HomeMy WebLinkAbout08987"AS AMFNDFD"
RESOLUTION NO. 8987
A RESOLUTION APPROVING AN ANTENNA CO- LOCATION LEASE AGREEMENT BETWEEN
TEXAS TELECOMMUNICATIONS, LP AND THE CITY OF PUEBLO, AND AUTHORIZING THE
PRESIDENT OF THE COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1
The Antenna Co- Location Lease Agreement dated May 1, 2000, between Texas
Telecommunications, LP, a Texas Limited Partnership, and the City of Pueblo, a Municipal
Corporation (the "Lease Agreement "), a true copy of which is attached hereto and incorporated herein
by reference, having been approved as to form by the City Attorney, is hereby approved.
SECTION 2
The President of the City Council is hereby authorized to execute the Lease Agreement on
behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk is directed to affix the Seal of
the City thereto and attest same.
INTRODUCED April 24, 2000
BY Robert Schillin
Cou ilperson
APPROVED:
President of the City Council
ATTEST:
City CI
MEMORANDUM OF AGREEMENT
CLERK: Please return this document to:
Texas Telecommunications
4403 Brownfield Highway
Lubbock, TX 79407
Attn: Real Estate Manager
This Memorandum of Agreement is entered into on this 1 st day of May, 2000, by and between
the City of Pueblo, a Municipal Corporation, as sole owner, (hereinafter referred to as " Lessor ") and
Texas Telecommunications, LP, with an office at 4403 Brownfield Highway, Lubbock, Texas 79407,
(hereinafter referred to as " Lessee ").
Lessor and Lessee entered into an Antenna Co- location Lease Agreement
( " Agreement ") on the 1 st day of May, 2000, for the purpose of allowing Lessee to install and
maintain certain communications facility and other improvements in accordance with the terms and
conditions of the Agreement.
2. The term of the Agreement is for five (5) years commencing not later than the 1 st day
of November, 2000 (which the parties agree shall be the date six (6) months from full execution of
this Agreement) or the start of construction, whichever first occurs ( " Commencement Date "), and
terminating on the fifth (5th) anniversary of the Commencement Date with two (2) successive five
(5) year options to renew.
3. The Land which is the subject of the Agreement is described in Exhibit A annexed
hereto. The portion of the Land being leased to Lessee (the " Premises ") is described in Exhibit B
annexed hereto.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of
the 15th day of May , 2000.
LESSO t
City o , P llQl� lo, a M ip 1 Corporation /t 4
By
Name: Corinne Koehler
Title: President of the City Council
Attest:. City rk
Tax I.D. No. 84- 6000 -615
LESSEE:
Texas Telecommunications, LP
By: Ala, os� Delaware GP, LLC
I Gen ral Partner
Y
e: r utt ✓
Prustde-flt
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this `5� h day of
Ma u- , 2000 by Corinne Koehler as President of City Council and Gina
Dutcher, City C e
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
My commission expires: 3 1 - O'l
[SEAL]
STATE OF - r `[L,�Q )
ss:
COUNTY OF �,jj
N ry Public
�- On this day of , 2000, before me personally appeared
J 1� . e, known to me to be the
ar 4� of '[i�Cao'�C �tGol�Mtar�i ctn� the
that executed the within and foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said
that
was authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
[SEAL]
My commission expires:
/g'•D--oy;3
,RY JAMS K MARK
?° NOTARY PUBLIC
state of ?texas
for the uses and purposes therein mentioned, and on oath, stated
NOTot PUBLIC
in an 446r the State of <j
ANTENNA CO- LOCATION LEASE AGREEMENT
THIS ANTENNA CO- LOCATION LEASE AGREEMENT (hereinafter referred to as the
"Agreement" or the "Lease ") is entered into this 1 st day of May, 2000, between The City of Pueblo,
a Municipal Corporation (hereinafter referred to as the " Lessor ") and Texas Telecommunications,
LP, a Texas limited partnership, (hereinafter referred to as the " Lessee ").
For good and valuable consideration the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
1. Premises
(a) Lessor currently owns a parcel of land described more specifically in Exhibit A
attached hereto and incorporated herein by reference (hereinafter referred to as the " Land ") and owns
and operates a telecommunications tower (hereinafter referred to as the " Tower ") located thereon
within the City of Pueblo, County of Pueblo, State of Colorado, (hereinafter the Tower and Land are
collectively referred to as the " Property "). Lessor hereby leases to Lessee and Lessee leases from
Lessor, on a non - exclusive basis, approximately Three Hundred (300) square feet of the Land and
certain space upon the Tower at the Seventy (70) foot level (hereinafter collectively referred to as
the " Premises ") and subject to Lessee's Rill and faithful compliance with all the terms and conditions
of this Agreement, grants to Lessee the non - exclusive right to install and maintain transmission and
utility wires, cables, conduits and pipes upon the Property including over, under or along a course
to be approved by Lessor extending from the public right -of -way to the Premises; said Premises and
access being substantially as described in Exhibit B attached hereto.
2. Use. The Premises may be used by Lessee only to install, maintain, repair, replace, remove
and operate the Lessee Facilities (as defined at paragraph 7(a)) on or in the Premises for the purposes
of a communications facility and uses incidental thereto in connection with the provision of lawfully
authorized telecommunications services. Lessor agrees to reasonably cooperate with Lessee, at
Lessee's expense, in Lessee making application for and obtaining all licenses, permits and any and all
other necessary approvals that may be required for Lessee's intended use of the Premises.
3. Tests and Construction
(a) Subject to Lessee's full compliance with the conditions precedent and all other terms
and conditions set forth in paragraph 15 of this Agreement, Lessee shall have the right at any time
following the full execution of this Agreement to enter upon the Land for the purpose of making
necessary engineering surveys, inspections, soil tests, borings, other reasonably necessary tests and
constructing the Lessee Facilities (as defined in paragraph 7(a)); provided, however, that such tests
and construction shall be at Lessee's sole cost and expense. Upon Lessee's request, Lessor agrees
to provide to Lessee copies of all readily available plans, specifications, surveys and tower amps for
the Land or Tower in Lessor's possession or available to Lessor and not covered by any existing
confidentiality obligation. Prior to installation of the Lessee Facilities on the Tower, Lessee shall
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obtain, and pay for any and all costs associated with, appropriate structural analyses to determine if
the physical condition of the Property is suitable for Lessee's permitted uses.
(b) None of the Lessee Facilities shall be installed on the Tower nor shall any Construction
pertaining to the Lessee Facilities commence until Lessee has submitted its construction and
installation plans and list of contractors and subcontractors to Lessor in writing and such plans and
list have been approved in writing by Lessor, such approval not to be unreasonably withheld, delayed
or conditioned. Lessee shall not alter any plans so approved without following the same procedures.
Lessee shall be responsible for installing and grounding all external and internal wiring and cabling
installed by Lessee in accordance with applicable electrical and building codes. Lessee shall obtain
Lessor's prior written approval of such grounding plans. In the event any such plans are not approved
or rejected by Lessor within sixty (60) days of submittal by Lessee, same shall be deemed approved.
(c) Lessee understands and acknowledges that the Premises is adjacent to a public golf
course and fire station and that, consequently, the Lessee Facilities must be constructed in a manner
that is aesthetically appropriate. Lessee may therefore require that any buildings or structures which
are part of the Lessee Facilities, as described in Exhibit B hereto, be constructed with brick veneer
which matches nearby City facilities, be screened by landscaping, and otherwise be of color, texture
and appearance which is compatible with surrounding land use. During the entire Term of the Lease,
including any Renewal Term, Lessee shall keep the Lessee Facilities in good and proper order and
appearance.
(d) Pursuant to its understanding that the Premises is adjacent to a public golf course,
Lessee represents that construction and installation of the Lessee Facilities shall be conducted in such
a manner as to reasonably preserve the golf course from damage and in the event any such damage
is caused by such construction or installation, Lessee shall promptly and reasonably repair such
damage, at its sole cost and expense, within a reasonable time, being no greater than thirty (30) days
after receipt of notice of such damage. Lessee further represents and acknowledges that there may
be damage to the Lessee Facilities caused by errant, flying golf balls and Lessee does hereby
indemnify and hold harmless the City from and against any claim, damage or loss which may be
incurred by Lessee from such errant, flying golf balls.
4. Term.
(a) Initial. The Initial Term of this Agreement shall be for a period of five (5) years
commencing on the first to occur of (i) the date Lessee commences construction of Lessee Facilities
or (ii) six (6) months after full execution of this Agreement (hereinafter referred to as the
" Commencement Date ") and expiring on the fifth (5th) anniversary of the Commencement Date.
,(>b Renewal Terms Lessee shall have the right to extend this Agreement on the same
terms contained herein for two (2) additional periods of five (5) years (hereinafter referred to as the
" Renewal Terms "). Each Renewal Terns shall be on the same terms and conditions as set forth in this
Agreement, except that Rent shall increase as provided in paragraph 5(b) and there shall be no further
renewal terms beyond the two (2) additional terms provided herein. This Agreement shall
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automatically be renewed for each successive Renewal Term unless Lessee notifies Lessor of Lessee's
intention not to renew the Lease at least thirty (30) days prior to the expiration of the Initial Term
or the Renewal Term, which is then in effect.
5. Consideration
O Initial Term Lessee shall pay to Lessor as rent the sum of Twelve Thousand and
No /I00 Dollars ($12,000.00) per annum (hereinafter referred to as the " Annual Rent "). Annual Rent
shall be payable in equal monthly installments, in advance, on the first day of each month beginning
on the Commencement Date. If the Commencement Date occurs on a Date other than the last day
of a month, the monthly installment of Annual Rent shall be prorated for each such partial month.
U Renewal Term In the event that Lessee elects to renew this Agreement as provided
in paragraph 4(b), the Annual Rent shall increase on the first day of each Renewal Term by fifteen
percent (15 %) of the amlualized Annual Rent in effect immediately preceding the increase.
6. Conditions Precedent This Agreement is subject to the following conditions precedent:
(a) Lessee's ability, upon the exercise of due diligence by Lessee, to obtain all
governmental licenses, permits and approvals required of Lessee for its use of the Premises, including
without limitation, applications for zoning variances, administrative or special use permits, and
building and land disturbance permits (hereinafter collectively referred to as " Governmental
Approvals "); provided, however, that Lessee shall have the right, without obligation to do so, to
appeal any denial by a governmental agency, and the contingency date for obtaining Governmental
Approvals shall be extended until such time as a final decision is rendered and is not the subject of
any further appeal made or defended by Lessee. Lessor agrees to make reasonable effort to
cooperate with Lessee and, if necessary, to join in any application for Governmental Approvals;
provided further, however, that Lessee shall promptly pay for or reimburse Lessor for any of Lessor's
costs or expenses associated with the foregoing; and
(b) A title search, survey, geotechnical and /or environmental study and RF engineering
analysis, in accordance with and subject to the conditions and provisions of paragraph 15 of this
Agreement, shall be allowed by Lessor to be performed by Lessee, which search, survey, study or
analysis shall not reveal defects or abnormalities which Lessee, in its sole discretion, determines
would interfere with or prevent Lessee's intended use of the property.
(c) If either paragraph 6(a) or 6(b) condition precedent is not satisfied or waived within
one (1) year from the date hereof (subject to appeal and tolling of this condition precedent date
pursuant to paragraph 6(a), either Lessor or Lessee may terminate this Agreement on thirty (30) days
written notice to the other party without liability.
7. Facilities; Utilities, Access
(a) Lessee, at its sole cost and expense, has the right to erect, maintain and operate on the
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Premises radio and related communication facilities, including utility lines, transmission lines, an air
conditioned equipment shelter or cabinets, electronic equipment, radio transmitting and receiving
antennas and supporting structures (hereinafter referred to as " Lessee Facilities ") as are specifically
described in Exhibit B. All construction and installation work shall be performed in a good and
workmanlike manner. Title to the Lessee Facilities shall be held by Lessee. Lessee Facilities shall
remain Lessee's personal property and are not fixtures. Lessee has the right to remove all Lessee
Facilities at his sole expense before the expiration or earlier termination of the Agreement; provided,
however, that Lessee is not in default of the Agreement and Lessee repairs any damage to the
Property caused by such removal.
Notwithstanding any language to the contrary contained herein, Lessor does hereby waive any
security interest or lien, inclusive of landlord's lien, whether arising under contract, common law,
statute or otherwise in and to Lessee Facilities and other improvements and personal property of
Lessee located in, on or about the Tower, Premises or Property.
Lessor further recognizes and acknowledges that Lessee intends to enter into or has entered
into certain financial arrangements with Norte] Networks, Inc. ( "Nortel Networks "), as administrative
agent for itself and various other lenders (the "Lenders "), and, in connection with such financing
arrangements, Nortel Networks and the Lenders will take a security interest in the Lessee Facilities
and the products and proceeds thereof (collectively, the "Collateral ") to be installed on the property
which is the subject of this Agreement. Lessor consents to the installation of the Collateral, disclaims
any interest in the Collateral, as noted hereinabove, and represents that the Collateral shall be exempt
from execution, foreclosure, sale, levy, attachment or distress from rent due or to become due and
that such Collateral may be removed, in accordance with the requirements of this Agreement, at any
time without recourse to legal proceedings. Lessor further represents that such consent and
representations noted herein shall inure to the benefit of Lessee, Nortel Networks, the Lenders and
their successors and assigns.
Lessor further represents and acknowledges that Nortel Networks and the Lenders shall have
the right to cure any default of Lessee hereunder within the applicable cure period and may, by
assuming all of Lessee's obligations herein, be substituted as Lessee hereunder. Nothing contained
herein shall be deemed or construed to obligate Nortel Networks or any of the Lenders to take any
action hereunder or to perform or discharge any indebtedness, liability, obligation or duty of the
Lessee under this Antenna Co- location Lease Agreement.
(b) Lessee shall timely pay for the electricity it consumes in its operations at the rate
charged by the servicing utility company. Lessee shall obtain, at its sole cost and expense, separate
utility service from any utility company that will provide service to the Premises. Any access
necessary for such power or other utilities will be at a location reasonably acceptable to Lessor and
the servicing utility company. Lessor represents only that there is availability of electrical power
within the public right of way adjacent to the Land.
(c) Lessee shall have the right to install an emergency gasoline, butane, diesel or other
fuel - powered emergency generator(s) having a power output not greater than 25 kW on the Premises,
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at Lessee's sole cost and expense, and Lessee covenants that such installation and use shall be in
compliance with any applicable federal, state or local environmental, health, fire, zoning, community
awareness, safety laws or other applicable laws or regulations, now or hereafter enacted or
promulgated by any governmental authority or court ruling having jurisdiction over the Property,
including, without limitation, any applicable guidelines promulgated by the Environmental Protection
Agency, and Lessee agrees that it will reimburse Lessor for any increase in Lessor's insurance
premiums directly attributable to any such installation or use by Lessee. Lessee agrees that it shall
not sell any generated power to third parties, inclusive of power companies and utilities.
(d) Lessee, Lessee's employees, agents and subcontractors may enter on or across the
Land twenty -four (24) hours a day, seven (7) days a week, at no charge, to obtain entry into the
Premises for the purpose of constructing, installing, operating, maintaining and repairing those parts
of the Lessee Facilities as are ground- based. Such access shall be as shown on Exhibit B. Lessee
shall not, without at least twenty -four (24) hours prior notice to Lessor, perform or arrange to be
performed installation, maintenance or repair of the Lessee Facilities on the Tower.
(e) Notwithstanding anything contained in this paragraph 7 or in paragraph 10(d) of this
Agreement, any modifications of a structural nature made by Lessee with the approval of Lessor, to
any antenna Tower owned by Lessor which is located upon the Land, shall be and remain the
property of Lessor and not of Lessee, shall not constitute Collateral as defined herein, and shall not
be removed or further altered by Lessee without the express written consent of Lessor.
8. Non - Interference
(a) At Lessor's request, Lessee shall perform an intermod and interference study at the
Property and evaluate for interference with its operations of Lessor's radio or wireless
communications and the operations of other existing radio or wireless communications users at the
Property. Lessee acknowledges that the existing uses and frequencies, as presently identified do not,
if properly and lawfully operated, interfere with Lessee's use of the Property, and that Lessee's use
of the Premises will not interfere with such existing uses and frequencies.
(b) Lessee further agrees that if Lessee's Facilities cause any measurable adverse
interference with the operations of existing radio or wireless communications users at the Property,
Lessee shall cause the elimination of such interference in a prompt and timely manner. If such
measurable adverse interference by Lessee's Facilities with existing communications equipment cannot
be eliminated within a reasonable length of time, but not to exceed forty -eight (48) hours after notice
thereof for material interference and thirty (30) days if otherwise adverse, Lessee shall cause the
interference to cease except for brief tests necessary for the elimination of the interference.
(c) Following the initial installation of the Lessee Facilities, Lessee agrees not to install
any equipment on the Tower or change the frequency, power, or type of its existing equipment on
the Tower without first submitting to Lessor a written proposal regarding the proposed configuration
and obtaining the written consent of Lessor, which consent shall not be unreasonably withheld,
conditioned or delayed. For purposes of this paragraph, consent shall be deemed to be unreasonably
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withheld if (i) the proposed installation or changed, altered, or improved frequency, power or type
of equipment is a use that does not require additional Tower space beyond the existing Tower space
or impose any increased stresses or loads on the Tower in excess of applicable engineering standards;
(ii) said installation or changed, altered, or improved frequency, power, or type of equipment is
authorized by law and is to be made or installed in accordance with good engineering practices; and
(iii) the proposed configuration does not interfere with the transmitters, receivers and equipment of
Lessor or of other tenants of Lessor or licensees existing on the Tower or on the Property at the date
when Lessor receives the aforementioned written proposal.
(d) Lessee acknowledges and agrees that Lessor may allow additional third parties to co-
locate radio or wireless telecommunications equipment upon the Tower, provided that Lessor or any
such third party first performs tests indicating that the proposed new equipment will not cause
adverse interference with the operation of Lessee's Facilities. Lessor and Lessee agree to cooperate
with each other and any such third party regarding technical requirements and in order to avoid any
adverse interference to the operations of the then existing radio or wireless telecommunications users.
Lessor shall be entitled to all revenue derived from the co- location of any such additional facilities
located upon the Land or the Tower.
(e) If any measurable adverse interference with the operation of Lessee's Facilities at the
Property is caused by Lessor or anyone now or in the future holding a Property interest from or
under Lessor due to improper or unlawful operation, or any subsequent change to or addition of
equipment or improvements by Lessor or any such other wireless communications users at the
Property, Lessor agrees reasonably to cause the elimination of same in a prompt and timely manner
or notify the responsible user causing such interference to cease same. If such measurable adverse
interference with Lessee's Facilities by Lessor or other wireless communications users at the
Property cannot be eliminated within a reasonable length of time, but not to exceed forty-eight (48)
hours after notice thereof for material interference and thirty (30) days if otherwise measurably
adverse, Lessor shall cause the interference to cease except for brief tests necessary for the
elimination of the interference. If such interference is not eliminated to the reasonable satisfaction
of Lessee within said time period, Lessee may terminate this Agreement upon thirty (30) days prior
written notice to Lessor, without further obligation hereunder. Lessee agrees that Lessor shall not
be liable to Lessee for damages, whether foreseeable or not, arising from or related to any such
interference, and that termination shall be Lessee's sole and only remedy for interference which is
not eliminated in accordance with this subparagraph (e).
9. Taxes Lessor is an exempt entity with respect to real property taxes. However, Lessee's
Facilities are subject to such taxes which shall be promptly paid by Lessee. Lessee shall also pay all
other real property taxes which are assessed as a direct result of Lessee's improvements to the Land.
10. Default
(a) Either party shall be in default under this Agreement if the party fails to perform any
material duty or obligations under this Agreement and does not cure or remedy such failure to
perform within thirty (30) days after receipt of written notice with respect thereto; provided,
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however, that if such failure to perform shall necessitate longer to cure than thirty (30) days, then
such cure period shall be extended for such time as is reasonably necessary to cure such failure to
perform, but only so long as such efforts to cure are commenced within thirty (30) days after receipt
of written notice from the other party and thereafter proceed diligently and in good faith.
Notwithstanding the foregoing, in no event shall the time within which a party may cure a failure in
the payment of money exceed a single, ten (10) day period, without extension.
(b) Except as otherwise limited in paragraph 8(e) of this Agreement, upon the occurrence
of a default, the non - defaulting party may pursue any and all remedies available under applicable law
and any one or more of the following remedies, separately or concurrently or in any combination,
without further notice or demand whatsoever:
(i) Termination of this Agreement by giving the defaulting party written notice
of such termination, in which event this Agreement shall be terminated at the time designated
in the notice; or
(ii) The recovery from the defaulting party of all costs and expenses incurred by
the non - defaulting party in enforcing its rights and remedies under this Agreement, including
reasonable attorneys' fees and expenses.
(c) Except as otherwise limited in paragraph 8(e) of this Agreement, the termination of
this Agreement by reason of a party's default shall not relieve the defaulting party of any of its duties
and obligations accrued under this Agreement prior to the effective date of such termination.
(d) At the expiration or termination of this Agreement for any reason, Lessee shall
surrender to Lessor the Premises, remove the Lessee Facilities, and shall restore the Premises to
substantially the same condition existing on the Commencement Date, except for ordinary wear and
tear. If Lessee fails to remove the Lessee Facilities as required hereunder, the Lessee Facilities shall
be subject to disconnection, removal and storage by Lessor. In such event, Lessee shall pay to
Lessor upon written demand therefor, the disconnection, removal and storage expenses incurred by
or on behalf of Lessor. In the event the Lessee Facilities remain on the Premises following
termination or expiration of this Agreement (even if it has been disconnected), Lessee shall pay to
Lessor holdover rent equal to one hundred twenty -five percent (125 %) of the then effective monthly
rent, prorated from the date of termination to the date the Lessee Facilities are removed from the
Premises by Lessee. The requirements of this subparagraph (d) shall survive the termination of this
Lease.
11. Termination
(a) If Lessee reasonably determines at any time after the commencement date that the
Premises are not appropriate or suitable for its operations for technological reasons, it may upon
sixty (60) days prior notice to Lessor terminate this Lease, provided that the right to terminate under
this subparagraph shall be exercisable by Lessee only if Lessee pays to Lessor a termination fee equal
to the lesser of three (3) monthly installments of the Annual Rent or the balance of the Annual Rent
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due for the remaining term of this Agreement;
(b) Lessee shall have the right to immediately terminate this Agreement subsequent to
the Commencement date if any of the following occurs, by giving written notice to Lessor of such
termination:
G) Any governmental or non - governmental license, permit, consent, approval,
easement or restriction waiver that is necessary to enable Lessee to install and operate
Lessee Facilities cannot be obtained or renewed at an expense or within the time period
acceptable to Lessee in its sole discretion;
(ii) Any pre - existing communications facilities, or any communications facilities
or other structures of any kind now or hereafter located on or in the vicinity of Lessor's
Property, interfere with Lessee Facilities and Lessee is unable to correct such interference
through reasonably feasible means; and
(iii) Lessee Facilities are totally or partially destroyed by fire or other casualty at
any time so as, in Lessee's sole discretion to hinder Lessee's operation and use of Lessee
Facilities.
(c) Subsequent to the Initial Term Lessee may terminate this Agreement at any time upon
one (1) year prior written notice to Lessor, without further obligation hereunder.
12. Condemnation
(a) If the whole or any substantial part of the Property shall be taken by any public
authority (including, without limitation, Lessor) under the power of eminent domain so as to
materially interfere with Lessee's use and occupancy, then, at the option of Lessee, this Agreement
shall terminate upon written notice to Lessor, or Lessee may so choose that the Agreement shall
terminate as to the part of the Property so taken, and the Rent shall be reduced or abated in
proportion to the actual reduction or abatement of use and/or operation of the Premises. Any Rent
paid in advance shall be refunded to Lessee within thirty (30) days of Lessee's written demand.
(b) In the event of any condemnation, whether whole or partial, Lessor and Lessee shall
be entitled to receive and retain such separate award and portions of lump sure awards as may be
allocated to their respective interests in any condemnation proceedings, or as may be otherwise
agreed. Termination of this Agreement shall not affect the right of the parties to such awards.
13. Insurance
(a) Lessee shall carry during the term of this Agreement, at its own cost and expense,
the following insurance: (i) "All Risk" property insurance which insures the insuring party's property
for its frill replacement cost; and (ii) comprehensive general liability of $1,000,000.00 with a
combined limited for bodily injury and /or property damage for any one occurrence, and (iii)
Workers' Compensation Insurance covering its employees in accordance with the requirements of
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Colorado law, and (iv) excess /umbrella coverage of $2,000,000.00.
(b) Lessee shall name the Lessor as an additional insured Linder its liability policy and
require its insurance company to endeavor to give at least thirty (30) days' written notice of
termination or cancellation of the policy to the additional insured. A certificate of such insurance,
together with such endorsement, shall be delivered to the Lessor within thirty (30) days from the
execution of this Agreement and before the expiration of any term thereof from an insurance
company authorized to do business in the state in which the Property is located.
(c) Lessor is a governmental entity that enjoys certain immunities under law. Lessor also
participates in an intergovernmental risk sharing pool with respect to public liability risk and for
certain loss to Lessor's property. Lessor may continue any such participation as it deems
appropriate. Lessor shall provide and maintain Workers' Compensation insurance coverage (or self
insurance) for its employees complying with the requirements of state law.
(d) Nothing in this Agreement is intended, nor should it be construed, to create or extend
any rights, claims or benefits or assume any liability for or on behalf of any third party, or to waive
any immunities or limitations otherwise conferred under or by virtue of federal or state law, including
but not limited to the Colorado Governmental hiununity Act, C.R.S. §24 -10 -101, et seq.
14. Indemnitv Lessee agrees to compensate Lessor for damages and to indemnify, defend and
hold Lessor harmless from all claims (including reasonable attorneys' fees, costs and expenses of
defending against such claims) incurred by Lessor and arising, wholly or in part, from the willful
misconduct or negligent acts or omissions of Lessee or Lessee's agent, employees, engineers,
contractors, subcontractors or invitees in or about the Premises or arising from Lessee's default
pursuant to this Agreement, except to the extent attributable to or caused by the negligence or willful
misconduct of Lessor, its agents, employees, contractors, or servants. Except as otherwise
specifically provided herein to the contrary, it is understood and agreed that all property kept,
installed, stored, or maintained in or upon the Premises by Lessee shall be so installed, kept, stored,
or maintained at Lessee's risk except to the extent damage. or loss to same is the result of Lessor's
sole negligence. Lessor shall not be responsible for any loss or damage to equipment owned by
Lessee which might result from tornadoes, lightning, wind storms, hail, flying debris, or other acts
of God. The indemnities described in this paragraph shall survive termination of this Agreement.
15. Environmental Provisions
(a) For the purpose of this Lease, "Hazardous Materials" means any hazardous or toxic
substance, material or waste which is or become regulated by any local government authority, the
State of Colorado or the United States government and shall include, but not be limited to (1)
substances defined as "hazardous waste," "restricted hazardous waste," "hazardous substance" or
"hazardous material" under any applicable federal, state or local law or regulation ( "Environmental
Regulations "), (2) asbestos - containing materials, (3) PCBs, (4) petroleum or petroleum based
products, and (5) lead.
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(b) Prior to the date of entry into this Lease, Lessee and its representatives have been or
will have been afforded an opportunity to make inspections of the Premises, including without
limitation the Phase I (and to the extent necessary, Phase II) environmental assessments of the
Premises in accordance with subparagraph (c) below, which Lessee deems necessary or advisable
to determine whether the condition of the Premises is satisfactory to Lessee and whether the
Premises is suitable for Lessee's intended use. Lessor makes no warranties or representations,
whatsoever concerning the presence or absence of any Hazardous Materials in on, under or about
the Premises except for the following:
(1) Lessor has held title to the Premises for many years;
(ii) That the Premises has been used for park, golf course, fire station, and other
governmental purposes over the years including uses involving the presence of electrical
equipment upon the Premises;
(iii) That as of the date of execution of this Lease by Lessor, no portion of the
Leased Premises is subject to any lawsuit, proceeding, citation, or investigation pending or
overtly threatened relating to any contamination or alleged contamination by any Hazardous
Materials or alleged violation of any Environmental Regulations.
(c) (1) Prior to execution of this Lease, Lessee has been afforded an opportunity to
perform its own Phase I environmental assessment of the Property with an environmental
consultant of Lessee's choosing and in accordance with the terms and conditions of this
subparagraph (c) which shall survive termination of the Lease. Such Phase I assessment shall
not involve the taking of subsurface soil or surface or ground water samples, except in
accordance with subparagraph (c)(ii) hereof.
(ii) Other than with respect to the Phase I assessment, in the event Lessee desires
to perform any Phase 1I environmental assessment, or to perform any other inspections,
tests, surveys or other investigations in, on, under or about the Property, or to undertake any
retrieval of soil or water samples or place monitoring wells or conduct drillings or core
sampling, Lessee shall first obtain separate written authorization for same from Lessor and
comply with all requirements set forth in any such written authorization.
(iii) All environmental assessments shall be completed within 60 days after the
execution of this Lease.
(iv) All preliminary and final written reports, evaluations, test results, and
environmental assessment reports produced by Lessee's consultant shall be submitted to
Lessor concurrently with the submission of same to Lessee. Notwithstanding such
submission to Lessor, Lessor acknowledges that such reports, evaluations, test results and
environmental assessment reports are prepared for the exclusive benefit of Lessee, and may
not be used or relied upon for any purpose by any other person or entity without the express
written permission of both Lessee and Lessee's consultant.
PUO8 - Firestation - Rev. 4/24/00 Page 10 of 16
(v) Prior to issuance of any Phase II Environmental Assessment by the Lessee's
consultant which will contain any "baseline" determination and /or any recommendations
pertaining to the removal, clean -up, containment or monitoring of any Hazardous Materials,
or any findings that there has been any release from the Property of any Hazardous
Materials, Lessee shall first provide the Lessor with the proposed draft of such report, and
afford Lessor an opportunity to make comments and offer recommendations to the Lessee
regarding such draft.
(vi) All work performed by Lessee's consultant and all data, reports, drawings,
analysis, test results and other documents prepared or obtained by Lessee's consultant shall
at all times be and remain confidential. Lessee and Lessee's consultant shall maintain in
confidence all such data, reports, drawings, analysis, test results, and other documents
prepared or obtained by Lessee's consultant. Except as required by express provision of law,
and after not less than 14 days prior notice to Lessor, Lessee and Lessee's consultant shall
not report to any federal, state or local governmental agencies any conditions identified or
encountered in the environmental assessments, nor disclose any data, reports, drawings,
analysis, test results or other documents prepared or obtained by Lessee or Lessee's
consultant in connection with said assessments. Lessor shall be solely responsible for
notifying the appropriate federal, state or local agencies, as required by law, or otherwise to
disclose, in a timely manner, any information that may be necessary to prevent any danger
to health, safety or the environment.
(d) Lessee will comply with Environmental Regulations that are applicable to the Lessee
and its use of the Premises and the Land. No activity shall be undertaken by the Lessee, its
employees, agents, licensees, invitees, contractors or subcontractors, on all or any portion of the
Premises or the Land which would cause or permit: (i) the presence, use, generation, release,
discharge, storage or disposal of any Hazardous Material in, on, under, about, or from the Premises
or the Land or any part thereof in violation of any Environmental Regulations; (ii) any portion of the
Premises or the Land to become a hazardous waste treatment, storage or disposal facility , vthout
receiving proper governmental authorization, and in compliance with all environmental regulations;
or (iii) the discharge of pollutants or effluents into any water source or system, or the discharge into
the air of any emissions without receiving proper governmental authorization, and in compliance
with all Environmental Regulations, including, without limitation, the Federal Water Pollution
Control Act, 33 U.S.C. Section 1251 gt sea. and the Clean Air Act, 42 U.S.C. Section 7401 et sea.
(e) Lessee agrees to indemnify, defend and forever hold harmless Lessor, its agents,
successors, and assigns and Lessor's mortgagee, if any, as their interest may appear, from all claims,
losses, damages, expenses and costs, including, but not limited to, attorneys' fees, remedial and
cleanup costs, incurred by reason of the use, storage, generation, release, discharge, maintenance,
disposal, or removal of Hazardous Materials in, on, under, about, or from the Premises or the Land,
or any part thereof, by Lessee, its employees, agents, licensees, invitees, contractors and
subcontractors, irrespective of whether the same occurs or has occurred during the term of this
Lease or subsequent thereto.
PU08 - Firestation - Rev. 4/24/00 Page 11 of 16
(f) The provisions of this paragraph 15 shall expressly survive the expiration of the Initial
Term and any Renewal Term or other termination of this Lease.
16. Assignment The rights of the parties under this Agreement may not be assi ned without
the prior written consent of the other party, except that either party may assign its rights and
delegate its duties hereunder to any individual or firm, corporation, partnership, association, trust
or other entity which, whether directly or indirectly, controls, is controlled by, or is under common
control with the subject party or to a person or entity that obtains control of the assigning party
during the term of this Agreement (hereinafter collectively referred to as an "Affil*ate "). In the case
of an assignment by Lessee requiring the written consent of Lessor, Lessee shall pay to Lessor an
assignment fee of $1,000. For the purposes of this paragraph, the term " control " shall mean the
ownership, directly or indirectly, of the power to direct or cause the direction of the management
and policies of an entity, or the power to veto major policy decisions of any such entity, whether
throu(,h the ownership of voting securities, by contract or otherwise. In no event may Lessee sublet
all or any part of its interest in the Premises. This Agreement shall be binding upon and enforceable
against, and shall inure to the benefit of, the parties hereto and their respective legal representatives,
successors and permitted assigns.
17. Warranty of Title and Quiet Enjoyment Lessor warrants that (i) Lessor owns the Land
and owns and operates the Tower located thereon and has rights of access thereto; (ii) Lessor has
full authority to enter into and perfonn this Agreement; and (iii) Lessor covenants and agrees with
Lessee that upon Lessee paying the Rent and observing and performing all the terms, covenants and
conditions on Lessee's part to be observed and performed, Lessee may peacefully and quietly enjoy
the Premises.
18. Maintenance and Repairs
(a) Lessee shall perform all repairs necessary or appropriate to keep Lessee Facilities on
or about the Premises or located on any appurtenant access to the Premises in good and tenantable
condition.
(b) Lessor, at Lessor's sole cost and expense, shall maintain Lessor's improvements in
good order and repair, wear and tear, damage by fire, the elements and other casualty excepted.
Damage to Lessor's improvements resulting from the acts or omissions of Lessee shall be repaired
by Lessee, at Lessee's cost and expense unless otherwise provided herein.
19. Tower Marking and Lighting Requirements /AM Tower Compliance
(a) Lessor shall be responsible for compliance with all marking and lighting requirements
of the Federal Aviation Administration ( " FAA ") and the Federal Communications Commission
( " FCC ") provided that if the requirement for compliance results from Lessee Facilities, Lessee shall
pay for the reasonable costs and expenses therefor (including for any lighting automated alarm
system).
PU08 - Firestation - Rev. 4/24/00 Page 12 of 16
(b) If lighting requirements apply and a lighting automatic system has been installed by
Lessor, Lessor shall allow Lessee to bridge -in to the system to permit a parallel alarm or to install
a second alarm (to the extent permitted under the Prime Lease) if a bridge would interfere with
Lessor's alarm. Notwithstanding anything to the contrary in this paragraph 19(b), the responsibility
for compliance with FAA and FCC requirements shall remain with Lessor as provided in paragraph
19(a) above.
(c) Lessor warrants that it is in compliance with notification and interference
requirements and obligations in connection with disturbance of AM broadcast station antenna
patterns contained in Part 22 of the release and regulations as promulgated by the Federal
Communications Commission, being more particularly identified as 47 CFR 522.371. Lessor shall
hold harmless and indemnify Lessee from and against any and all costs, expenses, liabilities, damages
and fines in connection with Lessor's non- compliance of 47 CFR 522371, inclusive of reasonable
attorney's fees and costs of court.
20. Backhaul Network
(a) As used in this Agreement, the term backhaul network shall have the meaning
prescribed in Section 17 -2 -1 (6.3.05) of the Pueblo Municipal Code.
(b) Lessee shall not, under any circumstances, be permitted to place, install, maintain or
use any transmission or utility wires, cables, conduits or pipes within any public rights of way of the
City of Pueblo for Lessee's backhaul network unless Lessee
(1) is a telecommunications provider as that term is defined under Colorado law,
including but not limited to §38 -5.5- 102(3), C.R.S.; and
(ii) has been duly authorized by the Colorado Public Utilities Commission
( "PUC ") to provide competing local exchange services within the State of Colorado; and
(iii) has entered into a separate non- exclusive license agreement with the City of
Pueblo under which consent has been granted to Lessee to use the public right of way for
telecommunications facilities.
(c) Nothing in this paragraph 20 is intended to prohibit or restrict Lessee from using as
Lessee's backhaul network, the facilities of a telecommunications provider authorized by the PUC
or Federal Communications Commission to provide either local exchange or interexchange
telecommunications services within the State of Colorado provided such telecommunications
provider has been granted a non - exclusive license by the City of Pueblo to make reasonable use of
the public rights of way or such license has been deemed to have been granted under Colorado law.
PU08 - Firestation - Rev. 4/24/00 Page 13 of 16
21. Miscellaneous
(a) This Agreement constitutes the entire agreement and understanding between the
parties, and supersedes all offers, negotiations and other agreements concerning the subject matter
contained herein. Any amendments to this Agreement must be in writing and executed by both
parties.
(b) If any provision of this Agreement is invalid or unenforceable with respect to any
party, the remainder of this Agreement or the application of such provision to persons other than
those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this
Agreement shall be valid and enforceable to the fullest extent permitted by law.
(c) This Agreement shall be binding upon and inure to the benefit of the successors and
permitted assignees of the respective parties.
(d) Any notice or demand required to be given herein shall be made by first class United
States mail or recognized overnight courier to the address of the respective parties set forth below:
Lessee: Lessor:
Texas Telecommunications, LP City of Pueblo
4403 Brownfield Highway 1 City Hall Place
Lubbock, TX 79407 Pueblo, CO 81003
Attn: Real Estate Manager Attn: City Manager
Copy to: Copy to:
Steven A. Portnoy Thomas E. Jagger
Attorney at Law City Attorney
14800 Quorum Drive, Suite 200 127 Thatcher Building
Dallas, "I'X 75240 Pueblo, CO 81003
Copy to:
Nortel Networks, Inc.
Administrative Agent
Credit Agreement 6/10/99
GMS 991 04 B30
Lakeside Boulevard
Richardson, TX 75082 -4399
Copy to:
Director of Transportation
City of Pueblo
350 S. Grand Avenue
Pueblo, CO 81003
Lessor or Lessee may from time to time designate any other address for this purpose by written
notice to the other party. All notices hereunder shall be deemed received upon mailing or deposit
with such overnight courier.
(e) This Agreement shall be governed by the laws of the State of Colorado.
PUOS - Firestation - Rev. 4/24/00 Page 14 of 16
(f) Lessor acknowledges that a Memorandum of Agreement in the form annexed hereto
as Exhibit C may be recorded by Lessee, at Lessee's option, in the official records of the County
where the Land is located.
(g) Except as otherwise specifically provided, in any case where the approval or consent
of one party hereto is required, requested or otherwise to be given under this Agreement, such
approval or consent shall not be unreasonably conditioned, delayed, or withheld.
(h) All Exhibits may be executed in duplicate counterparts, each of which shall be
deemed an original.
(i) This Agreement may be executed in duplicate counterparts, each of which shall be
deemed an original.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above written.
LESSO :
City oy a M 1 ip I Corporation
By
Name: Corinne Koehler
Title: President of the City Council
LESSEE:
Texas Telecommunications, LP
By: Alarelaware GP, LLC
It9'Gene al Partner
By
Attest: q�
City 61erk
Tax I.D. No. 84- 6000 -615
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
tle: 12-asJda" 6ERF
The foregoing instrument was acknowledged before me this / Sfh day of
ffla.l, , 2000 by Corinne Koehler as President of City Council and Gina
Dutcher, City Clerk.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
My commission expires: --?- '/- 6
PU08 - Firestation - Rev. 4/24/00 Page 15 of 16
[SEAL]
STATE OF - T )
ss:
COUNTY OF bp r�k— )
S�
Nota g ublic
- On this day of L( , 2000, before me personally appeared
.le RR f/ , known to me to be the
e � o
e a,f o f T�k Tt le 6,21hM WA, , the
that executed the within and foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said
ZD
for the uses and purposes therein mentioned, and on oath, stated
that was authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
[SEAL]
NOTARY P BLI
My commission expires: in and for the State of K C-O
JANIS RAC R
NOTARY PUBLIC
�> f� Skate of Texas
of. Curran. EKP 0:3 -18 -20203
PU08 - Firestation - Rev. 4/24/00 Page 16 of 16
EXHIBIT A
DESCRIPTION OF LAND
to the Agreement dated May 1, 2000, by and between the City of Pueblo, a Municipal Corporation,
as Lessor, and Texas Telecommunications, LP, as Lessee.
The Land is described and /or depicted as follows:
A parcel of land located in Section 3, Township 21 South, Range 65 West of the 6th
Principle Meridian, more particularly described as follows:
Basis of Bearings: Bearings based on the monument line of St. Clair Avenue from the
reference monument at the intersection of Princeton Avenue to the reference monument
located 122.17 feet (122.13 feet - plat) east of said intersection. Reference monuments are
brass tacks in a lead plug in a concrete stone within a cast iron range box in the pavement,
and the bearing (S87 °07'21 "E) between the monuments was taken from the subdivision plat
of Sunset Park, Third Filing, as filed for record with the Pueblo County Clerk and
Recorder's Office on August 22nd, 1956, in Book 17 at Page 12.
Commencing at the monument located at the centerline intersection of St. Clair Avenue and
Princeton Avenue, thence west along the monument line bearing N87 °07'21 "W a distance
of 150.00 feet to the intersection with the east right -of -way line of Pueblo Boulevard, thence
north along said east right -of -way line of Pueblo Boulevard which bears NO2 °52'39 "E a
distance of 40.00 feet to the point of beginning. Said point of beginning also being the
intersection of the east right -of -way line of Pueblo Boulevard and the north right -of -way line
of St. Clair Avenue, thence continuing north along said right -of -way line of Pueblo
Boulevard that bears NO2 °52'39 "E a distance of 95.00 feet, thence east along a line parallel
to the right -of -way of St. Claire Avenue that bears S87 °07'21 "E a distance of 153.00 feet,
thence south parallel to the east right -of -way line of Pueblo Boulevard a distance of 95.00
feet to the north right -of -way line of St. Clair Avenue, thence west along said right -of -way
line of St. Clair Avenue a distance of 153.00 feet to the point of beginning. Said parcel
contains 0.333 acres, more or less.
Lessee Initials r Lessor Initials
EXHIBIT B
DESCRIPTION OF PREMISES
to the Agreement dated May 1, 2000, by and between the City of Pueblo, as Lessor, and Texas
Telecommunications, LP, as Lessee.
The Premises are described and /or depicted as follows:
A parcel of land bound within Parcel "A ", located in Section 3, Township 21 South, Range
65 West of the 6th Principle Meridian, more particularly described as follows:
Basis of Bearings: Bearings based on the monument line of St. Clair Avenue from the
reference monument at the intersection of Princeton Avenue to the reference monument
located 122.17 feet (122 -13 feet - plat) east of said intersection. Reference monuments are
brass tacks in a lead plug in a concrete stone within a cast iron range box in the pavement,
and the bearing (S87 °07'21 "E) between the monuments was taken from the subdivision plat
of Sunset Park, Third Filing, as filed for record with the Pueblo County Clerk and Recorder's
Office on August 22nd, 1956, in Book 17 at Page 12.
Commencing at the monument located at the centerline intersection of St. Clair Avenue and
Princeton Avenue thence west along the monument line bearing N87 °0721 "W a distance of
150.00 feet to the intersection with the east right -of -way line of Pueblo Boulevard, thence
north along said east right -of -way line of Pueblo Boulevard which bears NO2 °52'39 "E a
distance of 40.00 feet to the intersection of the east right -of -way line of Pueblo Boulevard
and the north right -of -way line of St. Clair Avenue, thence continuing north along said
right -of -way line of Pueblo Boulevard that bears NO2 °52'39 "E a distance of 95.00 feet
thence east along a line parallel to the right -of -way line of St. Clair Avenue that bears
S87'07'21 "E a distance of 104.00 feet, to the point of beginning, said point being the
northwest corner of Parcel "B "; thence continuing east along a bearing of S87 °07'21 "E a
distance of 15.00 feet, thence south along a bearing of S02 °52'39 "W a distance of 20.00 feet,
thence west along a bearing of N87 °07'21 "W a distance of 15.00 feet, thence north along a
bearing of NO2 °52'39 "E a distance of 20.00 feet to the point of beginning. Said parcel
contains 0.0069 acres, more or less.
Notes:
1. This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee.
2. Setback of the Premises from the Land's boundaries shall be the distance required by the applicable
governmental authorities.
3. Width ofaccess road shall be the width required by the applicable governmental authorities, including police
and fire departments.
NOT DRAWN T SCALE - TO BE REPLACED WITH SITE PLANS AND DRAWINGS
Lessee Initials Lessor Initials C t��
ii
ATTACHMENT TO EXHIBIT "B"
Iii I I 1�
RESTROOMS
SCALE: 1 " = 30'
GOLF COURSE
PARCEL "A"
Sri
104.0
l 153. 0'
16' 1
I� I
EXSTG.
III I I I
I iI I I I
TOWER ° o
o
104.0
l 153. 0'
16' 1
15.0'1 E
EXSTG.
TOWER ° o
o
15.0�0' n
(M 67'
PARCEL "B"
I
I
°I
°
rn I
it T I
I PROP, LINE
L L C),:
FIRE STA. #7 j PARKING LOT
ST. CLAI R AVE.
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this /jd t, day of
2000 by Corinne Koehler as President of City Council and Gina
Dutcher, City
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
My commission expires: 3-
[SEAL]
N Publi
STATE OF — Cr -0 )
ss:
COUNTY OF L )
On this day of a , 2000, before ine personally appeared
Lij known to me to be the
of ( Tt) t c - h MM k h: c -�b-y F —LP , the
that executed the within and foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said
for the uses and purposes therein mentioned, and on oath, stated
that was authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
[SEAL]
NOTARY UBLIC
My commission expires: in and for the State of e-
°1�rP��ti J,�tNIS K it ARR
NOTARY PUBLIC
Stat, of Texan
C(Nnm. Kxq '). :)R -' -2000
Lessee Initials
Lessor Initials
City of Pueblo
OFFICE OF THE CITY ATTORNEY
127 Thatcher Building
PUEBLO, COLORADO 81003
MEMORANDUM
TO: Members of the City Council and the City Manager
FROM: Thomas J. Florczak, Assistant City Attorney
DATE: April 18, 2000
RE: Antemla Co- Location Lease Agreement with Texas Telecommunications, LP'
City Comlcil adopted a comprehensive zoning ordinance in August 1999 regulating the review and
approval of telecommunications towers and antermas. Among the goals of the ordinance; were the
avoidance of proliferation of new towers and encouragement of co- location of new antemlas on
existing towers. The ordinance allowed the placement of an antenna or tower as a matter of right
without administrative or special use approval in only two circumstances. One of these circumstances
is where the proposed antenna or tower is to be located upon land owned or controlled by the City
of Pueblo pursuant to a lease approved by City Council. It was anticipated that such a lease
arrangement would be consistent with the goals of the ordinance since the City would control the
location, the leasing process and the matter would be subject to public review before City Council.
The Lease presented to City Council is in fiirtherance of the goals of the tower ordinance. It permits
the Lessee to place its antenna at an available location upon the City's existing radio tower located
behind Fire Station No. 7 at Pueblo Boulevard and St. Clair Avenue. It also leases an adjacent 300
square foot parcel of ground for telecommunications equipment to be either contained in an
aesthetically acceptable building or completely enclosed by an opaque and aesthetically acceptable
fence. The Lessee will pay $12,000 annual rent during the five year lease term. The Lessee will also
have the option to renew for 2 additional 5 -year terms, with rent increasing to $13,800 annually for
years 6 though 10, and to $15,870 annually for years 11 through 15.
The Resolution approving the Lease Agreement provides that rent under the lease shall be recognized
as revenue to the Golf Course Enterprise Fund. This is appropriate since the 300 square foot area
will be located upon golf course property.
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