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Application.197 Prospector_Eligible Facility
PRE-APPLICATION CONFERENCE SUMMARY PRE-23-001 DATE: January 1st, 2023 PLANNER: Luis Prado, luis.prado@aspen.gov PROJECT NAME AND ADDRESS: 197 Prospector Rd., T-Mobile Eligible Facility REPRESENTATIVE: Darren Hunter; 913.634.1245; hunter@insite-inc.com DESCRIPTION: The applicant is interested in modifying an existing wireless telecommunication installation on the roof of the building at 197 Prospector Rd. As described, the proposed project is replacing/upgrading existing equipment. T-Mobile is planning to replace 3 existing antennas with 3 new antennas on the building located at 197 Prospector Rd. Assuming the new equipment meets the wireless design review criteria – this will be an administrative review of an “eligible facility” – subject to a 60-day shot clock from receipt of a complete application. Two issues will be evaluated as part of this review: 1) Compliance with design guidelines and other requirements for wireless communications facilities. 2) Meeting the criteria for issuance of building permit for the proposed project. A building permit will be required to be submitted simultaneously to the Land Use Application. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.505 Wireless Telecommunication Services Facilities and Equipment For your convenience –The following links may be helpful: Wireless Facilities Design Guidelines 26.505 Wireless Facilities – Land Use Code Wireless Specific LU application REVIEW BY: Staff for Complete Application Community Development Director for Approval REQUIRED LAND USE REVIEW(S): Wireless Communications Facilities – Administrative Review PUBLIC HEARING: No, Administrative PLANNING FEES: $1300 Deposit for 4 hours of staff time (hours will be billed/refunded at $325/hr) REFERRAL FEES: No TOTAL DEPOSIT: $1300.00 (Land Use) Building Permit Fees will be calculated at the time of submittal. Building Permit fees will be submitted separately during the permit review process. APPLICATION CHECKLIST – These items should first be submitted in a PDF; sent to: luis.prado@aspen.gov Completed Land Use Application and signed Fee Agreement Pre-application Conference Summary (this document) Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application. Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. Letter from property owner providing consent to the application. HOA Compliance form Provision of project specific submissions as outlined in the Land Use Application – this includes but is not limited to visual depictions of the existing and proposed equipment – at elevation and plan view – and photo simulations of existing and proposed equipment. Building and Permit Form (see attachment to email) – so that land use and permit review can happen in parallel fashion and importantly meet 60-day shot clock requirements for complete review. The contractor for the work must be submitted with the application. Contractor should contact buildingadmins@cityofaspen.com to initiate building permit process. NIER/EME report or equivalent, stamped by a Colorado Licensed Engineer, that includes the following information: identifies and describes the specific RF emitting equipment and presents in tabular and graphic form the RF type, extent, and power that is emitted from the facility specific equipment and in relation to FCC rules related to maximum permissible exposure (MPE). Depending on further review of the case, additional items may be requested of the application. Once the application is deemed complete by staff, the applicant/applicant’s representative will receive an e-mail requesting submission of an electronic copy of the complete application and the deposit. Once the deposit is received, the case will be assigned to a planner and the land use review will begin. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. T-Mobile West LLC 18400 E. 22nd Ave. Aurora, CO 80011 November 4, 2022 City of Aspen Planning Department 130 S. Galena St. Aspen, CO 81611 T-Mobile Site: DN01587A Perry and Butler Site location: 197 Prospector Rd., Aspen, CO 81611 As a Radio Frequency (RF) Engineering Manager for T-Mobile West LLC for the Denver market, I, Prasanth Attaluri, attest to the following regarding the proposed wireless communications site located at 197 Prospector Rd., Aspen, CO 81611: 1. The T-Mobile facility will comply with all Federal radio frequency standards and all current Federal Communication Commission’s (FCC) guidelines, specifically OET Bulletin 65 , for cumulative measurements of radio frequency power densities and electromagnetic f ields. 2. The T-Mobile facility will comply at all times with current FCC regulations prohibiting localized interference with reception of television, radio, telephone, public safety and other telecommunication services. 3. The existing T-Mobile wireless telecommunication facility will not interfere with any public safety frequencies servicing the city and its residents. Specifically, said facility will not interfere with any municipal radio or wireless data communications equipment that is operating in the 800 MHz frequency band. All T-Mobile base station radios meet or exceed FCC regulations. 4. The T-Mobile facility will operate at the following FCC licensed frequencies. PCS B: Tx = 1950 –1965 MHz, Rx = 1870 – 1885 MHz AWS A1A2: Tx = 2110 – 2120 MHz, Rx = 1710 – 1720 MHz AWS F1: Tx = 2145 – 2150 MHz, Rx = 1745 – 1750 MHz 700 A: Tx = 728 - 734 MHz, Rx = 698 – 704 MHz 600 B_C_D Tx= 622-637 MHz, Rx= 668-683 MHz Further, T-Mobile West LLC agrees to comply with this letter and the zoning ordinance in regard to notification and monitoring procedures to ensure that no interference issues exist with local emergency equipment. Prasanth Attaluri Date Senior Manager, RF Engineering T-Mobile West LLC T-Mobile Site Name: ASPEN HIGHLANDS RITZ Id�C.771CI.`IfiaRRi1:S�'A�]�N71bY:�/G1 Existing View from the Northeast New T-Mobile Antennas & Equipment A New View with New Antennas & Equipment TeLeMtn 1 • •Mobile • E N G I N E E R I N G (This photo simulation is for illustrative purposes only) 6 _ f a} Wit, s 7 �� fa 4-1 �$S � d$ T-Mobile Site Name: ASPEN HIGHLANDS RITZ Id�C.771CI.`IfiaRRi1:S�'A�]�N71bY:�/G1 Existing View from the Southwest AI..... T KA-. :I- �� New View with New Antennas & Equipment /\$A\ ; �; TeLeMtn 1 • •Mobile • E N G I N E E R I N G (This photo simulation is for illustrative purposes only) 2015.3 National Development Eligible Facility Request for Transmission Equipment Modifications to a Base Station Agent for T-Mobile: Darren Hunter with Insite Inc. Date: 11/16/2022 Site Address: 197 Prospector Rd., Aspen, CO 81611 Dear Mr. West: Re: Eligible Facilities Request to Modify Transmission Equipment at an Existing Base Station located at 197 Prospector Rd., Aspen, CO 81611 A. T-Mobile is Filing an Eligible Facilities Request Insite Inc. on behalf of T-Mobile West (“T-Mobile”) is submitting the attached Eligible Facilities Request application to add, remove, modify, or replace Transmission Equipment (the “Request”) at an Existing Base Station located at 197 Prospector Rd. in the Town of Aspen (“City”). This Request is governed by Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, commonly known as the “Spectrum Act” (Pub. Law No. 112-96, 126 Stat 156). Section 6409(a) of the Spectrum Act states that state and local governments “may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station.” Under Section 6409, an Eligible Facilities Request is any request to modify a Tower or Base Station that involves “collocations of new Transmission Equipment,” “removal,” or “replacement” of Transmission Equipment. B. Why this Eligible Facilities Request Must Be Granted Consistent with federal law, the enclosed Request involves a proposal to collocate, remove, modify, or replace Transmission Equipment at an existing Base Station for use by a Federal Communications Commission (“FCC”) licensed wireless carrier. The FCC has defined Base Station as “the equipment and non-tower supporting structure at a fixed location that enable Commission-licensed or authorized wireless communications between user equipment and a communications network . . . the term includes equipment associated with wireless communications service including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supply, and comparable equipment.” The term existing Base Station also includes a structure that currently houses or supports an antenna, transceiver or other associated equipment that constitutes part of a Base Station at the time the application is filed even if the structure was not built solely or primarily to provide such support. The existing Base Station in this application is a building that is 70’ high and presently contains wireless facilities. In a Report and Order adopted on October 17, 2014, the FCC determined that any modification to an existing Base Station that meets the following six criteria does not substantially change it, and therefore is an Eligible Facilities Request under the Spectrum Act that must be granted: 2015.3 National Development 1. The modifications to the Transmission Equipment do not increase the height of the Base Station by more than 10 percent (10%) or ten (10) feet, whichever is greater. 2. The modifications to the Transmission Equipment do not protrude from the edge of the support structure by more than six (6) feet. 3. The modifications to the Transmission Equipment do not involve the installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four. 4. The modifications to the Transmission Equipment do not entail any excavation or deployment outside of the Base Station site. 5. The modifications to the Transmission Equipment do not defeat any existing concealed or stealth-design. 6. The modifications to the Transmission Equipment comply with prior conditions of approval of the Base Station, unless the non-compliance is due to an increase in height, increase in width, addition of equipment cabinets, or new excavation that does not exceed the corresponding “substantial change” thresholds in numbers 1-4. The proposed project will involve replacing (3) existing antennas with (3) new antennas and replace (6) existing RRUs with (3) new RRUs to the chimney. The RRUs will be mounted to one side of the chimney and the new antennas will use the existing antenna mounts. The new antennas flush mounted to the chimney and will be painted to match the existing. This work does not constitute a substantial change under the criteria above because it: 1) Will not increase the height of the Base Station by more than 10 percent (10%) or ten (10) feet, whichever is greater; Details: There is no change in height 2) Does not protrude from the edge of the Base Station by more than six (6) feet; Details: The new antennas do not extend beyond 6’ from the building’s façade, they are flush- mounted to the chimney. 3) Does not defeat any existing concealment elements; Details: The new antennas and RRUs will be painted to match the existing antennas. 4) Does not entail any excavation outside the current Base Station; Details: The proposed project will not involve excavations outside the current base station. 5) Does not involve the installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four. Details: There is no change to the number of equipment racks. 6) The proposed project complies with prior conditions of approval of the Base Station, except for any non-compliance that is due to an increase in height, increase in width, addition of equipment cabinets, or new excavation that does not exceed the thresholds above. 2015.3 National Development Response: Not Applicable. Similarly, the list of equipment that will installed as part of this Request qualifies as Transmission Equipment, which the FCC defines as “any equipment that facilitates transmission for any Commission- licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas and other relevant equipment associated with and necessary to their operation, including coaxial or fiber-optic cable, and regular and back-up power supply. This definition includes equipment used in any technological configuration associated with any Commission-authorized wireless transmission, licensed or unlicensed, terrestrial or satellite, including commercial mobile, private mobile, broadcast and public safety services, as well as fixed wireless services such as microwave backhaul or fixed broadband.” In sum, the modifications to the Transmission Equipment at the Base Station located at 197 Prospector Rd., Aspen, CO 81611 fully conform to the requirements of the Spectrum Act. Accordingly, this Request must be approved within 60 days, as outlined below. C. Notice of Federal Law Expedited Permit Processing and Deemed Granted Under federal law, an Eligible Facilities Request is deemed granted sixty (60) days after a complete application is filed. Thus, if sixty days pass after the submission of the Request and the City has not acted to grant or deny the Request, it will be deemed granted. At that time, the applicant may advise the City that the application has been deemed granted. If the City wishes to contest whether Request has been deemed granted, the burden is on the City to file a lawsuit in a court of competent jurisdiction within 30 days after receipt of a written communication notifying it that the Request has been deemed granted. T-Mobile is committed to working cooperatively with you to process this request in a timely and efficient manner. Please do not hesitate to contact me if you have questions. Sincerely, Darren Hunter Darren Hunter Insite Inc. 1s660 Midwest Rd., Suite 140 Oakbrook Terrace, Il 60181 DocuSign Envelope ID: BB35C32C-8791-4B23-8DA0-CD5B124A3848 -Mobile w T-Mobile West LLC 18400 E. 22°d Ave. Aurora, CO 80011 November 4, 2022 Aspen Highlands Condo Assoc. 133 Prospector Rd. Aspen, CO 81611 Re: Agreement dated August 2, 2017 by and between Aspen Highlands Condominium Association ("Licensor") and T- Mobile West LLC ("Licensee"). T-Mobile Site: DNO1587A — Aspen Highlands Ritz Site location: 197 Prospector Rd. (Bldg 2), Aspen, CO 81611 Dear Sir or Madam: The Site Lease authorizes T-Mobile to use its premises for the operation and maintenance of its wireless communications facility. We value our landlords and want to keep you informed of our maintenance and upgrades on the antenna facilities installed on your property. This letter is notice that T-Mobile will be conducting site modification work on its communications facility and is seeking your acknowledgement that the work may proceed. The work will consist of replacing 3 existing antennas and 6 remote radio units (RRUs) with 3 new antennas and 3 new RRUs to the existing chimney. Please note all other work will be within our existing equipment area in the attic. The work is no different from the routine maintenance we often perform and will not interfere with your business or tenants. The work will be performed in compliance with the non-interference requirements of our lease and with all applicable laws and regulations. At your earliest convenience, please sign below and return using the envelope provided. Unless a response is received indicating otherwise, T-Mobile will assume this work is approved within 10 days of your receipt of this letter. If you have any questions, feel free to call or email Darren Hunter at 913-634-1245 or hunterAinsite-inc.com. Your time and efforts are greatly appreciated. Respectfully, DocuSighhnedDDby: 1F63845351CA466... Scott W. DuBuke Area Director, Network Engineering & Operations T-Mobile West, LLC Agreed: (,I Sign a a Dat ame/Title COMMUNITY DEVELOPMENT DEPARTMENT BUILDING PERMIT APPLICATION CITY OF ASPEN 130 S. GALENA ST | ASPEN, CO 81611 PROPERTY INFORMATION ___________________________________ _________ ___________________________ ______________ ______________ ________________________________________ _________________________ _______________ __________________________________ ________________________ _______________ __________________________________ CommericalMulti-FamilySingle Family Use of Building Class of Work NewAdditionAlterationRepair ________ YesNo Will there be any roof/wall penetrations? NOTICE: This permit becomes null and void if work or construction authorized is not commenced within 180 days, or if construction or work is suspended or abandoned for a period of 180 days at any time after work is commenced. _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ PROJECTVALUATION SQ FT OF BUILDING WORK AREA UNIT SQ FT SQ FT OF SOILDISTURBANCE BUILDING FOOTPRINT LOT SIZE(SQ FT) PROJECT DETAILS (READ DEFINITIONS BELOW) Mixed-Use IFFRTenant FinishDemolitionChange Order ________ ADDRESS UNIT #PARCEL ID # BLOCK TRACT OR SUBDIVISIONLOT DESCRIPTION OF WORK IN DETAIL Building Review Building Permit Fee Parks Impact Engineering Review Zoning Review (50%) School Lands Dedication Zoning Review (50%) CMP (50%)TDM Impact Energy Code Review REMP Payment Pedestrian Amenity CMP (50%)GIS Housing Cash in Lieu Parks Review City Use Tax Water Tap Utility Review County Use Tax Sanitation SUBMITTAL FEES ISSUANCE FEES APPROVALS ISSUANCE FEES BEST CONTACTNAME CELL EMAIL OWNER NAME CELL EMAIL ____Toilets, Bidets ____Bathtub____Lavatory (Wash Basin)____Shower____Kitchen Sink (+Disposal)____Dishwasher____Laundry Bar, Utility Sink____Clothes Washer ____Floor Sink____Floor Drain____Water Heater (Pan Req)____# Gas Outlets____Water Treatment____Other_________ Fixture Counts Important Review Triggers PC Zoning HPC Building Fire Engineering CMP Water Stormwater Sanitation Env. Health Parks Landscape Efficiency Approved To Issue Issuance Date ApprovedReviewingDepartmentReviewerSign-Off NEW SQ FT Project Valuation: Cost of project as defined in Valuation Affadavit.Sq Ft of Building Work Area: Total square footage of interior area undergoing change or reconfiguration.Unit Sq Ft: Gross square footage, not FAR, of permitted unit.Lot Size: Total surveyed square footage of property.Sq Ft of Soil Disturbance: Exterior area of the lot where the ground is disturbedNew Sq Ft: Total added square footage for additions to net livable or net leasable space.Building Footprint: Grade floor square footage of the permitted structure.Hardscape Area: Square footage of impervious lot surface.Zone District: Underlying zone district of permitted parcel. January 2019 DATE:___________ MASTER PERMIT:______________________ PERMIT NUMBER:__________________________ __________________________________________________________________________________ __________________________________________________________________________________ HARDSCAPEAREA NeedsReview DE F I N I T I O N S ZONEDISTRICT Major Engineering Review• Projects involving less than 50% hardscape area and work affecting 75% or greater of unit sq ft• Projects involving greater than 50% hardscape area and work affecting 50% or greater of unit sq ft• Projects involving 1,000+ sq ft of soil disturbance area Water Efficient Landscaping• Projects that trigger a major engineering review • Projects involving interior alterations affecting 50% or more of exisiting gross square footage THIS SECTION MUST BE COMPLETED IN ITS ENTIRETY COMMUNITY DEVELOPMENT DEPARTMENT BUILDING PERMIT CONTACT SHEET CITY OF ASPEN 130 S. GALENA ST | ASPEN, CO 81611 ___________________________________ _____________________ _____________________ ________________________________________ __________________ _________ ____________ _______________________________________________________________________________________ Name Phone Cell Phone CityMailing Address E-mailAddress State ZIP OWNER ___________________________________ _____________________ ________________________Name Phone E-mail FOR PLAN REVIEW QUESTIONS ___________________________________ _____________________ ________________________Name Phone E-mail FOR INSPECTION QUESTIONS ___________________________________ _____________________ _____________________ ________________________________________ __________________ _________ ____________ _______________________________________________________________________________________ Name Phone Cell Phone CityMailing Address E-mailAddress State ZIP OWNER’S AUTHORIZED AGENT ___________________________________ _____________________ _____________________ ________________________________________ __________________ _________ ____________ _______________________________________________________________________________________ Name Phone Cell Phone CityMailing Address E-mailAddress State ZIP APPLICATION BEST CONTACT ___________________________________ _____________________ _____________________ ________________________________________ __________________ _________ ____________ _______________________________________________________________________________________ Name Phone Cell Phone CityMailing Address E-mailAddress State ZIP ARCHITECT OR DESIGNER OF RECORD ___________________________________ _____________________ _____________________ ________________________________________ __________________ _________ ____________ _______________________________________________________________________________________ Name Phone Cell Phone CityMailing Address E-mailAddress State ZIP CIVIL ENGINEER OF RECORD ___________________________________ _____________________ _____________________ ________________________________________ __________________ _________ ____________ _______________________________________________________________________________________ Name Phone Cell Phone CityMailing Address E-mailAddress State ZIP STRUCTUAL ENGINEER OF RECORD I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not. The granting of a permit does not presume to give authority to violate or cancel the provisions of any other state or local law regulating construction or the performance of construction. It is my responsibility to review the approved plans and any comments that are contained thereon and see that the structure and/or project is built in compliance with all applicable codes. ________________________________________________________ _____________________ContractorSignature Date INSPECTIONS: The General Contractor must schedule inspections online. Please visit www.aspenpitkin.com/Departments/Community-Development-Forms/ to do so. ___________________________________ _____________________ _____________________ ________________________________________ __________________ _________ ____________ _______________________________________________________________________________________ Name Phone Cell Phone CityMailing Address E-mailAddress State ZIP GENERAL CONTRACTOR Check if you are a tested owner builder (single-family homes only). You must take a test and complete the owner/building affidavit. (CITY USE ONLY) Owner builder approved by:________________________Date:______________________ Affidavit on file ADDRESS: ____________________________PERMIT NUMBER: _______________________________ August 2017 COMMUNITY DEVELOPMENT DEPARTMENT HOMEOWNER ASSOCIATION COMPLIANCE FORM CITY OF ASPEN 130 S. GALENA ST | ASPEN, CO 81611 All applications for a building permit within the City of Aspen are required to include a certification of compliance with applicable covenants and homeowner association policies. The certification must be signed by the property owner or attorney representing the property owner. The following certification shall accompany the application for a permit. ___________________________________ _________ ___________________________ I, the property owner, certify as follows: (pick one) This property is not subject to a homeowners association or other form of private covenant. This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit do not require approval by the homeowners association or covenant beneficiary. This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit have been approved by the homeowners association or covenant beneficiary. I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning, or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner Signature ____________________________ Date _________________ Owner Printed Name ________________________ OR Owner’s Attorney Signature ___________________________ Date _________________ Owner’s Attorney Printed Name _______________________ ADDRESS UNIT #PARCEL ID # ADDRESS: ____________________________PERMIT NUMBER: _______________________________ January 2018 COMMUNITY DEVELOPMENT DEPARTMENT ASBESTOS VERIFICATION AND CHECKLIST CITY OF ASPEN 130 S. GALENA ST | ASPEN, CO 81611 Asbestos is a known human carcinogen and is an airborne hazard. Once airborne, asbestos fibers can stay suspended in the air for days, weeks, or even months before settling out of the air. The fibers can easily become airborne again from a minor disturbance like turning on an air conditioner. Uncontrolled asbestos abatement projects or renovation projects that disturb asbestos may cause latent asbestos hazards that could expose people to asbestos in the future, long after the renovation activity occurred. The airborne asbestos fiber concentrations resulting from disturbances may result in a significant exposure to the current and future occupants of the home. The 1989 “ban” on asbestos-containing materials is commonly misunderstood. In fact, in 1991 the U.S. Fifth Circuit Court of appeals vacated much of the so-called “Asbestos Ban and Phaseout Rule” and remanded it to the EPA. Thus, much of the original 1989 EPA ban on the U.S. manufacturing, importation, processing, or distribution in commerce of many asbestos-containing product categories was set aside and DID NOT TAKE EFFECT. Therefore, ALL demolition, remodel or renovation projects must determine if disturbed material above the trigger levels contains asbestos. ASBESTOS INFORMATION Yes No Residential: Will you be removing more than 32 sq ft, 50 linear feet (e.g., pipe insulation), or the volume equivalent of a 55-gallon drum of any material besides concrete, wood, bricks, or steel – examples are drywall, linoleum, ceiling tiles, roofing materials, etc.? Yes NoCommercial: Will you be removing more than 160 sq ft, 260 linear feet (e.g., pipe insulation), or the volume equivalent of a 55-gallon drum of any material besides concrete, wood, bricks, or steel – examples are drywall, linoleum, carpet, carpet adhesives, ceiling tiles, roofing materials, etc.? If the answer is YES to any of the above, you will need an asbestos test before you can receive a building and/or demolition permit. You will also need to provide plans indicating areas to be demolished and determine if a CO state demolition license is required. A state certified asbestos inspector must do this test and the test report must be submitted with the building permit application. If the building has asbestos, a state certified asbestos abatement firm must remove it. After removal, the abatement firm must provide a letter to the Building Department stating that all the asbestos has been removed and that the air is clean. This letter must be received BEFORE a permit will be issued. (See the local or statewide Yellow Pages, DexOnLine, or http://www.cdphe.state.co.us/ap/asbestos/index.html for certified asbestos inspectors and abatement companies. ALWAYS ask for proof of current state certification.) If you are demolishing the building, you must submit a demolition permit app with the CDPHE in addition to the Aspen permit app. This form may be found at https://www.colorado.gov/pacific/cdphe/asbestos-forms NOTE: A copy of this demolition permit app must be submitted with the initial building permit application. When the CDPHE approves the app, their issued permit must be given to the Aspen Building Dept before we issue our permit. ASBESTOS CHECKLIST I hereby certify that the above information is true and complete. Owner______________________________ Phone #___________________________ Applicant (print name)_________________________________ Phone #___________________ Applicant Signature ___________________________________ Date ______________________ Please call the City of Aspen Environmental Health Department at 920-5039 at any time if you have questions about asbestos, interpreting your test results, or other matters. ADDRESS: ____________________________PERMIT NUMBER: _______________________________ August 2017 COMMUNITY DEVELOPMENT DEPARTMENT VALUATION AFFIDAVIT CITY OF ASPEN 130 S. GALENA ST | ASPEN, CO 81611 All applications for a building permit within the City of Aspen are required to include a certification of compliance with building permit valuation requirements. The certification must be signed by the property owner or authorized representative. The following certification shall accompany the application for a permit. I, the property owner or authorized agent, understand and certify as follows: City of Aspen Ordinance No. 40, Series of 2016 adopts the 2015 International Residential Code (IRC) and International Building Code (IBC) with certain amendments. These codes define building valuation as follows: R108.3 Building permit valuations. Building permit valuation shall include total value of the work for which a permit is being issued, such as electrical, gas, mechanical, plumbing equipment, and other permanent systems, including materials and labor. 109.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official. City policy indicates that permit valuation includes materials and labor for the structure and mechanical, electrical, plumbing and gas, fire sprinkler and elevator systems and equipment. Permanent systems such as audio visual, lighting and HVAC controls are included in the total as are expenses directly related to construction such as equipment rental and contractor fees. Finish materials such as paint, floor coverings, tile, cabinets and counter tops are included in the permit valuation total. Costs such as architectural and engineering design fees, landscaping and planting, tap fees, development mitigation fees, trash removal, and cleaning are not included. AFFIDAVIT POLICY I certify that the permit valuation entered on the permit application for this property complies with the above valuation requirements. I understand that this document is a public document. Owner Signature: _________________________ Date:___________ Owner Printed Name: _________________________ or, Authorized Agent Signature: _________________________ Date:___________ Authorized Agent Printed Name: _________________________ ADDRESS: ____________________________PERMIT NUMBER: _______________________________ January 2019 City of Aspen Wireless Development Application Packet Attached is an Application for review of Development that requires Land Use Review pursuant to The City of Aspen Land Use Code. Included in this package are the following attachments: 1. Application Fee Policy and Agreement to Pay Application Fees Form 2. Land Use Application Form 3. Wireless Supplement 4. HOA Compliance Form 5. Development Review Procedure All Applications are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk’s Office on the second floor of City Hall and on the internet at http://www.cityofaspen.com/1223, City Departments, City Clerk, Municipal Code, and search Title 26. We require all applications on private property, and strongly encourage applications in the Right-of-Way, to hold a Pre-Application Conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. This meeting can occur in person or by phone or e-mail. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, inefficiencies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case, contact Planner of the Day, or consult the applicable sections of the Aspen Land Use Code. Page 1 of 13 Application Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee is collected by Community Development for applications which normally take a minimal and predictable amount of staff time to process. Review fees for other City Departments reviewing the application (referral departments) will also be collected when necessary. Flat fees are cumulative – meaning an application with multiple flat fees must be pay the sum of those flat fees. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff time is required. Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case in addition to the case planner. Deposit amount may be reduced if, in the opinion of the Community Development Director, the project is expected to take significantly less time to process than the deposit indicates. A determination on the deposit amount shall be made during the pre-application conference by the case planner. Hourly billing shall still apply. All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required fee. The Community Development Department shall keep an accurate record of the actual time required for the processing of a land use application requiring a deposit. The City can provide a summary report of fees due at the applicant’s request. The applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than provided for by the deposit, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days past due. Unpaid invoices of 90 days or more past due may be assessed a late fee of 1.7% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be assigned by the Municipal Court Judge. All payment information is public domain. All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, and unpaid invoice of 90 days or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties. Page 2 of 13 Agreement to Pay Application Fees An agreement between the City of Aspen (“City”) and Property Owner Name: _____________________________________________________________________________________________________________________________ Address of Property: _________________________________________________________________________________________________________________________________ Representative Name (if different from Property Owner): ____________________________________________________________________________________ Billing Name and Address – Send Bills to: Contact Email for Billing: ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ Contact Phone for Billing: ___________________________________________________________________ ___________________________________________________________________ I understand that the City has adopted, via Ordinance No.40, Series of 2018, as may be amended, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $____________ flat fee for _____________________________ $____________ flat fee for _____________________________ $____________ flat fee for _____________________________ $____________ flat fee for _____________________________ For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no- payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly Page 3 of 13 billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $________________ deposit for_____________ hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $________________ deposit for _____________ hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: __________________________________________________________________ Phillip Supino, AICP Community Development Director Property Owner, or Representative Signature: _________________________________________________ PRINT Name:____________________________________________ Title:__________________________________________________________ City Use: Fees Due: $_______________ Received $_______________________________ Case #______________________________________ Page 4 of 13 Land Use Application Form Project Name and Address:_______________________________________________________________________________________________________________________________________ Parcel ID #, if on Private Property (REQUIRED): ______________________________________________________________________________________________________ Location, if in Right-of-Way, include Lat/Long (REQUIRED): ___________________________________________________________________________________ Zone District: _______________________________________________________________ Historic District? __________Yes __________ No Historic Building (Designated)? __________Yes __________ No Applicant: Name: ___________________________________________________________________________________________________________________________________________________________ Address: _______________________________________________________________________________________________________________________________________________________ Phone #: _______________________________________________________________________________________________________________________________________________________ Email: ___________________________________________________________________________________________________________________________________________________________ Representative: Name: ___________________________________________________________________________________________________________________________________________________________ Address: _______________________________________________________________________________________________________________________________________________________ Phone #: _______________________________________________________________________________________________________________________________________________________ Email: ___________________________________________________________________________________________________________________________________________________________ Property Owner: Name: ___________________________________________________________________________________________________________________________________________________________ Address: _______________________________________________________________________________________________________________________________________________________ Phone #: _______________________________________________________________________________________________________________________________________________________ Email: ___________________________________________________________________________________________________________________________________________________________ Identification of Proposed Wireless Facility type (please select all applicable): My project meets the definition of “Small Cell Facility” pursuant to Land Use Code Section 26.505.030 (3 cubic feet) New Deployment of Small Cell Wireless Facility Collocation of Small Cell Wireless Facility. Collocation is defined in Land Use Code Section 26.505.030, and includes installation of a wireless facility on an existing structure. Eligible Facilities Request. Eligible Facilities Requests are defined in Land Use Code Section 26.505.030, and means a modification of an existing tower or base station that involves either the collocation of new transmission equipment, or the removal of transmission equipment, or the replacement of transmission equipment, and that does not substantially change the physical dimensions of the existing tower or base station. Non-Eligible Facilities Request Collocation New Deployment of non-Small Cell Wireless Facility My project is located in a Right-of-Way Page 5 of 13 Wireless Communication Facilities Shot Clock Table Small Wireless Facility - New Deployment Small Wireless Facility – Collocation Eligible Facilities Request Non-Eligible Facilities Request Collocation Non-Small Wireless Facility WCF – New Deployment (E.g. a standalone monopole in the Right-of-way) (E.g. a small wireless facility on an existing structure such as a traffic light) (e.g. modification of transmission equipment on an existing tower or base station that does not “substantially change” the physical dimensions of the tower or base station) (e.g. a request for installation of new transmission equipment on an existing tower or base station, but that would substantially change dimensions of the tower or base station) (e.g. a new Tower) 90 days 60 days 60 days 90 days 150 days Please describe the proposed wireless facility that is the subject of this application. __________________________________________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________________________________________ Please describe the current site on which the wireless facility is proposed, including any existing buildings or wireless infrastructure, as well as parcel boundaries. “Site” means the building or tower on which the Wireless Facility is proposed to be located. __________________________________________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________________________________________ Page 6 of 13 Please provide the following information for all proposed facilities. Additional pages may be used if multiple wireless facilities are proposed. •What is the proposed height of the proposed wireless facility from the point of attachment to the ground or building? __________________________________________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________________________________________ •What is the proposed cubic feet of the proposed wireless facility? __________________________________________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________________________________________ •What electric and internet connectivity requirements does the proposed facility have? Who are the utility providers of these services? __________________________________________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________________________________________ •Does this application involve any excavation or location of equipment outside the boundaries of the Site? (If so, please describe): __________________________________________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________________________________________ •Describe the number and dimension of any equipment cabinets. __________________________________________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________________________________________ •Describe the equipment type, model number and manufacturer specifications (ex. Dimensions and weight): __________________________________________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________________________________________ •Describe the noise levels from equipment to be installed (if applicable): __________________________________________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________________________________________ Page 7 of 13 For all Eligible Facilities Requests, please provide the following additional information: •Documentation of previous land use or building permit approval. Please provide all information documenting how the structure previously received land use approval for the existing facilities. Include the date(s) of land use approval, the Notice of Approval or other documentation for the land use approval, any permit numbers related to the construction of the facilities, and any conditions contained in the permit and/or land use approval. Existing Towers, Existing Support Structures, or Existing Base Stations are defined in the Land Use Code as those that have been previously reviewed and approved under the applicable zoning process in place at the time of their construction. ______________________________________________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________________________________________ •Is this a collocation of new transmission equipment? __________Yes __________ No •Is this a removal of existing transmission equipment? __________Yes __________ No •Is this a replacement of existing transmission equipment? __________Yes __________ No •What is the height of the existing structure? _____________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________________________________________ •What will the height of the structure be after the collocation, removal, and/or replacement of transmission equipment from the point of attachment on the ground or building? If the infrastructure is roof mounted, provide a measurement from either the point of attachment or from the top of screening (if behind a parapet wall or screen). ______________________________________________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________________________________________ Page 8 of 13 Please indicate if the following applicable requirements have been met with the proposed facility. For all projects proposed on private property, all required Application Contents, as outlined in Aspen Land Use Code Subsection 26.304.030.B, are included, including specifically: The completed HOA Form (attached) Letter of Authorization from the Property Owner. This must be from the property owner, not a carrier. Proof of ownership consisting of a current certificate from a title insurance company or attorney licensed to practice in the State of Colorado. The proposed WCF meets all Federal Requirements, including those of the FAA, FCC, and any other federal agency with the authority to regulate WCFs. A written statement explaining compliance is required. (See 26.505.040, Operational Standards) The design and siting of the WCF does not interfere with the normal operation of public safety communications, radio, television, telephone, or other communications services. A written statement from a qualified radio frequency engineer is required (See 26.505.040.C, Signal Interference) All required Application Items, as outlined in Aspen Land Use Code Subsection 26.505.060, Application Contents, are included in the application. Plan Submittal Standards, meeting requirements of Title 29, Engineering Design Standards – Submittal Requirements Chapter 1, and showing the location of existing and proposed facilities and equipment to scale. This can be multiple sheets showing existing versus proposed. Before and After pictures or other visual simulations. Building Façade Elevations showing the location of the existing and proposed facilities and equipment, to scale. Site Improvement survey, including topography, vegetation, utilities, utility services, easements, vacated rights-of-way, and any other requirements outlined in Title 29, Engineering Design Standards, stamped and signed by a registered land surveyor. Landscape Plan, as applicable Lighting Plan, illustrating how any lighting complies with the requirements of the City’s Lighting Code (See 26.575) A structural integrity report from a Professional Engineer licensed in the State of Colorado. Evidence that efforts were undertaken to locate on an existing wireless facility. Written documentation regarding site selection that demonstrates a good faith effort to meet the City’s location preferences (See Section 26.505.070.B, Site Selection, for the listed preferences). Page 9 of 13 Complete responses to all Design Standards, including those included in the Wireless Communications Facilities Design Guidelines adopted by the Aspen City Council, as amended from time to time. Building Permit / Right-of-Way Application Requirements. The documents listed below are required, based on the specific type of facility that is proposed. All documents are required as part of the initial land use application submission. Building permit requirements for roof-mounted appliances: Completed building permit application packet A letter, signed and stamped by a structural engineer, verifying that the building can handle the additional load of the proposed units Existing and proposed scaled drawings o Proposed drawings must show compliance with 2015 IMC Section 306 and 2015 IBC Section 1015.6 Building permit requirements for free-standing towers: Completed building permit application packet A letter, signed and stamped by a structural engineer, verifying that the building can handle the additional load of the proposed units Existing and proposed scaled drawings o Proposed drawings must show compliance with 2015 IMC Section 306 and 2015 IBC Section 1015.6 A narrative or spec sheet describing the materials and construction methods of the proposed structure Signed special inspection agreement, if applicable Completed Construction Mitigation Plan, if triggered, refer to Title 29 for thresholds Right-of-Way permit requirements refer to Title 21 for any work in the right-of-way: Completed right-of-way application packet A copy of a valid Maintenance Bond Professionally drawn detailed Traffic Control Plan (TCP) A narrative or spec sheet describing the materials and construction methods of the proposed structure A letter, signed and stamped by a structural engineer, verifying that the proposed pole / structure can handle the additional load of the proposed facilities A letter stating fiber and electric capacity exists for the proposed wireless facility Separate 14 Day Written Notification in the form of a right-of-way application, submitted electronically, to City Engineering Department prior to start of right-of-way work for each individual facility. This will include the approved TCP, valid and updated Maintenance Bond, and approved site plan(s). Completed Construction Mitigation Plan Electric Permit Requirements Completed Electric permit application packet For Internal Use: _______ Date of Application Received _______ Date of Completeness Review _______ Date Deemed Complete _______ Date of applicable review timeline Page 10 of 13 Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Property Owner (“I”): Name: Email: Phone No.: Address of Property: (subject of application) _____________________________________________________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________________________________________________ I certify as follows: (pick one) □This property is not subject to a homeowners association or other form of private covenant. □This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. □This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: ______________________________________________________________________ Date:_____________________________________________________ Owner printed name: ______________________________________________________________________ or, Attorney signature: ______________________________________________________________________ Date:_____________________________________________________ Attorney printed name: ______________________________________________________________________ Page 11 of 13 DEPARTMENT DEVELOPMENT REVIEW PROCEDURE 1. Attend pre-application conference. During this one-on-one meeting, staff will determine the review process which applies to your development proposal and will identify the materials necessary to review your application. 2. Submit Development Application. Based on your pre-application meeting, you should respond to the application package and submit the requested number of copies of the complete application and the application and the appropriate processing fee to the Community Development Department. 3. Determination of Completeness. Within five working days of the date of your submission, staff will review the application, and will notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4. Staff Review of Development Application. Once your application is determined to be complete, it will be reviews by the staff for compliance with the applicable standards of the Code. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified. A memo will be written by the staff member for signature by the Community Development Director. The memo will explain whether your application complies with the Code and will list any conditions which should apply if the application is to be approved. Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application is eligible for the requested amendment or exemption. 5. Board Review of Application. If a public hearing is required for the land use action that you are requesting, then the Planning Staff will schedule a hearing date for the application upon determination that the Application is complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The applicant will be required to nail notice (one copy provided by the Community Development Department) to property owners within 30 feet of the subject property and post notice (sign available at the Community Development Department)of the public hearing on the site at least fifteen (15) days prior to the hearing date (please see Attachment 6 for instructions). The Planning Staff will publish notice of the hearing in the paper for land use requests that require publication. The Planning Staff will then formulate a Page 12 of 13 recommendation on the land use request and draft a memo to the reviewing board(s). Staff will supply the Applicant with a copy of the Planning Staff’s memo approximately 5 days prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public Hearings include a presentation by the Planning Staff, a presentation by the Applicant (optional), consideration of public comment, and the reviewing board’s questions and decision. 6. Issuance of Development Order. If the land use review is approved, then the Planning Staff will issue a Development Order which allows the Applicant to proceed into Building Permit Application. 7. Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may proceed to building permit review. During this time, your project will be examined for its compliance with the City's Adopted Building Codes. It will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any document required to be recorded, such as a plat, deed restriction or agreement, will be reviewed and recorded before a Building Permit is submitted. Page 13 of 13 100 Corporate Drive, Suite 305, Lebanon, NJ 08833 Phone (908) 849-3011 Fax (908) 849-7981 www.ustitlesolutions.com REPORT OF TITLE Bring to Date U.S. Title Solutions File No. UST73141 Reference No. DN01587A - BTD #3 Site Name: Aspen Highlands Prepared For:Insite RE Inc Premises:197 Prospector Road (Building #2), Aspen, CO 81611 Parcel:273514213803 County:Pitkin REPORT POWERED BY LAND-ITTM This Report of Title is for informational purposes only. It is not a representation of the condition of title to real property. It is not an abstract, legal opinion, opinion of title, or any form of title insurance. This report is issued exclusively for the benefit of the applicant therefore, and may not be relied upon by any other person. The liability of U.S. Title Solutions is limited to the amount of the fee paid therefore. Page 1 of 5 U.S. TITLE SOLUTIONS File No. UST73141 Reference No. DN01587A - BTD #3 REPORT OF TITLE SCHEDULE - I 1.DATE OF REPORT : November 10, 2022 2.SCOPE OF SEARCH: Beginning September 29, 2021 and extending through October 26, 2022, a search of the land records for the jurisdiction where the property is located was conducted and we have reported what was found regarding taxes; deeds; mortgages; easements and right of ways; covenants and restrictions; judgments; liens and UCCs; and other matters commonly recorded or filed in the County records. 3.THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS REPORT IS: Fee Simple 4.TITLE TO SAID ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS REPORT IS AT THE EFFECTIVE DATE HEREOF VESTED IN: Various Unit Owners and the Aspen Highlands Condominium Association, Inc., a Colorado corporation as defined in the Declaration of Condominium for Aspen Highlands Condominiums and any amendments thereto. 5.SOURCE OF TITLE : Declaration for Aspen Highlands Village made by The Ritz-Carlton Development Company, Inc. and Hines Highlands Limited Partnership, Dated October 13, 1998, Recorded October 15, 1998, in Instrument No: 423272. Notes: 1st page only included. 6.PROPERTY IS IDENTIFIED AS FOLLOWS : Parcel ID :273514213803 Tax Year :2022 Status :Not Verified Note :Taxes are assessed to individual unit owners. 7.THE LAND REFERRED TO IN THIS REPORT IS SET FORTH ON SCHEDULE - II ATTACHED HERETO Page 2 of 5 U.S. TITLE SOLUTIONS File No. UST73141 Reference No. DN01587A - BTD #3 REPORT OF TITLE SCHEDULE - II (LEGAL DESCRIPTION) The Land referred to herein below is situated in the County of Pitkin, State of Colorado, and is described as follows: All areas depicted and described as General Common Elements (a/k/a G.C.E.) as shown on the First Supplemental Condominium Map Aspen Highlands Condominiums - Phase 2, recorded June 11, 2002, in Plat Book 60 at Page 83, as Reception No. 468558. Page 3 of 5 U.S. TITLE SOLUTIONS File No. UST73141 Reference No. DN01587A - BTD #3 REPORT OF TITLE SCHEDULE - III The items set forth herein are intended to provide you with notice of matters affecting title to the land described in Schedule - ll of this Report. Any statement of facts or matters which an accurate survey of the land would disclose, rights of tenants or parties in possession under unrecorded leases and easements or claims of easements not shown by the public record are not included in this report. No liability is assumed for items not indexed or mis-indexed in the County Records. 1.MORTGAGES, DEEDS OF TRUST AND UCCs None found within period searched. 2.JUDGMENTS AND LIENS None found within period searched. 3.COVENANTS AND RESTRICTIONS 3.1 Supplemental and Clarifying Amendment to the Residential Amenities Declaration for Aspen Highlands Village by Aspen Highlands Village Residential Amenities Association, Dated April 08, 2022, Recorded April 14, 2022, in Instrument No: 686702. Notes: Affects Doc No. 423273 4.EASEMENTS AND RIGHTS OF WAY None found within period searched. 5.OTHER RECORDED DOCUMENTS 5.1 Notice of Approval between Aspen Highlands Condominium Association and T Mobile, Recorded March 04, 2022, in Instrument No: 685671. 5.2 Memorandum of Agreement between Osito LLC and Aspen Highlands Condominium Association, Inc., Dated November 11, 2021, Recorded January 04, 2022, in Instrument No: 684083. 6.OTHER UNRECORDED DOCUMENTS None found within period searched. Page 4 of 5 U.S. TITLE SOLUTIONS File No. UST73141 Reference No. DN01587A - BTD #3 REPORT OF TITLE SCHEDULE - V (OWNERSHIP HISTORY) 1.Declaration for Aspen Highlands Village made by The Ritz-Carlton Development Company, Inc. and Hines Highlands Limited Partnership to Various Unit Owners and the Aspen Highlands Condominium Association, Inc., a Colorado corporation as defined in the Declaration of Condominium for Aspen Highlands Condominiums and any amendments thereto., Dated October 13, 1998, Recorded October 15, 1998, in Instrument No: 423272. Notes: 1st page only included. Page 5 of 5 DECLARATION FOR ASPEN HIGHLANDS VILLAGE Mill fill IIIIII IIIIII IIII IIII IIIIIII III IIIII IIII IN 423172 10/15/1998 03:59P DECLARAT DAVIS SILVI 1 of 73 R 356.00 D 0.00 N 0.00 PITKIN COUNTY CO AFTER RECORDING RETURN To: RECEPTION#: 686702, R: $28.00, D: $0.00 Altitude Community Law P.C. DOC CODE: AMEND DEC 555 Zang Street, Suite 100 Pg 1 of 4,0411412022 at 12:16:29 PM Lakewood, CO 80228 Ingrid K. Grueter, Pitkin County, CO Attn: APO SUPPLEMENTAL AND CLARIFYING AMENDMENT TO THE RESIDENTIAL AMENITIES DECLARATION FOR ASPEN HIGHLANDS VILLAGE THIS AMENDMENT is made this 1!� day of 2022. RECITALS A. Hines Highlands Limited Partnership created ASPEN HIGHLANDS VILLAGE RESIDENTIAL AMENITIES ASSOCIATION ("Amenities Association") by recording a Residential Amenities Declaration for Aspen Highlands Village, as amended and supplemented, in the real property records of the County of Pitkin, State of Colorado, at Reception No. 423273, on October 15, 1998 (the "Declaration"). B. The Declaration provides for and allows for this Supplemental and Clarifying Amendment to the Declaration, (the "Amendment") in Article 15, Section 15.2, which provides as follows: The provisions of this Declaration may be amended or terminated, in whole or in part, from time to time, upon the written consent of Owners representing an aggregate voting interest of 51% or more; provided, however, that the provision of this Declaration requiring a vote of more than 5 1 % of the aggregate voting interest to be effective may only be amended by a vote of the applicable aggregate voting interest stated in such provision. C. All Owners are aware of the provisions of the Declaration allowing for amendment, by virtue of the record notice of the Declaration, by acts and disclosures, newsletters or notices of the Association and by other means. D. This Supplemental and Clarifying Amendment has been prepared and determined by the Association and by the Owners that have approved this Amendment to be reasonable and not burdensome. E. The purpose of this Supplemental and Clarifying Amendment is to confirm annexation into the Amenities Association the property described in Exhibit A and which consists of all of the real property as described in Aspen Highlands Village P.U.D. Thunderbowl Townhome Residences, according to the plat thereof recorded September 20, 2001 under Reception NO.458917, as such property is required to be Members of the Amenities Association and was not properly annexed by the Declarant, due to an apparent oversight by the Declarant at the time the Amenities Association was developed. F. The undersigned, being the President and Secretary of the Association, hereby certify that Owners representing at least 5 1 % of the Association votes have consented and agreed to this Supplemental Amendment. 07444085.DOCX;4 RECEPTION#: 686702, 04/14/2022 at 12:16:29 PM, Pgs 2 of 4, Ingrid K. Grueter, Pitkin County, CO G. As amended by this Supplemental and Clarifying Amendment, this amendment shall become part of and incorporated into the "Declaration." NOW THEREFORE, I. Amendments. The Declaration is hereby amended as follows: (a) Annexation of Property. The property described in Exhibit A, attached hereto and incorporated herein by this reference, is hereby annexed into the Amenities Association. The property described in Exhibit A shall be subject to the terms and provisions of the Declaration, as amended and supplemented. (b) Effect of Expansion. Assessments by the Association as provided in Article 6 of the Amenities Declaration, upon the recording of this Amendment, shall be divided among the Units according to the Percentage Assessment Obligation and formula set forth on Exhibit B attached hereto and incorporated herein by reference and Exhibit C to the Amenities Declaration is hereby amended in its entirety to read in accordance with Exhibit B hereto. H. No Other Amendments. Except as amended by the terms of this Amendment and previous Amendments and Supplements, the Declaration shall remain in full force and effect. IN WITNESS WHEREOF, this Amendment is executed by the undersigned. ASPEN HIGHLANDS VILLAGE RESIDENTIAL AMENITIES ASSOCIATION, a Colorado nonprofit corporation STATE OF COLORADO ) ��JJ //// COUNTY OF fJVkb ) ) ss. a The foregoing was acknowledged before me this 8-A day of by 0 G p as of Aspen Highlands Village Residential Amenities Association. Witness my hand and official seal. My commission expires: &r 1/ 7 �e ) Sn MARY ANN LEONARDI NOTARY PUBLIC STATE OF COLORADO NOTARY ID #19934005073 M Commission Expires April 7, 2025 .01 07444085.00CX;42 �1 Notary Pu is RECEPTION#: 686702, 04/14/2022 at 12:16:29 PM, Pgs 3 of 4, Ingrid K. Grueter, Pitkin County, CO EXHIBIT A LOTS 1 THROUGH 12, INCLUSIVE, BLOCK A, AND LOTS 1 THROUGH 19, INCLUSIVE, BLOCK G (AND EXPRESSLY EXCLUDING LOT F AND LOT G, BLOCK G), ACCORDING TO THE FINAL PLAT OF ASPEN HIGHLANDS VILLAGE PUD, RECORDED IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, ON OCTOBER 13, 1998 AS RECEPTION NO.423275 Thunderbowl: LOTS 1-16 ASPEN HIGHLANDS VILLAGE P.U.D, BLOCK C, THUNDERBOWL TOWNHOME RESIDENCES, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 20, 2001 RECEPTION NO.458917, COUNTY OF PITKIN, STATE OF COLORADO Maroon Subdivision: UNIT(S) 1-14, EXCLUDING LOT 11, TOWNHOME RESIDENCES MAROON NEIGHBORHOOD, ACCORDING TO THE 2ND SUPPLEMENTAL PLAT OF BLOCK E, ASPEN HIGHLANDS VILLAGE P.U.D., RECORDED ON JANUARY 10, 2002, IN PLAT BOOK 59 AT PAGE 51, COUNTY OF PITKIN, STATE OF COLORADO. UNIT(S) 15-16, TOWNHOME RESIDENCES MAROON NEIGHBORHOOD, ACCORDING TO THE SUPPLEMENTAL PLAT OF BLOCK E, ASPEN HIGHLANDS VILLAGE P.U.D., RECORDED ON JANUARY 12, 2000, IN PLAT BOOK 2 AT PAGE 26 & 27 AT RECEPTION NO. 439494, COUNTY OF PITKIN, STATE OF COLORADO. 07444085.DOCX;43 RECEPTIONM 686702, 04/14/2022 at 12:16:29 PM, Pgs 4 of 4, Ingrid K. Grueter, Pitkin County, CO EXHIBIT B PERCENTAGE ASSESSMENT OBLIGATION The formula used to calculate the Percentage Assessment Obligation for each Unit and Fractional Ownership Interest is based upon the number of votes allocated to each Unit and Fractional Ownership Interest as a percentage of all votes on Association matters allocated to all Units. As such, the Percentage Assessment Obligation of each Unit that has not been further subdivided into Fractional Ownership interests is 1.89%, and the Percentage Assessment Obligation of each Unit within a Fractional Project is 0% (as no Units currently subject to this Declaration have been subdivided into Fractional Ownership Interests). The Percentage Assessment Obligation of each Unit shall be adjusted upon the inclusion of additional Units in the Association. The Percentage Assessment Obligation of each Unit within an Fractional Project will be allocated to the Owners of the Fractional Ownership Interests comprising such Unit on the same basis as such Owners' fractional interest in the Unit; meaning, by way of example and not of limitation, that if a Unit is divided into Fractional Ownership Interests constituting a 1/8 share of such Unit, then each Fractional Ownership Interest therein shall be allocated 1/8 of the Percentage Assessment Obligation with respect to such Unit. 07444085.DOCX;44 RECEPTION#: 686671, R: $178.00, D: $0.00 DOC CODE: APPROVAL Pg 1 of 34, 03/04/2022 at 09:58:06 AM Janice K. Vos Caudill, Pitkin County, CO NOTICE OF APPROVAL AN ADMINISTRATIVE APPROVAL FOR THE UPGARDE OF AN EXISITNG WIRELESS TELECOMMUNICATION FACILITY AT THE PROPERTY LEGALLY DESCRIBED AS: ASPEN HIGHLANDS CONDOMINIUMS — PHASE 2 RECORDED JANUARY 11, 2001 IN BOOK 56 PAGE 24 RECEPTION NO. 4504555 AS AMENDED AND SUPPLEMENTED BY THAT CERTAIN FIRST SUPPLEMENTAL CONDOMINIUM MAP FOR ASPEN HIGHLANDS CONDOMINIUMS — PHASE 2 RECORDED JUNE 11, 2002 IN BOOK 60 PAGE 81 AT RECEPTION NO.468558, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO, COMMONLY KNOWN AS 197 PROSPECTOR ROAD Parcel ID: 273514213803 APPLICANT: Aspen Highlands Condominium Association 133 Prospector Road, Aspen, CO 81611 970.279.1408 REPRESENTATIVE: T Mobile Attn: Darren Hunter, Insite Inc. 1 S660 Midwest Road, Suite 140 Oakbrook Terrace, IL 60181 913.634.1245 SUBJECT & SITE OF APPROVAL: Upgrade of an existing wireless telecommunications facility located at 197 Prospector Road, Aspen, CO 81611 LAND USE REQUEST AND REVIEW PROCEDURES: 26.505.080 — Wireless Communications Facilities and Equipment If a proposed wireless communications equipment upgrade meets specific review criteria, the application can be reviewed administratively. The Community Development Director is the final review authority. SUMMARY: The applicant requests approval to upgrade existing wireless telecommunication equipment located on the chimney of the building at 197 Prospector Road. The upgrade consists of replacing, adding and modifying antennas, and installing related cable lines and accessory equipment, located in an internal equipment room. All equipment upgrades would occur in an area of the chimney that currently contains wireless telecommunication and mechanical equipment. New equipment proposed, and all equipment will be confined to the currently leased area. All proposed equipment complies with the applicable review criteria in the code. RECEPTION#: 685671, 03/04/2022 at 09:58:06 AM, Pgs 2 of 34, Janice K. Vos Caudill, Pitkin County, CO STAFF EVALUATION: Pursuant to Section 26.505.080, Wireless Communications Facilities and Equipment, proposed equipment must comply with a number of review standards. The proposed upgrades to the existing wireless equipment will continue to use areas on the chimney and within the building that have traditionally been used for wireless telecommunication and mechanical equipment. The proposed equipment does not increase the visual impact of the equipment. The height of the new equipment will be the same as the existing equipment. DECISION: The Community Development Director finds the Administrative Application for Wireless Communication Equipment to be consistent with the review criteria (Exhibit B) and thereby APPROVES the request with the following building permit requirements as conditions of approval: 1) Building permit requirements for roof -mounted and internal equipment upgrades to be submitted by the licensed general contractor for the project: • Completed, permit application packet, submitted through the City of Aspen's permit portal. Please contact the City's building department with any questions. • A letter, signed and stamped by a structure engineer, verifying that the building can handle the additional load of the proposed equipment. • Existing and proposed scaled drawings. a. Proposed drawings must show compliance with 2015 IMC Section 306 and 2015 IBC Section 1015.6 APPROVED BY: Supino Phillip Supino patea2022.01.06 15 22II51 -07''00' Phillip Supino, Community Development Director Date Attachments: Exhibit A — Approved plans and excerpt from EME report (recorded) Exhibit B — Review Criteria (not recorded) Exhibit C — Application (not recorded) 2 RECEPTION#: 685671, 03/04/2022 at 09:58:06 AM, Pgs 3 of 34, Janice K. 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MTW ME R pmV,NnMpgWA�TA, .q E_CDU=dq ROT WH. Wlg2@I M.IGyW= J RECEPTo + 68567,03042£ at #:e:K aR ma4o34 amp K. AaCaudill, m«nCounty, c \ ;( \ ,! ;) \ } ;a.;;;;! ® §f . _ >/�§ /Cn §3` 0> ) / r) /zo=.;! 77 !" )� • ( j®f(®)� CD «` no RECEPTION#: 685671, 03/04/2022 at 09:58:06 AM, Pgs 5 of 34, Janice K. Vos Caudill, Pitkin County, CO ('N D z 1 D r . 21 n D N m O N Y CUM CrywnnVrec6WMI �d �i• •0 y120 Q R y� o► c:� 0 0 _ 0, 00, z z aa 0 0 0 0 MpgtSH]ALLfi0PA6E\C.WD JM7A nC[Cb L60�Aq G101Wrt: WA/XIII T'Wyw�lb ■ y V g 0 m �m� ■ i y 'D^ � Z � m R` ■■ j D < rn r p ^ ~ G1 N g m ii CEO eU:@em,oao4 202 at #:@:e A% ms@¥34 Janice K. v sc kk Pitkinc umy, co a] } . | i) w . ; ,�|§|!|!| 23■ )09` 2 �m ® : _ !2 m, 2tG■Iz §m o § 2§ / �. « §\\\\\\{ z� `'l��. °($§12212« \ § RECEPTION#: 685671, 03/04/2022 at 09:58:06 AM, Pgs 7 of 34, Janice K. 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Vos Caudill, Pitkin County, CO r: BiteBafe A facra company 8618 Westwood Center Drive, Suite 315, Vienna, VA 22182 703.276.1 100 • 703.276.1169 fax info@sitesafe.com • www.sitesafe.com T-Mobile Site ID - DN01587A Assessment Purpose - Mod (Anchor) Site Name - Aspen Highlands Site Compliance Report 197 Prospector Rd Aspen, CO 81611 Latitude: N39-10-54.89 Longitude: W 106-51-16.72 Structure Type: Rooftop Report generated date: November 12, 2021 Report by: Scott Broyles Customer Contact: Mike Morgan T-Mobile's proposed modifications are compliant with FCC rules and regulations. © 2021 Site Safe, LLC, Vienna, VA sealed 12nov2021 mike@h2dc.com H2DC PLLC CO CoA#: 2020156890 RECEPTION#: 685671, 03/04/2022 at 09:58:06 AM, Pgs 21 of 34, Janice K. Vos Caudill, Pitkin County, CO << �� SiteSafe A Cam, G�eri�B' T-Mobile Aspen Highlands Radio Frequency (RF) Site Compliance Report 197 Prospector Rd, Aspen, CO 81611 8618 Westwood Center Drive • Suite 315 • Vienna, VA 22182 703.276.1100 . lnfo@sltesafe.com RECEPTION#: 685671, 03/04/2022 at 09:58:06 AM, Pgs 22 of 34, Janice K. Vos Caudill, Pitkin County, CO SiteSafe Table of Contents 1 EXECUTIVE SUMMARY......................................................................................3 1.1 GENERAL.....................................................................................................3 1.2 SITE CLASSIFICATION & FCC MPE LIMITS.........................................................3 1.3 SITE COMPLIANCE STATEMENT......................................................................... 3 2 TECHNICAL FRAMEWORK................................................................................ 4 2.1 FCC RULES AND REGULATIONS.......................................................................4 3 GENERAL SAFETY RECOMMENDATIONS......................................................... 6 4 T-MOBILE ANTENNA INVENTORY.....................................................................8 5 SITE MEASUREMENTS......................................................................................10 6 RF EXPOSURE & MITIGATION DIAGRAMS.....................................................11 7 SUMMARY.......................................................................................................13 8 ENGINEER CERTIFICATION.............................................................................14 APPENDIX A - DEFINITIONS.................................................................................... is APPENDIX B - STATEMENT OF LIMITING CONDITIONS..........................................17 APPENDIX C - RF EXPOSURE DIAGRAM COLOR CODING...................................18 8618 Westwood Center Drive • Suite 315 • V€enno, VA 22182 703.276.1100 • €nfo@sitesafe.com RECEPTION#: 685671, 03/04/2022 at 09:58:06 AM, Pgs 23 of 34, Janice K. Vos Caudill, Pitkin County, CO SiteSafe A C MWnY I Executive Summary 1.1 General Upon evaluation of the cumulative RF exposure levels from all operators at this site, T-Mobile has contracted with Site Safe, LLC (Sitesafe), an independent Radio Frequency (RF) regulatory and engineering consulting firm, to determine whether the communications site, DN01587A - Aspen Highlands, located at 197 Prospector Rd, Aspen, CO, is in compliance with Federal Communications Commission (FCC) rules and regulations for RF exposure. This report contains a detailed summary of the RF environment at the site including: • Site compliance determination • Diagram of the site • Inventory of the make / model of all antennas • Record of any Maximum Permissible Exposure ("MPE") measurements taken on the site, as applicable • Theoretical MPE based on predictive modeling 1.2 Site Classification & FCC MPE Limits This report addresses exposure to radio frequency electromagnetic fields in accordance with FCC rules and regulations for all individuals, classified in two groups —Occupational (Controlled) and General Public (Uncontrolled). The FCC defines two sets of MPE limits for these groups. Occupational limits apply in situations in which persons are exposed as a consequence of their employment and where those persons have undergone proper RF awareness training, have been made fully aware of the potential for exposure, and can exercise control over their exposure. General Public limits, conversely, apply to accessible areas where workers or the general public may be exposed and have not undergone RF awareness training, may not be aware of the potential for exposure, and may not be able to exercise control over their exposure. For the frequency bands the commercial wireless carriers operate in, the General Public MPE limits are five times more conservative than the Occupational MPE limits. That is, there is a much stricter standard of compliance in areas that are accessible by the general public. 1.3 Site Compliance Statement Upon evaluation of the cumulative RF exposure levels from all operators at this site, Sitesafe has determined that: T-Mobile's proposed modifications are compliant with FCC rules and regulations, as described in OET Bulletin 65. Note: If any work needs to be done on the rooftop, T-Mobile should work with the landlord to ensure the T-Mobile antennas are powered down before any work commences. This document and the conclusions herein are based on the information provided by T-Mobile. If you have any questions regarding RF safety and regulatory compliance, please do not hesitate to contact Sitesafe's Customer Support Department at (703) 276-1100. 8618 Westwood Center Drive • Suite 315 • Vienna, VA 22182 703.276.1100 • info@sitesafe.com Page 3 RECEPTION#: 685671, 03/04/2022 at 09:58:06 AM, Pgs 24 of 34, Janice K. Vos Caudill, Pitkin County, CO (w)SiteSafe A 2 Technical Framework 2.1 FCC Rules and Regulations In 1996, the FCC adopted regulations for evaluating the effects of RF emissions in 47 CFR § 1.1307(b) and 1.1310. The guideline from the FCC Office of Engineering and Technology is Bulletin 65 (OET Bulletin 65), Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields, Edition 97-01, published August 1997. Since 1996, the FCC periodically reviews these rules and regulations as per its congressional mandate. FCC regulations designate two separate tiers of exposure limits: Occupational (Controlled) and General Public (Uncontrolled). The FCC defines two sets of MPE limits for these groups. Occupational limits apply in situations in which persons are exposed as a consequence of their employment and where those persons have undergone proper RF awareness training, have been made fully aware of the potential for exposure, and can exercise control over their exposure. General Public limits, conversely, apply to accessible areas where workers or the general public may be exposed and have not undergone RF awareness training, may not be aware of the potential for exposure, and may not be able to exercise control over their exposure. Areas are considered controlled when the environment is restricted or "controlled" in order to prevent access from members of the general public or untrained workers. Conversely, areas are considered uncontrolled when access is unrestricted or "uncontrolled" which allows access from members of the general public or untrained workers. A controlled environment can be evaluated with Occupational MPE limits whereas uncontrolled environments should always be evaluated with General Public MPE limits. The MPE limits utilized in this analysis are outlined in the following diagram and table: FCC Limits for Maximum Permissible Exposure (MPE) Plane -wave Equivalent Power Density 1000 0.01 —Occupational — -General Public \ i 0 1 10 100 1,000 10,000 Frequency (MHz) 8618 Westwood Center Drive • Suite 315 • Vienna, VA 22182 703.276.1100 • info@sitesafe.com Page 4 RECEPTION#: 685671, 03/04/2022 at 09:58:06 AM, Pgs 25 of 34, Janice K. Vos Caudill, Pitkin County, CO sitesafe A C F_�v Limits for Occupational/Controlled Exposure (MPE) Frequency Electric Magnetic Power Averaging Time I E 1 2, Range Field Field Density (S) I H 12 or S (minutes) (MHz) Strength (E) Strength (mW/cm2) (V/m) (H) (A/m) 0.3-3.0 614 1.63 (100)* 6 3.0-30 1842/f 4.89/f (900/f2)* 6 30-300 61.4 0.163 1.0 6 300-1500 -- -- f/300 6 1500- -- -- 5 6 100,000 Limits for General Population/Uncontrolled Exposure (MPE) Frequency Electric Magnetic Power Averaging Time I E 12, Range Field Field Density (5) 1 H 12 or S (minutes) (MHz) Strength (E) Strength (mW/Cm2) (V/m) (H)(A/m) 0.3-1.34 614 1.63 (100)* 30 1.34-30 824/f 2.19/f (180/f2)* 30 30-300 27.5 0.073 0.2 30 300-1500 -- -- f/1500 30 1500- -- -- 1.0 30 100,000 f = frequency in MHz *Plane -wave equivalent power density 8618 Westwood Center Drive • Suite 315 a Vienna, VA 22182 703.276.1100 • info@sitesafe.com Page 5 RECEPTION#: 685671, 03/04/2022 at 09:58:06 AM, Pgs 26 of 34, Janice K. Vos Caudill, Pitkin County, CO SiteSafe A C 3 General Safety Recommendations The following are general recommendations appropriate for any site with accessible areas in excess of 100% General Public MPE. These recommendations are not specific to this site. These are safety recommendations appropriate for typical site management, building management, and other tenant operations. 1) All individuals needing access to the main site or the area indicated to be in excess of General Public MPE should wear a Personal Protective Monitor (PPM), successfully complete proper RF Safety Awareness training, and have and be trained in the use of appropriate personal protective equipment. Awareness training increases a worker's understanding of potential RF exposure scenarios. Awareness can be achieved in a number of ways (e.g. videos, formal classroom lecture or internet-based courses). Sitesafe strongly recommends the use of a PPM. Wearing a PPM will properly forewarn the individual prior to entering an RF exposure area that may approach or exceed the exposure limits. 2) Any maintenance personnel required to work immediately in front of antennas and/or in areas indicated as above 100% of the Occupational MPE limits should coordinate with the wireless operators to disable transmitters during their work activities. 3) Access restrictions to transmitting antenna locations is the primary element in a site safety plan. Examples of access restrictions are as follows: • Locked door or gate • Alarmed door • Locked ladder access • Restrictive barrier at antenna(s) (e.g. chainlink with posted RF signage) 4) All individuals needing access to the main site should be instructed to obey all posted signs at all times. RF signage plays an important role in properly warning a worker prior to entering into a potential RF exposure area. 5) Individuals should always assume all antennas are active. Due to the nature of telecommunications transmissions, an antenna transmits intermittently. Always assume an antenna is transmitting and never stop in front of an antenna. If someone must pass by an antenna, they should move through in a transient manner as quickly and safely as possible, thereby reducing any exposure to a minimum. 6) The site should be routinely inspected and this or a similar report updated with any changes to the RF environment including: • addition of new antennas that have been located at the site • removal of existing antennas that are no longer present at the site • addition of new frequency bands on any antenna systems • changes in the radiating power and/or number of RF emitters 8618 Westwood Center Drive . Suite 315 • Vienna, VA 22182 703.276.1100 . info@sitesafe.com Page 6 RECEPTION#: 685671, 03/04/2022 at 09:58:06 AM, Pgs 27 of 34, Janice K. Vos Caudill, Pitkin County, CO Sitesafe A C -7i-l' 7) Post the appropriate NOTICE, CAUTION, or WARNING signage at the main site access point(s) and other locations as required. Note: please refer to the mitigation diagrams) in Section 5 of this report for the locations of existing/ proposed RF signage and barriers and inform everyone who has access to this site that beyond posted signs there may be levels in excess of the limits prescribed by the FCC. 8) It is the responsibility of all licensees comprising the site to maintain ongoing compliance with FCC rules and regulations. Individual licensees that contribute less than 5% MPE to any area (s) out of compliance are not responsible for corrective actions in those areas. 9) Keep a copy of this report available for all persons who must access the site. They should read this report and be aware of the potential hazards with regards to RF and MPE limits. Additional RF information is available at the following sites: https://VVWW.fcc.goy/general/radio-frequency-safet) -0 httr)s://www.fcc.gov/engineering-technology/electromagnetic-comr)atibility- division/radio-frequency-safety/fag/rf-safety OSHA has additional information available at: httgs://www.osho.gov/SLTC/radiofreguencyradiation/index.htmi 8618 Westwood Center Drive a Suite 315 • Vienna, VA 22182 703.276.1100 • info@dtesafe.com Page 7 RECEPTION#: 685671, 03/04/2022 at 09:58:06 AM, Pgs 28 of 34, Janice K. Vos Caudill, Pitkin County, CO Sitessfe A C 4 T-Mobile Antenna Inventory The Antenna Inventory below displays all transmitting antennas at the site. This inventory was provided by the customer and was utilized by Sitesafe to perform theoretical modeling of RF exposure. The inventory coincides with the site diagram(s) in this report, identifying each antenna's location. The antenna information collected includes the following information: • Sector • Technology • Antenna manufacturer make & model • Azimuth • Antenna Height For other carriers at this site, the use of "Generic" as an antenna model, or "Unknown" for an operator means the information with regard to the carrier, their FCC license and/or antenna information was not readily available. Equipment, antenna models and nominal transmit power were used for modeling, based on past experience with radio service providers. 8618 Westwood Center Drive • Suite 315 • Vienna, VA 22182 703.276.1100 • Into4sitesafexorn Page 8 RECEPTION#: 685671, 03/04/2022 at 09:58:06 AM, Pgs 29 of 34, Janice K. Vos Caudill, Pitkin County, CO SiteSafe A t a►TA-w The following antenna inventory was provided by the customer and was utilized to create the site model diagrams: Sector Antenna Number Technology Antenna Make and Model Azimuth (Degrees) Centerline Height Above Main/Reference Level (ft) Alpha 1 UMTS Nokia FASB 40 6 Alpha I LTE Nokio FASB 40 6 Alpha 1 LTE/AWSI Nokia FASB 40 6 Alpha 1 LTE/AWS3 Nokia FASB 40 6 Alpha 2 LTE Commscope FFHH-65C-R3 40 6 Alpha 2 5G Commscope FFHH-65C-R3 40 6 Alpha 2 LTE Commscope FFHH-65C-R3 40 6 Beta 3 5G Commscope FFHH-65C-R3 165 6 Beta 3 LTE Commscope FFHH-65C-R3 165 6 Beta 3 LTE Commscope FFHH-65C-R3 165 6 Beta 4 LTE/AWS1 Nokia FASB 165 6 Beta 4 LTE/AWS3 Nokia FASB 165 6 Beta 4 UMTS Nokia FASB 165 6 Beta 4 LTE Nokia FASB 165 6 Gamma 5 LTE/AWSI Nokia FASB 240 6 Gamma 5 LTE/AWS3 Nokia FASB 240 6 Gamma 5 UMTS Nokia FASB 240 6 Gamma 5 LTE Nokia FASB 240 6 Gamma 6 5G Commscope FFHH-65C-R3 240 6 Gamma 6 LTE Commscope FFHH-65C-R3 240 6 Gamma 6 LTE Commscope FFHH-65C-R3 240 6 Note: The centerline height indicates antenna height above the main/reference site level unless otherwise indicated. Note: Each row with the same number in the Ant Number column references the some physical antenna as an antenna may operate in multiple frequency bands. 8618 Westwood Center Drive • Suite 315 • Vienna, VA 22182 703.276.1100 • Info@sitesafe.com Page 9 RECEPTION#: 685671, 03/04/2022 at 09:58:06 AM, Pgs 30 of 34, Janice K. Vos Caudill, Pitkin County, CO << �� SiteSafe A Cam Q5L/� P-M' 5 Site Measurements This section provides a summary of the measurements collected at the site. Two types of measurements were collected at each measurement location: maximum (peak) and spatial average. The spatial average measurement consists of a collection of measurements within a ten (10) second time interval taken from zero (0) to six (6) feet in height. The purpose of this measurement technique is to identify the average power density over the dimensions of a typical human body. See the diagram(s) in Section 6 for the location of each measurement. The measurement points on the diagrams (M 1, M2, etc.) correspond with the table below. Highest Measured Occupational Level: <1 % This value is equal to: Highest General Public Level: <5% Spatial Average and Maximum Occupational Measurements Measurement Point Spatial Average Maximum Measurement Point Spatial Average Maximum M1 <1 % <1 % M14 <1 % <1 M2 <1 % <1 % M15 <1 % <1 % M3 <1 % <1 % M16 <1 % <1 % M4 <1% < 1 % M17 <1% <1% M5 <1% <1% M18 <1% <1% M6 <1 % <1 % M19 <1 % <1 % M7 <1 % <1 % M20 <1 % <1 % M8 <1 % <1 % M21 <1 % <1 % M9 <1 % <1 % M22 <1 % <1 % M10 <1 % <1 % M23 <1 % <1 % M11 <1 % <1 % M24 <1 % <1 % M12 <1 % <1 % M25 <1 % <1 % M13 <1 % <1 % RF meters and probes have been calibrated and used according to the manufacturer's specifications. Measurements provide a view of the MPE percentage levels at the site at the time of Sitesafe's site visit and are used to validate modeling results. Theoretical modeling is used for determining compliance and the percentage of MPE contributions. 8618 Westwood Center Drive • Suite 315 • Vienna, VA 22182 703.276.1100 • info@sitesafe.com Page 10 RECEPTION#: 685671, 03/04/2022 at 09:58:06 AM, Pgs 31 of 34, Janice K. Vos Caudill, Pitkin County, CO SiteSafe A 6 RF Exposure & Mitigation Diagrams The following diagrams display the predictive RF exposure at the facility as well as the existing and/or proposed mitigation required for site compliance. Measurement locations are also displayed. See Appendix C for further explanation of the colors shown on the RF exposure diagram. 8618 Westwood Center Drive • Suite 315 • Vienna, VA 22182 703.276.1100 • info@sitesafe.com Page 11 RECEPTION#: 685671, 03/04/2022 at 09:58:06 AM, Pgs 32 of 34, Janice K. Vos Caudill, Pitkin County, CO RF Exposure Simulation & Measurement Map For: Aspen Highlands Composite View (Feet) 0 24 48 www.sitesafe.com 10n120213:07:47 PM %of PLC fthk Exposm Un* 0-5 5-100 ioo-soo 500-soon 5000+ 111101111 . xnT MOsrm uc . VUAM wMLM . T4*oru M svewr (--j ur XMW arras Proyowd E,a.u� arrl�r �,�, — — — earrler/sian X La ceder M4 M5 M6 M21 M14 M13 M12 Sitesafe OET-65 Model Near Field Boundary. 1.5 • Aperture Reflection Factor: 1 Spatially Averaged RECEPTION#: 685671, 03/04/2022 at 09:58:06 AM, Pgs 33 of 34, Janice K. Vos Caudill, Pitkin County, CO Sitesafe A C 7 Summary The T-Mobile facility was evaluated for compliance with FCC rules and regulations using the data provided to Sitesafe. For areas that may exceed the MPE limits for which RF signage/barriers are required for site compliance, the recommended mitigation is shown in the diagram(s) in Section 6. T-Mobile's proposed modifications are compliant with FCC rules and regulations, as described in OET Bulletin 65. To reduce the risk of exposure and/or injury, Sitesafe recommends that access to the rooftop or areas associated with the T-Mobile antenna installation be restricted to authorized personnel who have undergone proper RF awareness safety training. Additionally, all signs and barriers should be obeyed at all times and any work that must be performed in close proximity to the T-Mobile antennas should be coordinated in advance with T-Mobile to ensure safe working conditions. Workers can call the T-Mobile NOC Number at 1-888-662-4662 for guidance. 8618 Westwood Center Drive • Suite 315 • Vienna, VA 22182 703.276.1100. info@sitesafe.com Page 13 RECEPTION#: 685671, 03/04/2022 at 09:58:06 AM, Pgs 34 of 34, Janice K. Vos Caudill, Pitkin County, CO SiteSafe R C 8 Engineer Certification The professional engineer whose seal appears on the cover of this document hereby certifies and affirms: That I am registered as a Professional Engineer in the jurisdiction indicated in the professional engineering stamp on the cover of this document; and That I, Michael A McGuire, am currently and actively licensed to provide (in this state/jurisdiction as indicated within the professional electrical engineering seal on the cover of this document) professional electrical engineering services, as an employee of Hurricane Hill Development Company, PLLC, a duly authorized/registered engineering firm (in this state, as applicable) on behalf of Site Safe, LLC; and That I am thoroughly familiar with the Rules and Regulations of the Federal Communications Commission (FCC) as well as the regulations of the Occupational Safety and Health Administration (OSHA), both in general and specifically as they apply to the FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields; and That I have thoroughly reviewed this Site Compliance Report and believe it to be true and accurate to the best of my knowledge as assembled by and attested to by Scott Broyles. November 12, 2021 8618 Westwood Center Drive • Suite 315 • Vienna, VA 22182 703.276.1100 • Info@sitesafe.com Page 14 RECEPTION#: 684083, R: $43.00, D: $0.00, 01/04/2022 at 12:27:16 PM, Pgs 1 of 7, Janice K. Vos Caudill, Pitkin County, CO After recording return to: Osito LLC 346 Elm Street Denver, CO 80220 )ace Above for Recorder's Use Only MEMORANDUM OF AGREEMENT This Memorandum of Agreement is by and between Osito LLC, a Colorado limited liability company ("Owner"), and Aspen Highlands Condominium Association, Inc., a Colorado nonprofit corporation ("AHCA"), pursuant to the terms and conditions of that certain "RESIDENCE INTERESTS LEASE AGREEMENT" ("Agreement") dated of even date herewith by which Owner has leased to AHCA, and AHCA has leased from Owner, the Property (as hereinafter defined) upon the following terms: Date of Agreement: November 11, 2021. Description of Property: See EXHIBIT A attached hereto and incorporated herein by this reference. Commencement Date: The Term (as hereinafter defined) of the Agreement shall begin on November 11, 2021. Term: Twenty full consecutive years. Extensions: None. Purchase Options: Owner, for and in consideration of the amounts due and payable by AHCA under the terms of the Agreement, has granted to AHCA an exclusive right of first offer, Early Purchase Option and Purchase Option (as such terms are defined in the Agreement), pursuant to which AHCA has the option to purchase the Property, all as set forth in the Agreement. Superiority: The Agreement shall not be subordinated to any future mortage or deed of trust which encumbers the Property and the rights and interests provided therein shall remain superior to any such rights of any future mortgage holder(s). The purpose of this Memorandum of Agreement is to give record notice of the existence of the Agreement and of the rights created thereby, all of which are hereby confirmed. \\CS - 707243/000600 - 438243 v3 RECEPTION#: 684083, 01/04/2022 at 12:27:16 PM, Pgs 2 of 7, Janice K. Vos Caudill, Pitkin County, CO IN WITNESS WHEREOF, Owner and AHCA have executed this Memorandum of Agreement as of the dates set forth in their respective acknowledgments. OWNER: Osito LLC, a Colorado limited liability company �- Name: Eric Donnelly Its: Manager STATE OF-E6E6RCA50 ) ) ss. COUNTY OF tj�S ) The foregoing instrument was acknowledged before me on C+✓Ri3-` , 2021, by Eric Donnelly, the Manager of Osito LLC, a Colorado limited liabili company, on behalf of such company. v N JULIANA MAJURE NOTARY PUBLIC • i ,�? ID# 130645630 Notary ub c for the State of€elarads' Qom, J �' State of Texas 9A1{ Comm. Exp. 05 06-2024 Commission Expires: AHCA: Aspen Highl d Condominium Association, Inc., a ColorA& rNrofit corporation By: Name4rhc obson Its: STATE OF ss COUNTY OF The foregoing instrument was acknowledged before me on r�cf� , 2021, by Greg Jacobson, the President of Aspen Highlands Condominium Association Inc a Colorado nonprofit corporation, on behalf of such corporation. Notary Public for the State of ' CA Commission Expires:�- 2 \\CS - 707243/000600 - 438243 v3 RECEPTION#: 684083, 01/04/2022 at 12:27:16 PM, Pgs 3 of 7, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT A PROPERTY Residence Interest No. 8 consisting of an undivided 1/12th interest in Residence No. 8404, ASPEN HIGHLANDS CONDOMINIUMS, according to the Declaration of Condominium for Aspen Highlands Condominiums recorded January 11, 2001 as Reception No. 450454, as amended and supplemented from time to time, and according to the Map for ASPEN HIGHLANDS CONDOMINIUMS, recorded January 11, 2001 in Plat Book 56 at Page 24 as Reception No. 450455, as amended and supplemented from time to time, all in the office of the Clerk and Recorder of Pitkin County, Colorado, together with the perpetual use of twenty-eight (28) days per year for each 1/12 interest owned in accordance with the Association Documents and the Membership Program Documents for ASPEN HIGHLANDS CONDOMINIUMS. 2. Residence Interest No. 2 consisting of an undivided 1/12th interest in Residence No. 8408, ASPEN HIGHLANDS CONDOMINIUMS, according to the Declaration of Condominium for Aspen Highlands Condominiums recorded January 11, 2001 as Reception No. 450454, as amended and supplemented from time to time, and according to the Map for ASPEN HIGHLANDS CONDOMINIUMS, recorded January 11, 2001 in Plat Book 56 at Page 24 as Reception No. 450455, as amended and supplemented from time to time, all in the office of the Clerk and Recorder of Pitkin County, Colorado, together with the perpetual use of twenty-eight (28) days per year for each 1/12 interest owned in accordance with the Association Documents and the Membership Program Documents for ASPEN HIGHLANDS CONDOMINIUMS. 3. Residence Interest No. 1 consisting of an undivided 1/12th interest in Residence No. 2406, ASPEN HIGHLANDS CONDOMINIUMS, according to the Declaration of Condominium for Aspen Highlands Condominiums recorded January 11, 2001 as Reception No. 450454, as amended and supplemented from time to time, and according to the Map for ASPEN HIGHLANDS CONDOMINIUMS, recorded January 11, 2001, as Reception No. 450455, as amended and supplemented by instruments recorded July 2, 2001 at Reception No. 456026, October 9, 2001 at Reception No. 459556, June 11, 2002 at Reception No. 468555, August 19, 2002 at Reception No. 471160, October 9, 2002 at Reception No. 473171, January 27, 2005 at Reception No. 512773, and according to the Maps for Aspen highlands Condominiums - Phase I filed January 11, 2001 in Plat Book 56 at Page 24 and Aspen Highlands Condominiums - Phase II filed June 11, 2002 in Plat Book 60 at Page 81, County of Pitkin, State of Colorado, together with the perpetual use of twenty-eight (28) days per year for each 1/12 interest owned in accordance with the Association Documents and the Membership Program Documents for ASPEN HIGHLANDS CONDOMINIUMS. 4. Residence Interest No. 3 consisting of an undivided 1/12th interest in Residence No. 2203, ASPEN HIGHLANDS CONDOMINIUMS, according to the Declaration of Condominium for Aspen Highlands Condominiums recorded January 11, 2001 at Reception No. 450454, and amended and supplemented by instruments recorded July 2, 2001 at Reception No. 456026; October 9, 2001 at Reception No. 459556; June 11, 2002 at Reception No. 468555; August 19, 2002 at Reception No. 471160; October 9, 2002 at Reception No. 473171; January 27, 2005 at Reception No. 506406; July 25, 2005 at Reception No. 512772; and July 25, 2005 at Reception No. 512773, and according to the Maps for Aspen Highlands Condominiums - Phase I filed January 11, 2001 in Plat Book 56 at Page 24 and Aspen Highlands Condominiums - Phase II \\CS - 707243/000600 - 438243 v3 RECEPTION#: 684083, 01/04/2022 at 12:27:16 PM, Pgs 4 of 7, Janice K. Vos Caudill, Pitkin County, CO filed June 11, 2002 in Plat Book 60 at Page 81, County of Pitkin, State of Colorado, together with the perpetual use of twenty-eight (28) days per year for each 1/12 interest owned in accordance with the the Association Documents and the Membership Program Documents for Aspen Highlands Condominiums. 5. Residence Interest No. 8 consisting of an undivided 1/12th interest in Residence No. 8401, ASPEN HIGHLANDS CONDOMINIUMS, according to the Declaration of Condominium for Aspen Highlands Condominiums recorded January 11, 2001 at Reception No. 450454, as amended and supplemented from time to time and according to the Map for Aspen Highlands Condominiums filed January 11, 2001 in Plat Book 56 at Page 24, Reception No. 450455 as amended and supplemented from time to time, all in the office of the Clerk and Recorder of Pitkin County, Colorado, together with the perpetual use of twenty-eight (28) days per year for each 1/12 interest owned in accordance with the the Association Documents and the Membership Program Documents for Aspen Highlands Condominiums. Residence Interest No. 5 consisting of an undivided 1/12th interest in Residence No. 2307, ASPEN HIGHLANDS CONDOMINIUMS, according to the Declaration of Condominium for Aspen Highlands Condominiums recorded January 11, 2001 at Reception No. 450454, as amended and supplemented from time to time and according to the Map for Aspen Highlands Condominiums filed January 11, 2001 in Plat Book 56 at Page 24, Reception No. 450455 as amended and supplemented from time to time, all in the office of the Clerk and Recorder of Pitkin County, Colorado, together with the perpetual use of twenty-eight (28) days per year for each 1/12 interest owned in accordance with the the Association Documents and the Membership Program Documents for Aspen Highlands Condominiums, County of Pitkin, State of Colorado. 7. Residence Interest No. 8 consisting of an undivided 1/12th interest in Residence No. 2407 ASPEN HIGHLANDS CONDOMINIUMS, according to the Declaration of Condominium for Aspen Highlands Condominiums recorded January 11, 2001 at Reception No. 450454, as amended and supplemented from time to time and according to the Map for Aspen Highlands Condominiums filed January 11, 2001 in Plat Book 56 at Page 24, Reception No. 450455 as amended and supplemented from time to time, all in the office of the Clerk and Recorder of Pitkin County, Colorado, together with the perpetual use of twenty-eight (28) days per year for each 1/12 interest owned in accordance with the the Association Documents and the Membership Program Documents for Aspen Highlands Condominiums, County of Pitkin, State of Colorado. 8. Residence Interest No. 12 consisting of an undivided 1/12th interest in Residence No. 2204, ASPEN HIGHLANDS CONDOMINIUMS, according to the Declaration of Condominium for Aspen Highlands Condominiums recorded January 11, 2001 at Reception No. 450454, as amended and supplemented from time to time and according to the Map for Aspen Highlands Condominiums filed January 11, 2001 in Plat Book 56 at Page 24, Reception No. 450455 as amended and supplemented from time to time, all in the office of the Clerk and Recorder of Pitkin County, Colorado, together with the perpetual use of twenty-eight (28) days per year for each 1/12 interest owned in accordance with the Association Documents and the Membership Program Documents for Aspen Highlands Condominiums, County of Pitkin, State of Colorado. 9. Residence Interest No. 6 consisting of an undivided 1/12th interest in Residence No. 8304, ASPEN HIGHLANDS CONDOMINIUMS, according to the Declaration of Condominium for Aspen Highlands Condominiums recorded January 11, 2001 at Reception No. 450454, and amended and supplemented by instruments recorded July 2, 2001 at Reception No. 456026; 4 \\CS - 707243/000600 - 438243 v3 RECEPTION#: 684083, 01/04/2022 at 12:27:16 PM, Pgs 5 of 7, Janice K. Vos Caudill, Pitkin County, CO October 9, 2001 at Reception No. 459556; June 11, 2002 at Reception No. 468555; August 19, 2002 at Reception No. 471160; October 9, 2002 at Reception No. 473171; January 27, 2005 at Reception No. 506406; July 25, 2005 at Reception No. 512772; and July 25, 2005 at Reception No. 512773, and according to the Maps for Aspen Highlands Condominiums - Phase I filed January 11, 2001 in Plat Book 56 at Page 24 and Aspen Highlands Condominiums - Phase II filed June 11, 2002 in Plat Book 60 at Page 81, County of Pitkin, State of Colorado. 10. Residence Interest No. 12 consisting of an undivided 1/12th interest in Residence No. 2406, ASPEN HIGHLANDS CONDOMINIUMS, according to the Declaration of Condominium for Aspen Highlands Condominiums recorded January 11, 2001 at Reception No. 450454, and amended and supplemented by instruments recorded July 2, 2001 at Reception No. 456026; October 9, 2001 at Reception No. 459556; June 11, 2002 at Reception No. 468555; August 19, 2002 at Reception No. 471160; October 9, 2002 at Reception No. 473171; January 27, 2005 at Reception No. 506406; July 25, 2005 at Reception No. 512772; and July 25, 2005 at Reception No. 512773, and according to the Maps for Aspen Highlands Condominiums - Phase I filed January 11, 2001 in Plat Book 56 at Page 24 and Aspen Highlands Condominiums - Phase II filed June 11, 2002 in Plat Book 60 at Page 81, County of Pitkin, State of Colorado, together with the perpetual use of twenty-eight (28) days per year for each 1/12 interest owned in accordance with the the Association Documents and the Membership Program Documents for Aspen Highlands Condominiums. 11. Residence Interest No. 5 consisting of an undivided 1/12th interest in Residence No. 8409, ASPEN HIGHLANDS CONDOMINIUMS, according to the Declaration of Condominium for Aspen Highlands Condominiums recorded January 11, 2001 at Reception No. 450454, as amended and supplemented from time to time and according to the Map for Aspen Highlands Condominiums filed January 11, 2001 in Plat Book 56 at Page 24, Reception No. 450455 as amended and supplemented from time to time, all in the office of the Clerk and Recorder of Pitkin County, Colorado 12. Residence Interest No. 7 consisting of an undivided 1/12th interest in Residence No. 8403, ASPEN HIGHLANDS CONDOMINIUMS, according to the Declaration of Condominium for Aspen Highlands Condominiums recorded January 11, 2001 as Reception No. 450454, as amended and supplemented from time to time, and according to the Map for ASPEN HIGHLANDS CONDOMINIUMS, recorded January 11, 2001 in Plat Book 56 at Page 24 as Reception No. 450455, as amended and supplemented from time to time, all in the office of the Clerk and Recorder of Pitkin County, Colorado, together with the perpetual use of twenty-eight (28) days per year for each 1/12 interest owned in accordance with the Association Documents and the Membership Program Documents for ASPEN HIGHLANDS CONDOMINIUMS. 13. Residence Interest No. 9 consisting of an undivided 1/12th interest in Residence No. 8306, ASPEN HIGHLANDS CONDOMINIUMS, according to the Declaration of Condominium for Aspen Highlands Condominiums recorded January 11, 2001 at Reception No. 450454, as amended and supplemented from time to time and according to the Map for Aspen Highlands Condominiums filed January 11, 2001 in Plat Book 56 at Page 24, Reception No. 450455 as amended and supplemented from time to time, all in the office of the Clerk and Recorder of Pitkin County, Colorado, together with the perpetual use of twenty-eight (28) days per year for each 1/12 interest owned in accordance with the the Association Documents and the Membership Program Documents for Aspen Highlands Condominiums, County of Pitkin, State of Colorado. \\CS - 707243/000600 - 438243 v3 RECEPTION#: 684083, 01/04/2022 at 12:27:16 PM, Pgs 6 of 7, Janice K. Vos Caudill, Pitkin County, CO 14. Residence Interest No. 5 consisting of an undivided 1/12th interest in Residence No. 2301, ASPEN HIGHLANDS CONDOMINIUMS, according to the Declaration of Condominium for Aspen Highlands Condominiums recorded January 11, 2001 at Reception No. 450454, and amended and supplemented by instruments recorded July 2, 2001 at Reception No. 456026; October 9, 2001 at Reception No. 459556; June 11, 2002 at Reception No. 468555; August 19, 2002 at Reception No. 471160; October 9, 2002 at Reception No. 473171; January 27, 2005 at Reception No. 506406; July 25, 2005 at Reception No. 512772; and July 25, 2005 at Reception No. 512773, and according to the Maps for Aspen Highlands Condominiums - Phase I filed January 11, 2001 in Plat Book 56 at Page 24 and Aspen Highlands Condominiums - Phase II filed June 11, 2002 in Plat Book 60 at Page 81, County of Pitkin, State of Colorado. 15. Residence Interest No. 2 consisting of an undivided 1/12th interest in Residence No. 8210, ASPEN HIGHLANDS CONDOMINIUMS, according to the Declaration of Condominium for Aspen Highlands Condominiums recorded January 11, 2001 at Reception No. 450454, and amended and supplemented by instruments recorded July 2, 2001 at Reception No. 456026; October 9, 2001 at Reception No. 459556; June 11, 2002 at Reception No. 468555; August 19, 2002 at Reception No. 471160; October 9, 2002 at Reception No. 473171; January 27, 2005 at Reception No. 506406; July 25, 2005 at Reception No. 512772; and July 25, 2005 at Reception No. 512773, and according to the Maps for Aspen Highlands Condominiums - Phase I filed January 11, 2001 in Plat Book 56 at Page 24 and Aspen Highlands Condominiums - Phase II filed June 11, 2002 in Plat Book 60 at Page 81, County of Pitkin, State of Colorado. 16. Residence Interest No. 17 consisting of an undivided 1/12th interest in Residence No. 8402, ASPEN HIGHLANDS CONDOMINIUMS, according to the Declaration of Condominium for Aspen Highlands Condominiums recorded January 11, 2001 at Reception No. 450454, and amended and supplemented by instruments recorded July 2, 2001 at Reception No. 456026; October 9, 2001 at Reception No. 459556; June 11, 2002 at Reception No. 468555; August 19, 2002 at Reception No. 471160; October 9, 2002 at Reception No. 473171; January 27, 2005 at Reception No. 506406; July 25, 2005 at Reception No. 512772; and July 25, 2005 at Reception No. 512773, and according to the Maps for Aspen Highlands Condominiums - Phase I filed January 11, 2001 in Plat Book 56 at Page 24 and Aspen Highlands Condominiums - Phase II filed June 11, 2002 in Plat Book 60 at Page 81, County of Pitkin, State of Colorado. 17. Parcel A: Residence Interest No. 2 consisting of an undivided 1/12th interest in Residence No. 2203, ASPEN HIGHLANDS CONDOMINIUMS, according to the Declaration of Condominium for Aspen Highlands Condominiums recorded January 11, 2001 at Reception No. 450454, and amended and supplemented by instruments recorded July 2, 2001 at Reception No. 456026; October 9, 2001 at Reception No. 459556; June 11, 2002 at Reception No. 468555; August 19, 2002 at Reception No. 471160; October 9, 2002 at Reception No. 473171; January 27, 2005 at Reception No. 506406; July 25, 2005 at Reception No. 512772; and July 25, 2005 at Reception No. 512773, and according to the Maps for Aspen Highlands Condominiums - Phase I filed January 11, 2001 in Plat Book 56 at Page 24 and Aspen Highlands Condominiums - Phase II filed June 11, 2002 in Plat Book 60 at Page 81, County of Pitkin, State of Colorado, together with the perpetual use of twenty-eight (28) days per year for each 1/12 interest owned in accordance with the Association Documents and the Membership Program Documents for Aspen Highlands Condominiums, County of Pitkin, State of Colorado. and \\CS - 707243/000600 - 438243 v3 RECEPTION#: 684083, 01/04/2022 at 12:27:16 PM, Pgs 7 of 7, Janice K. Vos Caudill, Pitkin County, CO Parcel B: Residence Interest No. 8 consisting of an undivided 1/12th interest in Residence No. 2409, ASPEN HIGHLANDS CONDOMINIUMS, according to the Declaration of Condominium for Aspen Highlands Condominiums recorded January 11, 2001 at Reception No. 450454, and amended and supplemented by instruments recorded July 2, 2001 at Reception No. 456026; October 9, 2001 at Reception No. 459556; June 11, 2002 at Reception No. 468555; August 19, 2002 at Reception No. 471160; October 9, 2002 at Reception No. 473171; January 27, 2005 at Reception No. 506406; July 25, 2005 at Reception No. 512772; and July 25, 2005 at Reception No. 512773, and according to the Maps for Aspen Highlands Condominiums - Phase I filed January 11, 2001 in Plat Book 56 at Page 24 and Aspen Highlands Condominiums - Phase II filed June 11, 2002 in Plat Book 60 at Page 81, County of Pitkin, State of Colorado, together with the perpetual use of twenty-eight (28) days per year for each 1/12 interest owned in accordance with the Association Documents and the Membership Program Documents for Aspen Highlands Condominiums, County of Pitkin, State of Colorado. 18. Residence Interest No. 4 consisting of an undivided 1/12th interest in Residence No. 8306, ASPEN HIGHLANDS CONDOMINIUMS, according to the Declaration of Condominium for Aspen Highlands Condominiums recorded January 11, 2001 at Reception No. 450454, as amended and supplemented from time to time and according to the Map for Aspen Highlands Condominiums filed January 11, 2001 in Plat Book 56 at Page 24, Reception No. 450455 as amended and supplemented from time to time, all in the office of the Clerk and Recorder of Pitkin County, Colorado, together with the perpetual use of twenty-eight (28) days per year for each 1/12 interest owned in accordance with the Association Documents and the Membership Program Documents for Aspen Highlands Condominiums, County of Pitkin, State of Colorado. 19. Residence Interest No. 34, 35, 36 plus 1 floating week consisting of an undivided 1/12th interest in Residence No. 2303, ASPEN HIGHLANDS CONDOMINIUMS, according to the Declaration of Condominium for Aspen Highlands Condominiums recorded January 11, 2001 at Reception No. 450454, and amended and supplemented by instruments recorded July 2, 2001 at Reception No. 456026; October 9, 2001 at Reception No. 459556; June 11, 2002 at Reception No. 468555; August 19, 2002 at Reception No. 471160; October 9, 2002 at Reception No. 473171; January 27, 2005 at Reception No. 506406; July 25, 2005 at Reception No. 512772; and July 25, 2005 at Reception No. 512773, and according to the Maps for Aspen Highlands Condominiums - Phase I filed January 11, 2001 in Plat Book 56 at Page 24 and Aspen Highlands Condominiums - Phase II filed June 11, 2002 in Plat Book 60 at Page 81. \\CS - 7072431000600 - 438243 v3 Safe 8618 Westwood Center Drive, Suite 315, Vienna, VA 22182 703.276.1 100.703.276.1 169 fax info@sitesafe.com • www.sitesafe.com AO ueiT Company T-Mobile Site ID - DNO1587A Assessment Purpose - Mod (Anchor) Site Name - Aspen Highlands Site Compliance Report 197 Prospector Rd Aspen, CO 81611 Latitude: N39-10-54.89 Longitude: W106-51-16.72 Structure Type: Rooftop Report generated date: November 12, 2021 Report by: Scott Broyles Customer Contact: Mike Morgan T-Mobile's proposed modifications are compliant with FCC rules and regulations. © 2021 Site Safe, LLC, Vienna, VA sealed 12nov2021 mike@h2dc.com H21DC PLLC CO CoA#: 2020156890 � 4,eSafe T-Mobile Aspen Highlands Radio Frequency (RF) Site Compliance Report 197 Prospector Rd, Aspen, CO 81611 8618 Westwood Center Drive • Suite 315 • Vienna, VA 22182 703.276.1100 • intoC)sitesafe.com L.� Safe Table of Contents 1 EXECUTIVE SUMMARY......................................................................................3 1.1 GENERAL.....................................................................................................3 1.2 SITE CLASSIFICATION & FCC MPE LIMITS.........................................................3 1.3 SITE COMPLIANCE STATEMENT.........................................................................3 2 TECHNICAL FRAMEWORK................................................................................4 2.1 FCC RULES AND REGULATIONS.......................................................................4 3 GENERAL SAFETY RECOMMENDATIONS.........................................................6 4 T-MOBILE ANTENNA INVENTORY.....................................................................8 5 SITE MEASUREMENTS......................................................................................10 6 RF EXPOSURE & MITIGATION DIAGRAMS.....................................................11 7 SUMMARY.......................................................................................................13 8 ENGINEER CERTIFICATION.............................................................................14 APPENDIX A - DEFINITIONS.................................................................................... is APPENDIX B -STATEMENT OF LIMITING CONDITIONS..........................................17 APPENDIX C - RF EXPOSURE DIAGRAM COLOR CODING...................................18 8618 Westwood Center Drive • Suite 315 • Vienna, VA 22182 703.276.1100 • Info@sitesafe.com r� 9) °� ivf eSafe 1 Executive Summary 1.1 General Upon evaluation of the cumulative RF exposure levels from all operators at this site, T-Mobile has contracted with Site Safe, LLC (Sitesafe), an independent Radio Frequency (RF) regulatory and engineering consulting firm, to determine whether the communications site, DN01587A -Aspen Highlands, located at 197 Prospector Rd, Aspen, CO, is in compliance with Federal Communications Commission (FCC) rules and regulations for RF exposure. This report contains a detailed summary of the RF environment at the site including: • Site compliance determination • Diagram of the site • Inventory of the make / model of all antennas • Record of any Maximum Permissible Exposure ("MPE") measurements taken on the site, as applicable • Theoretical MPE based on predictive modeling 1.2 Site Classification & FCC MPE Limits This report addresses exposure to radio frequency electromagnetic fields in accordance with FCC rules and regulations for all individuals, classified in two groups —Occupational (Controlled) and General Public (Uncontrolled). The FCC defines two sets of MPE limits for these groups. Occupational limits apply in situations in which persons are exposed as a consequence of their employment and where those persons have undergone proper RF awareness training, have been made fully aware of the potential for exposure, and can exercise control over their exposure. General Public limits, conversely, apply to accessible areas where workers or the general public may be exposed and have not undergone RF awareness training, may not be aware of the potential for exposure, and may not be able to exercise control over their exposure. For the frequency bands the commercial wireless carriers operate in, the General Public MPE limits are five times more conservative than the Occupational MPE limits. That is, there is a much stricter standard of compliance in areas that are accessible by the general public. 1.3 Site Compliance Statement Upon evaluation of the cumulative RF exposure levels from all operators at this site, Sitesafe has determined that: T-Mobile's proposed modifications are compliant with FCC rules and regulations, as described in OET Bulletin 65. Note: If any work needs to be done on the rooftop, T-Mobile should work with the landlord to ensure the T-Mobile antennas are powered down before any work commences. This document and the conclusions herein are based on the information provided by T-Mobile. If you have any questions regarding RF safety and regulatory compliance, please do not hesitate to contact Sitesafe's Customer Support Department of (703) 276-1100. 8618 Westwood Center Drive • Sulte 315 • Vienna, VA 22182 703.276.1100 • info@ssitesafe.com Page 3 S' Tuesafe 2 Technical Framework 2.1 FCC Rules and Regulations In 1996, the FCC adopted regulations for evaluating the effects of RF emissions in 47 CFR § 1.1307(b) and 1.1310. The guideline from the FCC Office of Engineering and Technology is Bulletin 65 (OET Bulletin 65), Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields, Edition 97-01, published August 1997. Since 1996, the FCC periodically reviews these rules and regulations as per its congressional mandate. FCC regulations designate two separate tiers of exposure limits: Occupational (Controlled) and General Public (Uncontrolled). The FCC defines two sets of MPE limits for these groups. Occupational limits apply in situations in which persons are exposed as a consequence of their employment and where those persons have undergone proper RF awareness training, have been made fully aware of the potential for exposure, and can exercise control over their exposure. General Public limits, conversely, apply to accessible areas where workers or the general public may be exposed and have not undergone RF awareness training, may not be aware of the potential for exposure, and may not be able to exercise control over their exposure. Areas are considered controlled when the environment is restricted or "controlled" in order to prevent access from members of the general public or untrained workers. Conversely, areas are considered uncontrolled when access is unrestricted or "uncontrolled" which allows access from members of the general public or untrained workers. A controlled environment can be evaluated with Occupational MPE limits whereas uncontrolled environments should always be evaluated with General Public MPE limits. The MPE limits utilized in this analysis are outlined in the following diagram and table: FCC Limits for Maximum Permissible Exposure (MPE) Plane -wave Equivalent Power Density 1000 —Occupational - General Public rE 100 3 E 10 D N c 0 1 `v 0.01 0 1 10 100 1,000 10,000 Frequency (MHz) 8618 Westwood Center Drive a Suite 315 a Vienna, VA 22182 703.276.1100 • info@sitesafe.com Page 4 _--Safe Limits for Occupational/Controlled Exposure (MPE) Frequency Electric Magnetic Power Averaging Time IE1r, Range Field Field Density(S) I H I' or 5(minutes) (MHz) Strength (E) Strength (mW/cmr) (V/m) (H) (A/m) 0.3-3.0 614 1.63 (100)* 6 3.0-30 1842/f 4.89/f (900/fz)* 6 30-300 61.4 0.163 1.0 6 300-1500 -- -- f/300 6 1500- -- -- 5 6 100,000 Limits for General Population/Uncontrolled Exposure (MPE) Frequency Electric Magnetic Power Averaging Time IE12, Range Field Field Density(5) I H 12 or S(minutes) (MHz) Strength(E) Strength (mW/cmr) 0.3-1.34 614 1.63 (100)* 30 1.34-30 824/f 2.19/f (180/f2)* 30 30-300 27.5 0.073 0.2 30 300-1500 -- -- f/1500 30 1500- -- -- 1.0 30 100,000 f = frequency in MHz *Plane -wave equivalent power density 8618 Westwood Center Ddve • Suite 315 • Vienna, VA 22182 703.276.1100 * Info@s8esafe.com Page 5 =,;Safe 3 General Safety Recommendations The following are general recommendations appropriate for any site with accessible areas in excess of 100% General Public MPE. These recommendations are not specific to this site. These are safety recommendations appropriate for typical site management, building management, and other tenant operations. 1) All individuals needing access to the main site or the area(s) indicated to be in excess of General Public MPE should wear a Personal Protective Monitor (PPM), successfully complete proper RF Safety Awareness training, and have and be trained in the use of appropriate personal protective equipment. Awareness training increases a worker's understanding of potential RF exposure scenarios. Awareness can be achieved in a number of ways (e.g. videos, formal classroom lecture or internet-based courses). Sitesafe strongly recommends the use of a PPM. Wearing a PPM will properly forewarn the individual prior to entering an RF exposure area that may approach or exceed the exposure limits. 2) Any maintenance personnel required to work immediately in front of antennas and/or in areas indicated as above 100% of the Occupational MPE limits should coordinate with the wireless operators to disable transmitters during their work activities. 3) Access restrictions to transmitting antenna locations is the primary element in a site safety plan. Examples of access restrictions are as follows: • Locked door or gate • Alarmed door • Locked ladder access • Restrictive barrier at antenna(s) (e.g. chainlink with posted RF signage) 4) All individuals needing access to the main site should be instructed to obey all posted signs at all times. RF signage plays an important role in properly warning a worker prior to entering into a potential RF exposure area. 5) Individuals should always assume all antennas are active. Due to the nature of telecommunications transmissions, an antenna transmits intermittently. Always assume an antenna is transmitting and never stop in front of an antenna. If someone must pass by an antenna, they should move through in a transient manner as quickly and safely as possible, thereby reducing any exposure to a minimum. 6) The site should be routinely inspected and this or a similar report updated with any changes to the RF environment including: • addition of new antennas that have been located at the site • removal of existing antennas that are no longer present at the site • addition of new frequency bands on any antenna systems • changes in the radiating power and/or number of RF emitters 8618 Westwood Center Drive • Suite 315 • Vienna, VA 22182 703.276.1100 • Info@ssNesafe.com Page 6 it it-eSafe 7) Post the appropriate NOTICE, CAUTION, or WARNING signage at the main site access point(s) and other locations as required. Note: please refer to the mitigation diagrams) in Section 5 of this report for the locations of existing/ proposed RF signage and barriers and inform everyone who has access to this site that beyond posted signs there may be levels in excess of the limits prescribed by the FCC. 8) It is the responsibility of all licensees comprising the site to maintain ongoing compliance with FCC rules and regulations. Individual licensees that contribute less than 5% MPE to any area out of compliance are not responsible for corrective actions in those areas. 9) Keep a copy of this report available for all persons who must access the site. They should read this report and be aware of the potential hazards with regards to RF and MPE limits. Additional RF information is available at the following sites: httips://www.fcc.gov/qeneral/radio-frequency-safety-O httos://www.fcc.gov/engineering-technoloav/electromagnetic-compatibility- division/radio-frequency-safety/fag/rf-safety OSHA has additional information available at: httr)s://www.osha.gov/SLTC/radiofrequencyrodiation/index.litml 8618 Westwood Center Drive • Suite 315 • Vienna, VA 22182 703.276.1100 • info@sitesate.com Page 7 ,e =_:Safe 4 T-Mobile Antenna Inventory The Antenna Inventory below displays all transmitting antennas at the site. This inventory was provided by the customer and was utilized by Sitesafe to perform theoretical modeling of RF exposure. The inventory coincides with the site diagrams) in this report, identifying each antenna's location. The antenna information collected includes the following information: • Sector • Technology • Antenna manufacturer make & model • Azimuth • Antenna Height For other carriers at this site, the use of "Generic" as an antenna model, or "Unknown" for an operator means the information with regard to the carrier, their FCC license and/or antenna information was not readily available. Equipment, antenna models and nominal transmit power were used for modeling, based on past experience with radio service providers. 8618 Westwood Center Drive . Suite 315 • Vienna, VA 22182 703.276.1100 • into@s@esafe.com Page 8 =- _.Safe .o The following antenna inventory was provided by the customer and was utilized to create the site model diagrams: Sector Antenna Number Technology Antenna Make and Model Azimuth (Degrees) Cenlerline Height Above Main/Reference Level (R) Alpha 1 UMTS Nokia FASB 40 6 Alpha 1 LTE Nokia FASB 40 6 Alpha 1 LTE/AWSI Nokia FASB 40 6 Alpha I LTE/AWS3 Nokia FASB 40 6 Alpha 2 LTE Commscope FFHH-65C-R3 40 6 Alpha 2 5G Commscope FFHH-65C-R3 40 6 Alpha 2 LTE Commscope FFHH-65C-R3 40 6 Beta 3 5G Commscope FFHH-65C-R3 165 6 Beta 3 LTE Commscope FFHH-65C-R3 165 6 Beta 3 LTE Commscope FFHH-65C-R3 165 6 Beta 4 LTE/AWSI Nokia FASB 165 6 Beta 4 LTE/AWS3 Nokia FASB 165 6 Beta 4 UMTS Nokia FASB 165 6 Beta 4 LTE Nokia FASB 165 6 Gamma 5 LTE/AWSI Nokia FASB 240 6 Gamma 5 LTE/AWS3 Nokia FASB 240 6 Gamma 5 UMTS Nokia FASB 240 6 Gamma 5 LTE Nokia FASB 240 6 Gamma 6 SG Commscope FFHH-65C-R3 240 6 Gamma 6 LTE Commscope FFHH-65C-R3 240 6 Gamma 6 LTE Commscope FFHH-65C-R3 240 6 Note: The centerline height indicates antenna height above the main/reference site level unless otherwise indicated. Note: Each row with the some number in the Ant Number column references the same physical antenna as an antenna may operate in multiple frequency bands. 8618 Westwood Center Drive . Suite 315 -Vienna, VA 22182 703.276.1100 • info@sitesafe.com Page 9 •��, JQu,i1F.r .ry. r,l 5 Site Measurements This section provides a summary of the measurements collected at the site. Two types of measurements were collected at each measurement location: maximum (peak) and spatial average. The spatial average measurement consists of a collection of measurements within a ten (10) second time interval taken from zero (0) to six (6) feet in height. The purpose of this measurement technique is to identify the average power density over the dimensions of a typical human body. See the diagram(s) in Section 6 for the location of each measurement. The measurement points on the diagrams (M1, M2, etc.) correspond with the table below. Highest Measured Occupational Level: <1% This value is equal to: Highest General Public Level: <5% Spatial Average and Maximum Occupational Measurements Measurement Point Spatial Average Maximum Measurement Point Spatial Average Maximum Ml <1 % <1 % M14 <1 % <1 % M2 <1 % <1 % M15 <1 % <1 % M3 <1 % <1 % M16 <1 % <1 % M4 <1 % <1 % MU <1 % <1 % M5 <1 % <1 % M18 <1 % <1 % M6 <1 % <1 % M19 <1 % <1 % M7 <1 % <1 % M20 <1 % <1 % M8 <1 % <1 % M21 <1 % <l % M9 <1 % <1 % M22 <1 % <t % M10 <1 % <1 % M23 <1 % <t % Mil <1 % <1 % M24 <1 % <1 % M12 <1 % <1 % M25 <1 % <1 % M13 <1 % <1 % RF meters and probes have been calibrated and used according to the manufacturer's specifications. Measurements provide a view of the MPE percentage levels at the site at the time of Sitesafe's site visit and are used to validate modeling results. Theoretical modeling is used for determining compliance and the percentage of MPE contributions. 8618 Westwood Center Drive • Suite 315 • Vienna, VA 22182 703.276.1100 • Info@s8esafe.com Page 10 ==Safe 6 RF Exposure & Mitigation Diagrams The following diagrams display the predictive RF exposure at the facility as well as the existing and/or proposed mitigation required for site compliance. Measurement locations are also displayed. See Appendix C for further explanation of the colors shown on the RF exposure diagram. 8618 Westwood Center Drive • Suite 315 • Vienna, VA 22182 703.276.1100 • info@sitesate.com Page 11 (Feet) 0 24 48 10/712 213:0mm IOn/30313:0):I) PM RF Exposure Simulation & Measurement Map For; Aspen Highlands Composite View x nr iec1 b1l .,—.. 0-5 5-100 100-500 500-5000 5000+- O.Tar I— -LI Q-11-MTTEUr (Dr-wne (—) .1 Qiwmwxummu e.exw o.,n.� rropeue ..mew G.rrbr/SI{n YnNrl51{n � ee--i, Ileex M4 M5 M6 M21 M14 5ltesafe OET-B MM41 N..r FWd 8.und.ry: 1.5-A"n.,. P.f dl.tl Factor:I Spatially Avenged s _ Safe 7 Summary The T-Mobile facility was evaluated for compliance with FCC rules and regulations using the data provided to Sitesafe. For areas that may exceed the MPE limits for which RF signage/barriers are required for site compliance, the recommended mitigation is shown in the diagram(s) in Section 6. T-Mobile's proposed modifications are compliant with FCC rules and regulations, as described in OET Bulletin 65. To reduce the risk of exposure and/or injury, Sitesafe recommends that access to the rooftop or areas associated with the T-Mobile antenna installation be restricted to authorized personnel who have undergone proper RF awareness safety training. Additionally, all signs and barriers should be obeyed at all times and any work that must be performed in close proximity to the T-Mobile antennas should be coordinated in advance with T-Mobile to ensure safe working conditions. Workers can call the T-Mobile NOC Number at 1-888-662-4662 for guidance. 8618 Westwood Center Drive • Suite 315 • Vienna, VA 22182 703.276.1100 • Info@s8esafe.com Page 13 L=�=—Safe 8 Engineer Certification The professional engineer whose seal appears on the cover of this document hereby certifies and affirms: That I am registered as a Professional Engineer in the jurisdiction indicated in the professional engineering stamp on the cover of this document; and That I, Michael A McGuire, am currently and actively licensed to provide (in this state/jurisdiction as indicated within the professional electrical engineering seal on the cover of this document) professional electrical engineering services, as an employee of Hurricane Hill Development Company, PLLC, a duly authorized/registered engineering firm (in this state, as applicable) on behalf of Site Safe, LLC; and That I am thoroughly familiar with the Rules and Regulations of the Federal Communications Commission (FCC) as well as the regulations of the Occupational Safety and Health Administration (OSHA), both in general and specifically as they apply to the FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields; and That I have thoroughly reviewed this Site Compliance Report and believe it to be true and accurate to the best of my knowledge as assembled by and attested to by Scott Broyles. November 12, 2021 8618 Westwood Center Drive • Suite 315 • Vienna, VA 22182 703.276.1100. info@sitesafe.com Page 14 `Situesafe Appendix A - Definitions 5% Rule - The rules adopted by the FCC specify that, in general, at multiple transmitter sites actions necessary to bring the area into compliance with the guidelines are the shared responsibility of all licensees whose transmitters produce field strengths or power density levels at the area in question in excess of 5% of the exposure limits. In other words, any wireless operator that contributes 5% or greater of the MPE limits in an area that is identified to be greater than 100% of the MPE limits is responsible for taking corrective actions to bring the site into compliance. Compliance - The determination of whether a site complies with FCC standards with regards to Human Exposure to Radio Frequency Electromagnetic Fields from transmitting antennas. Decibel (dB) - A unit for measuring power or strength of a signal. Duty Cycle - The percent of pulse duration to the pulse period of a periodic pulse train. Also, may be a measure of the temporal transmission characteristic of an intermittently transmitting RF source such as a paging antenna by dividing average transmission duration by the average period for transmission. A duty cycle of 100% corresponds to continuous operation. Effective (or Equivalent) Isotropic Radiated Power (EIRP) - The product of the power supplied to the antenna and the antenna gain in a given direction relative to an isotropic antenna. Effective Radiated Power (ERP) - The product of the power supplied to the antenna and the antenna gain in a given direction relative to a half -wave dipole antenna. Gain (of an antenna) -The ratio, usually expressed in decibels, of the power required at the input of a loss -free reference antenna to the power supplied to the input of the given antenna to produce, in a given direction, the same field strength or the same power density at the same distance. When not specified otherwise, the gain refers to the direction of maximum radiation. Gain may be considered for a specified polarization. Gain may be referenced to an isotropic antenna (dBi) or a half -wave dipole (dBd) antenna. General Public/Uncontrolled Environment - Defined by the FCC as an area where RF exposure may occur to persons who are unaware of the potential for exposure and who have no control over their exposure. General Public is also referenced as General Population. Generic Antenna - For the purposes of this report, the use of "Generic" as an antenna model means the antenna information was not provided and could not be obtained while on site. In the event of unknown information, Sitesafe will use its industry specific knowledge of antenna models to select a worst -case scenario antenna to model the site. Isotropic Antenna - An antenna that is completely non -directional. In other words, an antenna that radiates energy equally in all directions. 8618 Westwood Center Drive • Suite 315 • Vienna, VA 22182 703.276.1100 • infods8esafe.com Page 15 !SiLesafe 41 )v W C, , Maximum Permissible Exposure (MPE) -The rms and peak electric and magnetic field strength, their squares, or the plane -wave equivalent power densities associated with these fields to which a person may be exposed without harmful effect and with acceptable safety factor. Occupational/Controlled Environment - Defined by the FCC as an area where RF exposure may occur to persons who are aware of the potential for exposure as a condition of employment or specific activity and can exercise control over their exposure. OET Bulletin 65 -Technical guideline developed by the FCC's Office of Engineering and Technology to determine the impact of RF exposure on humans. The guideline was published in August 1997. OSHA (Occupational Safety and Health Administration) - Under the Occupational Safety and Health Act of 1970, employers are responsible for providing a safe and healthy workplace for their employees. OSHA's role is to promote the safety and health of America's working men and women by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health. For more information, visit www.osha.gov. Radio Frequency Exposure or Electromagnetic Fields - Electromagnetic waves that are propagated from antennas through space. Spatial Average Measurement - A technique used to average a minimum of ten (10) measurements taken in a ten (10) second interval from zero (0) to six (6) feet. This measurement is intended to model the average energy a 6-foot tall human body will absorb while present in an electromagnetic field of energy. Transmitter Power Output (TPO) - The RF output power of a transmitter's final RF stage as measured at the output terminal while connected to a load. 8618 Westwood Center Drive • Suite 315 • Vienna, VA 22182 703.276.1100 • intoCsitesafe.com Page 16 ^g Safe Appendix B — Statement of Limiting Conditions Sitesafe will not be responsible for matters of a legal nature that affect the site or property. Due to the complexity of some wireless sites, Sitesafe performed an analysis and created this report utilizing best industry practices and due diligence. Sitesafe cannot be held accountable or responsible for anomalies or discrepancies due to actual site conditions (e.g. mislabeling of antennas or equipment, inaccessible cable runs, inaccessible antennas or equipment, etc.) or information or data supplied by T- Mobile, the site manager, or their affiliates, subcontractors or assigns. Sitesafe may note in the Site Compliance Report any adverse physical conditions, such as needed repairs, observed during the survey of the subject property or that Sitesafe became aware of during the normal research involved in performing this survey. Sitesafe will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because Sitesafe does not provide expertise in the field of mechanical engineering or building maintenance, the Site Compliance Report must not be considered a structural or physical engineering report. Sitesafe obtained information used in this Site Compliance Report from sources that Sitesafe considers reliable and believes them to be true and correct. Sitesafe does not assume any responsibility for the accuracy of such items that were furnished by other parties. When conflicts in information occur between data provided by a second party and physical data collected by Sitesafe, the physical data will be used. 8618 Westwood Center Drive • Suite 315 . Vienna, VA 22182 703.276.1100 • info@ssResafe.com Page 17 /_-.eSafe Appendix C - RF Exposure Diagram Color Coding The five color levels identified in this analysis can be interpreted in the following manner: • represents areas predicted to be at 5%or less of the General Public MPE limits. The general public and trained workers can access these areas with no restrictions. • represents areas predicted to be between 5% and 100% of the General Public MPE limits. The general public and workers can access these areas with no restrictions. • Blue represents areas predicted to be between 100% and 500% of the General Public MPE limits. The general public should be restricted from accessing these areas. Workers can access these areas assuming they have basic understanding of EME awareness and RF safety procedures and understand how to limit their exposure. represents areas predicted to be between 500% and 5000% of the General Public MPE limits. The General Public should be restricted from accessing these areas. Workers can access these areas assuming they have basic understanding of EME awareness and RF safety procedures and understand how to limit their exposure. Transmitter power reduction and/or time -averaging may be required. represents areas predicted to be greater than 5000% of the General Public MPE limits. The General Public should be restricted from accessing these areas. These areas are not safe for workers to be in for prolonged periods of time. Special procedures must be adhered to, such as lockout/tagout or transmitter power reduction, to minimize worker exposure to EME. Keep a copy of this report available for all persons who must access the site. They should read this report and be aware of the potential hazards with regards to RF and MPE limits. 8618 Westwood Center Drive • Suite 315 • Vienna, VA 22182 703.276.1100 • lnfo@ssitesafe.com Page 18 COMMUNITY DEVELOPMENT DEPARTMENT ZONING COMPLIANCE VERIFICATION POLICY CITY OF ASPEN 130 S. GALENA ST | ASPEN, CO 81611 Applicability: All development projects must comply with the City’s zoning regulations, including height and location, and are subject to periodic inspection during construction and a final inspection prior to project completion. When required by the City’s Zoning Officer, certain development projects within the City of Aspen shall verify height and/or location compliance through submission of a survey report. Unless otherwise exempted, all commercial, multi-family, lodging, and mixed-use projects proposed within one foot of the maximum permissible height or within one foot of allowable setbacks shall verify zoning compliance through this method. In addition, the Zoning Officer may require this method be used to verify zoning compliance for single-family/ duplex development or other projects where compliance may be in question. Independent of this policy, all projects must comply with all applicable zoning limitations. The Zoning Officer will inform the applicant during building permit review if verification will be required. However, circumstances may require zoning compliance verification of a project which is already underway. Timing: Height verification should be accomplished at a point of construction when enough roof structure is in place to accurately measure the structure yet early enough in the process to still make changes if the structure is too tall. Location verification should be accomplished at a point of construction when the final exterior of the structure can be accurately measured in relation to setback requirements. Applicants are encouraged to confer with the Zoning Officer regarding the timing of zoning compliance verification. Applicants are encouraged to perform their own verification during construction to ensure the building is progressing to plan, including the height and location of foundation forms prior to concrete pours. Survey Report: A Colorado Professional Land Surveyor shall describe and depict the height and location of a structure compared to the dimensions shown on the zoning sheets of the approved building permit plan set. The City’s Zoning Officer can assist in determining which elements of the structure should be measured and if natural or finished grade should be used. The report shall include the following information: 1-A brief cover letter with the building permit number, name of the project, name of the owner and general contractor, with a written description of the measurement methods including date(s) of measurement. 2-For location verification: A plan drawing showing property boundaries, permitted setbacks, building envelope (if applicable), location of foundation walls, location of the outermost exterior of each structure (inclusive of all exterior veneer or other exterior treatments), and the location and dimension of each observed measurement. 3-For height verification: Elevation drawing(s) showing the natural or finished grade of the property, maximum permitted height, building elevations including the nominal roof form (inclusive of the first layer of exterior sheathing or weatherproofing membrane but excluding all exterior surface treatments such as shakes, shingles, or other veneer treatments orornamentation), and the location and dimension of each observed measurement. Additional roof plans showing location of measurements may be necessary. ADDRESS: ____________________________PERMIT NUMBER: _______________________________ August 2017 197 Prospector Rd.0056-2022-BCOM COMMUNITY DEVELOPMENT DEPARTMENT ZONING COMPLIANCE VERIFICATION POLICY CITY OF ASPEN 130 S. GALENA ST | ASPEN, CO 81611 4-Plans and elevations must include height or setback exemption items unique to the building, such as stair/ elevator overruns, utility/mechanical apparatus, hot tubs and spas, and other height or setback exemption items unique to the project. 5-The report shall include a written description or drawing notes of the benchmarks or control points used to establish property boundaries, setbacks, building location, building height,and grades for each measurement. 6-All drawings must correlate with the building locations, elevations, and grading/drainage representations in the approved building permit set. 7-The report must include the signature, date, and stamp of Colorado Professional Land Surveyor who conducted the field measurements certifying that the field measurements areaccurately represented. Review and Acceptance of Report: The Zoning Officer shall review the report(s) and either confirm the project conforms to the dimensions shown on the zoning sheets of the approved building permit plan set and meets the zoning limitations for the property or shall determine which elements of the project are not in compliance. The Zoning Officer may request additional information to verify zoning compliance, which may include but is not limited to additional survey work or a site visit. All drawings of the survey report must correlate with representations in the approved building permit set for acceptance. Modifications to field conditions or amendments to the building permit may be required. A determination of non-compliance shall result in the issuance of a correction notice and possible work stoppage. Applicants are encouraged to verify zoning compliance as early as reasonably practical in the construction process to minimize disruption to the construction schedule. Acknowledgment: I (contractor name) ______________________________ understand this policy. I agree that this project will comply with the zoning limitations affecting this parcel and the representations made on the zoning sheets of the approved building permit plans. I understand that a Certificate of Occupancy will not be issued until this project complies with all applicable zoning limitations. Contractor Signature: ___________________________________________ Date: ________________________________________________________ ADDRESS: ____________________________PERMIT NUMBER: _______________________________ August 2017 Darren Hunter 12/14/2022 Darren Hunter 197 Prospector Rd.0056-2022-BCOM