HomeMy WebLinkAbout1.0 Application06 /03 /20 13 14 :20 FAX .. ()E'L;.(.;; AL'j"2....\t: 10 : MoU(j .C::G' Garfield County Community Development Department 108 8'h Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212
@001 ~jlm~j;B;;~'jj}!DI:l]!K:~:!n:~_~:E·:=:'=~=·~'.:.~~~~'~' .· :.:.~.:.:";.-"."~,..:.,~., . ~-".:~", .: .=~~~,,,,,,"".-.-::'''' ..." ... .. " ' C:'" ',;-'-:1 .' . . " Owner/AI~pllcllnt
Name: Burning Mountain l.and & Cattle LLC Mailing Address: 517S County Road 335 #401 City: New Castle E-mail: Nama: SBA tower owner Annie Mackiewicz Mailing Address: IS042 Pr~iric Place
City: Broomfield E-mail: Amack@atecs.cum project Name: Phone: ( _______ _ State: _C_O _ Zlp Code: _8_16_4_7 _ _ __ _ Phone: (303 )_60_1.7_2_4' ___ State: _C_O __ Zlp Code: _80_0_23 _____
_ Extension Ccrd DE05AL526 Sprint is doing a modification on an existing SBA owned tower. Assessor's Parcel Number: 21233140001~, ___ ' __ ' __ Physical/Street Address: 105112 E. Alkali
Creek Road New Castle, CO 81647 Legal Description: Section 31 Township S Range 90 S282 Zone DIstrict: _R_ut_a_' ___________ Property Size (acres): ______ _
06/0312013 14:20 FAX IgJ 002 like to swap Ollt there antennas, Currently there are threo on the tower 811d there will a total of two when the proj~ct is complete, Proposed U5e (from
Use Table 3-503): __________________ _ Description of ProJect: Sprint will b. 'wapping oulonlen, .. , for a total of two, Thore will b. 60me work don. within their lease are. on Ihere
equipment. If~q~~U!~E:~j;y:[~~}';JE~,·,~,'~~:~,~::::~.··.~,'··=~:~·,=:::: ..... :.~'.:.::::,:.~:.::==:: .... ,' .. -:; •. ~:~:::.~~~.'::.?:,.', . ,,~,J Submission Requirements '1 C The
Applicant requestln@a Waiver of Submission Requirements per Section 4-202, List: i Section: Section: I Section: Section: I .. , , .. R ..... ·_· _ •• ~M,' ....... , "" .......... ........
, •• " _~.' •• '".. • •• ~ •• "' •• ,. _____ ..... ~". __ .. ,,' , "0, ,~,_._ •• , •• ,."." ,'.' ,, ___ "'_, ._ ...... ..... ,~., .... ~ •• _. • •••••••••• , ••• ,. •• ' ••••••• __ .......
~, ...... ,~ _ ••• _ •• , ............... ", .. .. Wailier of Standards CI The Applicant is requesting a Waiver of Standards per Section 4-117, List: Section: Section: I Section: Section:
_____________ _ ................. ,,,,, .............. _ ........ ,, .................................... ,,".", ............. , ... ' ....................... " '''''' ...............................
.......... " ................. , .......... .1 I have read tho statements above and have provided the required attached Information which Is cozacnd: racecu rata to the best of my knowledge.
~ , ~ 5,13,13 Signature of proper~ ow~ Date FG~FltlAt .. GSE'ON~Y· .. ':.~······:': .. ·"' .. ······ ... "· .. ·."" ........... ,. , .. ... ,.. .... ,. .............. ,.. ........ ,..
........ "' .... ".. , '.' · .. ····· .. '· .. ·~ .. · .... '·'· .. ·:· .. ···"1 c .... , ......... ;;. """ ...... , ............ ;."" ...... : ... , .... , " .... , ........ " ....
" .... ".:"., .. ""'" " ... ," ,,,. ' ......... : ... , ...... ,; .. : .. ,: ....... " '''. . .. " .... " ...... , .. , '" .... , ........ ,,, ..• " ... ,: ... , ....... '1 _F_i_le .
_N ._u .... m.. _-:::b ..: :Ne=r=:.·_ =.=-=.= _ .... _ .. . ___ ,. _ .__ _ .F....e...e... ..P. .a...i.d. ' N: . ,.$... . ____ ....... _____ ......... _ . _.. ._', .. " _ ._._ j
c:e Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com 1YJ)E OF APpLlq\TION . ___ ... , . :
.... 0 Administrative Review II Limited Impact Review 0 Major Impact Review -0 Amendments to an Approved LUCP IBl LlR OMIR OSUP 0 Minor Temporary Housing Facility 0 Vacation of a County
Road/Public ROW ' . \l,. 0 Pipeline Development 0 Comprehensive Plan Amendment h L_ o Major OMinor ..I N.VOWEQ~PARtIES · . ;', .:~¥--.----_c"! ... Owner/Applicant Name: Michele Copley
Mailing Address: 6914 S. Ulster Circle City: Centennial E-mail: mcopley@sbasite.com RePresentative (Authorization Required) Name: Mailing Address: City: E-mail: , PROJECT·NAME'ANDLOCATION4.'
,,",. Project Name: EXTENSION CORDIDE05AL526 .. ..'.. . ' . . .... ~~~~t~!{ ). /..p ~ , Q'( ~ ,lAND USE CHANGE ~T .,., APPLICATlON"FOR~'~': .... '. '. ...".. 7' . '. . " .~ .. ". .....
Ci .•. '." · . . .. · .. P •.. -.. ,,, .... .. 0 Location and Extent Review 0 Development in lOO-Year Floodplain 0 Designation of Flood Fringe/Floodway .. ------0 Rezoning \ OZone DistrictO
PUD 0 PUD Amendment ,~ O ULUR Text Amendment 0 Appeal of Administrative Interpretation -A 1041 Regulations o Variance ---:;',", '. ' ". ,-' ' .. : .. .• "~ .. -. -. ", ._--.-. F. Phone:
(859 )585-3867 State: Co Zip Code: 80112 Phone: ( ) State: Zip Code: ."~ . ""y .. ' '.' ' .. " ',', ,.'<" ' .. ', .'. . Assessor's Parcel Number: dt.~ J,.l-ZL-Li--..flu --D-L LQ Physical/Street
Address: IbS I ~ !\e.£.\C eJ /J-, t' a~ h(l l; Legal Description: ~ )Q.UJ ~U ct\Q, tQ) . '?\ I loLl!] Zone District: rpl AL~ ~J Property Size (acres):
P ROJECT DESCRIPTION -> ....,.....,. • h ...".--'C,,,( .: , . ,:i, , .",,, ·,.v ... ," Existing Use: CELL SITE TOWER, PROVIDE WIRELESS SERVICE TO SPRINT COSTUMERS FOR THIS AREA Proposed
Use (From Use Table 3-503): Description of Project: EXCHANGING ANTENNA, MAINTENANCE CHANGE R~QUEStFORWAIVERS i .. " C," ," . ,j,: ,'. "J) " J' .c,. ,.c, . ' ' .' Submission Requirements
0 The Applicant requesting a Waiver of Submission Requirements per Section 4-202, List: Section: Section: Section: Section: Waiver of Standards 0 The Applicant is requesting a Waiver
of Standards per Section 4-117, List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate
to the best of my knowledge. _~Ad(~_-__ _ 3/26/13 Signature of Property Owner Date OFFICIAL USE ONLY . " ', . -' ,. . .~, L.\' A-11 File Number: ~ -~ s ~.ll Fee Paid: $ 1~.~
=e Garfield County Community Development Department 108 8'" Sh'eet, Suite 40 I Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com TAX PARCEL NUMBER: 2123·314·00·016 DATE:
March 22, 2013 PROJECT: Burning Mountain Land & Cattle LLC Communication Facility OWNER/OPERATOR: Burning Mountain Land & Cattle LLC/SBA Towers II LLC REPRESENTATIVE: Michele Copley,
SBA Towers II LLC PRACTICAL LOCATION: 1051/2 E. Alkalai Creek Road, south of the Town of New Castle, Section 31, T5S, R90W ZONING: Rural TYPE OF APPLICATION: Amendment to an Approved
Land Use Change Permit I. GENERAL PROJECT DESCRIPTION The SBA Communications (SBA) is currently leasing space to serve Sprint on the telecommunication tower located on the Appl icant's
property. SBA wishes to change out the existing antennas and replace them with new ones of similar size and design. No other modifications to the tower or subject site are proposed with
this amendment. As per Article 4, Section 4-106 of the Garfield County Unified Land Use Resolution of 2008, as amended, amendments to a Land Use Change Permit requires an Applicant to
submit an application in order to determine if the proposed amendment is a minor or major modification. Below the Amendments to an Approved Land Use Change Permit review processes, submittal
materials, and application fees are discussed. II. REGULATORY PROVISIONS APPLICANT IS REQURED TO ADDRESS • Garfield County Comprehensive Plan 2030 • Garfield County Unified Land Use
Resolution of 2008, as amended (ULUR) • Amendments to an Approved Land Use Change Permit (Section 4-106) • Tables contained in 4-102, Common Review Procedures; and 4-201, Submittal Requirements
Page 1 of 3
III. REVIEW PROCESS 1. Pre-applicatian Conference. 2. Application. 3. Determination of Completeness. 4. Evaluation and Determination bv Director. IV. SUBMITIAL REQUIREMENTS Amendments
to an Approved Land Use Change Permit -Table 4-201 lists General Application Materials (Application Form, Statement of Authority, Letter of Authorization, and Fee) and narrative addressing
Article 4, Section 4-106 (C) of the ULUR. As per Section 4-201 (B), the Director may request additional submittal information to adequately review an application. This information includes:
1. Pre-Application Conference Summary 2. Payment Agreement Form 3. Deed showing ownership of property by Burning Mountain Land & Cattle LLC • The Boundary Line Adjustment legal descriptions
(pages 3-5 of Reception No. 511960) are necessary to understand the proper legal description of the parcel; but they do not demonstrate ownership of the property by Burning Mountain
Land & Cattle LLC. 4. Recorded "Statement of Authority" for Russell Talbott, as Manager of Burning Mountain Land & Cattle LLC, authorizing him to act on behalf of the entity/property
owner. 5. Lease Agreement • A Letter of Authorization is NOT necessary for this application because Section III of the Lease gives the Lessee the authority to modify its existing structure.
• The reason I'm asking for a SOA for Russell Talbott is because he's the one who signed the Lease on behalf of Burning Mountain Land & Cattle LLC. • Proprietary Information (such as
payment terms) may be redacted from the Lease. 6. Documents demonstrating the legal relationship between NTCH-Colorado, In., the Lessee, and SBA Towers II, LLC, the applicant (and apparently
the current Lessee). 7. Resolution approving the communication tower • This is important because Section II of the Lease states that it is conditional upon the Lessee obtaining construction
approval from Garfield County; and without such approval, the Lease is terminated. 8. Plan set that illustrates what is being proposed. The plans need to be stamped by a qualified engineer
registered in the State of Colorado or a letter from this engineer stating that the plan set was reviewed and approved by him or her. Submit three (3) paper copies and one CD. Additional
copies may be requested upon determination of completeness. V. APPLICATION REVIEW a. Review by: b. Public Hearing: c. Referral Agencies: Director/Staff for completeness and determination
.lL Director Review/Determination _ Planning Commission _Board of County Commissioners _ Board of Adjustment Not applicable. Page 2 of 3
VI. APPLICATION REVIEW FEES a. Planning Review Fees: $ 300.00 b. Referral Agencv Fees: $ TBD -consulting engineer/civil engineer fees c. Total Deposit: $ 300.00 (additional hours are
billed at $40.50 /hour) General Application Processing Planner reviews case for completeness. Planning Director reviews application and makes a determination. The pre-application meeting
summary is only valid for six (6) months from the date of the written summary. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary
is based on current zoning, which is subject to change in the future, and upon factual representations that mayor may not be accurate. This summary does not create a legal or vested
right. Pre-application Summary Prepared by: 3/;)2/3 ate Page 3 of 3
c::E' Garfield County STATEMENT OF AUTHORITY Pursuant to C.R,S, §38-30-172, the undersigned executes this Statement of Authority on behalf of SBA Towe,s II, LLC , a Florida (corporation,
limited liability company, general partnership, registered limited liability partnership, regi stered limited liability limited partnership, limited partnership aSSOCiation, government
agency, trust or other), an entity other than an indiVidua l, capable of holding title to re,,1 property (the "Entity"), and states as follows: The name of the Entity is -,S.B:::A,-,-T,-O::V-,':":-'=
S-:II,;'. .:L:cL:-'-C ____________________ _ and is formed under the laws of _F-:o'l '_iU_ _" _________ ____ _ ________ The mailing address for the Entity is _59D_O_B_ro_ke_"_S_o_un_d_P_
a,_k'_'A-,-Y_N, W, _____________ _ Boca Raton, FL 33487-2797 The name and/or pOSition of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title
to real property on behalf of the Entity is Jason Silberstein Sr. Vice PreSident, Property Management The limitations upon the authority of the person named above or holding the pOSition
described above to bind the Entity are as follows (if no limitations, insert "None") : _ _ N_ON_E _________ _ Other matters concerning the manner in which the Entity deals with any interest
in real property are (if no other matter, leave this section blank): _ _____ ______________ _ EXECUTED this ~ day of _--'M= 8:r..c; "'h'--_ _ ____ , 20~, /.....--" --' Si gn ature: -7",'::/,.;'-:,--7
/-'; = --' :/-:~_:c.-c:-_:_:_-------Name (printed): Jason Silberstein Title (if any): Sr Vp Property Management STATE OF FLORIDA ) )55, COUNTY OF PALM BEACH ) Witness my hand and official
s al. ( , My commission expires: -,'--l'-+'I--)'~'--'L_"-~:"_\.y'"''"~ {_'_ I../L~· (U-'-'-'_~~.J~l' =_ , (Notary Public) [SEALi
~_ G_a_r_fi.e . _l~ _d_ C_{_}l_In_('! y.-.--J1 PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY" ) and Property Owner ("APPLICANT") SBA Communications ________ _ _ ________ ___ _____
___ _ agree as follows: 1. The Applica nt has submitted to the County an application for the following Project: __ _ Remove I replace existing antennas to existing structure. 2. The
Applicant understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type application, and the guidelines for the administration
of the fee structure. 3. The Applicant and the County agree that beca use of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full
extent of the costs involved In processing tile application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs
to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall
be in addition to and exclu sive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application
or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County
to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prio r to the final consideration by t he County of any l and Use
Change or Divi sion of land. I hereby agree to pay all fees related to this application: Billing Contact person:_D_e_n_ise F_u_"_e_r _ ___ ____ Phone: (720 ) 666-4976 Billing Contact
Address: 11777 Meadowood Lane City: Parker Billing Contact Email: dflter@sbasite.com State: CO Zip Code: _8_0_138_ __ _ ( '----"printed Nam of Perso f uthorized to Sign: _D_e_ni_s_e_F_u
Ile_r_ ____ _ ______ ___ I L------" -, I \ , ) ./May 22, 2013 (Date)
h . " I 1IIIfi 11111 111111 111111 III 11111111111111111111 11111111 .578604 04/03/2001 02,21P 81242 P354 M ALSDORF • 1 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO • STATE OF COLORADO ) •
• )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse,
in Glenwood Springs <in Monday, the 19th of March 2001, there were present: _"'Jo"'hn""-'M"""a. r.t.. i.n '--____________" Commissioner Chairman _bL!.!!anyll.,Y....,M"'c"'C""o"-'w"'n<L-__
-:-_-,-______ , Commissioner _-"W,.,a""lt"--S"'t"'o"'w..,e'--___.( .a.." "b""se"'n",t)L-_____" Commissioner _bD"ownuD"'e"'P"o!l.rd"-____________ , County Attorney ~" ""Mi"'·I"'d"-'re""d'-'A1"""sd""o"
'rf'--_________ ~, Clerk of the Board _bE"'d..,Gr"-'-'e"'"en"--_____________ , County Administrator when the following proceedings, among others were had and done, to-wit: RESOLUTION
NO. 2001-17 A RESOLUTION CONCERNED POR THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR ONE (1) 100-FOOT TELECOMMUNICATION TOWER. WHEREAS, the Board of County Commissioners of Garfield
County, Colorado, has received an application from NTCH Colorado, Inc for a special use permit to allow for the approval of one (1) 100-foot telecommunication towers. WHEREAS, the Board
of County Commissioners of Garfield County, Colorado, held a public hearing on the 19th day of March, 2001 upon the question of whether the above described telecommunication tower should
be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said special use permit; and
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following
determination off act as listed below: A. That proper public notice was provided as required for the hearing before the Board of County Commissioners; B. That the hearing before the
Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting; C. That
for the above stated and other reasons, the proposed special use permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens
of Garfield County;
., ;: '1111ill"lIl11 -1111111111111111111111111111111111111111111 578604 04/03/2001 02.21P 81242 P355 M ALSDORF ,', 2 of 3 R .0,00 0 0,00 GARFIELD COUNTY CO • • • D. That the application
is in conformance with the Garfield County Zoning Resolution of 1978, as amended; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado that
the NICH Colorado, Inc. tower is hereby approved subject to compliance with all of the following specific conditions: 1. The applicant will allow future co-locations. 2. This facility,
including the tower, will be painted to blend in with the background, the color will be approved by tile planning department. 3. If the tower becomes dormant for more than .six months
either the tower owner or the landowner is required to remove the tower at their expense. 4. That all representations of the applicant, either written or stated at the hearing before
the Board of County Conunissioners, shall be considered conditions of approval 5. That the applicant will meet all requirements of the Garfield County Zoning Resolution of 1978, as amended.
Dated this 2nd day of April, AD. 200 I GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS, GARFIE COUNTY, COL01~~(;t:;::=-...:> 'Upon motion duly made and seconded the foregoing Res following
vote: ~~Q~M~MwT~S~SuT~QilNuE~R~C~H~A~T~R~M~A~N-ll,T~O~H~NL4F~~M~AaRttXT~T~N _____________________ ., Aye COMMISSIONER WALTER A. STOWE Aye C~O~M~M~IS~SI~O~NE~R~ ~LA~R~R~Y -L-.--MC-C-OW-N--------------
------., A ~~ ___ ~ _ ~~~~~~~~ ___________________________ ., ye STATE OF COLORADO ) )ss County of Garfield ) I, , County Clerk and ex-officio Clerk of the Board of County Commissioners,
in and for the County and State aforesaid, do hereby certifY that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners
for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this __ day of , A.D. 2001
" 1111111 111111111111111111111111111111111111111111111111 578604 04/03/2001 02:21P B1242 P356 M ALSDORF .' 3 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO • County Clerk and ex-officio Clerk
of the Board of County Commissioners • •
.. 787099 06/10/2010 12:56:26 PM page 1 Of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $6.00 Doc Fee: $0.00 eRecorded STATEMENT OF AUTHORITY (38-30-172, C.R.S.) 1. This Statement
of Authority /Illates to an entity named Bwnins Mountain Land & CaUl •• LLC. And is executed on bebalfoftheenlitypursuant to thoprovisiontofSection 38·30.172. C.R.S. 2. The type of entity
is a: Umited Liability Company 3. The mailill&addross for the entity is: % ,'7' CA"«i1'A 'A'D"b" ~O\ 4. The entity is fonned ander the laws oft ""C~o~lo~rad=o ___________ _ S. The name
of the pellOll(S) authorized to execute ;"'trwnents conveying, encumbering, or otherwi , •• _.rlft. title III rtal property OIl behalf of the entity is: . Russell L. Talbott The authority
of the forogoill& jlerson(s) to bind theentily I. I2l1 Not limited OR 0 LImited as follows: 7. Other matters conceming the manner in whioh the entity desIs with interest in teal property:
Dated this 1111'-d.YOf __ ~"ZP(O. Burning MOWltain Land & c~ 4"7«)-=:r~ --• Russeii~lbott • Stattof (!.ofora.40 ) COunty of qCldidJ ~SS. On II'!JY dayof W'!:t$n .:JI>JO .hefo/llmo,theundersi8lled,per
sonallyappeared • as the Trustee of Buming M lain LlInd & Caule, LLC. Wibtess my hand and official scsi. '7r1adh;,d~ Notary Public My COCf;i9iiOn expires: /11-;Jo/l) ,. .,,. . ' .
,. .. ' /',-: -. Reorganized CF&ISteeICorporatioD, a Colorad<icorpor~tion STATE OF COLORADO ) ) ss . . COUNTY OF PUEBLO ) . ,~ .. ':-.\~'I('III:'It:· ..', . . ...• ~ . ' ~,<$li!lJ~~i~!iig
instrument was acknowledged before me this ..?de-' day ofDecember, 1994, by _ ",iplt.vi!rHqUghtOlr!lS.-'Responsible Officer of Reorganized CF&I Steel Corporation, a Colorado ........
>... 'afidl ,r. T; )." --tr'>.';~~1s&fu; MnH, a~d dfncial seal. .' ., .. .. ~ ·.':':.:r~tl\~~'I\. U C l..\:>.~,::~ ... :. . .' ~,:¥Y~~_i~iOti'e~piies: _L/~-,2<>.L.f=J,.9."':6::.... ____
, ~' -: .. ; .•• ~ ~ ~mllll· "., ... WOS.J,IVZ0l')4 RETURN TO: Stuver & George, P.C. Attn: Tom Stuver .. 120 W. 3rd ··J;I-l-Fl .... "n Ou:.r:;." ,-',' , '.', .. ;':
. ' ,~-?:':' , . '. _:,'-. EXHffiIT "A" to . QUIT CLAIM DEED between ReorgaDized Cl'8I:1 Steel Corporation and BUrning Mountain Lijiid 81: Cattle, L. L. C. County of Garfield, State
ofColora<\o: Township 5 South. Range 90 West· 6tbP. M .. S~tion ~ I: Coal only in thatpE\rtofN/28W/4lying south of north bai,lkof Colorado River andillso ·t!:tatpart lyirig east of west
bank ()fEl~Cieek,less 4;897 acres to Iiighway . ,W}S-I, Jll1011N Surflll;e and mirieralsiri that part of the SE/4NW/4lying west 'of the westbankoH!lk . Creek, excepfthesurface of3.0acresto
S. E. WiIsoidn the SEl4NW/41ying in the bimd ofabandoried Elk Creek channel described as fo1l9WS: bounded onNorth; Eastand South by Elk Creek, as Elk Creek is iocated and sllOwnon theplatofTo~ofNew
Castle dated June 24,1887, and recorded in Plat Book lat Page8!!nd 9, Garfield County records, and QOundedon the West by the retaining wall alongthe easterly side of .. the present channel
of Elk Creek as s.aid retaining wail is now located and coristructed. Coal only under that part ofSE/4NW/41ying east of west bank of Elk Creek Coal only under SW/4NE/4, NW/4SE/4 That
part ofN/2SW/4lying west of west bank o.fElk Creek and north of north bank of Colorado· River,' . except the surface of 5.921 acres of the Denver and RioGrande Western Ririlroad Company,·
. except the surface of 2.43 acres to the Garfield County School District No. RB-2 as described in Quit Claim Deed from CF8I:1 Steel Corporation dated November II, 1976, and recorded
November 12, 1976, in Book 490 at Pl)ge 253, and except 5.463 acres of surface and minerals in N/2SW/41ying north of the Colorado River to the Colorado Department of Highways by a Condemnation
Rule and Order, Civil Action No. 6656, issued by the Garfield 'County District . Court on December 2. 1977 and recorded January 17. 1978 in Book 505 at Page 14 S/2S/21ess .182 acres
in SW/4SW/4 and .021 acres in SE/4SEl4 to highway SW/4NW/4less surface of 24.498 acres to School District RE-2 A-I ". '-. . :-~ ,--"~ , ." ." ': :,-:. ':.':.
'Serition 27:. S/2NE/4,NW/4, S/2 . Section 28: ··E/2 .. '. • , . .8ection34; NI2NE/4·· -:::: .. , ',' . . "' ' " '-"'"', "' -' .. , ." .... Section 35 : .NI2, N/2Si;3/4 Iownshjp 5 g'outh,
Rru\ge91West,6tb PM, Section 35:. N/2,SW/4, NW/48E/4 /./20S.I,III1DIW SW/4SE/4 . . less 8.102 acre.sofsunacetotheDeriver!Uid Rio GraildeWe:neril Railroad Company. a~ described 'in Quit
Claim Deed -from CF&I Steel Corponition tei the D&RGW Ra.ilroad dat~d July. 20, 1967, \IIld recorded. iI). .. Book 391 at Page 192; less 2.45 acres of surface lying'southeastedyofthe
Colorado River as said river existed on March 1, 1965,toHaITY A, Talbott and Margllftlt TalbottbySta!!llqty . D~ed dated March 30,1965; arid i:ecordedin Book 365 alPage 199, . less 3
. .128 abres'ofsllrfatetoilici Coh>i'adoQepartrm:nioi"Highwaysas described in a SpeCial\\, m;rilllty ,DeedfrornCF &:1 Steel-Corporation 10 the Colorado . . Department ofHlghwl;lYs datedOctobet
I, W10, and'recorded inBoo~ 414 at· Page 466, and .. . . .. . . subject to right of way to Mountain States Telephone & Telegraph for buried cable over .012 acres NE/4SE/4 less .80 acres
of surface to the Denver and Rio Grande Western Railroad Company as described in Quit Claim Deed from CF&I Steel Corporation to the D&RGW Railroad datedJuly 20, 1967, and recorded in
Book 391 at Page 192, and . less 1.30 acres of surface to the Colorado Departlnent ofHigbway.s as described in a Special WarrantY Deed from CF&I Steel Corporation to the Colorado _ Department
of Higbways dated October 1,1970, aIld recorded in Book 414 at Page 466 . A-2 .'" '" . .: '~: .-, . ...... ,::,' :: ,'. . ".' .-.', , ", \ : -;.'!
... ;. .::.:: .. Th\\rDsbip6smitb.Rari~91Wesf6thP: M. .S ~ct. i6i. t2. : .. 'NEl4SE/4, W./.2. SW.l4. ...• ".,. N/2 'less i .J52'!icre$ i~toW )!lnd2 to'tile Colof!ido~ep~entof HjghWl!ysb~
Ii ,,' 'c:oiidellU1ationRule.an:dOi:d~r; civil MtjonNo '. 6656, j~sued by thi.Gaifield , "G.oUlltYP.i~trictG()\I1'tOii pecember 2, i 977:;111<1 ieqordedJanuliry i '7, 19i8in' Boeik505atPage
i4, al1d. ' ' . ',' , le,sSaP!!!91;Iof landsitu~tedintot 1 conveyec! tei LeonardE, Rippy inDeed " recorded May 29; 1990 in Bqok 78Qat Page 189 ' , TOWDShip5South. Range 9 iWest6thP.M."
.' . ' Sectioii 19: Oil and gas only in S12NW!4,N/2gW/4, S/2SEi4, ' . .. .. .. .. .. Sectitih29: Oil and gas ·only.l1). NW/4NW/4 Section 30: ·<,)il arid gas only ht NE/4NEl4 .. .. ..
Township Ii SoUth. Range 92 West. 6th RM. " Section 23: Oilaridga~ onliin. NE/4NE/4 . Section 24: Oil arid gas only Uilder illl of section, less 4.82 acres in Grass Va11eyReseivoiI"
in ' NEl4NE14' , Section 25: Oil and gas ,only in NW/4NE/4, N/2NW/4 Section 26: Oil and gas only in NE/4NE/4 Township 6 South. Range 90 West 6th P. M. Section 5: Oil and gas only in
S/2SW/4 Section 6: Oil and gas only in 8/2, 8/2NE/4, SW/4NW/4, and south 25 feet of 8 E/4NW/4 Section 7: Oil and gas only in NE/4, N/2NW/4 Section 8: Oil and gas only in N/2, N/2SEl4,NE/4SW/4
A-3 .. ' ... .: ... :":. : ....... ,." ; .. . . : .:.~ ': ":=:):.i~ :·····~:i ... . ; .... t:,·.'/~ -:;.< ...... -.
Seclion16: . Section 23: . Section 24.: ", -.: .. ": .. : ..... ... :~ .. . ,'(ii~:*~ll . :. ":}~:~::~~~ 1I0dpaitofSE/4 lying sbtith andwest of Driscoll Vern', . ,-,." -, .' -. ", ,'",_.
-',. ····OilandgasonlYinNW/4. . .. -". ", -,_. " 6ilandg~bnlY rn}iI2NEl4,NEl4NW/4 . . ~ .' '. Oil.andgl\il ~rtIYin NE/4;.EI2NW/4 011 iuldgils ollly ili~m .. ' '", .' . --. A-4 ..-,-.....
, '-.'.-: '.' . "':;,::,: .-".,-" .' ~';:'.~ ;..; ,~ .. :~ . ":",'; ., :>/( .. -'-::';~:~-~ _.l' , ,.,,"-, ~' . . .... ':.
· . ."1 MI'i.'W.UVIIHljINi'I~III~1.,r.~rfJlll""*'~ 11111 ReQeptjon~: 746012 04/04/2009 04:26:43 PM Jean Alberioo 1 of 7 Reo Fae:$36.00 000 Fee;O.OO GARFJ~LO COUNTY CO This Instrument
was Dreaared bv When recorded return to: At'll I Q r./n June Smith, LandAmerica~~U 5 Concourse Parkway, Suite 1425 Atlanta, Georgia 30328 11 ::r I 00 R '1-ASSIGNMENT AND ASSUMPTION AGREEMENT
This Assigrunent and Assumption Agreement (this "Assignment") is made as of December ~/P,aoo1 ("Transfer Date"), by and among NTCHCOLORADO, INC., a Colorado corporation ("Assignor");
and SBA TOWERS II LLC, a Florida limited liability company (the "Assignee"), to-wit: RECITALS A. Assignor and Assignee entered into a Purchase and Sale Agreement, dated as of September
28, 2007 (the "Purchase Agreement") whereby Assignor has, among other things, agreed to assign all its right, title and interest in and to the GroUlid Lease (as defined on Exhibit "A")
to Assignee and to sell and convey to Assignee all improvements thereon, including all communications towers or monopoles on the Real Property (as defined on Exhibit "B"). Capitalized
terms used herein that are not otherwise defined have the meanings ascribed to such tenns in the Purchase Agreement. B. This Assigrunent is made and delivered in accordance with, and
as additional documentation of, the Purchase Agreement, and to effect the tnmsfer by the Assignors to the Assignee, and the assumption by the Assignee, of the Ground Leases and other
interest identified in the Purchase Agreement. NOW, THEREFORE, KNOW BY THESE PRESENTS, that subject to and as more fully set forth in the Purchase Agreement; As of the Transfer Date,
Assignor hereby assigns and transfers to Assignee and its successors and assigns all of its right, title, claim and interest in, to and under (i) the Ground Lease (ii) all Appurtenant
Property relating to the Real Property, (iii) all Easements benefiting the Real Property, and (iv) all Improvements constructed on the Real Property or the Easements. Assignee as of
the Transfer Date hereby accepts the foregoing assignment and assumes all of the Assignor'S obligations under (i) the Ground Lease (ii) all Appurtenant Property relating to the Real
Property, (iii) all Easements benefiting the Real Property, and (iv) all Improvements constructed on the Real Property or the Easements. Site lD: CO I 0470-A, Extension Cord 1
1111 MO\ ""rvIIHl!IN'I!I'.I~I~WHli, t'II~ 1rI!li,~'~ 11111 Receptlonn: 746012 04/04/2008 04:26:43 PM Jean Rlberico 2 of 7 Reo Fee:$3B.00 Doc FeB:O.QO G~RFIELD COUNTY CO Assignor warrants
and represents that it is duly organized, validly existing and in good standing under the laws of the state of its incorporation, that it has the full corporate power to execute, deliver
and perfonu this Assignment and all other agreements and documents to be executed and delivered by it in connection with the Purchase Agreement and all other agreements and documents
to be executed and delivered by it in connection therewith. Assignor covenants with the Assignee that Assignor will take all such further actions, execute and deliver all such further
documents and do all other acts and things as the Assignee may reasonably request for the purpose of carrying out the intent of this Assignment. The Assignee covenants with the Assignor
that the Assignee will take all such further actions, execute and deliver all such further documents and do all other acts and things as the Assignor may reasonably request for the purpose
of carrying out the intent of this Assignment. Nothing contained in this Assignment will be deemed to supersede, modify, limit or amend any of the rights, obligations or agreements of
the Assignee or the Assignor under the Purchase Agreement. If any conflict exists between the tenus of this Assignment and the terms of the Purchase Agreement, the tenus of the Purchase
Agreement shall govern and control. This Assignment is delivered in accordance with and subject to the tenus and provisions of the Purchase Agreement. Except as specifically provided
for in the Purchase Agreement, Assignor makes no warranties or representations, implied or otherwise, of any nature with respect to Assignor's right, title, claim and interest in, to
and under any of Assignor's rights, title, claims and interests which are the subject of this Assignment. This Assignment shall be governed by and constmed under Florida law, without
regard to conflict of laws principles. No supplement, modification or amendment of this Assignment shall be binding unless made in a written instrument which is signed by all of the
parties and which specifically refers to this Assignment. This Assignment may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together
shall constitute one and the same document. [The remainder of this page intentionally left blank. Signatures to follow.] 2 Site 10: C010470·A, Extension Cord
1III MO\~NiIHlI,~~ INII~lftIi",",NII'~"II.~I~ 11111 R.ception~: 74B012 04/04/2008 04:26;43 PM Jean Alberico 3 of 7 Reo Fee:$36.00 000 Fee:O.OO GARFIELD COUNTY CO Executed as ofthe date
first written above. WITNESSES ASSIGNOR: NTCH-COLORADO, INC., a Colorado £orporation County of iDS ,fauCOLS 5S •. On this ;) r: f day of Dc'CEl'Y! AGe , 2007, before me, the undersigned,
a Notary Public, in and for said State, personally appeared ()/Enid! lSHI /JII-~ft ,known to me, Of iEl8Dlisea to me aD tile basis ofsatisfuctOij e9'idcIiCe, to be the adlEr e/fIJ/ttJCI
fI t..-Ornac..g g of the corporation that executed the instrument and that the foregoing instrument was signed on behalf of said corporation by authority of a resolution of it's board
of directors and acknowledged to me that such corporation executed the same. WITNESS MY HAND AND OFFICIAL SEAL. (SEAL) Notary Public Residing at: My Commission expires: S FP T, /01400
R 3 Site ID: C010470·A, Extension Cord
1III F!'JI'j,~~IIMlII~I*',~l*lfr.fll' MI'llft'I.~liI 11111 Reception~; 746012 e4/04J200B 04:26:43 PM Jean Alberico 4 of 7 Ree Fee:$36.00 Doc Fee:O.OO GARFIELD COUNTY CO WITNESSES BY~
Print~ ~. By:Ctful~ Print Name: STATE OF FLORIDA } COUNTY OF PALM BEACH } ASSIGNEE: SBA TOWERS II LLC, a Florida limited liability company By: 4 .. ...""'--Name: Thomas P. Hunt Title:
Senior Vice President & General Counsel The foregoing instrument was acknowledged before me this ~ day of txutnbe.r, 2007 by Thomas P. Hunt, the Senior Vice President and General Counsel
of SBA Towers II LLC, a Florida limited liability company, on behalf of the company. He is personally known to me or has produced (type of identification) as identification. NoQ~~ Print
Name: My Commission Expires: 4 Site ID: CO I0470-A, Extension Cord
./11 MI"I. ~~J,HlU"'j I~U~I+1~Mit' ~1~1+i'~11i 11111 Reeept1on#: 746012 04/04/2008'04;26:43 PM Jean Alberico 6 Of 7 Reo Fee:$36.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT "Bn Legal Description
6 Site!D: COI0470·A, Extension Cord
· . 11111'I'l. fIr.I~I,l'tIl,rtU'oIIl',~lIKrII',*,~,IM m'lI 11111 Reeeption#: 746012 04/04/2008 04:26:43 PM Jean Alberico 1 of 7 Ree Fee:$36.00 Doc Fe8:0.00 GARFIELD COUNTy CO BOUNDARY
DESCRIPTION EXTENSION CORD A parcel of land located in the. Southeast Quarter (SEY4) of Section 31, Township 5 South, Range 90 West of the 6th Principle Meridian in Garfield County,
Colorado and being more particularly described as follows: Sy, Sy, SEY. Section 31, T5S, R90W, 6th PM, Garfield County, Colorado LEASE BOUNDARY DESCRIPTION A parcel ofland located in
the South Half of the South Half of the Southeast Quarter (S Yo Sy, SEI(.) of Section 31, Township 5 South, Range 90 West of the 6th Principle Meridian in Garfield County, Colorado and
being more particularly described as follows: Commencing at the South Quarter comer of said Section 31, whence the Northwest comer of Section 3, T5S, R90W, 6th PM bears South 89 degrees
17 minutes 03 seconds West, a distance of 1825.75 feet for a basis of bearings, with all bearings contained herein relative thereto; thence North 27 degrees 20 minutes 04 seconds East,
a distance of 458.07 feet to the POINT OF BEGINNING; thence North 14 degrees 36 minutes 53 seconds West, a distance of 61.30 feet; thence South 88 degrees 57 minutes 47 seconds East,
a distance of 60.27 feet; thence South 06 degrees 41 minutes 44 seconds East, a distance of 49.60 feet; thence South 79 degrees 56 minutes 57 seconds West, a distance of 51.36 feet to
the POINT OF BEGINNING. Said parcel containing an area of 0.070 acres, as described.
SitelD: C01047~A-03 Site Name: Extension Cord Lessee Site ID: DE05AL526 Lessee Site Name: Alamosa AMENDMENT TO ANTENNA COLLOCATION LEASE AND MICROWAVE SHARING AGREEMENT MULTIPLE SITES
THIS AMENDMENT TO ANTENNA COLLOCATION LEASE AND MICROWAI(~SHARING MENT MULTIPLE SITES (hereinafter "Amendment") is made as of the ~ day of " , 2013, by and between SBA TOWERS" LLC, a
Florida limited liability company (ha einafter "Lessor') and ALAMOSA PROPERTIES, L.P., a Texas limited partnership (hereinafter "Lessee") (each referred to hereinafter as a "Party" and
collectively referred to as the ·Parties"). WHEREAS, NTCH-Colorado, Inc., a Texas corporation and Lessee entered into an Antenna Collocation Lease and Microwave Sharing Agreement Multiple
Sites as dated September 1, 2005 and as last executed on January 3, 2006 (the "Agreement") pursuant to which Lessee leases a portion of the tower site located at 105 Yo E Alkalai Creek
Rd, New Castle, CO 81647; and WHEREAS, on November 1, 2011 the Parties entered into that certain Omnibus Agreement whiCh, among other things, amended certain terms of the Agreement,
and which was subsequently amended on December 16, 2011 (collectively, the "Omnibus Agreement"); and WHEREAS, NTCH-Colorado, Inc. and Lessor entered into an Assignment and Assumption
Agreement dated December 26, 2007; and WHEREAS, Lessor and Lessee desire and intend to amend and supplement the Agreement as provided herein. NOW, THEREFORE, for good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the parties hereto covenant, agree and bind themselves to the following modifications to the Agreement: 1. Paragraph 6(al
of the Agreement is hereby amended to increase Lessee's rent as follows: The current monthly rent shall be increased by Four Hundred Fifty and 001100 Dollars ($450.00) effective upon
the date Lessee commences installation of ~s amended equipment. Rent, including any and all Rent increases, will be escalated in accordance with the Omnibus Agreement. 2. Lessee Facilities
as defined in Paragraph 7(8) of the Agreement are hereby amended in accordance with Item 4 below. 3. Paragraph 21(d) of the Agreement is hereby amended to reflect Lessor's current notice
and rental payment addresses and Lessee's current notice and with a copy to addresses as follows: LESSOR'S NOTICE ADDRESS: SBA Towers II LLC 5900 Broken Sound Parkway N. W. 2"' Floor
Boca Raton, Florida 33487-2797 Attn: Site Administration RE: C010470-A-03/Extension Cord LESSEE'S NOTICE ADDRESS. SprinUNextel Property Services Mailstop: KSOPHT0101-Z2650 6391 Sprint
Parkway Overland Park, KS 66251-2650 Sponl. Neldel Amend. 3 February 20, 2013 PAYMENT ADDRESS: SBA Towers II LLC P.O. Box 933730 Atlanta, GA 31193-3730 Attn: Accounts Receivable RE:
C010470-A-03/Extension Cord WITH A MANDATORY COPY TO: SprinU Nextel Law Department Mailstop: KSOPHT0101-Z2020 6391 Sprint Parkway Overland Park, KS 66251-2020 Attn: Real Estate Attorney
Site 1 D: COl 0470·A·03 Site Name: Extension Cord Lessee Site ID: DE05AL526 Lessee Site Name: Alamosa 4. Exhibit B -Legal Description of Premises, Illustration of Lessee Facil~ies attached
to the Agreement is hereby deleted in its entirety and replaced with Exhibit B -Lessee Facilities List attached hereto and a part of the Agreement. 5. The Parties acknowledge and agree
that the intent of this Amendment is solely to amend certain terms of the Agreement and, in no way, does this Amendment amend the Omnibus Agreement. 6. Capitalized terms not defined
in this Amendment will have the meaning ascribed to such terms in the Agreement. 7. This Amendment will be governed by and construed and enforced in accordance w~h the laws of the state
in which the Premises are located without regard to principles of conflicts of law. 8. Except as specifically set forth in this Amendment, the Agreement is otherwise unmodified and remains
in full force and effect and is hereby ratified and reaffirmed. in the event of any inconsistencies between the Agreement and this Amendment, the terms of this Amendment shall take precedence.
9. This Amendment shall be effective as of the date last executed by both parties. IN WITNESS WHEREOF, Lessor and Lessee have executed this Amendment to Antenna Collocation Lease and
Microwave Sharing Agreement Multiple Sites as of the date and year first above written. a N e: Jas ilberstein ~ ~ lie: Senior Vice President, Property Managem~...Ia Date: L(·15. i !>
1 Print Name:'J:,~tl(:iLf.'...k.::J.~~~!.!f-_ STATE OF FLORIDA } } COUNTY OF PALM BEACH } BEFORE ME, a Notary Public of the aforesaid State and County, personally appeared Jason Silberstein,
to me personally known (or proved by sufficient evidence) who, being by me duly sworn (or affirmed) did say that he is the Senior Vice President, Property Management of SBA Towers II
LLC, a Florida limited liability company described herein and that the instrument was signed on behalf of the Company, by authority of the Company and that he acknowledged this instrument
to be the free act and deed of the Company. WITNESS MY HAND and Notarial Seal on this I ,... \(.\:1I!k,~. ANGElAGAVAGNI f.'f~"j Commission # EE 203473 ~ i j Expires May 30, 2016 .. _
"_~Rr ..,..~•'.~ _· £l-onde-dfuu-TrwFa-lnln~-ooo.-385--70f9 ' Sprint. Nextel Amend. 3 Februa'Y 20, 2013 ,2013.
Site ID: CD10470-A-03 Site Name: E)denslon Cord Signed and acknowledged in the presence of: Print Name: -"'"<-"::'=f..--'t_-,,_~~=_ {}fA~ Print Name: a {M<;jr;n G-lElSh-: STATE OF ~S
} } COUNTY OF ~~ } Lessee Site ID: DE05AL526 Lessee Site Name: Alamosa LESSEE: ALAMOSA PROPERTIES, L.P., a Texas limited partnership By: ;;;;;:h~~ Name: Matthew Bell Title: MAnager Real
E!ltate Date: ___ -,-_-,-_-,-__ _ Lj if <:> /;;;J-o 13 BEFOR~:, a Notary Public of the aforesaid State and County, personally appeared ~5IAhow A to me personally known (or proved by
sufficient evidtj!!ce) who, being by me duly sworn (or affirmed) did say that he/sha. is the ~~ 'UfMJL of Alamosa Properties, L.P., a Texas limited partnership described herein EiIiCfth8ihe
instrument was signed on behalf of the Partnership, by authority of the Partnership and that he/Me-acknowledged this instrument to be the free act and deed of the Partnership. WITNESS
MY HAND and Notarial Seal on this ALLISON GIFFIN Notary Public. Stat.e of ~ans"8 My Appointment Expires Gh .45, .ib13 . Sponl. Nextel Amend. 3 February 20.2013 J VV' of f/J.ro L ~?fCV
Notary Public ,2013.
Site 10: C010470-A-03 Site Name: Extension Cord EXHIBITB LESSEE FACILITIES LIST Lessee Site 10: oE05AL526 Lessee Site Name: Alamosa Equipment must be installed, routed and stacked pursuant
to the GPO Group Structural Analysis dated January 30,2013. Antennas: Quantity: Type: Manufacturer: Model: Dimensions: Weight: Mounting: Base of the antenna: Centerline of the antenna:
Tip of the antenna: Orientation: Oowntilt: Mount Type: Cable: Numberof Lines: Type: Size: Dishes: Manufacturer: Modal: DimensionsiWeight: Mounting: MountType: Cable: Number of Lines:
Type: Size: Outdoor Units (ODUs): Quantity: ManufacturerlModel: DlmenslonsiWeight: Mounting: Remote Radio Heads (RRHs): Quantity: Manufacturer: Model: Dimensions: Weight: Mounting: GPS
Receivers: Two (2) Panel KMW ET -X-TS-70-1S-62-18-IR 73.8" x II.S" x 5.9" 41.9Ibs. At approximately the 97' height level, At approximately the 100' height level, and At approximately
the 103' height level. o -,, -0, -, Platform wi handrails, per Structural Analysis Two (2) Hybrid Fiber I" One (1) Andrew PF4-57W-NXA 4' 1104 Ibs. At approximately the 56' height level
Pipe Mount, per Structural Analysis One (1) Coax SIS" One (1) Dragonwave/Horizon Compact Plus 4" x 8.7" x 9.6" 17.5 Ibs. Behind Lessee's dish Four (4) Total Two (2) Samsung 310 RRHP4
23.6" x 13.78" x 6.95" 59.5Ibs. Wijh Lessee's antennas N/A Two (2) Samsung MBS RRHC2A 23.69" xIS. 75" x 6.73" 55.12Ibs. With Lessee's antennas Tower Mounted Amplifiers: (TMAs)N/A Ground
Space Requirements: Approximately 200 square feel (10' x 20') Lessee provided Shelter/pad: Dimensions: 6' x 6' Type: Elevated pad Transmitters: NIA Sprint. Nextel Amend. 3 February 20,
2013
SitelD: C010470-A-03 Site Name: Extension Cord Transmitter Cabinets: Frequencies: N/A Transmit: Receive: ERP: N/A Transmitter Operating Power: N/A Generator: N/A sprtnt. Nextel Amend.
3 February 20, 2013 Lessee Site ID: DE05AL526 Lessee SIte Name: Alamosa 851-869,935-840,1930-1995,2496-2690 MHz 806-824,896-901,1850-1915,2496-2690 MHz
" (0 ~') • 1/1/MIi. .w.1~IJ),NU IHI',~! II«rJI~~~~ I,,~ ~I~ 11111 ReceptJon~: 746012 04/04/2008 04 26:43 PM Jean Alberico 1 of 7 Ree Fee:$36_00 Doc Fee-C.00 GARFIELD COUNTY CO This Instrument
was oreoared by When recorded return to: I'Ifl 18/".//\ June Smith, LandAmericatl' (-~U 5 Concourse Parkway, Suite 1425 Atlanta, Georgia 30328 11 ::t' /{;} 0 R 1-ASSIGNMENT AND ASSUMPTION
AGREEMENT This Assignment and Assumption Agreement (this "Assignment") IS made as of December ~, .. c2007 ("Transfer Date"), by and among NTCHCOLORADO, INC" a C~lorado corporation ("Assignor");
and SBA TOWERS II LLC, a Florida limited liability company (the "Assignee"), to-wit: RECITALS A, Assignor and Assignee entered into a Purchase and Sale Agreement, dated as of September
28, 2007 (the "Purchase Agreement") whereby Assignor has, among other things, agreed to assign all its right, title and interest in and to the Ground Lease (as defined on Exhibit "A")
to Assignee and to sell and convey to Assignee all improvements thereon, including all communications towers or monopoles on the Real Property (as defined on Exhibit "B"), Capitalized
terms used herein that are not otherwise defined have the meanings ascribed to such terms in the Purchase Agreement. B, This Assignment is made and delivered in accordance with, and
as additional documentation of, the Purchase Agreement, and to effect the transfer by the Assignors to the Assignee, and the assumption by the Assignee, of the Ground Leases and other
interest identified in the Purchase Agreement. NOW, THEREFORE, KNOW BY THESE PRESENTS, that subject to and as more fully set forth in the Purchase Agreement; As of the Transfer Date,
Assignor hereby assigns and transfers to Assignee and its successors and assigns all of its right, title, claim and interest in, to and under (i) the Ground Lease (ii) all Appurtenant
Property relating to the Real Property, (iii) all Easements benefiting the Real Property, and (iv) all Improvements constructed on the Real Property or the Easements, Assignee as of
the Transfer Date hereby accepts the foregoing assignment and assumes all of the Assignor's obligations under (i) the Ground Lease (ii) all Appurtenant Property relating to the Real
Property, (iii) all Easements benefiting the Real Property, and (iv) all Improvements constructed on the Real Property or the Easements, Site lD: CO 10470-A, Extension Cord 1
1111 WI. rt~M,HH ,1I'II',IU.l! ,I«Wr.fU',I'II~ ~'~'Y 1IIII Reception~: 746012 04/0412009 04:26:43 PM Jean Alberico 2 of 7 Reo Fee:$36 00 Doc Fee:0.00 G~RFIELD COUNTY CO Assignor warrants
and represents that it is duly organized, validly existing and in good standing under the laws of the state of its incorporation, that it has the full corporate power to execute, deliver
and perfonn this Assignment and all other agreements and documents to be executed and delivered by it in connection with the Purchase Agreement and all other agreements and documents
to be executed and delivered by it in connection therewith. Assignor covenants with the Assignee that Assignor will take all such further actions, execute and deliver all such further
documents and do all other acts and things as the Assignee may reasonably request for the purpose of carrying out the intent of this Assignment. The Assignee covenants with the Assignor
that the Assignee will take all such further actions, execute and deliver all such further documents and do all other acts and things as the Assignor may reasonably request for the purpose
of carrying out the intent of this Assignment. Nothing contained in this Assignment will be deemed to supersede, modifY, limit or amend any of the rights, obligations or agreements of
the Assignee or the Assignor under the Purchase Agreement. If any conflict exists between the tenns of this Assignment and the tenns of the Purchase Agreement, the tenns of the Purchase
Agreement shall govern and control. This Assignment is delivered in accordance with and subject to the tenns and provisions of the Purchase Agreement. Except as specifically provided
for in the Purchase Agreement, Assignor makes no warranties or representations, implied or otherwise, of any nature with respect to Assignor's right, title, claim and interest in, to
and under any of Assignor's rights, title, claims and interests which are the subject of this Assignment. This Assignment shall be governed by and construed under Florida law, without
regard to conflict of laws principles. No supplement, modification or amendment of this Assignment shall be binding unless made in a written instrument which is signed by all of the
parties and which specifically refers to this Assignment. This Assignment may be executed in mUltiple counterparts, each of which shall be deemed an original, and all of which together
shall constitute one and the same document. [The remainder of this page intentionally left blank. Signatures to follow.] 2 Site!D: COI0470-A, Extension Cord
1III WI. ~~!,MH IHIIIl'iI,~1+h"~~ II~II.~I~ 1IIII Reception~: 746012 04/04/2009 04:26:43 PM Jean Alberico 3 of 7 Rec Fee:$36.00 Doc Fee-C.CO GARFIELD COUNTY CO Executed as of the date
first written above. WITNESSES ASSIGNOR: NTCH-COLORADO, INC., a Colorado corporation By: ....II!!'-6~;-: Name: ~~==~~tL~fi~~ Title: __ -{..:.~~ ____ _ County of /, DS fuJG ElES ss. On
this ;; ;d day of hc'CE!11t3Et-,2007, before me, the undersigned, a Notary Public, in and for said State, personally appeared at rnA-I ISH/HAM, known to me, er iQ~RtiH8a 16 ·me SR tile
basis 6fsatisfaClOlj e,idcnce, to be the (J.HIlY PaJ/ttJct II t..-Dt;FI(.(;/2. of the corporation that executed the instrument and that the foregoing instrument was signed on behalf
of said corporation by authority of a resolution of it's board of directors and acknowledged to me that such corporation executed the same. WITNESS MY HAND AND OFFICIAL SEAL. (SEAL)
Notary Public Residing at: 9os1l3 My Commission expires: S FP T, 10 @O() R 3 Site ID: CO I 0470-A, Extension Cord
1111 m.fIf,l~III'III,~,~I,l«rIl"l'IfIi M'~ 'M~III I"" Reception~: 746012 04/04/2008 04:26:43 PM Jean Alberico 4 of 7 Ree Fee·,$36.00 Doc Fee 0.00 GARFIELD COUNTY CO WITNESSES BY~ Print~~Ef>
BY:~ Print Name: STATE OF FLORIDA } COUNTY OF PALM BEACH } ASSIGNEE: SBA TOWERS II LLC, a Florida limited liability company By: 4· .... ~-Name: Thomas P. Hunt Title: Senior Vice President
& General Counsel The foregoing instrument was acknowledged before me this~ day of txuinber, 2007 by Thomas P. Hunt, the Senior Vice President and General Counsel of SBA Towers II LLC,
a Florida limited liability company, on behalf of the company. He is personally known to me or has produced (type of identification) as identification. Notary Pubh Print Name: My Commission
Expires: Site [D: CO[0470·A, Extension Cord 4
1III WI~ ~N!,HI! 1rt1,~! ,~Wftllr'.~II,I~ ~Iy 1IIII Reception": 746012 04/04/2008 04 26: 43 PM Jean Alberico 5 of 7 Ree Fee:$36.00 Doc Fee 0.00 GARFIELD COUNTY CO EXHIBIT "A" The Ground
Lease That certain Lease dated September 15, 2000, by and between Burning Mountain Land and Cattle Company, LLC, a Colorado limited liability company and NTCH-Colorado, Inc., a Colorado
corporation as evidenced by that Memorandum of Lease dated January 19, 2001 and recorded on June 27, 2001 as Instrument Number 583385 in Book 1264, Page 405 in the Garfield County Recorders
Office, Garfield County, Colorado. 5 Site ID: C010470-A, Extension Cord
I'" 1lI'I. ~rvl,HlU"'j,~U~~~M't' "',L 'M~III I'"' Reception#: 746012 04/04/2008 04:26:43 PM Jean Alberico 6 of 7 Ree Fee:$36_00 Doc Fee:0 00 GARFIELD COUNTY CO EXHIB IT "B " Legal Description
6 Site!D: COI0470-A, Extension Cord
1III ~ ~"'!,HH ,roaM! J~!.~lI4I:i'I"V,*,\,IM ~,~ 11111 ~eceptjon~: 746012 04/()4/2"08 04:26:43 PM Jean Alberico 7 of 7 Reo Fee:$36 00 Doc Fee:0 00 GARFIELD COUNTY CO BOUNDARY DESCRIPTION
EXTENSION CORD A parcel of land located in the Southeast Quarter (SEV.) of Section 31, Township 5 South, Range 90 West of the 6th Principle Meridian in Garfield County, Colorado and
being more particularly described as follows: SY:z SY:z SEV. Section 31, T5S, R90W, 6th PM, Garfield County, Colorado LEASE BOUNDARY DESCRIPTION A parcel of land located in the South
Half of the South Half of the Southeast Quarter (8 Y:z SY:z SEV.) of Section 31, Township 5 South, Range 90 West of the 6th Principle Meridian in Garfield County, Colorado and being
more particularly described as follows: Commencing at the South Quarter comer of said Section 31, whence the Northwest comer of Section 3, T5S, R90W, 6th PM bears South 89 degrees 17
minutes 03 seconds West, a distance of 1825.75 feet for a basis of bearings, with all bearings contained herein relative thereto; thence North 27 degrees 20 minutes 04 seconds East,
a distance of 458.07 feet to the POINT OF BEGINNING; thence North 14 degrees 36 minutes 53 seconds West, a distance of61.30 feet; thence South 88 degrees 57 minutes 47 seconds East,
a distance of 60.27 feet; thence South 06 degrees 41 minutes 44 seconds East, a distance of 49.60 feet; thence South 79 degrees 56 minutes 57 seconds West, a distance of51.36 feet to
the POINT OF BEGINNING. Said parcel containing an area of 0.070 acres, as described.