HomeMy WebLinkAboutC07-117 BLMForm 2800-18 Issuing Office:
Glenwood Springs Field Office
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
COMMUNICATIONS SITE USE LEASE COC -70869
Eagle County Emergency Management_
PO Box 850, contact: Barry Smith (970)328-3545
Eagle, Colorado 81637
THIS LEASE, dated , 2007, by and between the UNITED STATES OF
AMERICA, acting through the Bureau of Land Management, Department of the Interior (hereinafter
called the United States or Bureau of Land Management), as authorized by the Act of October 21, 1976
(90 Stat. 2743; 43 U.S.C. 1701, et seq.), and Eagle County Emergency Management, 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 Bureau of Land Management official having the delegated authority to
execute and administer this lease. Generally, unless otherwise indicated, such authority may be exercised
by the Field Office Manager or District Manager for the public lands wherein the following described
lands are located.
The United States, for and in consideration of the terms and conditions contained herein, and based on
current rental policy that makes the Lessee exempt from rental payments, does hereby grant to the Lessee
a for a communications site within the following described lands in the
County of Garfield, State of Colorado: SEI/, Section 19, T. 3 S., R. 84 W., 6th P.M., (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.
This location of the property is shown generally on the site plan dated March 19, 2007 for the
Upper Castle Creek Communications Site lease and right-of-way permits installation of a new 10'
X 20 communications building and installation a 35 kilowatt generator at the Upper Castle Creek
Communications Site, as shown on the map and site sketch in Exhibit A.
Stipulations and conditions for the new facilities are listed and made a part hereof as Exhibit B.
The 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.
COC70869/Upper Castle Peak Comm Site/Eagle Co. Emer. Ligmt Page 1 of 13
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The parties agree that this lease is made subject to the following terms and conditions:
I. TENURE, RENEWAL AND TRANSFERABILITY
A. This lease will terminate at one minute after midnight on December 31, 2024. Termination at
the end of the lease term occurs by operation of law and does not require any additional 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 will undertake and pursue with due diligence construction and operation that is
authorized by this lease. To the
extent specified in Exhibit, construction will commence on . (Date) This lease will 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 must 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 will require payment of any amounts owed
the United States under any Bureau of Land Management authorization before issuance of
another authorization.
D. This lease is assignable with prior written approval of the Authorized Officer. Renting of
space does not constitute an assignment under this clause.
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COC70869/1-1pper Castle Peak Comm Site./Eagle Co. Emer. Mgmt Page 2 of 13
III. RESPONSIBILITIES OF THE LESSEE
A. The Lessee is authorized to rent space and provide other services to customers and/or tenants
and must charge each customer/tenant a reasonable rental without discrimination for the use and
occupancy of the facilities and services provided. The Lessee must impose no unreasonable
restrictions nor any restriction restraining competition or trade practices. By October 15th of
each year, the Lessee must provide the Authorized Officer a certified statement, listing all
tenants and customers, by category of use, located within 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 must be in accordance with stipulations in the
communications site 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 plan.
C. The Lessee must 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 must 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
Communications 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 must at all times be maintained by the Lessee
for each transmitter being operated. The Lessee must provide the Authorized Officer, when
requested, with current copies of all licenses for equipment in or on facilities covered by this
lease.
COC70869/Upper Castle Peak Comm Site/Eagle Co. Emer. Mgmt Page 3 of 13
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III. RESPONSIBILITIES OF THE LESSEE
A. The Lessee is authorized to rent space and provide other services to customers and/or tenants
and must charge each customer/tenant a reasonable rental without discrimination for the use and
occupancy of the facilities and services provided. The Lessee must impose no unreasonable
restrictions nor any restriction restraining competition or trade practices. By October 15th of
each year, the Lessee must provide the Authorized Officer a certified statement, listing all
tenants and customers, by category of use, located within 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 must be in accordance with stipulations in the
communications site 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 plan.
C. The Lessee must 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 must 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
Communications 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 must at all times be maintained by the Lessee
for each transmitter being operated. The Lessee must provide the Authorized Officer, when
requested, with current copies of all licenses for equipment in or on facilities covered by this
lease.
COC70869/Upper Castle Peak Comm Site/Eagle Co. Emer. Mgmt Page 3 of 13
E. The Lessee must 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 Communications Commission (FCC) determines that
the Lessee's use interferes with existing equipment, the Lessee must promptly take the necessary
steps to eliminate or reduce the harmful interference to the satisfaction of the Authorized Officer
or FCC official.
F. When requested by the Authorized Officer, the Lessee must 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 must comply with 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 sea., the
Comprehensive Environmental Response, Control, and Liability Act, 42 U.S. C. 9601 et sea.,
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. The Lessee must indemnify, defend, and hold the United States harmless for any violations
incurred under any such laws and regulations or for judgments, claims, or demands assessed
against the United States in connection with the Lessee's use or occupancy of the property. The
Lessee's indemnification of the United States must include any loss by personal injury, loss of
life or damage to property in connection with the occupancy or use of the property during the
term of this lease. Indemnification must 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; third party claims and judgments; and all administrative, interest,
and other legal costs. This paragraph survives the termination or revocation of this lease,
regardless of cause.
D. The United States has no duty, either before or during the lease term, to inspect the property
or to warn of hazards and, if the United States inspects the property, it will incur no additional
duty nor any liability for hazards not identified or discovered through such inspections. This
paragraph survives the termination or revocation of this lease, regardless of cause.
E. The Lessee has an affirmative duty to protect from damage the land, property, and interests of
the United States.
E. (1). The Lessee must maintain $1,000,000.00 worth of insurance coverage, naming the United
States additionally insured on the policies(s), to partially fund the indemnification obligations of
the Lessee for any and all losses due to personal injury, loss of life, or property damage,
including fire suppression and hazardous waste costs. The Lessee must furnish proof of
insurance (such as a surety bond, or certificate of insurance) to the Authorized Officer prior to
execution of this lease and verify annually, and in writing, the insurance obligation to the
Authorized Officer. The Authorized Officer may allow the Lessee to replace, repair, restore, or
COC70869/Upper Castle Peak Comm Site/Eagle Co. Emer. Mgmt Page 4 of 13
otherwise undertake necessary curative actions, to the satisfaction of the Authorized Officer, in
order to mitigate damages in addition to or an as alternative to monetary indemnification.
F. 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 Bureau of
Land Management at any time pays any sum of money or does any act which requires 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, with all interests, costs and damages will, at the election of
the Bureau of Land Management, be deemed to be additional rental hereunder and will be due
from the Lessee to the Bureau of Land Management on the first day of the month following such
election.
V. OTHER PROVISIONS
A. Nondiscrimination. The Lessee must 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 the Interior and in effect on
the date this lease is granted to the end that no person in the United States will, 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. Termination and Suspension.
1. General. For purposes of this lease, termination and suspension refer to the cessation of uses
and privileges under the lease.
"Termination" 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. Termination also occurs when, by the terms of the lease, a fixed or agreed upon
condition, event, or time occurs. For example, the lease terminates at expiration. Termination
ends the Lessee's right to use the public land for communication purposes.
"Suspension" is a temporary action and the privileges may be restored upon the occurrence of
prescribed actions or conditions.
2. This lease may be suspended or terminated upon breach of any of the terms or conditions
herein or upon nonuse, or when in the public interest. Nonuse refers to a failure to operate
consistently the facilities on the property for any period during the term in excess of 180 days.
When suspended or terminated in the public interest, the Lessee will be compensated subject to
the availability of appropriated funds. Compensation will be based upon the initial cost of
improvements located on the lease, less depreciation as allocated over the life of the
improvements as evidenced by the Lessee's Federal tax amortization schedules.
COC70869/Upper Castle Peak Comm Site/Eagle Co. Emer. Mgmt Page 5 of 13
3. Except in emergencies, or in case of nonuse, the Authorized Officer will give the Lessee
written notice of the grounds for termination or suspension and a reasonable time, not to exceed
90 days, to complete the corrective action. After the prescribed period, the Bureau of Land
Management is entitled to such remedies as are provided herein.
4. Any discretionary decisions or determinations by the Authorized Officer on termination or
suspension are subject to appeal in accordance with the regulations in Title 43, Code of Federal
Regulations.
C. Restoration
1. In the event the Authorized Officer decides not to issue a new lease, or the Lessee does not
desire a new lease, the Lessee must, prior to the termination of this lease, restore and stabilize the
site to the satisfaction of the Authorized Officer.
2. In the event this lease is revoked for noncompliance, the Lessee must remove all structures
and improvements within a reasonable period as determined by the Authorized Officer, except
those owned by the United States, and must restore the site as nearly as reasonably possible to its
original condition unless this requirement is otherwise waived in writing by the Authorized
Officer.
3. If the Lessee fails to remove all structures or improvements within the prescribed period, they
will become the property of the United States and may be sold, destroyed, or otherwise disposed
of without any liability to the United States.
D. Members of Congress. No member of or Delegate to Congress or Resident Commissioner
may benefit from this lease either directly or indirectly, except when the lease provides a general
benefit to a corporation.
E. 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 herein, and the right to obtain, utilize, or dispose of such resources insofar as the
rights and possession 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 use or to authorize the use of the property for compatible
uses, including the subsurface and air space.
In the event of any conflict between any of the proceeding printed clauses or any provisions
thereof and any of the following clauses or any provision thereof, the preceding printed clauses
control.
COC70869/Upper Castle Peak Comm Site/Eagle Co. Emer. Mgmt Page 6 of 13
ACCEPTED this 3 day of 2007, I, the undersigned
have read, understand and accept the terms and conditions of this lease.
IN WITNESS WHEREOF, the Bureau of Land Management, by its Authorized Officer, has
executed this lease on the day and year first written above.
Signature of Holder
Title
y 33.0 -
(Date)
Signature of Authorized Officer
Glenwood Springs Field Manager
(Effective date of Grant)
COC70869/Upper Castle Peak- Comm Site/Eagle Co. F,mer. Mgmt Page 7 of 13
Castle Peak Quad / SEI/4, Section 19, T. 3 S., R. 84 W., 6" P.M.
COC70869/Upper Castle Peak Comm SitelEagle Co. Emer. Mgmt Page 8 of 13
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COC70869/Upper Castle Peak Comm SitelEagle Co. Emer. Mgmt Page 8 of 13
-t Alternate Layout With Only One New Building
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Road To Site
*Map produced by State of Colorado, Telecommunications, Dennis Kalvels
COC70869/L1pper Castle Peak Comm Site/Eagle Co. Emer. Mgmt Page 9 of 13
EXHIBIT B, STIPULATIONS COC70869
Upper Castle Peak Communication Site
Pursuant to 43 CFR § 1810 the Authorized Officer is the Glenwood Springs Field Office
Manager, or his or her Designee.
2. The holder shall request a preconstruction conference with the authorized officer at least
seven days prior to the commencement of construction under this grant. The contact
person is the Authorized Officer at the Glenwood Springs Field Office, phone (970) 947-
2800. One purpose of this conference is to determine if any special conditions will be
required to limit environmental damage.
3. The plans, maps, and designs set forth in the application are incorporated into and made a
part of this Grant instrument as fully and effectively as if they were set forth herein in
their entirety.
4. All design, material, and construction, operation, maintenance, and termination practices
shall be in accordance with safe and proven engineering practices. The lessee shall
perform all operations in a good and workmanlike manner so as to ensure protection of
the environment and the health and safety of the public.
5. The holder shall disturb and remove only the minimum amount of soils and vegetation
necessary for construction of the communication site facilities authorized herein.
6. No construction or maintenance activities shall be allowed during periods when the soil is
too wet to adequately support construction equipment or motorized vehicles. If such use
creates ruts in excess of four inches deep, the soil shall be deemed too wet to adequately
support construction vehicles or equipment.
7. Trash shall be confined in a covered container while construction is in progress. Upon
completion, all trash, flagging, laths, etc., shall be removed and hauled to an authorized
disposal site.
8. Facilities and all above ground supporting infrastructure must be painted a flat non -
reflective Munsel Color 5Y, 5/2 ("Sherwin Williams -Federal Standard 595B Color
Deck": color # 24201) to blend with the natural surroundings. This includes all doors,
roof, foundation material, electric boxes, duct work, etc. If the pre -fabricated building
does not comply with the specified color the proponent will be responsible to paint the
facility and all supporting infrastructure to the color specified above.
9. The facility should be clearly labeled indicating the holders name, address, telephone
number, and BLM lease number.
10. The holder shall comply with all county regulations and permit requirements.
COC70869/Upper Castle Peak Comm Site/Eagle. Co. Emer. Mgmt Page 10 of'l3
11. The holder shall at all times comply with the appropriate FCC operating standards and
regulations.
12. This Grant shall not be assignable without written permission of the authorized officer.
13. No above ground power lines or facility lighting are authorized.
14. The holder shall monitor the ROW for the presence of noxious weeds annually during the
growing season (or as frequently as the Authorized Officer determines) for the life of the
permit. After consulting with the authorized officer, the holder shall promptly treat and
control any State -listed noxious weeds which have resulted from the holder's
construction, operation, maintenance or use of the ROW. If chemical control is
necessary, use of pesticides shall comply with the applicable Federal and State laws.
Pesticides shall be used only in accordance with their registered uses and within
limitations imposed by the Secretary of the Interior. Prior to the use of pesticides, the
holder shall obtain from the authorized officer written approval of a Pesticide Use
Proposal (PUP) showing the type and quantity of material to be used, the weed (s) to be
controlled, method of application, and any other information deemed necessary by the
authorized officer. Emergency use of herbicides shall be approved in writing by the
authorized officer prior to such use.
15. The holder shall comply with the Toxic Substances Control Act of 1976, as amended (15
U.S.C. 2601 et seg.), with regard to any toxic substances that are used, generated by or
stored on the right-of-way. Additionally, any release of toxic substances (leaks, spills,
etc.) in excess of reportable quantity established by 40 CFR, Part 117 shall be reported as
required by the Comprehensive Environmental Response, Compensation and Liability
Act of 1980, Section 102b. A copy of any report required or requested by any Federal
agency or State government as a result of a reportable release or spill of any toxic
substances shall be furnished to the authorized officer concurrent with the filing of the
reports to the involved Federal agency or State government.
16. Cultural Resources, Education/Discovery Stipulation:
All persons in the area who are associated with this project must be informed that if
anyone is found disturbing historic, archaeological, or scientific resources, including
collecting artifacts, the person or persons will be subject to prosecution.
Pursuant to 43 CFR 10.4(g), the BLM authorized officer must be notified, by telephone,
with written confirmation, immediately upon the discovery of human remains, funerary
items, sacred objects, or objects of cultural patrimony. Further, pursuant to 43 CFR 10.4
(c) and (d), activities must stop in the vicinity of the discovery and the discovery must be
protected for 30 days or until notified to proceed by the authorized officer.
If in connection with operations under this contract the project proponent, his contractors,
subcontractors, or the employees of any of them, discovers, encounters or becomes aware
of any objects or sites of cultural or paleontological value or scientific interest such as
COC70869/Upper Castle Peak Conon Site/Eagle Co. Fmer. Mgmt Page 11 of 13
historic or prehistoric ruins, graves or grave markers, fossils, or artifacts, the proponent
shall immediately suspend all operations in the vicinity of the cultural or paleontological
resource and shall notify the BLM authorized officer of the findings (16 U.S.C. 470h-3,
36 CFR 800.112). Operations may resume at the discovery site upon receipt of written
instructions and authorization by the authorized officer. Approval to proceed will be
based upon evaluation of the resource. Evaluation shall be by a qualified professional
selected by the authorized officer from a federal agency insofar as practicable. When not
practicable, the holder shall bear the cost of the services of a non-federal professional.
Within five working days the authorized officer will inform the holder as to: whether the
materials appear eligible for the National Register of Historic Places; the mitigation
measures the holder will likely have to undertake before the site can be used (assuming in
situ preservation is not necessary); and, a time frame for the authorized officer to
complete an expedited review under 36 CFR 800.11, or any agreements in lieu thereof, to
confirm through the State Historic Preservation Officer that the findings of the authorized
officer are correct and the mitigation is appropriate.
The proponent may relocate activities to avoid the expense of mitigation and/or the
delays associated with this process, as long as the new area has been appropriately
cleared of resources and the exposed materials are recorded and stabilized. Otherwise,
the proponent will be responsible for mitigation costs. The authorized officer will
provide technical and procedural guidelines for the conduct of mitigation. Upon
verification from the authorized officer that the required mitigation has been completed,
the proponent will then be allowed to resume construction.
17. Antiquities, historic, prehistoric ruins, paleontological or objects of scientific interest that
are outside of the authorization boundaries but directly associated with the impacted
resource will also be included in this evaluation and/or mitigation.
18. Antiquities, historic, prehistoric ruins, paleontological or objects of scientific interest,
identified or unidentified, that are outside of the authorization and not associated with the
resource within the authorization will also be protected. Impacts that occur to such
resources, that are related to the authorizations activities, will be mitigated at the
proponent's cost.
19. Pursuant to 43 CFR 10.4 (g) the holder of this authorization must notify the authorized
officer, by telephone, with written confirmation, immediately upon the discovery of
human remains, funerary items, sacred objects, or objects of cultural patrimony. Further,
pursuant to 43 CFR 10.4(c) and (d), the holder must stop activities in the vicinity of the
discovery and protect it for 30 days or until notified to proceed by the authorized officer.
20. To minimize the potential for noxious weeds to invade and become established, and to
aid in restoring a native plant community to the site, all disturbed areas shall be contoured
and seeded with the following seed mix:
COC70869/Upper Castle Peak Conim Site/Eagle Co. Emer. Mgmt Page 12 of'13
Species of Seed Variety Application Rate (PLS lbs/ac)
Slender wheatgrass San Luis 3.5
Mountain brome Garnet 6.5
Muttongrass 0_6
Total 10.6 PLS lbs/ac*
The seed shall be certified free of noxious weeds. All seed to be applied on public land
must have a valid seed test, within one year of the acceptance date, from a seed analysis
lab by a registered seed analyst (Association of Official Seed Analysts). The seed lot
shall contain no noxious, prohibited, or restricted weed seeds according to the All States
Noxious Test and the analysis shall show no more than 0.5 percent by weight of other
weed seeds. Documentation certifying the seed as weed -seed free shall be supplied to the
Authorized Officer within 30 days of seeding.
Drill seed 1/ to 1/2 inch deep following the contour. In areas that cannot be drilled,
broadcast seed at twice the application rate and cover 1/ to %2 inch deep with a harrow
or drag bar.
21. It is the Lessee's responsibility to coordinate with all other rights-of-way holders and
adjacent landowners to make sure any conflicts are resolved.
COC70869/1-lpper Castle Peak Comm Site/Eagle Co. Emer. Wgmt Page 13 o03
