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Home My WebLink About1.0 Applicationc:G Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 TYPE OF APPLICATION ... . . . .. -.. o Administrative Review vlJIIALimited Imp~ctReview .-j:5"'Major Impact Review ;8( A.• m ~~dments.. to ~proved LUCP .. . QI:1IR DMIR tlW(SUP _ [J . Mi.n."! T emp or~ ry.H() u sinll Facility. _. D .. Vacation of a County Road/Public ROW . o .Pipeline DeveloPlllent o Comprehensive Plan Amendment ..... _ qMajor 0 Minor i INVOLVED PARTIES 1· O;,Jnerj Applicant I Name: Richard and Karen Rhoades ! Mailing Address: 477 County Road 233 LAND USE CHANGE PERMIT APPLICATION FORM RECEIVED JUN 05 2013 o Locatio~tffllfbQi(~TY o Developmeh~\Wi~~~.wiIti,t~dplain o Designation of Flood Fringe/Floodwax o Rezoning .. 0 Zone. DistrictD PUD 0 PUD Amendment o ULUR Text Amendment o Appeal of Administrative Interpretation o 1041 Regulations o Variance o Time extension Phone: ( __ __ i! City: _R_,,f l _c.·c,. ________ ______ State: CO Zip Code: _ _ ______ iI E-ma'•I :_ __________________ _____________ ! i Representative (Authorization Required) ! Name: Annie Mackiewicz i Phone: ( 303 )_60_1_,7_24_1_ __ _ I Mailing Address: 15042 Prairie Place I --------------------------------------------i City: Broomfield State: CO Zip Code: _8_0_02_3 ______ _ ! E_mail. amack@atecs.com , .--~------------------------------I· -.-J PROJECT NAME AND LOCATION !-project Name:---_. ... . .. -. i Rhoades DE05AL545 :----------------------------------------------- --------------------: Assessor's Parcel Number: 21773303331_ 2 _ _ _ _______ _ i Physical/Street ~ddress: 477 County Road 233 Rifle, CO 81650 iI legal Description: ___________________________________ _____________________ _ , ; Ii-------------------------------------------------------------Zone District: _Ru_I'lII_ _ _____________ Property Size (acres) : ________ j PROJECT DESCRIPTION Existing Use: SBA leases a portion ofibe property alido\~lls a 199' tower th~t two (2) cal~iers lease space on. One of the tenants is Sprint and we are doing a submittal for a limited impact review. Sprint would like to swap three antennas for three new antennas, take off un-used coax and put a hybrid cable in the existing cable tray. Proposed Use (From Use Table 3-503): ___________________ _ Description of Project: Sprint would like to swap out there equipment to accommodate additional data on the phones and help serve the area. With more folks working from there homes customers want more data and faster data. , REQUEST FOR WAIVERS Submission Requirements o The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: ______________ Section: ______________ _ Section: Section: ______________ _ Waiver of Standards o The Applicant is requesting a Waiver of Standards per Section 4-117. List: Section: Section: ______________ _ Section: _____________ Section: ______________ _ I have read the statements above and have provided the required attached information which is corr~nd accurate to the best of my knowledge. ~Y , Signature of proper~ ~ 5'30. 1..3 Date ; OFFICIAL USE ONLY FileNumber: _______ _ Fee Paid: $ __________ _ cG Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (9701945-8212 www.garfleld-countv.com . ~e1 LAND USE CHANG~F~l ' ' ~ . ,APPLICATION FO~ ~ ~ . . ~~1-. ~~ LT YPE"OF AP~iCAT iON . =-----.. -~~~'-------7-~. --"":"'""~~--:--~----:-~-7-,-,-_~ o Administrative Review ~ Location and Extent Review I III Limited Impact Review I 0 Deve lopm~nt in lOO-Year Floodplain ~ o Major Impact Review I 0 Designation of Flood Fringe/Floodway I o !Tendments to an Approved LUCP I 0 Rezoning l q:tLIR DMIR 0 SUP I 0 Zone DistrictD PUD 0 PUD Amendment I o Minor Temporary Housing Facility I 0 ULUR Text Amendment I o Vacation of a County Road/Public ROW I 0 Appeal of Administrative Interpretation I ~_I:;LPipeli':l..e Devel~E~ent _______j ...l!_..!041,Regulations ~ I 0 Comprehensive Plan Amendment I 0 Variance j L 0 Major D~inor --.1__ ---i r ---~ ---,.. ---------------------------~------------------------.. ------------------. -., ~NVOLVED PARTIES Owner/Applicant Name: Michele Copley Phone: (859 ) 585-3867 I MallingAddress: 6914 S. Ulster Circle I City: Centennial State: Co Zip Code: _8_011_2 ____ _ I E-mail: mcopley@sbasite.com I-R-eprese-n-ta-tive (Authorization Requ-Ir-edj"--·-.. ------·-------I Name: ----------------------------------Phone: (,---------------I ---------1I Mailing Address: _____________________________________________ _ I City: ___________________________ State: _____ Zip Code: _______ _ E-mall: ______________________________________________________ __ -PROJecrNAMEAND-LOcATION--------'-------.. ~--·--:-.. -:-----... ·----.---.----Project Name: Rhoades/DE05AL545 0 3 '2 Assessor's Parcel Number: .QLLJ,.... ~ -e::Z:}1, 11.-0-(J _I d.-Physical/Street Address: OL/1'l Cm.lJYI~~ goad 2,33 ! Ri£I~.J CO. -g/iP'5D I Legal Description: __________________________________ _ Zone District: ______ R~Rr------------_-_-_~_p_rop_ertyslze_(ac _resl: ~~~~~~~~~~~~~J :~:P:WOl:E,¢t:~tj~:S.~~l~t'P.NU/(,:~~~[;;~Y:[/~~J;·{YJ~~WX~.~\/~~:::~:}'ri/Nj/.#F(+~V1./q!//:S~·/{;}{!ii~!:;,i::\:'::_;:H!~6.?{,jjD'\HW!:iJ~',<'~:/~{//"(:j)!.)D~:-/;;k;),:~j Existing Use: CElL SITE TOWER. PROVIDE WIRELESS SERVICE TO SPRINT COSTUMERS FOR THIS AREA Proposed Use (From Use Table 3-503): ____________________ _ Description of Project: EXCHANGING ANTENNA. MAINTENANCE CHANGE yRt(tiV~$.~~QRiW~)Y.~~s;;~;(;Hft;jgt~i¥/i/N/Z~~jH~~(NYN/~(6h#H.~~/~:~,~1~W;:\tJ/dtm;~>~Wfff/}?!/~~{i{;:f~~~::tt'///~1~~1~;fi~:f~,;?/J},t·t)/~1 Submission Requirements o The Applicant requesting a Waiver of Submission Requirements per Section 4-202. list: Section: Section: ______________ _ Section: _____________ Section: ______________ _ Waiver of Standards o The Applicant is requesting a Waiver of Standards per Section 4-117. list: Section: Section: ______________ _ Section: Section: ______________ _ I have read the statements above and have provided the required attached Information which is correcta;~,~w-.. -'e-d-g-e-. ___ _ 3/28/13 Signature of Property Owner File Number: L R 11 fl -.1. ~ ~ 1. Date OAA_c:C2 -Fee Paid: $ Q~_ [SBA IJI] MEMORANDUM TO: MOLLY ORKILD-LARSON FROM: ANNIE MACKIEWICZ SUBJECT: RHOADES APPUCATION DATE: 6/9/2013 CC: LOCATION: 0477 COUNTY ROAD 233 RIFLE, CO Molly, SBA is requesting a minor modificalion for the upgrade on the 199' tower located at 0477 County Road 233. This is a request that is considered maintenaJ1Ce in the telecoll1 induslry but ca n mean va rious things for the juris dictions. The tower currently owned by SBA has Sprint alld one other carrier on the tower. Sprint currently has three alltelU1as a11d Spri11t is requesting to swap out the antennas for tlu'ee new antennas. The RRU's in reference on the drawings is more described as a11 RRU (Remote Radio Unit) is the transmitter/receiver for a telecommunications site. This equipment in p.ast has been lucated un the ground inside the cabinets that house all the equipment. Instead of using all coaxial cable the newer technology equipment feeds the RRU that is located at the antelU1a wi th a fiber connection and power. The RRU then connects to the antenna with a short run of coaxial cable. This allows less loss between the equipment and a greater customer experience with their phone. This will be mounted behind the antenna and will not be visible from a distance due to the height of the antelmas on the tower. I believe this minor modification complies with the Section 4-106 © of the land use code. 1. SBA does comply with aU the requirements of this code. 2. Does not conflict with the comprehensive plan. This is a cell s i "~ with multiple carriers and multiple equipment to serve customers. 3. Does not dlange the d1aracter of the Development-By swapping antennas does not a lter the development. The infrastructure and mounts are existing on the tower there isn't any visu al impact. 4. Does not alter the basic relationship of the development to adjacent property. This cell s ite will not look ally different once the project is complete. S. Does not change the uses permitted-same uses as before. 6. Does not require amendment or abandonment of the ally easements or right away-this has nothing to do with any easements or right away. 7. Does not increase the density -the density impact is the same. 8. By swapping the antelmas does not conflict with table 3-201-9. N/A There is a minimal impact on the tower for the upgrade that will benefit the users in Garfield COlmty. As noted in my original submittal SBA on behalf of Sprint is working to respond to unprecedented clistomer dernand for dependable wireless communication services. To meet this demand, Sprint is constantly improving its coverage areas and expanding its network capacity to handle the growing number of customer calls and d ata transmissio ns. The visual impact is minimal from th e standpoint as this is a 199' tower that already has carriers on the tower. This will allow Sprint to improve wireless coverage. The net results are better service for residents, business and visitors in your loca l area and a greener cell site. This site currently has two technologies but the antenna sys tem and ground mounted cabinets must be modified to allow the impleme ntation of the new technology while keeping the proper isolation between technologies/frequency band for interference intermodulation control. Please note the equipment piacelnent on the ground is all within our lease area .. In addition to convenience and enjoyment, wireless communications play eHl important role in personal and public safety: last year (2011) over 395,000 E911 calls were made each day on wireless phones. In fact, over half of all emergency calls each year are made on cell phones. SBA on behalf of Sprint looks forward to working with you to provide better wireless services to your community. Please contact myself for any information you should need 303.601.7241 or via e-mail amack(<i'a tecs.com. I hope this fulfills the applica tion requirements. Rega rds, '~6 Ann ie Mackiewicz, Consultant 303.601.7241 Garfield County Attention: Molly OrkiJd-Larson 108 8,h Sh'c"t, Suite 401 Glenwood Springs, CO 81601 Project: Richard and Karen Rhoades [SBA I»] Address: 0477 County Road 233 Rifle, CO Parcel: 217733033312 RECEIVED JUN 0 5 2013 GARFIELD COUNTY ~~IW!f:I~:PLANNING I wanted to thank-you for working with me on this project and moving things along. SBA is working with Sprint to modify the site for L TE. Sprint leases spaces on the tower SBA owns that is located at 0477 County Road 233 Rifle, CO. Existing zoning: Rural Sprint would like to take off three (3) panel antennas and three (3) new panel antennas. This is a 199' tower that two (2) carriers are on the tower. I have attached a copy of the lease and rights for the property to SBA tower. The items attached: Application Payment agreerllent form Statement of authority Deed Zoning resolution 2002-77 Copy of the lease. Drawings After 9/11 the Telecommunications industry has looked at alternative ways to keep our communication constant in case of a major disaster. We are modifying antennas that allow for more frequencies and use of data on phones. I look forward to working together. S~. _ Annie Mackiewi:-U 303.601.7241 Amack@atecs.col1l DE05AL545_C010489-A02_Rhoades 0447.CR 233 Rifle ,CO.81650 Scope of work SPRINT PROPOSES TO MODIFY AN EXISTING UNMANNED TELECOMMUNICATIONS FACILITY • REMOVE (3) EXISTING PANEL ANTENNAS (1 PER SECTOR) • INSTALL (3) NEW PANEL ANTENNAS (1 PER SECTOR) • REMOVE (2) EQUIPMENT CABINETS • INSTALL (1) NEW MMBS CABINET • INSTALL (1) NEW BBU CABINET • REMOVE ALL EXISTING SPRINT ANTENNA COAXIAL CABLES • INSTALL (3) NEW HYBRIDFLEX FIBER OPTIC CABLES USING • EXISTING COAX ROUTE (1 PER SECTOR) • INSTALL (6) NEW RRU'S • INSTALL (2) NEW MICROWAVE DISHES , =G Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Spl'ings, CO 81601 (970) 945-8212 www.garficld-county.com TAX PARCEL NUMBER: 2177-033-00-012 DATE: March 22, 2013 PROJECT: Richard and Karen Rhoades/NTCH Colorado, Inc. Communication Facility OWNER/OPERATOR: Richard and Karen Rhoades/SBA Towers II, Inc. REPRESENTATIVE: Michele Copley, SBA Towers II, Inc. PRACTICAL LOCATION: 447 County Road 233, Rifle, CO ZONING: Rural TYPE OF APPLICATION: Amendment to an Approved Land Use Change Permit I. GENERAL PROJECT DESCRIPTION The SBA Communications (SBA) is currently leasing space to serve Sprint on the telecommunication tower located on the Applicant's property. SBA wishes to change out the existing antennas and replace them with new ones of similar size and design. No other modifications to the tower or subject site are proposed with this amendment. Memorialized in Resolution 2002-77, the Board of County Commissioners approved a Communication Facility on the subject property. As per Article 4, Section 4-106 of the Garfield County Unified Land Use Resolution of 2008, as amended, amendments to a Land Use Change Permit requires an Applicant to submit an application in order to determine if the proposed amendment is a minor or major modification. Below the Amendments to an Approved Land Use Change Permit review processes, submittal materials, and application fees are discussed. II. REGULATORY PROVISIONS APPLICANT IS REQURED TO ADDRESS • Garfield County Comprehensive Plan 2030 • Garfield County Unified Land Use Resolution of 2008, as amended (ULUR) • Amendments to an Approved Land Use Change Permit (Section 4-106) • Tables contained in 4-102, Common Review Procedures; and 4-201, Submittal Requirements Page 1 of 3 III. REVIEW PROCESS 1. Pre-application Conference. 2. Application. 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, Statement of Authority, Letter of Authorization, and Fee) and narrative addressing Article 4, Section 4-106(C) of the ULUR. As per Section 4-201 (B), the Director may request additional submittal information to adequately review an application. This information includes: 1. Pre-Application Conference Summary 2. Payment Agreement Form 3. Deed showing ownership of property by Richard Rhoades and Karen Rhoades 4. Lease Agreement • A Letter of Authorization is NOT necessary for this application UNLESS THERE IS A MAJOR MODIFICATION TO WHAT HAS PREVIOUSLY BEEN APPROVED because Paragraph 6 of the June 11, 2002 Addendum to Lease Agreement gives the Lessee the authority to maintain its existing structure. • Proprietary Information (such as payment terms) may be redacted from the Lease. 5. Documents demonstrating the legal relationship between NTCH-Colorado, In., the Lessee, and SBA Towers II, LLC, the applicant (and apparently the current Lessee). 6. Resolution No. 2002-77, approving the communication facility. 7. Plan set that illustrates what is being proposed. The plans need to be stamped by a qualified engineer registered in the State of Colorado or a letter from this engineer stating that the plan set was reviewed and approved by him or her. 8. Recorded Statement of Authority from SBA providing authority to whoever signs the application (you). Submit three (3) paper copies and one CD. Additional copies may be requested upon determination of completeness. V. APPLICATION REVIEW a. Review by: b. Public Hearing: c. Referral Agencies: Director/Staff for completeness and determination l Director Review/Determination _ Planning Commission _Board of County Commissioners _ Board of Adjustment Not applicable. Page 2 013 VI. APPLICATION REVIEW FEES a. Planning Review Fees: $ 300.00 b. Referral Agency Fees: S TBD -consulting engineer/civil engineer fees c. Total Deposit: $ 300.00 (additional hours are billed at $40.50 /hour) General Application Processing Planner reviews case for completeness. Planning Director reviews application and makes a determination. The pre-application meeting summary is only valid for six (6) months from the date of the written summary. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that mayor may not be accurate. This summary does not create a legal or vested right. Pre-application Summary Prepared by: ~!2Z/1J I I ' Date Page 3 of 3 c:e Garfield Coun(y STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-3()..172, the undersigned executes this Statement of Authority on behalf of SBA Towers II. LtC , a Florida (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: >, The name of the Entity Is ..::SB::::A.:;T:.::0W8::;:.: ,"~II!,;L, :;::LC=-_________________-' and Is formed under the laws of .:..FI:::.r=:ld.::-::--::-:,..-:--"7:C-:--:-~----_-------The mailing address for the Entity is .:::69:::Q~il Bro=k:::.n~soun=::; d p~_=:!.y.:.:N.c:.:W:... __________ _ Booo Raton, FL 33487-2791 The name and/or position of the person authorlled to execute Instruments conveying, encumbering, or otherwise affectln~ title to real property on behalf of the Entity Is Jason Silberstein Sr. Vice PreSident, Property Management The limitations upon the authority of the person named above or holdinlNhe position described above to bind the Entity are as follows (If no limitations, insert "None"): NO E , Other matters concerning the manner In which the entity deals with any Interest In real property are (if no other matter, leave this section blank): __________________ _ ExeCUTED this --UIh day of_.:.:M""a;;..;rc;:.:h ____ --', 20JL. -.~-Signature: ~ ,~ Name (prlntl![l: Jason Silbel1lteln TItle (If any): Sf. Vp, propert)l Management STATE OF FLORIDA ) ISS. COUNlYOF PALM BEACH ) The for_~gQing Instrl{ment was?ckfowledged before me this (?~7lav e -fJ-),-"1.('.A. , 20-Li. b: ) :.,)',t.J .. _ O,~-~.)~< 11.; ,~, ",onbehalfof S If U)lUt'1i5 i/u. c. .a t:lt f2! 1,1 ll71 ,'-t" ,'" )" <h Z; .,ryl,,,~.,,_ Witness my hand and official s~al. , My commission expires: ,3 I $!Ji./f 7 ~ (Date) [SEAL) Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") SBA Communications _____________________________ agree <15 follows: 1. The Applicant has submitted to the County an application for the following Project: __ _ Remove I replace existing antennas to existing structure. 2. The Applicant understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person:_D_e_n_i_Se_F_u_lI_e_r ________ Phone: ( 720 ) 666-4976 Billing Contact Address: 11777 Meadowood Lane City: Parker Billing Contact Em.iI: dfvtler@sbasite.com I ,i State: CO_ Zip Code: _8_0_1_3_8 __ _ ... -. Printed Namiof perso~ Authorized to Sign: _D_e_n_i_s_e_F_u_lIe_r ______________ : -\! ! ~\._.-.. /-+-f ~;~-,,-' -\iile~\c.::~ "'. Co.?", t . ($Ignature) ----(Date) -EXCLUSIVE EASEMENT AREA (AS SURVEYEDl PARENT PARCEL DESCRIPTION (AS PROVIDED) v~ Sifuatcc! In ~~ City of Rille. CourIty of CorlIeId GIld State ~ CoI«Odo.. KMwn ~ ~ pan o( the AlIltoalr>«iJiIII 01 tileS[" SEJ(!If ~1Icn 4,. Tcmltlip &'iautll."".9J Wt::tof1tlt SIJcttIPr'~aI Sco~1hwd V4 01 the Souihwd 1/1, 01 Soc:tion J. T~ 6 ~th, Range 9J !Vc:rt 0' the IStlI 1.'Jorid"IGn, ~ &m -of. 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Q tract of kitu! itI ~!iII' X of ::rJ1d SocUon J. T~ip 6 Soulh, RQrw}Q 93 Iforlt cf the or \orI'IIcr'Iy COIlveyed to. R!dlIrd w. RhocOa:I DId i:cn:n So Rboodc:l ID r-oeordod in Booic lCJ7, f>o!Ic: .3\ S!lc:fI ~ Wcri4b'l, bDCI9 tJlOI"OI ~ doXrIbo<Ill:> fcJtow:<; o.f <HfI<:ici e4\f"t~ ~ OIIc! ~ more ~1orIy II='Ibad '" follows: ~ .at 11\1; Soc\tlo'll=t Ccmtr -Qr ~ Soetb! :$. ~ o-lIwI:I mp "" a ~Io([NON1O ct !he ~t CllI'nCf 01 the alorcmentiorlocl ~d'~ cGmer; lhcncc: Sooth P4Ie. llfGPel1r morIc~ tI>crIec S S9'4~'OB· s: a'll! dong lI'Ie Smlt! liMo of tlTe CERTIFICATION: 81"27'T Ec:rt. Q ~<;C ~ 267.06 feet; U-Ce ~ as'4O'~' full Q di:~1M:<:! Qf 21.g1 fed. 10 tilt S'tI ')\ of ~id Scctieol 3, c ~~ of ll:)Z12 foot; tlIcnoII N 00'11'2'1' w I, .btM:I t.i. !WIeeIy, PLS. Q Cdor<l~ S\ctc R~cd Pr~~ Land SrJ~r, Uc-on,e /to. PO'IlT OF SEGMlI~ -S GWIq the E'ct line 01 til-SW l:I of :del s"ct~ l, .. dbtQn« 01 560 . .(5 PLS-Z0592, hlif'd)y IlCrtIfy to SBA TOIIfOr:) Q U.C end C«nr'rt0ll .... 0G'1l'I TItIt: Compan~ oj Ccrlicld Cc\I'>ty, TtlOIa' Ner'.1I 46~'4-1" Wo::t, (I dlst"cr= of 17.79 f""t: r«Jt ~ S 89'45'11' 11' -Q ~Jlllc:o of 30 foot 10 Il ~t 011 tl><! W!!IIt"",. II)C. 1m: follNg: 'IIiENIl: Nertl'ltl2"OQ"SI"Ea::t.lI~of8.S.2 roost: rio;M-oi-IOoy liM of toul\ty Rood 23:l. :IGId pq'n! b..no. \ho 1l'1li> i>olr!t of l'rIEHCE Norlr! M'~'25' E<;z;;t, e dblono:e of 12.01 ~ ~ l'Icnoo N OO'17Zl" W 4nd \lkN'Io; D:I W=MJI ~-o(-O'(Iy In.: (I LcUl:tJd~ and I.oncjilu<lo:: 'ICl1u.:s f« tho eooter of the obOVll-retmJlcod tooowcr ere GCCIP'CII: to .... il~iI +/_ lI1€MCf Scull! 02'00'51· Wet. G di:ltancc -of 3.54 feet: dIctanoo of 27S.tO foat; thmco S lIg'oCS'I, W G di:2tofIc6 of 0\99.91 leet IS I'ao~ h«iza.Iblly, cot: toot 1M 1ob1n.; tower :lit~ elOYIltOon b ~n:Jto I", ....!ttl" + /~ 3. foot theIIce S oo~7'OO· [0 ~ of 2'1$.00 t.:t til G poirlt (11'1 tho SoYlh I.,c 'fHE)oI{I StI~:h 4li'S3'~,' E=t. Q &~ 01 25.0'1 10101: Gf the N)f o! IfICI :!ai:I SII ~ Sf" of SoI::6on l: ~ N 89'oI6,r r Drw.l -, , l\1E;1cO; Sou:h 39'W'2!>" Wdt, c d~mee of HAS feet to il:Ie Paint of Soginrlinlj ClId ~lcinOnq J29 dDf\(j tho! St.Jtb Iirlc.of llIeN is: of IlIc SW '" SWX of 'IiOId Soctlon ~ c HCRIZON'AI. IlA IW: ocno:: (O.cm6 ~t.ICr'e f<lllt) g( Icr>d. mer. . Of' Ic:Ia. ~ of SOO.OC kool _ or !cod to tII\I Trw PoiII of Soqroni" ... """ "'-V umu\J£ NORTM 39' 3l' 04$ j UTILITY EASEMENT (AS SURVEYED) ~g 47.70 acres ITICI'lI Of' Ia:::I. lONcm.:OC '«'ST lOT 4$' 1'1.0" SWot...: ., tile Ci:y of Rille, CoImy ¢! G<rtidcl cnd stet...: of CotIlrQdl). lCr.awn Q3 ~ part or Ihe SMq ~ ~ prqIIII'tyeUMl)Old by ~ of SpocieI 'Mml"t~ Oet'd 1rQn\ vOrtlCAl tlA1a1: NA'" as $ou~t 1/4 01 :he Souu. .. ct 1/4 of Section J, Townmip 6 Sauth. RIangc !l~ Wc:rl ot tt>e Str> UII/oII 01 C:lmpony of Mcrni::l. d/b/e tIMocit, 0. Cdlramkl ~OI'I 10 Princ:ipoI M.,ridI<Y1, tM!in9 c m !lIlU1ft' 10CIi Utility Eo=amant NCt1 _ end upon c ~"'ed oj Iotw:I ~_ RIcI\ofd W. RMedo::I Q\d )(~ So RtIoode:s dated Sop~ 19, HI97 end or ICI!tK!'Iy Cll~)'Od Ie ~ard 'tl RiI~ =-d Karen So Rhoodc:; 0:: ~ in 6cOIc 10~7. Poc:Ic 051 _&011 October J. 1'997 It! ~ 8D9k 1031. ?CI}Cl S/Roocw:I or ~d The rn'W:'p 1Ia:I roceM.d GIld t~ :that 0/rtlIIr0 TotkI Ccmmltmont NI>. 1:!1:04~ iorued I>~ of C<rl'ocld C!lynt,. f.ctOfO C!lO bdng ~ PQltIcUcrIy <il!:lQ'lbod C3 foaIIor.:: o-ty. SllIte 41 ~ Cc.mmcx!......aIth 1"tlIa Compo!.y of ~ CoIJ~ty, It.c. ... jij\ QfI ~ffec'..Ne datc of N~ 12. 2012 wlIld> I"'~ to Rlur'<' Itlo 1a>~~ deIc:rlbod UI>der ib ~'" A. Ct::J,i\/£NCN('; ct tile ~ COI1II1i 0( tile e~tIooed ~ortcr COI'lY.:I'; thClnC'!l 50IJth 81'2T42,' !C:I, 0 dbtOllCe of 2S7.OS feat; J:11dIQC NortII llS"-40'Z9" t=. e di;:tonec 01 K51 !eo:!t ,e CTohmb mi~bnan~ C~CII~ ocfr ~i!}C loydoc.n= ituillol:'o r~iodge dl;ohxattb oIl!1do lllIW'I Gl::I ld~ deIIlet«I u(nInd ettI Il:::l J~i~ct ~~. e A cf tIK: Tille 'OIe~T or9fQ~(;: THENCI North WQ':!S 1:c=t. a &!:t::ru:c of 2O.SS f~t: ;'lie ~ further MOIflI or hI!: (NIl ~ th<rl the ~~ of ~ ~ I6o!i\tif.ed 1./I'Id!r ~ North &.r~'Zi' [=to .. <bt::I\CC 01 5.0Il feet ScIlriJIG B-2 of :II:Iid lltkl Comm!m. .... t cr=m tile lM<b dc::aibed ~ thi:i ~. but :vid ~ 'ScoJ~ 00·4J'2.1" Wet. 0 d'dtGrcc of 20.65 Io:.:t: ~b will no! iIlterfcrtt 1I'lth tI>e kx:otbl ef!he ~I'cd kIrltb, induClll9 the cocd~";'" _t lIiENCE StIu:h 89'40'29" Wd:, Il cfdOflCl: of 5.00 leet to = ~d tIIy c:n<:l cQ a=. ~jjllt,. <lid 9IIY wire ~t ~ 'thCI Point of ~9 CIId CD1t ... .n9 10J «rc::l (0.0024 ~~enl 1!1C1t) 01 Lor1d. mCll'c or m. ~Jl.,tlO Llcc: ~~.~~."~ BASIS OF BEARING: '"~ '} L ~l 0. <I ~.'".:7 ~~~ The: 1T\C'!'idarl for 011 beorIlIIJt MGWrl ._ i: lne [o:st-~~ 0tiGrter SectIon t.ine 01 Stciion J. whi~ ~\! %0692 ~~ tIocn S ag'04S'2S" 'If P!!r 8001; 10000, PogIl3t or Coc1'IOId Coomty _e. ~~"--. '" .J. ~"" "'~ FLOOD ZONE: :ceo. Prllf==iotllll laid SIJ~)Q" No. PLS-iOS9l ~a"""·'·'~~ cr """ en lIc!.clf of IGIlI'l'lGtl SuMl)'ing. lnc. WA! L"~ B~ :lCi:1~ tI'\.CII" I~ CIld 9l'CPfIk:: pIcltGruj Ol\)(, the IJI.Ibjoct ~ owocr.:: to r.e m&dy ~ z:~ l:)(]te of Siner-12/3/12-(C) CAr=. 01 .... in~ n~ o.:cordn~ to the flood ~ Rllio WlIp for the COurlty of GcrlIoid. Communily PGMl No. 00020:/1JSm, E~1w Octe JII\Il<ry 3, 1985.. ,\lot.:: Th~ sney doo: net rq:or=nt a ~ ~ of 1M pclI'CIIt ~ ENCROACHMENTS: AS-B~LT SURVEY millman ~ HeadquartelS o-8i':APe Prajoc:t MIR>go!:: S? ()oU~~Aold13:l ~742 Georgerown Road, Suite H [sBAml 0""", 1~fl2 ..... At ~time 01 ~thn'lHll'e1\Gi::l!IIeCll~t=: CI!'ItG er AIII.~.8\1i5O 1"CW$Ol1, OH 44236 (:hO(;kOC: JMM S/'IoQelol3 Sal. HcI .. _s.-c.a.JIIOO. ~ tile: ~jccl properly. National Land Servi~ Phone: 8QO..~1010 ~~:so"".gP,""",,""" SltclO1COI~ Sole ~mcr.1fiOAOe:S www.mitlrtJ::ltlSUrveyin9.~_. i MSlPI!I\ad.~_';!W7 -----BouRnllYo. ~t33QC' \')\ X ":-.... ,-'-..' ',' 1-. -c ... -·· I Q) ! c: .:'! "§j 1.-.1.. .: Q) I ~ \.)...; "'-,. '"'~ I . ~\.l J, ToomlilliP 6 South. 1-"""", -~ Rango SJ W«;t ~t -~ Co"",", &i§6 $~:Iv.~/h~ 0.<tcrt0 ' (1/4), 12.01" ~ A/'N: 21?7-Oa3:3~-D~'Ol...~cG d elQll !'•; SSoocrUICoIr.I.. aJIt, Gr.ra~t.r ( 161 4) N 02'0051" E1 1s:~'~"~'''''''~=f;EE~",,;;;;;;:;;===::C:===~'~F=W -t ("" "'"' ""'~ l -"""" SGuIflIl'C:l! Ql;rcrtd (1/41 Sto"'_e$t Q:.tcrt.:or (T/4) Sed/.". J, r_.:r.ip 6 SwtJt. RtinQ" 9J ~ I Sa<tth_, _~ -9-S W-e;t 1!.S2::' :: II l,......-. --SJ. 5P'? 01'S,' W II _________ ---___ § -f:I--'.. J' ---~ -------L I>.o.c. ---4.. ($ ... ::l 4-;;.... .., ~ ..... ~~ ~::JI Al.L EASEl4DnS V ---!!!2:-I!,_E~.(}6' RI) ~ ~ : iPJ.? ...... ~4-p. 1;;!g! ---_ ,.. 21.;l~ 1;.... 17.48", ~ 7".51' ~ , I P.o.a :, ~"'''',' '00.," . ~ EASEWfNT I p.o.a..:;r,~ '~ ~.O.& tmJTY~ , -2-c:.~ ;:l8 ~Si ~~ --=-,.;: Scwtmoe~ ~ • .sac:cr"" J, room:l!Jp 6 ScoIe1t, RlIrI<jQ 9'J-W«:t ~ .~ o ,. , ..... """", .... lJ...-+-"",' '"'(). ACa:SS EA:'iDCENT (T-~) 1151 0' 20.9' " , ----~~-. Now O~ F<lrmcrly: Qty9rIW:e 6001<"'91 ~49 APN: :<!ln~33-oo-00<t ::>!: 1 i 1'3 !l VESTED IN: § 1 r Richard W. Rhoades & Karen S. Rhr-es ~ ) ~ Book 1037 Page 31 ,; : 1'@APN:2177-033-QO.()12 _.""J " l?\1 i 1 Ca'ltcr 01 Eob~~ ~, ~ ~T_ EI , 1 N 39'33'o+,S" j 'If 10T.qj14,0"" ~----'1 ; ~t-Iti1' i ) _.. ... j e:«:tllSlYE EA5aCENT I 10.o00~FccI. ;u Q.Z'B6 ~ -----i--21 _ ~~WF_ ~ wi ~ SotIod_1ro S~'W Nom or FotrIIcrty: RICNlrd w a KDrdl S ~ Som.: lO:r71'age 31 AI"N: 2177·033-00-022 1QO.00' ~ li 8, COtpOIate Headq~ Nov< Of FOml~~ 1l:1"".....,WS.lQr<.':"5~ &ok Ill:!' P:tQc:n APN: 2177-o:l3-C().()1l SYMBOL LEGEND R/w -Right-of-Wey ;:0.0.8. -Ploce,lPoint Df Bcginnfl9 p .a.r:.. -PlacejPolrrt Df Commenoemet1 t • -MQnurncntction Fot.ld ~ Noted (9 -Mo~i>oIe f!l -ElectriC: CablItet,l?ona! -X--fence (~ Not'Cd) ~&f:AP!1 Projoct U(rogor. Sf' <0 1i42 GeOf9E!IOYm Rood, Suire H D4llo: 121:m2 SCtIIc:l"'2O' (SBAm) 20 n. i-Il.1doon, OH 4423S I "..""'CO'"!..!..' :_; :.."..~. -.I Nm a~oniall lman Land Services GRAPHIC SCALE Pnonc:: 800-520-1010 _.rniltm;ansurvevln~.com cnackad; JMIII ~:lor:'l _nSr!-SM~o.o,"I.K"l.P ...... """ MSI~NQ..~ tw:.IlMDn,R::e.osr STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners fur Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday, the 6th day of May, 2002, there were present: ~m~M~~~w·~ ______________________ ~.Co~~CMmmm ~L. an.y ~MwcC_ownz.w. ______________--', Commissioner ~w.~~~~~o~we~ ______________________ ~,~~ Don DeFord , County Attorney "'M'='jLh!!rl~':""A!sdo"""':-rf-:------------------'--', Clerk of the Board ..,EIi....,Oreen"""""'--__________ -', County Manager when the fullowing proceedings. among others were bad ami done, to-wit: RESOLUTION NO. 2002.77 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR RICiIARD AND KAREN RHOADES AND NTCH COLORADO, INC. WHEREAS, the Board pf County Commissioners of GarfieJd County, Colorado, bas received application ftom Richard and Karen Rhoades and NTCH Colorado, Inc., concerned with a Special Use Permit to allow for Communication FaclIity; . WHEREAS, the Board held a public hearing on the 6th day of May, 2002 upon the qUestion of whether the above-descn"bed Speeial Use Permit should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance ofsaid Special Use Permit; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the fullowing determination of tact: .. 1. That proper publication and public notice was provided as required by law for the hearing befure the Board of County Commissioners. 2. That the bearing befuretheBoard ofCoumy Commissionerswasextemiveandcomplete,that all pertinent filets, matters and issues were submitted and that all interested parties were heard at that hearing. 3. That the application is in compliance with the Gar.field County Zoning Reaolution of 1978, as amendoo. ",' 1'1 III GARFIELD COUNTY CO 4. For the above staled and other reasons, the proposed use is in the best interest of the Iiealtb, safuty, morals. convenience, order, prosperity and welfilre of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Special Use Permit he and hereby is approved to allow for a communication facility, upon the following specific conditions: I. All representations of the applicant made in the application and during the public hearing shall be consldered conditions of approval, unless approved otherwise by the Board of County Commissioners .. 2 The applicant shall have one year from the date of approval to construct the connnunications:tll cilities. If the communication equipment becomes obsolete or inoperable for any period of twelve months, the applicant shall remove the tower and accessory building from the property. 3. The applicant shall provide It copy of the FCC license for the initial company providing telecommunication service from the site, prior to the issuance of the Special Use Permit.. Prior to the addition of !illY other carriers to the site, the applicant will provide a copy of the FCC license for the company collocating on the site. 4. An exception is granted from the height restrictions based on the applicant satis1l1etorily addressing the criteria in Section 5.03.13 (3)(a-c) of the Garfield County Zoning Regulations. . 5 .. The applicant will allow for co-location of other communications fiIcllitIes on the site, if it is physically and technically teasibJe. 6. The applicant provide a copy of the clearance from the FM for the proposed tower prior to issuance of a Special Use Permit. 7. The applicant obtain a license from the City ofRitle for the use of the access road prior to the issuance of the Special Use Permit. 8. The powerline to the existing Rifle water tank is buried in accordance with an applicable electrical codes, Xcel Energy requirements and other applicable municipal standards. 9. The Applicant procures an access license for use of the water tank roadway and conform to the required .terms and conditions therein. 10. The applicant shall maintain proper security of the City water tank site at an times during and after construction. Dated this 5th day of Auqust ATIEST: , AD. 2002 GARAELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO ~c~n~M~M~I~SS~I~O~NwE~B~C~H~auT~p~Ml~M~J~OtiHN~F~,-MM~aR~T~I~N~ _________ --J.Aye ~C~O~MM~IS~S~I~O~NE~R~W~A~L=T~ER~A~.~ST~OaWE~ __________________ ~,A~ COMMISSIONER LARRY L. MCCOWN A ~~~~~~~~~~ ________________________ ~, ye STATEOFCOLORAOO ) )ss County of Garfield ) I, , County Clerk and ex-officio Clerk of the Board of County Commissioners in and fur the County and State afbresaid do hereby certilY that the annexi:d and furegoing Resolution is truJy 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. 2002. County Clerk and ex-officio Clerk of the Board of County Commissioners 1111 W.. I 'MIU'lrill, HlI,Nlt l'II:!*~Wr:U~.~"l.1111 Reception': WB!l1I . 1211WI2012 03:21:68 ~ Jean Alberioo 1 of 1 RIo F •• :Se,18 Doc Fee:0.0m GARFIELD COUNTY CD SPECIAL USE PERMIT for Richard and Karen Rhoades 477 County Road 233 SW ~ of Section 3, T6S, R93W Parcel Number: 2177.fJ33-OO-012 In accordance with and pursuant to the provisions of the Garfield County Zoning Resolution ofl978, as amended, and Resolution No. 2002 -77 of tile Board of County Commissioners of Garfield County, State of Colorado, hereby authorizes, by Special Use Pennit, the following activity: CommunlClldoll FacUily The Special Use Permit is issued subject to the conditions set forth in the above-mentioned resolution, and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Zoning Resolution, Subdivision Regulations, BuUding Code, and other regulations of the Board of County Commissioners of Garfield. County, Colorado. A"ITEST: ;1 cOrJloration dull' o'rgnnil'."ed nnd ell:(!lting ~nder nnd by virtue ortl~_e faw-~ of the' State 'of Colorado . ofth.efirst_part:imd ·R.tC:~.drd (~' •. Rhoades· a~a Karer{ S. Rhoades II whollcll:igo\addressis P. O. Box 1456 R,T.,:C/O ARM1CO, II Dhahran j, _: Saudi Atabia UOOK 632 'I~E65:1. , Atfif'fFJELD " , '. 'U 1983 , ,Stat. 000; Fe. !Il.LkSk--1,'1' om; ,dJ,M.I'rI , and iJt1tJrft/:jlrJI.JJ, or-the second purt;· . . I "W'TNESSF.'''''Th.tth ... id ".,iYof \1.. n", p.,t, fo,"nd in'"n,id",iionofth. ,urn of one' ", , Ii ~~-ftdl~~~n~t~fl~/:-h:~~afJL~~~:~~~;h:-s:;;n- d-;n~';'-Lh:-~~~e~l~t-;;~':;N;h:;e-b~:~~~-:~-n:~--n~k~~~I~:g:::-; -h~s granted, bn-rguillcd, sold an.ti c~_~ve~'ed_ar,d by the~e prcsenb does S'l'ant, bal'gRin, S(lll cOII,ve .•" a:~ld-,confb. . 'n1 u'~to"' I the_snicl pal'ties of the second pnrt, not in 'tenanCY' in common but in'-jolnt tenoney,.the s·urvivor.oft.hem, their assIgn's I, ami th~ hell,s fmd ~5signs or such survlvOl' fo'~ever, all the foilowing deFcribcd lot or parcel' of land, sl.tuatci lY.ing· anrl being in t.he . -. ·Count.y of C-arfield 'and Sta.t~ Of Colol'ado', -~Q See Exhibit "A" _att:ac.hed. hereto and by this l'eferen~~ incorp?r,aied her~1r::'" I .:: . , ... : ..... .... ..' . . .... ':< : -' Ii '. '. ' : 1 'also known o.~ sti:eet j\m} ~'~~Ibe~; _'0447 23~ 'R~ad ,::Rifle, COlora~o' ~n650 : TOGS':'HER wlth-all_al)'d -singular,the toereditaments Dnd appurtenances thereunto belonging:' or In nn-yw.ise . 1\ appel'talni.ng, and _the reversiun and reversl!,ns~ remainder and remalnd~rs, t'ents/lssues and-profits thereof; apd all. !,! .othf,e i ne satnadte t,o r itlhreh tt,itbioti\'ee, binatregraeisnt ,p ~l'Ieamimis ensn,d w rietmh athned hwehraetdsiotieu\i; leern,otsf tahned s aapidP lplfr1terntYr,.lo1fctense, rirAt pa.r t,eit_h er in _la w O._ r e....Q ,_._, ul:t-y', ' , : i TO HAVE AND TO HOLD the said premiseiJ abovebal'(tr.lned and.described, with the ap"purtenance~, unto th~ .said 'II partie's,of the second part, tho.6iIrvivor of them, their "SSlgn!, and the helr_s nnd Dsslgns of such. survivor forevl1!r. And II twhiet hS tahide p!luairdt yP Aofr ttihees ofifr tshte P slelrcto, nf0d1 'r :i'tasretl,ft,h iet ss usurvcicveossr oorfs t haenmd ,a tshseigirn sa,S dlloigesn scnonvde tnhaen th,e'girrus nntn,o b aasrsgiba'"ilnls aon/dsu acghr eseu rtvoi'_vaonld', I that at the' time of the enseni!ng and d~lIverY orthese prelents, it is well seized of the pI'emlses ntiovtl con,\'eyed, as·o". II . good, sure, pal'fect, absolute and indefell~ible estate of Inheritance, in law, in fee simple, Dntl has good right, full-powor and Inwflliauthorit)'_to grant, bargain, sell and convey the same in manlier and torn, aforesl!oi~, and that ~he same' ars . free and cleAr f1'om all former lind other grants, _bnrgaim;, salos, liens, taxes, assessmentS and _encumbrances.of· '1: .whalevel' kind a\' nature soever, . . ' .. . ~ i Ii I I ,-I nnd the above 'pl'emise_s, in the quiet nna peaceable possession of the sa,id parties of the second:pfl.l't, the survivor of 'II them, their_ assigns'and the hell'S am! assigns_o( such sun'ivar, against all aOlI (:veiy per~on or.p~er80ns_ll\wrully 'elaiminJLOI' to claim-the whole or any part thereof, the said party of the first part 1'.ho.11 and,.w!!l WARRANT AND 'FOREVE~ DEFEND. -. ' II IN WITNESS WHEREOF, The said party of the fil"st uart has ca.used,itscorVorate name to be hereunto subscribed· i by it!!. P)'esidcnt and its corllol"llte saal to be hel"eunto affixed, attested by its Ii ;::~0s",,;y, tho d,y 'nd y·.,,,,,, ,boY< "",itt,n: : i~ ~,:':::':"~:~:;':::'~::~~;" !i"'-~" '-;7'I1.'("7{r-, """,,' ,',T~Fhirea,t/National B~';;i~»ftt·.~:';~~.' !: Rose Magee L~ " ~-, l i\ . -'," '. .(, ... ",'" ,II II By ,~ _______ ""1:~' .j,', . ...., ;". ~. I'1I STA.TEOF,COLORADO, .AI:enR;KOel),eke ~~" /'rnkk>m " _,.··1: 'j ',~ ''''''1(11-••. II ____ ~_c"C'CountYof Garfield 'ss. ""': .• ~,.-' -! ! Thll;! foregoing. fnstrument wQ.S·acknowle(Jged be(ol'e me this loth day of Augu~t 19 83:::~1\ '( :A.\;),e9, R. Koeneke ' :, t~'r:~~rA:{~'?"'~~,<~c, T::S;i!:;~;ational c;,J :", \~_\J , ' ),~. ". _ :.~~'. . 111 ~:~ ,v·9 -~)-. !;; -, ,." ',: f> ilr" \ \, i . ~~~;~l:::-': ._I:~:~. .... President and Secretluy_o! . R,t:orporation.· ,,'-" l,' ' Y tI, "6~" I I,~~ ", _ ,,~~.' --k~~\ec.l~~c,,--, ' No, 929.'WARR;\~NTl~~hri,:"': .. r~ni_ q~;Porllion to .JOin! T~naa!!,-':": Drl1dford PUbliShing ':0" lU6.'Stollt s~~c';t, O~,;yer,Color~dD'(613'~OII)-~'19 ., -, .... '-' .-. . .', ~oo~ 632 I'AGE65Z EXHIBIT "A" Beginning at the Southwest corner of said Section 3, an aluminw" cap .on a pipe, properly marked, thence South 89°08' 15" East and along the South 1 ine of the SW!. of said Section 3, a distance of 1332.12 feet;· thence North 00°00'44" flest and along the East line of· the SW. of the SW'. of said Section 3, a distance of 660.45 feet: thence North 89°58'12" West a distance of 30.00 feet to a point on the Westerly right-Dc-way line of County Road 233, said paint being the True Point of Beginning; thence North 00°00'44" \·Iest and along the ~Iesterly right-of-"ay line of said '~ounty Road a distance of 275.00 feet; th0.nce Nor'til 89°58'11" \~est a distance of 499.97 feet; thence South 000 00'23" East a distance of 275.00 feet to a point .on the South line of the Wi of the S\·I'e of the SWi of Section 3; thence South 89°58' 12" East and along the Soutb line of the Nl, of the SU\; of the SW, of ·Section 3, a distance of 500 feet more or less to the Tl'ue Point of Beginning. ALL of the abOve described propel'ty being . in the Southwest'One-Quarter (SW~) of Sectiorl 3, Township 6 South, Range 93 West of the 6th Principal Meridian. '7 ,,-'''"',:-:---".------------~ LEASE AGREEMENT Ah{)~ COI¢~~tJ-R THIS LEASE AGREEMENT (the "Agreement") Is made and entered Into this 11 th day of June, 2002, between Richard W, Rboades and Karen S. Rhoades, husband and wife, as lolnt tenants, its successors and assigns (the "Landlord') and NTCH-COLORADO, INC., a Colorado corporation, Hs succeSSors and assigns (the 'Tenant"). . 1. Dascrlptlon and Lease of Leaud Premises. Landlord is the owner of certain real property looated in Garfield Counly, State of Colorado. Landlord leases to Tananl a portion of such real property. together wilh irrevocable, nonexclusive and uncondltlonal rights-of-way and appurtenant easements for Ingress, egress, regress, and ulliftles, Including wHhout IImHatlon, the twenty-foot (20') wide easement extending from the public rtght-of-way, which Is known as County Road 233 (said real property and easements being collectively referred to as the 'Leased Premises"). Said Leased Premises Is more speclflcally described in and substantially shown on exhibit A attached herela and made a part hereof for all purposes. Tenant shall have the right, but not the obligatlon, to improve the easements by any means chosen by the Tenant. Landlord and Tenant hereby agree that after completion of a survey of the Leased Premises, including the easements. (and an es-built survey, If desired by Tenant) Exhibit B shall constitute the determinative description of the Leased Premises. Landlord agrees to fully cooperate with and assist Tenant in any way In obtaining any additional easements or consents required from any adjoining or adjacent property owners or other parties. If necessary for Tenant to have adequate Ingress, egress, regress and utility service to 'the Leased Premises, 2, Inltiat Term and Rentat. This Agreement shall be for an initial term of ten (10) years beginning on the first day of the month during which the Option granted by Landlord to Tenant Is exercised by Tenant as therein provided, as reflected In the. Mem~rfU\dum of lease executed by the parties hereto (the "Commencement Date") at an annual Jentel of ~"'1()D Dollars ($ ~foc) ), to be paid in equal annual installments, In advance, to Landlord or to such other person. firm or place as the Landlord may, from time to time, designate in writing at least thirty (30) dl!Ys In advance of any renlal psyment date. Tenant shall make all annual rental payments on the anniversary of the Commencement Date throughout the Initial Term and any Extended Terms. . 3. Extension of Term. Tenant Is hereby granted the option to extend the term of this Agreement for four (4) additional consecutive ten (10) year periods (the "Extended Term(s)"). Each option for an extended term shall be deemed automatically exercised without notice by Tenant to Landiord unless Tenant gives Landlord written notice of Its intention not to exercise any such option, prior to the beginning of the Extended Term, In which case, this Agreement shall expire et the end of the then current term. All references herein to the term of this Agreement shall Include the term as it Is extended as provided In this Agreement. 4. Extended Term Rental. The annual rental for the extended terms shall be as follows: Extended Term 1st 2nd 3rd 4th Annual Renlal $--:--$:---$:----$,----The annual rental for the Extended Terms shall be payable In the same manner as the annual renlal for the initial term. Lease 1 5. Continuance of Leue. If. at least six (6) months prior to the end of the fourth (4th) Extended Term. neither Landlord nor Tenant has given the other written notice of its desire that the term of this. Agreement end at expiration of the fourth (4th) Extended Term. then upon the expiration of the fourth (4"') Extended Term this Agreement shall continue In force upon the same covenants. terms and conditions for a further term of on~ (1) year, and for annual terms thereafter until terminated by either party by giving to the other written notice of Its Int~ntlon to so terminate at leest twelve (12) months prior to the end of any suoh annual term. Annual rental dUring such annual terms shall be equal to the rent paid for the last year of the fourth (4111) Extended Term increased by three .percent (3%) each year for which the lease Is continued under the above provisions. improvements. 7. Gavernmantal Approvals. Tenanrs ability to use the Leased Premises is contingent upon Its obtaining and maintaining all certllicates, permits. licenses and other approvals that may be required by any federal. state or local authorities. If requested by T"nant. any such applications may be filed with respect to not only the Leased Premises, but also Landlord's contiguous property. Landlord shall fully cooperate with Tenant in all respects in connection with its effort to obtain and maintain in effect all certificates, permits. ticanses or other approvals required by governmental authorities for Tenant's Use of the Leased Premises. Tenant will perform all other acts and bear all expenses aseoolated with any zoning or other procedure necessary to obtain any certllicate, parmlt, license or approval for the Leesed Premises deemed necessary by Tenant. Landlord agrees nol 10 register any wrlHen or verbal opposition to any 8uch procedures and to execute in a timely manner anS' documentation required throughout the term of this Agreement wllh respect to governmental approvals. 8. NEtTHER LANDLORD NOR TENANT SHALL BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE ARtSING FROM ANY CLAIM TO THE EXTENT ATTRIBUTABLE TO ANY ACTS OR OMISStONS OF OTHER LICENSEES OR TOWER USERS OCCUPYING THE COMMUNICATIONS FACfj.ITY OR VANDALISM OR FOR ANY STRUCTURAL OR POWER FAILURES OR DESTRUCTION OR DAMAGE TO THE COMMUNtCATIONS FACILtTY EXCEPT TO THE .EXTENT_CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF SUCH PARTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT. IN NO EVENT SHALL Lea,. 2 • LANDLORD OR TENANT BE LIABLE TO TilE OTHER FOR, AND LANDLORD AND TENANT EACH HEREBY WAIVE THE RIGHT TO RECOVER, iNCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS, LOSS OF USE OR LOSS OF BUSINESS OPPORTUNITY), PUNITIVE, EXEMPLARY AND SIMILAR DAMAGES . 9. !gu. Tenant shaU be responsible for making any necessary returns. for and paying any and all property taxes separately levied or assessed against the Improvements constructed by Tenant on the Leased Premises. Tenant shall reimburse LandlOrd for any Increase In ad valorem real estate taxes levied against the Leased Premises which are directly attributable to the Improvements constructed by Tenant on the Leased Premises and are not separately levied or assessed by the taxIng authorIties against Tenant, or the improvements of Tenant; provided, however, as a condition precedent to payment of such taxes by Tenant, Landlord shall provide documentation to Tenant of such tax Increase. Landlord shall pay all other ad valorem real property taxes levied against the Leased Premises on or before the date such taxes become delinquent. Tenant may, at Tenant's sole option, pay any delinquent taxes levied against Landlord's property and then (i) deduct any amount paid from future rents due, or (Ii) collect said taxes from Landtord by any lawful means, ' 10, T'rmlnatlon. In addition to other rights of termination Tenant may have under this Lsase, Tenent shall have the right to termInate this Agreement by written notice to Landlord at any time upon the occurrence of any of the folloWing events: (a) any certificate, permit, license or approval necessary for the erection, installation, construction, maintenance or operation of the Communications Facility In the manner inte~ded by Tenant Is rejected, cancelled, expires, lapses, or is otherwise withdrawn or terminated, or Tenant detenmines. the cost of obtaining or retaining any such certificate, permit, license or approval, or of complying with applicable legal and regulatory ·requirements, is unreasonable; or (b) Tenant determines, In Its sole discretion, that, based upon imposed zoning conditions or requirements, soil boring tests, radIo frequency propagation tests, or interference with Tenant's reception or transmission, the Leased Premises Is inappropriate for the uses intended by Tenant; or (c) Landlord does not have good and marketable tilie to the leased Premises or does not have the full power and authority to enter into and execute this Agreement or the Leased Premises is encumbered in a way which restricts Tenant's use; or (d) Tenant, In Its sole discretion, determInes at any lime that it desires to discontinue utilization of the Leased Premises as a Communications Fa,cility for any reason whatsoever; or (e) should Landlord breach any material term or covenant in this Lease or fall to perform any obligation under this Lease, and such breach shall continue uncured sixty (80) days following the receipt of written notl08. Upon such terminetlon, this Agreement shall become null and voId and Landlord and Tenant shall have no other further obligations to each other, other than Tenanrs obligation to remove Its property as hereinafter provided and obligations of either party which expressly or by their nature survive the expiration or termination of this Agreement. 11. Ramoval of Improvements. Notwithstanding any contrary provision of statutory or common law, title to all improvements erected, constructed or Installl'd by Tenant on the Leased Premises shall remain with Tenant, and aI/improvements erected, 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 leased Premises. Tenant, upon termination of this Agreement, shall, wnhln one hundred and eighty (180) days, remove all improvements, fixtures and personal property erected, constructed or installed on the Leased Premises by Tenant and restore the Leased Premises to Its original above grade condttion, reasonable wear and tear, damage by stonm, fire, lightning, aarthquake and other conditIons beyond' !enant's reasonable control excepted. 12, Rlaht of FI[Jt RefUsal. In the event Landlord shall receive a bona fide offer from a third party to lease or purchase, or if lendlord Intends to communicate to a third party an offer to lease ·or sell, all or any portion of the Leased Premises, Landlord shail first communicate Ihe terms of such offer to Tenant and offer to lease or sell such property \0 Tenant upon the same terms and conditions, Including any financing terms. Tenant shail have thIrty, (30) days from· receIpt of said noUce from Landiord to accept said offer In writing, If Tenant falls to exercise such right of first refusal within the stated time, Landlord may lease or seillhe Leased Premises (or. the applicable portIon) subject to any and -all terms and condnions of this Lease; provided, however, that if the terms of sale or lease change and if Landlord has not leased or sold and transferred titie to such property within ninety (90) days of the date of Landlord's wrItten notice to Tenant, any such lease or sale and transfer of title shall again be subject to Tenant's said right of first refusal, Tenant's right of first refusal shall continue in effect as 10 any proposed lease or sale subsequent to each such lease or sale upon which Tenant Lease 3 • failed to exercise such option. The parties agree that this provision shall not apply to the lease or purchase of the Leased Premises by a descendant or sibling of Landlord. 13. Non-Interference. During the Initial Term and any Extended Term, Landlond will not grant a license, a lease or transfer or convey any other Interest In Landlord's real property to any party for the purposes of building or operating (1) a oommunlcatlons facility, or (2) a phYSical structure or devlca which would Interfere In Tenant's sole Judgment, wllh the radio frequencies of Tenant's Communication Facility. The provisions of ihis Paragraph 13 shall be a covenant running with the land, and shall be binding upon Landlord, and Landlord's successors and assigns for the full term of this Asreemant and any extension and renewal hereof. 14. Quiet PosS8,,'on. The Landlord hereby covenants that the Tenant Is seized and possessed of a valid leasehold estate in and to the Leased Premises, that the Tenant shail have quiet and peaceable possession of the Leased Premises, free from all encumbrances, that the Landlond shall defend title to the Leased Premises for and on behalf of the Tenant, and shall lake no action which wili adversely affect Tenant's rights hereunder, and that the Landlord shall provide suoh further assurances of title as may be necessary or appropriate. If the foregoing covenant of quiet possession shall be breached, the Landlond shall be liable to the Tenant for ali damages Incurred as a result of such breach 15. Assignment and Subleasing. This Agreement may be freely sold, assigned or transferred at any time by Tenant so long as any such assignee agrees to assume Tenanrs obligations hereunder. Upon any such assignment Tenant shall be released from any further obligations hereunder accruing from or after the date of any such assignment. Tenant may freely sublease all or any part of the leased Premises, Including, but not limited to, ground spaca and tower space, and said sub lessees may use the easements for Ingress, egress, regress and utilities. 18. Condemnation. If the whole of the Leased Premises, or such portion thereof as will make the Leased Premises unusable for the purpoies herein leased, Is condemned by any legally constituted public authority, then this Agreement, and the term hereby granted, shall, at Tenant's sale option, cease from tha time when posseSSion thereof is taken by the public authority, and rental shall be accountea for as between Landlord and Tenant as of that date. Any lesser condemnation shall In no way affect the respective rights and obligations of Landlord·and Tenant hereunder. However, nothing In this paragraph shall be construed to limit or adversely affect Tenant's right to an awand of compensation from any condemnation proceeding for the taking of Tenanrs leasehold Interest hereunder or for the taking of Tenant's improvements, fixtures, equipment, and personal property. 17. Damage or Destruction. (a) Landlord acknowledges and agrees that ills extremely Important that Tenant maintain continuous operation of Its Communications Facility on the Leased Premises. Therefore, In the event of any damage to or destruction of the Leased Premises, or any condemnation thereof, which renders Tenant's and its sublessee's Communications Equipment Inoperable or unusable, Tenant and Its sublassees shall have the right, at Its option, to construct or Install temporary facilities, Including temporary or replacement antennae, if necessary, on the Leased Premises or on Landlord's contiguous property, In such location as may be reasonably acceptable to Landlord and in a manner which will not interfere with any repair or reconstruction efforts, In order to continue operation of the Communications FaCility. Landlond shall allow Tenant and Its sublessees to Install such additional equipment and fixtures, Including without limiting the generality of the foregoing, antennae, cables and wires, and shall permit Tenant and Its sublessees accass, construction, repair and maintenance rights as may be necessary to allow Tenant to operate and maintain such temporary facilities until the Leased Premises has been sufficiently repaired to permit Tanant to use the Communications Facmty on the Leased. premises, or until a substitute permanent location acceptable to Landlord and Tenant has been agreed upon, and construction of such substitute permanent facUity has been completed. (b) If the Leased Premises Is repaired, Tenant shall have the right to construct and Install a replacement Communication Facility, In and on the repaired Leased Premises, In substentlally the same location and manner as prior to the occurrence of the damage. It Is the intention of the parties that Tenant shall be able to maintain continuous operation and use of the Communications Facility throughout the Initial Term and any Extended Term(s), at the same or substantially the same site where the Leased Premises Is currently located. .. Lease 4 , • (C) If Tenant ,elecls Ie centlnue operation of the Communications Facility putBuant to this paragraph, this Lease shall not terminate on account of such damage, destruction or condemnation, but shall centlnue in effect, Rent and Tanant's other obligations under this Lease shall be equitably abated or adjusted to account for a1y damage, destruction or raduction Of the Leased Premises or Ihecondltlons under which Tenant's temporary or replacemant facllilles ara being used and operated, cemmenclng from the date of damage, destruction or cendemnallon and continuing during the period of. such repair or restoration. 18. 8ubordlnatlon. At Landlord's option, this Agreement shall be subordinate to any deed to secure debt or mortgage by Landlord which now or hereafter may encumber the Leased Premises, provided, however, that no such subordination shall be effeotlve unless the holder of every such deed tc secure debt or mortgage shall, either In the deed to secure debt or mortgage or in a separate agreement with Tenant, agree that In the event of a foreclosure, or conveyance In lieu of foreclosure, of Landlord's Interest In the Leased Premises, such holder shall recegnlze and confirm the validity and existence of this Agreement and the rights of Tenant hereunder, and this Agreement shall centlnue in full force and Tenant shall have the right to continue Its use and occupancy of the Leased Premises In accordance with ,the provISions of this Agreement as long es Tenant Is not In material default of this Agreement beyond applicable notice and cure periods. Tenant shall exeoute In a timely manher whatever Instruments may reasonably be required to evidence the proviSions of this paragraph. In the event the Leased Premises Is encumbered by a deed to secure debt or mortgage on the Commencement Date, Tenant shall'furnlsh to Landlord a subordination, non-disturbance and attornment agnsament rSNDA"), a~d Landlord shall use Landlord's best efforts to return to Tenant such SNDA executed In recerOable form by the holder, of each deed to seCUre debt or mortgage, no later than ten (10) days after receipt of such SNDA. 19. Tltlt Insuranct. Tenant, at Tenant's option and sole expense, may obtain a title Insurance policy, tllle commitment, tRle report, abstract, or any other reports to Insure the suitability of the Leased Premises for lease. Landlord agrees to fully ceoperale with Tenant's efforts Ie obtain the above mentioned documenls or obtain requested documentation as required by the title Insurance company. If Landlord fails Ie provide requested documentation wllhin thirty (30) days of Tenant's request, or falls to use Landlord's best efforts Ie timely provide any SNDA required In the Subordination Section of this Agreement, Tenant, at Tenant's qptlan, may withhold and accrue the annual rental or any pro rated portion thereof until such time as all such documentation is received by T anant or may terminate this Agreement 20. Enylronmental Laws. Landlord hereby makes the following representations and warranties to Tenant, for the benefit otTenan!: (a) landlord has obtained all permits, licenses and other authorizations, if any, which are required under Environmental Laws, as defined below, and Landlord Is In cempJlance In all material respects with all terms and cendltlons of the required permits, licenses and auihorlzatlons, 'and is also In ccmpllance In all materfal respects with all other limitations, restrlcHons, conditions, standards, prohibitions, requirements, obligations, notifications, schedules and timetables contained In the Environmental Laws; (b) Landlord Is not aware of, and has not received notice of, the disposal or release or presence of Hazardous Substances, as defined below, on the Leased Premises or easements or any property owned by Landlord that Is adjoining or adjacent to the leased Premises or 'the easements or of any past, present or future evenls, cenditlons, circumstances, actlvRles, practices, Incidents, actions or plans whiCh may Interfers with or prevent cempllance or continued compliance on the part of Landlord In any material respect with eny Environmental Laws, or may give rise to any material common law or legal liability, or otherwise form the basis of any material claim, action, demand, sul~ lien, proceeding, hearing, study or Investigation, based on or related 10 the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling, or the emission, discharge, release or threatened release Into the environment, of any HazardOUS Substance; (c) The Leased Premises, Including the easements, and all property owned by Landlord that is within one mile of the Leased Premises or the easements are free from Hazardous Substances; and (d) There is not pending, or, to the best of Landlord's knowledge, threatened against Landlord, and Landlord knows of no facts or circumstances that might give rise to, any civil, criminal or admlristratlve action, suit, demand, claim, hearing, notice or demand letter, notice' of violation, environmental lien, investigation, or proceeding reletingln any way to Environmental Laws. ' , Lease 5 • As used herein the following terms shall have the following meanings: (a) 'Environmental Laws" shall mean all federal, state, local and foreign laws relating to pollution or protection of the environment, InclUding laws relating to emissions, discharges, releases Or threatened releases of any Hazardous Substance Inlo. the environment (Including without limitation, ambient air, surface water, ground water or land), or othet'Wlse relating to the generation, manufacture, processing, distribUtion, use, treatment, storage, disposal, transport, or handling of Hazardous Substances and any and a/l regulations, codes, standards, plans, orders, decrees, Judgments, Injunctions, notices or demand letters issued, entered, promulgated or approved thereunder. (b) 'Hazardous Sybstances' shall mean any pollutant contaminant, hazardous, toxic or dangerous waste, sUbstance or material, or any other substance or material regulaled or controlled pursuant to any Environmental Law, including, without limiting the' generality of the foregoing, asbestos, PBS, petroleum products (Including crude all, natural gas, nalural gas liqUids, Ilqulfied natural gas or synthetic ges) or any other substance defined as a 'hazardous substance," 'extremely hazardous waste," 'restricted hazardous waste," "hazardous material," "hazardous chemical," "hazardous waste," 'regulated substance," "toxic chemical," 'toxic substance," or other similar term In any Envlronmantal Law. If during the Initial Term or any Extended Term it Is datermlned that the Leased Premises, the easements, or any property owned by Landlord that Is adjOining or adjacent to the Leased Premises or the easements Is contaminated with Hazardous Substances, Tenant shall have the right, In addition to other rights and remedies, to terminate this Lease upon thirty (3~) days written notice to Landlord. 21. Opportunltv to Cur.. If Tenant shall fail to pay any rental or other amounts payable under this Agreement when due, or If Tenant should fail to perform any other of the covenants, terms or conditions of this Agreement prior to exercising any rights or remedies against Tenant on account thereof, Landlord shall first provide Tenant with written notice of the failure and provide Tenant with a thirty (3~) day period following receipt of .such notice to cure such failure (If ihe failure Is a fanure to pay rental or any other sum of money under this Agreement) or a sixty (60) day period following receipt of such notice to cure suCh failure (If the failure is a failure to pelform any other covenant, term or condition of this Agreement). If the failure Is not a failure to pay rental or any other sum of money hereunder and Is not'capable of being cured within a sixty (60) day period, Tenant shall be afforded a reasonable period of time to cure the fellure provided that Tenant prompUy commences curing the failure after the notice and prosecutes the cure to completion with due diligence. 22. Goyerning Law, This Agreement shall be governed and Interpreted by, and construed in accordance with, the laws of the State in which the Leased Premises Is located. . 23. Notices, All notices hereunder must be In writing and shall be deemed validly given when delivered by hand, by nationally recognized overnight express delivery service or by First Class United States mail, certffled , return receipt requested, addressed as follows: Tenant NTCH-Coiorado, Inc. 16DO Ute Avenue SUite 10 Grand Junction, Colorado 81501 Landlord: Richard W. Rhoades and Karen S. Rhoades P. Q, Box 605 Rifle, CO 81650 Lease 6 , . Any nolice or other communication mailed as herein provided shall be deemed effectively given (a) on the date of delivery, if delivered by hand or (b) on the date received, If sent by overnight express delivery or If sent by u.S,. mall. The parties ~ay .substltute reclplenfs names and eddresses by giving at least 10 days notice as provided hereunder. Rejection or refueal to accept delivery of any notice, or the inability to deliver any noUce because of a changed address of Which no notice was given, shall be deemsd to be receipt of any such notice. 24. Blndlgq Effact. This Agreement shall extend to and bind the heirs, personal representatives. succassors and assigns of landlord and Tenant and shall constitute covenants running with the land. 25. Mllctllaneou8. Except as set forth In this Agreement whenever the consent or approval of either party is required or a determination must be made by elthar party under this lease, no such consent or approval shall be unreasonably withheld, denied 'or delayed. and all suoh determinations shall be made on e reas?na~le basis and in a reasonable manner. This Agreement cannot be modified except by a written modification executed by landlord and Tenant In the same manner as this Agreement Is executed. The headings, captions and numbers In this Agreement are solely for convenience and shall not be considered In construing or Inte~pretlng any provision In this Agreemenl Wherever appropriate In this Agreement, personal pronouns shall be deemed \0 include other genders and the singular to Include the plural, If applicable. Th!s Agreement and any attached Exhlbns and Addenda contains all agreements, promises and underslandlngs between the landlord ana Tenant, and no verbal or oral agreements, promises, statements, assertions or representations by Landlord or Tenant or any employees, agente, contractors or other representations of either, shall be binding upon landlord or Tenant. All ExhibIts 10 this Agreement are incorporated within and made a part d this Agreement by their reference within the Agreement. This Agreement may be executed In several counterparts. each of which shall constitute en original and all of which shall constitute the same agreement. At the request of Tenant, landlOrd agrees to execute a memorandum or short form of this Agreement provided by Tenant In recordable form setting forth a description of the leased Premises, the temi of this Agreement and other Information desired by Tenant for the purpose of giving public notice thereof to third parties. If any term, covenant. condition or provision of this lease or application thereof shall, \0 any extent, be Invalid or unenforceable, the remainder of this Lease shall not be affected thereby. and shall be valid and enforceable to the fullest extent permitted by law. No failure or delay of the parties hereto to exercise their rights hereunder or to insist upon the strict compliance with any obligation Imposed hereunder, and no course of dealing or custom or practice of either party hereto at variance with any term hereof. shall constitute a waiver or a modification of the terms hereof or the right \0 demand strict complianca With the tanms hereof. 26. ConfldentlalllY. landlord agrees that all terms of this Agreement, and any Information furnished to Landlord by Tenant In connection With this Agreement, shall be and remain confidential. Except for Landlord's attorney or broker, If any, landlord shall not disclose any such terms or Information without the prior written consent of Tenant. The provisions of this paragraph to the contrary notwithstanding, the parties hereto expressly agree to execute and record a Memorandum of lease In the form of that executed by the parties hereto, with Tenant being hereby authorized to Insert-therein the CO[l1mencement Date hereof as determined by the provisions of the Initial Term and Rental section of this Agreement and to attach ExhlbH A and exhibIt B of this Laase. 27. SuM"'!. Explrallon or termination of this Agreement for any cause shall not release elther party from any liability which at the lime of expiration or termination has alreedy accrued to the other party or which thereafter may accrue In respect of any act or omission prior to expiration or termination. All obllgallons of either party which expressly or by their nature survive the expiration or termination of this Agreement shall continue In full force and effect notwithstanding Its expiration or termination, until they are satisfied In full or by their nature expire. 28. Debt Security. Landlord covenants and agrees that, without the prior consent of landlord, at all limes during the Initial Term or eny Extended Term, Tenant shall have the right to mortgage or convey by deed of trust, deed to secure debt or other instrument adequate for the purpose of securing any bona fide Indebtedness or evidence thereof, this lease or the leaseholder's Interest of the Tenant created hereby, together with all of the Tenant's right IItle. and interest in and to the Improvements hereinafter constructed, erected, or placed on the leased Prem,lses by Tenent, provldec! that no such mortgage, conveyance or encumbrance, nor any foreclosure thereof, nor any purchase thereunder, shall impair or abridge the rights of the landlord. Leasa 7 , " 29. Estoppel C.rtmCata. Landlord agrees Ihat II will from time to time. upon not less than fifteen (15) days written notice from Tenant. upon request by Tenant execute and deliyer to Tenant a written statement addressed to Tenant (or to a party designated by Tenant). which statement shall Identify Tenant and this Agreement. shall certify that this Agreement Is unmodified and In full force and effect (or W there have .been modifications, that the same Is In full force and effect as so modified), shall confirm thai Tenant Is not In default as to any obligations of Tensht under this Agreement (or W Tenant Is In default, specifying any default). and shall conlaln such other information or confirmations as Tenant may reasonably require. The Estoppel Certificate shall be furnished to Landlord by Tenant or a party deSignated by Tensnt. 30. ~. Tenant and Landlord each acknowledges and reprasents to Ihe other that no broker was used by illn connection with this Agreement and the Leased Premises. 31. Due Authorlzallon. If Landlord Is a corporation or a partnership whose general or managing partner Is a corporation. the undersigned officer of Landlord represents that he or she Is a duly authoril:ed officer of said corporation and Is authorized to execute this lease and bind Landlord to the lerms hereof. 32. Addendum. If Landlord and Tenant have agreed 10 amend any of the foregolnglJllllj ~ -'his Agreement, by the attached Ad~ to Lease Agreemenl, the landlord's In~lals appear her~the Tenant's Initials appear here [~, and the attached Addendum to Lease Agreement Is Incorporated herein and made a part hereof by Ihls reference. (Remainder of page Intentionally left blank.] Lease 8 · . IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day first above written. Landlord: Tenant: NTCH·COLORADO, INC., a Colorado corporal/on By: _6.;!~-"'~+ __ _ Garry Opera [Corporate Seal] Lease 9 • ADDENDUM TO LEASE AGREEMENT BETWEEN Richard W. Rhoades & Karen S. Rhoad ... husband and Wife. as lolnt tenants, as Landlords, and NTCH-COLRADO, INC., as Tenant )' DATitl slAnL IJ) ).002-Landlord and Tenanl hereby agree that the terms and conditions of the Agreement are hereby supplemented andlor amended as follows: LANDLORD grants to TENANT the rlghUo Install and maintain during the Term of this Agreement Identifying signs. or other types of signs required by any governmental authority on or along any access road to the Premises, including. If necessary, signs visible from the nearest public street, at locations where an access road dlverg,as, or W an obstruction obscures visibility of the Premises and Improv~ments, TENANT agrees to minimize the size of such signs as reasonably required for readability and compliance with regulations or directives of any governmental authority. 1). Paragraph 1. Discrlptlon and Lease of Leased Premises. This provision shall be replaced with the following language: Landlord is the owner of certain real property tocated in ~ County, State of Colorado, Landlord leases to Tenant a portion of such real property as the "Leased Premises·. Said Leased Premises is more specifically described In and substantially shown on exhibit A attached hereto and made a part hereof for all purposes. Landlord and Tenant hereby agree that after completion of a survey of the Leased Premises, (and an as·bullt survey, if desired by Tenant) Exhibit B shall constitute the determinative description of the Leased Pr4!mlses. Landlord agrees to My cooperate with and assist Tenant in any wayln obtaining any additional easements or consents required from any adjoining or adjacent property owners or other parties, if .necessary for Tenant to have adequate Ingress, egress, regress and utility service to the Leased Premises, 2). Paragraph ,2. Inillat Term and Renlal. This provision shall be replaced with the following language: This Agreement shall be for an Initial term of five (5) years beginning on the first day of the month during which the Option granted by Landioi'd to Tenant Is exercised by Tenant as therein provided, as reflected In the Memorandum of Lease executed by the parties here to (the 'Commencement Date') at an annual rental of Eight Thousand Four Hundred Dollars and OO/OORDS ($8,400,00), to be paid In equal annual Inslallments, in advance, to Landlord or to such other person, firm or place as the Landlord may, from time to time. designate in wrHing at least thirty (30) days in advance of any rental payment date, Tenant shall' make all annual rental payments on the anniversary of the Commencement Date throughout the Initial Term and any Extended Terms. 3), Paragraph 3. Extension of Term. This provision shall be replaced with the following language: Lease Tenant Is hereby grented the option to extend the term of this Agreement for nine (9) additional consecutive flve (5) year periods (the 'Extended Tarm(s)"). Each option for an, extended term shall be deemed automatically exercised without nolice by Tenant to Landlord unless Tenant gives Landlord wMtten notice of ils Intention not to exercise any such option, prior to the beginning of the Extended Term, In which case, this Agreement shall expire at the end of the then current tenn. Ali references herein to the term of this Agreement shall Include the term as It Is extended as provided in this AgreemehC --10 , 4). PlII'agraph 4. 'Extended Term Renlal. This provision shall be replaced with the following language: At the end Of each five (5) year period during the terms hereof or of any extension or renewal hereof the annual rental shall be Increased by using the following formula: ' New Re~t = [(original annual rental) x (CPI percentage increase)] + (original rental) ·Consumer Price Index' shall mean the local Metropolitan Area Consumer Price Index published by the Bureau of -labor Statistics of the United Slates Departmant of Labor for Urban Wage Earners and Clerical Workers. In the event the Consumer Price Index Is converted to a different standard reference base or otherwise revised, the determination of new rental will be made with the use of such conversion factor, formula or table for convert/ng the Consumer Price Index a~ may be published by the Bureau of Labor Statistics, or If the Bureau should fail to publish same, then with the use of such conversion factor, formula or table for converting the Consumer Price Index as may be published by Prentice Hal/, Inc, or any other nationally recognized publisher of similar staHsticallnformatlon. If the Consumer Prtce Index ceases to be published and there Is no successor thereto, such other Index as landlord and Tenant may agree upon will be substituted for the Consumer Price Index. ' 5). Paragraph 5. Continuance of Leas" This provision shall be replaced with the folloWing language: If at least six (6) months prior to the end of the ninth (9th) Extended Term, neither landlord nor Tenant has given the other written notice of Its daslre that the term of this Agreement end at expiration of the ninth (9'") Extended term, then upon the expiration of the ninth (9~) Extended Term; this Agreement shall continue In force upon the same covenants, terms and conditions for a further term of one (1) year, and for annual terms thereafter until terminated by either party by giving to the other written notloe of Its intention to so terminate at least twelve (12) months prior to the end of any such annual term. Annual rental during suoh annual terms shall be equal to the rent paid for the last year of the ninth (9'") Extended Term increased by three percent (3%) each year for which the lease Is continued under the above provisions. 6). Paragraph 6. Us.. .Thls provision Shall be replaced with the following language: Lease Tenant shall use the leased Premises for the purpose of erecting, Installing, constructing maintaining and operating communications laC/lnles and uses Incidental thereto, which facilities shall consist of not more than five (5) one-story buildings, not exceeding flfteen feet (15') high by thirty feet (30') in length, necessary to house telecommunications and broadcast equipment and Including without limiting the generality of the foregoing, generator(s), low-profile antenna support struCtures and not more than one (1) monopole tower, the height nol to exceed 200 feet, es determined by Tenant, now or In the future, to meet Tenant's and Its customers' telecommunications and broadcast needs, and all necessary appurtenances, and a security fence of chain link or comparabte construction that may, at the option of Tenant, be placed around the perimeter of , or within, the leased Premises (collectively, the "Communications Faclllty"). All Improvements to the Leased Premises necessary for Tenant's use shall be made at Tenanrs sole expense. landlord hereby grants such appurtenant essements to Tenant In, over and across such portions of landlord's contiguous property as are reasonably required for the erection, construction, installation, maintenance, and removal of the Communloatlons Facility, Including without limiting the generality of the foregOing, (1) the right of ingress, egress, and regress to and from the leased Premises for construction machinery and equipment, (2) the right to use such portions of landlord's contiguous property as are reasonebly necessary for storaga of constnuctlon materials and equipment during construction of the Communications FaCility. Tenant Will maintain the Leased Premises and all of Tenanrs Improvements on the leased Premises in a reasonable condition. 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 Tenant's towers or Tenant's other Improvemenis. ,The monopole towar shall be erected and malntalnsd wIthout guy wires, 11 • The following provision shall be added to this Agreement: 7). Tenant wiliinsiall only undergroUnd utility lines to the Leased Premises for the purpose of maintaining the communications facility. Existing power lines on City of Rifles driveway access to Leased Premises shall be Incorporated Into this Installation. Underground installation Of utility lines include power and telephone for the sale purpose of maintaining Tenant's communications facility from the public utility access to Leased Premises at no cost to Landlord. No other underground ufilities lines shall be the responsibility of the Tenant. . . The following provision shell be added to this Agreement: 8). Tenant agrees all frequencies transmitted on the communications facility will be in compliance with all FCC governmental regUlations. 9). The following prOVision shall be added to this Agreement: Landlord hereby grants such appurtenant easements to Tenant In, over and across such portions of Lendlord's contiguous property es are reasonably required. Such appurtenant easements shall lie within the northerly 100' feet of'Landlord's contiguous property and shall, to the extent pOSSible, utilize the existing City of Rifle driveway easement. Tenant may remove the fence along the westerly 200' feet and the non-leased area fencing easterly 100' feet of the driveway off County Road 233 during the construction of the communications facility provided the fence is re-erected from the easterly leased area and the easterly driveway upon completion of the facility. 10). The following provision shall be added to this Agreement: At Landlord's request, the first 5 (flve) years lease payments, the Initial Term and Rental, Including said Option Agreement monies, shall be made payable to Michael W. Rhoades, son of said Landlord's. Upon Michael W. Rhoades signing of a W-9, Request for Taxpayer Identification Number and Certification, said Option Agreement payment shell be paid. Upon Tenant's exeroisina, said Option Agreement, at the beginning of construction of said communications facility, the first (1 ) years lease payment shall be made payable to Michael W. Rhoades and thereafter for the first 5 (five) years of said lease. Should Landlord's choose, in the future, to re-dlrect said lease payment, this proviSion Shall refer back to Item #2, Paragraph 2 of said Addandum to Lease Agreement. Any capitalized term used In this Addendum and not otherwise defined herein shall have the meaning given such term In the Agreement. In the event of any conflict between the Agreement (wtthout this Addendum) end this Addendum, this Addendum' shall control. Except as set forth In this Addendum, the terms and conditions of the Agreement shall remain unmodified and in full force and effect. Landlord's Inltials:./3.!t!!.Ro ~ Tenant's InltlalS.e Lease 12 • .. IThls Addendum page to remain in lea •• even if not uSed] Lease 13 " "-LANDLORD NOTARY BLOCK (INDIVIDUAL) STATEOF ~ COUNTY OF JiafU !' BEF?eRE M~'IC In and for said County and State. personally appeared the above-named t!l&4,"!!:!-_ It/. ~ who acknowledged that s/he did sign the foregoing Instrument and that the same Is er/hls free act and deed, /i). /J IN TESTIMONY W~OFI I hav~to set my hand and official s.eal at -~7=~'-::;;i!~~!Ib... ~#d /A. this day of ~ • 0/'(1.3, My comyssion expires: -¢.L-t?-3 LANDLORD NOTARY BLOCK (INDIVIDUAL) STATE OF -""4:::f<!!!~L.. COUNTY OF -I-~,*,~t::. ~ BEI'ORErclE~No~ry?ublic in and for said County and State. personally appeared the above-named _'i"b< ~~. who acknowledged that s/he did sign the foregoing Instrument and that the s me Is her/his free act and deed. !. , ~S1lMONY WH~FI I havii';r~~to set my hand and offlclal seal at C~ this . ayof T~ , p?(I!I~ My commission expires: 3 -:=>'''.-(7..!J L.aas9 14 ',. .. TENANT NOTARY BLOCK STATE OF COLORADO COUNTY OF MESA I, jeA(lAv R M·d ,Notary Public for said County and State, do hereby certify that Garry Curry, OperaUons Manager of NTCH·COLORADO, Inc" and personally known to me to be the same person whose name Is subscribed to the forll90lng Instrument, appeared before me this day In person and acknowledged that as such Operations Manager he sIgned and delivered the said Instrument as his free and voluntary act, and as the free and voluntary act and deed of said corporation. ~~rTIMONY ~R.EOF, I have hereunto set my hand and official seal this ..:1!::.... day of Lease 15 ' . • '. EXHIBIT A (Altach Site Sketch (Including easements) until Legal Description of Leased Premises can be obtained) (WIll 8 e Replaced by Exhibit 8 after survey) , Said Leased Premise;' fa contain approximately -1QQ..; x...1QQ.. feet out of: , . N1I2 SW1I4 SVii/4, Section 3, ToWnship 6 South, Range 93 West, ofilie 6th Principal Meridian. APN # 2177-033 -00-005 '''I I I' " J Landlord's Infila"¥. A h)8tPR,,; Tenant's Initials ',. ",:': p;~~eS\l::01204 RhoadealOpHo" Agreemenldoc " .. EXHIBITB Legal Description and Survey (and/or As Built Survey) of the Leased Premise. (Including enement.) (to be attached at a later data) \\l.an,erveJ\PubllclLEASESlC01204 Rho.~e.Il. •• s •. doc 83019501/17/201304:16:12 PM Page 1 of20 Jean Alberico, Garfield County, Colorado Rec Fee: $106.00 Doc Fee: $0.00 eRecorded RECEIVED Prepared by and Retum to: SBA Network Services, Inc. Attn: Lisa Nuccio 5900 Broken Sound Parkway, NW Boca Raton, FL 33487 561.226-9491 STATE OF COLORADO COUNTY OF GARFIELD JUN 19 2013 GARFIELD COUNTY BUILDING & PLANNING [Recorder's Use Above This Line] Tax ID Number: EASEMENT AGREEMENT By and between Richard W. Rhoades and Karen S. Rhoades ("Grantor") with an address of County Road 233, Rifle, CO 81650 and SBA Towers II LLC, a Florida limited liability company ("Grantee") with an address of 5900 Broken Sowld Parkway NW, Boca Raton, FL 33487 By initialing below, the GrantOl' does hereby acknowledge that the Grantor has received, reviewed and approved this Easement Agreement in which the Easemcnt described herein is granted from Grantor to Grantee. . Grantor initial(s) here: Site lD: COI0489-NRhoades 1 , , Pl'Cpared by and Retul'll to: SBA Network Services, Inc. Attn: Lisa Nuccio 5900 Broken Sound Parkway, NW Boca Raton, FL 33487 561.226-9491 STATE OF COLORADO COUNTY OF GARFIELD Recnrclpcl, Plectronically 10 'ZYSrc/:;. Coun! l1C''-i-·+'~~,L., Dale-D· I?>. ( Time JI-: IL; Slmplifile.com 800.480.5657 [Recorder's Use Above This Line] Tax ID Number: EASEMENT AGREEMENT By and between Richard W. Rhoades and Karen S. Rhoades ("Grantor") with an address ofeounty Road 233, Rifle, CO 81650 and SBA Towers II LLC, a Florida limited liability company ("Grantee") with an address of 5900 Broken Sound Parkway NW, Boca Raton, FL 33487 By initialing below, the Grantor does hereby acknowledge that the Grantor has received, reviewed and approved this Easement Agreement in which the Easement described herein is granted from Grantor to Grantee. Grantor initial(s) here: Sile ID: CO I0489-A1 Rhoades 1 EASEMENT AGREEMENT This Easement Agreement ("Agreement") dated as of r,Jp-C.0..tu j :3 f , 20 I ,0:., by and between Richard W. Rhoades and Karen S. Rhoades with an address of County Road 233, Rifle, CO 81650 ("Grantor") and SBA Towers II LLC, a Florida limited liability company, with an address of 5900 Broken Sound Parkway NW, Boca Raton, FL 33487 ("Grantee"). BACKGROUND Grantor is the owner of the real property described on Exhibit 'A' attached hereto (the "Premises"). Grantor desires to grant to Grantee certain easement rights with respect to the Premises, as more particularly described below, and subject to the terms and conditions of this Agreement. AGREEMENTS For and in consideration of the covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: I. Grallt of Easements. Grantor, for itself and its heirs, personal representatives, successors and assigns, hereby grants and conveys unto Grantee, its tenants, lessees, sublessees, licensees, agents, successors and assigns: (i) a perpetual, exclusive easement (the "Exclusive Easement") in and to that portion of the Premises more pat1icularly described on Exhibit 'B' hereto; and (ii) a perpetual, non-exclusive easement in and to that portion of the Premises more palticulariy described on Exhibit 'c' hereto (the "Access and Utility Easement") (the Exclusive Easement and the Access and Utility Easement being collectively referred to herein as the "Easements"). The Easements shall be used for the purposes set fOlth in Section 6 hereof. The Premises and Easements being more particularly described within the survey attach as Exhibit 'D'. 2. Private Easement. Nothing in this Agreement shall be deemed to be a dedication of any area for public use. All rights, easements, and interests herein created are private and do not constitute a grant for public use or benefit. 3. Successors Bound. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective heirs, personal representatives, lessees, successors and assigns. It is the intention of the palties hereto that all of the various rights, obligations, restrictions, and easements created in this Agreement shall run with the affected lands and shall inure to the benefit of and be binding upon all future owners and lessees of the affected lands and all persons claiming under them. 4. DUl'ation. The duration of the Easements granted herein (the "Term") shall be perpetual, unless Grantee provides written, recordable notice of its intent to terminate this Site 10: C010489-AI Rhoades 2 Agreement, in which event this Agreement and all obligations of Grantee hereunder shall terminate upon Grantee's recordation of any such notice. Grantor may not terminate this Agreement. 5. Easement Consideration. Grantor hereby acknowledges the receipt, contemporaneous with the execution hereof, of all consideration due hereunder. Accordingly, no additional consideration shall be due during the Term of this Agreement. 6. Use of Easement Areas. (a) Exclusive Easement. Grantee and its designated customers, lessees, sublessees, licensees, agents, successors and assigns shall have the unrestricted right to use the Exclusive Easement for installing, constJucting, maintaining, operating, modifying, repairing and replacing improvements and equipment, which may be located on the Exclusive Easement from time to time, fOl' the facilitation of communications related uses in cOllllection therewith and other uses as deemed appropriate by Grantee, in its sole discretion. Grantee may make any improvements, alterations or modifications on or to the Easements as are deemed appropriate by Grantee, in its sole discretion. At all times during the term of this Agreement, Grantee shall have the exclusive right to use, and shall have free access to, the Easements seven (7) days a week, twenty-foul' (24) hours a day. Grantee shall have the unrestricted and exclusive right to lease, sublease, license, or sublicense any structure or equipment on the Exclusive Easement and shall also have the right to license, lease or sublease to third palties any portion of the Exclusive Easement, but no such lease, sublease or license shall relieve or release Grantee from its obligations under this Agreement. Grantor shall not have the right to use the Exclusive Easement for any reason and shall not disturb Grantee's right to use the Exclusive Easement in any manner. Grantor and Grantee acknowledge that Grantee shall have the right to construct a fence around all 01' part of the Exclusive Easement, and shall have the right to prohibit anyone, including Grantor, from entry into such Exclusive Easement. (b) Access and Utility Easement. The Access and Utility Easement shall be used by Grantee, its tenants, lessees, sublessees, licensees, agents, successors and assigns for ingress and egress from and to the Exclusive Easement, as well as the constJuction, installation, operation and maintenance of overhead and underground electric, water, gas, sewer, telephone, data transmission and other utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) with the right to construct, reconstruct, improve, add to, enlarge, change and remove such facilities, and to COllllect the same to utility lines located in a publicly dedicated l'ight of way. Grantor shall not in any mallller prevent access to, and use of, the Access and Utility Easement by Grantee or its tenants, lessees, sublessees, licensees, agents, successors and assigns and Grantor shall not utilize the Access and Utility Easement in any manner that interferes with Grantee's or its tenants', lessees', sublessees', licensees', agents', successors' and assigns' use of such area. If the Access and Utility Easement is currently used by Grantor or its tenants, then Grantee shall not in any mallller prevent access to, and use of, the Access and Utility Easement by Grantor 01' its tenants. 7. Equipment and Fixtures. Grantee's equipment, structures, fixtures and other personal propeliy now or in the future on the Easements shall not be deemed to be part of the Site ID: CO 1 0489-AI Rhoades 3 Premises, but shall remain the property of Grantee or its licensees and customers. At any time during the Term and within 90 days after termination hereof, Grantee or its customers shall have the right to remove their equipment, structures, fixtures and other personal propelty from the Easements. 8. Assignment. Grantee may freely assign this Agreement, including the Exclusive Easement and the Access and Utility Easement and the rights granted herein, in whole or in part, to any person 01' entity (including but not limited to an affiliate of Grantee) at any time without the prior written consent of Grantor. If any such assignee agrees to assume all of the obligations of Grantee under this Agreement, then Grantee will be relieved of all responsibility hereunder. 9. Covenants and Agreements. (a) Grantor represents and wan'ants that it is the owner in fee simple of the Premises, free and clear of all liens and encumbrances and that it alone has full right to grant the Easements and assign the Lease (as such term is defined in Section 25 hereof). Grantor further represents and wanants that Grantee shall peaceably and quietly hold and elUoy the Easements for the Term, subject to those instruments recorded in Book 367, Page 432, Book 371, Page 278, Book 375, Page 67, Book 371, Page 280, Book 375, Page 65, Book 1462, Page 660, Book 1495, Page 415, and at Reception No. 776484, each of the Office of the Garfield County Clerk and Recorder. (b) During the Term, Grantor shall pay when due all real propeliy taxes and all other fees and assessments attributable to the Premises; provided, that Grantee shall reimburse Grantor for any increase in ad valorem real propeliy taxes levied against the Premises which are directly attributable to the Personal Property, following receipt by Grantee from Grantor of evidence of payment in full of such taxes and proof of such increase and its allocation to the Personal Propelty. If Grantor fails to pay when due any taxes affecting the Premises, Grantee shall have the right but not the obligation to pay such taxes and demand payment therefore from Grantor, which payment Grantor shall make within ten (10) days of such demand by Grantee. The provisions of the foregoing sentence shall sUl'vive the termination or expiration of this Agreement. (c) Grantor shall not cause the area comprising the Easements to be legally or otherwise subdivided from any master tract of which it is a palt in such a way that the remaining tract containing the Easements is substantially the only use of the tract, nor shall Grantor cause the area comprising the Easements to be separately assessed for tax purposes. If it is determined by Grantee that the transfer of the Easements set forth herein requires or shall require the subdivision of the Premises, and if Grantee, in its sole judgment, determines that it desires to seek subdivision approval, then Grantor agrees to cooperate with Grantee, at Grantee's expense, in obtaining all necessary approvals for such subdivision. (d) Grantor shall not grant, create, or suffer any claim, lien, encumbrance, easement, restriction 01' other charge 01' exception to title to the Premises that would adversely affect Grantee's use of the Easements. Grantor has granted no outstanding options to purchase Site ID: CO 10489·AI Rhoades 4 or rights of first refusal with respect to all or any palt of the Premises and has entered into no outstanding contracts with others for the sale, mortgage, pledge, hypothecation, assignment, lease or other transfer of all or any P81t of the Premises and there are no leases, written or oral, affecting the lands underlying the Easements except for the Lease. (e) Grantor has and will comply with all environmental, health and safety laws with respect to the Premises. (f) Grantor has not received notice of condemnation of all 01' any part of the Premises, notice of any assessment for public improvements, 01' notices with respect to any zoning ordinance 01' other law, order, regulation 01' requirement relating to the use or ownership of such lands and there exists no violation of any such governmental law, order, regulation or requirement and there is no litigation pending or threatened, which in any mallller affects the Easements. (g) Grantor reaffirms and restates the representations contained in the Lease (as defined in Section 25) as though they were set forth in this Agreement. The representations and warranties made hereunder shall survive the Closing. Grantor agrees to indemnify, defend and hold harmless Grantee 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 Grantor of any representation, warranty or covenant of Grantor contained herein, in the Lease, or in any agreement executed in cOllllection herewith. 10. Non-Disturbance. During the Term, Grantor will not improve or grant any other easement, ground lease, lease, license, sale or other similar interest of or upon the Premises if such improvement or interest would interfere with Grantee's use of the Easements nor shall Grantor during the Term enter into any other lease, license or other agreement for a similar purpose as set forth herein, on 01' adjacent to the Premises. Grantee and its tenants, lessees, sublessees, licensees, agents, successors, and assigns are currently utilizing the Exclusive Easement for the non-exclusive purpose of transmitting and receiving telecommunication signals. Grantor and Grantee recognize the Grantee's use of the easement rights set fOlth in this Agreement would be frustrated if the telecommunications signals were blocked, if an obstlUction were built that would cause interference with such transmission, if access andlor utilities to and from the Exclusive Easement were partially and/or completely inhibited, or if Grantee's use was otherwise materially interfered with 01' prevented. Grantor, for itself, its successors and assigns, hereby agrees to use its best eff0l1s to prevent the occW'rence of any of the foregoing, and shall promptly undellake any remedial action necessary to do so. Grantee shall have the express right to seek an injunction to prevent any of the activity prohibited by this Section 10. 11. Access and Utilities. Grantor conveys to Grantee, its tenants, lessees, sublessees, licensees, ageuts, successors and assigus, complete, uninterl'Upted access to and from the Exclusive Easement, seven days a week, 24 hours a day, over any adjacent pl'Opel1y owned by Grautor for, without limitation, ingress and egress to and from utility C0l1llections, but solely to the extent the Access and Utility Easement is blocked or otherwise rendered unusable to Grantee; provided that Grantee shall repair any damages to the Premises caused by such access and provided fmther that such alternate access shall be temporary in nature and shall discontinue, in Site 10: COI0489-AI Rhoades 5 each instance, once the Access and Utility Easement is fully available and usable in accordance with this Agreement. Grantor agrees to maintain the Access and Utility Easement in a manner sufficient to allow for pedestrian and vehicular access at all times, excluding, however, any damage to such road caused by Grantor or any party that is not a tenant, lessee or other authorized agent of Grantee. If any utilities that currently serve the Exclusive Easement are not encompassed within the description of the Access and Utility Easement, then Grantor and Grantee agree to amend the description to include such areas. If it becomes necessary to relocate any of the utility lines that serve the Exclusive Easement, Grantor agrees to the reasonable relocating of such utilities upon the Premises without any interference with building improvements, for no additional consideration, and fulther agrees to cooperate with Grantee to create a revised legal description for the Access and Utility Easement that will reflect such relocation. 12. MOligagees' Continuation Rights and Notice and Cure. Grantee may from time to time grant to celiain lenders selected by Grantee and its affiliates (the "Lender") a lien on and secUl'ity interest in Gmntee's interest in this Agreement and all assets and personal property of Grantee located on the Easements, including, but not limited to, all accounts receivable, inventory, goods, machinery and equipment owned by Grantee ("Personal Propelty") as collateral security for the repayment of any indebtedness to the Lender. Should Lender exercise any rights of Grantee under this Agreement, Grantor agrees to accept such exercise of rights by Lender as if same had been exercised by Grantee. If there shall be a monetary default by Grantee under the Agreement, Grantor shall accept the cure thereof by Lender within fifteen (15) days after the expimtion of any grace period provided to Grantee under this Agreement to cure such default, prior to terminating this Agreement (if permitted by the terms hereof). If there shall be a non-monetary default by Grantee under this Agreement, Grantor shall accept the cure thereof by Lender within thitty (30) days after the expiration of any grace period provided to Grantee under this Agreement to cure such default, prior to terminating this Agreement (if permitted by the terms hereof). Hereafter, this Agreement may not be amended in any respect which would be reasonably likely to have a material adverse effect on Lender's interest therein 01' surrendered, terminated 01' cancelled, without the prior written consent of Lender. If the Agreement is terminated or is rejected in any bankruptcy proceeding, Grantor will enter into a new easement agreement with Lender or its designee on the same terms as this Agreement within 15 days of Lender's request made within 30 days of notice of such termination or rejection, provided Lender pays all past due amounts under the Agreement, if any. The foregoing is not applicable to normal expirations of this Agreement. Grantor hereby agrees to subordinate any security interest, lien, claim or other similar right, including, without limitation, rights of levy 01' distraint for rent, Grantor may have in 01' on the Personal Property, whether arising by agreement 01' by law, to the liens andlor security interests in favor of the Lender, whether currently existing 01' arising in the future. Nothing contained herein shall be constlued to grant a lien upon or security interest in any of Grantor's assets. Simultaneous with any notice of default given to Grantee under the terms of this Agreement, Grantor shall deliver of copy of such notice to Lender at an address to be provided by Grantee. 13. Notices. All notices required to be given by any of the provIsions of this Agreement, unless otherwise stated, shall be in writing and delivered in person 01' by a national Sile 10: CO I 0489-AI Rhoades 6 overnight delivery service (and shall be effective when received, when refused or when the same cannot be delivered) to the appropriate party at the address set forth below (01' at such other address designated in writing pursuant to the terms hereof): To Grantor: Richard W. Rhoades and Karen S. Rhoades County Road 233 Rifle, CO 81650 With a copy to: Stuver & LeMoine, P.C. Attn: Thomas W. Stuver, Esq. P.O. Box 907 Rifle, CO 81650 To Grantee: SBA Towers II LLC 5900 Broken Sound Parkway NW Boca Raton, FL 33487 Attn: Legal Dept. 14. Force Majeure. The time for performance by Grantor or Grantee of any term, provision, or covenant of this Agreement shall be deemed extended by time lost due to delays resulting from strikes, civil riots, floods, labor or supply sholtages, material or labor restrictions by governmental authority, litigation, injunctions, and any other cause not within the control of Grantor or Grantee, as the case may be. 15. Recording. This Agreement shall be recorded at either Grantor's 01' Grantee's option. 16. Miscellaneous. 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. This Agreement shall be governed by and construed in accordance with the laws of the state or commonwealth where the Premises are located. 17. Captions and Headings. The captions and headings in this Agreement are for convenience and shall not be held or deemed to define, limit, describe, explain, modify, amplify or add to the interpretation, construction 01' meaning of any provisions of or the scope or intent of this Agreement. 18. Cumulative Remedies. Except as otherwise expressly provided herein, each and everyone of the rights, benefits and remedies provided to Grantor or Grantee by this Agreement, or by any instlUment 01' documents executed pursuant to this Agreement, are cumulative and shall not be exclusive of any other of said rights, remedies and benefits allowed by law or equity to Grantee. Site ID: CO I 0489-AI Rhoades 7 19. Counterparts. This Agreement may be executed in one or more counterparts, and by the different parties hereto in separate counterpalts, each of which when executed shall be deemed to be an original but al1 of which taken together shall constitute one and the same agreement. 20. Severability. If any provision of this Agreement is deemed unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if such provision had been so limited 01' as if such provision had not been included herein, as the case may be. Additional1y, if any laws, rules 01' regulations promulgated by any state, county 01' local jurisdiction, including without limitation those concerning zoning, subdivision or land use, 01' should any court of competent jurisdiction, make the sale of the Easements herein either void 01' voidable, Grantor agrees that upon the written request of Grantee, the grant of the Easements shal1 convert to a ground lease between Grantor, as lessor, and Grantee, as lessee, (with the Exclusive Easement area being the leased premises therein, and the Access and Utility Easement area remaining a non-exclusive easement for access and utility purposes) for uses consistent with those set forth in Section 6 hereof, and containing other tenns and conditions acceptable to both palties; provided that Grantee shall not be required to obtain the consent of Grantor to enter into any sublease or license of any portion of the Exclusive Easement or to permit sublessees or licensees to utilize the Access and Utility Easement; nor shall Grantor be entitled to any additional consideration in connection with such subleases and licenses; and provided that the delivery of the consideration paid by Grantee to Grantor for the Easements at the execution of this Agreement shal1 constitute the prepayment of rent under such ground lease for an extended term of 99 years, or as long as permitted by applicable law. 21. Attorney's Fees. If there is any legal action 01' proceeding between Grantor or Grantee arising fi'om 01' based on this Agreement, the unsuccessful party to such action or proceeding shall pay to the prevailing palty all costs and expenses, including reasonable attorney's fees and disbursements incurred by such prevailing patty 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 attorney's fees and disbursements shall be included in and as a part of such judgment. 22. Entire Understanding and Amendment. This Agreement and the closing documents executed in connection therewith, constitute the entire understanding between the parties with regard to the subject matter hereof and there are no representations, inducements, conditions, or other provisions other than those expressed herein. This Agreement may not be modified, amended, altered or changed in any respect except by written agreement and signed by each of the patties hereto. 23. Zoning. To the extent any improvements, whether now or in the future existing, upon the Exclusive Easement do not meet zoning or other land-use requirements, or to the extent such improvements may otherwise have to be constmcted and/or relocated, Grantor hereby consents to the reasonable construction and/or relocation of sllch improvements to accommodate such requirements and agrees to reasonably cooperate with Grantee to create a revised legal description for the Exclusive Easement and the Access and Utility Easement. Grantor hereby Site 10: CO 1 0489-A/Rhoades 8 covenants and agrees that neither Grantor nor an affiliate of Grantor shall at anytime file an opposition to a zoning 01' land use application of Grantee or in any way publicly oppose Grantee at a zoning hearing 01' other land use proceedings in connection with the Premises and the Easements; and that Grantor shall promptly cooperate with Grantee in making application for obtaining all licenses, permits, and any other necessary approvals that may be required for Grantee's intended use of the Easements. 24. Rule Against Pel'Detuities. If the rule against perpetuities or any other rule oflaw would invalidate the Easements 01' any portion or provision hereof or would limit the time during which the Easements or any portion or provision hereof shall be effective due to the potential failure of an interest in property created herein to vest within a pal1icular time, then each such interest in property shall be effective only from the date hereof until the passing of twenty (20) years after the death of the last survivor of the members of Congress of the United States of America (including the House of Representatives and the Senate) representing the state in which the Premises is located who are serving on the date hereof, but each such interest in property shall be extinguished after such time, and all other interests in propet1y created herein and all other provisions hereof shall remain valid and effective without modification. 25. Assignment of Ground Lease. The parties hereby recognize and agree that the Premises is currently subject to that certain Lease Agreement, dated June 11,2002, originally by and between Grantor and NTCH-Colorado, Inc., a Colorado corporation, as further evidenced by that Memorandum of Lease dated June II, 2002 and recorded April 4, 2008 as Reception No. 746011, in Garfield County, Colorado, and ultimately assigned to Grantee, as amended and assigned from time to time (collectively, the "Lease"). It is the intention of the pat1ies that the interest created by this Agreement, including the Lease, shall not merge into any other interest now or hereafter held by Grantee and such interests shall remain a separate and distinct interest in the underlying real property. Grantor hereby acknowledges that there currently exists no default under the Lease and no conditions that, with the passage of time, would constitute defaults under the Lease. Grantor hereby assigns, transfers, sets over and delivers to Grantee, all of its rights, title and interests under the Lease arising or accruing on 01' after the date of this Agl'eement and Grantee hereby accepts, assumes and agrees to be bound by all the terms and conditions which are the responsibility of the landlord under the Lease. Grantor hereby releases and forever discharges Grantee fi'om all claims arising under the Lease. Grantor hereby agrees to indemnify and agrees to hold Grantee harmless with respect to any demands, claims, actions, causes of action, assessments, expenses, costs, damages, losses, and liabilities (including reasonable attorneys' fees and costs) under the Lease which relate to costs or actions first arising on 01' before the date of this Agreement. Grantee hereby agrees to indemnify and agrees to hold Grantor harmless with respect to any demands, claims, actions, causes of action, assessments, expenses, costs, damages, losses, and liabilities (including reasonable attorneys' fees and costs) under the Lease which relate to costs or actions first arising after the date of this Agreement. 26. Cure Period: Default. No pal1y to this Agreement shall be in default of the terms thereof until thitty (30) days following the date of the defaulting pat1y's receipt of notice of default from the non-defaulting palty. In the event such default is not reasonably capable of cure within such thit1y (30) day period and such defaulting party promptly and diligently pursues the cure of such default during such cure period, such cure period shall be extended for so long as Site ID: COI0489-AI Rhoades 9 the defaulting party diligently pursues such cure for a maximum of ninety (90) additional days. In no event shall Grantor be entitled to terminate this Agreement as a result of 01' remedy for any breach or default thereunder by Grantee. In the event Grantor fails to comply with the terms of this Agreement, Grantee may, in its sale and absolute discretion, cure any such default, and to the extent Grantee incurs any expenses in connection with such cure (including but not limited to the amount of any real propelty taxes Grantee pays on behalf of Grantor), Grantor agrees to promptly reimbmse Grantee for such expenses incured and hereby grants Grantee a security interest and lien in the Premises and the parent parcel in which it is located, if any, to secure Grantor's obligation to repay such amounts to Grantee. 27. Exclusivity. As part of Grantee's right to the undisturbed use and enjoyment of the Easements, Grantor shall not, at any time during the term of this Agreement (i) use 01' suffer 01' permit another person to use any podion of the Premises or any adjacent parcel ofland now 01' hereafter owned, leased 01' managed by Grantor for the uses permitted herein or other uses similar thereto, 01' (ii) grant any interest or an option to acquire any interest in any pOl1ion of the Premises that permits (either during the term of this Agreement andlor after the term hereof) any of the uses permitted under this Agreement without the prior written consent of Grantee, in Grantee's sole discretion. Grantor may not assign this Agreement 01' any rights hereunder, except in connection with conveyance of fee simple title to the Premises, without the prior written consent of Grantee, in Grantee's sale and absolute discretion. 28. Further Acts: Attorney-In-Fact. Grantor shall cooperate with Grantee in executing any documents necessary to protect Grantee's rights under this Agreement 01' Grantee's use of the Easements and to take such action as Grantee may reasonably require to effect the intent of this Agreement. Grantor hereby irrevocably appoints Grantee as Grantor's attorney-in-fact coupled with an interest to prepare, execute and deliver land-use and zoning applications that concern the towel' 01' the tower facilities, on behalf of Grantor with federal, state and local govermuental authorities. [The remainder of this page is intentionally left blank. Signatures to follow.] Site 10: CO 10489·A/Rhoades 10 IN WITNESS WHEREOF, the paliies hereto have caused this Agreement to be executed as of the dates written below. WITNESSES: GRANTOR: An "Z0l'l ~ State of€olorad& ) )ss. County of mlkl, I'r The foregoing instl'llment was acknowledged before me this aL day of £)etq,~, Ir!H 20 ill by Richard W. Rhoades, who is personally known to me or has producedf>l I \\Q LIf(%t~ as identification. Notary PUbl~ Print Name: ;pr 0 r me. D llIll'!lc1 My Commission Expires: /;11 f, l6?cl lf (NOTARY SEAL) Site 10: COl0489-AI Rhoades 11 IN WITNESS WHEREOF, the pat1ies hereto have caused this Agreement to be executed as of the dates written below. WITNESSES: GRANTOR: ,L~1"Wp Kareh S. Rho;!; State of Colorado ) )ss. County of ) The foregoing instrument was acknowledged before me this~ day of 0ecvmhvl , 20)a by Karen S. Rhoades, who is personally known to me or has producedDo.!l1 l.l~ as identification. . • (NOTARY SEAL) Site ID: C010489-A1 Rhoades 12 WITNESSES: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH GRANTEE: SBA Towers II LLC, a Florida limited liability company By:~ __'_ '_ '-__'~_ __~_ _ _~ ~· ________ _ Thomas P. Hunt Senior VP and General Counsel (\, '.-? The foregoing instrument was acknowledged before me \-'!p>.(1~, 'cl-"..1 i1 j I ,201 Z.. by Thomas P. Hunt, Senior Vice President and General Counsel of SBA Towers II LLC, a Florida limited liability company, on behalf of the company, who is personally known to me. ' .. '." \\\11111" ~\'b"l..tJ'!.Y "v?!,~ LISA M. NUCCIO {.~l -: t.:i Notary PUblic. Stale 01 Florida ,'" -.3' My Comm. Expire, No, 19 2013 ".~.., ,.,$ Com I 1 ' ~q:o'f\'i{,,' m ss on /I 00 936973 'lilllll\\ Bond d I e hfOugh N~'ional NOlafY Assn. (NOTARY SEAL) Site 10: CO lO489·A/Rhoades 13 EXHIBIT 'A' PARENT PARCEL DESCRIPTION (AS PROVIDED) All that portion of the SE Y. SE Y. of Section 4, Township 6 South, Range 93 West of the Sixth Principal Meridian, lying East of Rifle Creek and the NY:, SW '14 SW Y:, of Section 3, Township 6 South, Range 93 West of the Sixth Principal Meridian (A portion of Parcel A and all of Parcel B, Book 692, Page 753 of the Garfield County Records). EXCEPTION therefrom, a parcel of land situated in the N Y:, SW Y. SW Y. of Section 3, Township 6 South, Range 93 West of the Sixth Principal Meridian, being more particularly described as follows: Beginning of a stone found in place and properly marked for the Northwest Comer of the SW '14 SW Y. of said Section 3, thence the Southwest Corner of said Section 3 bears S 00'18'56"E 1322.12 feet; also from said Point of Beginning, the monument of the intersection of Fifth Street and Railroad Avenue in the City of Rifle, County of Garfield, State of Colorado, bears S 26'45'06" W 7351.95 feet; thence from said Point of Beghming. N 89'45'25" E along the Northerly line of said NY:, SW Y. SW Y. 1323.60 feet to a point on the Easterly line of said NY:, SW Y. SW Y.i; thence S 00'21'30" E 20.00 feet along the Easterly line of said NY:, SW '14 SW Y.i; thence S 89'45'25" W 1060.35 feet; thence S 00'18'56" E 230.00 feet; thence S 89'45'25" W 263.25 feet to a point on the Westerly line of said N Y:, SW Y.i SW '14; thence N 00' 18' 56" W along the Westerly line of said N Y:, SW '14 SW '14 250.00 feet to the Point of Beginning. ALSO EXCEPTING, a tract ofland in the SW Y. of said Section 3, Township 6 South, Range 93 West of the Sixth Principal Meridian, being more particularly described as follows: Begilllling at the Southwest Corner of said Section 3, an aluminum cap on a pipe, properly marked; thence S 89'45'08" E and along the South line of the SW '14 of said Section 3, a distance of 1332.12 feet; thence N 00' 17'21" W and along the East line of the SW Y. of said Section 3, a distance of 660.45 feet; thence S 89'45' 11" W a distance of30 feet to a point on the Westerly right-of-way line of County Road 233, said point being the True Point of Beginning; thence N 00'17'21" W and along said Westerly right-of-way line a distance of275.00 feet; thence S 89'45'12" W a distance of 499.97 feet; thence S 00' 17'00" E a distance of275.00 feet to a point on the South line of the N Y:, of the said SW Y. SW Y. of Section 3; thence N 89'45"12" E and along the South line of the NY, of the SW Y.i SW \/., of said Section 3 a distance of 500.00 feet more or less to the True Point of Beginning. Containing 47.70 acres more 01' less. Being the same property conveyed by viltue of Special Warranty Deed from Union Oil Company of Califomia, d/b/a Unocal, a Califomia corporation to Richard W. Rhoades and Karen S. Rhoades dated September 19, 1997 and recorded October 3, 1997 in Deed Book 1037, Page 31 Records of Garfield COlmty, State of Colorado. Site JD: CO I0489-AI Rhoades 14 EXHIBIT'B' EXCLUSIVE EASEMENT AREA (AS SURVEYED) Situated in the City of Rifle, County of Garfield and State of Colorado. Known as being part of the Southwest lI4 of the Southwest 1/4 of Section 3, Township 6 South, Range 93 West of the 6th Principal Meridian, being a 10,000 square foot Exclusive Easement Area over and upon a parcel of land now or formerly conveyed to Richard W. Rhoades and Karen S. Rhoades as recorded in Book 1037, Page 31 of Garfield county records and being more particularly described as follows: COMMENCIN G at the Northwest corner of the aforementioned Quarter-Quarter corner; thence SOllth 81 °27'42" East, a distance of267.06 feet to the POINT OF BEGINNING; THENCE North 89°40'29" East, a distance of 100.00 feet; THENCE South 00°19'31" East, a distance of 1 00.00 feet; THENCE South 89°40'29" West, a distance of 1 00.00 feet; THENCE North 00° 19'31" West, a distance of 1 00.00 feet to the Point of Beginning and containing 1 0,000 acres (0.2296 square feet) of land, more or less. Site ID: CO 10489-AI Rhoades 15 EXHIBIT'C' ACCESS & UTILITY EASEMENT (AS SURVEYED) Situated in the City of Rifle, County of Garfield and State of Colorado. Known as being part of the Southwest 114 of the Southwest 114 of Section 3, Township 6 South, Range 93 West of the 6th Principal Meridian, being a 329 square foot Access Easement Area over and upon a parcel of land now or formerly conveyed to Richard W. Rhoades and Karen S. Rhoades as recorded in Book 1037, Page 31 of Garfield county records and being more palticularly described as follows: COMMENCING at the Northwest cornel' of the aforementioned Quarter-Quarter cornel'; thence South 81 °27'42" East, a distance of 267.06 feet; thence North 89°40'29" East, a distance of 21.91 feet to the POINT OF BEGINNING; THENCE North 46°53'41" West, a distance of 17.79 feet; THENCE North 02°00'51" East, a distance of 8.52 feet; THENCE North 89°45'25" East, a distance of 12.01 feet; THENCE South 02°00'51" West, a distance of3.54 feet; THENCE South 46°53'41" East, a distance of25.01 feet; THENCE South 89°40'29" West, a distance of 17.46 feet to the Point of Beginning and containing 329 acres (0.0076 square feet) of land, more or less. UTILITY EASEMENT (AS SURVEYED) Situated in the City of Rifle, County of Garfield and State of Colorado. Known as being part of the Southwest 114 of the Southwest 1/4 of Section 3, Township 6 South, Range 93 West of the 6th Principal Meridian, being a 329 square foot Utility Easement Area over and upon a parcel of land now or formerly conveyed to Richard W. Rhoades and Karen S. Rhoades as recorded in Book 1037, Page 31 of Garfield county records and being more particularly described as follows: COMMENCING at the Northwest cornel' of the aforementioned Quarter-Quarter cornel'; thence South 81 °27'42" East, a distance of267.06 feet; thence NOlth 89°40'29" East, a distance of 74.51 feet to the POINT OF BEGINNING; THENCE North 00°43'23" East, a distance of20.65 feet; THENCE NOlth 89°45'25" East, a distance of 5.00 feet; THENCE South 00°43'23" West, a distance of20.65 feet; THENCE South 89°40'29" West, a distance of 5.00 feet to the Point of Beginning and containing 103 acres (0.0024 square feet) ofland, more or less. Site ID: CO I0489-AJ Rhoades 16 EXHIBIT "D" SURVEY [Final signed survey is attached.] Site ID: COI0489-AI Rhoades 17 -", , <-,~", ( " \"f..) EXCLUSIVE EASEMENT AREA (AS SURVEYED) Siluoted l~ 11'10 City of Rille. County of Garfield and Stcte 01 CoIQfOdo. Known~, brAn9 ~ of tnc Soutl\lIft'd t/4 of tha Souttlwo::t 1/4 of Section J. TOWMhip 6 South, Ranqe 9J Wdt of tho 8th Prln~Q! "'cri6r:in. being 0 10,000 ::quare foot Elcdu=ive E~t Aroa ow:r one:! uJlOI1 0 ~or<:d of land now or forrn<ll'ly con~ to Ricllard W. RhGodc:: cnd Koren S. Rhoodo:: 0: t«:Ot'ded in 8001< 10J7, Poqe 31 01 GcrlI.:ld lXlunty r«O'd:I CII4 king more portiallorly dc::eribod (IS rotlo\l:l:: COI.II4ENONG crt the NO!'thwo::t (X)I'1MlI" of ttl" olor«nontiCllled Qucrtor-Quorter carn.r, ther1o:' SCluth al'Zr42R Em. a O:,;tance of 267.0& f~ to the rofH Cf SEGlNNtlG; ~a:: North 89'4(1'29" &%:t, 0 di~mco of 100.ao feet; lliENCE So~th 00"19'3'" Ea::t. 0 di:tol\ec of 100.00 feet; lHENct So~th 89'4()'zgR Wet. Q dC:tor« of 100..00 fooet THENCE Hortll 00'9'3'" Wc::::t. 0 6::ton\::e of 100.00 /oct to tho ~t of Saqint\1nq CI1d eonUlinillg 10,000 oo:re (0.2195 ,qLIDI'<I f~) oflcnd. more or Ie=. ACCESS EASEMENT (AS SURVEYED) SituotO!d in the City of FUfte. Coc.lty of Gt:Ir1ieId and st(Jte of CoIOfOQ'o. Known O~ b<Mcj port of the So~tIIw(r2t '/4 of tho Sout.tIwoot 1/4 of Soction J, TOW!'I!f1ip 6 Sooth. Ran9" 9J Woot of tho 5th Prineip(ll Ikrkfcn. beimJ 0 329 :lqlJCfe foot ~ Easement Area over ond upon a parcel of land _ or fQl'rT\Cr'ly eonvt)'l'ld \a RIcha'd W. Rhood<!~ (110' Kcr«I S. RhoodC!! en reearc!ed in Bock 1037. ~e 31 01 ClTfick! ~n\y ~O:Ord:I <IIld ~n9 mare porlicuIar1y described c:J faUQW:I: CCtdtJ:[NC!Nti ot the NorthVot:lt comer of the ofOl'!:mentiClled I),jcrtcr-Quarter corner: thence Sooth 61"27'42" E~t. a di:rtorlce of 267,06 feet; tI\ctIec North 00'40"29" ~t. 0 di~toncc of 21.91 feet to tile POINT OF BEClNNINC: 1l-IENCE North 46'S.:!""-I" Wc::t, 0 dl'3tGl'ICe of 17,7<3 fOOlt: ~ENCE North 02'00'51" Ea::t. a ~e<: of aS2 fel'll; THENCE North 89"45'25" Eoct. 0 dl.rloncc of 12.01 feet; lHENCE Soum 021lO'51" West. 0 di:ltgnce of 3.54 foct; THENCf ScJuth ~'33'41" Ecct. 0 dI;tonoe of 25.01 (GClt; l'rlGlCE Sou:h 89'~"29" \fe"'..t. 0 d~OI\efl of 17,46 feet to tile PoiM ot Segming and contoil1ing 329 cae:': (1).0076 "'IUClr~ fOOlt) of Iond. n\(r'OI QI" Ie=. UTILITY EASEMENT (AS SURVEYED) Situate.:: in the Ci:y of Rille, County of GClrflcld end stote of CoIQI'lIdo. Kno¥m o~ being port of the Sculhwl!:;JI 1/"'1 of the Sauthwo:rt 1/4 of Secl;iQn J. TaWMhip 6 South. Renqe 93 We:t 01 tne Stn Pril'>Cipcll loI~tidic~, boeing 0 329 ~/n: (oat Ut.1ity ~t At~ oYIlt and U'por! 0 ~at'Q)! af 1M(! flOw or lorrTlG'ly COI1~ycd to Richord W. R~ood= end K<lfCI'1 S. ~oode:: a:: rCQ)l'dOl! in Sod!. tOll. Poge Jl of Garf'ockI county record~ ond bein9 moro ~arly de:x:ribcd 1m follow~ COf.llolENCiNC ot the Nctth .. mt COI'11CIr Gf the ofororTlCl\tioned Ouorter-Ouorter ~ II'ImCfl South 61'27"42" Eo:t. 0 di:toroQe of 267.06 feat: then<::e North gg'4lI'2g" Eo=t, 0 di:tor\ee of 7<:,51 feet to tI'Ie POINT Of SEQNNING: THENCE North OO'4J'2r East. a di:tance of 20.65 feet TI-IENCE NOrth 89'45'25" Emt. a <:!!3tclrlce 01 5.00 Iert THENCE South OO·4J'2.1" We:Jt, 0 di3ta>ee of 20.55 Iccl: ntENCE Soutl> 89'4(l'29" ~ 0 dbtulce of 5.00 feet to ~c f>oiM (If 6e9i1l'1in<; and CO/1t ... ing 10.:5 = (0.0024 :square f!JOt) of klnd, mllrc or Ie:;:;. BASIS OF BEARING: The mcridiO'l for 011 ~nqs :m0Wl'l hereon j, \he f~3t-We:lt Oucrter Section U~ of Seclien l. ..-hid! boer-:: S 89-45'25" 'N per Soot 10000, Pag<! 31 of Garl'tdO Caurlty rocorch. FLOOD ZONE: By $C010CI ITIO~ 10OQtio~ OI1d qrophc pIottin~ only, '!he ~bjad: Jropc:rty ClppOCJr.: tc lie arlti"dy ill Zcr.IJ (Cj (~ .,f mnimql nCIQdioq) QCCGtdtr\~ t., the: Flood In~onc:c Rat" Wop lor the Coonty .,/Gorfi~ld, Com!TlUl1ity ?one! No. 08020513528, EffectIvo Oate JOI\U(r)' l. 1965. PARENT PARCEL DESCRIPTION (AS PROVIDED) AD thIlt portlon 01 the so: " SE: X of Sod/on 4, TowMtllp 6 South. Rcr.qe 93 We:lt of tI1e Sbrth ~a! I.1oridicm, l,mg [a~ cf RiI\Q Crook. ar.d tho N )\ SW ); SW 12 of S<Jctior1 l. TOWIl.'Ihip Ii Soutll. Rmgo 93 Woot 01 tho! Sbcth P11n~ Mc:rIdbI CA pcrtlot\ of PCl~ A (JIId all of ~ B, BacIr. 692, Po]e 753 of tho Garfick1 Cklnty RC!Ca'd::I). EXCEPl1()( ttl<:rei1'OOl, a pct'Cd 01 !GM! ~~ In the N * SI/)Ii SW l' of Scc:t)on J, TO¥<mI1ip 6 South, Ron9C 5l Wet of the Six\:tI ?rinci~ lWlc!lan, bcirlg more particularly dexrbod tIS f<J1Ior.: 9cglnning of a ~tar.o: found in pt= oM pr~y II'oC"kco;I for the' ~nwet Comer of tho SW ): SW " of :raid SactIon l. thanco tho ScuIll_a:It Comar' of :Kid Soction J boor.! S 01)'18"56"t 1322.12 root; ot:lo frllm :::a!d Point of Boc;'nning. tho monumc.ot of tI1" in~icn <II' Fifth S~t Gr'HI Rall'llCd A'l'ClnUQ in thG C'ot)' of RIfle, Cocanty of Ganldcl, StGtc of CdQl'ado. boar:! S :ztj'+$t!e" W 7351.95 fcot: therlee frtlm =cid PI;lbt of Bcginnlnq. /of 39'45'25-[ oknQ 1he Northor1y rlllo al:;(Jili N l!i SW ltl SW \tl132l.60 (~ to 0 ~t 01'1 tho £Dstfl1y liner of ~old N }i $VI X SW" 14: IhenIXl S OO'21'JO' E 2!l.OO f""t """''I til.. Eo=ter1y Ille of ~ N 12 StI J( sw )4; tIlenee S 89'<4S'2S~ W 1060.35 foct: tIlcnc:c S 00'18'56-E 230.00 foat: lhcnlXl S 89'-45'25" '/II 263.25 (oct to 0 poilt on the Wc::ta1y !ine of :::oicI N l!i Sf( j( Sf! iii: thel1C~ ~ 00'18'56" W oIong tho We3ter\y 1iDe: of _ 1'1 J!; SW X S/I ~ 250,00 foct to tile Point 01 Bcqi'lllin9. ALSO EXCtPTlI«>, 0 !.roe!: of IcId in l!Ie SW X of :::aid soeUon J. T~ip 6 South, R~ gJ W«It of ~ Si>:tj, Principal Moridkn, bcirJg more ~ <:!~ = follow:';; CERTIFICATION: ~' ~ ~ '-,-)W. v~.: &glM"'g ot tile Swthwc=t Cotner of :Dc! S:cIion J, m a_lnum cop on g pipo, pro~y m(u'ke<f; thence S 89'-45'00# E tile! eking tne Scuth li~ of the Sfi 1\ of:lcid Screti<Jn J, 0 di:t(lllCO of lJ:52.12 I'aat: tIleneo II 00'17'21" W Ind ~9 the Ec:It !lroo of tile SW X <If :lClid ScetIon 3, 0 dl:rtcnce 01 sro.4S !OOIt: thcnc;e S 89'45'11" W 0 dbtcngo of 30 feet 10 0 paint an tIlo W.~t«ly rio;Iht-of_oy tin. of County Rood m :IOid pei!1t 1:0....., tho Truo Poinl of ~h;: tn.:!Ke N 00'17'21" W and olon~ lIIIid Weata1y ri1It-of-w<oy II .... " <ll::tmcc af 275.00 fOClt IhecIos S !l9'45'12" W a di:rt~ 01 499.97 feet; lI'>orIa: S oo'1'roo" E a d'..tateo of 275.00 feet t<J a point on tho Scull! lirle of tho N ~ of the ~OOS SW X Sf( X of SoeticIn l: thence N 8'9'4512" £ Or>i:l dong tho South liM of tho N J!; of tho S/I JIi sw \tl of !laid Soction J 0 di~ of 500.00 feol monI or 10= to tha Truo PO"'t of S ....... inq. I. Jcrnc:l M. iIIcNeoIy, f'lS, 0 Colorado Stotc ~ccI ?rofCliorlOI Lond SYrvo)Of', Lieen~ No. PLS-ZOS92. herebyetf'tlfy t<J S8A Towcr:I II ll.C (lid Common~th Titloe Com>KVIY of Gorficld County, Inc. the fClllawing: Contoining 47.70 0CI'e:: mOl'Cl ar 1c::::L Be~ til<! ~Q prtIporty COCMIJOld by Wble of $pocio! WOIT1lnty 0e!1C! Iram Unian oa Comp<lny 01 CoIllamiQ. d/b/a UnoooI. 0 Cd!fomlcl o:lrporGtlOi'\ IQ R'~ W_ RI\<Jodo9 0!Id KIIfl)n S. Rhocnle. doted $ep1Mlba' 19, 1991 ",d ~ (lctCJber J. 1997 In Deed 600k l(l37, ?<J9I! 31 Record~ 01 Ca11a1d CoLOlty. State of COlorodo. LotitOOc <Jnd LD~~jlllde I!l;lIIies far tnc canter of the Ilbovo-fefero'lcod tower ere ~COJl'Ote to within -t/-15 fOl>' ho:'I:zontoUy. Qnd that tho following tow«' :lite e'IM:I!:ion i~ occul1lte to within -t/-3 f\!CIt >'eI'l.1o:cty: HORIZONTAl. DA ruM: NADa3 umuoE NORTH 19" 3.3' I).I.S LONGITUilf WEST 107' 45' 1"'1,0' VERTICAL O,.l,'Il.JM; )lA\ID 88 Thi:/"-lrvt)'Ol' I'Ia:! received orld rc:vtcwod that o:rtoIn TJtlo COIftnitmcnt No. t211042 i:l:Iucd by Commcnweclth TItle CompCJ'ly at Garfield County, Inc. wit!> on offectillC dele of NO'O'Ql'nMr 12., 2012 which 1"'e~ to in::tl~ rile land!:: ~ under ie Schedi.lle A. Thi:/~ mow:!! of lIi~ owtl krlowIedqe tbot the lancb dcxrlbed I,II'1der !)!lid Sehe<klle A of tile Title Commltmont eotltoin or inelude tho Iorld:l do:!Cl1bec! III end dqlfct<Jd o~ this :II.I~, Thill !IUNCI)'OI" lurtncr kM'r.I 01 nil: e ..... kMwlcdge tI'!ot tM M!IeI'I'l1!:l'lb oS rocord OM ldo:ntlfled U/'Idef ~e 8-2 01 :lOid ~Q Ccmmitm..,t ""QJr'IIbcr' tt\(J lond5 dIs='Ibe;:l en this ~, but :aicI ~t, W111 oot interfero 1Jj1tl t~e lacction of 1M iralred Iold:, indudlll9 the cxduslVl: ~t oree on~ OIly and 011 c=. ~Uity 0I'Id 9lY wire eo=nent pon:e!::. ~ f.I, lkN~y, PLS ode Profmion~ ~ Sum:yor NIl, PlS-2C692 or 0'1<1 on bchcll oS MiUmon SuMl)in9, 1rlCDote of SI.nooy: 12/J/12 '"' \•:••I _~ ..~....n o.f:L J~ ~ "~"''''AE:l..k··:f.,. ~i~ ~~~ _~::!i 20692 ~: ~... ""ice ~."... ..lS ~Ol"-"""-~ "Am~' Note: Thi~ ~I"<OY dc<l~ not (~t 0 boundary ""'"'"'Y af the paTant ~ ENCROACHMENTS: At 1!Ie tima of ~ there II'eI'() no ";::blo enCtOOc:!tment:: onto or !X:)'Cnd tile 1I~j<:cl. property. AS-BUILT SURVEY OU1c-.."1Aoac!%l:I 1t1!Il.00,8'165O millman Corporate Headquarters ,742 Georgetown Road, Su~ H Huc:lson. OH 44Z36 Phone: 800.520-10iO www.mdlmansurveying.com DnIwI'I &t: APe P!'O$ICt~SP 0lIt0. 'm1t12 .... , ~od: JMM Shoot 101'3 [SBAm) SEIA~~~ :lQOC) Otoi<on SoI,rcj Pa1oIoar ~ SIte ItuC01048S-A ~ Nllmc: AHOAOES National Land Services MSI Pro\(J(;1No. 28277 i90CARlIt .... 1'l33Cf17 ~ ~~ 1--....... 'I' ,,'<' -i.--._' ., ..... .J J '\' : \ \ V'v Now 0<' Formerly: R.ld'I~rd W &. K~rcn S RI'Io::I'*=' !.look 1037 P~Jl Ai>N: 2177·033--00-012 • 20' 1 INCti --2bQ:"r. GRAPHIC SCAL.e Water Tank Lane Ncm or Formerly: Rlch.lrd W &; Kilrcn S Rt1~ Book 1037 P::l"e 31 APN; 2177-<)33-00-012 ... Corporate Headquarters Omwn By:. APB 1742 Georgetown Road, Suite H 0$0: 12r'27n2 HIJdoon. OH 44236 Phone: 800-520-1010 Chockod: JMM ');0' WWrmoio ~t---+i Book Sl5. M M -<0'I;,: ClI~ O. o:::~ I'IOiGO Mtln:lcOr: S[> SalIo: 1'~2OO' snoot. 2013 ~ ~ >" 'E~ :::l o t.> rss-AmJ so,o,Ho!wO<lt_""" :5900 ~ Souf'ld P~fWJ AS-BUILTSUfNEY I ell ~,,~co,::~::'""_ !n! La!!!!! www.millmansurvevinq.oom MSI Pfoioct No. 2'8tT7 Soo AnIon, "L 3!JMf1 \~ "'-. , '$ ,--f>J' I N<Jrtllwct Comer. !i«tiOl1 .:5, fOrNflship 6 5«tth. Rr;J(}C 9'} IV«:t ~ -'" ~§ ~~ ,.;t,i C" ~ South"",,,t Ccm-=-r. Sc:rcoOn .:5, T~shIp S Souft>. R(fr'Ig<J 9J Wc;t ~,.,.,.. 0 '? I I~QoI • __ 21.91; ¥-" C''''''·, P.o.a E 100.00' P.oJI. ~ P .0.3. U!U1Y EASEltM ~. Coocrota Ped ACC(SS EASD.COO (fewer tqo.rlpment) 2.0.!!' Now or Formerly: City ofR-me 80<01(4191 Pl:Jge49 APN: .21n-Q33-OO..004 ~ § ;::;: • : : ----~~ I If': I'!l vESTED IN: 1 r Richard W. Rhoades & Karen S. Rhj" es : Book 1037 Page 31 : @APN: 2177-033-00-012 . "" .. J " 1?"\1 i IAlter o! Exbtlnq----tS:..L.I ~ : McrIOpcWO: TOW«" r:J I N :l9"3J'04,!S" : W 10,,,,"4.0' r---~, \,, H";qht-19f>..( , -c.._ : EXCtUSlV£ EASE'MEtH : to.ooo Square Feet ~e.s o.zM N::nJ3 -----i--21 . "L::.. IJnI: r.,-,c;~ -~-. "'I J....strcnd BCJbcd-w1l'e S 89"4Il'29" 'It Now or Formcrty: RIC/\,lrd W &. KlIret'I S Rn~cs BoOk 1037 ~ 31 APN; 2177-0:13-00-012 100.00" § ~ S 8. COrpor3.te HeaClquarters Now or Formcr1y: R".::I'I,),"" W & K:lrcn S~:.dc:; ~ok 1037 P39'" 31 APN: 2177-<133-00-012 -1-l-~ c.m.-. South~ Qr.nrrter (f/4.), SoiJllrw=:t Quorter (rj4-) Sct:(/Qn .l Toom::ll,p 6 SCutJr. Range 9J ~ ---L I SYMBOL LEGEND R/'H P.O.S. P.o.c. • @-Right-of-W<ly -PlacejPoint of Bcginnng -Place/Point of CommencemCllt -MQnumentation Found os Note-a -Mo~II()le I'!l -Electric CObinetjPonci -x--F~ (As Notod) Dmwn By: APB ProjOct ~r. S? <0 1742 GeorgetOwn Road, Suite H 0{It0: 121271'12 ScD/a: 1"-20' [SBAm) 20FT. Hudson. OH 44236 I A&BUILT SURm .. ~,,~::::::~s I! !elL l a!!!!! GRAPHIC SCALE Pnone: 800-520-1010 ChCIckod: JMM Shoot :lor3 saAN!OIwOfI<$orvIcac:.lIIt. ~a.-So ...... P-..,.1oN'I www.miUm.3flslJrveyin~.com II1SI ProIOCl NO. 2827T Bo<;.o limon. A-J3487 " 'J '. I 1 ,I 1 I ' ; ! COMMITMENT FOR TITLE INSURANRECElVED SCHEDULE A FHe No. 0710086 I. EfIecth'e Date: Odob~r 12, 2007 at 7:59 AM 2. Policy or Policies to be issued: <a) ALTA OWNER POLlCY(AL TA 6-17-06) , , ' Proposed Insured: SBA Towers n, LLC a Florida HmIted liability company (b) ALTA LOAN POLICY (ALTA 6-17'()6) Proposed Insured: JUN 1 9 2013 GARFIELD COUNTY aUKOING & PLANNING $250.000.00 3. The Estate or interest in the land descnbcd ort.fened to in the CommiUnent and covered herein is 'Fee Simple and , is at !he effective date hereof vested in: Rl~hatd W. R:hoadeS aDd Karen S. Rhoades 4; The larid ref~Ited tom this Commitinent is situated in !he County of Garfield. State of Colorado and "described as rol,lows: , , See Attached ElIhIblt "A" TITLE CliARGES Owner'. Policy Standard Coverage Tax Certificate ALTA 13 . $785.00 15.00 0.00 G~" G-~l' , -COUNTERSIGNED: -\-_~-.-J~-\~=.!J._ -::--:----::-::-:=--~-;----:-____ _ , Authorized Officer or Agent AmeriCan Land Titie Association Schedule A (Rev'd 6-06) ,-.-'", sb Valid Only if Schedule B and Cover Arc Attached Issuing Ag..., Commonwealth Title Company ofOar.Q!31d County, rnc. 121 East Sth Street Rifle. CO 81Kso -, " . . ' .' 'j , RoportDate: 10126;2007 03:37PM GARFIELD COUNTY TREASURER CERTIFICATE'OF TAXES DUE Page: 1 CERT iI: 200700&288 SCHEDULE NO: R042327 ASSESSED TO: RHOADES, RICHARD' W. & KAREN S. PO BOX 605 RIFlE, CO 81650·0605 LEGAL DESCRIPTION: ORDER NO: 0710086 VENDOR NO: 2' , COMMONWEALTH TITlE P.O. BOX 127 127 EAST 5TH STREET RIFLE, CO 81650 SECT,TWN,RNG:3-6-93 DESC: lOT 2 RHOADES SUBDNISION EXEMPTION CONT 41 ,376AC. PRE:R210040 BK:0554 PG:0146 BK:04~7 F'G:0549 8K:0426 PG:0464 81<:1.763 PG:390 RECPT:690295 BK:1703 PG:8Bl , RECPT:6n527 BK:I495 PG:415 RECPT:632248 BI<:1471 PG:20g RECPT:827610 BK:1471 PG:207 RECPT:627608' ~K:1462 PG:660 RECPT:626050 BK:1376 PG:218 RECPT:608482 BK:1172 PG:657 RECPT:559220 BK:0832 PG:0651 BI<:0631 PG:Ol02 BK:0630 PG:0425 BK:0815 PG:0485 BK:0614 PG:0746 pARCEL: 217]'()33-oo-012 SITUS ADD; 000447233 COUNTY RDRIFLE ' TAX YEAR CHARGE TAX AMOUNT INTEREST FEE:SPAlO 2006 TAX, 1,034.04 10,34 0,00 1,044.38 TOTAL TAXES TOTAL DUE 0.00 0.00 GRAND TOTA~ DUE AS OF 10/2612007: 0.00 ORIGINAL TAX BlLUNG FOR 2006 TAX DISTRICT 021 ·2Hc·RF Autholity MiD Levy Amount ValuDS GARFIELD. COUNTY 5.425 122.75AGRICULTURAL , 'RIFLE&RURALFIRE 6.284 142.20 AGRiCULTURAL Actual 12,420 238,890' Assessed 3.610 19,020 'COLO RIVER WATER CONS 0.221· 5.00 SILT WATER CONS , 0.904 20.46 "TOTAL GRAND RIVER HOSPITAL 4.924' 111.43 SCHOOL DISTRICT RE·2 7.872 178.15 • COLORADO MTN COLLEGE 3.997 90.45 GARFIELD ROAD & BRIDGE 3.700 83.73 GARFIELD HUMAN SERVICES 0.930 21.05 GARFIELD CAP'EXPEND 3.600' 81.47 SCHOOL DISTRICT RE-2 BOND 7.060 159.n RIFLE & RURAL FIRE BOND . 0.104 2.35 GRAND RIVER HOSPITAL BOND 0.673 15.23 , TAXES FOR 2006 • CnodHLevy , FEE FOR THIS CERTIFICATE 45.694" .1.034.04 10.00 251,310 22.630 'ALL TAX 'LIEN SALE AMOUNTS ARE SUBJECT To CHANGE DuE TO ENDORSEMENT OF CURREIfTTAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAiNT WARRANT FeES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WlLL'NEED TO BE, COIfTACTED PRIOR TO REMITTANCE AFTER THE FOllOWING DAlES: PERSONAL PROPERTY AND MOBILE HOMES· SEPTEMBER 1. 2007, " REAl PROPERTY. OCTOBER 1. 2OG7TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. ' SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY ClERK. OR THE COUNTY ASSESSOR. ThiSi certificate does not Incklde land or impr6vements assessed under a separate account number, persanal property taxes, -. transfer faJ( or mJsc. tax collected on behaJfot other enHtles. special or focal improvement di~ assessments or mo~t'te hames, unle~ specifically mentio~ed. . . .' . . . '.' I. the undersigned, do hereby certify that the entfre amounl of taxes due'upon the above degcrl~d pareaEs of real property and all outstandIng sales for unpaid taxes 8S shown by tho records In my office from whlchl same may till be re;deemed with the amount requlAJd for I'fIdemption are ~ noted h~~. In witness whereof. I haVe hereuntf 58 y hand ~n . eal this 26th day of October, 2007. TREASURER, GARFIELD COUNTY, GEORGIA CHAMBERLAIN, B , P. O. Box 1069 'Glenwood Springs, CO 81602·1069 , (970) 945-6382 ' ... _.-...• _-_.-.•... _._._ .•.. -.-.. -. ---------------------------------------\ " " SitelD: C010489-A-02 Site Name: Rhoades ~:~~::~:::~~me: B CEIVED JUN 1 9 2013 AMENDMENT TO ANTENNA COLLOCATION LEASE AND MICROWAVE SHARING AGREEMENT MULTIPLE SITES GARFIELD COUNTY BUILDING & PLANNING THIS AMENDMENT TO ANTENNA COLLOCATION LEASE AND MICROWAVE SHARING AG,]!EMfNT MULTIPLE SITES (hereinafter 'Amendment") is made as of the :!:i.P. day of ~ , ,2013, by and between SBA TOWERS" LLC, a Florida limited liability company (herein fter "Lessor") and ALAMOSA PROPERTIES, L.P., a Texas limited partnership (hereinafter "Lessee") (each referred to hereinafter as a "Party" and collectively referred to as the "Parties"). WHEREAS, NTCH-Colorado, Inc., a Texas corporation and Lessee entered into an Antenna Collocation Lease and Microwave Sharing Agreement Multiple Sites as dated September 1, 2005 and as last executed on January 3, 2006 (the "Agreement') pursuant to which Lessee leases a portion of the tower site located at 04-47 County Road 233, Rifle, CO 81650; and WHEREAS, on November 1, 2011 the Parties entered into that certain Omnibus Agreement which, among other things, amended certain terms of the Agreement, and which was subsequently amended on December 16,2011 (collectively, the 'Omnibus Agreement"); and WHEREAS, NTCH-Colorado, Inc_ and Lessor entered into an Assignment and Assumption Agreement dated December 26,2007; and WHEREAS, Lessor and Lessee desire and intend to amend and supplement the Agreement as provided herein_ . NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto covenant, agree and bind themselves to the following modifications to the Agreement: 1_ Paragraph 5(a) of the Agreement is hereby amended to Increase Lessee's rent as follows: The current monthly rent shall be increased by Four Hundred Fifty and 001100 Dollars ($450.00) effective upon the date Lessee commences installation of its amended equipment. Rent, including any and all Rent increases, will be escalated In accordance with the Omnibus Agreement. 2. Lessee Facilities as defined in Paragraph 7(a) of the Agreement are hereby amended in accordance with Item 4 below. 3. Paragraph 21(d) of the Agreement is hereby amended to reflect Lessor's current notice and rental payment addresses and Lessee's current notice and with a copy to addresses as follows: LESSOR'S NOTICE ADDRESS: SBA Towers II LLC 5900 Broken Sound Parkway N.w. 2'" Floor . Boca Raton, Florida 33487-2797 Altn: Site Administration RE: C010489-A-021 Rhoades LESSEE'S NOTICE ADDRESS. Sprint!Nextel Property Services Mailstop: KSOPHT0101-Z2650 6391 Sprint Parkway Overland Park, KS 66251-2650 Sprint. Neldal ApMl2,2013 Amend. 3 PAYMENT ADDRESS: SBA Towers II LLC P.O. Box 933730 Atlanta, GA 31193-3730 Attn: Accounts Receivable RE: C010489-A-021 Rhoades WITH A MANDATORY COPY TO: Sprint! Nextel Law Department Mailstop: KSOPHT0101-Z2020 6391 Sprint Parkway Overland Park, KS 66251-2020 Attn: Real Estate Attorney -------------------------. Site 10: C010489·A·02 Lessee Site 10: OE05AL545 Site Name: Rhoades Lessee Site Name: Alamosa 4. Exhibit B -Legal Description of Premises, Illustration of Lessee Facilities atlached to the Agreement is hereby deleted in its entirety and replaced with Exhibit B -Lessee Facilities List attached hereto and a part of the Agreement. 5. The Parties acknowledge and agree that the intent of this Amendment is solely to amend certain terms of the Agreement and, in no way, does this Amendmentamend the Omnibus Agreement. 6. Capitalized terms not defined in this Amendment will have the meaning ascribed to such terms in the Agreement. 7. This Amendment will be governed by and construed and enforced In accordance with the laws of the state in which the Premises are located without regard to principles of conflicts of law. 8. Except as specifically set forth in this Amendment, the Agreement is otherwise unmodified and remains in full force and effect and is hereby ratified and reaffirmed. In the event of any inconsistencies between the Agreement and this Amendment, the terms ofthis Amendment shall take precedence. 9. This Amendment shall be effective as of the date last executed by both parties. IN WITNESS WHEREOF, Lessor and Lessee have executed this Amendment to Antenna Collocation Lease and Microwave Sharing Agreement Multiple Sites as of the date and year first above written. Signed and acknowledged in the presence of: _N~g ~mN'm.~~ 7 STATE OF FLORIDA } } COUNTY OF PALM BEACH } LESSOR: SBA TOWERS II LLC, a Flori a limited liabilit Jason Silberstein Senior Vice President, Property Management Date: y.. Z(j, ·11 BEFORE ME, a Notary Public of the aforesaid State and County, personally appeared Jason Silberstein, to me personally known (or proved by sufficient evidence) who, being by me duly sworn (or affirmed) did say that he is the Senior Vice President, Property Management of SBA Towers II LLC, a Florida limited liability company described herein and that the instrument was signed on behalf of the Company, by authority of the Company and that he acknowledged this instrument to be the free act and deed of the Company. WITNESS MY HAND and Notarial Seal on this Sprint. Nextel Apn12,2013 \'-Q)-;''''~-ANGELAGAVAGNI .. ~.~ Commission # EE 203473 i'; . ExpIres May30,2016 ~, BondtdTMITII11FlMInsl,rWar.»385-1Q19 .,......!~~~. :,..::;,;;;;,;;;.-----Amend. 3 Site 10: C010489-A-02 Site Name: Rhoades Signed and acknowledged In the OM?ti°/;'p ~w~:cr Print Name: -P6 LSTATE OF I~{;, ) COUNTY OF Jo~ { Lessee Site 10: OE05AL545 Lessee Site Name: Alamosa LESSEE: ALAMOSA PROPERTIES, L,P" a Texas limited partnership By:~2/~~ Name: Uattt:tew Bell Title: Manager Real Estate Date: ____ -,--__ .,-__ _ Y />3/?-vfS Public of the aforesaid State and County, personally appeared -.--J~~~~L<I...~~1f1-::-:;;--,,:;-·to me personally known (or p ved by sufficient evidence) who, being by me uly sworn (or affirmed) did say that he/she Is the _ f Alamosa Properties, L.P,. a Texas limited partnership described herein and that th ' strument was signed on behalf of the Partnership, by authority of the Partnership and that he/she acknowledged this instrument to be the free act and deed of the Partnership, WITNESS MY HAND and Notarial Seal on this I ... ALLISON ~lFflN Notary Public. st.ats of KI8nS8S My~intmwu ExP res ~ . .3:2-')P13 Sprint. Nextel Apn12,2013 Amend. 3 ~rJ Of--L,O"'-FlfF-L.u.;l ___ , 2013, {Itt:. '--Notary Public ~ SitelD: C010489-A-<J2 Site Name: Rhoades EXHIBITB LESSEE FACILITIES LIST Lessee Site 10: OE05AL545 Lessee Site Name: Alamosa Equipment must be Installed, routed and stacked pursuant to the GOP Group Structural Analysis dated January 31,2013. Antennas: Quantity: Type: Manufacturer: Model: Dimensions: Weight: Mounting: Base of the antenna: Centerline of the antenna: Tip of the antenna: Orientation: Downtilt: Mount Type: Cable: Number of Lines: Type: Size: Dishes: Quantity: Manufacturer: Model: DimensionsiW eight: Mounting: Mount Type: Cable: Num ber of Lines: Type: Size: Outdoor Units (OOUs): Quantity: Manufacturer/Model: DimensionsiW eight: Mounting: Remote Radio Heads (RRHs): Quantity: Manufacturer: Model: Dimensions: Weight: Mounting: GPS Receivers: Three (3) Total One (1) Panel RFS APXV9ERR18-C 72" x 11,8" x 7,9" 621bs, Two (2) Panel KMW ET-X-TS-70-15-62-18-IR 73,8" x 11,8" x 5,9" 41,Qlbs, At approximately the 192' height level, At approximately the 195' height level, and At approximately the 198' height level. -'" -"' -" " Pipe Mount, per Structural Analysis Three (3) Hybrid Fiber 1.25" Two (2) Total One(1) One (1) Andrew Andrew PF4-57W -NXA P2F-57W -NXA 4' /104Ibs. 2'/18Ibs. At approx.59' At approx, 1 02' Pipe Mount, per Structural Analysis Two (2) Coax 5/8" Two (2) Dragonwave/Horizon Compact Plus 4" x 8.7" x 9,6" /7,5 Ibs, Behind Lessee's dishes Six (6) Total Three (3) Samsung 310 RRHP4 23,8" x 13,78" x 8.95" 59.5Ibs, With Lessee's antennas N/A Three (3) Sam sung MBSRRHC2A 23,69" x 15.75" x 6,73" 55,12Ibs, With Lessee's antennas Tower Mounted Amplifiers: (TMAs) N/A Ground Space Requirements: Lessee provided Shelter/pad: Dimensions: Type: Sprint. Nextel Aprll2,2013 Amend,3 Approximately 200 square feet (10' x 20') 4'6"x8' Concrete pad Site 10: C010489-A-02 Site Name: Rhoades Transmitters: Transmitter Cabinets: Frequencies: N/A N/A Transmit: Receive: ERP: N/A Transmitter Operating Power: N/A Generator: N/A Sponl. Nextel April 2, 2013 Amend. 3 Le •• ee SttelD: DE05AL545 Lessee Site Name: Alamosa 851-869,935.940,1930-1996,2496-2690 MHz 806-824,896-901,1850-1915,2496-2690 MHz [SBA 1)))