HomeMy WebLinkAboutC88-060 Mountain Top ManagementL
C88 -60 -05
MOUNTAIN TOP MANAGEMENT, INC.
201 Centennial, Suite 308
Glenwood Springs, Colorado 81602
LEASE AGREEMENT FOR THE USE OF
CERTAIN COMMUNICATIONS FACILITIES
This is an agreement, made this 1st day of April, 1988, by and
between Mountain Top Management, Inc. (MTM), a Colorado corporation, and
Eagle County Sheriff's Office (Subscriber), regarding the use of certain
transmitter facilities on a multi -user carnmunications facility located on
certain federal lands in the State of Colorado. This agreement, which
includes stipulations contained within the attached Bureau of Land
Management (BEM) right-of-way grant (Grant), reflects the entire
understanding between the parties; there are no promises, agreements,
conditions, understandings, warranties, or representations, oral or
written, express or implied, between the parties, other than as herein set
forth. Subscriber has inspected the equipment to be utilized hereunder and
finds the equipment and facilities suitable for its needs.
WHEREAS, MTM has obtained from the BEM, U.S. Department of the
Interior, a Grant which confers on MTM a nonexclusive right to construct,
operate, maintain, and sublease, for communications purposes, a multi -user
communication transmitter facility and access road (collectively
"facility ") on certain public lands situated in the State of Colorado,
which location is described as the Sixth Principal Meridian; lots 3,4, SW /4
and 91/4 SE /4 Section 19, T3S, R84W; and NW 14 SW /4 Section 8, SW /4 NW /4 and
E/2 SW /4 Section 17, and W/2 NE /4 Section 20, VS, R84W (Castle Peak
Multi -User Site [Site]); and
WHEREAS, Subscriber has, in fact, obtained said requisite license
authority fram the FCC or IRAC, and desires to rent user space on the
facility owned and operated by MTM;
NOW, THEREFORE, in consideration of the above recitals and mutual
benefits accruing to the parties by virtue of this lease agreement, the
parties agree as follows:
1. MTM agrees to lease to Subscriber, for a term of five (5)
years, user space on the facility owned and operated by MTM. MTM further
agrees to allow Subscriber reasonable access to said facility for all
activities reasonably related to Subscriber's communications operations.
2. In return for said user space and subleased access, Subscriber
agrees to pay MTM rental rates in accordance with the following schedule:
A. Building Rental Fee:
$100.00 per month for the use of up to 48" (linear) of 19"
(linear) rack space, or for a standard cabinet, not more
than 48 "h X 18 "d. Any additional space required will be
prorated at a charge of $25.00 per month per each
additional linear foot of rack space or equivalent cabinet
space.
DOC #2 -5
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B. Tower Rental Fee:
No monthly fee shall be charged for antennas owned or used
by Subscriber and placed on MTM -owned and operated tower
facilities, except for antennas whose wind thrusts at 100
mph exceed 300 lbs. (7.5 sq. ft. surface area), a monthly
charge of $.10 per pound will be charged for the excess
over 300 lbs.
For antennas whose length occupies more than 10' of
vertical tower space, a monthly fee of $5.00 per foot will
be charged for the excess over 101. The space required
for electrical spacing fran another antenna will be
charged for as well, if applicable.
C. Electrical Usage Fee:
For 48" of linear rack space occupied, Subscriber shall
receive 1 Kilowatt hour of 110 -volt, AC electrical energy,
per day. Any excess of this amount shall be paid for by
the Subscriber at the current utility company rate, and
shall be billed to Subscriber on a regular basis. MTM
reserves the right to pass on to the Subscriber any
increase in utility rates on a prorated basis.
D. The total monthly rental for building and tower rental
fee, based on the above schedule, shall be one hundred
fifty dollars ($150.00). This rate may be modified by
changes in the usage of the facilities, modification of
this agreement, and changes in the rates charged MTM by
the BEM or others for use of the site or facility. All
rates are subject to change, with BEM approval, and are
not bound by the terms of this agreement. Such payments
are due on, and will be tendered, no later than the last
day of the month for which rental applies.
3. In the event that Subscriber fails to timely tender any
payments owed under the terms of this agreement, MTM may, at its option,
terminate all services provided to the Subscriber; provided, that MTM shall
serve notice of any intention to disconnect by registered mail to
Subscriber and local FCC authority. Such notice shall be mailed ninety
(90) days prior to any action so taken.
4. Subscriber further agrees to pay immediately to MTM the sum of
one hundred fifty dollars, such sum equal to one (1) month's rent, to be
held as a deposit by MTM throughout the term of this agreement and
thereafter to be returned to Subscriber, less that sun equal to any damages
incurred by virtue of Subscriber's operations on the facility or other
property owned or leased by MTM. This sum is not intended to serve as
liquidated damages and nothing herein shall preclude MTM's recovery of the
full amount of any actual damages caused by Subscriber.
5. Subscriber hereby acknowledges and warrants that its access to
and activities on the site shall be limited to those activities reasonably
related to the Subscriber's communications operations. Subscriber further
warrants that only Subscriber, its employees, and agents shall seek
physical access to the transmitter building, and that any and all service
personnel employed by Subscriber and requiring key access to said
transmitter building are hereby designated by Subscriber to be its agents.
To this end Subscriber further warrants that:
DOC#2 -5
50Z
A. Subscriber will reasonably notify MIM prior to any desired
access to the transmitter building by Subscriber, its
employees or agents.
B. Subscriber, its employees and agents, shall comply with
any transmitter access sign -in protocol established by MTM.
C. Subscriber shall indemnify MTM against liability for any
and all injuries or damages to Subscriber, its employees,
agents, or to third parties including MTM, its employees, or
agents, which injuries or damages arise from any activities of
Subscriber, its employees, or agents at the site.
MTM WILL NOT BE RESPONSIBLE FOR LOSSES TO SUBSCRIBER -OWNED
EQUIPMENT. Subscriber shall insure all Subscriber -owned
equipment against all types of losses, and shall provide an
insurance certificate or statement of indemnification to MTM
prior to installation. Subscriber shall obtain general
liability insurance in the amount of $100,000 and provide
proof thereof prior to installation.
Subscriber who performs maintenance, or Subscriber's agent
if agent performs maintenance, shall provide evidence of
$250,000 liability insurance before being given access to the
site for installation or maintenance. A valid certificate of
such will be filed with and updated as necessary for MTM
during the term of this agreement.
6. Subscriber and its agents agree to completely cooperate with
MTM to reasonably eliminate interference which degrades any user's system
performance. To this end, Subscriber agrees to cooperate in the efforts,
same of which may be, but are not limited to, those stated in the following
stipulations:
A. To coordinate with M M all frequency usage within the site
named in this agreement. To this end, MTM will study and
recommend frequencies that tend to eliminate or minimize
interference and intermodulation. Men a frequency is
available that will not interfere, it shall be used in lieu of
a frequency that does. Use of the site may be denied to a
potential subscriber based on a proposed frequency usage that
has potential for interference or intermodulation effect
detrimental to existing subscribers on the site as well as
neighboring users on other existing BIM rights -of -way on the
same mountain top.
B. To utilize MTM community antenna, combiner, and
multi - coupler systems when available and practicable. Men
Subscriber is utilizing an MIM- supplied antenna or combiner
system, Subscriber agrees to purchase a share of the
combiner /antenna system, the price of which is to be the fair
market value of the entire combiner /antenna system divided by
the number of available ports. Subscriber also agrees to pay
a port tuning fee of $150.00 to MTM at the time that
Subscriber hooks up. All payments for hook -up and for use of
the port(s) are due and payable to MTM at the time of hook -up.
If Subscriber vacates port(s) at a later date, MTM agrees to
refund the original cost of the port(s) vacated, less the port
tuning fee, within thirty (30) days of vacancy.
DOC$2 -5
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ffIM shall supply port performance specifications to
Subscriber, who shall agree to their acceptance prior to
entering the combiner /antenna system. This agreement for
acceptance of the combiner /antenna performance shall be based
on individual engineering for frequency used and shall be an
addendum to this agreement.
C. Subscriber agrees to correct any malfunction in
Subscriber's equipment that causes harmful interference to
other BLM mountaintop users or other MTM subscribers within
forty -eight (48) hours of notification to Subscriber or
Subscriber's agent. I£ harmful interference from Subscriber's
equipment persists beyond the forty -eight (48) hour deadline,
MTM may disconnect Subscriber's equipment if, in the opinion
of MTM, another radio system's performance is being adversely
affected and Subscriber or its agents are not being diligent
in correcting the problem. The local FCC field office and the
BEM land use manager shall be notified in advance of any such
action by MTM.
D. If Subscriber uses a separate servicing agent to install,
repair, modify, or maintain Subscriber's equipment, acceptance
of this agreement by MTM will be binding on Subscriber's
servicing agent and consequently will bind the agent to the
provisions of the Grant. Subscriber or his agent shall
register all authorized servicing personnel with MTM prior to
building access and inform MTMT of any change in the status of
servicing personnel.
7. In the event that the BLM terminates the Grant conferred on
MTM, Subscriber shall, at the option of the designated BIM authorized
officer, either transfer to the next BLM- designated Grantee or apply for
said Grant in Subscriber's own name.
8. No waiver or modification of this agreement shall be valid
unless signed by all of the parties hereto, who hereby declare this
agreement to be a full and complete integration of any and all prior or
contemporaneous promises, agreements, conditions, negotiations, and
undertakings between them. All of the covenants, conditions, and
obligations contained in this agreement shall be binding upon and inure to
the benefit of successors and assigns of the parties.
IN WITNESS THEREOF, the parties have signed, sealed, and delivered
this agreement on this, the lst day of April, 1988.
Attest:
Title -�-�
DOC #2 -5 -4-
MOUNTAIN TOP MANAGEMENT,
r
EAGLE COUNTY,: "STATE OF COLORADO
BOARD OF COUNTY COMMISSIONERS
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