HomeMy WebLinkAbout2.0 NTC Letter 08.09.2013August 9, 2013
Attention: Matthew Fillmore
JAB Wireless DBA Skybeam
619 14th Street SW
Loveland, CO 80537
Garfield County
RE: Richard and Karen Rhoades — Amendments to an Approved Land Use Change
Permit (LPPA 7648)
Dear Matthew,
I am writing this letter regarding the Richard and Karen Rhoades application for an amendment
to a Land Use Change Permit. At this time the application does not include all required
information per Garfield County Regulations. The application is therefore deemed technically
incomplete and the community Development Department will not process this application any
further until the following information, listed below, has been provided to the satisfaction of this
office. Please address the following items and submit three copies of the modified information to
this office so that we may continue the review of this application:
LUDC 4 -106 Amendments to an Approved Land Use Change Permit
General Submittal Requirements
Application Form: The application form is filled out incorrectly. The Applicant is the land owner
and JAB is the representative. Correct this form and resubmit it:
Ownership: There is no proof of ownership included in the application. A copy of the Deed
recorded at Reception No. 344613 needs to be included and can be obtained from the County
Clerk and Recorder's Office.
Authorizations:
▪ Statement of Authority: Please provide the following.
A copy of: 1) June 11, 2002 Lease between the Rhoades and NTCH - Colorado, Inc.;
and, 2) Perpetual Easement between the Rhoades and SBA Towers II, LLC. These
two documents give SBA Towers the authority to act on behalf of the surface
owners. Neither one is recorded, so you may have to request copies from SBA.
• Letter of Authorization: Please provide the following.
A Letter of Authorization from SBA Towers II, LLC to Jab Wireless. The SBA
Collocation Approval Form and (unexecuted) Amendment to Collocation Site
Page 1 of 3
Agreement are insufficient because the Lease gives express authority to seek
permits to the Tenant only, and neither of the two documents submitted by the
Applicant pass that authority on Jab Wireless.
If it is not possible to obtain the above authorizations then there are two alternatives: (1 the
Rhoades could execute a Letter of Authorization to Jab Wireless; or, 2) SBA Towers LLC acts
as the Applicant for purposes of this request and any cost - shifting can be addressed privately
between SBA and Jab. If you select Alternative Route #2, then the deed and the authorizations
identified under the "Statement of Authority" are still necessary for a legally technically complete
application.
Narrative
• Provide narrative addressing Section 4-106.0
Site Plan /Elevation
▪ What antennas are to be removed and where are the new antennas to be located? Please
provide a plan view and elevation. Also, provide an overall site plan of the communication
facility under review.
Other Questions
▪ What is the relationship of this application with another antenna "swap out" that occurred
earlier this summer with SBA? See attached plan view and elevation on page 3.
Please note, as per Section 4- 101(B)(2)(a), if the application is not complete, the Director shall
inform the applicant of the deficiencies in writing and shall take no further action on the
application until the deficiencies are remedied. If the applicant fails to correct the deficiencies
within sixty (60) calendar days which ends October 8, 2013, the application shall be considered
withdrawn and returned to the applicant.
Sincerely,
(766,c(ti (‘
Molly Orkild- Larson, AICP, RLA
Senior Planner, 970- 625 -5903
Page 2 of 3
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Page 3 of 3
Site ID: C010489 -A-04 Lessee Slle ID: WSL -MOP
Site Name: Rhoades Lessee Site Name:
AMENDMENT TO COLLOCATION SITE AGREEMENT
THIS AMENDMENT TO COLLOCATION SITE AGREEMENT (hereinafter "Amendment ") is
made as of the _ day of , 2013, by and between SBA TOWERS It LLC, a Florida
limited liability company (hereinafter "Lessor"), and JAB WIRELESS INC., a Colorado corporation
(hereinafter 'Lessee ").
WHEREAS, NTCH- Colorado, Inc., a Colorado corporation and Lessee entered into a Collocation
Site Agreement dated June 7, 2007 (the 'Agreement") pursuant to which Lessee leases a portion of the
tower site located at 447 County Road 233, Rifle, CO 81650; and
WHEREAS, NTCH - Colorado, Inc. and Lessor entered into an Assignment and Assumption
Agreement dated December 28, 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. The third sentence of the Section 1 of the Agreement is hereby deleted in its entirety and
replaced with the following:
Tower antenna space at the 98 fool level and (2) 2' dishes at 46 and 25 foot levels on the Tower
as described on Exhibit B attached hereto.
Additionally, the antenna equipment as referenced In Section 1 of the Agreement, hereinafter
defined as Lessee's °Equipment", Is hereby amended in accordance with Item 4 below.
2. Section 3 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 No/100 Dollars ($450.00)
effective the dale this Amendment is last executed by both parties, partial month to be prorated. Upon
the anniversary and all future anniversaries of the Commencement Date, Rent, including any and all Rent
increases, will be escalated in accordance with the Agreement.
3. Section 6 and page 5 of the Agreement are hereby amended to reflect Lessor's current notice
and rental payment addresses and Lessee's current notice address as follows:
LESSOR'S NOTICE ADDRESS:
SBA Towers II LLC
5900 Broken Sound Parkway N.W.
2"d Floor
Boca Raton, FL 33487 -2797
Attn: Site Administration
RE: C010489-A-04/Rhoades
LESSOR'S NOTICE ADDRESS:
Jab Wireless, Inc.
619 14'" Street SW
Loveland, CO 80537
Other Amend.1
May 21, 2015
PAYMENT ADDRESS:
SBA Towers II LLC
P. O. Box 933730
Atlanta, GA 31193-3730
Attn: Accounts Receivable
RE: C010489-A-04/Rhoades
(sBA®
Site ID; C010489 -A-04 Lessee Site ID: WSL -MOP
SI1e Name: Rhoades Lessee Site Name:
4. The NTCH- Colorado Colocation Application and drawing included in the Exhibit A — Site
Description of the Agreement is hereby removed and replaced with Exhibit B- Antenna and Equipment
List attached hereto and made a part of the Agreement.
Additionally, the Site address stated in Exhibit A of the Agreement is hereby amended to read as
follows:
Site situated at 447 County Road 233. Rifle, CO 81650
5. Capitalized terms not defined in this Amendment wit] have the meaning ascribed to such terms in
the Agreement.
6. This Amendment will be govemed by and construed and enforced In accordance with the laws of
the state in which the Site is located without regard to principles of conflicts of law.
7. Except as specifically set forth in this Amendment, the Agreement is otherwise unmodified and
remains in full force and effect and is hereby ratified and reaffirmed. In the event of any inconsistencies
between the Agreement and this Amendment, the terms of this Amendment shall take precedence.
8. This Amendment shall be effective as of the dale last executed by both parties.
IN WITNESS WHEREOF, Lessor and Lessee have executed this Amendment to Collocation Site
Agreement as of the date and year first above written.
Signed and acknowledged in LESSOR: SBA TOWERS 11 LLC,
the presence of: a Florida limited liability company
Name: Alyssa Houlihan
Print Name: Title: Director of Leasing
Print Name:
Date:
STATE OF FLORIDA }
}
COUNTY OF PALM BEACH }
BEFORE ME, a Notary Public of the aforesaid State and County, personally appeared Alyssa
Houlihan, to me personally known (or proved by sufficient evidence) who, being by me duly sworn (or
affirmed) did say that she is the Director of Leasing of SBA Towers 11 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 she acknowledged this instrument to be the free act and deed of the Company.
WITNESS MY HAND and Notarial Seal on this of , 2013.
Notary Public
Other Amend. 1 2
May 21, 2013
SBALMI
Site 10: CO10489 -A-04 Lessee Site l6: WSL -MOP
Site Name: Rhoades
Signed and acknowledged in the
presence of: a Colorado corporation
Lessee Site Name:
LESSEE: JAB WIRELESS INC.,
��rr nn
is OA
ame: cto+
Print Name: \10.E.•:� ►A . „rp�
Date: gf¢f /j
Print Name.
STATE OF Cro % Gro4el }
}
COUNTY OF Lao.; Awr
BEFORE ME, a .Notary Public of the aforesaid State and County, personally appeared
tDbaS4111e, ca_r. to me personally known (or proved by sufficient evidence) who, being by me
duly sworn (or affil ed) did say that he/she is the rolrei.kiymtA iwinajsrof Jab Wireless inc., a
Colorado corporation described herein and that the inst nt was signed oar behalf of the Corporation,
by authority of its Board of Directors and that he/she acknowledged this instrument to be the free act and
deed of the Corporation.
WITNESS MY HAND and Notarial Seal on this a. — of LA. , 2013.
Notary Public
VALERIE M MONTOYA
NOTARY PUBLIC
STATE OF COLORADO
MY COMMISSION EXPIRES JULY 1, 2014
Olher Amend. 1 3
May 21, 2013
=- r):
Sito COV:3489-A-04
Lemset, S14-2 OD: ViSt-MOP
Si le Naow'. Lez:gie SAo Nam
30*.)6aqiii
Au:fauna and Equipment Mat
Equipment hitrst :he insialituA routud one (iiiyiki4d pursuant to (go GP GroNp strucpmm Artolvsts
dzited May 14, 28)3.
latannoms:
Quantity: Six (6)
tvianUIRCiOrer Cambium
Model: t30 Deg
Dimensions: 2096 63 x 4"
Vileittat Ma,
Mouning:
Bass of ir antenna: At approximately the 97' height levoi
Cuiffertine Ot the aritannoi At approximately the 98' height level, and
Tip of the. antenna: approximsteiy the 59' hatig.ai levet
Orieritation: 0", 603 130', 1803 2403 WY
Datiattid: Sti
Mount Type: (1) Pipe mount, as pet Strucitimi @solvent
Coble:
Number of Linea; Six (6) inside of !V coriault
Type: Coax
Size:
Midas.
Quarady: Tau (2)
Manufacturer Andrew
Moe@ UHLP2-1842191
Weight: 35 lbs.
Orientelion: 603 226"
Ons (I) @ 490 One
CeNe:
Nuititter taf Lines: FOUr (4)
Type: 55tax
Size: 112"
roarer Mounded .Amplifierra (1191A,6)::
Ellpfoxers: NIA
Outdoor Unita (02.6918):
Cluantily: Two (2)
Manufaclurer Oraagriwave
Model: Horizon fdasiturn
Dimensions: tinkhown
Weight:
2 foe,
Mount: Behirti5 4,asseela doh@
Remote Radio Wks (RRItio)i
Quantity: Six (5)
Manufacturer Cambium
McKie PM P 450
Dimerisions: 0" x Mx 2'
Weariht: 5.5 ibs,
Mounting: At apismaximately the 08' tionoht Weal
11,14w 44,
Wy 21, 2013
4
Site 10: C010489 -A -04 Lessee site ID: WSL -MOP
Site Name: Rhoades Lessee She Name:
Junction Boxes:
Quantity: Three (3)
Mounting: At approximately the 96', 44' and 23 height levels
Ground Space Requirements: Approximately 16 square feet
Licensee provided Shelter /pad:
Dimensions: 4' x 4'
Type: Pad
GPS Receivers:
Quantity One (1)
Manufacturer: Motorola
Dimensions: 3"
Mount Location: At local Box
Cable:
Number of Lines: One (1)
Type: LMR
Transmitters: NIA
Transmitter Cabinets:
Quantity: One (1)
Dimensions: 24" x 20"
Location: Within Licensee's leased area
Frequencies: Transmit 18 GHz HP Licensed, 5.7 GHz unlicensed
Receive: 18 GHz HP Licensed
ERP: 65 Dbm
Transmitter Operating Power: 27 Ddm
Generator. NIA
Other Amend. i 5
May 21, 2013
CCEL2