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HomeMy WebLinkAbout07-10 Comments (2)z, �oA,Ma,S Federal Communications Commission Washington, DC 20554 Informational Notice of Section 106 Filings Eric Lawrence, Director ' County of Frederick Department of Planning and Development 107 North Kent Street Suite 202 Winchester, VA 22601 The following new Section 106 filing has been submitted: FILE NUMBER: 0004377060 Purpose: New Tower Submission Packet Notification Date: 7AM EST 09/07/2010 Applicant: Global Tower, LLC Consultant: The Ottery Group, Inc. Site Name: 1-81 - Middletown Site Address: 200 Brill Road Site Coordinates: 39-05-46.0 N, 078-26-58.8 W City: Star Tannery County: FREDERICK State: VA Lead SHPO/THPO: Virginia Department of Historic Resources Consultant Contact Information: Name: Beibei Su Title: Architectural Historian PO Box: Address: 3420 Morningwood Drive City: Olney State: MD Zip: 20832 Phone: (301) 562-1975 Fax: (301) 562-1976 Email: beibei.su@otterygroup.com Date: 09/08/2010 Reference Number: 662127 !r r4,1 SEP 1 3 2010 l- �� �!T NOTICE OF FRAUDULENT USE OF SYSTEM, ABUSE OF PASSWORD AND RELATED MISUSE Use of the Section 106 system is intended to facilitate consultation under Section 106 of the National Historic Preservation Act and may contain information that is confidential, privileged or otherwise protected from disclosure under applicable laws. Any person having access to Section 106 information shall use it only for its intended purpose. Appropriate action will be taken with respect to any misuse of the system. Page 1 of 1 FCC 813 September 2008 OOM17MU^ Federal Communications Commission N Washington, DC 20554 �LL� syr' Miss�—" Informational Notice of Section 106 Filings Date: 09/08/2010 Reference Number: 662128 June Wilmot, Chairman Planning Commission County of Frederick Department of Planning and Development 107 North Kent Street Suite 202 Winchester, VA 22601 The following new Section 106 filing has been submitted: FILE NUMBER: 0004377060 Purpose: New Tower Submission Packet Notification Date: 7AM EST 09/07/2010 Applicant: Global Tower, LLC Consultant: The Ottery Group, Inc. Site Name: 1-81 - Middletown Site Address: 200 Brill Road Site Coordinates: 39-05-46.0 N, 078-26-58.8 W City: Star Tannery County: FREDERICK State: VA Lead SHPO/THPO: Virginia Department of Historic Resources Consultant Contact Information: Name: Beibei Su Title: Architectural Historian PO Box: Address: 3420 Morningwood Drive City: Olney State: MD Zip: 20832 Phone: (301) 562-1975 Fax: (301) 562-1976 Email: beibei.su@otterygroup.com NOTICE OF FRAUDULENT USE OF SYSTEM, ABUSE OF PASSWORD AND RELATED MISUSE Use of the Section 106 system is intended to facilitate consultation under Section 106 of the National Historic Preservation Act and may contain information that is confidential, privileged or otherwise protected from disclosure under applicable laws. Any person having access to Section 106 information shall use it only for its intended purpose. Appropriate action will be taken with respect to any misuse of the system. Page 1 of 1 FCC 813 September 2008 �oMM Federal Communications Commission %w � �•, 'z' Washington, DC 1-0554 Iss\° = _ informatim-MI Notice of Section 106 Filings b" Date: 09/08/2010 Reference Number: 662129 Rhoda Kriz, Chairman Historic Resources Advisory Board County of Frederick Department Planning and Development 107 North Kent Street Suite 202 Winchester, VA 22601 The following new Section 106 filing has been submitted: FILE NUMBER: 0004377060 Purpose: New Tower Submission Packet Notification Date: 7AM EST 09/07/2010 Applicant: Global Tower, LLC Consultant: The Ottery Group, Inc. Site Name: I-81 - Middletown Site Address: 200 Brill Road Site Coordinates: 39-05-46.0 N, 078-26-58.8 W City: Star Tannery County: FREDERICK State: VA Lead SHPO/THPO: Virginia Department of Historic Resources Consultant Contact Information: Name: Beibei Su Title: Architectural Historian PO Box: Address: 3420 Morningwood Drive City: Olney State: MD Zip: 20832 Phone: (301) 562-1975 Fax: (301) 562-1976 Email: beibei.su@otterygroup.com NOTICE OF FRAUDULENT USE OF SYSTEM, ABUSE OF PASSWORD AND RELATED MISUSE Use of the Section 106 system is intended to facilitate consultation under Section 106 of the National Historic Preservation Act and may contain information that is confidential, privileged or otherwise protected from disclosure under applicable laws. Any person having access to Section 106 information shall use it only for its intended purpose. Appropriate action will be taken with respect to any misuse of the system. Page 1 of 1 FCC 813 September 2008 :onm TP THE �--� UITTEIRY UROUP August 26, 2010 Eric Lawrence, AICP, Director County of Frederick Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, VA 22601 Re: Invitation to participate as a consulting party to the Section 106 review of the 1.81 - Middletown" — 200 Brill Road, Star Tannery, VA 22654 Mr. Lawrence: Prior to the construction of a telecommunications facility located at 200 Brill Road in Star Tannery, VA, The Ottery Group has submitted documentation to the Virginia Department of Historic Resources regarding the effect of the proposed undertaking on historic properties. As tower construction is regulated by the FCC, Global Tower, LLC, which will own and operate the tower, is required to consider the effects of planned undertakings on cultural resources for compliance with the National Environmental Policy Act (NEPA) as well as Section 106 of the National Historic Preservation Act. Pursuant to Section 106 requirements, this notification is being made to invite potentially interested parties that may desire to participate in the consultation process. The proposed undertaking consists of the construction of a telecommunications facility in a wooded area at the above -referenced location. The proposed facility will consist of a 250 -foot self-support lattice tower and associated equipment contained within a fenced compound. If you have any questions, concerns, or comments regarding the proposed undertaking, please contact our office within 30 days of receipt of this notification. The project review staff at the Virginia Department of Historic Resources will have all documentation regarding this undertaking on file; however, I will be glad to furnish you with an electronic copy if requested. I look forward to your comments regarding the effects of the proposed undertaking. If you have any questions or require more information please feel free to contact me by phone (301.562.1975) or email (beibei.su@otterygroup.com). I appreciate your assistance with this project. Sincerely, THE OTTERY GROUP, INC. Beibei Su Architectural Historian 1810 AUGUST DRIVI • SILVER SPRING, MARYLAND 20902 • 301.562.1975 (MAIN) • 301.562.1976 (rAx) www.otterygroup.com Stage P;at�, J:JA2- Mew 5. 3110 Air. Mark F. Chem ZoninL, and Sithdi% ision Administrator j()7 N,`_erth Kt2i-ii -Sccow,! F!,00r Winche&ter� V.\ �260j' Re: Conditional C-�e Permit Application, for Global buct.uses. LLC -She VOW U —181 - 1lliTHOW11 Qx Parcel (Yuh A, y7fi- thdiucent to Wardemi I W Pike (hNrrier: Rohert and kk�,gmaihlarthj Contract Ownor: Glohal"Tori cr As -,els" LLC bear Mr. Chei-an: Gloinal Tov,i�r Assms is conmiRed a) Mona% to a")?d die tumecesnaryoft, s - 3N�-cr, ii, th,- area. It is Ow olwoim; policy andc.)bjeclive of Global -Fowet- Assets. LLC to lea -se its telecommmucilti;)IIs 60140 0) who. "iropm, ,accommodate additiowd service lmA Mrs aw! m7srumv n; mem the Codc. P.va:,C 'm": la US 77814M! in th(,- c-, --h1.JJ1 havt: al- - Ti0a; 0 !CCjLIiI_C �Idditi011;.d Sincerely your' a. Tinutit y L Dennis Director. Site Development Global I o -mer Partne 5 Timothy L. Dennis 38974 Old Mage Place Waterford, VA 20197 0: 703.778.8400 : 301.651.8400 tim@invisibletowers.com August 5. 2010 Mr. Mark R. f heran Zonin- and Subdivision Administrator 107 North Kent :Street -Second Floor Winchester. VA ''2601 Re: Conditional Use Permit Application for Global Tower Assets, LLC — Site VA5133 —1-81 - Middletown Tax Parcel 69 -((A)) -7F - Adjacent to Wardensville Pike Owner: Robert and Regina Martin Contract Owner: Global Tower Assets. LLC Dear Mr. Cheraw Please accept this letter as written confirmation that, upon approval by Frederick County for the construction of a proposed self support telecommunications structure located on the property owned by Robert and ReUina lklartin, and under contract to Global Tower Assets LLC. with a designation of Tax Map 69 -((A)) -7F, in the event Global Tower Assets LLC facilities located thereon become non- operational for a continuous period of twelve (12) months. Global Tower Assets LLC will comply with Section 165-204.19B.(7), that states as follows: "Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such tower shall remove same within 90 days of receipt of notice from the Frederick County Department of Planning and .Development. Removal includes the removal of the tower, all tower and fence footers, underground cables and support buildings. 1f there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. if the tower is not removed within the ninety -day period, the county will remove the facility and a lien may be placed to recover the expenses." Conditional Use Permit Page 2 _August 5. 2010 This letter shall also serve as certification pursuant to Section 165-2104.19A.(3) that Global Tower Assets LLC, at all of its telecommunications facilities, complies, and will continue to comply with all FAA and FCC regulations. including= established ANSWEE standards for electromagnetic field levels and radio frequency radiation emissions. Please contact me at ( 70.3) 778-8400 in the event you should have any questions or require additional information. Sincerely yours,. `yTimothy L. Dennis Director. Site Developm;nt .v 'r Gn . F.. i.5t) ` i/) ui, z august 4, 2010 Mr. Mark R. Cheran Frederick County Zoning and Subdivision Administrator 107 North Kent Street—Second Floor Winchester, VA 22601 Re: Shentel Collocation at GTP Proposed 250' Communications Tower, Brill Rd in Star Tannery Dear Mr. Cheran, This letter is intended to communicate to Frederick County that Shenandoah Personal Communications Company (Shentel), operating under FCC license as Sprint, is currently pursuing a wireless communications collocation opportunity at the telecommunications tower proposed to be constructed by Global Tower Partners (GTP) on the Martin property off of Brill Road near Star Tannery. Should the proposed GTP tower site be approved by Frederick County, Shentel would be able to utilize this facility to improve its existing Sprint branded wireless network in that area. Accordingly, Shentel would like to record its support for the application by GTP for zoning approval of the proposed tower site. Placement of modern wireless infrastructure in this location will aid significantly in improving wireless coverage along Highway 55 in an area that has traditionally been under -served by wireless service providers. Improved access to wireless telecommunications in this part of Frederick County will contribute to the health, safety and welfare of the community at large. incerely, . L� Michael Knotwell Site Development LOCALAND LONG DISTANCE TELEPHONE - INTERNETAND DATA SERVICES - CABLE TELEVISION WIRELESS VOICE AND DATA SERVICES - ALARM MONITORING - TELECOMMUNICATIONS EQUIPMENT WE MUST SERVE WELL TO PROSPER - WE MUST PROSPER TO SERVE WELL crP Grba! Tov,r .i Pamwq,: Timothy L. Dennis 38974 Old Stage Place Waterford, VA 20197 O: 703.778.8400 M. 301.651.8400 tim@invisibletowers.com August 2, 2010 TO: Adjoining Property Owners — Brill Road, Star Tannery RE: Conditional Use Permit Application — Global Tower Partners proposed Telecommunications Tower Facility — near Highway 55 and Brill Road Global Tower Partners (GTP) is in the process of working with wireless phone carriers to expand and improve coverage's in and around the Star Tannery area. This process is in response to numerous complaints about poor wireless service in the area. For clear contiguous coverage, the networks require a series of wireless antenna sites and a tower is necessary along Highway 55 to provide the necessary antenna platform. Global Tower Partners is proposing to construct a new telecommunications facility on the property currently owned by Robert and Regina Martin and located at the intersection of Brill Road and Highway 55. In order to place the site on the parcel with the minimal impact on surrounding properties, GTP has entered into an agreement with the Martin's to purchase the entire parcel. We are proposing placing the tower near the center of the parcel and will only be cutting the minimal amount of trees within our proposed 100' X 100' compound/equipment area. To make the site even less visual, we are proposing to construct a eight (8 ) foot wood fence to the south side of the compound area and install black vinyl chain link fence on the remaining 3 sides. On Wednesday, July 28"', we flew a balloon at 250 feet to identify the tower height and drove the roads and driveways to determine if the balloon was visible. Due to the heavy tree canopy as well as the location of the site on the parcel, very limited view or no view at all was noted from the adjoining properties. When driving the area roads, the balloon was only visible from two locations approximately one-half mile east of Brill Road along Highway 55 and along the access road to the quarry on the Brill property to the south. Conditional Use Permit Application Page 2 August 2. 2010 GTP is the largest privately -owned tower operator in the U.S. and the fourth largest independent operator in the U.S. Our customers are successful leaders in their industry. They sign multi-year lease agreements to use our sites. Our customers are all of the large telecommunications carriers including: AT&T, Shentel(Sprint), T -Mobile, US Cellular and Verizon to name a few. Relationships are important to GTP. As your future neighbor we want to answer any questions and address any concerns you may have concerning the project. We are currently making plans to fly a balloon, weather and wind permitting, on Aug 14'h at 7:00 am. An alternate date would be Aug 21". We will try to keep the balloon in the air until at least 9:00 unless wind conditions warrant otherwise. The balloon will be flown at the proposed facility allowing you to observe the tower height, and view any effect that the tower may have in the area. Global Tower's representative, Mr. Lynn Koerner, is our development manager for this project. He can be contacted at 540-335-0030 or via email at LynnKCa)shentel.net. He would be happy to answer any questions and/or meet with you to discuss the project. I am also available at (703) 778-8400 or via email at Tl)ennis(g)gtpsites.com. I would ask that you contact one of use either via email or phone and provide us with a current phone number or email address so that we can keep you informed and updated on changes to the schedule. Sincerely yours, 7--. Timothy Dennis Director — Site Development E L in7Aoco r- �40—,_00,0 �irc.�ccjutst!'ion c''rnc11'I'rJ/cam t i?cl'C10t7navrri �'nntro� tc,r ir,r Global T»rtr July 28, 2010 Frederick County Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, VA 22601 Re: Visual Impact Study — Global Tower Partners - Site VA5133 Dear Mr. Cheran: A visual impact study was conducted on July 28, 2010 in order to provide pictures and simulations of the view of the proposed telecommunications structure at the proposed site near the intersection of Highway 55, Wardensville Pike and Brill Road. To accomplish this study, a red balloon was inflated with helium to an approximate size of 40 inches and tethered at a height of 250 feet. The surrounding roads were traveled and photos taken from various locations where the balloon was visible. Then using a photo editing program, a self- support/lattice structure picture was inserted into the photo, to simulate the view from that location. A map is attached to show the locations from which each photo was taken. Due to the existing dense tree canopy in the area, no view of the structure was identified along Brill Road to the south of the site. The location of Picture #1 is along the access road into the quarry located on the Brill property. No view was identified from along Pifer Road or from the intersection of Pifer Road and Highway 55. Picture #2 was taken traveling West on Highway 55. I will note that in addition to Picture #2, the balloon was also visible a little further west along Highway 55. No photos were taken due to the area being on a curve and hill and no safe place pull off the road or to obtain photos. Global Tower - VA5133 - ODELORME ,t f,REA'f MWNTAIN LN i� i JOLRNEYS Ftp tA1 A rr� No VWw N1hpEUi1F}�' LN WKE Street Atlas USA(R: 2005 CROCUS TRL BEfATK SQ- ABEUA�L U SR. 608 2 55 va.Pit�' a:�no aY RIO m 4N A Sim�i311C�n J2 55 Simuialion 3t - a G NP SRb00 Fys6�. de -N% Gravel Springs 1P' 3 I Data use subject to license. I —J fl 2004 DeLorme. Street Atlas IJSA:P 2O05.,I iq 0 600 1200 1800 2400 3000 www.delornie.com MN (9.9' W) Data Zoom 13-3 Map indicating locations from which photographs were taken Picture #t Balloon - 250 foot - Photo along access road to Quarry on Brill Property - no view from Brill Road Simulation #1 Simulation - 250 feet Picture #2 Balloon - 250 foot - Photo along Highway 55 - Wardensville Pike Simulation #2 Simulation - 250 feet 44 .AZ 6 y _ OPTION O PURCHASE AND CONTRACT OF SALCLE This Option to Purchase and Contract of Sale (this "Contract) is be€ween Rolmrit S. Martin and Regina A. Wart:- 1."Sel3ee') and GLOBAL TOWER ASSETS, LLC, a Delaware limited liability company ("Buyer'') is entered into this 18'' day of June, 2010 ("Effective Date'). BACKGROUND Nr'HEREAS, Seller is the owner of an approximate 10.010 acre tract of land (the "Proverty") ,ocated in the City of v ar Tannery, Frederick County, Virginia, more particularly described on xXhi i A attached hereto and made a part hereof. WHEREAS, Buyer desires upon the terms and conditions as set forth herein to procure an option to purchase the Property and all related rights and appurtenances, including, without limitation, Seller's interest in adjacent streets, alleys, rights-of-way, strips, gores, access, utility and other easements benefiting the Property, and any improvements located on the Property (the Property shall include all related rights, appurtenances, easements and improvements to the Property). NOON `THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Seller and Buyer hereby agree as follows: AGREEMENT Grant of Option. For and in consideration for the sum of�"Option Fee") payable to Seller as set forth herein, Seller does hereby grant to Buyer the exclusive right and Option ("Option") to purchase the Property upon the terms and conditions as set forth herein. The period of time during which Buyer may exercise this Option shall be that period of time commencing on the Effective Date of this Contract and ending on June 10, 2012 ("Option Term"). From the commencement of the Option Term until the Closing or earlier termination of this Contract, Seller shall maintain the Property in at least the same condition and repair and make no additional improvements without Buyers prior written consent. ?. Exercise of Option. Buyer n;ay exercise its exclusive right to purchase the Property pursuant to the Option, at any time during the Option Tern:, by giving written notice thereof to Seller. The date on which Buyer sends said notice shall be the "Option Exercise Gate". In the event the Buyer does not exercise its exclusive right to purchase the Property granted by the Option during the Option Term, Seller shall be entitled to retain the Option Fee, and this Contract shall become absolutely null and void and neither party hereto shall have any other liability, obligation or duty herein under or pursuant to this Contract. If the Option is exercised, then the Purchase Price set forth in I-Daragraph 5 ,shall be paid in full without set of of credit for the option fee paid hereunder. Page 1 3, Buyers Testing, At any time during the Option Term , Buyer and its agents, engineers, surveyors and other representatives will have the right to enter upon the Property to inspect, examine, conduct soil borings, drainage testing, material sampling, and other geological or engineering tests or studies of the Property (collectively, the "Tests"), to apply for and obtain licenses, permits, approvals, or other relief required of or deemed necessary or appropriate: at Buyer's sole discretion for its use of the Properly as a telecommunications facility and include, without limitation, applications for :coning variances, zoning ordinances, amendments, special use permits, and construction permits (collectively, the "Government Approvals"), initiate the ordering and/or scheduling of necessary utilities, and otherwise to do those things on or off the Property that, in the opinion of Buyer, are necessary in Buyer's sole discretion to determine the physical condition of the Property, the environmental history of the Property,Seller's title to the Property and the feasibility or suitability of the Property for Bt "Ps us, all at Buyer's expense. Buyer will not be liable to Seller or any third party on aunt of any pre-existing defect or condition on or with respect, to the Property, whether or not such defect or condition is disclosed by Buyer's inspection. Buyer will restore the Property to its condition as it existed at the cornmenc lment of the Testing Period (as defined below), reasonable wear and tear and casualty not causes, by Buyer excepted. In addition, Buyer shall indemnify, defend and hold Seller harrr4ess from and against' any and all injury, loss, dannage or claims arising directly out of Buyer's Tests. 4. Seller's Cooperation,, At all times during the Option Term and as reasonably necessary thereafter, Seller shall cooperate with Buyer in any effort by Buyer to obtain certificates, permits, licenses and other approvals that may be required by any governmental authorities. Seller agrees to execute any necessary applications, consents or other documents as may be reasonably necessary for Buyer to apply for and obtain the proper zoning approvals required to use and maintain the Property, including as a communications facility. Up.... d:: air exercising tine Cq3tion, Seller shall convey, sell, and transfer the Property to buyer and Buyer shall purchase the Property irom Seller upon the fo!3ow►+iruj tours: Page 2 5. Purchase Price i he Lich, h, price of the Property (the "Purchase Price') is � M AND �EiO CENTS payable in rmrrreo►aelo available edederai funds at Closing (as define+,.i in Paragrap �. 6. TMe insurance: Buyer shall cause a title insurance company, of its choice, to agree to issue to Buyer as soon as practicable after Closing, an ALTA standard form of Owner Policy of "title Insurance for the Property (the "Owner Policy'). Additionally, Buyer shall furnish or cause to be furnished within boventy (20) dales atter the Option Exercise gate, a title insurance mmmitment covering the Property issued by the Title Company (the "Commitment'), together with copies of all documents referenced as title exceptions in the Commitment. a. Buyer has 15 days after its receipt of the title insurance commitment (the Commitment), the copies of each title exception, and the Survey to object to any exception, condition, title defect, or matter unacceptable to Buyer in the Commitment, any title exception document or on the Survey by giving notice to Seller. b. Title: (i) Buyer shall be entitled to received good and marketable fee simple title to the Property subject, however, to the recorded easements, agreements and restrictions applicable thereto which do not render title to the Property unmarketable or in Buyer's reasonable opinion unreasonably inferior with Buyer's intended use of the Property for a transmitting facility, and free of all liens and other monetary encumbrances except as the Buyer may waive as provided below, insurable as such by a reputable title insurance company authorized to do business in the Commonwealth of Virginia at its regularly scheduled rates. (b) Buyer shall, during the Option Period, cause an examination of the title to the Property to be made. Within the Option Period, Buyer shall advise Seiler, in writing, of those exceptions to title revealed by either the title insurance commitment or the title examination which are unacceptable to Buyer (the "Title Exceptions"). Within five (5) business days after receiving written notification of any title exceptions, Seller shall inform Buyer as to what cure or cause the cure of such title exceptions. Any failure to respond shall be deerned an election by the Seller not to remove or cause the removal of such title exceptions. In the event that Seller elects pursuant to the provisions hereof to remove or cause the removal of such title exceptions, the Option Period shall be extended until such time as the title exception is cured but in no event longer than sixty (60) days and ""he Settlement Rate shail, if required, be extended for such time as may be necessary to effect cure (but in no event longer than sixty (60) days, uniess the parties shall mutually agree otherwise in writing). (ii) In the event that Seller declines or is deemed to decline to cure or cause a cure of title exceptions, Buyer shall have the option to (a) terminate the aaareement by gi-vina notice of its intention to terminate within ten (10) nays following receipt of Seller's notice, in w1hich evert this Option Agreement- shall terminate and neither party shall have any further liability or obli0ation hereunder Page 3 excepting Buyer's Indemnity Agreement to restore the Property under paragraph _- below; or (b) Buyer may give written notice that Buyer shall accept title as shown by the title examination or tyle insurance coffimitment and proceed to settlement hereunder, in which event all previous title exceptions shall be deemed 'Permitted Exceptions." Notwithstanding the foregoing, if at Settlement, exceptions to title other than Permitted Exceptions exist and such other exceptions consist of, but not limited to, deeds of trust, mortgages, mechanic liens (relating solely to Seller's use of or activities upon: the Property, but not relating to Buyer's activities upon the Property for which activities Seller shall bear no responsibility or liabilfty +:whatsoever), or delinquent tax liens, Seiler shall pay and discharge such defects (or in the case of mechanic liens relating solely to Seller's use or activities upon the Property or tax liens, bond off such liens) at or prior to Settlement and Seller authorizes the use of its funds at Settlement to pay and discharge such defects." C. The exceptions to title listed in Schedule B of the Title Commitment that are dither accepted or waived by Buyer are the Permitted Exceptions. No iter r listed in Schedule: C of the Is Commitment to be satisfied at or prior to Closing shall be a Permitted Exception. Items one through five and only the right of ray identified in six on the attached Exhibit B provided by Seller ("initial Permitted Exception"), are the initial permitted exceptions and may be updated accordingly as Buyer performs its due diligence. r. Suirvey Seller, at Seller's expense, shall furnish to Buyer and the Closing Agent within 15 days atter the Option Exercise Date lave (5) copies of a current survey of the Land (the Survey) certified to Seller, Buyer, and Closing Agent, by a surveyor licensed in the state where the Land is located and selected by Seller showing: a. a correct legal description of the Property; b. the area, Boundaries, and dimensions of the Land; C. any encroachments or protrusions; d. the location of all easements and building restrictions affecting the Land and identified by recording data; e. the location and dimensions of any aboveground improvements on the Land; and a certification by the surveyor and a display on the survey as to any area of the Land in the 100 -year hood plain. 8. Provations and Closing Costs a. Seller shall pay for any costs necessary to convey clear title to the Property as set forth in paragraph C, any sales or broker's fees which might be due or Page 4 claimed on account of this sale incurred by Seller, if any, incurred by Seller in connection with the performance of its obligations under this Contract. All special assessments vihich are or become a lien on the property on or before the closing date shall be paid by Seller. b. Ad valorem taxes against the Property will be prorated at Closing as of the Closing Date based on the tax bills for the year of Closing and calculated on the full assessed value of the Property. Buyer at Closing will receive a credit against the Purchase Price in an amount equal to the portion of the takes on the Property from the beginning of the current year to the Closing late. If Closing occurs before ".he current year's tax bills are available, the proration gill be based on the latest Wx rata applied to the latest full assessed valuation; then, after the taxes for the current year are finally assessed, upon written demand, buyer shall refund to Seller any amount overpaid by Seller or Seiler shall pay to Buyer the amount of any deficiency in the proration. Buyer shall pay all taxes and assessments against the Property before they become delinquent. C. The term "ad valorem taxes" as used in this Paragraph includes general assessments - including, without limitation, regular annual assessments payable to any property owners association, rollback or deferred taxes that are payable because of change in ownership or land use or any special assessments or assessments for street widening, repair, or improvement (even if such amounts are not then due). d. Buyer shall pay the basic prerrtium for the Owner Policy, any premiums related to any endorsements or modifications to the Owner Policy requested by Buyer, the cost of recording the Deed and any other conveyance documents that Buyer may choose to record, any and all transfer fees and sales, intangibles, conveyance and documentary stamps taxes (or equivalents) related to the Closing, and the costs, if any, incurred by Buyer in connection with the performance of its obligations under this Contract. e. All other expenses incurred by Seller or Buyer with respect to the Closing, including, but not limited to, legal fees of Buyer and Seller (except as provided in Paragraph 20), will be born: and paid exclusively by the party incurring same, without reimbursement, except to the extent otherwise specified in this Contract 9. intentionally Ornifted. 10. closing a. After all necessary documents are prepared and approved for closing, the Buyer and Seller have ten (10) days -to mutually agree upon a specific closing date. Said closing shall take Palace via federal express. b. At the Closing: Seller must deliver to Buyer: Page 5 (A) A special warranty deed conveying the Property to Buyer and containing no exceptions or conditions except the Permitted Exceptions (excluding the standard printed exceptions in the Owner Policy); (B) Intentionally Omitted (C) a certificate that Seller's representations and warranties continue to be true and correct as oaf the Closing bate; and (D) any other documents deemed necessary by Buyer or Buyer's counsel. ii. Witl?in 7 days of the full execution of all required closing docurnents (and Buyer's receipt of same), Buyer shall tender the Purchase Price, via check or wire transfer. 11. Buyers Rswmeefla If Seller breaches any representation or warranty under this Contract or does not perform its obligations under this Contract, Buyer may, at its option, either. a. enforce specific performance; or b. terminate this Contract. 12. Seller's Remedy If Buyer does not perform its obligations under this Contract for any reason except the termination of this Contract pursuant to an applicable provision of this Contract, Seller's exclusive remedy, waiving all other remedies, is to terminate this Contract. 13. Corrtlrra'iss,ions a. Each ;warty warrants to the other party that it has not dealt with any real estate broker or salesman in the negotiation of this Contract and no commissions are due to any broker. b. Each party shall indemnify, defend and hold harmless the other party, from any other real estate commissions due by virtue of the execution or Closing of this Contract, the obligation or asserted claim for which arises from actions taken or claimed to be taken by the indemnifying party. 14. Selises kepresentations and Warranties Seller represents and warrants to Buyer as follows: a. Seller has good and indefeasible title to the Property subject only to the P€:rmitied Exceptions. Page 6 b. There is no pending or, to the knowledge of Seller, threatened condemnation or similar proceeding or special assessment (inclusive of assessments for street widening, repair, or improvement), or change in zoning affecting the Property,{. ['+_„_.. �.,.. .d - re�nn n31� Drn+� frnm n (:. a� ll�l I ICdJ received i IV 'ver CtiGi i r�✓ai%.� ✓i S,..��r, n„g aI oe , r opera .r. . �i..y governmental authority stating that the Property violates any federal, state, county, or city statute, ordinance, code, rule, or regulation.. d. The execution and delivery of, and Sellers performance under, this Contract are within Sellers pourers and have been duly authorized by all requisite actions. EXCEPT AS SPECIFICALLY SET FORTH IN THIS PARAGRA-PH 14 AND THE WARRANTIES OF TITLE IN THE CLOSING DOCUMENTS, SELL =R IS CONVEYING THE PROPERTY TO BUYER ON AN "AS IS, WHERE IS AND WITH ALL FAULTS" BASIS AND SELLER IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE (OTHER THAN SELLER'S WARRANT,' OF TITLE TO BE SET FORTH IN THE DEED), TAX CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL_ CONDITION, COMPLIANCE WITH ANY LAWS, MULES, ORDINANCES, OR REGULATIONS OF ANY GOVERNMENTAL AUTHORITY OR OTHER BODY, ZONING, AVAILABILITY OF ANY UTILITIES, POTENTIAL FOR FURTHER DEVELOPMENT, THE EXISTENCE OF VESTED LAND USE, ZONING, OR BUILDING ENTITLEMENTS, VALUATION, ACCURACY, COMPLETENESS OR OTHER ASPECTS. ALL INFORMATION (INCLUDING BUT NOT LIMITED TO THE REPORTS, PERMITS, PLANS AND INFORMATION DELIVERED OR MADE AVAILABLE PURSUANT TO THIS CONTRACT) DELIVERED TO BUYER BY SELLER IS SUBJECT TO BUYER'S VERIFICATION AND, REGARDLESS OF BUYER'S FAILURE TO SO VERIFY SUCH INFORMATION, BUYER WILL NOT HOLD SELLER LIABLE FOR OR MAKE ANY CLAIMS AGAINST SELLER OR ANY SELLER AFFILIATE WITH RESPECT TO OR RELATING TO ANY SUCH INFORMATION EXCEPT TO THE EXTENT ANY REPRESENTATION OR WARRANTY IS MADE BY SELLER TO BUYER CONCERNING SUCH INFORMATION IN THIS PARAGI APtI 94 OR IN THE CLOSING DOCUMENTS. BUYER SHALL PERFORM ALL INVESTIGATIONS OF THE PROPERTY IT DEEMS NECESSARY DURING THE INSPECTION PERIOD AND WILL RELY SOLELY ON ITS OWN INVESTIGATIONS. The provisions of this subparagraph survive the Closing or any earlier termination of .this Contract. 15. Seller's Covenants Seller shall, at Sellers sole cost and expense: a. Promptly advise Buyer in writing of any litigation or hearing or notice received or any material changes of facts that cause any of Sellers representations or warranties to be inaccurate in any respect. b. From the c ommenc®rnent of the Option Term until the Closing, maintain the Property in at least the same condition and repair. Page 7 16. Noticet.! All notices, reguesis, approvals, and other cornmunications required or permitted to be delivered under this Contract must be in writing and are effective: a. on the business day sent if sent by telecopier prior to 5:00 p.m., eastern standard time, and the sending telecopier generates a written confirmation of sending; I. upon iaxeipt if, delivered personally or by any method c4her than by telecopier transmission (with %ptten confirmation), or by any methodother than by mail; C. I business day after delivery to a nationally recognized, overnight c:ouder service; or d. if orderly delivery of the mail is not then disrupted or threatened in which event some method of delivery other than the mail crust be used, 3 days after being deposited in the united States mail, certified, return receipt requested, postage Prepaid; in each instance addressed to Seller or Buyer, as the case may be, at the following -addresses, or to any other address either party may designate by notice to the other party: Seller: r Attention: Phone: Telecopy: U — With a copy to: a-, W I (.",A k'Jv9et VA,z Attention: Phone: {Q)G Telecopy: (22) I Z Buyer: Global Tower Assets, LLC 750 Park (if Commerce Blvd., Suite 300 Boca Raton, Pa 33487 Attention: _ Phone: (� _ Telecopy: LU Page 8 17. Performance Time is o; the essence in the performance of the terrns of this Contract. 13. Binding Effect This Contract is binding upon and inures to the benefit of the successors and assigns of the parties. 19. Entire Agreement This Contract embodies the compute agreement between the parties and may not be varied or terminated except by written agreement of the parties. 20. Legal Fees In the event of litigation, mediation or arbitration concerning the interpretation or enforcement of this Contract or any portion of this Contract, the prevailing party is entitled to recover from the losing parry its reasonable legal fees, court costs, and expenses, whether at the trial or appellate level. The provisions of this Paragraph 20 shall survive the Closing or any earlier termination of this Contract. 21. Survival Any of the provisions of this Contract pertaining to a period of time following Closing survive Closing and the delivery of the deed to Buyer and are not merged therein. Ail indemnities under this Contract survive any termination and the Closing of this Contract. 22. Governing Law The lays of the Commonweaith of Virginia shall govern this Contract. 23. Headings Paragraph headings or captions are used in this Contract for convenience only and do not limit or otherwise affect the meaning of ,any provision hereof. 24. Counterparts and Facsimile Signatures This Contract may be executed in one or more counterparts. Each counterpart is an original and proof of this Contract may be made without more than one counterpart. Facsimile signatures are binding on the party providing the facsimile signatures.. [SIGNATURE PAGES TO FOLLOW] Page 9 /1 If w^ EXECUTED by Seller on�4W t �, 2010. l..a FR• By: — &-41—y-1—ij .�.._ Robert B. Martin 19 West Fairfax Street Berryville, VA 22611 By: Regina A. Martin 19 West Fairfax Street Berryville, VA 22611 A 14 Date: 1 4 �U/U EXECUTED by Buyer on 2010. BUYER: 1 Shawn Ruben - Secretary ` { Global Tower Assets, LLC 750 Perk of Commerce Blvd, Suite 300 Boca Raton, FL 33487 Poo 10 C; Hig.._,�s A -�- THE PR0PEf7' Ali of that of-irtain tract or parcel og land, lying and being situate in Back Creek Magistri;.9l District, Frederi ;k County, Virginia, containing 10.010 acres, and more particularly described on the plat of survey drawn by Carnerc)n G. Copp, l -.S., dated February 16, 2005, of record it the Clerk's Office of the Circuit r'ourt of Frederick County, Virginia, as Instrument leo. 06-001,2134 and by this reference made a part hereof ; set ut in full; AIN 6t"mll�O a portion of the sa ge l:�roper , conveyed to Robert ►ert !�. Martin and Regina A. 111114artin by Deed dated august 0, 2004 of record in the aforesaid Clerk's Office as Instrument No. 04-0015768. Tax Mau No. fig AsT �'F EXHIBIT B Initial Permitted Exceptions Provided by Seller 1. That certain Boundary Line Adjustanent dated March 20, 1996, of record in the Clerk`s Office of the Circuit Court of Frederick County, Virginia, in Deed Boob 835 at Page 1257, which establishes the eastern boundary line of the %abject property. 2. Right of Way Agreement dated January 29, 1991 to Potomac Edison bower Company for electric lines along Route 602, of record:�r.- die aforesaid- Clerk's Office in Deed Book 758 at Page 1729. 3. Right of way dated September 10, 1991 to Shenandoah Telephone for telephone lines and cables along Route 603 of record in the aforesaid Clerk's Office in l eed Book 766 at page 816. �r. That portion of the land lying within the boundaries of Route 603, a 30 -font -wide public right of way as shown on that flat of Surrey drawn by Cameron O. Copp, L.S., dated .lucre 22, 2001, of No. 01-0010430. recordis the aforesaid Cleric's Obi, e as Instrument S. Right of way 204eet in NvWth reserved in Deed ftorn Raymond E. Brill, et ux, to Robert A. Martin, et ux, of record in the aforesaid Clerk's Office as Instrument No. 04-0015768. 6. That certain Deed of Lease dated November 28, 1987, by and between Raymond Brill, et ux, as landlord and Crary Holder for a term of 99 years with right of Nvay included thereon; which Lease is for a 2 -acre tract of land at the intersection of Virginia Route 603 and the "Old Road." of record in the aforesaid Clerk's Office in Deed Book 804 at Page 33.