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HomeMy WebLinkAbout01-02 Comments (2)I October 18, 2002 Mr. David. C. Stewart McGuire Woods LLP 1750 Tysons Boulevard, Suite 1800 McLean, Virginia 22102-4215 FILE COMY COUNTY of (FREDERICK Department of Planning and Development 5 A 19`65-5651 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 Midge Tower 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. S E- Director AICP ERLikac cc: John R, Riley, Jr., County Administrator UAEric\Common\CUP\Triton Tower Resehedu(e.wpd 107 North Kent Street , Winchester, Virginia 22601-5000 March 29, 2002 Mr. David C. Stewart McGuireWoods LLP 1750 Tysons Boulevard, Suite 1800 McLean, Virginia 22102-4215 COUNTY of FREDERICK Department of Planning and Development 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: 540/665-5651 FAX: 540/665-6395 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 W& ERL/bah U:\Eric\Common\CUP\Triton Tower Request for Deferral.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 McGuireWoods LLP 1750 Tysons Boulevard Suite 1800 McLean, VA 22102-4215 Phone: 703.712.5000 Fax: 703.712.5050 www.mcgui rewoods.com David C. Stewart Direct: 703.712.5433 March 25, 2002 Eric R. Lawrence, AICP Deputy Director, Department of Planning and Development County of Frederick 107 Ncrth Kent Street Winchester, VA 22601 RE: Triton PCS (d.b.a. SunCom AT&T) Update on Route 522 Telecommunications Sites Dear Mr. Lawrence: dstewart@mcguirewoods.com Direct Fax: 703.712.5293 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 in its multi -state telecornmun rications ner York. SunCom's expansion decisions are 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, � A -e 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 MEX101058.5 REGEIVEu LIAR 2 b Z00Z cc:PT, OF PLANNINO(DEVELOPMEN! McGuireWoods LLP 1750 Tysons Boulevard Suite 1800 McLean, VA 22102-4215 Phone: 703.712.5000 Fax: 703.712.5050 www.mcgu irewoods.com David C. Stewart Direct: 703.712.5433 ti. January 14, 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@ mcgui rewoods.com Direct Fax: 703.712.5293 RE: Request for Deferral of Planning Commission Hearing for Conditional Use Permit #01-02, Cold Spring 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 DCS/gec cc: Mr. Dale Finocchi, Sun Com AT&T \\REA\101058.1 � )KA i -- H= V E�� L i� 2 J. 2001 December 21, 2001 -- nr nl A n 14i IN I r'r)M Ir i n^" 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 Cold Spring 6298 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 Ebenezer Church Road, also known as Tax Map 19, Lot 15A in the Gainesboro District. The site contains approximately 5.6 acres of land and is zoned "RA" (Rural Area District). The property in question is developed with a residential dwelling that is surrounded by large trees. The proposed tower location is within a 10,000 square foot leased area, east of the existing dwelling in an open field. The tower is sited approximately 403 feet from Route 522, and SBA, Inc. M 8401 [orporafe Drive t" Suife 560 01 Landover, MD 20785 mi (301) 731-5755 fax (301) 731-3955 0 www.sbosife.com there is a grade elevation difference of approximately 68 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 Section 165-16 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, except that the tower is proposed to be setback 95 feet from the side property line instead of 214 feet as required. The proposed tower location on this site and the distance from all property lines minimizes any visual impact on neighboring properties. In this case, the owner of the subject property is also the owner of the adjacent property that would be impacted by the 95 -foot setback. 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. .:This Site .Lel TRf ,ON P Ii i'RO', of -that certain Master pursusa W. subjc t i0st autim. operation l : ..Thp �awality located :iiiAhc: Couna pattrel..cotttaining qp togethw:with the van piers,: civet, utaler or SITE LB.ASE -A_ ae: aowUal iestt:(10W.".S.t":i4".):.ie:.r�de:th3.......s_ :.:.dAy::�: ; 2001..by and bow . tRTY iOOMPA rsr:1:JLC ('Tenant-). a®d SBA F%-OPZR11WSjNC.fLandloWX ast LAnze:Agraeneejt(the "A te) by aW between a p"e :ha*td; &OW August S; 2001. to the Agtemov t. Lw4ords .hereby.1010 that p&ddn of then aite:Qe9MbM below for the rnd makmance: of the olio ing vKfmim tions hd ity (the "pacility"): ball. Consist orTenaait's right to :kase. the portion 4ific Site on that parcel of property of Frodcn—& in. the 5th; of vjrmist nWW paWci;Wy.d by of lxnatly 10,000 sgitat+a .f8et situaWd . At 6291 North: Fr4detick F*e, .Wim, Virgitria, axotw ive riga err ingrm. and- egress,; seven: A* a::ivek,. twve*4O ur iaCm a day, on foot -or g tttwick. and fbrthe: nation and .moo ofgfi tY taffies;.boles, edblei>: 66oxlurf"attd _ along tr 1 xaWW 02) #bet wide right'of .way ext-Owitig_fipvm the nearatt public.right of way; to the demi>ood smd pc+ames anrd::nght of .,w for acca ss -being 9arb�Vis . desctdr+ad to Bibi# I" to: the SLA attached bemo a nd trade it pta At to t_ is the ettoui angpattrlic.tttility ie unarm to. use the daymbed of way, IAn'dlord .haathy .agnm to grana "att ad al tight of way .to Tanad at no cost to TeJrant. .to :irWall:"sntennas and ogtapment cans6tent with the. Z:; .. Ttmaat. aheil:" the right dons andin the kKations-ticsuibed Num Number deemed in medeapatt A " .Hesgla ofar7 Mection of Fquipimraa, a Teat: teso." the, r of coax as: set fotth I .3. Tarrant atom behoam LWd'ad an LAW vAich is,tu be tCM.* prim -1 wMW: 66666tit: of Tk Tetmsrtit's: oftlte Sit 4_ 1U term r doamoo act to iandlord:and Tenant se/, steaaD:.. std typent �esdi6ed DAPA Paned 51210 xatas: Twel" (12) raavt M disbcs,, WOW N/A �nseoan ofaatenna(s) (LxWxb): U lbs ; 54^ x b 3" . yc rdr. 8t type no..- o.:line line. ftmand'rtaxtiiwiaveaiislfaew ifriftyr(as laibk. "2" &MdW. hero mid rie(e) on stttlottire: ]95' istios TBD .. .. ._.:...- ( . d ..:.... ' "attarJ*d bwo and AM& a part bei: 12, x 2s, raxPoweru"FKt TX- I9;NI940?&Iz Rx- iS# IMO M W In to maw a;rad. ilm, tho:g ound tinea anti t�li"to: t lYo (!2} ire and ttvetv0 (12) liriee Ira Agnea rt: to SuiW:to:-Suit and to l e Dated- August 8 2001. diet.I.atrrHonis. riloa`in tib:skq detivic fix= s. reate.daRe+c# Lleixntib-Or 4; 2001 Gary A p'ehncr and i dia V. I?ataer p ii*c . hretrauraEto+r i* rid. to as. the ?irirns . . Ctaeheid msE ll, iit "f.:16: the SIAd .110M. a pat f bEemrf. Lvvjlurd shalt .riot, an pion .to the et xt of its :term or anty- teak extension wrthout the axprees ate awl :Lwdord >r a Onloiae:.its. rob tid edeiid:.Ik tear of tk Ptiuia;" Nesse to: a000muWate p vvkw that T'&%Wr titt►aty atmrtasW its tetWW1d Asians urAerftWaph 4 ofthe Agreement. this SIA shall. " "coftvh&ft : ofi Vo +date : that LanO rd dehvm io . Te igiat: the closeout ton.. Attach vgm. A 14: aff tit Buitdrtcf-Suit. Agttenmd' :dated AUPWr 8;.2001 by and bmvwn k "Coae"Wiftwent note) admowle+dgM'by Teaaatit in the attached FxMbit "S". alicom Sprina3 T*"..WID. ;V1ldFYt W Trtten 9ft NOMO. Felhter 02 5. The term of this SLA is twv vt (.12.t 911 beginning on the Comm na!t.Datc. Toa ,, shad have the right. to aaatd the Term fort (3) successive five (5).year Periods (cock a . Rmewid 'Term") on the same terms wid con6itkm as set forth Mach SLA sbetIl sutotr+aticaily be extended for each successive Renewal Term rmlears Te MMA >mtifies. of its intertiion not to resew the spe6k SIA at Ieast sixty (60) days pior to camneeacenMA ofthe kens?wai Tem. 6. Within frAeetr (15) to Teawt dull Pay to Landlasd t Rog for any &actions! 111011th inonth according to the nund aernvexsary of the C,omnw= during rho Previous year. IN Wr NESS WHMEOF, the written abom .av3 nt'.rt�e Gn_r►tl11 .and FAQ thg Bay' of each month thewaAer, per momb ("Pent") The the beginning or ft- the' erns of the Term or RaMMW, i' iM shah be prorated for that Of dlapa re:orainitlg to rho a+d of,thiat. moth. :.II gd id ail be increased on each a Date by an ar mfit equal to of the Rent in effect hereto have set thele hands and afFimA thea respective seals the day and year firA Triton PCs Propeaty Cosnpaoy L.L.C. By: Triton CampAray, s manager By. Warne: SC(lt D. BASHAM Title: I VP OF ENGINEEffinG and OPERATION'S MID -ATLANTIC REGION SBA PROPERTIES, INC, ...... IIF Nano: Alyssa HoaWw ' . , . . . . . . Titie: Dirmtor of Leasing sm sks ID_ YAOOO>i8-"ln ,o awi.9 3 Triton a& ID: VVM 9W Triton 9lte Name: F~ 02 Triton Communications Search Area Map Search Ring ID: WC 946 Search Ring Name: Cold Spring Latitude: 39 18 21.9 N Quad Map: GORE Site Objective: Search Ring Released: Phase# ELI SR in Design Longitude: 078 17 01.3 W Ground Elevation_ (ft)(AMSL): 800 , 790 , 800 Antenna Height (ft)(AGL): 200 , 180 , 220 o provide in -car coverage to Rt 522 southeast of Cross Junction. RF Comments Potential Candidate in Ring: Existing Structure: Raw Land RF Engineer: Michael Mahoney WFI Submitted Triton Accepted SA Received: Target Height ( min Date: f dozq Date: / (� Date: 0 max ) 7/17/01 05:15 PM Prepared By: WFI - � fes-... r4 "'-,�„ � -. � -'r r' � � - � ✓ x� t ` 1 •,, , Z 4 i a y { y Name: GORE Location: 0391 18'20-9* N 078117'04.3' W Date: 7/16/2001 Caption: Cold Spring Scale: 1 inch equals 1000 feet I.1 WC 946 � 1N pile Holbw Junction C WC -R-946 _VY �,_� TALL PPIE _ f L1�1 2 J 9 / 45 $ S R SSRI w 64 tin \\o Bowling Green 4 5688 OP l IN & LAND LEASE � "19 D99- b This Option and Land Lease, hereinafter referred to as 'Lease", is made the last day executed below by and between Gary A. Feltner and Rozella V. Feltner, private citizens, ("Assignor/Grantor'), having an address of 6298 North Frederick Pike, Winchester, VA 226113 Federal Tax ID or Social Security Number 225-66-5364 (Gary), 225-72-3618 (Rozella), hereinafter referred to as "Lessor", and SBA Properties, Inc., a Florida corporation, ("Assignee/Grantee"), having an office at One Town Center Road, Third Floor, Boca Raton, Florida 33486, hereinafter referred to as "Lessee." 1. The Option, (a) For the sum of (the "Option Fee"), to be paid to Lessor by Lessee upon execution of this [.ease 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 two additional periods of one (1) year each, upon written notification to Lessor by Lessee accompanied by the payment of for each one-year period (the "Additional Option Fee'), delivered to Lessor prior to the end of the Initial Option Period or first additional one-year 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 notii;e after the due date for the same, then Lessees 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 Space") within the property commonly known as 6298 North Frederick Pike, (Tax Parcel #: Map 19-15A), Winchester, Frederick County, VA, with the legal description set forth in Exhibit B attached hereto (the "Premises'). Access to the Leased Space is via (Tax Parcel #: Map 19-15B). Lessor also hereby grants to Lessee the right to survey the Leased Space at Lessee's cost. The 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 Revised 06/06/01 Job Cost#/Search Ama:39003-08098B/Cold Spring 3 communications facility, including a communications tower, antennas, cables, and related structures and improvements (the "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 keep 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 tower or 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 terms of five (5) years each unless Lessee notifies Lessor of its intention not to renew prior to commencement of the succeeding renewal tertrL The initial term and each successive renewal term shall be referred to herein as the "Term." 4.rt 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'h) year of the Term and every fifth (5'h) year thereafter, the then current monthly rental fee will be increased by fifteen (150) percent. Each such year shall commence on the corresponding anniversary of the Commencement Date. 5. Ingress and Egress. Lessor hereby grants to Lessee an easement (the 'Basement") 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 (h) 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 Easement 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 JyW 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. Subordination, 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 Lessas 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 Agreement 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 Leaders 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 Revised 06/06/01 Job Cosdt/Search Area: 39003-08098B/Cold Spring 3 Lease (or commences any legal process relating thereto), Lessor will endeavor to simultaneously give a duplicate copy thereof to the 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 under 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 been made aware that Lessee has entered, or may enter into a certain loan agreement and such lender 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. S. 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 "Tower") 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 famish 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: Gary A. and Rozella V. Feltner 6298 North Frederick Pike Winchester, VA 22611 Phone # - (540) 888-3799 To Lessee: SBA Properties, Inc. One Town Center Road Third Floor 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 ORIGI All notice given by the party as above provided. 11. Lessee Improvements. lessee has the right, at its sole expense, to make the improvements on (lie 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 he 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. Inimrance. Lessee - Lessee, at all dines 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 ($1,000,000). 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 iifsurance 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 all 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 trade 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 Lessee from any liability (including reimbursement of reasonable attorneys' fees and all costs) for damages to any person or any property in or upon the (.eased Space at Lessee's invitation, or for Revised 06/06/01 Job Cast#/Search Area: 39003-08098B/Cold Spring 3 dat;iages to any person or property resulting from the actions of 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 be 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. Tgnanation 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); NO the use of the site will not sufflciendy 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 rotieved 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 pursue all remedies available at law and in equity. Lessor hereby acknowledges that Lessee will incur significant expenses in reliance on this Lease �heref re o I.. T i_ tt a and Y^y'ee°. ... pay ..ei8w v, Fua wain"%g7reniidi uarr4lge5 which Lessee will suffer as a result of Lessors 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 rnrPA I 'th'n sixty (60) days after Lessee's receipt 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. Exclusivity, 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 on 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 Space/Premises, 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 day/7 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. Governing Law. The parties intend that this Lease and the relationship of the parties will be governed by the laws of the State in which the Leased Space is located. 22. Entire Agreement, 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 be 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. Survey and Testing, Lessee will have the right during the term of this Lease (and the Option Period, if applicable) to survey, soil test, and make 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, 4 Revised 06/06/01 Job Cost#/Search Area: 39003-08098B"d Spring 3 however, that no drilling or other activity will be undertaken on or beneath the surface of the Leased Space or Basement Arca 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 xveririg 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 WNte. (a) The term Hazardous Materials will mean any substance, material, waste, gas or particulate matter which is regulated by the local governmental 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 law, (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 haws 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, RIGINAA' conditio. ,,, state of fact involving Environmental Laws of Hazardous Materials which existed on or arose during the term of this Lease 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, .^.d to the ! es't ofits .;o v:l— and belief, no pa, t of tilt rremises is located within an arca 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. Mechanic's and Landlord's Liens. Lessee will not cause any mechanic's 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. Hea in . 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 F–mence. 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 remaining section, subsection, term or provision of this Lease will be valid or enforceable to the fullest extent permitted by law. 30. R"I Estate Lessor represents and wan -ants 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. Further Assurngces. 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 Register or Record. Lessee may request that Lessor execute a Memorandum of Option and Land Lease, Revised 06/b6/01 Job Cosa!/Search Area: 34003-08098B/Cold Spring 3 Memorandum of Land Lease or Short Form of Lease for recording in the public records. 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. Interpretation. Each party to this Lease 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. Condemnation. 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 tosses 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 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 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 be 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. Milt( ofErat 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") 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. iTRIGINX 36. Date of Lease. The parties acknowledge that certain the date on which they execute this Lease beneath their respective obligations of Lessor and Lessee are to be performed within certain signatures in the space provided and warrant and represent to the specified periods of time which are determined by reference to the other that such a date is in fact the date on which each duly executed date of execution of this Lease. The parties therefore agree that his name. wherever the term "date of execution of this Lease," or words of similar import are used herein, they will mean the date upon which COMMENCE MAT DATE; The date that Lessee exercises its this Lease has been duly executed by Lessor and Lessee whichever is Option. the later to so execute this Lease. The parties further agree to specify 2 IN WITNESS WHEREOF, the parties hereto have executed this Lease on the last day and year sp;ifed be .LESSOP Cary A Feltner �ytd Rola Itner LESSEE: SBA Prop o ration - dbojk) By: j2e 7 7 ' " V7f By; Cary A. Felupfr Alyssa Houlihan Title: Owner Title: Directorof"asing Date: !� ✓. �pl - v7drJ / Dater Witness: sit Witness: ` /�j - Print Name: r i L- . e' o Witness: L4�(- 1/), Print Name:lJ Notary Public: I do hereby certify that Gary A. Feltner, 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 ry hand and seal this �_ day of '2001. Notary Signature — —� By: P 1244 QJEt�� RozelVa V. Feltner Title: Owner -�20U Print Name: c k .4 'f 1Y L 1-,A^ fe I t Print Name: I rw A S K)+ w { A S Notary Public: I do hereby certify that Rozella V. Feltner, 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( lh day of eo2001, � _ 12411— 1t Notary Sigr+stture ` �-X F1 'PjdQ.. Revised 06/06/01 7 Job CocWScarch Arco: 39003-08098HICold Spring 3 Print Name: Witness:17 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 execu ' n of the foregoing instrument. Witftj,,my hand and seal this day of bta?y'Sighature 6 >�"'+ tsrenoa J Linton * *bly Conxrxssion CC861466 1n'/ Expires July 23 2003 r„N R r C i NAi EXHIBIT A Current Sketclt/Survev o{'the Leased Space within the Premises (Lessor and Lessce agree that a leased area legal description and access and utility casement can be substituted as soon as it becomes available). 7 LCSSOrS' Initials ,zq ----- Revised 06/06/01 Lessee's initials Job Cost#/Search Arca: 39003-08098WCold Spring 3 O try p G I n r N' V— MITBrr 111 Attach Legal Description from Deed (Lmor and Lessee agree that a leased area legal description and access and utility easement can be substituted as soon as it becomes available). AU that oertain lot ac parvus of Inns, aftanirg 3.653 tlr , em as less. holt "m nal>:thaestsxr doetxllsod plat ad s of L. � 6bart, C.L dctsd July 7, &M, attsdie bmto and by this refayxroe MOO A part ha wt for a farthsr and +ll * pLftimlw of tin land hu*Lft Cdr, wd WM as P=ttoa of the sameam to Effie K at'aitlu+aitt, wider, �ol nw rmaR. Bmltitlr ue. at al. t3ated o+v t _, 19344 and re000ded in the mem's offiw of the Circuit Ott of rce& l& in Oead ttioic 234, at tea 470. »:fll.11. � �' te died' !, 1971. &=VI ed ty hal K • 12rlara L Le, her mly hairs at law. 1.r %U Grantors further convey to the Grantees, their heirs •and ssaEtgasr a thirty Coot (2,04 right of war for Ingress and 'gross 01Sr the retained property of the Orar.tors to the above-dssortbed Tanmrty to *ad frota a. 6. iaouto 32x8 KOM EcUnd Lano, which right Of vay is ihWn and dsacribld on the plst and survey attached Aereto. Revised 06l(}t5/t)l g Lessors' Initials zv- A Lessee's Initials Job CosW/Search Area: 39003-08098B1Co1d Spring 3 Existing SunCom Coverage along Hwy 522 Hwy 522 Proposed SunCom ATT Network O'BRIEN 6 GERE 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: Cold Spring File: 30258.001 Dear Mr. Cheran: On December 18 and 19, 2001, Pete Wolf and Joe Iacovone visited a total of eleven historical sites within a one mile radius of a proposed 199 -foot monopole located at 6298 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 eight of the referenced sites. The view of the proposed tower from three 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 & GEREEENGINEERS, INC. X VV, -�f�v R. Peter Wolf 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 Z7AELT '"1 A/RPGf?T CONSULTANTS, ./VC_ engineers - planners Charlotte, NC Austin, TX Harrisburg, PA Richmond, VA December 11, 2001 Ms. Serena R. Manuel Executive Director Winchester Regional Airport 491 Airport Road Winchester, Virginia 22602 RE: Triton PCS Towers SBA Properties, Inc./Triton PCS Winchester Regional Airport Winchester, Virginia Dear Ms. Manuel: We have reviewed the two (2) Frederick County Conditional Use Permits from SBA Properties, Inc./Triton PCS sent to us with your letter dated December 10, 2001. We find that neither of the towers penetrate any FAR Part 77 Surface associated with Winchester Regional Airport. The following summary details the positions of the two (2) proposed towers: Triton PCS WC R 946F 66,584' (12.6 miles) 15,733' (3.0 miles) - right 1,012' MSL Triton PCS WC 75,839' (14.3 miles) II 16719' (3.2 miles)- I 1,170' MSL R 947D right These towers are all far enough from the airport that they will not be a factor in any future airport development as currently depicted on the approved Airport Layout Plan. However, two private airports, Al and Timber Ridge, both located about 14 nautical miles from the Winchester Regional Airport along the extended RW 32 centerline, may be affected as they are between three and four nautical miles from the two towers. Should you have any questions, please do not hesitate to call. Sincerely, 6.�4,• a Adam D. Switzer, E.I.T. ADS : drs Enclosure GEN 8047 7333 Whitepine Road Telephone (804) 275-8301 Richmond, Virginia 23237 Fax (804) 275-8371 Homepage: http://www.deltaairport.com E-mail: delta@deltaairport.com DEC-14-2001 14:20 SBA.INC. 561 995 7670 P.02i06 .AVIATION:-SYSTEMS, INC.- .,W-0 �3,78�3299 FAX:: (310) 701.1-94t3'- asl�aviatlo�fsystems_com wWw.aWations sta s-com T4;: . a..: v ce Da.o. _ iAer 1�4.2001 Rebecca L`. iraballo. " SBA Netwof,Serv/ces, Inc 5900 Bioken Uund,Parkwayltil{N ; Soca Ratan;-FL 33~487. Locativri= r ss Jtihion V9 Client (Case. No.. V 098/Cold: rin 3 ASI lose No.: 01.P-75 48. SUMMARY Off OlkillM There are no federal.'awiotion.regulator�r or olaeratlanal factors of%ctin g .this site and- prOposed, structure. 'Af this location any structure'bver 206 feet AGL uvill:have. to bQ `filed with the FAA. A.strue-ture. up to S00 feet AGL should re�celve a routine approval ;Refer t0 Findings, and Comment $ecilon for additional lnforrnation, Pr-oposeo Structure:-- Antenna Tower ' Coordinates: '18 - V.=22.34"/078 ° =' 161-59 48`'[NAD 27] 2,Q °. i !f 8' --22.70" /078 -- 716' = 58 50" [NAD 631. ; Site Grdond. Elovaltion: 813'; (AlfASL] ; tudled Structure Height (W.fth Appyrtenances): ISK" {qGL] :. Total'•Overall Helght: 1012' {AMSC] SMIRCH RESULTS: • The, ea est- D ublic; se: o mill • - ' fr fac• I ' :sub- ' to : AR Perf-77 's.V111ncYrest r: e • The StUdled"stcucture Is located' 11.2 NM/ 54 feet WlIhwest -327' fue df ttr® Re ion I l ort Runway 14, = • QtherPitblic nrPrivate Arroarts or ieliporfs urithin 3 NM None I"1Printout attached • AM Radla,Station(s1 wit. 3-NM: - NQne'fh Hhtout'attached Highlighted AM;stat ons (li ae��1 on nr'inteut. MgUi - tice and C,D Rules and Pollcy (Ref., d7.CPR ' 7 :.�1 DEC-14-2081 14 20 SBA,INC. 561 995 7670 P.03i06 AW Case Nd; 01 R7S :548 FINDINGS.' •' F Na Ice(R-9f.; FAR 7 3 • �A n.r t n li Not read ed at studied heir ttit Re lii d at s#udied heisaht' _ he No Notice Maxln lm hei tt is 200 fee# ORTAN • Our•report Ili intandad aa"a pfannind tool. R noticeIs requlr&� ,actual site conetructlon act)vitlAs ets not advisable until-an FAA Flnai Detenninat(bn"la 1"Und; • ' O skuction Standotrds of-7FFAR Palrl�•tom'M AR 77.23 e 4 .Not "exceeded a ,'Stydied Elixceeded a# studled height and E)d nddd Stud %ply be r' O uired, Maxl'mum nonexceedance•heidht"is , OOfeetAGL. Markiina Pni SNPItn tbe.reauired:: ,(bee' Comments) [] Will ba required studied-height structure excaaeds• . Q Obstri,gg! Standards aPperAff6hal, P ,'" li cares (Re1C: FAR 77.2,3 (a) (3),(4): FAA drdAr. 7400.:9; FAA Ordsr ®2130.39)R[N of affected-at s6djed fielghtEl " d d.issue'e.D®i' "o o lVo Haz X#13-cted tud edttei ht a . -FAA- ii'll. i%nq d P :e stud ed 9tructur :be a zard to Ir" vi ,Maximum height that would nat afl'eci operetional procedUres is ' fest AGU -fent AMSL, . (See Comments) Cara©lusfonslComkne�nts: - . •" . - ' . - ... - - - . . ;: _ - - Ftir, -y our purposes, this site -has-"boon- etraluated-at your requestgd holght OIUA aii'bdtiltional halght up to: and irtcluding 500' ;EtGL, t'rvposed structures that w®ulc# exceed 6001--AGL r6ciblee.the FAA to conduct detailed. extended sttidibs and clrtularfze the propo8a"I for industryiomment. Structures atiova 5d0':AGL• r6y.bd,lmpa,Cted by-ltblicoptdr low-level rbt,te8,'•flxed Wi'rtg-alrcraft . 'flyways, 'ininimi,rn•vectoring altltudes,=mlginium enroute-altitudes and"other opera tlonal'prbr;edures. ASf studies for.Struetu,ran above 500` AOL should bo separately, requdsted,- e'` -FAA Eastern: Region may require lighting/maiking of thts'struc toadway%aterway: tike because bf Its proximlty,.to a major. - A91-will Ere witti AEA" FAA RPaiarl�and State dYes DEC -14-2001 14:21 SBA,INC. 561 995 7670 v,vvuou , yptp or rnnr on i Na Form Failure t0 provide All R Form A roved v.a. ,W AWm1pu.,*Qeq, ed lnforma(Jon May Delay Pruwsafng of Your Natwd FOR F, `�"'�"�'�° ""'"�'°" Notice of Proposed Construction or Alteration 1. Sponsor (person, company, eta. propoaing this ac(lonp Attn. Of: Ed Roach / VA8098/Cold Spring 3 SBA Network Services, Inc. 5900 Broken Sound Parkway NW Boce Raton, 1=L 33487 (561) 226-9256 fax (561) 989-2974 2_ Sponsor's RepreSentative (if other than #1): Attn. Of: Gary Allen -7551.548 Aviation Systems, Inc. 23430 Hawthome Boulevard, Sulte 200, Bldg. 3 Torrance, CA 905OS-4720 310 3178-3299 fax (310) 791-1545 3. Notice of: ® New Construction ❑ Alteration ❑ Fxlcting 4. Duration: ® Permanent ❑ Temporary (_ months, _ days) 5. Work Schodulo: Beginning: ASAP Fnd: 8. Typo: ® Antenna Tower ❑ Crena ❑ Building ❑ Power tine ❑ L3nd01) ❑ Weter Tank ❑ Other 7. Marking/Painting and/or Lighting Proferred: 0 Red LiBnts and Paint p Duel -Red and Medlum Intensity Wnho ❑ White- Modlum Intensity ❑ Dual- Red anti High Intensity Whits ❑ Wnite- High Intensity ® Other-MARWIZI S. FCC Antenna Structure Registration Number (Ifoppllcab/o): 9. Latitude: 396-18'.22.70" 10. Longltude: 07.8"-16'- 5850" 11. Datum: ® NAA 83 0 NAD 27 Q Other us— e– ONLY 12. Nearest Clty-, Cross Junction State: VA 13. Naareei Publlo-U6e (no( private -urs) or Military Airport or Heliport: Winchester Regional 14. Distance from #13. to Structure: 11,28 NM 15. Direction from 013. to Structure. Northwest 18. Site Elevation (AMSL): 813 Ft, 17. Total Structure Height (AGL): 199 Ft. 18.Over3ll Haight (#16 1'017.) (AMSC) 1012 Ft. 19. Previous FAA Aeronautical Study Number (if app/lcebla): -OE 20. Deaertption of Location: (Attach a uSGS 7.5 minute Quadrsng/e Map with the predso AND marked and any cartlAed survey) *Map attached. Name In title block is that of the US13S Quad mep on which the site Is located. * 21, Complete Description of Proposal: Frequency/Power (KW) *Pteeso lend copies of all documents pertaining to this notice Occluding the Letter of Admowledgement) to our representative hated in Block 2 above. For your 1850- 1865 MHz 30 Watts * 1930 ,1945 MHz 30 Watts * If FAA determines that further aeronautical study it required by this '1 mmrnittsl we hereby request such study.* Certified Survey Attached 01-�-7557.549 Noflco ie required by 14 Code of Federal Raqulations, part 77 pursuant to 49 U.9.C., Secibn 4471 B. Persona who knowingly and willingly violate the notice requirements of pert 77 are subject to a civ,1 penalty of $1.000 per day until the notice 19 received, pursuant to 49 U.S.C., Section 48301 (e), 1 hereby certify that ail of the above statements made by me are true, eornptele, and Correct to the beta of my knowledge. In addition, I agree to and/or tight Ma atructure In accordance with established marking & lighting standards as necessary. Dale or PlInw Name and Tlse of Perw Flpno December 14, 2001 I Edward G. Roach, Director of Compliance FAA Form 7480-1 (11-98) Supersedes Prevlouc Edition NSN: 0052-0"i2-wa ...,..,a �.. i i ce, r . ua - RJUJ 12/13/2001 ---------------------------------------- Input ------------------ Horizontal: NAD 83 Geographic Output Horizontal: NAD 27 Geographic -------------------- -------------- -- ------------------ Name Input Output Cold Spring 3 39 18 22.70000 N 39 18 22.33589 N 78 16 58.50000 w 78 16 59.48413 w Datum shift (m) Delta Lat. - 11.229 Delta Lon. = -23.579 - ^- U.S. Army Topographic EngineeringCenter,Corpscon 5 11.08, page 1 - TflT01 P nr- r' r` Sunco mST _ I NAA "', K TITUCKY TEN �iE0RGIA AT&T ww:: A NORT O L, A Zff-1® 4+- ATLANTIC OCEAN _ SurCom Network Sur�Cm Network (future) AT&T, AT&T Affiliate Networks as w NOW'- ..,,,,s,, 5unc m' Proposed Hwy 522 Network Expansion in Frederick County VA. 0 oe� gun R32 mite r of k h e A PROPOSED SUNCOM SYSTEM ALONG HWY 522 SunCo 1�1* N �,cS" � N y�: BLACK OAK LN ME No'llC' 1111be r of k.h e AW Y r I FS I! N ewivk �cm �,.,...,. 127 --.•-y., Y � � NEC Y'J 5:22,finq�C S� b v Woodpile Hollo!u Cpl dndian Run Dam Vbltacre u Q fa S� 02 x , C QG7 D Acorn Hill 0 It Cda�fi o A pG, 0 co s�. f SZ 2 C.russ 7tancti�n 2 LU 4 D C W ti52 2.� vREEN6RIHR ¢ 0 N N0 z r d r. LL, `G CID C4ykrat5 `J Tc SOl1TH10f000 The Summit Dam y ,BfgHollow �' 'CL ,,Np7EgS4UEIN aLp1NE LN 2000 DeLcmne. Street AtltL, USA; ry 3000 GDT, Inc„ Rel.. 04(3000 �s SUNCOM DEFINED SEARCH AREA AND PROPOSED TOWERS FOR ACORN HILL/WHITACRE SITE F�. . s un om, %rle,'rtiibar of the .o%'i'`i ! V,6reIe.{ r lLv � r i - 5 _ - '. - { LINE OF SITE DIFFERENCE; FOR WHITACREI S TES Suncom jk% mubeir of Elie AM Wife Netwwk SYSTEM ALONG HWY 522 UTILIZING PROPOSED SHARED TOWER CROSS JUNCTION SITE SunCom Mere of the AMT WirelM Net%-vk u u Coverage gaps which occur between Whitacre 1 { and Shared Tower's Cross Junction. 1 ,. ti e J L1 � 4 A 1 I WCR 946D Shared Tower's Cross Junction IL 1 i WCR 947D Whitacre a-9un-Com • r4ember of the r% t Wirdess Netwaic Hollow USP, -D 2000 GDT, hk., Rel. 0473000 a VA -522-1 Huntir Fide W[ _.RZA F H,mtii g Ridge �4q NORTH Sake 5sk2 YCZur r AI r 2 q- � 47 ? �522 R4 WC R 9A4 62ntiltg`Ri e �U � c SUNCOM DEFINED SEARCH AREA AND PROPOSED TOWERS FOR HUNTING RIDGE/ROBFRTS SITE. 3' u z r x'u ^ Cedar Gro+ .Butler Dam t?+' �rr�g6�E C,y "O 4 O . qfs 00,kN dru n r K151-nibef Of r .I a' akirviow r, ! j i i LINE OF SITE DIFFERENCE FOR HUNTING RIDGE SITES Of the A SYSTEM ALONG HWY 522 UTILIZING PROPOSED SHARED TOWER HUNTING RIDGE SITE -RIFSu d,nCom L kV 16ti �� i ♦ hal* mber of the .SMT 'M'r'ireI M eivwk Coverage gaps which occur between Roberts and Shared Tower's Hunting Ridge. '44F Ir R . WCR 944D Shared Tower's Hunting Ridge A7 . , idle. , WCR 944E Roberts — ,&: _