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Home My WebLink About1.0 Application site development, architecture & engineering, construction 540 W. Madison, 17th Floor, Chicago, IL 60661 T 847.944.1600 F 847.991.5707 www.sacw.com July 15, 2020 Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Commnet– 10901 County Road 117 – Sunlight Mountain Resort To Whom it May Concern: SAC Wireless, on behalf of Commnet is requesting the necessary approvals for the proposed drop and swap where Commnet will build a new 80’ monopole next to the existing 60’ monopole and then decommissioning/demolishing the existing tower. The top of the FirstNet antennas will be located at 49’ and the relocated comment antennas will be located at 57’. There will also be an addition of (1) two bay ground cabinet to the expanded ground space. The current zoning classification of the site is Rural. Enclosed in this package you will find the following: • (3) Land Use Change Permit Application Form • (1) Project narrative • (1) Article 7 Division 1, 2, and 3 statements • (3) Site plan/construction drawings – dated 5/11/2020 • (1) Check # 105518 in the amount of $400.00 for the zoning review fee • (1) Redacted lease • (1) List of property owners within 200 ft. • (1) Impact analysis • (1) Waiver request for the traffic study, wastewater management plan, and water supply plan • (1) LOA between Commnet and SAC Wireless • (1) LOA from Property Owner • (1) FAA Notice Criteria • (1) Deed • (1) Payment Agreement Form We are currently working on the mineral rights and we will provide them at a later date. We greatly appreciate your help with this Garfield County modification project. Please e-mail me at joseph.levie@sacw.com to let me know you received this package, how long you expect it to take for approval, any additional fees, and a receipt for the zoning review fee. You can contact me at 312-858-9024 if you have any questions. Best Regards, Joseph Levie | Zoning & Permitting Specialist|Office: (312) 858-9024 SAC Wireless, 540 W. Madison, 9th Floor, Chicago, IL 60661 Joseph.Levie@sacw.com | www.sacw.com WIRELESS Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION Administrative Review Development in 100-Year Floodplain Limited Impact Review Development in 100-Year Floodplain Variance Major Impact Review Code Text Amendment Amendments to an Approved LUCP LIR MIR SUP Rezoning Zone District PUD PUD Amendment Minor Temporary Housing Facility Administrative Interpretation Vacation of a County Road/Public ROW Appeal of Administrative Interpretation Location and Extent Review Areas and Activities of State Interest Comprehensive Plan Amendment Accommodation Pursuant to Fair Housing Act Pipeline Development Variance Time Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ Representative (Authorization Required) Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ PROJECT NAME AND LOCATION Project Name: _____________________________________________________________________________________ Assessor’s Parcel Number: ___ ___ ___ ___ - ___ ___ ___ - ___ ___ - ___ ___ ___ Physical/Street Address: ________________________________________________________________ Legal Description: ______________________________________________________________________ _____________________________________________________________________________________ Size (acres): __________________ Zone District: Commercial/Limited _______________ Property cG Garfield County □ □ □ □ □ □ PROJECT DESCRIPTION Existing Use: __________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Proposed Use (From Use Table 3-403): _____________________________________________________ Description of Project: __________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ REQUEST FOR WAIVERS Submission Requirements The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: ______________________________ Section: _________________________________ Section: ______________________________ Section: _________________________________ Waiver of Standards The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: ______________________________ Section: _________________________________ Section: ______________________________ Section: _________________________________ I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. ______________________________________________________ __________________________ Signature of Property Owner Date OFFICIAL USE ONLY File Number: __ __ __ __ - __ __ __ __ Fee Paid: $_____________________________ , Agent (See attached LOA from property owner)j l Commnet – Sunlight Mountain Resort 119 S. Gasgow Avenue Rico, CO 81332 Project Narrative for Commnet Sunlight Mountain Resort Jurisdiction- Garfield County, CO 119 S. Gasgow Avenue Rico, CO 81332 Description of Proposed Use Commnet is currently proposing a drop and swap where they will be building a new 80’ monopole next to the existing 60’ monopole and then decommissioning/demolishing the existing tower. FirstNet The top of the FirstNet antennas will be located at 49’ and the relocated comment antennas will be located at 57’. There will also be an addition of (1) two bay ground cabinet to the expanded ground space. The current zoning classification of the site is Rural. Commnet proposes the following modifications to the existing site: 1) The removal and replacement of the existing 60’ monopole for a new 80’ monopole with the addition of (1) two bay ground cabinet to the expanded ground space. ANTENNAS: Three sectors would consist of a total of three (3) new panel antennas. See page A-2.0 “Proposed Antenna Plan” of the drawings submitted with this application for reference to the antenna layout. CABINETS: Commnet proposes installing (1) two bay equipment cabinet (WUC) 15kw Netsure 5100 (Model ESOF020-HCV02 Walk Upto Cabinet. The dimensions and model information can be found on page A-4.0 of the attached plans. The equipment will be located on a concrete pad. The layout of the new equipment will be installed per plans, according to page A-1.1, “Proposed Site Plan.” Requirements for Proposed Use The proposed site was chosen to comply with Garfield County’s land use requirements, as closely as feasibly possible. 7-1102. Telecommunications Facilities A. New Towers and Facilities. To gain approval to construct a new transmission tower or facility, the Applicant must demonstrate that: 1. The proposed tower or facility has sufficient structural strength or space available to support the Applicant’s Telecommunication Facility and related equipment; and The proposed wireless telecommunications facility will be structurally sound and evidence will be submitted from a passing structural analysis prepared by a qualified and professional engineer. 2. The proposed tower or facility will not cause unreasonable electromagnetic or other interference with the antennas on existing towers, structures, or utility structures; or The site has been designed to comply with all required FCC Regulations. 3. No owner of existing towers, structures, or utility structures, within a distance that meets the Applicant’s engineering requirements, will allow the Applicant to place its tower or facility thereon. No other sites were considered due to this being an existing Commnet tower. Commnet plans to upgrade its tower to accommodate FirstNet as well as the relocation of their equipment onto a facility that has all utilities developed for it. B. Structural and Engineering Standards. The Applicant shall submit evidence concerning structural and engineering standards prepared by a qualified professional engineer. The safety of the property and the neighborhood shall be protected. The proposed wireless telecommunications facility will be structurally sound and evidence will be submitted from a passing structural analysis prepared by a qualified and professional engineer. C. Public Utility Structures. Commnet – Sunlight Mountain Resort 119 S. Gasgow Avenue Rico, CO 81332 Towers or facilities that are proposed to be mounted on existing structures of public utilities that have a franchise or other written permission from the County and use-concealed towers and facilities are permitted in all nonresidential zoning districts, unless otherwise specified by this Code. The proposed wireless telecommunications facility will not be mounted on existing structures of public utilities. The new wireless telecommunications facility will not be mounted on any existing structures that have a franchise or other written permission from the County. The proposed wireless telecommunications facility will not be mounted on existing structures that have a franchise or other written permission from the County. 1. The County may approve the placement, extension, or replacement of a transmission tower or Telecommunication Facility on an existing Public Utility structure up to 50 feet above the highest point on the same; and The proposed wireless telecommunications facility will not be mounted on an existing Public Utility. 2. The County may waive public notice and other submittal requirement if the Director believes that the public interest will not be harmed by such a waiver. Commnet is aware of this and hopes to have their project considered as it is an upgrade to their existing use. D. Design, Materials, and Color. Transmission towers and Telecommunication Facilities shall be designed and maintained to minimize visual impact, carry gravity and wind loads required by law. At a minimum, the transmission towers and facilities shall meet the following design standards: Commnet is aware of this requirement and will comply. 1. Architectural integration with existing buildings, structures, and landscaping, including height, color, style, massing, placement, design, and shape. Concealment or stealth methods, such as camouflaging transmission towers to look like light poles or trees, may be required. The proposed telecommunications facility replacement structure will be of similar color and material as the existing pole. 2. Located on existing vertical infrastructure such as utility poles and Public Building or utility structures. The proposed telecommunication facility will replace an existing facility on the parcel. 3. Roof-mounted antennas shall be located as far away as feasible from the edge of the building. Antennas attached to the building should be painted or otherwise treated to match the exterior of the building. The proposed telecommunication facility is a monopole and will not have any roof-mounted antennas. 4. Equipment shelters and antennas shall not extend more than 10 feet from the top of the building unless expressly approved by the County. The proposed telecommunication facility is a monopole and is not located on a building. 5. Located in areas where the existing topography, vegetation, buildings, or other structures provide screening. The visual impacts will not be significantly altered by the replacement pole or the new antennas and equipment. Additionally, the location is located near trees which help to provide screening from the tower. E. Lighting and Signage. Only lighting and signage required by a Federal or State agency is allowed. No advertising is allowed. The proposed wireless telecommunications facility will not provide any lighting on the tower nor will there be any advertising. No sign other than what is required by Federal and State agencies will be located at the facility. Commnet – Sunlight Mountain Resort 119 S. Gasgow Avenue Rico, CO 81332 F. Non-Interference. All wires, cables, fixtures, and other equipment shall be installed in compliance with the requirements of the National Electric Safety Code and all FCC, FAA, State and local regulations, and in such a manner that will not interfere with radio communications, electronic transmissions, or all other electromagnetic communications or otherwise cause a safety hazard. The proposed wireless telecommunications facility will comply with the requirements of the National Electric Safety Code and all FCC, FAA, State and local regulations, and in such a manner that will not interfere with radio communications, electronic transmissions, or all other electromagnetic communications or otherwise cause a safety hazard. G. Federal Aviation Agency Form. The Applicant shall submit FAA Form 7460-1, Notice of Proposed Construction or Alteration, except that such form shall not be required for the following: We will comply with all applicable standards of the Federal Telecommunications Act of 1996, and all applicable requirements of the FAA, including submitting FAA. 1. An amateur radio antennae, if owned and operated by a federally-licensed amateur radio operator or used exclusively for a receive-only antennae; 2. Any existing tower and antennae provided a Building Permit was issued for a tower or antennae prior to the adoption of this Code; 3. Any emergency Telecommunications Facilities used exclusively for emergency services including, but not limited to, police, fire, and operation of governmental entities; and 4. Any antennae used for FCC licensees engaged in AM, FM, or television broadcasting. H. Telecommunications Act. All Telecommunications Facilities shall comply with all applicable standards of the Federal Telecommunications Act of 1996, and all applicable requirements of the FAA. Article 7 Division 1,2, and 3 DIVISION 1. GENERAL APPROVAL STANDARDS. DIVISION 1. GENERAL APPROVAL STANDARDS. 7-101. ZONE DISTRICT USE REGULATIONS. The Wireless telecommunication facilities are allowed in non-residential districts via limited impact review. 7-102. COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS. The Land Use Change is in general conformance with the Garfield County Comprehensive Plan and does complies with any applicable intergovernmental agreement. 7-103. COMPATIBILITY The wireless telecommunications facility is compatible with adjacent land uses as there is already an existing telecom facility on the site. 7-104. SOURCE OF WATER. The wireless telecommunication facility is an unmanned facility and does not require any source of water. 7-105. CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS. The wireless telecommunication facility is an unmanned facility and does not require any source of water or wastewater systems. 7-106. PUBLIC UTILITIES. The public utilities already at the existing wireless telecommunications facility are sufficient for the proposed tower. 7-107. ACCESS AND ROADWAYS. Access from the County Road to the tower meets the Roadway requirements in Article 7-107. The wireless telecommunications facility is not adding any new access or roadways. We are aware of requirements and will comply. Commnet is utilizing all existing access drives. 7-108. USE OF LAND SUBJECT TO NATURAL HAZARDS. We are aware of requirements and will comply. 7-109. FIRE PROTECTION. We are aware of requirements and will comply. Additionally, FirstNet, which will be added to the tower is a nationwide wireless broadband network dedicated to public safety and first responders. DIVISION 2. GENERAL RESOURCE PROTECTION STANDARDS. 7-201. AGRICULTURAL LANDS. There will be no agricultural operations or changes on the existing parcel as a telecommunications facility already exists on the site. 7-202. WILDLIFE HABITAT AREAS. There will be no changes to wildlife habitat areas or disturbances as there is already a wireless telecommunications facility on the land and the proposed tower will replace the existing tower. We are aware of requirements and will comply. 7-203. PROTECTION OF WATERBODIES. Not applicable. The proposed wireless telecommunications facility is not located near any bodies of water. 7-204 DRAINAGE AND EROSION. We are aware of requirements and will comply. 7-205. ENVIRONMENTAL QUALITY. We are aware of requirements and will comply. 7-206. WILDFIRE HAZARDS. We are aware of requirements and will comply. 7-207. NATURAL AND GEOLOGIC HAZARDS. We are aware of requirements and will comply. 7-208. RECLAMATION. We are aware of requirements and will comply. DIVISION 3. SITE PLANNING AND DEVELOPMENT STANDARDS. 7-301. COMPATIBLE DESIGN. We are aware of requirements and will comply. Commented [JL1]: Is there anything else I should add? ~ 7-302. OFF-STREET PARKING AND LOADING STANDARDS. Not applicable. The wireless telecommunications is an unmanned facility and will not require any off- street parking and loading. 7-303. LANDSCAPING STANDARDS. We are aware of requirements and will comply. 7-304. LIGHTING STANDARDS. Not applicable. The wireless telecommunications facility will not have any lighting. 7-305. SNOW STORAGE STANDARDS. We are aware of requirements and will comply. 7-306. TRAIL AND WALKWAY STANDARDS. We are aware of requirements and will comply. Site Name: Sunlight Mtn. Resort, CO LEASE AGREEMENT This Lease Agreement ("Lease") is entered into this 'd-ctcvd day of Qu E:J <1>± , 2012, by and between Ski Sunlight, Inc., a Colorado corporation, with a notice address of 0901 County Road 117. G le nwood Springs. CO 8 1601 ("Lessor") and Commnet Four Corners, LLC, a Delaware limited liability company, with a notice address of 400 Northridge Road, Suite 325, At lanta, GA 30350, Attn: Real Estate Notices ("Lessee"). For valuable consideration, receip t whereof is hereby acknowledged, the parties agree as follows: 1. Property and Premises. Lessor is the owner of certain real property with improvements thereon located at the street address of 10901 County Road 117. G lenwood Springs . CO, a nd at the approximate geographic coordinates of Latitude N 39 23 59.7 and Longitude W 107 20 15 , whi ch real property may be further described in Exhibit A attached hereto and made a part hereof by this reference (the "Property"). Lessor hereby leases to Lessee, and Lessee leases from Lessor, on the terms and considerations set forth herein, space on the Property including a 20 ' by 20 ' ground space and space for coaxial cables, appurtenances and ancillary equipment, as well as easements for in gress, egress, cabling and utilities to a ll of Lessee's spaces, fixtures and equipment (co llectively, the "Premises"), whi ch may be further described in Exhibit B attached hereto and made a part hereof by this reference. The Premises may be more specifically described following a survey or drawings by Lessee, which description may replace and supersede Ex hibit B. 2. Use. The Premises shall be used by Lessee for t he testing, construction, operation, maintenance, and replacement of communications faciliti es and all necessary appurtenances and uses incidental thereto ("Facil ities"). The Facilities may include, without limitation, poles, towers, antenna st ructures, antennas, di shes, cabling, equipment pads or shelters, radio transmission and computer equipment, utility and transmission lin es, batteries, generators, other fixtures and equipment, and gates and fences. 3. Tests and Construction. Lessee shall have the right at any time following the full execution of this Lease to enter upon the Property for the purpose of performing appropriate soils, environmental, and engineeting tests, surveys, inspection s, and other in spections and tests, and constructing the Facilities. Upon request Lessor shall furnish to Lessee copies of any existi ng tit le, soil and environmental reports and any existing plans, approvals, surveys, maps and reports for the Propetty. 4. Term. The term of this Lease is five (5) years commencing upon the date that construction of the Lessee's Faci liti es begins ("Commencement Date"). Lessee shall have the right to extend the tenn of this Lease for four (4) successi ve five -year periods (each an "Extension Tenn") on the terms and conditions set forth herein. This Lease shall automatically be extended for each successive Extension Tenn unless Lessee notifies Lessor in writing, not less than ninety days in advance of the commencement of the next succeeding Extension Tem1 , of Lessee's intention not to extend. 5. Rent. Rent shall commence on the Commencement Date and shall be in the amount of $250.00 per month. At the beginning of each Extension Tenn, the monthly rent shall increase by an amount equal to fifteen percent (12%) of the monthly rent for the immediately preceding five-year term. 6. Construction; Utilities; Access. (a) A ll of Lessee 's construction and installation work related to the Facilities shall be perfonned in a good and workmanlike manner. Title to the Facilities shall be held by Lessee. Lessee has the right to make additions and replacements to the Facilities. All of the Facilities shall remain Lessee's personal property and Lessee shall have the right to remove all or part of the same at any time, whether or not said items are considered fixtures and attachments to real property under applicable law. Lessee shall remove its improvements to the Property within one hundred eighty (180) days after expiration or termination of this Lease. Notwithstanding any other provision of this Lease, all underground foundations, wiring, cables, conduits, and appurtenances may remain upon and be surrendered with the Property at the expiration or termination of this Lease and shall then become property of the Lessor. Lessor shall cooperate with any reasonable request in making application for and obtaining of licenses, permits and all other necessary approvals that may be required for Lessee 's intended use of the Premises. Lessor shall take no action which would adversely affect the Property or its use by Lessee. (b) Lessor shall provide to Lessee, at Lessor's sole cost and expense. electrical connections and e lectrical power for the ongoing operation of Lessee 's Facilities. Lessee will install an electrical submeter which Lessor and Lessee mav use to monitor Lessee 's electrical power usage. Lessee shall reimburse Lessor for electrica l usage charges for Lessee's Facilities incurred by Lessor which are in excess of $3,000 per year (such amount to be increased by 15 % at the b eginning of each Extension Term), provided Lessor submits an annual invoice to Lessee (no later than sixty (60) days after each anniversary of the Commencement Date) w ith detailed calculations indi cating the usage and related charges attributable to Lessee 's Facilities for the previous t welve {12) month period. Additionally, Lessee shall have the right to access, install and obtain utility connections and lines over, under and across the Property. Lessor agrees to sign such documents or easements as may be required by utility companies to provide services to Lessee. (c) Lessee, its empl oyees, agents, contractors, guests and invitees shall have access t o the Premises without notice to Lessor twenty-four (24) hours a day, seven (7) days a week, at no charge. Lessor grants to Lessee, its employees, agents, contractors, guests and invitees a non-exclusive 1ight and easement for pedestrian and vehicular ingress and egress from the nearest public roadway to the Premises and space for parking. Lessor shall maintain all access roadways from the nearest public right-of-way to the Premises. 7. Interference. Lessor shall not permit its tenants, licensees, employees, invitees or agents to use an y portion of Lessor's properties in any way which interferes with the operation of Lessee . Any interference shall be deemed a material breach by Lessor, who shall, upon notice from Lessee, be respons ible for terminating sa id interference. In the event any such interference does not cease within twenty-four (24) hours of receipt of notice, the parties acknowledge that continuing interference may cause irreparable injury and, therefore, Lessor shall take immediate action to cause such interference to be e liminated. 8. Termination. This Lease may be terminated without further liability on thi rty (30) days prior written notice as follows: (a) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within thirty (30) days of receipt of written notice of default, provided that if the defaul t may not reasonably be cured within a thirty (30) day period , this Lease may not be terminated if the defaulting paiiy commences action to cure the default within such thirty (30) day period and proceeds with due diligence to fully cure the default; or (b) by Lessee if Lessee determines, in its sole discretion, that (i) any environmental, title, survey, soil boring or other report or test is unsatisfactory, (ii) Lessee does not obtain or maintain any desired approval, permit, right or easement, or (iii) the Premises location or operations of the Facilities no longer meets Lessee's economic, technological or business requirements. Additonally, this Lease may be terminated at any time by Lessee upon s ixty (60) days prior written notice to Lessor. 9. Destruction or Condemnation. In the event the Premises, Facilities or other portions of the Property are damaged, destroyed, condemned or taken, so as to materially interfere with Lessee's use and occupancy thereof, Lessee sha ll be entitled to e lect to tenninate this Lease. In the event of emergency, 2 damage or destruction to the Premises, Lessee may place, install or erect additional equipment or facilities on the Property as necessary to assure continuation of Lessee's operations. The parties will each be entitled to pursue their own separate awards in any condemnation proceedings. 10. Insurance and Indemnity. Lessee, at Lessee's sole cost and expense, shall procure and maintain on the Premises and on the Lessee Facilities, liability injury and property damage insurance with a combined single limit of at least One Million and 00/100 Dollars ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against li ability of Lessee, its employees and agents arising out of or in connection with Lessee's use of the Premises. Lessor shall carry commercial general liability insurance in amounts reasonably determined hy Lessor, but in no event shall such amount be less than that required of Lessee. Lessor shall also carry and maintain all risk property insurance covering its improvements, equipment and common area furnishings in amounts not less than their full replacement cost. Each party s hall indemnify, defend and hold the other harmless against any and all third-party written claims, demands, losses, damages and liabilities, and any costs or expenses, including reasonable attorneys' and consultant fees and expenses, to the extent arising from the indemnify ing party's breach of this Lease or from negligent or intentional acts or omissions of the indemnifying party 's agents, employees, invitees, guests or contractors, which duties shall survive the tennination of this Lease. 11. Title and Quiet Enjoyment. Lessor represents and wan-ants to Lessee that (a) Lessor has full right, power, and authority to execute this Lease and ha s obtained any and all consents required to enter into this Lease, and will provide Lessee with evidence of such authority; (b) Lessor is the sole owner and has good and marketable title to the Property free and clear of any liens , mortgages, or other encumbrances; (c) there is no agreement, covenant, condition or restriction relating to the Property which could affect Lessee 's use of the Facilities or rights under this Lease, (d) th ere is direct le gal ingress, egress and access from a public right-of-way across the Property to the Premises for Lessee's use for utilities, equipment, vehicles and pedestrians and (e) the Property is not in violation of any appli cable laws, statutes, ordinances, rules , codes, regulations , or orders of federa l, state, and other governmental or quas i-governmental authorities having jurisdiction over the Property. Lessor further covenants that Lessee shall ha ve quiet enjoyment of the Premises during the tenn of this Lease and any extension thereof. Lessor wa ives any li en rights it may have relating to the Facilities, and Lessee has the right to remove the Facili ties at any time. For any encumbrance on the Property L essor will promptly obtain from such encumbering entity a non- disturbance agreement stating that, so long as Lessee is not in default hereunder, thi s Lease will continue in full force a nd effect. If at any ti me during the tenn of the Lease Lessor decides to sell or otherwise transfer all or part of the Property, of which the Premises is a part, to a purchaser other than Lessee, then such sale or transfer s hall be subject to this Lease and Lessee 's rights hereunder. 12 . Hazardous Substances. Lessor and Lessee agree that they will not use, generate, store or dispose of any Hazardous Material (defined below) on, under, about or within the Property in v iolation of any law or regulation. Lessee will be solely responsible for and will defend, indemnify, and hold Lessor, it s agents, and employees harmless from and against any and all direct claims, costs, and liabilities, including rea sonable attorney's fees and costs, arising out of or in connection w ith the removal, cleanup, or restoration of the Property with respect to Hazardous Materials from any and all sources introduced to the Property by Lessee. Lessor represents, warrants and agrees that there are no environmenta l li ens against the Property and that th ere are no Hazardous Materials or underground storage tanks on or near the Property. Lessor will be so lely responsible for a nd will defend, indemnify, and hold Lessee, its agents, and employees harmless from and against any and all direct claims, costs, and li abi lities, including reasonable attorney's fees and costs, arising out of or in connection w ith the removal, cleanup, or restoration of the Property with respect to Hazardous Materials from any and all sources other than those Hazardous Materials introduced to the Property by Lessee. As used in this paragraph, "Hazardous Material" shall mean petroleum or a n y petroleum product, asbestos, any substance known by the s tate in which the Property is located to cause cancer and/or reproductive toxicity, and/or any substance, chemical or waste that 1s identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. 3 13. Relocation. (a) Lessor may request the above-ground portions of Lessee's Faciliti es be relocated to an alternate ground location on the Property; provided however, that such relocation will (1) be one-time and at Lessor's sole cost and expense, (2) be perfonned exclusively by Lessee or its agents, (3) not result in any interruption of the communi cations service provided by Lessee on Lessor 's property, (4) not impair or in any manner alter the quality of communications service provided by Lessee on and from Lessor's property, and (5) be done in accordance with the tenns and conditions contained in paragraph b. below. Upon relocation of the Faci lities, the access and utility easement(s) of Lessee will be relocated at Lessor's sole cost and expense as required, in the sole discretion of Lessee, to operate and maintain the Facilities. (b) Lessor will exercise it relocation right under paragraph a. above by (and only by) delivery written notice to Lessee. In the notice, Lessor will propose an a lternate site on the Property to which Lessee may relocate its Facilities. Lessee will have one hundred twenty (120) days from the date it receives the notice to evaluate Lessor 's proposed relocation site. If Lessee shows good reason to disapprove s uch s ite, then Lessor may thereafter propose another relocation site by notice to Lessee in the manner set forth above. Any relocation site which Lessor and Lessee agree upon in writing is referred to hereinafter as the "Relocation Site". Lessor and Lessee hereby agree that the Relocation Site (including the access and utility ri ght of way) wi ll be surveyed by a licen se d surveyor at the sole cos t of Lessor, and upon agreement in writing by the parties, such survey wi ll then replace Exhibit Band become a part hereof and will describe the Premises. Lessee will have a period of ninety (90) days after execution of a written agreement between the parties co ncerning the locati on and dimensions of the Relocation Site to relocate its Facilities to the Relocation Site. 14. Miscellaneous. (a) Each of the parties hereto warrants to the other that the person or pers ons executing thi s Lease on behalf of such party has the full right, power and authority to enter into and execute this Lease on such party's behalf and that no consent from any other person or enti ty is necessary as a condition precedent to the legal effect of thi s Lease. This Lease constitutes the entire Lease and understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any amendments to this Lease mus t be in writing and executed by both parties. (b) If any provision of this Lease is adj udged to be invalid or unenforceable with respect to any party, the remainder of this Lease sha ll not be affecte d and each provision of thi s Lease shall be va lid and enforceable to the fulles t extent permitted by law. This Lease shall be governed by the laws of the State in which the Property is located without regard to principles of conflicts of laws. (c) Lesso r or Lessee may assign, sublet or otherwise transfer a ll or any part of it s interes t in this Lease or in the Premises, provided Lessor shall not a ll ow any other commercial w ireless telecommunications to use or occupy the Property for the duration of t hi s Lease . Thi s Lease shall be binding on and inure to the benefit of th e successors and permitted assignees of the respective parties. (d) Any notice or demand required to be given here in shall be made by certified or regis tered mail, return receipt requested, or reliable overnight courier to the address of the respectiv e parties, firs t written above. Lessor or Lessee may from time to time designate any other address for this purpose by written notice to the other party. All not ices hereunder shall be deemed given when deposited with a nationally recogni zed overnight courier or otherwise upon actual receipt. (e) If personal property taxes are assessed, Lessee shall pay any portion of such tax es directly attributable to the Facilities. Lessor shall pay all real property taxes, assessments and d eferred taxes on the Property. 4 (f) Lessor acknowledges that upon request Lessor shall execute a memorandum of lease which may be recorded by Lessee in the official records of the County where the Property is located. Lessee may obtain title insurance on its interest in the Premises and Lessor shall cooperate by executing reasonable documentation related thereto. (g) In any case where the cooperation, approva l or consent of Lessor is required, requested or othetwise to be given under this Lease, Lessor shall not unreasonably delay or withhold its cooperation, approval or consent. IN WITNESS WHEREOF, the parties have executed this Lease as of the date first above written. LESSOR: Ski Sunlight, Inc., a Colorado corporation Federal Tax ID#: 3 k.2... S C~ Cf / 6 g, Print Name: ~ o s S J-e, r ,-. , / -~~-~-----7-,..--- Title: A s;-sr-~ .M , Date:. __ t:>.....,_[ ..,__( b=-,}_1 -=--<., __ _ { 5 LESSEE: Commnet Four Corners, LLC B~79L_:::::----,,, Print Name ~£ k 5t'A Title: __ f __ ' _;?_,,..-,--_______ _ D~e:~¢-~-~~~-- Site Name: Sunlight Mtn. Resort, CO EXHIBIT A DESCRIPTION OF PROPERTY The Property i s described and/or depicted as follows: Legal: Section: 33 Township: 7 Range: 89 El /2SWNW, E l /2Wl/2SWNW, SENW, Nl/2SW, SWSW, EXCEPT TR IN THE SWNW & NWSE CONT. 5.28AC. LYING SLY OF THE SLY ROW LINE OF CO.RD. ALSO EXCEPT A TR IN THE Nl/2SW CONT. 1.55AC. Th is Exhibit may be rep laced by a legal descri pti on and/or drawings of th e Premises once received by Lessee. 6 Site Name: Sunlight Mtn. Resort, CO EXHIBIT B Page 1 of 3 DESCRIPTION OF PREMISES The location of the Premises is described and/or d e pic te d as follows: A tract of land located in Section 33, Tow nship 7 South, Range 89 West of the 6th Princi pl e Merid ian, Garfield County, Colorado, being more particularly described as follows: Commencing at the Northeast corner of the Southw est Quarter (SWl/4) of Section 33, monumented by a 3 " aluminum cap stamped SGM C-¼ S33, LS 15710, from w hence the Northeast corner of the Southeast Quarter (SEl /4) of the North west Quarter (SWl/4) of Section 33, monumented by a 3 " aluminum cap stamped SGM C-NS1/S6, LS 15710 bears N 03°37'52" E wi th all other bea rings contained herein being relati ve thereto; thence S 73°21'12" W 958.29 feet to the Point Of Beginning; thence N 44°47'22" W 10.00 feet; thence N 45°12'38" E 20.00 feet; thence S 44°47 '22 " E 20.00 feet; thence S 45 °12'38" W 20.00 feet; N 44°47'22" W 10.00 feet to the Point Of Beginning, containing 400 square feet more or less, Together w ith an access easement, said easement being ten (10) feet wi de, fi v e (5 ) feet on each side of the fo llo wing described centerline: Beginning at the Point of Beginn ing of the above described tract; thence proceeding along said centerline S 45°12 '38" W 52.18 feet more or less to northerly right line of way of County Road 117A and easement end line, containing 521 square feet more or less. The sidel ines of sai d strip are lengthened or shortened to intersect the abov e described tract and the northerly rig ht of w ay line of County Road 117A. Also together w ith a uti lity easement, said easement being ten (10) feet w ide, five (5) feet on each side of the fo llowi ng described centerli ne; Commencing at the Point of Beginning of the above described tract; thence proceeding a long the southerly line of s a id tract S 44°47'22" E 10.00 feet; N 45°12'38" E 10.00 feet to the Point of Beginning of sa id ut ility easement; thence S 44°47'22" E 45 .00 feet to the easement e nd line, containing 450 sq uare feet, more or less. The sidelines of said strip are lengthened or shortened to intersect the above descr ibed t ract . Modificatio n in any w ay of the foregoing property description terminates all liability of the surveyor who prepared that description . 7 SKI SUNLIGHT INC. EXHIB IT A .~-. "' ,\,~~~,1U, ,,. _, l -~--~ t \' PAD LEASE AREA, UTILITY AND ACCESS EASEMENTS ·-- .....: . : . ; / \;, ._ :),; . ., , . ·, ;:_ ·-· . \\ ' J ,Ii}_. "' ~\ ' q -. • • -l Y ~-~~-': 11~· 1i ~' ···-~ '~ --'l'J~;J,,i,; . ::'.:',, -,.;=~~~-:;. C • \'\~~--~~°': . -,. '-~_, ........ _ ~,_--'A_-;-;::~ ·-_·: -.,,-.:··. , ____ -.. -::,;o ""~>'tl,,~ • . ~: '1 ~-;,'i,c·· , '""IJ!_ ,- ,. _'!:-; ' 'f~,~1 -~ ,.. .. #~;:: ~~ !!:. (·\:~i ~\ -'f:';=~· ~h.~'"ls ... ·'~ ....... ___ -----'-. ··............ EDGE OF RECOVER , -.____ ._ '•,,,' \ARKING AREA STAMPED io 3 ALU M CAP ~ · . .....__ ·-.... LS 15710 -Nin OS 33 , ~ AI N RORX . CEN~ER--~· ' ' §? ~UJ al. u,N o!P '.' r.~: '~/,. ~-~ -''4+1 l•\t · ·. · · · " '\~,,,~1-.;' ,;._,~_--·_,·:.,' 1'_1 ,;J.~ ~{~'~;j . ..-.. · -lflo,; ~tJ""'l'W,/1> N.U. a Sfl'E LOCATIOH SU RVEYOR'S NOTES: 1 THIS~ IS A COM?a.ATION Of IM'O.:IMA110H PR(MOED 00: fot.Nl IN A PV8UC RECOt1D. n;cnc 1/AY 6E OT1£R OOCCMENTS SPEGIFYNi EASEf.:ENTS. RESTR.CTIONS. COVEf',/N\'TS OR COOES THAT \~RE NOT PROY.0ED OR ARE NOT lO.'OWN A.T THE TIME OF TIIE PRE PARATION Of TH.S E.XH.81T 2. THIS EXH BIT lS 'IENIT TO OEPtCT TIE PROPERTY DESCRl?TlOtl NfJ IS FCR N'ORMATOW.. PURPOSES CH.Y. rr ooes NOT REPRESENT A MONJ~tENTEO lAAO SURVEY. ms DOES t.'OT CONSTITUTE A Tm.E SEAACH BY ron SURVEYS, -He. TO OETERM IN:: O'M.'ERSHIP OR EASEMEtlTS OF RECORD N011CL w*\ r '' ' \ s ( IN FEET) 1 INCH= 60 US FEET GRAPHIC SCALE PH-- 30 15 0 30 ,te~~~- For and on bellatt of TOTL Surveys, Inc. 117A '•, ·-•••• ,,, / TOP OF SLOPE ', J ' "--. I --;J • .. -,,__<;,·. '-,n,'o 0' ,_ . 'ti -· - ,;,.f:!,,,<$,~G:,G:, • , $ 1~•i\'\! el "}~ .:f ~-',.' ri:,,'ig1/~~~~ECD13/4"A SLU M. CAP ~ ~ 1 LS 1571 • 33 1io;, ----~•~'-" u' 0 7~~ ',' •;:,' fy, .,~~~ l· .. ~:,;,._ <';.;"8 7o, <-l, ·----~--·(b.'<'-~ \. O.ii; ..._l:l ~, ~ -l '-~---'\. ,-l/ OVERHEAD '-',, ,J\ r-,..._'\_ UTILITIES ~C, "~ "\ L ~r; ~8 CllZ l'F,ffE,'J{([) $ REOOJEREO 3• AWMNJ~ ~ COMMNET WIRELESS L.L.C. SKI SUNLIGHT INC. [lOCA110N CJ) (; C -::, (1 ii' ~ ::,-n .-+ -s: = .-+ Cl ::, :::0 CD (/) 0 _;::::i (") 0 m X I OJ -I OJ "U !l) (C CD 1- Seclion 33, Townsh ip 7 Soulh, Range 89 West, 6 TH P.M., Garlield County, Colorado. -11-050EaSunlightMtn Gar "'-'; N ~ ....... 10F2 Q_ (.,) ;:;:3J;j <1 -1, i~ e:.~~7: 1,•ci.-,rrv~ t-.TC a :;ITClOCATIOfl N 11 ~. ~ s (IN FEET) 1 INCH = 30 US FEET GRAPHIC SCALE 15 8 0 15 A tract of land located in Section 33. Townsh ip 7 South. Range 89 West of the 6th Princip le Meridian. Garfield County, Colorado. being more particularty described as follows: Co mmencing at the Northeast corner of th e Southwest Quarter (SW1/4) of Section 33, monumented by a 3" aluminum cap stamped SGM C-¼ S33. LS 15710, from whence the Northeast corner of the Southeast Quarter (SE114) or the Northwest Quarter (SW114) or Section 33. monumented by a 3" aluminum cap stamped SGM C-NS11S6, LS 15710 bears N 03'37'52" E with all other bearings contained herein being rel ative thereto: th ence S 73'21'12" W958.29 feet to the Point Of Beginning; thence N 44"47'22" W 10.00 feet; thence N 45'12'38" E 20.00 leet; thence S 44'47'22" E 20.00 reec thence S 45'12'38" W 20.00 feet: N 44•47 22·· W 10.00 feet to th e Point Of Beginning, contain ing 400 square feet more or less. Tog ether with an access easement. said easement be ing ten (10) feet wide, five (5) leet on each side of the follov.ing described centerline: Beginning at the Point or Beginning or the above ~escri!>ed tract thence proceedi ng along said centerlines 45'12'38" W 52 .18 reet more or less lo northerty right line of way of County Road 117A and easement end line, con tain ing 521 square fee t more or less. The sidelines or said str,p are lengthened or shortened to intersect the above described tract and the northerly right of way lin e of County Road 11 7A. Also together with a u1i'i1y easement, sa id easement being ten (10) feet w,de, five (5) feet on each side of the fotlowmg desa,bed centerline; Commencing at the Point of Beginning of the above described tract; thence proceeding along the southerty tine of said tract S 44'47'22" E 10.00 feet; N 45 '12'38" E 10.00 feet to the Point of Beginning of said ut1l,ty easement; thence S 44"47'22" E 45.00 feet to the easemen t end line, containing 450 square feet, more or les s. The sidel ines of sa id strip are leng thened or shortened to intersect the above described tract Modification in any way of lhe foregoing p(Operty description ter minates all liability of the surveyor who prepared that description. SURVEYOR'S NOTES: I. THIS SURVEY 1$ ACO).wllATKlNOf" ltl"ORl.'Al tON PROVIDED CR FC UNO l~A PVSUC RECORD. THERE MAY BE OTHER DOCUMENTS SPEC'FYI~ EASE.\IENTS, RESTRICT!ONS, COVENANTS OR COO:S TH.t.T 'M:RE NOT ?ROVIDl"D OR ARE NOT KNO\VN Ai THE ilME Of n-t: AAEJ'AHATIONOf THIS EXt:IB!f. 2. THIS EXHISIT 1$ M.:/JH iO OEPJCT THE. ~CP£.~lY DESCRI PTION AND IS FOR !N=ORMATIONAL PUF:POSFS ONLY. IT DOES NOi RE?RE.SCNT /..MQt,,;lalENTEO L.A.'if>SU~Y THlS DOES !'\OT CONSTITUll:. A nTLE Si:>.RCH BY TOTt SURVEYS lNC, TO OETER~!lt,.E O~ERSHI? 00 EAS8.',ENTS Of REcc:>hD. 'i;mct t~{~~~1~~~~~:M'c\/~1i:lf!Jrt~~~~"·~== "EARSAF'i:'.e!VOU F"~s-ClSCO'l£P.$1JCH ::Fee· IN t.O EVUrv;.y AH'( ,t,CTION 645!::0 VF'OHA:rt CEFEC"l' JlT-S SOR\'!.'1 2:E-COU'.IEHCEO VORE HWIT[N YEARS f~Of.' TM:: W.lt OF lHE &iAT[MfNT SHO'IA/ H!:S.:EOU. & PLS 34985 . SKI SUNLIGHT INC . EX HIBIT A CJ) C. C ;: :::l (1 co· ; ::::; D ..+ PAD LEASE AREA , UTI LITY AND ACC ESS EASEMEN TS s:: (1 ' ' ' ', ',,,,,',,,,,,,, j TOP OF SLOPE ---. I ,,~#'--,"" i----,n,'b 0 ', . ' " \j',J ·"'I,, 'b ~ c., c.1?>•?.\ \?: if., c\, '-. v,C::J V --~ <::, <6~~v ', ,_\ g5?J,'lg1/ ' \ I ' ~ .('\ ,f ,f V ,, \' \)' ,, ----.. ~,.' ~ ,, V -., 'i1 o ,,,, , 'i1 0~ 7~ -</ ·~ ,, /0, ( • ~" ..,, ... '-'i1s, :>~ J .. "' , ·Oo, ~~ ~~ ----~--<" ~~- ~ \t - OVERHEAD UTILITIES L ..+ :::l ;o CD (/) 0 _;::::i. () 0 m >< I OJ -I OJ -a COMMNET WIRELESS L.L.C. SKI SUNLIGHT INC. ~ ~oc:;.Jl()H Section 33. Township 7 South, Range 89 \\'est. 6 TI-i P.M.. Ton Surveys. lr.c ~,~~Vif:,.eonu CD Galfiekl County, Colorado. To Of The Line Surve s Inc. (.,v IRNMd· '"" 11-050EaSunlightMtn Gar ;MOF 2 0 -(.,v ParcelId OwnerName OwnerAddress1 R080931 WHITE RIVER NATIONAL FOREST PO BOX 948 R080443 HEBERT, AMY & CARTER, THOMAS 11101 COUNTY ROAD 117 #3-G R080442 ZINK, MATTHEW S 11101 COUNTY ROAD 117 #G2 R080441 QUINTALINO, JOEL 140 MACKENZIE ST R080439 HENSLEY HOLDINGS LLC 282 HOME PLACE R080440 WHITE PROPERTY CO #2 LTD PO BOX 850172 R080438 CREED, GREGORY H & SHELLEY E 26210 MILLMAN DRIVE R080438 CREED, JENNIFER L 26 WESTMINSTER DRIVE R080437 BOWER, MICHAEL W & LEE ANN 1/2 & BAILEY 3020 FLITE ACRES ROAD R080436 WARD, ROBERT EARL & SHERRY TILLMAN PO BOX 6984 R080913 BRETTLEBERG CONDOMINIUM ASSOCIATION, INC 11101 COUNTY ROAD 117 R080432 KOVARIK, JESSICA & WALKER, MATTHEW 185 SE LEBLEU LANE R080427 SKELTON, JANE ANN 177 ADDINGTON DRIVE R080435 LORENTSON, LARRY TODD PO BOX 932 R080426 MALEHORN, DAVID R & SHELBY J PO BOX 352 R080431 LORENTSON, LARRY TODD PO BOX 932 R080425 HARRINGTON, MICHAEL T 11101 COUNTY ROAD 117 #4-E R080430 EPP, NATHAN & JULIE 5284 SUGAR MILL RD R080420 DOMINGUES, ALLEN RAY JR 2820 HAGER LANE UNIT E R080424 HARRIS, JAMES A PO BOX 1013 R080429 BRADY, JOHN E & JUDITH E 12298 W MISSISSIPPI AVE R080419 HUBER, ROBERT BRETT & JAMES EMIL 711 NW 25TH AVE #D R080423 GOLDEN, DUSTIN PO BOX 523 R080428 OLSON, JEFF 9039 DRAKE WAY R080418 BOULERICE, BERRY & MYRNA 7480 S HOBBS POINT R080422 MCKENZIE, DAVID RYAN 10258 COUNTY ROAD 117 R080417 ARNOVE, DEAN & VIRGINIA 624 PAINT PONY TRAIL NORTH R080421 ROUSON, QUINCY N 1082 E 7TH STREET R080416 HEBERT, AMY ELLEN & CARTER, THOMAS BENJA 5867 EAST ASHLAND DRIVE R080410 LANGSTON, LEONARD B & MINDY H PO BOX 112 R080434 BRETTLEBERG CONDOMINIUMS ASSOCIATION 11101 COUNTY ROAD 117 R080409 WEISS REV TRUST, FREDERICK AND ALTA 85 SANDYHOOK ROAD R080415 GARLOW, JAMES EVERETT & NELSON GARLOW, B 14 KUAPAPA PLACE R080433 BRETTLEBERG CONDOMINIUMS ASSOCIATION 11101 COUNTY ROAD 117 R080408 METCALF, RONALD & CECILIA 7013 ALLENS PARK DR. R080414 HANDLEY, JOHN E 11101 COUNTY ROAD 117 #6C R080400 ALSTATT LIVING TRUST 889 W. 102ND PLACE R080407 BERRY, TIFFANY APRIL PO BOX 202 R080413 JANUSZ, ASTRID B REVOCABLE TRUST 12783 POINT DRIVE R080406 FIELD, MICHEL & GORDON, TROY 50497 HIGHWAY 6 R080412 BARBEL, RICHARD C & SHIRLEY E 4675 WATERFORD CT NE R080405 BURGER, CRAIG 413 HYLAND PARK DRIVE R080411 GARCIA, ROBERT 427 S ESTES ST R080399 WHITE PROPERTY COMPANY NO 2, LTD PO BOX 850172 R080404 MITZVAH PROPERTIES 81649 MEADOWFIELD BLUFFS RD R080403 LANGDON, JOHN G & GEORGIA A 942 POINCIANA LANE R080398 SUNLIGHT VENTURES LLC 833 MONROE STREET R080402 PETROSIUS, ABIGAIL JOY & GARDNER, MATTHE 7720 STANLEY DRIVE R080397 R080397 NELSON, MATTHEW & VICKI FUCCI PO BOX 2474 R080401 MCKEON, THOMAS C & MARY ELLEN 79 NEILL DRIVE R080396 POE, GARY A & LAURA 1615 COTTONWOOD DR R080395 PEZOLDT, BARBARA J & JAMES A PO BOX 75635 R080394 ADKISON, TIMOTHY LEWIS & KELLY ANN 4609 CHICORY COURT R080393 BOYE, CAROL LYNN & LAWALL, ARTHUR WILLIA PO BOX 1281 R080392 RUSSELL, JO DEE 11101 COUNTY ROAD 117 R080391 WEISS, FREDERICK & ALTA REVOCABLE TRUST;85 SANDYHOOK ROAD R080527 NORTH THOMPSON - FOUR MILE MINERAL & LAN 4239 HIGHWAY 133 R080868 REILLY, HUGH P. & CHRISTINE S.10256 COUNTY ROAD 117 R080869 MCKENZIE, DAVID R & ELIZABETH L 10258 COUNTY ROAD 117 R080867 SUNLIGHT INN & REALTY LTD. LIABILITY CO PO BOX 331272 R080775 SUNLIGHT MOUNTAIN PROPERTIES, LLC PO BOX 331272 R080134 SUNLIGHT MEADOW CABIN LLC 151 LAIRD LANE R080543 LORENTSON, LARRY TODD PO BOX 932 R080500 SKI SUNLIGHT, INC 10901 COUNTY ROAD 117 R080542 LORENTSON, LARRY TODD PO BOX 932 R080539 SUNSHINE RANCH LTD PO BOX 83 R084170 WHITE RIVER NATIONAL FOREST PO BOX 948 OwnerAddress2 OwnerAddress3 OwnerCityStZip Country GLENWOOD SPRINGS CO 81602 GLENWOOD SPRINGS CO 81601 GLENWOOD SPRINGS CO 81601 BROOKLYN NY 11235 GLENWOOD SPRINGS CO 81601 MESQUITE TX 75185-0172 HEBRON MD 21830 BERLIN MD 21811 WIMBERLEY TX 78676 MIRAMAR BEACH FL 32550 GLENWOOD SPRINGS CO 81601-9534 WINSTON OR 97496 TOCCOA GA 305773863 KOKOMO IN 46901 GLENWOOD SPRINGS CO 81602 KOKOMO IN 46901 GLENWOOD SPRINGS CO 81601 RUSSIAVILLE OH 46979 GLENWOOD SPRINGS CO 81601 GLENWOOD SPRINGS CO 81602 LAKEWOOD CO 80228-3639 DELRAY BEACH FL 33445 GLENWOOD SPRINGS CO 81602 FREDERICK CO 80504 LECANTO FL 34461 GLENWOOD SPRINGS CO 81601 FORT WORTH TX 76108 CRAIG CO 81625 NASHVILLE TN 37215 CARBONDALE CO 81623 GLENWOOD SPRINGS CO 81601-9534 BERLIN MD 21811 KIHEI HI 96753 GLENWOOD SPRINGS CO 81601-9534 COLORADO SPRINGS CO 80922 GLENWOOD SPRINGS CO 81601 DENVER CO 80260 GLENWOOD SPRINGS CO 81602 WILLIS TX 77318 GLENWOOD SPRINGS CO 81601 ST PETERSBURG FL 33703-4948 GLENWOOD SPRINGS CO 81601 LAKEWOOD CO 80226 MESQUITE TX 751850172 YULEE FL 32097 WINTER PARK FL 32789-1016 DENVER CO 80206 ANCHORAGE AK 99518 GLENWOOD SPRINGS CO 81602 WATERTOWN CT 06795 NEW IBERIA LA 70560 COLORADO SPRINGS CO 80970 COLORADO SPRINGS CO 80917 GLENWOOD SPRINGS CO 81602 GLENWOOD SPRINGS CO 81601 OCEAN PINES MD 21811 CARBONDALE CO 81623 GLENWOOD SPRINGS CO 81601 GLENWOOD SPRINGS CO 81601 NASHVILLE TN 37203 NASHVILLE TN 37203 GLENWOOD SPRINGS CO 81601 KOKOMO IN 46901 GLENWOOD SPRINGS CO 81601-4541 KOKOMO IN 46901 WOODY CREEK CO 81656 GLENWOOD SPRINGS CO 81602 10901 County Road 117 – Sunlight Mountain Resort – Impact Analysis 1. Adjacent Land Use. Existing use of adjacent property and neighboring properties within 1,500- foot radius. The tower is located within the Sunlight Mountain Resort ski area. The adjacent land use of adjacent property and neighboring properties within 1,500-foot radius includes recreation land. 2. Site Features. A description of site features such as streams, areas subject to flooding, lakes, high ground water areas, topography, vegetative cover, climatology, and other features that may aid in the evaluation of the proposed development. The main site feature includes mountainous topography as the cell tower is located at the base of Sunlight Mountain Resort. The climate of the area is warm, dry and mostly clear during the summer and winters tend to be freezing, snowy, and cloudy. 3. Soil Characteristics. A description of soil characteristics of the site that have a significant influence on the proposed use of the land. The soil characteristics will not have any determinantal impacts or significant influence on the land. There already is a wireless communication facility where we will be performing the drop and swap and there have been no issues regarding the soil from the current tower and we do not expect there to be any with the new tower. 4. Geology and Hazard. A description of the geologic characteristics of the area including any potential natural or manmade hazards, and a determination of what effect such factors would have on the proposed use of the land. There are not any geologic characteristics including natural or manmade hazards that would affect the proposed use of the land. 5. Groundwater and Aquifer Recharge Areas. Evaluation of the relationship of the subject parcel to Floodplains, the nature of soils and subsoils and their ability to adequately support waste disposal, the Slope of the land, the effect of sewage effluents, and the pollution of surface Runoff, stream flow, and groundwater. No impacts are anticipated. Commnet will not perform construction without a passing Geotechnical Report. 6. Environmental Impacts. Determination of the existing environmental conditions on the parcel to be developed and the effects of development on those conditions, including: a. Determination of the long-term and short-term effect on flora and fauna; b. Determination of the effect on designated environmental resources, including critical wildlife habitat; c. Impacts on wildlife and domestic animals through creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns, or other disruptions; and d. Evaluation of any potential radiation hazard that may have been identified by the State or County Health Departments. We anticipate no additional impact as there is already a telecommunication and our installation is just an upgrade to the tower to allow height. 7. Nuisance. Impacts on adjacent land from generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. There will not be any nuisance impacts on adjacent land. The proposed application is proposing to install a taller tower. 8. Hours of Operation. The Applicant shall submit information on the hours operation of the proposed use. This is an unmanned facility with occasional maintenance that occurs throughout the year. 10901 County Road 117 – Sunlight Mountain Resort - Request for Waivers SAC Wireless on behalf of AT&T would like to request a waiver Per section 4-202 for the Traffic Study, Wastewater Mangement Plan, and Water Supply Plan. Please see below for further details. SAC Wireless on behalf of AT&T would like to request a waiver for the Traffic Study 4-104 L. because the telecommunications site is unmanned and will not increase traffic and therefore, the Traffic Study is not applicable. SAC Wireless on behalf of AT&T would like to request a waiver for the Wastewater Management Plan because the telecommunications site is not hooked up to a water supply and does not produce wastewater. Therefore, the Wastewater Management Plan is not applicable. SAC Wireless on behalf of AT&T would like to request a waiver for the Water Supply Plan because the telecommunications site will not be hooked up to a water supply and therefore, the water supply plan is not applicable. Kind Regards, Joseph Levie Joseph Levie | Zoning & Permitting Specialist|Office: (312) 858-9024 SAC Wireless, 540 W. Madison, 9th Floor, Chicago, IL 60661 Joseph.Levie@sacw.com | www.sacw.com • Commnet Connecting Rural Amerlca October 18, 2019 Re: LETTER OF AUTHORIZATION FOR SAC WIRELESS Dear Sir or Madam: By way of this letter, please recognize that Commnet has engaged SAC Wireless to represent our company to evaluate site conditions, negotiate modifications to our current real estate agreements, obtain necessary permits, and perform maintenance and service work at our facilities. Commnet values its reputation with its landlords and local government agencies and has instructed SAC Wireless to protect its good standing in all matters. To that extent, please accept this as Commnet authorization for you to discuss the terms of our site agreement and possible improvements or changes that may be proposed at the facility with SAC Wireless. We very much appreciate your assistance in the continuing operation of this wireless communication facility. Thank you for your attention to this matter and if you require further information or if you have any questions, please feel free to contact Cindy Phillips at (720) 733- 7854. Regards, SV erations Commnet Wireless Co mnet Connecting Rural America LETTER OF AUTHORIZA TION TO THE CITY/COUNTY OF: GARFIELD COUNTY APPLIC ATION FOR ZONING/USE/BUILDING PERMIT Th e und e rsigned Ski Sunlight, Inc of the below described Property ("Owner"), doe s/do hereby ap po int Co m mne t Four Corners, LLC ("Commnet"), as agent for the purpose of consummating any zoning and permitting applications necessary to ensure its ability to use and/or construct imp rovements to the Property leased, or licensed to it , for the purpose of co nstructing a wireless co mmunications facility . I understand that the application may be denied, modified or approved w it h con ditions and that thos conditions or modifications must be complied with prior to is suance of building permits. Owner hereb y authori ze s the employe e s of the City/County of Garfield County to enter upon the Property during normal business hours as ne cessary to ins pec t the Property for the purpose of processing this application . Pro perty Located at: 10901 County Road 117 Glenwood Springs CO , 81601( 'Property") A ssessor 's P arcel Numb er : 23 953 33 00051 Owner's Name (p rint): Si gnature (and title, if applicable) of Property Owner: Date Ex ecuted: Name: __ G? __ ~-~-'--=-'--==--===-~------ Title: -A .s5T <» M Si te Name: Sunlight Mountain Resort