HomeMy WebLinkAbout03-02 Comments (2)I
October 18, 2002
Mr. David C. Stewart
McGuire Woods LLP
1750 Tysons Boulevard, Suite 1800
McLean, Virginia 22102-4215
FILE COPY
COUNTY of FREDERICK
Department.of Planning and ]Development
5401665-5651
FAX: 540/665-6395
RE: Conditional Use Permit #01-02, Cold Spring Tower
Conditional Use Permit #02-02, Acorn Hill Tower
Conditional Use Permit #03-02, Hunting Ridge 'Power
Dear Mr. Stewart:
Please be advised that the County intends to place the three applications referenced above on the
Frederick County Board of Supervisors' December 11, 2002 meeting agenda. Previous action on
these applications had been deferred per your request of March. 25, 2002. As noted in a letter to you
dated March 29, 2002, it is the County's intent to act on these applications prior to their December
21, 2002 -submission date anniversary.
I would request that you submit any additional information pertinent to these applications to the
Planning Department by November 13, 2002. Please contact me with any questions regarding these
applications.
Director
AICP
ERL/kac
cc: John R, Riley, Jr., County Administrator
UAEric\Common\CLJP\Triton Tower Reschedule.wpd
1.07 I-Torth beat Street a Winchester Virginia 22601-5000
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
March 29, 2002
Mr. David C. Stewart
McGuireWoods LLP
1750 Tysons Boulevard, Suite 1800
McLean, Virginia 22102-4215
RE: Conditional Use Permit #01-02, Cold Spring Tower
Conditional Use Permit #02-02, Acorn Hill Tower
Conditional Use Permit #03-02, Hunting Ridge Tower
Dear Mr. Stewart:
I am in receipt of your letter, dated March 25, 2002, regarding the above -referenced Conditional Use
Permit applications. In your letter, you restate your client's desire to continue an indefinite deferral
of the Conditional Use Permits (CUPS).
These three CUP applications were originally submitted to the County on December 21, 2001. The
County will continue to defer action on these applications, per your request. But, I would bring to
your attention, the County's intent to act on the applications prior to the applications' one-year
anniversary. Therefore, action will be taken on these applications prior to December 20, 2002.
I understand the yellow public hearing signs are still on display at each of the tower sites. Since
these CUP petitions have been deferred, I would suggest that you remove the signs from public view.
Our office has continued to receive inquiries regarding the petition; the inquiries are generated by
the signs on display. Once these petitions are placed back on the Board of Supervisors' agenda, the
signs could be appropriately returned to the sites for display.
Please contact me with any questions.
Deputy Director
[CP
ERL/bah UAEric\Common\CUP\Triton Tower Request for Deferral.wpd
107 North Kent Street • Winchester, Virginia 22601-5000
McGuire Woods LLP
1750 Tysons Boulevard
Suite 1600
McLean, VA 22102-4215
Phone: 703.712.5000
Fax: 703.712.5050
www.mcguirewoods.com
David C. Stewart
Direct: 703.712.5433
''4vic(i IR p ([f g iR a
March 25, 2002
Eric R. Lawrence, AICP
Deputy Director, Department of Planning and Development
County of Frederick
107 North {lent Street
Winchester, VA 22601
RE: Triton PCS (d.b.a. SunCom AT&T)
Update on Route 522 Telecommunications Sites
Dear Mr. Lawrence:
dstewai I@incguirewoods.corn
Direct Fax: 703.712.5293
I am writing on behalf of Triton PCS (d.b.a. SunCom AT&T)("SunCom") to update you on
the status of SunCom's planned expansion of its telecommunications network out the Route 522
corridor and to advise you that SunCom desires to continue the indefinite deferral of its
conditional use permit applications related to the Route 522 expansion.
Unfortunately, SunCom has decided not to expand its telecommunications network out
the Route 522 corridor during 2002, as was originally planned. The substantial capital
investment required for SunCom's 522 expansion would not be prudent at this time given the
inefficiencies of the network that would be established by deploying SunCom's antennas on the
recently approved towers in the 522 corridor. Weighed against other requests for the same
capital resources, the resulting network simply would not adequately achieve SunCom's short-
term and long-term coverage objectives for the 522 corridor.
Each year, SunCom must allocate its expansion resources among the competing
markets i it_- � Iti sta c t. !ec�+ tilo �+ t'Non. 'Sjui. I
n Ic.� iw �-.�aWt�. lc lG l.\.fi i �I i lulilia llvnJ i IC.lYY vl tt. ..rUi I�iJrn s expansion, decisions IJ al C
driven by the relative short-term and long-term efficiencies of the competing proposals for
network expansion. Any proposed expansion must interface as seamlessly as possible with the
existing network and must also be internally seamless so customers can place, receive and
maintain calls throughout the key service areas of the network. Likewise, a proposed expansion
must also be designed to accommodate seamless future expansion - the design of a current
network expansion cannot ignore its interface with potential future expansion. As we discussed
with you, the Planning Commissioners and the County Supervisors over the last few months,
SunCom's use of the approved Shared Towers structures alone will not provide the requisite
seamless network (either as part of the current network or in connection with future expansion).
In a higher -volume market, deploying a less than optimal network might make sense, but not in
the current Frederick County market. Therefore, it was decided to allocate those resources to
other areas within SunCom's current network.
March 25, 2002
Page 2
SunCom and SBA Properties; Inc. ("SBA") request that Conditional Use Permit
applications 01-02 (Cold Spring Tower Telecommunications Facility), 02-02 (Acorn Hill Tower
Telecommunications Facility) and 03-02 (Hunting Ridge Tower Telecommunications Facility)
remain indefinitely deferred until further notice. Please advise if you require any additional input
from us to maintain the active status of these deferred applications until SunCom can revisit
potential expansion of its telecommunications network in the Route 522 corridor.
Finally, SunCom, SBA and I would like to thank you, Kris Tierney and your staff for all of
your time and effort regarding this matter over the last few months. We regret that SunCom is
unable to extend its telecommunications service to the Route 522 corridor at this point in time,
but we hope to be able to revisit this issue with you in the not too distant future.
Thank you again for your attention to this matter and please call me if you require any
additional information.
Best regards,
David C. Stewart
cc: Frederick County Board of Supervisors
Frederick County Planning Commission
Kris Tierney, Assistant County Administrator
Mr. Dale Finocchi, SunCom AT&T
Mr. Frank Shortall, SunCom AT&T
Mr. David Whitacre
Gary and Rozella Feltner
Jackie and Marie Roberts
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Letter February 23, 2002 Cross Junction Tower
Subject: Letter February 23, 2002 Cross Junction Tower
Date: Tue, 26 Feb 2002 15:58:01 -0500
From: "Kamal Doshi" <kdoshi@sharedtowers.com>
To: <goch@visuallink.com>
CC: <ginaf@visuallink.eom>, <sreyes@visuallink.com>, <rshickle@shentel.net>,
<gkriz@visuallink.com>, <ewyatt@co.frederic.va.us>,
"Eric Lawrence" <elawrenc@co.frederick.va.us>, <lwfarm@shentel.net>,
Qtyler@adelphia.net>, <msmith@greenwayeng.com>
Dear Mrs. Gochenour,
Thank you for your letter, and especially for a lovely earthday poem, which I will share with my
daughter who likes to sing.
To answer your questions..
Middle of site:
Landowner owns three adjoining parcels and tower is placed at a high point in the middle of all
the three parcels to maximize the distance from other neighbors, road, etc.
Distance from Collins Property:
The tower was previously approved by the Planning Commission and the Board of
Supervisors to be placed at a location 220' away from the "horder" of Mrs. Collins
property. The tower will remain 220' away from the border of Collins property.
The other neighbors to the property is a business parcel with gas station, market, and post
office. Accross the street there is a manufacturing parcel with a canning facility.
Shielding of base of tower:
Mrs. Collins does not live on the property, there is a rental home on the Collins property,
which is quite a distance further away from the border, so you would add the 220' distance to
the border and the distance from the border to the Collins rental house to see how far the
tower will be from the tenant's view.
The plan is for the base to be shielded by a privacy wood fence on the side facing Collins
rental house. There are existing small trees lining the border, and the fence will likely not even
be seen from the Collins property.
The increased height will benefit residents on both sides of Route 522 as signals will reach
farther.
Birds:
I have not kept up with the issue of effect on migratory birds, it applies to very tall "guyed"
towers for radio and television broadcast stations. Our tower is short as towers go, and does
not have guy cables.
You may not be aware that a competing tower company continues to have plans to seek
Board approval for another tower less than a mile from our tower, we are hoping that with the
increased reach of this tower, they will not push for that tower.
I trust that the above will answer your questions and the concerns raised by Mrs. Collins.
Kamal Doshi
1 of 1 2/27/2002 10:43 AM
EEu-27-2002 07:41 P.M Shared Towers 7036232654 1 253 423 38@@ P.cat
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Consultant �_�. Box 3106
V'i,dalI ( /�A
,enchast�,i;
er, fi�ir'ffa lo6J�
Education Speciailst T - (%2-29-319-
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Febillary 23, 2002
Mr. Baal Doshi v '_
al red T Ovvea s' Inc, �i ;'�
McC,iedri, 7 A 22101
Dear Mr. OasN:
It was ve ;y Y`Vi i miectir* you the other night at our Frederick l.ounty Piannir1g Commission
meeting. 1 did truly appreciate your gentlemanly approach to my questions receding the yevisp
(? `Ciotti Use Pe-Q�Cros9 �tet10 To4uer, As ] inpca! ed to 11in11 1. Asn ae'>';bbr
of the FCPC and had not been involved in the initial proceedings regarding VOW rcauest to place a
lattice -type telecomrnunicatiorms fwility on property 11) Number l g A-1 g, I did; however, go ow
to the site or, Tuesday naorning in prirpFiration ioi Wednesday tgiit's meeting, and had an
opportunity to timet two members of Mrs. Collins' family. As you know, site is the property
owner adjacent to the land on which you are proposing to erect your tower. They are rural
residents of Frederick County, and they expressed very deep concerns regarding this proposed
mostly osily in reference to "quality of life" issues.
Without, h-avia4q_ it map, I could not detem ine what was meant by my Review notes, `The applicant
has attempted to place the facility in the middle Qf the site (property under common ownership),
maximizing the structural setback."It appears to me to be very close to Mrs. Collins property, the
road, and a small village. Would you please clarify this point fox me?
I am a U&Iong resident of the 11 JinchesterlFrederick County area, residing in my present home for
forty years, When my husband and I built our home, it was "out in the country," I enjoyed the
sounds of nature such as birds, crickets, and frogs. Now, the tractor trailer sounds of 81 roar
through my backyard. Many of the surrounding wet"s have inn filled iri, so i don't hear the
flogs anyrnore. As a result of art this mtirunade noise, I could have, withdrawn from this turmoil
into the pence and silence of my home. however, I chose to adapt to my natural environment by
placing stone shaped speakers into my flower gardens allowing tranquil music to float upon the
breeze.. This does not drowned out the truck noise completely, but I'm working on itl This past
summer, I had a small pond installed at the back of my yard, and then in the fall friends stocked it
with tiling frogs, With great delight, I'm anticipating that I will hear the "Spring Peepers" this year.
The purpose of the above information is to ask one simple question, As you pursue your quest to
install a communication tower in what is now a very rural area of Frederick Comity, are you
willing to work with the local residents of that small community, such as Mrs. Collins, on " quality
of life issues"? This could be something as simple as adding additional landscaping such as
planting lots of trees to screen the view of the base of your tower from Mrs. Collins" deck. I am
FES -27-2002 07:42 AM Shared Towers 7036282654 1 253 423 3800 P_02
Well aware of the fact that the residents of The- Su -t want !hie to:v- 'bl t :* :,rot in their
backyard. 1 aim well aware the battle crY of growth, but every person needs to ha i- a mfgr
to keen a Positive 2ttitude, and 10 rFitCtiS'r> the ¢;yep��mq gg yi, q''1 Liv q 3ia3:i i3 :iii A�►ii�i y. i1`3iS
will results in the whoi;. team winning the game. u
On a personal note, as an environmentalist, has the field of Telecornrnunications addressed the
issue of towers bei a in the pathway of migratory birds? This has been a serious P1,03>lem facing
our nation as thousands of these birds have -been killed over the 6-st decadc as inert an 11 r
these towers have been erected, Has there been a device Ln -vented which can h:. ad&d to then:
towers 44 6 s ^ grl� `�Fo%sFi tis il? � transit0ry birds, and if so, w:ll your towev have such an
apparat ? If you have any information on this topic, I wish you would please share it with me.
I have taken the liberty of including a copy of my poem, l Dop't Do'Hear t Flogs Agy=re I wrote
this poem as part of an Earth Day celebration in the spring of 95, but the message is still clear
today which is asking all of us to be good stewards of Cod's creation.
Looking forward to hearing from you at your earliest convenience.
Patricia W. Gochenour, . lanninR Commissioner:
Red Bud District: Frederick County
cc:
iyiiia,. Forrester, Supervisor Iced laud District
Sid A. Reyes, Supervisor Gai-nesboro District
Richard C_ Shickle, Chairman- At Large
George J. Kriz, Pltamling Coms:"sioner: Gair:esboro District
Charles E. Triplett, Planning Commissioner: Gainesboro District
Jearlden Collins, Land Owner
Evan Wyatt, Director of Planning/ Frederick County
EEB-2i-2002 "--:42 AM Shur ed Tawpr s :036282654 1 253 423 3800 R. OF,
�� Consultant P.O. Box 3106
P-jWinchester, Virginia 22604
LEducation Specialist ieleghone: (644) 66? -1_939
I DON'T HEAR THE FROGS ANYMORE
My garden sof Eden is where the Shamm a w1a",
where the great elk roamed and Washington rude.
The rains still come and the winds still. blow,
but I don't near the frogs anymore.
Ole, my Wan rel Cr r, All-BowafW, Great Spirit,
do you hear the cries of Mother Rarth7
She is seeking stewards and counsel
tp help her return to prior glory and worth.
My gar den of Eden is when .in tfie spring
the daylight lingers and robins sing,
'"ere butterflies dance and tulips nod,
but I don't hear the frogs anymore.
A springtjnte Chorus is singing off key
t�c frog section I no longer see,
ne choF loft pond has disappeared,
Because untuned man didn't listen of hear.
Some men ary attempting ail erode God °s 4aws
its they build their empires of stone.
But no rpatter how foolish or thoughtless this seems
I
oodness and right stand not alone.
For east of the Barden �o[Eden, He piaws the Chervbkn
a flaming sword 'turns to guard the way
to the tree of life again.
The winds will blow the dust of time into the hands of God,
and all will bear, " I must begin anew".
as -He knwis, upon 4w sod.
Patsy Wheeler Gochenour
April 1995
McGuireWoods LLP
1750 Tysons Boulevard
Suite 1800
McLean, VA 22102-4215
Phone: 703.712.5000
Fax: 703.712.5050
www.mcguirewoods.com
David C. Stewart
Direct: 703.712.5433
r-
February 11, 2002
VIA FACSIMILE AND HAND DELIVERY
Eric R. Lawrence, AICP
Deputy Director, Department of Planning and Development
County of Frederick
107 North Kent Street
Winchester, VA 22601
dstewart@mcguirewoods.com
Direct Fax: 703.712.5293
RE: Request for Deferral of Board of Supervisors Hearing for
Conditional Use Permit #03-02, Hunting Ridge Tower Telecommunications
Facility
Dear Mr. Lawrence:
On behalf of my clients, Triton PCS (d.b.a. SunCom AT&T) and SBA Properties, Inc., I
am writing to request an indefinite deferral of the above -referenced application.
Thank you for your attention to this matter and please call me if you require any
additional information.
Sincerely,
David C. Stewart
cc: Mr. Dale Finocchi, SunCom AT&T
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ac E B 13 2002
Pi', OF Pi nlvrvinlr;inrvGl C?P��r
December 21, 2001
Frederick County, Virginia
Planning Commission and Board of Supervisors
107 North Kent Street
Winchester, Virginia 22601
RE: Request for Conditional Use Permit Approval for a
Telecommunications Tower
T[unting Ridge
4048 North ,Frederick Pike
Winchester, Virginia 22603
Dear Board Members:
SBA Properties, Inc. (SBA) and Triton PCS (d.b.a. Suncom and will be referred to herein
as Suncom) respectfully requests conditional use permit approval for a proposed
telecommunications tower facility located on the above-mentioned property. The
proposed 195 -foot high tower will consist of a monopole -type structure as required for
new telecommunication towers in Frederick County. In August of this year, this site was
selected by Suncom's radio-frequency engineers to fill a coverage void and efficiently
expand Suncom's network in Frederick County. The proposed facility in conjunction
with Suncom's existing and proposed network will enable Suncom to provide reliable
service to the entire Route 522 corridor from Winchester to Whitacre. (See attached Site
Lease Acknowledgement and Propagation Maps). Suncom proposes to install twelve
(12) telecommunications antennas. The antennas and proposed lightning rod will
increase the height of the structure to no taller than 199 feet. The proposed location and
height of the antennas is sufficient for the radio signal to clear any obstructions such as
trees and hilly topography to provide dependable coverage to the intended area. The
tower design is of sufficient size to allow up to five commercial providers to co -locate
equipment on the tower.
The subject property is located within Frederick County, Virginia on the east side of
Frederick Pike (Rte. 522), approximately 1/2 mile north of Hunting Ridge Road, also
known as Tax Map 30, Lot 116 in the Gainesboro District. The site contains
approximately 99.9 acres of land and is zoned "RA" (Rural Area District). The property
in question is heavily wooded with mature trees. The proposed tower location is within a
10,000 square foot leased area near the top of a very steep slope. There is a grade
SBA, Inc. a] 8401 Corporate Drive M Suite 560 0 Landover, MD 20785 01 (301) 731-5755 fax (301) 731-3955 ria www.sbasite.com
elevation difference of approximately 135 feet from the gravel access road at Route 522
to the proposed tower location.
Pursuant to Section 165-48.6, commercial telecommunication facilities located in the
"RA" district are permitted by conditional use permit approval in accordance with Article
III of the Frederick County Zoning Code.
In order to be approved, the standards set forth in Sectlon165-16 of the Frederick County
Zoning Code must be satisfied. The location and design of the proposed tower and
equipment shelter complies with all the standards contained within this section:
• The proposed telecommunications facility will be unmanned and, aside from its
visibility, will have little physical impact on natural land resources. The subject
property is a residential use and is surrounded by forests. The proposed use will not
change the character of the surrounding area. Furthermore, this low intensity use on a
low intensity parcel in the "RA" district adjacent to open parcels of rural land and
forests will not impose an adverse impact on the surrounding area. The facility will
generate no vibration, pollution, heat, glare or waste products.
There will be no adverse impact on the health or general welfare of the public
resulting from placement of the proposed tower. Extensive studies conducted by the
American National Standards Institute (ANSI) and the Institute of Electrical and
Electronic Engineers (IEEE) have revealed no known health risks associated with the
radio frequency energy emitted from Personal Communication Services (PCS) base
stations like the proposed communications facility. Additionally, the proposed
communications facility will be designed and manufactured in accordance with strict
Federal Communications Commission requirements. SBA has notified and made the
required applications to the Federal Aviation Administration (FAA) in order to ensure
that the proposed tower will not exceed FAA obstruction standards or constitute a
hazard to air navigation in the area.
• The tower structure is designed to withstand sustained hurricane force winds, and in
the unlikely event that sufficient force induces structural failure, the tower is designed
to collapse upon itself within a limited fall zone about the base.
• The proposed facility will not negatively impact property values. Additionally,
landscaped buffering will surround the facility.
• The design of the proposed communications facility is compact and not of a nature
that significantly alters the existing site character or impacts nearby properties. The
tower will be a galvanized gray finish. There will be no lights on the tower unless
required by FAA, which is not anticipated due to the height of the proposed structure.
The relatively small size of the equipment and enclosing compound and the low
intensity use make the unmanned communications facility compatible with the low
density character of the surrounding area.
• The unmanned communications facility is designed to operate automatically and
continuously. It will require no water or sanitary sewer services. As well, the
facility places no additional burden on schools, fire, or police services.
• There will be no increase in traffic as the facility will only require maintenance visits
approximately once a month and on an as -needed basis to repair malfunctioning
equipment. A proposed 20 -foot wide ingress/egress easement will be used to access
the compound and to provide for utilities.
The proposed communications facility meets or exceeds all principal structure
setbacks for the "RA" district. The proposed tower location on this site and the
distance from all property lines minimizes any visual impact on neighboring
properties.
Based upon the criteria discussed above, this use at this location will serve the growing
communication needs of the area while not adversely affecting the health, safety, and
general welfare of the citizens of Frederick County.
SBA believes that providing wireless communications to the citizens and visitors of
Frederick County in a climate where information and communication are key
components in enhancing convenience and safety. Furthermore, we believe from the
aforementioned analysis that the proposed tower is in harmony with the spirit and intent
of the Zoning Regulations.
Therefore, we respectfully request conditional use permit approval for this proposed
tower location. Thank you for your consideration. If you have questions or need
additional information, please call me at (301) 731-5755 or (301) 367-6219.
Sincerely,
SM PROPERTIES, INC.
arlton W. Gi ert
Project / Zoning Manager
ti,?TION & LAND LEASE
This Option and Land Lease, hereinafter referred to as
"Lease", is made the last day executed below by and between Jackie
M. Roberts and Marie S. Roberts, private citizens,
("Assignor/Grantor"), having an address of 4048 North Frederick
Pike, Winchester, VA 22603, Federal Tax ID or Social Security
Number 235-50-2701 (Jackie), 22848-6174 (Marie), hereinafter
referred to as "Lessor", and SBA Properties, Inc., a Florida
corporation, ("Assignee/frrantee"). having an office at Onc Town
Center Road, 'Third Floor, Boca Raton, Florida 33486, hereinafter
referred to as "Lessee."
1. The OutW.
(a) For the sum of
(the "Option Fee" ), to be paid to Lessor by Lessee upon execution of
this Lease and other good and valuable consideration, Lessor hereby
grants to Lessee the exclusive and irrevocable option for one (1) year
from the date hereof (the "Initial Option Period"), to lease the Leased
Space (as defined below) on the terms and conditions set forth below
(the "Option"). The Option may be extended for one additional
period of one (1) year, upon written notification to Lessor by Lessee
accompanied by the payment of (the
"Additional Option Fee"), delivered to Lessor prior to the end of the
Initial Option Period. The Initial Option Period, as it may be
extended, is referred to herein as the "Option Period."
(b) In the event the Additional Option Fee is not
made and/or written notice not delivered by the due date for the
same, then the Option will terminate and this Lease will terminate
and Lessor will be entitled to retain all previously paid sums as full
payment for the Option granted hereunder. However, if Lessor
accepts any Additional Option Fee, Rent and/or written notipe after
the due date for the same, then Lessee's failure to make timely
payment of the additional fee will be deemed waived and this Lease
will be reinstated. Upon Lessee's exercise of the Option, the Lease
which follows will take effect and Lessee shall be entitled to a credit
for all Option fees paid against Rent due under this Lease.
(c) During the Option Period, Lessee shall have the
right to enter the Owner's property to conduct tests and studies, at
Lessee's expense, to determine the suitability of the Leased Space for
Lessee's Intended use. The tests may include, without limitation,
surveys, soil tests, environmental assessments and radio wave
propagation measurements.
(d) Lessee may exercise the Option by delivery of
written notice to Lessor in accordance with the Notice Provisions
specified herein. Upon Lessee's exercise of the Option, the Lease
which follows will take effect,
2. Leased Space and Premises. Upon Lessee's exercise
of the Option, Lessor shall lease, and hereby leases, to Lessee
approximately 10,000 square feet of space as depicted in Exhibit A
attached hereto (the "Leased Spare") within the property commonly
known as 4048 North Frederick Pike, (Tax Parcel #: Map 30, Lot
116), Winchester, Frederick County, VA, with the legal description
set forth in Exhibit B attached hereto (the "Premises"). Lessor also
hereby grants to Lessee the right to survey the Leased Space at
Lessee's cost. Tice survey will automatically replace Exhibit A and
be made a part hereof. The Leased Space legal and access and utility
easement set forth in the survey will replace any parent parcel
description set forth in Exhibit B as soon as it becomes available. In
the event of any discrepancy between the description of the Leased
Space contained herein and the survey, the survey will control. The
Leased Space will be utilized to construct, support and operate a
wireless communications facility, including a communications tower,
antennas, cables, and related structures and improvements (the
Revised 06/06/01
Job Cost#/Search Area:34003-08097/Hunting Ridge
"Structures"), including the uses as permitted and described in
Section 11 of this Lease and for any other purpose with the Lessor's
prior written consent which shall not be unreasonably withheld or
delayed. Lessor grants Lessee the right to clear all trees, undergrowth
or other obstructions and to trim, cut and kcep trimmed and cut all
tree limbs, undergrowth, or other obstructions which may, in the
reasonable opinion of Lessee, interfere with or fall upon Lessee's
towel of any of Lessee's other improvements on the Leased Space.
3. Term. The initial term of this Lease will be five (5)
years from the "Commencement Date" specified below (in no event
shall this date be earlier than the date on which Lessee exercises the
Option) and shall automatically renew for up to five (5) additional
terns of five (5) years each unless Lessee notifies Lessor of its
intention not to renew prior to commencement of the succeeding
renewal term. The initial term and each successive renewal term
shall be referred to herein as the' Term."
4, t t The rent for the first five (5) years of the Term
will be per month (the "Rent"),
paid monthly in advance, which Lessee will pay to Lessor at the place
as Lessor will designate to Lessee in writing. If the Term does not
begin on the first day or end on the last day of a month, the Rent for
that partial month will be prorated by multiplying the monthly Rent
by a fraction, the numerator of which is the number of days of the
partial month included in the Term and the denominator of which is
the total number of days in the full calendar month. Beginning with
the sixth (6`'') year of the Term and every fifth (5'") year thereafter,
the then current monthly rental fee will be increased by fifteen (15%)
percent. Each such year shall commence on the corresponding
anniversary of the Commencement Date.
S. Trimss and E,aress. Lessor hereby grants to Lessee an
easement (the "Easement') for ingress, egress and regress over the
Premises adjacent to the Leased Space for construction, operation
and maintenance of the Structures on the Leased Space, and for
installation, construction, operation and maintenance of underground
and above ground telephone, telegraph, and power lines, in
connection with its use of the Leased Space. 'The term of this
Easement will commence upon exercise of the Option and will
continue until the last to occur of (i) expiration of the Term, or
(ii) removal by Lessee of all of its property from the Leased Space
after expiration of the Term. The location and configuration of the
Easement will be agreed upon by the parties within ten (10) business
days after the latter of Lessee's exercise of the Option, or Lessee's
approval of the survey. The Basement shall be included in any
recorded Memorandum or Short Form of this Lease. In addition, at
Lessee's request and expense, this Easement will be set forth in a
separate Easement Agreement which Lessor and Lessee agree to
execute and which Lessee will have recorded as an encumbrance on
the property of Lessor. In all events, the Easement and this Lease
shall be binding upon all subsequent owners, successors and assigns.
Lessee agrees that Lessor may, at Lessor's expense,
relocate the above described easements to another comparable
location on the Premises provided that: (a) Lessee receives no less
than sixty (60) days prior written notice thereof; (b) Lessee approves
the proposed new location of the easement, which approval will not
be unreasonably withheld or delayed; (c) Lessee's access and
beneficial use and enjoyment of the Leased Space is not interrupted,
obstructed or materially affected, and (d) the utility services to the
Leased Space are not interrupted.
6. Title and Ouiet Possession Lessor represents and
covenants that Lessor owns the Leased Space in fee simple terms,
free and clear of all liens, encumbrances and restrictions of every
kind and nature, except for those as set forth below.
Name of lienholder Type of Lien
Lessor represents and warrants that there are no matters
affecting title that would prohibit, restrict or impair the leasing of the
Leased Space or use or occupancy thereof in accordance with the
terms and conditions of the Lease. Lessor represents and warrants to
Lessee that Lessor has the full right to make this Lease and that
Lessee will have quiet and peaceful possession of the leased Space
throughout the term.
7. &bordinatioA Non -disturbance and Attornment,
(a) Lessee agrees that this Lease will be subject and
subordinate to any mortgages or deeds of trust now or hereafter
placed upon the Leased Space and to all modifications thereto, and to
all present and future advances made with respect to any such
mortgage or deed of trust; provided that, the holder of any such
instrument agrees in writing that Lessee's possession of the Leased
Space will not be disturbed so long as Lessee will continue to
perform its duties and obligations under this Lease and Lessee's
obligation to perform the duties and obligations will not be in any
way increased or its rights diminished by the provisions of this
paragraph. Lessee agrees to attorn to the mortgagee, trustee, or
beneficiary under any such mortgage or deed of trust, and to the
purchaser in a sale pursuant to the foreclosure thereof; provided that,
Lessee's possession of the Leased Space will not be disturbed so long
as Lessee will continue to perform its duties and obligations under
this Lease. Lessee's obligations hereunder are conditioned upon
receipt by Lessee, within ten (10) business days after Lessee's notice
of its intent to exercise the Option, or within ten (10) business days
after the date of creation of any future mortgages or deeds of trust, of
a Subordination, Non -disturbance and Attornment Agree6nt in
form reasonably acceptable to Lessee, from any holder of a mortgage,
deed to secure debt, or deed of trust to which this lease is, or will
become, subordinate.
(b) Lessee may from time to time grant to certain
lenders selected by Lessee and its affiliates (the "Lenders") a lien on
and security interest in all assets and personal property of Lessee
located on the Leased Space, including, but not limited to, all
accounts receivable, inventory, goods, machinery and equipment
owned by Lessee (the "Personal Property") as collateral security for
the repayment of any indebtedness to the Lenders. The Lenders may,
in connection with any foreclosure or other similar action relating to
the Personal Property, enter upon the leased Space (or permit their
representatives to do so on their behalf) in order to implement a
foreclosure or other action without liability to Lessor provided,
however, that (i) Rent is paid to Lessor during occupancy by or on
behalf of the Lenders for any purpose, (ii) the Lenders pay for any
damages caused by the Lenders or their representatives in removing
the, Personal Property from the Leased Space, and (iii) the Lenders
otherwise comply with the terms of this Lease. Lessor hereby agrees
to subordinate any security interest, lien, claim or other similar right,
including, without limitation, rights of levy or distraint for rent,
Lessor may have in or on the Personal Property, whether arising by
agreement or by law, to the liens and/or security interests in favor of
the Lenders, whether currently existing or arising in the future.
Nothing contained herein shall be construed to grant a lien upon or
security interest in any of Lessor's assets. To the extent required by
the terms of this Lease, Lessor consents to any grant by Lessee to any
Lenders of a lien on Lessee's leasehold interest in this lease. In the
event Lessor gives Lessee any notice of default or termination of this
Lease (or commences any legal process relating thereto), Lessor will
endeavor to simultaneously give a duplicate copy thereof to the
2
Revised 06/06/01
Job Cost#/Search Area: 39003-08097/Hunting Ridge
Lenders but shall incur no liability due to Lessor's failure to give
such notice and the failure to give such notice shall not limit Lessor's
ability to exercise any remedies available to Lessor tinder this Lease.
Lessor agrees to accept performance on the part of any of the Lenders
or their agents or representatives as though performed by Lessee to
cure any default or condition for termination. The terms of this
paragraph may not be modified, amended or terminated except in
writing signed by the Lenders. Lessor has hem made aware that
Lessee has entered, or may enter into a certain loan agreement and
such Iender shall be considered the lender for purposes of this
paragraph and is, together with its successors and assigns, intended
third party beneficiaries hereof and any notices to any Lenders
required or desired to be given hereunder shall be directed to such
lender, or Lessee shall designate in writing or at such other address as
such party shall specify.
8, Governmental Approvals and Compliance During
the Term, Lessee will make reasonable efforts to comply with all
applicable laws affecting Lessee's use or occupancy of the Leased
Space, the breach of which might result in any penalty on Lessor or
forfeiture of Lessor's title to the Leased Space. Lessee will not
commit, or suffer to be committed, any waste on the Leased Space.
Lessor agrees to fully cooperate with Lessee in order to obtain the
necessary permits for construction and use of the Leased Space for a
communications tower (the '"Cower") site, including, but not limited
to, zoning approvals/permits and building permits. Lessor agrees not
to take any action that may adversely effect Lessee's ability to obtain
all of the necessary permits required for construction of the site.
Lessee will obtain any necessary governmental licenses or
authorizations required for the construction and use of Lessee's
intended Tower and other structures on the Leased Space and will
furnish copies of same to Lessor as same are issued.
9. Assignment and Subleasing Lessee may sublet all or
part of the Leased Space or may assign or transfer this Lease in whole
or in part without Lessor's consent. Upon such assignment, Lessee
shall be relieved of all future performance liabilities and obligations
under this Lease.
10. Notices. All notices, demands, requests, consents,
approvals and other instruments required or permitted to be given
pursuant to this Lease will be in writing, signed by the notifying
party, or officer, agent or attorney of the notifying party, and will be
deemed to have been effective upon delivery if served personally,
including but not limited to delivery by messenger, overnight courier
service or by overnight express mail, or upon posting if sent by
registered or certified mail, postage prepaid, return receipt requested,
and addressed as follows:
To Lessor: Jackie M. and Marie S. Roberts
4048 North Frederick Pike
Winchester, VA 22603
Phone # - (540) 678-5548
To Lessee: SBA Properties, Inc.
One Town Center Road
Third Moor
Boca Raton, Florida 33486
Attn: Site Administration
Phone # - (561) 995-7670
The address to which any notice, demand, or other writing may be
delivered to any party as above provided may be changed by written
notice given by the party as above provided.
11. Lessee Improvements. Lessee has the right, at its sole
expense, to make the improvements on the Leased Space as it may
deem necessary, including any improvements necessary for the
construction and operation of the Tower and the other Structures.
Lessee will be responsible for the cost of any site preparation work
necessary to prepare the Leased Space to support the Structures. All
Lessee's improvements, including but not limited to the Tower,
prefabricated buildings, generators, fencing, and any other Structures
will remain the property of Lessee. The Tower and Structures may
be used for the transmission, reception and relay of communication
signals, including, without limitation, radio frequency signals. Upon
termination of this Lease, Lessee will, to the extent reasonable,
restore the Leased Space to its original condition at the
commencement of this Lease, except for ordinary wear and tear and
damages by the elements or damages over which Lessee had no
control. Lessee and Lessor agree that it will not be reasonable to
require Lessee to remove any improvements contemplated hereunder
which are permanent in nature, including but not limited to,
foundations, footings, concrete, paving, gravel, vegetation and
utilities.
12. Insurance. Lessee - Lessee, at all times during the
term(s) of this Lease, will maintain in full force a comprehensive
public liability insurance policy covering all of its operations,
activities, liabilities and obligations on the Leased Space, having
limits not less than One Million Dollars ($1,0W.000). On or before
the commencement date, Lessee will give Lessor a certificate of
insurance evidencing that such insurance is in effect. Lessee shall
deliver to Lessor a renewal certificate evidencing that such insurance
is in effect within ten business days of Lessor's request for such
certificate. The insurance policy shall be issued by an insurance
company authorized to do business in the state in which the leased
Space is located and shall provide thirty days prior written notice to
the lessee of any cancellation of such policy. Any insurance
required to be provided by Lessee may be provided by a blanket
insurance covering the leased space and other properties by Lessee
provided that such blanket insurance policy complies with ail of the
other requirements with respect to the type and amount of insurance.
13. Operating Expense. Lessee will pay for all water,
gas, heat, light, power, telephone service, and other public utilities
furnished to the Leased Space and used by Lessee throughout the
Term hereof, and all other costs and expenses of every kind
whatsoever in connection with the use, operation, and maintenance of
the Leased Space and all activities conducted thereon.
14. Taxes. Lessee will pay any personal property taxes
assessed on, or any portion of the taxes attributable to the Structures.
Lessor will pay when due all real property taxes and all other fees
and assessments attributable to the Leased Space, However, Lessee
will pay, as additional Rent, any increase in real property taxes levied
against the Leased Space which is directly attributable to Lessee's use
of the Leased Space, and Lessor agrees to furnish proof of the
increase to Lessee.
15. Maintenance, Lessee will use best efforts to maintain
the Leased Space in good condition and state of repair. Except
insofar as Lessee is made responsible by this Lease, Lessor will
maintain the premises surrounding the Leased Space in good
condition and state of repair.
16. Hold Harmless, Lessor will be held harmless by
Lessco from any liability (including reimbursement of reasonable
attorneys' fees and all costs) for damages to any person or any
property in or upon the Leased Space at Lessee's invitation, or for
damages to any person or property resulting from the actions of
Revised 06/06/01
Job Cost#ISearch Arca. 39003-08097/Hunting Ridge
Lessee (including damages caused by or resulting from the existence
of the Structures) on the Leased Space, unless the damages are
caused by, or are the result of, the misconduct or negligence of
Lessor or any of Lessor's agents, servants, employees, licensees or
invitees. Notwithstanding any provisions herein to the contrary, it is
understood and agreed that all property kept, installed, stored or
maintained in or upon the Leased Space by Lessee will be so
installed, kept, stored or maintained at the risk of Lessee. Lessor will
not he responsible for any loss or damage to equipment owned by
Lessee which might result from tornadoes, lightning, wind storms, or
other Acts of God; provided, however, Lessor will be responsible for,
and agrees to hold Lessee harmless from any liability (including
reimbursement of reasonable legal fees and all costs), for damages to
any person or any property in or upon the Leased Space arising out of
the misconduct or negligence of Lessor or any of Lessor's agents,
servants, employees, licensees or invitees. Except for willful
misconduct, neither Lessor nor Lessee will in any event be liable in
damages for each other's business loss, business interruption or other
consequential damages of whatever kind or nature, regardless of the
cause of the damages, and each party, and anyone claiming by or
through them, expressly waives all claims for the damages.
17. Termination Rights.
(a) Lessee may terminate this Lease, at its option,
after giving Lessor not less than sixty (60) days prior written notice
to cure, if: (i) any governmental agency denies a request by Lessee
for a permit, license or approval which is required for Lessee to
construct or operate the Structures on the Leased Space or any such
permit is revoked; (ii) Lessee determines that technical problems or
radio interference problems from other antennas or from nearby radio
transmitting facilities, which problems cannot reasonably be
corrected, impair or restrict Lessee from using the Leased Space for
Lessee's intended purpose; (iii) Lessee determines that it does not
have acceptable and legally enforceable means of ingress and egress
to and from the Leased Space; (iv) Lessor does not have legal or
sufficient ownership of or title to the Leased Space or Premises or the
authority to enter into this Lease; (v) utilities necessary for Lessee's
contemplated use of the Leased Space are not available; (vi) the
Leased Space is damaged or destroyed to an extent which prohibits or
materially interferes with Lessee's use of the Leased Space or
Lessee's equipment and attachments thereto; (vii) the Premises now
or hereafter contains a Hazardous Material; (viii) Lessee is unable to
obtain a Subordination, Non -disturbance and Attornment Agreement;
(ix) a material default by Lessor occurs; (x) Lessor fails to perform
any of the material covenants or provisions of this Lease or if any
representation or warranty contained herein is found to be untrue;
(xi) the Leased Space is the subject of a condemnation proceeding or
taking by a governmental authority, or quasi -governmental authority
with the power of condemnation, or if the Leased Space is transferred
in lieu of condemnation (rent will be abated during the period of
condemnation or taking); (xii) the use of the site will not sufficiently
benefit Lessee economically or commercially; (xiii) if Lessee
determines, in its sole discretion, that it will not be viable to use the
site for its intended purpose; or (xiv) if Lessee determines, in its sole
discretion, that it will be unable to use the site for any reason. In the
event of termination by Lessee or Lessor pursuant to this provision,
Lessee will be relieved of all further liability hereunder. Any rental
fees paid prior to the termination date will be retained by Lessor. In
the event Lessor fails to perform its obligations under this Lease for
any reason other than Lessee's breach, Lessee may pumic all
remedies available at law and in equity. Lessor hereby acknowledges
that Lessee will incur significant expenses in reliance on this Lease
and therefore agrees to pay Lessee for all consequential damages
RN(31 NA I
which Lessec :will suffer as a result of Lessor's breach.
(b) Lessor may only terminate this Lease, at its
option, in the event of a material default by Lessee or Lessee's failure
to pay Rent when due, which default or failure is not cured within
sixty (601 days after Lessee's rec iat of written notice of such default
or failure. No such failure to cure a material default, however, will
be deemed to exist if Lessee has commenced to cure such default
within said period and provided that such efforts are prosecuted to
completion with reasonable diligence. Delay in curing a material
default will be excused if due to causes beyond the reasonable
control of Lessee.
18. F�.r cluslaitY. During the Term, neither Lessor, nor its
successors or its assigns, will use or suffer or permit another person,
corporation, company, or other entity to use the Premises or any
adjacent parcel of land now or hereafter owned, leased or managed
by Lessor, its successors or assigns, for the uses permitted herein or
other uses similar thereto.
19. Binding gn Successors. The covenants and conditions
contained herein will apply to and bind the heirs, successors,
executors, administrators and assigns of the parties hereto. Further,
this Lease will run with the land and all subsequent purchasers will
be subject to the terms and conditions specified herein,
20. Access to Leased SpagrXrernises, Lessee shall have
at all times during the Term the right of access to and from the
Leased Space and all utility installations servicing the Leased Space
on a 24 hours per day17 days per week basis, on foot or by motor
vehicle, including trucks, and for the installation and maintenance of
utility wires, cables, conduits and pipes over, under and along the
right-of-way extending from the nearest accessible public right-of-
way.
21. g9yerning_Law. The parties intend that this tease
and the relationship of the parties will be governed by the laws of the
State in which the Leased Space is located.
22. Entire Aerrement. All of the representations and
obligations of the parties are contained herein, and no modification,
waiver or amendment of this Lease or of any of its conditions or
provisions will he binding upon a party unless in writing signed by
that party or a duly authorized agent of that party empowered by a
written authority signed by that party. The waiver by any party of a
breach of any provision of this Lease will not operate or be construed
as a waiver of any subsequent breach of that provision by the same
party, or of any other provision or condition of the Lease.
23. Suryev and Testing. Lessee will have the right during
the term of this Lease (and the Option Period, if applicable) to
survey, soil test, and [Hake any other investigations necessary to
determine if the surface and subsurface of the Leased Space are
suitable for construction and operation of the Tower and other
Structures. If Lessee, prior to completion of the Structures
determines that for any reason the surface or subsurface of the Leased
Space is not suitable to construct and operate the Tower or other
Structures, this Lease, upon written notice given to Lessor prior to
completion of the Structures will become null and void; provided that
at Lessee's sole expense the Leased Space will be promptly restored
to the extent contemplated by the Lessee Improvements section above
and provided further that Lessee will deliver copies of all soil tests
and investigation reports to Lessor.
24. Oil Gas and Mineral Rights, Lessor does not grant,
lease, let or demise hereby, but expressly excepts and reserves here
from all rights to oil, gas and other minerals in, on or under and that
might be produced or mined from the Leased Space; provided,
however, that no drilling or other activity will be undertaken on or
Revised 06/06/41
Job Cost#/Search Area: 39003-08097/Hunting Ridge
beneath the surface of the Lensed Space or Easement Area to recover
any oil, gas or minerals. This Lease is given and accepted subject to
the terms and provisions of any valid oil, gas and mineral lease
covering the Leased Space or any part thereof, now of record in the
office of the County Clerk, provided, however, that any future oil,
gas or mineral lease covering the above-described lands or any part
thereof will be in all respects subordinate and inferior to the rights,
privileges, powers, options, immunities, and interests granted to
Lessee under the terms of this Lease.
25. Hazardous Waste.
(a) The term Hazardous Materials will mean any
substance, material, waste, gas or particulate matter which is
regulated by the local governments] authority where the Leased
Space is located, the State in which the Leased Space is located, or
the United States Government, including, but not limited to, any
material or substance which is (i) defined as a "hazardous waste,"
"hazardous material," "hazardous substance," "extremely hazardous
waste," or "restricted hazardous waste" under any provision of state
or local taw, (ii) petroleum, (iii) asbestos, (iv) polychlorinated
biphenyl, (v) radioactive material, (vi) designated as a "hazardous
substance" pursuant to Section 311 of the Clean Water Act, 33
U.S.C. '1251 et seq. (33 U.S.C, '1317), (vii) defined as a "hazardous
waste" pursuant to Section 1004 of the Resource Conservation and
Recover Act, 42 U.S.C. '6901 et seq. (42 U.S.C. '6903), or (viii)
defined as a "hazardous substance" pursuant to Section 101 of the
Comprehensive Environmental Response, Compensation, and
Liability Act. 42 U.S.C. '9601 et Seq. (42) U.S.C. '9601). The term
Environmental Laws will mean all statutes specifically described in
the foregoing sentence and all applicable federal, state and local
environmental health and safety statutes, ordinances, codes, rules,
regulations, orders and decrees regulating, relating to or imposing
liability or standards concerning or in connection with Hazardous
Materials.
(b) Lessor represents and warrants that, to the best of
Lessor's knowledge, (i) the Leased Space has not been used for the
use, manufacturing, storage, discharge, release or disposal of
hazardous waste, (ii) neither the Leased Space nor any part thereof is
in breach of any Environmental Laws, (iii) there are no underground
storage tanks located on or under the Leased Space, and (iv) the
Leased Space is free of any Hazardous Materials that would trigger
response or remedial action under any Environmental Laws or any
existing common law theory based on nuisance or strict liability, If
any such representation is in any manner breached during the Term
of this Lease (collectively, a "Breach"), and if the Breach gives rise to
or results in liability (including, but not limited to, a response action,
remedial action or removal action) under any Environmental Laws or
any existing common law theory based on nuisance or strict liability,
or causes a significant effect on public health, Lessor will promptly
take any and all remedial and removal action as required by law to
clean up the Leased Space, mitigate exposure to liability arising from,
and keep the Leased Space free of any lien imposed pursuant to, any
Environmental Laws as a result of the Breach.
(c) In addition, Lessor agrees to indemnify, defend
and hold harmless Lessee, its officers, partners, successors and
assigns from and against any and all debts, liens, claims, causes of
action, administrative orders and notices, costs (including, without
limitation, response and/or remedial costs), personal injuries, losses,
attorneys' fees, damages, liabilities, demands, interest, fines,
penalties and expenses, consultants' fees and expenses, court costs
and all other out-of-pocket expenses, suffered or incurred by Lessee
and its grantees as a result of (a) any Breach, or (b) any matter,
condition or state of fact involving Environmental Laws of
q@��NPNpyya���x��
Hazard a"., Materials which ce,..sted or, o arose, during term 01
ZLease and which failed to comply with (i) the Environmental
Laws then in effect or (ii) any existing common law theory based on
nuisance or strict liability.
(d) Lessor represents and warrants to Lessee that
Lessor has received no notice that the property or any part thereof is,
and, to the best of its knowledge and belief, no part of the Premises is
located within an area that has been designated by the Federal
Emergency Management Agency, the Army Corps of Engineers or
any other governmental body as being subject to special hazards.
(e) The covenants of this Section will survive and be
enforceable and will continue in full force and effect for the benefit
of Lessee and its subsequent transferees, successors and assigns and
will survive the term of this Lease and any renewal periods thereof.
26. Meehanfg's and Landlord's Liens. Lessee will not
cause any mechanics or materialman's lien to be placed on the
Leased Space, and Lessee agrees to indemnify, defend and hold
harmless Lessor from any such lien from a party claiming by, through
or under Lessee. Additionally, Lessor disclaims and waives any now
existing or hereafter arising Landlord's lien or other statutory or non-
statutory lien or security interest in Lessee's and/or its sublessees'
communication facilities, equipment, improvement, fixtures or other
Property.
27. Headines. The headings of sections and subsections
are for convenient reference only and will not be deemed to limit,
construe, affect, modify or alter the meaning of the sections or
subsections.
28. Time of Essence. Time is of the essence of Lessor's
and Lessee's obligations under this Lease.
29. Severability. If any section, subsection, term or
provision of this Lease or the application thereof to any party or
circumstance will, to any extent, be invalid or unenforceable, the
remainder of the section, subsection, term or provision of the Lease
or the application of same to parties or circumstances other than
those to which it was held invalid or unenforceable, will not be
affected thereby and each retraining section, subsection, term or
provision of this Lease will be valid or enforceable to the fullest
extent permitted by law.
30. Real Fsftte Broker. Lessor represents and warrants
that Lessor has not signed a listing agreement, dealt with or otherwise
agreed to pay a broker's commission, finder's fee or other like
compensation to anyone in connection with the lease of the Leased
Space or the transaction contemplated by this Lease and Lessor
agrees to indemnify and hold Lessee harmless from and against any
such claims or costs, including attorneys' fees, incurred as a result of
the transaction contemplated by this Lease.
31. Farther Amrances, Each of the parties agrees to do
such further acts and things and to execute and deliver the additional
agreements and instruments (including, without limitation, requests
or applications relating to zoning or land use matters affecting the
Tower or other Structures) as the other may reasonably require to
consummate, evidence or confirm this Lease or any other agreement
contained herein in the manner contemplated hereby. If Lessor fails
to provide requested documentation within thirty (30) days of
Lessee's request, or fails to provide any Non-Disturbance Agreement
required in this Lease, Lessee may withhold and accrue the monthly
rental until such time as all such documentation is received by
Lessee.
32. Right to Ree sister or Record. Lessee may request that
Lessor execute a Memorandum of Option and Land Lease,
Memorandum of Land Lease or Short Form of Lease for recording in
W
Revised 06/06/01
Job Cost#/Search Area: 39003-08097/Hunting Ridge
the public rp-cotds. Lessor agrees and authorizes Lessee to attach
and/or insert a certified legal description of the Leased Space, once
complete, to the Memorandum of Land Lease and record same in the
public records.
33. Interaretaflon. Each party to this '—ease and its
counsel have reviewed and had the option to revise this Lease. The
normal rule of construction to the effect that any ambiguities are to
be resolved against the drafting party will not be employed in the
interpretation of this Lease or of any amendments or exhibits to this
Lease.
34. Condenmatinn, Lessor shall fully advise Lessee in a
timely manner of all condemnation proceedings or prospective
condemnation proceedings in order that Lessee may fully protect and
prosecute its rights and claims relating to the Leased Space. If the
whole of the Leased Space shall be taken or condemned by, or
transferred in lieu of condemnation to, any governmental or quasi
governmental authority or agency with the power of condemnation
during the initial Option Period, Additional Option Period or Term of
this Lease, Lessee shall be entitled to any award based upon its
leasehold interest as set forth in this Lease, along with the value of all
Lessee's improvements, including, but not limited to, the Tower,
prefabricated buildings, generators, fencing and any other Structures
and for all of Lessee's other personal property, trade fixtures,
fixtures, moving expenses, business damages, business interruption,
business dislocation, prepaid Rent or other losses or expenses as may
be incurred. In the event only a portion of the Premises, which
portion does not include the whole of the Leased Space, shall he
taken or condemned by, or transferred in lieu of condemnation to any
governmental or quasi -governmental authority or agency with the
power of condemnation during the Initial Option Period, Additional
Option Period or Term of this Lease. Lessee shall have the option to
either: (1) terminate this Lease; or (2) continue in possession of the
property pursuant to the terms of this Lease with a proportionate
reduction in Rent equal to that portion, if any, of the Leased Space so
taken, condemned or transferred in lieu of condemnation. In either
event, Lessee shall he entitled to any award based upon its leasehold
interest in the portion of the Premises condemned, taken or
transferred in lieu of condemnation, along with the value of all
Lessee's improvements, including, but not limited to, the Tower,
prefabricated buildings, generators, fencing and any other Structures
and for all of Lessee's other personal property, trade fixtures,
fixtures, moving expenses, business damages, business interruption,
business dislocation, prepaid Rent or other losses or expenses as may
be incurred. Nothing contained herein shall prohibit Lessee from
making its own claims against any condemning authority for any
losses or damages Lessee shall incur as a result of a condemnation, or
sale in lieu of condemnation, of the whole or any portion of the
Premises.
35. Right of 1 1:Et RefusaL If at any time during the term
of this Lease, Lessor receives an irrevocable (except such offer may
be conditional upon the non -exercise of this right of first refusal)
bona fide written offer from a third person ("Offer'l to sell, assign,
convey or otherwise transfer its interest in the Leased Space and/or
Premises, which Lessor desires to accept, Lessor shall first give
Lessee written notice (including a copy of the proposed contract) of
such Offer prior to becoming unconditionally obligated. Lessee shall
have a period of thirty (30) days after receipt of Lessor's notice and
terms to accept the Offer and exercise its right of First Refusal by
notifying Lessor in writing. After thirty (30) days the Offer will be
deemed rejected -
36. Date of Lease. The parties acknowledge that certain
obligations of Lessor and Lessee are to be performed within certain the date on which they execute this Cease beneath their respective
specified periods of time which are determined by reference to the signatures in the space provided and warrant and represent to the
date of execution of this Lease. The parties therefore agree that other that such a date is in fact the date on which each duly executed
wherever the term "date of execution of this Lease," or words of his name,
similar import are used herein, they will mean the date upon which
this Lease has been duly executed by Lessor and Lessee whichever is COMMENCEMENT DATE: a date that see exercises its
the later to so execute this Lease, The parties further agree to specify Option.
IN WITINESS WIIFRF(1F, the partics hereto have executed /his L ----e on the last day and year spcciii%d Ijuivw. t
LESSOR: Jackie M. Roberts and Marie S. Roberts
arlk —
a kie M. Roberts
Title. Owner
Date: Al - .30�
Witness:
Print Name: c,�t �• `p>S
Print Name:
Notary Public:
I do hereby certify that Jackie M. Roberts, who is personally
known to tne, or who has proved by sufficient evidence to be
the person, named herein, personally appeared before me this
day and acknowledged the due execution of the foregoing
instrument.
W.tigpnature
d and seal thi �'.20QP of
�,�t,sian�xpitessAd
Not
$yA
Marie S. Roberts
Title: Owner
Date: /el — 30 — G /
Witness:
Print Name: t S • h)
Witness: w
Print Name: wbkktQ,
Notary Public:
I do hereby certify that Mark S. Roberts, who is personally
known to me, or who has proved by sufficient evidence to be
the person named herein, personally appeared before me this
day and acknowledged the due execution of the foregoing
instrument.
Witness my hand and seal this J day of
2001. iN00a
Iv'�`QuAl1i1(satt�;;},ite; t�tljusr3�
-_ - - -
Nota4 Signature
Revised 06/06/01
Job Cost#/Search Area: 39003-080971Hunting Ridgc_
LESSPE: S Properties, I;
By:
Alyssa Houlih
Title: DiirJrecto-7 f Leasing
Date:�(h -2/
Witness:
Print Nam=0.,
corporation
Print Name:
Notary Public:
I do hereby certify that Alyssa Houlihan, who is
personally known to me, or who has proved by sufficient
evidence to be the person named herein, personally
appeared before me this day and acknowledged the due
exec"n of the foregoing instrument.
Wi hand and seal thi� day of
00 .
Notary Signature v
6
Q
�� 8-nda J anion
*My Co"MV$81011 CCB51465
w rkp:r8e July 23 2003
EXHIBIT A
CurrentSketeh/Survev of the Leased Space within the PretaiM
(Lessor and Lessee agree that a leased area legal description and access and utility eascment can be substituted as soon as it becomes available).
% Lessors' 1ni[ia �s R
Revised #/Search sec's Initials
Job Cosh/Search Arca: 39003-0813971Hunting Ridge
a i'4 i4
6R'
EXHIBIT B
Lent Descrintion
Attach i.egal Description from Deed
(Lessor and Lessee agree that a teased area legal description and access and utility easement can be substituted as soon as it becomes available).
All of that certain tract of land, along the North side of the North Frederick
Turnpike, now designated as Route 522, near Hogue Creek, about nine miles from
the City of Winchester, adjoining the lands of Brown, Holland, and others, and
containing 102 acres, more or less, and being the same property conveyed to
Edgar J. Shirley and Sallie Shirley, his wife, by Decd dated April 9, 1951, of
record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in
Deed Book 219, at Page 1.
LESS AND EXCEPT 2.02 acres fronting Route 522, which property was
conveyed to the Commonwealth of Virginia, by Deed dated September 1, 1964, of
record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in
Deed Book 305, at Page 389.
The said property was conveyed to the Grantors herein by the Last Will
and Testament of Edgar J. Shirley dated May 22, 1987, said will being of record in
the Clerk's Office of the Circuit Court of the City of Winchester, Virginia, in Will
Book 107, at Page 170.9. Sallie Shirley predeceased the said Edgar J. Shirley.
Revised 06!06!0! 8 lesson' Initials /�
I` see's Initials
Job Cost#/Search Area: 39003-08097/Hunting Ridge
Triton Communications
Search Area Map
Search Ring ID: WC Ff 944
Search Ring Name: Hunting Ridge
Latitude: 39 15 12.7 N
Search Ring Released:
Phase# C5
SR in Design =
Longitude: 078 13 46.0 W
Quad Map: WHITE HALL Ground Elevation (ft)(AMSL): 1000 • 980 • 1000
Antenna Height (ft)(AGL): zoo 180 . 220
Target Height ( min max )
Site Objective:
Fo provide in -car coverage to Rt 522 northwest of Winchester.
RF Comments
Potential Candidate in Ring:
Existing Structure: Raw Land
RF Engineer:
WFI Submitted
Triton Accepted
SA Received:
Michael Mahoney
Date: S113 U
Date:
Date: / o
8/1/01 04:08 PM Prepared By: WFI
N
'• fes' - r -- '� • t �
.}rte
to
a� pr
�r ,-
F F � s}``�1 rP;r•
.S ..•-�
' f fie" 1 $ fiiy \]',y jj hcc '(VJ" � �• J{y.�/�{� �. \ "—•'�^1L.
sA ``
Fig
F � 4'..P' )� - � i � j '�•�J f � ` /moi � �ua,.�iy5 f i
�� � 1 ' � = .1 ��j� � .tea'- �`"—•' z .i` � �`��) f� .:�� �,� . �_. 1 fir[
Name: WHITE HALL Location: 039° 15'08-5- N 078. 13' 48.7' W
Date: 8/1/2001 Caption: Hunting Ridge
Scale: 1 inch equals 1000 feet
e untmg R! ige
vIT
WC 944
d°
Hollow
WC -R-944
t
Lake
9 199s Dd.oar,c Stree! Haas UJA� ry � - • � —
Z SSR 679
SITE LEASE ACXN
T1aas Bite L AchrWwledgmerd (the "SLA") is made this day of 2001, by and between
TRUON I" PROP RTY COMPANY t -t -C f"Tenant") and 8Bt5 PR6PERT S, INC. ("I.andtord^). as part
of that certain M&*er AW="C t (ft "At") by and betwca n the parties hereto, dated August 8, 2001.
Purm ant aswd mbject tothe .Agreement, Landlmd hereby leases that Portion of the site deacrrbecl below for the
installation, operation 7 maintenance of the fiAlowing wireless comnw6carions facility (the "Facility"):
1. The Facility s if consist of Tenant's fight to tense the portion of the Site on that certain parcel of property
located in the Cottttty f Frederick in the State of Virginia, more Particularly` 4=61)ed as a 100 feet by 100 tbet
pared containing MOW square firs situated at 4048 North Frederick Pike, Winchester, V*rds,
togs Cher with the roti elusive rials fbr. ingress and egress, severs days a wets twbrdy-fou hours a day. on foist or
motor vWcle, in -,Judi trucks, and for the kmallauon and nAmtenvwe Of utility wires, Poles; cables, corsduits and
pipe$ over, under or Ong a twelve (12) fbet wide right of way extending from the nearest public right of way,
North Fredest'ckPte, to the dernised. premises, said prertusi* and right of way for access being substantially as
desm''bed in Exhibit " " to the SLA attached hereto and made a part hereof In the evert any public utility is unable
to lyse the described naF way, Landlord hereby agrees to grant an additional right of way to Tenant at no cost to
Tenant_
2. Tenant shall I'lave the right to install amentias and equipment consislew with the spec7lfieations and in the
locatiow dwcaibed bel w:
errs 60
DAPA
Parol
5&210
Nurrid of
7'% a (12)
Nundw of ve disli es, if any,
N/A
Weight. and ofa�mta(s) (l.z'V1fxr7)_
1111; 54*1 x 6.3"
Tranarnimime mfr. Bt type no.:
coax
Diameter & h of tranimvWorr fine-
15/14"
Location Ofand mia�ovKave dishes if any (as
described in im, "2" attached hereto and
nodi: a part
t of s) an structtiue:
195'
I�uactioct
TBD
F'x>uxptr WOM dinreions (as described
in. Fsh;b:t " 3 hereto and made a part barest);
12' x 28'
PO" Output
TX: 1930-14do h* z
RC. 1850-1860 WU
Tenant resam the ri t to intaall and utilize the growid ate% and up to t wWe (12) aatenm and twelve (12) lines
Of coax as set fords in Agreement to Build to Suit and to Lease Dated August 8 2001.
3_ Tensor heat i..atdlonh tights in the SQe dative 't}orm a oarktht dated December 7, 2001
betwe�t I anddord and ac�cie M: Robefts and Marie S. Roberts, Private dbzmk Je er refrred to as the "Prime
Lease" Whitt ins to he as EAlbit "4" to the. SLA attacW hereto turd made a pati hweof. I.:andlord shah not
tettretirita the Prltne prior to the Owiratioe of its term or any wbwquem e�dension tertos without the e
w or gid of T end Landlord da exsseiw its riglft co extend ba team tof the Piftm nesse to awommodtge
Termnes use of the Sit% that Test timely a= aises its renewal riglua under Paragraph 4 of the AgmemcnL
4. The term of this SLA shall commewe on the date that LwOa d delivers to 'Tenant the clomp A
doomiewaaioaa set on Attachment A-14 of the DW(d-to-Suit Agrc+er M, dated. August ll, 2001 by and betwemt
Landlord and Twant (t "Comfit Date') as adrnmvledged by Tenant in the attached Exhibit "S".
88A SW 10: VAOW97_`1
QlnfenMtg Ridge
Trteon �e ID: MR 444E
TW— Qaf1 Wein.• WnlfeAe d7
S. The term this SLA is [wd
right to extend iho age livr three (3) wa V. five b5- ngon h rmhent Date- Tenant slta$ have
SM cOndfi 1003 a$ forth () Ywr Pods (eack a "Renewd Tam,.),m tUIewsarree terms
u" T"wum rtoti Each 5LA aJe. twtoneaticglly be Winded fbr ew, successive
`A_ suR pt �n Wert t<► -mnes� the 3►ecW,; SLA at leges sbrtY (60) d� a W T"
e°arns'.mcru of "'�
ys p•ior to
6. la�itto
hin (IS) busbien &,V-, of .Cwt
Resp WY toTenant Sw
as ;os ttte first day of each montb. the
tory' 8iac6 maeilt at tha
renar><h sCcoatli b* at at the aed Oribe Term p� mouth ("Keret). "Je
oft to =MAW of days � . to the curt t;€ .that. � ��� Temt sh�tl be prorgtod finr best
during the s Date by an aim cww a sr>rxst�,, . The Rmat. 'If be iF.XTeeftd on tftb
Of the Rent in effea
IN WrfMS
wrttiea above.
MA Site ID: VAOSM7
IF. tha parties hereto ieve
set their heteds and XMXMthem a stela the day 4W year. tiM
Rite
Triton pCs
Pr°perty C-011"nY L.L.C.
By. Tritest e4get Conn
Xnc.. its umnager
By
N � ASNAM
Title:: V"OF SMC
and OPERATIONS
MIO ANfICREGION
SBA PRohBIumI iNC.
BY: _
Nom. dYsss Haas"
Title: Dirwor of Leasing
Tdom Bias ep: WCR 944L
T'*— fin..-- A.d,,. a'
FLA ij
Hwy 522 Proposed SunCom ATT Network
ENGINEERS, INC.
December 20, 2001
Mr. Mark R. Cheran
Planner I
Department of Planning and Development
County of Frederick
107 North Kent Street
Winchester, VA 22601
Re: Hunting Ridge
File: 30259.001
Dear Mr. Cheran:
On December 18 and 19, 2001, Pete Wolf and Joe Iacovone visited a total of twelve historical sites within
a one mile radius of a proposed 199 -foot monopole located at 4048 North Frederick Pike, Winchester,
Virginia. The historical significance of these sites is undetermined at this time, however their locations
were obtained by research conducted by Pete Wolf at the State Historical Preservation Office located in
Richmond, Virginia. In order to determine if the proposed tower would be visible from the historic sites, a
six foot diameter helium balloon was floated to 199 feet and a digital photo was taken. The proposed
tower would be visible from three of the referenced sites. The view of the proposed tower from nine of
the sites appears to be obscured.
If you have any questions, or need further information, please don't hesitate to contact me at (804) 559-
2290 or email me at wolfpr@obg.com. Thank you and we appreciate your help in this matter.
Very Truly Yours,
O'BRIEN & GERE ENGINEERS, INC.
;.����
R. Peter Wolf
y
cc: Joe Iacovone
Pete Wolf
O'Brien & Gere Engineers, Inc., an O'Brien & Gere company
7502 Lee Davis Road / Suite 22 / Mechanicsville, VA 23111
(804) 559-2290 / FAX (804) 559-2207 • http:// www.obg.com
... and offices in major U.S. cities
t ,n ll"'r Inn 51 (fir" e
AVIATION SYSTEMS, INC.
(310) 378-3299 FA)CC (310) 791-1546
asi@aviati Onsystems.com
WWW.aviatlons stems.cOm
FAR PART 77 A1R$PACE
To. pate: Deco fllber
Rebecca Caraballo — 13 X001
SBA Network Services, lnc
5900 Broken Sound Parkway NW
Boca Raton, FL 33487
Location; f'luntingRidg�VA
Client Case No.: VA8097/Hu tin Rid e
ASI Case No.: Q1_p_rr�577
SUMMARY OF FINDINGS.-
There
INDINGS:There are no federal aviation regulatory or operational factors affecting this site, and proposed structure. At this
location any structure over 200 feet AGL will have to be filed with the FAA. A str6eture up to 500 fbet AGL should
receive a routine approval. Refer to Findings and Commant Section for additional information.
SITE DATA:
Proposed Structure: Antenna Tower
Coordinates: 390 –15' – 40. 3" /078 ° – IT -47,69" [NAD 271
39 ° – 15' – 40.80- /078 13'– 46,70 [NAD 631
Site Ground Elevatlon: �94' [AM3L]
Studied Structure Height nth Appurtenances): 199' [AOL]
Total Overall Height: 1083' [AMSLJ
StFARCH RSSUI,TS:
• Me n!arest Public use or military Or facility subieci to FAR Part 77 Is Winchester Ragtonat.
• The studied structun-is to ted 7.69 NMW46 713 feet Northwest f332'True) of the 16U_inchester Regional AlrpoR
Runway
Other Public or Private Airports or HglloQrts within 3 NMR None(lprintout a ed
• AM RaMg Statlon(s within 3 NM• 6a None mcodntout attached.
HI hli hted AM_q attAns if an on printmit re ' e mice der FC Ru 's a 012!! lRef • Q7 CFR 6 73.1882 .
UCL—�.`-4—GNJYJ.L A'd;CJ bbH, 1N(-.
561 995 7670 P.03/07
NASI Case No: 01-P-7557. 47
FINDI GS
• FAA Motic Ref.; FAR 77,1 a '1 • F A 7 19 a) 1 11 ill
Not requirod at studied heinht
❑ Re u'red at studi hei ht
The Nn Nnfiro Ma u h i ht is 200 feet AGL,
IM�oRY�Nr: Our report is Intended as a planning tool. If notice is required, actual site conatruction activities
are not advisable until an FAA Final Determination la issued.
of exceeded at studied heigh
❑ Excee a at to i di hta d Eended St ma e r aired.
Maximum n nexceedan a hei ht is 500 f et AGL.
• Marklna 0nd US—MMS fRaE- 8M 7017460-7K t:hans�e 11:
® Will not be rp,%ILred. (See Comments)
❑ Will be re ui ed at studied helc(htstructure exceeds:
❑ 200 feet AGL
❑ Obstruction Standards
0116rational Proce ureas (Ref.: FAR 77.23 (a) (3),(4); FAA Order 7400.29 FAA oder 8260,38)
_ of affected at Studied height (FA�4 s�iould issue a Deiermin®tion of No Haze�gL )
(See Comments)
�oncluslons/Comments;
For your planning purposes, thls site has been evaluated at your requetted height plus an additional
height up to and including 5WAGL. Proposed structures that would exceed 500' AGL rQquire the
FAA to conduct detailed extended studies and circularize the proposal for Industry comment.
Structures above SOW AGI. may bo impacted by hellcopter tow -level routes fixed -wing. aircraft
flyways, minimum vectoring altitudes, minimum GnMute altitudes and other operatlonal procedures.
ASI studies for structures above 500' AOL should be Separately reyuested.
FAA Eastern Region may require lighting/marking Of this structure because of its proximity to a major
roadway.
Actions:
with
DEC, -14-2001 14-2b bJJH, 1HU. 5b1 y7J (b (U r-. U41 U r
rrooav lype ofr nfV o7 Tn19 Fermi
�A. awron.r.rorn.wran Failure to Provide All ue9fed Iglhrmation May D®/ayPruoessinq of You. .t/ce Form �FOMFAA USE ONLY
f^ FKo,W Av�gaOEE+dM14Ydlnq Notice of proposed Construction or Alteration
— 0r 81ubr rd�R1�Y(
1. epoMoor (person, company, M. proposing thla stUon):
Attn. Of: Ed Roach / VA8097/1-lunting Ridge
SBA Neiwork,ervim, inc.
5900 Broken Sound Parkway NW
Boca Raton, FI. 33487
(561) 226-9256 fax (5611999-25174
2. SporM_or's Representative (if olherthan #1j:
Atin. Of: Gary Allen -7557,547
Aviation Systen)$, Inc.
23430 Hawthorne aoulavgrd, suite 200, Bldg. 3
Torrance, CA 90505-4720
(110) 378-3299 fax (310) T91.1s46
3. Notice of., Now CanarrucGOn ❑ Alteration ❑ Edcting
4. Duration: ® Permanent ❑ Temporary (_ months, — da)s)
5, Work Schedule: Beginning: ASAP End:
6. Type: 2 Antenna Tower ❑ Crane p Bullding ❑ Power Lino
❑ Landfill ❑ Water Tank [] Other
7. Marking/Palnting and/or Lighting Preferred.
❑ Red Llghts and Paint ❑ Dual -Red and Medium Intensity White
D White- Medium intensity ❑ Dual- Red and High Intensity White
❑ white- High Intensity ® Other: NQNE/D_UAL-M If Rao,�rreri
8. FCC Antenna Structure Registration Number (If applicable):
21. Complete Description of Proposal:
9. Latitude: 390-15'-40.801,
10. Lonellude: 0780 -IV -41C7077
11. Datum: 0 NAE) 83 L❑ NAD 27 ❑ Other
12. Nesro6t City. Hurrting Ridge Sl2ro: VA
13. Nearam Publi&-Use (not prl-te-uso) or Military Airport of Heiipory
Winchester Regional
14. Distance from 013. to Structure; 7.69 NM
15. Direction from 913, to Structure: Northwest
16. Site Elevation (AMSL): 884 FL
17. Total Structure Haight (ACL): 10a Ft
18, OW011 height (tits +417) (AMSL) 1083 Ft
18. PreYious FAA Aeronautical Study Number (Ifapplicahlo):
-OE
20. Description of Location: (Attach a USGS 7.5 minute Quadrangle Adep
with the preclA0 ;tile marked and any cerft cy surrey)
*Map attached. Name in title block is that of the USGS Quad map on
which the rlbe is located. +t
*Please send copies of all documents partaining to this notice (including the Letter
of Acknowtedgemenq to our repreaentative listed W )Block 2 above. For your
* If FAA dmeoninos that further aeronautical study is rNuired by this Tranimittal we
hcroby roquast such study_*
- Certified Survey Attached
01-P-7557.547
Frequency/Power (KW)
1850 -1865 MHz 30 Watts
1930 - l w mHz 30 Watts
Notice is required by 14 Code of Fedaral Regulatlons, part 77 pursuant to 40 U.S.C., Section 44718. Parsons who knowingly and willingly violate the notice
requirements of part 77 are subject to a civic penalty of $1,000 per day until the notice Is received, pursuant to 49 U.S.C., Section 46301 (a).
I hereoy cortify that alI of the above statement& made by me are true, complete, and correct to the boot of my knowledge, in addition, l agree torn.
and/or light the etructure in accordance with ectabilshed marling b lighting standards as nacessary.
Oats TWOd or tinted Nema and Title yr Parson F1gn4 Noyoo s�pnow�
December 14, 2001 Edward G. Roach, Director of Compliance,,
FAA Form 7460-1 (11-98) Supersedea previous Edition
NSN: 0052-00-012-008
161 17; _ V V1 .:.�-}.�� / . •• M�tE{
JOl 77J ! 0 I u 1. vJJ/ U
X61 995 7670 PI
• tin, :�
b V-4KCR
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47
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proAft
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.7tsei��lr,�;•�q
DEC-14-2001 14:26 SBA, INC. Db I 77D (t:) (ki vi f
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fs
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Z
WHIT� HALL, VA/WV
A w4flan Sygmms. Inc.
678* 13" O.nrr
DEC -14-2801 14:28 5;BRIINC.
12/13/2001
Input _'_�'__-----------------------------•- --- Horizontal: NAD NAD 83 GeographiC
Output
Horizontal: NAD 27 Geographic
Name - ~Input -------------,------Output __------
Hunting Ridge 39 15 40.80000 N 39 15 40.43146 N
78 13 46.70000 W 78 13 47.69054 W
Datum Shift(m) Delta Lat. = 11.366
Delta Lon. = -23.747
U.S. Army Topographic Engineering Center,'Corpscon 5.11. -08, - page 1 -
_ SNIA
I S c �T
un
*tfib `r o the AG1! itdNetwiark*' 1
�prr. 2S
Kg',NTUCKY
TENN, S a,
- zit
wn'n
e
NORT
OLI
WW
r
G E 0 R G I
n
3? vane h
AT&T
F_7
ATLANTIC
OCEAN
SunCom Network
SunCoom Network (future)
AW, AT&T Affiliate Networks
un
Proposed
Hwy 522
Network
Expansion in
Frederick
County VA.
•4A Ak.-lo
r'
'I
y
�
I
4
Sun
Me F Of the
PROPOSED SUNCOM SYSTEM ALONG HWY 522
S1 nCom-%
ILI
Member of the AMT Wirelm Nix �
¢U
1c`� v ®uhitacre
Q
rj
o
5.O
2
dndian Run Dam
D A„um Hili
I
BLA.C4' OAK LN
Woodpile Hollow
- )T�Mross.i,mction
14
t
�N
SUNCOM DEFINED SEARCH AREA AND PROPOSED TOWERS
FOR ACORN HILL/WHITACRE SITE
`4.1
4r�
`4
to
•pin,. RaA TF
C
2 ,.:.
Q
1W I
pgL
�._�..
CREENBRIwR
r
r
m .j
5a
v h4Ap7i�y
�9n
LY�dd,r&tl
,eThe
T� 9
'
SOUTHWOOD
Summit Dam
Big Hollow
R,
VJAY RSfU� LN`
&
�SGda�N -s
AUF'INE IN
0 2000 DzLca Street AtlL< USA;
0 3000 GDT, hu„ R.el, 04/3000
-s�
A,gpl�N n
BLA.C4' OAK LN
Woodpile Hollow
- )T�Mross.i,mction
14
t
�N
SUNCOM DEFINED SEARCH AREA AND PROPOSED TOWERS
FOR ACORN HILL/WHITACRE SITE
`4.1
4r�
un
SYSTEM ALONG HWY 522 UTILIZING PROPOSED
SHARED TOWER CROSS JUNCTION SITE
SunCom
t,%tuber of the A fi W ireIm NeM-
tyk
1
Coverage gaps which occur between Whitacre
and Shared Tower's Cross Junction.
hr
~4,Jp '
a
• , W 41
ti •+
IL,
l
WCR 946D Shared Tower's Cross Junction
1 .1�
4 r
i•
WCR 947D Whitacre
SunCom� 3
Member of the AMT Wltelm Nertwk
�52
t �>z
r' f
b
rn�
VA -522-1 HuntingFictge
L
vi F�944 F
.lint in
4i
S41w, Zak,
Y
v
5227
Ring WC R 944 Hu
WC
�Q
Lake5c w CfQr
U
z
u r7
Yw ;.
3
,_Cedar Drop
.Boder Dam
To e
X NORTH
fi79,�
�c R *�ndian Hollow v � �� Zo
�7
6^ 2000 DeLoane. SCtietAtlasUSA; � 2000 GD T,hu.,Re1.04I2000
SUNCOM DEFINED SEARCH AREA AND PROPOSED TOWERS
FOR HUNTING RIDGE/ROBERTS SITE.
s ,
SunCo
. •-d M - N Y
Klerk of the .SMT Wireless hlethjWk
r kr'
I Nli,
airvIew
7 7r -
Y
1!
w X51
,
r y
f
i
LINE OF SITE DIFFERENCE FOR HUNTING RIDGE SITES
K
3.1"lun
V'-aM,tHatf of 'the A
SYSTEM ALONG HWY 522 UTILIZING PROPOSED
SHARED TOWER HUNTING RIDGE SITE
WCR 944D Shared Tower's Hunting Ridge
,.-:-)unCom
Coverage gaps which occur between Roberts
and Shared Tower's Hunting Ridge.
WCR 944E Roberts
'R