HomeMy WebLinkAboutCouncil Packet 12/12/2011CITY COUNCIL AGENDA: December 12, 2011
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
Page -2-
City Council Minutes November 28, 2011 Page 2
CITIZENS' RIGHT TO SPEAK
Nancy Snow thanked all the outgoing candidates and congratulations to the newly
elected officials. Mrs. Snow also thanked Mayor DiTullio for moving the pre-meeting to
the Council Chambers and asked the City Manager to repeat the descriptions of each
item on the agenda as he did during the pre-meeting.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
.L Council Bill 31-2011-An Ordinance amending a combined Outline Development
Plan (ODP) and Final Development Plan (FOP) for property zoned Planned
Industrial Development located within the L & K Industrial Park and specifically,
10700 W. 50th Avenue (Case No. WZ-11-06/ATECS forT-Mobile)
Mayor DiTullio opened the public hearing.
Mr. Dahl informed the Council of his advice given to Council Member Pond to excuse
himself from the hearing because of the conflict created with Council quasi-judicial
hearing requirements by his attendance as a former Planning Commission member
when the item was previously heard . Mr. Pond excused himself from the room for the
duration of the hearing.
Council Bill 31 -2011 was introduced on second reading by Mr. DeMott. City Clerk
Michael Snow assigned Ordinance No. 1505.
Mrs. Reckert presented a staff presentation (amended to this packet).
Mr. Steve Warner made himself available for questioning of Council on behalf of the
applicant, T-Mobile.
Mayor DiTullio closed the public hearing.
Motion by Mr. DeMott to approve Council Bill31-2011 (Ordinance 1505), on second
reading, and that it take effect 15 days after final publication; seconded by Mr. Reinhart;
carried 7-0 with no vote entered by Mr. Pond.
Mr. Pond returned to the meeting at the conclusion of the hearing and vote of Council.
DECISIONS, RESOLUTIONS, AND MOTIONS
2. Motion to award ITB-11-36, On-Call Storm Sewer cleaning and repair services
contract to Quality Pipe Services in an amount not to exceed $50,000
Motion was introduced by Mr. Starker.
City Council Minutes November 28, 2011 Page 3
Motion by Mr. Starker to award ITB-11-36, On-Call Storm Sewer cleaning and repair
services contract to Quality Pipe Services in an amount not to exceed $50,000;
seconded by Mr. DeMott; carried 8-0.
3. Resolution 50-2011 -amending Resolution 32-2011 adoption of the City Budget
and Appropriation of sums of money to the various funds and spending agencies
in the amounts specified for the City of Wheat Ridge, CO for the 2012 Budget
Year to appropriate $200,000 to the Recreation Center fund line item 64-602-
600-602
Resolution 50-2011 was introduced by Mr. Pond.
Motion by Mr. Pond to approve Resolution 50-2011; seconded by Mr. Stites; carried 8-0.
~. Resolution 52-2011 -amending the Fiscal year 2011 General Fund Budget to
reflect the approval of a Supplemental Budget Appropriation in the amount of
$20,033.19 for the Foothills Animal Shelter Special Assessment
Resolution 52-2011 was introduced by Ms. Davis.
Motion by Ms. Davis to approve Resolution 52-2011; seconded by Mr. Starker and Mr.
Stites; carried 8-0 .
.§.. Motion to accept Right-Of-Way at 7405 West 38th Ave.
Motion was introduced by Mrs. Jay.
Motion by Mrs. Jay to accept Right-Of-Way at 7405 West 38th Ave; seconded by Mr.
Starker; carried 8-0.
6. Motion to approve Payment to Tl Training in the amount of $40,960 for a
Decisional Shooting System for the Police Department
Motion was introduced by Mr. DeMott.
Motion by Mr. DeMott to approve Payment to Tl Training in the amount of $40,960 for a
Decisional Shooting System for the Police Department; seconded by Mr. Stites; carried
8-0.
z. Motion to award RFB-11-38 Metal Bus Shelters to Decamil, Orlando, Florida in
the amount of $178,750
Motion was introduced by Mr. Reinhart.
Motion by Mr. Reinhart award RFB-11-38 Metal Bus Shelters to Decamil, Orlando,
Florida in the amount of $178,750; seconded by Mr. Starker; carried 8-0.
City Council Minutes November 28, 2011 Page4
8. Motion to accept Lena Gulch Drainage Easements to allow improvements at
2979 and 3029 Vivian Street
Motion was introduced by Mr. Stites.
Motion by Mr. Stites to accept Lena Gulch Drainage Easements to allow improvements
at 2979 and 3029 Vivian Street; seconded by Mr. Pond; carried 8-0.
9. Resolution 51-2011-amending the Fiscal year 2011 General Fund Budget to
reflect the approval of a Supplemental Budget Appropriation in the amount of
$13,957 for the upgrade of the WRTV8 Community Bulletin Board Software for
2011
Resolution 51-2011 was introduced by Mrs. Langworthy.
Motion by Mrs. Langworthy to approve Resolution 51-2011; seconded by Mr. DeMott;
carried 8-0.
10. Motion to elect the Mayor Pro Tempore
Mr. Starker nominated Mr. Reinhart for the position and Mr. DeMott nominated Mr.
Stites. Mr. Reinhart and Mr. Stites spoke on their leadership contributions and desire to
serve as Mayor Pro Tempore and asked the Council for the support of their vote.
City Clerk Michael Snow announced the nomination by secret paper ballot of the
following Council Members as candidates for Mayor Pro Tempore: four nominations in
favor of Mr. Stites, four in favor of Mr. Reinhart.
Motion by Mr. Reinhart to elect Council Member Stites as Mayor Pro Tern , effective
immediately, term to expire upon election of his/her successor; seconded by Mrs. Jay;
carried 8-0.
CITY MANAGER MATTERS
The City of Wheat Ridge Holiday lighting ceremony will take place on Sunday
December 4th at 6:00pm at the Wheat Ridge Recreation Center. Mr. Goff discussed
the "Passport to Wheat Ridge" program through Enterprise Wheat Ridge. This is a
program that encourages citizens as well as City employees to do their holiday
shopping in Wheat Ridge. There is a $100 shopping award to the winner.
CITY ATTORNEYS' MATTERS
Mr. Dahl thanked new members and honored their contributions as elected officials.
Council Action Form
December 12, 2011
Page2
BACKGROUND:
The regular meetings of the Wheat Ridge City Council are based on the City Council
Rules and the City Charter. It should be noted that four Study Sessions and three Regular
Meetings fall on holidays when the City is closed and are recommended for cancellation.
The following meetings are recommended for cancellation in 2012:
Study Session, January 2"d, Closed in Observance ofNew Year's Day
Study Session, January 16th, Martin Luther King, Jr. Day
Study Session, February 20th, President's Day
Regular Council Meeting, May 28th, Memorial Day
Study Session, September 3rd, Labor Day
Regular Meeting, November 12th, Closed in Observance of Veteran's Day
Regular Council Meeting, December 24th, Christmas Eve
RECOMMENDATIONS:
None
RECOMMENDED MOTION:
"I move to adopt the 2012 City Council Regular Meeting Calendar as presented."
Or,
"I move to postpone the adoption of the 2012 City Council Regular Meeting Calendar for
the following reason(s) "
REPORT PREP AREDIREVIEWED BY:
Bruce Roome, Deputy City Clerk
Michael Snow, City Clerk
ATTACHMENTS:
1. Proposed 2012 City Council Regular Meeting Calendar
January 2012
Official Wheat Ridge City Council Calendar
Sun Mon Tue Wed Thu Fri Sat
I 2 3 4 5 6 7
NEW YEARS DAY CITY HALL 6:00 pm Renewal 7:00pm Planning
CLOSED Wheat Ridge Commission
Council Study Session
(Canceled)
8 9 10 II 12 13 14
7:00pm City Council 6:00 pm Cultural 9:00 am Liquor
Meeting Commission (WRRC) Authority Board
(6:30 pre-meeting) 7:30pm Building
Code Advisory Board
15 16 17 18 19 20 21
MLKJR. DAY 6:00 pm Renewal 7:00pm Parks & Rec 7:00pm Planning
Council Study Session Wheat Ridge Commission (WRRC) Commission
(Canceled)
22 23 24 25 26 27 28
7:00pm City Council 9:00am Liquor
Meeting Authority Board
(6:30 pre-meeting) 7:00pm Board of
Adjustment
29 30 31
February 2012
Official Wheat Ridge City Council Calendar
Sun Mon Tue Wed Thu Fri Sat
I 2 3 4
7:00pm Planning
Commission
5 6 7 8 9 10 II
6:30 pm Council 6:00pm Renewal 6:00 pm Cultural 9:00 am Liquor
Study Session Wheat Ridge Commission (WRRC) Authority Board
7:30 pm Building
Code Advisory Board
12 13 14 15 16 17 18
7:00pm City Council 7:00pm Parks & Rec 7:00pm Planning
Meeting Commission (WRRC) Commission
(6:30 pre-meeting)
19 20 21 22 23 24 25
PRESIDENT'S DAY 6:00 pm Renewal 9:00 am Liquor
Council Study Session Wheat Ridge Authority Board
(Canceled) 7:00pm Board of
Adjustment
26 27 28 29
7:00pm City Council
Meeting
(6:30 pre-meeting)
-
March 2012
Official Wheat Ridge City Council Calendar
Sun Mon Tue Wed Thu Fri Sat
I 2 3
7:00pm Planning
Commission
4 5 6 7 8 9 10
6:30 pm Council 6:00 pm Renewal 9:00 am Liquor
Study Session Wheat Ridge Authority Board
II 12 13 14 15 16 17
7:00pm City Council 6:00pm Cultural 7:00pm Planning
Meeting Commission (WRRC) Commission
(6:30 pre-meeting) 7:30pm Building
Code Advisory Board
18 19 20 21 22 23 24
6:30 pm Council 6:00 pm Renewal 7:00pm Parks & Rec 9:00am Liquor
Study Session Wheat Ridge Commission (WRRC) Authority Board
7:00pm Board of
Adjustment
25 26 27 28 29 30 31
7:00pm City Council
Meeting
(6:30 pre-meeting)
---
April2012
Official Wheat Ridge City Council Calendar
Sun Mon Tue Wed Thu Fri Sat
I 2 3 4 5 6 7
6:30 pm Council 6:00 pm Renewal 7:00pm Planning
Study Session Wheat Ridge Commission
8 9 10 II 12 13 14
7:00pm City Council 6:00 pm Cultural 9:00 am Liquor
Meeting Commission (WRRC) Authority Board
(6:30 pre-meeting) 7:30 pm Building
Code Advisory Board
15 16 17 18 19 20 21
6:30 pm Council 6:00 pm Renewal 7:00pm Parks & Rec 7:00pm Planning
Study Session Wheat Ridge Commission (WRRC) Commission
22 23 24 25 26 27 28
7:00pm City Council 9:00 am Liquor
Meeting Authority Board I
(6:30 pre-meeting) 7:00pm Board of
Adjustment
29 30 :
--
May 2012
Official Wheat Ridge City Council Calendar
Sun Mon Tue Wed Thu Fri Sat
I 2 3 4 5
6:00pm Renewal 7:00pm Planning
Wheat Ridge Commission
6 7 8 9 10 II 12
6:30 pm Council 6:00 pm Cultural 9:00 am Liquor
Study Session Commission (WRRC) Authority Board
7:30 pm Building
Code Advisory Board
13 14 15 16 17 18 19
7:00pm City Council 6:00 pm Renewal 7:00pm Parks & Rec 7:00pm Planning
Meeting Wheat Ridge Commission (WRRC) Commission
(6:30 pre-meeting)
20 21 22 23 24 25 26
6:30 pm Council 9:00 am Liquor
Study Session Authority Board
7:00pm Board of
Adjustment
27 28 29 30 31
MEMORIAL DAY
City Council Meeting
(Canceled)
-
June 2012
Official Wheat Ridge City Council Calendar
Sun Mon Tue Wed Thu Fri Sat
I 2
3 4 5 6 7 8 9
6:30 pm Council 6:00pm Renewal 9:00 am Liquor
Study Session Wheat Ridge Authority Board
10 II 12 13 14 15 16
7:00pm City Council 6:00 pm Cultural 9:00 am Liquor
Meeting Commission (WRRC) Authority (Chambers)
(6:30 pre-meeting) 7:30pm Building
Code Advisory Board
17 18 19 20 21 22 23
6:30 pm Council 6:00pm Renewal 7:00pm Parks & Rec 7:00pm Planning
Study Session Wheat Ridge Commission (WRRC) Commission
24 25 26 27 28 29 30
7:00pm City Council 9:00 am Liquor
Meeting Authority Board
(6:30 pre-meeting) 7:00pm Board of
Adjustment
July 2012
Official Wheat Ridge City Council Calendar
Sun Mon Tue Wed Thu Fri Sat
I 2 3 4 5 6 7
6:30 pm Council 6:00 pm Renewal INDEPENDENCE 7:00pm Planning
Study Session Wheat Ridge DAY Commission
I
8 9 10 II 12 13 14
7:00pm City Council 6:00 pm Cultural 9:00 am Liquor
Meeting Commission (WRRC) Authority Board
(6:30 pre-meeting) 7:30 pm Building I
Code Advisory Board
15 16 17 18 19 20 21
6:30 pm Council 6:00 pm Renewal 7:00pm Parks & Rec 7:00pm Planning
Study Session Wheat Ridge Commission (WRRC) Commission
22 23 24 25 26 27 28
7:00pm City Council 9:00 am Liquor
Meeting Authority Board
(6:30 pre-meeting) 7:00pm Board of
Adjustment
29 30 31
-
August 2012
Official Wheat Ridge City Council Calendar
Sun Mon Tue Wed Thu Fri Sat
I 2 3 4
7:00pm Planning
Commission
5 6 7 8 9 10 II
6:30 pm Council 6:00pm Renewal 6:00 pm Cultural 9:00 am Liquor
Study Session Wheat Ridge Commission (WRRC) Authority Board
7:30pm Building
Code Advisory Board
12 13 14 15 16 17 18
7:00pm City Council 7:00pm Parks & Rec 7:00 pm Planning
Meeting Commission (WRRC) Commission
(6:30 pre-meeting)
19 20 21 22 23 24 25
6:30 pm Council 6:00 pm Renewal 9:00 am Liquor
Study Session Wheat Ridge Authority Board
7:00pm Board of
Adjustment
26 27 28 29 30 31
7:00 pm City Council
Meeting
(6:30 pre-meeting)
September 2012
Official Wheat Ridge City Council Calendar
Sun Mon Tue Wed Thu Fri Sat
I
2 3 4 5 6 7 8
LABOR DAY 6:00 pm Renewal 7:00 pm Planning
Council Study Session Wheat Ridge Commission
(Canceled)
9 10 11 12 13 14 15
7:00pm City Council 6:00 pm Cultural 9:00am Liquor
Meeting Commission (WRRC) Authority Board
(6:30 pre-meeting) 7:30pm Building
Code Advisory Board
16 17 18 19 20 21 22
6:30 pm Council 6:00 pm Renewal 7:00pm Parks & Rec 7:00 pm Planning
Study Session Wheat Ridge Commission (WRRC) Commission
23 24 25 26 27 28 29
7:00 pm City Council 9:00 am Liquor
Meeting Authority Board
(6:30 pre-meeting) 7:00pm Board of
30
October 2012
Official Wheat Ridge City Council Calendar
Sun Mon Tue Wed Thu Fri Sat
I I 2 3 4 5 6 I I
6:30 pm Council 6:00 pm Renewal 7:00pm Planning
Study Session Wheat Ridge Commission
I
7 8 9 10 II 12 13 I
7:00pm City Council 6:00 pm Cultural 9:00 am Liquor
Meeting Commission (WRRC) Authority Board
(6:30 pre-meeting) 7:30pm Building
Code Advisory Board
14 15 16 17 18 19 20
6:30 pm Council 6:00 pm Renewal 7:00pm Parks & Rec 7:00pm Planning
Study Session Wheat Ridge Commission (WRRC) Commission
21 22 23 24 25 26 27
7:00pm City Council 9:00 am Liquor
Meeting Authority Board
(6:30 pre-meeting) 7:00pm Board of
Adjustment
28 29 30 31
--------------
November 2012
Official Wheat Ridge City Council Calendar
Sun Mon Tue Wed Thu Fri Sat
I 2 3
7:00pm Planning
Commission
4 5 6 7 8 9 10
6:30 pm Council ELECTION DAY 9:00 am Liquor
Study Session 6:00pm Renewal Authority Board
Wheat Ridge
II 12 13 14 15 16 17
VETERAN'S DAY CITY HALL 6:00 pm Cultural 7:00pm Planning
CLOSED (Veterans Commission (WRRC) Commission
Day) City Council 7:30 pm Building
Meeting (Canceled) Code Advisory Board
18 19 20 21 22 23 24
6:30 pm Council 6:00pm Renewal 7:00pm Parks & Rec THANKSGIVING CITY HALL
Study Session Wheat Ridge Commission (WRRC) CLOSED
(Thanksgiving)
25 26 27 28 29 30
7:00pm City Council
Meeting
(6:30 pre-meeting)
December 20 12
Official Wheat Ridge City Council Calendar
Sun Mon Tue Wed Thu Fri Sat
I
2 3 4 5 6 7 8
6:30 pm Council 6:00pm Renewal 7:00pm Planning
Study Session Wheat Ridge Commission
9 10 II 12 13 14 15
7:00pm City Council 6:00 pm Cultural 9:00 am Liquor
Meeting Commission (WRRC) Authority Board
(6:30 pre-meeting) 7:30 pm Building
Code Advisory Board
16 17 18 19 20 21 22
6:30 pm Council 6:00 pm Renewal 7:00pm Parks & Rec 7:00 pm Planning
Study Session Wheat Ridge Commission (WRRC) Commission
23 24 25 26 27 28 29
City Council Meeting CHRISTMAS 9:00 am Liquor
(Canceled) Authority Board
7:00pm Board of
Adjustment
30 31
Council Action Form
December 12, 2011
Page2
The Election Commission has a broad charge as follows: "In any case where election procedure
is in doubt, the election commission shall prescribe the procedure to be followed." (Charter sec.
2.4 (b). In this case, there is doubt concerning the procedure for determining a winner when a
candidate is not elected by a majority vote and the subsequent procedure for holding a runoff
election. This is an appropriate situation for which the Election Commission should establish
procedures. This is the charge under which the Election Commission would proceed in
determining the process for a runoff election in the event a City Clerk is not elected by a majority
vote. For future reference, the Election Commission also has other duties which are more
explicitly defined:
• Provide procedures to establish proof of residency qualification where residency is in
question. Charter sec. 2.4 (c).
• Provide for ballots, sample ballots and any voting methods as approved by state statutes.
Charter sec. 2.4 (d).
• Determination of winner by lot in the event of a tie vote. Charter sec. 2.4 (d).
• Canvass of returns. Charter sec. 2.4 (d).
• Issuance of appropriate certificates. Charter sec. 2.4 (d).
RECOMMENDATIONS:
Appoint Peter Marks and Lloyd Le'vy to the Election Commission
RECOMMENDED MOTION:
"I move to appoint Peter Marks as a member of the Election Commission, term ending
December, 2013"
I move to appoint Lloyd Levy as a member of the Election Commission, term ending
December, 2013"
Or:
"I move to -----------------------------------
REPORT PREPARED BY;
Michael Snow, City Clerk
ATTACHMENTS:
I. Applications
"
I t ~ .... ~ City of JP' Wlieat Rt_dge
Board and Commission Application
APPLICATION FOR APPOINTMENT TO THE:
Elections Commission
(Board/Commission/Committee)
DATE: 10/18/11 DISTRICT: 1 --------
HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: 6 yrs
ARE YOU A REGISTERED VO.TER? Yes -----
WHY ARE YO SEEKING THIS APPOINTME T? ______ _
I understand the commission needs a member. I'm willing to help out.
DO YOU HAVE EXPERIENCE IN THIS AREA? _______ _
No
HAVE YOU .EVER SERVED, OR ARE YOU CURRENTLY ON A
BOARD/COMMISSION/COMMITTEE AND lF 0, WIDCH ONE? HOW
LONG?
No
ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH
REGULAR A TIENDENCE OR DUTIES? As discussed with Mr Snow
L I d E L OIQildy ligMd by ~.lord E Levy
, · ON cr~•l.Jc¥1 E. levy SIGNATURE oy . . evy Oate·Z011.1018124809-06'00'
PRfNT AME Lloyd Levy
ADDREss 3275 Upham St
HOME PHONE 303-458-5363
ausiNEss PHONE Same ·-------------------------------
E-MAIL ADDRESS floydfevy@aOI.COm
APPLJCATION WILL BE KEPT ON FILE FOR ONE YEAR
City Clerk' Office, 7500 W. 29'' Ave., Wheat Ridge CO 80033
Att chm nt 1
' I -·" .. City of ~WheatRi_dge
Board and Commission Application
APPLICATION FOR. APPOINTMENT TO THE:
Election Commission
(Boa rd/Commissioo/Comm ittee)
»ATE: 17 Oct 2011 DisTRicT: 2 (Council)
HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE:. g . yr
ARE YOU A REGISTERED VOTER?_Y __ e_s_· __
WHY ARE YOU SEEKING THlS APPOINTMENT'! ______ _
In the 2010 election I got involved in a local issue group which, in tum, Interested me
in how such elections might be improved.
DO YOU HAVE EXPERIENCE IN THIS AREA? _______ _
Only the above.
HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A
BOARD/COMMISSIO /COMMIITEE AND IF SO, WHICH ONE? HOW
LONG?
No
ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH
REGULARATTENDENCEORDUTIES?~N~on~e ___________ __
~GNATURE. ____________________ __
PRINT NAME Peter Marks
ADDREss 4710 Reed Street, Wheat Ridge, CO 80033
HOME PHONE (303) 818-1443
BUSINESS PHONE macramedia (Skype)
&.MAIL ADDREss peter@macramedia.net
APPLICA TJON WILL BE KEPT ON FILE FORONE YEAR
City Clerk's Office, 7500 W. 29'6 Ave., Wheat Ridge CO 80033
Council Action Form
December 12, 2011
Page2
lease. Staff found it was in the best interest of the City to negotiate a new lease with Verizon and
is recommending the attached agreement for consideration.
The proposed Yerizon lease is structured similar to the recent T-Mobile and AT&T tower leases.
Lease payments are comparable to the T -Mobile and AT&T leases. The construction of parking
spaces is similar to a requirement in the T-Mobile lease.
RECOMMENDATIONS:
Staff recommends the proposed Yerizon tower lease agreement be approved by the City Council.
RECOMMENDED MOTION:
"I move to approve the Communication Tower Lease Agreement with Yerizon Wireless, LLC."
Or,
"I move to postpone indefinitely the Communication Tower Lease Agreement with Yerizon
Wireless, LLC for the following reason(s)
"
REPORT PREPARED/REVIEWED BY:
Tim Paranto, Director of Public Works
ATTACHMENTS:
I. Tower Lease Agreement
2. Memorandum to Tower Lease Agreement
DEN Police Dog Alt. I
TOWERLEASEAGREEMrnNT
This Tower Lease Agreement ("Agreement") made this day of
---------' 20 between The City of Wheat Ridge, Colorado, with its
principal offices located at 7500 W. 29th Ave., Wheat Ridge, Colorado 80033, hereinafter
designated LESSOR, and Verizon Wireless (VA W) LLC d/b/a Verizon Wireless, with its principal
offices located at One Verizon Way, Mail Stop 4AWIOO, Basking Ridge, New Jersey 07920
(telephone number 866-862-4404), hereinafter designated LESSEE. The LESSOR and LESSEE
are at times collectively referred to hereinafter as the "Parties" or individually as a "Party".
WITNESSETH
In consideration of the mutual covenants contained herein and intending to be legally bound
hereby, the Parties hereto agree as follows:
1. PREMISES. LESSOR hereby leases to the LESSEE a portion of that certain space
(''the Tower Space") on the LESSOR's tower, hereinafter referred to as the "Tower", located at
7500 W. 29th, Wheat Ridge, Jefferson County, Colorado, (the entirety of LESSOR's property
subject to this Agreement is referred to hereinafter as the "Property'' and is more particularly
described in the attached Exhibit A), together with a parcel of land (the "Land Space") sufficient for
the installation of LESSEE's equipment building; together with the non-exclusive right (''the Right
of Way") for ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot or
motor vehicle, including trucks, and for the installation and maintenance of utility wires, cables,
conduits, and pipes over, under, or aJong a right-of-way extending from the nearest public
right-of-way to the Land Space; and together with any further rights of way (the "Further Rights of
Way") over and through the Property between the Land Space and the Tower Space for the
installation and maintenance of utility wires, cables, conduits, and pipes. The Tower Space, Land
Space, Right of Way and Further Rights of Way, if any, are substantially described in the attached
Exhibit Band are collectively referred to hereinafter as the "Premises".
In the event any public utility is unable to use the Right of Way or Further Rights of Way,
the LESSOR hereby agrees to grant an additional right-of-way(s) either to the LESSEE or to the
public utility at no cost to the LESSEE.
LESSOR hereby grants permission to LESSEE to install, maintain and operate the radio
commUnications equipment, antennas and appurtenances described in the attached Exhibit C.
LESSEE reserves the right to replace the aforementioned equipment with similar and
comparable equipment provided said replacement does not increase tower loading of said Tower.
2. SURVEY. INTENTJONALL Y OMITTED.
Site Name: DEN Police Dog Alt. I
096001 .183ffower Lease Agreement
BUS_RE\4 112168.2
Attachment 1
DEN Police Dog Alt. I
3. TERM: RENTAL.
This Agreement shall be effective as of the date of execution by both Parties, provided,
however, the initial term shaJl be for fifteen (15) years and shall commence on the
Commencement Date (as hereinafter defined) at which time initial rental payments shall
commence and be due at a total annual rental of Twenty-four Thousand and 00/100 Dollars
($24,000.00) to be paid in equal monthly installments on the first day of the month, in advance,
to LESSOR or to such other person, firm or place as LESSOR may, from time to time, designate
in writing at least thirty (30) days in advance of any rental payment date by notice given in
accordance with Paragraph 25 below. Upon agreement of the Parties, LESSEE may pay rent by
electronic funds transfer and in such event, LESSOR agrees to provide to LESSEE bank routing
information for such purpose upon request of LESSEE. The Agreement shall commence on
January I, 2012 ("Commencement Date"). LESSOR and LESSEE acknowledge and agree that
initial rental payment(s) shall not actually be sent by LESSEE until sixty (60) days after the
Commencement Date. By way of illustration of the preceding sentence, if the Commencement
Date is January 1, LESSEE shall send to LESSOR the rental payments for January I and
February I by March 1. Thereafter, the rental payment for April shall be due April 1.
LESSOR hereby agrees to provide to LESSEE, upon request, certain documentation (the
"Rental Documentation"), which may be required in order for LESSEE to comply with legal,
administrative, or accounting requirements, evidencing LESSOR's interest in, and right to
receive payments under, this Agreement, including without limitation: (i) documentation,
acceptable to LESSEE in LESSEE's reasonable discretion, evidencing LESSOR's good and
sufficient title to and/or interest in the Property and right to receive rental payments and other
benefits hereunder; (ii) in the event LESSOR contracts with a third party to manage the Tower
and the leases in connection therewith, LESSEE may request a complete and fully executed
Internal Revenue Service Form W-9, or equivalent, in a form acceptable to LESSEE, for any
party to whom rental payments are to be made pursuant to this Agreement; and (iii) other
documentation requested by LESSEE in LESSEE's reasonable discretion, which may be required
in order for LESSEE to comply with legal, administrative, or accounting requirements. From
time to time during the Term of this Agreement and within thirty (30) days of a written request
from LESSEE, LESSOR agrees to provide updated Rental Documentation in a form reasonably
acceptable to LESSEE. The Rental Documentation shall be provided to LESSEE in accordance
with the provisions of and at the address given in Paragraph 25.
Within fifteen (15) days of obtaining an interest in the Property or this Agreement, any
assignee(s) or transferee(s) of LESSOR shall provide to LESSEE Rental Documentation in the
manner set forth in the preceding paragraph. From time to time during the Term of this
Agreement and within thirty (30) days of a written request from LESSEE, any assignee(s) or
transferee(s) of LESSOR agrees to provide updated Rental Documentation in a form reasonably
acceptable to LESSEE. Delivery of Rental Documentation to LESSEE by any assignee(s) or
Site Name: DEN Police Dog All. I
09600 1.183ffower Lease Agreement
BUS_RE/4112168.1
2
DEN Police Dog Alt. I
transferee(s) of LESSOR shall be a prerequisite for the payment of any rent by LESSEE to such
party and notwithstanding anything to the contrary herein, LESSEE shall have no obligation to
make any rental payments to any assignee(s) or transferee(s) of LESSOR until Rental
Documentation has been supplied to LESSEE as provided herein.
Notwithstanding anything to the contrary contained herein, provided LESSEE is not in
default hereunder beyond applicable notice and cure periods, LESSEE shall have the right to
terminate this Agreement upon the annual anniversary of the Commencement Date provided that
three (3) months prior notice is given to LESSOR.
4. INTENTIONALLY OMITIED.
5. RENTAL INCREASE. The rent for each year during the Term of the Agreement
shall be one hundred four percent (104%) of the annual rent during the immediately preceding
year (example: if rent for the first year of the Agreement is $100.00, then the rent during the next
year shall be $104.00).
6. ADDITIONAL EXTENSIONS. Intentionally Omitted.
7. TAXES. LESSEE shall have the responsibility to pay any personal property, real
estate taxes, assessments, or charges owed on the Property which LESSOR demonstrates is the
result of LESSEE's use of the Premises and/or the installation, maintenance, and operation of the
LESSEE's improvements, and any sales tax imposed on the rent (except to the extent that
LESSEE is or may become exempt from the payment of sales tax in the jurisdiction in which the
Property is located), including any increase in real estate taxes at the Property which LESSOR
demonstrates arises from the LESSEE's improvements and/or LESSEE's use of the Premises.
LESSOR and LESSEE shall each be responsible for the payment of any taxes, levies,
assessments and other charges imposed including franchise and similar taxes imposed upon the
business conducted by LESSOR or LESSEE, respectively, at the Property. Notwithstanding the
foregoing, LESSEE shall not have the obligation to pay any tax, assessment, or charge that
LESSEE is disputing in good faith in appropriate proceedings prior to a final determination that
such tax is properly assessed provided that no lien attaches to the Property. Nothing in this
Paragraph shall be construed as making LESSEE liable for any portion of LESSOR's income
taxes in connection with any Property or otherwise. Except as set forth in this Paragraph, LESSOR
shall have the responsibility to pay any personal property, real estate taxes, assessments, or
charges owed on the Property and shall do so prior to the imposition of any lien on the Property.
LESSEE shall have the right, at its sole option and at its sole cost and expense, to appeal,
challenge or seek modification of any tax assessment or billing for which LESSEE is wholly or
partly responsible for payment. LESSOR shall reasonably cooperate with LESSEE at LESSEE's
expense in filing, prosecuting and perfecting any appeal or challenge to taxes as set forth in the
preceding sentence, including but not limited to, executing any consent, appeal or other similar
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document. In the event that as a result of any appeal or challenge by LESSEE, there is a
reduction, credit or repayment received by the LESSOR for any taxes previously paid by
LESSEE, LESSOR agrees to promptly reimburse to LESSEE the amount of said reduction, credit
or repayment. In the event that LESSEE does not have the standing rights to pursue a good faith
and reasonable dispute of any taxes under this paragraph, LESSOR will pursue such dispute at
LESSEE's sole cost and expense upon written request of LESSEE.
8. USE: GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for
the purpose of constructing, maintaining, repai.ring and operating a communications facility and
uses incidental thereto. All improvements, equipment, antennas and conduits shall be at
LESSEE's expense and their installation shall be at the discretion and option of LESSEE.
LESSEE shall have the right to replace, repair, or otherwise modify its utilities, equipment,
antennas and/or conduits or any portion thereof and the frequencies over which the equipment
operates, whether the equipment, antennas, conduits or frequencies are specified or not on any
exhibit attached hereto, during the Term. It is understood and agreed that LESSEE's ability to
use the Premises is contingent upon its obtaining, after the execution date of this Agreement all
of the certificates, permits and other approvals (collectively the "Governmental Approvals") that
may be required by any Federal, State or Local authorities as well as satisfactory soil boring tests
and structural analysis which will permit LESSEE use of the Premises as set forth above.
LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no
action which would adversely affect the status of the Property with respect to the proposed use
thereofby LESSEE. In the event that any of such applications for such Governmental Approvals
should be finally rejected, LESSEE shall have the right to terminate this Agreement. Notice of
LESSEE's exercise of its right to terminate shall be given to LESSOR in writing by certified
mail, return receipt requested, and shall be effective upon the mailing of such notice by LESSEE,
or upon such later date as designated by LESSEE. All rentals paid to said termination date shaH
be retained by LESSOR. Upon such termination, this Agreement shall be of no further force or
effect except to the extent of the representations, warranties and indemnities made by each Party
to the other hereunder. Otherwise, the LESSEE shall have no further obligations for the payment
of rent to LESSOR.
9. INSURANCE, SUBROGATION. AND INDEMNIFICATION.
a. LESSEE shall procure and maintain the minimum insurance coverages listed
below. Such coverages shall be procured and maintained with insurance carriers duly authorized
to do business in the State of Colorado and rated no Jess than A-by A.M. Best Company. All
liability insurance policies shall be occurrence-based policies, and the necessary retroactive dates
and extended reporting periods shall be procured to maintain such continuous coverage.
(1) Worker's Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work for LESSEE.
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(2) Commercial General Liability insurance with minimum combined
single limits of One Million Dollars ($1 ,000,000) each occurrence and Two Million Dollars
($2,000,000) aggregate. The policy shall be applicable to all LESSEE's premises and operations.
The policy shall include coverage for bodily injury, third party property damage and (including
completed operations), personal injury (including coverage for contractual and employee acts),
blanket contractual, independent contractors, products and completed operations. The policy
shall include coverage for explosion, collapse and underground hazards. The policy shall contain
a severability of interests provision.
b. The policy required by Paragraph (A)(2) above, shall be endorsed to
include LESSOR and LESSOR's officers and employees as additional insureds. Every policy
required above shall be primary insurance with respect to LESSEE's operations and any
insurance carried by LESSOR, its officers or its employees, or carried by or provided through any
insurance pool of LESSOR, shall be excess and not contributory insurance to that provided by
LESSEE in this respect. No additional insured endorsement to any policy shall contain any
exclusion for bodily injury or property damage arising from completed operations. The LESSEE
shall be solely responsible for any deductible losses under any policy required above.
c. A certificate of insurance shall be completed by the LESSEE's insurance
broker as evidence that policies providing the required coverages and minimum limits are in full
force and effect, and shall be reviewed and approved by LESSOR prior to commencement of the
Lease. The certificate shall identify this Agreement and shall provide that the coverages afforded
under the policies shall not be canceled or terminated until at least 30 days prior written notice
has been given to LESSOR (1 0 days notice shall apply to non-payment). The completed
certificate of insurance shall be sent to LESSOR.
d. Failure on the part of LESSEE to procure or maintain policies providing
the required coverages and minimum limits shall constitute a material breach of contract upon
which LESSOR may claim a default by LESSEE. If LESSEE does not cure the default within
the applicable cure period set forth in paragraph 29 of this Agreement, LESSOR may procure or
renew any such policy or any extended reporting period thereto and may pay any and all
premiums in connection therewith and all monies so paid by LESSOR shall be repaid by
LESSEE to LESSOR upon demand or LESSOR may offset the cost of the premiums against any
monies due to LESSEE from LESSOR. LESSEE shall fully indemnify the LESSOR for all
actions of LESSEE's subcontractors or sub-lessees, except to the extent any claims or damages
are a result of LESSOR's negligence or willful misconduct.
e. The parties hereto understand and agree that LESSOR is relying on and
does not waive or intend to waive by any provisions of this contract, the monetary limitations
(presently, $150,000 per person and $600,000 per occurrence) or any other rights, immunities
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and protections provided by the Colorado Governmental Immunity Act (C.R.S. § 24-10-101 et
seq.), as from time to time amended, or otherwise available to LESSOR, its officers or employees
I 0. INTENTIONALLY OMIITED.
11. LIMITATION OF LIABILITY. Except for indemnification pursuant to
paragraphs 9 and 31, neither Party shall be liable to the other, or any of their respective agents,
representatives, employees for any lost revenue, lost profits, loss of technology, rights or
services, incidental, punitive, indirect, special or consequential damages, loss of data, or
interruption or loss of use of service, even if advised of the possibility of such damages, whether
under theory of contract, tort (including negligence), strict liability or otherwise.
12. INTENTIONALLY OMIITED.
13. ACCESS TO TOWER. LESSOR agrees the LESSEE shall have free access to
the Tower at all times for the purpose of installing and maintaining the said equipment.
LESSOR shall furnish LESSEE with necessary means of access for the purpose of ingress and
egress to this site and Tower location. It is agreed, however, that only authorized engineers,
employees or properly authorized contractors of LESSEE or persons under their direct
supervision will be permitted to enter said premises.
14. TOWER COMPLIANCE. LESSOR covenants that it will keep the Tower in
good repair as required by all Laws (as defined in Paragraph 35 below). The LESSOR shall also
comply with all rules and regulations enforced by the Federal Communications Commission with
regard to the lighting, marking and painting of towers. If the LESSOR fails to make such repairs
including maintenance the LESSEE may make the repairs and the costs thereof shall be payable
to the LESSEE by the LESSOR on demand together with interest thereon from the date of
payment at the greater of (i) five percent (5%) per annum, or (ii) the highest rate permitted by
applicable Laws. If the LESSOR does not make payment to the LESSEE within ten (I 0) days
after such demand, the LESSEE shall have the right to deduct the costs of the repairs from the
succeeding monthly rental amounts normally due from the LESSEE to the LESSOR.
No materials may be used in the installation of the antennas or transmission lines that will
cause corrosion or rust or deterioration of the Tower structure or its appurtenances.
All antenna(s) on the Tower must be identified by a marking fastened securely to its bracket
on the Tower and all transmission lines are to be tagged at the conduit opening where it enters any
user's equipment space.
From time to time, LESSEE may request copies of all structural analysis reports that have
been completed with respect to the Tower and throughout the Term. Upon such request, LESSEE
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shall pay any fee required pursuant to such open records request and LESSOR shall provide the
requested records in its possession.
15. INTERFERENCE. LESSEE agrees to install equipment of the type and frequency
which will not cause harmful interference, which is measurable in accordance with then existing
industry standards, to any equipment of LESSOR or other lessees of the Property which existed
on the Property prior to the date this Agreement is executed by the Parties. As of the date of this
Agreement, LESSOR has leases or is in final lease negotiations with AT&T Wireless, Sprint
Spectrum, T-Mobile, and LightSquared. In the event any after-installed LESSEE's equipment
causes such interference, and after LESSOR has notified LESSEE in writing of such interference,
LESSEE will take all commercially reasonable steps necessary to correct and eliminate the
interference, including but not limited to, at LESSEE's option, powering down such equipment
and later powering up such equipment for intermittent testing. In no event will LESSOR be
entitled to terminate this Agreement or relocate the equipment as long as LESSEE is making a
good faith effort to remedy the interference issue. LESSOR agrees that LESSOR and/or any
other lessees of the Property who currently have or in the future take possession of the Property
will be permitted to install only such equipment that is of the type and frequency which will not
cause harmful interference which is measurable in accordance with then existing industry
standards to the then existing equipment of LESSEE. The Parties acknowledge that there will
not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and
therefore, either Party shaH have the right to equitable remedies, such as, without limitation,
injunctive relief and specific performance.
16. REMOVAL AT END OF TERM. LESSEE shall, upon expiration ofthe Term, or
within ninety (90) days after any earlier termination of the Agreement, remove its building(s},
antenna(s}, equipment, conduits, fixtures and all personal property and restore the Premises to its
original condition, reasonable wear and tear and casualty damage excepted. LESSOR agrees and
acknowledges that all of the equipment, conduits, fixtures and personal property of LESSEE
shall remain the personal property of LESSEE and LESSEE shall have the right to remove the
same at any time during the Term, whether or not said items are considered fixtures and
attachments to real property under applicable Laws. If such time for removal causes LESSEE to
remain on the Premises after termination of this Agreement, LESSEE shall pay rent at the then
existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment
term, until such time as the removal of the building, antenna structure, fixtures and all personal
property are completed.
17. HOLDOVER. LESSEE has no right to retain possession of the Premises or any
part thereof beyond the expiration of that removal period set forth in Paragraph 16 herein, unless
the Parties are negotiating a new lease or lease extension in good faith. In the event that the
Parties are not in the process of negotiating a new lease or lease extension in good faith, if
LESSEE holds over in violation of Paragraph 16 and this Paragraph 17, then the rent then in
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effect payable from and after the time of the expiration or earlier removal period set forth in
Paragraph 16 shall equal to the rent applicable during the month immediately preceding such
expiration or earlier termination.
18. RIGHT OF FIRST REFUSAL. If LESSOR elects, during the Term, to grant to a
third party by easement or other legal instrument an interest in and to that portion of the Tower
and or Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating
and maintaining communications facilities or the management thereof, with or without an
assignment of·this Agreement to such third party, LESSEE shall have the right of first refusal to
meet any bona fide offer of transfer on the same terms and conditions of such offer. If LESSEE
fails to meet such bona fide offer within thirty (30) days after written notice thereof from
LESSOR, LESSOR may grant the easement or interest in the Property or portion thereof to such
third person in accordance with the terms and conditions of such third party offer.
19. RIGHTS UPON SALE. Intentionally Omitted.
20. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and
performing the covenants herein, shall peaceably and quietly have, hold and enjoy the Premises.
21. TITLE. LESSOR represents and warrants to LESSEE as of the execution date of
this Agreement, and covenants during the Term that LESSOR is seized of good and sufficient
title and interest to the Property and has full authority to enter into and execute this Agreement.
LESSOR further covenants during the Term that there are no liens, judgments or impediments of
title on the Property, or affecting LESSOR's title to the same and that there are no covenants,
easements or restrictions which prevent or adversely affect the use or occupancy of the Premises
by LESSEE as set forth above.
22. INTEGRATION. It is agreed and understood that this Agreement contains all
agreements, promises and understandings between LESSOR and LESSEE and that no verbal or
oral agreements, promises or understandings shall be binding upon either LESSOR or LESSEE
in any dispute, controversy or proceeding at law, and any addition, variation or modification to
this Agreement shall be void and ineffective unless made in writing signed by the Parties. In the
event any provision of the Agreement is found to be invalid or unenforceable, such finding shall
not affect the validity and enforceability of the remaining provisions of this Agreement. The
failure of either Party to insist upon strict performance of any of the terms or conditions of this
Agreement or to exercise any of its rights under the Agreement shall not waive such rights and
such Party shall have the right to enforce such rights at any time and take such action as may be
lawful and authorized under this Agreement, in law or in equity.
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23. GOVERNING LAW. This Agreement and the performance thereof shaJI be
governed, interpreted, construed and regulated by the Laws of the State in which the Property is
located. Venue shall be proper and exclusive in Jefferson County, Colorado.
24. ASSIGNMENT. This Agreement may be sold, assigned or transferred by the
LESSEE without any approval or consent of the LESSOR to the LESSEE's principal, affiliates,
subsidiaries of its principal or to any entity which acquires all or substantially all of LESSEE's
assets in the market defined by the Federal Communications Commission in which the Property
is located by reason of a merger, acquisition or other business reorganization. As to other parties,
this Agreement may not be sold, assigned or transferred without the written consent of the
LESSOR, which such consent will not be unreasonably withheld, delayed or conditioned. No
change of stock ownership, partnership interest or control of LESSEE or transfer upon
partnership or corporate dissolution of LESSEE shall constitute an assignment hereunder.
25. NOTICES. All notices hereunder must be in writing and shall be deemed validly
given if sent by certified mail, return receipt requested or by commercial courier, provided the
courier's regular business is delivery service and provided further that it guarantees delivery to
the addressee by the end of the next business day following the courier's receipt from the sender,
addressed as follows (or any other address that the Party to be notified may have designated to
the sender by like notice):
LESSOR: The City of Wheat Ridge
Attn: Tim Paranto
7500 W. 291h Ave.
Wheat Ridge, Colorado 80033
With a copy to:
LESSEE:
City Attorney, City of Wheat Ridge
7500 W. 29th Ave.
Wheat Ridge, Colorado 80033
Verizon Wireless (VA W) LLC
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained
pursuant to the foregoing, except as may otherwise be provided herein.
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26. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal
representative, successors and assigns of the Parties hereto.
27. SUBORDINATION AND NON-DISTURBANCE. Intentionally Omitted.
28. RECORDING. LESSOR agrees to execute a Memorandum of this Agreement
which LESSEE may record with the appropriate recording officer. The date set forth in the
Memorandum of Lease is for recording purposes only and bears no reference to commencement
of either the Term or rent payments.
29. DEFAULT.
a. In the event there is a breach by LESSEE with respect to any of the
provisions of this Agreement or its obligations under it, including the payment of rent, LESSOR
shall give LESSEE written notice of such breach. After receipt of such written notice, LESSEE
shall have fifteen (15) days in which to cure any monetary breach and thirty (30) days in which to
cure any non-monetary breach, provided LESSEE shall have such extended period as may be
required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires
more than thirty (30) days and LESSEE commences the cure within the thirty (30) day period and
thereafter continuously and diligently pursues the cure to completion. LESSOR may not
maintain any action or effect any remedies for default against LESSEE unless and until LESSEE
has failed to cure the breach within the time periods provided in this Paragraph.
b. In the event there is a breach by LESSOR with respect to any of the
provisions of this Agreement or its obligations under it, LESSEE shall give LESSOR written
notice of such breach. After receipt of such written notice, LESSOR shall have thirty (30) days
in which to cure any such breach, provided LESSOR shall have such extended period as may be
required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires
more than thirty (30) days and LESSOR commences the cure within the thirty (30) day period
and thereafter continuously and diligently pursues the cure to completion. LESSEE may not
maintain any action or effect any remedies for default against LESSOR unless and until LESSOR
has failed to cure the breach within the time periods provided in this Paragraph. Notwithstanding
the foregoing to the contrary, it shall be a default under this Agreement if LESSOR fails, within
fifteen (15) days after receipt of written notice of such breach, to perform an obligation required
to be performed by LESSOR if the failure to perform such an obligation interferes with
LESSEE's ability to conduct its business on the Property; provided, however, that if the nature of
LESSOR's obligation is such that more than fifteen (15) days after such notice is reasonably
required for its performance, then it shall not be a default under this Agreement if performance is
commenced within such fifteen (15) day period and thereafter diligently pursued to completion.
30. REMEDIES. Upon a default, the non-defaulting Party may at its option (but
without obligation to do so), perform the defaulting Party's duty or obligation on the defaulting
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Party's behalf, including but not limited to the obtaining of reasonably required insurance
policies. The costs and expenses of any such performance by the non-defaulting Party shall be
due and payable by the defaulting Party upon invoice therefor. In the event of a default by either
Party with respect to a material provision of this Agreement, without limiting the non-defaulting
Party in the exercise of any right or remedy which the non-defaulting Party may have by reason
of such default, the non-defaulting Party may terminate the Agreement and/or pursue any remedy
now or hereafter available to the non-defaulting Party under the Laws or judicial decisions of the
state in which the Premises are located; provided, however, LESSOR shall use reasonable efforts
to mitigate its damages in connection with a default by LESSEE. If LESSEE so performs any of
LESSOR's obligations hereunder, the full amount of the reasonable and actual cost and expense
incurred by LESSEE shall immediately be owing by LESSOR to LESSEE, and LESSOR shall
pay to LESSEE upon demand the full undisputed amount thereof with interest thereon from the
date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate
permitted by applicable Laws. Notwithstanding the foregoing, if LESSOR does not pay LESSEE
the full undisputed amount within thirty (30) days of its receipt of an invoice setting forth the
amount due from LESSOR, LESSEE may offset the full undisputed amount, including all
accrued interest, due against all fees due and owing to LESSOR until the full undisputed amount,
including all accrued interest, is fully reimbursed to LESSEE.
31. ENVIRONMENTAL.
a. LESSOR will be responsible for all obligations of compliance with any
and all environmental and industrial hygiene laws, including any regulations, guidelines,
standards, or policies of any governmental authorities regulating or imposing standards of
liability or standards of conduct with regard to any environmental or industrial hygiene
conditions or concerns as may now or at any time hereafter be in effect, that are or were in any
way related to activity now conducted in, on, or in any way related to the Tower or Property,
unless such conditions or concerns are caused by the specific activities of LESSEE in the
Premises.
b. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and
assume all duties, responsibility and liability at LESSOR's sole cost and expense, for all duties,
responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or
damages) and for responding to any action, notice, claim, order, summons, citation, directive,
litigation, investigation or proceeding which is in any way related to: a) failure to comply with
any environmental or industrial hygiene law, including without limitation any regulations,
guidelines, standards, or policies of any governmental authorities regulating or imposing
standards of liability or standards of conduct with regard to any environmental or industrial
hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such non-
compliance results from conditions caused by LESSEE; and b) any environmental or industrial
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hygiene conditions arising out of or in any way related to the condition of the Tower or Property
or activities conducted thereon, unless such environmental conditions are caused by LESSEE.
c. In the event that abatement of hazardous materials is required in
connection with the construction of the Premises, LESSOR shall take responsibility as generator
of the waste resulting from the abatement and shall cooperate with any necessary abatement
procedures, including signing all necessary documents and manifest required for abatement.
"Hazardous Material" shall mean any material, substance, chemical or waste identified as
hazardous, toxic, solid waste or dangerous in any applicable federal, state or local Law or
regulation (including petroleum, impacted soils and asbestos).
32. CASUALTY. In the event of damage by fire or other casualty to the Tower or
Premises that cannot reasonably be expected to be repaired within forty-five (45) days following
same or, if the Property is damaged by fire or other casualty so that such damage may reasonably
be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days,
then LESSEE may, at any time following such fire or other casualty, provided LESSOR has not
completed the restoration required to permit LESSEE to resume its operation at the Premises,
terminate this Agreement upon fifteen (15) days prior written notice to LESSOR. Any such
notice of termination shall cause this Agreement to expire with the same force and effect as
though the date set forth in such notice were the date originally set as the expiration date of this
Agreement and the Parties shall make an appropriate adjustment, as of such termination date,
with respect to payments due to the other under this Agreement. Notwithstanding the foregoing,
the rent shall abate during the period of repair following such fire or other casualty in proportion
to the degree to which LESSEE's use of the Premises is impaired.
33. CONDEMNATION. Intentionally Omitted.
34. SUBMISSION OF AGREEMENT/PARTIAL INVALIDITY/AUTHORITY. The
submission of this Agreement for examination does not constitute an offer to lease the Premises
and this Agreement becomes effective only upon the full execution of this Agreement by the
Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and
shall not invalidate the remaining provisions of this Agreement. Each of the Parties hereto
warrants to the other that the person or persons executing this Agreement on behalf of such Party
has the full right, power and authority to enter into and execute this Agreement 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 Agreement.
35. APPLICABLE LAWS. During the Term, LESSOR shall maintain the Property
and all structural elements of the Premises in compliance with all applicable laws, rules,
regulations, ordinances, directives, covenants, easements, zoning and land use regulations, and
restrictions of record, permits, building codes, and the requirements of any applicable fire
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insurance underwriter or rating bureau, now in effect or which may hereafter come into effect
(incJuding, without limitation, the Americans with Disabilities Act and laws regulating hazardous
substances) (collectively "Laws"). LESSEE shall, in respect to the condition of the Premises and
at LESSEE's sole cost and expense, comply with (a) all Laws relating solely to LESSEE's
specific and unique nature of use of the Premises (other than general office use); and (b) all
building codes requiring modifications to the Premises due to the improvements being made by
LESSEE in the Premises.
36. SURVIVAL. The provisions of the Agreement relating to indemnification from
one Party to the other Party shall survive any termination or expiration of this Agreement.
Additionally, any provisions of this Agreement which require performance subsequent to the
termination or expiration of this Agreement shall also survive such termination or expiration.
37. CAPTIONS. The captions contained in this Agreement are inserted for
convenience only and are not intended to be part of the Agreement. They shall not affect or be
utilized in the construction or interpretation of the Agreement.
38. CONSTRUCTION WORK. LESSEE agrees to construct six (6) parking spaces
and associated facilities (collectively, the "Work") on the Property in accordance with the plans
and specifications set forth in the attached Exhibit D. Except as may otherwise be provided
herein, upon completion of construction, the Work shall become the property of LESSOR.
LESSEE shall correct any conditions caused by defective or improper construction of the Work
by LESSEE for a period of three (3) years after the Commencement Date. After the three (3)
year period, LESSOR shall accept the Work in its AS-IS, WHERE IS, and WITH ALL FAULTS
condition, without any representation or warranty by LESSEE as to the condition of the Work, its
sufficiency or capability for LESSOR's use, its fitness for any particular purpose, or any other
warranty, express or implied. LESSEE shall not be liable for any damages, including special or
consequential damages, arising out of or in any way related to LESSOR's use of the Work or any
claims related to the Work.
39. PRIOR TERMINATED AGREEMENT. LESSOR and LESSEE agree that this
Agreement replaces the agreement between LESSOR and Qwest Wireless, LLC dated
December I, 2000, and any and all amendments and supplements thereto, referenced by LESSEE
as Contract #NG 42980 ("Terminated Agreement"). LESSOR and LESSEE acknowledge that
notwithstanding the termination of the Terminated Agreement and the commencement of this
Agreement, LESSEE may continue to make, and the LESSOR may continue to receive, rental
and other payments pursuant to the Terminated Agreement. In such event, any rental or other
payments made pursuant to the Terminated Agreement after its termination shall be applied and
credited against any rentals or other payments due under this Agreement.
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40. TERMINATION FOR PUBLIC SAFETY. If at any time LESSEE's acts or
omissions on the Premises described in Paragraph 1 imperil or endanger the public safety,
LESSOR may unilaterally terminate this Agreement. In the event of imminent peril or danger,
LESSOR may take any reasonable action required to ensure public safety, and may immediately
terminate this Agreement upon written notice to LESSEE. LESSOR shall provide LESSEE with
15 days prior written notice if it exercises its right to terminate pursuant to this Paragraph for
public safety reasons which do not involve imminent peril or danger.
IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their
respective seals the day and year first above written.
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LESSOR:
The City of Wheat Ridge, Colorado
By: ____________ _
Its: -------------------------
Date: -------------------------
LESSEE:
Verizon Wireless (VA W) LLC
d/b/a Verizon Wireless
By: ----------------------Walter L. Jones, Jr.
Area Vice President Network
Date: -------------------------
Property located in Jefferson, CO
Parcell:
Exhibit A
(Property)
DEN Police Dog Alt. I
Lot I, Block 3, BARTH'S SUBDIVISION EXCEPTING the North Half of the East Half of said Lot and
the West 6 feet of said Lot therefrom.
AND BEING the same property conveyed to City of Wheat Ridge, a municipal corporation from County
of Jefferson, State of Colorado, acting by and through its duly constituted and appointed Board of County
Commissioners and Commissioner Joanne K. Paterson by Commissioners Deed dated September 23,
I976 and recorded October 06, 1976 in Deed Book 2911, Page 920.
Parcel2:
N I/2 E 1/2 of Lot I, Block 3, Barth's Subdivision except the East 25' as described in Book 722, Page
353 ofthe records of the Jefferson County Clerk and Recorder, all is located in Jefferson County, State
of Colorado.
AND BEING the same property conveyed to City of Wheat Ridge, a municipal corporation from County
of Jefferson, State of Colorado, acting by and through its duly constituted and appointed Commissioner
Robert F. Clement by Commissioners Deed dated March I3, 1979 and recorded April20, I979 in
Instrument No. 7903460 I.
Tax Parcel No. 39-264-15-00 I
Site Name:: DEN Police Dog Alt. I
09600 1.183ffower Lease Agreement
BUS_RE/4112168.1
15
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
Sherman & Howard L.L.C.
633 I 7111 Street, Suite 3000
Denver, Colorado 80202
Attn: Maureen Lopez
Re: DEN Police Dog Alt. 1
(Space above this line for recorder's use)
MEMORANDUM OF TOWER LEASE AGREEMENT
This Memorandum of TOWER LEASE AGREEMENT is made this __ day of
_____ , 20 , between The City of Wheat Ridge, Colorado, with its principal offices
located at 7500 W. 29ffi Ave., Wheat Ridge, Colorado 80033, hereinafter designated LESSOR, and
Verizon Wireless (VA W) LLC d/b/a Verizon Wireless, with its principal offices located at One
Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone number 866-
862-4404), hereinafter designated LESSEE. LESSOR and LESSEE may at times be collectively
referred to hereinafter as the "Parties" or individually as a "Party".
I. LESSOR and LESSEE entered into a Tower Lease Agreement (the "Agreement'') on
20_ for a term of fifteen (15) years, commencing on the
Commencement Date.
2. LESSOR hereby leases to LESSEE a portion of that certain space ("Tower Space") on
LESSOR's tower, hereinafter referred to as the "Tower", located at 7500 W. 29th,
Wheat Ridge, Jefferson County, Colorado, (the entirety of LESSOR's property subject to
the Agreement is referred to hereinafter as the "Property" and is more particularly
described in the attached Exhibit A), together with a parcel of land (the "Land Space")
sufficient for the installation of LESSEE's equipment building; together with the non-
exclusive right (''the Right of Way'') for ingress and egress, seven (7) days a week, twenty-
four (24) hours a day, on foot or motor vehicle, including trucks, and for the installation
and maintenance of utility wires, cables, conduits, and pipes over, under, or along a
right-of-way extending from the nearest public right-of-way to the Land Space; and
together with any further rights of way (the "Further Rights of Way") over and through the
Property between the Land Space and the Tower Space for the installation and maintenance
of utility wires, cables, conduits, and pipes. The Tower Space, Land Space, Right of Way
and Further Rights of Way, if any, are substantially described in the attached Exhibit B.
3. The Commencement Date of the Agreement, of which this is a Memorandum, ts
January I, 2012.
Sile name: DEN Police Dog Alt. I
096001.183/Memorandum ofTower Lease Agreement
BUS_RE\4117507.1
Attachment 2
DEN Police Dog Alt. 1
4. The terms, covenants and provisions of the Agreement, the terms of which are hereby
incorporated by reference into this Memorandum, shall extend to and be binding upon the
respective executors, administrators, heirs, successors and assigns of LESSOR and
LESSEE.
IN WITNESS WHEREOF, LESSOR and LESSEE have caused this Memorandum to be
duly executed on the date first written hereinabove.
Site name: DEN Police Dog Alt. I
096001.183/Mcmorandum of Tower Lease Agreement
BUS_RE\4117507.1
2
LESSOR:
The City of Wheat Ridge, Colorado
By: ____________ _
Its: ----------------------------
Date: ----------------------------
LESSEE:
Verizon Wireless (VA W) LLC
d/b/a Verizon Wireless
By: ------------------------Walter L. Jones, Jr.
Area Vice President Network
Date:
STATE OF ______ _ )
)
COUNTY OF ___________ ~
DEN Police Dog Alt. I
The foregoing instrument was acknowledged before me this __ day of _____ --:-___,
20_ by , the--------------of The
City of Wheat Ridge, Colorado.
WITNESS my hand and official Notarial Seal.
Notary Public
My Commission Expires: ---------
State of California )
)
County of Orange )
On before me, , Notary Public, personally
appeared Walter L. Jones, Jr., who proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ofNotary Public
Site name: DEN Police Dog Alt. I
09600 1.183/Memorandum of Tower Lease Agreement
BUS_RE\4117507.1
Place Notary Seal Above
3
DEN Police Dog Alt. 1
EXHIBIT A
(Legal Description of Property)
Property located in Jefferson, CO
Parcell:
Lot 1, Block 3, BARTH'S SUBDIVISION EXCEPTING the North Half of the East Half of said Lot and
the West 6 feet of said Lot therefrom.
AND BEING the same property conveyed to City of Wheat Ridge, a municipal corporation from County
of Jefferson, State of Colorado, acting by and through its duly constituted and appointed Board of County
Commissioners and Commissioner Joanne K. Paterson by Commissioners Deed dated September 23,
1976 and recorded October 06, 1976 in Deed Book 2911, Page 920.
Parcel 2:
N 1/2 E 1/2 of Lot I, Block 3, Barth's Subdivision except the East 25' as described in Book 722, Page
353 of the records ofthe Jefferson County Clerk and Recorder, all is located in Jefferson County, State of
Colorado.
AND BEING the same property conveyed to City of Wheat Ridge, a municipal corporation from County
of Jefferson, State of Colorado, acting by and through its duly constituted and appointed Commissioner
Robert F. Clement by Commissioners Deed dated March 13, 1979 and recorded April20, 1979 in
Instrument No. 79034601.
Tax Parcel No. 39-264-15-00 1
Site name: DEN Police Dog Alt. I
096001.183/Memorandum of Tower Lei!Se Agreemem
BUS_RE\41 17507.1
4
Council Action Form
December 12, 2011
Page 2
proposed routes. The City completed Phase II ofthe Master Plan in 2009, which included the
production of several maps, including an Origin and Destination Map, Regional Connections
Map and typical sections for each of the Plan routes. The final product ofPhase II included a
route priority list for implementation of the Plan.
In late 201 0, the City completed the first portion of Phase III of the Master Plan. This included
the development of preliminary designs for the three highest priority corridors. Low, mid, and
high cost options were prepared with cost estimates and typical cross-sections for each option.
Conceptual designs were also prepared for the mid-cost option.
The City's Streetscape Design Manual includes guidance for streetscape improvements along the
City's primary transportation corridors. The preliminary streetscape design for these arterial
streets, including any expected future widening, is necessary to provide guidance to staff,
developers and property owners when improvement of the streets are contemplated. Because this
work is similar to the development of bicycle and pedestrian corridor designs, both elements
were included in this project.
On July 21 , 2011 , three proposals were received and three firms were interviewed. Following
the interviews, the highest ranked firm was Charlier Associates, Inc., Boulder, CO. Final
selection was based on qualifications, project approach, innovative ideas, the project team and
experience on previous projects. Appropriate fees for the work were then negotiated.
RECOMMENDATIONS:
Staff recommends award of the Bike Pedestrian Streetscape Design to Charlier Associates, Inc.
in the not-to-exceed amount of$89,917.
RECOMMENDED MOTION:
"1 move to award the Bike Pedestrian Streetscape Design, to Charlier Associates, Inc., Boulder,
CO, in the not-to-exceed amount of$89,917.
Or:
"I move to deny award of the Bike Pedestrian Streetscape Design, to Charlier Associates, Inc.,
Boulder, CO, for the following reason(s): "
REPORT PREPARED/REVIEWED BY:
Steve Nguyen, Engineering Manager
Tim Paranto, Director of Public Works
ATTACHMENTS:
1. Charlier Associates Proposal
BIKE I PEDESTRIAN I STREETSCAPE DESIGN
City of Wheat Ridge
Revised by Charlier Associates Inc. 11-17-2011
Achievement of Objectives
The primary goal identified in the City of Wheat Ridge Bicycle and Pedestrian Master Plan is to
promote safe, sustainable, and healthy travel options for residents and visitors. This goal fully aligns
with Charlier Associates philosophy for all of our work. It would probably be safe to assume that an
important objective is to create a streetscape that is relatively inexpensive and easy and to maintain.
Another good objective is to design the improvements with a focus on minimizing the impacts of the
construction period on residents and businesses. While much of the impact may be addressed
through construction phasing and management, the design itself can influence the length or intensity
of construction.
Tasks I Schedule
1.0 Project kick off and existing conditions analysis I Month 1
1.1 Project Kick off
Strategic kick-off meeting with client and consultant team to discuss issues and
opportunities, potential for green infrastructure approaches, technologies, and
methods, obtain the city's GIS data base and other relevant information.
1 .2 Existing Conditions Analysis
• Review existing local planning documents -bicycle and pedestrian master plan,
comprehensive plan, and existing and proposed RTD bus routes.
• Obtain existing GIS database from the City.
Identify adjacent building locations in the existing right of way.
• Obtain future private development plans of properties within the priority corridors.
• Visual assessment of current vehicular and pedestrian safety.
• Review regulatory requirements and restrictions that may affect the design of the
priority corridors.
DELIVERABLES:
• Narrative describing the impact of easements and rights-of-way.
~ Attachment 1 ~ ~~ ~ --..................................................................................... Ch_a_r_li~ ..... M-s_oc_i-at-~-,-ln--c.
2
2.0 Streetscape Design Manual Priority Corridors I Month 2-3
2.1 Develop preliminary designs for the mid-and high-cost options for the six priority corridors
that will include the locations of proposed street trees, benches, pedestrian and street lights,
bus shelters, trash receptacles, driveway curb cuts, and any other elements that may impact
the roadway alignment. For each alternative the team will prepare pros and cons. The six
priority corridors are listed below and a map is provided on page 5:
1. Wadsworth Blvd. from 26th Ave. to Clear Creek Trail
2. Kipling St. from 26th Ave. to 51 51 Ave.
3. 44th Ave. from Kipling St. to Harlan St.
4. 44th Ave. from Youngfield St. to Kipling St.
5. Youngfield St. from 38th Ave. to Clear Creek Trail
6. Youngfield St. from 32"d Ave. to 38th Ave
2.2 Review the alternatives with the City prior to preparing cost estimates.
2.3 Revise alternatives incorporating City comments.
2.4 Use the City's spreadsheet to prepare preliminary cost estimates for construction (data
spreadsheets) of the mid-and high-cost options for the six priority corridors.
2.5 Prepare design summary language with refined concept illustrations for each of the six
corridors.
2.6 Prepare design spreadsheets for each corridor.
2.7 Prepare up to four concept plans for intersection options.
DELIVERABLES:
• Existing photos of the six corridors.
• Proposed typical cross sections for the mid-cost option and the high cost option for a
total of 2 sections for each of the six corridors (12 cross sections total).
• Up to four conceptual plans of intersection options.
• Design summaries for the main body of the Phase Ill plan for the six priority corridors.
• Design spreadsheets for each corridor. The spreadsheets are organized by beginning
and end of each corridor and include the following for each side of the street: right-of-
way, travel and bike lane widths, curb, gutter, and sidewalk condition and amount to
keep or replace.
• Data spreadsheets/cost estimates for the mid-and high-cost options for each corridor.
• Plan drawing for each corridor that consists of line work over an aerial photo.
• All drawings will be prepared in AutoCAD 2009.
• All digital files will be delivered on a single DVD-ROM.
~~----------------------------------Ch~a-rli-er_A_s-~--ia-t~-,-,n--c.
3
3.0 Bicycle Pedestrian Master Plan Corridors I Month 4
3.1 With the remaining budget, prepare conceptual designs for approximately four to seven
Master Plan Bicycle/Pedestrian corridors. The design team will inform the client of the
remaining budget and will discuss how many corridors the team will conceptually design. The
corridors listed in order of priority are:
1. 38th-Youngfield to Kipling
2, 48th -Robb to Wadsworth
3, Iris -Clear Creek to 44th
4. 38th -Kipling to Wadsworth
5. Ward -44th to 52nd
6. Independence -44th to 48th
7. Parfet -32nd to 381h
3.2 Use the City's spreadsheet to prepare preliminary cost estimates for construction of the mid-
cost options for the identified corridors in 3.1.
3.3 Prepare design summary language for the identified corridors in 3.1 .
3.4 Prepare design spreadsheets for each corridor.
DELIVERABLES:
• Text that includes design summaries for the main body of the Phase Ill plan specific to
the identified corridors.
• Existing photos of the identified corridors.
• Prepare one cross section for the mid-cost option for each corridor.
• Design spreadsheets for each corridor. The spreadsheets are organized by beginning
and end of each corridor and include the following for each side of the street: right-of-
way, travel and bike lane widths, curb, gutter, and sidewalk condition and amount to
keep or replace.
• Data spreadsheets (cost estimates) for the mid-cost option for each corridor.
• Plan drawing for each corridor that consists of line work over an aerial photo.
• All drawings will be prepared in AutoCAD 2009.
• All digital files will be delivered on a single DVD-ROM.
~~----------------------------------C-h-a-rli-~-M--soc--ia-t~--.1n--c.