The URL can be used to link to this page

Home My WebLink AboutTUP-96-13SSA SBA, Inc. Wireless Communications Consultants National & International SBA of Denver, Inc. 6312 S. Fiddler's Green Circle, Suite StON Englewood, CO 80111 FAX: (303) 770-5082 • Phone: (303) 770-3830 April 8, 1998 Mr. Sean McCartney Planner City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80215 Dear Sean: Thank you for forwarding your comments on the Administrative Review of PD Modification checklist developed by SBA of Denver. I understand that no PD Modification process is required when applying to place antennae on existing structures in Wheat Ridge PDs (whether the equipment boxes are to be placed on the roof or ground). Only a Building Permit Application will be required. I have enclosed a Building Permit Application checklist for "permitted by right" antennae and tower installation in Wheat Ridge. Any comments you may have on the checklist would be greatly appreciated. Also, as you requested, I have enclosed photosimulations of antennae installed on existing structures. Thank you for your time and assistance. Please call me at 770-3830 if you have any questions or comments on the above. I look forward to working with you further. Sincerely, Ann M. Prouty ~~~~ Zoning Specialist Enclosures cc: Tom Stedt, SBA Planning Manager Wheat Ridge Building Permit Checklist Site Number: Site Address: Legal Desc.: Site One Week Approval Time SBA Building Permit Application Form Check for Building Permit Application based on valuation of project. If applicant is someone other than current owner, a letter of authorization empowering applicant to act on behalf of owner may be_ necessary. Check in appropriate am_ ount for filing and recording with Jefferson County Clerk and Recorder. If ground build: Copy of the Deed Fence Permit (application is considered part of general building-permit) ARCHITECT/ENGINEER Three full sets of Type I Site Plan, indicating: General development intent Building envelopes Parking areas Landscape/open space areas Storage or outside work areas Approximate location of street access Potential character and possible impacts of proposed development 81/2" x 11" minimum sheet size Scale and north arrow Property boundaries and lot lines with dimensions Existing and proposed public streets, rights-of-way, public easements, irrigation ditches, drainage ways and other easements affecting site 1 _ __ _ _ Existing and proposed public improvements within and adjacent to the site, including curbs, gutter, sidewalk, street pavement, drainage improvements, street lights, etc. Existing and proposed street access points or curb cuts and_dimensions thereof. _ Proposed site development elements, including general building envelopes, landscape/open space buffers, parking and loading areas, and outside work, storage or display areas. Site data table, including gross and net lot area, maximum building coverage, _ _ maximum floor area of buildings, landscape/open space area, parking area, maximum building height, etc. If Ground Build: Three full sets of engineering drawings based on height. 90 mile an hour wind design, exposure C Ice retention values Engineered foundation for pole Landscape Plan Three full sets of electrical plans stamped by Colorado Licensed Engineer. If on Existing Structure: Three sets of sketch of intended use indicating that color and design of antennae will blend with color and architecture of building. Three full sets of engineering drawings Demonstrate antennae anchorage capability for 90 mile an hour wind design, exposure C Evaluation of total weight of antennae and equipment box on roof and building structure Three full sets of electrical plans stamped by_Colorado Licensed Engineer. SURVEYOR If ground build: Survey or; Improvement location certificate; 2 OTHER General Contractor must have license to work in Wheat Ridge Building Department has indicated that Fire Department review of plans will probably not be necessary If ground build: Copy of soils report may be necessary March 21, 1996 3 ~~i. .~ .Y;' xL:' . r 11;1' ~ / ~7 ~;;'.. `~.n ~. {~:: x._ w t 7 t ~ }.:~-,. F. t~ t' Et . r` f`f {~ :~ 1 F,...e ~S. Y~ : $ ~ k„ ~'ari w W 4 i~~*v~"~ Y ~Q1r~1Y ~ J y"' S S ~ l ~~ .. .~h`',~Y u; cl~x' 3~ s p t v~~ ~r vV ~~~M ,i _ A~ {" A .,Y2' ~s'~n ~~ ~ 2 z a'~fiy -~~i t 3,i T 9 r tt1.~,. ~ ` - - rR: +: 4;w S~l~j { ~(4 - s 1.,tixl~?~ r j [,11T7ti '.w'1 .l [zt' 'I ^c. Y~ L "E~ ~~~ M:.. _ t J ~i!11 .. ~ yT~ } .+ Y a., Yom.. + d .¢ ' ~ a ~r" i t 3 -^ r a . ~,~_ & .- e ~ ~-i1 '.5 Fi T :f '. 2 t +,{ ~ f ~: ,i~ i f i ,F €ei ~ , $:~. ~. SBA of Denver, Inc. Wireless CommuNcations Consultants • i _-- _ _ ANN PROUTY 6372 S. Fitltllzrs Green Circle Sure 570 North Phone: (303) 770-3830 -~ Englewood,CO 60111 __ _ FAX: (303)770-5082 _ _ - - _- ~^ ~~ ~~_'{ o~C= 0 aUZ ~.- c~ ~~a~ Z s~ s~ hTi- ~ °'caE= 3 ~,~ o m - o ~ ~. ~~, `` '"~. ;~ ~~.,~. .. ~ ''~. Version 2.0 ' Site Name Wheat Ridge Munitowec _ - PCS SITE AGREEMENT 1. Premises and Use. Owner leases to Sprint Spectrum L.P., a Delaware limited partnership ("SSLP"), the site described below: [Check appropriate box(es)] ^ Real property consisting of approximately square feet of land; ^ Building interior space consisting of approximately square feet; ^ Building exterior space for attachment of antennas; ® Building exterior space for placement of base station equip- ment; ®Tower antenna space; ® Space required for cable runs to connect PCS equipment and antennas, in the location(s) ("Site") shown on Exhibit A, together with a non-exclusive easement for reasonable access thereto and to the appropriate, in the discretion of SSLP, source of electric and telephone facilities. The Site will be used by SSLP for the purpose of installing, removing, replacing, maintaining and operating, at its expense, a personal communications service system facility ("PCS"), including, without limitation, related antenna equipment and fxtures. SSLP will use the Site in a manner which will not unreasonably disturb the occupancy of Owner's other tenants. 2. Term. The term of this Agreement (the "Initial Term") is five years, commencing on the, date ("Commencement Date") SSLP signs this Agreement. -This Agreement will be automatically renewed for four additional terms (each a "Renewal Term") of five years each, unless SSLP provides Owner notice of intention not to renew not less than 90 days prior to the expiration of the Initial Term or any Renewal Term. 3. Rent. Rent will be paid annually in advance beginning on the Commencement Date and- on each anniversary of it. Until the earlier of {a) the date which is 30 days after the issuance of a building permit for installation of the PCS, or (b) the first day of the month following commencement of physical preparation of the Site, the rent will be $100.00, the receipt of which Owner acknowledges. Thereafter the annual rent will be $12.000_.00 partial years to be prorated. 4. Title and Quiet Possession. Owner represents and agrees (a) that it is the Owner of the Site; (b) that it has the right to enter into this Agreement; (c) that the person signing this Agreement has the authority to sign; (d) that SSLP is entitled to access to the Site at all times and to the quiet possession of the Site throughout the Initial Term and each Renewal Term so long as SSLP is not in default beyond the expiration of any cure period; and (e) that Owner shall not have unsupervised access to the Site or to the PCS equipment. 5. AssignmentlSubletting. SSLP will not assign or transfer this Agreement or sublet all or any portion of the Site without the prior written consent of Owner, which consent will not be Quad No. 45-58-06-Y1 unreasonably withheld, delayed or conditioned; provided, however, SSLP may assign or sublet without Owner's prior written consent to any party controlling, controlled by or under common control with SSLP or to any party which acquires substantially all of the assets of SSLP. 6. Notices. All notices must be in writing and are effective when deposited in the U.S. mail, certifed and postage prepaid, or when sent via overnight delivery, to the address set forth below, or as otherwise provided by law. 7. Improvements. SSLP may, at its expense, make such_ improvements on the Site as it deems necessary from time to time for the operation of a transmitter site for wireless voice and data communications. Owner agrees to cooperate with SSLP with respect to obtaining any required zoning approvals for the Site and such improvements. Upon termination or expiration of this Agreement, SSLP may remove its equipment and improvements and will restore the Site to the condition existing on the Commencement Date, except for ordinary wear and tear. 8. Compliance with Laws. Owner represents that Owner's property (including the Site), and all improvements located thereon, are in substantial compliance with building, life/safety, disability and other laws, codes and regulations of applicable governmental authorities. SSLP will substantially comply with all applicable laws relating to its possession and use of the Site. 9. Interference. SSLP will resolve technical interference problems with other equipment located at the Site on the Commencement Date or any equipment that becomes attached to the Site at any future date when SSLP desires to add additional equipment to the Site. Likewise, Owner evill not permit the installation of any future equipment which results in technical interference problems with SSLP's then existing equipment except for equipment installed for the Owner's exclusive use in which case the Owner and SSLP shall work together in good faith to resolve any technical interference problems. In the event the interference cannot be resolved to both parties satisfaction, SSLP or Owner may terminate the Agreement and Owner shall refund all rental payments made during the calendar year in which the termination occurs. 10. Utilities. Owner represents that utilities adequate for SSLP's use of the Site are available. SSLP will pay for all utilities used by it at the Site. Owner will cooperate with SSLP in SSLP's efforts to obtain utilities from any location provided by Owner or the servicing utility. 11. Termination. SSLP may terminate this Agreement at any time by notice to Owner without further liability if SSLP does not obtain all permits or other approvals (collectively, "approval") required from any governmental authority or any easements required from any third party to operate the PCS -system, or if any such approval is canceled, expires or is withdrawn or terminated, or if Owner fails to have proper ownership of the Site or authority to enter into this Agreement,. or if SSLP, for any other reason, in its sole discretion, ORIGI~A~ determines that it will be unable to use the Site for its intended purpose- Upon termination, all prepaid rent shall be retained by Owner. 12. Defiault. If either party is in default under this Agreement for a period of (a) 10 days following receipt of notice from the non-defaulting party with respect to a default which may be cured solely by the payment of money, or (b) 30 days following receipt of notice from-the non-defaulting party with respect to a default which may not be cured solely by the payment of money, then, in either event, the non-defaulting party may pursue any remedies available to it against the defaulting party under applicable law, including, but not limited to, the right to terminate this Agreement. If the non-monetary default may not reasonably be cured within a 30 day period, this Agreement may not be terminated if the defaulting party commences action to cure the default within such 30 day period and proceeds with due diligence to fully cure the default. If Owner terminates this Agreement or otherwise acts to remove SSLP from possession of this Site, SSLP shall be entitled up to ninety days after the entry of an Order for Possession against SSLP in a court of competent jurisdiction to surrender possession of the Site. SSLP -shall pay 125% of the Rent to Owner for the period which SSLP remains in possession of the Site, as liquidated damages in lieu of any monetary damages against SSLP and as Owner's sole remedy. Owner acknowledges that (a) due to the difficulty of relocating SSLP's property from the Site, SSLP's right to such additional ninety days period is an integral part of this Agreement, and (b) due to the _ unique purpose of this Lease, SSLP's obligation. to pay Rent during this period is fair and reasonable estimate and compensation for the Owner's damages if any, such damages being difficult to ascertain. 13. Indemnity. Owner and SSLP each indemnifies the other against and holds the other harmless from any and all costs (including reasonable attorneys fees) and claims of liability or loss which arise out of the use-and/or occupancy of the Site by the indemnifying party. This indemnity does not-apply to any claims arising- from the sole negligence or intentional misconduct of the indemnified party. 14. Hazardous Substances. Owner represents that it has no knowledge of any substance, chemical or waste (collectively, "substance') on the Site that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. SSLP shall riot introduce or use any such substance on the Site in violation of any applicable law. 15. Miscellaneous. (a) This Agreement applies to and binds the heirs, successors, executors, administrators and assigns of the parties to this Agreement; (b) This Agreement is governed by the laws of the State in which the Site is located; (c) If requested by SSLP, Owner agrees promptly to execute and deliver to SSLP a recordable Memorandum of this Agreement; (d) This Agreement (including the Exhibits) constitutes the entire agreement between the parties and supersedes all prior written and verbal agreements, representations, promises or understandings between the parties. Any amendments to this Agreement must be in writing and executed_by both parties; (e) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, will not be affected and each provision of this Agreement will be valid and enforceable to the fullest extent permitted by law; and (f) The prevailing party in any action or proceeding in court or mutually agreed upon arbitration proceeding to enforce the terms of this Agreement is entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and. expenses from the non-prevailing party. The following Exhibits are attached to and made a part of this Agreement: Exhibit A, B, C and D, OWNER: Cit of Wheat Rido BY~ _ id~~.e.L~ Its: Mavor Dan Wilde B App o~ a®to~m~~~ Y (y ~// Its: City Attorney ~accr-a-~.~ G, , l~.'SNL Gerald E. Dahl S.S./Tax No: 84-0595832 Address: 7500 West 29th Avenue Wheat Ridpe CO 80215-6713 cif Date:...... ! ! ~G Sprint Sp rum ,1 Dei ware limited partnership By: [dl,~ Its: Director. Enginee n Network Operations Address: 4700 S. Syracuse Street Suite 600 Denver CO 80237 Attn: Director of E_n ineerin and Operationsr~ Date: l cc: Sprint Spectrum Limited Partnership 4717 Grand Avenue 5th Floor Kansas City MO 64112 ~ P ~ r ~ ~\~ n Version 2.0 Site Name Wheat Ridae Munitower EXHIBIT A~ Site Description Quad No. 45-58-O6-Yt Site situated in the City of Wheat Ridge, County of Jefferson, State of Colorado commonly described as follows: Legal Description Parcel I Lot 1, Block 3, Barth's Subdivision excepting the north half of the east half of said lot and the west 6 feet of said lot therefrom. Parcel I I _ N/2 E/2 of Lot 1, Block 3, Barth's Subdivision except the East 25' as described in Book 722 at Page 353. County of Jefferson State of Colorado Also known as: 7500 West 29th Avenue County of Jefferson State of Colorado ~JRIGINAL Version 2.0 Site Name Wheat Ridge Munitower Sketch of Site: i a m m m s t 0 3 a m 3 EXHIBIT A* Site Description Continued West 29th Avenue FxlsUng Municipal Building Proposed SSLP Lesse Area Quad No. 45-38-06-Y7 N Exlstlng Tower Proposed SSLP Equipment Loc Approximately 200 sq. it Power Transknner -- - (Telco Panel located inside building) NOT TO SCALE Owner Initials SSLP initials I Note: Owner and SSLP may, at SSLP's option, replace this Exhibit with an exhibit setting forth the legal description of the property on which the Site is located and/or an as-built drawing depicting the Site. G~~uI~~~ Version 2.1 6-~-96 EXHIBIT B Site Name Wheat Ridge Munitower _ PCS Site Agreement Site I. D. 468-06-Y1 Bartering The rent payable for the use of the Site during the Initial Term and each Renewal Term is set forth in Paragraph 3 of this Agreement. In lieu of a cash rent payment, Owner and SSLP agree that commencing on the first full calendar month after SSLP has commenced offering wireless communication service to the public in the major trading area in which the Site is located and continuing each month thereafter during the Initial Term and each Renewal Term, SSLP will reduce the outstanding charges on SSLP's invoice for wireless communication services and equipment provided to Owner by SSLP, at SSLP's cost, during the month by an amount (the "monthly credit") equal io One Hundred percent I'1O0%) of the rent otherwise payable by SSLP. Any amount owed by Lessor in excess of the monthly credit [and all applicable federal, state,-and local taxes! attributable to the wireless communication services and equipment provided to Owner during the month shall be due and payable by Owner as provided in the invoice. Any portion of the monthly credit in excess of the amount owed by Owner for that month will be applied to future invoices or paid in cash (by check) at SSLP's option. If Owner fails to pay amounts owed to SSLP in a timely fashion [or fails to comply with any rules or restrictions uniformly applied to SSLP's customersl. SSLP may, at its option, elect to discontinue providing wireless communications services to Owner and commence paying monthly rent. Furthermore, upon 90 days written notice to SSLP, the Owner may demand rental payments in cash instead of service or equipment. Owner Initials ~ r' _. SSLP Initials ,~~ ~ __ _ _ _ _ _ ._.. ,. 0R1GiRAL Version 2.0 ~2-18-95 EXHIBIT C Site Name Wheat Ridge Munitower " PCS Site Agreement Quad No. 45-58-O6-Yt REMOVAL OF SOLAR SYSTEM SSLP agrees to haul away Owner's abandoned solar system equipment pictured below. Owner agrees to dismantle and disconnect such equipment from present HVAC system and the concrete pad upon which they are presently located. Owner-also agrees to arrange for proper disposal including obtaining and paying far all necessary permits. Such haul-awayldisposal shall take place prior to the delivery of SSLP's transmitter equipment. Owner shall complete the dismantling and disconnecting of the equipment and obtain all necessary permits no later than 30 days after execution of this Agreement. Ownerlnitials N~' SSLP Initials ORIGINAL Version 2.0 Site Name Wheat Ridge MuniTower Owner Initials oy' SSLP Initials EXHIBIT C PCS Site Agreement REMOVAL OF SOLAR SYSTEM CONTINUED 12-18-95 Quad No. 45-58-06-Y1 R!~1NAL Version 2.0 12.18-95 EXHIBIT C Site Name Wheat Ridge MuniTower PCS SItB Agr@el'1'1Bilt Quad No. 45-58-06-Yt _ REMOVAL OF SOLAR SYSTEM Cr)NTINIIISD Owner Initials 1 SSLP Initials ..., ' , _ UI~';~II~;, Version 2.0 Site Name Wheat Ridpe MuniTower EXHIBIT C PCS Site Agreement REMOVAL OF SOLAR SYSTEM CONTINUED Owner Initials ^' SSLP Initials 12-18-95 Quad No. 45-58-06 Y1 Gi\i~ll~r"~~ Site Name Wheat Ridae MuniTower EXHIBIT C PCS Site Agreement REMOVAL OF SOLAR SYSTEM CONTINUED Owner Initials ~ , SSLP Initials -. Quad No. 46-58-06-Yt OPiGii~1~~ Version 2.0 12-18-95 EXHIBIT D Site Name Wheat Ridcle Munitower Lease Coordination __ Quad No. 45-58-06•Y1 SSLP understarids arid-agrees that Owner has previously entered into a site Lease Agreement dated March 15, 1994 (hereinafter the "1994 Agreement"), between Owner, as Landlord and the Denver Cellular Telephone Company (predecessor-in-interest to AT&T Wireless Services), as Tenant, and that Owner has previously entered into an intergovernmental agreement dated July 27, 1992, among Owner, the City of Arvada, Colorado, the City of Lakewood, Colorado and Jefferson County, Colorado (hereinafter the "1992 IGA"), both of which agreements concern the site and communications tower which is the subject of this agreement. Copies of the site Lease Agreement and the 1992 IGA are attached hereto as Attachment 1 and Attachment 2, respectively. SSLP and Owner specifically agree that: 1. In the event of any conflict between the provisions of the Agreement and those of the 1994 Agreement (which incorporates by reference at Attachment 2 thereto, the 1992 IGA), the provisions of the 1994 Agreement shall control. 2. The performance by Owner, or the taking of any act by Owner, pursuant to the 1994 Agreement shall not constitute or be construed as any default by Owner under the provisions of this Agreement. 3. Prior to installation or operation of any equipment on the tower antenna, SSLP shall obtain the written consent of the Owner, AT&T Wireless Services, the City ofArvada, the City of Lakewood, and Jefferson County to such installation and/or operation. Owner Initials N' ' SSLP Initials ,~~~ PCS Site Agreement ORIGIi~~ Attachment 1 State: Colorado City: Wheat Ridge Cell LD.: Wadsworth/26th SITE LEASE AGREEMENT THIS SITE LEASE AGREEMENT (This "Lease") is entered into this ~ day of March, 1994 ("Execution Dale") between the City of Wheat Ridge ("Landlord"), and Dem~er Cellulaz Telephoce Company ('Tenant"). 1. Premises. Subject to the following terms and conditions, Landlord leases to Tenant a portion of the real property (the "Property") described in the attached Exhibit A. Tenant's use of the Property shall be limited to that portion of the Property, together with easements for accrss and utilities, described and depicted in attached Exhibit B (collectively referred to hereinaPer as the "Premises"). The Premises, located ai 7500 West 29th Avenue, Wheat Ridge, Colorado 80034 comprise approximately 350 square feet. 2. Term. The initial term of this Lease sha1I be fifteen years, commencing upon the earlier of written notification by Tenant to Landlord of Tenant's receipt of all Governmental Approvals, or one {I) month from Execution Date of this Lease (the "Commencement Date"), and terminating at Midnight on the fast day of the month in which the fifteenth annual anniversary of the Commencement Date shall have occurred. If Tenant shall not have obtained all Governmental Approvals on or before one (1) month from execution date of this Lease, then Tenant shall, by notice to Landlord, have the right to cancel all rights and obligations under this Lease, provided Tenant reimburses Landlord for acruat, reasonable, legal or other preparatory expenses incurred to a maximum of 5500.00. 3. Permitted Use. The Premises may be used by Tenant only for permitted uses, which are the transmission and reception of radio communication signals and for the construction, maintenance, repair or replacement of related facilities, towers, antennas, equipment or buildings and related activities. Tenant shall obtain, at Tenant's expense, all licenses and permits or authorizations required for Tenant's use of the Premises from-all applicable government and/or regu(atorv entities (the "Governmental Approvals") and may (prior to or after the Commencement Date) obtain a title report, perform survevs, soils tests, and other engineering procedures or environmental investigations on, under and over the Property, necessary to determine that Tenant's use of the Premises will be compatible with Tenant's engineering specificauons, system, design, operations and Governmental Approvals. Landlord agrees to reasonably cooperate with Tenant (at no cost to Landlord), where required, to perform such procedures or obtain Governmental Approvals. Landlord agrces that Tenant shall have the right to immediately terminate this Lease without any penalty or liability, if Tenant notifies Landlord of unacceptable results of any title report or of the survey or soils tests. Landlord also agrees that if, based on the result of any environmental investigation or inquiry, Terumt determines that the condition of the_ Property is unsatisfactory or if Tenant believes that leasing or continued leasing of the Premises would expose Tenant to undue risks of government action or intervention or third-party liability, Tenant may, without any penalty or liability, immediately terminate this Site Lease Agreement. 4. Rent. As consideration for rent payable by Tenant to Landlord during the term of this '~ ~ Lease or any renewal (hereinafter addressed) hereof, the following actions will be taken by Tenant at Tenant's sale expense: ' a. Tenant will purchase, install and equip a new 160 Rohn SSV self supporting tower. Tower ownership will pass to Landlord effective on Lease Commencement Date. G;~.IA b. Tenant wilt dismantle Landlord's existing tower and remove the foundation offer the new tower is in service. The foundation will be removed no less the 2' below the surface and the dismantled tower will be delivered to a designated facility within the Ciry of Wheat Ridge. c. Tenant will provide and install new co-aY cable, hangers and six ante=~ for Landlord's sole use and ownership (specifications to be provided to Tenant) to replace existing L.wdlord antennas. Tenant (az Tenant's expense) will move Landlord's existing microwave antennas (including associated bangers and cable) from the existing tower to the new facility. All installation and construction shall be in accordance with the attached intergovernmental aggeeement (I.G.A.) dated July 27, 1992. (Exhibit "D'~ d. Tenant will corutrud a 1 1'3" X 9'3" equipment building for use by Landlord and re-route power and appropriate cables to serve said building. Ownership of the building will pass to Landlord az Lease Commencement Date. Tenant shall be responsible for the expense transferring Landlord's equipment into this building. f. Tenant will provide the site survey, architectural plan, elecu-ical design, structural design, site worm civic construction; fence, landscaping, soils report and inspections for the project. All details will be provided in the form of a site plan/construcuon drawing submitted to Landlord for approval. g. Tenon[ will pay to Landlord a cash consideration of S23,000.00. This one time payment wiII (az Landlord's option) be in cash or value equivalency in Tenant-purchased equipment for Landlord. Landlord shall have six (6) months from Commencement Date of the Lease to elect for cash payment or value equivalency in Tenant-purchased equipment. This payment of cash or value equivalency purchased equipment obligation will be considered null and void if an election is not made by said date. h. Tenant shall give Landlord ten Motorola Ultra Classic Portable Telephones. Landlord agrees to contract far a minimum of one near cellular service provided by Tenant under Tenant's standard government rate. Tenant shall credit Landlord's account for said cellular service a total of 5175.00/month which shall be effective for f 30 months. This monc}rly credit balance equates to S31,500.00. In the event Landlord eiecu not to use Tenants cellular service after one year, the remaining credit will be forfeited. Tn the event Tenant elecu to terminate the Lease Agreement (under the terms and conditions hereinafter described) before 180 months, and remaining credit {531,500.00 less, the accumulated total amount of S175.00/ month credit) will be paid to Landlord within 30 days of Tenant's notice to Landlord of its intent to terminate the Lease Agreement. 5. Renewal: Tenant shall have the right to request an extention of this Lease for two atidirional, five-year terms ("Renewal Term"). Each Renewal Term shall be on mutually agreeable terrns and conditions. Landlord and Tertant agree to make a good faith effort in reaching an agreement on Renewal terms and conditions. In the event there is no agreement reached, either party to this Lease may terminate the Lease with a 30 day notice to the ocher party. If Tenant shall remain in possession of the Premises at the expiration of this Lease or any Renewal without a written agreement, such tenancy shall be deemed a month-to-month tenancy under the same terms and conditions of this Lease. 6, Interference. Tenatrt shall not use the Premises in any way which interferes with the use of the Property by Landlord, or tenants or licensees of Landlord, with rights to the Property prior in time to Teturnt's. Such interference, including, but no[ limited to, radio frequency interference, shall be deemed a material breach by Tenant, who shall, upon notice from the ocher, be responsible for terminating said interference. In the event any such interference dots not cease promptly, the parties acknowledge that continuing interference may cause irreparable injury and, therefore, each party to this Lease shall have the right, in addition to any other rghu that it may have a[ law or in equity, to terminate this Lease immediately upon notice, and cease all operations. Landlord shall not use, nor shall Landlord permit its tenanu, licensees, employees, invitees or agents to use, any portion of Landlord's properties in any way which interferes with the operations of 'v~Ji~711VH~ Tenant. Landlord agrees to give Tenant a thirty (30) day notice before the irLStallation of any additional telecommunication equipment in the Premises. This subsection shall be consistent with the Landlord's obligations as contained in the I.G.A. attached as Exhibit "D" Improvements: Utilities: Access. a. Tenant shall have the right, at its expense, to erect and maintain on the Premise's improvemenu, personal property and facilities, including, an antenna tower and base, 12 (approximately 1'X 4') radio transtrutting and receiving antermas, I (2') microwave dish and an electronic equipment shelter (collectively the "Antenna Facilities"). Landlord's prior consent to the plans and spectfications for such buildings and other improvements shall be required as to those items listed in Exhibit B hereto. Tenant shall have the right to replace or upgrade the Antenna Facilities at any time during the term of this Lease with Landlord's prior consent. Consideration must be given to changes in visual or technological impacu. Tenant shall cause all construction to occur lien-free and in compliance with alt applicable laws and ordinances. The antennas, mounts, waxia[ cable and equipment building associated specifically with cellular operation, shall remain the exclusive propem• of Tenant and may be removed by Tenant upon termination of this Lease. Any and all actions shall be consistent with the I.G.A. attached as Exhibit "D" b. Tenant, at its expense, may use any and all appropriate means of restricting access to the Antenna Facilities, including, the construction of a Locked fence with Landlord's consent. A key to any of Tenant's locked facilities will be provided to Landlord. c Tenant shall, a[ Tenant's experue, keep and maintain the Premises and all buildings and improvements now or hereafter located thereon in commercially reasonable condition and repair durng the term of this Lease. Upon termination of this Lease, the Premises shall be resumed to Landlord in good, usable condition. d. Tenant shall pay any additional utilities charges due to Tenant's use. Tenant shall have the right to install utilities, at Tenant's expense, and to improve the present utilities on the Premises (including, but not limited to, the installation of emergency power generators). Landlord hereby grants access to place any utilities on, or to bring utilities across, the Propem in order to service the Premises and the Antenna Facilities, corvsisien[ with the approved plans and specifications. e. Tenant shall have 24-hours-a-day, 7-days-a-week ingress, egress and access to the Premises at all times during the term of this Lease and any Renewal Term. 8. Default. Any of the following occurrences, conditions, or acts shall be deemed a "Default" under this Lease: a, if Tenant fails to pay amounts due under this Lease within ten (10) days of its receipt of written notice that such payments are overdue; b. if either party fails to observe or perform its obligations under this Lease and does not cure such failure within thirty (30) days from its receipt of written notice of breach, or such longer period as may be required to diligently complete a cure commenced within the 30-day period. 9. Termination. Except as otherwise provided herein, this Lease may be terminated, without any penalty or further liability as follows: a upon ten (10) days' written notice in the event of a Default (as defined above); b. upon ninety (90) days' written notice by Tenant, if Tenant is unable to obtair~ maintain, or otherwise forfeits or cancels any license, permit or Governmental Approval necessary to the construction and/or operation of the Antenna Facilities or Tenant's business; ORI~~NA~ c. upon ninety (90) days' written notice by Tenant if the Premises are or become unacceptable under Tenant's design or engineering specifications for its Antenna Facilities or the contrnumcauons system to which the Antenna Facilities belong; . d. upon forty five (451 days' written notice if the Premises or the Antenna Facilities are destroyed or damaged so as m Tenant's reasonable judgment to substantially and adversely affect the effective use of the Antenna Facilities. e. az the time title of the Property transfers to a condemning authority, pursuant to a taking of all or a portion of the Property sufficient in Tenant's determination to rrnder the Ptemises unsuitable for Tenant's use. Landlord and Tenant shall each be entitled to pursue their own separate awards with respect to such taking. Sale of all or part of the Premises to a purchaser with the power of eminent domain in the face of [he exercise of the power, shall be treated as a raking by wndemnadon. 10. Tares. Tenant shall pay any personal property taxes assessed on, or any portion of such taxes attributable to, the Antenna Facilities. Landlord shall pay when due all real property [axes and all other fees and assessments attributable to the Premises. However, Tenant shall pay, as additional Rent, any increase in real property taxes levied against the Premises (excluding any additional taxes that relate to the period prior to the Commencement Date, i.e., roll-back takes) which is directly attributable Io Tenant's use of the Premises, and Landlord agrees to famish proof of such increase to Tenant. 11, insurance and SubroQatian. a. Tenatrt will provide Commercial General Liability Insu[artce in an aggregate amount of 52,000,000.00 and name Landlord as an additional insured on the policy or policies. Tenant may satisfy this requirement by obtaining appropriate endorsement to any master policy of liability insurance Tenatrt may maintain. b. Landlord and Tenant hereby mutually release each other (and their successors or assigns) from liability and waive at[ right of recovery against the other for any loss or damage covered by their respective first parry propem insurance policies for all perils insured thereunder. In the event of such insured loss, neither pain's insurance company shall have a subroga[ed claim against the ocher. 12. Hold Harmless. Tenant agrees to hold Landlord harmless from claims arising from the installation, use, maintenance, repair or removal of the Antenna Facilities, except for claims arising from the negligence or intentional acts of Landlord, its employees, agents or independent contractors. 13. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, retain receipt requested, or sent by overnight carrier to the following addresses: If to Landlord, to: City of Wheat Ridge PO Box 638 Wheat Ridge, CO 80034 Attn. Paul Edwards ~RIG1~~~~AL If to Tenant, to: Denver Cellular Telephone Company 1001 16th Stree4 Suite C-1 Denver CO 30205 Attn. Site Acquisition Dept. 14. Quiet Eniovment, Title and Authority. Landlord covenants and warranu to Tenant that Landlord has full right, power and authority to execute this Lease; it has good and unencumbered title to the Premises free and clear of any liens or mortgages, except those disclosed to Tenant which will not interfere with Tenant's righu to or use of the Premises; and execution and performance of this Lease will not violate any laws, ordinances, covenants, or the provisions of any mortgage, lease, or other agreement binding oa Landlord. Landlord covenants that at all times during the term of this Lease,. Tenant's quiet enjo}anent of the Premises or any part thereof shall not be disturbed az long as Tenant is not in default beyond any applicable grace or cure period. Li. Environmental Laws. Tenant represents, warrants and agrees that it will conduct its activities on the Propem in compliance with all applicable Environmental Laws (az defined in attached Exhibit C). Landlord represents that to the best of Landlord's knowledge it has in the past and will in the future conduct its activities on the Property in compliance with al[ applicable Environmental Laws and that the Property is free of Hazardous Substance (as defined in attached Exhibit C) az of the date of this Lease. Landlord shall be responsible for, and shall promptly conduct any investigation and remediation az required by any Environmental Laws or common law, of all spills or other releases of Hazardous Substance, not caused solely by Tenant, that have occurred or which may occur on the Propem. Tenant agrees to defend, indemnify and hold Landlord harmless from and against any and all claims, causes of action, demands and liability including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments and attomev's fees that Landlord may suffer due to the existence or discovery of any Hazardous Substance on the~Propem• or the migration of any Hazardous Substance to other properties or released into the environment arising softly from Tenant's activities on the Property. Landlord agrees to defend, indemnify and hold Tenant harmless from and against any and all claims, causes of action, demands and liability including, but not limited to, damages, costs, experLSes, assessments, penalties, fines, losses, judgments and attorney's fees that Tenant may suffer due to the existence or discovery of any Hazardous Substance on the property or the migration of any Hazardous Substance to other properties or released into the environment, that relate to or arise from Landlord's activities during this Lease and from all activities on the Property prior to the commencement of this Lease. The indemnifications in this section specifically include costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any governmental authority. 16. Assignment and Subleasin?. Landlord agrees that Tenant may assign this Lease, and all rights, benefits, liabilities and obligations-hereunder, to a parent, subsidiary or affiliate of Tenant, controls or is controlled by or under common control with Tenant, is merged or consolidated with Tenant or purchases a majority or controlling interest in the ownership or assets of Tenant. Upon notification to Landlord by Tenant of any such action, Tenant shall be relived of a!f future performance, liabilities and obligations under the Icasc. Tenant may not othenaise assign or sublet this lease without Landlord's consent, not to be unreasonably withheld or delayed. ,~~i,~ 0~~~;l~~~KL Additionally, Tenant may, upon notice and wnsent of Landlord, mortgage or grant a suurity interest in this Lease and the spuific Antenna Facilities herein described and owned by Tenant, and may assign this Lease and the specific Antenna Facilities to any such mortgagees or holders of security interests including [heir successors or assigns (hereinafter collectively referred to as "Mortgagees"), provided such i`fortgagees agrce to be bound by the terms and provisions of this Lease. In such event, Landlord shat! execute such consent to leasehold financing as may reasonably be required. by Mortgagees. Landlord agrees to notify Tenant and Tenant's Mortgagees simultaneously of any default by Tenant and to give Mortgagees the same right to cure any default as Tenant except that the cure period for any Mortgagee. shall not be less than ten (10) days after receipt of the default notice. I7. Successors and Assiens. This Lease shall run with the Property, and shall be binding upon and inure to the benefit of the parties, their respective successors, persona! representatives and assigns. 18. Waiver of Landlord`s Lien. Landlord hereby waives any and all lien rights it may have, statutory or otherwise, concerning the Antenna Facilities or any portion thereof which shall be deemed personal property for the purposes of this Lease, regazdless of whether or not same is deemed real or personal propem under applicable laws, and Landlord gives Tenant the right to remove all or any portion of same from time to time in Tenant's sole discretion and without Landlord's consent. 19. Miscellaneous: a. The substantially prevailing pam in any litigation arising hereunder shall be entitled to its reasonable attorneys' fees and court cosu, including appeals, if any. b. This Lease constituIes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this Lease must be in writing and executed by both parties. c. If either pam is represented by a real estate broker in this transaction, that pam• shall be fully responsible for any fee due such broker, and shall hold the other parry harmless from any claims for commission by such broker. d. Each party agrees to cooperate with the other in executing any documents (including a ~femorandum of Lease) necessan• to protect its rights or use of the Premises. The Memorandum of Lcasa may be recorded in place of this Lease. by eithcr party. e. This Lease shall be construed in accordance with the laws of the slate in which the Property is located. f. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. g. Landlord agrees to process al( governmental approvals and permits attributable to installation of the Antenna Facilities within 30 days of receipt of all documentation required. OR1C;~~lAL Signed by the parties on the Execution Date spzcified on page 1. LANDLORD: ATTEST: City of Wheat Ridge '" ~" i 57ai) ~danda Sang, City C1 3(i ~ Q>uPROVED AS1T0 r0&'1:~~X y,~ li it-~~ By CI Cy ACCO Denver BV (For and behalf of Denver majority genera( partner) STATE OF ) COUNTY OF ss: Tnc. On this ZZ~ day of lC'~f~[Ar3(Z% [994,_before me personally appeared m'!<~ S,'~.-, i ]aowm to me to be e '. ¢- G.i'7 of %~/~~ Cj,v~ - thd corporation that executed the within and foregoing instrumen[. and aclmowledged the said instrument to be the free and voluntary act and decd of said corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execu[e said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offtciaLs~Z~the day and year first above written.~~~ , ~/ i // -[~OTAR'f PUBLIC ---" ivty commission expires: ~-/~-~Q STATE OF ) COUNTY OF ) ) ss: On this I S.th day of btcyeck 1994, Deface me personally appeared Dan G1.i.Pd_2 ,~Imown to me to be the individual described herein, who executed the within and foregoing instrument, and aclrnowledged that signed the same as a free and voluntan• act and d-ed far the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand d affixed my official seal the ~,av ar,d year first above written. ,~ " O ARY PU C, Q 30-95 - L hty commissi . pirez: 0~lGl~~iAL EXHIBIT A to the Site Lease Agreement dated March _ j 1994 between Cirv of Whew[ Ridge, az Landlord, and Denver Cellular Telephone Company, as Tenant Leal Description The property is legally described az follows: Parcel I Lot I, Block 3, Barth's subdivision eccepting the north half of the east half of said lot and the west 6 feet of said lot therefrom. Parcel II N/2 E/Z of Lot I, Block 3, Barth's subdivisions County of Jefferson State of Colorado . EXHIBIT B to the Site Lease Agreement dated ~~tarch .1994 between City of Wheat Ridge, as Landlord, and Denver Cellular Telephone Company, as Tenant The location of the Premises (including easements) within the ProperR~ is more particularly described or depicted as follows: Sife plan/construction drawings will be provided by Tenant. Landlord's prior consent to the plans and specifications shall be required. Upon Landlord's approval of said plan/construction drawings, the drawings shall become Exhibit B to the lease. See Exhibit B i attached hereto representing a preliminary drawing of the antenna facilities 'T a ~ _ U }III-J :.. I~_ 'r T ~U.. ~ r c3 N d `c tC G O ~ ? ~ U c.. ~'~~ c 0 O c ~ G c ~. X ~ a ~3E- co o ~ 4 >, ~ U•`~~ ~U c U _1 U •- U U =~~ V] U U U'n 0 ~ .: e x ~ ~ ~ ~ ~ ~ Ey ~ o ~ 3 k ~N g - ~~_ p., ~, s4~ ~~ ~.,,, H~ - ( ~ \v !y \ r~l - ~ ~ F ~~ ~~\\ - l~ ~ -- ~ls ~ ~ ~ ~ ~ ~ ' ~ ~ J ` { I / ~ I 'O\.; / 0 R t ~ o ~ I pT _ ~ t Q .c-.n F- I ~ U-I .I I 4 a I ~ W I v ~ ~ ~ a---_ `-. . i 1 Q v z 0 V ~((((a J~ 9 z ^Dy+ ~~Q ~S1 Q W G.x U_r a' rn _ s V7 . q ^, 8 C. -~ 3 ~' „„ W.< E ~;. i _(`_ ORIGi~~~;~,~ EXHIBIT C to the Silt Lease Agreement dated March _~ 1994 between City of Wheat Ridge, as Landlord, and Denver Cellular Telephone Company, as Tenant Environmental Laws As used in this Lease, "Environmental Laws" means all federal, sate and Ioca1 environmental ]aws, rules, regulations, ordinances, judicial or administrative durees, orders, decisions, authorizations or ptrmiu pertaining to the protection of human health and/or the environment, including, but not Limited to, the Resource Conservation and Recovery Act 4Z U.S.C. §§ 6901, et se.~, the Clean ,qtr Act 42 U.S.C. §§7401, et se__g_, the Federal Water Pollution Control Act, 33 U.S.C. §§12d 1, et seg•• the Emergency Planning and Community Right to Know Act, 42 U.S.C. §§ 1101, et sea.. the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601, et s_eg, the Toxic Substances Control Act, 15 U.S.C. §§2601, et seq.. the Oil Pollution Control Ac[, 33 U.S.C. §§2701, et seq.. and Colorado (state laws), or any other comparable local, state or federal statute or ordinance Pertaining to the environment or natural resources and all regulations pertaining thereto. This de.5nition includes all federal, state or focal land use laws dealing with environmental sensitivity including, but not !united to, laws regarding wetlands, steep slopes, aquifers, critical or sensitive azeas, shorelines, fish and wildlife habitat, or historical or archeological significance. As used in this Lease, "Hazardous Substance" means any hazardous or toxic substances as defined by the Comprehensive Environmental Response, Compensation and Liability Act, as amended from time to time; any hazardous waste as defined by the Resource Conservation and Recovery Act of 1976, as amended from time to time; any and all material waste or substance defined as hazardous pursuant to any federal, state or local laws or regulations or order; and any substance which is or becomes regulated by any federal, state or local governmental authority; any oil, petroleum products and their byproducts. ~~iu'l~~l~'~L to the Site !.ease Aztc.-.naa dazed Mazca _~ 1994 betwun Cih~ of Wheat Ride, as Lanalorct and Denver Cellulaz Tefepiwae Company, as Tenant INTERGOVERNMENTAL AGREEMENT Attachment 2 This Intergovernmental Agreement ("Agreement"} by and between the City of Arvada, a Colorado home rule city ("Arvada"), the City of Lakewood, a Colorado home rule city ("Lakewoed"l, the City of Wheat Ridge, a Colorado home rule city ("Wheat Ridge"), (the three cities shall collectively be referred to as the "Municipalities"), and the County of Jefferson, a body politic t"Jeffco'), ail collectively referred to as the "Parties', is made this •~~ day of Juiy, 7 992. Witn .ssPrh; WHEREAS, the Forties wish to provide for the installation and use of a microwave system to operate audio visual equipment for municipal court arraignments and hearings between prisoners being held at the Jefferson County Jail and municipal coups located in Arvada, Lakewood, and Wheat Ridge thereinafter referred to as the "Project"); and WHEREAS, significant savings and enhanced service are possible by cooperating in the planning, acquisition, installation and operation of the Project; and WHEREAS, C.R.S. § 29-1-203, as amended, enables the Parries io enter into intergovernmental agreements for any lawful purpose. and cooperating in ~ the installation and use of a microwave system is such a purpose; and WHEREAS, the Parties desire td enter into this Agreement in order that during the course of installing and operating the microwave system of the respective Parties, such benefits as may be realized by cooperative efforts between the Parties are realized. Now, therefore, in consideration of the above and the mutual covenants made herein, the Parties agree as follows: 1. Microwave Svstem for OoPration of A dio Vi ual Eo foment This Agreement is adopted by the Parties as a contract for cooperating in the design, acquisition, installation, and the operation of a microwave system to operate audio visual equipment. The microwave system includes microwave transmitters and receivers, associated multiplex equipment and cabling {hereinafter "MS"1. This Agreement also is adopted by the Parties as a contract for the financial responsibilities of the Parties for the MS. e.o~zi~ocxs ~ Of ~4 '~RsGI! ~~~- (a1 The Parties shall' cooperate insofar as practicable and as mors fully set forth below in the design, acquisition, installation, and operation of the • MS of the Parties_ The Parties hereby agree to cooperate upon those matters involving the MS which are of mutual benefit and interest, and which are mare fully described below. (bl Those aspects of the Project upon which the Parties do hereby agree to cooperate are generally enumerated as follows: (11 The acquisition, design, location, cost, installation, and maintenance of microwave dishes, zntennas, and other related equipment to be installed at the Jefferson County jail (the "Jeffco Site"1. (21 The acquisition. design, locatien, cost, installation and maintenance of microwave dishes. antennas, and other related equipment to be installed on a tower located at and awned by Wheat Ridge (the 'Wheat Ridge Site"J. {3) The schedules far use of the MS by the Parties at mutually agreeable limes. 3. Acouisition of MS. {al Arvada and Lakewood shalt acquire the MS as specified in the attached Exhibit A, incorporated herein by reference (Bid Request). (b) Arvada and Lakewood shall acquire the MS referenced in Exhibit A from STl Mobile Communications, pursuant to the terms as stated in the attached Exhibit B, incorporated herein by reference (B;d1. (c1 The MS installed at the Wheat Ridge Site and the Jeffco Site shall be jointly owned by Arvada and Lakswood. Arvada shall own the MS installed at the Arvada City Hall for this Project, and Lakewood shall own the MS installed at the Lakewood City Hall for this Project. {d1 Arvada and Lakewood jointly shall pay all installation costs of the MS. Such costs shall 6e splitequa(ly between Arvada and Lakewood. Arvada and Lakewood are each individually responsible for the cos[ of the MS to be installed at their own facilities. 8,0 )27A87t 2 of 14 1~ (e} The purchasing managers at Arvada and Lakewood, with the cansentof the respective city manager, shat! be authorized to effect all matters relating to procurement. (f) Each Municipality shall be responsible far the acquisition, design, locatien, cost, installation and maintenance of the complementary audio visual equipment necessary to be located at or near each such municipal courtroom which is necessary for the operation of the MS. qn ~~ audio visual equipment installed shall be owned by the Munidpality so installing it at its location. Jeffco already has complementary audio visual equipment for this Project. Jeffco agrees to maintain its audio visual equipment in operable condition during the term of this Agreement. (g1 fn consideration of Arvada and Lakewood paying all installation casts and equipment casts for the MS to be installed at the Jeffco Site, as referenced in paragraph 2 (b){1} above, Jeffco agrees to provide the Jeffco Site for the installation and operation of the MS, as well as the use of the audio visual equipment installed at the Jefferson County jail, at no charge to Arvada, Lakewood, or Wheat Ridge. Jeffco shall supervise the installation of the MS at its Site. (h) In consideration of Arvada and Lakewood paying alt installation casts and equipment costs for the MS to be installed at the Wheat Ridge Site, as referenced in paragraph 2 (bl(2) above, Wheat Aidge agrees to provide a tower for the installation and operation of [he MS at no charge to Arvada or Lakewood. Whear Ridge shall supervise the installation of the MS at its Sire. (i) Any and al! damages assessed due to delay against a contractor related to the MS shall be divided equally between Arvada and Lakewood. ¢. Audio Visual Eauioment Soe ifications {a) Each of the Municipalities shall be responsible for the design, without limitation, except as provided herein, of the audio visual equipment to be installed at its own location. (bl The Parties shall cooperate in the design specifications of their respective audio visual equipment so as to maximize integration and design features not otherwise unique to the needs of the respective Parties. If Arvada and Lakewood require Jeffco to change its existing audio visual equipment to complement the MS and Project, Arvada and Lakewood agree to pay for any such changes. This section does not apply to e.a 7zt,aeza 3 of 14 ui,l~I maintenance of Jeffco's current equipment, as referenced in paragraph 3(f) above. 5. Wheat~Ridge Tower. {a1 The Parties understand and agree that an existing tower located at 7500 West 29th Avenue, Wheat Ridge, Colorado, and all guy wires, support structures, fences, pads, grounds, lighting, backup, heating, ventilation, fire protection, wiring, or other improvements required for operation of the tower (hereinafter re#erred to as the "Wheat Ridge Tower'j sttal! be owned by Wheat Ridge. {b) Arvada and Lakewood shall obtain all applicable permits, licenses, rules, regulations, orders, and ordinances required by any duly authorized federal, state, or local agency and shall keep said permits up-to~ate for the construe;ion and operation of the Wheat Ridge Tower. {cJ Upon completion and licensing of the Whea[ Ridge Tower, Wheat Ridge may utilize the Wheat Ridge Tower for such purposes as are consistent with this Agreement, whether or not the Parties are currently utilizing the Wheat Ridge Tower. Wheat Ridge shall be responsible, at Wheat Ridge's expense, far the full cost of upkeep and maintenance of the Wheat Ridge Tower. (dl In the event of a contractual dispu[e with the contractor involving the actual installation of the MS at the Wheat Ridge Tower, Arvada and Lakewood shall share the expense of obtaining outside legaE counsel equally if such counsel is agreed upon 6y Arvada and Lakewood in prosecuting or defending any action. 6. ~effco Tower. (a) The Parties understand and agree that a mounting structure, to be located at the Jefferson County jail, (hereinafter referred to as the "Jeffcn Tower"j shall 6e owned by Jeffcn. {bl Arvada and Lakewood shall obtain a(I applicable permits licenses, rules, regulations, orders, and ordinances required 6y any duly authorized federal, state, or local agency and shall keep said permits up-to-date for the construction and operation of the Jeffcn Tower. (cl Upon completion and licensing of the Jeffcn Tower, Jeffcn may utilize Jetfco Tower for sucn purposes as are consistent with this Agreement, whether or not the Parties are currently utilizing the Jeffcn Tower. a.a~airoexa 4 of 14 ORiGi~~~ Jeffco shall be responsible, at Jeffco's expense, for the full cost of upkeep and maintenance of the Jeffc^ Tower. (dl ~In the event of a contractual dispute with the contractor involving the actual installation cf the MS at the Jeffco Tower, Arvada and Lakewood shall share the expense of obtaining outside legal counsel equally if such counsel is agreed upon by Arvada and Lakewood in prosecuting or defending any action. 7, Use of MS. (a} The MS at the Wheat Ridge and Jaffco Towers shall 6e exclusively used by Arvada, Lakewood, Wheat Ridge and Jeffco unless ail Parties agree in writing to grant rights to third parties. The Parties covenant and agree to take no actions, nor to permit any actions to be taken, which have as its purpose or effect the exclusion or hindrance of any other Party in the use or physical access to the MS. (b) The Parties agree to use the MS only for such purposes as are consistent or necessary for the operation of the MS. Any duly authorized repre- sentative of any Party designated by the respective Party shall be authorized to have access to the MS at reasonable times with advanced notice. Alf persons seeking access to the MS, shat! have adequate proof of identity and authorization for entry and will provide such proof as may be reasonably required by any MS security personnel or procedure. (cl The Partie_<<, upon written mutual agreement, may permit other govern- mental entities to use or lease the MS or a portion thereof. In such an event, the Parties must a!I agree in writing to permit the proposed use by the other governmental entity. Any such governmental entity shall execute with the Parties an agreement specifying the terms and conditions of the use of the MS, and a fee to be paid to Arvada and Lakewood to offset the investment in installation and equipment of the MS. Any increase of cost due to additional user(s) shall be born by the additional user(s). Net revenues generated by any lease of the MS shall be shared equally by the Municipalities. (d! No Party may convey any ownership or assign any leasehold interest to the MS to any third party during the term of this Agreement, extent with the express written permission of the other Parties. (e} Arvada or Lakewood may, from time to time, suspend its use of the MS. T7i~ suspending Party wilt advise Lhe other Parties in writing of any Such suspension of use. B.O 7IlAeI4 Sof74 //s, 1 U~iL•f~~~,`1L 8. 9. (a} Both Arvada and Lakewood shall have equal access to the Towers as 'Provided in Section 7 above. Ib) The Parties understand and agree that the use of certain equipment will be shared among the Parties (hereinafter "Shared MS Equipment). This MS equipment shall include at a minimum, buc is not limited to the following: Microwave transmitters and receivers inctuding antennas, associated control equipment. and system switches located at the Wheat Ridge and the Jeffco Sites. Arvada and Lakewood shall own the Shared MS Equipment as joint Tenants. Neither Arvada nor Lakewood may sell or lease said Parry's interest in the Shared MS Equipment without the express written consent of the other. (cJ Cast of operation, maintenance, and upkeep of the Shared MS Equipment shall be divided equally among Arvada and Lakewood. (f Wheat Ridge decides in the future to use the MS for video arraignments in Wheat Ridge's municipal court, Wheat Ridge agrees to share this cost for operation, maintenance and upkeep of the Shared MS Equipment with Arvada and Lakewood. Such costs will be divided equally among the Municipalities as of the date Wheat Ridge is first equipped to operate video arraignments. Jeffco shall not be responsible for the cost of operation, maintenance or upkeep of the MS. Future Modifications. (a} No Party to this Agreement shall change, modify or permit modification to the MS in a manner which will interfere or prevent i[s use by any Party. (bl Such modifications as may be mutually agreed upon in writing may be made to the MS. The expense of such modifications shall be paid based upon the benefit received by the respective Party. (7i If the modification is to the benefit of all Parties equally, then the cost shall be shared equally. (2} If there is no or de mrrrimrs benefit to the other Parties. the benefitted Party wit( pay the entire casts of the modification. a.o rn ioa z< 6 of 74 U~-Ci~llvl~L fc} 5utrject to the provisions of this section, the Parties are authorized to and agree to modify and update the MS to comply with licensing and permit requiremenu as may be necessary, and to maximize the ,effectiveness and longevity of the MS. 70. (nsu~~ (a} All Parties shall maintain such property and persona! liability inswance or self insurance and under such terms as each Party Wray separately require. Ttte Municipalities shall name the other Municipalities in this Agreement as additional insureds on their respective policies for purposes of this Agreement. None of the Municipalities shall list Jeffco as an additional insured on their respective policies for arry purpose or condition arising out of this Agreement. {b} Each Party shall maintain statutory workers' compensation insurance or self insurance on its awn employees. 17. ri (aj Wheat Ridge shall provide such security at the Wheat Ridge Tower as may be required. The Wheat Ridge Police Department shall he authorized to enter the Wheat Ridge Tower for security purposes at all times. There shall be no cost to the other parties for such service. (b} Any security provided by Jeffco for the Jeffco Tower shall be at no cast to the Municipalities. The Municipalities have no obligation to provide security for the Jeffco Tower. (c} Wheat Ridge and/or Jeffco, as the case may be, shall notify the ocher Parties as to security breaches or investigations regarding the MS and Towers. The other Parties shall cooperate and assist in such investigations. 72. Maintenance of the MS. {a} The Parties may provide maintenance at their own sites in any manner deemed appropriate. The Parties may perform maintenance themselves or jointly contract for all or part of the MS' maintenance requirements. (b) Any routine maintenance provided by Wheat Ridge such as repairs of guy wires, replacement of lights, touch-up painting, and grounds maintenance as needed at the Wheat Ridge Tower shall be done at no cost to Arvada, Lakewood, or Jeffco. Q.a 731,903 7 of 14 {cf Any routine maintenance provided by Jeffco such as repairs of guy wires, replacement of lights, touch-up painting, and grounds maintenance as needed at the Jeffco Tower shall be done at no cnst to - Prvada, Lakewood, or Wheat Ridge. 13 6.0731 Ae7< Term of the Anre m .nt (a} Except as provided hereinbelow, this Agreement shall remain in foil forge and effect for so tong as the MS and Towers are utilized by any Party for the purposes set forth in this Agreement. (bj 8y mutual written agreement, this Agreement may be modified in such manner as is acceptable to the Parties. (cl No Party may terminate this Agreement before August 1, 1995 without the written agreement to terminate by all Parties. Arvada andlor Lakewood, however, may suspend use of the MS at any time, as discussed in paragraph 7(el above. Aher August t, 1995, any Party may terminate this Agreement after giving the other Parties six months notice of intent to terminate. (dl Any proceeds from sales in the event of termination of the Agreement of MS shall be equally shared by Arvada and Lakewood. Proceeds from [he sales of surplus MS equipment, whether or not the Agreement is terminated, will be shared equally by Arvada and Lakewood. (e} Suspension of use of the MS by Arvada, Lakewood, or Wheat Ridge shall not resin[ in termination of this Agreement. (f1 Abandonment of the Towers or suspension of use of the MS by all Parties for 18 consecutive months shall be construed as a collective termination of this Agreement, unless otherwise agreed by the Parties. (g} If terminated by mutual consent, Arvada and Lakewood may be entitled to either salvage such MS equipment as may retain useful life, or collect from the other 50% of the salvage value if the other seeks ownership of such MS equipment: or receive 50% of the revenues generated at disposal of the surplus MS equipment. If the Parties cannot agree as to the manner of disposal or value, then the MS equipment shat! be disposed of at public auction and the proceeds from that auction divided equally by Arvada and Lakewood. B of 14 ~1~,1~11Vr~~ (h) Upon termination of the Agreement. Wheat Ridge and Jeffco may dispose of any interests in their land on which the Towers are located to such a manner as deemed appropriate by Wheat Ridge and Jefft;o. The proceeds of any sale of interests in land shall be retained by Wheat Ridge • and/or Jeffco as appropriate. (i) Nothing in this Agreement shall prevent either Arvada or Lakewood from conveying by sale its interest in the MS Io the other Party upon such terms and conditions as may be mutually agreed upon by Arvada and Lakewood during the term of this Agreement. 14. ,~(jfZjBGT t0 AOOrOnflatlOnS. In the event that funds, for any reason, for acquisition and construction are not appropriated by the respective City Councils or Board of County Cammissianers for the Project. then this Agreement shall be treated as null and void and of no further effect. To the extent possible, the Shared MS Equipment shall be divided equally between Arvada ana Lakewood. provided that Arvada and Lakewood shall have paid for any MS equipment to which they seek title. Any MS equipment which cannot ba allocated shall be disposed by Arvada and Lakewood at public auction or by such other means as may be mutually agreed upon by Arvada and Lakewood, and the proceeds shared equally. 15. Disoute RPSOlution. (a) The Parties understand that joint ownership and collective operation of the MS may from time to time require ihterpreta[ion and resolution of differences or disputes. Each Party hereto agrees to meet and confer with the other Parties prior to the initiation of legal action in the event of such differences, disputes, disagreements, or controversies. (b} .Meeting and consulting shall consist of the following steps: (11 Any differences or disputes shall be identified in writing by a designated administrative staff member and the other Parties shall be so advised of such dispute or difference in writing. The Parties shall then attempt at the administrative level an informal resolution of any dispute or dif'erence. (21 If resolution as provided in subparagraph (61(11 of this section fails, the city manager/administrator (hereinafter "manager") of each city and a designee on behalf of Jeffco will be apprised in writing of the dispute and current status thereof from Its respective administrative staff. The managers or their designees a.0711~062a 9 of 14 /1 P (' i i /^ '~ U!\1 Lii~)t`~~ shaft meet within S 0 business days of such notice and attempt to negotiate a resolution. Any resolution shall ba memorialized in writing by the Parties. Tha Parties may, but are not requirEd, to authorize a third party non-interested, non-binding facilitator to assist any such mae;logs for ttte purposes of resolution. Failure to meet within the 10 working days time period, unless waived by all ?arties, shalt release the Parties from further oizilgation to observe dispute resolution procedures with respect to the identified dispute. {3} If all Parties agree in writing that one Parry is not involved in the dispute, the uninvolved Party may opt out of participating in the dispute resolution. (4} The city managers or county designee may agree to continue negotiations for such time as is mutually acceptable. During negotiations, no Party may initiate legal proceedings. (5} Any Parry may, after the initial city manager meeting, or in the event that one city manager/designee refuses to meet with the others, terminate further discussion or negotiations, and commence such (ego! proceedings as may be reasonable and proper. 16. Svstem Failure _ __ In the event the MS is unavailable for a municipal court hearing, Jeffco shall notify the Municipalities as early as practically possible, and such Municipalities steal( be responsible far either: (al transporting the detainees to the appropriate municipal court or, (bl arranging for a municipal judge to conduct the heating at the County Jail; provided, however, roar the sufficient prior notice is given to Jeffco so that Jeffco can make the necessary arrangements for such hearing. If the operation of the MS interferes with the operation of existing or future equipment, activities or operations at any of the Sites, any of the Parties shall have the right to suspend operation of the MS until such time as said interference is eliminated. Any expense associated with the correction of the MS interference shall be borne by Arvada and Lakev~•ood_ Arvada and Lakewood agree to exercise any legal rights they may have against the contractor in order to remedy any interference problems. 0.0711go3~ 10 Of 14 1~ ;I ~. j'J~ it{~ jit~'- The parties may adopt such internal rules, regulations and procedures not inconsistent with this Agreement as deemed necessary and advisable to conduct municipal court hearings using the MS. ~17. biabilirv No Party shall be responsible to any other Party for any damage, equipment failure or defect to the MS, including without limitation, technical interference or signal degradation caused by the location, operation or use of iha MS. 18. Sevarabilirv. If any portion of this Agreement is held by a court in a final, nonappealable decision to be invalid or unenforceable as to any Party, onty that porzion shelf be invalid and unenforceable and all other portions snail 6e treated as valid and of full force and effect to the fullest extent possible. 19. Waiver of Breach. A waiver by any Party of this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any Parry. Zt7. $gneficiaries. _ The Parties, in their corporate and representative governmental capacities, are the only entities intended to be the beneficiaries of the Project. 21. Enforcement. Subject to the requirement of Section 15 hereinabove, any Party hereto may enforce this Agreement by any legal or equitable means including specific performance, declaratory and injunctive relief. No other person or entity shat( have any right to enforce the provisions of this Agreement. No other governmental entity or third parry, through lease or use of the MS, shall be considered a parry hereto as a consequence of such lease or use. 22. Governing bow and Venue This Agreement shall be governed by [he laws of the State of Colorado, and venue shall be in the County of Jefferson. a.oni ~oaza li of 14 ~ ' , ~ ~pi~•!I~'~i- 23. Effective Date and Term. This Agreement shall become effective upon signature of an authorized repres'e~ntative of the governing bodies of each Party. Except as provided heroin, this Agreement shad remain in effect in perpetuity unless terminated as provided in Section 13 above. 24. ~rty Reoresentatives. Referrals made under the terms or this Agreement shall he sent to the PaRies'. representatives as follows: Entity City of Arvada City of Lakewood City of Wheat Ridge Jefferson County Peoresentative Ciry Manager 810} Ralston Road Arvada, CO 80002 City Manager 445 South Allison Parkway Lakewood, CO 80030 City Administrator 7500 West 29th Avenue Wheat Ridge, CO 80033 Sheriff 200 Jefferson County Parkway Golden, CO 80419 Name and address changes far representatives shall be in writing, mailed to the other representative at the then-current address. THIS AGREEMENT made and entered into to be effective on the date set forth above. a.oizti~aaza 12 of 14 ~Rl~ii~~~!_ CITY OF ARVADA ~~~ Mayor ~' Date ATTe ~~ tss.rc. ~/ City-Clerk ( / VED AS TO FORM: CITY OF LAKI=WOOD Arvada City Manager Oate ATTEST: City Clerk ,~pF LAKf~`•• 'U V f •..~ 7 ,~ tSEAL. ~~LORA~~ 0.0)IIAeZt APPROVED AS TO FORM: "~~~ ~ ~ ~,~~-sue [a ~ood City Attorney 13 of 14 CfTY OF WHEAT RIDGE Sy: Mayor ATTEST: City Clerk 7~z F~4 ~- Date APPROVE T)~ M: C _ Wfieat idge City At or ~~l ~ ~- Date APPROVED AS TO FORM: ~~~-i ~~c.fllt.y ~~Jefferhon Coun,Ty Attorney V a~rztroaza 14 of 14 ATfFST: / ~) r // Deputy Clerk and Recorder STATE OF Colorado ) ss. COUNTY OF Jefferson ) The foregoing instrument was acknowledged before me this ,~ day of ', /. ~ , 199, by Dan Wilde as Mavor on behalf of the City of Wheat Ridge. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the d?y and ;ear first above written. /h .GcX.c.E~~~ Notary Publi and t r the State of ~ ~ •4/' , residing at .~~ - ' ~ r:_ My appointment expire . iA/Y~. /_ ~ .1 i , STATE OF Colorado ) ss. COUNTY OF Jefferson ) The foregoing instrument was acknowledged before me Phis ~ day of ///' 199, by ~rr.~aa.n G , ~r4Ff~ as City Attorney on behalf of the City of Wheat Ridge. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. reslding at ~ // My appointment •+ STATE OF ~>()(()t (,(~,G ss. COUNTY OF ~'.~~i'~~ ) __ The foregoing instrument was acknowledged before me this t ~ day of '~ Lv+ ~ , 199 t0 -_ by navld L. Jones , as nirartm Fngineerinq R Network Ooaratinnc of Sprint Spectrum L.P., a Delaware limited partnership, on behalf of the partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my o~cial seal the day and year first above written. ~~~r~~• • Notary Pu6'c in nd fo the State of,~U ~ ~ residing at ~[.i. 1j _ _ (~(,~ _ __~C My appointment expires:__ /,, / ,~ ~ ~ i .. ~`~FU~LlC .~ ., O~-..._...- ~~ F CAL '~..a.~ 1 ~~ r, ~~ r m' ~' 0~ ,. a GK(Gi~~!,!~L FILED FOR RECORD AT THE REQUEST OE AND WHEN RECORDED RETURN TO: Sprint Spectrum L.P. Attn: Property Dept, 4700 5. Syracuse Street, #600 Denver, CO 80237 Site Name Wheat Ridae Munitower Memorandum of PCS Site Agreement Quad No. 45-58-06-Y1 Thi emorandum evidences that a lease was made and entered into by written PCS Site Agreement date5f/~ ~ ~~ `~ 19~, between City of Wheat Ridae ("Owner")-and Sprint Spectrum L.P., a Delaware limited partnership ("SSLP"), he terms and conditions of which are incorporated herein by reference. Such Agreement provides in part that Owner leases to SSLP a certain site ("Site") located at 7500 West 29th Avenue, City of wheel Ridge, County of Jefferson, State of Colorado within the propgrty of Owner which is described in Exhibit A attached hereto, with grant of ease ent for unr stdcted rights of access thereto and to electric and telephone facilities for a term of five (5) years commencing on Gc ' t ! , 19~L~, which term is subject to four (4} additional five (5) year extension periods by SSLP. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first above written. "OWNER" City of Wheat Ridge Name: Dan Wilde Title: Ma or / App o~s to fq~~~~~~ ay: .. i..9 rl' Name: CSC G~,dcpi ~=, . (. //A,I+L, Title: Citv Attomev Gera 1 d E. Dah 1 Address: 7500Wast29LhAvenue ,__„__. , Wheat Ridge. CO 89215-6713 "SSLP" Sprint Spectrum L.P., a Delaware limite partnership By: ` ~ ~: Name: Q8vid L. Joi18S Director, Engineering 8 Network Operations Title: Address: 4700 S. Svracuse Street Suite 600 Denver. CO 80237 -- o~~~~~~~ti_ Version 2.0 - - -- - EXHIBIT A* Site Name Wheat Ridge Munitower - - Quad No- 45-68-06-Y1 _ Site Description Site situated in the City of Wheat Ridge, County of Jefferson, State of Colorado commonly described as follows: Legal Description Parcel I Lot 1, Block 3, Barth's Subdivision excepting the north half of the east half of said lot and the west 6 feet of said lot therefrom. Parcel II N/2 E/Zof Lot 1, Block 3, Barth's Subdivision except the East 25' as described in Book 722 at Page 353. _ - County of Jefferson State of Colorado - - - - Also known as: 7500 West 29th Avenue County of Jefferson State of Colorado Version 2.0 EXHIBIT A~ Site Name Wheat Ridae Munitower Sketch of Site: i I Site Description Continued West 29th Avenue i 'o m 0 3 N A -" ~ ~ ~ Quad No. 45.58-06-Y1 L. Existlng Munidpal Building 'roprsed SSLP Leasa Area Tower iti Proposed SSLP Equipment Loc - ApProwmalely 200 sq. R Power Transformer !I (relw Panel located inside building)-Y _ l HOT TO SCALE ~Wner Inltiai5 SSLP Initials Note: Owner and SSL ay, at SSLP's option, replace this Exhibit with an exhibit setting forth the legal descripficJn of the property on which the Site is located and/or an as-built drawing depicting the Site. STATE OF Colorado ) ss. COUNTY OF Jefferson ) The foregoing instrument was acknowledged before me this .~ ~'~' da of ~/ /,'/ . Y 199/ by Dan Wilde as Mavor on behalf of the City of Wheat Ridge. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and ;year fit•st above written. Notary Publi~ri and for the State of % ,.~ ~ O ~) residing at G/// S. X71 r~ 'SGT My appointment expires`~~'^/I~1~l ,~~ ~~~,/~ STATE OF Colorado ~ ss. COUNTY OF Jefferson The foregoing instrument was acknowledged before me this~~ day of l.C, ;f.~,;~ igg_, by ~~ ~ • c7r7N~ as Citv Attorney on behalf of the City of Wheat Ridge. v IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. residing at °/'/, My appointment of STATE OF CF~~/~ t"C~-l~ Ci ) . _ --- ~ ) ss. COUNTY OF C J:;,"'iY~,C%Qy ) ((l The foregoing instrument was acknowledged before me this ~ `t day of ~, 199, by David L. Janes as f Sprint Spectrum L.P., a Delaware limited partnership, on behalf of the partnership. IN WITNESS WHEREOF, I have hereunto sef my hand and affixed my official seal the day and year first above written. Notary Pt)blic i arld for the St~dte of residing at ` (, \ C My appointment expires: - (~ ;~QQ~ NARY ~~: 0~ ~~ pueuc 1Q;;' %°o oQ' ~1~ I 1 t The City of - - - ~Whe at ADMINISTRATIVE PROCESS APPLICATION ~Rid~re Department of Planning and Development b 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (3031 237-ticaaa Applicant Sprint Sz~ectrum T ~ Address 631 4_ F;dd1 r ('rn 910 TPhone Englewood, ~ 8Q~111 -~ ~ 15 Oo-meY City of Wheat Ridae Address 7500 West 2 h n.,A P_horie f40~~2~_tig4¢ Wheat Ridge, CO -8:0033 Location of request Municipal Telecommunications Tower - _ Type of-action requested (check one or more of the actions listed below' which pertain to your request.) ^ Change of zone or zone conditions 8 Variance/Waiver. Site development plan approval Nonconforming use change Special use permit Flood plain special exception - Conditional use permit Interpretation of-code _ Temporary use/building permit Zone line modification -- Minor subdivision Public Improvement Exceptioh Subdivision Street vacation ` 8 Preliminary Miscellaneous plat Final Solid waste landfill ^ ** See attached procedural guide O mineral extraction/permit for specific requirements. ^ ther - _____.__ Detailed D scription of request REquest to place up to 9 panel antennae on mun~.cipa~ tower. ,_ -- - List all persons and companies who hold an interest in the d_escrib_ed real property, as owner, mortgagee, lessee, optionee, etc. - '` NAME ADDRESS PHONE Sprint Spectrum L.P. 4700 S. Syracuse St, Suite 600, Denver, ~ 80237-(303)488-9396 i y o ea i ge venue, ea ge, _ ~-- - - - I certify-that the information and exhibits herewith submitted_ar-e-.true-and correct to the best of my knowledge and that in filing this application, I _ am acting with the knowledge and consent of those persons listed above.;.-- without whose consent the requested actior, cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney f"rom_the owner which approved of-this actin on his be lf. -` Signature of Applicant Subscribed and sworn to me this ~ da of SEAL U v +~otary Public _ My commission expires-_ a +~a l.C f[CliC1Ve(1 Receipt No. Case No co ~ M O N ~ z ~ N ~ x N Q N ~ O Z O O W Z y Y ~ U W_ U O O o ' O ~ ~ z O a z 0 a U O Z W F Q W U O Z s [OH m H H ~ ~ v O W o > i ~ Z ia ~~ ~w ~ E d ~ w , „ -~ w U =' ~ ~ ? o v o W / ~ Q M 4 4 Y y Clit G; WIiEAT RIDGE' ---_ ' F,'ECEii'T h!d;C002~G5 AMOt7tdT *~15D Zutdlt~IG ni'l;'LILATIGN'F 54. {?4 FAYIIENT Ii~.CEIVEIi t~MGLlNT LK ~~~JI],) JO. ~l~i TGTAL 5,n,nn CITY OF WHEAT RIDGE-MEMORANDUM TO: Sean McCartney, Planner FROM: Paul R. Edwards Purchasing Agen SUBJECT: Chronology of Sprint Contract DATE: December 3, 1996 The following is a chronology of the events regarding the contract with the City of Wheat Ridge and Sprint Spectrum. 5/21/96 This is the approximate date -that negotiations began between the City of Wheat.Ridge and SBA of Denver (Representing Sprint): 7/16/96 A final draft contract was completed-which would rent space on the tower .located at the municipal building. 7/22/96 Authorization was requested to sign a contract with Sprint and was approved by the City Council. 8/1/96 The contract was signed by the City of Wheat Ridge. 8/14/96 The contract was signed by Sprint and $`100.00 was received by the City for signing the contract. 8/28/96 The removal _of -the equipment from the dock area where Sprint's equipment was to go was completed. $1,250.00 was contributed by Sprint. 9/10/96 The City of Wheat Ridge received its first year's rent of $12,000.00 for the space on-the tower. If there are-any additional please let me know. Also, complete contract with Sprint. questions regarding the- above find attached a copy of the cc: Ann. Prouty, Sprint Spectrum/SBA - SBA of Denver, Inc. Wireless Communications Consultants National S:International SBA of Denver, Inc. 6312 S. Fiddler's Green Circle, Suite 510N Englewood, CO 80111 FAX: (303)770-5082 Phone:(3D3)770-3830 January 7, 1997 Mr. Sean McCartney Planner City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80215-6713 Re: Wheat Ridge Municipal Tower Proposed Sprint PCS Facility; Temporary Use Permit Application Dear Sean: Enclosed please find 12 sets of color photosimulations for the abovementioned Sprint PCS TUP application. Please pass these phososimulations on to the Board of Adjustment for review. In addition, enclosed are copies of letters sent to Sprint PCS and SBA by the Arvada Police Department, Lakewood Municipal Court, Jefferson County Sheriff, Edgewater Police Department, and AT&T. These letters indicate that the parties have no objections to Sprint PCS's proposed facility on the Wheat Ridge tower. It is SBA's understanding that Meredith Reckert of your office will obtain a similar notice of consent from the Wheat Ridge Police Department. Please pass these letters, including the letter from the Wheat Ridge Police, on to the Board of Adjustment for review. The following outlines the Board of Adjustment posting and review schedule, as understood by SBA. Please notify me immediately if any of the following information is incorrect: Posting/Notification Thursday, 1/9/97 Applicant to post for public Hearing signs, City to mail and publish notices Public Hearing Thursday, 1/23/97, 7:30 pm Waiting Period Prior No waiting period; building permit to Building Permit may be picked up on Friday, 1/24/97 Pickup if approved by Board of Adjustment Thank you for all of your help. Please call me at 770-3830, extension 115 if you have any questions or require further assistance. Sincerely, APro~~~ Zoning Specialist cc: Gary Pultz, Sprint PCS Jeanette Wunsche, SBA PROPI: SBR DENVER <- J FRX NO.: 3037708002 01-23-97 01 :25P P.01 SBA of genver, Inc. • Wireless Communications Consultants National & International 8312 South Fiddler's Green Circle Suite 590 North Englewood, Colorado 80111 Fax: (303) 770-5082 Phone: {3a3} 770-3830 FACSIMILE TRANSMIS51t7N TO: ~~v~:}~j1y,~r,FR4M: ~~ i~'v GOMPANY:~,L~~'~p,~ [}ATE: FAX: ~~. . - -- - Yvu should receive,~page(Sj including this one. If you do not reociVe atl pages, Call (303j 770 - 3830. MESSAGE: THE BVFORJ9ATION CONTANED 1:'Y THJS FACSIMILE [S PRIVYLEGEU AND CONFIDENTIAL INPORhIAT10N INTENpED ONLY F'OR THE USE OF THE EVTENDEO RECIPIENT NAMED ABOVE. IF l'OU ARE NOT 7HE INTENDED RECIPIENT, YOC .\RE HEREBY NOTIFIED TH,~T ANY COPXING 0~ THIS C0;91DIUtiG\710N OR AIS5EylINATION OR p15TRISUTION OP IT TO ANYON$ 4THF.R THAN THE IN"FENDED RECipIEN7' I5 STRICTLY PROHIBITED. IF YOU HAVE RECEIVER Tti[S CONMUNICATIUN IN ERROR PL&a5E IMA9EDIATELY NOTIFY US BY TELEPFIONE AND RETURN THE. ORYGINAL btE55AGE TO US VI.\ T1{E U.S. POSTAL SERVICE FROM: 56R DENVER FRM NO.: 3037705082 03-23-97 03:25P P.02 M E M O R A N D U M DATE: January 23, 1997 Tt). Wheat Ridge Board of AdJust~mpent FROM: Ann Prouty. SBA of Denver Na RE: Posting of Property far TUP-gS-13 CG: Sean McCartney, Wheat Ridge Planner This memorandum certifies that the two signs required for notif'ioatlon of the ahovementioned Temporary Use Permit pufslic hearing were posted on Wednesday January 8. 1887. One sign was posted along Wadsworth Boulevard on City Hall property and the other was pasted on West 29th Avenue, also on City Hall property. On Friday, January 17, 1987. SBA of Denver teamed that one of the signs was down. This sign was re-posted on Saturday, January 18. SBA of Denver and Sprint PCS feel that a good faith effort has keen made to meet the required posting requirements. NOTICE OF PIIBLIC SEARING Notice-is hereby given of a public hearing to be held before the Wheat Ridge Board of Adjustment on January 23, 1997, at 7:30 p.m., at 7500 West 29th. Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the public hearing or submit written comments. The following petitions shall be heard: L Case No. TUP-96-13: An 'application by,SBA of Denver, Inc., for approval of a Temporary Use Permit to allow the placement of a personal communications. service panel antennae on and existing lattice tower. The property is zoned. Residential-Two and located .at 7500 W. 29th Avenue. 2. Case No. WA- - An a licati n by ©~ce Harrelson and Naomi Brown for a•v ~' nce to Sec n 26-30(I): Fence, Walls and Obstructions vie T e~^p op is zoned Residential-On and locate_ t_6800 W. 29 -Aven,,,ue. Mary L u Chapla, Secretary ATTEST: Wanda Sang, City Clerk To be published: January 3, 1996 Wheat Ridge Transcript p.~. BOX 638 TELEPHONE: 303/237-69aa The Cif y Of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 ' ~ileat Ridge January 9, 1997 This TUP-96-13 is to. inform you that Case No. which is a request :, a Temporary Use Permit to allow the placement of a personal communications for service panel antennae on an existing lattice tower. _ t d t 7500 W. 29th Avenue for e property loca a will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Coun cil Chambers of the Municipal Complex, 7500 West 29th Avenue on ' January 23, 1997 at 30 P.M. 7 All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the. BOARD OF ADJUSTMENT. As an area resident or interested party, you have the right to attend this Public Hearing and/or-submit written comments. It shall be the applicant`s responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact-the Planning Division. Thank you. PLANNING DIVISION . .. P 960 413 300 - '. W m m m t ~ I ii r .n _ _ _ _Z ~ a a ~ o W i'" ~''~ ~ f- o l "mo ~ ~~o o ~~ - ~ ~ ;, n-. .. m o o m"o •' o `" of I-- --. __ L. -- .. .. ~_ i. ` I ;P 960 413.- 301 ~ m m m m Z ~ = a ~ H m y c ~~ 8 ~ >~ 'd"• ?~ M+ n s aF z _P 960 413 302 v O W O -O C O N P? n' ~n r n ~ ~ ~ ~~ ~. Q. ~ --n ~ O a ~ ~ m P l m c T -91 Z ~ ~ O ~ I j ~+ n v oN o I ,,. • 4~ ~ z ~ r m O i T1 M z ° o v+~O c ~ ~g n ~ c ~ ° = 1 V y~ Y ~~ 9m o a m _ ~~ {~ m ~m 6 ~ ri Y+ g ~ y z m 4 0 N go _ m" r L7 ~~ LT o i 0 ' ! - o 3 .l a _ ____ _._. 09 °a m _ r~ t IMPORTANT. PLACE STICKER AT TOP OF ENVELOPE TO _ 7NE RIGkT OF RETURN ADDRESS _ - ~ rn rn .a y yn m ~ O X~ h ^y ~ ~ ~ ` c i ~ ~ 2 s , ~ I c ~ ~ ~ m ~ a ' ~ ~ -m ~ G. '°. SJ .. - ~ ~ W µ •~ ~ ¢ 'm 9 a v ~ ~ 3 ~ t -j a ~ W - ~.+ ti. j, w N '~ d ~ .~ G N - y m _ • ': i- o a ~ g ~ f FF_ 4 m - - - n :~ ^.. = n ~ _ - ; ~~ ~ }_ d 2 m ~. t H . E y - ~ ~ w R 3 ~ ,-. c~- ' s - ~ F v m cn ~ D "- m T W 7] v~ ~ X ~ ~ oS i z ~ ~ ,^ m i ~ ~ ~ ~- O ~ m l . m ~ ~ e~ m j - .n . _ y `~ 3 '~ ~n ~ 4 ..A Y. Q '. r J _ m t o L ,. Q ~ ~ ~ ~ n a F. ~ m 'a ~ ~ ~~~ ~ ~? O l 6 e C ~ -. ~ -. Z • 1w ' ..' + ~ o ~ ~ N F o ~ g C .. . ~ ~ . 3 0 ` ~ ~ ? F P' N x~ m ~' ~ ~ 3 ~ s o P ~' Z -° O d = s ~- ~ ]7 m B ~ .; ~f ~ - m ~ ~ s E „m H . ~ ~... . m n n q^ ~ .~ ' ' ~ f a_<~ ~ r m 3 y ~ _ _ _ ~ ~ „_.. ...~ p ~ rr ,j m a o m y + m rv ~ _ o Q `~ $ N i sr F to ~ .:. i.. d $ ~ z ~ _... ~ y ~ N mT ~ m ~ ! ... - ~ °w °i~ ` . . ' -.. ~ i k ~ H ' ~y\ '~: C a ~ m y _ ' ° m 3 , y ( ~ _ ~ ^ OJ V S p Q A N 6 3 ~~ ~ ~~ ~ y o may ~cf ~ ' 0 0 . . _ El V' m O - J/~n ~~ " Z o N f F m m ~ B ~; ~ ,-I D n ~ o . v o n^ c ~, ~ ~' ~a ~ ~ r ~ o ~a5 ~ j - 7J Q y 'T t'"' W . T ~ m` ~~ N m m m m N o ~ ~ o ~ oN o~ w m IU ~° a ~ m o: m '~ w ~ s N y ry N ~ ~ N ... ___.__... .,~~. ~...... _ ---_ -~. A -tscT..~.~__ __ ~~ i i A-:~ o x m P 960 417 303 _ _ ~ ______ ~ ~ W ~ r fb -~ a ~ ~ m m m . ro m v ~ I ~ Z m y~ ro N R N _ - j'p ~ . ~ _ P W ~ ~ ow z~ o c m OTS 0Y0 ~~ ` _ _ ~ ~ ~ ~ ~ (n ~ N N P 960 413 30LI a '~. ;. _ w `~ 1 ]f W a ~ ~' m c C V 7J m -~ z C ~ m m 2 - ~ ~~ fi - - m ~'~' R ~ m M ~ ._. i 77 w 0 a C Cn O m P 96L7 413 305_ f VA 4 !ui t~! ~ rr ~ ~~ a`} ~ Ca' (A'!f 1' L`~' r ~~ w ~ R Cn m m m m ~_~ ~ m 9 ~ ~ ~ ~k.. T (n ~ C x ~ ~. a , ~' m } 1 L= f () l n a 'i- - ~~. ~~ J~o N ~ .p Ny C1 Q ~ m a IMPORTANT. PLACE STICKER AT TOP OF ENVELOPE TO i 7NE RfGHT OF RETURN AODRE55. 1 m m O (D rt ~ ~ ~. Q ~ ~ ~ ~ O w • • . y a mm's ~m n a _~ ~C ~ '~ m y ~ ~ o~ ~. 7 n ~ p m ' ` ~ 3 t ~ ~ in a ~ ~+ d . _ - ^ ~ S..a o N a d n o i+. - F o ~ o V o _ F ~ ~ w ~ n _ ~ S' B o ~ ~ '~ m m t' .a ' = m ~ o ~ g ° Y ; r ~ N ~ N ~. 6 Q O p ~.~ `~ w • n~? • N s ~m o n A ~ _ , E ~O `° - ' ~ -Rf ~" a ~, .z ~ o _ __ ~ _' _ a - a' a o H ~ ~ 3 22 o m N m Q 0 F td o y g ~~ d ~ ~a _ ~~ . ~ ~~ ~~ 1 fH A+. m m m ~ ~' ~ ° o ~' 0 W • • • •N ~ ~ ° ZI ma a4~ ~ v I ""~ ~ y, 8 ' ' ~ ~ .. ]J o '~ ~' ~" q~ 9 O 6 ~ ~ @@ S Cm' . F o ~ a ^. n F A' ~ e ~ 3 ro ~ ~: r ~ - ~ ~' ~ ` G k. a " ~ ~ C ° o n i. ., ~ ? y ~.. v m m o 3 l`' %` ~ F t' a c o ~~ Ra d d ~~ ~ m ' a ~ ~ z' ~ 3 3 Q ~ n ~ ~ m ~ D ~ < n ~ CJ N -' ~ £ - ~ D' C 3 d a w z m ~. o -~ z ~ ~ ~ ~ ~ ~ ~ z \'~ m ~ ym J --- -, - -- -P 960 413 32.0 ~ji 1 1 w a O N N Cn (D G n m W W O C U7 .N.. N U) (D ~~ n (D n rt ~ lD Q. ~ o o` a °~, }•..]] 1M ?dW~~ ~ Cpl M b K Vy K • n ~ I m y z om °o $ m `^ g ; N ~ m P 96B 413 321 m ~ a f11 T RI < T C a m y z Q ~ ~i Q~ ~ m (~a p ~ a n Q, tf - o o o n T 9 ~ m r F~ ai > a ~ ~ ~o ~ ii D9 ~ y a n ~. ~ o ~ ° _ ~ ~ ~ r v ;< ~ l A p ~i i i ~ a H ~ II 1 L IMPORTANT. PLACE STICKER AT TOP OF ENVELOPE TO [ ~_ _~~ _ __ _ _ _ THE RIGHT OF RETURN ADDRESS. - _ _ ` -~-~ --~ ~ - w-.: -- - v m a .z d m ~ ~Z O /~ ~ n S A~~~ a 0 m m . - ~ ~ m ~ \C ~, n ~ ~ ' ' ~~ a. ~.c.' 1 1 v y m 3 ~ i V' ~ s s d .3 ~,w o ~.a go ~~ a m 2' ~ ~ o N n o ~ W _ ~ M ry 3 G ~ 6 '{ i° m 2 1... -. _ _ w ~ o g ~ ~ ~ ~ ~ ~ ~ H ~ g 3 _ n ..- ~ F i q O • ~ q ~ a T n ~ ~ p n d ry ? N a 2 m j 3 w 4i O ,. 7] 1 ~i-_-.- W J ~ ~ L 3 {S, C m I% T r~ Y C L ` O N ¢I O - - _- ~Ir D n ^U1 fJ • • ~`~ N a ~~~a~~m n 9 ~ v ^ ~,~ yip m ~ _ _m m A .~ ~ D i u ~ __. S 4 ~ (: ~ y n ~ o ~ ~.. w - - W (% D 2 a < ~ y T ~ m_ N a " a m Q N ~' m 0 0. F.~ 1 r.~ . w - t n ..f r ` r _ v p Q o W m ~ O ~ ~ n O ~ m ~ a m '< ~ m w 2l O n F ~ n 'a o = a o 0 ~ p ~ N y O' F tTO ~' $ 3 d ~ n ~ .1 O N p ~' 3 a w m g' 3 (~ F (~ O 6 _ ~ o ~ ~ m R n ~, z. ~ g 3 - pAi n D n O N ~ N -` Z p ~ - y ^ 01p y ~ ~ ~ a m o z a a _ E i N_ N n ~ 3 ~ " o w,o 0 W N o m 0 D z n d ~ ° ~ ¢ m ~ ~ ~ ~ ~ N N y N ,t i I_ i i i i i i i i i i i i i i i i m w.. ~ xd m C a_' d ~ '~ 8m P 9 6 ~ 413 319 , __-_ w- t ~ m ~ ~ s' ~ g ~ m° TJ W !p O Q U () (n d m < m m ti V ~ ~ ~p o= N N a ~ O c''t~a "ammo :~ mar 9m o a - z g ~ ZO ~ a A 0 ~' n m ~ g" °- '~` ~<_ y r ~ < ca O O C O N Cn n (D ~~- mg v ~ r'-a mga gm ~ ~ ~ o F h o _ C b F ~ ~ ~ E. . ` I r M s ~ ~. _ o _ ~ m ~ ~" m o t ~ 0 N y a a ~ 3 n `' $ c- d 5 N Q ~ ' Vcp~ G~ nc•Y n ~ m ~ s ~ O P. -~ p 61 m v n m ' a g O S p o g m ~ P .96D 913 3zz . _ -~ 1997 ~ ~ ~ ~ D V a_ ry {p,~} R ~ t'f H ~ ~ {b ~ r!' 1~Q0 7 M m p td f+ e `J T rt N A ~. Q. ~ 7 H~ ~U O IMPORTANP. PLACE STICKER AT TOF THE RIGHT OF RETURN a -- 1 :_ _. Q ~ m S~ y OT p n. N .11 n o i3' N a g % ` m ao ~ ^p~ mm m a W a m ~ ~ ~ y ~ p ~ o ~7 ~ r [ D ~ a p ~ ¢ w ~'o m _ B_ m O w y nm o y o . - b o " ~ ~ i; Dmm m a ~ ~ ~ Q Q ~ N ( m Z T 9 ~..~~ v N o n ~ 4-_- ~ - ' I - - - - - _ w m ~'~~ in ~ 3 w a _ __ o ~ O a o ~ ~ a I n' D _ m o < ~ o i ~ ^p-~ • . C m D rn ~ n7 ~ ~ a, c y w ~ o a ~`- 7J - ~i ~ 'ry t-+ w ~ ~ m' n' ~ ^ € ~ r- Q o ~ ~ o n -.' a ru awm t -~v S .'}~ ,_ Thagk yDU for using Return Re ' i F^ ce pt Service - .s( ~ ~..'l' . -.~ ~~ . .. ,~, 3FJ3H aH31 ONV O1 0~ ~_ - j i I ~: Colorado Mortuaries Inc ' c/o SCI Management Corp P. O. Box 130548 Houston, TX 77219-0548 Paul R & Donna M McEncroe Trustee 2990 Vance Street Wheat Ridge, CO 80215 TMP Company 3060 Teller Street Wheat Ridge, CO 80033 Daniel A Sponsel and Jill K Hada 2905 Webster Street Wheat Ridge, CO 80033 Rosabelle Hooten & Judith C Doxtator 2920 Vance Street Denver, CO 80215 Boyd W Hise & Wendy K Pierce 424 Vance Street Lakewood, CO 80226 Beth Eden Cenetary Baptist Church William A & Marcia B Kemper 2600 Wadsworth Boulevard Trust Lakewood, CO 80215 7363 W 26th Place Wheat Ridge, CO 80215 Frankie D Wilbanks & Sadie S Hill William L Hedberg & Venita M 7313-W 26th Place Armstrong Denver, CO 80215 2605 Vivian Street Lakewood, CO 80215 Jefferson County - 100 Jefferson County Pkwy Golden, CO 80419 Joseph M Aragon 2453 Fenton Drive Lakewood, CO 80227 Roger Lee & Betty 7 Baker 7313 W 26th Avenue Wheat Ridge, CO 80215 - Donald B & Elizabeth C Benson 7365 W 28th Avenue Denver, CO 80215 Herman E & Mazgazet G Busse 7335 W 27th Avenue Wheat Ridge, CO 80215 Angie E & Robert J Batash 7250 W 29th Avenue Lakewood, CO 80215 R Michael & Linda A Brown 2955 Webster Street Wheat Ridge, CO 80215 Eugene A & Lucille A Butzen 2653 Teller Street Wheat Ridge, CO 80215 Lucille U Johnson & Dan Urso 2980 Webster Street Wheat Ridge, CO 80215 Garnet I Firth Trustee 25 Connie Lane Bella Vista, AR 72714 Linda M Gordon & James G Christensen 2790 Vance Street Wheat Ridge, CO 80215 Harold & Anna Jewell Tmst 7360 W 27th Avenue Wheat Ridge, CO 80215 Louise A Pastore & Roxanne M Delbozque, c/o Nicole J Bronson 7200 W 27th Avenue Wheat Ridge, CO 80215 Clara Helen Ashcraft 2925 Teller Street Wheat Ridge, CO 80215 Esther H Bell 2935 Vance Street Denver, CO 80215 William F & Carol E Burke 2675 Upham Court Lakewood, CO 80215 George E & Elnora S Cable 7330 W 28th Avenue Wheat Ridge, CO 80215 Carol King Calkins Lavem C Cattau Donald A & Geraldine E Cesone 7345 W 28th Avenue 2660 Upham Street 2625 Upham Street Wheat Ridge, CO 80215 Wheat Ridge, CO 80215 Wheat Ridge, CO 80215 - David Lee & Georgia Lee Chaney Robert & Joann Clay Bobby Gene Croom 7300 W 30th Avenue 7305 W 27th Avenue 2910 Webster Street Wheat Ridge, CO 80215 Wheat Ridge, CO 80215 Wheat Ridge, CO 80215 Ronald A & Bazbaza Dahlberg Larry J & Anita M DeSelm Thomas H & Mary Lou Duckworth 7340 W 2bth Place 622 Partridge Circle 2560 Allison Street. Wheat Ridge, CO 80215 Golden, CO 80403 Lakewood, CO 80215 Lorn Bent Earnhart Edgar O & Kathleen A Eastman Brian D & Diane L Echtenkamp 2940 Vance Street 2900 Vance Street 7340 W 27th Avenue Wheat Ridge, CO 80033 Wheat Ridge, CO 80215 Wheat Ridge, CO 80215 Donald W & Janet M Edelen Roxie J English Linda L & Joyce A Farris 2935 Webster Street 7295 W 27th Avenue 7205 W 27th Avenue Wheat Ridge, CO 80215 Wheat Ridge, CO 80215 Wheat Ridge, CO 80215 Daniel E & Bonnie L Gallegos Matthew J & Mary Jane Green Martin J & Rebecca N Green 2942 Upham Street 2960 Webster Street 2960 Webster Street Wheat Ridge, CO 80033 Wheat Ridge, CO 80215 Denver, CO 80215 Linda A & Frank A Homer Robert L Hunt Margazet C Jennings 7320 W 26th Place 2433 Ford Street 7235 W 28th Avenue Wheat Ridge, CO 80215 Golden, CO 80401 Wheat Ridge, CO 80215 Patricia B Kirk Timothy J & Yvonne M Kraus Lisa A Kulp 2970 Upham Street 7225 W 28th Avenue 2925 Upham Street Lakewood, CO 80215 Wheat Ridge, CO 80215 Wheat Ridge, CO 80215 Philip R & Cazol L Lorenzen Thomas M & Bab-E P Madden Leonard & Naomi V McBride 2920 Webster Street 2915 Vance Street 7265 W 27th Avenue Wheat Ridge, CO 80215 Wheat Ridge, CO 80215 Wheat Ridge, CO 80215 Sally Anne McCormick Alice H & James K McDowell James E McHugh 2610 Upham Street 2965 Upham Street 2700 Vance Street Wheat Ridge, CO 80215 Wheat Ridge, CO 80215 Wheat Ridge, CO 80215 Betty J McKay Jessie A Messenger Dorothy M Miller P. O. Box 1391 2795 Teller Street 7260 W 28th Avenue Wheat Ridge, CO 80034 Lakewood, CO 80215 Lakewood, CO 80215 Mary B Mills Joseph P & Katherine A Murphy Katherine A Murphy 2945 Upham Street 2995 Vance Street 2960 Upham Street Wheat Ridge, CO 80215 Wheat Ridge, CO 80215 Wheat Ridge, CO 80215 Elizabeth M Murphy 2950 Upham Street Wheat Ridge, CO 80215 Nancy L Nehls 7205 W 28th Avenue Wheat Ridge, CO 80215 Robert N & Gertrude A Newcomb 7343 W 26th Place Wheat Ridge, CO 80215 Herbert J & Alice Hope Olson 7200 W 29th Avenue Wheat Ridge, CO 80215 Bernice & Paul J Pazachini 3011 Teller Street Wheat Ridge, CO 80215 Thomas A & Louise M Prose 7295 W 28th Avenue Wheat Ridge, CO 80215 Marianne Rodriguez 7290 W 29th Avenue Wheat Ridge, CO 80215 Frances Rebecca & Alfonso A Salazar 7330 W Florida Avenue Lakewood, CO 80226 Ronald R Schleisman 7036 S_Niagara Court Englewood, CO 80112 Beverly A Solomon 2915 Upham Street Wheat Ridge, CO 80215 Victor A & Shazon D Olson 2620 Upham Street Wheat Ridge, CO 80215 John F & Georgene H Powers 2405 Willow Lane Lakewood, CO 80215 Johnathan C & Ethle M Puckett 7425 W 29th Avenue Wheat Ridge, CO 80215 Mark A & Diane M Rowland 7235 W 27th Avenue Wheat Ridge, CO 80215 Angelo G & Rita Sanelli 7350 W 27th Avenue Wheat Ridge, CO 80215 Chris J & Patricia J Schmidt, Jr 2633 Teller Street Wheat Ridge, CO 80215 Helen M Steele 7325 W 28th Avenue Wheat Ridge, CO 80215 Robert C & Bazbaza E Otto 7360 W 28th Avenue Wheat Ridge, CO 80215 William H & Gloria M Preston 7230 W 28th Avenue Wheat Ridge, CO 80215 Glen D & Theresa M Pursell 2980 Vance Street Wheat Ridge, CO 80215 Charles A & Pamela M Rudman 2935 Teller Street Wheat Ridge, CO 80215 Waldemaz Schimming 9775 W 22nd Place Lakewood, CO 80215 _ Catherine A Snyder 2995 Webster Street Wheat Ridge, CO 80215 Patricia Wamer & Patrick D Stone 2691 Teller Street Wheat Ridge, CO 80215 Lawrence D & Georgia F Thompson James H & Ione A Tiernan Lee T & Ronald Lee Tornblom 2670 Upham Street 7380 W 29th Avenue 2900 Webster Street Wheat Ridge, CO 80215 Wheat Ridge, CO 80215 Wheat Ridge, CO 80215 john F Towell, Jr. 2975 Webster Street Wheat Ridge, CO 80215 Thomas R & Patricia A Walden 7300 W 29th Avenue Wheat Ridge, CO 80215 Donald D & Patricia M Watson 3081 Nelson Drive Lakewood, CO 80215 Donald L & Susanna M Wilson 4137 Irving Street Denver, CO 80211 Gabriel & Linda Tresco 7323 W 26th Place Wheat Ridge, CO 80215 Ruby G Warren 7365 W 27th Avenue Wheat Ridge, CO 80215 Vernon E Weiskopf 2930 Vance Street Wheat Ridge, CO 80215 Violet L Wiscamb 2613 Teller Street Wheat Ridge, CO 80215 Thada Walden 2940 Webster Street Denver, CO 80215 Scott R Watkins 7305 W 29th Avenue Lakewood, CO 80215 William D & Laura C Whitfield 2975 Vance Street Wheat Ridge, CO 80215 CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT _" ~A G' E N D A Notice: is hereby given of a; public hearing-to be held before-,the City of Wheat Ridge Board of Adjustment on January 23, 1997,"at 7:30 P.M., 7500 West 29th Avenue, wheat Ridge, Colorado. 1. CALL THE MEETING TO ORDER 2. APPROVE THE ORDER OF THE AGENDA 3: PUBLIC FORUM (this is the time for anyone to speak on any subject not appearing on the agenda). 4. PUBLIC HEARING A. Case No. TUP-96-13:r An_ap~lication by SBA of Denver, Inc., for approval of a Temporary Use Permit to allow tk~e ; placementt of.a.personal,communications sergice,panel antennae on and existing lattice tower. The property"is zoned Residential-Two; and located at 7500 F7. 29th Avenue. 5. CLOSE THE PUBLIC HEARING 'ti `, 6. OLD BUSINESS _ ~,~, K~nct~. t3. A. Update: February 13, 97 Stl~dy,Ses~sion c , pbys blh Go~-~+.~eK~ ~rw.s ~i b~'.3~ot.~.. 7. NEW BUSINESS. A. Approval of Minutes: December 12, 199-6 8. ADJOIIRNMENT ~-u.P R t~ ~ l~ G `~ per. S wn u~ ~ tu.V... u~ u-v `X/LV I C.cRf l ~ e ~ ~' C-~Su. ~ ~av.r2n.~ IMuM.~ - rw~.-l ~n..~uu,(~- i c,,~.~, a-e-t.~ w,,,~,e.~. -ro ~ ~.,•~-v;r-Yw~t-wyv~ ~ PLS sus On.c. v~-a.t, .n.r 0 ~n.~ ~,,,,,,,~~, T, u . P C~,~9.r9 „u~.~ew-~..Q l.u.~rc. w~~w..w..ti.,~ `~ ~'r~' "~n~" ~ H,~+ ~ s4~a.,~ M~nn~.1 ~o-ttr ~'tl-F~~SS~I 2~~ ~~- D ,, - z , w,ar r~,~.~a-~ l.~un-~. w.t~-~. ~t3 tt - rzPrA. ~ : ~.v-~ ,~ ~Xt ~~ -~s,~rw wr~~,,s I~.«nr~ tiw d~-~~n.~ s Cv-v,~~-~.s ~ 1° __. .. ' CITY OF WHEAT RIDGE PLANNING DIVISION ~`' STAFF REPORT TO: BOARD OF ADJUSTMENT DATE OF MEETING:January 23, 1997 CASE N0. & NAME: TUP-96-13/SBA DATE PREPARED:January 15; 1997 CASE MANAGER: Sean McCartney ACTION REQUESTED: Temporary Use Permit to allow panel antennae addition to the existing municipal tower. LOCATION OF REQUEST: 7500 W. 29th Avenue NAME & ADDRESS OF APPLICANT :off"Denvez; Tnc:' f~"Tint Spectrum'"L`.`°P-: 6312 S. Fiddler Green, Suite S10N Englewood, CO 80111 NAME & ADDRESS OF OWNER: Yt~,_o~ Wheat Ridge " 7500 W. 29th Avenue Wheat Ridge, CO 80215 APPROXIMATE AREA: 9.08 acres PRESENT. ZONING: Residential-Two PRESENT LAND USE: City Hall SURROUNDING ZONING: N:,S: and E: Residential-Two W: Jefferson County . SURROUNDING LAND IISE: Nand E: Single-family residential S: Church W: Cemetary DATE PIIBLISHED: January ~ 1y7~ ~'~ DATE POSTED: January ' S<" 1997~,f DATE LEGAL NOTICES SENT: January b~+1997 AGENCY CHECKLIST: ( ) ATTACHED (XX) NOT REQUIRED RELATED CORRESPONDENCE: ( ) ATTACHED (XX) NONE ._ - - ENTER INTO RECORD: ( ) Comprehensive Plan (XX) Case File & Packet Materials (XX) Zoning Ordinance ( ) Slides ( ) Subdivision Regulations (XX) Exhibits ( ) Other ~rTUR°~S~ ICTION The property is within the city of Wheat Ridge, and all notification and posting requirements have been met, therefore there is jurisdiction to hear this case. ~~ BOARD OF ADJUSTMENT STAFF REPORT CASE N0. TUP-96-13 REQUEST The applicant is requesting the approval of a Temporary Use Permit to allow the placement of ,ai-ne~-('9rsona communication--service el antennas on the existing municipal- tower- and associated equipment at-the tower base. Approval of this temporary use permit would allow for the imp-ovary placemen_t_ o_f__-tie__proposed=panel tennas; while the applicant awaits a final-decision from-the F3lieat Ridge City Council of a~Specal Use Permit. As this case is being heard before the Board of Adjustment, a Special Use Permit case is scheduled to be heard before the Wheat Ridge Coun on~Eeb~ua`ry 24,_197. Planning Commission heard this case on January 2, 1997, and r~commended__approva Staff would point out that ~emgo~aYy-__use-permits=_are- typical-ly a`p`p'lied""to land use situations _ which -do not require permanent ~atructures. Therefore, we conclude that this application is an improper use of this legislative process.- II. CASE HISTORY City Council recently passed legislation relating to the erection of commercial mobile radio service (CMRS) facilities. Attached under Exhibit 'A' is a copy of the new regulations. Pursuant to the new regulations, freestanding CMRS facilities are generally not allowed on residentially-zoned property. In this instance, since the City Hall property is zoned R-Z, the existing tower is considered a legal non-conforming use. These facilities may remain in place, however, any antennae addition to these nonconforming, freestanding towers requires special use review. Attached under exhibits `B', 'C', 'D', and 'E' are a site plan, tower elevations and photo- simulations of the existing and proposed antennas. The existing lattice tower is 160' in height and was constructed in 1994. The existing equipment on the tower is owned by AT&T and the City as part -of the new police communications system. There is an existing equipment shelter structure and an 8' high fence surrounding.the tower and equipment housing. The proposed panel antennas will be hung 10' above the existing antennas at a level which is 110' above grade. An additional equipment cabinet would be installed adjacent to the tower. There. would be no other changes to the property. The applicant has indicated that this would be a desirable site for the antennas because of the height of the existing tower. Any towers built under the new ordinance would be limited to a maximum height of 50'. By using the existing tower, the applicant will require fewer monopoles and roof-mounts in the-city of Wheat Ridge. BOARD OF ADJUSTMENT STAFF REPORT CASE NO. TUP-96-13 III. EVALUATION CRITERIA Staff has the following comments regarding the. criteria to evaluate a variance. request. 1. Will not have a detrimental effect upon the general health, - welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use; and Because the proposed use is .~„ a°r~tachment t9az~_e'srrs~-=ng fower, and the attachment will mot iricrea-s e` the._height oY : bulk _of the existing tower; -the proposed temporary use will .not have a detrimental effect upon the health and welfare of persons residing or working in the neighborhood. 2. Will 'not adversely affect the adequate light and air, nor cause significant air, water or noise pollution, or cause drainage problems for the general area; and Because the proposed panel antennas ~r~~e-c-~ver"s'°'fo~ invisible es; -and do not emit any noxious fumes or noise, then the a_~- proposed use ~ClLnat-ad~er_sely affect: the adequarte light and:air-, '-- nor cause air water or .noise pollution. 3. Will not result in undue traffic congestion or .traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site; and Because the antennas are proposed to be ~_ldced on an-:azisting telecommunications t e~ the ancialary mechanical equi eirt; -used td' supply power for the antennas., will be located on an existing pad site to the west of the tower, the approval of the proposed antennas will not result in undue traffic congestion or traffic hazards. 4. Will be appropriately designed including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in .harmony and compatible with character of the surrounding areas. and neighborhood, especially with adjacent properties; and The location of the proposed antennas will be' as attached components to an existing tower. iQ;=existin tower curre'~itly meets"`all-of"the height and setback requirement - NO addtiona_1 ~a-rking, screenings buffering; or landscapi`~i"q wi71 be required if th~~rbposed use is approved. __ _ BOARD OF ADJUSTMENT STAFF REPORT _ CASE NO. TUP-96-13 5. Will not overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. Because the proposed temporary use ~?~=-_-got ~ n~~_e the :immigration-of additional employees; the capacities of the existing streets; utilities, parks,-schools, and other public facilities and services will not be overburdened. IV. RECOMMENDATION AND Staff concludes that although the above criteria support approval -- of the proposed temporary use, the addition of the nine (9) panel antennas and supporting mechanical equipment is more of a permanent use and should not be considered a temporary use. Therefore, staff recommends DENIAL for case No. TUP-96-13, and recommends that the applicant await decision by City Council on the upcoming Special - Use Permit. If the temporary use permit is approved, staff recommends the following: 1. The Temporary Use Permit shall be invalid upon the termination of the rental agreement with the City of Wheat Ridge, or upon approval of the Special Use Permit. ~.se ~Jo. TuP•91~-13 `~ ,- ~. 2 11 LL W C w t- a o~ J L~4KEiJOOD OFF I GI 7~L - ZONE DISTRICT 30UNDRY - S ~, 2 ZONING MAP - PARG~ iLOT BOUNDRY y~ IDESiG"'':" OWNE~25~iP1 ~~"'~ `"~--•,._ WHEf~T RIDGE __. CITY LIMIT LihE o® GOLORt'~DO -- -WATER P°_AiURE x,, F ;,a0o - DENOTES MULTtP~ ADDRESSES MAP ADOPTED: June :5, i99d JE°lo2i»rvT OF M11auFi AN7 DN10~JlT •7352652 r ; (~ ~KNIP~IT 'a' CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER SILER Council Bill No. .39 _ ' Ordinance No. 1045 Series of 1996 TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS RELATING TO COMMERCIAL MOBILE RADIO FACILITIES IN THE CITY OF WHEAT RIDGE, COLORADO BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF .WHEAT RIDGE, COLORADO, AS FOLLOWS: Section l._ Wheat Ridge Code of Laws, Article 1, Chapter 26-5; Definitions, is hereby amerided by the addition of new definitions as follows: Building or Structure Mounted Commercial Mobile Radio Service {CMRS) facility: A CMRS facility in which antenna are mounted to an existing structure (e.g., water tower, light pole, steeple, etc.) or building face. Commercial Mobile Radio Service (CMRS) Accessory Building or cabinet: An unmanned building or cabinet used to house equip- ment associated with a CMRS facility. Commercial Mobile Radio Service (CMRS) Site: An unmanned facility consisting of equipment for the reception, switching' and transmission of wireless telecommunications, including, but not limited to personal communications service (PCS), enhanced specialized mobile radio (ESMR), paging, cellular telephone and similar technologies. Freestanding Commercial Mobile Radio Service (CMRS) facility: A CMRS facility that consists of a stand-alone support facility (monopole and/or lattice structure), antennae, associated equip- ment, accessory buildings and equipment cabinets. Roof Mounted Commercial Mobile Radio Service (CMRS} facility: A CMRS facility in which antenna are mounted on an existing building roof. Section 2. Wheat Ridge Code of Laws, Article 1, Chapter 26-30. General Regulations are hereby amended by the addition of the following new section: f (T) Commercial Mobile Radio Service (CMRS) facilities: (1) Prohibition: No CMRS facility shall be constructed in any ' residential district (with .the exceptibn ' of Planned Residential Districts pursuant to subparagraph (3) hereof). (2) Review Procedure: General: Propqsed CMRS facilities in the RC-1, RC, C-1, C-2, I, A-1 and A-2 Zone Districts shall be reviewed pursuant to the following procedures: - (a) 6~ilding orStructure Mounted CMRS facilities shall be reviewed by the Department of Planning and Development for compliance with the requirements of the Zoning Ordinance. (b) Roof Mounted CMRS facilities must receive a conditional use permit, pursuant to the procedure at Section 26-6fA). (c) Freestanding CMRS facilities must receive a' special use permit, pursuant to the procedure at Section 26-6{B}, (3) Review Procedure: Planned Development Districts: Roof mounted and freestanding CMRS facilities proposed for construction in any Planned Development District (includ- ing Planned Residential Districts); unless specifically listed or shown as such in the Final Development Plan, require amendment of the Final Development Plan. Building or structure mounted CMRS facilities proposed for construc- tion in any Planned Development District (including Planned Residential Districts), may be permitted by the Department of Planning and Development pursuant to Section 26-25, provided the proposed facility is consistent with the character of the District. (4) Multiple Providers: No more than one (1)roof-mounted or freestanding CMRS facility may be constructed or maintained upon a property in single ownership, provided, however, that additional CMRS facilities may be approved at the same location by conditional or special use review, consistent with subsection (T)(2), provided all other requirements of subsection {T) and the Zoning Ordinance are met. GE0163027ll 68361.2 -2- C (5} Building or structure mounted CMRS facilities shall be subject to the following- requirements: ' (a) ~""Such facilities shall be architecturally compatible with and colored to match the building or structure to which they are attached. (b) The maximum protrusion of such facilities from the building or structure face to which they are attached shall be two (2) feet. (c} Building or structure mounted whip antennas shall extend no more than 10' above the highest point of the building or structure to, vJhich they are attached. (61 Roof Mounted CMRS facilities shall be screened or camouflaged as appropriate from view from adjacent property lines. Such facilities are additionally subject to the following requirements: (a} Such facilities shall be architecturally compatible with and colored to match the building or structure to which they are attached. (b) Roof mounted CMRS whip antennas shall extend no more than 10 feet above the parapet of any flat roof or ridge of a sloped roof to which they are attached. (c) Roof mounted CMRS panel antennas shall extend no more than 7 feet above the parapet of a flat roof or ridge of a sloped roof to which they are mounted. (d) Roof mounted CMRS accessory structures shall extend no more than 7 feet above any parapet of a flat roof upon which they may be placed, and shall not be permitted on a sloped roof. (7} Freestanding- CMRS facilities shall be visually screened from adjacent residential development and public rights- of-way as follows: (a) All accessory buildings and equipment cabinets shall be totally screened from view from adjacent property lines. GED{67027\I66106.2 -3- ( ~ (b) Screening, landscaping and/or exterior building finishes and colors shall be compatible with the existing character of the site .and adjacent ''properties and shall be determined as part of the special use permit review process. (8) Pursuant to Charter Section 5.1O.1,'and notwithstanding any other provision of this Code to the contrary, no CMRS facility shall exceed the height limit applicable to the underlying zone district in which such facility is located. (9) The construction and use of a CMRS facility shall not cause interference to other adjacent CMRS facilities. The City of Wheat Ridge shall be held harmless if interference occurs. (10) CMRS facilities which are abandoned by disconnection of power service, equipment removal or loss of lease for greater than six months shall be removed by the CMRS facility owner. Should the owner fail to remove the facilities, the City may do so at its option, and the costs thereof shall be a charge against the owner. (11) Notwithstanding any provision of this Section T to the contrary, any freestanding CMRS facilities legally existing upon the effective date of these regulations: November 18, 1996, shall be considered legal noncon- forming uses. Additional antennas may be permitted to be collocated upon such facilities, provided such facility is certified by a registered, professional engineer that it was originally designed and constructed, without need of structural modifications, including increased height, to handle the additional load. Any such addition to noncon- forming freestanding facilities will be allowed only upon special use review and approval pursuant to Section 26-6(B). This provision does not apply to roof or building mounted CMRS facilities. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public . convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Emergency Ordinance No. 1049 Repealed. Emergency Ordinance No. 1049, Series of 1996, is hereby repealed. GED1570271188365.2 _4_ { f Section 5. Severability. If any clause, sentence, paragraph, or part of this Ordinance or Application thereof to any person or circumstances shall for any reason be judged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance 'or its application to other person's or circumstances. Section 6. Effective Date.' This Ordinance shall take effect immediately upon adoption. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on the 12th day of August, 1996, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for October 28, i 996. Revised, ordered, republished in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage continued to November 18, 1996 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 5 to 4 ,this 18th day of November, 1996. SIGNED by the Mayor on this 26th day of November 1996. DAN WILDE, MAYOR ATTEST: ono. Zi'1~ ~ ~% '~~ WANDA SANG, ,lTY CLERK A' AS TO FORM BY CITY GERALD E. DAHL, CITY A 1st Publication: August 16, 1996 2nd Publication: October 4, 1996 Wheat Ridge Transcript Effective Date: November 18, 1996 3rd Publication: November 8, 1996 4th Publication: November 29, 1996 -5- ____ W. 29~IH AVE. . .. ' CURB CUT I -_. ~ N(1R TM IINF IOT 1. 36~ CONSOLIDATED MUTUAL WATER DISTRICT EASEMENT REC. N 78057759 104 o~ x U r b PARCEL I LOT 2, BLOCK 3 BARTH'S SUBDIVISION, w J . m _~ I- N .. ~ ~ O ~ M "t~ cO . ' ~ Q ?i 3 O "1 tl1 O 0 0 z ENSEM£NS US0.1A~ / iA ..e r m 22.7' WHEAT RIDGE CITY OFFICES 7500 W. 29TH AVE. PARCEL II N 1 /2, E 1 /2 OF LOT 1, BLOCK 3 BA.RTH'S SUBDIVISION U.C. CAS ~A, TELE~ PHONE - C LEASE PARCEL ~' 125 SO R A C RISER __ C S89'S6 7 W 64,99 ASPH Al T T SOUTH LINE LOT t SEE A- :. M1. n Y A .b .~ SITE PLAN ~ SCALE: 1 "=50'-0" tf~J rv m i' x wN _i D z ~ ~ O n rn O Z V1 n O ~ rn ~ ~rn ~ v T. D O C7 D 0 r ~' z ~~ .~ ~ ~~ ~ -. C ~ ~ C7 o~ O z -~ D z S m n`n. m Z~7 r D n D XZ x D N ~ Na m~ D ~ m ~ r' ~rn _ Z~_ D ~ ~ ZO Z' rn ~ ~~. C Z 2 -(~ Dm O D 0 ~Z OJ -D _ ~ ~~ o D r ~ ~ ~ m r y~C? ~ N o rZ mO ~ ~ ~ ~ Vmi :; rnm ~ 0 ~ - - -- m m m ~m m _ m ' ~ X -:~ I A - rri m rr*1 m m m m < ~ ~ N ~ <,C `- < < < G G < G ~ O ' D i Z O _- O O ~ + ~ ~[ 7 O O _ ~ O O p 0 ~~ -.i ~ I O I O I O I O S p~ O ^ O O O • • N ~ m _ •~ < O m ~- r r^I ~ D X D ~ IN O ~ Z ~ O c7 p x N Z r r -+ O D m n o• m I ~o ~~ D I.,~ z ,~ N . O~ J ~ t 10'-0' t 00' - 0" w i ~,/ / a I ~ ~ e `rI .'< m I I m m ~m ~ x x r. ~ x N -t In -I. iJ7 -1 U7 .Z7 ~ ~~ p Z G7 Z O Z C'~ D ~ G7 I• O o D ~ m ~ ~ 'y ~ .~ S ~ rrl m Z m ~ p Dmm C :L7 0 ~ m ~ Z +N r i D O O m __ m W X_ m =(J1 Z '~ ~ Z O N~ mr O~ C Z ~ f ~' ~ 0 0 o 0 0 o e 4 m o o ~ ~ X O D D S X --I Z D m ~ - N r ~ Z _ O ~ D ~ O Z O ~ Z ~ ~ ~ ~ O z n U Z `-' O Z Z ~ D U r -D- m A ~ _ _ - - ~''S N ~ O %' D ti ~ V A ~ ~ w D "O = .~ .D O rv ^~--,,.,'+.~r.. -~~` S V 0 y Q O .QT~~ ~ > ~ _` NON N y O ~ ~ O D ~ O ~ Q N C ~ ~ ~:: AT&T Cellular Division ~ ~~ September l9, 199T Mr. Carl Richard SBA of Denver, Inc. 6312 South Fiddler's Green Circle Suite S10 North Englewood, Colorado 80111 Re: Colloeadon-Wireless Facilities Dear Mr. Richard ' ~~ AT3T Wireless Services Suite C-1 1CDt 76th §treet Denver, CO 80265 Reference is made to your request m collocate on the tower owned by the City of Wheat Ridge located at 7500 West 29th, Wheat Ridge, Colorado. Based on the information provided on the Technical Data Summary forwarded to this office, AT&T Wireless Services does not anticipate any interference issues. Please be advised that in the event interference occtus after your facility is operational, AT&T will invoke the provisions of lease agreement with the City dealing with this specific issue. Thank you for your attention to this matter and should you have any questions, please call me at 573-3277. Sincerely; an o dz k _ ~ . Y R I tate M get cc: Mr. Pau! Edwards-City of Wheat Ridge (~~ t7p Recycled Paper FILE No. 427 01103 '97 17:09 ID~SSLP -DENVER 303 290 6367 ci-r=~r oF~~ j.~I~A POLICE DEPARTMES~fT 30:5 a:i.i.=30SU Yn oNG ~ 303 43Y-3036 Fwwrdi ~e Y17D aza )37:7 November 20, 1996 Dave Jones Director -Engineering and Network Operations Sprint Spectrum L.P. 4700 South Syracuse, Suite 600 Denver, Colorado 80237 PAGE 6 --- -~ ~~r ~~~ ~~ MJ' '' U ~;lr; ~i RE: Compatibility of Systems for Co-location on Wheat Ridge Municipal Tower Dear Mr. Jones: 1 am writing to respond to your request for the Ciiy of Arvada's aclawwlcdgment of the Sprint PCS equipment to be placed on the tower at 7500 W. 29'~ Avenue, commonly known as the Wheat Ridge Municipal Tower. As you know, the tower supports equipment currently used to conduct arraignments by video between the City of Arvada Court and the Jefferson County Jail, I have had a chance to review the plans you submitted stating that your system will not interfere with the video assignment system. To the extent the Sprint system will not interfere with the e~asting video arraignmen# system, the City of Arvada does not object to its placement an the tower. When and if any such interference occurs, the City of Arvada reserves all rights to exercise whatever legal recourse is necessary to resolve the situation. ec: George i3byle, Arvada Municipal Jodge Ran Sloan, Chief of Police • Phil Cortese, Assistant City Manager Nora Buchanan, Assistant City Attorney .. ~ City of Wheat 12idge~ City of Lakewood Jefferson County Sinccce~ /~ rr,,~~ •l ~------.~ ARV~AD~A P..d.LICE DEPARTMENT Timothy N. Dunn Technical Services Administrator ~.Q, a0%8101 ~ R1 pS RALSTON ROAD ,a LftVnDA. COLORADO ~ aoooi-a lb.l FILE No. 427 O1i03 '9'.' 1709 ID~SSLP -DENVER November 18, 1996 Dave Jones Sprint 4700 South Syracuse Suite 600 Denver, Colorado 80237 Dear Mr. Jones, 303 290 6367 Lakewood Municipal Court 445 S. Allison Parkway Lakewood, Colorado 80226 Office: (303) 987-74D0. FAX: (303} 987-7447 PAGE 4 This letter is in response to your letter dated October 16, 1996. The letter was forwarded to me since the microwave system located at the Cjty of Wheat Ridge communications tower is jointly operated by the cities of Arvada, Lakewood, and Wheat Ridge. There is an intergovernmental agreement (IGA} between these cities and Jefferson County relating to the operation of the microwave system for video arraignment of prisoners at the Jefferson County Jail. As a result of this prior existing IGA it is felt that any interference caused by the use of this communications tower by others, subsequent to the IGA, that the party causing the interference would have the responsibility to either discontinue use or cause the interference to cease. The parties to the IGA would not be responsible to fix any interference problems caused by others. Tom Mahron of Legacy Communications has reviewed your proposal and hes determined that there does not appear to be any reason that your proposed use would cause interference problems.'" It'is.'also my understanding that the City Council of Wheat Ridge has reserved to ,Itself the right to determine any further uses on their communication tower. Therefore, I am sending your letter to the City of Wheat Ridge unsigned. FILE No. 427 D1i03 '97 17g09~ID~SSLP -DENVER 303 290 6367 PAGE 5 ~- '~.:, .,~.. Thank you for notifying the City of Lakewood concerning your proposed use of the Wheat Ridge communication tower. Sinp~rely, /- 1. ,.r : iJohn P. Miller (/Court Administrator cc: Clty of Wheat Ridge City of Arvada FILE No. 427 O1i03 '97 1709 ID~SSLP -DENVER Spritrt Spectrum L.P. October 16, 1996 Randy Smith _ Jefferson County Sheriff's Deportment Cnmmunicatinns Section 200 Jefferson County Parkway Golden, Colorado 80801 303 290 6367 PAGE 3 -=~; Sp1'LCIta q~oos~~msyrauo Ielnphme.;lR9,g00.93g0 SwW Frq Ocmrm; Cu4¢aAn pOZ37 Re: Compatibility of Systems for Co-location on Wheat Ridge Municipal Tower. Dear Sir or Madam: This letter is to wnfirm the understanding between Sprint Spectrum L.I'. ("SSLP") and Jefferson Comity regarding their communications service facilities ("Systems"} located, adjacent to one another, 7500 West 29t'h Avenue, commonly know as the Wheat Ridge Municipal 'tower. Jefferson County , by executing this letter, acknowledges and agrees that it has met with and reviewed SSLP's plans, specifications and technical requirements for ins~lling and operating a System at the Site, and [hat SSi.P's System will be compatible with, and not interfere with,,.its; gkvn System. SS1.P and Jefferson County agree to work together to resolve any future conllicts that may hereinatter arise sa a restdt of ilte operation of the two Systems on the Sites Please indicau: your consent to SSLP's installation and/or operation of our system described in this letter by your signature in the space provided helow: Thank you f'or your cooperation. ::, , ... Accepted by Jefferson County BY~ _ ~~s--... Title: Sher~f£ Sincerely, ~~~-L~~~ Dave Jones DIRECTOR- ENGINI,CRING Xc NCTWORK OPERATIONS Date: 10-30-96 r Mil pV.. ~~~~^ SBt, of 1hnv~r.,nc_ • uv,w.r.a. r B~BA of Denver, inC 8a1 Z $, Fiddter6 6rA2o Cirgte, sUJtu S10,t Engkswaod, CO 80Sti FAX:{808)770 5062 phgae: {303)771f-3830 January ti, 1997 JgJlfgqtlql Ghlef bavid Raberfs City of Edgewater Police department 2401 Shsildan.Btvd Edgewt#t~r; "C'Lf $6214 - ., t~. .~,<rt::u~..: Re: Location of Sprint PGS antennae en Wheat Ridge Municipal Tower .,.... . tJear Ctilef Roberts: es-e>-s7 af,ssa P.62 As we d;scussed, Sprint PC5 is >6ppiying fo the Clty of Wfteaf Ridge to piece a Personal Gommunlcations Setvlces (PGS; 1850 to 2200 (yll-I~j panel antennae on the existing Wheat Ridge Municip&17ower. Th9 0ntennae wilt be placed at 110' and will not Interfere with any of the communications equipment currently located on the tower or in the vicinity of the tower. The Gty:of Wheat Ridge PSanning Commiasian has requested that SBA, Inc., reprooeriting' Spr nt:P~S, confirm tha# the Edgawafef Police Department has no concerns r~iated to,the~'add"illarsal antennae. ~.,.. Pisase:lndicate your ainsent to Sprint PCS's installation and operation of the PC.S faculty by signing below. Thank you for your cooperation. Please call me at 770.3830, extension 115 if you have any questions. Sincerely, Ann M. PrOUlly~u~~ Zoning Spectaust ..'.j.. 1+. Y4l':MVf•. .•. ~il~ . Accepted bC_s y'i~t3ewater Police Department BY 7'iHe: ACTING CHIEF OE POLICE Elate; 010697 SB~~ . SBA of Derner, Inc. Wireless Communications Consultants National & International SBA of Denver, Inc. 6312 S. Fiddler's Green Circle, Suite 510N Englewood, CO 80111 FAX: (303) 770-5082 • Phone: (3D3) 770-3630 - - - - - 11 /25/96 Mr. Sean McCartney Planner City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80215 RE: Temporary Use Permit application for PCS antennae on Wheat Ridge Municipal Tower Dear Sean: Due to serious time constraints, SBA of Denver, Inc. (the authorized agent for Sprint Spectrum, L.P.) is applying fora 1-year Temporary Use Permit to place up to 9 Personal Communication Services (PCS) panel antennae on the existing municipal tower, located at 7500 W. 29th Avenue in Wheat Ridge. In October, Sprint Spectrum applied for a building permit for the municipal tower site. Unfortunately, while the application was under review by the C'sty, the Wheat Ridge City Council amended the telecommunications ordinance to require a Special Use Permit to mount antennae on existing towers. Please note that Sprint Spectrum's lease with the City ofi Wheat Ridge was approved by the City Council, and signed by Mayor Wilde, in July 1996. In addition, based on the lease, Sprint Spectrum has already incurred the cost of removing a large mechanical blower from the proposed PCS equipment location. Sprint Spectrum is in the process of applying for a Special Use Permit, as required by the amended ordinance. However, the City Council's timeframe and _ ultimate decision about the Special Use Permit application is unknown. Since Sprint has already made a commitment to this site and is under serious time constraints to provide coverage in this area, Sprint is applying fora 1-year Temporary Use Permit. The Wheat Ridge Municipal Tower site is especially important to Sprint Spectrum because PCS is a line-of-sight technology. Each PCS facility's signal must overlap with the next facility's signal. The sites surrounding the municipal tower (in otherjurisdictions) have been approved and are under development. As a result, the municipal tower site is key to the success of this network. The municipal tower's existing height will not be increased to accommodate the antennae. Also, the panel antennae will be smaller and less visually disruptive than the cellular antennae currently mounted on the tower. The ancillary equipment boxes will be located on the ground on an existing equipment pad directly west of the tower. Enclosed is a brief narrative detailing the project description, information pertaining to the PCS technology for your reference, and the following Temporary Use Permit application materials: 1 Check for $50 filing fee 1 Completed Administrative Process Application form 1 Project Narrative 1 Copy of City's deed to site as proof of ownership 1 Survey, including legal description 1 List of adjacent property owners, obtained from the Jefferson County Assessor's Office 1 Plot Plan To meet its deadline, Sprint Spectrum must mount the panel antennae on the municipal tower no later than January 1. Any assistance you can provide in helping meet this deadline is greatly appreciated. Please contact me at 770-3830, extension 115 if you have any questions. I look forward to working with the Board of Adjustment on this project. G~er~~ Ann M. Prou y 5BA of Denver Enclosures cc: Gary Pultz, SSLP PROJECT CONTACTS Applicant: Sprint Spectrum, L.P. 4700 South Syracuse Street, Suite 600 Denver, CO 80237 (303)488-9399 Contact: Gary Pultz Agent: SBA of Denver, Inc. " 6312 South Fiddler's Green Circle, Suite 510N Englewood, CO 80111 (303) 770-3830, extension 115 Contact: Ann Prouty Lessor: Property Owner: City of Wheat Ridge City of Wheat Ridge Construction Mgmt.: Bechtel National Inc. 4700 South Syracuse Street, Suite 600 Denver, CO 80237 (303)488-9374 Contact: Randy McKelvey Surveyor: C.R. Moore Land Surveying PO Box 5153 Arvada, CO 80005 (303) 422-1918 Contact: Creig Moore Wheat Ridge Municipal Tower Sprint Spectrum PCS Site 1 Temporary Use Permit Application 11 /25/96 PROPERTY DEVELOPMENT INFORMATION Legal Description: Ownership: Lessor: Space under lease REDES BLK 3 LOT 1 EX W6 KEY A City of Wheat Ridge City of Wheat Ridge 125 Sq. Ft. Zoning: R-2 (Low to Moderate Density Residential) Current Use: Municipal Center, with existing municipal tower and equipment pads Surrounding Zoning and Existing Land Uses: North - 29th Avenue, R-2, R1A (Low Density Residential); Single family housing and Crown Hill Cemetery Facilities East - R-2, Single family housing South - R-2, Low to moderate density residential and additional municipal structures West -Wadsworth Blvd. and Crown Hill Cemetery (Jefferson County) Wheat Ridge Municipal Tower Sprint Spectrum PCS Site 2 Temporary Use Permit Application 11/25/96 INTRODUCTION SBA of Denver, Inc. is the authorized agent for Sprint Spectrum, L.P. in their request to obtain a 1- yearTemporary Use Permit to locate up to 9 Personal Communication Services (PCS) antennae on the existing municipal tower, located at 7500 W. 29th Avenue in Wheat Ridge. As noted in the attached letter, Sprint Spectrum is concurrently applying for a Special Use Permit for this site. However, due to the unknown result of that application, and because of Sprint Spectrum's time critical situation, Sprint is applying for an interim Temporary Use Permit. Sprint Spectrum is the leading national participant in the PCS market. It is a limited partnership comprised of four major corporations, Sprint Corporation, Tele-Communications, Inc. (TCI), Comcast, and Cox Communications. In the Spring of 1995, the Federal Communications Commission (FCC) auctioned all 51 MTA (Major Trading Area) licenses for the PCS portion of the radio frequency spectrum (1850 to 2200 MHz). Sprint Spectrum purchased 31 of the U.S. licenses, including the Denver MTA license. The Denver MTA is made up of most of Colorado, parts of Kansas, Wyoming, Utah, South Dakota and Nebraska. By FCC mandate, Sprint Spectrum must have 33% of its licensed markets built-out within five years and 66% in ten years. As part of the time critical build-out, Sprint Spectrum is applying to place up to 9 panel antennae on the existing 160' Wheat Ridge Municipal tower, located on the south end of the Wheat Ridge Municipal Center. Related equipment boxes will be located directly west of the tower on an existing equipment pad. The Wheat Ridge City Council approved Sprint's lease with the City in July 1996. One additional wireless telephone company currently has antennae mounted on the tower. PROJECT DESCRIPTION Sprint Spectrum proposes to place up to 9 Personal Communications Services (PCS) antennae on the existing 160' municipal tower, located at 7500 W. 29th Avenue. The tower's current height will not be increased. In addition, Sprint has leased a 125 square foot area for the related equipment boxes. This leased area is within an area west of the tower that contains the City building's mechanical equipment. The. lease area will contain three equipment cabinets, each 5' tall and 30"deep. Wheat Ridge Municipal Tower Sprint Spectrum PCS Site Temporary Use Permit Application 11 /25/96 Coverage Objective Sprint Spectrum's objective is to provide seamless coverage to the City Wheat Ridge and to Wadsworth Boulevard. The temporary Wheat Ridge Municipal Tower site will also help complete Sprint Spectrum's PCS network, providing complete coverage to the entire metropolitan area. Site Analysis Zoning and Land Use The Wheat Ridge Municipal Tower is located within a R-2 (Low to Moderate Density Residential) District. The property is developed with City Hall, a 160' transmission tower, and mechanical equipment far City Hall. In addition, a large parking area surrounds the facility. The tower currently holds several municipal antennae along with an array of AT&T Wireless panel antennae. The proposed PCS facility is an appropriate use for this tower because the tower is capable of supporting additional antennae with no increase in the tower's height. This site is ideal because it was specifically designed to accommodate multiple antennae. As part of its original building permit application for this site, Sprint Spectrum completed a structural analysis of the tower demonstrating its capacity for more antennae. Using the existing municipal tower for Sprint's PCS facility requires that fewer monopoles and roofmounted facilities be constructed in this area. In addition, Sprint's lease will provide revenue to the City of Wheat Ridge. Impact on Surrounding Residents The impact to surrounding residents will be no more than that of the current Municipal Tower. The additional antennae will not require an increase in tower height and will not increase traffic to the area. In addition, the PCS antennae array will, be smaller and will have less visual impact than the existing antennae array. Facility Height The existing tower is 160' in height. The tower's height will not be increased. Wheat Ridge Municipal Tower Sprint Spectrum PCS Site Temporary Use Permit Application 11 /25/96 Temporary Use Permit Review Criteria- Criteria Compliance with Criteria Will not have a detrimental effect upon the general Because the antennae operate at a low power and health, welfare, safety and convenience of high frequency, this facility will in no way affect the persons residing or working in the neighborhood health, welfare, safety, and convenience of of the proposed use adjacent neighbors. Will not adversely affect the adequate light and air, The facility will not adversely affect the nor cause significant air, water or noise pollution, environment and will not affect the area's or cause drainage problems for the general area drainage. - Will not result in undue traffc congestiori or traffic- only once a Because the facility will be serviced hazards, or unsafe parking, loading, service or mohth by one technician, there will be no increase internal traffic conflicts to the detriment of persons in traffic or parking requirements. whether on or off the site Will be appropriately designed, including setbacks, The antennae will be placed on an existing tower heights, parking, bulk, buffering, screening, and already supporting several antennae and will landscaping, so as to be in harmony and therefore be compatible with the area. Also, the compatible with the character of the surrounding PCS antennae will be smaller and less visually areas and neighborhood, especially with adjacent disruptive than the existing antennae on the tower. properties Will not overburden the capacities of the existing _ _ The facility will not adversely affect public facility streets, utilities, parks, schools and other public and services. The facility will actually improve the facilities and services community by providing revenue to the City. Wheat Ridge Municipal Tower Sprint Spectrum PCS Site Temporary Use Permit Application 11/25/96 Facility Specifications Equipment Cabinets The three proposed equipment cabinets contain all PCS equipment necessary to run a communication site, including radio transceivers, batteries, cooling fans and an interior monitoring system. The cabinets are pre-fabricated, weather-resistant, self-contained units specifically manufactured to house PCS equipment. Each cabinet is approximately 60"h x 30"w x 30"d. Antennae Array Up to 9 panel-type antenna will be temporarily added to the existing tower. The antennae will be arranged in a three sector configuration with up to three antennae per sector. Each antenna is 54"h x 7"w x 3"d and mounted to the top of the monopole with mounting brackets. Perimeter Fencing The existing masonry wall surrounding the tower will remain. In addition, the existing 8' fenced gate currently surrounding the temporary equipment box location will remain. No additional fencing will be required. Facility Maintenance The facility is generally serviced once a month by one technician driving a small passenger vehicle. The service visit will take up to two hours and is typically for preventive maintenance purposes. Access /Easements The PCS Facility will be accessed through an existing ingress-egress easement from the City Hall's main entryway. Utilities Power and telephone utilities will be provided by existing lines. Wheat Ridge Municipal Tower Sprint Spectrum PCS Site ~ 6 Temporary Use Permit Application 11!25/96 INTRODUCTION TO PCS AND SPRINT SPECTRUM Personal Communications Services PCS is the name of the radio spectrum band located between 1850 and 2200 megahertz (MHz).' PCS is the next generation of wireless telecommunications, including familiar technologies such as mobile phones, paging, and wireless fax as well as new innovations such as wireless PBX (Private Branch Exchange), wireless Local Area Network (LAN), and mobile data. Sprint Spectrum's PCS network is based on digital technology, as opposed to the analog technology historically used for wireless communications. The advantages of digital technology are higher voice quality, increased privacy, and a significant increase in call capacity. Unlike major broadcasting and standard cellular systems, which operate at higher power and lower frequency, PCS facilities operate at low power (10 to 100 watts) and higher frequency, limiting the signal to the small area it is intended to cover.Z With PCS, repeated use of the same channels increases the number of telephone calls handled by the system, making PCS available for everyone. The PCS system uses a lightweight, multi-function, portable telephone. This telephone will offer a number of features such as call screening, call waiting, voice mail, and text paging. Sprint Spectrum's goal is to integrate mobile services with fixed communication networks by combining local, long distance, and wireless services. Sprint Spectrum's Site Selection Process To ensure developmeht of acommunity-compatible PCS network, Sprint Spectrum engaged in an innovative "pre-design" process. Traditionally, development of communication networks have been driven strictly by Radio Frequency (RF) Engineering requirements. Engineers determined where the network required sites regardless of zoning, community and strategic planning needs. Sprint Spectrum retained the services of SBA of Denver for the acquisition and planning of PCS sites in the Denver Area. SBA's innovative, community-friendly approach, utilizes the existing zoning to form the basis for the design of the network. The first step was to identify favorable zoning districts which allow or encourage PCS facilities. Secondly, site acquisition specialists inventoried all existing structures in each jurisdiction that were community-friendly and realistic from a leasing standpoint. RF Engineers were able to use the inventory of existing structures to fit the network to the communities. Through this process, Sprint Spectrum is able to build a network that provides maximum coverage while minimizing the impact on the community. ' Standard cellular facilities operate within 800 and 900 MHz. 2 Standard cellular facilities generally operate at over 100 watts. Wheat Ridge Municipal Tower Sprint Spectrum PCS Site 7 Temporary Use Permit Application 11 /25/96 The need for a site is governed by capacity and coverage requirements for the specific area to be served. PCS facilities operate at a lower power and a higher frequency than cellular facilities, and therefore rely more on line-of-sight coverage (or the ability to overlap signals between network sites). Sprint Spectrum's PCS system requires that a customer be in contact with two sites at any given time to reduce dropped calls. Therefore, sites must be within close proximity of one another. Finally, although coverage will extend beyond major traffic corridors, locating sites along major corridors is preferred due to the high volume of wireless communication use. In summary, the selection of a specific site in a target area is determined by the following factors: • Local topographic and geographic features • Ability to mitigate the antenna mounting structure's visual impact • Compatibility with existing land uses and zoning • Ability to negotiate a mutually beneficial lease with a landlord. To accomplish this goal, the sites must be placed in precisely calculated positions. Because all the sites in the network function together, the location of one site will affect not only the coverage area surrounding that particular site but also the coverage areas of all adjacent network sites. Integrating the proposed PCS facility into the network will ensure that Sprint Spectrum is able to-meet both ifs FCC mandate and its commitment to the public to provide the highest quality uninterrupted service. Development Assurances 1. The proposed facility will emit no noxious odors, heat, noise or other pollutants. 2. Traffic to the facility will be negligible. Local, full-time, trained employees of Sprint Spectrum will be responsible for regular inspection and maintenance of the site (approximately once a month or in an emergency). Access to the site will be restricted. 3. Construction of the facility will exceed industry safety standards, and all construction will comply with all applicable local and state building codes and regulations. 4. The proposed facility has been designed with local wind and weather conditions in mind. 5. The proposed facility will comply with all applicable FCC and FAA regulations. 6. The facility will not interfere with television or radio reception. 7. Normal household electric service (single phase 220 volt/100 amp) will be brought to the facility. 8. -The facility will not require sewage disposal, water or garbage service. Wheat Ridge Municipal Tower Sprint Spectrum PCS Site_ Temporary Use Permit Application 11 /25/96 Conclusion The proposed temporary Wheat Ridge Municipal Tower PCS facility is essential for Sprint Spectrum to construct a seamless PCS wireless network serving Wheat Ridge and the entire Denver metropolitan area. Increasingly, consumers rely on advanced technology to meet their communication needs. Sprint Spectrum is pleased to have this opportunity to introduce its regional PCS network to the area and stands by the fact that the construction, maintenance and operation of this facility will in no way be detrimental to the health, safety or well-being of the community. Wheat Ridge Municipal Tower Sprint Spectrum PCS Site 9 Temporary Use Permit Application 11/25/96 _ -- - [.~• ' S;trg.~ _ . ~.t A7 I &t~_ii. 1?Fi f1Ci -6 !4 a.lF.. ~_ , i - rangetaa 8- ~ r~nht oj~!sllerson SgjB. ~: 7 ~. J d - - ` ...n. f ~ o ~ ,z,.9u' 9 -- YECOEDIta'S 3yAYP , r _ . c ~:o T>~s Ds~, xaa.ehl. aoet'Sepc®bar ' H tM Tar a[ vat Lard aw thovuad Naa hvadrH aad seventy-aiX ' bt~•• r"nANK S. HAYSIARD'and GRACIE IRENE FiAY~AR~I ~HusSand and Wif2t ~• Cant) aL eL GrnOn ud ae.ta of Gfanda, a! tG t4n p•rt, and JEFFERSON COUNTY, a body a politic and corporate~• axmrasaaxrsanl•ad.aa aslatlvf vvdar and br rfnw a[ tb. 4wa of Nv 9ta~ of CoiOradO of tha a.cavd yar:: WT::VPSBIITD, Yhat U• aafd Dart ien a! lha nrn par4 foe aad [n canddannon of tM nm of TWO HUNDRED THIRTY THOUSACiD F?'E HUNDRED ($23l7 500 00 - -----nocLAns, W tha u(d yart ies el tba flnt put >o bud i. 'd DT tba old put) of thi .annd D•~ tha rtcalpt wherw( la hanb} nnfaaaad avd uknawladf,d, b. Vetiaat• ; barfalwd, old a¢d coward, avd br Ww prtuatt da Raa4 barnl4 a•14 eavaaf vvd n¢rlm. u¢b tha ,.ld parer of tha aamad part, Iv aumeaun avd ualtna farerer, W of tha fattodnt daacndd fet ar yaroal o! Imo dtuta, IDIvt and balvi lu tb. Cawt) e1 Jeif er son avd SIa4 of Calvnd4 to-w(G Lot L, Block 3, BARTH'S SUBDIVISION EXC'cPTZi7G the North Half of the cast Half of said Lot and tha Neat 6 feet ' of said Lot therefrom ihn .l th in ,,ddrtnd ia. aggent tnd tS!/a.1' ~'~ dnD nf_,iC1f„li..y~,[t.r_ 19 r PAOVE AS TO FOAM cr.•~ r.r : ~x r !' .., :tits oa +E}e u1:7C1t •CU-GIT, atDC:GD _ AS STANT U .. A~PIY Dy <- IC i ~cuc-7,L'a . CSntr3tt I'DOE'I'DEA wIW all and ala[vlu Wa bandihmavtt and iDOUriamveaa Wanunm b.lw[Ivi er fn aaDwW apprnaldvq aad ika raaanlon avd ranrda¢a, nm.Wd•r avd twmahdary nnu, luwa avd Dnnta Nvnef; and all tM aa4ra, dtaC tlaa, 1¢tarut, aWm avd damaad whatuane of tha old yan of Wa flr•t part, altWr la law ar aadtl, a1, W avd b tha abon baefaWad pnndaea, wllh Iha ba,ad(umrvta and aDpurtanantaa. , I'a IIAYB AHD to DDLD tba Wd pram4u aben bartalnad ud daaeribad, wleh the aDpniGwxu, nnro Na , rald pare of td aamvd part, Iv raaaaun ud what farmr. A¢d Wr old pert iC8 of tb Mt Dart. for ta. Cllm uNed Che3tln, naevtan, and admlahtmm~, do twavu4 mn4 b•r¢•la and atru to ud wIW L tD tha aald party a/ tha aaceod pact, lta aaawwn and aul[n; ILt at Na elma a[ tha awunvf avd ddbarD o[ .id.~ Nw ynaanra, aLe waa uiud of W oramlaaa aban norgW, u of food, mn, pan,ct, abuiata and ' t Iadafudbla aatau a[ t¢banLnta, fa Iaw, !o Iv tlmplq and 6a V e food rl[hR loll yawn and Lw[d avtharltp m mot, banal4 .a and n¢rq eha aamt W mamar aad farm a alotvld, tnd that tha amt an Ina and due from 1)~~'_' aD lormrr avd aNar m¢t4 bart•!w, Wu,1Au, taro, uaaumuta aM lxvmbrtnna of whagra klad or mWn uarar, except taxes for the year 1976 and aubaequent thereto. u a ~. i y ud Wa abon Grfafaad pnm4aa 1¢ iha Qalat aad Tuafvl poaaaubv of Na aid MrtF of Lha umvd 9arr. lb ' taeu+aon aad aultns, apWrt W and aaaq peaat ar yaetava 4wfaDr aLlmint or W Halm the whale ar ur Dart ehanaf, tW Wd pan iaa[ Wr llnt part thaD aad wW WAEIIAHT AND 10aEVEa DEFEND, M R[rNEaa WII)@FQF. TM Wd part iebef tG nrtt put haYa Wn®W ut Lhe r bmd B ' aad aWn Oa der a¢d 7•u Ilnt aben wntta4 l alsaad. sW.d aad DaDrand I¢ the Prwaaea e! IIk"S-"HagF+~'rD-'Ittrat yyd-jeEALI V _ I9EALI ~ _ U , Fid'I-ran'~. yipa~ Ai~e~ ~ ;,( •. .. .: ,asAaa or coLOaAno t~l _ -,.. ,', _..: •.'.; ..; • : ~: ~ ' . ~ ' . ~ IAVU n yyr a.. Cav¢!t o[ .. ~Y..:y.a..::'^:....:.:: ;, •. :. ~ .:. _ .I ~t<t~ ~p~6t ~ mt wu idmawl•dtH bden m thbllll . 9~~ dt7 a1 YuP~'"~~~ y 3riF~ PtSM.~Hayvard~aad Grac ie •Irene'Hayward Husband and Wife ~~'~ r? Wla~s,¢j+~is/ eaym))d.i ..L ••_. ,, ~ _ ~•, Cp CeLQ~aj• ,.. ~ 1 I/.L111.~301.(1~: 1; MIrM,nnMnlD v ! l1 ~ .t ~ h.f is Y++.ar rYlta I '•.. ..: ~ .. k~.. 1 Na 1fS watsainr Dtrm MJDieOLTlml-Fa erwr.wW La..a. ~.-f••'~Y•.iAR:,, ..•f+?"it!:: '. ,._i: AL`.) .., y. -•r •_••---prYrYtl~FltrLM 4.+aL.r1,'DSe~, GY,W ~~.: •• j• •1 c- F% ~i1i :,yp'. 1<~: l^~Y17.'*cu4 •.:L >.r A74/nr/; ° .. '!1iV'kti:%f!M;uv~;l:cVy}7~1.; 'c. }'29 I', 919' i:''..~ .. .. .~_-~.._........~_.~...-.--..w_~.~~- _.. ~.... _. .... ... .._.,..11_ _, ` ~~ $~~7 8 Z 18 6I '# = = ~ i UCi -6 i $: he ~ ..,~ o; _. ~ ,..{ ~ ~ ~ c+ J, tfc: 5<s St1tc ctf . L 2915 920 o: ~ ti m T o Recorded at ............... ___. ....o'cloc 'c ~ . ...............Y..... ....... Reception No............ .. .... .......................R ecorder d ' COtALISSZONERS PEED b e THIS INDENTURE ma e this` ~~ ~{L,? - nine hundred and // -~ day ofQ~kLi/ one thousand h between the County of Jafferaon, State of Colorado, acting by`and through its duly constituted and ap- pointed Board of County Conmissicners and Commissioner Joanne X. Paterson to convey and execute deed, first party, and City ,o£ Wheat Ridge, a municipal corporation, party of the second part, WITNESSETH: THAT WHEREAS, the 9oard of County Commissioners of the County of Jafferaon, State of Colorado, did at a regular meeting of s said Boar held @t the Courthouse fn said County on the v?~' day o! ,, 4 ,% A,p., 1g76, d•,i],y adopt and pass a ^esolu- tion nu p'r zing a conveyance of the hereinafter described real property to second party, and did by acid reaolutton appoint and cone ti LUte the undersigned as Commieaioner to convey and execute deed for said real estate to second party for and on behalf of the said County of Jefferson, State of Colorado, and did further authorize the undersigned to execute thfs deed and to affix ~1te seal of the County hereto, NOW, THEREFORE, FOR AND IN CONSIDERATIOti of the sum of One Dol- lar and other good and valuable considerations, in hand paid by second party to said County of Jefte raon, State of Colorado, receipt of which is hereby, confessed and acknowledged, the undersigned, acting a: Commissioner aforesaid, does by these presents remise, ra lease, sell, convey and quit claim unto second party, its successors and assigns forever, all the right, Jaffa raon testate olaColo rado~mhna in land tto the dfollowtingfdee- ~ cribed real property ^i tun te, lying and being in the Co+m ty of ?+ ca Jefferson, State of Coloradot m m y~ Lot 1, Block 3, BARTH'S SUBDIVSSION V ~<o EXCrP'fING the North Halt of the Eaat ~~ oflsaid Lo tdtlte retrom~e West 6 lent v ~ A TO HAVE AND TO HOLD the same, together with all and singular appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title. interest and claim whatsoever, of the said County of Jefferson, State of Colorado, either in law or equity, to the only proper use, benefit and behoof of the said party of the second part, its successors and assigns so long as said property is used exclusively for open apace and park purposes for the enjoyment and benefit of the reai dents of Jafferaon County within the intent and purpose set forth in the Jafferaon County Board of County Commissioners Resolution adopted September 26, 1972 and approved by the electorate of Jafferaen County on November 7, 1972. ATTEST: /~J///~/j/,, ,L /''C plc,, f V' "/L~t:fi~~.,L~ Deputy C ark and Recor er xppxovE~ hs ~o ror:s ns sxr", c^ r r ~trr ~ .,L COUNTY OF JEFFERSON, STATE OF COLORADO Ry: r t~t-'4+-c.c~ C 'sa oner to Convey and to acute Deed tar and on behalf of the County of Jefferson, State of Colorado 2911 920 8648 .- ; -~ ~~' ~ Rec°Med a _.2t w.. .. ¢ clock __ W____.._._.._ ~ »~ O ~ Ti[IS nEEn, 14d<ehia 7t:1 ~ ~QaY et ~ ~ 1 d! `kf!+Jn <[: Ra~~<r'~Stamp ~~~~ o. .~ Ip 77, batwevn APr'Ll_.: _:': 1.4 C: ~ .. I Je Efer son County, a btxly oolitic and 7987_ llb 'I corporate ~, ' n( N¢ <oanty of Jefferson .aa s4a o[ f,Morade, of tha (feat part, and a-• a City of Wheat Ridge, a municipal corpora- - ortanixed +~d~eairtlnt under and by rirtve ¢C the lara o! Na 544U~ Colorado , a( Nt aeeend wn: WIT\F:,S1F, 7't(, That :h< enid pat y of tho llnt par4 for and in eanaldenU¢n of tlu cum of ;i Ten and Nc/L00 Dollars ________________ it to Ne acid Pnrt et <h< fEnt ------~---~--~---` ~I'I"t~• }' part in hand paid by Na uld DartY of Nt taend Dart, Na receipt wh<rae( a hoeby ¢onlvatM and acknorledred, ha 5 nmhad, nlwM, ald. conveyed aM QUIT CLAIMED, and by thn¢ Dnaen4 dK`s nmiae. nlase, all. <envp cad QUIT CLAM unto tha aald party o! Na aeeond pace, 14 ~ pv<man rand assirnn tarever, dl ri[hg d0<, lo4rne, claim and dewnd which Ne tald Dan ;i Opt part has in and to ha [ollowina d<uribad parcel Y o1 Na I pilut4, i]'int and bein[ in the County o1 Jefferson and 344 ¢[ Colorado, to wit: ~ ':he 54 of Luc L, 91ock 3, except the West 6 feet the reoP, 9arth's Subdivision, City of tPheat R'_dge, County of Jefferson, State of Colorado, specifically including that cever Sion in the. Commissioners' Deed to the City cE tJheat Ridge, d~:ted September 23, 1976, dl at gook 2911 Page 920 in the records of the Clerk ^.~ and Recorder for Jefferson Covnty, Colorado. tom; a .^.. ~ 4~^-•.. ~ d' d ~. N ~ ~ ..f -__. _ ;~ PROM: I" TO rCRP4 y SIS~ANt LTdT _ cO,:, E TO IIAVE AND TO If01.D N¢ +nma tonthtr rIN all and tln[v4r Na • ~ I '; b<ion4lnt or In anyaia thateunm • pPVr4naaea ud Prlvib[u N<nun4 ~( ODar4lnini, and all tha u44. rltht, HO¢, In4na[ and e41m whatao¢rar. ¢[ Na ,a IJ party of Ne flnt part, el Nar in law or pvaY. to Na oral I a! Ne ta¢nd pnrt, i4 tntarourn and ml Y Pngr vac, banafit and Mhoof of Na Wd DaRY ' rna Lonnr. IN WIT,Y F33 WI(EREOf, Tha uld party of Na Oral part ha, heranto ut aml aul Na day and Yev lint above writ4n. 1 t3 hud ~ Shmrd, SenIM and 0<livertd in the Pnaaee o(~ '.IEFF£RSf3d_C(1DN - _-_ TX.._a~ody._.polir.~, c and ccrporate i '-_ --ISxAL7 ... ............................__.__.._.........~.._ ( I Ro art F. ement, Chairman ~ ~ ._._.--_~.___._.___, __.,___At'~atd._nf...Cnuat}~.CammtssinnRCS ~ STATE OF COLORA UO, coaney or Jefferson ~ The (oretpoint iuttnm<nt wu ackpowladted 6afare ma Nla 7th day o! April IP 77. br' Robert F. C~4t4rt ~•Chairman, Board of County Commissioners. ,.-•-~.. ~ !. )IY .vnnmianion ex Dingy ` a.9~ /$7> ~~~ _ '_ ~ ... :~.: Nitn<a mY hand and a!lielq teal. ..:.- _ _ _, _ ~. _~ ._ .~ _. .• ~: ' NN,q AWa. .. .,... •..~ ,~ ... .. .. .. ..... . .. ~.. ..... ,,. .. .......... ' Ala t?1: The Crty of ~1Vheat Ridge ADMINISTRATIVE PROCESS APPLICATION Department o£ Planning and Development 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 -- Applicant Sprint Spectrum L. P. Address6'~1 S. ;ddl r (;rnF5]ONPhone~~p~t)77p_~A~0 Englecuood, ~ 80111 ext 115 O~~~ner City of Wheat Ridge Address 7500 West h Av Phones~0-1~Z-~_tigg4 Wheat Ridge, OD 80033 Location of request Muni-cipal Teleca~¢muiications Tower Type of action requested (check one or more o£ the actions listed below which pertain to your request.) ^ Change o£ zone or zone conditions Variance/Waiver- Site development plan approval 8 Nonconforming use change Special use permit ^ Flood plain special exception - Conditional use permit Interpretation of code Temporary use/building permit Zone line modification Minor subdivision Public Improvement Exception Subdivision Street vacation B Preliminary Miscellaneous plat Final Solid waste landfill/ [] ** See attached procedural guide mineral extraction permit for specific requirements. ^ Other Detailed D scription of request RE9Llest to place up to 9 panel antennae on municiFnl tower. List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE Sprint Spectrum L.P. 4700 S. Syracuse St, Suite 600, Denver, N 80237 (303)488-9396 y o ea ge venue, ea ge, - I certify that the information and exhibits herewith submitted are true and correct to the best o£ my knowledge and that in filing this application, I am acting with the knowledge and consent o£ those persons listed above, without whose consent the requested actior, cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved o£ this action, on his b~~f. Signature of Applicant ~/~/~ •~/~,/n u.~~JtJ~ Subscribed and sworn to me this _~~day oIf ~, 19 i~C~y~J Notary Public SEAL My commission expires a Date Received Receipt No. case rvo. ~ W. 3]AD AVE. y I 1 ~r -~---- 8~ ~ R -~,~~ B °8 ~ ~ R '~RuR R 3 W 30TH AVE ~ " w 30tH AvE c n o I g $ ~'_~ g`8 g R `1. R gR _~ W Av n . $ R ~ R 8 Iry ¢ R 8 n,m e rv M1 ' ~o-- III n - -i - ^-.S I .~ ., .~~^ n a 'I .~' ^i 81~8J ^ W ]DT4 AVe Z' I ~,~ N ~ R W~~ I L ~~i K ~ 8 ' ~ U M1 ~ 1 ?~ ~i ~ W I N W 1'IiH AVE n -i C 'i ~m.g ~ ~ ; Z,.1' ,. . y~ j g ,~ a ~, ~ . w ~,~6oPOg 3 ~ GF+-9c-3 ~ ~ 6l J 3 i 'y` 1 ^ O ~ /~ ]Ili i + 365 L ~ ~ 'J } ;0.U r- I'• ~J ~ "~+ n 3613 1~1 ¢ ~• ~$ 4~wiw 1, Tai.. • .. . LAKCWOOD O~~IGI~L ZONING MAP Wf-i~,hT iZIDGE GOLOR,4D0 MhP ADOPTED: Junc 15, Igg4 1, ZONE DISTRICT 30UN3'~Y PARCEL/LOT BOUNDRY (DESIGNATc5 OWNERS'ni P1 r ~... CITY LIMIT LINP - - . _ WA?ER FEATURE - DENOTES MULTIPLE ADDRESSES 5~ ~~ lU.]H O b W KO ~ scALe r~oo t7~ARTr1!- 7 Of PWa+lru6 MD xvfi.0°I!B~T - 73S]B52 BOARD OF ADJUSTMENT STAFF REPORT CASE NO. TUP-96-13 2. REQUEST v~ ~\ ~ The applicant is requesting the approval of a Temporary-Use Permit_ 4~, 4 to allow the. placement of nine (9) personal communication services ~ ~~ panel. antennas on the existing municipal tower. Approval of this temporary use permit would allow for the temporary placement of the proposed panel antennas, while the ..applicant awaits a final decision from the Wheat Ridge City Council of a Special Use Permit. "' As this case is being heard before the Board of Adjustment, a ~~ ~ Special Use Permit case is scheduled to be heard before the Wheat Ridge City Council on February 24 ,. 1997. p„~s ~~ ~t M ,~ ~ o R >0 ~ 22. CASE HISTORY ~, ~ r. y{'~ ~ City Council recently passed legislation relating to the erection } , h of commercial mobile radio service (CMRS) facilities. Attached (a~ ~ '~ under Exhibit `a' is a .copy of the new regulations. Pursuant to s ~ the new regulations, freestanding CMRS facilities are generally not ~., ~ allowed on residentially-zoned property. In this instance,. since ~Q ~ ~ the City Hall property is zoned R-27 the existing tower is ~.~ ~ ~ considered a legal non-car~.tarming use. These facilities may remain in place, .however, any antennae addition to these nonconforming, a Tr freestanding-towers requires special use review. Attached under exhibits `B', `C', `D', and `E' are a site plan, 3 ~ \ ~ tower elevations and photo simulations of the existing and proposed antenna~.s. The existing lattice-tower is-160' in height and was i constructed in 1994. The existing equipment on the tower is owned ~by AT&T and the City as part of the new police communications system. There is an existing equipment shelter structure and an 8' 1~. „\ A high fence surrounding the tower and equipment housing. ~J ~•i~J` The proposed__panel_antennavs will be hung 10' above the existing antennas at a level which is 110' above grade.. An additional equipment cabinet would be installed adjacent to the tower. There would be no other changes to the property. The applicant has indicated that this would be a desirable site for ----....- the antennas because of the height of _the existing tower. Any towers built under the new ordinance would be limited to a maximum BOARD OF ADJi75TMENT STAFF REPORT CASE NO. TUP-96-13 height of 50'. By using the existing .tower, the applicant will __ require fewer monopoles and roof-mounts in the_city of Wheat Ridge.. _ III. EVALUATION CRITERIA Staff has the following comments regarding the-criteria to evaluate a variance request. 1. Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use; and Because the proposed use is an attachment to an existing tower, and the attachment will not increase the height or.. bulk of ..the existing tower, the proposed temporary use- will not have a detrimental effect upon the health and-welfare-of persons residing - or working-in the neighborhood. _ _ 2. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution, or cause drainage problems for the general area; and Because the proposed panel antennas are receivers for invisible- waves, and- do not emit -any noxious fumes or noise,- then the proposed use will not adversely affect the adequate light and__air, nor cause air water or-.noise pollution. 3. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site; and Because the antennas .are proposed to be placed on an existing telecommunications tower, and the ancillary mechanical equipment, used to supply power for _the antennas, will be located on an existing pad site to the west of the tower, .the approval-of the. proposed antennas will not result in undue traffic congestion or traffic hazards. _ _ - - _ _ BOARD OF ADJUSTMENT STAFF REPORT CASE NO. TUP-96-13 4. Will be appropriately designed including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with character of the surrounding areas and neighborhood, especially with adjacent properties; and The location of_ the .proposed antennas will be as attached- components to an existing-tower. The existing tower currently meets. all-of the height and setback requirements. No additional parking, screening, buffering, or landscaping-will be required if __ the. proposed use is approved. ' 5. Will not overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. Because the proposed temporary use will not initiate the immigration of additional' employees, the capacities of the existing- streets, utilities, parks, schools, and other .public facilities and services will not be overburdened. IV. RECOMMENDATION AND CONCLUSIONS Staff concludes that, although the above criteria support. approval of the proposed temporary use, the addition of the nine (9) panel antennas and supporting mechanical equipment is. more of a permanent use and should not be considered a temporary use. Therefore, staff recommends DENIAL for case no: TUP-96-13, and recommends that the applicant await the upcoming approval of the Special Use Permit, being heard before the-Wheat Ridge City Council. If the temporary use. permit is approved, staff recommends the following: 1. The Temporary Use Permit shall be invalid-upon-the termination of the rental agreement with the City of Wheat Ridge, or upon approval of the Special Use Permit. . RA N N 1, DRAWINGS ARE NOT TO BE SCALED, WRITTEN DIMENSIONS TAKE PR~~(;EDENCE, AND THIS SET OF PLANS IS INTENDED TO BE USED FOR DIAGRAMP~4ATIC Q PURPOSES ONLY, UNLESS NOTED OTHERWISE, THE GENERAL CONTRA~'TOR S SCOPE OF WORK SHALL INCLUDE FURNISHING ALL MATERIALS, EQUIPMENT, a LABOR, AND ANYTHING ELSE DEEMED NECESSARY TO COMPLETE ® ! ~ ~ INSTALLATIONS AS DESCRIBED HEREIN. 2, PRIOR TO THE SUBMISSION OF BIDS, THE CONTRACTORS INVOLVED SHALL VISIT ~ ® ® t THE JOB SITE ANO FAMILIARIZE THEMSELVES WITH ALL CGNDITIONS AFFECTING THE PROPOSED PROJECT WITH THE CONSTRUCTION AND CONTRACT OCUMENTS FIELD CONDITIONS ANO CONl-1RM THAT THE PROJECT 1~AY BE D ACCOMPLISHED AS 5HQWN PRIOR TO PROCEEDING WITH CONSTRUCTION. ANY I R I P i AR T R H T T TH I ERRORS, OMISS DNS, O D SCRE ANC ES E O BE B QUG O E ATTENTION OF THE ARCHITECT ENGINEER: / APP I ANT 3. THE GENERAL 'CONTRACTOR SHALL RECEIVE WRITTEN AUTHORIZATION TO CODE BLOCK PROCEED WITH CONSTRUCTION PRIOR TO STARTING WORK ON ANY ITEM NOT SPRINT SPECTRUM CLEARLY DEFINED BY THE CONSTRUCT#ON DRAWINGS/CONTRACT DOC~.~MENTS. E -E E E - E PROPERTY LINE SITE LOCATION: 7500 W, 29TH AVENUE 4700 SOUTH SYRACUSE ST. 4. THE CONTRACTOR SHALL SUPERVISE AND DIRECT THE PROJECT DESCRIBED -~f----~ FENCING WHEAT RInGE COI.ORA00 80215 0 H R IN. TH ONTRACTOR SHALL B S LELY RESPONSIBLE FOR A ~ NUER RA 7 T-T-7 T---T E E E G E Q LL E COED ~0 8023 CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES AND PROCEDURES , PHONE. 488-939 , ~ 6 AND FOR COORDINATING ALL PORTIONS OF THE WORK UNDER THE CONTRACT. -E~-E ELECTRICAL SERVICE OWNER: CITY 0~' WFfEAT RIpGE ~ o o T T T~, 7500 W, 29TH AVENUE ~ ~ ~ ~ CONTACT: JIEE JEEINEK R H i TA IP A MA RI ~N~ 5. THE CONT ACTOR S ALL NS LL ALL EQU MENT NO TE ALS ACCORDING TO MANUFACTURER'S/VENDOR'S SPECJFICATIONS UNLESS NOTED OTHERWISE OR WHERE LOCAL CODES OR ORDINANCES TAKE PRECED~:N ~ ~E) cE. N IN . ALL WORK PERFORMED ON PROJECT AND MATERIALS INSTALLED SHI~' ~BTS) 6, _L BE IN EUCENT TECNNOEOGIES & BECHT EE STRICT ACCORDANCE WITH ALL APPLICABLE CODES, REGULATIONS, ~ ~D ORDINANCES. CONTRACTOR SHALL GIVE ALL NOTICES AND COMPLY '~'~!TH ALL AFFIANCE LAWS, ORDINANCES, RULES, REGULATIONS AND LAWFUL ORDERS OF ~~NY ~ fi. 7 P A TH RI Y N~ IPA AN TI ITY ANY P IFI ATI L. 4 OO SOUTH SYRACUSE ST. UBLiC U O T MU C L D U L COMP SEC C 0 P~>, AND _ LOCAL AND STATE JURISDICTIONAL CODES BEARING ON THE PERFORMANCE OF DEN1/ER COEORADO 80237 THE WORK. ' 303 488-9374 7. GENERAL CONTRACTOR SHALL PROVIDE AT THE PROJECT SITE A FU~,L SET OF CONSTRUCTION DOCUMENTS UPDATED WITH THE LATEST REVISIONS f~-N D CONTACT. RANDY MCKEEIIEY ADDENDA OR CLARIFICATIONS FOR THE USE BY ALL PERSONNEL IN~f')LVED a~ J5 FIEED CONSTR. MANAGER WITH THE PROJECT. 8. THE STRUCTURAL COMPONENTS OF THIS PROJECT SITE/FACILITY AR~,~ NOT TO A N BE ALTERED BY THIS CONSTRUCTION PROJECT UNLESS NOTED OTHE~~WISE. "i - SBA INC. OF DENSER , g, DETAILS INCLUDED HEREIN ARE INTENDED TO SHOW END RESULT OF DESIGN. ' MINOR MODIFICATIONS MAY BE REQUIRED TO SUIT JOB CONDITIONS `'R ~ 31 Z S , ~I D ~ EE R G R E E ~ C R . i SITUATIONS, AND SUCH MODIFICATIONS SHALL BE INCLUDED AS PART OF THE THE PROPOSED PROJECT INf ~i scoPE QF WoRK. SUITE 510 N A P N TRATIQNS THROUGH FIRE-RATED AREAS WITH U.L, LISTED ENGEEWOOD COEORADO 8O1 1 1 INSTALLATION OF A BASE TI 10. SE L E E OR FIRE , MARSHALL APPROVED MATERIALS IF APPLICABLE TO THIS FACILITY FND/OR MOUNTED ON EXISTING CON( PROJECT SITE. t+ R HIT T INSTALLATION OF 3 ANTENN A PROVIDE A PORTABLE FIRE EXTINGUISHER WITH A RATING OF NOT l ~S EXISTING TOWER. 11. 5 THAN 2-A QR 2-A10BC WITHIN 75 FEET TRAVEL DISTANCE TO ALL PORT?~iNS OF t.. KDC ARCNITECTS.ENGINEERS P.C. 3 ARRAYS 3 ANTENNAS PE THE PROJECT AREA DURING CONSTRUCTION. 3091 SOUTH JAMAICA CT. INSTALLATION OF A 12 HIG u 12. AURORA coEORADO 80014 IMPROVEMENTS, EASEMENTS, PAVING, CURBING, ETC. DURING CONSTr~ICTION. _ ' COAXIAL CABLE RUNS FROM UPON COMPLETION OF WORK CONTRACTOR SHALL REPAIR ANY DAN~~GE THAT - 303 150-G999 A NEW TELEPHONE SERVICE L. MAY HAVE OCCURRED DUE TO CONSTRUCTION ON OR ABOUT THE Pz~OPERTY. CONTACT: RANDAEE STElNKE A NEW 10OA ELECTRICAL SE 13. CONTRACTOR SHALL SEE TO IT THAT GENERAL WORK AREA IS KEPT CLEAN AND HAZARD FREE DURING CONSTRUCTION AND DISPOSE OF ALL DIf~T, DEBRIS, BTS AREA 1S APPROXiMATEL c,.~ . RUBBISH AND REMOVE EQUIPMENT NOT SPECIFIED A5 REMAINING ON THE TRI A N IN R PROPERTY, PREMISES SHALL BE LEFT IN CLEAN CONDITION AND FRET FROM PAINT SPOTS DUST OR SMUDGES OF ANY NATURE. } KDC ARCHITECTS,ENGINEERS P.C. 9 14. THE ARCHITECTS/ENGINEERS HAVE MADE EVERY EFFORT TO SET FOf?TH IN 3091 SOUTH ~AMRICA CT. THE CONSTRUCTION AND CONTRACT DOCUMENTS THE COMPLETE SCOf~E OF I TH J ARE NEVERTHELESS CAUTlO!~~~~~ THA AURORA COEORADO 80014 WORK. CONTRACTORS BIDDNG E OB ~D T , MINOR OMISSIONS OR ERRORS IN THE DRAWINGS AND OR SPECIFICATIONS 1 30 3 7 5 0 6 9 9 9 SHALL NOT EXCUSE SAIp CONTRACTOR FROM COMPLETING THE PROJECT AND i IMPROVEMENTS IN ACCORDANCE WITH THE INTENT OF THESE DOCUMENTS. THE c~ _ CONTACT. ~~TE1,~E U~~OODRUF~~ BIDDER SHALL BEAR THE RESPONSIBILITY OF NOTIFYING (IN WRITINGS THE ARC+'~ITECT/ENGINEER OF ANY CQNFLICTS, ERRORS, OR OMISSIONS PRIOR TO THE SUBMISSION OF Cr~NTRACTOR'S PROPOSAL. IN THE E'lrNT OF DISCREPANCIES THE CONTRACTOR SHALL PRICE THE MORE COSTLY OR r ~ p EXTENSIVE WORK, UNLESS DIRECTED OTHERWISE. j 15. CpNTRACTOR MUST PERFORM WORK DURING OWNER'S PREFERRED HtrrURS TO .tom AVOID DISTURBING NORMAL BUSINESS. l6. ADA COMPLIANCE: FACILITY 1S NOT STAFFED AND NOT NORMALLY O~T;CUPIED, f _ _ i ~J, 7s• i. a INIT VI Y M P N.T.s. o Wheat Ride 9 Puno~ar~ Pnrk a. w. )2f~ 181 4 SITE - Ll K Crown Hill Luke • ~ 9 w. ~sn+ ~v~ CR 34 t~• Edewtr N i` l l 1 UV I I■ 1 3 a W BOTH 4T fMor5e Park Spiva American di col Cente v~ 9TH AV . W. 2 E " cuRS CUT N89'S6'00"E 623.44' 36~ NORTH UNE LOT i, BLOCK 3 a cDNSOUDArED ►auTUAL UNE OF WATER DISTRICT EASffdENT REC. 78057759 ~ EXIST'G BLDG. p Y S tO4' U - CUT OPENING IN EXIST'G MASONRY WALL FOR CABLE TRAY SEE DETAIL Ql 5568 LEASE PARCEL 12" MASONRY WALL ON 3-SIDES 32" 36" 30" 12„ 30„ 12„ ~ (E1 SFtF-SUPPf1RnlJ(: co e rn CV I - a~-. 4 ~ N IFUTUREI f a, n N I I ~ ! C0 - r ~ ~ w PARCEL II $ " ~ i r o~ ° N 1 /2, E 1 /2 OF PROPOSED GPS Q 1 ° W ° ANTENNA ° $ LOT 1, BLOCK 3 ~ ~ ~ PRIM SEE OTL. 561 ~r ~ EARTH S SUBDIVISION - - . ~ _ c.a PARCEL I m ~ ~ ~ ~ LOT ,2, BLOCK 3 ~ r'//; v EARTHS SUBDIVISION a p~ ~ r~ 'r%~ ji , m ~ 9'-Q" HIGH i~~ r ~ MASONRY WALL EXISTING ~ ~ E ~ ~ > '<n ~ a . t0 i ca ~ ' f~ ~ ~ ~ t~ '~t i,~ I ~ . r+l i ~ ' 9.0 ' ~ , • ti EPS NEW TRANSFORMER $ Ek ~ ~•~~2 ui~~~sY Q7 S~ ~r,5 ~ O19 I s5-~~ , ,9 EXIST'G PAIR OF = tiN~~ ~4•~,2 CHAIN LINK GATES I i ~ I UJ ~ 73.3' © w w ~ 3 - .j o ° ° XI T ~ ° o . Q " ~ E SING CONCRETE PAD ~ ~ ~ o zs.7 m 2 -3 ABOVE SIDEWALK N ~ N U (J 'v m Uw1 Q ~ n' Q WHEAT RIDGE CIT'~ OFFICES 2 ~ 7 ~ SCA 1 _ „ Z 500 W. 29Tk, AVE. 1 -Q J ~ 3.3 w 48. t' w b U ' f LEASE PARCEL = m i " 125 S .FT. Q Q I 28.1' rz- r~ ~ LINE OF N89'55'S2"E z 9.02' EXISTING BUItDIN " i O % a~.$ LEASE D4 ~ PARCEL ~ p '1 125 SOFT, 2 ELECTRIC at'B ~Sn L u.c TRANSFORMER PANELS in ~ ~ ELecTRlc au r °n 1 1' r7 t ~ ~ n 5481.0 T R a~.a ' ~ XISTING E Q rh i WER ~ w LEG 4 A 5' UTILITY g~,q N R15ER G # EASEMENT T r CONC, ~ o 0 TELEPHONE U.G. GAS S89 5& 27 W 64.99 h * ,G, NGQ, , 2 £LEC RIC o ~ G G TELEPHONE 3g 02 W PANELS INLETS v PEDESTAL C7 ~7500A ASPHALT ? 4.9~ ~ 61.$ S T 79.0 81.3 ~ 8" BRICK WALL z GATE S00'43 54"E 7a.a 't t tt~ a S8 '44" T 4.84' E 9 25 W 6 VERT, CURB 9.02 '43'S6~W (TYPICAL) { ~o' uTluTV 2a.23' 6" U RT EASEMENT ~ E ,CURB U,G. ELECTRIC SOUTH LINE LOT 1, 9l0CK 3 E X89`5412 W 623.48 PARKING 2 NOTE: 1. REM SEE AREA OVE EX S A-1 POWER BLO 2. BLOCK OFF 1 i FOR BLOWEI ,1 1 19 SCALE: 1 =50 -0 3 f, 1 SCALE. ~ = 1 -o i,~~ i b ANTE~~NA CABLE 1 5/8" DIA. 24" ~I~IN, BENDING RADIU5 ~ EXIST'G WALL 4 ..ANTENNA 4 i 12" LADDER TYPE CABs-~ TRAY ATTACHMENT PLATE FASTENED I i CUT OPENING IN EXIST'G TO EXISTING A STRUCTURE ~ W LL FOR CABLE TRAY ~ PROVIDE BUTYL RUBBER ( AS REQ 0 ) EXIST'G TOWER LEG TAPE AND PLASTIC TAPE r FOR MOISTURE PROTECTION ANDREW TYPE 221213 I I i - , I r I I I 1/2~ COAX CABLE "J I EX1ST'G CONC. SLAB OR EQUAL ~ ) lO" MIN. GROUNDING KIT BENDING RADIUS P1000 UNISTRUT ctrl mrn rn r~ . n ~ ~ -DEt,ur~LU iv and WI TH 3/8" X 7/8" HILTI 1N T CONDUIT SULA ED GROUNDING TYPE EXPANSION BOLTS BU RING THREADED 0-Z GEDNEY TY E HDLG JEY NUMBER OF RESIDENTIAL UNITS NONE SHEET NUMBER NUMBER OF PARKING SPACES NONE NUMBER OF HANDICAP SPACES NONE RACEWAY ANTENNA CABLE ROUTING STANDARD DETAIL _ GPS 55fi NTS 561 ANTENNA INSTALLATION STS A■~l DWG NAME: WHEAT/A-1 TDATE. 12/3/96 320 PM i. a EXIST'G 20' DIPOLE ARRAY O 152 EXIST'G 5' DIPOLE ARRAY i TOP OF TOWER LEVEL ~ ELEV +160'-0° ti P~- ~ ELEV. 140'-0" 0 Lr ~ ~ t~ ~~~8 0 0 2 ~ ~ A-1 ELEV. 120'-0° ~ Q PROPOSED (3) 54"x7"x3" PANEL ANTENNA. i i DAPA MODEL 58070 WITH DOMNTILT BRACKET (TYP) ~ ELEV. 100'-0" ~ EXISTING ANTENNAS I ~ ELEV. 80'-0'~ EXIST' G MICROWAVE ~ W/ RADOME e ELEV. 60'-0" EXISTiN; TOWER 0 0 i a o° EXISTING ANTENNAS f. ~ ELEV. 40'-0" Q X N I L ti" ELEV. 20'-0" APPROX. LOC. OF EXIST'G PAD MOUNTED TRANSFORMER EXISTING EXPOSED EXISTING SLAB AGGREGATE ~ I GROUND LEVEL ~ 10'-0" HIGH ~E~EV. +0' 27 34'-9.' r PROPOSED BTS EOUPMENT LOCATION EXISTING 8~-0~ HIGH CHAIN LINK FENCE ~ 3 ~t ~,~UTFi ELEVATION ~ SCALE: 1/16" = t'-OF r. r SHEET NUMBER A~2 DWG NAME: WHEAT/A-2 DATE: 12/3/96 3131 PM u, J a a LINE OF a Y EXISTING BUILDlN S TOWER RESTS ON ~ A 27" HIGH RAISED ~ ~ CONCRETE ~ ~ EXIST, SELF- SUPPORTING TOWER MAST TOWER AXIS 21" 30" 36" 21" FUTURE ANTENNA 9'-0" HIGH MASONRY WALL ~3) DAPA 58Q 10 ANTENNAS N ti ti \ ~ FACING DUE NORTH 0 FUTURE I I PWR TEL ~ CABINET N I \ ~'r,~ ._J O O 3 N I~ PROPOSED PRIMARY o ~ i CABINET o _ PROPOSED GPS _ / 1 ROHM yY12JJFRACK rIIRF ~ L ANTENNA SEE D TL. 561 Q o I o ~ I ~a ~ I W. 29TH AVE. PROP _0 / OSED POWER r CABINET + FUTU>~ " ANTEN " cuRe cuT N89'S6'00"E 623.44' o r ~ NORTH LINE LOT 1, BLOCK 3 ( CONSOLIDATED MUTUAL d' I XISTING ~ i WATER DISTRICT EASEMENT MANHOLE NAPA ; REC. # 78D57759 ANTENNA$ i 104' . 9.00 FACING 24l ~r~ r EXISTING PAIR OF CHAIN LINK 2 9 -0 2 GATES FOR ACCESS TO LEASE PARCEL (9'-0") • rJ 1 ~l 4' 8" EXISTiP EXISTING CONCRETE PAD 2'-3" ABOVE SIDEWALK ~---MASONRY 4'- J r , LEASE PARCEL (12" MAS01 i~ WALL ON 3-SIDES) a rn , o ~ ~ ~ " cv I l ~ w ~ u , n , PARCEL II scA~E: ~ = ~ -o J ° U ~ q~ a N 1 /2, E 1 /2 OE W LOT 1 BOCK 3 ° ° ~ z , BARTN S SUBDIVISION ANTENNA PARCEL I !I LOT 2, BLOCK 3 ~ , BARTH'S SUBOIVI SION r K Tn[ > m , ~ ~ U r I 7' ~ ATTACHMENT PLATE FASTENED 1 : - TO EXISTING STRUCTURE ~ PROVIDE BUTYL RUBBER ( AS REO'D) TAPE AND P A TI T t ' ~ _ L S C APE s . ~ ~ FOR MOISTURE PROTECTION ANDREW TYPE 221213 ~ 69 EST { ~ dw X35 y EPSEM i 4 J ~ ,382 ~ utti~~t t I S GRESS 1909 Ess-E 1/2~ COAX CABLE _ ~"~g ~~,3a (OR EQUAL ) I- N GROUNDING K1T 10" MIN. BENDfNG RADIUS O ~ ~ ~ 73.3' CONDUIT INSULATED GROUNDING TYPE ~ Q~ o o ~ _ I BUSHING THREADED 0-Z GEDNE TYPE HDLG Q m° o~ ° W o o° ~ S ~ ~ o M 22.7' N ° ~ N tj O v o. WHEAT RIDGE CITY oFFI ~ STANDARD DETAIL -GPS a CES z 7 561 z 50o w. 29TH AVE. ANT NNA NT5 E INSTALLATIQN ~ 3.3 w ~ 48J' Z w U o ~ " 2 ~ f- ~ ~ " 32 ~ LEASE PARCEL o ~ ~ T 0 25 SQ.F , ~ ~ za.r 0 Z N89'S5'52"E LINE OF .,ti _ .ry EXISTING BUILDIN x•02 ° LEASE ' PARCEL 8t8 i 125 SO.F I.x u ~ ~ _ . ELECTRIC 2 EIECTRlC 81.6 !y o , TRANSFORMER PANELS ~n ~ M o I ~ exlsnNC E T WEf l TOWER Q ~ 5481.0 i A ~ ~ w LEG G RISER ~ 5' UTILITY iv 4,~ TELEPHONE U.G. GAS G G 589'56 27 W 84.99 = h ~ - A T PEDESTAL TELEPHONE E SEMEN 2 ELECTRIC GONC' p M ,~O C~ f ;¢7500A ASPHaLr ° ~ N00'38 02 W PANELS INLETS ~ $ T ~ 4.97' °o T 79.0 8t.3 8.8 8" BRICI GATE T S00'43'S4"E X8.8 6 VERL CURB 4 $4' 589'25'44"W to' unuTY oo'a ' s'w (TYPICaL) E , 2a.2s 9.D2 EASEMENT souTH uNE LOT t, BLOCK 3 6" VERT. CURB U.G. ELECTF S89 5412 W 623.48 E PARKING AREA i NOTE: i. REM v 0 E EXISTING SOLAR POWER B~OWFR UNIT Li Ir SHEET SITE PLAN 2. BLOCK OFF EXISTING DRAIN ~ SCALE: 1 =50'-0 FOR BLOWER UNIT b PLEASE PARCEL PLAN ,N C/~v DOWN TILT ANTENNA BRACKET DTL. NUMBERA _i SCALE: 1 8' = 1'-0'r J Q. d C) `.L S U CD Z O z w _O ~ EXIST'G 20' DIPOLE Q ~ t- ARRAY ~ 152 EXISf'G 5~ OIPO~E ARRAY G: tY TOP OF TOWER LEVEL ~ ~ ~ 5 ELEV +160'-0" 0 A M' lv ~ ~ W ~ ~ ~d SL~U m ~ 0 t4 tp t0 °e. \ \ W ~ ELEV. 140'-0° ~ I~1 N r- \ \ cr 0 ~ g ~ 0 0 2 O 0 aaaaaa~~a as ELEV. 120'-0" A ~ O Q PRO'OSED (3) 54"x7°x3" r~ PAt~L ANTENNA. DAP4 MODEL 58010 WITH DONNTILT BRACKET (TYP) ELEV. 100-0" EXI~~ING ANTENNAS 0 V ELEV. 80'-0" EXIS-' G MICROWAVE W/ RADOME Architects -Engineers, P,C. 3091 S. JAf~A~A Ct. SUI1E 200 Auraru, CO. $~14 303.7.6999 FAX 750.0236 ELEV. 60'-0° EXISTING TOWER 0 0 i ~ LUCENT TECHN4lOGIES o ° EXISTWG ANTENNAS 0 AND BECHTEL V ELEV. 40'-0" 0 ALLIANCE p~- EXISTING DIPOLE . F~J~ti~~; gl r _ - ELEV. 20'-0" ~ ELEVNED CABLE TRAY (10~-0") EXISTING EXPOSED EXISTING SLAB AGGREGATE i ~ GROUND LEVEL I 10'-0" HIGH ELEV. +0' 27" 34'-9° f PROPOSED BTS E~~UIPMENT LOCATION EXISTING 8'-0~ HGH CHAIN LINK FENCE SOUTH ELEVATON ' SCALE: 7/16"=1'-0" ~yy T 7 1 i SHEET NUMBER A.~..2 DWG NAME: WHEAT/A-2 DATE: 10/1/96 12+16 PM i,. NW COR. SW 3 SE 1 /4 SEC, 26 T3S, R69W, 6TH P.M. 29TH A . LEGAL DESCRIPTION -ENTIRE PARCEL LEGAL DESCRIPTION - 5' UTILITY EASEMENT N cuRe cur N89'S6'00"E 623.44' ' PARCEL is AN EASEMENT, 5.00 FEET IN WIDTH, OVER AND ACROSS A PORTION ~ LOT 1, BLOCK 3, ~ 8 ' NORTH LINE lOT t BLOCK 3 CONSOLIDATED MUTUAL 59 8 i i lOT t, BLOCK 3, EARTHS SUBDIVISION, EXCEPTING THE NORTH HALF OF THE EAST HALF OF EARTHS SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING 2.50 FEET ON SAIp LOT AND THE WEST 6 FEET OF SAID LOT THEREFROM, COUNTY OF JEFFERSON, STATE EITHER SIDE OF THE FOLLOIMNG DESCRIBED CENTERLINE: WATER pISTRICT EASEMENT , REC. ~ 78057759 F OF COLORADO. COMMENCING AT THE SOUTHWEST CORNER ~ THE ABOVE-DESCRIBED LEASE PARCEL; , J PARCEL II: THENCE SOUTH 89'25'44" WEST A DISTANGE OF 9.57 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00'38'02" WEST A DISTANCE OF 4.97 FEET TO THE POINT OF N 1/2 E 1/2 OF LOT 1, BLOCK 3, EARTHS SUBDIVISION, EXCEPT THE EAST 25' AS DESCRIBED IN TERMINUS. BOOK 722 AT PAGE 353, COUNTY OF JEFFERSON, STATE OF COLORADO. SURVEYOR'S CERTIFICATE LEGAL DESCRIP110N -LEASE PARCEL I, CREIGHTON R, MOORS, A PROFESSIONAL LAND SURVEYOR REGISTERED IN THE STATE OF A PARCEL OF LAND SITUATED IN A PORTTON OF LOT 1, BLOCK 3, EARTHS SUBDIVISION, COLORADO HEREBY CERTIFY THAT A BOUNDARY AND TOPOGRAPHICAL SURVEY OF THE COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS ABOVE-DESCRIBED LEASE PARCEL WAS MADE UNDER MY DIRECT SUPERVISION.I FURTHER FOLLOWS: CERTIFY THAT THE ABOVE LEGAL DESCRIPTIONS AND ATTACHED DRAWINGS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. COMMENCING AT A POINT 6.00 FEET EAST OF THE SOUTHWEST CORNER OF SAID LOT 1; NINNNINt~N THENCE NORTH 89'54'12" EAST ALONG THE SOUTH LINE OF SAID LOT t A DISTANCE OF ~pOO ~i 225.59 FEET; THENCE NORTH 00'43'56" WEST A DISTANCE "OF 75.51 FEET TO TFiE TRUE ~aQ~'O~•~~ ~~~l~~ry POINT OF BEGINNING; THENCE CONTINUING NORTH 00'43'56 WEST A DISTANCE OF 13.93 ~ V. ~ FEET; THENCE NORTH 89'88'82" EAST A DISTANCE OF 9.02 FEET; THENCE SOUTH 00'43'56" EAST A DISTANCE OF 13.85 FEET; THENCE SOUTH 89'25'44" WEST A - ~ c ~ ~ ~ ~ DISTANCE OF 9.02 FEET TO THE TRUE POINT OF BEGINNING, ~ ~ ~ J n+, ~ ` o CONTAINING 125 SQUARE FEET. CREI ~ MOO~+~t~a~a N N ~ ~ LEGAL DESCRIPTION -INGRESS-EGRESS & UTILITY EASEMENT J~LYN2~7~iq~1+AM01~~+~`~~, PARCEL II ~ ~ ~ ~ w o ~ $ N1 2,E1;20F AN EASEMENT OF VARYING WIDTH, OVER AND ACROSS A PORTION OF LOT 1, BLOCK 3, o Q ~ ~ LOT 1 BLOCK 3 EARTHS SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: o ~ ~ ' z EARTH S SUBDIVISION W ~ U ~ COMMENCING Ai A POINT 6.00 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 1, SAID NOTES POINT BEING ON THE SOUTH RIGHT-OF-WAY UNE OF WEST 29TH AVENUE; THENCE NORTH Q~ I PARCEL I 89'58'00" EAST ALONG THE NORTH LINE SAID LOT 1 AND THE SOUTH RIGHT-OF-WAY NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL AC110N BASED m ZN I LOT 2, BLOCK 3 ~ ~ ~ I UNE OF SAID WEST 29TH AVENUE A DISTANCE OF 186,02 FEET TO THE TRUE POINT OF UPON ANY DEFECT IN THIS SURVEY 4NTHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH BEGINNING; THENCE SOUTH 00'DOb0" WEST A DISTANCE OF 27fl.47 FEET; THENCE SOUTH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE ' ~ O cn BARTH S SUBDIVISION 71'38'12" WEST A DISTANCE OF 135.$9 FEET TO A POINT OF CURVE; THENCE ALONG THE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERITFICATION SHOWN c~ o ARC OF A CURVE TO THE LEFT WAVING A CENTRAL ANGLE OF 71'38'12", A RADIUS OF 38.00 HEREON, ~ ~ ~z i FEET AND AN ARC LENGTH OF 47.51 FEET, WHOSE CHORD BEARS SOUTH 35'49'06" WEST A DISTANCE OF 44.48 FEET TO A POINT OF TANGENT; THENCE SOUTH 00'00'00" EAST A NO PINS WERE SET AT THE CORNERS OF THE LEASE PARCEL. a io U U U DISTANCE OF 38.09 FEET TO A POINT OF CURVE; THENCE ALONG THE ARC OF A CURVE TO Qw THE LEFT HAVING A CENTRAL ANGLE OF 38'44'43", A RADIUS OF 285.50 FEET AND AN ARG BENCHMARK - 5 1/4 CDR. SEC. 26, BEING A 2 1/2" ALUM. CAP IN RANGE BOX PLS 13212. LENGTH OF 193.07 FEET, WHOSE CHORD BEARS SOUTH 19'25'55" EAST A DISTANCE OF ELEVATION = 5474.99. r~i ~ > ~ I 1 189.41 FEET TD A POINT OF COMPOUND CURVE; THENCE ALONG THE ARC OF A CURVE TO THE P 1 LEFT HAVING A CENTRAL ANGLE OF 51"15'03", A RADIUS OF 65.00 FEET AND AN ARC BASIS OF BEARINGS -ASSUMED BEARING OF N 00'05'30" W ALONG THE WEST LINE OF THE ~ 1 LENGTH OF 5$.14 FEET, WHOSE CHORD BEARS SOUTH 64'25'54" EAST A DISTANCE OF ENTIRE PARCEL, BEING 6,00 FEET EAST OF THE SW CDR, LOT 1, BLOCK 3, EARTHS 56.22 FEET TO A POINT OF TANGENT; THENCE NORTH 89'56'27" EAST A DISTANCE OF 90.29 SUBDIVISION AND THE EAST RIGHT-OF-WAY LINE OF WADSWORTH BOULEVARD. Ft FEET; THENCE NORTH f?0'43'S6" WEST A DISTANCE OF 30.07 FEET; THENCE SOUTH 89'25'44" WEST A DISTANCE OF 25,00 FEET; THENCE SOUTH 00'43'54" EAST A CONTOURS AS SHOWN ON SHEET 2 OF 2 ARE ON A ONE-FOOT INTERVAL. DISTANCE OF 4.84 FEET; THENCE SOUTH 89'56'27' WEST A DISTANCE OF 64.99 FEET TO A • d= 71' '1 " a ~ F R= 38.00' / 3 / POINT OF CURVE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ACCORDING TO F1000 INSURANCE RATE MAP COMMUNITY PANEL NUMBER 085079 0005 C L= 47.51' 135'89 S~~EN / ~ ANGLE OF 51'14'55", A .RADIUS OF 40.00 FEET AND AN ARC LENGTH OF 35.78 FEET, WHOSE GATED FEBRUARY 4, 1988, THE SUBJECT PROPERTY 15 ZONED C -AREAS OF MINIMAL _J CHD= S35'49'O6"W /~1~'~ `T( EP / 44.48' /51'38 U~1' ~ CHORD BEARS NORTH 64'25'54° WEST A DISTANCE OF 34.60 FEET TO A POINT OF Fl00DING. COMPOUND CURVE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL c~~, ~ g l ANGLE OF 38'44'43", A RADIUS OF 260,50 FEET AND AN ARC LENGTH OF 176.t6 FEET, THE IEGAI DESCRIP110N AS SHOWN HEREON FOR THE ENTIRE PARCEL WAS TAKEN FROM / ,ESE 19p1 01 Y " ORES , 8 t2 E 1 ~ WHOSE CHORD BEARS NORTH 19'25'55" WEST A DISTANCE Of 172.62 FEET TO A POINT OF 11TLE SERVICES, INC. ORDER NO. P1030 DATED JULY 12, 1996. PARCEL II EXCLUDES THE EAST TANGENT; THENCE NORTH 00'00'00" EAST A DISTANCE Of 38.06 FEET TO A POINT OF 25'; HOWEVER, BY ORDINANCE 875 SERIES OF 1991, THIS AREA WAS INCLUDED IN THE iN 71 ~ to I"" N ~ ~ M CURVE; THENCE ALfH~IG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF OVERALL OWNERSHIP BY THE CITY OF WHEAT RIDGE, ~ t0 i • E t0 71'38'12", A RADIUS OF 13,00 FEET AND AN ARC LENGTH OF 16.25 FEET, WHOSE CHORD BEARS NORTH 35'49'06" EAST A DISTANCE OF, 15.22 FEET TO A POINT OF TANGENT; REGEPTTON N0. 83009860 IS A CABLE EASEMENT WHICH CAN NOT BE LOCATED GRAPHICALLY o~ THENCE Nf?RTH 71'38'12" EAST A DISTANGE OF 190.19 FEET; THENCE NORTH 04'00'00° ON THE ATTACHED SURVEY AS AN EXHIBIT IS NOT INCLUDED IN THE 11TLf WORK. s`',,' tt? W E t c CACT A f1tCTA~inr - e r_n 4= 7i'38'i2" _ N w - ~ w w R= 13,00 73.3' ~ 0 ` L= 16.25 ~ d' 2 3 . a o ►n Q e ~ ° ~ ~ CHD= N35'49'O6"E L D ° °o °a 15.22' ~ D tr co ~ ~ ao , ~ ~ O N M °o °o n 22.7 O tQ ~ Z ~ ~A U O ~ 8 ~ O ~ ~ E o WHEAT RIDGE CITY OFFICES S- i z Z 7500 W. 29TH AVE. c J P ~W 3.3 N F- 8 ~ _ 48.1 F U ~ ~ ~ 1. ~ 2 N e; 3 ~ M- 38'44'43" T N R= 260.50 I L= 176.16' 0 28.1' ~ CHD= N19'25'55"W Y' ~ 172.82 O Z iv t iA LEASE h , PA 125 SQ.FT. U.. ' A= 5t'14'S5" ELECTRIC - '44'43" R= 40.00 R= 285.50 L= 35.78' l= 193,07' CHD= N64'25'S4"W EXISTING E ° '6 ' ~ CHD= S19'25'S5"E 34.60' , OWER 189.41' ~ S ~4 4 E '--j, ~ 4.84' \ RISER 0 ~ TELEPHONE U.G. GAS S89'S6 27 W 64,99' ~ _ .G. PEDESTAL G G " ~ TELEPHONE 89 W r ~7500A ~ ASPHALT 25.00' b 'L1 NB ' 6'27" 9' °z r r~~- i~ T ~ S7 ' 516 6 VERT. CUR 8 111.81' ~ 10' UTILITY _ - N00'4 ' fi"W (TYP{CAL} N89'56'27"E 24, 23' EASEMENT 120 00' 1Li . SOUTH LINE LOT 1, BLOCK 3 i' S89' 412 W 623.48 51'15'03" R= 65.00 40 L- 58.14' CHD= S64'25'54"E 56,22' FOUND PIN & CAP LS 438 6.00' EAST OF ' ~ SW COR. LOT 1 rn Fs~ { ~ Y ' ~ S 1 /4 COR. SEC. 26 ti: N FOUND 2 1/2" ALUM. CAP ! IN RANGE BOX PLS 13212 BENCHMARK -ELEV. 5474.99 F i SPRINT SPECTRUM L.P. i - - - § C R 0 L'4 MOORE sukucnNC WHEAT RIDGE MUNI TOWER - SITE # 45-58-06-Y1 P.O. BOX 5153, ARVADA, CO. 80005 PHONE (303) 422-1918 CERTIFICATE OF RESOLUTION • i, Mary Lou Chapla, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson, State of Colorado, on the 23rd day of January, 1997. CASE NO: TUP-96-13 APPLICANTS NAME: SBA of Denver, Inc, for Sprint Spectrum LOCATION: 7500 W. 29th Avenue Upon motion by Board Member ABBOTT seconded by Board Member THIESSEN , the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. TUP-96-13 is an appeal to this Board from the decision of an Administrative Officer; and WHEREAS, the property has been posted sufficiently there WERE NO protests registered against it; and • WHEREAS, the relief applied for MAY be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No. TUP-96-13 be and hereby is APPROVED. TYPE OF VARIANCE: Temporary Use Permit PURPOSE: To allow the placement of a personal communications service panel antennae on an existing municipal tower. FOR THE FOLLOWING REASONS: 1. The applicant is currently in the process of receiving a Special Use Permit from City Council. 2. The City of Wheat Ridge signed a lease with Sprint Spectrum and Sprint Spectrum is not receiving compensation expected by the lease. 3. The presence of the Sprint Spectrum equipment will. have no major impact on the aesthetics of the surrounding community, as it is smaller than the existing AT & T antennae. 4. Sprint Spectrum is on a time line critical to their business relating to this installation. • Resolution/Case No. TUP-96-13 Page 2 5. Existing tower users have no objections to this request. 6. There are no negative impacts related to the evaluation criteria. 7. Planning Commission has granted approval. WITH THE FOLLOWING CONDITION: 1. The Temporary Use Permit shall be invalid in 365 days or upon completion of the Special Use Permit process by the City Council; whichever occurs first. VOTE: YES: Abbott, Echelmeyer, Howard, Junker, Mauro, Thiessen and Walker - NO: None DISPOSITION: Temporary Use Permit granted for one year by a vote of 7-0. DATED this 23rd day of January, 1997. ROBERT W~KER, Chairman Mar o Chapla, secretary Board of djustment Board f Adjustment