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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