HomeMy WebLinkAboutC99-049 Colorado RSA#3 dba AirTouch Cellular_Shrine Pass TowerSITE NAME:CO3 Shrine Pass ORIGIiNmL TOWER AGREEMENT This Tower Agreement (hereinafter "Agreement"), made the 15 L , day of 1998 between Colorado RSA # 3 Limited Partnership d/b/a AirTouch Cellular, a Delaware corporation, 3350 161 st Avenue Southeast, Bellevue, Washington 98009 ("Sublessor"), and Eagle County, a Colorado Political Subdivision ("Sublessee"). RECITALS A. Sublessor is the tenant of certain real property under the terms and conditions of a Special Use Permit # 5611-01 between U S Forest Service / White River National. Forest ("Landlord") and Sublessor dated May 1, 1994 ("Master Agreement"). The real property ("Property") is located in Eagle County, State of Colorado and described on Exhibit "A" attached hereto and incorporated herein by this reference. B. Sublessor has constructed a communications facility ("Facility") on the Property, which includes a 60 foot tower ("Tower"). C. Sublessee desires to use space on the Tower for Sublessee's use in conjunction with Sublessee's construction and operation of its communications facility. D. Sublessor is willing to grant to Sublessee certain space on the aforesaid Tower ("Tower Space") for such purpose, under certain terms and conditions, as well as interior space ("Equipment Space") in its existing building. For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Sublessor hereby grants to Sublessee the right to use said Tower Space and Equipment Space under the terms and conditions of the Agreement. AGREEMENT 1. Sublessor hereby grant to Sublessee for Sublessee's exclusive use, Tower Space for one (1) antenna and associated mounting hardware DB806D ("Equipment") to be installed at the 40 Foot level with a tip height of 51 feet of the Tower. The Tower Space and Equipment as described in Exhibit "B", attached hereto and made a part hereof by this reference. Furthermore Sublessor grants to Sublessee interior space for Sublessee's repeater equipment and associated common equipment. 1 I \v� 2. a) The term of this Agreement shall be 6 months and shall commence on January 1, 1999 (hereinafter referred to as the "Effective Date"). The term may be extended by mutual agreement of both parties for an additional 6 month term provided the Sublessor does not require the interior space for its own use; and provided Sublessee has not defaulted on any of the terms and conditions contained herein. Nothing stated or implied in this Agreement shall obligate Sublessor to exercise any option to renew or extend the term of the Master Agreement. dollars. b) The annual rental fee (hereinafter referred to as "Rent") shall be .00 3. Unless otherwise agreed upon by the parties, the cost of engineering, obtaining all necessary governmental approvals and permits, installation, utility connection (including incremental costs to have utility service extended to reach the Property), construction and testing specifically associated with Sublessee's installation of its communications facility shall be paid directly by Sublessee. Any charges for which Sublessee is responsible that are paid by Sublessor shall be reimbursed by Sublessee within thirty (30) days after Sublessor submits an invoice to Sublessee therefor. At Sublessor's sole discretion, Sublessor may require Sublessee to separately meter its utilities. 4. Sublessee agrees to pay all license fees and other governmental charges levied on the operation of Sublessee's business during the full term of this Agreement. If an event occurs wherein Sublessor becomes required to pay any increases in property taxes resulting from Sublessee's use or occupancy of the Tower, Sublessee shall be required to pay any such increase upon written notice and within thirty (30) days of said notice; such increases shall be considered additional Rent and therefore collectable as Rent. 5. Sublessee shall use the Tower Space and Equipment for the purpose of operating a communications facility. All improvements shall be at Sublessee's expense. It is understood and agreed that Sublessee is responsible for obtaining all certificates, permits and other approvals that may be required by any federal, state, or local authorities for the construction and operation of its communications facility. Sublessee shall construct its communications facility and use the Tower Space and Equipment ;n a manner that is in compliance with all applicable governmental regulations, laws and requirements. 6. Prior to commencing construction, Sublessee shall submit to Sublessor, for Sublessor's approval, the name of the contractor that will be used to work on the Property and 2 climb the Tower ("Contractor"). Sublessor shall respond to the request for approval in writing no more than three (3) business days after receipt of proof of insurance for the proposed Contractor with a minimum liability limit of $1,000,000. Acceptance of Contractor is at Sublessor's sole discretion. In the event that the proposed Contractor is not acceptable to Sublessor, Sublessor shall provide the names of acceptable alternatives. Once approval of the Contractor is given, Sublessee shall give Sublessor no less than three (3) business days notice before commencing any work on the Property or Tower. Additionally, prior to commencement of construction, Sublessee shall provide to Sublessor a copy of the zoning clearance and building permit. In the event Sublessee fails to so provide such clearance and permit, this Agreement shall automatically terminate. 7. During construction and upon completion of construction of Sublessee's communications facility, Sublessee hereby grants to Sublessor the right to inspect the Equipment and Tower Space at any time. Sublessee hereby agrees to submit to Sublessor the Collocation Inspection form which is shown in Exhibit "D", attached hereto and made a part hereof by this reference. If Sublessee does not submit such Collocation Inspection form to Sublessor within 30 days of completion of construction then Sublessee shall be in default under this Agreement. 8. Once construction is complete, Sublessee shall have no access to the Tower and no right to change or modify Equipment on the Tower without Sublessor's express, written permission; except, in cases of Emergency only, Sublessee shall be permitted to access the Tower. For the purposes of this section, the term "Emergency" shall apply to the following situations only: a) Complete interruption or disruption of service due to failure of antennas, antenna mounts, feedlines, connectors, coaxial cables or other related items. b) Interruption or disruption of service due to unknown causes that require inspection of the antennas and Tower to determine source of failure. The term "Emergency" does not include the following: a) Routine change out of Tower mounted equipment. b) Routine maintenance of Tower mounted equipment. 3 Prior to accessing the Tower for an Emergency situation, Sublessee will notify Sublessor at Denver MSA South, 7028 South Clinton Street, Englewood, CO 80112 switching office at (303) 754-6200. Upon such notification, Sublessor may permit Sublessee to have access using its own key unless Sublessor determines, in its sole discretion, that Sublessor, or its agent, shall accompany Sublessee, or such access should be delayed. 9. The Tower has been inspected and is accepted by Sublessee in its present condition, as is. Sublessee shall, at its own expense and at all times, keep the Property neat, clean and in a sanitary condition, and keep and use the Tower Space and Equipment in accordance with all applicable laws, ordinances, rules, regulations and requirements of governmental authorities. Sublessee shall permit no waste, damage or injury to the Property. Sublessee shall make such repairs as necessary to maintain the Property in as good condition as existed on the Effective Date, reasonable wear, and damage by fire and other casualty for which Sublessee is not responsible excepted. 10. Sublessee shall keep the Property free from any liens arising out of any work performed for, materials furnished to, or obligations incurred by Sublessee and shall hold Sublessor harmless against the same. 11. Sublessee shall not interfere with the operations of Sublessor or other existing occupants at the Tower. In order to identify potential interference to Sublessor's signals, prior to placing the Equipment into commercial service, Sublessee shall perform certain tests as determined by Sublessor and will agree to utilize any filters or other additional equipment as specified by Sublessor. In the event of any such interference, Sublessee shall take all actions necessary to eliminate such interference, in accordance with generally accepted technical standards. If the Sublessee does not correct or commence to correct, within twenty-four (24) hours, any objectionable interference, which, in Sublessor's sole discretion, inhibits Sublessor's operations at the site, Sublessee shall discontinue operating such Equipment, on Sublessor's demand, unless and until it can be operated, in Sublessor's sole discretion, without interference, or shall replace the interfering Equipment with alternate Equipment that does not cause such interference. Sublessee shall additionally have the option of terminating this Agreement. Sublessor agrees that any occupants of the Tower subsequent to Sublessee will be required to provide Sublessee with these same protections against interference, and that Sublessor shall have the obligation to eliminate any interference with the operations of Sublessee caused by such subsequent occupants. In the event any such interference is not 4 ,-to/ \ftw� eliminated to the reasonable satisfaction of Sublessee, Sublessee shall have the right to terminate this Agreement, which shall be Sublessee's sole remedy with respect to Sublessor under such termination. Sublessee shall comply with the minimum standards set by Sublessor, which are attached hereto as Exhibit "C" and incorporated herein by this reference. 12. The size, type, and quality of Equipment placed on or at the Tower by Sublessee shall be subject to all provisions of the Master Agreement applicable to the Property. Subject to the preceding restriction, and subject to Sublessor's prior review and written approval of Sublessee's construction and/or development plans, Sublessor shall allow Sublessee to place on the Tower such Equipment as may be selected by Sublessee, provided that the size, type, quality and location of Sublessee's Equipment shall in no event interfere with the transmission of signals by Sublessor or other existing occupants on the Tower (pursuant to Section 11 hereinabove), violate any applicable zoning requirements or overload the tower in accordance with Sublessor's design specifications. Any other increase in the quantity of Equipment placed by Sublessee on the Tower shall be subject to the reasonable consent of Sublessor based on Sublessor's future requirements for the Tower and may be subject to an increase in the annual Rent. If antenna power output ("RF emissions") at the Facility becomes subject to any restrictive FCC RF emissions standards or Maximum Permissible Exposure ("MPE") limits, which may become effective subsequent to the execution date of this Agreement, or if the Facility becomes subject to any federal, state, or other government regulations or restrictions associated with such MPE limits at the Facility, then Sublessor's requirements for RF emissions necessary for Sublessor to continue uninterrupted operation of its Facility, shall supersede any such requirements of Sublessee, or other users of the Tower; Sublessee's or any other user's RF emissions requirements shall therefore become subordinate to any such requirements of Sublessor. If any such MPE limits result in restrictions at the Facility which Sublessor determines in its sole and reasonable discretion shall result in Sublessee or any other user of the Tower becoming required to cease operation of its communications facility in order for Sublessor, Sublessee or any other users to comply with such regulations or restrictions, then Sublessor may request that an Engineering Evaluation (as may be required by the FCC), or other power density study he performed at the Property to evaluate RF emission compliance with MPE limits, with all reasonable costs of such Evaluation or study to be at the sole expense of Sublessee and/or other users of the Tower. Sublessor agrees to provide Sublessee with any results of such Evaluation or study within ten (10) days of Sublessor's receipt of said results. If said results indicate that RF emissions at the Facility or Property are not in compliance with 5 MPE limits, then Sublessee shall immediately cease operation of its communications facility until an appropriate RF emissions/MPE maintenance program or other mitigating measures can be implemented which would cause Sublessor, Sublessee and other users to comply with MPE limits. Sublessee shall have the right to terminate the Agreement, pursuant to Section 13 herein, in the event such mitigating measures cannot be implemented which would result in compliance by Sublessor, Sublessee or other users with FCC MPE limits. 13. This Agreement may be terminated, without any penalty or further liability, on one hundred twenty (120) days written notice as follows: (a) by either party on default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days following receipt of notice of default (without, however, limiting any other rights available to the parties pursuant to any other provisions hereof): (b) by either party if either party does not obtain or maintain any license, permit or other governmental approval necessary for the construction or operation of their respective communications facilities or either party's business; or (c) by either party if their respective communications facilities are or become unacceptable under their designs or engineering specifications for their communications facilities or for the communications systems to which their communications facilities belong. 14. Sublessee, upon termination of this Agreement shall, within thirty (30) days, remove its personal property and fixtures and restore the Tower to its original condition, reasonable wear and tear excepted. Any unearned Rent paid in advance shall be refunded to Sublessee unless such termination results from an event of Sublessee default. *** to the extent allowed 44�a- 15. Sublessor shall have the right to inspect the Equipment at all reasonable times *** and shall be responsible for the maintenance and repair of the Towettkowever•Sublessee shall reimburse Sublessor for costs incurred by Sublessor in the repair of any damage to the Tower caused by Sublessee's construction or use of the Tower, reasonable wear and tear excepted. Sublessee agrees to cooperate with the Sublessor and any other Tower users as needed to continue efficient operation of the Facility; including, but not limited to, reducing power to safe levels as required by Sublessor when performing maintenance, repairs or investigating potential interference and installing or removing equipment on the Tower. Except in cases of emergency, Sublessor agrees to give Sublessee reasonable notice of the need for power reduction and will use reasonable efforts to minimize the disruption to Sublessee's operation. It is understood and agreed that any person climbing the Tower will be licensed and bonded, carry adequate casualty and liability insurance and will use only OSHA -approved equipment. \W *** To th.weextent allowed by law 16. Sublessor, its agents or employees shall not be liable for any injury or damage to persons or property sustained by Sublessee, its agents, employees or invites, in or ab *** Property unless the injury or damage is caused by Sublessor's sole neglige agrees to defend and hold Sublessor and its agents harmless from any claim, action and/or judgment for damages to property or injury to persons suffered or alleged to be suffered on the Property by any person, firm or corporation, unless caused by Sublessor's negligence, and Sublessee shall reimburse Sublessor for its reasonable attorney fees associated with any such injury or damage for which Sublessee is deemed liable. Sublessee shall maintain such insurance on the Equipment for property damage, bodily injuries and death in an amount not less than $1,000,000 per occurrence and shall list Sublessor as an additional insured. Sublessee shall furnish Sublessor with a certificate indicating that the insurance policy is in full force and effect and that Sublessor has been listed as additional insured. 17. Sublessor and Sublessee hereby release and relieve the other and waive their entire right of recovery against the other for loss or damage arising out of or incident to the perils described in standard fire insurance policies and all perils described in the "Extended Coverage" insurance endorsements approved for use in the state where the Tower is located, which occurs in, on or about the Tower, whether due to the negligence of either party, their agents, employers or otherwise. If the Tower or a portion of the Facility necessary for Sublessee's occupancy is damaged during the term of this Agreement by any casualty which is insured under standard fire and extended coverage insurance policies, Sublessor may repair or rebuild the Tower to substantially the condition in which the Tower was immediately prior to such destruction. Any Rent or Renewal Rent, as applicable, will be abated proportionately during any period in which there is substantial interference with the operation of Sublessee's facility. If the Tower is damaged to the extent that it would take, in Sublessor's reasonable judgment, more than thirty (30) days to repair, then either Sublessor or Sublessee may terminate this Agreement. Notwithstanding the foregoing, Sublessor shall not be obligated , under any circumstances, to repair or rebuild the Tower or Facility in the event of total or partial damage or destruction. 18. a) Sublessee shall not store any Hazardous Materials of any kind on the Property. In the event the Property becomes contaminated by Hazardous Materials or contaminated waste material, brought, used, manufactured, or stored on c e Prop y b� Sublessee or any of its agents, employees, or independent contractors/Subl ail be *** to the extent allowed by law 7 responsible for, and pay all costs for the removal and disposal of, all such materials as required bylaw. To the extent allowed by law b)Aublessee will be solely responsible f I will defend, indemnify, and hold Sublessor, its agents, and employees harmless from and against any and all direct claims, costs, and liabilities, including reasonable attorney's fees and costs, arising out of or in connection with the cleanup or restoration or the Property associated with the Sublessee's use of hazardous materials. c) Sublessor will be solely responsible for and will defend, indemnify, and hold Sublessee, its agents, and employees harmless from and against any and all direct claims, costs, and liabilities, including reasonable attorney's fees and costs, arising out of or in connection with the removal, cleanup or restoration of the Property with respect to Hazardous Materials from any and all sources other than those Hazardous Materials introduced to the Property by Sublessee or Landlord; however, Sublessor shall assume no third party liability unless associated with the introduction of Hazardous Materials to the Property by its agents, employees or invitees. d) "Hazardous Materials" means asbestos or any hazardous substance, waste, or materials as defined in any federal, state, or local environmental or safety law or regulation including, but not limited to, CERCLA. The obligation of this Section shall survive the expiration or other termination of this Agreement. 19. This Agreement shall run with the Property and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. Sublessor shall have the right, without prior notice to or consent of Sublessee, to assign or transfer this lease or to sublet the Property, to any parent, subsidiary or affiliate entity or to any successor which acquires all or substantially all of the assets of Sublessor, which assignment or transfer shall fully release Sublessor from any further obligations or liability under the terms of this Agreement commencing on the effective date of the assignment or transfer. 20. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or any other address that the party to be notified may have designa`ed to the sender by like notice): AirTouch: AirTouch Communications, Inc. Attn: Property Management 3350 161stAvenue SE M/S 223 Bellevue, Washington 98009 8 M Phone: (425) 603-2100 with copy to: AirTouch Communications, Inc. d.b.a. AirTouch Cellular Attn: Property Management 7028 South Clinton Street Englewood, CO 80112 Phone (303) 754-6200 Sublessee: Eagle County Sheriff Department Attn: A. J. Johnson 0885 East Chambers Avenue Eagle, Colorado 81631 Phone #: (970) 328-8300 21. This Agreement is expressly made subject to all of the terms, conditions and limitations contained in the Master Lease which is incorporated herein by this reference (Exhibit "E") as fully as if the terms, conditions and limitations thereof were set forth in full in this Agreement and Sublessee agrees to assume and be bound by the same rights, responsibilities, privileges and duties that Sublessor has from and to the Landlord. 22. This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the state in which the Facility pertaining to this Agreement is located. Any claim, controversy or dispute arising out of this Agreement shall be settled by arbitration in accordance with the applicable rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in. the county where the property is located. 23. This Agreement contains all the covenants, conditions, terms and agreements between the parties and there shall be no modifications of the Agreement except as hereinabove provided and by written instrument. 24. Each of the individuals executing this Agreement on behalf of Sublessee or Sublessor represents to the other party that such individual is authorized to do so by requisite action of the party to this Agr-:ement. E IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals as of the dates below written. Sublessor: Colorado R # 3 Limited Partnership d/b/a AirTouch Cellular, Inc. By: K Cullough Its: Area Network Director Date: M Sublessee: Eagle County By: �JOrE.iScxi� Its: l' Date: /,;z-3o-9S ATTE By: County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS B Johnnette Phillip. Chairman 10 Exhibit "A" Sketch and Description of Property INSERT SITE PLAN SNOWING LAYOUT OF SUBLESSOR'S SITE 11 Exhibit "B" Equipment Description Page 1 of 2 INSERT TOWER ELEVATION DEPICTING LOCATION OF ANTENNAS 12 Exhibit "B" Equipment Description Page 2of2 INSERT DESCRIPTION OF ANTENNAS (FROM APPLICATION FOR COLLOCATION) 13 \V� Exhibit "C" Page 1 of 2 AIRTOUCH COMMUNICATIONS, INC./ DBA AIRTOUCH CELLULAR MINIMUM STANDARDS FOR COMMUNICATIONS SITES 1. Transmitter Requirements: a) Transmitters in the 30-50 MHz range shall have an isolator(s) to provide 15 db minimum reverse isolation and a band pass device that will provide not less than 10 db attenuation at 500 KHz removed from the operating frequency. The isolator(s) shall be installed between the transmitter and the band pass device. b) Transmitters in the 70-88 MHz range shall have an isolator(s) to provide 15 db minimum reverse isolation and a band pass device that will provide not less than 10 db attenuation at 1 MHz removed from the operating frequency. The isolator(s) shall be installed between the transmitter and the band pass device. c) Transmitters in the 130-170 MHz range shall have a band pass device that will provide not less than 10 db attenuation at 350 KHz removed from the operating frequency and a ferrite isolator with a minimum of 50 db rejection in the reverse direction. The isolator(s) shall be installed between the transmitter and the band pass device. (NOTE 1) d) Transmitters in the 400-520 MHz range shall have a band pass device that will provide not less than 15 db attenuation at 1 MHz removed from the operating frequency and a ferrite isolator with a minimum of 50 db rejection in the reverse direction. The isolator(s) shall be installed between the transmitter and the bandpass device. (NOTE 1) e) All transmitters shall be TYPE ACCEPTED for the intended application,* with proper shielding. 2. A band pass device is recommended at the input of all receivers. 3. Notch type duplexers must be preceded by a band pass device. 4. When radio interference occurs, notch filters, crystal filters and dual ferrite isolators and/or band pass devices may be required. The need for additional filtering equipment will be determined on a case -by -case basis. 5. Double shielded, double braided or heliax type coaxial cable is required from the radio equipment through the isolators, band pass devices and duplexers, etc., to the heliax transmission line. No RG-8 type cable will be allowed. 14 v4UP01 Exhibit "C" Page 2 of 2 6. Jacketed heliax transmission line is required. Unjacketed transmission line of any type is prohibited. 7. Type "N" connectors are preferred over other type connectors. Don't mix coax connectors with adapters. 8. Black nylon tie wraps, insulated wire wrap, or approved insulated cable clamps must be used to secure transmission line to towers. Wrap lock is prohibited. 9. Insulate guy wires, bonding across clevices, brackets, etc. Do not leave loose wire or metal objects on towers. 10. At Sublessor's discretion, radio equipment must be housed in metal cabinets and be properly grounded. 11. Debris of any kind, but particularly metal, shall be collected and utterly removed from the site. 12. Location and height of the tower and location of antennas on the tower shall not be changed after the initial installation and tests without authorization of the site manager. 13. Identify each transmitter with a copy of the FCC license, agreement number (if applicable), name and telephone number of person responsible for maintenance of the Equipment (or other related equipment), the receive frequency, transmit/ receive tone frequencies, and transmit frequency and power. 14. Maximum transmitter power will not exceed 110 watts (+20 dbw). 15. There will be no 450-460 (470-512 where applicable) inverted pairs or control stations. 16. The site manager reserves the right to conduct annual inspections to confirm that these site standards are complied with. 17. Any and all steel hardware exposed to weather and, in particular, tower associated hardware shall be stainless steel or hot -dipped galvanized steel. Breaches on hot - dipped galvanized surfaces already mounted shall be coated with a zinc -rich cold application galvanizing compound (Crown #7007 cold galvanizing compound or equal). NOTE 1: Sublessee may provide a 25 db isolator, provided no interference occurs as a result. Should interference occur at any time, within Sublessor's sole discretion, Sublessee will be required to upgrade to a 50 db isolator. 15 Exhibit "D" Collocation Inspection As stated in the Tower Sublease Agreement, the Sublessee is required to obtain various approvals prior to, during and upon completion of construction. A representative of AirTouch Communications, Inc. dba AirTouch Cellular has the authority to inspect and sign -off on or request changes in construction. To set up an inspection, please call Pete Fettig at (801) 891-0116. Please set up inspections no less than three (3) business days in advance. AirTouch Site Name: GROUNDING I , have inspected the grounding for the collocate at the above referenced project and approve of the installation. Signature Date, COAXIAL RUNS I , have inspected the coaxial runs for the collocate at the above referenced project and approve of the installation. Signature ANTENNAS Date I , have inspected the antennas and mounting for the collocate at the above referenced project and approve of the installation. Signature Date FINAL I , have inspected the installation for the collocate at the above referenced project and approve. Signature 16 Date Exhibit "E" Master Lease MASTER LEASE TO FOLLOW THIS PAGE 17 �r '..w CORPORATE ACKNOWLEDGMENT STATE OF COLORADO ) ) SS. COUNTY OF ARAPAHOE ) On thiday of 1999, before me, the undersigned, a Notary Public in and for the State of Colorado, duly commissioned and sworn, personally appeared Kent McCullough to me known to be the Area Network Director of Colorado RSA # 3 General Partnership, AirTouch Communications, Inc. d/b/a AirTouch Cellular, as its General Partner, the corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. J M o '0y'F Notary Pu lic in and for the State of CO (PA)C!BL�G: 0 FOF COLoP My CommissionEvires�1 Residing at Highlands Ranch My appointment expires: October 10, 2001 ACKNOWLEDGMENT STATE OF to -il arc-d o ) ) SS. COUNTY OF 3 2 R. F"51e ) On this day of .pe jew�be..v- , 1998, before me, the undersigned, a Notary Public in and for the State of Colorado, duly commissioned and sworn, personally appeared to me known to be the of the entity that executed the foregoing instrument and acl owledged fhe said instrument to be the free and voluntary act and deed of said entity for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. (� �� Notary Public in and for the State of Colorado residing at fox 3S`r , I C-. Co s/ �31 My appointment expires: iakl ao o a 19 RIMTRIBUTION OriC:inal, s to:, 1. ntract Book 2. 3. R i Rtc1 , c h a, S Copies to: 1. Accounting 2. 3. 4. ._.._.._..._...._