HomeMy WebLinkAbout12 Commentscll�
C
COUNTY of
Department of Planning and Development
'FAX: 540/665-6395
August 12-2005
Wire-less Facilities,' Inc
Attn:-Daniel Lopez
1840 Michael Faraday Drive, Suite 200
Reston VA 201,90
90
RE: Approval, of Site 7Plan #36-05, Crossjunction Tower #11717 (Cingular)
Property Identification Number (PIN,): 18-A-38
66Af)Mr. Lot)ez:
The Frederick County Dep ' aftmebt of Planning and Development administratively
approved the above - referenced site plan on August ;12,. 2005. The Site plan is approved
for an expansion of an existing telecommunication tower site located off of Cross
Junction Road in the, Gaffibsboro, Magisterial District. This expansion includes some of
the'followli1g;-,
• New 11.6' x 20' equipment shelter
• GPS Units
Cingular antennas,motinted, on the tower (does not increase approved
height).
The site plan .meets all - i
reguirements for development n the. RA (Rural Areas) Zoning
District. All relevant review agencies have approved: the project at this am
providing you with three (3) copies of the approved site' plan. Please forward these
copies to the appropriate representative(s). Furthermore, advise the -owner(§) that a copy
should be kept for future reference, and an approved copy must be kept on the
construction site throughout the development process. Once site development is
c0rnpletq; the owner(s) should contact this office to schedule an on -site inspection. Do
not hesitate to contact me should you,have, any questions or concerns.
Sincerely,
Candice E. Perkins
PlAii,ii-er 11
Attachment
167 Nort-h Kept, Street, Suite 202 • Winchestef, Virginia, 22601-5000
r
Wireless Facilities Inc':
RE: Cingular Tower` III
Augusrl2, 2005
Page 2
`CEP /bad
cc: Jane Anderson; Real. Estate
PatrickBarker, Eco'domic Development •Commission
Gary Dove„ Gainesboro Magisterial District Supervisor
George Krz, Ganeslioro District Planning Commissioner
Charles Triplef'f, Gai,ne,sboro District Planning Commissioner
Jeanette Hoffman; 30;1 N: ,Frederick Pike; Cross; Junction; VA, 22625
To Frederick County Dept. -of: Date- 8/,14/05 ll r
Planning & Development GSE NQ:: 0501DC; AUG ' 2 V5
RE Cingular — Cross JunctionI
Attention; Candice Perkins FRECERIC: COUNTY
PLANf� I��C '�VELOPI LENT
t,
We are sending. you 'Z Attached. ❑ Under separate cover,via the following items:
Blueprints CADD- plots ❑ Specifications f ❑ Floppy disk ❑ Other
,Copies' Date Description
These items are transmitted as checked' below:
As requested Z For approval; For-your use ❑ for review, and comment
❑ Documents returned after loan io`us, ❑ See.shop drawings /documents for approval status
Remarks:
Copy to 'Signe& Robert F. Smidt
1374 W..Jarrettsville.Road .e Forest Hill, Maryland 21"050 • Phone :(410),893-9293 • Fax :(410)
893.9295
Candice E. Perkins
Planner I1
County of Frederick
107 North. Kent Street
Suite 202
Winchester„ VA-22601
Wireless Facilities, Inc.
1840,Kchael Faraday Orive
Suite 200
Reston, VA 20190 USA
Telephone + 1 :703'563 7100
Facsimile +' 1 703 5 &3 7200
L AUG. 2 2005
Dear Ms. Perkins:
I enclose for your, review one (1) set of revised plans to verify`ihe'following changes by, each Department
to pull, a building permit, on behalf of Cingular Wireless., The .following -comments were addressed as'
follows:
Plan_niny, and Develooment Commentsi
1) Site. address:; Title -page of drawings p.,CS -L address reads: "311 Cross Junction Road'
2) Zoning.Administrator' Approval Signature Line has been included on title page of drawings p. CS -1
upper right.comer; -
3) Phone numbers for the property owner and applicant have been provided on;p. C -1,;
4) Cross Junction, Route number was provided on p. C -1.
5,) On June 24; 2005 1 e- mailed your office with attachments answering items 5 and 6 of your June 21,
2005 letter: 'i) My letter drafted to your attention addressing the above referenced items; ii) June 4, 2002
letter from Rebecca Ragsdale addressed to Evan A. Wyatt re: to Site Plan Approval, iii) February 28,
2003 letter • addressed to Kamal Doshi re: Conditional, Use Permit -Approval;, iv) Copy of the redacted
lease showing -the access road being non- exclusive; I enclose a hard copy;foryour files.
Inspections Department Comments:
1) Incorporated.the' Inspections Department - incorporated on title`page; p:- CS- 1, upper right hand corner.
E ngi veering .Depa ttm" 'ent ..Cone ments: ,
1) No comments. -
Fire: Marshall's Office ;Comments:
1)Access- shall`.be maintained at all times including construction was incorporated on title page, p: CS -1
note number '18.
g y g y an P to the stte Tans: f look; forward to hearing, from you, soon
Plea "se call. me �if �. ,ou have an .further9�ch g p
concern�n the Cin ular Wir "ele "ss minor site lan a hcation„
Res ectful'ly Submitted,
Daniel "N. Lopes
Siie.Acgpisition. Specialist
Wireless Facilities, Inc.
1,840 Michael Faradaybrive
Suite 20:0,
Reston,`VA 201990
Ce11 703= 944 76147
Office, 703- 563 -7253 ;
E-M-aill-,daniel.lypez@,wfihet-.com
ccs Revised Drawings dated..JUnet29', 20:05 a:DHL with June'24, 2005 e -mail and' attachments:
1 v� l m
Wireless Facilities, Inc.
Daniel Lopez 1840 Michael Faraday Drive
Site Acquisition Specialist Suite 200
Reston, VA 20190 USA
Direct +1 703 563 7253
`\ Fax +1 703 563 7200
Mobile +1 703 944 6147 i
daniel.lopez@wfinet.com /
www.wfinet.com
. d
.2.
`Page 1 of 2
Daniel Lopez
From: Daniel Lopez
-Sent: Friday, June 24,,2005:3:52 PM
To ''cperkins @co.frederick.va.us'
Cc: 'Timothy Smidt ; 'Robert Smidt ` Kaamal Doshi'
Subject: FW: Comments from Frederick County on Cross Junction
Candice:° I enclose a letter to address some of °the ;issues you :raised in your June 21, 2005 letter °to me. 1 enclose the Cross
Junction prime lease evidencing a non- exclusive easement from a public right of way'to the site. I also provide copies of the
Conditional Use Permit comments a&well to be - incorporated in the site plans.
My understanding is that I still, ,need to receiye,comments of two (2) otherdepartmer ts:' Engineering and' Inspections. I will need
you to clarify if I also need the Airport Authority as well..
Thank you for your attention in this matter. I enclose'my contact, information below for your convenience „please do not hesitate to
call upon me, should you have any questions.-
Daniel N. Lopez
Site, Acquisition Specialist
Wire'l'ess' Facilities,,,Inc.
1840 Michael Faraday Drive
Suite 200
Reston, VA 20190
(P) 703- 563 - 7.253
('C) 703 =944 -6147
(F) 703 - 563 -7200
E- mail': _daniel.lopez @wfinet.com
-- --Original 'Message -----
Fr6m: Karnal Doshi [ mailto:kdoshi @sharedtowers.com]
Sent: Friday, June 24, 2005 10:36 AM
To: Daniel Lopez
Subject: RE's Comments from Frederick County on Cross Junction
per your req
Kamal Doshi 703- 893 -0806 Fax 703- 852 -7289
From`. Daniel `Lopez.`[mailto Daniel.Lopez @wfinet.com]
Sent: Vednesday, June 22, 2005 L:50 PM
To: Kamal Doshi
Cc: Jim, Berard, @nemalcingular com: Ellen Dalmus brian.weakland @cingular.com; Gerard Tesi @nemail.cingular.com
Subject: Comments from Frederick County on Cross Junction
Kardal:' I hope you are doing`well. As we approach the final loose -ends, I wanted to forward to you the comments from the County
on the Cross Junction site to you. I do need "your help on two items of the letter from. Ms. Candice Perkins. This letterwas cc'd to
Me, but was sent primarily to iour A &E firm for fixing these items..
The'comments were.minor.but two (2) items I will need your help on (taken from letter dated, June 21, 2005): 1) `'Conditions.
Provide the conditions, from the approved conditional use permit in the Site Plan." And 2) "Access Road. Is the access road to the
tower that is shown on Sheet S03 :a deeded right of way? If so, provide the legal reference.
I believe you and. [had a brief conversation concerning item 2 on 5/9/05, but I would like to make sure this is not a problem
between Shared Towers and Cingular.
Y8/0.1/20.05
Page 2 of 2
On page 2, Ms. Perkins erroneously identified the Frederick County Airport as one-Of the off-ice that needed to see the site plan.
Thelfour(A) 'departments Were: Planning and Zoning, Inspections Department, Engineering Department (Public Works) and the
Fi�,,e'Marsha'll_ . 1, will take of this Wit . h Ms. Perkins.
I look forward to your continued' assistance in this matter. Should you have any questions, 1 am available!whenever to discuss
those items with You. Please do not hesitate to call* me. I thank you in advance for yourcooperation.
Daniel N. Lopez
Site Acquisiti on Specialist
Wireless. Facilities; Inc.
1.840 Michael Faraday Drive
Suite 20.0
Reston, VA 20190
(P) 703-5.63-7253
(C) 703- 944;--6147
(F) 703- 563 -7200 2
E-mail: daniel.lopez@vyfinet.cbm
.,Attention*
Any views expressed in this message are, those, of the individual sender, except where they message, states otherwise and
the sender is authorized to state them to be the views of any such entity, The information Contained in this message and
Or,attachments is intended only for the per-son or entity to which it is addressed and may contain confidential and/or
privileged material. If you received this in error,, please contact the sender and delete the material from any system and
destroy any copies.
. ... . .... . ...... . . ...... ........... ... . ............. . .. .... . . ............ . ............ .. .
, 08/01/2005
0
VIA E7MAIL: epe rk insAco. feed erick.va:us
June`24, 2005
Candice E. Perkins
Planner It
County of Frederick
Department:of Planning & Development
107 North Kent Street
Suite 202
Winchester, VA 22601
•`
RE' Response to Frederick'County, VA, letter dated, June 21, 21)05: Re: Revi'cw Comments for Site
11.11an 436 -05, Cross Junction Tower 41717 (Cinivular.) PiN: f&8 A -38'.
Dear 'Ms. Perkins:
'Thank you for your above- referenced letter and the comments from your department. I cc'd our architecture and
engineering firm to follow up with items 1 -4.
I, am respond antiphonally,to each item you outlined in your June 21, 201 05 letter:
1. Item 1. Adding road to cover sheet at the end of 311 Cross Junction is not a problem., GSE to make this
change;
2. Item 2. A signature line for the Frederick County Zoning Administrator will. be provided on the cover sheet
with a note under "the signature line to ,read, "The site plan will. be valid for a period of- five (5) years from
the date of approval." GSE.will make this change.
3_ Item 3. On sheet C -1: The landlord's phone number is: 540- 888 -3418. GSE'to make this change.
4. Item 4. Provide routenurnber for Cross Junction Road. The route number is for °GSE's reference; VA Route
522.
5. 1 enclose in the e -mail two (2) letters: Site Plan letter and Conditional Use-Permit from Frederick County to
address items 95.. By copy to GSE via e -mail GSE shall: incorporate the verbatim items 1 -6 of theCU13
letter dated Februafy.28 '20'03. •.Should they have any questions, I am providing your phone number
for their''convenience: Your phone number is: 540- 665 =5651.
6. ' 'The access road is a non - exclusive easement for ingress and egress negotiated by Mr. Doshi with.Jeanette
B. Hoffman by Rower of Attorney given to Edward L. Cave: dated, September 8, 200.1. See paragraph I
entitled, "Premises and Use" of the redacted lease:
Lastly, 1 will forward the final plans incorporating your office's comments and toe. other offices you mentioned in
our subsequent:meeting of June 3, 2005. Please note that in this meeting, that you paper clipped: the pages together
noting that a copy of'the -site plans for commenting shoub ld have been filed With ith 1)'the Department of_Planning! and
DeP ) P P` ) P ) hall "s' Office. However, your
June21 eter excluded the Firre Mat hall's o fce and included the Frederick County A 'i•port Autho rity:
Since Cingular `is not. extending or adding any height to the already existing 260' .tower owned and operated by
Shared 'Tower's 'that, you "meant to say in your letter the "Fire Marshall's. Office" versus the "Frederick County
AirportAuthority.'Kindly, clarify this point for the record so Cingular may comply with the County's, request.
I believe items 54have been adequately answered.
On Thursday.1 received a. call from the Fire Marshall's office that comments were - ready. I will try to stop by to
discuss any issues that are outstanding and'share'the Fire Marshall's comments: to Cingular's, minor site plan. I look
forward to concluding this filing transaction in a positive way. Of course, please do not hesitate to call me; to discuss
this matter sothat l.may answer any questions you may have. Thank you'for your`timle and attention in this matter.
Respectfully Submitted,
Daniel N. Lopez
Site Acquisition Specialist
Wireless Facilities; Inc.
cc Timothy Smidt and Robert 'Smidt of Olock, Smidt Engineering (GSE) via e -mail: tsmidt2( gsei.comand
rsinidt ,,sei.com.
Kamal Doshi of Shared "Powers via e -mail: kdoshi a.sharedtowers.com
COUNTY of FREDERICK
Department, of Planning, and Development.,
540/665-5651
FAX: 540/665-6395,
June, 4. 2002
Mt. Evan A. Wyatt
Greeriway, Engineering
15T Windy Hill Lane
Winchester., Virginia, 226012
ge: Cross ►ross Junction Tefecominunication Tower; Site Plan 413-02
1 P"OPel-tY f deritib cati ojj'N,ijm ber- (PIN): 1-8-A-38
Dear Evan:
'The Frederick County Department-of , Planning and Develo -pment administratively approved the Above
31 -
referenced plan on June , 2002.' The site plan all requirements for development in the RA Zoning
Distn*ct'.'There are no-adverse comments by any however, any future comments
bYthesezgenci should �be.addressed pr' 'pj remember les
om dv. Please A copy of the access, easements
to providie,
when they are recorded. Below i i 0
a. [is of the primary improvements of this develo6rnent:
C
,onstruction. of a 260 - foot -fill Unmanned
telecomm
• unications tovier.
Mark-ing,and lighting of the toN
ver as required by the Winche9ter Regional Airport.
A 14.5 -fobt VerticAl for einer_,er c)' vehicle access L�, required'
Construction of ,a six-foot-h clearance i oj. by the Fire Marshal.
I §toqlmdefenice on the north, east, and wes'i sides, of the tower site.
Additional screening should be installed 'if determined necessary 1 7 �ssa,ry bv Pldnnin Department staff to
ensure facilities are not visiblefrom adjoining - 9
_
Properties and,roadways.
I am providing you with six cOpies of the appr6ved site plan,
representatives. Further Please ,forward these to the appropriate
morq,� please the oNvner thata copy, sho�]'d'bekept -orfuture reference and an
approved copy must f
be kept on the construction site throughout the develop
developMent, is complete; the OWTier' Should contact I development process. Once site
this office *schedule an on-site inspection. Ths, is
required prior to the'muantexof an occupancy` permit. by, the Department of Buildi
in.- Inspections.
S, ely,
tIJ
Rebecca.Ragsdale
Planner 'I
RAW,rsa
Attachment
CC" Sidney Reyes, aa`
inesbbro District'SUpervjsor
em: Georg : e' * J., Kiliz, Gdii'iesb6roDistricl Plarining Commissioner Charles E. Triplett,, Gain esboro Di ; str.ict'Planning Commissioner
U:*Rebecca\Site.l?],,IllsACell'T,i)ivel.s,C.).-\ppro\-al.\\-pd
167 North Kent Street Winchester, Virginia 22601-5000
41G� r COQ .
W COUNTY of FREDERICK
Department of Planning and Development'
540/665-5651
aU%7N/
FAX.: 540/665-6395
February 28, 2003
Mr. Ka nal Doshi
Shared Towers, LLC .
6501 Sandy Knoll Court
McLean; VA 221.0 °1
RE: CUP #12 -02 - SCARED TOWERS, INC./ CROSS 'JUNC'f'ION'TOWER (Revision of CUP # l 8 -01);
Property Identification Number 1.8 -A -3.8
Dear'Mr.. Doshi:
This letter is to confirm ,action taken.by the Frederick County Board of Supervisors at their meeting on
February 26, 2003. Your Conditional Use Permit # 12 -02, for an extension of 12 months to construct the
tower; was approved with the following conditions:
1. ' All 'Zoning '.Ordinance requirements and review agency comet "arts shall be addressed and
complied with at all times,
2. The tower shall be available for'co- locating personal wireless services providers..
3. A minor site plan shall' be approved. '.by the County..
4. The tower' shall be removed. by the applicant or prop_ erty owner within. twelve (12) months of
abar done -rent of operation.
51. In the•event a telccOrn'Aiunications`tower is not erected'wi.thin.twelve (12) months of the approval
of this Conditional Use Permit, then the CUP will be deemed invalid,
6. A certified. Virginia engineer' shall provide verification. that tt e tower is designed, and. will lie
.constructed in a manner that,,, should the'tower collapse for any reason, the collapsed tower will
,be contained in an area around the tower Witt. a radius equal .to, -or lesser than; the .setback.,
measured from the .center line of the base of the tower.
If you.have any questions regarding;thi's action or the. -site plan approval "process, please,feel free to call this
nff icr�
ERL /dill°
cc: Mark Srhith, rreenwayEngineering.
Sidney .Reyes, Gainesboro.,.District Supervisor
Commissioner of Revenue
em.: George Kris and .Charles Triplett; Gainesboro Planning. Commissioners
03Agenda.AA&nval (or denial) IWACIJTA20031CFavw;Junction Tawer,timo ezt. pd
107 North Kent,,Street - Winchester,; Virginia 22601 -5000
SITE LEASEAGREEMENT
SiteName: Cana U�'ll. Site AddressO/
Site I: A- Z - i. Latitude ; •3 9 - L ;Longitude:. I T 7 37
1:, premises and'Use: in; consideratioh,of'•the expenditures and
efforts .of lessee to develop and.use 1h& premises described
below, -the undersigned Qointly and severally, the "O -ref ")
hereby leases to Stiared Towers; LLC', a Virginia limited
liability company ( "Lessee "_), or its permitted assignee, the
A6.desonbed'bel6w:
The exclusive right to use' and occupy real property,,
approximately 10;000 square :feet of land, as approximately
described and.sEown on,Exhiblt A, togetherwith nonexclusive
easements (a) to a publle right,of way, for reasonable,acaess,
(b) to the appropriate, sources of electric; and telephone
facilities' as determined by Lessee, (c) for piacement'of any
supporting guyed wires as; reasonab y,determined'.by Lessee
per good `engineering'practices and;(d) to meet fall -zone or set
back requirements (collectively;; the "Site "): The Site will be
used,for installing, maintaining andtor,operating; a. wireless
°communications and broadcast facility; including, without
limitation, antenna towers or poles, guyed wires (if. :applicable),
foundations, utility.11nes, equipmentshelters ice bridges;; radio
equipment, antennas; security alarms; cameras; ights;, and
supporfing equipment thereto {collectively, the "Facility'), or
for any other use, permitted by applicable° law.' Title to the
Facility shall be held by Lessee and. the Foe ellity shall remain
Lessoe's personal property and inrio event shall be construed
as fixtures.
2. Term,. The. tar o<ofJhis,Agream (he "Initial Term ") Is five
(the
(5) years; starting on the date -Lessee signs this Agreement'.
This -Agreement will be automatitoally renewed for ton (10)
additional terms (each a "Renewal T. of of tive,�years' each
Wth:a increase in rant af' each .renewal; unless Lessee:
provides Ownernotice,of, Intention not to renew.90 days.prior
to the expiration of any feim,
3. Rent. Beginning "with the datwupon which constructlon of the
l?aclllty`is commenced, rent`will,be pall quarte 1' , on the firsf
day of each calendar, quarter, at' the. o iler. uarter,
partial /&
.,months'to be prorated. 4
OAR-
4f Title, Quiet Possession, and Access. Owner represents
and agrees -(a) that ii is' the.owner of the Site, pursuant to the.
Instrument set forth on Exhibit A (b) that the Site is irea from
all encumbrances except as. set forth- on Exhibit-,A; (c) that it
has the right to er&r`into this Agreement;, (d) that the person
signing, this. Agreement. has, the auttionty to, sign; (e) that
Lessee, its;: employees,, agents, subcontractors, clients; and
`J invitees are entitledao access to the Site at all times and to
the qulet'possession'of'the" o long. as Lessee is `not In default
beyond'the expiration of.anycure period; and (f that Owner
will nothave unsupervised access to the Site orto the related
Facility: Owner furtherrepresents, agrees and covenants`that.
during the initial Term and, Renewal Terms' of this Agreement
OwnerwVll not, use, or permit others to use, any pea of any
real property currently owned; or hereafter, acquired, by Owner
Within, two (2), miles of the Site for any, type, of communication
or broadcast tower or otherwise provide advice; services for
development. 'of, .competing properties or release any
information about Lessee's, business. Owner shall obtain
non- dlstubance;, ,subordination and g4ontment agreement .
from prior 116n, holders as required by Lessee's.fitle insurance
company.
5. AssignmentlSubletting. Neither Owner nor Lessee will
assign or transfer this Agreement without the .prior written.
consent `of the •,other party; which consent will not be.
unreasonably withheld, delayed or conditioned. Upon such
permitted assignrnent,or'transfer Lessee will have no further
I iability: under the Agreement. Lessee shall be allowed to
sublet., or otherwise grant use'rights to,;all or,any portion of the
Site _andlor the Facility without the prior wken !consent of.:
Owner, it, being, the express intention, of Lessee to lease or
license antenna, towers, shelters, and related space of the
Facility to�separatwwireless communication carriers. and other
clients:
6. improvements. Lessee may make..such future improvements . 11
on or', to fife Site and oFadlity as It deems necessary. Owner
agreesto cooperate with Lessee with respect to obtaining any
required buildin&oning approvals for. the Site and
improvements. Upon Aormination or expiration of this
Agreement; Lessee shall remove the Facility and its other
property located upon the Site, excepting the foundation, and
will: restore the Site to . substantially the condition existing at
inception of this lease, except for ordinary wear and. tear and
casualtyloss. Lessee 'shall reimburse Owner any property tax
increases, directly .attributable to Lessee's Improvements.
Owner shbil fully cooperate Lessee in any available
administrative or court appeals of such' tax increases..
7, Compliance with Laws. Owner represents that Owner's
properly; (including the Site); and all Imp. nNemants located
thereon, ' are In _substantial compliance with building,
I1faisafety; disabillty and�other laws, codes-and regulations of
appilcable:governmenfa! authorities.: lesseewril] substantially
comply vath,all applicable laws relating to Its possession and..
use of -the Site,
Utilities.,, LesseeVillTay fore'li " dohnedtion& to:thep Site.
ty
Owner, will cooperate with Lessee, in Lessee's effdrts1o, obtain
Utilities from the most economical source.
Termination. Lessed may terminate thins Agreement at any
tiftib, by notice to Owner'- W. ihdi.iltluftherli ability, if: Lessee does
not, obtain all permits or other approvals .-'(co)J66tiVely,
approval") -required from any '-municipal and/or governmental
authority, or any,easements; required from. any third party to
constructJoperate thfe, Facility for its,intanded use; or 1f any
such approval is canceled, expires or, is withdrawn or
terminated; or If Owner falls to have proper ownership of the
Site a or authority to enter into this Agreement, or if Lessee, for
any other reason, in its sold discretion, determines that. it will
be unable to,use the Site for Its intended pUrpme.
10: Default. It either,party is,in defauIVurider ffiI'S,Agreembnt1f6f a
perod,thirty (30) days following:raceipj ofirictice from the non-
defaulting party shall have the right to pursue all legal
.remedies , lncl'ud!6g.termination, of.th!s Agreement lfa non-
monetary, default may not reasonably be cured within a thirty
(30), day, period, this Agtomomerit may not be terminated If the
defaulting party commences action: to cure the default Within
Such 30 day period and said dAul'i 1s Wbstianti2ily cured
within rii nety'(50), days of the initial:notibe,6f default.
13. Waiver. of OR Lien. (a) Owner walves.any lien rights it
q
m,I have concerning he Facility, i which is deemed Lessee's
emin,9 .
personal property and not lixtires, and Lessee has the right to
remove the same at any time Without Owner's consent,
'Owner (I) disclaims any interest, now or in the future, in and to
the Fac0ity, as fttures or otherwise; (0) agrees that the
. Facilftyand the leasehold v other use interest of Lessee or its
authorized sublesse6s or users, shall be exempt from
execution, re
foreclosu, sale, levy, attachment, or distress, for
any rent d I ub or, t6beclomle. due. and (111) agrees to provide;any-
su
such lend.er,with :an estoppel statement regardinq the above
facts, such as the lack of a default hereunder, and any other
information . or document reasonably requested, such as a non-
disturbance, subordination and attomment agreement, within
five (5) days of request.
14. insurance: Lessee, at . its, sole ,rost.and expense, shall upon
commencement of construction (upon use of mechanical
.quipme e pf to disturb the• land; but not for taking of soil
samples .or surveys, and measurements) p*oure'and maintain
bodily Injury and property insurance on the 'Facility With a
combined . single limit Of at [bast On6 Million Dollars
($1 000,000)'per occurrence. A copy of such policy shall be
furnished tbOwnbrwithink3o days 6i,written request.
11, indemnity. Owner and Lessee each Indemnify the other 15. Miscellaneous, (a) This,Agreement applies to,and binds the
against and hold the otherharmlass from any and all posts heirs, successors;, executors; adnriinistratd(s and assigns,-of
(includin 9 reasonable-attompys! fees) and claimsof,habilit.yor the parties to thislAgrPerrOnt- (b) This.Agrieement is governed
-
foss which arise out of the use and/or occupancy of the Site Or -by the iaws'of the State in which the Site 18 10GElte.0; (9) This
'
Facility by the direct ,actions, or culpable omissions; of the Agreement (including the Exhibits) constitutes thq, entire
ag reement' between 'the parties and supersedes all prior
indemnifying party, Its employees, agents or independent
contractors This indemnity does' not apply to any 61aims agreements; any, amendments to this Agreement must be
PID
ad6lh6 ff6mithe sole negligence or intentional misconduct or executed' by both parties; (e)� If any '�Provision of this
omission of the party seeking indemnification
12: Hazardous; Substances. Owner represents that it has no
knowledge of any substance, ground contamination, chemical
or waste ( collect_ , 'substa,nce") on t!'fe Site that, is
identified as, hazardous, toxic or dangerous- in any applicable
federal, 1, state or local law or regulation, Lessew-.will not
introdUce,or Use any such substance:on the Sita In violation "of
any appiicablb im Owner shall indemnify Lessee, against
and hold It Karmless from any, and -all costs (including
reasonable attorfieyA` fees) and claims� of.liability, or loss which
arise out of any occurrence or condition causing the presence
a
of - any such sub-stance on the Site that occurred prior to the
date of:th , Is Agreement or is directly attri-Ntable'to the,Owners
use,,of'adibini . ng premises durIng'6e term- of'6isa-grembrit.
owner
By
Name:
Title:
Address: Z--f
t
13
'Owner
Agreement is invalld.6r: unenforceable with respect to, any
party, th e remainder of Ns. Agredmant, Will not be; affected
and.shdll m re ain' alid and enforceable to the extent permitted
.
by law; (f) The pTqyailing party in any act
court is entitled, to receive its, reasonable attorneys! fees and
other reasonable enforcement (or, as applicabla, defense)
.costs and 'expenses; (0) Owner agrees promptly to execute
'and' deliver to" Lessee, simultaneously herewith or forthwith
hereafter, 'a recordable Memorandum, of this Agreement in the
form�of, Exhibit B, ard-P)All�notices,are effective, on the third
business day after' their deposit via certified and postage
prepaid mail; or, on the next business day after deposit: via
-overnight delivery, to the address below,
cf 91 --Date:
Shared Towers, LL.C.,("Lessed*)
Kernel C. Doshi
Man aln Mernb
1,1 64e)
6501;SandyRnoll,Ct
McLean, A 22101
EXHIBIT
Site Agreement - Site Description — Permitted Exceptions
Site Nahe:� Site I.D��
2 2
_�
Site !situated In the'Cityffown of Counlylof_fi� statb-,of. jfpj commonlyclescribed as follows:
,
Legal DescOption.: A.por0on;61 the pcernises located at address; C)
CO
morepatficulady described in Deed to dated an1recorded in
,
bitylOounty Registry,of?D66cls:at Book. IM pag6_ Tax MapRef6rence bV
Sketch, of Site, Te 1'.32- 19, W241194i
T) 6 1+0
r, -r/1 51 t,,*l -7 4,
,
1 0 JA4/ 194 6' e,.( 17
r" -k /
7
Permitted Exceptions:' None.
Own.erlInitial&
And
Note: bWhbr and Lessee may, aftossea3g option, replace'this Exhibit with an,exhibit setting forth the,legat description of the
propeq on whidtf the 8itwis; located and/or a surv6y.Aravvin.0 depicting Ahe -Site.,
Cross-Junction,,(Shar.ed T'O*Y#1717'
Re�m
-- uest- For Site Plan Comments
Fredericlk,'Cduhty Inspections Department
Mail to: Hand deliver to:
Frederick ,County Inspectibris Dept, f UT N. Kerit.Street,tuite 200
Attn: Building ,Official North Building, 2"' Floor
107 North Kent,Street', Winchester, VA
Winchesteri VA 22601 (540),6,65-§050
(540) 665-5650
Please fill out the irif6ri" qti-on-:a!§,accUrWelras vossible, In order to. astitt:the,,!agenty'w'ith°th'bir,
review.' Please '. 1. ph one'(1) copy of the site PlAn*ith this W sheet.,
rd!e Facilitiesi Ind., on behiffof New�Cindtil ar Wiiel ess?cs, LILC.
Applicants -Name-,'
-privq,',Suite 200, Reston-,VA 20190,
Address:— T
'fuTmichaelaraday
Phone Number:
Nameof develOpmentand/Or description of the request:
Project consists of the: nstallati6m ofCellular/PCS equipment; support frames,ice bridges .and antennas, frames and
cableston anew monopole built by Shared-Towers
'Locationof ropert-
:
301 N. Frederic Pi e, Cross Jurictionj VA 22625
In§PectionsMepartment's, Comments: fu 45 a y-e o
�Inspe'ciioiis Dept: use,olily
Dateyeceivda-
Incompletd,
'Date,rqviewed
Signature and Date
SignatumandDAte (rev,W
Date re*.i6n:receNed Date approved
In-r-nmn 1ptp-
16
�7
-P-nlmp� UA tl N rK
. r
Cross Junction (Shared Towe*714' _
Request For Site Plan Comment's
° _Frederick County Engineering Department
Mail to: Hand delive'r,to
# Frederick County Engineering Dept. 107.N. Kent' Street, Suite 200
# Attu: Director of Engineering North Building, 2"d Floor
107 North- Kent `Street Winchester; VA
Winchester, VA "22601
(540 };,665 -5643 (540) 665 -5643
Please fill out, the information as accurately as, possible in order to assist�tle agency with their
review. Pie so attach two (2)copies of1the,site plan with this sheet.
Applicants Name: Wireless Facilities, Inc. on behalf of New'Cingular Wireless PCS, LLC
. ,
Address: 1840 Michael Faraciay iv ui o ,
Phone Number:
z _
'
Name of development and /or deseriptiion -of the request:
_Proiect eonsists'of the ins ailation of Cellularieca! equip ,,,o.,r c „poort frames ,aeg ind antennae cram c and
cables on a new monopole bwlt>by Shared1owers
Engineering Dept-use. only
Date received / °v 5 Date revision received
Incomplete Incomplete
Date reviewed Date rexie
Signature and Date,
Signature and Date (revision)'
Date approved
RL
17
Control number
SP05 -0036
Project Name
Cinguiar Wireless. Cross.Junction
Address
1840 Michael; Faraday Drive
Type. Application
site plan
Current Zoning
RA
Automatic Sprinkler System
Yes
Other recommendation
Fire extinguishers are required
Date:received Date reviewed Date Revised
6/1312005 6/23/2005'
Applicant
Cingular Wireless
City State Zip Applicant Phone
'Reston VA 20190 103-944 6147
Tax ID Nuniber Fire. District Rescue District
16 16
Election District
Recommendations GaInesporo
Automatic.,Fire,Alarm System Residential Sprinkler System
Yes No
Requirements
Emergency Vehicle Access Hydrant Location Fire Lane Required
Adequate Not Identified Yes
Siamese Location Roadway /Aisieway Width Special Hazards
Adequate No
Emergency Vehicle Access Comments
Access shall be maintained,at',alljimes including, construction
Access. Comments
Additional Comments
i
Plan Approval Recommended Reviewed By Signature
Yes K.Steudl Title t5 3 1 F� /b`e /-rf
-4 ,
June 21', 2005
Glock Smidt, Engineering, Inc:
Attn: TimothySmidt
1,374 W. Jarrettsville Road
Forrest Hill, Ma 21.050
RE: Review Comments for Site Plan #36 -05,, Cross Junction. Tower 41717 (Cingular)
Property Identification Number (PIN).: 18 -A -38
Dear Mr'. Smidt:
Planning Staff site plan to determine if administrative
approval can beh granted. reviewed above-referenced
At this. time, administrative approval cannot be granted. This site
plan is denied until the issues in this fetter, as well as all issues of'the other review agencies,
have been adequately addressed. 'Please review Staffs comments listed below and then
prepare a revised site, plan which adequately addresses each coneern.
Review Comments:
1. Site :Address On the�cover sheet include "Road" next to 311 Cross Junction.
2. Zoning Administrator Signature Line: A. signature .line for the Frederick County
Zoning Administrator needs to be provided on the cover "sheet along, with a note
under the signature line that states that the :site plan will be valid for a period of five
(5) years from the date of approval.
3. General Notes. On Sheet C -1 „phone numbers need to be provided for the property
owner, and applicant.
4. Cross J.unctiori Road. Provide the route number for Cross Junction Road'.
5.- _Conditions._ Provide the conditions from the approved conditional use permit in the
site 'plan.
6. Access Road. I's the access road to the tower that is shown on Sheet SO3 a deeded
right-of-way? If so, provide the legal reference
107 North Kent Street, Suite 202 ® Winches'ter, Virginia'22601 -5000
f
lock'Smidt En`ineen nL
G g
_
RE; Cingular Tower #1717,
June 21,,2005
Page 2
. After you have revised the site plan,, please resubmit one copy so that I may verify the
information contained o will _n the plan. I l need •all approved .review agency comment sheets
and at least five copies of the final plan for final administrative approval.. Comment sheets
are required from the following agencies: the Frederick County Inspections Department, the
Frederick County Deparfn�enf of Public Works (County Engineer), and the Frederick County.
Airport Authority.
Sincerely,
Candice E. Perkins
Planner II
Attachment
CEP /bad
cc: Wireless Facilities, Inc, Attn: Daniel Lopez; 1.840 Michael Faraday Drive, Suite 200,
Reston VA 20190
J, 1
1
The:fo'Ilowmg inforriiation must be'included on your site plan.; If'yoursite plan is incomplete or
missing ihforrnation, it will not'be ,reviewed and returned to you -for revisions. - -- _
Admi histrati-6 Informatlon
y N:
General Site_Informatio•n,
Y N
10`; Location map (scale 1:2000)
11. Magisterial'Dist_rict --
+/ 12.1 Seale', of site plan ,(not to exceed 1 ° 50) .
13. North, Arrow'
-
14. Zoning "of; site
15. Use;;,zoning;`and Property Identification Number'(PIW) of'all
adjoining properties. This' includes.pro- itfl' ,located across
:.
= nght- of- ways, 'streams -,.and rail road tracks,
16 Survey,ed'bound'anes for all Iafsiand: parcels.
1.
Nam6 bf proposed.,development:,
G� ✓
2'.
Narne; address, an__d'phone number,Of owner:
',Name;,, address, and phone number, of "developer.
,
4.
Name; ;address, and phone number of design
5..
Certificate of surveyor; engineer, or architect..
5;-
Date plan` prepared' and -date, of:revisions' .
7.
A Iistiri of all conditions laced -on °the site gas a result of a
g P
- _
`condition:al use permrt�or-conditional zoning approval
A s acejabeled_ "A roved.b the Zonmg,Adlministrafor° for
p PP _ y'
the approval signaturei and date -o& approval.
9.
A description- of setbacks, or contlitions piace'd on: the site as a
result of a wariar ce approval. (Reference ,tlie warian'ce
_
aPPlicatton number:) . .
General Site_Informatio•n,
Y N
10`; Location map (scale 1:2000)
11. Magisterial'Dist_rict --
+/ 12.1 Seale', of site plan ,(not to exceed 1 ° 50) .
13. North, Arrow'
-
14. Zoning "of; site
15. Use;;,zoning;`and Property Identification Number'(PIW) of'all
adjoining properties. This' includes.pro- itfl' ,located across
:.
= nght- of- ways, 'streams -,.and rail road tracks,
16 Survey,ed'bound'anes for all Iafsiand: parcels.
,General Site lcon't)
Y
N
- - -
17.
Acre "age of all; lots included in the plan,
The loeation- nd •dimen-sions, of all' required setbacks and yard'
areas,
1:9:
The, Iocaflon;and type. of;"all,dwelling' units.
1N A
20. - :
Locatwn.and' desw —tion. all °recreation facilities-
N rA
21
Location of sidewalks• and pede:stnan,ways.
'
22
Locatiomand area of cornrnon op, space.:
23 . �'
The location;. height, and dimensions of.all's signs. -
24.
Location, height, sand ;specifications of`outdoor lighting f ctures,
25.
- Location and.nature of outdoor storage areas..
26., ..
Location of'.outdoor trash. receptacless.and, dimensions of
'_ •
structure,'(fencing; etc.) required •to,enclose ,receptacles.
r B.uilding.lnforrnation
t/
-- -
27.
The'heiglit of all` buildings and, °structures.
Location of`all buildings'; 'structures and-uses - -
i . ✓
29:.
-The proposed use of each building, structure and area..
:30
Ground floor'iarea and total floor area.of all 'buildings with, FAR,
calculations'for:commercial and industhail,zoning districts.
Roads
' "
✓
' 3` .
Narne:: and numberof existing•and Planned' streets• on and _
adjoining th•e site:.
f
32
� Location of existing and -planned streets,owaod-ad�oining the
=
site:
a
— .
3 -3.,
_ r
speed lirnit of existing adjace.nt,roads
cA,
= -
34 ` ..-
Location. and dimensions of all: proposed entrances from public
_ : - _
-
nght =of- ways:
10
35— .Location of all entrances on adjoining roads within 200 feet of the
" proposed or'ek-istin, g entrance.
= 36:.. Dimensions,-boundanes, width, pavement; and construction of
planned., roads._ - -- -
Utilitfes -
Y.. ° N -
-- ° 37. Location of all utilities,, including sewer arid water lines, wi - _
;size,, of ;lines; - mains, and )aterals
- 38. :Location :and widt easements, including access, utility,
and dr . ge ease tS. -
39 ovation and nature of fire: a fire _hydrants, and all other .
facilities necessary to meet Fire: Co d6 e uirements.
Parki ,
Y N
.. - 40.. � - -- Calculatio - -, - - - - -` _-
_ ns descr'' required number of parking and
�'�-- to din spaces.
,Location and: dimensions of. all parking and loading spaces,
driveways,, parking aiste ' urbing and other features to be used.
42. Location and' dimension of all dis _` d parking spaces and
ramps.
Natural Features
Y N
43. Existing and'finished contour lines. -
„i=A. _ 44. ` location of steep slopes,, woodlands, floodplains, wetlands; -_
{
sinkholes, and. other environmental features.
c� -45.. Location of streams and drainage ways.
12
r/ Cross Junctiom(Shared Towers)_*,
Request ForSite Plan Comments
Department of Planning and Development;
Mail to:",
o Hand, deliver to:
Department of Planning and Development 107 N. K ent S t
Attn: County. Planner North:B'uilding; 2nd Floor
101 North Kent,Street, Winchester VA
Winchester, VA 22601. (540) 665 =5651
(540) 665 - 5651
Please fill '(out the information .as.accurateiIy as possible in orderto assist the agency with their
review. Pleasewattach two . (2) copies of•the site plan .with this sheet.
Wireless Facilities, inc: on behalf of New'Cingular Wireless PCs, LLC.
Applicant's Name:
1840 Michael Faraday Drrve,:.Suite 200, Reston; VA 2019q,
Address:
Phone Number: 703- 944 -6147
Name, of development, and /or description of the, request:
Project<consists of the instaliation of;Cellular /PC&equipment, support frames, ice bridged,,and,antennas frames and
cables on a new monopole built byshared'Towers
Location of roperty: .
301 N. Frederic Pike,,,.Cross Junction, VA,22625 .
Planning,and. Development's.'Comments:
Planning and,Developmentuse only
Date'received Date revision received Date approved
Incomplete Incomplete'
Dafexev ewed Date.reviewed
•Signature and.Date
Signature and-Date (revision)..
15 D EcEoVE�
JUN 1 32005 I "