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Home My WebLink About13-03 Comments (2)GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 1 � R A lel 1V1 1 1' T A L Project Name: White Tail Lane Telecommunications Tower - Revised CUP File No.: 3295 Date: December 29, 2003 To: FC Planning Attn: Mark Cheran Copied: From: Evan Wyatt GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 Remarks: r- Urgent f- For Your Review f`" As You Requested l ` Please Comment Message: Hi Mark, I spoke with Eric Lawrence this afternoon regarding the reluctance of the Winchester -Frederick County Conservation Club, Inc. to execute the Special Limited Power of Attorney agreement for this project. Eric suggested that we provide a copy of the lease agreement and he would have Larry Ambrogi review it to determine if the County can accept this knowing that the Winchester - Frederick Conservation Club, Inc., has signed the CUP Application. Please find attached a copy of the Lease Agreement addendum between the Winchester -Frederick County Conservation Club, Inc. and Shared Towers, Inc., as well as the original Special Limited Power of Attorney agreement that has been signed by Kamal Doshi authorizing Greenway Engineering to represent the revised CUP application. Please note the language that is highlighted on page 2 of the Lease Agreement and the signature of the owner on page 4. Please also note that I have placed a telephone call to Mr. Fahnestock to apprise him of the situation. Thank you for your continued assistance with this matter! Please advise me of any additional information you need and I will get it to you ASAP. Evan Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 greenway@visuallink.com E. EUGENE GUNTER LAW OFFICE E. EUGENE GUNTER THE KENT BUILDING 16 SOUTH KENT STREET POST OFFICE BOX 1750 WINCHESTER, VIRGINIA 22604-8250 November 5, 2002 Kamal C. Doshi, President SHARED TOWERS, INC. C/O Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 AREA CODE 540 TELEPHONE: 067-4243 FACSIMILE: 667-4281 RE: SHARED TOWERS, INC. V. WINCHESTER -FREDERICK COUNTY CONSERVATION CLUB, INC. OUR FILE NO. 6177-M Dear Mr. Doshi: Pursuant to the various communications between this Law Office and Douglas J. Sanderson, Esquire, and your Facsimile transmission of this afternoon, I provide herewith, in care of Greenway Engineering, the following: an original copy of the Addendum To Site Lease Agreement By And Between Betty S. Lockwood and Shared Towers, Inc., which has already been executed by David A. Fahnestock, President, Winchester -Frederick County Conservation Club, Inc., so that you may execute it on behalf of Shared Towers, Inc., acknowledge.your signature before a Notary Public, and have such copy returned to this Law Office; and 2. the original copy of your company's Application for Conditional Use Permit, which has been duly executed by Mr. Fahnestock on behalf of the current owner, together with a photostatic copy thereof. Thanking you for your cooperation in this regard, I remain Encl: (3) cc: Douglas J. Sanderson, Esquire David A. Fahnestock, President George W. Quarles, Treasurer Very truly yours, Wm. Douglas Taylo Law Clerk, WDT 5177-M 11/02/02 T M 19-A-227 NO Considers ADDENDUM TO SITE LEASE AGREEMENT BY AND BETWEEN BETTY S. LOCKWOOD AND SHARED TOWERS, INC. THIS ADDENDUM TO SITE LEASE AGREEMENT is made this 2°' day of November, 2002, by and between WINCHESTER -FREDERICK COUNTY CO ERVA -N CI�UB,_I1MC., a Virginia Corporation, and SHARE -.-TOWERS, INC, also a Virginia Corporation. WHEREAS, Betty S. Lockwood, the previous owner of that certain tract or parcel of real estate located in Gainesboro District, Frederick County, Virginia, containing 138.1944 acres, more or less, and identified as Tax Map Reference 19-A-27, entered into a certain Site Lease Agreement with Shared Towers, Inc., which agreement is dated November 13, 2001, as documented by that certain Memorandum of Site Lease Agreement, which was recorded in the Office of the Clerk of the Frederick County Circuit Court on February 14, 2002, as Instrument No. 020002530; WHEREAS, the said Betty S. Lockwood, by Deed dated the 10th day of July, 2002, which Deed was recorded in the aforesaid Clerk's Office on the 11 th day of July, 2002, as Instrument No. 020011507, conveyed the aforesaid tract or parcel of real estate E. EUGENE GUNTER AnORNEYATLAW to Winchester -Frederick County Conservation Club, Inc.; THE KENT BUILDING If TH KENT ST. .ESTER. VA. Page 1 of 5 22601 EUGENE GUNTER ATTORNEY AT LAW FRE KENT BUILDING Ir TH KENT ST. ,ESTER, VA. 22601 WHEREAS, certain disagreements have developed between the parties hereto with respect to the terms and conditions of such Site Lease Agreement, which disagreement is disruptive to the process of gaining approval for a Conditional Use Permit from Frederick County, Virginia, which is necessary in order for Shared Towers, Inc., to proceed with its intended construction of an Unmanned Commercial Telecommunications Facility and Tower on the aforesaid tract or parcel of real estate; WHEREAS, in the spirit of compromise, the parties hereto have settled their disagreement with respect to the terms and conditions of the aforesaid Site Lease Agreement and, in furtherance of such agreement, have determined to memorialize it by way of this Addendum to such Agreement. NOW THEREFORE WITNESSETH: In and for the consideration of the mutual covenants and agreements set forth herein and the sum of Ten Dollars ($10.00) cash in hand paid, the sufficiency of which is hereby acknowledged by the parties hereto, WINCHESTER -FREDERICK COUNTY CONSERVATION CLUB, INC., and SHARED TOWERS, INC., hereby covenant and agree that the aforesaid Site Lease Agreement shall be and hereby is AMENDED AND MODIFIED as follows: I. That Owner's duty of cooperation pursuant to Section 6 of the Site Lease Agreement does and shall continue to include the duty, promptly following requests by Lessee, to cooperate in the Lessee's procurement, maintenance and, as applicable, extensions of conditional use permits and other licenses and permits that Owner may be required or requested by applicable governmental or quasi - governmental authorities to request or approve. 2. Paragraph 3 of the aforesaid Site Lease Agreement hereby is replaced in its Page 2 of 5 EUGENE GUNTER ATTORNEY AT LAW FRE KENT BURDING if TE KENT ST. .ESTER, vA. 22601 entirety with the following: " Provided that Owner shall have cooperated in executing and delivering to Lessee's engineers or other designated agent an executed Application for Conditional Use Permit for construction of the Facility (hereinafter, the "2002 Application"), then, beginning with the first day of the month following the second annual anniversary of the date upon which the applicable authorities of Frederick County, Virginia, shall have approved the 2002 Application, OR beginning with the first day of the calender quarter next occurring after the date upon which construction of the Facility is completed, WHICHEVER EVENT FIRST OCCURS, rent will be paid quarterly by Lessee to Owner, on the first day of each calender quarter, at the rate of $1,000.00, U.S. currency, per quarter, partial months to be prorated. The rent shall be $1,250.00, U.S. currency, per quarter- if there are more than one user of the Site. Furthermore, it is expressly agreed and understood by and between Owner and Lessee that should Lessee, for any reason other than pursuant to the terms of a subsequent written Addendum to the aforesaid Site Lease Agreement, fail to deliver the prescribed rent to Owner, then such Site Lease Agreement and all Addendums thereto shall automatically and without any notice from either party to the other shall terminate and be of no other - force nor effect, and Lessee shall have no liability to Owner for any rent. In the event of such termination as aforesaid, Lessee shall, within Ten (10) days of the date thereof, cause to be recorded in the Office of the Clerk of the Frederica: County Circuit Court, at Lessee's sole expense, a MEMORANDUM OF RELEASE AND TERMINATION AS TO SITE LEASE AGREEMENT." All terms and conditions of the above-mentioned Site Lease Agreement that are not expressly modified by the terms of this Addendum hereby are ratified and reconfirmed. This Addendum applies to and binds the heirs, successors, executors, administrators and assigns of the parties hereto; it is governed by the laws of the Commonwealth of Virginia; it (and the aforesaid Site Lease Agreement, as amended and modified hereby) constitutes the entire agreement between the parties and supersedes all prior agreements; any frn-ther amendment to said Agreement and/or this Addendum Page 3 of 5 E. EUGENE GUNTER ATTORNEY AT LAW THE KENT BUIMING If TH KENT ST. &FSTER, VA. 22601 thereto must be executed by and on behalf of both parties; and that execution hereof by Facsimile Transmission shall be equally effective to an original signature. WITNESS THE FOLLOWING SIGNATURES AND SEALS: "OWNER" Winchester -Frederick County Conservation Club, Inc By - DAVID A. FAHNESTOCK Its President 1118 Martinsburg Pike Winchester, Virginia 22603 STATE OF VIRGINIA CITY OF WINCHESTER, to wit: "LESSEE" Shared Towers, Inc. ((r By:_ KAMAL C. DOSIII Its President 6501 Sandy Knoll Ct. McLean, Virginia 22201 The foregoing Addendum to Site Lease Agreement was acknowledged before me in my said jurisdiction by DAVID A. FAHNESTOCK, President of Winchester - Frederick County Conservation Club, Inc., a Virginia corporation, (Owner) on behalf of said corporation, this day of November, 2002. My commission expires: (Affix Notarial Seal) NOTARY PUBLIC Page 4 of 5 EUGENE GUNTER ATTORNEY AT LAW THE KENT BUMMING IF TH KENT ST. +ESTER, VA. 22601 STATE -OF VIRGINIA CITY/�OLINTY:OF ► F'.�r_- �� to wit: - The foregoing Addendum to Site Lease Agreement was acknowledged before me in my said jurisdiction by KAMAL C. DOSHI, President of Shared Towers, Inc., a Virginia corporation, (Lessee) on behalf of said corporation, this _(0_4) day of November, 2002. My commission expires: i'e 0 Y-uav2i Zcl. 2_a-> (Affix Notarial Seal) NOTARY UBLI. Page 5 of 5