Lessee to remain on the Premises after termination of this Lease, Lessee shall pay rent at the then existing monthly rate or the existing monthly pro-rata basis if based on a longer payment term. until such time as the removal of the personal property and fixtures is completed. At Lessor's option, which shall be exercised by written notice to the Lessee no later than sixty (60) days prior to the termination of this Lease, Lessee will leave the foundation which shall become the property of Lessor. ARTICLE 4. 4.01 Lessee's Insurance. Lessee agrees to maintain general liability insurance for claims for bodily injury or death and property damage with combined single limits of not Tess than $1,000,000 combined single occurrence limit. 4.02 Waiver of Subrogation. Lessor and Lessee each waive any and all rights to recover against the other, or against the officers, directors, shareholders, partners, joint ventures, employees, agents, customers, invitees or business visitors of such other party, for any loss or damage to such waiving party arising from any cause covered by any property insurance required to be carried pursuant to this article or any other property insurance actually carried by such party, Lessor and Lessee, from time to time, will cause their respective insurers to issue appropriate waiver of subrogation rights endorsements to all property insurance policies carried in connection with the Property or the Premises or the contents of either. 4.03 Damage. If the Premises or a portion of the Property necessary for Lessee's occupancy is damaged during the term of this Lease by any casualty which is insured under standard fire and extended coverage insurance policies, Lessor will repair or rebuild the Premises to substantially the condition in which the Premises were immediately prior to such destruction. The Rent or Renewal Rent, as applicable, will be abated proportionately during any period in which there is substantial interference with the operation of Lessee's business. If the Premises are damaged to the extent that it would take, in Lessor's reasonable judgment, more than thirty (30) days to repair, then either Lessor or Lessee may terminate this Lease. 4.04 Indemnification. During the term of this Lease, to the extent permitted by law, the Lessee shall indemnify and hold Lessor harmless against any claim of liability or loss from personal injury or property damage caused by the negligence or willful misconduct of the Lessee, its servants or agents except to the extent that such claims or damages may be due to or caused by the acts or omissions of the Lessor, its servants, agents, or any other party for whom Lessor may be responsible. ARTICLE 5. 5.01 Lessor Compliance. Lessor represents and warrants that, as of the date of this Lease, the Premises and the Property comply with all applicable laws, statutes, ordinances, rules, codes, regulations, orders, and interpretations of all federal, state, and other governmental or 4 %y 111111 11111 1111111 11111 IIIIII 11111 111111 III 11111 1111 1111 439988 01/31/2000 02:20P ORDINRNC DAVIS SIIVI 7 of 12 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO quasi -governmental authorities having jurisdiction over the Property (collectively, "Laws"). At its sole cost and expense, Lessor will promptly comply with all Laws, and will cause the Premises and the Property to comply with all Laws, except to the extent that such compliance is required solely as a result of Lessee's use or occupancy of the Premises. If any modifications are required to be made to the Property after the date hereof as a result of any Laws, Lessee shall have no liability for any costs therefor, whether as a pass -through of operating expenses or otherwise. ARTICLE 6. 6.01 Change in Property. Lessor agrees to notify Lessee immediately if at any time during the term of this Agreement, Lessor decides to subdivide, sell, or change the status of the Premises or the Property, or if Lessor learns of any pending or threatened or contemplated actions, litigation, claims, condemnations, or other proceedings which would affect the Premises or any part of the Premises, or any land use or development proposals affecting property in the vicinity of the Property of which Lessor receives actual Notice. 6.02 Successors and Assigns. This Agreement shall run with the Property and shall be binding on and inure to the benefit of the parties, their respective successors, personal representatives and assigns. Lessee shall have the right, without prior notice to or consent by Lessor, to assign or transfer this Lease or to sublet the Premises, which assignment, transfer or sublease shall fully release Lessee from any further obligations or liability under the terms of this Lease commencing on the effective date of the assignment, transfer or sublease. 6.03 Complete Agreement. It is hereby mutually agreed and understood that this Agreement contains all agreements, promises, and understandings between Lessor and Lessee and that no other agreements, promises, or understandings shall or will be binding on either Lessor or Lessee in any dispute, controversy, or proceeding at law, and any addition, variation, or modification to this Agreement shall be void and ineffective unless in writing and signed by the parties hereto. 6.04 Applicable Law. This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the state in which the Premises are located. 6.05 Notices. All notices and other communications required or permitted under this Agreement shall be in writing and shall be given by United States first class mail, postage prepaid, registered or certified, return receipt requested, or by hand delivery (including by means of a professional messenger service) addressed to the party for whom it is intended at its address set forth in article 1. Any such notice or other communication shall be deemed to be effective when actually received or refused. Either party may by similar notice given change the address to which future notices or other communications shall be sent. 6.06 Authority. Each of the individuals executing this Agreement on behalf of the Grantee or the Grantor represents to the other party that such individual is authorized to do so by requisite action of the party to this Agreement. 5 —Ci Y mom z semet., 6.08 Recording. Lessor shall execute and Lessee shall be permitted to record at any -c m time a memorandum of this Agreement. Lessee shall also be permitted to record a notice of o m exercise of the Option, which shall evidence the commencement of the lease concurrent with the MIN-N ▪ Z exercise of the Option as provided for herein. If the Option is not exercised or if the lease portion N m of this Agreement is terminated prior to the expiration of its term, Lessee shall record an m m appropriate instrument to clear the memorandum from the title to the Property. mc BNB IN WITNESS WHEREOF, the parties hereto have set their hand and affixed their respective seals the day and year first above written. —�N a0•"1 02 10 o — 6.07 Disputes. Any claim, controversy, or dispute arising out of this Agreement shall be settled by arbitration in accordance with the applicable rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the county where the property is located. LESSOR: JUDITH B. ROYER Lut g Date: 1o• 2S- 95 LESSEE: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO slie Lam nt Chair /• Date: fl 1 C9-t1-Q,yv1 , ! , 1999' Acknowledgment on Following Page 6 STATE OF COLORADO COUNTY OP$F' On this -5 day of � F dam. , 1999, before me, the undersigned, a Notary Public in and for the State of Colorado, duly commissioned and sworn, personally appeared Judith B. Royer, to me known to be the individual described in and who executed the foregoing instrument and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. ) ss. ) 1111111 11111 1111111111111111111 IIIII III IIIII 1111111 439988 01/31/2000 02:20P ORDINANC DAVIS SILVI 9 of 12 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO WITNESS my hand and official seal hereto affixed the day and year first above written. otary ' . blic in and residing at: My appointment expires: y E37. ono o c: Wickiv bbiebirtoucMroyeriease.mc 7 j N zrn N2 O it A • • � 1 CO3 ROARING FORK - 3 (ROARINGFORK) ICI TE SANE P IOPEDY AS 9/gN\MB8 CO. ARM Viler -e• MA araa�a PEnIFIER ••CMITECTE PC MO leas mot ..t...dmpumm.dolsza AirTouch / USMST Horeb! Gm essossouritsis320 SPY *mu E Belme. ~pm OY•A1400 YIOOA S l>01••ffS,MWR MP\. _, 111111 11111 IIIIII 11111 IIIIII 11111 11111III 111111 III 1111 439988 01/31/2000 02:20P ORDINANC DAVIS SILVI 11 of 12 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO INITIAL FIVE YEAR TERM:* First year Second year Third year Fourth year Fifth year EXHIBIT B RENT SCHEDULE $100.00 per month $100.00 per month $100.00 per month $100.00 per month $100.00 per month $1,200 per year $1,200 per year $1,200 per year $1,200 per year $1,200 per year *Payment for the entire five year term shall be payable in one lump sum payment of $6,000.00, paid within 30 days of approval of the Ordinance authorizing this Agreement. FIRST RENEWAL TERM:** First year Second year Third year Fourth year Fifth year SECOND RENEWAL TERM:** First year Second year Third year Fourth year Fifth year THIRD RENEWAL TERM:** First year Second year Third year Fourth year **Payable 12 months in advance. $127.58 per month $134.00 per month $140.67 per month $147.75 per month $155.08 per month $162.33 per month $171.00 per month $179.50 per month $188.50 per month $197.91 per month $207.83 per month $218.25 per month $229.17 per month $240.67 per month $1,531 per year $1,608 per year $1,688 per year $1,773 per year $1,861 per year $1,954 per year $2,052 per year $2,154 per year $2,262 per year $2,375 per year $2,494 per year $2,619 per year $2,750 per year $2,888 per year The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County. Pitkin County's obligations under this Agreement are subject to Pitkin County's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No I IIIIII "III IIIIII IIIII IIIIII IIIII IIIII III IIIIII III IIII 439988 01/31/2000 02:20P ORDINANC DAVIS SILVI 12 of 12 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Exhibit B, continued Page 2 provisions of this Agreement shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of this Agreement shall be construed or interpreted as creating a multiple -fiscal year direct or indirect debt or other financial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation. This Agreement shall not directly or indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin County's then current fiscal year. No provisions of this Agreement shall be construed to pledge or create a lien on any class or source of Pitkin County's moneys, nor shall any provision of this Agreement restrict the future issuance of Pitkin County's bonds or any obligations payable from any class or source of Pitkin County's money. c:thome\vickiv debbidainouch exhibit b-2.doc 111111 11111 Bill 11111 IIIIII 11111 11111III 11111 IT IIII 439989 01/31/2000 02:22P LEASE DAVIS SILVI 1 of 10 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO LEASE AGREEMENT 99- CONTRACT # / g0 This Lease Agreement ("Agreement") is made and entered into as of the 15`h day of March,1999, between Judith B. Royer, Lessor and the Board of County Commissioners of Pitkin County, Colorado, Lessee. A. Lessor is the owner of certain real property located in the County of Pitkin, State of Colorado, described in Exhibit A attached hereto and made a part hereof by this reference (the "Property"). B. Lessee desires to lease a portion of the Property to be determined by Lessee, consisting of approximately nine (9) square feet (the "Premises") as well as rights -of -ways and easements for ingress, egress, and utilities thereto. The Premises are described in Exhibit A attached hereto and made a part hereof by this reference. The Premises may be more specifically described following a survey which may be obtained at a later time. For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee agree as follows: ARTICLE 1. 1.01 Basic Information. In addition to the terms that are defined elsewhere in this Agreement, the following terms are used in this Agreement: (a) Premises: the Premises located at: 1581 Lower River Road, Snowmass, Colorado (b) Lessor: Judith B. Royer (c) Lessor's Address: P.O. Box 486 Snowmass, CO 81654 Attn: Judith B. Royer Telephone: (970) 923-5728 (d) Lessor's Rent Payee: same as above (e) Lessee: Board of County Commissioners of Pitkin County, Colorado (f) Lessee's Address: 530 East Main Street Aspen, CO 81611 Attn: County Manager Telephone: (970) 920-5200 (g) Commencement Date: the date set forth above. 111111 11111 IIIIII III1I IIIIII 11111 Ill III 11111 IT 1111 439989 01/31/2000 02:22P LEASE DAVIS SILVI 2 of 10 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO (h) Expiration Date: the date preceding the 5th anniversary of the Commencement Date, or as extended pursuant to Article 3.03. (i) Rent: payable twelve months in advance at $100.00 per month for the first year of the initial term, with five percent (5%) annual increases thereafter as set forth on schedule attached as Exhibit B and incorporated by this reference. (j) Renewal Terms: two (2) consecutive periods of five (5) years each followed by one (1) period of four (4) years, beginning on the date following the Expiration Date. ARTICLE 2. 2.01 Legal Description. Lessor grants Lessee the right, but not the obligation, at any time during the term of this Agreement, to obtain a survey of the Premises at Lessee's expense. The legal description that may be derived from the survey will become Exhibit C, which will be attached hereto and made a part hereof, and shall control in the event of any inconsistency between it and Exhibit A. ARTICLE 3. 3.01 Lease Term. The term of this lease ("Lease") shall begin on the Commencement Date and shall expire on the Expiration Date. Beginning on the Commencement Date. Lessor shall deliver possession of the Premises to Lessee. together with the non-exclusive right for ingress and egress, and parking, seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, cables, conduits, and pipes over, under, or along a twenty (20) foot wide right-of-way and easement extending from the nearest public right-of-way[s], Lower River Road, along the Lessor's driveway to the twelve (12) foot wide right-of-way ingress, egress (See Exhibit A) to the Premises. Lessor agrees to execute without delay any easement documents as may be required by any utility company in connection with Lessee's use of the Premises. Access by motor vehicles and pedestrians is allowed on the East side of the parcel ONLY (See Exhibit A) along the mentioned twelve (12) foot wide right-of-way ingress, egress. 3.02 Rent. Lessee shall pay Rent to the name and address specified as Lessor's Rent Payee, pursuant to the schedule attached as Exhibit B. 3.03 Right to Extend. Lessee shall have the right to extend the term of this Lease for the Renewal Terms. Notice of the exercise of the right to extend the term shall be given by Lessee to Lessor at least six (6) months before the end of each such period. 3.04 Renewal Rental. Renewal rental shall be paid annually in amounts set forth on Exhibit B. 2 1111111 111111E111 IIIII 1111111111111111III III 11111111 439989 01/31/2000 02:22P LEASE DAVIS SILVI 3 of 10 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 3.05 Lessee's Use. Lessee shall use the Premises for the purpose of constructing, maintaining, and operating an antenna support structure and necessary connecting appurtenances to be used as part of a communications facility and uses incidental thereto (the "Facility"). Lessee has entered into a separate Sublease with Airtouch Communications, Inc., which has also leased space from Lessor on the Property as shown on Exhibit A, consisting of an equipment shelter, in which Lessee uses space for operation of Lessee's communications facility. All improvements on the Premises shall be at Lessee's expense. Lessee shall maintain the Premises in reasonable condition. In addition, in the event of a natural or man made disaster, in order to protect the health, welfare and safety of the community, Lessee may erect additional telecommunications facilities and install additional equipment on a temporary basis on the Property to assure continuation of service. Lessee hereby consents to the use of Lessor's Property by another communication provider for the erection, operation and maintenance of a transmission facility (including an antenna structure) so long as (a) Lessor provides not less than sixty (60) days' prior notice to Lessee of the erection of such facility together with facility specifications for Lessee's approval, (b) the antenna structure shall be erected a distance of not less than twenty (20) feet, vertically and horizontally, from Lessee's antenna structure, (c) the erection, maintenance and operation of such transmission facility shall not result in any impairment or diminution in the quality of the communications service rendered by Lessee to or from the Property, and (d) no changes shall be made to the antenna structure of such other provider without Lessee's prior written consent, which consent shall not be unreasonably withheld. If Lessee deems, in its sole discretion, that the provisions of this article have been violated by Lessor or such other provider, Lessee shall provide Lessor with notice of such violation. If such violation is not cured or mitigated (at no expense to Lessee) within twenty-four (24) hours of receipt of such notice, Lessor shall cause such other provider to immediately cease use of its radio system, or portion thereof causing such interference, until such time as the interference is cured. Lessor shall require that any agreement with such other provider shall include a provision requiring compliance by such other provider with the provisions of this article. 3.06 Termination. This Agreement may be terminated, without any penalty or further liability, on sixty (60) days written notice as follows: (a) by either party on default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days following receipt of notice of default (without, however, limiting any other rights available to the parties pursuant to any other provisions hereof); (b) by Lessee if Lessee does not obtain or maintain any license, permit or other governmental approval necessary to the construction or operation of the Facility or Lessee's business; (c) by Lessee if the Airtouch Cellular Equipment Shelter is no longer available for use by Lessee; or (d) by Lessee if the Premises are or become unacceptable to Lessee under Lessee's design or engineering specification for its Facility or for the communications system to which the Facility belongs. No later than sixty (60) days after the termination of this Agreement, by expiration of the term or otherwise, Lessee will remove its personal property and fixtures and restore the 3 1111111 11111 Bill 11111 111111 11111 11111III 11111 111111 439989 01/31/2000 02:22P LEASE DAVIS SILVI 4 of 10 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Premises to their condition on the Effective Date, reasonable wear and tear excepted. If time for removal causes Lessee to remain on the Premises after termination of this Lease, Lessee shall pay rent at the then existing monthly rate or the existing monthly pro-rata basis if based on a longer payment term. until such time as the removal of the personal property and fixtures is completed. At Lessor's option, which shall be exercised by written notice to the Lessee no later than sixty (60) days prior to the termination of this Lease, Lessee will leave the foundation which shall become the property of Lessor. ARTICLE 4. 4.01 Lessee's Insurance. Lessee agrees to maintain general liability insurance for claims for bodily injury or death and property damage with combined single limits of not less than $1,000,000 combined single occurrence limit. 4.02 Waiver of Subrogation. Lessor and Lessee each waive any and all rights to recover against the other, or against the officers, directors, shareholders, partners, joint ventures, employees, agents, customers, invitees or business visitors of such other party, for any loss or damage to such waiving party arising from any cause covered by any property insurance required to be carried pursuant to this article or any other property insurance actually carried by such party, Lessor and Lessee, from time to time, will cause their respective insurers to issue appropriate waiver of subrogation rights endorsements to all property insurance policies carried in connection with the Property or the Premises or the contents of either. 4.03 Damage. If the Premises or a portion of the Property necessary for Lessee's occupancy is damaged during the term of this Lease by any casualty which is insured under standard fire and extended coverage insurance policies, Lessor will repair or rebuild the Premises to substantially the condition in which the Premises were immediately prior to such destruction. The Rent or Renewal Rent, as applicable, will be abated proportionately during any period in which there is substantial interference with the operation of Lessee's business. If the Premises are damaged to the extent that it would take, in Lessor's reasonable judgment, more than thirty (30) days to repair, then either Lessor or Lessee may terminate this Lease. 4.04 Indemnification. During the term of this Lease, to the extent permitted by law, the Lessee shall indemnify and hold Lessor harmless against any claim of liability or loss from personal injury or property damage caused by the negligence or willful misconduct of the Lessee, its servants or agents except to the extent that such claims or damages may be due to or caused by the acts or omissions of the Lessor, its servants, agents, or any other party for whom Lessor may be responsible. ARTICLE 5. 5.01 Lessor Compliance. Lessor represents and warrants that, as of the date of this Lease, the Premises and the Property comply with all applicable laws, statutes, ordinances, rules, codes, regulations, orders, and interpretations of all federal, state, and other governmental or 4 111111 11111 111111 11111 111111 11111 11111 III 11111 1111 1111 439989 01/31/2000 02:22P LEASE DAVIS SILVI 5 of 10 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO quasi -governmental authorities having jurisdiction over the Property (collectively, "Laws"). At its sole cost and expense, Lessor will promptly comply with all Laws, and will cause the Premises and the Property to comply with all Laws, except to the extent that such compliance is required solely as a result of Lessee's use or occupancy of the Premises. If any modifications are required to be made to the Property after the date hereof as a result of any Laws, Lessee shall have no liability for any costs therefor, whether as a pass -through of operating expenses or otherwise. ARTICLE 6. 6.01 Change in Property. Lessor agrees to notify Lessee immediately if at any time during the term of this Agreement, Lessor decides to subdivide, sell, or change the status of the Premises or the Property, or if Lessor learns of any pending or threatened or contemplated actions, litigation, claims, condemnations, or other proceedings which would affect the Premises or any part of the Premises, or any land use or development proposals affecting property in the vicinity of the Property of which Lessor receives actual Notice. 6.02 Successors and Assigns. This Agreement shall run with the Property and shall be binding on and inure to the benefit of the parties, their respective successors, personal representatives and assigns. Lessee shall have the right, without prior notice to or consent by Lessor, to assign or transfer this Lease or to sublet the Premises, which assignment, transfer or sublease shall fully release Lessee from any further obligations or liability under the terms of this Lease commencing on the effective date of the assignment, transfer or sublease. 6.03 Complete Agreement. It is hereby mutually agreed and understood that this Agreement contains all agreements, promises, and understandings between Lessor and Lessee and that no other agreements, promises, or understandings shall or will be binding on either Lessor or Lessee in any dispute, controversy, or proceeding at law, and any addition, variation, or modification to this Agreement shall be void and ineffective unless in writing and signed by the parties hereto. 6.04 Applicable Law. This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the state in which the Premises are located. 6.05 Notices. All notices and other communications required or permitted under this Agreement shall be in writing and shall be given by United States first class mail, postage prepaid, registered or certified, return receipt requested, or by hand delivery (including by means of a professional messenger service) addressed to the party for whom it is intended at its address set forth in article 1. Any such notice or other communication shall be deemed to be effective when actually received or refused. Either party may by similar notice given change the address to which future notices or other communications shall be sent. 6.06 Authority. Each of the individuals executing this Agreement on behalf of the Grantee or the Grantor represents to the other party that such individual is authorized to do so by requisite action of the party to this Agreement. 5 6.07 Disputes. Any claim, controversy, or dispute arising out of this Agreement shall be settled by arbitration in accordance with the applicable rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the county where the property is located. 6.08 Recording. Lessor shall execute and Lessee shall be permitted to record at any time a memorandum of this Agreement. Lessee shall also be permitted to record a notice of exercise of the Option, which shall evidence the commencement of the lease concurrent with the exercise of the Option as provided for herein. If the Option is not exercised or if the lease portion of this Agreement is terminated prior to the expiration of its term, Lessee shall record an appropriate instrument to clear the memorandum from the title to the Property. IN WITNESS WHEREOF, the parties hereto have set their hand and affixed their respective seals the day and year first above written. 1111111 11111 HMI III IIIIII III 'I"I III'III IIII IIII 439989 01/31/2000 02:22P LEASE DAVIS SILVI 6 of 10 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO LESSOR: JUDITH B. ROYER Aat, Date: l O. 2 C - 9 LESSEE: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AT T: Jean Jte Jones, Deputy Acknowledgment on Following Page 6 l STATE OF COLORADO ) G'/ rtG/c ) ss. COUNTY OF."' ) c�G On this 5 day of ��" r , 1999, before me, the undersigned, a Notary Public in and for the State of Colorado, duly commissioned and sworn, personally appeared Judith B. Royer, to me known to be the individual described in and who executed the foregoing instrument and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. 111E11 111111 111111 11111 111111 IIIII 11111111 1111111111111 439989 01/31/2000 02:22P LEASE DAVIS SILVI 7 of 10 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO WITNESS my hand and official seal hereto affixed the day and year first above written. 3 • 0 tea 'o• "c:me\vickiv\debbie\airtouch\royerlease.doc otaryiblic in and residing at: My appointment expires: ya.-�noo 7 o V M )- 101161 ~ —46 0 MI10 le M Z Q 0.1 Y M =y O. �W m • m d � N —Nm gym Imo eD N m 114=18 • —«, _8 aM1/54 Go �ooO ° — N if q/fE,YF ' NOES ON THE SAE PROPERTY AS - wT nI4A 1511 LOWER FIVER ROAD �m ism ,•• • - • SNOWMAN,, CO. S E56 rery 141, 0 co c < rn S. -"1-1 i coa ROARiN FORK a P E R l U 11 E R (ROARINGFORK) ECH,TECTE pC • UMW LAR• os Daman Air Touch / USWESTNerledaCrap Ca1E:ia0MaMM9PE 33101E A Aroma SE 1 ObF EON ai rn -m ?r 1° 0 >E "0 so c = n0 n blr a C m N 0 1 1 lc Y OEM0 =MI� Z EXHIBIT B �U)0 IMMO� I-. RENT SCHEDULE aSe I0I- N = Nd a CD m INITIAL FIVE YEAR TERM:* nom la M m =N = First year $100.00 per month $1,200 per year IMIM• ci m Second year $100.00 per month $1,200 per year MIE0 m Third year $100.00 per month $1,200 per year moo N Fourth year $100.00 per month 61 $1,200 per year �� m Fifth year $100.00 per month $1,200 per year ter» �m a *Payment for the entire five year term shall be payable in one lump sum payment of $6,000.00, mooa) 4.1 paid within 30 days of approval of the Ordinance authorizing this Agreement. �wrto —o• 0 FIRST RENEWAL TERM:** First year Second year Third year Fourth year Fifth year SECOND RENEWAL TERM:** $127.58 per month $134.00 per month $140.67 per month $147.75 per month $155.08 per month $1,531 per year $1,608 per year $1,688 per year $1,773 per year $1,861 per year First year $162.83 per month $1,954 per year Second year $171.00 per month $2,052 per year Third year $179.50 per month $2,154 per year Fourth year $188.50 per month $2,262 per year Fifth year $197.91 per month $2,375 per year THIRD RENEWAL TERM:** First year Second year Third year Fourth year **Payable 12 months in advance. $207.83 per month $218.25 per month $229.17 per month $240.67 per month $2,494 per year $2,619 per year $2,750 per year $2,888 per year The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County. Pitkin County's obligations under this Agreement are subject to Pitkin County's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No 111111 IINI 111111 IIIII 1111111111111111111111111111 {III 439989 01/31/2000 02:22P LEASE DAVIS SILVI 10 of 10 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Exhibit B, continued Page 2 provisions of this Agreement shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of this Agreement shall be construed or interpreted as creating a multiple -fiscal year direct or indirect debt or other financial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation. This Agreement shall not directly or indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin County's then current fiscal year. No provisions of this Agreement shall be construed to pledge or create a lien on any class or source of Pitkin County's moneys, nor shall any provision of this Agreement restrict the future issuance of Pitkin County's bonds or any obligations payable from any class or source of Pitkin County's money. c:\home\vickiv\debbie\airtouch1exhibit b-2.doc