HomeMy WebLinkAboutC17-269 Bureau of Land ManagementForm 2800-18
(Revised March 2004)
Eagle County, Colorado
(Lessee Name)
(Billing Address -2)
THE UNITED STATES
Department of the Interior
Bureau of Land Management
COMMUNICATIONS USE LEASE
Eagle CO
(City) (ST)
Issuing Office LLCON04000
Serial Number COC 43078
of P.O. Box 850
(Billing Address - 1)
81631
(Zip Code)
THIS LEASE, dated this day of l '2017, by and between the UNITED STATES OF
AMERICA, acting through the Bureau of Land Management, Yepartment 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 County, 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 Eagle, State of Colorado: Sixth Principal Meridian, Colorado
T. 5 S., R. 86 W.,
sec. 12, NW1/4SW1/4.
(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 for the Red Hill TVOR-DME Communications Site which is attached
and made part hereof as Exhibit A. Stipulations are attached as Exhibit B. Facilities specifically authorized by this lease are:
24' x 24' Navigational equipment building
Fencing
Ancillary access road
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.
I. TENURE, RENEWAL AND TRANSFERABILITY
C17-269
A. This lease will terminate at one minute after midnight on 12/31/2046. 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 the operation that is authorized by this lease. To the extent specified in
Exhibit A and stipulations in Exhibit B
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.
II. 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 102, 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 by law 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.
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 (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.
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 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 fust 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.
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
day of a�y w , 20 , I, the undersigned have read, understand and
accept the terms and conditions of this lease.
L
Le ee
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
1
(Signar Authorized Officer)
Gloria Tibbetts_
(Printed Name of Authorized Officer)
Acting Field Manager
(Title of Authorized Officer)
/,Z/ 7
(Date)
Colorado River Valley Field Office N
0 0.075 0.15 0.3 �r
Initials Miles
COC 43078 Location 1:7,944
Exhibit B
6/26/2017
Initials
RIGHT-OF-WAY RENEWAL STIPULATIONS. The right-of-way shall be subject to the
following additional stipulations.
1. The holder shall contact the Authorized Officer (AO) at least 180 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 Stipulations.
A. Pursuant to 43 CFR 10.4(g) the holder of this authorization or its contractor must
notify the AO, 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 AO.
B. The operator or its contractor is responsible for informing all persons who are
associated with the project operations that they will be subject to prosecution for
knowingly disturbing historic or archaeological sites, or for collecting artifacts. If
historic or archaeological materials are uncovered during any project or construction
activity, the operator must stop work in the area of the discovery that might further
disturb such materials, and immediately contact the AO. Within five working days the
AO will inform the operator as to the mitigation measures the operator will likely
have to undertake before the site can be used (assuming in place preservation is not
necessary).
C. The holder shall notify the AO at least 180 days prior to non -emergency activities that
would cause surface disturbance in the ROW or TUP. The BLM will determine if a
cultural resource inventory, treatment, or mitigation is required.
D. A 'Notice to Proceed" stipulation shall be required for any non -emergency activities
as defined above that would cause surface disturbance on the ROW or TUP. Any
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request for a "Notice to Proceed" should be made to the AO, who shall review the
proposed action for consistency with resource management concerns such as wildlife,
big game winter range, paleontology, threatened and endangered species, and cultural
resource protection. Additional measures may be required to protect these resources.
3. Paleontological Resources — Discovery Stipulations.
The applicant is responsible for informing all persons who are associated with the project
operations that they will be subject to prosecution for disturbing or collecting vertebrate
or other scientifically -important fossils, collecting large amounts of petrified wood (over
251bs./day, up to 2501bs./year), or collecting fossils for commercial purposes on public
lands.
If any paleontological resources are discovered as a result of operations under this
authorization, the applicant or any of his agents must stop work immediately at that site,
immediately contact the BLM Paleontology Coordinator, and make every effort to protect
the site from further impacts, including looting, erosion, or other human or natural
damage. Work may not resume at that location until approved by the AO. The BLM or
designated paleontologist will evaluate the discovery and take action to protect or remove
the resource within 10 working days. Within 10 days, the operator will be allowed to
continue construction through the site, or will be given the choice of either (a) following
the Paleontology Coordinator's instructions for stabilizing the fossil resource in place and
avoiding further disturbance to the fossil resource, or (b) following the Paleontology
Coordinator's instructions for mitigating impacts to the fossil resource prior to continuing
construction through the project area.
4. 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.
5. 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.
6. All construction, operation and maintenance shall be within the authorized limits of the
right-of-way granted herein.
Page 12
7. 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.
8. Holder shall disturb and remove only the minimum amount of soils and vegetation
necessary for the construction of structures and facilities. Topsoil shall be conserved
during excavation and reused as cover on disturbed areas to facilitate regrowth of
vegetation.
9. The holder is subject to the stipulations contained in the original grant, in addition to the
attached stipulations. If there is a conflict, the attached stipulations will supersede the
original stipulations.
10. BLM roads should not be maintained without first consulting with the authorized officer.
11. 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.
12. The holder shall be responsible for weed control within the limits of the right-of-way.
The holder is responsible for consultation with the authorized officer and/or local
authorities for acceptable weed control methods (within limits imposed in the grant
stipulations) including pesticides/herbicides approved for use on BLM land. Use of
pesticides/herbicides shall comply with the applicable Federal and state laws.
Pesticides/herbicides 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/herbicides, the holder shall obtain from the authorized officer written approval
of the applicant's plan showing the type and quantity of material to be used, pest(s) to be
controlled, method of application, location of storage and disposal of containers, and any
other information deemed necessary by the authorized officer. The plan should be
submitted no later than March 1 of any calendar year to cover the proposed activities for
the next growing season. Emergency use of pesticides/herbicides shall be approved in
writing by the authorized officer prior to such use.
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