HomeMy WebLinkAboutDoc 658 - La Pine Tower LeaseDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of December 16,2013I
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DATE: December 5, 2013
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i FROM: Darryl Nakahira, DCSO Legal Phone: 541-617-3369
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TITLE OF AGENDA ITEM:
Consideration of Board signature of Tower Lease Agreement, Document 2013-658
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
This lease is between the County and RCC Atlantic, Inc. dba Verizon Wireless (Verizon). This is a
five-year lease on real property located at 51340 Hwy 97, La Pine, OR. The County (Lessor) owns
a communications tower upon which Verizon (Lessee) wishes to place a microwave dish. For many
years, the Sheriff's Office has leased from Verizon for use of its towers in several locations in
Deschutes County. Verizon and the County have also had an agreement for many years in which
Verizon has leased space on the County's tower in La Pine.
Verizon's request for additional space on the La Pine Tower provided an opportunity for the County
to hold discussions with Verizon and update the arrangement for Verizon's use of County
equipment and the County's (Sheriff's Office's) use ofVerizon equipment.
Previous site leases were interconnected; this lease is the first of four that will create a separate
lease for each site.
FISCAL IMPLICATIONS:
Verizon will pay the County no rent for the duration of the lease. In exchange, Verizon has agreed to
waive rent charges to the County for the Sheriff's Office use ofVerizon's towers and/or buildings on
Pine Mountain (Antelope Butte), Fivemile Butte and Spring River Butte.
RECOMMENDATION & ACTION REQUESTED:
Approve and sign the Tower Lease Agreement.
ATTENDANCE: Capt. Erik Utter, Sheriffs Office
Darryl Nakahira, Sheriff's Office Legal Counsel
DISTRIBUTION OF DOCUMENTS:
Call or email Pat Davis, Sheriff's Office Legal Assistant, when one original is ready to be picked up.
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12/5/2013
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DESCHUTES COUNTY DOCUMENT SUMMARY
Date: December 5,2013 Department: Sheriff s Office
Type of Document: Document 2013-658 is a Tower Lease Agreement between Deschutes
County (Lessor) and RCC Atlantic, Inc. dba Verizon Wireless (Lessee).
Goods and/or Services: Document 2013-658 is a five-year lease between the County and RCC
Atlantic, Inc. dba Verizon Wireless (Verizon) on real property located at 51340 Hwy 97, La
Pine, OR. The County (Lessor) owns a communications tower upon which Verizon (Lessee)
wishes to place a microwave dish.
Background & History: For many years, the Sheriffs Office has leased from Verizon for use
of its communications towers in several locations in Deschutes County. Verizon and the County
have also had an agreement for many years in which Verizon has leased space on the County's
tower in La Pine.
Verizon's request for additional space on the La Pine Tower provided an opportunity for the
County to hold discussions with Verizon and update the arrangements for Verizon's use of
County equipment and the County's (Sheriffs Office's) use ofVerizon equipment.
Previous site leases were interconnected; this lease is the first of four that will create a separate
lease for each site.
Agreement Starting Date: Upon signature of all parties Ending Date: December 1,2018
Annual Value or Total Payment: No charge to Verizon for use of the tower. In exchange,
Verizon has agreed to waive rent charges to the County for the Sheriffs Office use ofVerizon's
towers and/or buildings on Pine Mountain (Antelope Butte), Fivemile Butte and Spring River Butte.
Check all that apply: o RFP, Solicitation or Bid Process o Informal quotes «$150K)
t2J Exempt from RFP, Solicitation or Bid Process (specify see DCC §2.37)
Funding. Source: (Included in current budget?) ~ Yes D No
If No, has budget amendment been submitted? 0 Yes D NoI
I Is this a Grant Agreement providing revenue to the County? DYes t2J No ~
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12/5/2013
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Departmental Contact ·kUtter Phone#: 541-617-3369
Sherifrs Approval: ~--=+--~-I'=I---4-----"---Date
Distribution of Document: Call or email Pat Davis when one original is ready to be picked up.
Official Review:
County Signature Required (check one): rgJ BOCC 0 Department Director (if <$25K)
o Administrator (if>$25K but <$150K; if>$150K, BOCC Order No . ____~)
Legal Review ~~Date I J..!t>!13
Document Number 2013-658
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12/5/2013
ORIGINAL
TOWER LEASE AGREEMENT
This Agreement, made this __day of ,201 __, between
Deschutes County, with its principal offices located at 63333 West Highway 20, Bend, Oregon
97701, hereinafter designated LESSOR and RCC Atlantic, Inc. d/b/a Verizon Wireless, with its
principal offices at One Verizon Way, Mail Stop 4A WIOO, 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 the "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 in
Deschutes County, State of Oregon, as shown on Exhibit "A" attached hereto and made a part
hereof (the entirety of LESSOR's property is referred to hereinafter as the "Property"), 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, poles, cables, conduits, and pipes over, under, or
along a twenty (20') foot wide 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, poles, cables, conduits, and pipes. The Tower Space, Land Space,
Right of Way and Further Rights of Way, if any, are substantially described in Exhibit
"A", attached hereto and made a part hereof demised premises and are collectively referred to
hereinafter as the "Premises". Except in the case of an emergency, LESSEE shall provide LESSOR
with at least 24 hours advance notice before accessing the Premises. In the event of an emergency,
LESSEE will contact Sheriff s radio technician or watch commander, who will approve and
facilitate access to the Premises. LESSEE will provide the names of LESSEE employees or
subcontractors to the Sheriff's Office expected to be on Sheriffs premises in order to do
background investigations.
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 Exhibit "B" attached hereto.
OR6 LAPINE
10/1/2013
OWT 20697242v4 0052051-000032
DC 2013 -658