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HomeMy WebLinkAbout1.0 ApplicationGarfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945 -8212 www.ga rfield-county.com ~--------· TYPE OF APPLICATION >---· -0 Admini strative Review 0 Limited Im pact Rev iew 0 Major Impact Review II Am e ndm en t s to an Approved LUCP Ill LI R 0MIR llJ SUP -· 0 Minor Tempora ry Hou si ng Facility 0 Vacation of a Co unty Road/Public ROW -· D Pip eline Development - ·--------0 Co mprehens ive Pl an Amendment D Major D Minor INVOLVED PARTIES ~. - Owner/ Applicant Name: Jann Ertl I Under lease to Atl as Tow er Mailing Address: 11 30 Francis Stree t City: Lon gmont , Co E-mail: - Representative (Authorization Required) Name: Geoff Squi er for AT&T Mailing Address : 75 92 S. Emerso n Circle City: Ce nt enni al E-mail : Geo ff.S qui er@gm ail.com PROJECT NAME AND LOCATION Project Name: AT&T Te lecommuni ca tion Fac ility Assessor's Parcel Number : 2 175-2 41 -00-0 32 - : ' I I I LAND USE CHANGE PERMIT APPLICATION f;ORM --D Location and Exte nt Review 0 Development in 100-Year Floodpla i n 0 Designation o f Flood Fringe/Floodway 0 Rezoning D Zone District D PUD D PUD Amendm e nt 0 ULUR Text Amendment 0 Appeal of Administrative Interpretation --0 -· 1q41 Reg ul atio ns D Variance D Time extens ion - Phone: ( ) State: CO Zip Code: 80501 Phone : ( 303 ) 98 1-3578 State: co Zip Code : 80 122 -------------- Physical/Street Address: Secti on 24, T6S, R94 W, off County Roa d 321, Rifl e Co 8 165 0 Legal Description: Section 19, T 6 South , R 93 West, Part of Lot 1 Zone District: Ru ra l Property Size (acres): 3600 SQ FT und er le ase .. PROJECT DESCRIPTION Existing Use: The underlying property is rnral in nature used for graz ing. The 3600 sq ft referenc ed for this project is subj ec t to a SUP for a telecommunication facility pennitted by and to be constmcted Atl as Tower. Proposed Use (From Use Table 3-503): _T_e_le_co_1_n_m_un_i_c_at_io_n_F_a_ci_li_ty _____________ _ Description of Project : At las Tower ha s pennitted a Telecommunications Fac ility in clud in g ground space and a tower for four ce ll carriers . AT&T wi shes to be on e of th e four ce ll carriers and install radio eq1tipmcnt o n the ground in a pre-fabricated strucn1re and antennas on the tower. The eq uipme nt would in cl ud e a backup generator. REQUEST FOR WAIVERS -· --Submission Requirements 0 The Applicant requ esting a Waiver of Submission Requirements per Section 4-202. Li st: Section: Section:---------------- Section: ______________ Section:---------------- >--·------------------ Waiver of Standards 0 The Applicant is r equest in g a Waiver of St and ard s per Sectio n 4-117. Li st: Section: ______________ Sectio n :---------------- Sectio n: Sec tion:---------------- I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. Geoffrey Squier Signature of Property Owner OFFICIAL USE ONLY D"l~tlly ~Jsln !-It by Geollfey Squl., ON: cn-.Gtolfrty 84Jlt<, o-AT &T, w , tmail-teo1'bq111trOgm 1il .com. c-US Dttt : 2014.0127 14:54;42.0700' 1/27/2014 Date File Number: SU A A:_ -t-B \O _ Fee Paid :$ ---------------·-----.. ----· 1/27/2014 Ms. Molly Orkild-Larson Senior Planner Garfield County Community Development 108 3th Street, Suite 401 Greenwood Springs, CO 81601 Dear Ms. Orkild-Larson: Please find enclosed: • Pre Application Summary . • Payment Agreement Form • Warranty Deed • LOA from Jan Ertl to Atlas • Lease from Ertl to Atlas • Lease from Atlas to AT&T • ZDs • Check for $300.00 Thank you, Geoff Squier TerraTectonics I contractor for AT&T Mobility 303-981-3578 Geoff.squier@gmail.com Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY '~roperty Owner ("APPLICANT"} Gfo.l'P1e-/ .5:J1t1ric Vt" {J < e S e-~ Jvi0 m_,<; C 1 agr~e as follows : 1. The Applicant has submitted to the County an application for the following Project : __ _ :(cl..-~("od?/YI V /11 C Q-f')v/l $17'/-!" (o )) £.?c aJ I(.?.<) 2. The Appl icant understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type app l ication, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascerta in the full extent o f the costs i nvolved in process ing the appl ic ation. The Appl icant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit addit ional costs to be b i lled to the Applicant. The App licant agrees to make add itional payments upon notification by the County, w hen they are necessary, as costs are incurred . 4. The Base Fee shall be in addition to and exclusive of any cost for publicat ion or cost of consulting se rv ice determined nece ssar y by the Bo ard of County Commissioners for the considerat ion of an application or additional County staff t ime or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Appl icant s hall pay additional billings to the County to reimburse the Cou nty for the proce ssing of the Pr oj ect. The Applicant ac knowledges that all billing shall be paid prio r to the final conside ration by the County of any Land Use Change or Divi sio n of Land . I hereby agree to pay all fees related to this application: Bill ing Contact Person :_.....G_e-;::....Jo<o....;..r _tJ__,_(.;...,E';,,_i _S:..::;..,J,9o;<-"'v'-"1_.fj-4C------phone : ( ?, t?'k )_ "I e ) > > 7 K Billing Contact Address: 7 )" q ~ S C c(?f?C>.11/2 G City : Ce4 f e!l/> 1 <'k I State: C12 Zi p Code: f°t?J 2, 2 , Pr inted Name of Person Authorized to Sign : UCc::> .rPYC); s;;.'7 1d e,c I (Date) 1111111 1111111111111111 11111111111111111111111111111111 705758 08/31/2006 12:37P 81837 P826 M ALSDORF 1 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO 1111111111111111111111111111111111111111111111111111111 ~~~:~r~??sp r-----·----=. Boulder County Clerk, CO WO R 11 00 D 0.i!U~ WARRANTY DEED The "Orantor" (whether cme ar more lhan one), Theo Ertl, as Trustee for the Jann Ertl Trust, under Trust dated Jeooary 25, 1964 who"° k:gol nddrcss is 229 Teny Street, L~mont, CO 80601 of the Colorado •cmm.ty of Boulder , for the cansidenHon of and State of Ten Dollars and ~er good and valuable OOllsideration -- - - ---- - -- -- - - --DOLLARS,($ 10.00 in hand pllld, hereby selh and conveys to Jann Ertl (whelhor °"" or mon: th11n one), die ''Grantee", whooe legal~ .. ia 11595 Quail Drive, Longmont, CO 80501 ), of lhe Connt:y of Boulder and State m Colorado , t.he followine re•l pmzwmy in tho •C'.onnfy of Garfield swe of Col<Iado, to wit: TownshipGSouth,Range 93 West,6lhP.M. Section 19: Lot 1, except a lract. 460' X 460' located in the SE comer of the NW4NW4 Township 6 South, Range 94 Wea, llh P .M. ... Section 13: A 13.10Aae lraa in the SE4SE4 Section 24: Lot 1 and the SE4NE4 also known by Blrllet addmss as: NA and assessor's schedule or parcel number: 217524100032 with oil lb appo.irtea8nces, mid wammts the Hde to die some, subject to NA -"City lllld" -oppi;:-. ond Ir I\ 1111111111111111111111111111111111111111111111111111111 705758 08/31/2006 12:37P 81837 P827 M ALSDORF 2 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO S'l1UE OF COWRADO Counl)I of Boulder 1111111111111111111111111111111111111111111111111111111 ~J6~~r~?:.. Boulclar County Clerk, CO WD R 11.00 0 '1.00 }··· Thi! foregoing insttnment was acknowledged before me this ,;l.O day of ~ ,2.0Q(... by im. aad Arldren of P"""10ea6"' Newly O..tod '-"811 Do!mlplloo (f 38-35-106.5, C.RS.) No • .im. a....1--06. !Po&• 2 on) f kc,<;<' IT .f_ -f l'i ,.,. .., To - JannEr11 11m Quall Road Longmoot. CO 80!501 October 29, 2013 Molly Orkild-Larson Garfield County Community Development 0375 County Road 352, Suite 2060 Rifle, CO 81650 ATLAS T()WERS l ISA • INTFRNATIONAI RE : AT&T Building Permit for Atlas Tower Communications Project Site Name: Rifle Rulison CoL1nty Road 321 Rifle, CO 81650 Parce l No. 2175-241-00-032 Dear Ms. Orkild -Larson : Please accept this letter of confirmation that Atlas Tower and any sub lessee of Atlas Tower, has full authority and permission of the land owner, Jan Ertle, under the terms and conditions of a certain ground l ease dated Apri l 11, 2012 between Atlas Tower and Jan Ertle, to apply for and obtain any governmental approval re lated to the use of the wireless communications site. Further, any and all rights Atla s Tower has from landowner to install equipment on the site and the tower inure to the benefit of Atlas Tower's sublessees, including AT&T, by the terms and condition s of the ground lea se. Accordingly, AT&T has permission of land owner to make submittals and install their equipment on the tower. Sincerely, ·---------- Mike Powers Director of Legal Affairs \ The Atlas Tower Companies Molly Orklid-Larson Planner Building and Planning Department Garfield County 108 81 " Street, Suite 401 Glenwood Springs, Colorado 81601 Re: ATLAS Tower USA, LLC -Rifle Rulizon Zoning Submittal Dear Ms. Orklid-Larson, October 25, 2012 I, Jann Ertl, have entered into a lease agreement with ATLAS Tower USA, LLC (ATLAS) for the development of a new telecommunications site on my property located on County Road 321 in Rifle. Per the terms of that lease agreement, I grant ATLAS Tower USA, LLC and its agents, including Tower Engineering Professionals, Inc., to file on my behalf for zoning and any applicable permits needed for the tower site. Thank you for your assistance with this project. Sincerely, 1130 Francis Street Longmont, Colorado 80501 LANDLORD: Jann Ertl 1130 Francis Street Longmont, Colorado 80501 TENANT: Atlas Tower USA, LLC 283 Columbine St. PMB#33 Denver, CO 80206 LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease") is made this lOth day of February, 2012 by and between Jann Ertl (the "Landlord"), whose address is 1130 Francis Street, Longmont, CO 80501 , and Atlas Tower USA, LLC (the ''Tenant"), whose address is 283 Columbine St., PMB #33, Denver, CO 80206. WHEREAS, the Landlord owns certain real property located in the County of Garfield , in the State of Colorado, that is more particularly described or depicted in attached Exhlblt 1 (the "Property"); and, WHEREAS, the Tenant desires to lease from Landlord a certain portion of the Property, more particularly described or depicted in attached Exhibit 2 (the "Premises"). NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree: 1. RIGHT TO LEASE. (a) Landlord grants to Tenant the right to lease a portion of the Property measuring approximately 40' X 60'(2400 SF) square feet as described in attached Exhibit 2, together with unrestricted access for Tenant's uses from the nearest public right-of-way along the Property to the Premises as described in the attached Exhibit 2 (collectively, the "Premises"). (b) From and after the date of this signed Agreement, for a period of eighteen months (the "Testing Period"), and at any time during the tenn of this Agreement, Tenant and its agents, engineers, surveyors and other representatives will have the right to enter upon the Property to inspect, examine, conduct soil borings, drainage testing, material sampling, and other geological or engineering tests or studies of the Property (collectively, the "Tests"), to apply for and obtain licenses, permits, approvals, or other relief required or deemed necessary or appropriate at Tenant's sole discretion for its use of the Premises and include, without limitation, applications for zoning variances, zoning ordinances, amendments, special use pennits, and construction pennits (collectively, the "Government Approvals"), initiate the ordering and/or scheduling of necessary utilities, and otherwise to do those things on or off the Property that, in the opinion of Tenant, are necessary in Tenant's sole discretion to detennine the physical condition of the Property, the environmental history of the Property, Landlord's title to the Property and the feasibility or suitability of the Property for Tenant's Pemtitted Use, all at Tenant's expense. Tenant will not be liable to Landlord or any third party on account of any pre·existing defect or condition on or with respect to the Property, whether or not such defect or condition is disclosed bv Tenant's insoection. (c) During the Initial Testing Period and any extension thereof, Tenant may commence the Initial Term of th.is Agreement by notifying Landlord in writing. If Tenant commences the Initial Tenn, then Landlord leases the Premises to the Tenant subiect to the tenns and conditions of this A~reement. 2. TERM. (a) This Lease shall commence on date Tenant begins construction at the site (the "Commencement Date"), which shall be confirmed in writing from Tenant to Landlord . Unless extended or sooner terminated as herein provided, the term shall be for a period of one hundred twenty (120) months following the Commencement Date ("Initial Tenn"). (b) Tenant shall have the option to ex.tend the term of this Lease for four (4) successive additional periods of 60 months each (each a "Renewal Term"). Each Renewal Term shall commence automatically, unless Tenant -I . !· 1 delivers notice to Landlord of its intent not to renew, such notice to be delivered not less than thirty (30) days prior to the end of the then-current term. S. USE. (a) Tenant may use the Premises for the purpose of erecting, installing, operating and maintaining radio and communications towers, transmitting and receiving equipment, antennas, dishes, mounting structures, buildings, and related equipment and for any other lawful purpose. Tenant may make any improvement, alteration or modification to the Premises as are deemed appropriate by Tenant. Tenant shall have the right to clear the Premises of any trees, vegetation, or undergrowth which, in Tenant's sole opinion, interferes with Tenant's use of the Premises for the intended purposes. Tenant shall have the exclusive right to install upon the Premises communications towers, buildings, equipment, antennas, dishes, fencing, and other accessories related thereto, and to alter, supplemen~ and/or modify same as may be necessary. (b) Landlord grants Tenant the right to clear all trees, undergrowth, or other obstructions and to trim, cut and keep trimmed and cut all tree limbs, which may interfere with or fall upon the Communications Facility or Premises. Landlord grants Tenant a non-exclusive easement in, over, across and through other real property owned by Landlord as reasonably required for construction, installation, maintenance, and operation of the Communication Facilities. In the even that the tower to be constructed by Tenant on the Premises is a guyed tower, Landlord also grants Tenant an easement in, over, across and through Landlord's real property for the installation and maintenance of and reasonable access to the guy wires and guy wire anchors. Tenant shall be entitled to sublease and/or sublicense the Premises, including any communications tower located thereon. At all times during the tenn of this Lease, Tenant, and its guests, agents, customers, lessees, and assigns shall have the unrestricted, exclusive right to use, and shall have free access to, the Premises seven (7) days a week, twenty-four (24) hours a day. Tenant shall have the exclusive right to sublease or grant licenses to use the radio tower or any structure or equipment on the Premises, but no such sublease or license shall relieve or release Tenant from its obligations under this Lease. 6. ACCESS AND UTILITIES. Landlord for itself, its successors and assigns, hereby grants and conveys unto Tenant, its customers, employees, agents, invitees, successors and assigns a nonexclusive easement for ingress and egress, as well as for the construction, installation, operation and maintenance of overhead and underground electric and other utility facilities (including wires, poles, conduits and appurtenant equipment), with the right to reconstruct, improve, add to, enlarge, change and remove such facilities, over, across and through any easement for the benefit of and access to the Premises, subject to the terms and conditions herein ser forth. The rights granted to Tenant herein shall also include the right to partially assign its rights hereunder to any public or private utility company or authority to facilitate the uses contemplated herein, and all other rights and privileges reasonably necessary for Tenant's safe and efficient use and enjoyment of the easement for the purposes described above. 7. EQUIPMENT, FIXTURES AND SIGNS. All improvements, equipment or other property attached to or otherwise brought onto the Premises shall at all times be the personal property of Tenant and/or its subtenants and licensees. Tenant or its customers shall have the right to erect, install, maintain, and operate on the Premises such equipment, structures, fixtures, signs, and personal property as Tenant may deem necessary or appropriate, and such property, including the equipment, structures, fixtures, signs, and personal property currently on the Premises, shall not be deemed to be part of the Premises, but shall remain the property of Tenant or its customers. 9. WARRANTIES AND REPRESENTATIONS. (a) Landlord warrants and represents that it is the owner in fee simple of the Premises, free and clearof all liens and encumbrances except as to those which may have been disclosed to Tenant, in writing prior to the execution hereof, and that it alone has full right to Lease the Premises for the term set out herein. Landlord further represents and warrants that Tenant, on paying the rent and performing its obligations hereunder, shall peaceably and quietly hold and enjoy the Premises for the term of this Lease. (b) Landlord shall promptly pay all real estate taxes and assessments against the Premises when due and shall avoid any delinquencies with respect thereto. Landlord shall also pay promptly, when due, any other amounts or sums due and owing with respect to its ownership and operation of the Premises, including, without limitation, judgments, liens, mortgage payments and other similar encumbrances. If Landlord fails to make any payments required under this Lease, such as the payment of real estate taxes and assessments, or breaches any other obligation or covenant under this Lease, Tenant may (without obligation), after providing ten (10) days written notice to Landlord, make such payment or perform such obligation on behalf of Landlord. The full amount of any costs so incurred by Tenant (including any attorneys' fees incurred in connection with Tenant performing such obligation) shall be paid by Landlord to Tenant with interest at the statutory rate thereon. (c) Landlord does hereby authorize Tenant and its employees, representatives, agents and consultants to prepare, execute, submit, file and present on behalf of Landlord building, permitting, zoning or land-use applications with the appropriate local, state and/or federal agencies necessary to obtain land use changes, special exceptions, zoning variances, conditional use permits, special use permits, administrative permits, construction permits, operation permits and/or building permits. Landlord understands that any such applications and/or the satisfaction of any requirements thereof may require Landlord's cooperation, which Landlord hereby agrees to provide. (d) Landlord shall not do or permit anything that will interfere with or negate any special use permit or approval pertaining to the Premises or cause any tower on the Premises to be in nonconformance with applicable local, state, or federal laws. Landlord shall cooperate with Tenant in any effort by Tenant to obtain certificates, permits, licenses and other approvals that may be required by any governmental authorities. Landlord agrees to ex.ecute any necessary applications, consents or other documents as may be reasonably necessary for Tenant to apply for and obtain the proper zoning approvals required to use and maintain the Premises and the tower site. (e) Landlord has complied with all, and will continue to comply with environmental, health, and safety laws with respect to the Premises, and no action, suit, proceeding, hearing, investigation, charge, complaint, claim, demand, or notice has been filed or commenced against Landlord or regarding the Premises alleging any failure to so comply. Without limiting the generality of the preceding sentence, Landlord and the Premises are in compliance with all environmental, health, and safety laws. No asbestos-containing thermal insulation or products containing PCB, formaldehyde, chlordane, or heptachlor or other hazardous materials have been placed on or in the Premises by Landlord or, to the knowledge of Landlord, by any prior owner or user of the Premises. To the knowledge of Landlord, there has been no release of or contamination by hazardous materials on the Premises. Landlord hereby agrees to indemnify, defend and hold harmless Tenant, its parent company or other affiliates, successors, assigns, officers, directors, shareholders, agents and employees (collectively, "Indemnified Persons"), from and against all claims and liabilities (including reasonable attorneys' and fees court costs) caused by or arising out of the presence of any asbestos or hazardous material present at the Property e<cept to the extent such presence was caused by Tenant. (f) All utilities required for the operation of the Tenant's improvements enter the Premises through adjoining public streets or, if they pass through an adjoining private tract, do so in accordance with valid public easements . • J • (g) Landlord has no knowledge of any fact or condition that could result in the termination or reduction of the current access from the Premises to existing highways and roads, or to sewer or other utility services serving the Premises. The Premises abuts on and has direct vehicular access to a public road, or has access to a public road via a permanent, irrevocable, appurtenant easement benefiting the parcel of real property, and access to the property is provided by, and will continue to be provided by, paved public right-of-way with adequate curb cuts available. (h) With respect to the Premises, except as disclosed in writing to Tenant prior to the execution hereof: there currently exist no licenses, sublicenses, or other agreements, written or oral, granting to any party or parties the right of use or occupancy of any portion of the Premises; there are no outstanding options or rights of first refusal to purchase the Premises or any portion thereof or interest therein; and there are no parties (other than Landlord) in possession of the Premises. (i) It is intended that the legal description of the Premises accurately reflect an "as-builf' survey of any existing communications tower and accordingly the parties agree that, if any part of such tower, buildings, roadways, utilities, guy wires or anchors related to the communications tower located on the Premises is located beyond the legal description of the Premises or any easements specified in the Lease, the Lease is hereby amended to provide that the Premises includes the existing location of any such improvements as part of the Premises demised in the Lease, to the extent that such improvements are located on real property owned by Landlord. To the extent that such improvements are not located on real property owned by Landlord, Landlord shall cooperate with Tenant and shall use reasonable efforts to secure approval and/or permission from the owner of the real property on which such improvements are located. Ul Landlord hereby agrees to indemnify, defend, and hold harmless Tenant and its officers, directors, shareholders, agents, and attorneys for, from, and against all damages asserted against or incurred by any of them by reason of or resulting from a breach by Landlord of any representation, warranty, or covenant of Landlord contained herein or in any agreement executed pursuant hereto. - 4 - 14, INTERFERENCE. During the tenn of this Lease, Landlord, its successors and assigns, will not grant any ground lease, license, or easement with respect to any property adjacent to the Premises: (a) for any of the uses contemplated in paragraph 5 herein; or (b) if such lease, license, or easement would detrimentally impact Tenant's communications facilities, or the use thereof. Landlord shall not cause or permit the construction of radio or communications towers on the Premises or on any other property of Landlord adjacent or contiguous to or in the immediate vicinity of the Premises, except for towers constructed by Tenant. 16. SECURITY. The parties recognize and agree that Tenant shall have the right to safeguard and protect its improvements located upon or within the Premises. Consequently, Tenant may elect, at its expense, to construct such enclosures and/or fences as Tenant reasonably determines to be necessary to secure its improvements, including the tower(s), building(s}, guy anchors, and related improvements situated upon the Premises. Tenant may also undertake any other appropriate means to restrict access to its communications towers, buildings, guy anchors, guy wires, and related improvements. 17. FORCE MAJEURE. The time for performance by Landlord or Tenant of any term, provision, or covenant of this Agreement shall be deemed extended by time lost due to delays resulting from acts of God, strikes, civil riots, floods, material or labor restrictions by governmental authority, and any other cause not within the control of Landlord or Tenant, as the case may be. .5. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date last signed by a party hereto. • I I • LANDLORD: Title: Owi;/J / Date: -z:...c 7/~ "1-- 7 TENANT: Atlas Tower USA, LLC EXHIBIT1 Description of Parent Tract N39> 30' 56.0" W107> 49' 39.9" AGL: 5717' Survey and Legal description to be provided by The Tenant Atlas Tower USA, LLC 4450 Arapahoe Ave., Suite I 00 Boulder, CO 80303 1. Premises, Use and Equipment. IL AT&T SITE 10: COU4170 AT&T SITE NAME : Rifle Rulison & County Rd 317 FIXED ASSET NUMBER: 10549678 SITE LEASE AGREEMENT Atlas Tower USA LLC, a Colorado limited liability company ("Owner") leases to NEW CINGULAR WIRELES S PCS , LLC, a Delaware limited liability company, having a mailing address of 575 Morosgo Drive NE, Suite 13-F West Tower, Atlanta, GA 30324 ("Tenant"), the site described below: [X] Tower space for Tenant's antennas, lines, and other equipment; (X] Approximately 600 square feet of ground space for Tenant's pad or shelter for placement of base station equipment ; and [X] Space required for cable ladder s, runs and bridges to connect telecommunication s equipment and antennas, in the location(s) shown on Exhibit A, together with a non-exclu sive easement for access thereto and to the appropriate, in the discretion of Tenant, so urce of electric and telephone facilities, collectively, the "Site ." The Site will be used by Tenant for the purpose of installing, removing , replacing , modifying , maintaining and operating, at its expense, a telecommunication s service system facility generally consisting of the type of ant enna(s ) and related equipm ent set forth on Exhibit B, or replacement antennas or equipment (the "Equipment"). If Tenant de sires to place equipment on the Site in addition to that listed on Exhibit B, Owner and Tenant will negotiate the placement of the additional equipment and the associated incr ease d rent. 2. Term. The Term ("Initial Term") of this Agreement is Five (5) years, commencing on the date set forth below ("Commencement Date"). The Commencement Date shall be (i) the Isl day of the month following the date Tenant begi ns installation of any of its Equipment at the Site, or (ii) three (3) month s from the date Owner gives written notice to Tenant that th e site is in full compliance with all federal , state and local regulations and approvals and ha s been con structed and is ready for Tenant to commence installation of its Equipm ent , whichever is fir st to occur. Thi s Agreement will be automatically renewed for four (4) additional terms (each a "Ren ewal Term") of five (5) years each , unl ess Tenant provide s Owner notice of its int ention not to renew thi s Agreement within nin ety (90) da ys prior to the expiration of the Initial Term or any then existing Renewal Term . 3. Rent. The Rental Commencement Date shall be either (i) the P' day of the month following th e date Tenant begin s in stallati on of any of its Equipment at the Site or (ii) thre e (3) month s from the date Owner give s written notice to Tenant th at the si te is in full compliance with all federal, state and loc al regulation s and approval s and has been constructed and is read for Tenant to commence installation of its E ui ment, whi chever comes first. ) Notwithstanding anything to the contrary se t forth in the Lease , as a condition precedent to payment of Rent under thi s Agreement , Owner shall furnish, upon completion and at Tenant's request, a copy of the following documents, if applicable: 2C Survey, Environmental Reports, FAA determination, and FCC Antenna Structure Registration, all of which shall be in sufficient form and content as reasonably determined by Tenant to satisfy FCC and FAA reporting requirements and compliance standards of Tenant. 4. Title and Quiet Possession. Owner represents and agrees (a) that it is in possession of the Site as lessee under a ground lease ("Ground Lease"), and the Ground Lease is in full force and effect, and (b) to the best of Owner's knowledge, (i) Owner has received no notice of default which is currently in effect under the Ground Lease, nor has Owner given the other party under the Ground Lease a notice of default which is currently in effect; (ii) Owner has no knowledge of any circumstance by which the giving of notice or the passage of time or both would constitute either a default by Owner of the other party under the Ground Lease; ( c) that it has the right to enter into this Agreement; ( d) that the person signing this Agreement on behalf of Owner has the authority to sign; and ( e) that Tenant is entitled to the quiet possession of the Site throughout the Initial Term and each Renewal Term so long as Tenant is not in default beyond the expiration of any cure period. Tenant, at Tenant's option, may obtain title insurance on the Property. Owner, at Owner's expense, shall cooperate with Tenant's efforts to obtain title insurance by executing documents or obtaining requested documentation as required by the title insurance company. If the Site is subject to a ground lease, Owner agrees to exercise any renewal options contained in the Ground Lease which may be required to extend the term of the Ground Lease beyond the expiration of the Initial Term and any Renewal Term hereunder, only if Tenant remains a tenant at the Site, paying Rent monthly. Owner will not do, attempt, permit or suffer anything to be done which could be construed to be a violation of the Ground Lease. This Agreement is subordinate to any mortgage or deed of trust now of record against the Site. Promptly after this Agreement is fully executed, Owner will use commercially reasonable efforts to request the holder of any such mortgage or deed of trust to execute and deliver a non-disturbance agreement in a form provided by Tenant, and Owner will cooperate with Tenant at Tenant's sole expense toward such an end. Tenant will not, directly or indirectly, on behalf of itself or any third party, negotiate, and/or contract with the lessor of the Ground Lease without Owner's prior written approval. Notwithstanding anything to the contrary, Tenant reserves the right to negotiate with the fee owner of the real property herein concerned in order to allow Tenant to remain on the Site after the termination of the Owner's interest thereto. In the event Tenant exercises its right to negotiate with the fee owner, Owner agrees to cooperate with Tenant to continue Tenant's use and occupancy of the Site for the stated Initial Term and any Renewal Terms hereunder. 5. Assignment/Subletting. Tenant will not assign or transfer this Agreement or sublet all or any portion of the Site without the prior written consent of Owner, which consent will not be unreasonably withheld, delayed or conditioned. Notwithstanding the foregoing, Tenant and Owner (as applicable) may assign or sublet this Agreement, without the Tenant or Owner's prior written consent but with prior written notice to Tenant or Owner, to any party affiliated with, controlling, controlled by or under common control with Tenant or Owner or to any entity which acquires all or substantially all of the Tenant's or Owner's assets in the market defined by the Federal Communications Commission in which the Site is located by reason of a merger, acquisition, or other business reorganization. A sublet or assignment by Tenant or Owner under this Section 5 will not relieve Tenant or Owner of any obligations or liability hereunder; provided, however, that if Tenant or Owner assigns or transfers this Agreement pursuant to this Section to a transferee with comparable credit quality, and if Tenant's or Owner's assignee or transferee expressly assumes Tenant's or Owner's obligations under this Agreement then, in such event Tenant or Owner will be relieved in full of its obligations under this Agreement. 2 6. Access and Security. Tenant will have the right of access to the Site where its Equipment is located twenty-four (24) hours a day, seven (7) days a week; provided that, whenever practical, Tenant shall give Owner twenty-four (24) hours written notice for maintenance and installation of Equipment performed on the tower. In the event of an emergency situation which poses an immediate threat of substantial harm or damage to persons and/or property (including the continued operations of Tenant's telecommunications Equipment) which requires entry on the Site, Tenant may enter the Site and take the actions that are required to protect individuals or personal property from the immediate threat of substantial harm or damage, including ascending the tower; provided that promptly after the emergency entry and in no event later than twenty- four (24) hours, Tenant gives telephonic and/or written notice to Owner of Tenant's entry onto the Site. Tenant will at all times have unrestricted access twenty-four (24) hours a day, seven (7) days a week to the Site, including but not limited to, Tenant's pad, shelter, and Owner's tower subject to the notice provisions contained hereinabove. 7. Notices. All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. All notices must be in writing and shall be sent to the address( es) set forth below. Tenant: With a copy to: Owner: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site#: COU4I70; Cell Site Name: Rifle Rulison & County Road 317 Fixed Asset No: I 0549678 575 Morosgo Drive NE, Suite 13-F, West Tower Atlanta, GA 30324 New Cingular Wireless PCS, LLC AT&T Legal Department -Network Operations Attn: Network Counsel Re: Cell Site# COU4170; Cell Site Name: Rifle Rulison & County Road 317 Fixed Asset No.: I 0549678 208 South Akard Street Dallas TX 75202-4206 Atlas Tower USA, LLC 4450 Arapahoe Ave., Suite IOO Boulder, CO 80303 (303) 448-8896 3 Rental Payments: Atlas Tower USA, LLC 4450 Arapahoe Ave., Suite 100 Boulder, CO 80303 (303) 448-8896 8. Installation and Improvements. Tenant has the right to do all work necessary to prepare, add, maintain and alter the Site for Tenant's communications operations and to install utility lines and transmission lines connecting antennas to transmitters and receivers. Prior to installing or allowing any Equipment to be installed at the Site or making any changes, modifications or alterations to such Equipment, Tenant at its expense, will obtain all required governmental approvals and will submit to Owner plans and specifications of the planned installation or other activity, and the contractors proposed to perform same, for Owner's approval which approval will not be unreasonably withheld, conditioned, or delayed, including, if requested by Owner, a tower loading study performed and certified by an independent licensed professional engineer. All installations of or other work on Tenant's Equipment will be at Tenant's sole expense. Upon completion of installation of any Equipment on the Site, Owner will have the right to inspect and reasonably approve all installation work. Owner reserves the right to prohibit operation of any equipment it reasonably deems to be improperly installed, unsafe or not included in the installation design plan provided Owner had given Tenant notice of default and Tenant has failed to cure such default within 30 days of receipt of such notice. Owner agrees to cooperate with Tenant's reasonable requests, at Tenant's expense, with respect to obtaining any required zoning and other permitting approvals for the Site and any improvements. Owner shall not charge Tenant or assess any fee for reviewing and signing applications or other documents for required permits or other governmental approvals. Upon termination or expiration of this Agreement, Tenant shall have sixty (60) days to remove its Equipment and improvements and will surrender the Site to Owner in substantially the same condition as existed on the Commencement Date, except for underground facilities, ordinary wear and tear and insured casualty loss. Tenant will continue paying Rent for the sixty (60) day period at the current rental rate in effect at the time of termination or expiration. If Tenant fails to remove its Equipment as hereinbefore specified, Tenant's Equipment will be subject to disconnection, removal, and disposal by Owner after delivery of any and all notices to Tenant as may be required by law. If the Equipment is not removed by Owner, a hold-over fee equal to one hundred twenty-five percent (125%) of the then effective monthly Rent, prorated sixty (60) days from the effective date of termination to the date the Equipment is removed from the Site, shall be paid by Tenant to Owner. Title to all improvements constructed or installed by Tenant on the Property shall remain in Tenant, and all improvements constructed or installed by Tenant shall at all times be and remain the property of Tenant, regardless of whether such improvements are attached or affixed to the Property, provided Tenant is not in material default under any covenant or agreement contained in this Agreement beyond any applicable cure period. Furthermore, all improvements constructed or installed by Tenant shall be removable at the expiration or earlier termination of this Agreement or any renewal or extension thereof, provided Tenant shall not at such time be in material default under any covenant or provision contained in this Agreement. 4 9. Compliance with Laws. Owner represents that the Site, its property contiguous thereto, and all improvements located thereon, are in compliance with all known building, life/safety, disability and other laws, codes and regulations of applicable governmental authorities. Tenant will substantially comply with all known applicable laws relating to its possession and use of the Site and its Equipment. Tenant understands and acknowledges that Tenant is entering into this Agreement in order to locate and operate radio frequency transmitter and associated equipment at the Site. This Equipment is subject to the regulations of the Federal Communications Commission ("FCC"), including regulations regarding exposure by workers and members of the public to the radio frequency emissions generated by Tenant's Equipment. These FCC regulations prescribe the permissible exposure levels to emissions from transmitters and associated equipment which can generally be met by maintaining safe distances from transmitters and associated equipment. Owner therefore agrees that Tenant shall be allowed to install at Tenant's expense such markings, signage or barriers to restrict access as Tenant deems necessary at the location of Tenant's facilities in order to comply with the FCC's regulations. Owner also agrees that Tenant shall be allowed to post prominent signage at all points of entry to the containing instructions as to potential exposure and methods for minimizing such exposure risk. Owner and Tenant shall cooperate in good faith to minimize any confusion or unnecessary duplication that could result from similar signage being posted respecting other carriers' transmission equipment (if any) at or near the Site. Tenant agrees further to alert all personnel working at or near the Site (e.g., maintenance or inspection personnel), including Tenant's personnel, to heed all of Tenant's signage or Site restrictions, to maintain the prescribed distance from Tenant's Equipment, and otherwise to follow the posted instructions. Owner agrees further to provide advance written notice of any known repairs or maintenance work at the Site which would require work in closer proximity to Tenant's facilities then prescribed by the signage or Site restrictions. Owner agrees to cooperate reasonably with Tenant on a going-forward basis in order for Tenant to maintain compliance with the FCC's regulations. Owner represents and warrants that the Site complies with all applicable tower or building height, marking and lighting regulations promulgated by the FAA or the FCC. Owner agrees that Tenant may install, at Tenant's sole cost and expense and as required for Tenant's telecommunications facility, a (i) backup generator within the Site to provide backup power in the event of a power outage at the Site, and/or (ii) tower lighting alarm monitoring system (including, but not limited to, commercial power and a dedicated surveillance telephone line) to monitor the status of the tower/building lighting. Tenant's installation of such backup generator and/or tower/building lighting alarm monitoring system will not relieve Owner of its primary responsibility for compliance with all applicable tower or building marking and lighting requirements. I 0. Insurance. Tenant shall be obligated to obtain and maintain the required insurance policies. Tenant shall maintain the following insurance: (i) Commercial General Liability with limits of $1,000,000.00 per occurrence and in the aggregate, (ii) Automobile Liability with a combined single limit of$ 1 ,000,000.00 per accident (iii) Worker's Compensation as required by law, and (iv) Employer's liability with limits of $1,000,000.00 per accident. Tenant shall include Owner as an additional insured with respect to this Agreement in the Commercial General Liability insurance. Owner agrees, during the tenn(s) of this Agreement to maintain commercial general liability insurance policy covering all of its operations and activities on the leased space under the Ground Lease, having limits of One Million Dollars ($1,000,000.00). Notwithstanding the foregoing, Tenant shall have the right to self-insure the coverage required above. In the event Tenant elects to self-insure its obligation to include Owner as an additional insured, the following provisions shall apply: (i) Owner shall promptly and no later than thirty (30) days after notice thereof provide Tenant with written notice of any claim, demand, lawsuit, or the like for which it 5 seeks coverage pursuant to this Section and provide Tenant with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; (ii) Owner shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of Tenant, such consent not to be unreasonably withheld, conditioned, or delayed, and (iii) Owner shall fully cooperate with Tenant in the defense of the claim, demand, lawsuit, or the like. 11. Interference. (a) Where there are existing radio frequency user(s) on the Property, Owner will provide Tenant, upon execution of this Agreement, with a list of all existing radio frequency user(s) on the Property to allow Tenant to evaluate the potential for interference. Tenant warrants that its use of the Premises will not interfere with existing radio frequency user(s) on the Property so disclosed by Owner, as long as the existing radio frequency user(s) operate and continue to operate within their respective frequencies and in accordance with all applicable laws and regulations. (b) Owner will not grant, after the date of this Agreement, a lease, license or any other right to any third party for the use of the Property, if such use may in any way adversely affect or interfere with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Owner will notify Tenant in writing prior to granting any third party the right to install and operate communications equipment on the Property. ( c) Owner will not use, nor will Owner pennit its employees, tenants, licensees, invitees, agents or independent contractors to use, any portion of the Property in any way which interferes with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Owner will cause such interference to cease within twenty-four (24) hours after receipt of notice of interference from Tenant. In the event any such interference does not cease within the aforementioned cure period, Owner shall cease all operations which are suspected of causing interference (except for inte1mittent testing to detennine the cause of such interference) until the interference has been corrected. (d) For the purposes of this Agreement, "interference" may include, but is not limited to, any use on the Property that causes electronic or physical obstrnction with, or degradation of, the communications signals from the Communication Facility. 12. Utilities. Tenant shall be entitled to install any utilities and services required for Tenant's Equipment. Tenant will be responsible directly to the appropriate utility companies for all utilities required for Tenant's use of the Site. However, Owner agrees to cooperate with Tenant, at Tenant's expense, in its efforts to obtain utilities from any location provided by the Owner or tl1e servicing utility. Should electric power be provided by Owner, Tenant shall pay to Owner for the use of Owner's electric power the sum of Three Hundred ($300.00) dollars per month as a payment separate from Rent. Tenant may at its option and at its expense, install a separate electric meter and pay its electricity costs directly to the appropriate utility company. Temporary interruption in the power provided by the facilities will not render Owner liable in any respect for damages to either person or property nor relieve Tenant from fulfillment of any covenant or agreement hereof unless such interruption is due to Owners negligence, willful misconduct or intentional breach. If any of Tenant's c01mnunications Equipment fails because of loss of any electrical power, and the restoration of the electrical power is within the reasonable control of Owner, Owner will use reasonable diligence to restore the electrical power promptly, and Tenant will have no claim for 6 damages on account of an interruption in electrical service occasioned thereby or resulting therefrom, unless such interruption is due to Owner's negligence, willful misconduct or intentional breach. Notwithstanding the foregoing, Tenant will cooperate with Owner in shutting down (and Owner may shut down) the electrical service to the Site and its communications Equipment in connection with any necessary maintenance operation conducted for the Site or the facilities thereon if ( 1) such shut down is required due to RF Emission standards as defined by the FCC; or (2) in emergency situations where Tenant's Equipment is a hazard to human life or property, provided that if possible, same occurs between the hours of midnight and 6:00 AM, and provided Owner agrees to give Tenant ten (10) days' prior written notice, except in emergency situations, which notice may be oral and immediate. In the event of such an emergency, Owner shall use best efforts to provide Tenant with as much advance notice as is commercially practicable under the emergency circumstance for any electtical shut down for necessary maintenance for the Site required under such an emergency basis, and which shut down may require an interruption in Tenant's operation. Owner shall afford Tenant at no additional cost, a temporary location from which to operate temporary equipment reasonably required by Tenant to conduct the use hereunder as Owner provided at the Site (prior to the emergency shut down of power) until electrical service is fully restored for the Site. 13. Termination by Tenant. (a) Tenant shall have the right at any time beginning with the first Renewal Term to terminate this Agreement without further liability on not less than sixty (60) days' prior written notice for any reason or no reason, so long as Tenant pays Owner a tennination fee equal to six (6) months' Rent at the then- current rate. (b) At any time during the Term of this Agreement, and without the requirement to pay any Rent or tennination fee, Tenant, upon thirty (30) days prior written notice to Owner, shall have the right to terminate this Agreement under this and any other termination provision contained in any other Section of this Agreement, except for Section 13 (a), including, but not limited to the following: (i) if Owner fails to have proper possession of the Site or authority to enter into this Agreement; or (ii) if Tenant does not obtain, after making diligent efforts, all permits or other approvals (collectively "approval") required from any govennnental authority or any easements required from any third party to operate the telecommunications system facility, or if any such approval is canceled, expires, is withdrawn or terminated by such govennnental authority or third party following Tenant's diligent efforts to maintain such approval or (iii) if Tenant is unable to occupy or utilize the Site due to a ruling or directive of the FCC or other governmental or regulatory agency, including, but not limited to, a take back of channels or change in frequencies through no fault of the Tenant; (iv) if the Site or the property is destroyed or damaged so as in Tenant's judgment is effective use of the Site is impractical, and Owner does not provide Tenant with a suitable temporary site for Tenant's facilities, or Owner decides not to repair or rebuild in a manner suitable for Tenant's continuing use. Upon Owner's receipt of a termination notice, Tenant shall have no further obligations to Owner under this Agreement, except for the removal of all equipment as set forth in Section 8 of the Agreement and continuing indemnity obligations under Section 16hereof. 14. Default. If either party is in default under this Agreement for a period of (a) thirty (30) days following receipt of written notice from the non-defaulting party with respect to a default which may be cured solely by the payment of money, or (b) sixty ( 60) days following receipt of written notice from the non-defaulting party with respect to a default which may not be cured solely by the payment of money, then, in either event, the non-defaulting party may pursue any remedies available to it against the defaulting party under any applicable law, including, but not limited to, the right to tenninate this Agreement. If the non-monetary 7 default may not reasonably be cured within a sixty (60) day period, this Agreement may not be terminated if the defaulting party commences action to cure the default within such sixty ( 60) day period and proceeds with due diligence to fully cure the default, except as set forth in Section 11, Interference. 15. Taxes. Tenant will be responsible for payment of all personal property taxes, state sales or use taxes, regardless of whether such taxes or assessments are levied directly upon Tenant or indirectly through Owner and/or primary landowner, and arising solely from its use of tl1e communications facility on the Site. Owner will be responsible for payment of all the real property taxes, except Tenant shall pay any increase in real estate taxes levied against the Site directly attributable to Tenant's use of this Site. These additional fees will be paid to Owner by Tenant within thirty (30) days after written notice by Owner accompanied by copies of each tax bill, service bill and/or assessment notice which clearly evidences the basis for the increase, along with the prior year's bill and a reasonable determination of the proportionate amount of increase attributed to Tenant, together with Owner's share and any other tenant's shares. 16. Indemnity. Owner and Tenant each indemnifies the other against and holds the other harmless from any and all costs (including reasonable attorneys' fees and costs) and claims of liability or loss which arise out of the use and/or occupancy of the Site by the indenmifying party. This indemnity does not apply to any claims arising from the negligence or intentional misconduct of the indemnified party. Except for its own acts of negligence or intentional misconduct, neither party will have any liability to the other for any loss or damage due to personal injury or deatl1, property damage, loss of revenues due to discontinuance of operations at the Site, libel or slander, (excluding wrongful termination of this Agreement by Owner). 17. Warranties. (a) Tenant and Owner each acknowledge and represent that it is duly organized, validly existing and in good standing and has the right, power and authority to enter into this Agreement and bind itself hereto through the party set forth as signatory for the party below. (b) Owner represents, warrants and agrees that (i) Owner is in possession of the Property by Ground Lease as stated in Section 4 hereinabove; (ii) the Property is not and will not be encumbered by any liens, restrictions, mortgages, covenants, conditions, easements, leases, or any other agreements of record or not of record, which would adversely affect Tenant's Permitted Use and enjoyment of the Premises under this Agreement; (iii) as long as Tenant is not in default then Owner grants to Tenant quiet and peaceful use, enjoyment and possession of the Premises; (iv) Owner's execution and performance of this Agreement will not violate any laws, ordinances, covenants or the provisions of any mortgage, lease or other agreement binding on Owner. 18. Hazardous Substances. Owner represents that it has no knowledge after reasonable investigation of any substance, chemical or waste (collectively "substance") on the Site that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. Tenant and Owner will not introduce or use any such substance on the Site in violation of any applicable law, or discharge or release of such substance on the Site. Owner agrees to indenmify and to hold Tenant hannless from and against any and all claims, judgments demands, penalties, fines, losses and costs and expenses incurred by Tenant as a result of (i) any substance that Owner, its agents, employees contractors or other tenants cause or pennit to be brought upon, kept or used in or about tl1e Site or Owner's surrounding property and, (ii) any substance that exists in or about the Site or Owner's surrounding property as of the Commencement Date. Tenant agrees to 8 indemnify and to hold Owner harmless from and against any and all claims, judgments, demands, penalties, fines losses and costs and expenses incurred by Owner during or after the term of this Agreement as a result if any substance that Tenant, its agents, employees or contractors cause or permit to be brought upon or released in or about the Site or Owner's surrounding property in violation of applicable laws, except with respect to any and all claims resulting from or arising out of any action of Owner or any third party. 19. Liens. Neither party hereto will permit any mechanics', materialman's or other liens to stand against the Site for any labor or material furnished in connection with work of any character performed by or at the direction of either party. In the event that any notice of lien will be filed or given, the lien party will, within thirty (30) days after the date of notice of filing, cause the same to be released or discharged by either payment, deposit, or bond. The liened party shall indemnify the other from and against any losses, damages, costs, expenses, fees or penalties suffered or incurred by the non-liened party on account of the filing of the claim or lien. 20. Casualty or Condemnation. In the event of any damage, destruction or condemnation of the Site, or any part thereof, not caused by Tenant that renders the Site unusable or inoperable, Tenant shall have the right to abate payment of Rent until the Site becomes useable or operable for Tenant's use, and Owner will use its best efforts to provide an alternate location, for Tenant on the property where the Site is located, until the Site is repaired or made operable. In the event that an alternate location cannot be found, or ifthe repair to the Site will take longer than ninety (90) days, or is not reasonably acceptable to Tenant, Tenant may terminate the Lease without further liability. If Owner does not provide an alternate location, either party may terminate this Agreement within thirty (30) days after the damage, destruction or condemnation. If this Agreement is not terminated: (i) the rent payable hereunder will be reduced or abated in proportion to the actual reduction or abatement of use of the Site; and (ii) Owner will make any necessary repairs to the Site caused by the damage or destruction and will be entitled to use any and all insurance proceeds to pay for any repairs. Owner will in no event be liable to Tenant for any damage to or loss of the equipment, or loss or damage sustained by reason of any business interruption suffered by reason of any act of God, by Owner's act or omission, or Owner's violation of any of the terms, covenants or conditions of this Agreement, unless caused by Owner's, its agents employees or contractors negligence or willful misconduct. The terms and conditions of this Section 20 shall survive the termination of this Agreement. Owner acknowledges that Tenant may have certain emergency procedures that Tenant may desire to implement, including the temporary location of a cell on wheels on the Site in the event of a casualty. To the extent possible, Owner will cooperate with Tenant in Tenant's implementation of its emergency responses as the same may exist from time to time. 21. Memorandum of Lease. At the request of Tenant, Owner agrees to execute, within fifteen (15) days of receipt, a memorandum or short form of this Agreement, in recordable form, as indicated on attached Exhibit "C", setting forth a description of the Site, the term of this Agreement and other information desired by Tenant for the purpose of giving public notice thereof to third parties. 22. Confidentiality. Owner agrees not to discuss publicly, advertise, nor publish in any newspaper, journal, periodical, magazine, or other form of mass media, the terms or conditions of this Agreement. Doing so shall constitute a default under this Agreement. It is agreed that both parties will not discuss terms and 9 conditions with any parties not directly involved with this Agreement unless required by law or mandated by financing agreements. 23. Binding Effect. This Agreement shall extend to and bind the heirs, personal representative successors and assigns of Owner and Tenant and shall constitute covenants. 24. Miscellaneous. (a) This Agreement applies to and binds assigns of the parties to this Agreement; (b) This Agreement is governed by the laws of the State in which the Site is located; (c) This Agreement (including the Exhibits) constitutes the entire Agreement between the parties and supersedes all prior written and verbal agreements, representations, promises or understandings between the parties. Any amendments to this Agreement must be in writing and executed by both parties; ( d) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected, and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law; ( e) The prevailing party in any action or proceeding in court or mutually agreed upon arbitration proceeding to enforce the terms of this Agreement is entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from the non-prevailing party; (f) Failure or delay on the part of Tenant or Owner to exercise any right, power, or privilege hereunder will not operate as a waiver thereof; waiver of any breach of any provision hereof under any circumstances will not constitute a waiver of any subsequent breach of the provision, or of a breach of any other provision of this Agreement; and (g) Tenant will have the right to perform any tests including but not limited to, Environmental Assessments, Structural Analysis, or Geotechnical Studies in order to verify or determine the present condition of the Site. 25. Exhibits. The following Exhibits are attached to and made a part of this Agreement: "Exhibit A" (Tower Site Information), "Exhibit B" (Tenant Equipment), "Exhibit C" (Memorandum of Agreement) and "Exhibit D" (Ground Lease). ***Signatures on next page*** 10 IN WITNESS WHEREOF . the parties hereto have executed and delivered this Agreement to be effective as of the date firs t below w1itten. TENANT: NEW C ING UL AR WIRELESS PCS , LLC a Delaware limited liability company By: AT&T Mobility Co rporation a Delaware corporation Its: Manager OWNER: AllasT/;77 By: :.-z : .. ----- Na m e : Nathan Foster Title: P W a11d Officer Date: ;z. + LOlJ II AT&T Mobility Notary B lock STATEoF Co COUNTY OF e. ) ) SS: ) On the 7:/) d ay of m the y ea r 2013 , before m e, the unde rsi g ned , p erso nally appeared k \44' J tM v'\2 . , p ersonall y known to me or proved to me on the bas is of sati sfactory evid e nc e t o be th e indiv idu al wh ose name i s sub scribed to th e within in strument and acknowledged to me t hat he exec ut ed th e sam e in his c apacity , and that by hi s si g n ature on the in stn ent , the individu al , o r th e p erson upon b ehalfof which the individual acted ,executed he ·ns lrumc nt. r ------"'\ SAMANTHA E NEUMILLER Notary Public i\ State of Colorado My Commiss ion Ex pres Februory 17, 2016 Atlas Tower USA Notaty Block STATE OF cb ovclo COUNTY OF 6\. lV. t( ) ) S S: ) On th e 2L day of h.e ei-WL 111 the yea r 2013 , before me, the undersi gned, perso nally -appeared i\[l \.'B'\Q.V\. , p ersona lly kn own to me or proved to me o n the bas i s of sati sfactory evidence t o b e th e indi v idu al whose n ame i s subscribed t o th e within in strnment and ackn ow ledged to m e that h e execut ed the s a m e in hi s capacity , and that by his si g nature on the instrum nt, the individual , o r the person upo n b e hal fofwhich the indi v idu a l acted .executed the } strum e nt. ,· f lj /( ~bhc• ·" ,jiLWlt'.~ ~vu t( ADRIENNE M OCONNELL Notary Public State of Colorado Notary 1 O 20084035409 My Commission Expires Oct 11 , 2016 My ornmi ss io n Ex pires: ..... Q_t-'l'-'-1 +--IG-~.1 -'1 ----- 12 EXHIBIT A TOWER SITE INFORMATION Site Number: COU4 l 70 Site Name: Rifle Rulison & County Rd 317 To the Site Lease Agreement, dated , 2013 by and between Atlas Tower USA, LLC, a Colorado limited liability company, as Owner and New Cingular Wireless PCS, LLC, a Delaware limited liability company as Tenant. The property is legally described as follows: Township 6 South, Range 93 West, 6thP.M. Section 19: Lot 1, except a tract 460' X 460' located in the SE comer of the NW4NW4 Township 6 South, Range 94 West, 6th P.M. Section 13: A 13 .10 Acre tract in the SE4SE4 Section 24: Lot 1 and the SE4NE4 County of Garfield, State of Colorado (Reception No. 127050) The premises are described and/or depicted as follows: Sketch of Site: SEE SURVEY/DRAWINGS ATTACHED 13 NIP J.JNN IRf'L PARCBJ. 1: .2t16-.24t-OfJ-OS2 R6ClfPf70N ] : 10618 SIC! 'JON Ii TO SHIP 6 S. RA.NOB 94 W PAR!' OP LOT t PROl'OS!l> 20' 1110E UTIUTI EASD.<ENT BY ATLAS DIS'llNG 8' WlllE ACCESS ROAD TO BE UTIUZEO BY All.AS.--~ EXJSllNG FENCE UNE. SB t/4 NB t/4 PROPOSED 120' SELF SUPPORT TO\\f:R BY All .. AS. PROPOSED An.AS TOWCR LEASE AREA II CO RD321/1 O (ROW \\JOIH UNKNOMi) 14 ... ----·OHW--· 60' EXHIBIT B TENANT'S GROUND SPACE AND EQUIPMENT Site Number: COU4 l 70 Site Name: Rifle Rulison & County Rd 317 AT&T shall have the right to occupy 600 square feet of ground space. All equipment buildings and appurtenances must be within AT &T's ground space. k 40' A TT LEASE AREA 600SQUAREFEET (NOT TO SCALE) . ' o: • , .. - . '· · .. · •·.•·II> .... 1 . ' =) ROP 0 SIR\llCE R.l.CI< !JY A!LAS 1 0\\ PROP0"£0 12'' WIDE ACCESS QA TE - ' L----it'":-:-:t:" -.:-. .IC. X.+ -., 15 .· .. \' . . ··:· ·. ; '. · ... : . ::· ' '. : .. : ·. : . : . . . I , .... . . . . .. i >i : <-~ ,: .... · : ·., .. ·. -PROP05£1) 1;10' SELF-SUPrc+{T TD.YER BY di.AS TOV'tER. '.q 1 .. -;;·-:-·,-; .. -;n:-·:,. I ""' '" • '" ' • I I •• .. , J XI I ·: · .: . ·.-. :·• .-.. .--.1 • I I I I I If II I < .. . . ' .. ·,, >:· .-·:··,;, >:·:: ,•, - . I .. : .. . .. r G: ., • Jf ... = ..... }( --. " 60' X40' Atlas Tower Lease Area EXHIBIT 8 (Continued) RAD Center 116' Allowed Eauioment Tvoe of Ecrnioment Panel Antenna RRH Sure:e Sunnressor Manufacturer Kathrein Alcatel Lucent Ray cap Model Number 80010866 RRH2X60 FC 18-PC6-8F *or equivalent, but *or equivalent, but *or equivalent, but notto exceed not to exceed not to exceed weight and weight and weight and dimensions below dimensions below dimensions below Dimensions 96.4" x 14.8" x 7" 20" x 12.5" x 12" 24"X ll"X 11" Weight 82Ibs 50 lbs 28Ibs Quantity Twelve (12) Eighteen (18) Three (3) Allowed Lines Line Tvoe Fiber DC Size 3/8" I" Quantity Three (3) Six (6) 1. Equipment on Tower Any equipment outside of the above listed allowed equipment and lines will require negotiation of additional rent. Additional rent will be negotiated on an as needed, per site basis. A microwave dish can be added to this site for an additional $75/month per foot, and will require an amendment to this agreement should Tenant inform Owner of its intent to install a microwave on site. 2. Equipment on Ground Tenant may place any equipment within its ground space necessary to support its operation, including but not limited to, a 12' by 28' equipment shelter, a generator, a fuel storage tank and accessory power and telecom hookup equipment. 16 EXHIBIT C MEMORANDUM OF AGREEMENT 17 MEMORANDUM OF SITE LEASE AGREEMENT Prepared by: ATLAS TOWER USA, LLC Return to: ATLAS TOWER USA, LLC C/ONathan Foster 4450 Arapahoe Ave, Suite 100 Boulder, CO 80303 Re: AT&T Cell Site #COU4170 AT&T Cell Site Name: Rifle Rulison Countv Rd 317 AT&T Fixed Asset# 1 0549678 State: COLORADO County: GARFIELD MEMORANDUM OF SITE LEASE AGREEMENT This Memorandum of Site Lease Agreement is entered into on this __ day of ------• 20_, by and between ATLAS TOWER USA, LLC, a Colorado limited liability company, having a mailing address of 4450 Arapahoe Ave, Suite 100, Boulder, CO 80303 (hereinafter referred to as "Owner") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 575 Morosgo Drive, Ste. 13-F West Tower, Atlanta, GA 30324 (hereinafter referred to as "Tenant"). I. Owner and Tenant entered into a certain Site Lease Agreement ("Agreement") on the __ day of , 20 , for the purpose of installing, operating and maintaining a communications facility and other improvements. All of the foregoing is set forth in the Agreement. 2. The initial lease term will be five (5) years commencing on the effective date of written notification by Tenant to Owner of Tenant's exercise of its option, with four (4) successive five (5)year options to renew. 18 3. The portion of the land being leased to Tenant and associated easements are described in Exhibit 1 annexed hereto. 4. This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Agreement, all of which are hereby ratified and affinned. In the event of a conflict between the provisions of this Memorandum of Lease and the provisions of the Agreement, the provisions of the Agreement shall control. The Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions of the Agreement. IN WITNESS WHEREOF, the parties have executed this Memorandwn of Lease as of the day and year first below written. "TENANT" New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: ---------------------Pnnt Name: Mark Johns Its: Area Manager Date: ------------ "OWNER" Atlas Tower USA, LLC, a Colorado limited liability company By: --------------------- Print Name: ---------- Its: ------------- Date: ------------ [ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE] 19 TENANT ACKNOWLEDGMENT STATE OF _________ .) ) ss: COUNTY OF ________ ~ On the day of , 20~ before me personally appeared and acknowledged under oath that he/she ts the ----------of AT&T Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, the Tenant named in the attached instnunent, and as such was authorized to execute this instnunent on behalf of the Tenant Notary Public: -----------My Commission Expires: ------- OWNER ACKNOWLEDGMENT STATE OF ________ _; ) ss: COUNTY OF _______ __, On the __ day of , 20 before me, personally appeared - - - - - - - - - - -• who acknowledged under oath, that he/she is the person/officer named in the within instrument, and that he/she executed the same in his/her stated capacity as the voluntary act and deed of Owner for the pnrposes therein contained. Notary Public: __________ _ My commission Expires: ---- 20 EXHIBJT1 DESCRIPTION OF PREMISES Page I of2 To the Memorandum of Site Lease Agreement dated , 20 _, by and between ATLAS TOWER USA, LLC, a Colorado limited liability company, as Owner, and New Cingular Wireless PCS, LLC, a Delaware limited liability company, as Tenant. The property is legally described as follows: Township 6 South, Range 93 West, 6th P.M. Section 19: Lot I, except a tract 460' X 460' located in theSE comer of the NW4NW4 Township 6 South, Range 94 West, 6th P.M. Section 13: A 13 .10 Acre tract in the SE4SE4 Section 24: Lot I and the SE4NE4 County of Garfield, State of Colorado (Reception No. 127050) The premises are described and/or depicted as follows: Sketch of Site: SEE SURVEY/DRAWINGS ATTACHED 21 DESCRIPTION OF PREMISES N/F J.ANN8RrL PARCBL 1: Rt'fll-R-lt~JtJ-082 R6CBPf10N 1.· 10671 Sl1C1'/0N ts, TOWNSHIP a S, MtiG,f 94 ff PAR'r OJJ LD7' t PROl'OSEI> 20' •lOE UllUTY EASEMENT SY AllAS EXISTING 8° \\IOE ACC£SS ROAD TO SE UTILIZED BY All..AS. --~~ EXISTING Fl:NCE: LINE. SB f/4 NB t/4 Page 2 of2 PROPOSED 120• SEIF SUPPORT TO BY An.AS. PROPOSED All.AS TOWER LEASE AREA. II @ % C 0 RD 32 1 fl ----·oow ---------------rf:..~:..__~J..O (ROW OTH UNKNOWN) 22 EXHIBITD GROUND LEASE 23 LANDLORD: Jann Ertl 1130 Francis Street Longmont, Colorado 80501 TENANT: Atlas Tower USA, LLC 283 Columbine St PMB#33 Denver, CO 80206 LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease,.) is made this 10th day of February, 2012 by and between Jann Ertl (the "Landlordn), whose address is 1130 Francis Stree~ Longmont, CO 80501, and Atlas Tower USA, LLC (the "Tenant"), whose address is 283 Columbine St., PlviB #33, Denver, CO 80206. WHEREAS, the Landlord owns certain real property located in the County of Garfield, in the State of Colorado, that is more particularly described or depicted in attached Exhibit 1 (the "Property"); and, WHEREAS, the Tenant desires to lease from Landlord a certain portion of the Property, more particularly described or depicted in attached Exhibit 2 (the "Premises"). NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which ts hereby acknowledged, the parties hereto agree: 1. RIGHT TO LEASE. {a) Landlord grants to Tenant the right to lease a portion of the Property measuring approximately 40• X 60'(2400 SF) square feet as described in attached Exhibit 2, together widl unrestricted access for Tenant's uses from the nearest public right·of-way along the Property to the Premises as described in the attached Exhibit I (collectively, the "Premises"). (b) From and after the date of this signed Agreement, for a period of eighteen months (the "Testing Period,), and at any time during the tenn of this Agreement, Tenant and its agents, engineers, surveyors and other representatives will have the right to enter upon the Property to inspect, examine, conduct soil borings, drainage testing, material sampling, and other geological or engineering tests or studies of the Property (collectively, the "Tests"), to apply for and obtain licenses, permits, approvals, or other relief required or deemed necessary or appropriate at Tenant's sole discretion for its use of the Premises and include, without limitation, applications for zoning variances, zoning ordinances, amendments, special use pennits, and construction permits (collectively, the "Government Approvals"), initiate the ordering and/or scheduling of necessary utilities, and otherwise to do those things on or off the Property that, in the opinion of Tenant, are necessary in Tenant's sole discretion to detennine the physical condition of the Property. the environmental history of the Property, Landlord's title to the Property and the feasibility or suitability of the Property for Tenant's Pennitted Use, all at Tenant's expense. Tenant will not be liable to Landlord or any third party on account of any pre-existing defect or condition on or with. respect to the Property, whether or not such defect or condition is disclosed by Tenant's inspection. Tenant will restore the Property to its condition as it existed at the commencement of the Testing Period (as defined below), reasonable wear ,and tear and casualty not caused by Tenant excepted. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any and all injury, loss, damage or claims arising directly out of Tenant's Tests. (c) During the Initial Testing Period and any extension thereof, Tenant may commence the Initial Tenu of this Agreement by notifying Landlord in writing. If Tenant commences the Initial Term, then Landlord leases the Premises to the Tenant subject to the tenns and conditions of this Agreement. If Tenant does not commence the Agreement during the Initial Testing Period or any extension thereof, this Agreement will terminate and the parties will have no further liability to each other. I. TERM. (a) This Lease shall commence on date Tenant begins construction at the site (the "Commencement Date,), which shall be conftrmed in writing from Tenant to Landlord. Unless extended or sooner terminated as herein provided, the term shall be for a period of one hundred twenty (120) months following the Commencement Date (' Initial Tenn"). (b) Tenant shall have the option to extend the term of this Lease for four (4) successive additional periods of 60 months each (each a "Renewal Tenn"). Each Renewal Tenn shall commence automatically. unless Tenant • 1 • delivers notice to Landlord of its intent not to renew, such notice to be delivered not less than thirty (30) days prior to the end of the then-current tenn. 3. RENT 4. TAXES. Tenant shall pay any personal property taxes assessed on, or any portion of such taxes attributable to, the Communication Facility. Landlord shall pay when due all real property taxes and all other fees and assessments attributable to the Property and Premises. Tenant shall pay as additional Rent any increase in real property taxes levied against Premises, which are directly attributable to Tenan s use of the Premises (but not, however, ta.xes attributable to periods prior to the Commencement Date such as roll-back or greenbelt assessments) if Landlord furnishes proof of such increase to Tenant. In the event that Landlord fails to pay when due any taxes affecting the Premises or the Easement, Tenant shall have the right but not the obligation to pay such taxes and deduct the full amount of the taxes paid by Tenant on Landlord's behalf from future installments of Rent. Tenant shall have the right to protest the amount of any taxes with any applicable taxing authority and Landlord shall reimburse to Tenant that amount of any reduction in taxes resulting from such protest. 5. USE. (a) Tenant may use the Premises for the purpose of erecting, installing, operating and maintaining radio and communications towers, transmitting and receiving equipment, antennas, dishes, mounting structures, buildings, and related equipment and for any other lawful purpose. Tenant may make any improvement, alteration or modification to the Premises as are deemed appropriate by Tenant. Tenant shall have the right to clear the Premises of any trees, vegetation, or undergrowth which, in Tenant's sole opinion, interferes with Tenant's use of the Premises for the intended purposes. Tenant shall have the exclusive right to install upon the Premises communications towers, buildings, equipment, antennas, dishes! fencing, and other accessories related thereto, and to alter! supplement, and/or modify same as may be necessary. {b) Landlord grants Tenant the right to clear all trees, undergrowth, or other obstructions and to trim, cut and keep trimmed and cut all tree limbs, which may interfere with or fall upon the Communications Facility or Premises. Landlord grants Tenant a non-exclusive easement in, over, across and through other real property owned by Landlord as reasonably required for construction, installation, maintenance, and operation of the Communication Facilities. In the even that the tower to be constructed by Tenant on the Premises is a guyed tower, Landlord also grants Tenant an easement in, over, across and through Landlord's real property for the installation and maintenance of and reasonable access to the guy wires and guy wire anchors. Tenant shall be entitled to sublease and/or sublicense the Premises, including any communications tower located thereon. At all times during the term of this Lease, Tenant, and its guests, agents, customers, lessees, and assigns shall have the unrestricted, exclusive right to use, and shall have free access to, the Premises seven (7) days a week, twenty-four (24) b.ours a day. Tenant shall have the exclusive right to sublease or grant licenses to use the radio tower or any structure or equipment on the Premises, but no such sublease or license shall relieve or release Tenant from its obligations under this Lease. If at any time during the term of this Lease, the Federal Aviation Administration, Federal Communications Commission, or other governmental agency changes its regulations and requirements, or otherwise takes any action, the result of which inhibits TenanCs use the Premises, or any communications tower located thereon, for the purposes originally intended by Tenant, or if technological changes render Tenant's intended use of the Premises obsolete or impractical, or if Tenant otherwise determines, in its sole and absolute discretion, with or without cause, that the Premises are no longer suitable or desirable for Tenant's intended use and/or purposes, Tenant shall have the right to terminate this Lease Agreement upon One ( 1) years written notice to Landlord. 6. ACCESS AJ. D UTil.,ITIES. Landlord for itself its successors and assigns, hereby grants and conveys unto Tenant, its customers, employees, agents, invitees, successors and assigns a nonexclusive easement for ingress and egress, as well as for the construction, installation, operation and maintenance of overhead and underground electric and other utility facilities (including wires, poles, conduits and appurtenant equipment), with the right to reconstruct, improve, add to, enlarge, change and remove such facilities, over, across and through any easement for the benefit of and access to the Premises, subject to the terms and conditions herein set forth. The rights granted to Tenant herein shall also include the right to partially assign its rights hereunder to any public or private utility company or -2 authority to facilitate the uses contemplated herein, and all other rights and privileges reasonably necessary for Tenant's safe and efficient use and enjoyment of the easement for the purposes described above. 7. EQUIPMENT, FIXTURES AND SIGNS. All improvements, equipment or other property attached to or otherwise brought onto the Premises shall at all times be the personal property of Tenant and/or its subtenants and licensees. Tenant or its customers shall have the right to erect, install, maintain, and operate on the Premises such equipment, structures, fiXtures, signs, and personal property as Tenant may deem necessary or appropriate, and such property, including the equipment, structures, ftxtures, signs, and personal property currently on the Premises, shall not be deemed to be part of the Premises, but shall remain the property of Tenant or its customers. Tenant shall restore leased property to it's original condition on or before 180 days of leasehold termination. Monthly Rental shall be paid until such restoration is complete. 8. ASSIGNMENT. Tenant may assign this Lease to any person or entity at any time without the prior written consent of Landlord. After delivery by Tenant to Landlord of an instrument of assumption by an assignee that assumes all of the obligations of Tenant under this Lease, Tenant will be relieved of all liability hereunder. Landlord may assign this Lease, in whole or in part, to any person or entity (a) who or which acquires fee title to the Premises and/or (b) who or which agrees to be subject to and bound by all provisions of this Lease. Except for the foregoing, assignment of this Lease by Landlord must be approved by Tenant, in Tenant's sole discretion. 9. WARRANTIES REPRESENTATIONS. AND (a) Landlord warrants and represents that it is the owner in fee simple of the Premises, free and clear of all liens and encumbrances except as to those which may have been disclosed to Tenant, in writing prior to the execution hereof, and that it alone has full right to Lease the Premises for the tenn set out herein. Landlord further represents and warrants that Tenant, on paying the rent and perfonning its obligations hereunder, shall peaceably and quietly hold and enjoy the Premises for the tenn of this Lease. (b) Landlord shall promptly pay all real estate taxes and assessments against the Premises when due and shall avoid any delinquencies with respect thereto. Landlord shall also pay promptly, when due, any other amounts or sums due and owing with respect to its ownership and operation of the Premises, including, without limitation, judgments, liens, mortgage payments and other similar encumbrances. If Landlord fails to make any payments required under this Lease, such as the payment of real estate taxes and assessments, or breaches any other obligation or covenant under this Lease, Tenant may (without obligation), after providing ten (IO) days written notice to Landlord, make such payment or perform such obligation on behalf of Landlord. The full amount of any costs so incurred by Tenant (including any attorneys' fees incurred in connection with Tenant performing such obligation) shall be paid by Landlord to Tenant with interest at the statutory rate thereon. (c) Landlord does hereby authorize Tenant and its employees, representatives, agents and consultants to prepare, execute, submit, file and present on behalf of Landlord building, permitting, zoning or land-use applications with the appropriate local, state and/or federal agencies necessary to obtain land use changes, special exceptions, zoning variances, conditional use permits, special use permits, administrative permits, construction pennits, operation permits and/or building permits. Landlord understands that any such applications and/or the satisfaction of any requirements thereof may require Landlord's cooperation, which Landlord hereby agrees to provide. (d) Landlord shall not do or pennit anything that will interfere with or negate any special use permit or approval pertaining to the Premises or cause any tower on the Premises to be in nonconfonnance with applicable local, state, or federal laws. Landlord shall cooperate with Tenant in any effort by Tenant to obtain certificates, pennits, licenses and other approvals that may be required by any goverurnental authorities. Landlord agrees to execute any necessary applications, consents or other documents as may be reasonably necessary for Tenant to apply for and obtain the proper zoning approvals required to use and maintain the Premises and the tower site. (e) Landlord has complied with all, and will continue to comply with envirorunental, health, and safety laws with respect to the Premises, and no action, suit, proceeding, hearing, investigation, charge, complaint, claim, demand, or notice has been ftled or commenced against Landlord or regarding the Premises alleging any failure to so comply. Without limiting the generality of the preceding sel ltence, Landlord and the Premises are in compliance with all environmental, health, and safety laws. No asbestos-containing thermal insulation or products containing PCB, formaldehyde, chlordane, or heptachlor or other hazardous materials have been placed on or in the Premises by Landlord or, to the knowledge of Landlord, by any prior owner or user of the Premises. To the knowledge of Landlord, there has been no release of or contamination by hazardous materials on the Premises. Landlord hereby agrees to indemnify, defend and hold harmless Tenant, its parent company or other affiliates, successors, assigns, officers, directors, shareholders, agents and employees (collectively, "Indemnified Persons"), from and against all claims and liabilities (including reasonable attorneys' and fees court costs) caused by or arising out of the presence of any asbestos or hazardous material present at the Property except to the extent such presence was caused by Tenant. (f) All utilities required for the operation of the Tenant's improvements enter the Premises through adjoining -3 public streets or. if they pass through an adjoining private tract, do so in accordance with valid public easements. -4 (g) Landlord has no knowledge of any fact or condition that could result in the termination or reduction of the current access from the Premises to existing highways and roads, or to sewer or other utility services serving the Premises. The Premises abuts on and has direct vehicular access to a public road, or has access to a public road via a pennanent, irrevocable, appurtenant easement benefiting the parcel of real property, and access to the property is provided bY, and will continue to be provided by, paved public right-of-way with adequate curb cuts available. (h) With respect to the Premises, except as disclosed in writing to Tenant prior to the execution hereof: there currently exist no licenses, sublicenses, or other agreements, written or oral, granting to any party or parties the right of use or occupancy of any portion of the Premises; there are no outstanding options or rights of first refusal to purchase the Premises or any portion dlereof or interest therein; and there are no parties (other than Landlord) in possession of the Premises. (i) It is intended that the legal description of the Premises accurately reflect an "as-built, survey of any existing communications tower and accordingly the parties agree that, if any part of such tower, buildings, roadways, utilities, guy wires or anchors related to the communications tower located on the Premises is located beyond the legal description of the Premises or any easements specified in the Lease, the Lease is hereby amended to provide that the Premises includes the existing location of any such improvements as part of the Premises demised in the Lease, to the extent that such improvements are located on real property owned by Landlord. To the extent that such improvements are not located on real property owned by Landlord, Landlord shall cooperate with Tenant and shall nse reasonable efforts to secure approval and/or pennission from the owner of the real property on which such improvements are located. Ol Landlord hereby agrees to indemnify, defend, and hold harmless Tenant and its officers, directors, shareholders, agents, and attorneys for, from, and against all damages asserted against or incurred by any of them by reason of or resulting from a breach by Landlord of any representation, warranty, or covenant of Landlord contained herein or in any agreement executed pursuant hereto. 10. HOLD OVER TENANCY. Should Tenant or any assignee, sublessee or licensee of Tenant hold over the Premises or any part thereof after the expiration of the term set forth herein, such holdover shall constitute and be construed as a tenancy from month-to-month only, but otherwise upon the same terms and conditions. 11. INDEMNITIES. The parties agree to indemnify, defend and hold harmless the other party, its parent company or other affiliates, successors, assigns, officers, directors, shareholders, agents and employees (collectively, "Indemnified Persons"), from and against all claims and liabilities (including reasonable attorneys' and fees court costs) caused by or arising out of (i) such party's breach of any of its obligations, covenants, or warranties contained herein, or (ii} such party•s acts or omissions with regard to the Lease. However, in the event of an Indemnified Person's contributory negligence or other fault, the Indemnified Person shall not be indemnified hereunder to the extent that the Indemnified Person's negligence or other fault caused such claim or liability. II. \ V AIVERS (a) Landlord hereby waives any and aU lien rights it may have, statutory or otherwise, in and to the tower facilities or any portion thereof, regardless of whether or not such is deemed real or personal property under applicable laws. Landlord will not assert any claim whatsoever against Tenant for loss of anticipatory profits or any other indirect, special, incidental or consequential damages incurred by Landlord as a result of the construction, maintenance, operation or use of the Premises by Tenant. (b) EACH PARTY HERETO WAIVES ANY AND ALL CLAIMS AGAINST THE OTHER FOR ANY LOSS, COST, DAMAGE, EXPENSE, INJURY OR OTHER LIABILITY WHICH IS IN THE NATURE OF INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHICH ARE SUFFERED OR INCURRED AS THE RESULT OF ARISE OUT OF, OR ARE IN ANY WAY CONNECTED TO THE PERFORMANCE OF THE OBLIGATIONS UNDER THIS LEASE. 13. INSURANCE. (a) Tenant shall insure against property damage and bodily injury arising by reason of occurrences on or about the Premises in the amount of not less than $1,000,000. The insurance coverage provided for herein may be maintained pursuant to master policies of insurance covering other tower locations of Tenant and its corporate affiliates. All insurance policies required to be maintained by Tenant hereunder shall be with responsible insurance companies, authorized to do business in the state where the Premises are located if required by law, and shall provide for cancellation only upon IO days· prior written notice to Landlord. Tenant shall evidence such insurance coverage by delivering to Landlord, if requested, a copy of all such policies or, at Tenant's option, certificates in lieu thereof issued by the insurance companies underwriting such risks. -4- (b) Landlord shall cariy, at no cost to Tenant, general property fire, hazard and casualty insurance appropriate for Landlord's improvements on Landlord's Property, and in such amounts to cause the replacement/restoration of the Property (excluding Tenanes improvements and personal property) in the event of casualty. 14. INTERFERENCE. During the term of this Lease, Landlord, its successors and assigns, will not grant any ground lease, license, or easement with respect to any property adjacent to the Premises: (a) for any of the uses contemplated in paragraph 5 herein; or (b) if such lease, license, or easement would detrimentally impact Tenant's communications facilities, or the use thereof. Landlord shall not cause or permit the construction of radio or communications towers on the Premises or on any other property of Landlord adjacent or contiguous to or in the inunediate vicinity of the Premises, except for towers const"'Ucted by Tenant. 15. RIGHT OF FIRST REFUSAL. If during the term of this Lease, a might be renewed or extended, the Landlord shall have received a bona fide arm's length offer to purchase the Premises from any third party (the "Transferee"), the Landlord shall serve a notice (the "Transfer Notice") upon the Tenant. The Transfer Notice shall set forth the exact terms of the offer so received, together with a copy of such offer, and shall state the desire of the Landlord to sell the Premises on such terms and conditions. Thereafter, the Tenant shall have the right and option to purchase the Premises at the price and upon the terms and conditions specified in the offer {the "Offer"). If the Tenant desires to exercise its option, it shall give notice (the "Countemotice") to that effect to the Landlord within thirty (30) days after receipt of the Transfer Notice. The closing of the purchase and sale of the Premises pursuant to this option shall occur at the time set forth in the Offer, provided that Tenant shall not be required to close before the 15th day following the date of the Countemotice. The Tenant's failure to give a timely Countemotice (or its notice of refusal to purchase) shall be deemed a waiver of its rights to exercise its right of fiiSt refusal to accept the Offer but shall not be deemed a waiver of its right of fll'St refusal with respect to any modification to the Offer or any future Offers. 16. SECURITY. The parties recognize and agree that Tenant shall have the right to safeguard and protect its improvements located upon or within the Premises. Consequently, Tenant may elect, at its expense, to construct such enclosures and/or fences as Tenant reasonably detennines to be necessaiy to secure its improvements, including the tower(s), building(s), guy anchors, and related improvements situated upon the Premises. Tenant may also undertake any other appropriate means to restrict access to its communications towers, buildings, guy anchors, guy wires, and related improvements. 17. FORCE MAJEURE. The time for perfonnance by Landlord or Tenant of any tenn, provisio or covenant of this Agreement shall be deemed extended by time lost due to delays resulting from acts of God, strikes, civil riots, floods, material or labor restrictions by governmental authority, and any other cause not within the control of Landlord or Tenant, as the case may be. 18. CONDE !NATION. Notwithstanding any provision of the Lease to the contraiy, inthe event of condemnation of the Premises, the Landlord and Tenant shall be entitled to separate awards with respect to the Premises, in the amount detennined by the court conducting such condemnation proceedings based upon the Landlord's and Tenant's respective interests in the Premises. If a separate condemnation award is not detennined by such court, Landlord shall pennit Tenant to participate in the allocation and distnbution of the award. In no event shall the condemnation award to Landlord exceed the unimproved value of the Premises, without taking into account the improvements located thereon, and in no event shall the Lease be terminated or modified (other than an abatement of rent) due to a casualty or condemnation without the prior written consent of Lender. 19. DEFAULT. The failure of Tenant or Landlord to perform any of the covenants of this Agreement shall constitute a default. The non-defaulting party shall give the other written notice of such default, and the defaulting party shall cure such default within thirty (30) days after receipt of such notice. In the event any such default cannot reasonably be cured within such thirty (30) day period, if the defaulting party shall proceed promptly after the receipt of such notice to cure such default, and shall pursue curing such default with due diligence, the time for curing shall be extended for such period of time as may be necessaiy to complete such curing, however, in no event shall this extension of time be in excess of siKty (60) days, unless agreed upon by the non-defaulting party. 20. REi\IEDIES. Should the defaulting party fail to cure a default under this Agreement, the other party shall have all remedies available either at law or in equity, including the right to terminate this Lease. In the event Landlord elects to terminate this Lease due to a default by Tenant. it shall continue to honor all sublicense commitments made by Tenant through the expiration of the tenn of any such commitment, it being intended hereby that each such commitment shall survive the early termination of this Lease. •5. 21. A TTOR!'IEY'S FEES. If there is any legal proceeding between Landlord or Tenant arising from or based on this Agreement, the unsuccessful party to such action or proceeding shall pay to the prevailing party all costs and expenses, including reasonable attorney's fees and disbursements, incurred by such prevailing party in such action or proceeding and in any appeal in connection therewith. If such prevailing party recovers a judgment in any such action, proceeding or appeal, such costs, expenses and attornefs fees and disbursements shall be included in and as a part of such judgment. 22. PRIOR AGREEIVIENTS. The parties hereby covenant, recognize and agree that the tenns and provisions of tl1is Lease shall constitute the sole embodiment of the arrangement between the parties with regard to the Premises, and that all other written or unwritten agreements, contracts, or leases by and between the parties with regard to the Premises ate hereby terminated, superceded and replaced by the tenns hereof. 23. LENDER'S CONTINUATION RIGHTS. a) Landlord agrees to recognize the leases/licenses of all subtenants and sublicensees and will pennit each of them to remain in occupancy of its premises notwithstanding any default hereunder by Tenant so long as each such respective subtenant or sublicensee is not in default under the lease/license covering its premises. Landlord agrees to execute such documents as any such subtenant andior sublicensee might reasonably require, including customary subordination, non-disturbance and attonunent agreements and/or Landlord recognition agreements, to further memorialize the foregoing, and further agrees to use reasonable efforts to also cause its lenders to similarly acknowledge, in writing, subtenant/sublicensee•s right to continue to occupy its premises as provided above. b) Landlord consents to the granting by Tenant of a lien and security interest in Tenant's interest in the Lease and all of Tenant's personal property and fixtures attached to the real property described herein, and furthermore consents to the exercise by Tenant's mortgagee of its rights of foreclosure with respect to its lien and security interest. Landlord agrees to recognize Tenant's Lender (as hereinafter defmed) as Tenant hereunder upon any such exercise by Lender of its rights of foreclosure. c) Landlord hereby agrees to give Lender written notice of any breach or default of the tenns of the Lease, within fifteen days after the occurrence thereof, at such address as is specified by Lender. Landlord further agrees that no default under the Lease shall be deemed to have occurred unless such notice to Lender is also given and that, in the event of any such breach or default under the terms of the Lease, Lender shall have the right, to the same extent, for the same period and with the same effect, as the Tenant, plus an additional ninety days after any applicable grace period to cure or correct any such default whether the same shall consist of the failure to pay rent or the failure to perfonn, and Landlord agrees to accept such payment or performance on the part of the Lender as though the same had been made or performed by the Tenant. Landlord agrees that it shall not exercise its right to terminate the Lease or any of its other rights under the Lease upon breach or default of the terms of the Lease without so affording Lender the foregoing notice and periods to cure any default or breach under the Lease. d) Landlord hereby (i) agrees to subordinate any lien or security interest which it may have which arises by law or pursuant to the Lease to the lien and security interest of Lender in the collateral securing all indebtedness at any time owed by Tenant to the Lender (the "Collaterar'), and (ii) furthennore agrees that upon an event of default under the loan documents between Tenant and Lender or the Lease, Lender shall be fully entitled to exercise its rights against the Collateral prior to the exercise by the Landlord of any rights which it may have therein, including, but not limited to, entry upon the Premises and removal of the Collateral free and clear of the Landlord's lien and security interest. e) Landlord acknowledges that nothing contained herein shall be deemed or constrUed to obligate the Lender to take any action hereunder, or to perform or discharge any obligation, duty or liability of Tenant under the Lease. t) During the term of this Lease, Landlord covenants and agrees that it will not grant, create, or suffer any claim, lien, encumbrance, easement, restriction, or other charge or exception to title to the Premises (an "Encumbrance") without the prior written consent of Tenant; provided, however, that it is expressly agreed and understood that Landlord may subject its interest in the Premises to a first mortgage lien if its lender shall agree for itself and its lender, its successors, and assigns, by written instrument in fonn and substance reasonably satisfactory to Tenant (!)to be bound by the terms of this Lease; (2) not to disturb Tenant's use or possession of the Premises in the event of a foreclosure of such lien or encumbrance so long as Tenant is not in default hereunder; and (3) not to join Tenant as a party defendant in any such foreclosure proceeding taken by it. With regard to any existing Encumbrance, Landlord covenants and agrees that, upon the request of Tenant, it shall use its best efforts to cause the holder thereof to execute a customary Subordination Non-Disturbance and AttornmenJ Agreement providing to Tenant the rights afforded to Tenant above with regard to future first mortgage liens. 24. NOTICE/RIGHTS TO CURE. Supplementing the provisions of Section 22 hereof: -6- a) The Tenant shall have the right from time to time to mortgage or otherwise encumber the Tenant•s interest in this Lease; provided, however, in no event shall there be more than one such mortgage or encumbrance outstanding at any one time. If the Tenant shall so mortgage (each a "Mortgage") the Tenant's interest in this Lease to a lender (such lender, and any successor, assign, designee or nominee of such lender, hereinafter a "Lender"), the Tenant or such Lender shall give the Landlord prompt notice of such Mortgage and furnish the Landlord with a complete and correct copy of such Mortgage, certified as such by the Tenant or such Lender, together with the name and address of such Lender. After receipt of the foregoing, the Landlord shall give to such Lender, at the address of such Lender set forth in such notice, and otherwise in the manner provided by Section 26 of this Lease, a copy of each notice of default hereunder at the same time as, and whenever, any such notice of default shall thereafter be given by the Landlord to the Tenant, and no such notice of default by the Landlord shall be deemed to have been duly given to the Tenant unless and until a copy thereof shall have been so given to Lender. Notices to Lender under this Section 23 shall be deemed given on the date received by Lender. Lender (i) shall thereupon have a period of ninety (90) days more than given to the Tenant in each instance in the case of a default in tlie payment of rent and in the case of any other default, for remedying the default or causing the same to be remedied; provided, however, if any non-rent default is not capable of remedy by Lender within such ninety (90) day period, Lender shall have such ninety (90) day period to commence curing the default and such greater period of time as is necessary to complete same with due diligence, and (ii) shall, within such periods and otherwise as herein provided, have the right to remedy such default or cause the same to be remedied. The Landlord shall accept perfonnance by a Lender of any covenant, condition or agreement on the Tenant's part to be perfonned hereunder with the same force and effect as though performed by the Tenant. Notwithstanding anything to the contrary contained herein, if the default is of such a nature that it cannot be cured by Lender (for example, the bankruptcy of the Tenant), such event shall not be a default under this Lease. b) Notwithstanding any of the provisions of this Lease to the contrary, no default by the Tenant shall be deemed to exist as long as Lender within the periods set forth in paragraph (a) above shall have delivered to the Landlord its written agreement to take the action described in clause (i) or (ii) herein and thereafter, in good faith, shall have commenced promptly either (I) to cure the default and to prosecute the same to completion? or (2) if possession of the Premises is required in order to cure the default, to institute foreclosure proceedings and obtain possession directly or through a receiver, and to prosecute such proceedings with diligence and continuity and, upon obtaining such possession, commence promptly to cure the default and to prosecute the same to completion with diligence and continuity, provided that during the period in which such action is being taken (and any foreclosure proceedings are pending), all of the other obligations of the Tenant under this Lease, to the extent they are reasonably susceptible to being performed by Lender, are being performed. However, at any time after the delivery of the aforementioned agreement, Lender may notify the Landlord, in writing, that it has relinquished possession of the Premises or that it will not institute foreclosure proceedings or, if such proceedings have been commenced, that it bas discontinued or will discontinue them, and in such event, Lender shall have no further liability under such agreement from and after the date it delivers such notice to the Landlord, and, thereupon, the Landlord shall have the umestricted right to terminate this Lease and to take any other action it deems appropriate by reason of any default, and upon any such termination the provisions of Section 24 below shall apply. Notwithstanding anything to the contrary contained herein, provided such Lender shall have otherwise complied with the provisions of this Section 23, such Lender shall have no obligation to cure any defaults which are not susceptible to being cured by such Lender. c) Except as provided in Section 23(a) above, no Lender shall become liable under the provisions of this Lease or any lease executed pursuant to Section 24 hereof unless and until such time as it becomes, and then only for as long as it remains, the owner of the leasehold estate credited hereby or thereby. This Lease shall not be amended or modified without the consent of any Lender which has delivered the notice provided for in Section 23(a) hereof. In the event that a Lender shall become the owner of such leasehold estate, such Lender shall not be bound by any modification or amendment of the Lease made subsequent to the date of the Mortgage and delivery to the Landlord of the notice provided in Section 23(a) hereof and prior to its acquisition of such interest unless Lender shall have consented to such modification or amendment at the time it was made or at the time of such acquisition. 25. RIGHT TO NE\V LEASE. a) In the case of termination of this Lease for any reason, or in the event this Lease is rejected or disaffll"tiled pnrsuant to any bankruptcy, insolvency or other law affecting creditor's rights, the Landlord shall give prompt notice thereof to a Lender whose name and address the Landlord has received pursuant to notice made in compliance with the provisions of Section 23(a), at the address of such Lender set forth in such notice, and otherwise in the manner provided by Section 26 of this Lease. The Landlord, on written request of such Lender made any time within thirty (30) days after the giving of such notice by the Landlord, shall promptly execute and deliver a new lease of the Premises to Lender or its designee or nominee, for the remainder of tile term upon all the covenants, conditions, limitations and agreements contained herein (including, without limitation, options to extend the tenn of this Lease) except for sucll provisions whicn must be modified to reflect such tennination. rejection or -7- disafft.nnance and the passage of time, provided that such Lender (i) shall pay to the Landlord, simultaneously with the delivery of such new lease, all unpaid rent due under this Lease up to and including the date of the commencement of the tenn of such new lease and all reasonable expenses, including, without limitation, reasonable attorneys' fees and disbursements and court costs, incurred by the Landlord in connection with the default by the Tenant, the tennination of this Lease and the preparation of the new lease, and (ii) shall cure all defaults existing under this Lease which are susceptible to being cured by such Lender promptly and with due diligence after the delivery of such new lease. Notwithstanding anything to the contrary contained herein, provided such Lender shall have otherwise complied with the provisions of this Section 24, such Lender shall have no obligation to cure any defaults which are not susceptible ro being cured by such Lender (for example, the bankruptcy of the Tenant). b) Any such new lease and the leasehold estate thereby created shall, subject to the same conditions contained in this Lease, continue to maintain the same priority as this Lease with respect to any mortgage, including any fee mortgage, encumbering the Premises or any part thereof or any leasehold interest therein or any other lien, charge or encumbrance thereon whether or not the same shall then be in existence. Any new lease made pursuant to this Section 24 shall be accompanied by a conveyance of the Landlord's interest, if any, to the improvements on the land demised hereby (free of any mortgage or other lien, charge or encumbrance created or suffered to be created by the Landlord but not any mortgage or other lien, charge or encumbrance created or suffered to be created by the Tenant) for a term of years equal in duration to the tenn of the new lease as the same may be extended pursuant to the provisions of said new lease, subject, however, to any lease of such improvements theretofore made by the Tenant, as landlord, which is then in effect. Concurrently with the execution and delivery of such new lease, the Landlord shall assign to the tenant named therein all of its right, title and interest in and to moneys (including insurance and condemnation proceeds), if any, then held by or payable to the Landlord or any other depository which the Tenant would have been entitled to receive but for the tennination of this Lease, and any sums then held by or payable to the Landlord or such depository shall, subject to the provisions of Section 2S hereof, be deemed to be held by or payable to it as the Landlord or depository under the new lease. c) Upon the execution and delivery of a new lease under this Section 24, all subleases which theretofore have been assigned to, or made by, the Landlord shall be assigned and transferred, without recourse, by the Landlord to the tenant named in such new lease. Between the date of tennination of this Lease and the date of execution of the new lease, if a Lender shall have requested such new lease as provided in Section 24(a}, the Landlord shall not cancel any subleases or accept any cancellation, termination or surrender thereof (unless such tennination shall be effected as a matter of law on the tennination of this Lease) or enter into new subleases without the consent of Lender. d) For so long as Lender shall have the right to enter into a new lease with the Landlord pursuant to this Section 25, the Landlord shall not enter into a new lease of the Premises with any person or entity other than Lender, without the prior written consent of Lender. 26. ADDITIONAL PROVISIONS. a) The parties hereto agree that (1) the Tenant is in possession of the Premises notwithstanding the fact that the Tenant has subleased, or may in the future sublease, certain of the improvements thereon to third parties and (2) the requirements of Section 365(h) of Tide 11 of the United States Code (the "Bankruptcy Code• I with respect to the Tenant's possession of the leasehold under this Lease are satisfied. Accordingly, the right of the Tenant to remain in possession of the leasehold under this Lease shall continue notwithstanding any rejection of this Lease in any bankruptcy proceeding involving the Landlord, or any other actions by any party in such a proceeding. This provision, while included in this Lease, has been separately negotiated and shall constitute a separate contract between the parties as well as a part of this Lease. The provisions of this Section 25(a) are for the benefit of the Tenant and its assigns, including, without limitation, Lender. The parties hereto also agree that Lender is a party in interest and shall have the right to appear as a party in any proceeding brought under any bankruptcy law or under any other law which may affect this Lease. b) The provisions of Sections 23, 24 and 25 hereof shall survive the tennination, rejection or disaffinnance of this Lease and shall continue in full force and effect thereafter to the same extent as if Sections 23, 24 and 25 hereof were a separate and independent contract made by the Landlord, the Tenant and Lender and, from the effective date of sucn tennination, rejection or disafftrmance of this Lease to the date of execution and delivery of such new lease, Lender may use and enjoy the leasehold estate created by this Lease without hindrance by the Landlord. The aforesaid agreement of the Landlord to enter into a new lease with lender shall be deemed a separate agreement between the Landlord and such Lender, separate and apart from this Lease as well as a part of this Lease, and shall be Wlaffected by the rejection of this Lease in any bankruptcy proceeding by any party. c) The landlord shall have no right and expressly waives any right arising under applicable lawt in and to the rentals payable to the Tenant under any lease of the improvements on the land demised hereunder! if any, which rentals may be assigned by the Tenant to Lender. d) If a Iortgage is in eftect, (i) this Lease shall not be modified or amended by the parties hereto, or terminated or sU!Tendered by the Tenant, nor shall the Landlord accept any such termination or surrender of this • 8- Lease by the Tenant, without the prior written consent of Lender and (ii) the Landlord shall not have the right to terminate this Lease in the event of a casualty or condemnation without the prior written consent of Lender. e) The provisions of Sections 23, 24 and 25 hereof are for the benefit of Lender and may be relied upon and shall be enforceable by Lender as if Lender were a party to this Lease. t) This Lease may be assigned by the Tenant (and Lender if and when it becomes the tenant hereunder) and any space in any of the improvements on the Premises may be sublet by the Tenant (and Lender if and when it becomes the tenant hereunder), each without the consent of the Landlord. g) This Lease shall have priority over all liens and encumbrances on the fee estate of the Landlord in the Premises or any improvements thereon, including mortgages on the fee estate which were executed prior to the execution of this Lease. h) The Landlord shall, within ten days of the request of the Tenant or any Lender or prospective Lender, provide anestoppel certificate as to any matters reasonably requested by the Tenant or Lender. i) Lender shall have the right to participate in the adjustment of losses with any insurance company with respect to any damage or destruction of the Premises or any improvements thereon and such Lender shall have the right to supervise and control the receipt and disbursements of all insurance proceeds and shall be entitled to all insurance proceeds pursuant to the terms of the Mortgage, or as the case may be, pursuant to the terms of the loan documents secured by such Mortgage. j) Notwithstanding anything to the contrary contained herein, in the event of any taking of all or any part of the Premises, Lender shall have the right to participate in any condemnation proceedings settlement discussions, shall have the right to supervise and control the receipt and disbursement of all condemnation awards and shall be entitled to all condemnation awards which are not used to restore the Premises to be applied to the reduction of the debt secured by the Mortgage; provided, however, that the Landlord shall be entitled to the balance of the award after payment of the debt secured by the Mortgage in full until the Landlord obtains the portion of the award to which it is entitled under this Lease prior to the insertion of this Section 25fj). In the event of a partial taking, this Lease shall continue and the rent provided in this Lease shall be reduced proportionately, from and after the date of such taking, based upon the percentage of land which is taken; provided, however, if the portion of the land taken is such that the Tenant cannot in its reasonable judgment economically continue its operations on the Premises, the Tenant, with the prior written consent of Lender, shall have the right to terminate this Lease. Upon a taking for a temporary period, this Lease shall continue and the entire award shall be payable to the Tenant, subject to the provisions of the Mortgage, or as the case may be, subject to the provisions of the loan documents secured by such Mortgage. k) The right to extend or renew this Lease and any right of frrst refusal to purchase the Premises may be exercisable by the holder of a Mortgage and, before the expiration of any periods to exercise such a right, the Landlord must provide to Lender at least thirty (30) days prior written notice before the expiration of the right to so extend or renew in order to extinguish Lender's right to so extend, renew or purchase. I) Under no circumstances shall the fee estate of the Landlord and the leasehold estate created hereby merge, even though owned by the same party, without the written consent of the holder of a Mortgage. m) Notwithstanding any provisions of this Lease to the contrary, so long as a Mortgage is in effect, the Tenant shall have no right to tenninate the Lease with respect to any event unless the written approval of Lender holding a Mortgage on the leasehold estate is obtained, including, without limitation, the right to tenninate in the event of any damage or condemnation. 27. NOTICES. All notices, requests, claims, demands, and other communications hereunder shall be in writing and may be hand delivered (provided the deliverer provides proof of delivery) or sent by nationally-established overnight courier that provides proof of delivery, or certified or registered mail (postage prepaid, return receipt requested). Notice shall be deemed received on the date of delivery as demonstrated by the receipt of delivery. Notices shall be delivered to parties at the address below, or to such other address that a party below may provide from time to time: -9- lfto Landlord: Jann Ertl 1130 Francis Street Longmont CO 80501 28. MISCELLANEOUS. lftoTenant: Atlas Tower USA, LLC 283 Cclumbine St. PMB#JJ Denver, CO 80206 (a) Each party hereto warrants and represents that it has the necessary power and authority to enter into and perform its respective obligations under this agreement. (b) 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. ( c) All attached exhibits are hereby incorporated by this reference as if fully set forth herein. (d) Failure of a party to insist on strict perfonnance of any of the conditions or provisions of this Lease, or failure to exercise any of a party's rights hereunder, shall not waive such rights. (e) This Lease shall be governed by and construed in accordance witl1 the laws of the state in which the Leased Premises are located. (f) This Lease constitutes the entire Lease and understanding of the parties and supersedes all offers, negotiations and other lease agreements with regard to the Leased Premises. There are no representations or understandings of any kind not set forth herein. Any amendment to this Lease must be in writing and executed by both parties. (g) This agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. (h) A short-fonn memorandum of this Lease may be recorded at Landlord or Tenant's option in the fonn as depicted in Exhibit 3 attached hereto and each party hereby agrees to execute such form promptly following request by the other. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLAI'IK, SIGNATURES BEGIN ON NEXT PAGE] -10- IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date last sigtzed bya party hereto. ·II .. LANDLORD: Title: Ow/, / _ D I ,/ "'l-ate: -"!r ....... '--"",,,--""- TENANT: Atlas Tower USA, LLC EXHIBIT! Description of Parent Tract N39J 30' 56.ou '\Vl07349'39.9" AGL: 5717' Survey and Legal description to be provided by The Tenant PROJ ECT DATA DRAWING INDEX ~ JURlSDtcTION: -GAAFlEl.D COUNTY SHEET DESCRIPTION i----T--------------------t .. - -at&t ::~:::~:;::~ON: ~ :: 2 •l-00-0J 2 : =~:~:H::. & ANTENNA LAYOUT 1"' ........ ~ OCCUPANCY CRO UP: -U (SHELTER) t--AJ--T--EL_EV_A_T_IO_N_s _____________ -1 ~~···---'-~ t CONSTRUC"ION TYPE: -v-e (SHELTtR) ~ FUUY SPRSN KLEREO: -NO (SHEL~) NO. OF STORIES: -ONE (SHElTER) COVERN INC CODES IF APPLICABLE: . RIFLE RULIS ON 2009 IBC , 2009 IFC, 2009 IMC. 2009 IECC , 201 1 NEC . SIT£ NAME · ~T"Rccc°uM;i~NPCEE~ 1ec 110J.2 .9 SITE #: COU41 70 ZONING PROJECT DES CRIPTION 1-~~~~~~~~~"i---~~~~~~~~~--l LATIT UDE ' 39 ° 30 ' 56 143" N (PRELJM) ~~,".T~~.~:;;T~RxP~~~"~o~;~~E=~·~i!;~E'!,.~{,:.:·o~ • • AH EXISTIHC 120' AT\.AS SEif SUPPORT TOWER IN SIDE: AH EXISTING 59' X 59' COMPOUND. LONGIT UDE: 107 ° 49' 39.718" W (PRELIM) GENERAL CONTRACTOR NOTE PROJ E CT TEAM V ICINI TY MAP AREA MAP PROPERTY OWNER: JANN am, ~~"c~":i~~~R ,!'t>""cLo~~1~NtL5/~s /tao 5gis~; -.... -.. .. ( / ~ w '--' u _ SHALL IMMEDIATELY NOTIN 1'1'1£ ARCHITECT IN WRITING OF TOWER OWNE'A:: All.AS TOWER 888.609.9596 ..... -~.::. ' l ·~ -~i~~~~=~s;;:;:~====s~a ANY OtSCREPANCIES BEFORE PROCEEDING WITH THE ' "-.--~--" ......_ WORK OR BE RESPONSIBLE f'OR SAME. AT&T SfTE IOf: COU4170 - -: .. W. / ; ~ ........ THESE 0RA.w1NGS ARE ONLY To scAL.E WHEN PLOnEo oN ~T~E: ~~~RULISON ROAD ""' ... ~ .,.• ~' I J 2-4X36 SHEET. USE GRAPHIC SCALE WHEN P LOTTED ON CITY. STAT£ ziP: RIFl.E, CO 816~ !":"~ -\ .• • ·" ).,.... '"°°"'w I 11X17 SHEET. COUNTY: GARf'IELO 'io.,_:-: ~ •, .,. ~-R ·-·-=- CALL BEFORE YOU DIC-COLORADO LAW REQUIRES 3 APPLICANT: AT&T '\,. , .,/" _,. -.. --• -• ~ WORK ING DAYS NOTICE F'OR CONSTRUCTION PHASE. 188 INVERNESS ORNE WEST, STE. 400 ,,,-' ·r. ~ _..-~ UTILITY NOTIFICATION CENTER OF' COLORAOO ENCL.£WOOO, CO 80112 /-f ... ~ r' ~ -1 -800-922-1987 AT&T PRO.ltCT MANAGER: R08£RT CANUN 303.717.1601 ~· ,,.. .)£ &Qi - THESE DRAWINGS MAY NOT SHOW ALL UNDERGROUND SITE ,6.CQ4JtSl110N nRM: TE:RAAT[CTOHK:S CORPORATION ~ ..,;:::;;; ~ PIPING AHO unLmES. THE CO NTRACTOR SHALL EXERCISE ~·ECT ···"·~-00. ~ '"'"73'""""-~ -- EXTREWE CARE DURINC ALL EXCAVATtON ANO OTHER ,...""""' ~ VU'W'L•' ~-• .~nl ~!--j -------· CONSTR UCTION ACTrvmES. SITE ACOUlsmoH MANAGER: CEOFT SOVIER J03.98 1 .3~78 f) '"" en. LOOA~ .,,._, 1 ' y A PPROVAL BLOCK A&E '1RM: f~.:..,~~~ P1<WY -' ---,~,;'- COU>EJ<. co ll0403 PHONE: 303.993.3293 Tm.£ StGNATURE DATE CONTACT: STEPHEN LESTER -.• c-• ~----=---1 OWNER ~-r . - ENC INEER PROJECT MANAGER f-_D_R_l_V_IN_G_D_IR_E_C_T_IO_N_S_T_O_S_IT_E _____________________ ~ AC KNOWLEOCEMENT OR "SICN-OFF"' BY PARTIES TO THE CO NSTRUCTION ORA.WINGS DOES NOT CONSTrTUTE ALTERATION Of' THE L EASE TERMS . FROM 1-70 A.NO 1-25 HEAD WEST ON 1-70 TOWARDS GRANO JUNCTION. STAY ON 1-70 HEADING WEST TO Rl FlE, ANO TAKE EXIT 90 f'OR C0-13 TURN LEFT. AT ROU NDABOUT TAKE 1ST EXIT ONTO TAUCHENBAUCH Bl.VO, AND AT SECO ND ROUNDABOUT STAY RICHT FOR 7TH STREET. TURN LEn ONTO RIFLE RULISON RO . Rlf'LE RULtSON RO. TURNS INTO TAUGHENBAUGH MESA RD. PROCEED WEST. SITE IS ON THE RIGHT 0 7607. I ~a~&t =-r PROJECT INFOA.MATtoN· SITE NAME: RIFLE RULISO N SITE llO: COU4170 7151J7 Rlfl£ RUUSON RD. R:IF'l.£.. co 81550 GAAFlELl> COUNTY """' O.i.: o..a-.: By. 1 •/13/13 PREU M. ZONINC NJ 2 12/17/13 ZONING SL Pl.ANS PREPARED B't"" *CE N TE R LINE SOLUTION S AdvM1dng WuW!:u N«wcri:s 'l.6360TAllE MOONTAIN ~A.i«:NAY ~COtl)tOl .)0)-991·3291 WWWJ:.[NTUILJHESOLUTIONS.CO.. UCENSURE NO- DRAWN BY: CHK BY: /l.PVBY! I NJ I SL I ICS I SHIEETTITl..F.: TITLE SHEET SHIEC'NUMBER: I T1 I ~ 14 '-o• AT&T LEASE ~ 12'-0'" ATlll:T LEAS[ -------..... ~O~T~ PROPANE TNIK OH 11'-S'" [ SHn::r .WSCSO:::: F'EtT TANK: 96 SOUAAE fECT _ TOT.<1.; 516 SQUARE FEET • • • • .. . .. .. .. : ....... . NEW AT&T 11'-S"X20' • • _. ; • • • •• • •• EQUIPMENT SHEl.TER • • •. • • ·.. . . ..... ~ ·. ·. · .. ·•·. ·:. ·· .. · · .. ·~ . Si .. __ .. ______ ... • • • • • " ... • •• ~ E'W AT&T ICE BR!OCE .. • • • .. w/Fl BER SPOOL eox " • .. • -• • r ... ; . ,; . . . . • i NEW AT&T EOUIPMENT'----!---'-..-1-l' SHELTER PORCH EX. 120' ATI.AS SELF SUPPORT TOWER • 1 NEW AT~T GENERATOR ON i 1 EQUIPMENT SHELTER PORCH '-.I NEW AT&T 622 SQfT LEASE ./ 1 I ~ 1 I : AREA 1· l1 .. • . . . ·1: F\JT\JRE LEASE AREAScm: I e . • . ·; . • . .•. .· • .. . •... ~ :.·. ·. I I . . ~ . ' ··• . • •. . : . •. . . • . . ·11 I e . • . . . • . . .. . .. I :-, ! . ·; .. ·. · ... ·: ·.: .· .. '.. ··. · .. :_ ·.. ·. .. . . ·_._ ··. ·1: NEW UNOERCROUNO POwER " : 17' ·. . . ·. : . . . . . . . . . . . . .. . I 1YJ ·.· ... ·.. . ... · ·; .... EX. 60•X60' All.AS TOWER~l I ell • '. . • • ·: ·:. ' .. : . • ·. • • ._ •.. ·. L£ASE AA£A. I . · • . ex. All.AS UT1tJT"( RACK • • ... • -• • r • e ·. · • ,·: l I W/NEW AT&T METER ao • w !i :: 'i' ~ :.iu . '. . -~ -... : , . . . . :lk ... _--, .. _--:<>-==-~-· =-=:r ' --f=·---_'_-_ -~---·---_._ ~,---, ~---------------!--~x: ! I l_ ____ / ', _____ _J 23'-6"' l 12·-o· l I , , $9'-0' FENCE 1 I OVERALL S ITE PLAN SCALE : 114' • 1"-0' 2" 0 •" I ' I?' N -I SCAlI: 1/4'•1"-G"' ~' §Ji at&t ~ PROJECT I NFORMATION SITE NAME: RI FLE RULISON SITED: COU4170 7607 Rlf\£ RUUSOH RO. RIF'\.£., CO 8 1$50 CAAflEl.D COUNTY Rw. 0.19: o...a-.: By. 1 19/13/13 I PREl.J M. ZONJNC IA() 2 11 2/17/1~ ZONING SL PlANS PREPARED SY• <f/CENTERLI NE SOLUTIONS Adwndrtg wmns N«wor1r.s 16l60T48t.( MOUNTAIN P.U:KWAY ~CO I04Cll )0]-99]·]2'] WWW,((NllltUNlSOU.nlONS..COM UCE NSURE NO' DRAWN BY: CMK BY: APV BY: IADlsL IKS I !C'i.H£ETT O'\.E: OVERA LL SITE PLAN I A1 I ______ ·J ,,7, ::;~,~~;;J) __ _[jr=:::;; 1,. .. ,. 0 I ~ i 0 I .. NEW CAM-LOCK CEH Pl.UC EQUIPMENT SHELTER LAYOUT SCALE: 318* • 1'-0" N'""TI-mL-..JI IL_JI 11 1 1r--i1 1r-11 !': 'P==l~=rr=rr=rr:;r~P==l: 1L-...JI II 11 11 11 IL-...JI 1r--.1 -11....J.1....il....J.1. ,,...-...,, :P==l~--------~~:::=l~ •L..-....11 ...... _ ..... , • .---u ,,...-.,, IL..-..JI IL-JI ,,...-.,, ,,...-..,, IL-JI IL-..JI ,,-,, :c:J: :c:J: :~:~: IL..-...J I 1r-11 l c=-::Jt :c:J: 1r-11 l-1a " WI.DE CMll.E TRAY ("8<M) f--NEW AT&T 19• I UMTS RACK NEW AT&T Llt RACK NE'W AT4tT DC POWER 4t f1BER LINES i.;...: , ·.I OVERHEAD DOOR CN<Of'f NEW AT&T :S,O t<:i/A GENERATOR NEW GENERATOR PORCH ,. o ,. r l' •' If -. ---.. ----SCML: l/1'•1"~ ~· ~ ~ ~,,,.#' 2 I ANTENNA LAYOUT SCALE: 1'2"• 1'.o" .-NEW .MIO MURE AT&T ANTENNAS 'TYP. X12 NEW ATo!cT MW DISH (BELOW) ' ~ ~ - -----SCML: 11r-1•4 ~' §~at&t ~ PROJECT INFORMATK>N" SITE NAME: RIFLE RULISON SITE O: COU4170 7607 RlfLE RUUSOH RO. Rlfl£. co 815SO CAAf1ElD COUNTY """' """' ,,._ By. 1 9/13/13 PREUM. ZONING AD 2 12/17/13 ZON!NC SL PLANS PRE PA RE'"' ll't': *CENTER LIN E SOlUTIONS ~~N«worfts l6J60TAIU"MOUNTAIN,"'1«NAY ,_,co...., )l)J.,,J•ml WWW.ClNTCJIUNlSOlunoN5.COH UCENSUIU NO' DRAWN BY: CH<BY: APV8Y: I AD I SL I KS I SHl".ETT ..... ":'. EQUIPMENT SHELTER & ANTENN A LAYOU T SMEET N\JMB~R· I A ·2 I NEW AT&T 11'-5"X20'\ EOUIPlAENT SHELTER N~A~~=\ I NEW SOUTH EL EVATION SCALE : 118" • 1'-0"' -----~~ROD' ·NEW ATAT ANTENNAS \ TYP. X4 PER SECTOR ~CW AT&T MW otSM NCW Aldt:T DC P0WtA: A flBER LINES T.O. TOWER 6: AHTENI £1.EV. 120 -o· --~~.~~ ~ CX . GRADE £LE\!. o·-o T.0. UGHTNING ROD D..EV. 125·-o· ,..._ T.O. TOWER & ~ '' 11V ELEV. 120'-o"' C.L. NITENNAS ELEV. 1 16' -o· ~~~~- 2 INEW EASTELEVATION SCALE: 118"'• 1'4" \_NE'W ATlllcT ANTENNAS TYP. X 12 TOTAL ~ EW ATl:T SURC£ SUPPRESSOR DEVICE 1YP. X3 EX. AT\AS SELF SUPPORT TOWER .. •. $CIU: 1/1"• 1 '-0- " , .. ~ §~; at&t ~ . .., P ROJ£CT I NF-O RMATION· SITE NAME: RI FLE RULISON SITED: COU 4170 7 607 Rlfl.£ RUlJSON RO. RlflE. co 8 16$0 GAAf1C1.ll COUNTY O.le: Oesct1pMon: ·~ 1 19/1 3/131 PREUM. ZONING I AD 2 11 2/17/1 ZONING St _M_~S_PRE PAAED 8Y. *CENTERLINE SOLUTIONS Advf"'°"9W~~ 16]60TA8l[ MOUNTAIN PAA~AV ~COIO«>l JO).,.J•l .l'Jl WWW.CU<rULINCSOlUTIONS.COM UCt:NSUR£ NO- DRA'NN BY: CHK BY: /ltPV BY: IADISL IKS I SHF.F.:TTrnE: I ELEVATIONS I SHEET NUMBER: [ A3 I 3/3/2014 Glenn Hartmann Senior Planner Garfield County Community Development 108 8th Street, Suite 401 Greenwood Springs, CO 81601 Dear Glenn Hartmann: Please find enclosed: • Pre Application Summary. • Land Use Change Permit Application Form (revised) • Resolution 2013-55 • Payment Agreement Form • Warranty Deed • LOA from Jan Ertl to Atlas • Lease from Ertl to Atlas • Lease from Atlas to AT&T • ZDs I have tried to make the requested revisions, please contact me with anything else you may need. Thank you, Geoff Squier Terra Tectonics I contractor for AT&T Mobility 303-981-3578 Geoff.squier@gmail.com GARFIELD COUNTY · Community Development Department 108 81h Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone : 970.945.8212 Facsimile: 970.384.3470 www.garfield-county .com PRE-APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2175-241-00-032 DATE: October 25, 2013 PROJECT: AT&T Telecommunication Facility OWNER: Jann Ertl REPRESENTATIVE: Geoff Squier, C.W. Rech & Company, Inc. (AT&T's representative) PRACTICAL LOCATION: Section 24 , T6S, R94W, off of County Road 321 ZONING: Rural TYPE OF APPLICATION: Amendment to an Approved Land Use Change Permit -Determination whether the propo se d amendment is a minor or major modification. I. GENERAL PROJECT DESCRIPTION A telecommunication facility was approved on August 5, 2013 and memorialized under Resolution 2013-55. This application involved ATLAS Tower developing the proposed site in conjunction with AT&T to improve the carrier's wireless communica t ions network along 1-70. The telecommunication tower was approved for: • 125' tall towe r (120' without appurtenances); • 60' x 60' leased area; • 59' x 59' area fenced; • 11' -5" x 20' x 9' -9.5" prefabricated concrete equipment shelter; • 6' tall fence with 3 strands of barbed wire; To date, the cond itions of approval id entified under Resolution 2013-55 have not been met and no Land Use Change Permit (LU CP ) has been issued. An application to amend this LUCP can't occur until a LUCP has been issued. AT&T now wishes to add the ir communication building and antennae to the tower. The attach ed drawings deviate from what was approved under Resolution 2013-55 as follows : • Addition of a ge ne rato r and propane tank (d evelo pm ent outside the 12' x 20' area shown for AT&T's site); and, • Antennae set at the 116' elevation than 110' elevation approved. As per Article 4, Section 4-106 of the Garfield County Land Use and Development Code, 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. 11. REGULATORY PROVISIONS APPLICANT IS REQURED TO ADDRESS • Garfield County Comprehensive Plan 2030; • Garfield County Land Use and Development Code (LUDC); • Amendments to an Approved Land Use Change Permit (Section 4-106); • Tables contained in 4-102, Common Review Procedures and Requirements; and, 4-201, Application Submittal Requirements. Ill. REVIEW PROCESS 1. Pre-application Conference. 2. Application. 3. Determination of Completeness. 4. Evaluation and Determination bv Director. IV. SUBMITTAL REQUIREMENTS Amendments to an Approved Land Use Change Permit -Table 4-201 lists General Application Materials (Application Form (Please note: the Applicant is the land owner), Statement of Authority (see below), Letter of Authorization (see below), and Fee) and narrative addressing Article 4, Section 4-106(C) of the LUDC. 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. Warranty Deed showing ownership of property by Jan Ertl (see attached); 4. Letter of Authorization (LOA) from Jan Ertl to either ATLAS or AT&T to process this application on behalf of the property owner. If the Lease from Ertl to ATLAS gives ATLAS authority to seek all government permits; then no separate LOA is necessary (lease is attached). The mere existence of a lease, however, Is not sufficient to grant such authority. Specific authorization language is necessary in the lease. 5. If the Letter of Authorization is from Jan Ertl to ATLAS, then I'll also need a Letter of Authorization from ATLAS to AT&T saying that ATLAS, as lessee, is giving AT&T authority to process this application. (If the LOA is from Ertl to AT&Tthen we can skip the middle step of establishing a chain of authority between Ertl and ATLAS.) If the Sub-Lease between ATLAS and AT&T gives AT&Tauthority to seek all government permits; then no separate LOA is necessary. The mere existence of a sub-lease, however, is not sufficient to grant such authority. Specific language is necessary in the sub-lease. 6. Construction Plan set illustrating the modification. 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; and, 7. Applicable Resolution (Resolution 2013-55, see attached). Submit three (3) paper copies and one CD. Additional copies may be requested upon determination of completeness. 2 V. APPLICATION REVIEW a. Review by : b. Public Hea ring : c. Referral Agencies: St aff for co mpleteness r eco mmend atio n and referral age nci es for add iti o nal t ec hnical r ev i ew _x_ Di rec tor Revi ew/D ete r minatio n Pl anning Co mmiss ion Board of Co unty Comm ission er s Boa rd o f Adj us t me nt May in cl ud e Garfi eld Co un t y Road and Brid ge Departm ent, Fire Pro t ec tio n Districts, Garfi eld County En viro n menta l Hea lth M an age r, Garfield County Vegetat io n Man age r, Garfield Co unty Con sulting En g in ee r, City o f Rifl e. VI . APPLICATION REVIE_w_f EES a. Planning Review Fees : $ 300 .00 b. Referral Agency Fees: $ TBD -co nsulting engineer/c ivil eng inee r f ee s c. Total Deposit: $ 300 .00 (ad ditional h ours are bill ed at $40.50 /h o ur) Y.mer al AP-pllc;atlon Processing Plann e r r evi ews case for compl et e n ess and se n ds t o r ef erral age ncies fo r co mments. Case pl ann e r conta ct s applic ant and sets up a site visit. St aff revi ews ap pli ca ti o n t o d et ermin e if it mee ts st a nda rd s o f r eview. Case plann er m ak es a r ecomme nd atio n of approval, app ro v a l with co nditio ns, o r d en ial t o th e appropri at e h ea rin g bo dy. The pre-ap plica t io n mee tin g su mm ar y i s only valid for six (6) mo nth s from t he da te of th e written summary. Disclaimer The for ego in g summary is advi so ry in nature o nly and is not bi n ding on th e Co unty. Th e summ ary is base d o n current zo nin g, wh ic h is sub jec t t o change in the future, and upo n fa ctual r eprese ntatio n s that m ay or m ay not b e acc urat e. T hi s summar y does n o t cr eate a l ega l o r ves t ed ri g h t. .ere·a pplication Summary ~ren are c;Lb y ; 10!? 1/J-:j ~ J 1 11 1 W11 r_,~;i11 ""1 r~ r.''J.~V 1 r.~.r1l~1~Jl·~1 m:~1r'1i~l •r1"1 i11'~1 1111 I Recept i on": 8 4 7 618 03 /2812014 09 5 1 · 19 AM J ean Alberico I of 1 Re c Fee $11 00 Doc Fee ·0 .00 GARF IELD COUNT Y CO LC Garfield County STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of A:j-\ (Ay }S)we,r-\lJJ.\: ~J (. . a (corporation, limited 'liability company, general pa nership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or ot her), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of t he Entity is --'-...\-1~~....,....L....u-:LlLI.,....__,_.~u.......,........ ....... ~------------' and is formed under the laws of ---ll..l....lol..L.M...1--M~r..M-----.---------..,..--.....------ The name and/or position of the person authorized t~ execute instrulJlents conveying, encumbering, or otherwise affecting title to. real property on behalf of the Entity is --l~--~.....,,.--'\_..,.~_.._.--- The limitations upon the authority of the person named above or holding the posit ion descri bed above to bind the Entity are as follows (if no limitations, insert "None"); _\\......._l .... fl ..... Q+:f._...__ _______ _ Other matters concerning the manner in which the Entity deals with any interest in rea l property are (if no other matter, leave this section blank):-------------------- EXECUTED th is .d3:_ day of _ ...... '\vJ__...,,c...._/\ ..... Y ""'"L_._\f\..__ ___ , 2 0~. Name (printed): Tltle {lhny): = ~~Atiob.J Sig nature ~~- STATE O F _\J_~_J\ ____ ) (',,. I~ )S S. COUNTY OF J]-1\\-Lm ) The for~oing ln s tru::.nt .was ac knowledged before me thi s ~ day of -=,,,..M~~~1l_((\_V\ ............ :-:-::-~• 20 \ ~ by "\\\Q'{~'\\ ~~~ , on behalfof ~WJiS ~\Q~ \lS,(\ , a .C Witness my hand and official se a l. My comm is sion e xpires: \\\\').<J\\O (Date ) [SEAL] ~Q{'(j~fil li~ (Notary Public) . · KEARA RUSSELL No tary Publi c • S1a1e of Utah Comm ission # 651097 My Com miasi on Expire• January 1, 20 18 To Whom It May Concern: AT&T Mobility-Rocky Mountain Region 188 Inverness Drive West, Suite 400 Englewood, CO 80112 March 21, 2014 REC EIVED APR 0 2 zm GARFI ELD CO UNTY )MMUNITY DEVELOPMENT This letter authorizes Geoff Squier, to act as an agent for and on behalf of New Cingular Wireless PCS, LLC, a Delaware limited liability company in any and all tasks, including but not limited to requesting zoning approvals and building permits for telecommunications facilities located in the state of Colorado. Thank you , Mark John s Area Manager C&E -NSB S AT&T Mobility -Rocky Mountain Region 188 Inverness Dr West, Suite 400 Englewood, CO 80112 Notary Acknowledgement STATE OF COLORADO) ) ss: COUNTY OF ARAPAHOE) On the t.I st day of M AAcJv , 20.J.i, before me personally appeared d o,r k ;; o k l'\ f , and acknowledged under oath that he/she is the A.c tc ..... M a.I'.\.~ .u, of AT&T Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, the Tenant ;;famed in the attached instrument, and as such was authorized to execute this instrument on be e Tenant . . Q;~~.~.~~~ ~ ~-/YI· <t··: A ~nt My Commission Expi re s ~ -rn -z,o11 at&t SITE NAME: RIFLE RULISON SITE#: COU4170 ZONING LATITUDE: 39° 30' 56.143" N (PRELIM) LONGITUDE: 107° 49' 39.718'' W (PRELIM) GENERAL CONTRACTOR NOTE CONTRACTOR SHALL VER lfY ALL PLANS AND EXIS TING DIMEN SIONS AND CONDITIONS ON THE JO B SITE AND SHALL IMMEDIATELY NOTlfY THE ARCHITECT IN WRITING Of ANY DISCREPANCIES BEfORE PROCEEDING WITH THE WO RK OR BE RESPONSIBLE fOR SAME . THESE DRAWINGS ARE ONLY TO SCALE WHEN PLOTIED ON 24X36 SHEET. USE GRAPHIC SCALE WHEN PLOTIED ON I IXl7 SHEET. CALL BEfORE YOU DIG-COLORA DO LAW REQUIRES 3 WOR KING DAYS NOTICE fOR CONSTRUCTION PHASE . UTILITY NOTIFICATION CENTER Of COLORADO -1-800-922-1987 THE SE DRAWIN GS MAY NOT SHOW ALL UNDER GROUND PIPING AND UTILITIES. THE CONTRACTOR SHALL EXERCISE EXTR EME CARE DURING ALL EXCAVATION ANO OTH ER CONSTRUCTION ACTIVITIES. APPROVAL BLOCK TITLE SIG NATURE DATE OWNER ENG INEER PR OJECT MANAGER ACKNOWLEDGEMENT OR "S IGN-OFF" BY PARTIES TO THE CONSTRUCTION DRAWINGS DOES NOT CONSTITUTE ALTERATION Of THE LEASE TERMS . PROJECT TEAM PROPERTY OWNER: TOWER OWNER: AT&T SITE IDf: AT&T SITE NAME: SITE ADDRESS: CITY, STATE ZIP: COUNTY: APPl..ICANT: AT&T PROJECT MANAGER: SITE ACQUISmON flRM: PROJECT MANAGER: SITE ACOUISmON MANAGER: A&E FIRM: JANN ERTL ATLAS TOWER 888.609.9596 COU4170 RIFLE RULISON 7607 RIFLE RULISON ROAD RIFLE, CO 81650 GAAFlELO AT&T 188 INVERNESS DRIVE WEST, STE. 400 ENGL£WOOO, CO 80112 ROBERT GANUN 303.717.1601 TERRATECTONICS CORPORATION DEL GEHRETT 303.973.3991 GEOl'f SQUIER 303.981.3578 CENTERLINE SOLllTIONS 16360 TABLE MOUNTAIN PKWY GOLDEN, CO 80403 PHONE: 303.9Q3.3293 CONTACT: STEPHEN LESTER JURISDICTIC PARCEL NU ZONING DE OCCUPANC) CONSTRUCl fULLY SPRI NO. Of STC GOVERNING 2009 IBC. A.O.A. COM NOT REQUll PROJE NEW AT&T 11'-5" GEi AN EXISTIN • EXISTING 5! VICINI" f DRIVll\ fROM 1-70 EXIT 90 FO STAY RIGHT RD . PROCEI OVERALL SITE PLAN SCALE: 114" • 1'·0" NEW AT&T 11'-5"'X20' EQUIP~ENT SHELTER NEW UNOERGROUNO FIBER NEW AT&T 622 SQFT LEASE AREA FUT\JRE LEASE AREAS 14'-0" AT&T LEASE " . 11'-5" I? I"' 'I \I 1. I I I I I L.. L.=:==::='::::'..1..1 : Ii l . 1·'1~~ : I~ . . .. :1i .. :-' : ....... ".-' .. 12'-0" AT&T LEASE 10·-o· r--- 1 I I '~-­·~ ' ' ' ' 'v 9~1: io !i .. !</ ' ' ' ' ' NEW AT&T ICE BRIOGI W/FlBER SPOOL BOX NEW UNOERGROUNO POWER • • •' . " . EX. 60'X60' ATLAS TOWER • "~ LEASE ARfA • • • • , EX ATLAS UTIUlY RACK I f • . ' JJ. W/NEW AT&T METER & 1 11 r ... ._ .. . .. .. _.. ... . .. , . DISCONNECT :·eL ....... . 1 J I ro-.::::-ro~~ --~ ~X=-=--2_-=-=-~--=-=-~1---7---- 2J'-6" 12·-o· 59'-0" FENCE +---------~ RJTURE AT&T 19" Flf RACK NEW 200A AT&T PPC/TRANSFER SWITCH NEW CAM-LOCK GEN PLUG EQUIPMENT SHELTER LAYOUT SCALE: 318" • 1'-0" I. ~---1~1,·-~· SHELrTER----, HVAC HVAC l NEW AT&T 50 KVA GENERATOR EW GENERATOR PORCH 1' O I' 2' 3' 4' • .. -------- - NEW AT&T ~ 2 ANTEN SCALE: 112" • 1'-0" NEW AT&T RRH'S TYP. X1S TOTAL EX. UTILITY H-FRAME NEW AT&T ICE BRIDGE W/FlBER SPOOL eox NEW AT&T 11 '-S"X20' EQUIPMENT SHELTER NEW AT&T GENERATOR ON SHELTER PORCH NEW SOUTH ELEVATION SCALE: 118" • 1'.(I" NEW AT&T ANTENNAS TYP. X4 PER SECTOR NEW AT&T MW DISH NEW AT&T DC POwtR &: ABER LINES EX. ATIAS SEtF SUPPORT TOWER • 12' GATE T.O. LIGHTNING ROD~ ELEV. 116'-0" , 5' CHAIN-LINK FENCE W/BARBEO WIRE EX. GRADE ELEV. 0'-0" 2 NEWE SCALE: 118" • 1'-0" / "'"' ""' I I / I I I I I I I """' "" I I / / / / t>/ "'"' <; / / / / / / / / / / / / / I / / / / • 0 I 0 "' / / / I I I I I I I I I I "'" ,<:>'O I I I I / / / / • "' / / /, /'i' / g / b / I "' "' I !>< x 1 /, I I I I I b I 'N I x I ·' / I / ' / "" ' 30'-o" < ' <l,d ., ll / / 'I I :I I /~ < ' I I <I ' / ' ' I I ' I O' I I / / / / / / 60'-Q" 59'-o" / / ', ·~· . .,_ ____ ,,,,,,.. __ .,,, / / / / 1T / / / / PROPOSED SERVICE R; BY ATLAS TOWER, PROPOSED 6" OF ')f < ROCK OVER MARAFI 5C GROUND STABILIZATION TO EXTEND TO LEASE / / PROPOSED 12' WIDE ACCESS GATE / / / I / .t_____:'.:::===::::,.t:-:-+:-:-T. · )(_---_)( ,._ T I I <£' ,<:>" I I I COMPOUND DETAIL SCALE: )(," = 1' -0" I I 12'-0" ,\' 23'-6" /· ; I 12'-0" ,,.:-• ~110612014 03.2e,m; PH J .. n ?lber! ... 1 or 2 R~ Foe·S0.00 ~c F'ee-:0.00 GWl"tf!LO COUNT'r CG LAND USE CHANGE PERMIT for A0.08ACRE SITE WITHIN A 120.49ACRE PARCEL OF LAND OWNED BY JANN ERTL LOCATED OFF OF COUNTY ROAD 321 IN SECTION 24, TOWNSHIP 6 SOUTH, RANGE 94 WEST OF. THE 8TH PM, GARFIELD COUNTY LEGALLY DESCRIBED IN A WARRANtv DEED FOUND AT RECEPTION NUMBER 705756 IN THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE PARCEL NO.# 2115-241-00-032 In accordance with and pursuant to the provisions of the Garfield County Unified Land Use Resolution of 2008, as amended, and Resolution No. 2013 • 66 of th& Board of County Commis81onem of Garfield County, state of Colol8do, hereby authorm. by Land Use Change Permit and attached Site Plan • Exhibit A, !fie following activity: COMMUNICATION FACIUTY (LIPA 7339) The Land Use Change Penni! is issued subject to the conditions set forth in the abov&-mentioned resolution, and shall be valid only during compliance with sl.ieh conditions and other applicable provlalons of the Garfield County Unified Land Use Resolution of 2008, as amended, Building Code, and other regulations oflhe Board . of County Commissioners of Garfield County, Colorado. ATTEST:· . GARFIElD ·· .. COMMISSIO ··.couNrv. '».""' .. -.. -,! BOARD OF GARFIELD ~"'/"'""u•• 1.f.,;> • .i;,,.,1.1';1 "'" .,a-an HtD4'rlQ9 '1 t' 2 Rec Fea'.SO 00 Uoc Fae:D 00 GARF!EJ.0 COUNtY CO Exhibit A ·Site Plan (gas linea added) ;,1.,...puonn : 84112114 09/00:/2013 0$:230;0!,fft JeFM Aoll;l•r1~ .. rt D rnt11.1ry co t of 8 Rea Fe•:$ •""' Ooo ee: .00 unnr....., '-'"" STATE OF COLORADO ) Js·s County of Garfield ) Al a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commisaioners' Meeting Room, Garfield County Administration Building in Glenwood Springs-on Monday, the Sth of August A.D. 2013 .• there were present .. Jo,...hn....,,M..,arti...,·.,,n~------------'· Commissfuner Chainnan ~Mwike~S~am~m~n~-------------''Commisaioner ... ro,..m....,...Jank..,..,o.:.iYsk:S!OJv'-------------'' Commisaioner ,.,An,.,s!ie.,.·,...w._Go...,..r.p-..x..__ _________ __,. County Manager ._Foo""""""H ... U!..,fl.,,e.,ss=-·-----------'· County Attorney ..,Jean..,,..NU«<beri....,co"'-----'----------'' Clerk of the Board when the following proceedings, among others were had and done, to-wit: RESOLUTION NO • .:Jot,3-5$1 PARCEL NO# 2175-24/.f}().(}32 Recitals A. The Boaid of County Commissioners of Garfield County, Colorado, (Board) received a request for a I$d Ulle Change Pennit to allow fur Communication Facility as further described in Exhibits A, B, end C, SITE PLAN, SUBJECT SITE, AND ELEVATION. B. The Rifie-Ru!ioo11 Communication Tower is located wilbln a 120.49 acre parcel of land ov1metl by Jmm fatL Tim ownzfflhip of this property is described in a Warranty Deed found at Reception Number 705753 in the records of the Garfield County Clerk and Recorder: C. The subject property is located wilhin unincorporated Garfield County in Rural zone district 1Uld is south and southwest of the City of Rifle. D. Communic:ation Facility may be permitted in the Rural zone district with Limited lmp!lct Review. 1 E. The Board is authorized to approve, deny, 01 approve with conditions a Limited bnpact application resulting in issuance of a Land Use Change Pennit purswmt to the Unified Land Use Resolutitm of2008, as amended. F. The Board of County Commissioners opened a public hearing on the 5th day of August, 2013 fur considemtion of whether the proposed Land Use Change Pennit should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regimling the l\lqUCS!. H. The Board of County Commissioners closed the pubHc hearing on the 5111 day of August, 2013 to make a final d()(;ision. I. Tiie Board on the basis of substantial ~peteot evidence produced at the aforementioned hearing, bas made the fullowing determinations of tiict: 1. That the proper public notlc:e was provided as required for the hearing befu:ie the Board of County Commissioners.. 2. That the heming before the Bcanl of County Commissioners was extensive and complete, that all pertinent Jilcts, matters and issues were submitted or could be submitted and that all interested parties were heard at that meeting. J. That for the above stated and othft' reasons the proposed Land Use Change Permit for a CommlDlication Facility is in the best interesl of lhe health, safety, convenience, order, prosperity, and welfare of the citi7.ens ofGar!ield County. 4. That with the adoption of conditions, the applii:ation is in general confonnance with the 2030 Comprehensive Plan. S. That with the adoption of conditions. the applieatioti has adequately met the requiremenlS of the Garfield County Unified Land Use Resolution of 2008, as the same had been wnended at die fmic the application was deemed by the Community Development Department to be technicaJly complete. 6, The following waiver requests have satisfied the review criteria as identified in Article VII, in the inlroduetion paragraph above Diwsion 1 and are hereby gran~: a. Road standards contained in Seciion 7-307. b. Screening will not be required IDlder Sections 7-30S and 7·823 (H) (I). 2 . -•u•o •••• ,.,.,,.., "., ...... •••-... -···· ·-··· -·-····· ·· RoffpUorlll: B4m4 09111312013 n,23,w Pll Jean Alb•'!® 3 of 8 Jleo F••~so.Di> Ooo fae:o.ae GRHFIELD COUNTY co RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Boan! of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by thls reference as pan of the resolution. B. The Land Use Change Pertnit fur Communication F111:ility related to the Rifle-Rulison Communication Tower is hereby approved subject to compliance with the following conditions: I. That all representations made by the Applicant in the application, and at the public hearing before the Board of County Commissioners. shall be conditions of approval, unless specifically altered 'by the Board of County CommisSiOllCIS. 2. The operation oflhe facility shall be in accordance with all applicable Federal, State, and loeal regulations goveming the operation of this type of facility. 3. The facility shall be requited to wmply with the following Sllllldards: a. The facility shall be operated l!O that the ground vibration inherently and recw'rently generated is not pereeptible, without instruments, at any point of any boundmy line of the property on which the use is located. b. Site operations shall not emit heat, glare, radiation, dust or fumes which substantially interfere with lhe existing use of adjoining property or which constituteii a public nuisance or hazard. · c. All equipment and Btl'llctUres associated with this pennit shall be painted with nou- retlective paint in neutral colors to reduce glare and mitigate any visual impacts. d. Volume of sound generated shall comply with. the standards set forth in the Colorado Revised Statutes. e. AU lighting associated with the property ahall be directed inward and downward iowards the interior of the property. 4. Prior to the isswmce of a Land Use Change Pennit, the Applicant shall submit the following to the Community Development Department: a. Revised Site Plan (Sheet Cl-B) that graphically shows and labels all utilities on the subject property; 3 b. Revised DriveWl!y Details (Sheet C-6) that labels 1he dimensions on all the sections on this sheet; and. c. Seed mix to be used for site reclamation. This list shaft identify the common and scientific names of the plant species. 5. Prior to construction of the eolilntuokation facility, the Applicant shall obtain a Driveway Permit fi'om the Collll(y Road and Bridge Department. 6. The Applicant shall treat the R.usian knapweed on 8Jld along the access road with an appropriate herbicide within the timefuune of mid-September to mid-OCtobet 2013. Documentation verifying that this weed has been lreated shall be submitted to the Community Development .Department by the end of October 2013. The effects of the treated knapweed on livestock on the property should be considered. ATTBST: GARFIELD COUNTY BOARD OF COMMISSIONERS. GARFIELD OOUNTY, COLO RA Upon motion duly made and seconded the IOrlip1 opted by the following vote: C""O""MMJ~..,.s ... s.,,10,...N,....ER...,.CH,,..._.A¥'!R ... J,..OHN ... ~F ..... M,..,A...,R~T....,!N"--------·· Aye Q~O~MMI~~S~S~IO~N~E~R~M~l~K~E~S~AMSQ~~N~~,.---~---~-~••Aye c ... o ... MM......,,..IS""S=lO..,N=E=R .... IO.:ocM=JAN'*-"K""O""'V'-"S""K..,,Y _________ ,, Aye STATEOFCOLORADO ) ).ss County of Garfield ) 4 l, County Clerk and ex-officio Clerk of the Board of County Commissioners, in and for the County and Slate 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. 20____, County Clerk and ex-officio Clerk oflhe Board of County Commissioners 5 .;P; \ 's· l . 11~11 J . 11 -----e t Mill• ~ " t ~ I!;:· •i 11 l . ~II ~: I ... I .... I 111 1111 Ii~~ jri'il ' I 1ut5 . • 1119-I ---~' I !1 ~ ~ I 1111 i .; I •1 •i' I 1~~111 . I~ ~! ·;: I I I « I d ;d ? :liliS a ll ·11 a I l j~D!~I I -...... • .. l ; . Eulblf B-Subj~t Site . . . . . . . .. i . . '1 . .-! p • I ··-·-' 7 -.. i Exhibit C -Elevation TOWER ffO!E!: t.1°'°11 .... A~-- ~ ... "H~"'­ a. t===:--=:-.·--rrUDlllll ... -·--U'IClll-91"NJD. ·~CJIU;.llllllll'llO.la ../ ;;W3'iS a• "'Q~ U:ll:t ' .. __ .... I~ ~I , 8 Glenn Hartmann From: Sent: To: Cc: Subject: Hi Glenn, I hope you' re well. Tierney Rowe [trowe@atlastowers.com] Friday, March 21, 2014 12:27 PM Glenn Hartmann Geoffrey Squier Permission for Geoffrey Squier of TerraTecTonics to Apply for Collocation Permitting I got a call from Geoff today requesting our authorization to apply for permitting to collocate on our tower at County RD 321 in Rifle. I grant Geoff Squier permission to apply for any and all permitting necessary to obtain required approvals to install ground, tower, and connecting equipment within our compound at our Rifle Rulison site (Parcel No. 2175-241-00-032, our file #LPAA-7812). Can you print this email to .pdffor your files? Will this suffice or are you still requiring a letter? Thanks! Tierney Rowe Atlas Tower Companies Director of Operations 4450 Arapahoe Avenue, Suite 100 Boulder, CO 80303 Office (303)448-8896 Mobile (801)597-4516 1 at&t AT&T Mobility-Rocky Mountain Region 188 Inverness Drive West, Suite 400 Englewood, CO 80112 March 21, 2014 To Whom It May Concern: This letter authorizes Geoff Squier, to act as an agent for and on behalf of New Cingular Wireless PCS, LLC, a Delaware limited liability company in any and all tasks, including but not limited to requesting zoning approvals and building permits for telecommunications facilities located in the state of Colorado. Thank you, \Q ·~~l,Q__ ,0 Mark Johns \.._ --- Area Manager C&E -NSB SM...__ _,) AT&T Mobility-Rocky Mountain -Region 188 Inverness Dr West, Suite 400 Englewood, CO 80112 Notary Acknowledgement STATE OF COLORADO) ) ss: COUNTY OF ARAPAHOE) My Commission E February 24, 2014 Geoff Squier 7592 S. Emerson Circle Centennial, CO 80122 Garfield County Community Development 108 8th Street, Suite 401, Glenwood Springs, CO 81601 Office: 970-945-8212 Fax: 970-384-3470 RE: Amended Land Use Change Permit-Ertl/Atlas Tower (File No. SUAA-7810) Dear Geoff: This letter is in regard to our completeness review of the Application you have submitted on behalf of Jan Ertl and Atlas Tower for an Amended Land Use Change Permit- Special Use Permit for a Telecommunication Facility. The permit is located off of County Road 321 on property known by Assessor's Parcel No. 2175-241-00-032. Based on the information you have provided our completeness review is ongoing. Our initial review indicates that the following information is needed for us to complete our review. We appreciate your understanding as our staffing changes have resulted in your file being reassigned. I will also follow-up with a phone call to answer any questions regarding the completeness issues. 1. In order for us to initiate review by the County Attorney's Office and properly file your Application please provide two additional hard copies of your Application submittals along with one copy on a CD. This is a standard requirement for receipt and processing of your submittal and a pre-requisite to review of your leases and authorization to apply documentation. 2. Your application is requesting an amendment to an existing approval. Your submittals need to include copies of the original approval resolution and Land Use Change Permit. 3. While your pre-application summary and Application form provide basic information on your proposal, you should include with the submittal a narrative explanation describing in detail your proposed amendment. The narrative and supporting documentation should also address the review criteria for determining if your application is a minor modification or substantial modification. The review criteria are contained in Section 4-106(C). 4. Your Application form identifies your request as an amendment to a Special Use Permit. This should be corrected to reflect our current terminology that the Application is requesting an amendment to an approved Land Use Change Permit. 5. Additional Application materials may be required based on review by Planning Staff and the County Attorney's Office. .f\dditional Application materials may also be required based on the Director's Determination if the request is considered a Substantial Modification. In order to keep your Application moving forward I am in the process of reviewing the current approvals for the Ertl -Atlas Tower approvals. I look forward to discussing your file and the next steps toward completeness and the Director's Determination. Please call with any questions as soon as your schedule permits. Sincerely, /}/l ;/J--- Glenn Hartmann Senior Planner GARFIELD COUNTY · Community Development Department 108 81h Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970 .945 .8212 Facsimile : 970 .384 .3470 www . garfield-county . com PRE-APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2175-241 -00-032 DATE: October 25, 2013 PROJECT: AT&T Telecommunication Facility OWNER: Jann Ertl REPRESENTATIVE : Geoff Squier, C.W. Rech & Company, Inc. (AT&T's representative) PRACTICAL LOCATION: Section 24, T6S , R94W, off of County Road 321 ZONING: Rural TYPE OF APPLICATION: Amendment to an Approved Land Use Change Permit -Determination whether the propose d amendment i s a minor or major modification. I. GENERAL PROJECT DESCRIPTION A telecommunication facility w as approved on August 5, 2013 and memorialized under Re solution 2013 -55. This application involved ATLAS Tower developing the propos ed site in co njunction with AT&T to improve the ca rrier's wirele ss communications network along 1-70 . The telecommunication tower wa s approved for: • 125' tall tower (120 ' without ap purtenances ); • 60' x 60' leased area; • 59' x 59' area fe nced; • 11' -5" x 20' x 9' -9.5" prefa bricated concrete equipment shelter; • 6' tall fence with 3 strands of barbed wire; To date, the conditions of approval identified under Resolution 2013 -55 have not been m et and no Land Use Change Permit (LUCP) has been is sued . An application to amend this LUCP can't occur until a LUCP has been is sue d. AT&T now wishes to add their communication building and antennae to the tower. The attached drawings deviate from what was approved under Resolution 2013-55 as follows: • Addition of a generator and propane tank (d evelopm ent outside th e 12' x 20' area shown for AT&T's site); and, • Antennae set at the 116' elevation than 110' elevation approved. As per Article 4, Section 4-106 of the Garfield County Land Use and Development Code, 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. 11. REGULATORY PROVISIONS APPLICANT IS REQURED TO ADDRESS • Garfield County Comprehensive Plan 2030; • Garfield County Land Use and Development Code {LUDC); • Amendments to an Approved Land Use Change Permit (Section 4-106); • Tables contained in 4-102, Common Review Procedures and Requirements; and, 4-201, Application Submittal Requirements. 111. REVIEW PROCESS 1. Pre-app//catlon Conference. 2. Appl/cation. 3. Determination of Completeness. 4. Evaluation and Determination by Director. IV. SUBMITTAL REQUIREMENTS Amendments to an Approved Land Use Change Permit -Table 4-201 lists General Application Materials (Application Form (Please note: the Applicant Is the land owner), Statement of Authority (see below), Letter of Authorization (see below), and Fee) and narrative addressing Article 4, Section 4-106{C) of the LUDC. 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. Warranty Deed showing ownership of property by Jan Ertl (see attached); 4. Letter of Authorization (LOA) from Jan Ertl to either ATLAS or AT&T to process this application on behalf of the property owner. If the Lease from Ertl to ATLAS gives ATLAS authority to seek all government permits; then no separate LOA is necessary (lease Is attached). The mere existence of a lease, however, is not sufficient to grant such authority. Specific authorization language is necessary in the lease. 5. If the Letter of Authorization is from Jan Ertl to ATLAS, then I'll also need a Letter of Authorization from ATLAS to AT&T saying that ATLAS, as lessee, is giving AT&T authority to process this application. (If the LOA is from Ertl to AT&T then we can skip the middle step of establishing a chain of authority between Ertl and ATLAS.) If the Sub-Lease between ATLAS and AT&T gives AT&T authority to seek all government permits; then no separate LOA Is necessary. The mere existence of a sub-lease, however, is not sufficient to grant such authority. Specific language is necessary in the sub·lease. 6. Construction Plan set illustrating the modification. 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; and, 7. Applicable Resolution (Resolution 2013-55, see attached). Submit three (3) paper copies and one CD. Additional copies may be requested upon determination of completeness. 2 V. APPLICAil.QliJlEVIEW a. Review by: b. Public Hearing: c. Referral Agencies: Staff for completeness recommendati on and referral agencies for additional technica l review Director Review/Determination Planning Commission Board of County Commissioners Board of Adjustment May include Garfield County Road and Bridge Department, Fire Protection Districts, Garfield County Environmental Health Manager, Garfield County Vegetation Manager, Garfield County Consulting Engineer, City of Rifle. VI. APPLICATION REVIEW FEES a. Planning Review Fees: $ 300.00 b. Referral Agency Fees: $ TBD -consulting engineer/civil engineer fees c. Total Deposit: $ 300.00 (additional hours are billed at $40.50 /hour) General AppJlcatlon Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendat ion of approval, approval with conditions, or denial to the appropriate hearing body. The pre -application meeting summary is only valid for six (6) months from the date of the written sum mary . 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 factua l representations that may or may not b e accurate. This summary does not create a legal or vested right. ere-application Summary Prepared by: 10!?1!1 ~ ~ 3