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Home My WebLink AboutC01-284 Buchholz License Agreement13 f } 4- LICENSE AGREEMENT Between: Buchholz Family Partnership, Julia I Buchholz as General Partner 3135 South York Street Englewood, CO 80110 ( heremafter "Owners ") and The County of Eagle P.O. Box 359 Eagle Colorado 81631 "Licensee ") C' concerning: Access License for the maintenance of a tower and transmission equipment RECITALS (hereinafter WHEREAS, Licensee is desirous of obtaining an agreement from Owners for a License for ingress and egress across Owners' land, for the purpose of Licensee's maintaining a tower and transmission equipment located on property further described in the attached Exhibit "A'; WHEREAS, Owners and Licensee have agreed to terms and conditions for the granting of such a license and they desire to document such terms and conditions; WHEREAS, in exchange for payment of certain fees, Owners agree to permit Licensee access to the property described in the attached Exhibit "A" and the parties desire to reduce their agreement to writing; NOW, THEREFORE, the parties agree as follows: NATURE OF LAND USE GRANTED 1.0 License to use Roadway. Licensee is hereby granted a license to enter on to the property of Owners for the purposes of gaining ingress and egress across the Owners' land for the purpose of maintaining a tower and transmission equipment. This license will permit Licensee to have ingress and egress upon any and all roadways on the Owners' property located in Eagle County, Colorado which is depicted in the attached Exhibit A, weather conditions permitting. 2.0 License Fee. Licensee shall pay fees to Owners as follows: The License fee will be determined on the number of call signs, frequency, category of use and station class. The Following will be cost factors on current installations: 1 Each individual call sign - annual fee $678.78 Same call sign - different frequency - annual fee $339.39 Private Mobile Radio Service Per Each Call Sign - Annual Fee $395.95 Current services Provided as of September 1, 2001: Call Sian Frequency Station Class Base Charge WPJL925 855.23750 FB7 $678.78 WPJL925 856.23750 FB7 $339.39 WPJL925 856.93750 FB7 $339.39 WPJL925 857.93750 FB7 $339.39 WPJL925 858.93750 FB7 $339.39 WPJL925 859.93750 FB7 $339.39 WPJL925 860.93750 FB7 $339.39 WPNA570 10551.25000 FB7 $1.696.94 ANNUAL FEE $4,412.06 Licensee shall be responsible, upon installation of new equipment, to notify the Buchholz Family Partnership of the call sign, frequency, station class of said equipment. The following annual billing will reflect said New equipment. Similarly, if a call sign is eliminated through proper notification to the FCC then the following annual billing will reflect said change. If notification is not given, then the License Agreement is cancelled. Owners will present an invoice on the first of September for each year of said License Agreement with payment due on or before the 10th day of the September. Each annual License fee will be increased by 5% to reflect cost of living on September 1 of each year of this Agreement, beginning with September 1, 2002. 3.0 Term. The term of this license shall be for five years, commencing on the first day of September, 2001, and ending on the 31 st day of August, 2006. 3.1 Termination. This license may be terminated without cause upon written notice from either party, given one hundred twenty (120) days before the date on which it is to terminate. 3.2 Termination Upon Default. Owners shall have the right to terminate immediately this Agreement in the event of any default by Licensee with respect to the covenants herein. Owners shall serve written notice of the condition of default upon Licensee, and this Agreement shall terminate ten (10) days after the date on such notice, subject to any subsequent entered into 2 C C agreement between the parties concerning the cure of the default condition. CONDITIONS AND RESTRICTIONS 4.0 Licensee's Sole Expense. All construction, erection, and maintenance of the tower and transmission equipment shall be at the sole expense of Licensee. 4.1 Maintenance. Impassable Roads. Licensee hereby acknowledges that snow and other weather conditions may make impassable roads over the Owners' property, and that Licensee's obligations to pay fees and to make other performances shall not be diminished. Licensee further acknowledges that Owners have no obligation whatsoever under this Agreement to maintain the road for the benefit of Licensee. Owners have explained to Licensee that maintenance of the road is performed by other licensees and lessees, and that such other licensees and lessees may require Licensee to contribute to the costs of maintaining the road, and Licensee here agrees that it shall cooperate and that it shall contribute to the maintenance of the road as it may agree with these other licensees and lessees; and Licensee further agrees that such cooperation and contribution shall not be a substitute for, but shall be in addition to the payments and performances here required to be given to the Owners. 4.2 Licensee Responsible for Damages. Licensee shall be responsible for any damages occasioned by its use of roadways across Owners' land. 4.3 Indemnification. Licensee agrees to indemnify and save Owners harmless from any and all claims, demands, or suits regarding Licensee's use of the road across Owners' land, including reasonable attorney's fees incurred in the enforcement of this provision. 4.4 Gates and Locks. Licensee agrees that as long as the Owners maintain a gate with a lock across the access road, that Licensee shall keep the gate locked at all times. Licensee shall provide Owners with two copies of any key added to the gate across the access road. 4.5 Default Damages. In the event of a default by the Licensee, the Owners may elect to treat this Agreement as in full force and effect and may seek damages or other legal remedies as may be available to Owners, and Owners shall be entitled to any and all costs, including reasonable attorney's fees, in connection with enforcement of this Agreement or the collection of damages with respect thereto. 4.6 No Hunting, Fishing. Nothing in this Agreement shall be construed to give Licensee, or any of Licensee's officers, agents, employees, or dependents of employees any right whatsoever to fish or hunt on the Owner's property. Licensee agrees that it shall inform all of the persons which Licensee might cause to come on the Owners' property to be informed of this prohibition against hunting and fishing on the Owners' property. r G 01 4.7 No Residual Rights. Upon termination of this Agreement, all rights which Licensee might enjoy under this Agreement shall terminate and thereafter Licensee shall have no rights whatsoever in Owners' property. 4.8 Use of Property. Licensee agrees that the Leased Property is to be used only to maintain a tower and transmission equipment necessary to broadcast communication signals. The County's computer equipment is located in the Holy Cross Electric Co. building located on the leased property; 4.9 Creation of Liens. Lessee shall have no authority to create liens against the property of Owners, regardless of whether the liens are for labor or materials supplied. Lessee agrees to notify any and all materialmen, suppliers, contractors, or laborers involved in any way with work on the property that they must look only to Lessee for payment and that Lessee has no authority whatsoever to bind Owners or Owners' property. Lessee agrees to save and hold harmless Owners, including reasonable attorney's fees incurred in the enforcement of this provision from any and all damages which Owners may incur as a result of liens which may filed against Owners' property as a result of Lessee's actions, or inaction. 4.10 Subordination. This Agreement, and any and all rights Lessee may have herein, shall be subordinate to any and all liens which Owners may cause to be attached to the Property. This agreement to subordinate shall be self operative and no further instrument or document of subordination shall be required. In confirmation of this Agreement to subordinate, Lessee agrees that it shall promptly execute any and all documents or certificates which the Owners may request from time to time. Lessee here appoints Owners as Lessee's attorney -in -fact to execute such documents or certificates in the name of and as the act and deed of Lessee. This authority is hereby declared to be coupled with an interest and irrevocable. GENERAL TERMS 5.0 Binding Effect. All the covenants and agreements in this document shall be binding upon and inure to the benefit or the heirs, executors, administrators, successors, and assigns of the parties hereto. 5.1 Transfer or. Assignment. This Agreement may not be transferred or assigned by Licensee without the express written consent of Owners, and any and all such requests for permission to make the transfer shall give Owners the right to impose and require different fees and different conditions than contained herein, in the Owners' sole discretion. This Agreement shall be binding upon any grantees receiving by deed from the Owners. Should this Agreement be transferred or assigned or should Licensee be sold or merge with any other company the Owners shall receive a $1,000.00 fee for administrative costs. 4 C I 5.2 Quiet Ed ent. Owners warrant and covenant to provide Licensee with peaceful and quiet enjoyment of the emoluments of this Agreement. 5.3 Colorado Law. The laws of the State of Colorado and the rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this Agreement. 5.4 Notices. Any written notice or communication provided for, required, or permitted hereunder, shall be deemed to have been sufficiently delivered upon the mailing of such notice, first class mail, postage prepaid, to the party's address as listed above or as hereafter may be directed in writing. 5.5 Complete Agreement. The making, execution, and delivery of this Agreement by Licensee has been induced by no representations, statements, warranties, or agreements other than those herein expressed. This Agreement embodies the entire understanding of the parties and there are no further or other agreements or understandings, written or oral, in effect between the parties, relating to the subject matter hereof. This instrument may be amended or modified only by an instrument of equal formality signed by the respective parties, with notice. 5.6 Continuity. This Agreement shall be irrevocable during its term and shall continue in force unless or until terminated by any of the parties hereto only in accordance with and as allowed under the terms of this Agreement. Thereupon this Agreement shall absolutely end. 5.7 Time of Essence. Time is of the essence hereof as to all payments and performances required hereunder. 5.8 Date of Agreement. This Agreement is entered into this _ day of , OWNERS: BUCHHOLZ FAMILY PARTNERSHIP Julia J. Buchholz John T. Buchholz Mary Lynn B. Winfrey Ila Jo Ann B. Cramer Jeanette Marie B. Stockel LICENSEE: G� COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMIVIISIONERS �oLOBP�� B By: Cl rk of the Board To -Stone , Chairman County Commissioners 6 EXHIBIT A TO: License Agreement, dated the 1st day of September, 2001. BETWEEN Buchholz Family Partnership g Julia J. Buchholz, General Partner 3135 South York Street Englewood, CO 80110 (hereinafter Owners) The property referred to in the lease is described as follows: The Holy Cross Building located on the Buchholz Ranch in Eagle County, Colorado.