HomeMy WebLinkAbout1.0 ApplicationAPPLICATION
Special Use Permit
GARFIELD COUNTY PLANNING DEPARTMENT
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Telephone: 970.945.8212 Facsimile: 970.945.7785
Submittal Date: Base Fee: $400
Applicant: Y Oi C e s\ -t eC_ty-1 i `_xi ---c_ ,
Address of Applicant: Z323; Icy,w9 S1 ;Denver C r 7( Telephone: 0010
Special Use Being Requested: gees
rvitt:k CO&Iv-1(1 c.t h o, q 1 i� t.: CtC`�
Zone District: A
Size of Property:
Application Requirements: These items must be submitted with the application
11 Plans and specifications for the proposed use including the hours of operation, the amount of vehicles
accessing the site on a daily, weekly and/or monthly basis. and the size of any existing or proposed
structures that will be utilized in conjunction with the proposed use. Please submit this information
in narrative form and be specific.
2] If you will be using water or will be treating wastewater in conjunction with the proposed use, please
detail the amount of water that would be used and the type of wastewater treatment. If you will be
utilizing well water, please attach a copy of the appropriate well permit and any other legal waver
supply information. including a water allotment cson�tra��ro approved at�� �grnentation e County opSt:3te
3 ] A map drawn to scale portraying your property, all property,
roadways within one (1) mile of your property. If you are proposing a new or expanded access onto
a County or State roadway, submit a driveway or highway access permit.
4] A vicinity map. showing slope of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map
will suffice.
5] A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and private
landowners adjacent to your property. Include a list of all property owners and their addresses.
6] Attach a copy of the deed and a legal description of the property. If you are acting as an agent for the
property owner, you must attach an acknowledgment from the property owner that you may act in
his/her behalf.
7] For all applications pertaining to airports, the oil and gas industry, power generation and/or
transmission industry, or any other classified industrial operation, you must submit an impact
statement consistent with the requirements of Sections 5.03, paragraphs 1 thru 3: 5.03.07, inclusive;
and 5.03.08, inclusive.
The consideration of this proposed Special Use will require at least one (1) public hearing, for which public
notice must be provided. The Planning Department will mail you information concerning this hearing(s),
approximately 30 days prior to the scheduled hearing. You will then be required to notify, Dcertified
rtifineedreturni
receipt mail, all adjacent landowners and publish the notice provided by the Planning p
n a
newspaper of general circulation. Both these notices must be mailed/published at least 15
dayofs prior isg and
the
public hearing. The applicant shall bear the cost of mailing and publication and pr
publication must be submitted at the time of the public hearing.
this application is complete and correct, to the best of my lcnowledge:
The information contained
(I Applicant: Li .l .,t
Date:
`i 7 (." lir
'VoiceStieam
l WIRELESS L
Mark L. Bean, Director
Garfield County
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Re: Special Use Permit Application for Voicestream Telecommunications Installation
Dear Mr. Bean:
Enclosed please find additional materials for an application originally submitted in November 1999. This
application was originally set for December 6. After a telephone conversation we decided to put this
application on hold.
Since that time Voicestream has moved the location of the proposed installation from the east side of the
current Airtouch installation to the north side of the Airtouch installation. We made this move because the
first site would have required a tremendous amount of civil work. The second proposed installation will
allow Voicestream to utilize the existing access.
This second proposed installation is still on the same parcel of ground. The only change in the application
is the location of the lease area.
In connection with this amended application, please find the following materials:
I. Two (2) site plans and surveys, depicting current structures and proposed structures and the proposed
method for access.
2. A vicinity map.
The County Assessor's Map, surrounding property owners and deed and legal description are the same as
the original application.
Please call me with questions at 303.359.0010.
Sincerely,
Cy,_i2LL4A
Cari Russo
RECEIVED MAR 2 2000
VoiceStream Wireless • 2323 Delgany Street • Denver, Colorado 80216
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September 25, 1999
Garfield County Planning Department
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Re: Low Power Telecommunications Facility at 1 101 W. 9th Avenue
Garfield County Planner:
Voicestream is proposing to construct a free-standing communications facility in Garfield County to
provide your residents and visitors with a state-of-the-art, fully digital cellular system, as authorized by the
Federal Communications Commission (FCC). Voicestream is proposing to locate a facility at the existing
USWest New Vector facility, which was approved by the BOCC in Resolution 92-067.
Voicestream is not collocating on the existing monopole, because the height needed to meet the coverage
objective is not available. Voicestream is proposing to construct a 25' monopole, which is within the
height limitation of the district and place several small equipment cabinets at the base of monopole. The
monopole will be painted a dark, earth -tone green and be contained entirely within the USWest New
Vector group lease area.
Please accept the following materials as the application submittal for the construction, operation and
maintenance of a low power telecommunications facility for the above referenced property by special use.
1. A complete Special Use Permit application.
I . A check in the amount of $400.00.
2. A site plan and elevation of the proposed facility drawn to scale.
3. A vicinity map.
4 A copy of the Garfield County Assessor's Map and a list of adjacent property owners and their
addresses.
5. A copy of deed and legal description of the property. Also attached is a redacted version of a
contract between Western PCS II Corporation and Stella Mae Olsen permitting Western Wireless to
construct, operate and maintain a low power telecommunications facility on the property.
6. A copy of Garfield County Resolution 92-067.
Please contact me at 303.359.0010 to schedule the staff review of these materials.
Sincerely,
Cari Russo
0.1.11111,
VoiceStream Wireless • 2323 Delgany Street • Denver, Colorado 80216 • Office (303) 313-8000 • Fax (303) 313-8010
Site: ` DN2058A; Glenwood Springs Sou
Market: Denver MTA•
SITEE
PT
ASE WITH O
EION
crtTHIS SITE LEASE WITH OPTION . (this "Lease") is effective this I day of
e.1 , 1923, between Stella May Olsen ("Landlord"), and Western PCS II
Co oration, a Delaware corporation ("Tenant")..
1. Option to Lease.
(a) In consideration of the payment o
(the "Option Fee") by Tenant to Landlord, Landlord hereby grants
to Tenant an option to lease the use of a portion of the real property described in attached
Exhibit A (the "Property"), on the terms and conditions set forth herein (the "Option"). The
Option shall be for an initial term of 12 months, commencing on the date hereof and ending
twelve (12) months from such date (the "Option Period"). The Optiof Period may be extended
by Tenant for an additional 12 months upon written notice to Landlord and payment of the sum
of "Additional Option Fee") at any time prior
to the en o e Option eri
(b) During the Option Period and any extension thereof, and during the term
of this Lease, Landlord agrees to cooperate with Tenant in obtaining, at Tenant's expense, all
licenses and permits or authorizations required for Tenant's use of the Premises from all
applicable government and/or regulatory entities (the "Governmental Approvals") including
appointing Tenant . as agent for all conditional -use permit app applications and variance
applications, and, Landlord agrees to cooperate with and to a1 Teant, at no cost to
Landlord,o 1)%m a title report, zoning approvals . and variances, conditional -use permits,
perform surveys, soil tests, and other engineering procedures or environmental investigations
on, under and over the Property, necessary to determine that Tenant's use of the Premises will
be compatible with Tenant's engineering specifications, system design, operations and
Governmental Approvals. During the Option Period and any extension thereof, Tenant may
exercise the Option by so notifying Landlord in writing, at Landlord's address in accordance
with Section •12 hereof. . r;
(c) If Tenant exercises the Option, then, subject to the following terms and
conditions, Landlord hereby leases to Tenant (the "Lease") the use of that certain portion of
the Property sufficient for placement of Antenna Facilities (as defined below), together with all
necessary space and easements for access and utilities, as generally' described and depicted in
attached Exhibit B (collectively referred to hereinafter as the "Premises"). The Premises,
located at 1101 W. 9m Street (street and address) City of Glenwood Springs, County of
Garfield, State of Colorado (city, county, and state), comprises approximately Two Tho1lsand'
Five Hundred (2,500) square feet.
2. Term. The initial term of this Lease shall be five years commencing on the date
of delivery of Tenant's notice to exercise the Option pursuant to Section 1(b), above (the
"Commencement Date"), and terminating at Midnight on the last day of the month in which the
fifth annual anniversary of the Commencement Date shall have occurred.
3. Permitted Use. The Premises may be used by Tenant for, among other things,
the transmission and reception of radio communication signals and for the construction,
maintenance, repair or replacement of related facilities, towers, antennas, equipment or
buildings and related activities. Tenant shall obtain, at Tenant's expense, all Governmental
Approvals and may (prior to or after the Commencement Date) obtain a title report, perform
environmental and other surveys, soil tests, and other engineering procedures on, under and
over the Property, necessary to determine that Tenant's use of the Premises will be compatible
with Tenant's engineering specifications, system, design, operations and Governmental
Approvals. Landlord agrees to reasonably cooperate with Tenant (at no cost to Landlord),
where required, to perform such procedures or obtain Governmental Approvals. If necessary,
Tenant has the right to immediately terminate this Lease if Tenant notifies Landlord of
unacceptable results of any title report, governmental approvals, environmental survey or soil
tests prior to Tenant's installation of the Antenna Facilities (as defined below) on the Premises.
4. Rent.
a Tenant shall pay Landlord,WaralraWAMMIIIIIM
"Rent"). Rent shall be payable in advance beginning on the
Commencement ate . or the remainder of the month in which the Commencement Date falls
and for the following month, and thereafter Rent will be payable monthly in advance on the
fifth day of each month for the following month to Stella May Olsen at Landlord's address
specified in Section 12 below. For the purpose of. this Lease, all references to "month" shall
be deemed to refer to a calendar month. If the`Commencement Date does not fall on the fifth
day of the month, then Rent for the period from the Commencement Date to the last day of the
following month shall be prorated based on the actual number of days from the
Commencement Date to the last day of the following month.
(b) If this Lease is terminated 'at'a time other than on the last day of a month,
Rent shall be prorated as of the date of termination for any reason other than a default by
Tenant, and all prepaid Rent shall be refunded to -Tenant.
5. Renewal. Tenant shall have theright to extend this Lease for five additional,
five-year terms ("Renewal Term"). Each Renewal Term shall be on the same terms and
conditions as set forth herein, except that rent shall be increased b'
of the rent paid over the preceding term.
This Lease shall automatically renew for each successive Renewal Term unless
Tenant shall notify Landlord, in writing, of Tenant's intention not to renew this Lease, at least
sixty (60) days prior to the expiration of the term or any Renewal Term.
In the event Tenant assigns the Lease to. a third party ("Third Party") and the Third
Party notifies Landlord of their intent not to renew the Lease, Landlord shall immediately
notify Western PCS II Corp. as provided for in Sec. 12, of the Third Party's non -renewal.
Upon Landlord's notice, Western PCS II Corp. shall have the right to enter into a new lease
with Landlord on terms identical to the terms of this Lease for the remaining unused portion of
any Term (including all Renewal Terms) if not longer. Western PCS II Corp: shall give
written notice to Landlord within thirty (30) days of Landlord's notice of the Third Party's
non -renewal, if Western PCS II Corp. chooses to exercise such leasing right.
If Tenant shall remain in possession of the Premises at the expiration of this
Lease or any Renewal Term without a written :.agreement, such tenancy shall be deemed a
month-to-month tenancy under the same terms ,and conditions of this Lease.
6. Interference. Tenant shall not use the Premises in any way which interferes
with the use of the Property by Landlord, or lessees or licensees of Landlord, with rights in the
Property prior in time to Tenant's (subject to Tenant's rights under this Lease, including
without limitation, non-interference). Similarly, ;Landlord shall not use, nor shall Landlord
permit its tenants, licensees, employees, invitees or agents to use, any portion of the Property
in any way which interferes with the operations of Tenant. Such interference shall be deemed
a material breach by the interfering party, who shall, upon written notice from the other, be
responsible for terminating said interference. In the event any such interference does not cease
promptly, the parties acknowledge that continuing interference may cause irreparable injury
and, therefore, the injured party shall have the right, in addition to any other rights that it may
have at law or in equity, to bring a court action to enjoin such interference or to terminate this
Lease immediately upon written notice.
7. Improvements; Utilities; Access.
(a) Tenant shall have the right, at its expense, to erect and maintain on the
Premises improvements, personal property and facilities necessary to operate its system,
including without limitation radio transmitting and receiving antennas, and tower and bases, an
electronic equipment shelter, and related cables and utility lines (collectively the "Antenna
Facilities"). The Antenna Facilities shall be initially configured generally as set forth in
Exhibit C. Tenant shall use all reasonable and practical methods to construct Tenant facilities
in a manner consistent with the surrounding " environment. Tenant shall have the right to
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replace or upgrade the Antenna Facilities at any time during the term of this Lease. Tenant
shall cause all construction to occur lien -free and in compliance with all applicable laws and
ordinances. The Antenna Facilities shall remain the exclusive property of Tenant. Tenant
shall have the right to remove the Antenna Facilities upon termination of this Lease.
(b) Tenant, at its expense, may use any and all appropriate means of
restricting access to the Antenna Facilities, including, the construction of a fence within the
Premises.
(c) Tenant shall, at Tenant's expense, keep and maintain the Antenna
Facilities now or hereafter located thereon in commercially reasonable condition and repair
during the term of this Lease, normal wear and tear excepted. Upon termination of this Lease,
the Premises shall be returned to Landlord in good, usable condition, normal wear and tear
excepted.
(d) Tenant shall have the right to install utilities, at -Tenant's expense, and to
improve the present utilities on the Premises (including, but not limited to the installation of
emergency power generators). Tenant shall, wherever practicable, install separate meters for
utilities used on the Property. In the event separate meters are not installed, Tenant shall pay
the periodic charges for all utilities attributable to Tenant's use.
(e) As partial consideration for Rent paid under this Lease, Landlord hereby
grants Tenant an easement ("Easement") for ingress, egress, and access (including access as
described in Section 1) to the Premises adequate to install and maintain utilities, which include,
but are not limited to the installation of overhead or underground power and telephone service
cable, and to service the Premises and the Antenna Facilities at all times during the term of this
Lease or any Renewal Term. Upon prior written notice, provided Tenant's Antenna Facilities
remain fully functional and continue to transmit at full power, Landlord shall have the right, at
Landlord's sole expense, to relocate the Easement to Tenant, provided such new location shall
not materially interfere with Tenant's operations. Any Easement provided hereunder shall
have the same term as this Lease. Landlord shall not be responsible for maintaining the access
road to the Tenant's Premises nor incurring any associated costs except for damage to the
access road which is caused by Landlord, Landlord's tenants and sublessees.
(0 Tenant shall have 24 -hours -a -day, 7 -days -a -week access to the Premises
at all times during the term of this Lease and any Renewal Term.
8. Termination. Except as otherwise provided herein, this Lease may be
terminated, without any penalty or further liability as follows:
s•
(a) upon thirty (30) days written notice by Landlord for failure to etre a
material default for payment of amounts due under this Lease within that thirty (30) day
period;
(b) upon thirty (30) days written notice by either party if the other party
defaults and fails to cure or commence curing such default within that 30 -day period, or such
longer period as may be required to diligently complete a cure commenced within that 30 -day
period;
(c) upon ninety (90) days written notice by Tenant, if it is unable to obtain,
maintain, or otherwise forfeits or cancels any license, permit or Governmental Approval
necessary to the installation and/or operation of the Antenna Facilities or Tenant's business;
(d) upon ninety (90) days written notice by Tenant if the Property, Building
or the Antenna Facilities are or become unacceptable under Tenant's design or engineering
specifications for its Antenna Facilities or the communications system to which the Antenna
Facilities belong;
(e) upon ninety (90) days written notice by Tenant if Tenant determines, in
its sole discretion, that it will be unable to use the Premises for any reason;
(t) immediately upon written notice if the Premises or the Antenna Facilities
are destroyed or damaged so as in Tenant's reasonable judgment to substantially and adversely
affect the effective use of the Antenna Facilities. In such event, all rights and obligations of
the parties shall cease as of the date of the damage or destruction, and Tenant shall be entitled
to the reimbursement of any Rent prepaid by Tenant; or
(g) at the time title of the Property transfers to a condemning authority,
pursuant to a taking of all or a portion of the Property sufficient in Tenant's determination to
render the Premises unsuitable for Tenant's use. Landlord and Tenant shall each be entitled to
pursue their own separate awards with respect to such taking. Sale of all or part of the
Property to a purchaser with the power of eminent domain in the face of the exercise of the
power, shall be treated as a taking by condemnation.
In the event Tenant assigns the Lease to a Third Party and the Third Party defaults on
the Lease, Landlord shall give Western PCS' II Corp. written notice following Sec. 12,
concurrently when such notice of default is given:to the Third Party. If the Third Party fails to
cure such default as provided for in Sec. 8, Western PCS II Corp. shall have the right to and
Landlord agrees to accept, either: i) Western PCS II Corp.'s cure of such default on behalf of
the Third Party; and/or ii) Western PCS II Corp's entering into a new lease with Landlord on
terms identical to the terms of this Lease for the remaining unused portion of any Term
(including all Renewal Terms) if not longer. Western PCS II Corp. shall give written notice to
1 •
Landlord within thirty (30) days of Landlord's notice of the Third Party's default, if Western
PCS II Corp. chooses to exercise either right in this paragraph.
9. Taxes. Tenant shall pay any personal property taxes assessed on, or any portion
of such taxes attributable to, the Antenna Facilities. Landlord shall pay when due all real
property taxes and all other fees and assessments attributable to the Property. In the event that
Landlord fails to pay said real property taxes, then Tenant shall have the right but not the
obligation to pay said taxes and deduct them from Rent amounts due under this agreement.
10. Insurance and Subrogation.
(a) Tenant will provide Commercial General Liability Insurance m an
aggregate amount of $1,000,000 and name Landlord as an additional insured on the policy or
policies. Tenant may satisfy this requirement by obtaining appropriate endorsement to any
master policy of liability insurance Tenant may maintain.
(b) Landlord and Tenant hereby mutually release each other (and their
successors or assigns) from liability and waive all right of recovery against the other for any
loss or damage covered by their respective first party property insurance policies for all perils
insured thereunder. In the event of such insured loss, neither party's insurance company shall
have a subrogated claim against the other.
11. Hold Harmless. Tenant agrees toy hold Landlord harmless from claims arising
from the installation, use, maintenance, repair or removal of the Antenna Facilities, except for
claims arising from the negligence or intentional acts of Landlord, its employees, agents or
independent contractors.
12. Notices. All notices, requests, demands and other communications hereunder
shall be in writing and shall be deemed given if personally delivered or mailed, certified mail,
return receipt requested, or sent by overnight carrier to the following addresses:
If to Tenant, to: with a copy to:
Western PCS II Corporation
Attn: PCS Leasing Administrator
3650 131st Ave. S.E., Suite 400
Bellevue, WA 98006
Phone: (425) 586-8700
Fax: (425) 586-8040
If to Landlord to:
Stella May Olsen
505 Williams St.
Western PCS II Corporation
Attn: Legal Department
3650 131st Ave. S.E., Suite 400
Bellevue, WA 98006
Phone: (425) 586-8700
Fax: (425) 586-8040
with a copy to:
1 •
Glenwood Springs, CO 81601
Phone (970) 945-6814
13. Quiet Enjoyment, Title and Authority. Landlord covenants and warrants to
Tenant that (i) Landlord has full right, power and authority to execute this Lease; (ii) it has
good and unencumbered title to the Property free and clear of any liens or mortgages, except
those disclosed to Tenant which will not interfere with Tenant's rights to or use of the
Premises; and (iii) execution and performance of this Lease will not violate any laws,
ordinances, covenants, or the provisions of any mortgage, lease, or other agreement binding on
Landlord.
Landlord covenants that at all times during the term of this Lease, Tenant's quiet
enjoyment of the Premises or any part thereof shall not be disturbed as long as Tenant is not in
default beyond any applicable grace or cure period.
14. Environmental Laws. Tenant represents, warrants. and agrees that it will
conduct its activities on the Property in compliance with all applicable Environmental Laws (as
defined in attached Exhibit D). Landlord represents, warrants and agrees that it has in the past
and will in the future conduct its activities on the Property in compliance with all applicable
Environmental Laws and that the Property is free of Hazardous Substance (as defined in
attached Exhibit D) as of the date of this Lease.
Landlord shall be responsible for, and shall promptly conduct any investigation and
remediation as required by any Environmental Laws or common law, of all spills or other
releases of Hazardous Substance, not caused solely by Tenant, that have occurred or which
may occur on the Property.
Tenant agrees to defend, indemnify and hold Landlord harmless from and against any
and all claims, causes of action, demands and liability including, but not limited to, damages,
costs, expenses, assessments, penalties, fines, losses, judgments and attorney's fees that
Landlord may suffer due to the existence or discovery of any Hazardous Substance on the
Property or the migration of any Hazardous Substance to other properties or release into the
environment arising solely from Tenant's activities on the Property.
Landlord agrees to defend, indemnify and hold Tenant harmless from and against any
all claims, causes of action, demands and liability including, but not limited to, damages,
costs, expenses, assessments, penalties, fines, losses, judgments and attorney's fees that Tenant
may suffer due to the existence or discovery of any Hazardous Substance on the Property or
the migration of any Hazardous Substance to other properties or released into the environment,
that relate to or arise from Landlord's activities during this Lease and from all activities on the
Property prior to the commencement of this Lease.
1
The indemnifications in this section specifically include without limitation costs
incurred in connection with any investigation of site conditions or any cleanup, remedial,
removal or restoration work required by any governmental authority.
15. Assignment and Subleasing. Tenant may assign this Lease in total upon written
notice to Landlord, no partial assignment shall be permitted. Upon such assignment, Tenant
shall be relieved of all liabilities and obligations hereunder and Landlord shall look solely to
the assignee for performance under this Lease and all obligations hereunder. Tenant shall not
sublease all or part of the Premises.
Tenant may from time to time grant to certain lenders selected by Tenant and its
affiliates (the "Lenders") a lien on and security interest in all assets and personal property of
Tenant located on the Premises, including, but not limited to, all accounts ' receivable,
inventory, goods, machinery and equipment owned by Tenant (the "Personal Property") as
collateral security for the repayment of any indebtedness to the Lenders. The Lenders may, in
connection with any foreclosure or other similar action relating to the Personal Property, enter
upon the Premises (or permit their representatives to do so on their behalf) in order to
implement a foreclosure or other action without liability to Landlord provided, however, that
(i) rent is paid to Landlord during occupancy by or on behalf of the Lenders for any purpose,
(ii) the Lenders pay for any damages caused by the Lenders or their representatives in
removing the Personal Property from the Premises, and (iii) the Lenders otherwise comply
with the terms of this Lease. Landlord hereby agrees to subordinate any security interest, lien,
claim or other similar right, including, without' limitation, rights of levy or distraint for rent,
Landlord may have in or on the Personal Property', whether arising by agreement or by law, to
the liens and/or security interests in favor of the Lenders, whether currently existing or arising
in the future. Nothing contained herein shall be construed to grant a lien upon or security
interest in any of Landlord's assets. To the extent required by the terms of this Lease,
Landlord consents to any grant by Tenant to any Lenders of a lien on Tenant's leasehold
interest in this Lease. In the event Landlord gives Tenant any notice of default or termination
of this Lease (or commences any legal process relating thereto), Landlord will endeavor to
simultaneously give a duplicate copy thereof to the Lenders but shall incur no liability due to
Landlord's failure to give such notice and the failure to give such notice shall not limit
Landlord's ability to exercise any remedies available to Landlord under this Agreement.
Landlord agrees to accept performance on the part of any of the Lenders or their agents or
representatives as though performed by Tenant to cure any default or condition for
termination. The terms of this paragraph may not be modified, amended or terminated except
in writing signed by the Lenders.
16. Successors and Assigns. This Lease shall run with the Property, and shall be
binding upon and inure to the benefit of the parties, their respective successors, personal
representatives and assigns.
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17. Waiver of Landlord's Lien. Landlord hereby waives any and all lien rights it may
have, statutory or otherwise, concerning the Antenna Facilities or any portion thereof which shall
be deemed personal property for the purposes of this Lease, regardless of whether or not the
same is deemed real or personal property under applicable laws, and Landlord gives Tenant and
Mortgagee the right to remove all or any portion of the same from time to time, whether before
or after a default under this Lease, in Tenant's and/or Mortgagee's sole discretion and without
Landlord's consent.
18. Miscellaneous.
(a) The substantially prevailing party in any litigation arising hereunder shall
be entitled to its reasonable attorneys' fees and court costs, including appeals, if any.
(b) Each party agrees to furnish to the other, within ten (10) days after
request, such truthful estoppel information as the other may reasonably request.
(c) This Lease constitutes the entire agreement and understanding of the
parties, and supersedes all offers, negotiations and other agreements. There are no
representations or understandings of any kind not set forth herein. Any amendments to this
Lease must be in writing and executed by both parties.
(d) If either party is represented by a real estate broker in this transaction,
that party shall be fully responsible for any fee due such broker, and shall hold the other party
harmless from any claims for commission by such broker.
(e) Each party agrees to cooperate with the other in executing any
documents (including a Memorandum of Lease in substantially the form attached as Exhibit E)
necessary to protect its rights or use of the Premises. The Memorandum of Lease may be
recorded in place of this Lease, by either party.
(f) This Lease shall be construed in accordance with the laws of the state in
which the Property is located.
(g) If any term of this Lease is found to be void or invalid, such invalidity
shall not affect the remaining terms of this Lease, which shall continue in full force and effect.
The parties intend that the provisions of this Lease be enforced to the fullest extent permitted
by applicable law. Accordingly, the parties shall agree that if any provisions are deemed not
enforceable, they shall be deemed modified to the extent necessary to make them enforceable.
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(h) The persons who have executed this Lease represent and warrant that
they are duly authorized to execute this Lease in their individual or representative capacity as
indicated.
(i) The submission of this document for examination does not constitute an
offer to lease or a reservation of or option for the Premises and shall become effective only
upon execution by both Tenant and Landlord.
(j) This Lease may be executed in any number of counterpart copies, each
of which shall be deemed an original, but all of which together shall constitute a single
instrument.
(k) The parties understand and acknowledge that Exhibit A (the legal
description of the Property), Exhibit B (the Premises location within the Property) and
Exhibit C (the site plan) may be attached to this Lease in preliminary form. Accordingly, the
parties agree that upon the preparation of final, more complete exhibits, Exhibits A, B and/or
C, as the case may be, which may have been attached hereto in preliminary form, may be
replaced by Lessee with such final, more complete exhibit(s).
The Execution Date of this Lease is the \-1" day of f 1\ , 1991.
LANDLORD: Stella Ma Olsen
TENANT:
By:
Its:
Wes
By:
Its: Assistant Vice -President
STATE OF
COLORADO
COUNTY OF
GARFIELD
On this 6th day of April , 199 9 , before me personally appeared
Stella May Olsen, known to me to be the Owner of the Land, the Owner that executed the
within and foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said Owner for the uses and purposes therein mentioned, and on
oath, stated that She was authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
)
)
)
1 •
SS:
STATE OF WASHINGTON )
)
COUNTY OF KING )
ss:
NO
c
C in and for the State of
ssion expires 7/7/99
On this day of fll 99 of, before me personally appeared
known to me to be the jr of Western PCS II Corporation, the
corporation that executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said corporation for the uses and purposes
therein mentioned, and on oath, stated that— was authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
40
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EXHIBIT A
Legal Description
to the Site Lease with Option dated, between Stella May Olsen, as Landlord, and Western PCS
II Corporation, as Tenant.
The Property is legally described as follows:
A tract of lard situated in the Ia"4SW , Sec. 9, Tp. 6 S., R. 89 W., 6th P.N.., and
more fully described as fnl]ows: Beginning at the West Quarter Corner of said Sec.
9; thence East 090.8 feet along the North line o-' said hW.i,SWto the center of Red
Acres Ditch. thence S 330 53' E, 334.35 feet along the center of Red Acres Ditch;
thence S 206 13' E, 445.00 feet alone the center of Red Acres Ditch; thence S 7°
12' W, 50.00 feet along the center- of Reci Acres Ditch; thence S 490 12' W, 85.00
feet along the center of Red Acres Ditch; thence West 1160.37 feet to the West
line of said See. 9; thence Porth P00.3 feet along the ;lest line 'of said Sec. 9
to the pont of beginning, contai ging 19.81 acres, more or less.
This deed is made subject to ri7ht—of—way for the Red. Acres Ditch along the Lasterl
line of above described rroperty.
To the Site Lease with Option dated
EXHIBIT C
Site Plan
vAtcl i;99
Landlord, and Western PCS II Corporation, as Tenant.
Site Plan and Equipment
NEW LAMINATEO WOOo POLE
NEW B T 5 EC:VIM-E14T
GABINET5
, between Stella May Olsen, as
i •
EXIIIBIT D
Environmental Laws
To the Site Lease with Option dated `'1 \ 1 199 , between Stella May Olsen, as
Landlord, and Western PCS II Corporation, as Tenant.
As used in this Lease, "Environmental Laws" means all federal, state and local environmental
laws, rules, regulations, ordinances, judicial or administrative decrees, orders, decisions,
authorizations or permits, including, but not limited to, the Resource Conservation and
Recovery Act, 42 U.S.C. §§ 6901, et seq., the Clean Air Act, 42 U.S.C. §§ 7401, et seq., the
Federal Water Pollution Control Act, 33 U.S.C. §§ 1251, et seq., the Emergency Planning and
Community Right to Know Act, 42 U.S.C. §§ 1101, et seq., the Comprehensive
Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601, et seq., the
Toxic Substances Control Act, 15 U.S.C. §§ 2601, et seq., the Oil Pollution Control Act, 33
U.S.C. §§ 2701, et seg., the Hazardous Materials Transportation Act, 49 U.S.C. §§ 1801 et
seq., the Safe Drinking Water Act, 42 U.S.C. §§ 300f through §§ 300f, and state laws, or any
other comparable local, state or federal statute or ordinance pertaining to the environment or
natural resources and all regulations pertaining thereto.
As used in this Lease, "Hazardous Substance" means any hazardous substances as defined by
the Comprehensive Environmental Response, Compensation and Liability Act, as amended
from time to time; any hazardous waste as defined by the Resource Conservation and Recovery
Act of 1976, as amended from time to time; any and all material or substance defined as
hazardous pursuant to any federal, state or local laws or regulations or order; and any
substance which is or becomes regulated by any federal, state or local governmental authority;
any oil, petroleum products and their by-products.
EXHIBIT E
Memorandum of Lease
To the Site Lease with Option dated �-� li 1 199 , between Stella May Olsen, as
Landlord, and Western PCS II Corporation, as Tenant.
Western PCS II Corporation
Attn: PCS Leasing Administrator
3650 1315` Ave. S.E., Suite 400.
Bellevue, WA 98006
Phone: (425) 586-8700
Fax: (425) 586-8040
Site Identification: DN 2058 Market: Denver MTA
Memorandum of Lease Between Stella May Olsen ("Landlord") and Western PCS II Corporation
("Tenant")
A Site Lease with Option between Stella May Olsen ("Landlord") and Western PCS II
Corporation ("Tenant") was made regarding the following premises:
See attached Exhibit A
The date of execution of the Site Lease with Option was `-\.. l \ ( . Subject
Lease is for a term of five (5) years and will commence on the Commencement Date outlined
in the notice to exercise provided to the Landlord and shall terminate at midnight on the last
day of the month in which the 5th anniversary of the Commencement Date shall have occurred.
Tenant shall have the right to extend this Lease for five additional five year terms.
IN WITNESS WHEREOF, the parties hereto have res ectively executed this memorandum
this 1 l— day of i , 199 1 .
Stella May Olsen
By.
Its:
Weste CS II Corpo
By:
Its: Assistant Vice -President
STATE OF
COLORADO
COUNTY OF
GARFIELD
• •
)
)
)
SS:
On this 6th day of April , 199 9 , before me personally appeared
Stella May Olsen, known to me to be the Owner of the Land, the Owner that executed the
within and foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said Owner for the uses and purposes therein mentioned, and on
oath, stated that She was authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
NOT
Colo
in and for the State of
My con expires 7/7/99
STATE OF WASHINGTON )
)
COUNTY OF KING
rfla,
On this ,eyof0 .A►/
/We. a 1999 , before me personally appearediic: ,ke(
known to me to be the ; =.4 ` of Western PCS II Corporation, the
corporation that executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said corporation for the uses and purposes
therein mentioned, and on oath, stated that as authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set y hand and affixed my official seal the
day and year first above wit
to
i �: 4 NaTPRY ,�R►'; Za
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i p�g� 1G
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ss:
and fo
e State of
mmission ff pires )z -/?--0? �.
Book 264
3
Recorded at 10' 0 o'clock A M ....x11.1;!...1.,....1 .5Z' • Pare 567
Reception No..17 82
Ch -is, SA K4 r_clrl
Recorder.
THIS DEED, Made this 14th day of June in the
year of our Lord one thousand nine hundred and Fifty—two , between
— — R• E, CVERLIN and ALICE L. OVERLIN,
of the
Colorado, of the first part, and
County of
Garfield and State of
FRANK 0LSLN and STELLA .1.:AE CLS111
of the County of Garfield and State of
Colorado, of the second part:
WITNESSETH, that the said parti es of the first part, for and in consideration of the sum of
Ti=,iJ D i,l..Ai l and ether rood and valuable considerations ffi�iiJ�74X2�,
to the said part! es of the first part in hand paid by the said parties of the second part, the receipt whereof
is hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents
do grant, bargain, sell, convey and confirm unto the said parties of the second
art, not in ancy in
common but in joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor nforever,
all the following described lot 3 or parcel s of land, situate, lying and being in the
County of Garfield and State of Colorado, to -wit:
A tract of lard situated in the NW SW;;, Sec. 9, Tp. 6 S., R. 89 W., 6th P.N.., and
more fully described as follows: Beginning at the West Quarter Corner of said Sec.
9; thence East 090.8 feet along the North line o: said NW,SWw to the center of Red
Acres Ditch; thence S 33° S3' E, 334.35 feet along the center of Red Acres Ditch;
thence S 20`5 13' E, 445.00 feet along the center of Red Acres Ditch; thence S 70�
12' W, 50.00 feet along the center of Red Acres Ditch; thence S 490 121 W, 85.00
feet along the center of Red Acre3 Ditch; thence West 1160.37 feet to the West
line of said Sec. 9; thence North P00.3 feet along the I• Jest line 'of said Sec. 9
to the pont of beginning, contai7]ng 19.#1 acres, more or less.
This deed is made subject to right-of-way for the Red. Acres Ditch along the Lasterl
line of above described rroperty.
TOGETIIER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and
all the estate, right, title, interest, claim and demand whatsoever of the said part les of the first part, either in
law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
said parties of the second part, the survivor of them, their assigns, and the heirs and assigns of such survivor, for-
ever. And the said part °.e sof the first part, for them sel ves , their heirs, executors, and administra-
tors do covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of
them, their assigns and the heirs and assigns of such survivor, that at the time of the ensealing and delivery of these
presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and inde-
feasible estate of inheritance, in law, in fee simple, and ha ve good right, full power and lawful authority to grant,
bargain, sell and convey the sante in manner and form aforesaid, and that the same are free and clear from all former
and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever,
•no excerti_ons-
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the
survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons
lawfully claiming or to claim the whole or any part thereof, the said part les of the first part shall and will
WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF the said part i P3 of the first part ha ve hereunto set theit'and s and
seal s the day and year first above written.
Signed, Sealed and Delivered in the Presence of
STATE OF COLORADO,
County of
Garfield }as.
J
The foregoing instrument was acknowledge before me this
_ 3. [SEAL]
CNeLikt—
A. D.19,52 , bys
My co mmiiiiotittfip' fres
.eft ..SEAL]
[SEAL]
14th day of
R. E. (\rer] in and Alice L. Overlin,
April 19i 19 53 . Witness y hand an • ' • ial
June
Notary Public.
No. 921. WARRANTY DEED.—To Joint Tenants.—The Bradford -Robinson Ptg. Co., Mfrs. Robinsoa'a Legal Blanks, 1846 Stoat St., Denver, Colo.
•If by natural person or persons here Insert name Or names; it by person acting in representative or official capacity or as
attorney -In -fact, then Insert name of person as executor, attorney-in-fact or other capacity or description; 1f by officer of cor-
poration, then insert name of such officer or officers, as the president or other officers of such corporation, naming 1t.—Statutory
.acknowledgment, Session 1927.
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