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HomeMy WebLinkAboutC99-119 L&B Broadcasting(!�e( I - ( (I - W
CONSENT TO TRANSFER TENANCY
This consent is given in the following circumstances:
1. On July 31,1995, Eagle County, Colorado (" County') and L&B Broadcasting II,
LLC, a Colorado limited liability company C L&B") entered into a consent to
transfer the month to month tenancy ("Tenancy') in association with the sale of
Mountain High Communications d /b/a KTUN radio, assets and business.
2. The consent mentioned above permitted Mountain High Communications by
County to continue to occupy a portion of the Beacon Approach Tower ("Tower")
on a month -to -month rental basis, pursuant to the March 24,1994, letter, attached
as Exhibit "A", on the terms and conditions set forth in the Lease, attached as
Exhibit "B.")
3. On January 22,1999, L&B sold KTUN radio including all of its assets,
equipment, and towers to Salisbury Broadcasting -Colorado, LLC, ("Salisbury').
4. L&B requests that County consent to the transfer of the tenancy in association
with the sale of its assets and business to Salisbury. -
5. Eagle County maintains the possibility of removing the Tower, and as a result,
Salisbury will continue a month -to -month tenancy, which tenancy is terminable
by County on notice.
Accordingly,
Eagle County, Colorado, acting by and through its Board of County Commissioners,
hereby consents to the transfer by L&B of a month -to -month tenancy on the Tower for the purpose of mounting, maintaining, and operating a radio translator, on the terms and conditions
set forth in the Lease at the rate of $66.66 per month. In so consenting, Eagle County expressly
makes no representation how long such tenancy will be permitted to continue as of the time of
the closing of the proposed transfer.
Dated this ZO Y of � 1999.
BOARD OF COUNTY COMMISSIONERS OF
EAGLE COUNTY, COLORADO
GAKAVACONSEN7IRADI0
Johnnette Phillips, Chai
Nonits B. moss V-
toy L� B S roaCASIV% t III u c,
�5
�, s a+fePC�rrj1d11LS. NORTH RAMP
ZA-;LE. ZOLORADO 91631
FAX .3031 329.7307
March 24, 19 EAGLE COUNTY COLORADO
CERTIFIED MAIL NO. P 922 877 350
EAGLE CCLWY
REGIONAL AIRPCRT
(303) :24•9490
Mr. John Chidester
Mountain High Communications
1000 Lionsridge Loop
Vail, Colorado 81547
RE: Eagle County Regional Airport and Mountain High Beacon
Tower Lease
Dear Mr. Chidester,
As identified in the March 3, 1992 lease between Eagle County and
Mountain High Communications, Eagle County hereby elects and
serves due 'notice of termination. Considerations for this
termination action include:
1. Eagle County's desire to'remove both airport beacon
towers;.
2. The Bureau of Land Management's request that the
airport beacon no longer be used as transmitter
site;
3. The imminent construction of a centralized
transmitter site. on Gypsum Point by.Mountain Top
Management.
Eagle County understands the possible difficulties to Mountain
High Communicatoins from this decision. Therefore, Eagle County
is prepared to allow your use of the beacon on a month to month
rental for the remainder of 1994 or -until your transmitter is
relocated . to Gypsum. Point. In addition, Eagle County is
stipulating that Mountain High's transmitter be relocated at no
cost and with the same terms and conditions as in their current
agreement with Eagle County.
EXHIBIT'
We trust that
difficulty rej Mountain
ocating your
customers will not be
inconvenience. If you have
us know.
jSin�cerely,
Dan Reynolds
Airport Manager
High Commun l cat to r, m „...
transmitter and that hnv• hw�
affected. Wg�r.''ce to Your
any questionsaboutothis,e -or any
please lot
DR/1h
cc: Jack Lewis, County Manager
Jim Fritze, County Attorney
I .
QW T
LEASE
BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND
MOUNTAIN HIGH COMMUNICATIONS
D/B/A
KQMT
EAGLE COUNTY AIRPORT LIGHT BEACON APPROACH
THIS AGREEMENT made and entered into this. .3rd day
of _M.."Ch , 1992, by and between the County of Eagle, State
of Colorado by and through its Board of County Commissioners,
Landlord, and Mountain High Communications, Inc., a Colorado
Corporation, d/b/a KQMT, Tenant.
WITNESSETH:
1. That the said Landlord does hereby lease to the said Tenant
the following described property, situated in the County of
Eagle, State of Colorado, to be used only for the purpose of
supporting a translator pertaining to and for the use of Tenant,
viz:
Eagle County Airport Light Beacon Approach Tower.
Elevation: 7,003 AMJL
Tower: .50 Feet
Latitude: 39 degrees 38' 3911
Longitude: 106 degrees 51' 36"
for the term of one year, beginning on the 1st day of February,
1992, and ending on the 6th day of April 1993', automatically
renewable each year thereafter unless terminated as provided
herein or by written notice, certified mail, return receipt
requested, by the party desiring such termination, said notice to
be mailed to the other party at the address given below for
notices, at least ten days prior to the annual expiration date
hereof.
2. The Tenant agrees to pay as annual rent for said premises
Eight Hundred Dollars ($800.00), payable in advance on the sixth
day of April of each year this lease remains in effect, the first
such payment due and payable as of Februay 1,.1992.
3. The Tenant covenants with the Landlord that at the
termination of this lease as provided herein, Tenant will yield
up the premises to the landlord without further notice in as good
condition as when the same were entered upon by the Tenant, loss
by ordinary wear excepted.
C�LIIRi'T
4. The said Tenant shall permit the Landlord to have free access
to the premises hereby leased for the purpose of examining the
same, or to make any needful repairs or alterations of such
premises, which said Landlord may see fit to make.
5. It is further agreed by the said Tenant that neither Tenant
nor Tenant's legal representatives will sublet said premises or
any part thereof, or assign this Lease, or make any alterations,
amendments or additions to this Lease, or make any alterations,
amendments or additions to the buildings on said premises,
without the written consent of the Landlord thereto, and that
neither Tenant nor Tenant's legal representatives will use said
premises for any purpose calculated to injure or deface the same,
or to injure the reputation or credit of the premises for any
purpose calculated to injure or deface the same, or to injure the
reputation or credit of the premises or of the neighborhood.
6. It is further agreed that the Tenant shall keep said premises
in a clean and safe condition, in accordance with the ordinances
and regulations of -the County of Eagle, and the directions of the
Eagle County Airport Manager, and all rules, regulations,
ordinances, laws or statutes of the Federal Aviation
Administration and any governmental body.
7. Tenant shall coordinate with Eagle Telecommunications
Inc./Eagle with regard to the placement of phone equipment on the
Eagle beacon.
S. Landlord shall pay all electrical power costs to run the
beacon and KQMT translators up to $10.00 per month additional
cost. Any cost in excess of $10.00 per month hall be billed to
and paid by Tenant.
9. Tenant agrees to repair, renovate and maintain the existing
building for its use and for use by the County for minor storage
purposes.
10. Tenant agrees to install a power switch with a six -breaker
capacity. Further, there shall be one breaker for the Eagle
County beacon and equipment and whatever is needed by KLITE, but
leaving at least two spots for other users.
11. Tenant agrees to provide its own liability insurance and
workman's compensation and further agrees to indemnify and hold
harmless the County, its agents and employees for any and all
damage to equipment or personnel and from any action or claim
arising from the installation or operation of the equipment.
-2-
I*V/
*NO,
12.. it is understood that the access road on the Bureau of Land
Management is a four-wheel drive road in good weather and shall
be maintained as such. Further, said road may be impassable
during inclement weather. During winter months, said road will
not be plowed.
13. KQMT must obtain its own access easement to the Bureau of
Land Management road mentioned in Paragraph 12 hereinabove.
14. In the event of any damage to the Landlord's Eagle beacon
arising from the installation and/or operations of Tenant's
equipment, Tenant agrees that Tenant is solely responsible for
the prompt repair of any damage so caused.
15. Should any conflicts be caused by KQMT equipment with the
electronics or communications equipment at or before the Eagle
County Airport, Tenant agrees to immediately disconnect all KQMT
equipment installed at the Eagle beacon.
16. And it is further expressly agreed between the parties, that
if default shall be made in the payment of the rent above
reserved, or any part thereof, or in any of the covenants or
agreements herein contained to be kept by the Tenant or Tenant's
successors, executors, administrators or assigns, it shall be
lawful for Landlord or.Landlord's legal representatives to
re-enter into and upon said premises, or any part thereof, either
with or without process of law, and repossess the same, and to
distrain for any rent that may be due thereon, at the election of
said Landlord; and in order to enforce a forfeiture for
non-payment of rent, it shall not be necessary to make a demand
on the same day the rent shall become due., but a demand and
refusal or failure to pay at any time on the same day, or at any
time on any subsequent day, shall be sufficient; and after such
default shall be made, the Tenant and all persons in possession
under Tenant, shall be deemed -guilty of forcible detainer of said
premises under the statute.
-3-
s
IN WITNESS WHEREOF the parties hereto have set their hands
and seal the day and year first above written.
LANDLORD:
COUNTY OF EAGLE, STATE OF
COLORADO and Through its
ATTEST: BOARD COU TY COMMISSIONERS
By •
Clerk to the Board of
County Commissioners
ATTEST:
r
Secretary
STATE OF CO ORAL
County of
Subsc b4
of f,1C2AWUfJA1L
Presiddnt and
Mountain High C
KQMT.
B
Richard X. moistI
n
Chairma L/
P.O. Box 5r0
Eagle, Colorado31
TENANT:
MOUNTAIN HIGH COMMUNICATIONS
A Colorado Corporation,
d/b/a KQMT
By:
Vresi'dent
• Address:
MOUNIA114 i4.4-4J
Vas', Coloratdo
ss
and sworn to before � this
�--- 19g2' b �j
�V Gc
.unications, In ., a Co ora
W�TNEss my hand and official seal.
.,,.My, Commission Expires:
BI
day
as
as Secretary of
Corporation, d/b/a
-4-
...
DISTRIBUTION
Originats.to:
1. Contract Boo
3. l
4.
Copies to:
I. Accounting