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WIRELESS TELECOMM FACILITY, 2121 S. COLLEGE - PDP - 18-01 - SUBMITTAL DOCUMENTS - ROUND 1 - PROJECT NARRATIVE
LEGAL DESCRIPTION 2121 SOUTH COLLEGE AVENUE BIG A SELF STORAGE PT LOT 3, BANKCENTER SQUARE I", FTC, and NE'/4 23-7-69 DESC: BEG AT NW COR SD SUB, TH ALG LN SD LOT 3 E 191.94 FT, S 73 50' E 149.03 FT, S 85' 12 E 30/93 FT, S 191.69 FT, W 364.04 FT TO W LN SD LOT 3, TH N 0 26' W ALG SD W LN 235.78 FT TPOB, AND ALSO BE AT NW COR SD LOT 3, TH W 8.75 FT TO E ROW C$S RR, TH ALG SD ROW S 5 47' 30" W 236.98 FT, TH E 34.35 FT TO W LN SD SUB, TH ALG SD W LN N 0 26' W 235.78 FT M/L TPOB. Source: Larimer County Assessors Office. June 7, 2001 City of Fort Collins Re: Zoning Admin Application Fees Enclosed please find check No. 00389 in the amount of Three Thousand Eight Hundred Eighty Seven Dollars ($3887.00). This check is for Zoning Admin Application Fees for Site FNL-002A. Lucent Technologies and Cricket thank you for your assistance on this project. Sincerely, Jerry D. omlin C.P.M, Lucent Technologies Vendor Manager June 11, 2001 City of Fort Collins Re: Property Owners Mailing Fees Enclosed please find check No. 00396 in the amount of One Hundred Sixty Eight Dollars ($19.50). This check is for Property Owners Mailing Fees for Site FNL007A. Lucent Technologies and Cricket thank you for your assistance on this project. Sincerely, /U0 v Jerry D. Tomlin C.P.M, Lucent Technologies Vendor Manager SUBMITTAL CHECKLIST WIRELESS TELECOMMUNICATIONS FACILITY REVIEW The following information is required to be submitted, unless waived, with all applications. Any item waived must be dated and initialed by a planner with the City of Fort Collins Current Planning Department. Application form and $3,887.00 filing fee (plus .50 cents for APO label). IW- b J mac( -1b Two (2) lists of names and addresses of all owners of record of real property within at least 500' of the property lines for the parcel of land for which the project is proposed, exclusive of public -rights -of - way. One (1) list typed on mailing labels (33 names per sheet) and the other list a reproducible copy of those labels. Legal description of property (2 copies) on 8 %2 " x 11" sheet. Planning Objectives (16 copies) Architectural Elevations (5 copies) (folded) Site Plan (16 copies) (folded) Utility plans (water tap plan — how will water be provided to site?) (6 copies) (unfolded) Other information Director may require: ***Note: This is for a brand new facility with the pole and equipment >tR:'rt a [J I A tract of land loeat In tha AOcth..at Ou•rter (s= CSection 23, 7bvnahlp') "orth, Range 41 West of the itA T.H. Vl..ac' f3ankcen er. Stata Of Collfado, belnq a part Of Lot 3 n�uare rlrat rillnq, c: r^rt ColllC•arl'ec C • subdivisiondlsubdivision!w th• CltT racord«f in the recocde of Lc nd more, particularly CColorado as filed aacIu t:7, C"100860 and. being es�lb�d as C011wat •p fSeQ1nnln:7 at th• Morthwst corner (M11 SCar) of said dankcynGat Quar• First ri11n, and conaldatlnQ the' went 11" Of Lot ] of Bald 8snke■ntec Square First rill., to beat, t"reto� gl to with all other btariWorth O6.2i'00' neontalned,hereln being relative tliare Thence along tlll�q Q �� �+ndary of Lot 3 Of said ftankcenter 34uare� 0r the following Lour (41 bearIno and diakancasj north South !O.00800• 73-50.004 l:aat, 19I.1/ L.e_r South 15 12 n0' flat, ftast, 149.01 30.31 feed f•et South 00.00'no. *dam. I11.41 [eett Thence Month !0'00'00• meat 36J,04 f«t to a point on. tb.'•. lest 11" of Lot 3 of said eankcentac Square First riling*. Menc't Korth 00.26'00• most along tha macs: lure of Lot 3 at Said 8anke•ntsr SCuat• of Ssglnnln,, esrirst Pillnq. 735.74 test to the "lot TAAC rt I I e::r_ Of land located In the Noc thea■t 1// ' of . r''etlam' 23.' rclp 7 north, Racga 63 Of rt Colllru, Councr w4 st of tho ith P.M., In the Citr Of ryof Larlaer, Stt a• oC.Colocado,.y�;y; nl++ ora rticularlr desLlD.d as follows. " 11 inning aCtha Mocth...st .'cornet Of Squaref'Dankc•�ot�c SQuar• rinse riling, and ruo ty,oc•.yeae.i.75.f«t`•to • G'ot&t... On the r-ast right-of-v7 11n+ oC tha CSs.Rsilroad Mlelt'.po Ce.t fro. th• cvnterlina .oC . th• t:ackam.' th.oad alonq'':sald than rlghe-oC-vr lln. South 05•47'30•.• vast:: 2Je.l�_.LHt:'.,'.' t�"ca Last 34.IS fast to the wat,lloe`oL;Cankesnttt r1:,t ry l l..g, thonoe along said Wet lln•;:porth '00• 235.78 feet, won• or leas, to the 2e Square !*Dint of be;,ir_nin7. .,;;•.., EXHIBIT A Legal Description The Property is legally described as follows: Please see the attached. 17 C-WW\FNL Lease Reviews\007A\FNL-007A Site Lease with Option (1-18-01) - finalldoc STATE OF NEW MEMCO ) COUNTY OF BERNALILLO ) ss. I certify that I know or have satisfactory evidence that Keith D. Morris is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Regional Network Director of Cricket Colorado Property Company, a Delaware corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: _ t6 ai Z Z� \ D. NOTARY UB C STATE OF NE'N MEXICO RHONDAC. PEi ERS MY Commission Exnirac Sr- (. -,l Notary public Print Name c . My commission expires I 16 C:�LGVFNL Lease Revicws\007A\FNL-007A Site Lease with Option (1-18-01) - finalldoc In I STATE OFl ) COUNTY OF ` ) ss. This instrument was acknowledged before me on ; Watterson, an individual. .y by James P, Dated: ` L/) '•��?%tll•>3•._ My Commission Expires 4-20_2o04 STATE OF o ) COUNTY OF ) ss. c ) This instrument was acknowledged before me on —5 _ c� , b individual. by Ann Watterson, an Dated: E SHARp -#otary Public QiP R Print Name �Y 0 My commission expires PUg`'�G o� 15 C:\LGWIFNL Lease Reviews\007A\.NL_007A Site lease with Option (1-18-0I) - finall-doc 11 1 1 After recording, please return to: Cricket Regional Property Manager. 1 Southwest Region 1700 Louisiana Blvd., NE Albuquerque, NM 87110 1 Memorandum of Lease and Option Between James P. Watterson and Ann Watterson, collectively ("Lessor") 1 and Cricket Colorado Property Company, a Delaware corporation ("Lessee") A Site Lease with Option ("Lease") by and between James p. Watterson and Ann Watterson, collectively ("Lessorf the following property: and Cricket Colorado Property Company, a portion of Delaware corporation ("Lessee"), was made regarding a 1 See ' Attached Exhibit "A" incorporated herein for all purposes The Option is for a term of twelve (12) months after date of Lease. The Lease is for a term of five (5) years and will commence on the date as set forth in the Lease (the "Commencement (5) additional five (5) year terms. Date") and shall terminate -at midnight on the last day of the month in which th -anniversary of -the Commencement Date shall have occurred Tenane fifth Sth t shall.have the right to extend this Lease for five 1 IN WITNESS WHEREOF, the parties hereto have executed this memorandum effective as of the date of the last party to sig 1 LESS� 1 By: �J�Lu.. % Printed , me .lames P. Watterson Date: q� 1 t y: B Printed Name: r?�Watton Date: S 1 LESSEE: 'C 'c a Colorado Property Company, a Delaware Corporation 1 By. Printed Name: K Morris, gional Network Director Date: — • / w 1 14 C:\L.GW\FNL Lease ReviewsX007A1FNL-007A Site Lease with Option (1-18-00-finalldoc 1 1 EXHIBIT D MEMORANDUM OF LEASE AND OPTION To the Site Lease with Option dated V?l Watterson, collectively, as Lessor, and Cricket Colorado Property Company, between James P. Watterson and Ann P ny mpany, a Delaware corporation, as Lessee. 13 CXGW\FNL Lease Reviews\007A1FNL-007A Site Lease with Option (1-18-01) - final2.doc aM EXHIBIT C DESCRIPTION OF COMMUNICATIONS FACILITIES To the Site Lease with Option dated 3-Zg/;10 6 Watterson, collectively, as Lessor, and Cncket Colorado Pro e Co 2001, between James P. Watterson and Ann P nY mpany, a Delaware corporation, as Lessee. Site Plan and Equipment tely two including, but noottimited to the followined nghty (280) square feet of space of that Property described in Exhibit A • One _ ft. monopole/tower • PCS antennas, microwave and GPS equipment • Five BTS Radio Equipment cabinets • One power panel • One telco box 12 C:\LGW\FNL Lease Reviews1007A\FNL-007A Site Lease with Option (1-18-01) - finalldoc ' EXISTING SELF STORAGE BUILDING D 8 —0' 20'-0' 1 NEW STS EQUIPMENT LOCATED ' MONOPOLE FOUNDATION INSIDE STORAGE UNIT FLUSH WITH GRADE 10'—O" NEW 80 FOOT NEW 8 FOOT WOE ROLLING MONOPOLE NEW WAVEGUIDE DOOR TO MATCH EXISTING BRIDGE ' ASPHALT DRIVEWAY SITE PLAN OD aD NO SCALE Dynatek ' TELECOaMfUN)CATIONS SFxIViCES 1170 EWmum Avm,u 69013 Yomnilu 31. 9ui1a :00 Ph m 900-9 Clio 14 li*} wd. Culmdo80111 Ptwn( BOOd9447; Pbmr(303)77 OM Fa: CIlO) 7345171 Fat:. (303) J7N;83 1 FA EXMIT B 7DESCRIPTION OF PREMISES To the Site Lease with Option dated J $ ZOp Watterson, collectively, as Lessor, and Cric et Colorado Property Company,' 1, between James P. ion, as a and Ann p rry a Delaware corporation, as Lessee. The location of the Premises within the Property together with access, ingress, egress, easements and utilities are more particularly depicted as follows: Please see the attached. 11 C:\LGW\FNL Lease Reviews\007A\FNL-007A Site Lease with Option (1-18-01) - finalldoc EXlllll1TA LEGAL DESCRIPTION OF LESSOR'S PROPERTY To the Site Lease with Option dated J /f %a l Watterson, collectively, as Lessor, and Cnckct Colorado Property Company! a Dela%% re orporationtas Less ed Ann City:: Fort Collins State:. Colorado County: Larimer The Property of which the Premises are a part is legally described as follows: P�xCrt T A tract of land located In the Wort►eaat Quarter (R[ 1/4) of sect ton 73, Township 7 Worth, Range 69 wet of tha cth ►.„., Ccuncy of.Lacl^or, State of Cclo:lcado, belnq a part of hot j tf bankce ter 'Aquare rlret rill., • subdivision in !ha City cf r^rt Lari■er Count record:4 .• in the record• of Lacic d CZlocado. as filed and more particularly chat-lb*d as follove�tT, A'locado and palms be lnnln g o at eho Xor'thn,;and.co eorn.c (Nv Cor) of u !d b+nkeentar Square drat lllinq and considering the West 2Ia. of hot J of •aid bankcanter Squa=e drat riling to bear •Korth 0Lot 3 o• 102t, with all oth.r bearings eontalnad herein belnq 0*26,004 therstos Thonce along g the boundary of Lot 3 of said Eankcenter Square rill�g ar the following four (�) be and diataneaa: , ' month 90.00-00• South 73•50•oo• South 15.12.00- South 00.00'no- Cast, 191.94 East, 149.03 feet, East, 30.93 fe.t, 'teat. 111.49 fe•tt Thence North 90.00'00• meet 344.04 fe.t to a point on . tb. :teat 11" of Lot J of :aid bankcenter Square rirst riling, :'hence North 00.26.On' wet alo" tM West line of Lot '3 of ' Said Unkcenter Square rirst P of beginning. t1lnqe* , 233.70 [t to the rolat PARCLL II - _ .. .... A t=sr_ of land located in the 'Iectn•ast 1// o[ _. Township 7 Rocth, Range 63 i:ds.F.erl� 23.' t o! the 4th P.M.,.In the City .. Of Port Colllna, County of Larimer, State of. Colorado,.beu.+'.,' ^ore N rticularly deacribjd age follows.bo-ginni: M. n4'at the, No[ebveSt.•Corner of square,�LoG•�J'Of ••:banke*ate[ on th* less, riling, and n �epc•.yeat.ti.7S.fest-•t0 a point' Lae right-oC-var 11lIn+ of th1 CSS:Rallrwd Mich"..li'.So test • from thw c.ntarlino .of . the track:,,,•, thanes"along'; Said fast right-oC-..ay llne South OS•!7'JO'• ,Mesta: ZtHt; . tb'nn Cast , th,, lest to the wat;1100''of;Dantornter Square.: C' rift Pt ling, th.ncs along Said Hest .11ne :lwrth '000261: West.* 2]5.7R test, wore or leas, to tl:v NInt'of- t:eyhnir.7. .,;,;:.•., . LESSOR: f By: ' Printed r James P. Watterson �1 Date: By. 4Watterson Printed Name: Date: ' LESSEE: r ket Colorado Property P m' Company, aware corporation 1 By: Printed Name: eith , Morris ' Its: Regional Network Director Date: L ' C:\LGW\FNL 9 Lease Reviews1007A\FNL-007A Site Lease with Option (1-18-01) - finalldoc u ' ADDENDUM TO SITE LEASE WITH C TON (Additional Termsl To the Site Lease with Option dated ' Watterson, collectively, as Lessor, and Crick t Co orado Property Company between corporation. James PWattle rson an Lessee Ann In the event of conflict or inconsistency between the temps of this Addendum and the Lease, the terms of the ' Addendum shall govem and control. All capitalized terms shall have the same meaning as in the Lease. 1 ; Section I (a) of the Lease is hereby deleted in its entirety and replaced with the following: (a) In consideration of the payment of Nine Hundred and No/100 Dollars ($900) (the "Option Fee") by Lessee to Lessor, Lessor hereby grants to Lessee an option to lease the use of a portion of the real property described in the attached Exhibit A (the "Property"), on the terms and conditions set forth herein (the "Option"). ' 2. Section 4 of the Lease is hereby deleted in its entirety and replaced with the following: Lessee shall pay Lessor, as rent, Nine Hundred and No/100 Dollars ($900) per month ("Rent"). Rent shall be ' payable in advance beginning on the Commencement Date prorated or the remainder of the month in which the f Commencement Date falls and thereafter Rent will be payable monthly in advance by the First day of each month to James P. Watterson on behalf of Lessor at the address specified in Section 12 below. Rent shall increase each year by an amount of three percent (3%) over the preceding year. If this Lease is terminated at a time other than on the last day of a month, all prepaid Rent shall be retained by Lessor. ' 3. Section 5(a) of the Lease is hereby deleted in its entirety and replaced with the following: ' (a) Lessee shall have the right to emend this Lease for five (5) additional, five (5) year terms ("Renewal Term"). Each Renewal Term shall be on the same terms and conditions as set forth herein. 4. The following sentence is hereby added to the end of Section 8: Upon any termination by either party for any reason whatsoever, Lessor shall retain all prepaid Rent. ' 5. Section 15(a) of the Lease is hereby deleted in its entirety and replaced with the following: Lesseeassign or n notice to Lessor, to any controlling, controlled by, orunder common control bwith eesLess e, or any person s Lease upon eor entity that, after first re eivinn ' FCC or state regulatory agency approvals, acquires Lessee's radio communications business in the local market area where the Communication Facilities is located and assumes all obligations of Lessee under this Lease. Upon such ' assignment, Lessee shall be relieved of all liabilities and obligations hereunder and Lessor shall look solely to the assignee for performance under this Lease and all obligations hereunder. Any such sublease shall be subject to the Provisions of this Lease. Lessee may otherwise assign this Lease upon written approval of Lessor, which approval shall not be unreasonably withheld, conditioned or delayed to any person or entity with a net worth equal to or ' greater than that of Lessee. Lessee may otherwise sublease the Premises, upon written notice to Lessor. 1 ' 8 C:\LGW\FNL Lease Reviews\007A\FNL-007A Site Lease with Option (1-18-01). finalldoc ' LESSEE: Cric et 'Colo radcProperty P rt3' Company, 1 a D e corporation By: Printed Name: Keith D. Morris Its: Regional Network Director L� Date: J n / 1 C:U.GW\FNL Lease Reviews\007A\FNL-007A Site Lease with Option (1-18-0l) - finalldoc ' (c) T Lease constitutes the entire agreement a understanding of the parties, and supersedes all offers, negotia .ts 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. ' (d) Each patty in executing any documents (including a Premises. agrees to cooperate with the other Memorandum of Lease in substantially the form attached as Exhibit D) necessary to protect its rights or use of the The Memorandum of Lease may be recorded in place of this Lease by either party. ' Property is encumbered by a mortgage or deed of trust, Lessor agrees, upon request of Lessee, toobtain and furnish to7 Lessee a non -disturbance and attomment agreement for each such mortgage or deed of trust, in a form reasonably acceptable to Lessee. Lessee may obtain title insurance on its interest in the Premises. Lessor agrees to execute such ' documents as the title company may require in connection therewith. Property(e) This Lease shall be construed in accordance with the laws of the state in which the ' is located. M If any term of this Lease is found to be void or invalid, such fording shall not affect the remaining terms of this Lease, which shall continue in full force and effect. The parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to take them enforceable. Any questions of particular interpretation shall not be interpreted against the draftsman, but rather in accordance with the fair meaning thereof. ' (g) The persons who have executed this Lease represent and warrant authorized to execute this Lease in their individual or representative capacity as indicated. that they are duly (h) This Lease may be executed in any number of counterpart co pideemed an original, but all of which together shall constitute a single instrument. P each of which shall be ' (i) All Exhibits referred herein and any Addenda are incorporated herein for all purposes. The parties understand and acknowledge that Exhibit A (the legal description of the Property), Exhibit B (the Premises location within the Property), and Exhibit C (Description of Communications Facility), ' this Lease and the Memorandum of Lease, in preliminary form. Accordingly, the parties agree that upon the may be attached to preparation of final, more complete exhibits, Exhibits A, B or C, as the case may be which may have been attached hereto in preliminary form, may be replaced by Lessee with such final, more complete exhibit(s). The terms of all Exhibits are incorporated herein for all purposes. If Lessor is ted by any broker any other leasing agent, Lessor is responsible for all commission pfeesnor other aym payment torsu h Broker, and agrees( tolindetmnify` "Broker") hold ' Lessee harmless from all claims by such broker or anyone claiming through such broker. If Lessee is represented b any broker or any other leasin 'a ent Lessee is responsible for all commission fees or other a y and agrees to indemnify and hold Lessor hamilessf from all claims by such broker or anyone claiming through such ' payment to such Broker, broker. LESSO By. Printed Name: James P. ' Watterson Date: R ^ U By: Printed Name: Ann t atterson / Date: ' 6 C:\LGWTNL Lease Reviews\007A\6NL-007A Site Lease with Option (1-18-01) - finalldoc ' "Claims") including, but no, "united to, damages, costs, expenses, assessn penalties, fines, losses, judgments and reasonable attorney fift .rat the indemnitee may suffer or incur due to the existence or discovery of any Hazardous Substances on the Property or the migration of any Hazardous Substance to other properties or the release ' of any Hazardous Substance into the environment (collectively, "Actions"), that relate to or arise from the indemnitor's activities on the Property. Lessor agrees to defend, indemnify and hold Lessee harmless from Claims resulting from Actions on the Property not by Lessor or Lessee prior to and during the Term and any Renewal Term Of this Lease. The indemnifications in this section specifically include, without limitation, costs incurred in ' connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any governmental authority. This Section 14 shall survive the termination or expiration of this Lease. ' 15. Assienment and Subleasin . IIISRIIIIIJJ FelfeVeiEl-�i;jhijitiFIS and ' r See attached Addendum incorporated herein by this reference. ' this Lease and thebCommu dditionalFa less, and ssee may, u an notign ce to this Lease Lessor, mortgage or grant a securit y interest in mortgagees or holders of secure and the Communications Facility to any Provided such Mortgagees interests in this eLeaseare subject o all of the terms and provisions heir successors or of this Lly ease• In such event, Lessor shall execute such consent to leasehold financing as may reasonably be required by Mortgagees. Lessor agrees to notify Lessee and Lessee's Mortgagees simultaneously of any default by Lessee and to give Mortgagees the same right to cure any default as Lessee or to remove any property of Lessee or Mortgagees located ' on the Premises, except that the cure period for any Mortgagees shall not be less than of the default notice, as provided in Section 8 of this Lease. All such notices o thirty ortgagees shall be sent s after its receipt of Mortgagees at the address specified by Lessee. Failure by Lessor to give Mortgagees such notice shall not diminish Lessor's rights against Lessee, but shall preserve all rights of Mortgagees to cure any default and to remove any property of Lessee or Mortgagees located on the Premises as provided in Section 17 of this Lease. 16. Successors and . This Lease and the Easement granted herein shall run with the land, and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. ' 17. Waiver of Lessor's Lien. Lessor hereby waives any and all lien rights it may have, statutory or otherwise concerning the Communications Facility or any portion thereof which shall be deemed personal property and for the purposes of this Lease, whether or not the same is deemed real or personal property under applicable laws, gees the whethersor beforeeor aftereand a defaultrtunder this Lease,toinremove Le Lessee's and/orall Mortgagee'sortion of tsolesame discetiont n to time, ' Lessor's consent. and without ' 18. Miscellaneous._ reasonable attorneys) fees and co rtscoosstts, incllyluding peals, if any. litigation arising hereunder shall be entitled to its 1ing (b) Each party agrees to fiu-nish to the other, within twenty (20) days after request, such ' truthful estoppel information as the other may reasonably request. ' S CALGW\FNL Lease Reviews\007A\FNL-007A Site Lease with Option 048-01) - fina@.doc 1 See additional provision adde ' this Section 8 on the attached Addendum it )orated herein by this reference. I 1 1 1 1 1 1 1 9• Taxes. Lessee shall a an y persol of such taxes directly attributable to, the Communications Fa ility.�Lessor shall ay any real property taxerty taxes assessed o, or anpes or other fees and assessments attributable to the Property. In the event that Lessor fails to pay any such real property taxes or other fees and assessments, Lessee shall have the right, but not the obligation, to pay such owed amounts and deduct them from Rent amounts due under this Lease. 10. Insurance and Subrogation. (a) Lessee shall provide Commercial General Liability Insurance in an aggregate amount of One Million and No/100 Dollars ($1,000,000.00). Lessee may satisfy this requirement by obtaining the appropriate endorsement to any master policy of liability insurance Lessee may maintain, (b) Lessor and Lessee hereby rmttualIy release each other (and their successors or assigns) from liability and waive all right of recovery against the other for any loss or damage covered by their respective first -party propel insurance policies for all perils insured thereunder. In the event of such insured loss, neither parry's insurance company shall have a subrogated claim against the other. 11. Hold Harmless. Lessee agrees to hold Lessor harmless from claims arising from the installation, use, maintenance, repair or removal of the Comm intentional acts of Lessor, unications Facility, except for claims arising from the negligence or its employees, agents or independent contractors. 12. 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, return receipt requested, or sent by for next -business -day delivery by a nationally recognized overnight carrier to the following addresses: If to Lie• to With a copy to If to Lessor, to: Cricket Colorado Property Company 1700 Louisiana Blvd. NE, Suite 200 Albuquerque, NM 87110 Attn: Property Manager Telephone: (505) 323-3140 Fax: (505) 323-3150 Cricket Communications, Inc., James P. Watterson . 2121 10307 Pacific Center Court, San College Avenue Diego, CA 92121 Fort Collins, CO 80525 Attention: Legal Department Telephone: (858) 882-6000 I Telephone: (970) 224-2424 Fax: (858)882-6080 Fax: N/A 13. Quiet Enjoyment 'title and Authorirv. Lessor covenants and warrants to Lessee that (i) Lessor has full right, power and authority to execute this Lease; (ii) it has good and unencumbered title to the Property free and clear of any liens or mortgages, except those disclosed to Lessee and which will not interfere with Lessee's rights to or use of the Premises; and (iii) execution and performance of this Lease will not violate any laws, ordinances, covenants, or the provisions of any mortgage, lease, or other agreement binding on Lessor. Lessor covenants that at all times during the term of this Lease, Lessee's quiet enjoyment of the Premises or any part thereof shall not be disturbed as long as Lessee is not in default beyond any applicable grace or cure period. 14. . Environmental Laws. Lessor represents that it has no knowledge of any substance, chemical or waste (collectively "Hazardous Substance") on the Property that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. Lessor and Lessee shall not introduce or use any Hazardous Substance on the Property in violation of any applicable law. Lessor shall be responsible for, and shall promptly conduct any investigation and remediation as required by any applicable environmental law, with respect to all spills or other releases of any Hazardous Substance not caused'solely by Lessee, that have occurred or which may occur on the Property. Each party agrees to defend, indemnify and hold harmless the other from and against any and all administrative and judicial actions and rulings, claims, causes of action, demands and liability (collectively, C:\LGW\FNL Lease Reviews\007A\FNL-007A Site Lease with Option (1-18-01) - finaildoc 1 ' the ProI ee shall have the rig Present utilities on lit to install utilities, a ssee's expense, and to improve the t ,y (including, but not limited to, the installation of emergency power generators). Lessor agrees to use reasonable efforts in assisting Lessee to acquire necessary utility service. Lessee shall, wherever practicable, install separate meters for utilities used on the Property. In the event separate meters are not ' installed, Lessee shall pay the periodic charges for all utilities attributable correct any variation, interruption or failure of utility service. to Lessee's use. Lessor shall diligently ' M As partial consideration for Rent paid under this Leas easement in, under and across the Property for ingress, e, Lessor hereby grants Lessee an egress, utilities and access (including access for the purposes ddscribed in Section 1) to the Premises adequate to install and maintain utilities, which include, but are not limited to,: the installation of power and telephone service cable, and to service the Premises and the Communications Facility at all times during the Initial Term of this Lease or any Renewal Term (collectively, "Easement"). The Easement provided hereunder shall have the same term as this Lease. (9) Lessee shall have 24-hours-a-day, 7-days-a-week access to the Premises at all times during the Initial Term of this Lease and any Renewal Term ' 8• Termination. Except as otherwise provided herein, this Lease may be terminated, without any penalty or further liability as follows: ' (a) upon thirty (30) days written notice by Lessor if Lessee fails to cure a default for payment of amounts due under this Lease within that thirty (30) day period; (b) upon thirty (30) days written notice by eitherparty monetary default and fails to cure or commence curing such default within that thirty the other party commits a non - period as may be required to diligently complete a cure commenced within that thr ty 30) day period, or such longer ' thirty (30) day Period; (c) immediately if Lessee notifies Lessor of unacceptable results of any title report, environmental or soil tests prior to Lessee's installation of the Communications Facility on the Premises, or if Lessee is unable a obtain, maintain, or otherwise forfeits. or cancels any license (including, without limitation, an FCC ' license - >. Pest .or Governmental Approval .necessary to -the installation and/or operation of the Communications Facility or Lessee's business; id) upon thirty (30) days written notice by Lessee if it determines that the Premises are not appropriate or suitable for its operations for economic, environmental or technological reasons; ly on written notice by ' Premises due to a ruling or directivee ofphe FCC or other goveressee if it is nmental or regulatory agency, able to tiwit the limitation, a take back of channels or change in frequencies;including, shout ' M immediately upon written notice by Lessee if the Premises or the Communications Facility are destroyed or damaged so as in Lessee's reasonable judgment to substantially and adversely affect the effective use of the Communications Facility. In such event, all rights and obligations of the parties shall cease as of the date of the damage or destruction, and Lessee shall be entitled to the reimbursement of any Rent prepaid by Lessee. If Lessee elects to continue this Lease, then all Rent shall abate until the Premises and/or Communications Facility are restored to the condition existing immediately prior to such damage or destruction; or ' the time title to the Property transfers to a condemnin authority, P rty sufficient in Lessees determination to render the Premises unsuitable for Lesseto a e's of all or a portion of the proPursuant use. Lessor and Lessee shall each be entitled to pursue their own separate awards with respect to such taking. Sale ' . of all or part of the Property to a purchaser with the power of eminent domain in the face of the exercise of the power shall be treated as a taking by condemnation. ' 3 C:1LGW\FNL Lease Reviews\007ATNL-007A Site Lease with Option (1-19-01) - finalldoc incorporated herein by this ; ence.See attached Addendum 1 1 11 r- 5. Renewal. (a) incorporated herein by this reference. See attached Addendum (b) This Lease shall automatically renew for each successive Renewal Term unless Lessee notifies Lessor, in writing, of Lessee's intention not to renew this Lease, at least sixty (60) days prior to the expiration of the Initial Term or any Renewal Term. If Lessee shall remain in possession of the Premises at the expiration of tenancy under the same terms and conditions of this Lease. this Lease or any Renewal Term without a written agreement, such tenancy shall be deemed a month -to -month 6. Inte�Ce• Lessee sha11 not use the Premises in any way which interferes with'the use of the Property by Lessor, or lessees or licensees of Lessor, with rights in the Property prior in time to Lessees (subject to Lessee's rights under this Lease, including without limitation, non-interfererice). Similarly, Lessor shall not use, nor shall Lessor permit its lessees, licensees, employees, invitees or agents to use, any Portion of the Property in any way which interferes with the operations of Lessee. Such interference shall be deemed a material breach by the interfering party, who shall, upon written notice from the other, be responsible for terminating said interference. In the event any such interference does not cease promptly, the parties acknowledge that continuing interference may cause irreparable injury and, therefore, the injured partyshall have the right, in addition to any other rights that it may have at law or in equity, to bring a court action to enjoin such interference or to terminate this Lease immediately upon written notice. 7• Improvements7 Access_ improve(a) Lessee shall have the right, at its expense, to erect and maintain on the Premises ments, personal property and facilities necessary to operate its communications system, including, without limitation, radio transmitting and receiving antennas, microwave dishes, global positioning system antennas, tower and base, equipment shelters and/or cabinets and related cables and utility lines (collectively the "Communications Facility"), The Communications Facility shall initially be configured as set forth in the attached Exhibit C. Lessee shall have the right to replace or upgrade the Communications Facility at any time during the term of this Lease. Lessee shall cause all construction to occur lien -free and in compliance with all applicable laws and ordinances. The Communications Facility shall remain the exclusive property of Lessee. Lessee shall have the right to remove the Communications Facility at any time during and upon termination of 1his'Lease. (b) The final plans and precise location of the Communications Facilities shall be subject to approval by Lessor, which shall not be unreasonably withheld, conditioned or delayed. Approval will be given by Lessor to Lessee by signing and returning to Lessee a copy of the final plans within five (5) business days after they are given to Lessor. its ense, may use any and all Communications Facility, including, iwith uP limitation, the ommrction of a fencee means of restricting access to the (d) Lessee shall, at Lessee's expense, keep and maintain the Communications Facility now or hereafter located on the Property in commercially reasonable condition and repair during the term of this Lease, normal wear and tear and casualty excepted. Upon termination or expiration of this Lease, the Premises shall be returned to Lessor in good, usable condition, normal wear and tear and casualty, excepted. C:%GWNFNL Lease Review11007ATNL-007A Site Lease with Option (— 18-00-6nalldoc i SITE LEASE NVrM OpTTON THIS SITE LEASE WITH OPTION ("Lease") is entered into this ! day of / Vt 01�0D' 2001 ("Effective Date") by and between James P. Watterson and Ann Watterson, individuals (collectively, "Lessor") and Cricket Colorado Property Company, a Delaware corporation ("Lessee). Option to Lease lion ppf:ied maw LP fide -- reference. 1 r 1 L See attached Addendum incorporated hereinby th is (b) During the Option Period and any extension thereof, and during the term of this Lease, Lessor agrees to cooperate with Lessee in obtaining, at Lessee's expense, all licenses and permits or authorizations required for Lessee's use of the Premises from all applicable goverment and/or regulatory entities (including, without limitation zoning and land use authorities, and the Federal Communication Commission ("FCC") (the "Governmental Approvals"), including appointing Lessee as agent for all land use and zoning permit applications, and Lessor agrees to cooperate with and to allow Lessee, at no cost to Lessor, to obtain a title report, zoning approvals and variances, and land -use permits, and Lessor expressly grants to Lessee a right of access to the Property to perform surveys, soils tests, and other engineering procedures or environmental investigations on the Property, necessary to determine that Lessee's use of the Premises as defined below will be compatible with Lessee's engineering specifications, system design, operations and Governmental Approvals. During the Option Period and any extension thereof, Lessee may exercise the Option by so notifying Lessor in writing, at Lessor's address in accordance with Section 12 hereof If L useofthatcportios es th the Option,Propertythen, hesubject to the following terms and conditions, Lessor hereby leases to Lessee the of the Counications Facility (as defined below), together with all necessary space nd easements oforlaccessnand utilities, as generally described and depicted in the attached Exhibit B (collectively referred to hereinafter as the "Premises"). The Premises, located at 2121 South College Avenue, Fort Collins, Colorado, comprising approximately two hundred eighty (280) square feet. - 2• Term. The initial term of the Lease shall be five (5) years commencing on the date of the exercise of the Option (the "Commencement Date") and terminating at midnight on the last day of the initial term (the "Initial Term"). ' 3. Permitted Use. The Premises may be used by Lessee for the transmission and reception of radio ' communication signals and for the construction, installation, operation, maintenance, repair, removal or replacement of related facilities, tower and base, antennas, microwave dishes, global positioning system antennas, equipment shelters and/or cabinets and related activities. ' 4. Rent. eat cn 4a-Vof L L CA\LGW\FNL Lease Reviews\007A\FNL-o07A Site Lease with Option (1-18-01)- finalldoc COPY I 1 I I Wireless: The Everyday, Affordable Choice 1 i 1 1 �J 1 1 1 1 1 1 1 1 1 BY Harvey White tnce the passage of the 1996 Telecommunications Act, many questions have been raised about whether consumers are benefiting from its promise -especially as mega - mergers have led to a consolidation of products and services. Is this con- solidation consistent with the spirit of the act? The answer is yes, as long as people can take advantage of com- petitively priced products. While the act has many guiding principles, it is ultimately designed to create more competition in the local loop for the consumer. Can wireless help fulfill this promise? What if wireless truly became simple to un- derstand, with predictable bills and affordable rates? Numerous carriers have introduced new pricing plans to make wireless appear more affordable. These so- called bucket plans are being well ac- cepted by today's cellular and person- al communications services users. Others have introduced new concepts that take the worry and stress out of wireless by offering unlimited local calls at one low, flat monthly rate, payable in advance_ Customers simply pay a one-time fee for an all -digital wireless handset and receive calls from anywhere in the world for the same affordable, flat rate and get mo- bibry in the local service area. This in- novative service is not cellular. PCS or wireline, but rather something com- pletely different that's bringing truly lower -cost wireless to an untapped market. It is for people who use their wireless phones where they live, work and play -everyone from stay-at-home moms to retirees on a fixed income. I call it "comfortable wireless;' and it appears to further the local competi- "I think these models will change the way people communicate by telephone. " tion envisioned by the 1996 act. The customer who uses these ser- vices has generally never used a wire- less phone before, but wants the con- venience and flexibility of mobility. People who never before thought they could afford it are now using wireless as their everyday choice of how to communicate. They are bringing wireless communications to people who never before thought they could afford it. They have the comfort of knowing their service always costs the same, no matter how long they talk -or how many calls they receive. Revolutionary services like these can go a long way toward fulfilling the promise of the telecom act by bringing competition and expanding the local telecom market. I think these models will change the way people communicate by telephone. For many, it means wireless provides their basic telephony service. Services like these are not neces- sarily for everybody. For example, they are not aimed at the business traveler who roams, and thus they don't compete for most of the cus- tomers of the traditional cellular and PCS carriers, who already are being served. In fact, these innovative ser- vices are probably not for most read- ers of this column. Instead, I think of these new ser- vices as the Southwest Airlines of wireless communications. Southwest revolutionized the airline industry with an affordable, lower -cost ser- vice. Southwest's customers aren't canceling their first-class tickets on other airlines. Instead, Southwest is getting people on planes who other- wise would be driving or simply staying at home. That's what the telecom act promised -more compe- tition for local service and more choices for consumers. Companies that deliver these inno- vative services ultimately will fulfill the promise of the act. However, the opportunity for these companies to grow and develop access to capital markets takes time. By providing a transparent process and framework, regulatory leaders can help these new companies attract the capital neces- sary to bring these new services to the consumer -and make the promise of the act a reality. Harvey White is chairman and CEO ofLeap Wireless International Inc. ' Reprinted from WIRELESS WEEK May 17. 1999 ® 1999 oy CANNERS BUSINESS INFORMATION Adbk �'i+� lEN ESSEANBUSINESS FRIDAY, JANUARY 7, 2000 i Wireless operator Cricket By CANDY McCAMPEaL ,Stapwtis - Cricket Communications, a subsidiary of Leap Wueless International Inc, is moving into the Nashville area with its new Tennessee headquar- ters and a "one -price" wire- less telephone deal for cts- omers. The wireless service, to be- gin Jan 31, offers customers unlimited local calling m the asl v e area for one pm - aid charge of S29.95 per month. Cricket — which also will der long-distance and other services — is establishing its Tennessee operations here; in offices at 770 Melrose Ave, in the 440 Business park About 60-65 em- ployees will handle local a n d statewide operations from those offices. while " another 35 JONNSON employees will work in the comparys new area retail outlets. Nashville is only the sec- ond market for the company. springs It has been in operation in Chattanooga for slightly more than.a year after pur- chasing licenses held by C LL-eTel Inc there, as well as in Nashville, Memphis, Knoxville, the Tri-Cities and smaller markets. Cuurent plans are to start service in the states major cities, then expand from there, said Miles Johnson, Cricket's vice president and general manager for Ten- tressee. He wouldn't divulge a timetable for additional ser- up in NAshvifll vice rollouts tiling a "quiet period" in effect with the par_ ent cornpar}�s planned stock offeritg Cricket's unlimited local calls offering spans an .area thai runs north to Goodlettsville, east to Lebanon and Murfreesboro, west to Dickson and south to Franklin, Johnson said He compared the wireless ser- vice to the land -line phones in your house Ihink of it as your cord- less phone, with a really long cordless range," he said. - Services such as caller LD, voice mail and can wai are available — for a cosL - company charges $3-( month for the first one arc a month for each other I ture - Long-distance service i be available, at a cost of cents per minute, sold p paid in $10 'bloc¢" If calls you make now; toll -free, they will be toll-5 fiom Cris M Johnson said Cricket s first area ter outlets also will open Jan in temporary kiosks in Co ► P{ease see WiRELESs,; Wireless: Cricket to start network operations in Nashvill e 'Spring and Hickory Hollow mails It will move into Permanent retail sites at those malls, as well as 'stores in RiverGate and Green Hills malls, in early March. Anoth- er store and a service center will Open in Madison in mid -March. Cricket operates on a network ' using equipment Purchased from Lucent Technologies Inc and Eric- sson AB in a pair of $330 million ' deals. Johnson said. Its totally digital telephones are made by Qualcomm (for $129) and Nokia (for $99). Cricket's patent Leap Wireless International of San Diegq Calif , is a spinoff of Qual- comm Inc - Under the Cricket operating plan. the company determined a reasonable cost to consumers, then figured out what services could be included for that cost, Johnson said Consumer surveys showed most People think they spend about $30 a month for their land -line phone; so the company decided to price its service Competitively Cricket is arming for the 70% of U.S. telephone customers who don't have a wireless phone. Offering service in urban areas and elirninaang roaming for long- distance calls art costs to the com- patry, Forbes magaane pointed out in a story on the company in its Dec 13,1999 issue Customers prepay for the ser- vice thus eliminating most of two costly functions: the billing for per - minute service and a big service center to answer questions about used calls. Johnson said. The Prepayment of local and long-dis- tance service also negates bad debt, he said. thets can get a phone for ads so they can contact them without worrying about (the teen- agers) running up a S150-a-month bill." he said - The rnmparry has the rights to buy service provider licenses in Charlotte and Greensboro, N.C. Albuquerque, NM; Macon, Columbus and Alban), Ga; Salt Lake Gt}; Spokane; and Tulsa 0 CRICKET continued fi page 1 stand pricing plans, in hopes of attracting land line customers and luring them away from traditional phone company providers like US Wmt The company also intends to lure people awry from their current cell ser- vice with the simplicity of the company's pricing P12n- The company currently sells a non -roam- ing cell phone service called "comfortable wireless" using an "around town phone" in Nashville, its first market, and Chattanooga, Tenn. allowing unlimited minutes but no roaming for $29.95, prepaid, per month. The company scatted serving Tennesuc in March of 1999 and has grown torpidly since then. Cricket would not disclose the number of customers it has in those markets- Long dis- tance service in those markets is available, but must also be prepaid. Other services are avail- able as pan of the monthly charge, and in- clude call waiting (S2/mo.), caller ID (i2/mo.), and voicemail ($3.95/mo.). "We're in the star -up phase of building cell networks," says Steve Rei&chneider, gen- cral manager for Cricket's New Mexico op- crations. "Our No. 1 goal is to hire people. I have only been here for a month.We need to get some key people in place' Albuquerque was chosen for the Cricket regional headquarters, according to Reif- schneider, because of Albuquerque Interna- tional Sunport, and the relative cost of of- fice and warehouse space - "It's a one -hour trip to all of the markets they're interested in, and the airport is easy in and easy out," says Reifschncider. "It's a good-sized city with easy access:' According to city officials, the City ofAl- buqucrque's role in the companry's office lo- cation was "minimal" "They have a great concept:'says Brian Morris, deputy commu- nications officer with the city."The increased competition should mean better rates for the customers in Albuquerque. It's a unique idea that our market hasn't seen yet that will ap- Pcal to many people:, , Already Cricket is advertiung for techni- nl positions at monster.com including site development manager, human resources manager, and regional engineering manager. According to Reir"schneider, the company plans to have five US regional offices in Al- buquerque, Nashville, and three other cities to be named. The company's expansion is based solely on its ability to procure cell service licenses. The company gets those licenses, often, by purchasing existing licenses. As recently as March, Cricket's parent company, Leap Wire- less, signed an agreement to purchase cell service licenses for Phoenix, Ariz., Reno, Nev., and Roswell, N.M., from Beta Com- munications, LLC. for an undisclosed amount. The purchase gave Leap access to 3.7 million potential c stomers. The compa- ny also completed plans to get more licenses in Tennessee through the purchase of Chase Telecommunications Holdings, Inc. "Given the overwhelming response to Cricket service in its first two markets, we believe that our simple, affordable wireless truly has been well ttccivtd," says Susan G. Swenson, president, COO of Leap, and CEO of Cricket. "We're excited about bringing Cricket to additional markets in Tennessee and across the United States:' N TO ' New Mexico Business Weekly .vim. I rvU. o suns s-11. 2000 ONE DOLLAR ■TELECOMMUNICATIONS Cell compay n ex ands to Al.buquerque, w'l add jobs Cricket Wireless to locate regional headquarters and roll out wireless service ey Brendan Doiusty, NMBW Staff . Just when you thought that there were enough cell phone providers in Albuquerque, a new cell phone provider is on the way. San Diego -based D=W Wireless, a division of San Dicgo-based i ap lireeiess lumu6ant, ioc. (MASOAQiWIN) has an- nounced that it is building a regional Reifsehneider headquarters for its wireless service here. Cricket signed a 10-year lease for 19,200 square feet of warehouse space in the Co- manche Business Park (Comanche and 1-25) this past week. The company is also negotiat- ing for 19,000 square feet of executive office space in the Uptown area. That deal should be concluded within the week. All told, the company's regional headquar- ters and sales operations in the Duke City could mean as marry as 150 new jobs. Some of those jobs will be executive level positions, while most will be warehouse, customer ser- vice and sales jobs The warehouse space will house the company's regional master control commu- nications equipment, and will employ 20. The Uptown -area office will manage Crick- ets wireless coverage operations and sales in New Matico, Arizona; Colorado and Utah. In addition, each market will have its own small satellite marketing office. The compa- ny intends to provide the service to the San- ta Fe -Albuquerque and Valencia County ern, Tucson, and Salt Lake City by the cad of this year. Other cities targeted for the service ate Phoenix, Denver, Pueblo, Provo and Ogden According to the company's wtbsite (wwwlnpwimless.com), Cricket intends to launch the Cricket service in 25 markets by the end of 2001. Charge for service in Albuquerque have yet to be determined. However, the compa- ny's marketing strategy is to offer low-cost, easy -to -under- CRICKET = page 1S II December 13, 1999 Forbes Mobile Manicurist Wireless providers have long catered to the wealthy. At last, an upstart unveils a service tailored to working stiffs. BY CARLEEN NAWN HERIL WALKER, 40, always wanted the convenience of a cell phone. But the beauty salon owner and single mother of four couldn't afford it. Then in March Walker noticed ads in her home town of Chattanooga for a quirky local -only, prepaid ser- vice called Cricket, priced at just $30 a month. The service, operated by San Diego -based Leap Wireless, offered her un- limited calls, free voice mail and caller ID. Walker cut the cord. She bought a Cricket phone for home use and a phone each for her two employees. Now, and stock for two carriers: AirGate Wireless, which served the Carolinas, and ChaseTel of Tennessee. He paid $18.7 million for 36 more licenses in cities like Wichita and Spokane. In Chattanooga, Cricket got half of ChaseTel's 4,900 users. Cricket signed up 9,800 new ones, generating $3.4 mil- lion in revenue for 1999, but $22.4 million in losses. Still, with $660 million in vendor financ- ing from Lucent and Er- icsson, Leap can afford to expand. Cricket launches a = in Nashville next month. But how to make the service cheap and prof- itable? White worked backwards. Instead of building a network and pricing the service to pay for it, White picked the price point and then fig- ured out what features he could afford to offer. Y� This demographic travels less than high - paid workers, so long dis- tance wasn't crucial. Leap instead of paying $500 a � ` saved millions by limit- month for Be1lSouth's Talk Is cheap, but the manicure is extra in Sheril Walker's 'wireless salon." ing its cell sites to urban service to her home and shop, Walker pays just over $100 for both. "It has catapulted me into things that I didn't even dream of doing," Walker gushes. She was so ebullient, in fact, that in August she became a li- censed Cricket dealer. Walker's brought in 300 new subscribers and even made enough money off handset sales to fund a second storefront. Reaching the masses is exactly what Leap Chairman Harvey White had in mind when he launched Cricket eight months ago. "People told Henry Ford he was crazy when he said cars should be accessible to the average person. Why should wireless be any different?" ` asks White, a cofounder of Qualcomm. White is onto something. Wireless penetration in the U.S. will barely hit 30% this year, far below rates abroad. Service here simply costs too much. In areas and avoided costly roaming agreements with other carri- Europe 70%of new subscribers sign on ers. Customers can add long distance through prepaid calling plans. The plans, for 20 cents a minute, but most number of prepaid customers in the don't. It helped too that Cricket hand- U.S. is negligible. If wireless is to catch sets, which sell for $100, are made by up here, Middle Amer- Qualcomm. Cricket ica is the market to go ead? callers pay each month for. But it's more com- Wireless penetration has a in advance, like a cable plicated than it looks. long way to go —especially bill, and usually with In April AT&T dropped among clock -punchers. cash. If they don't, the its trial with a $40 un- SSa.00aQ,,, service is shut off. limited, local -only sec- Cricket's distribu- vice in Plano, Tex tion is grass roots. It Leap was formed in s3eo99® has three of its own June 1998 out of a bun- stores and uses inde- dle of wireless licenses smoo0-s3s.000 pendent wireless deal - acquired by Qual- OEM e�.e.mU.S. ers. But the key is sell- comm. It was later spun P S2o.00owlm papi mw ""' � e.9ano"...b,h�, ing through local store off to shareholders, and hdeinc .1998 owners —like a rental White took its helm. He furniture dealer and paid $26 million in cash sOYTC r° Yankee cup Walker's nail salon. F Reprinted by Permission of F O R B E S Magazine - December 13, 1999 issue © 1999 Forbes Inc. For information on Ordering FORBES reprints, please call (212) 620-2399. To suoscrioe in FnrAu rn, . .,,.. 4 ,,,.., ^^^ .....,. Affordable, Flat -Rate C. at Wireless Service Launches in Nashville page 3 the Company are described in the section entitled "Risk Factors" in the Company's Annual Report i on Form 10-K for the fiscal year ended August 31, 1999 and other documents on file with the Securities and Exchange Commission. Those risk factors include uncertainties relating to costs, profitability and the ability to raise sufficient capital for continued expansion and operation. Cricket, Comfortable Wireless and around -town phone are service marks of Cricket ' Communications, Inc. l ' Affordable, Flat -Rate Ct._ .-,t Wireless Service Launches in Nashville page 2 customers don't have to sign a contract or pass a credit check, and they can make long distance and directory assistance calls at an additional charge through a separate prepaid account With 1.6 million potential customers (1998 POPs), Nashville is one of the largest cities in the Southeast In its first market, Chattanooga, Tenn., Cricket service had attracted more than 22,000 customers as of Dec. 31, 1999, achieving approximately seven percent penetration of covered POPs in less than 10 months of operation. Leap's pending acquisition of ChaseTel is part of its strategy to bring the Cricket concept to select ' markets across the country. In total, Leap has licenses or the rights to acquire licenses covering approximately 29 million potential customers in markets across the United States for use by ' Cricket Communications, Inc. About Cricket Communications, Inc. Cricket Communications, Inc., a subsidiary of Leap Wireless International, plans to change the ' way people communicate by bringing wireless communications to the U.S. mass consumer market Cricket's service concept, called Comfortable Wireless and the around -town phone, has been operating since early 1999 using ChaseTel's licenses under an agreement that provides ' that ChaseTel controls the business until Leap's proposed acquisition of ChaseTel is complete. Cricket's service lets customers make and receive virtually unlimited calls within their local service area -for one.low,..flat rate. Cricket's service also allows customers to make long-distance calls by paying for these calls in advance. While roaming is not available, the local service area provides coverage where people live, work, and play. About Leap Wireless Intemational,,lnc. Leap Wireless Intemational, Inc., headquartered in San Diego, Calif., is a wireless communications carrier that deploys, owns and operates wireless networks in domestic and ' international markets with strong growth potential. In conjunction with its strategic partners, Leap has launched all -digital wireless service in the United States, Mexico and Chile through its operating companies. Leap is dedicated to bringing the benefits of reliable, cost-effective and high -quality voice and data services to domestic and emerging markets. For more information, ' please visit www.leapvAreless.com. This news release contains certain "forward -looking statements,' including statements regarding the appeal of Cricket service. Forward -looking statements, which are based upon certain assumptions and describe future plans, strategies and expectations of the Company, are generally identifiable by use of the words "believe," "expect," "intend," "anticipate," "estimate," ' "project" or similar expressions. The ability of the Company to predict actual results and other future events is inherently uncertain. Important factors which may cause actual results to differ materially from the forward -looking statements contained herein or in other public statements by LEAP WIRELESS INTERNATIONAL FOR IMMEDIATE RELEASE Bock Communications, Inc. Jessica Cardoza, Media Relations 1-714-540-1030 (ph) 1-714-540-1060 (fax) jcardoza@bockpr.com crc_etTM communications Leap Wireless International Contacts: Sarah Thailing, Media Relations 1-858-882-6018 (ph) 1-858-882-6030 (fax) sthailing@Ieapwireless.com Jim Seines, Investor Relations 1-858-882-6084 (ph) 1-858-882-6030 (fax) jseines@leapwireless.com Affordable, Flat -Rate Cricket Wireless. Service Launches in Nashville - Unique Concept Pioneered by Leap Wireless International Targets the Mass Consumer - SAN DIEGO — January 31, 2000 — The unique Cricket wireless service, which lets customers make virtually unlimited phone calls in their local service area for one low, flat rate, launches today in Nashville, Tenn. Wireless communications carrier Leap Wireless International, Inc. (NASDAQ: LWIN) developed the Cricket concept, which targets the mass consumer by making wireless simple and affordable In Nashville,_ Cricket service is being introduced.by.Chase Telecommunications, Inc. (ChaseTel), a company that Leap has agreed to acquire. ChaseTel, which is doing business as Cricket Communications in Tennessee, is offering the service under an agreement that provides that ChaseTel controls the business until Leap's proposed acquisition of ChaseTel is complete. f °Cricket service is as simple and affordable as a residential landline phone, with the added benefit of mobility," said Susan G. Swenson, president and chief operating officer of Leap and president and CEO of its U.S. subsidiary, Cricket Communications, Inc. "With a Cricket phone, people can make and receive all their local calls without worrying about an expensive bill at the end of the month.' Priced competitively with traditional home phone service, Cricket costs $29.95 a month, payable in advance. Cricket customers can make and receive virtually all their local calls and receive calls for the same low rate. Voicemail, caller ID and call waiting are also available for $3.95 per month for any one of these features, and $2 per month for each additional feature. Cricket's all -digital handsets, manufactured by Nokia and QUALCOMM, retail for as low as $99.95. Cricket - more - Cricket business model Cricket is redefining the economic models of delivering wireless service. Because of its affordability and mass appeal, Cricket expects to penetrate markets more quickly and cost-effectively than traditional wireless service from cellular or PCS carriers. Cricket has designed its business model from the ground up to remove costs at every opportunity so Cricket service will be affordable for everyone. Due in part to its pay -in -advance system and simplicity, Cricket has been designed to significantly lower the costs of operations, billing, sales and marketing, customer care, and bad debt. For more information For more information about Cricket Communications, please visit www.cricketcommunications.com. 2 <t criCket. communications 1 1 Company Overview 1 Cricket Communications is rethinking wireless communications for the two-thirds of Americans who do not currently have a mobile phone. Cricket's innovative service gives people the freedom to . make all their local calls from around their metropolitan area for one low, flat rate. Marketed as Comfortable Wireless, Cricket is designed to make wireless communications sample, 1 affordable and wont' -free. Cricket is for people who never thought they could afford the luxury of a mobile phone - everyone from busy moms to retirees and people with local businesses. Cricket 1 gives college students a private line in and out of their dorm room, and parents 24-hour access to their children. Construction workers have replaced a three -mode communication system - two-way pager, radio and mobile phone - with a Cricket phone because it meets all their communication needs at an affordable price. Even existing wireless 1 users have been drawn to Cricket - either because they were paying too much for their service or used their mobile phones sparingly to avoid out -of -control bills. Cricket is introducing a whole new category of phone service. It does not intend to compete with traditional cellular and PCS carriers. In fact, Cricket is dedicated to making wireless as inexpensive 1 and easy to understand as traditional landline phone service, with the extra convenience of mobility. 1 Cricket aims to transform mobile phones into a mass consumer product - an everyday part of people's lives. Cricket envisions a world in which every family member uses a mobile phone to stay in touch throughout their day. Cricket believes that its service will revolutionize wireless communications in the same way Southwest transformed the airline industry, Wal-Mart changed retailing in middle America, 1 and Ford shifted everyday transportation frorn.horses to_cars-.- .._-__ 1 Cricket service Cricket gives customers the freedom to make all their local calls from around their metropolitan area and 1 receive calls from anywhere for just $29.95 a month. Cricket customers pay each month in advance. Priced competitively with traditional landline phone service, Cricket also offers voicemail, caller ID and call waiting. Customers pay $3.95 per month for any one of these features, and $2 per month for each additional feature. Cricket's all -digital handsets retail for as low as $99.95. Because Cricket customers 1 use the service in their local area, roaming is not available. Cricket customers don't have to sign a _ contract or pass a credit check. They can also conveniently make long distance and directory assistance calls through a prepaid account. 1 ' Cricket coverage Cricket's unique service lets customers make all their local calls from around the metropolitan region and receive calls from anywhere. Cricket is the wireless 1 equivalent of a cordless phone with an important improvement: Cricket phones work throughout a metropolitan coverage area. In addition, the all -digital service provides voice quality comparable to landline service. Because Cricket is intended for the vast majority of people who want to use their phones for local calls in their metropolitan area, roaming is not 1 available. A subsidiary of Leap Wireless International, Inc. 1 10307 Pacific Center Court • San Diego, California 92121 . Phone 858.882.6000 9 Fax 858.882.6080 • cricVet communications 1 ' Cricket at a Glance ' • Cricket Communications, Inc. is a new kind of wireless company. • Cricket is rethinking wireless for the two thirds of Americans who don't currently have a wireless ' phone. • Marketed as Comfortable Wireless, Crickefs service is designed to make wireless ' communications simple, affordable and worry -free. • At a flat rate of just $29.95 a month, Cricket is as simple and affordable as a residential landline phone, with the added benefit of mobility. • With a Cricket phone, people can make and receive virtually all their local calls without worrying about an expensive bill at the end of the month. ' Cricket makes having a wireless phone accessible to everyone —college students, busy moms, local businesspeople and retirees. ' The Cricket service has been very well received in its first two markets — Nashville and Chattanooga, Tenn. The company plans to roll out its unique wireless service in select cities across the country. In each market where it launches serviceCricket plans to take an active role in the community. Cricket will create retail, technical and administrative jobs and invest millions of dollars in the local . economy. • Cricket is a subsidiary of Leap Wireless International (Nasdaq: LWIN), a company dedicated to playing a leading role in transforming wireless communications for the mass consumer market. Leap intends to spark the wireless revolution by developing innovative wireless voice, mobile Internet and next -generation multimedia services that deliver value to customers. • For more information, please visit www.cricketcommunications.com. A subsidiary of Leap Wireless International, Inc. ' 10307 Pacific Center Court • San Diego, California 92121 Phone 858.882.6000 9 Fax 858.882.6080 EMS i ► �r1�r�-.s OptiRangeTM Suppressor"' RV65-1 8-XXDPL2 srr 2•, RFCONNECTOR Electrical Azimuth Beamwidth (-3 dB) 650 Elevation Beamwidth (-3 dB) 60 Elevation Sidelobes (Upper) >18 dB Gain 17.8 dBi (15.7 dBd) Polarization Vertical Front -to -Back Ratio >25 dB (>30 dB Typ.) Electrical Downtilt Options 0°, 2° VSWR 1.35:1 Max Connectors 1; 7-16 DIN (female) Power Handling 250 Watts CW Passive Intermodulation <-147 dBc [2x20W (+43 dBm)] Lightning Protection Chassis Ground 65' ° Beamwidth 17.8 dBi gain Vertical Polarization 54 inch Mechanical Dimensions (L x W x D) 54in x 6in x 3in (137.2 cm x 15.2 cm x 7.6 cm) Rated Wind Velocity 150 mph (241 km/hr) Equivalent Flat Plate Area 2.3ft2 (.21 mz) Front Wind Load @ 100 mph (161 kph) 65 Ibs (288 N) Side Wind Load @ 100 mph (161 kph) 31 Ibs (139 N) Weight 11 Ibs (5.0 kg) Note: Patent Pending and US Patent number 5, 757, 246 & 5, 844, 529. Values and patterns are representative and variations may occur. Specifications may change without notice due to continuous product enhancements. Digitized pattern data is available from the factory or via the web site www.emswireless.com and reflect all updates. Model Number Description Comments MTG-P00-10 Standard Mount (Supplied with antenna) Mounts to Wall or 1.5 inch to 5.0 inch O.D. Pole (3.8 cm to 12.7 cm) MTG-S02-10 Swivel Mount Mounting kit providing azimuth adjustment. MTG-DXX-20' Mechanical Downtilt Kits 0° -10* or 0° -15' Mechanical Downtilt MTG-CXX-10' Cluster Mount Kits 3 antennas 120' apart or 2 antennas 1800 apart MTG-0O2-10 U-Bolt Cluster Mount Kit 3 antennas 1200 apart , 4.5' O.D. pole. MTG-TXX-10` Steel Band Mount Pole diameters 7.5" - 45' ' Model number shown represents a series of products. See mounting options section for specific model number. 180' Azimuth 270° 270' hJ330. ' '21 0. 180° 1s P0. _ Elevation 90' 80• 00 Downtilt -- 90' 270' 240' T.� 300° / �Re:i14 : r ...n'..ni..wm�.. .+'ya- w���iinn• r 30* Elevation 20°/ 90 2° Downtilt 90° www.emswireless.com +1(770) 582-0555 Fax + 1 (770) 729-0036 �J Memo ' TO: Drew Dewhurst, Zoning Specialist ' Frorm Peter Schau, FMHC Corporation CC: Peter Nemanic, Tim Heine Date: 6/8/01 Re: Search History-FNL-007A Big A Self Storage Drew, Per your request, here is a brief outline of our search history around the proposed Cricket tower site at the A Big A Self Storage at 2121 S. College Avenue in Ft Collins, CO. As always, our search originated targeting existing structures to locate on in an effort to be amenable to the City's Planning/Zoning goals. Unfortunately, we were unable to procure a lease on any existing structure that was suitable to RF Design. The feasible sites for collocation that were pursued were as follows: 1. CSU-University Park Holiday Inn, 425 W. Prospect, Ft Collins, CO. There are several sites in place on the Holiday Inn's rooftop, when we approached them on behalf of Cricket, the hotel rejected our proposal because they felt that their rooftop is already at capacity. 2. CSU-State of Colorado Communications Tower, 201 W. Pitkin, Ft Collins, CO. This communications tower is adjacent to the CSU facilities maintenance yard and is owned and operated by the State of Colorado. The tower is currently utilized by the state police for their radio communications, and when approached, stated that it was against their policy to share tower space. 3. Rocky Mountain Forest Service/Araphoe Forest Communications Tower, 400 W. Prospect, Ft Collins, CO. This tower is owned by the federal government and utilized by the forest service for a local ' communications project After an initial meeting with the property manager, the forest service indicated -that they were incapable of leasing space to Cricket After exhausting every suitable candidate per RF Design, we selected the candidate site based upon zoning classification, as well as location and surrounding uses. Please let me know if you should need any further information on the search history for the candidate site or questions regarding the site selection process that was . followed. Best regards, ' Peter Schau ' FMHC Corporation I MAY-29-2001 02:17PM FROM -SABRE COMMUNICATIONS T-240 P.002/002 F-754 I w...�.t..ruaaa3raeaasaa.► Guyed and Self -Supporting Towvm, Monopoles, HF Antenna Systems and Tumlc•:y Installations May 29, 2001 Mr. Monty Luttrell Cricket Communications 12875 E. 42'd Ave., Suite 70 Denver, CO 80239 Dear Mr. Luttrell, I am writing this letter in reference to your request for Sabre Communications Corporation to determine the mode of collapse for monopoles used as communication structures. The $5, monopole structure you inquired about is for Big A, Colorado (Site #fFNL007). Monopoles are designed in accordance with the Electronics Industry Association Standard EIA/TJA- 222-F 1996, which is a nationally approved A.N.S.I. Standard for communication structure design. Although it is extremely rare for a monopole to collapse (. a have never heard of = nyN mn=' failures would occur in a catastrophic wind such as a tornado or a hurricane. ' The most important phenomenon, which would prevent the monopole from a free fall type failure, is the nature of the force being applied. We would expect this force to be produced by the ».irici_ A Uv;nrI that would cause overstressing of the monopole would be greater Than the basic vI M �u, g;sct ' factor and the factor of safety combined. A gust would soon ds's}lpa`e ar d after this gone, the stress in the monopole would be reduced. :1104-1,poles arc ncr wl: , fe,y V"'W which are not generally susceptible to damage b impact loads such as a vi;,d 9 Y P g Y p —a 1. t�,_-:c --------- which ' time for the entire structure to "see" the impact loading. Evert ii Hite puit werc iu emprwiencu scr;;u localized distortion, it would still have a significant capaccy, iL is ti:; f; Caw[gj V•i.ii iiM tie; nature of the loading that prevents a pole from "failing over. ' In the very unlikely event of a monopole failure, the top portion of the mono^cia This falling portion would be "hinged" to the top portion of the remait?ing frn-,s n historical viewpoint, monopoles would collapse within a circular esr+rU ;i_t�,,:;; a r�t�:__ �•_---- • •• ' monopole height. Consequently, the probable fall zone For the collars,. of the due to natural causes is a circular area having a radius equal to 50% of the monopole height. ' We trust that this information is helpful in gx.Iainin ti,+_ *^� .,,^^^pr' ;'s than collapse. Please let us know if you have c „J quc-. Hc,,V Sincerely, SABRE COMMUNICATIONS 0/a�� ark E.Gothier Internal Sales Manager I 1 S`rouot . ❑ n aw RRR . clr,r:t.. IA R1 v12nRFR . 749GR =On - 010 nCO OnRn Balanced Reverse Link Coverage Levels ir a 11 a a- 4 Mobile Tx Power fairEll ■ l 1 n sit In -Vehicle (suburban) Al ; J� � . .:. ' rirC ■■all � 11 41 Urban me, 0 7 _�� _ • ■ lit 7ild' a ' 6 af1 ~~■ ■' 1 1 9. L • Z ■ i . 1 �;.■ J ' I.' ■. ' . ..: ill i■ '■ ..i.�. . I, 1 • ■■ ■ ■ L • •� J7 ■ - EP Y ■ I�'E(: 1'• 1 a i..J■ • k1 J..1 • ' • ' 7:17 k L dip.1111il IA man am 16l oil INA"I 9 all a All so I a lift ir 11111t■ -` . r i It i 1.Is: rL A" I r I 1-� - _jar- d.9 ...• ■ ■ ■ I de I If -401 . - 01111: 11 - - jr Ise a as lk T�so . ., a, or III If .. too TTTTIf r r WIN • Y• ■ r `- 2�• r r r .'AI ►..� Gel a rmomma r- .1Ora( \ �• � ��■ — r MM r.A 'ram►. , ` ■ - r. WINIM! wo I 14-.1 ll—,w a It/ [in . . . me me Wei. ili �• _ lUi r 1 � 1 � ` • `�� I Pion _ ■ z ir ■ 7 ■ ■ ■ 44. _ 1LIP L, _ �r114 use L N. gel ilu'SEL as —10 .rP 7`Fieled/.IAl v.. 'i� ■ Lv 01 ■ 1 1 7 ■ ' Lucent Technologies Ball Labs Innovations 0 6855 S. Havana Street, Suite 450 Englewood, CO 80112 (720) 346-1799 Main Number (720) 346-1792 Main Fax Number June 11, 2001 ' To Whom It May Concern: As the Radio Frequency (RF) Manager for Lucent Technologies, representing Cricket Communications for the Fort Collins/Greeley market, I attest to the following in regards to the proposed wireless communications site located at 2121 South College, in the City of Fort Collins: 1). The proposed Lucent/Cricket wireless telecommunication facility will comply with all current Federal Communications Commission's (FCC) standards for cumulative field measurements of radio frequency power densities and electromagnetic fields. 2). The proposed Lucent/Cricket wireless telecommunication facility will comply at all times with current FCC regulations prohibiting localized interference with reception of television and radio broadcasts. 3). The proposed Lucent/Cricket wireless telecommunication facility will not interfere with any public safety frequencies servicing the city and its residents. All Lucent base station radios meet or exceed FCC regulations. Sincerely, Tim Heine RF Manager SITE FNL-007B Verizon's request to locate on the tower is the reason Cricket is applying at an elevation of 85'. The minimum required height for Cricket to meet it's coverage objectives is 70'. Because of technical spacing requirements between Cricket antenna and Verizon antenna, the additional 15' to the monopole needed to be added. This will prevent the need for additional towers in this part of the City of Fort Collins. 1 I r- I I J J 1 I 1 1 I (11) Access Roadways. Access roads must be capable of supporting all of the emergency response equipment of the Poudre Fire Authority. • Cricket Response: The proposed Cricket design will not precipitate any changes to access roads to the Big A Self Storage. (12) Foothills and Hogbacks. Wireless telecommunication facilities and equipment located in or near the foothills bear a special responsibility for mitigating visual disruption. If such a location is selected, the applicant shall provide computerized, three- dimensional, visual simulation of the facility or equipment and other appropriate graphics to demonstrate the visual impact on the view of the city's foothills and hogbacks. • Cricket Response: Foothills or Hogbacks are not an issue for this site. (13) Airports and Flight Paths. Wireless telecommunication facilities and equipment located near airports and flight paths shall obtain the necessary approvals from the Federal Aviation Administration. • Cricket Response: The proposed wireless telecommunication equipment is not located near an airport or flight path. (14) Historic Sites and Structures. Wireless telecommunication facilities and equipment ' shall not be located on any historic site or structure unless permission is first obtained from the city's Landmark Preservation Commission as required by Chapter 14 of the City Code. ' • Cricket Response: The buildings located at 2121 South College are not designated historic sites or structures. H 1 (15). Stealth Technology: To the extent reasonably feasible, the applicant shall employ "stealth technology" so as to convert the wireless telecommunication into wireless telecommunication equipment, as the best method .by which to mitigate and/or camouflage visual impacts. Stealth technology consists of, but is not limited to, the use of grain bins, silos, or elevators, church steeples, water towers, clock towers, bell towers, false penthouses or other similar "mimic" structures. Such "mimic" structures shall have a contextual relationship to the adjacent area. Cricket Response: Technical limitations prohibit the design of a stealth tower at this location. Most stealth designs require a design with three (one antenna per sector) concealed antennas. With only one antenna per 120 degree sector, a "dual polarization" antenna must be used. Dual polarization antennas both transmit and receive a wireless signal. This design limits the overall capacity of the facility. This is a densely populated and well traveled part of the City of Fort Collins, and Cricket will need a site that can operate at full capacity. In addition, Verizon will also be applying to locate on this tower. The design of a stealth application, such as a flag pole, often makes it difficult for the tower/structure to accommodate multiple carriers. L I ' Cricket Response: Since the ground mounted BTS equipment will be located inside an existing building, no landscaping is proposed around the equipment. In ' addition, the base of the monopole will be screened from College Avenue by building "A" at the Big A Self Storage (Please see Z-1 of the zoning drawings). Consequently, no landscaping is being proposed. ' (5) Fencing. Chain link fencing shall be unacceptable to screen facilities. Fencing material shall consist of wood, masonry, stucco or other acceptable materials and be ' opaque. Fencing shall not exceed six (6) feet in height. • Cricket Response: (6) Berming. Berms shall be considered as an acceptable screening device. Berms shall ' feature slopes that allow mowing, irrigation and maintenance. • Cricket Response: Because the equipment will not be visible from a public right ' of way, no berming is proposed. (7) Irrigation. Landscaping and berming shall be equipped with automatic irrigation systems meeting the water conservation standards of the city. • Cricket Response: Since no landscaping is proposed, no irrigation is proposed. ' (8) Color. All wireless telecommunication facilities and equipment shall be painted to match as closely as possible the color and texture of the wall, building or surrounding ' built environment. Muted colors, earth tones and subdued colors shall be used. • Cricket Response: The BTS equipment located inside the self storage building ' "A" will be an earth tone light brown/tan color. As previously stated, Cricket is not proposing to paint the monopole. However, if the City would prefer that the tower be painted, this can easily be accomplished. (9) Lighting. The light source for security lighting shall be high pressure sodium and feature down -directional, sharp cut-off luminaries so that there is no spillage of ' illumination off -site. Light fixtures, whether freestanding or tower -mounted, shall not exceed twenty-two (22) feet in height. ' • Cricket Response: There is no lighting proposed for this site. (10) Interference. Wireless telecommunication facilities and equipment shall operate in ' such a manner so as not to cause interference with other electronics such as radios, televisions or computers. ' Cricket Response: Please refer to Appendix "A", which is a letter from an RF engineer, that certifies that Cricket will comply with all applicable FCC requirements. r with the architectural style of the surrounding architectural environment. Cricket is not proposing to paint the metal monopole. However, if the City would prefer ' that the tower be painted, this can easily be accomplished. The BTS equipment will be located inside one of the storage units located at the ' base of the tower. This location will completely screen the equipment. Please refer to appendix "D" for information regarding the other candidates that ' were unsuccessfully pursue in the designated search area. ' (3) Wireless Telecommunication Equipment. Wireless telecommunication equipment shall be of the same color as the building or structure to which or on which such equipment is mounted. Whenever a wireless telecommunication antenna is attached to a building roof, the height of the antenna shall not be more than fifteen (15) feet over the height of the building. All ' wireless telecommunication equipment shall be located as far from the edge of the roof as possible. Even if the building is constructed at or above the building height limitations contained in Section 3.8.17, the additional fifteen (15) feet is permissible. ' Whenever wireless telecommunication equipment is mounted to the wall of a building or structure, the equipment shall be mounted in a configuration as flush to the wall as ' technically possible and shall not project above the wall on which it is mounted. Roof- and ground -mounted wireless telecommunication equipment shall be screened by ' parapet walls or screen walls in a manner compatible with the building's design, color and material. ' • Cricket Response: Cricket is proposing a wireless telecommunication facility. Consequently the first three paragraphs of this portion of the code don't apply to the subject proposal. The ground mounted BTS equipment will be completely ' screened because it will be located inside an existing storage unit located at the base of the tower. For information with regards to aesthetic issues, please refer to Appendix "E" for antenna specifications. (4) Landscaping. Wireless telecommunication facilities and ground -mounted wireless telecommunications equipment may need to be landscaped with landscaping materials ' that exceed the levels established in Section 3.2.1, due to the unique nature of such facilities. Landscaping may therefore be required to achieve a total screening effect at the base of such facilities or equipment to screen the mechanical characteristics. A heavy emphasis on coniferous plants for year-round screening may be required. If a wireless telecommunication facility or ground -mounted wireless telecommunication equipment has frontage on a public street, street trees shall be planted along the roadway in accordance with the policies of the City Forester. 7 L 1 I buildings. If the tower was located in the center of the property length wise (north and south), it would prohibit access to the storage units and seriously disrupt the existing business. This location was immediately rejected by the property owner. However, the proposed location is located approximately in the middle of the property width wise (east and west), and the setbacks from the rear and front property lines substantially exceed the one for one setback requirement: 140' from the west property line; 190 feet from the east property line. In addition, the tower will be located 213 feet from the north property line, far exceeding the one for one setback requirement. ' The only property line where the proposed tower location is unable to the meet the setback requirements is the south property line. The tower will be located 19' from the south property line. The nearest existing building to the south property line (located on abutting property to the south) is approximately 93' to the south, thus maintaining a distance greater than the height of the monopole to any other structures located on abutting properties. We are basing our request for a relief from the setback requirement on the south property line on the structural integrity of a monopole. Please refer to appendix ' "C" to review a letter from the company that will be manufacturing the tower, Abre Communications Corporation. This letter states structural failure to a monopole is extremely rare and occur only during a catastrophic.event such as a tornado or hurricane. It also states that the design of the monopole prevents the pole from "falling over" (which is the intent of the one for one setback requirement). 1 i I (2) Wireless Telecommunication Facilities. Whether manned or unmanned, wireless telecommunication facilities shall be consistent with the architectural style of the surrounding architectural environment (planned or existing) considering exterior materials, roof form, scale, mass, color, texture and character. Such facilities shall also be compatible with the surrounding natural environment considering landforms, topography, and other natural features. If such facility is an accessory use to an existing use, the facility shall be constructed out of materials that are equal to or better than the materials of the principal use. • Cricket Response: The proposed 85' monopole will be located along the heavily developed commercially developed College Avenue corridor. There are no residential uses in the immediate vicinity surrounding the tower. In addition, Big A Self Storage does not have direct access to College Avenue. Because of the existing buildings and structures located between Big A Self Storage and College Avenue, the base of the tower will be screened from pedestrians and motorists along College. In addition, there are railroad tracks located to the west of the subject property. This mix of commercial and industrial uses make this location an ideal location for a commercial accessory use, such as wireless telecommunication facility. Because of the variety of commercials uses and commercial buildings, the erection of a monopole in this area will be compatible ' RESPONSE TO THE REQUIREMENTS FOR WIRELESS TELECOMMUNICATION ' 3.8.13 Wireless Telecommunication ' (A) Location. Subject to the requirements of paragraph (B) of this Section, wireless telecommunication equipment may be attached to or mounted on any existing building or structure (or substantially similar replacement structure) located in any zone district of the city. Wireless telecommunication equipment shall not, however, be permitted to be attached to or mounted on any residential building containing four (4) or fewer dwelling units. • Cricket Response: The proposed design calls for the attachment of antenna on an a proposed 85' monopole. The property is located at 2121 South College and is zoned Commercial. Because of the Commercial zoning classification, the application is eligible for a Type 1 review. (B) Co -location. No wireless telecommunication facility or equipment owner or lessee or employee thereof shall act to exclude or attempt to exclude any other wireless telecommunication provider from using the same building, structure or location. Wireless telecommunication facility owners or lessees or employees thereof shall cooperate in good faith to achieve co -location of wireless telecommunication facilities and equipment with other wireless telecommunication providers. • Cricket Response: Cricket will not act to exclude or attempt to exclude any other competitor from using the subject monopole located at 2121 South College for the location of other antenna or other telecommunication equipment. This is best exemplified by the coordinated effort we making with Verizon to pursue a zoning permit the tower. (C) Standards. (1) Setbacks. With respect to a wireless telecommunication facility that is a tower or a monopole, the setback of the facility from the property lines shall be one (1) foot for every foot of height. However, to the extent that it can be demonstrated that the structure will collapse rather than topple, this requirement can be waived by the Director. In addition, the setbacks for ground -mounted wireless telecommunication equipment shall be governed by the setback criteria established in Articles 3 and/or 4. • Cricket Response: The proposed location for the monopole will comply with the one for one setback requirement on the north, east and west property lines. Because of preference by the landlord and the existing land use and site configuration at the Big A Self Storage, the proposed monopole is unable to meet the one for one setback requirement on the south property line. Please refer to the site plan (page Z-1) for a detailed layout of the property. As demonstrated on the drawings, the Big A Self Storage operates with four long and narrow storage unit 2. The proposed structure must be able to positively address a variety of construction related questions, including but not limited to: Is on -site power available? Is telephone service available? Can the building structurally accommodate the proposed antenna and associate equipment? 3. The proposed design for the site must be in compliance with the jurisdictional zoning requirements. 4. The site must meet the needs of the radio frequency team. The ground elevation, the height of the existing or proposed structure, surrounding buildings, and topography must all be considered. In addition, the site must "fit in" with the surrounding proposed or existing sites. Based upon the above criteria, Lucent Technologies has determined that the there are no buildings and/or structures that meet the established criteria for Cricket's proposed network. Consequently, the only alternative is the proposed monopole (Please refer to Appendix "D" for the other candidates considered in the subject designated search area). STRUCUTRE AND ANTENNA Cricket is proposing to construct an 85' monopole that will accommodate one other wireless phone carrier. Verizon will be applying in the very near future to locate on the proposed tower. The proposal is to mount 12 (twelve) panel antennas onto the tower. The top of the antenna will be located at an elevation of 85' above the ground. The dimensions of the antenna are 56" long, 8" wide, and 2.75" deep. This antenna array will provide 360 degree network coverage. BTS Base Transmitting Station) UNIT The proposed location for the BTS equipment is inside the eastern most storage unit at Big A Self Storage. This location will completely screen the equipment. ' The approximate dimensions of the BTS units are approximately 5.5' long, 5.5' wide, and 6' tall. Telephone and electrical connections will be made from the BTS unit to existing on -site telephone and power facilities. r- PROJECT SUMMARY THE CRICKET PROJECT IN COLORADO Cricket Communications is a subsidiary of Leap Wireless International, Inc. Cricket is introducing a new category of wireless phone service. It does not intend to compete with traditional cellular and PCS carriers. Cricket will give customers the freedom to make all their calls from around their metropolitan area and receive calls from anywhere for $29.95 a month. Because Cricket customers use the service in their local area, roaming is not available. The current Cricket build out for Colorado is focusing on the Denver metropolitan area, but will grow to include all of the Front Range communities, from Pueblo in the south to Fort Collins and Greeley in the north. Cricket is currently offering service several cities, including Tuscon, Arizona, and Nashville and Chattanooga, Tennessee. Presently, Cricket is building out wireless ' network in several other markets, including but not limited to Albuquerque, Phoenix, Salt Lake, and Omaha. ' The subject site will function as a wireless telephone communication site within a local, regional, and growing national communication system. Cricket operates under license from the Federal Government at frequency band of 1890-1895 MHz and 1970-1975 MHz. The proposed facility will consist of an 85' monopole that will provide the necessary height and structural capacity to accommodate twelve (12) antennas (in addition to one other wireless carrier). The BTS equipment will be located inside the eastern most storage unit located at Big A Self Storage. By locating the BTS equipment inside the building, the equipment will be completely screened and and will not be visible from a public right of way. Please refer to Appendix "F" for more information on Cricket. SITE SELECTION PROCESS Selecting a location for a wireless telecommunications site is not an easy task. The process begins with a radio frequency (RF) engineer laying out a network of sites which all interconnect. The goal is to provide seamless coverage to the customer so that the customer does not experience "dropped" calls. Once the network of cells is established, the RF team provides a search ring map to a land acquisition agent. The job of the land acquisition agent is to locate a site within the defined search area. There are four main factors to consider during the site selection process: 1. The property owner must be interested in leasing space to the wireless telephone carrier (Cricket). rTable of Contents SECTION 1 CURRENT PLANNING DEPARTMENT APPLICATION FORM tSECTION 2 PROJECT SUMMARY SECTION 3 RESPONSE TO THE WIRELESS TELECOMMUNICATION REQUIREMENTS r APPENDICES A. FCC COMPLIANCE LETTER B. COVERAGE PREDICTION MAPS C. STRUCTURAL LETTER D. SITE ACQUISITION MEMO E. ANTENNA SPECIFICATIONS ' F. CRICKET INFORMATION G. EXECUTED LEASE TM ' Cr1cVet Lucent Technologies communications Bell Labs Innovations 0 II II II PROJECT DEVELOPMENT PLAN APPLICATION (TYPE 1) 2121 SOUTH COLLEGE CITY OF FORT COLLINS TYPES OF REVIEW: WIRELESS TELECOMMUNICATION FACILITY SUBMITTED BY LUCENT TECHNOLOGIES REPRESENTING CRICKET COMMUNICATIONS