HomeMy WebLinkAbout1.04 Signed leaseSite Name: Blanco Hill. CO
LEASE AGREEMENT
This Lease Agreement ("Lease") is entered into this `'>)104-1-' day of r Arc h , 2015, by
and between A & .I Woodward, LLC, a Colorado limited liability company, with a notice address of 19294
Hwy 13, Rifle, CO 81650 ("Lessor"), and Commnet Four Corners, LLC, a Delaware limited liability
company, with a notice address of 1562 N. Park Street, Castle Rock, CO 80109 ("Lessee").
For valuable consideration, receipt whereof is hereby acknowledged, the parties hereto agree as follows:
1. Property and Premises. Lessor is the sole owner of that certain real property, and any
improvements thereon, located in the County of Garfield, State of Colorado (Lessor's improvements and real
property are collectively referred to as the "Property"), which Property is further described in Exhibit A
attached hereto and made a part hereof by this reference. Lessor hereby leases to Lessee, and Lessee leases
from Lessor, on the terms and considerations set forth herein, ground space on the Property of approximately
40' by 40', a 20' wide Access Easement, and a 10' wide Utility Easement (the "Premises"), which Premises
may be further described in Exhibit B attached hereto and made a part hereof by this reference. The Premises
may be more specifically described following a survey and/or additional drawings which, upon Lessor's
approval thereof, will modify, supplement or replace and supersede Exhibit B.
2. Use. The Premises may be used by Lessee for the testing, construction, operation, maintenance,
upgrade and replacement of communications facilities and all necessary appurtenances and uses incidental thereto
(the "Facilities"). The Facilities may include, without limitation, a monopole, tower, poles, antenna structures,
antennas, dishes, cabling, equipment pads and shelters, radio transmission and computer equipment, telephone,
electric power, and utility and transmission lines, batteries, generators, other fixtures and equipment, gates, and
fences. Lessee shall have exclusive use of the Premises.
3. Tests and Construction. Lessee shall have the right, after providing proper notice to Lessor,
and following the full execution of this Lease, to enter upon the Premises for the purpose of performing
appropriate soils, environmental and engineering tests, studies, surveys, inspections, soil tests and borings, and
ground inspections, and for other inspections and tests, and for constructing the Facilities.
4. Term. The term of this Lease is five (5) years commencing upon the date that Lessee
commences construction of Lessee's Facilities on the Premises ("Commencement Date"). Lessee shall have the
right to extend the term of this Lease for up to five (5) successive five-year periods (each an "Extension Term")
on the terms and conditions set forth herein. This Lease shall automatically be extended for each successive
Extension Term unless Lessee notifies Lessor in writing, delivered not less than 60 days prior to the first day of
the Extension Term of Lessee's intention not to extend the Lease.
6. Con tractions t t,a; Access. (a) The parties agree that for a period of 60 days beginning on
the Commencement Date (the "Construction Period"), Lessee may utilize ground space on the Property for a
temporary construction easement as generally described in Exhibit C for purposes of constructing Lessee's
Facilities on the Premises, and that once the Facilities are constructed or at the end of the 60 day period,
whichever occurs first, Lessee shall be limited to the Premises as described in Section 1 herein for ground space
and use.
(b) All of Lessee's construction and installation work related to the Facilities shall be performed in
a good and workmanlike manner. Title to the Facilities shall be held by Lessee. Lessee has the right to make
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Site Name: Blanco Hill. CO
additions and replacements to the Facilities. AH of the Facilities shall remain Lessee's personal property and
Lessee shall have the right to remove all or part of the same at any time, whether or not said items are considered
fixtures and attachments to real property under applicable law. Lessee shall remove its Facilities within one
hundred eighty (180) days after expiration or any termination of this Lease. Lessee shall remove all foundations
and underground wiring, cables, conduits, and appurtenances, return the surface to the original grade and
conditions which existed at the execution of this Lease, and provide area seeding and regrowth for a period of 1
year, beginning on the date of expiration or other termination of this Lease. Lessor shall cooperate with any
reasonable request in making application for and obtaining of licenses, permits and all other necessary approvals
that may be required for Lessee's construction and intended use of the Premises. Upon Lessee's reasonable
request and at Lessee's expense, Lessor shall provide to Lessee any documentation necessary for Lessee to
comply with environmental and other governmental requirements,
(c) Lessee shall obtain all utilities necessary for the operation of its equipment and the Facilities,
which utilities will be separately metered and paid by Lessee. Lessee shall have the right to access, install and
obtain electrical power and telephone connections and lines under the Property at a depth of no less than 3 feet.
If utility companies require Lessor to sign documents or easements to provide services to Lessee, such
documents or easements shall be individually discussed with Lessor. Lessor agrees to sign such documents or
easements after discussions and upon Lessor's approval.
(d) Following the Construction Period, Lessee, its employees, agents, contractors, guests and invitees
shall have access to the Premises twenty-four (24) hours a day, seven (7) days a week, by providing at least 24-
hour advance notice by telephone to Lessor by calling 970-$78-4665. During hunting season (approximately
mid-August to mid-November) Lessee may access the Premises from 9:00 a.m. to 3:00 p.m. by providing 24-
hour advance notice. Lessee may access the Premises at any time, including during hunting season, if there is an
emergency and Lessee gives notice by telephone to Lessor prior to access. Lessee shall provide weed control on
the access road and utility easement.
7. )interference. Lessor agrees that Lessor and its tenants, licensees, employees, invitees or agents
will not unreasonably interfere with the operations of Lessee.
8. Termination,. This Lease may be terminated as follows:
(a) by either party upon a default of any covenant or term hereof by the other party, which default is not
cured within sixty (60) days of receipt of written notice of default from the non -defaulting party, provided that if
the default may not reasonably be cured within a sixty (60) day period, this Lease may not be terminated if the
defaulting party commences action to cure the default within such sixty (60) day period and proceeds with due
diligence to fully cure the default; or
(b) by Lessee upon ninety (90) day prior written notice to Lessor, if Lessee determines, in its sole
disare i p (i) any environmental, title, survey, soil boring or other report or test is unsatisfactory, or (ii) Less
1? tat or maintain, in a form satisfactory to Lessee, any desired approval, permit, right or Basemen
(: ; �m es location or operation of the Facilities at the Premises no.longer meets Lessee's econ
ologital or business requirements, or (iv) because of changes in system design or system usage patte
see'.s ...,,of the Facilities a the Premises is no longer consistent with the optimal operation pf Les
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9, Destruction slud' Condemnation. l`n the event t t Faci 'ties or ' - . `1 ama
destroyed, condemned or taken, so as to materially interfere with Lessee's use and occupancy thereof, Lessee
shall be entitled to elect to terminate this Lease. Lessor shall not be required to repair any injury or damage by
any cause, or to make any repairs or replacements of any appurtenances, fixtures, or Lessee's improvements or
any other property improvements installed in the Premises by Lessee. In the event of any emergency, damage, or
destruction, Lessee may request approval from Lessor to place, install or erect additional equipment or facilities
on the Property within a reasonably close distance from the Premises, and as approved by Lessor, as necessary
to assure continuation of Lessee's operations. Lessee agrees to construct and erect a fence during the
Construction Period with a locking entry gate, and with a minimum height of 8 feet from the ground's surface,
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Site Name: Blanco Hill. CO
surrounding the Premises so as to mitigate and avoid damage to the Premises or Facilities. The fence and gate
shall be reasonably maintained by Lessee throughout the Lease Term and any Extension Term. Lessee agrees to
take all necessary action to avoid and prevent any damage or destruction to the Premises, Facilities, and the
Property. In the event that Lessee (or any person associated with Lessee) damages or destroys the Property,
Lessee shall restore the Property to its original condition or reimburse Lessor for any and all costs related to
such restoration if Lessor conducts such restoration.
10. Force Maieure. Subject to the provisions set forth in this Lease, a party shall not be chargeable
with, liable for, or responsible to the other party for anything or in any amount for any delay caused by fire,
earthquake, explosion, the elements, acts of God, or the public enemy, action or interference of governmental
authorities or agents, war, invasion, insurrection, rebellion, nr any other cause whether similar or dissimilar to
the foregoing which is beyond the control of the party. Any delay due to said causes shall not be deemed a
breach of or default in the performance of this Lease, it being specifically agreed that any time limit provision
contained in this Lease shall be extended for the same period of time lost by causes set forth herein.
11. Insurance and Indemnity. Lessee, at Lessee's sole cost and expense, shall procure and
maintain on the Premises and on the Lessee Facilities, liability injury and property damage insurance with a
combined single limit of at least One Million and 00/100 Dollars ($1,000,000.00) per occurrence, and shall
furnish Lessor at all times with a current Certificate of Insurance. Such insurance shall insure, on an occurrence
basis, against liability of Lessee, its employees and agents, arising out of or in connection with Lessee's use of
the Premises. Lessor shall carry and maintain all risk property insurance covering its improvements, equipment
and other property in amounts not less than their full replacement cost. Lessor shall also carry general liability
insurance in amounts reasonably determined by Lessor, but no less than the amounts required of Lessee. Each
party shall indemnify, defend and hold the other harmless against any and all third -party written claims,
demands, losses, damages and liabilities, and any costs or expenses, including reasonable attorneys' and
consultant fees and expenses, to the extent arising from the indemnifying party's breach of this Lease or from
negligent or intentional acts or omissions of the indemnifying party's agents, employees, invitees, guests or
contractors, which duties shall survive the termination of this Lease.
12. Title and Quiet Enjoyment. Lessor represents and warrants to Lessee that to the best of
Lessor's knowledge and belief (a) Lessor has the sole and full right, power, and authority to execute and fulfill
its obligations under this Lease and has obtained any and all consents required to enter into this Lease, and will
provide Lessee with evidence of such authority upon reasonable request; (b) Lessor is the sole owner and has
good and marketable title to the Property free and clear of any liens, mortgages, or other encumbrances; (c) there
is no agreement, covenant, condition or restriction relating to the Property which could affect Lessee's use of the
Facilities or rights under this Lease; (d) there is direct legal ingress, egress and access from a public right-of-
way across the Property to the Premises for Lessee's use for utilities, equipment, vehicles and pedestrians; and
(e) the Property is not in violation of any applicable laws, statutes, ordinances, rules, codes, regulations, or
orders of federal, state, and other governmental or quasi -governmental authorities having jurisdiction over the
Property. Lessor shall provide written notice to Lessee in the event that Lessor assigns or otherwise transfers all
or any part of its interest in this Lease or the Property. Lessor further covenants that Lessee shall have quiet
enjoyment of the Premises during the term of this Lease and any extension thereof. Lessee has the right to
remove the Facilities at any time. Subject to the terms of this Lease, if at any time during the term of the Lease
Lessor decides to sell or otherwise transfer all or part of the Property of which the Premises is a part, then such
sale or transfer shall be subject to this Lease and Lessee's rights hereur4er. Upon sale or transfer, Lessor shall
owe no further duties or obligations under this Lease.
13. Hazardous Substances. Lessor and Lessee agree to not use, generate, store or dispose of any
Hazardous Material on, under, about or within the Property in violation of any law or regulation. As used in this
paragraph, "Hazardous Material" shall mean petroleum or any petroleum product, asbestos, any substance
known by the state in which the Property is located to cause cancer and/or reproductive toxicity, and/or any
substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state
or local law or regulation. Lessee will be solely responsible for and will defend, indemnify, and hold Lessor, its
agents, and employees harmless from and against any and all direct claims, costs, and liabilities, including
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Site Name: Blanco Hill. CO
reasonable attorneys' 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 introduced to the Property by Lessee.
Lessor represents and warrants to Lessee that, to the best of Lessor's knowledge and belief, there are no
environmental liens against the Property and that there are no Hazardous Materials or underground storage tanks
on or near the Property. Lessor will be solely responsible for and will defend, indemnify, and hold Lessee, its
agents, and employees harmless from and against any and all direct claims, costs, and liabilities, including
reasonable attorneys' 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 Lessee.
14. Miscellaneous. (a) This T,ea.Se constitutes the entire Lease and understanding between the
parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained
herein. Notwithstanding any provision of this Lease to the contrary, this Lease will not be effective until fully
executed by Lessor and Lessee. Any amendments to this Lease must be in writing and executed by both parties.
Each of the parties hereto warrants to the other that the person or persons executing this Lease on behalf of such
party has the full right, power and authority to enter into and execute this Lease on such party's behalf and that
no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Lease.
(b) This Lease shall be governed by the laws of the State of Colorado. If any provision of this
Lease is adjudged to be invalid or unenforceable with respect to any party, the remainder of this Lease shall not
be affected and all other provisions of this Lease shall be valid and enforceable to the fullest extent permitted by
law.
{c) if either party resorts to litigation arising out of this lease, the prevailing party shall be awarded
its reasonable attorney's fees and costs. Jurisdiction shall be in the State of Colorado. Venue shall be in Garfield
County.
(d) This Lease shall be binding on and inure to the benefit of the successors and assignees of the
respective parties. Upon Lessor's approval, Lessee may assign, sublease, sublicense or otherwise transfer all or
any part of its interest in this Lease or in the Premises. Lessee's sublessees, licensees, assignees, or other
transferees, if any, shall be subject to and owe the same duties, agreements, and covenants to Lessor in
accordance with this Lease, and shall be permitted the same rights granted to Lessee in accordance with this
Lease and, as limited by the provisions herein, easements for ingress and egress and utilities to the Premises.
Upon such a permitted assignment, Lessee shall owe no further duties or obligations under this Lease
Notwithstanding any other provision of this Lease to the contrary, Lessee will have the right to assign this Lease
and its rights herein, in whole or in part, to any entity controlled, controlling or under common control with
Lessee, or to any successor in interest or entity that purchases assets of Lessee at the Premises, or to any entity
licensed to provide wireless services.
(e) Any written notice or demand required to be given herein, unless otherwise stated, shall be
made by certified or registered U.S. mall, return receipt requested, or by a nationally recognized courier to the
address of the respective parties first written above, or by hand delivery. 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 given when deposited with a nationally recognized overnight courier or in the U.S. mail or
otherwise upon actual receipt.
(f) If personal property taxes are assessed, Lessee shall pay any portion of such taxes directly
attributable to the Facilities. Lessor shall pay all real property taxes, assessments, and deferred taxes on the
Property.
(g) Lessee maintains the option to provide a memorandum of lease in recordable form for Lessor's
review. Once approved by Lessor, the memorandum of lease may be recorded by Lessee in the official records
of the county where the Property is located. Lessee agrees to provide a release of lease in recordable form, and
to execute and record the release no later than 30 days following any termination or expiration of this Lease.
Lessee may obtain title insurance ort its interest in the Premises and Lessor shall reasonably cooperate by
executing reasonable documentation related thereto.
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Site Name: Blanco Hill. CO
(h) In any case where the cooperation, approval or consent of either party is required or requested, a
party shall not unreasonably delay or withhold its cooperation, approval or consent.
IN WITNESS WHEREOF, the parties have executed this Lease.
LESSOR: A & J Woodward, LLC LESSEE: COMM net Four Corners, LLC
By:
Print Name: /4/4797 e G i771,e / Print Name: Mark Hansen
yr P. Network Support
Title: /4/162.6,' Title:
Date: Date: �-- f
Site Name: Blanco Hill. CO
EXHIBIT A
DESCRIPTION OF PROPERTY
The Property in the County of Garfield, State of Colorado and described and/or depicted as follows:
Township 4 Sosth, Range 94 West. 6th Principal Meridian
Section IS: W1/2, WI/2SEI'4
Section 12: WI/2NW1/4, EI/2W1/2, R'113E1/:, E1I2SE1/4
Section 23: SWl/4SWI/4
Section 26: NW1/41M1/4, E1/2NW1/4, N1/2SW1/4
Except that portion conveyed to the Department of Highways, State of Colorado in deed recorded March 15,
1958 in Book 392 at Page 562.
[This Exhibit may be replaced or modified by a further description and/or drawings when received by Lessee.]
Site Name: Blanco Hill, CO
EXHIBIT B
DESCRIPTION OF PREMISES
Page 1 of 2
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Site Name: Blanco Hill. CO
EXHIBIT B
Lease Area and Access Easement and Utility Easement Legal Descriptions:
Leese Area Property Description.
That.pcstron of a tract of rind as deer:BIk Deed for record at Reaepdon number 828589
In tieof ceofthe ' Recorder of.c rftefd F • , Anted in the Wtf2 SeGton5T
South,Range94 PM., said pot oWg ilkaiatd oh Eletaiiiilfe1et,'S
and by
itaiimehtion readeptethereofei d Wig more pardadrily date d sas,SoUotiirs:..
DOMMENDIND'etthe. NONOrdneasf comer of SearsliI5, monurrfeged by a 3.25 inch ELM Brass Cap sbarttped
T481B4W. 6 C10 81S. 8101078` FROM memo') quartet comer common to.6ectian Viand Section 22,
rfturrOW by a 3.25 Itch 81.M Bmse.Cap titairped T4NRIOW, S16, 8221978 h s BO W50'08' East
592066 feel *Old other _ .:oontsined heren being iefBeveUtereto; THENCE South 366'54 x'' Easf ,
281t1.92.fcetta the POINT OF BEGINNING; THENCE Nerth 89'591V East:20.00. 6et THENCE South 80'00+41"
East ,40.00feet THENCE South 8919419MAtst 40.00 reek THENCE *set 00'00'411 west 40.00 feet
THENCE=NOrtft Mina" Esse '20.00 fe9tt° flue POINT OF BEGINNING.
Coining 1800 square felt more or lass.
20 Access Area P
A strip of land �' leek wldlh overlaid Boos parts of a Tract of Land as described by Spm Warranty
De cd * �at Reareptloo number 828589 In the 01110ketlite Detsdy R . col er otGardeld CounttkCiiloratio.
situated bibs W11R15, Taanship 4 South, Range 94 W duh P, M., said patron te; ..a a�
at 8iartit Hlt#sicetd)�.tuatetire td bytfiiaaoade rt het* said t nt (20) foot strip of fend be1ng
tart 0 (eat an each Watt the:fella Ong destfrIbed
COMM INGit tfte`Has hwest canew of 1t6, r Hume 10 by a 3,25, bat BIM Braes Cep stuped
T43 41AI, Se, 810, S15S18' 1916 FROM gt`tarter corrrer common to Semon 15 ant Sec on 22.-
Tarountentedb�yye325ThchBLM CapsthtpedT�W,,815,; 822.1978`beami-8oah24`5G0EtEast
592518 feetaarftft ell other a oordeirrsd herein beinitridadve thereto; THENCE South 3$15413' East 261 0.92
feettOIlhp POINT dF BEGINNIN. ': T E NCE-Niidit.c13•36140. Reid 61,08 feet THENCE Werth 01'3)!24't3as:
58 fee 1 THENCE North 42'01'41" t 41,01 THENCENorth 64'29'15' West 14.55 footle a i
My tI oa THENCE along` said teitrelck road the �_cq ea North 961014" Weil 4 ,33 fet "`
T E.S outh 88'0T48'' West 78:27 feet; THENCE Noitth:7r1114" Wriett32.90 feats T) jENCE North 81'01146'
West 30.63 fee,.THENCE NOM 6 10'01rWes(52.97Lfeet THS4CE Nart `4T'40'3YWilt 41.43 feet
T S ICE;North 47'962W West 67.45 feet THENCE North 44'31`$8" Wait 72.45 feet THENCE Nord 45'01'4r
tf at 141,86Met NCE Noo►44'00'6b"t West 12656 feet THENCE NO th41`2N14* West 5030 feet
THENCE North 39W30' V 88.97 eetME lCENorth f31" -West 311161 k THENCENadthS3'01'4 r'
West 34 45 THENCE Nkotlh 65'25;2' Wast 3R19� THENCE Nath 79 ltif Der' West 19.72 feet;
THENCE Southall ' 2" Weatg23.78 feet tothdeasf RIgP ofVttiY of Shea H. 19 snd POINT o
TERMINATION. IMfituslsof saki Op arelengthertetror shharterred to terntirtata m eel* KO of Way of
State ftwi 13mrd the northern fine dem 40f x 40r lease area.
couift;01 saes. more oorlast
Page 2 of 2
10' Arae,Demon
A etii tend TO i ea fereIn w flh over end a ose of a Trot of Landes desafbed by Warmapty
Ond Med for record Recereal number 826589 In 1 • = office of the County Recorder of MrW
elated In the WI/2 &satin 15, Townetrip 4 Salt, Range 94 Wim, 6th P.A . eaM p Is it
on Bianco Hifi dad% art hed heretoan by this mention madepert here, said ren X40) foot strip beirjg
Five feel on each Tide of theftddrAng Dee ed cent
attire NelthmtaIcomer of Section 16, =reinserted by a 3251rcb ELM Brass Cap Named
T4SR04W, 88, 840, 815, Std 197ft FROM'M3ENCE the.dinnerWellman to Section 15 and Sid* 22,
reomene d > KM 3,25 M Brass Cep stamped�W, 8
T4NR15, 8221978bears 24 50'08''East
5825.68 fit wfth all other. adntahrdd herein MOM thereto; THENCE South 36'542nest, 2810.02
tl� him Smith 8r59'1 20.00 De= South 00'00x41* E¢St 11.70 -tate ate the POINT OF
IWEONNING; THENCE North 71'1544" West 53713 fed to en egg pok THENCE North 71.16'44" West
500fiet to the POINT OF MAMMON WNAMTON. The side lines olsaid attars lengtheilid or shortened to terranate
the 0.1Z acres, mom u lessz
bof the foreg pr4// x401 tease area. �d bImhtt ad !lability otlhe surveyor who prepered that
[This Exhibit may be replaced or modified by a further description and/or drawings once received and approved by
Lessor.]
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Site Name: Blanco Hill. CO
Temporary Construction Easement:
EXISTING 2
TRACK R
EXHIBIT C
20' x 40' TEMPORAw
CONSTRUCTION
EASEMENT 400 S.F. \
POINT OF
BEGINNING
UTILITY EASEMENT
TEMPORARY
CONSTRUCTION
EASEMENT 4612 S.F
PAINT OF
BEGINNING
40'X40'
LEASE AREA
S
20' WIDE ACCESS
€
1
40' X 40'
LEASE AREA
EMENT
COMMNET WIRELESS L.L.C.°°� '° I
mem( wsamem umigavigrammati,wamruoman I mukru uge=V
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