HomeMy WebLinkAboutC13-312 BLM Lease Agreement East Eagle Airport Beacon siteForm 2800-18
(Revised March 2004)
Engle n
(Lessee Name)
P.O. Box 850
(Billing Address -2)
Issuing Office LLCON04000
Serial Number COC 35213
THE UNITED STATES
Department of the Interior
Bureau of Land Management
COMMUNICATIONS USE LEASE
of Emergency Management
(Billing Address - 1)
Ea:ilc �Q 81631
(City) (ST) (Zip Code)
THIS LEASE, dated this day of 2013, 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, and implementing regulations (90 Stat. 2743; 43
U.S.C. 1701, et seq.; 43 CFR 2800), and Eagle founts, 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 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 the payment to the United States
of a rental in advance by the Lessee, does hereby grant to the Lessee a lease for the following described lands in the County
of BAZ11 State of Colorado: Sixth Principal Meridian, Colorado
T. 5 S., R. 84 W.,
sec. 6, lot 11.
T. 5 S., R. 85 W.,
sec. 1, lots 6, 7, and 11.
(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.
The location of the property is shown generally on the site plan dated 12/12/2012 for the East Eagle FCC Beacon Tower
Communications Site which is attached and made part hereof as Exhibit A. The facilities specifically authorized under this lease are
shown on the plat contained in Exhibit B.
Tower, grounding ring, three (101x201) prefabricated buildings, antennas, microwave dishes and security fencing.
The dated and initialed exhibit(s), 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.
The parties agree that this lease is made subject to the following terms and conditions.
1. TENURE, RENEWAL AND TRANSFERABILITY
A. This lease will terminate atone minute after midnight on December 31, 2042. 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 B construction will commence in 2013.20
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.
ll. RENTAL
A. The Lessee must pay in advance an annual rental determined by the Authorized Officer in accordance with law, regulation, and
policy. The annual rental will be adjusted by the Authorized Officer to reflect changes in fair market value, annual adjustments using
the Consumer Price Index -Urban (CPI -U), changes in tenant occupancy, or phase-in of rental, if applicable.
B. After the initial rental period rental payments are due at the close of the first business day after January 1 of each calendar year for
which a payment is due. Payments due the United States for this use must be received at the Bureau of Land Management office as
noted on the billing statement in the form of a check or money order payable to Bureau of Land Management/DOI. Credit card
payments (VISA and MasterCard) can be made in person, through the mail, or by telephone. This lease will terminate automatically if
accrued rent is not received by the Bureau of Land Management within 90 calendar days after the initial due date for the payment of such
rent.
C. Pursuant to the Federal Claims Collection Act of 1966, as amended, 31 U.S.C. 3717, et seq, regulations at 7 CFR Part 3, Subpart B
and 4 CFR Part [ 02, an interest charge will be assessed on any amount due but not received by the due date. Interest will accrue from
the date the payment was due. Administrative costs will also be assessed in the event that two or more billing notices are required for
unpaid accounts. In addition, an administrative penalty at a percentage rate prescribed bylaw or regulation will be assessed for failure
to pay any portion of the debt that is more than 90 days past due. This paragraph survives the termination of this lease, regardless of
cause.
Other late fee charges may be assessed in accordance with standard BLM accounting procedures and policy.
D. Disputed rentals are due and payable on or before the due date.
111. 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 (if required),
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.
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 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 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
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F. In the event of any breach of the lease by the Lessee, the Authorized Officer may, on reasonable notice, cure the breach at the
expense of the Lessee. If the Bureau of Land Management at anytime 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 PROV1S]IONS
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.
I . 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.
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.
ACCEPTED this -(L' day of Ot%i U , 2013 ,1, the undersigned have read, understand and
accept the terms and conditions of this lease.
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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
JiJ�-
Tsigniture of thor' d Officer)
Karl Mend nca
(Printed Name of Authorized Officer)
Associate Field Manager
(Title of Authorized Officer)
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STIPULATIONS
1. The holder shall contact the Authorized Officer (AO) at least 30 days prior to the non -emergency
anticipated start of any surface disturbing activities. It is the holder's responsibility to comply with all
applicable Federal, State, and local laws and regulations existing or hereafter enacted or promulgated. The
BLM will determine if any surveys or inventories are required. As necessary, the holder shall demonstrate
compliance in writing, i.e., with surveys and inventories completed by qualified individuals, with the
following laws including, but not limited to, the Endangered Species Act (if potential habitat is determined
to be present), the National Historic Preservation Act, and the Native American Graves Protection and
Repatriation Act. Evaluations and inventories can be completed by BLM, or by the holder in order to meet
the holder's schedule and subject to approval by the AO. Inventories may be time sensitive and may
require US Fish and Wildlife Service concurrence, therefore this process could take longer than 60 days to
complete. The holder shall not initiate any surface disturbing activities on the right-of-way without a
"Notice to Proceed", as determined necessary by the AO.
2. Cultural Resources, Education/Discovery Stipulation:
Cultural Resources
If subsurface cultural values are uncovered during operations, all work in the vicinity of the resource will
cease and the authorized officer with the BLM notified immediately. The operator, or it contractor shall
take any additional measures requested by the BLM to protect discoveries until they can be adequately
evaluated by the permitted archaeologist. Within 48 hours of the discovery, the State Historic
Preservation Officer (SHPO) and consulting parties will be notified of the discovery and consultation will
begin to determine an appropriate mitigation measure. BLM in cooperation with the operator will ensure
that the discovery is protected from further disturbance until mitigation is completed. Operations may
resume at the discovery site upon receipt of written instructions and authorization by the authorized
officer.
Native American human remains
Pursuant to 43 CFR 10.4(g), the holder 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 on federal land. Further, pursuant to 43 CFR 10.4 (c) and (d), the holder
must stop activities in the vicinity of the discovery that could adversely affect the discovery. The
holder shall make a reasonable effort to protect the human remains, funerary items, sacred objects, or
objects of cultural patrimony for a period of thirty days after written notice is provided to the authorized
officer, or until the authorized officer has issued a written notice to proceed, whichever occurs first. Any
relocation, additional construction, or use that is not in accord with the approved conditions shall not be
initiated without the prior written approval of the authorized officer. A copy of the complete right-of-way
grant, including all plans and stipulations shall be made available at the right-of-way site during
construction. Noncompliance with the above will be grounds for an immediate temporary suspension of
activities if it constitutes a threat to public health or the environment.
3. The holder shall comply with applicable State standards for public health and safety, environmental
protection and siting, construction, operation and maintenance, if these State standards are more stringent
than Federal standards for similar projects.
4. The holder shall comply with all applicable Federal laws and regulations existing or hereafter enacted or
promulgated regarding toxic substances or hazardous materials. In any event, 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 or on facilities authorized under
this right-of-way grant. (See 40 CFR, Part 702-799 and especially, provisions on polychlorinated
biphenyls, 40 CFR 761.1-761.193.) Additionally, any release of toxic substances (leaks, spills, etc.) in
excess of the 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 of 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 of State government.
5. All construction, operation and maintenance shall be within the authorized limits of the communication
site lease granted herein.
6. No construction or routine maintenance activities shall be performed during periods when the soil is too
wet to adequately support such equipment. If the equipment creates ruts in excess of four (4) inches deep,
the soil shall be deemed too wet to adequately support the construction equipment.
7. Prior to termination of the right-of-way, the holder shall contact the authorized officer to arrange a joint
inspection of the right-of-way. This inspection will be held to agree to an acceptable termination and
rehabilitation plan as necessary. This plan shall include, but is not limited to, removal of facilities,
drainage structures, or surface material, recontouring, topsoiling, or seeding. The authorized officer must
approve the plan in writing prior to the holder's commencement of any termination activities.
8. The holder's building and appurtenances shall be painted (or manufactured) to blend with the natural color
of the landscape. The color shall be approved in advance by the BLM authorized officer.
9. All new or modified structures shall meet the requirements of the latest codes governing designs of
facilities as outlined in the Uniform Building Codes. All construction, operation, maintenance of
facilities shall meet specifications contained in Motorola's publication "Standards and Guidelines for
Communication Sites R56", most recent edition. All electric facilities, equipment, and their installation
shall conform to the current National Electrical Safety Code and applicable laws and regulations.
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