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Regular Agenda Item 2. E.

Regular BOS Meeting

Meeting Date:	03/01/2022
Submitted For:	Michael O'Driscoll	Submitted By:	Celena Cates, Emergency Planner
Department:	Health & Emergency Management
Fiscal Year:	2022-2042	Budgeted?:	No
Contract Dates Begin & End:	2022-2042	Grant?:	No
Matching Requirement?:	No	Fund?:	New

Information

Request/Subject

Approval of the USDA Forest Service Communications Use Lease for Signal Peak #6 Communications Site.

Background Information

The United States Forest Service (USFS) will be leasing the communications facility to Gila County, which is located ;NE1/4NW1/4 Sec. 5, T. 2 S., R. 15 E., Gila and Salt River Meridian.

Equipment shelter(s): 8 ft x 20 ft Block Building
Antenna support structure(s): 60 ft tall guy wire supported tower
Ancillary structure(s): Generator and Propane fuel tank

The location of the property is shown generally on the site management plan and/or map dated 07/30/2013 for the Signal Peak #6 Communications Site.

Evaluation

Rental of the Signal Peak #6 Communications Site:

Gila County must pay in advance an annual rental determined by the Authorized Officer in accordance with law, regulation, and policy.
The annual rental will be adjusted by the Authorized Officer (AO) to reflect changes in fair market value, annual adjustments using the Consumer Price Index - Urban, changes in tenant occupancy, or phase-in rental, if applicable. In the near future, the USFS may implement a fee structure for the use of tower space.
Interest shall be charged on any rental amount not paid within 30 days from the date the rental or rental calculation financial statement specified in this authorization becomes due.
Disputed rentals are due and payable by the due date. No appeal of rentals will be considered by the Forest Service until the full payment of the disputed amount is received.

Responsibilities of the Lessee (Gila County):

All development, operation, and maintenance of the authorized facility, improvements, and equipment located on the property shall be in accordance with stipulations in the communications site management plan approved by the AO.
Gila County is authorized to rent space and provide other services to customers and/or tenants and shall charge each customer/tenant a reasonable rental without discrimination for the use and occupancy of the facilities and services provided. If space is rented, Gila County must provide a certified statement list of tenants to the AO.
Gila County must comply with all applicable Federal, State, county, and municipal laws, regulations, and standards for public health and safety, environmental protection, siting, construction, operation, and maintenance in exercising the rights granted by this lease.
Gila County must maintain a valid Federal Communication Commission (FCC) or Director of Telecommunications Management/Interdepartmental Radio Advisory Committee (DTM/IRAC) authorization and comply with applicable communication requirements.
Gila County must ensure equipment at this site operates without harmful interference with the operation of existing equipment or adjacent communications sites.
Gila County shall provide any technical information on equipment located on the property.

Termination of the lease: This lease shall terminate at one minute after midnight on 12/31/2042.

Conclusion

The Signal Peak #6 Communications Site is an integral part of Gila County's telecommunications infrastructure, and therefore important for the Gila County Board of Supervisors to approve this lease.

Recommendation

It is the recommendation of the Gila County Health and Emergency Management Department Director that the Board of Supervisors approve the USDA Forest Service Communications Use Lease for the Signal Peak #6 communications site.

Suggested Motion

Information/Discussion/Action to approve a Communications Use Lease with the U.S. Department of Agriculture Forest Service through December 31, 2042, for the Signal Peak #6 Communications Site. (Michael O'Driscoll)

Attachments
USDA Forest Service Communications Use Lease
Exhibit A