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HomeMy WebLinkAboutC07-139 BLMForm 2800-18 Issuing Office: Glenwooi Sarin s UNITED g Field Offce STATES DEPARTMENT, BEAU OF LAND MANAGEME INTERIOR COMMUNICATIONS SITE USE LEASE COC70235, AMENDMENT Ea ale Coun Er e POS_ nc Mana ement I lu Colorado 81631 (Lessee Name and address) TINS LEASE AMEND STATES OF MENT, dated AMERICA (hereinafter called the ' acting through the s 2006 b October ft United States or 'eau of band --' Y and between the 1976 (90 Stat. 2743ureau ea Land Management, Department of the its agents, successors ' 43 U.S.C.U1701, et se Management) Interior and assigns (hereinafter called the -Les see) a le Coun as authorized by the Act of The United States Er enc Mana ement Authorized O and the Lessee are Officer refers to the B jointly refereed to execute and administer this lease. Bureau of Land herein as the P Manage Parties. As used herein, the by the Field Office Generali g ment official having the delegated authority to Manager for the Y, unless otherwise indicated, such authority Public lands wherein the following The United States, for and in consideration of the described lands a locaMay ted exercised current rental policy that makes the Lessee exempt from rental terms and conditions contained herein, and based on a CommD�cations Site Use Lease for a co County of ea le State of Colorado: mumcations site within the,does followinreby grant to the Lessee Pr°Perty). The Lessee accepts SWl/4SW1/4 Section 21 g described 1 rights, and agrees p this lease and T4SR86W 6"' p ands in the g ees not to use the property, P°ssession of the M (hereinafter called the Operation, maintenance, and termination of a cony part thereof, ex eptp s ass sitesubject only he cors existing mmunications facility. traction, This lease and right -of --way amendment e and installation of a propane tank and permits installation of anew 10' X 10 on the map and site sketch in Exhibit generator at the Blowout ' communications building Mountain Communications Site, as shown Stipulations and conditions for the new facilities are listed and The exhibits attached hereto are Inco made a part hereof as Exhibit B. effectively as if the incorporated into and y were set forth herein in their entirety. made a part of this instrument as The parties a �llY and gree that this lease is made subject to the following terms and con I. TENURE, RENEWAL AND TRANSFERABILITY dations: A. This lease shall terminate on ecember 3 unless, prior thereto, 1 2026 it is renewed, rel nquished, abandoned to the terms and conditions of this instrument is e an 'upon 20 years from its effective Federal Inated or modified urs Year Y applicable Federal law or regulation.p cant to COC70235 Eagle Co/Bloi-vont Mtn Comm Site Purge 1 qf'g B. If the Lessee desires to reapply for 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 to United States under any Bureau of Land Management authorization before issuance of another authorization. C. This lease is assignable with prior written approval of the Authorized Officer. Renting of space does not constitute an assignment under this clause, however, Lessee rental payments may be affected. III. RESPONSIBILITIES OF THE LESSEE A. The Lessee is authorized to rent space and provide other services to customers and/or tenants and may charged each customer/tenant a reasonable rental without discrimination for the use and occupancy of the facilities and service provided. The Lessee must impose no unreasonable restrictions nor any restriction restraining competition or trade practices. By October 15`h 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 3e 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 this lease. If required by the Authorized Officer, all plans for development, layout, construction, and 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, siting, construction, operation, and maintenance in exercising the rights granted by this lease. The obligation 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 official, 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 be provided to the Authorized Officer, when requested, with current copies of all licenses for equipment in or on facilities covered by this lease. 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 c COC70235 Eagle Co/Blowout Mtn Comm Site Page ? of � 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 seq., the Comprehensive Environmental Response, Control, and Liability Act, 42 U.S.C. 9601 et seq., and other relevant environmental laws, as well as public health and safety laws and other laws relating to the siting, construction, operation, and maintenance of any facility, improvement, or equipment on the property. C. The Lessee must indemnify, defend, and hold the United States harmless of any violations incurred under any such laws and regulations or for judgments, claims, or demands assessed against the United States in connection within 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 the 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 of 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. 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 COC70235 Eagle Co/Blovvout Mtn Comm Site Page 3 of 9 If the Lessee fails to remove all structures or improvements within the prescribed period, they will become the property of the Untied States and may be sold, destroyed, or otherwise disposed of without any liability to the United States. COC70235 Eagle Co/Blowout Mtn Comm Site Page 4 of 9 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 regulation 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: 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. 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 deprecation as allocated over the life of the improvements as evidenced by the Lessees Federal tax amortization schedules. 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. Any discretionary decisions or determination by the Authorized Officer on termination or suspension are subject to appeal in accordance with the regulation in Title 43, Code of Federal Regulations. C. Restoration: 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. In the event this lease is terminated 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. If the Lessee fails to remove all structures or improvements within the prescribed period, they will become the property of the Untied States and may be sold, destroyed, or otherwise disposed of without any liability to the United States. COC70235 Eagle Co/Blowout IN Comm Site Page 4of9 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 develop or modify a 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. ACCEPTED this day of , 2006 , I the undersigned have read, understand and accept the terms and conditions o this lease. �AZP.4 J. -SM I TN (Printed name of authorized official) IN WITNESS WHEREOF, the Bureau of Land Management, by its Authorized Officer, has executed this lease on the day and year first written above. UNITED STATES OF AMERICA Officer) Dat6 (Title of Authorized Officer) Cf Jamie Connell (Printed name of Authorized Officer) COC70235 Eagle Co/Blolvout Mtn Comm Site Page 5 (?f'9 EXHIBIT B, STIPULATIONS COC70235 BLOWOUT MOUNTAIN COMMUNICATION SITE 1. Pursuant to 43 CFR § 1810 the Authorized Officer is the Glenwood Springs Field Office Manager. 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 Carole Huey at the Glenwood Springs Field Office, phone (970) 947-2804. 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 shall be painted a color as specified by the authorized officer, to blend with the natural surroundings (Munsell Soil Color 2.5Y 5/2 Grayish Brown). The facility should be clearly labeled indicating the holders name, address, telephone number, and BLM lease number. 9. The holder shall comply with all county regulations and permit requirements. 10. The holder shall at all times comply with the appropriate FCC operating standards and regulations. COC70235 Eagle Co/Blowout Mtn Comm Site Page 6 (?f'9 11. This Grant shall not be assignable without written permission of the authorized officer. 12. No above ground power lines or facility lighting are authorized. 13. The holder shall monitor the site for the presence of any Colorado -listed noxious weeds at least once or twice annually during the growing season (or as frequently as the Authorized Officer determines) for the life of the lease. 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 site. 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. 14. The holder shall comply with the Toxic Substances Control Act of 1976, as amended (15 U.S.C. 2601 et seq.), 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. 15. 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 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 COC70235 Eagle Co/Blowout Mtn Comm Site Page 7 of 9 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. 16. 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. 17. 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 including Native American consultation. 18. 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. 19. 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: Species of Seed Variety Application Rate (PLS lbs/ac) Bluebunch wheatgrass P-7 or Secar 4.0 Slender wheatgrass San Luis 3.5 Prairie junegrass 0.25 COC70235 Eagle Co/Blowout IN Comm Site Page 8 of 9 Total 7.75 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. Seed which does not meet the above standards shall not be applied to public lands. Drill seed '/4 to'/2 inch deep following the contour. In areas that cannot be drilled, broadcast seed at twice the application rate and cover 1/4 to'/2 inch deep with a harrow or drag bar. 20. 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. COC70235 Eagle Co/Blowout Mtn Comin Site Page 9 of' 9 GOG�^ Blowout Moui itain Comm Site Eagle County Bull J e 21 22 • 23 cirjss MAT 28 21 26 US R86W Sec 21 431.1 10C 5517 Gomm S s 5 T 34 35 rtJ its.70 1 A 018735 /0', COC70235 Eagle Co/Blowout Mtn Comin Site Page 9 of' 9