HomeMy WebLinkAbout17-04 Middletown Site No. 1410 - Telecommunications - Opequon - Backfile (2)CASH
- - Date Q03767
Received From ' �.4 1 � i11 I tr Iy o
Add r s 1`C`�J�
oiler. $
" For i I Y11 �1
A41'
LL ACCGI N CASH
C CHECK
AMT M C t' N(Y
AMT P/Ut-
CwEt:REENTCARD
Date:
-Z 04
ak�l
SITE PLAN TRACKING SHEET
File opened
Reference Manual updated/number assigned
D-base updated
File given to Renee' to update Application Action Summary
CLOSE OUT FILE:
Approval (or denial) letter mailed to applicant/copy made for file
�% Gy File stamped "approved", "denied" or "withdrawn"
Reference Manual updated
W L/
Ox D-base updated
41. Jq U File given to Renee' for final update to Application Action Summary
aeA--
U \Carol\Common\Trad:ing shcas\Sitc Plan Tmb ing.wpd
Rmscd 02/07103
SITE PLAN APPLICATION CHECKLIST
The checklist shown below specifies the information which is required to be submitted as part of the site plan
application. The Department of Planning & Development will review the application to ensure that it is
complete prior to accepting it. If any portion of the application is not complete, it will be returned to the
applicant(s).
(1) One (1) set of approved comment sheets are required from each relevant review
agency prior to final approval of a site plan. It is recommended that applicants
contact the Department of Planning & Development to determine which review
agencies are relevant to their site plan application. A list of potentially relevant
review agencies is shown below:
Frederick County Department of Planning & Development
Department of GIS (Geographic Information Services)
Frederick County Sanitation Authority
\ i Frederick County Building Inspections Department
Frederick County Department of Public Works
Frederick County Fire Marshal
Frederick County Health Department
Frederick County Department of Parks & Recreation
Virginia Department of Transportation (VDOT)
City of Winchester
Town of Stephens City
Town of Middletown
Frederick County / Winchester Airport Authority
(2) One (1) copy of the Site Plan application form.
(3) Payment of the site plan review fee.
(4) One (1) reproducible copy of the Site Plan (if required).
�":_� COPY
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
April 14, 2004
Mr. Steven Muscarella
Cinggular Wireless
7150 Standard Drive
Hanover, MD 21076
Re: Middletown Site
Minor Site Plan #17-04
Dear Mr. Muscarella:
The Frederick County Department of Planning and Development administratively approved the
above -referenced site plan on April 9, 2004. The site plan is approved for the construction of a
10'X20' shelter at this telecommunication site. I have provided you with a copy of this approved site
plan. Please forward copies of this site plan to the owner(s) and appropriate representative(s). An
approved copy must be Ke t on the construction site throughout development process. Once site
development is complete, the owner(s) should contact this office to schedule an on -site inspection.
Please contact me at 665-5651 regarding any questions that you may have.
Sincerer•.
/Zar�k
. Cheran
Planner I
MRC/kac
Attachment
cc: W. Harrington Smith, Jr., Shawnee District Supervisor
William C. Rosenberry and Robert A. Morris, Shawnee District Commissioners
Jane Anderson/Real Estate
107 North Kent Street - Winchester, Virginia 22601-5000
00
• •
Request For Site Plan Comments
Frederick County Engineering Department
Mail to:
Frederick County Engineering Dept.
Attn: Director of Engineering
107 North Kent Street
Winchester, VA 22601
(540) 665-5643
Hand deliver to:
107 N. Kent Street
Fourth Floor
Winchester, VA
(540) 665-5643
Please fill out the information as accurately as possible in order to assist the agency with their
review. Please attach two (2) copies of the site plan with this sheet.
Applicant's Name:
Address:
Phone Number:
Name of Oeveloprpent and/or d
n of the request:
Engineering Department's Comments: gait
Engineering Dept. use only
Date received V) Z 117 Lf
Incomplete
Date reviewed :YU)Oy
Signature and Date
Signature and Date (revision)
Date revision received
Incomplete
Doge reviewed
Date approved
x
17
M
Request For Site Plan Comments
Frederick County Inspections Department RECEIVED
Mail to:
Frederick County Inspections Dept.
Attn: Building Official
107 North Kent Street
Winchester, VA 22601
(540) 665-5650
Hand deliver to:
107 N. Kent Stre 1-REDMCX000jM
Fourth Floor UC aINSPEtiM
Winchester, VA
(540) 665-5650
Please fill out the information as accurately as possible in order to assist the agency with their
review. Please attach one (1) copy of the site plan with this sheet.
Applicant's Name:
Address:
KL
r MIS
Phone Number: 4 42) — cl 17 — �O
Nam o �eveopment and/or dps�c�ription of the requ t:
� { (�/%S�F► IM /5Y D/1//A ft'YK nAYJ) l , )i n & "AIJ l0 � K a DI
I
Location of property: r 9 f P/ r-f LAn�
E✓1 S S
Inspections Department's Comments: /0 1A C Al TS ,� E C /V
r F % /_//.S r011� /v1
Inspections Dept. use only
Date received
Incomplete
Date reviewed
Signature and Date
Signature and Date (revision)
Date revision received
Incomplete
Date reviewed
Date approved
M
M
Structure shall comply with The Virginia Uniform Statewide Building Code and Section 312, use
group U (Utility and Miscellaneous) of The International Building Code/2000. Structural plans
submitted for permit application shall be sealed be a Va. Licensed Design Professional. Please
note the requirements in Chapter 17 Special Inspections for this type structure, soils, concrete,
bolts, etc.
}C cingular-
�N
N wl• PRDPoSLO CNVG[I( AR
PROInOSf!' t YNGDAl R PRt?nDifD t:7NUYIE AR I I RIIww.I 11 T 1 - NVOCR&?0(AYO 11 U PNGNL t
PR01'OSCD COVC(ItAR a �qp(,r BACW8,7 wM IaoA FRO/ fAlSIING rD• VelOciTel
1 !O' N 10' f01FPUl Nr cw IK7FR AND DISCGINNCCr [DI fp7 )TlCO BACA"BOARD
I cm SNLL r£R ON (APPRIV ♦ ! F)
COVCR£ rE St AB ((USED FOR JOOA) /
� ta]t�l: N+,IDw tl,ll cHAI
E PROPOSED C/N T AR -
co N 0' MAN CA IT § ctANWO OAT98 LLP
(x(
x
— — — - — — ------ --�- — erotSIm
- -- • I 1(1w ..�•- N.1
� rROr� NCR
{I ' I -
/ rROv ft15 r1NG
MAN5f(WUFR
- - - -� � % n•. o- %s- I �i--[vl]IMG G•N+.uw _I:—.-
y(N111 SNil 1(% 1
PROPOSfD CING" AR-T-
1 ,PS ANIrNNA _ .—.._ l / . r rACNFO r0 !CF j I IN1ua11 ,+.•.c II T
E)7SnA0G ACCESS d
PARKOYC
Y (n] I+N ,
tiff l
v.0
\--(nSI+IC IW 0
utA t.Ilw:( ton+ KHAL{D J. AOED 'y
NO. 023232 (a
°°SrIONA% ,*a
p opM. IAW
xt---- x-- x x-
\ I 41
14 0
�
♦4CE ti£N%OTE t Rmsf- - MIDDLETOVM
7 tRLPOS7i7 Cl11YXdAR -cohol"ro EA75RMG CA75)NVG S£CDUTV r [ct�, -
15,-0* x 50.-4- or FTWC£ FA&VYC R.%s(D -Ml ...la.>•
cos FEAti7 E,IpAyyOV _ Srow SL#WAG- 824 PEACE h PLENTY LN
STEPHENS CITY. VA
22655
FREDERICK COUNTY
1 ILAN
sQl +u
GRAPHIC SCAU SITE PLAN
to 10
KSEIIK. I�IIS ■ C O 1
I &%SnhW MD M"M O.l.tr(0 rtlt]Y . aT00% 17. 7003 SM •ASII KtND%(IED myt101
CIO. WM IM R ♦SSOCI.IES tt P...10 DOES -01 "EMS(NI M[ .CtUK r(lD SU%VE'
•
•
00
00
•
0
1
2
Frederick Courrtv.yrylnia
SITE PLAN APPLICATION
lS ;!.! ---E 1
Department of Planning and Development Use only.
Date appfic ation received A
Complete. Date of acceptance
Incomplete. Date of return_
Pill 11
Project Title.- %n/�UIE/U(�UA/ V l�r 1 y10
Lca otion of Property �rACE f/ d E Lf� E
(street address)
3. Property Owner.
Address:
Tebphone:
4. Appic "Agent
Address
Telephone:
5. Designer
Address:
Telephone:
-0/ - V3/- yd 40-/
y�f3-y1y - 3�8
i
�S
0
FMdOdt;k County Vlralnla
Contact:
6a. Is this a standard or'minor' site plan?
6b. Is this an original or revised site plan?
7a.
7b.
8.
a)
b)
c)
d)
e)
g)
Total acreage of parcel to be developed:
Total acreage of parcel:
SRO P18nA
tiil�iHm L. 214eh
Property Information:
Property Identification Number:
Current zoning:
Present Use:
Proposed Use:
Adjoining Property Use(s)
Adjoining Property Identification Number(s)
Magisterial District(s)
Standard Minor
Original Revised
r
Sv S u lgeC 14 k50
A�E�
L
I have read the material included in this package and understand what is required by the i✓rederick
County Planning Department. I also understand that all required material will be complete prior to the
submission of my site plan.
Signature:
Date: 2)
a :-
F
t
i
f 3
SS .
i
s
.1 s
Frederick Courrtv. Virgini@ site Plan Application
neural irQi ;7iiC iaair z;QniiiieriLS
Depaarbnerrt of Planning and Developmer
-- 11 lV.
nayw ucijye io:
Department of Planning and Development 107 N_ Kent Street
Attu: County t ianner rourih Hoor
107 North Kent Street Winchester, VA
vvu tGi iC�i�I , vM �lriii i (540) 665-565i
(540) 665-5651
please fill out the information as aCl-iratel'i as Possible in order to assist th►e-I-n-.i uri?h thair review.
Dina�o att�rls t un /?1 �nninc of tt-- --It" rtan uri41► this sheet
iicani's ivame:
Address: i o S D IF
a1o'7
Ph o .c A1...,,1,,,� c� — �� _ 3 c) p
Name of deveiopment anaior desuipaon of the ruquesi. ,
a A L ,v�VA rl /O ao NE�� ; b F kLI i��q
R C D F 7OLcJ ('r9S i
Location
Planning and Dee; EAOPmenf s Comments:
Fi,iam ag &ad iiic cialy
Date received Bate mvisim received
Ine mpiete 1woatpiete
Pgle �PVu°w Date reviewed
�St�JSalUfC asdd �3tC -----------
Signatare arsd Bate (re�-isian j-.--- -
Date approved
Licensee Site Name: Middleton Crown Site Name: Ramey Property..
License Site Number: 1410 Crown Business Unit Number: 816390
TOWER LICENSE_AGREEMENT
THIS TOWER LICENSE ("Tower License") is entered into this day of
2003, between CROWN COMMUNICATION INC., a Delaware corporation, with its USA Headquarters
located at 2000 Corporate Drive, Canonsburg, Washington County, Pennsylvania 15317, ("Licensor"), and,. .
Southwestern Bell Mobile Systems, LLC, a Delaware limited liability company, d/b/a Cingular Wireless, with
an office located at 7150 Standard Drive, Hanover, MD 21076, Tax ID #74-2955068, ("Licensee").
Licensor maintains and operates an extensive network of wireless communications facilities. Licensee
desires to license the non-exclusive use of one of these communications facilities to install and operate its
wireless communications equipment and all pertinent buildings. Licensee has previously provided an
application to Licensor requesting the right to use certain identified space at the Facility and Site. Accordingly,
Licensor and Licensee freely negotiated and hereby agree to be legally bound by the following terms and
conditions:
1. Facility. Licensor licenses Licensee to install, operate and maintain the following wireless,.
communications equipment ("Licensee's Equipment") at the facility known as Ramey Property (the--
"Facility") and located at 824 Peace and Plenty Lane, Stephens City, Virginia (the "Site"). Such license is
subject to and is restricted exclusively to the installation, operation and maintenance of antennas and
equipment consistent with the specifications identified below.
Manufacturer and type -number:
Number of antennas:
Weight and dimension of antenna(s) (LxWxD):
Transmission line mfr. & type no.:
Diameter & length of transmission line:
Location of antennas (as described in Exhibit "B-1"
attached hereto and made a part hereof):
Height of antenna(s) on structure:
Direction of radiation:
Equipment building/floor space dimensions (as described
in Exhibit "13-2" attached hereto and made a part hereof)
CSS-DUO1417-8686
Nine (9)
20.3 lbs (48"Hxl4"Wx9"D)
Eighteen (18); LDF7-50A
D=1-5/8"; L=190'
Ramey Property/816390
140' CLE
3 @ 330,100,230
12' x 20' Leased Area
Licensee shall not use, allow or suffer the Facility to be used for any other purpose. Licensor, at its
option, may immediately terminate this Tower License in the event of any written notice of unauthorized use
by Licensee that is not corrected within five (5) days of receipt of such written notification. No deviation from
the foregoing specifications is permitted without Licensor's written consent and the execution of an addendum
to this Tower License. Notwithstanding the foregoing, Licensor agrees that Licensee may modify, exchange or
replace its antennas or other Licensee Equipment with other equipment ("Replacement Equipment"), in
accordance with this Tower License, including but not limited to Section 7(C) of this Tower License, only if
the Replacement Equipment (i) is at the same or substantially the same location on the Facility as Licensee's
Equipment that is being modified, exchanged or replaced, (ii) does not exceed 105% of the weight or volume
of Licensee's Equipment that is being modified, exchanged or replaced and (iii) does not adversely affect the
loading capacity of the Facility. Licensor's approval of the Replacement Equipment shall not be conditioned
upon an increase in the Basic Monthly Payment or the payment of any other sum of money additional to
Prepared by: merry
Prepared on: 10-23-03
•
Licensee Site Name: Middleton Crown Site Name: Ramey Property
License Site Number: 1410 Crown Business Unit Number: 816390
Licensee's obligations pursuant to this Tower License, nor otherwise unreasonably delayed, denied or
conditioned.
Licensor reserves the right, from time to time, at Licensor's sole cost and expense, to change the
Facility and/or Site in any way Licensor may desire, including, but not by way of limitation, addition or
removal of land, construction, modification or addition to the tower or any other structure, or the
reconstruction, replacement or alteration thereof, provided that such change does not, (i) during the
implementation of such change interrupt Licensee's wireless communications service without coordinating
times with Licensee and (ii) when completed, interfere with Licensee's wireless communications service or
materially alter the signal pattern of Licensee's Equipment so that Licensee's operations are not functionally
degraded.
THE PARTIES ACKNOWLEDGE AND AGREE THAT, NOTWITHSTANDING ANY OTHER
LANGUAGE IN THIS TOWER LICENSE TO THE CONTRARY, LICENSEE'S USE OF THE
FACILITY DOES NOT CONSTITUTE A CONVEYANCE OF ANY INTEREST IN REAL ESTATE
TO LICENSEE. ALTHOUGH COMMERCIAL IN NATURE, THE RELATIONSHIP BETWEEN
LICENSOR AND LICENSEE IS NOT ONE OF TENANCY, AND NO LEASEHOLD INTEREST OR
OTHER REAL ESTATE INTEREST HAS BEEN CREATED.
2. License Term. Initially, the license term shall be for a period of five (5) years (the "Initial
Term") commencing on the earlier of the first day of the month in which a building permit is issued by the
permitting authority, or one hundred twenty (120) days from full execution (the "Commencement Date").
This Tower License will automatically renew itself for three subsequent five-year periods (the "Renewal
Term") unless Licensee serves notice of cancellation upon Licensor at least ninety (90) days prior to the
expiration of the License Term or Renewal Term. (The Initial Term and the Renewal Term shall be
collectively referred to as the "License Term.")
Notwithstanding the foregoing, if Licensor's rights in the Facility are derived from a
Prime Lease (as defined in Section 8) with a third party and the Prime Lease has a shorter term than that
provided for under this Section 2, then Licensee's right to extend the License Term shall only be for as long as
Licensor retains its interest in said Prime Lease. In no evenq however, is Licensor obligated for any
inconvenience, damage, claim or loss arising out of Licensor's failure to extend or renew said Prime Lease.
Licensor agrees to give Licensee reasonable notice (which shall in no event be less than one hundred twenty.
days) in the event that the Prime Lease terminates,
3. Consideration. (A) Basic Monthly Payment. Licensee shall pay to Licensor
and 00/100 dollar per month beginning on the Commencement Date and on the
first day of each month thereafter for the remainder of the License Term, in advance and without demand,
including annual increases as provided for hereafter (the "Basic Monthly Payment"). At the end of each
twelve (12) month period during the License Term, Licensor shall increase the Basic Monthly Payment by an
amount equal to three percent 3% times the current Basic Monthly Payment that was in effect during the
previous twelve-month period. Licensor's failure to timely demand any such increase shall not be construed as
a waiver of any right thereto and Licensee shall be obligated to remit all increases notwithstanding any lack of
notice or demand thereof. Licensee will be obligated to include with each monthly payment the following site
identifier: Ramey Property/816390
Prepared by: nterry
Prepared on: 10-23-03
•
Licensee Site Name: Middleton
License Site Number: 1410
Crown Site Name: Ramey Property
Crown Business Unit Number. 816390.
(B) Additional Payments. Beginning with the commencement of the Initial Term;
Licensee shall pay in addition to the Basic Monthly Payment the following:
(i) Licensee's Payment of Taxes Fees and Assessments. Licensee shall pay directly to
the applicable federal, state or local governmental unit or agency ("Governmental Entity") or to Licensor.if
Licensor is invoiced by such Governmental Entity, all taxes, fees, assessments or other charges assessed by any
Governmental Entity directly against Licensee's Equipment and/or Licensee's use of the Facility. License
shall also pay to Licensor any increase in real estate taxes, fees, assessments, or charges levied against the Site
directly related to the installation of Licensee's Equipment.
(ii) Licensee's Share of Site Maintenance Expenses. Intentionally Omitted.
(iii) Extraordinary Site Costs. In the event that the Facility is located on a Site
where Licensor previously incurred any costs for development and construction or operation of the Facility in
excess of costs normally incurred for such facilities expenses ("Extraordinary Site Development Costs"),
Licensor shall identify such costs to Licensee in advance of execution of this Tower License. Failure to::r: c
disclose such fees in writing prior to the execution of this Tower License will result in Licensee having na''
additional payment obligation for said Extraordinary Site Development Costs. Licensee shall pay to Licensor_-.'..
on the Commencement Date of the Extraordinary Site Development Costs.
(iv) Regulatory Compliance Costs. In the event that during the License Term
Licensor incurs costs, including reasonable attorneys' fees, in order to comply with any applicable law,
regulation, rule, guideline, directive or requirement promulgated by a Governmental Entity, including
environmental laws, not in effect on or prior to the date of this Tower License and necessary for the continued
lawful operation of Licensee's Equipment ("Regulatory Compliance Costs"), Licensee, within thirty (30).
days of the notice of said Pro Rata Share of Regulatory Compliance Cost from Licensor, shall elect one of the
following options: (i) pay to Licensor its Pro Rata Share of such Regulatory Compliance Costs within thirty
(30) days of invoice to Licensee by Licensor; or (ii) serve written notice on Licensor that Licensee is
terminating this Tower License thirty (30) days from the date of said notice. Prior to the effective date of the
termination, Licensor may rescind its demand for Regulatory Compliance Costs by written notice to Licensee
and this Tower License shall continue in full force and effect.
The total of Licensee's Pro Rata Share of Regulatory Compliance Costs shall in no event exceed
twenty percent (20%) of the then -current Basic Monthly Payment per year. "Pro Rata Share" is defined as the
fraction or decimal equivalent of dividing one (1) by the total number of then -existing users in occupancy of :..
Site, on the last day of the applicable calendar year.
Non-payment of any Additional Payment when due shall constitute a default under this Tower
License to the same extent as would non-payment of the Basic Monthly Payment.
(C) Late Payments. If the Basic Monthly Payment or any Additional Payment set forth in this
Section 3 is not paid on the due date and remains unpaid for more than five (5) business days after receipt by
Licensee of notice that such money was not received when it was due and payable, then Licensee shall pay an
additional daily payment of five dollars ($5.00) for each day the payment remains delinquent. This late charge
is not a waiver of Licensor's right to declare this Tower License in default if the Basic Monthly Payment or any
Additional Payment is not made when due.
Prepared by: merry
Prepared on: 10-23-03
Licensee Site Name: Middleton Crown Site Name: Ramey Property- ..
License Site Number: 1410 Crown Business Unit Number: 816390
(D) Installation and Maintenance Payments: Installation of Licensee's Equipment shall be
performed by Licensee or its authorized representatives. Licensee shall pay to Licensor upon completion of
Licensee's installation a one time inspection fee of $3,500.00. Licensee's installation shall be subject to
Licensor's reasonable review to determine Licensee's compliance with Licensor's structural, engineering,
environmental and legal requirements . All costs associated with such installation shall be borne solely by
Licensee. Licensee may elect to use Licensor's installation services, which shall be further defined in a
separate installation contract to be executed at a later date by Licensee and Licensor.
(E) Payment Method: All payments shall be made payable to Licensor at PO Box 203112,
Houston, TX 77216-3112. Licensor may change the name or the payee and payee addresses, by written
notice to Licensee.
4. Utilities. Electrical power and telecommunications land line service may be available to
Licensee at the Site. All costs associated with the installation and consumption of utilities by Licensee at the
Site shall be the responsibility of the Licensee, including, where not previously available, the cost to submeter
the existing utility services. Licensee agrees, at no additional cost to Licensee, to cooperate with other users of
a Site to provide access to utility services. Licensee shall reasonably insure that: (1) its telephone lines will
have transient surge protection installed at the modular "telco" block or base station; (2) this transient surge..
protection device shall be bonded to the Facility's grounding system; and, (3) its telephone line connections
shall use a modular plug with termination inside of the cabinet. Licensor shall incur no liability whatsoever in
the event that any utility becomes unavailable. Discontinuance of service shall not constitute a termination of
the Tower License, constructive or otherwise.
5. Maintenance of Facility and Licensee's Equipment. (A) Equipment Maintenance.
Licensee agrees the installation, operation and maintenance of Licensee's Equipment will be of a type and
frequency that will not cause measurable interference as defined by the Federal Communications Commission
(the "FCC") to Licensor and/or other users of the Facility. At its own cost and expense, Licensee shall operate
and maintain Licensee's Equipment at the Facility in accordance with generally accepted industry standards
and in conformity with the requirements of the applicable equipment manufacturers and the FCC and any other
Governmental Entity having jurisdiction over Licensee and Licensee's Equipment.
(B) Routine Inspection and Emergency Repairs. Licensor retains the right to inspect Licensee's
antenna(s) and associated electronic equipment at the Facility upon giving reasonable notice to Licensee during ,_
the License Term and prior to the Commencement Date, provided the Licensee escorts Licensor into secure
areas. In the event that Licensor, in its reasonable discretion, determines in good faith that Licensee has not
maintained Licensee's Equipment in good order and repair according to applicable building code requirements
or any government rules, regulation, procedures and guidelines pertaining to electromagnetic or radio
frequency radiation, and that emergency repairs are necessary for the safety of the Facility. Licensor shall
provide notice to Licensee , and then if action is not taken by Licensee within the twenty-four (24) hour limit,
Licensor may, at its option, make such emergency repairs to the Licensee's Equipment as it deems reasonably
necessary, and any amount expended by Licensor plus fifteen percent (15%) for Licensor's administration,
coordination and documentation shall be invoiced to Licensee and paid by Licensee as an Additional Payment.
Licensor shall not be liable for inconvenience, disturbance, loss of business or other damages Licensee by
reason of such repairs.
(C) Non -Emergency Repairs. With respect to non -emergency repairs which Licensor, in its
reasonable discretion, determines are required to maintain Licensee's Equipment in good order, Licensor shall
so notify Licensee in writing, specifying the maintenance or repairs required to be performed by Licensee. In
Prepared by: merry
Prepared on: 10-23-03
•
Licensee Site Name: Middleton
License Site Number: 1410
Crown Site Name: Ramey Property -.-
Crown Business Unit Number: 816390
the event that, within fifteen (15) days following such written notice, Licensee shall not have commenced sucht:;
maintenance or repairs and proceeded with diligence to complete the maintenance or repair, Licensor
its sole option, perform such maintenance and repairs as it deems reasonably necessary and any amount::
expended by Licensor plus fifteen percent (15%) for Licensor's administration, coordination and,,
documentation therefore shall be invoiced to Licensee and paid by Licensee as an Additional Payment::.=
Licensor shall not be liable for inconvenience, disturbance, loss of business or other damages to Licensee -by.. ,
reason of maintaining or repairing Licensee's Equipment which Licensee has failed to properly maintain......'
6. Facility Use. Licensee shall: (i) use the Facility in a safe and careful manner and in
compliance with all applicable laws, ordinances, rules, regulations, and orders of any Governmental Entity; (ii)
obtain, at its own expense, any and all necessary licenses or permits (including building permits) from such -
Governmental Entity as shall have jurisdiction in connection with the construction, installation, operation;
repair, alteration or replacement of Licensee's Equipment or with any of its activities thereon or contemplated±,
by this Tower License and to abide by the terms and provisions of such licenses and permits; and, (iii) cause or
permit no lien upon the Facility and to suffer no other matter whereby the estate, right, or interest of Licensor.:.
in any part of the Facility might be impaired.
Licensor shall: (i) cooperate with Licensee in its efforts to obtain such certificates, permits;;.,."
and approvals, and, (ii) take no action which would adversely affect the status of the Facility with respect to the:.r.-
proposed use thereof by Licensee.
7. Equipment Installation Modification, Repairs and Removal. (A) Licensor's Prior.
Approval. Licensee shall not install, modify, exchange or replace any of Licensee's Equipment at the FacilitT
until: (i) Licensee has notified Licensor in writing, in the format required by Licensor, of the particulars of such.
proposed installation or modification (such notification shall include full mechanical and electrical engineering '
details, however, installation and modification of Licensee's Equipment inside Licensee's equipment building,
shall not require submission of said detailed plans); and, (ii) Licensor has approved in writing such installation
or modification. Licensor's failure to respond to Licensee's proposal within ten business (10) days of
Licensee's request shall be deemed an approval of that proposal by Licensor. As part of the review process,
Licensor may consider, among other things, the potential effect on structural integrity, interference, health,
safety and environmental concerns. The cost of any structural, engineering, environmental or other studies that
Licensor deems necessary to determine compliance with structural, environmental, engineering or legal.
requirements shall be borne by Licensee. Such costs shall be invoiced to Licensee and paid by Licensee as.an ,:
Additional Payment. The requirements of this Section 7 shall be subject to Section 1 of this Tower License: '-:<
(B) Installation. All costs for installation and maintenance of Licensee's Equipment and
antenna(s) at the Facility shall be borne solely by Licensee. The installation at the Facility of the antenna(s) ,
shall be made using suitable devices commonly used in the industry, capable of bearing the stress and straino& ..
the installation without damaging the use and occupation of the wireless communications tower and its present' '
or future enjoyment by Licensor and other users of the Facility. Construction of the communication facility
shall be in accordance with the plans, drawings and specifications prepared and provided by Licensee for
Licensor's prior review and approval. All construction, installation, use and operation of the communication
facility by Licensee shall comply with all applicable rules and regulations of the FCC, FAA, and regulations of
any governmental agency (town, county, state or federal) including, but not limited to the applicable
requirements of the local planning and zoning and building and electrical codes (the "Government
Approvals"). Licensee has the responsibility of carrying out the terms of its FCC license with respect to
supporting structures, lighting requirements and notification to FAA. Licensor shall have ten business (10)
days to review said construction plans and approve them, or in the alternative, to advise Licensee of necessary
changes. Licensor shall obtain and comply with all applicable Governmental Approvals related to the Facility
and Site, including those of the FAA or the FCC such as applicable tower marking and lighting requirements.
Prepared by: nterry
Prepared on: 10-23-03
• •
Licensee Site Name: Middleton Crown Site Name: Ramey Property.
License Site Number: 1410 Crown Business Unit Number: 816390
Licensee shall be obligated to paint Licensee's cables or any other portion of Licensee's Equipment that-
obscure any portion of the Facility that is required to painted by the FAA. Licensee's Equipment shall not
obscure any lighting on the Facility that is required by the FAA.
(C) No Interference. The installation, operation, maintenance and removal of Licensee's
Equipment and personal property at the Facility shall be performed without any damage, harm, and
interruption to the service of Licensor or other users of the Facility. In the event that a utility company acting!.
on Licensee's behalf or Licensee must interrupt service at the Facility, then Licensee shall coordinate with
Licensor to schedule a mutually agreeable time for interruption to insure that all parties, including other users
of the Site, can take appropriate action and minimize the length of the interruption. Licensee agrees to hold,
harmless and indemnify Licensor (and all others associated with Licensor) and other users of the Facility from
any and all costs, expenses, actions, damages, claims, and liability due to injury to any person or damage
related to the interruption of service, resulting from Licensee's utilization of the Facility, except to the extent
that such injury or property damage is due to the negligence or willful misconduct of Licensor or other users of
the Facility or any of their agents, employees, contractors, licensees or invitees. Notwithstanding the
foregoing, in no event shall Licensee be liable to Licensor or other users of the Facility for consequential, - .
incidental, special, or punitive damages, or for loss of revenue or profit regardless of whether such liability.•
arises from breach of contract, tort, or any other theory of liability. If Licensee's Equipment or operations
causes any objectionable electrical or physical interference (including interference from any other structure:
erected on the Facility) to the operations or permitted operations of any other user of the Facility, then,.
Licensee shall, at its sole expense, take such steps as may be required to eliminate such interference. If
interference is found to be caused by Licensee's Equipment or operations, all reasonable fees and charges of
any professional consultant retained by Licensor to investigate the cause of the interference ("Consultation
Costs") shall be borne by Licensee provided that Licensor has given Licensee 24 hour prior written notice and
an additional 72 hours to resolve the interference issue. If such interference cannot be eliminated after 72
hours, then Licensee shall cease operations until such interference is removed. The Consultation Costs plus.
fifteen percent (15%) shall be invoiced to Licensee and paid by Licensee as an Additional Payment. Licensor
agrees that any future users of the Site who take possession after the date of execution of this Tower License or
current users who modify their operations after the date of execution of this Tower License will have installed
transmitting and receiving equipment of the type and frequency that will not cause interference, as defined by
the FCC, to Licensee's Equipment.
For purposes of this Section 7(C) and Licensee's notice and indemnity obligations contained herein,
Licensee agrees, represents and warrants that Licensee's Equipment shall transmit and receive frequencies .
within the following frequency ranges and power levels:
Tx: 869-880 & 890.0-891.5 MHz
Rx: 824-835 & 845-846.5 lvtHz
Maximum Power Output: 100 Watts Max
Notwithstanding anything to the contrary in this Tower License, Licensee may transmit and receive at
frequencies different than what is stated in the Section 7(C) if (i) Licensee informs Licensor in writing ten (10)
days prior to a change in the frequencies transmitted or received from the Facility that are different than what is
described above, (ii) the new frequencies are approved by the Federal Aviation Administration (FAA) as
necessary pursuant to filings made by Licensor or prior owner/operators of the tower at the Site, and (iii)
Licensee remains in compliance with Section 7(C) of this Tower License so that said frequencies do not cause
interference with any user who is authorized to transmit and receive at the Site, or is approved to use the Site,
at the time of the use by Licensee of the different frequency.
Prepared by: merry
Prepared on: 10-23-03
0
Licensee Site Name: Middleton
License Site Number: 1410
Crown Site Name: Ramey Property, -
Crown Business Unit Number: 8163W
(D) Removal of Improvements. Unless so affixed as to have become part of the Facility„•;;.
Licensee's Equipment shall remain the property of Licensee and must, upon termination or expiration of this,,
Tower License, be removed by Licensee provided that Licensee repairs any damage caused to the Facilityor
the Site by the removal. Licensee must give Licensor prior written notice of removal of any equipment from
the Facility to avoid disruption of other users' services. Upon termination or expiration of this Tower License,
Licensee shall continue to pay the applicable Basic Monthly Payment and all Additional Payments until all of
Licensee's Equipment is removed. Any removal shall be at a time and date specified by Licensor and shall not., -
affect Licensee's obligations under this Tower License. Licensor may remove Licensee's property, without
notice, in the event that Licensee's Equipment is not removed following the expiration or termination of this
Tower License. If Licensee does not claim the removed property within thirty (30) days following the -
expiration or termination of this Tower License, then ownership of such property shall automatically vest in
Licensor.
(E) Workmanship. All equipment installation, repair and removal work performed by or on behalf' ;
of Licensee shall be carried out: (i) in a good and workmanlike manner; (ii) in accordance with established?..;, - :
engineering standards and public ordinances, rules and regulations applicable to such work; (iii) in accordance ,='
with plans and specifications, including mechanical and electrical drawings, which have been submitted ands, ,.,
approved, in writing and in advance, by Licensor; and, (iv) in accordance with Licensor's security procedures:: :........ .
with respect to protection of the Facility.
(F) Facility Access. Licensee, and its authorized engineers, contractors, subcontractors, agents, or
persons under their direct supervision shall have free access during the License Term to the Facility, except the
tower, twenty-four (24) hours per day, seven (7) days per week; however, such access shall be in accordance.
with any subsequently enacted reasonable regulations by Licensor that will be delivered in advance to Licensee.
and will not materially and adversely affect any rights hereunder. Except for emergency access, which will
require reasonable prior notification to Licensor, access to the tower will require twenty-four (24) hour
notification to and pre -approval by Licensor, not to be unreasonably withheld. Licensee acknowledges that the
foregoing access rights are -subject to any restrictions identified in the underlying real estate interests related to
the Facility, including, but not limited to, any restrictions identified in the Prime Lease. Licensor shall furnish
Licensee with necessary devices for the purpose of ingress and egress to the Facility. The foregoing rights of
access are limited to employees or contractors of Licensee that have been previously approved by Licensor in
writing or persons under their direct supervision. No other persons without such prior approval shall be.-,
permitted on the Facility.
8. Prime Lease. Licensor and Licensee acknowledge that Licensee's use of the Facility may be
derived from a separate agreement with a third party, in which Licensor is lessee, grantee or licensee therein
("Prime Lease"). If this is the case, a copy of the Prime Lease shall be attached as Exhibit D to this Tower
License, and the following provisions shall be applicable. In the event approval of the prime lessor, grantor or',;
licensor is required in the Prime Lease, the effectiveness of this Tower License concerning such property shall
be specifically subject to the obtaining of such approval by Licensor. Furthermore, all of the terms, conditions
and covenants contained in this Tower License shall be specifically subject to and subordinate to the terms and .
conditions of the Prime Lease. In the event any of the provisions of the Prime Lease supersede or contradict
the terms of this Tower License, such terms of this Tower License shall be deemed deleted or superseded to the
extent of the contradiction as applicable to the Facility. Moreover, Licensee agrees to be bound by and agrees
to perform all of the acts and responsibilities required of the lessee, grantee or licensee pursuant to the Prime
Lease as are applicable to the access and use of the Facility. Lastly, in the event that the Prime Lease
terminates for any reason, this Tower License shall be deemed to have terminated effective the date of the
termination of the Prime Lease. In the event Licensor defaults under the Prime Lease regarding the payment of
rent, additional rent or other liquidated amount due to the lessor under the Prime Lease and Licensor has
received notice of such default as required under the Prime Lease, Licensor will, subject to its right to cure,
Prepared by: nterry
Prepared on: 10-23-03
Licensee Site Name: Middleton Crown Site Name: Ramey Property..
License Site Number: 1410 Crown Business Unit Number: 81639&
provide notice to Licensee of said default and Licensee shall have the right, but not the obligation to cure such
default. Should Licensee elect to pay the rent or other funds to the lessor under the Prime Lease, Licensee shall r:.. :: _, "J"
provide prior written notice to Licensor of said payment and said payment shall only be for the amount:
necessary to cure the default. Subsequent to written notice to Licensor of each amount, the amount paid by.
Licensee to the lessor under the Prime Lease maybe offset against the Basic Monthly Payment due hereunder
from Licensee to Licensor.
9. Compliance With FCC Radio Frequency Radiation Requirements. (A) Licensee's
Installation or Modification of Equipment at the Facilities. If Licensee's installation or modification of
Licensee's Equipment would put any user of the Facility into non-compliance with the FCC's exposure limits.
for radio frequency radiation, then (i) in the event that such non-compliance can be cured by limiting the
general public's access to the Facility, Licensee shall pay all costs associated with limiting access to the Facility
prior to making such installation and/or modification; or, (ii) in the event such non-compliance can be cured by
modifying the equipment of existing users of the Facility, and such users consent to such modifications,
Licensee shall pay all costs associated with making such modifications.
(B) Future Cooperation. In the event that future installations and/or modifications proposed by;,
third parties would put any user of the Facility into non-compliance with the FCC's exposure limits for radio l
frequency radiation, and cannot be cured by limiting access to the Facility, Licensee shall not unreasonably
withhold its consent, when requested by Licensor, to modify the Licensee's Equipment so long as all costs.
associated with making such modifications to Licensee's Equipment are borne by the party proposing such
installation and/or modification. Licensee further agrees that in the event that there is any change to applicable
rules, regulations and procedures governing radio frequency radiation which put the Facility into non-
compliance with the FCC's or any other governmental agency's exposure limits for radio frequency radiation,
Licensee will cooperate with Licensor and other users of the Facility to bring the Facility into compliance,
which cooperation shall include, but not be limited to, Licensee paying its Pro Rata Share of the costs
associated with bringing the Facility into compliance.
(C) Protection of Workers. Licensee agrees to reduce power or suspend operation if necessary and
upon reasonable notice to prevent possible overexposure of workers or the public to radio frequency radiation.
(D) Licensor's Obligations. Licensor agrees to use its best reasonable efforts not to permit any
subsequent installation and/or modification on or to the Facility if such installation and/or modification wouldi:•
put any user of the Facility into non-compliance with the FCC's exposure limits for radio frequency radiation.
Licensor further agrees to limit the general public's access to areas where the FCC's radio frequency exposure
limits are exceeded and agrees to post appropriate signs warning the general public of such limited access.
(E) Mutual Certifications. Licensor and Licensee each certifies to the other that: (i) it has adopted
(or is in the process of adopting) a safety plan for its employees and contractors working in the vicinity of the
Facility to ensure that no such person is exposed to radio frequency emissions in excess of the limits specified
by the FCC; (ii) it has distributed (or will distribute) the safety plans to its employees and contractors who have
the potential to be exposed to radio frequency emissions in excess of FCC prescribed limits; and, (iii) its
employees and contractors have been directed (or will be directed) to comply with the safety plan.
10. Indemnity, Insurance and Subordination. (A) Mutual Indemnification. Licensor and
Licensee will indemnify and hold the other harmless from and against all loss, cost, expense, and liability
whatsoever (including attorneys', experts' and consultants' or any fees) resulting from or occurring by reason of
that party's installation, use, removal. or servicing of the antenna(s) and affiliated equipment or any other use of
Prepared by: nterry
Prepared on: 10-23-03
Licensee Site Name:
License Site Number:
Crown Site Name: Ramey Property-
Crown Business Unit Number: 816390
the Facility or Site excepting, however, such claims or damages as may be due to or caused by the grossii
negligence or willful misconduct of the indemnified party.
(B) Public Liability Insurance. Licensee shall carry public liability insurance covering its use of:,,r -
the Facility with companies and in a form satisfactory to Licensor. The policy shall name Licensee as insured: --�:..
and shall name Licensor and its affiliates as an additional insured. The policy shall bear endorsements to the.
effect that the insurer agrees to notify Licensor not less than thirty (30) days in advance of any modification or,"'.
cancellation thereof. At a minimum, Licensee and all parties accessing the Facility for or on behalf of Licensee: .
shall obtain the following insurance coverage: (i) Statutory Workers' Compensation including $500,000.
Employers' Liability; (ii) Comprehensive General Liability including personal injury, broad form property:..
damage, independent contractor, XCU and products/completed operations with limits not less than $2,000,000 •
per occurrence; (iii) Automobile Liability with limits not less than $1,000,000 per occurrence; and, (iv) Fire
and extended coverage insurance on all of Licensee's improvements at the Facility including all of Licensee's '
equipment and other personal property at the Facility. (Such insurance shall include an all-risk legal liability
endorsement to cover property damage for which Licensee is responsible.)
Failure of Licensee to obtain or maintain the required insurance and submit such certification.tor =r`�::
Licensor shall constitute a material breach of this Tower License. . ..
(C) Certificates of Insurance. Prior to accessing the Facility, Licensee and all parties acting for
on behalf of Licensee shall provide to Licensor certificates of insurance evidencing the insurance coverage�'-
required herein.
(D) Waiver of Certain Damages. Notwithstanding anything to the contrary in this agreement, each'... ,
Party hereby waives the right to recover incidental, special, consequential (including lost profits), punitive,
exemplary and similar damages.
(E) Subordination. Licensee's rights under this Tower License are and shall remain subject and
sul.ordinate to the operation and effect of: (i) any Prime Lease; and (ii) any mortgage, deed of trust or other
security instrument constituting a lien upon the Facility, whether the same shall be in existence at the date
hereof or created hereafter; any such lease, mortgage, deed of trust or other security instrument being referred,
to herein as a "mortgage", and the party or parties having the benefit of the same, whether as lessor, mortgagee;,
trustee or noteholder, being referred to herein as a "mortgagee". Licensee's acknowledgment and agreemento£. ;. .
subordination provided for in this subsection is self -operative and no further instrument of subordination shall:'':
be required; however, Licensee shall execute such further assurances thereof as shall be required or as may be
requested from time -to -time by Licensor or a mortgagee.
(F) Attornment. If any person shall succeed to all or part of Licensoe's interest in the Facility;.
whether by purchase, foreclosure, deed in lieu of foreclosure, power of sale, termination of lease, or otherwise,
and if so requested or required by such successor in interest, Licensee shall attorn to such successor in interest
and shall execute an agreement in confirmation of the attornment as the successor in interest shall reasonably
request subject to such party agreeing to acknowledge this Tower License and Licensee's right to use and
occupy the Facility and Site.
11. Damage and Destruction. In the event that the Facility, or any part thereof, is damaged by
fire or other casualty, Licensor shall have thirty (30) days from the date of damage, if the damage is less than
total destruction of the Facility, in which to make repairs, and one hundred and twenty (120) days from date of
destruction, if the Facility (including the communications tower) is destroyed, in which to replace the destroyed
portion of the Facility. If Licensor fails for any reason to make such repair or restoration within the stipulated
Licensee Site Name: Middleton Crown Site Name: Ramey Property
License Site Number: 1410 Crown Business Unit Number: 816390
period, either party may, at its option, terminate the Tower License without further liability of the parties, as of
the date of partial or complete destruction. If, for any reason whatsoever, Licensee's use of the Facility is.: ;
interrupted due to casualty, Licensee's sole remedy shall be abatement of the Basic Monthly Payment for the
period during which service is interrupted. Furthermore, Licensor shall not be responsible for any damage
caused by vandalism or acts of God. Upon total destruction Licensee shall have an option to terminate with
fifteen (15) days prior notification to Licensor.
12. Assignment. Licensee may assign this Tower License without Licensor's consent to its parent
company or to a subsidiary of it or its parent company or to any successor -in -interest acquiring substantially all
of Licensee's stock or assets. Such assignment shall be effective upon receipt of written notice by Licensee to
Licensor. Any such assignment shall not relieve Licensee of any liability for performance of this Tower
License. Any other assignment shall require Licensor's prior written consent.
13. Eminent Domain. In the event that any part of the Facility shall be taken or condemned,
either permanently or temporarily, for any public or quasi -public purpose by any authority in appropriation: '
proceedings or by any right of eminent domain, all damages arising therefrom shall be payable to Licensor,
except that Licensee shall be entitled to pursue a separate condemnation award from the condemning authority.
for Licensee's interest at the Facility.
14. Default. Material defaults of this Tower License shall include, but are not limited to, the
following occurrences: (i) Licensee's permanent removal of Licensee's Equipment from the Facility without the
consent of Licensor; (ii) Licensee's failure to pay the Basic Monthly Payment, Additional Payment or any other
payment as required hereunder, within twenty (20) business days following Licensee's receipt of written
request for payment from Licensor; (iii) Licensee's failure to observe and perform any applicable provision of
this Tower License, which is not cured within thirty (30) days following Licensee's receipt of written notice of
such failure from Licensor, except such thirty (30) days cure period will be extended as reasonably necessary to
permit Licensee to complete the cure so long as Licensee commences the cure within such thirty (30) day
period and thereafter continuously and diligently pursues and completes such cure; and, (iv), Licensee's making
of any assignment for the benefit of creditors; an adjudication that Licensee is bankrupt or insolvent; the filing
by or against Licensee of a petition to have Licensee adjudged a bankrupt or a petition for reorganization or
arrangement under any law relating to bankruptcy (unless the petition is dismissed within sixty (60) days after .
its filing); the appointment of a trustee or receiver to take possession of substantially all of Licensee's assets, -
located at the Facility or of Licensee's interest in this Tower License (unless possession is restored to Licensee
within thirty (30) days after such appointment); or the attachment, execution, or levy against, or other judicial
seizure of, substantially all of Licensee's assets located at the Facility or of Licensee's interest in this Tower
License (unless the same is discharged within thirty (30) days after issuance thereof).
Licensor shall not be deemed to be in default in the performance of any obligation unless Licensor has
failed to perform such obligation within thirty (30) days following Licensor's receipt of written notice of such
default from Licensee; provided, however, that if the nature of Licensor's obligation is such that more than
thirty (30) days are required for its performance, then Licensor shall not be deemed to be in default if it shall
commence such performance within the thirty (30) day period and, thereafter, diligently prosecute the
obligation to completion.
No default as hereinabove provided shall be deemed complete unless at the time Licensor or Licensee
seeks to take any action based upon such alleged default, the same shall remain uncured. The fact that
Licensee may cease using its communications equipment at the Leased Premises for a period of time shall not
Prepared by: nterry 11
Prepared on: 10-23-03
Licensee Site Name: Middleton Crown Site Name: Ramey Property
License Site Number: 1410 Crown Business Unit Number: 816390-
constitute a default of this Tower License nor operate as an abandonment of the Facility. Licensee shall in no-'.'
event be liable for any person's lost profits, or consequential, special or incidental damages hereunder_.
default shall not exist regarding any act required to be performed or not performed hereunder that is not`
completed within the time specified herein but is commenced within such time and is diligently pursued
thereafter.
15. Remedies. In the event of any material default or breach of this Tower License by Licensee,
Licensor, at its option, may (without notice or demand except as expressly required herein) terminate this
Tower License, in which event Licensee will immediately remove its equipment from the Facility and become
liable for damages equal to the total of: (i) the actual costs of recovering the Facility; (ii) the payments earned
as of the date of termination or removal of equipment, whichever occurs later, plus interest thereon from the
date due until paid; (iii) the amount by which any payments and other benefits that Licensor would have
received under the Tower License for the remainder of the License Term; and, (iv) all other sums of money and
damages owing by Licensee to Licensor, including reasonable attorneys' fees, costs of suit, collection costs,
plus interest until payment is satisfied at the lesser of ten percent (10%) per annum or the maximum rate.
allowed under the laws of the state where the Facility is located. Licensor may elect anyone or more of the=
foregoing remedies with respect to this Tower License. =
In the event of any material default or breach of this Tower License by Licensor„ Licensee
may in addition to any other remedy that Licensee may have at law or equity, at Licensee's option and upon
written notice, terminate the Tower License.
16. Waiver. The failure or delay of either party to exercise any of the provisions in this Tower
License shall neither constitute a waiver nor affect the validity of any part of this Tower License or rights of
either party to thereafter enforce the provisions. No waiver of any breach of this Tower License shall be held
to be a waiver of any other similar or different breach. Moreover, the receipt by Licensor of payment at a time
when the payment is in default under this Tower License shall not be construed as a waiver of such default.
Furthermore, the receipt by Licensor of a lesser amount than the payment due shall not be construed to be other
than a payment on account of the payment due, and Licensor may accept such payment without prejudice to its
right to recover the balance of the payment due or to pursue any other remedies provided in this Tower
License.
17. Hold Over Fee. Licensee shall remove Licensee's Equipment at the Facility upon the.
expiration or termination of this Tower License. Should Licensee's Equipment remain at the Facility for more
than thirty (30) days after termination of this Tower License, no tenancy or interest in the Facility shall result,
but this 'holding over' shall be an unlawful detainer and all such equipment shall be subject to immediate
removal! Licensee shall, upon demand, pay to Licensor, as a holdover rental, a sum equal to one and one-half
(1 1 /2) times the Basic Monthly Payment for any period during which Licensee shall "hold over" at the Facility
after the expiration or termination of this Tower License.
18. Successors. The respective rights and obligations provided in this Tower License shall bind
and inure to the benefit of the parties, their legal representatives, heirs, successors and assigns; provided,
however, that no rights shall inure to the benefit of any successor of Licensee unless Licensor's written consent
for the transfer to such successor has first been obtained as described in Article 12.
19. Governing Law. The laws of the State in which the Site is located disregarding conflict of
law principles, shall govern this Tower License. Further, each party submits to the jurisdiction of any federal
or commonwealth court sitting in the County and State in which the Site is located.
Prepared by: nterry 12
Prepared on: 10-23-03
Licensee Site Name: Middleton Crown Site Name: Ramey Property
License Site Number: 1410 Crown Business Unit Number: 816390
20. Severability. If any provision of this Tower License shall be held to be invalid, void or
unenforceable, then the remaining provisions shall in no way be affected or impaired and such remaining
provisions shall remain in full force and effect.
21. Captions. Marginal captions, titles of exhibits and riders to this Tower License are for
convenience and reference only. They are in no way to be construed as defining, limiting or modifying the
scope or intent of the various provisions of this Tower License.
22. Terminology. As used in this Tower License, the word "entity" shall mean and include,
where appropriate, an individual, corporation, partnership, limited liability company, or similar entity. The
plural shall be substituted for the singular, and the singular for the plural, where appropriate.
23. Notices. All notices hereunder shall be in writing and shall be given by: (i) established
express delivery service which maintains delivery records; (ii) hand delivery; or, (iii) certified or registered
mail, postage prepaid, return receipt requested. Notices may also be given by facsimile, provided the notice is
concurrently given by one of the above methods. Notices are effective upon receipt, or upon attempted
delivery if delivery is refused or if delivery is impossible because of failure to provide reasonable means for
accomplishing delivery. The notices shall be sent to the parties at the following addresses:
Licensee: (Licensee's mailing address and facsimile number for receiving notice)
Cingular Wireless
6100 Atlantic Boulevard
Norcross, Georgia 30071
Attention: Network Real Estate Administration
And
Cingular Wireless
5565 Glenridge Connector, Suite 1700
Atlanta, Georgia 30342
Attention: Legal Department
W/copy to: Cingular Wireless/ WBMarket indicated
7150 Standard Drive
Parkway Center
Hanover, MD 21075
Attn: Property Manager
Facsimile Number: (410) 712-7827
Prepared by: nterry 13
Prepared on: 10-23-03
�J
LJ
Licensee Site Name: Middleton
License Site Number: 1410
Licensor: Crown Communication Inc.
2000 Corporate Drive
Canonsburg, Pennsylvania 15317
Attn: Asset Management -Licensing
Fax: (724) 416 - 2459
With a copy to: Crown Communication Inc.
4700 Corridor Place, Suite D
Beltsville, MD 20705
Attn: Asset Management
Crown Site Name: Ramey Property,%
Crown Business Unit Number: 816390!
24. Environmental Hazards. Licensor represents and warrants that to the best of Licensor's
knowleage there are no Environmental Hazards at the Facility. Nothing in this Tower License will
construed or interpreted to require that Licensee remediate any Environmental Hazards located thereon unless`:;'."' ;
Licensee or Licensee's officers, employee, agents or contractors placed the Environmental Hazards at the
Facility.
Licensee will not bring to or transport across the Facility or dispose thereon any Environmental
Hazards without Licensor's prior written approval. Licensee's use of any approved substances constituting
Environmental Hazards must comply with all applicable laws, ordinances and regulations governing such use.
The term "Environmental Hazards" means hazardous substances, hazardous wastes, pollutants,
asbestos, polychlorinated biphenyl, petroleum or other hydrocarbons (including crude oil or any fraction or
derivative thereof) and underground storage tanks. The term "hazardous substances" shall be as defined in the
Comprehensive Environmental Response, Compensation, and Liability Act, and any regulations promulgated
pursuant thereto; the term "hazardous wastes", as in the Resource Conservation and Recovery Act, and any
regulations promulgated pursuant thereto; and, the term "pollutants", as defined in the Clean Water Act, and
any regulations promulgated pursuant thereto.
25. Antenna Structure Registration. Should the Facility be such as to require registration with
the FCC in accordance with 47 C.F.R. Part 17, Licensor will attach a copy of the FAA filing and response,
certified site survey, and the FCC Form 854R (Antenna Structure Registration) hereto as Exhibit "E", in no
event shall Licensor fail to supply a copy of such documents within thirty (30) days of receipt. If so, Licensee
acknowledges that Licensor's provision of said Form 854R (including the Facility's coordinates set forth
therein, which are the results of a survey by a licensed surveyor to at least, but potentially no more than, 2-C
tolerances, in no way relieves Licensee of any independent responsibility it may have, as an FCC licensee
under the FCC's regulations, or under the regulations of any other local, state or federal government entity, to
generate the Facility's coordinates.
26. Nondisclosure. This Tower License shall remain confidential between the parties and each of
them warrants to the other that they shall not disclose the terms and conditions of this Tower License, without
first obtaining the written consent of the other party. Moreover, the parties agree that, without the express
written consent of the other party, neither party shall reveal, disclose or promulgate to any third party the
specific financial terms contained in this Tower License or any exhibit or addendum to it, except to such third
party auditor, accountant or attorney, or to a governmental agency if required by regulation, subpoena or
government order to do so, or as required by an agreement of purchase, merger or consolidation.
Prepared by: nterry 14
Prepared on: 10-23-03
Licensee Site Name: Middleton Crown Site Name: Ramey Property
License Site Number: 1410 Crown Business Unit Number: 816390
27. Conflicts. Licensor represents and warrants that no officer, employee or agent of Licensee has
been or will be paid any sum or offered any gift, gratuity, employment or other consideration by or from
i.
Licensor, its affiliates or agents in connection with assistance in obtaining, arranging, negotiation or
continuation of this Tower License.
28. Publicity. Absent prior written approval of Licensee, no publication or distribution shall be
made of any promotional literature mentioning the name or marks of Cingular Wireless or any of its affiliates,
or SBC Communications, Inc., Southwestern Bell, Southwestern Bell Mobile Systems, or Licensee.
29. Consents, Any consent, approval or similar act to be performed hereunder shall not be
unreasonably or unduly delayed.
30. Procurement Integrity. Licensor certifies that it has never been debarred, suspended or
proposed for debarment by any unit of government. Licensor warrants that it will notify Licensee in writing
within seventy-two hours should it be debarred, suspended or proposed for debarment by any unit of
government during the term of this contract. Such notice shall include Licensor's knowledge of the reasons.for%
the debarment or suspension action, compelling reasons for Licensee continuing to do business with Licensor,
and systems and procedures Licensor has established to ensure that no further actions forming the basis for.
such debarment or suspension will occur.
31. Entire Agreement. This Tower License, including any attached exhibits and riders, contains
all of the agreements, conditions, understandings, representations and warranties made between the parties and
may not be modified in any manner other than by an agreement in writing signed by both parties or their
respective successors in interest.
32. Counterparts. This Tower License may be executed in one or more counterparts each of
which will be deemed an original and all of which together will constitute one and the same instrument.
Prepared by: merry 15
Prepared on: 10-23-03
Licensee Site Name: Middleton
License Site Number: 1410
LICENSOR:
CROWN COMMUNICATION INC.
a Delaware corporation
By:
Print Name: Paul Lent
Print Title: V.P. of Assets -Northeast
Execution Date:
LICENSEE:
Southwestern Bell Mobile Systems, LLC,
d/b/a Cingular Wireless
a Delaware limited liability company
By: .�
Print Name:
Print Title: E'O N�—v�---
Execution Date: t-t e c�
Prepared by:
Prepared on:
Crown Site Name: Ramey Property
Crown Business Unit Number: 816390
Licensee Site Name: Middleton Crown Site Name: Ramey Property
License Site Number: 1410 Crown Business Unit Number: 816390
NOTARIAL AFFIDAVIT
STATE OF
SS:
COUNTY OF
1, , a Notary Public within and for the State of New York, duly
commissioned and acting, do hereby certify that on this day of , 2003 personally
appeared before me Paul Lent, to me personally known to be the person who signed the foregoing Tower
License and who, being by me duly sworn and being informed of the contents of said Tower License, stated
and acknowledged under oath that he is the Area Vice President -Assets of Crown Communication Inc., a
Delaware corporation, and, as such, is a duly certified individual who may enter into agreements on behalf of
that entity. Moreover, he has acknowledged that the entity has executed the same as its voluntary act and deed
and was voluntarily executed by himself, on behalf of said entity, for the uses, purposes and consideration.
therein mentioned and set forth.
WITNESS my hand and seal as such Notary Public the day and year above written.
Notary Public My Commission Expires:
STATE OF
SS:
COUNTY
I � /� [ (a�Notary P ' lic an f the State aforesaid, duly commissioned.
and acting, do hereby crifythat on his �%day of 2003, personally appeared before me name of signatory) of (name of:
corporation/partnership/sole proprietorship/entity), to me personally known to be the person who signed the
foregoing Tower License and who, being by me duly sworn and being informed of the contents of said Tower
License, stated and acknowledged under oath that he is the corporate officer/partner/sole proprietor of the said
entity and duly certified to enter into agreements on behalf of that entity. Moreover, he has acknowledged that.
the entity has executed the same as its voluntary act and deed and was voluntarily executed by himself, on
behalf of said entity, for the uses, purposes and consideration therein mentioned and set forth.
WIT SS my hand and seal as such Notary Public the day and year above written.
Notary Publ' My Commission Expires: /Z � O
Prepared by: nterry
Prepared on: 10-23-03
17
•
Licensee Site Name: Middleton
License Site Number: 1410
Crown Site Name: Ramey Property..
Crown Business Unit Number: 816390
Exhibit "A"
SPECIAL CONDITIONS, SITE RULES AND REGULATIONS, and ACCESS AND SECURITY,
PROCEDURES FOR USERS
EXHIBIT A IS INTENTIONALLY DELETED BY THE PARTIES
Exhibit "B-1 "
ANTENNA LOCATION
SEE ATTACHED ENGINEERING SHEET AND TOWER DRAWING
Prepared by: merry 18
Prepared on: 10-23-03
Crown Castle Online Applicati� •
61 C�QW
Pagel of 3
Customer Approved: 25 Sep 2003
Application ID: 8918 Revision # 2 Submitted: 18 Aug 2003
Submitted By: CCIC_SLEECH
Original App
Date: 25 Jul 2003 Desired Install Date: 05 Jan 2004
First time antenna installation at JDE Job Number 47253
Reason for Application: this site
Applications are subject to applicable Crown Castle engineering, regulatory, zoning/planning, and priority
property -owner approval. Approval conditions may result in alternative requirements for type and/or
placement of equipment. Approval conditions may also lead to additional or revised engineering analysis at
Crown Castle discretion and upon consent of the customer.
Company Information
Southwestern Bell Mobile Systems,
Company:
LLC
DBA Cingular Wireless 7150 Standard
Address:
Drive
City/Town:
Hanover
County:
N/A
State:
MD Postal Code: 21075
Customer
N/A
Job
Number:
Customer
Customer
Site Name:
Middletown Site Number: 1410
Legal Entity Information
Operating Legal Entity: N/A
Site Information
Crown Castle RAMEY PROPERTY
Site Name: - - --._. ---
Crown Castle 816390
Site ID: —
Address:
824 PEACE AND PLENTY LANE
City/Town:
STEPHENS CITY
State:
VA Postal Code:
22655
County:
Frederick Site Status:
N/A
Latitude:
390 3' 59.38" Longitude:
-780 13' 44.0"
Structure Type:
SELF Structure Height:
190 ft
SUPPORT
Primary Contact:
Steven Muscarella
Phone:
443-414-3084
E-mail:
Steven.muscareila@cingular.com
Fax:
410-712-7860
Address:
7150 Standard Drive
City/Town:
Hanover
MD
Postal Code:
21075
State:
RF Contact:
Carlos Hernandez
Phone:
410-712-7862
E-mail:
carlos.hernandez2@cingular.com
Antenna Information
C Line
Mech
Mfg. /
TransmitTransmitReceive Receive
# Fig.Pos.Elev
Azimuth
Tilt
Model
Technology
Start
Stop
Start
Stop
Use Orientation
Status
Proposed
1 5-4
A
140ft 330
0
CSS
GSM
869.0
891.5
824.0
846.5
Tx/RxMid-Mount
DU01417-
330
0
8686
CSS
GSM
869.0
891.5
824.0
846.5
Tx/RxMid-Mount
Proposed
2 5-4
B
140ft
DUO1417-
0
8686
CSS
GSM
869.0
891.5
824.0
846.5
Tx/RxMid-Mount
Proposed
3 5-4
C
140ft 330
DUC 1417-
0
8686
CSS
GSM
869.0
891.5
824.0
846.5
Tx/RxMid-Mount
Proposed
4 5-4
E
140ft 100
DUO1417-
8686
F
140ft 100
0
CSS
GSM
869.0
891.5
824.0
846.5
Tx/RxMid-Mount
Proposec
5 5-4
DUO1417-
http://«,NNr`v.ccisites.com/engapplic/AppTrkEnaPrint-do?command=View&appID=8918&pr... 9/26/2003
Crown Castle Online Applicat6
8686
6 5-4 G
140ft 100
0
CSS GSM
DUO1417-
8686
7 5-4 I
140ft 230
0
CSS GSM
DUO1417-
8686
8 5-4 3
140ft 230
0
CSS GSM
DUO1417-
8686
9 5-4 K
140ft 230
0
CSS GSM
DUO1417-
8686
Feedline Information
# Fig. Pos. Qty
Mfg.
Model
1
5-4
A
2
Primary: ANDREW
LDF7-50A
Secondary: N/A
2
5-4
B
2
Primary: ANDREW
LDF7-50A
Secondary: N/A
3
5-4
C
2-
Primary: ANDREW
LDF7-50A
Secondary: N/A
4
5-4
E
2
Primary: ANDREW
LDF7-50A
Secondary: N/A
5
5-4
F
2
Primary: ANDREW
LDF7-50A
Secondary: N/A
6
5-4
G
2
Primary: ANDREW
LDF7-50A
Secondary: N/A
7
5-4
I
2
Primary: ANDREW
LDF7-50A
Secondary: N/A
8
5-4
3
2
Primary: ANDREW
LDF7-50A
Secondary: N/A
9
5-4
K
2
Primary: ANDREW
LDF7-50A
Secondary: N/A
optional Component Information
Lightning Suppressor
#
Fig. Pos.
Mfg.
Model
1
5-4
A
POLYPHASER
tbd
2
5-4
B
POLYPHASER
tbd
3
5-4
C
POLYPHASER
tbd
4
5-4
E
POLYPHASER
tbd
5
5-4
F
POLYPHASER
tbd
6
5-4
G
POLYPHASER
tbd
7
5-4
I
POLYPHASER
tbd
8
5-4
3
POLYPHASER
tbd
9
5-4
K
POLYPHASER
tbd
Base Station Information
Manufacturer
Model
Max. Transmit Antenna Power EIRP (Watts)
Connector Type
Base Station Power (Watts)
Transmitter Intermod Protection(if required)
Band Pass Filter Manufacturer
Band Pass Filter Model
869.0
869.0
Page
891.5 824.0 846.5 Tx/Rx Mid -Mount Proposed:
891.5 824.0 846.5 Tx/RxMid-Mount Proposed`'
869.0 891.5 824.0 846.5 Tx/RxMid-Mount Proposed
869.0 891.5 824.0 846.5 Tx/Rx Mid -Mount Proposed'
Connector Type
Color Code Length
Status
DIN
N/A
190 ft
Proposed
DIN
N/A
190 ft
Proposed
DIN
N/A
190 ft
Proposed `.
DIN
N/A
190 ft
Proposed ----.`_--
DIN
N/A
190 ft
Proposed
DIN
N/A
190 ft
Proposed.:
DIN
N/A
190 ft
Proposed
DIN
N/A
190 ft
Proposed
DIN
N/A
190 ft
Proposed
Tower Mounted
Amplifier
Mfg.
Model
Elev. 1
Elev.2
Status
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Station 1
NOKIA
Ultrasite EDGE
100
DIN
100
N/A
N/A
Station 2
N/A
N/A
N/A
N/A
N/A
N/A
N/A
http:/hv�v�w.ccisites.com/engappliclAppTrkEngPrint.do?cominand=View&appID=8918&pr... 9/26/2003
Crown Castle Online Application
10
Page 3 of 3
Band Pass Filter Range
N/A N/A
Duplexor Manufacturer
N/A N/A
Duplexor Model N/A N/A
Duplexor Tx/Rx Isolation
N/A N/A
Building/Pad/Power Requirements
Type
Building Requirements
L W H Power Requirements
Pre-fab 20ft 12ft 12ft
New Building/Shelter Shelter
Existing Building/Shelter Floor Space N/A N/A N/A
Building Identification 0
Pad Requirements
Reouired Leased Size 20ft 12ft 12ft
12ft
Pad Size 20ft
Number of Equipment Cabinets at time of Install 0
Comments/Additional Information
Three
VAC
240
Phase
Phase
Amps
200
Generator Needed?
No
Generator
(kW)
N/ASize
Generator Fuel
N/A
Generator
N/A
Type
Manufacturer
Generator Fuel
N/A
Generator
N/A
Tank Size
Model
Battery Requirements
Quantity
0
Manufacturer
N/A
Model
N/A
Comments:
PLEASE NOTE: Actual frequencies are TX: 869.0-880.0, 890.0-891.5, & 1985-1990 MHz; RX: 824.0-835.0, 845.0-846. ,
1905-1910 MHz.
**Indicates where Cut Sheet data has been entered.
NOTICE: Structural Analysis shall be performed in accordance with the current revision of the TIA/EIA
222 standard and applicable local building permit codes and standards. EME analysis shall be consistent
with current revision of FCC/OSHA standard OETB 65. AM detuning, When required, will be performed to
47 CFR22.371. The customer is responsible for all analysis expenses.
All construction drawings are subject to Crown Castle engineering approval prior to commencement of
tower attachments and compound installations. Installation of equipment not conforming to approved
drawings may violate the terms of the occupancy agreement and will be corrected at the customers
expense. Crown Castle International requires drawings for pre -construction approval and as built
drawings for physical configuration validation to be submitted as unlocked AutoCAD files (Version 20001
preferred).
Appendix A - Antenna, Feedline & TMA Specifications
Antenna Specifications
Type Height Width , Depth Weight Flat Plate Area
Quantity Manufacturer Model
48.0 IN 14,0 IN 9.0 IN 20.3 LBS 2.54 FT2
9 CSS DUO1417-8686 PANEL
Feedline Specifications Nominal O.D.
Manufacturer Model Nominal Size
Quantity 1-5/8
Q 18 y ANDREW LDF7-50A 1.98IN
http://w��v.ccisites.comlengapplic/Apprri EngPrint.do?command=Vied-&appID=8737&pr... 9/26/2003
0 Z4
CFW
I'", r LEVEL
-F-
17, 7 -0,
crw
F wr !i6390_A _177DWC
't3 F- LEAL
SHENTEL
FEF :,.' !'6*j<_A_;E2 :Oc
150 FT LE,EL
TPllrtj
FEF r,*'
7 u0 n LEAL iPPOPCSED)
CINGULAR
- ; EF CVC 5 16 33D' A -1 .0 Omc
LE ,o _0-
1 .10 DWO
EF ClIr ' :�e' 7 7 C.'
7 E-:t
C.F "W,
CFW
rew
crw
0
Licensee Site Name: Middleton Crown Site Name: Ramey Property
License Site Number: 1410 Crown Business Unit Number: 816390
Exhibit 'B-2"
EQUIPMENT BUILDING/FLOOR SPACE DIMENSIONS
SEE ATTACHED SITE PLAN
THIS DRAWING IMAY BE REPLACED WITH AN APPROVED CONSTRUCTION DRAWING.
Prepared by: merry 19
Prepared on: 10-23-03
Licensee Site Name: Middleton Crown Site Name: Ramey Property
License Site Number: 1410 Crown Business Unit Number: 816390
Exhibit "C"
Wire Instructions
N/A
Prepared by: merry 20
Prepared on: 10-23-03
Licensee Site Name: Middleton Crown Site Name: Ramey Property
License Site Number: 1410 Crown Business Unit Number: 816390
Exhibit "D"
PRIME LEASE
SEE ATTACHED LEASE AGREEMENT
Prepared by: nterry 21
Prepared on: 10-23-03
VIRGINIA PCS LEASE AGREEMF
THIS LEASE AGREEMENT DATED HIS �3 day of AIOAJ , 1996 is by and between Elizabeth N. and William Larry Ramer (Owners) and
Virginia'PCS Alliance, LLC a Virginia Corporation, (VA PCS), comprised of CFW Communications, R & B Communications, Buggs Island Telephone Cooperative, Hardy
Communicatiops, Inc., Ncw Hope Telephone Cooperative, North River Telephone Cooperative, Pembroke Telephone Cooperative and Peoples Mutual Telephone Company.
1. LENSED PREMISES. The owner of the real property generally described as +/-
60 acres of Raw Land owned by Mrs Elizabeth N. and Mr. William Larry
Ramey and more particularly described on Exhibit A attached hereto (the Property )
hereby leases and grants the right to occupy and use to VA PCS certain space within
the Property depicted in Exhibit B attached hereto (the"Premises') for the purposes
of installing, operating, maintaining, repairing and replacing telecommunications
equipment including but not limited to a communications tower, 6 and up to 12 panel
antennas, equipment cabinets and all associated wires, cables, conduits and pipes
together with a nonexclusive easement running from the leased premises for the
duration of this lease for the purpose of ingress and egress and for the installation of
any utilities required to serve the leased premises or its improvements.
II. TERM. The initial term of the lease shall be ten (10) years ("Initial Term"),
commencing the date VA PCS begins alteration of the Premises ("Commencement
Date"), and shall automatically be renewed, without need of further documentation,
for two (2) additional five-year terms ("Renewal Terms") unless VA PCS provides
the owner notice of its intention not to renew 90 days prior to the expiration of the
Initial or then Renewal Term. VA PCS shall have the right, without penalty, to
terminate the lease at any time upon one year's prior written notice.
III. RENT. Rent in the amount o year shall be
due and payable in annual ins ments wit in Lorry true days of the
Commencement Date or any Anniversary Date thereafter. For each Renewal Term,
VA PCS shall pay the then current rent, plus an increase of an amount equal to five
percent (5%) of the Initial Term or the proceeding Renewal Term. If any installment
of rent is not paid within forty-five (45) days after its due date, then VA PCS will pay
a late charge equal to five percent (5%) of the annual payment.
IV. IMPROVEMENTS. (a) At VA PCS' expense and with minimal disruption to
the owner, VA PCS may install, operate and maintain the Equipment on the Premises.
In connection therewith, VA PCS may complete all work necessary to prepare,
maintain and alter the Premises for operation of the Equipment. 'Be design and
construction to be completed by VA PCS Alliance or its' agent, CFW Wireless. Final
approval and acceptance of that design and construction by William Larry Ramey.
Space required for the placement of PCS Equipment would be +/- fifty (50) square
feet. Interconnection of facilities, telco and electric coordinated and performed by
VA PCS; (b) At the termination of the lease, VA PCS shall have the right to remove
any and all equipment and/or improvements thereon, returning the leased premises to
its original condition normal wear and tear excepted. With consent of the owner, any
equipment or improvements not removed shall become the property of the owner.
V. MAINTENANCE. VA PCS shall be responsible for the maintcnance of the
Equipment and all improvements placed upon the leased premises by VA PCS.
Maintenance of the road leading to the Premises is the responsibility of William
Larry Ramey.
VI. UTILITY LINES. VA PCS' has the right to use, upgrade the owner's present
utilities and/or install new utilities on the Premises or bring utilities to the Premises at
VA PCS' expense. VA PCS will install a separate racier for billing purposes. The
owner shall have the right to utilize such lines that are installed on the premises
provided it pays for any utility charge incurred as a result of that use. On the
termination of this lease, all interest of VA PCS, if any, in the utility lint shall
r
terminate and VA PCS shall have no obligation to remove such lines.
VII. TAXES. The owner shall be responsible for all real estate taxes on the
Property. VA PCS shall be responsible for any and all real estate taxes or
assessments which may be levied against the Premises as a result of the construction
or existence of VA PCS' Equipment. In the event that such real estate tax or
assessment is not billed directly to VA PCS. VA PCS shall reimburse the owner for
the actual cost of the increase in real property taxes which are shown by the owner to
be directly caused by the construction or existence of VA PCS' Equipment.
Vill. INSURANCE. Each party shall maintain at its own expense insurance to
protect the other party from any and all loss arising from the use or ownership of the
property. Both parties shall be a named insured in such politics. To meet this
requirement, each party shall carry liability insurance with an insurer reasonably
acceptable to the other with the minimum coverage required by law. Each party shall
fumish the other with a certificate of insurance on an annual basis. Each policy shall
contain a requirement of thirty days written notice to the other party before
cancellation.
IX. SUBLEASE AND/OR ASSIGNMENT. (a) This agreement is binding on
successors and assigns of each party; (b) VA PCS may lease space- in or on its
improvements to other users.
X, INTERFERENCE, VA PCS shall install and operate the Equipment In a manner
which shall not chuse technical interference to the Owner. Beginning, on the
execution date of this Lease, the owner shall not allow any other use of the Property
which will cause interference with VA PCS' use. In the event that interference exists
between competing signals, the parties shall cooperate and exercise their best efforts
to eliminate such interference. Under normal circumstances, the responsibility for
eliminating such interference shall be with the party who was the last on the air to
transmit a new or changed signal.
XI. DEFAULT AND TERMINATION. This Lease may be terminated as follows:
(a) Upon written notice if, due to changed circumstances, VA PCS determines that for
technological reasons, the Premises are no longer suitable for their intended purpose;
(b) If VA PCS defaults in the payment of its rent for more than 15 days after written
notice of such default has been mailed by the owner, VA PCS' rights under this lease
shall terminate; (c) If there shall be any other default by either party in the
performance of any covenant or condition contained herein or hereinafter agreed to by
the parties in writing as an amendment to this lease for more that IS days after written
notice of such default has been mailed by the other party rho non defaulting party may
cure such default on behalf of the other party in which case the defatif lig patty shall
reimburse the other party for all sums paid to such cure, toge0;V10th_lnoe'ese_atThe- .
rate of 12% per annum and reasonable attorney's fees if they are incurred; (d)
Nothing contained in the foregoing section shall be construed to deprive erttier party
of additional legal or equitable remedies to which they are otherwise entitled; (e) In
the event of default or breach of this agreement, the party responsible 6i tho�default
or breach shall be responsible for the reasonable attorney's fees and expenses of the
other party in enforcing their rights under this agreement
XII. NOTICES. Any notice required or permitted to be given to a party in a
provision of this lease shall be deemed given if mailed by certified or registered mail,
postage prepaid, addressed as in exhibit C. Notice shall also be deemed properly
given if sent by overnight courier service with proof of proper delivery.
Xlli. MISCELLANEOUS. (n) The owner warrants that it owns the leased premises
and that there exists no covenant or restriction that would prohibit VA PCS from the
use of the leased premises for a communications site; (b) This lease is contingent
upon VA PCS being able to acquire all local, state and Federal permits and licenses
necessary for the use contemplated by this lease. Additionally, this lease is made
expressly subject to continuing approval from the FCC, or any governmental agency
that regulates VA PCS' business at the leased premises. If such approval is denied or
withdrawn during the term of this lease for any reason except VA PCS' violation of
any applicable law or governmental rule or regulation, then all rights and obligations
of cite parties hereto shall cease and the Lease Agreement shalt terminate as of the
date of such denial or withdrawal; VA PCS agrees to exercise its best efforts to
maintain such approval at all times. (c) This lease constitutes the entire agreement of
the parties and may be amended only by written instruments executed by the parties
hereto and their successors and/or assigns; (d) This lease my be recorded in the
appropriate clerk's office with the cost of recording to be borne by. the party
submitting the same for recordation. Both parties will cooperate In the execution of
any memorandum of lease to facilitate such recordation.
Exhibits A, B and C are attached to and made a part of this Aggrccemeen,L,
OWNER I:
OWNER 2:"
Address: P C_
Date:
Virginia PCS Alliance, LLC., a i ini orporation
By: / p
Its:
.,ter-�,,.r, Z29b0
Address: r�r r��-+x^^! VA
Date:
001nf Al A 1
EXIMIT A
PROPERTY
1. Description: +/- 60 acres of raw land owned by Mr. & Mrs, William Larry Ramey.
2. Location: Take I-81 to Stephens City, Va.; Turn right onto Rt. 277, then turn right onto
Town Run Lane. Go South until the road curves to the left. Proceed straight on
the unimproved road. After passing through the parked vehicles, turn right and
travel along the tree line for approximately 300' to site.
EXHIBIT B
PROPERTY
T
N
Directions: Take 1-81 to Stephens
City, Va.; Turn right on RL 277, then
turn right onto Town Run Lane.
Proceed South until the road curves
to the left. Proceed straight on the
IVunimproved
dirt road. After passing
.4
through the parked vehicles, tam
right and travel along the tree line -
for approximately 300' to site.
3
Pej�
Pl ent, one
-
/ i
i
/ 195' Lania i
/ Tower, Chain Linked i
/ Fence dt Equipment
/ Unimproved Road
60 Acres owned by
/ Mr. & Mrs. William Larry Ramey. i
i
/
/
/-------------------------------------------------
(This exhibit to be replaced by an As -Built Drawing)
EXHIBIT C
NOTICE
All notices shall be addressed as follows:
OWNER: Mr. William Larry Ramey
824 Peace and Plenty Lane
Stephens City, Virginia 22655
LESSOR: Virginia PCS Alliance, LLC
Attn: CFW Wireless
4_;•.,';^.._.
Tom Whitaker, Director - Network Operations
401 Spring Lane, Suite 300`�
Waynesboro, VA 22980
- —
010004057
0
WN101 W
Prepared by .
l3ahst. Calland. Clcmcnts & Zomnir. P.C.
Two Gateway Center. Fighth Floor
Pittsburgh. Pennsylvania 15219
ASSIGNMENT AND ASSUMPTION OF
SITE LEASE
THIS ASSIGNMENT AND ASSUMPTION OF SITE LEASE (the "Assignment") is
hereby made and entered into as of the 17"' day of March, 2000 by and between VIRGINIA PCS
ALLIANCE, LC, a Virginia limited liability company, as grantor for indexing purposes (the
"Assignor"), and CROWN COMMUNICATION INC., a Delaware corporation, as grantee for
indexing purposes (the `'Assignee").
RECITALS
A. On January 24, 2000, Assignee, as buyer, and Assignor, CFW Cable Inc., a Virginia
corporation, CFW Wireless Inc., a Virginia corporation,
CFW Cable of Virginia Inc., a Virginia.
i' corporation and West Virginia PCS Alliance, LC, a Virginia limited liability company, all as sellers,
entered into that certain Asset Purchase Agreement (the "Agreement") whereby Assignor agreed to
assign its interest in the Site Leases to Assignee, and Assignee agreed to assume Assignor's rights
and obligations under the Site Leases, as more specifically set forth herein and in the Agreement.
B. Assignor desires to assign the Site Leases to Assignee, and Assignee desires to
asst.ttne the rights and obligations under the Site Leases.
NOW, THEREFORE, for and in consideration of One Dollar ($1.00) and other good and
valuable consideration each to the other in hand paid and the premises and covenants hereinafter set
forth, the receipt and sufficiency of which is hereby acknowledged, Assignor and Assignee agree
as follows:
I , Incorporation of Recitals. The foregoing recitals are true and correct and are
expressly incorporated herein by this reference.
2. Defined Terms. Capitalized terms used but not otherwise defined herein shall have
the meanings set forth in the Agreement.
3, Assignment of Site Lease. Assignor hereby conveys, grants, assigns and transfers
to Assignee the leasehold estate as described on Exhibit A attached hereto and made a part hereof
(tile "Site Lease"), and all of Assignor's right, title and interest thereunder. In addition, Assignor
hereby conveys, grants. assigns and transfers to Assignee: (a) all rights to easements and/or licenses,
if any, which authorize ingress and egress to the property described in the Site Lease and/or
placement of guy wires, anchors and utilities; and, (b) all other rights, privileges and Appurtenant
Rights, if any, owned by Assignor, reversionary or otherwise, and in any way related to the Site
Lease.
•
U
4. Assumption of Site Lease. Assignee hereby accepts the assignment of the Site
as herein set forth, expressly assumes all of Assignor's Liabilities under the Site Lease (other than
(a) Retained Liabilities; (b) Liabilities arising out of the acts, omissions or conduct of Assignor prior
to the date hereof; or (c) other acts, omissions or conduct prior to the date hereof for which the lessee
or tenant is responsible under the terms of the Site Lease) arisingfrom
and after
tenant he dateof this
der the Site
Assignment to the same extent as if the Assignee were named as the
lessLease.
5. Agreement of the Parties. Assignor hereby expressly warrants that a true and correct
legal or other description of the leasehold estate created by the Site Lease between Assignor, as
lessee and Elizabeth N. and William Larry Ramey, as lessors (collectively, the "Lessor"), is attached
hereto as Exhibit "A" and incorporated herein by this reference. The Site Lease, and all
tes the entire agreement between the Lessor and Assignor with
amendments thereto, if any, constitu
respect to the subject matter of the Site Lease.
6. Recordation. Assignee has caused the Site Lease to be recorded on ouewb I?, 14$S
Count at 60.14 9 Z 1 Page S3
in the Clerk's Office of Fr�d�•«1�- County
es hereto
at
Execution and Counterparts. Tofacilitate each other execution,
Hand thatpthelexecuted teecopy shall
ree that this
Assignment may be executed and telecopied to party
be binding and enforceable as an original. This Assignment may be executed in as many
counterparts as may be required and it shall not be necessary that the signature of, or on behalf of,
each party, or that the signatures of all persons required to bind any party, appear on each
counterpart; it shall be sufficient that the signature of, or on behalf of, each party, or that the
signatures of the persons required to bind any party, appear on one or more of such counterparts.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
W '
IN WITNESS WHEREOF, the parties have executed this Assignment as of the date and:
year first written above.
ASSIUNbb:
CROWN COMMUNIC TION INC.
By:
Name: Jay J-In
Title: Attoract
ASSIGNOR:
ATTEST: VIRGINIA PCS ALLIANCE, LC
By: -
Name:
Title:
NOTARIAL AFFIDAVIT
COMMONWEALTH OF VIRGINIA
SS:
CITY OF RICHMOND
I a Notary Public within and for the
Commonweal—th�f Virginia, duly commissioned and acting, do hereby certify that on this 17`h
day of March, 2000, personally appeared before me Jay Brown, to me personally known to be'
the person who signed the foregoing Assignment and Assumption of Site Lease, and who, being.
by me duly sworn and being informed of the
ts of said of Crown Commuriic,attoated cana
e is the Attorney -In -Fact
acknowledged under oath that h
Delaware corporation, and, as such, is a duly certified individual who may enter into agreements
on behalf of that entity. Moreover, he has acknowledged that the entity has executed the same as; . _.
its voluntary act and deed and was voluntarily executed by himself, on behalf of said entity; for"
the uses, purposes and consideration therein mentioned and set forth. -: _ ----
tary Public the day and year above written.
WITNESS my hand and seal as such No
Not�rY Public My Commission Expires:
COMMONWEALTH OF VIRGINIA
: SS:
CITY OF RICHMOND
I a Notary Public within and for the
Commonwealth f Virginia, duly commissioned and acting, do hereby certify that on this lmle
day of March, 2000, personally appeared before me �.
personally known to be the person who signed the foregoing Atignment and Assumption of Site.:;,
Lease, and who, being by me duly sworn and being informed of the contents of saidof.irginia ent
stated and acknowledged under oath that he/she is the x
CS
Alliance, LC, a Virginia limited liability company, and, JA— su , is duly certified to enter into
agreements on behalf of that entity. Moreover, he/she has acknowledged that the entity has::.,,_.::_:: -
executed the same as its voluntary act and deed and was voluntarily executed by himself/herself,
on behalf of said entity, for the uses, purposes and consideration therein mentioned and set forth.
WITNESS my hand and seal as such Notary Public the day and year above written.
Y..1„ My Commission Expires 3 Z ° ° t
• � ottry Lublic
O
EXHIBIT A
SITE LEASE
•
N` �I
boo
v
SN+aLY Lluar VATA
u.. HRH. T>,�..+•f
1 S it l'l�ti Ii J So.•.•
t N Ld w IiN 'Se.•i
� AI il' 41• 41't s..e•'
4 S L1S' IO IYC S•.e:
I. '{Ills Y•wK S•Tr IS oN T1l t- IARR`i [AHC`i
TRK4 tNwJ AS Twx HAP bS- A- to Au0 ew5
'C•u., E7EO6k
wllllAM ultfY � E111A-11 •%• ¢I.eIEJ
-(• TN!' FItLT NATIeJAL DA Nµ� OF STRAS tS URlA Ac'
pay wit. •i-�,Lb TNa. YKe9KTl IS LS-IOS Ac
/.S '!N•...N DV
t,A tR•i C. NIHLI_RIGHT 1 LS 1 DAZEO Oft Ij, 1110.
2. �nRNC�fS eF TNt SITE Att HARM-t'o -IT" IR•uS.
tNA1-IT To THE Slit- IS A t5 wlOr
E: /•st MINT FR••'l Tet S•.rTN..CST CNt7 .f
'TewJ 9u0 l.Awe To T'M4 S.TY AS •:N•.•.J,
TOWER Sf1E FOR I•
crw WMELEss
y iVia- 101
1� a I•IL
Y` lyl DER14IiC0
T$ p
• off' �
Q ERfNN01Af1 �.
1� �o ha,JG~ +,iS4 C7. �lyINwT � w
„ Grp ph b° CuVM1oto No. c !�
ti v \y► 1187. .}7
f y wl°t' M ae N,.aY
i -a.• �.
11
A Syr .
OPEQUON DIST F� __ -•
VBtGW1A
SCALE 1' - 150' )AN 27, 1997
BRF.NNFMAN F1IGINFERING
SiVARiS DRAFT VA
I�I6 DWO S]N11 Sit 1 of 7
40
ti
J
Crown Site Name: Ramsey Property
JDE Business Unit: 816390
FIRST AMENDMENT TO LEASE AGREEMENT
This First Amendment to Lease Agreement ("First Amendment"), being made this r-34j"
day of N 0Wr"fb t.,' , 2000, between Elizabeth N. and William Laity Ramey, hereinafter
called OWNER and CROWN COMMUNICATION INC., a Delaware corporation, hereinafterealled
the LESSEE.
WHEREAS, OWNER entered into a Lease Agreement with Virginia PCS Alliance,,LLC..
Virginia Corporation (VA PCS) dated November 13, 1996, for a portion of a property located at 824�
Peace and Plenty Lane, Stephens City, Frederick County, Virginia 22655 (the -."Agreement's
WHEREAS, VA PCS assigned its interest in the Agreement to LESSEE; and
WHEREAS, the Parties hereto desire to amend that Agreement to increase the size of the
leased parcel, to provide for additional renewal term options, and to increase the rental payments due
to OWNER.
NOW THEREFORE, in consideration of the premises and intending to be legally bound
hereby OWNER and LESSEE agree to the following changes and modifications to the Supplement.
1. Paragraph I of the Agreement is hereby amended by deleting such paragraph and replacing it
with the following:
"I. LEASED PREMISES. The OWNER of the real property generally described as
approximately 60 acres of Raw Land owned by Mrs. Elizabeth N. and Mr. William;I;a!;;_
Ramey and more particularly described on Exhibit A — Revised 10/2000 attached hereto
Property") hereby leases and grants the right to occupy and use to LESSEE certain space
within the Property generally described as a 50' x 75' area of property on the Ramey's
property and more particularly described in Exhibit `B-Revised 10/2000" attached hereto (the
"Premises") for the purposes of installing, operating, maintaining, repairing and replacing
telecommunications equipment including but not limited to a communications tower,
antennas, equipment cabinets, equipment shelters and all associated wires, cables, conduits
and pipes. Owner hereby grants LESSEE a nonexclusive easement running from the Premises
to the nearest public right-of-way, for the duration of this lease, for the purpose of ingress and
egress and for the installation of any utilities required to serve the leased premises or its
improvements. In the event any public utility is unable to use the aforementioned right-of-
way, LESSOR hereby agrees to grant an additional right-of-way to the LESSEE or to the
public utility at no cost to LESSEE."
Pagel of 6
Crown Site Name: Ramsey Property
JDE Business Unit: 816390
2. Paragraph II of the Agreement is hereby amended by deleting such paragraph and replacing .it ;
with the following:
"H. TERM. The initial term of this lease shall be ten (10) years ('Initial- Term':')-
commencing on May 1, 1997 ("Commencement Date"), and shall automatically be renewed,
without need of further documentation, for four (4) additional five (5) year terms ("Renewal:..
Terms") unless LESSEE provides OWNER notice of its intention not to renew ninety (90)
days prior to the expiration of the Iiutial Terrn or then Renewal Term. LESSEE shall have
the right, without penalty, to terminate the lease at any time upon one year's prior written
notice."
3. -Paragraph III of the Agreement is hereby amended by deleting such paragraph andr60h
with the following: - -
"III. RENT. Rent in the amount offlM- '`-
a year effective October 1, 2000 shall be due and payable in semi-annual installmen&b_ the__
first day of the month in the months of May and November. For each Renewal: Term;
LESSEE shall pay the then current rent, plus an increase of an amount equal to five percent-,.
(5%) of the Initial Term or the proceeding Renewal Term. If any installment of rent is
paid within forty-five (45) days after its due date, then LESSEE will pay a late charge -equal- ..
to five percent (5%) of the annual payment.
4. Within thirty (30) days of the full execution of this' First Amendment, LESSEE shall pay
OWNER an additional one-time payment for rental for the current lease year in the amount ofJIM
Thereafter, on the semi-annual anniversaryof the
Commencement Date, as set forth above in annended Paragraph III, the semi-ann»al in.�ta- trK.T of
rent shall commence in the amount of
5. The effective date of this First Amendment between OWNER and LESSEE shall be the
(1st) day of the month in which this First Amendment is executed by all parties.
4. Except as modified herein, all other terms and conditions of the Agreement will remain in:' :. :.
full force and effect.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Page 2 of 6
Crown Site Name: Ramsey Property
JDE Business Unit: 816390
IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective
seals the day and year first above written.
-01- r
Witness
Witness
Witness
OWNER:
LESSEE:
Mrs. Elizabeth N. Ramey and _..
Mr. William Larry Ramey
E I kiz �ab cc t h Ramey
72�
Willarn. Larry Ramc�
Datf rI �,,z
CROWN CM&AU'NICATION 7, nc.,
aDf'--
IIM
Date:
Authorized Agent
3
Crown Site Name: Ramsey Property
IDE Business Unit: 816390
EXHIBIT A — Revised 10/2000
PROPERTY
l .
Description: Approximately 60 acres of raw land owned by Mr. & Mrs. William Larry Ramey.
2. Location: 824 Peace and Plenty Lane
Stephens City, Frederick County, Virginia 22655
3. Directions: Take I-81 to Stephens City, VA; Turn right onto Rt. 277, then turn right onto
Town Run Lane. Proceed South until the road curves to the left. Proceed straigh
on the unimproved dirt road. After passing through the parked vehicles, turn right
and travel along the tree line for approximately 300' to site.
A
•
� yv
4�
ti c
1 -1
S
X
O
_ l �
Y �
i
till •� nor
OL
i
Is
•
J
�y
h
- SFVRT u..a- OATA
l ►1 N r {TN kr
'S N U* 41' 41'! Kw
4. S OL' M IY6 So...,
1, 1111s T—tc. 7.T& Is OW t111- LARRY tApAq
TR •ACT •SN.-W AS TA% MMr 56-4-10 AMP
'C.•.+lit0• 0•e WKLIAM IARR'J 1 tUtAFA-M 1:. tM6.1
T. VU&- FIT&T WAT,..IA• SA..v— ./ STRASS.IsA 0-1—
op, SLS-+1Lb . SM0 Pt01ttw 1% I.A. Nb A--
As so...... 64 SuR.+tY / Plwr S.t
IJ.IRJ C. IIIMI�11414 r. LS , VA" 0(G M' I"&
-L. Cocw s AR 'Mt 7rrE- Aft MARkt9 wqu IFAW
S. ArNRTt...AJr -m Tu& Slrt- IS A i5 WIOt-
EAStMlMT 11"PA TA6. SOWN.HT C"p .I-
T.WJ 11UJ t•SIT*-LA.r. 'M& SIT*- A4 4Mw.63.
TOM Irm FOR
CFW W>R.l:LESE
WN-101
OPEQUON DLST FREMUCK CO.
VMGM
•� S SCALE V - ISo LAN 27.1997
„ ►' �AFSII�IiMAN
�4 �� tr► ,. ,� �. BRFNGRffF1tM
n
STUARTS DRAFT VA
M `�• 1197. P tw DWOMW SRI1t
�
Laxn
4
N
Crown Site Name: Ramsey Property
JDE Business Unit: 816390
LVER NOW
REr owc-
L390
EXHIBIT B — Revised 10/2000
PREMISES
49•-9'
PAD
)Y PAO
r.I r
r-.• -)•
(rn ))
EE.(C
E:S OPS
190 IT SS IOWER
CJIO
CPS
N/77IT9NME
�
ANi
a
ICE WAGE
1CC M40CE
V-7-
E 2• '.'r.'.
�•-o• Pt IY-0'
KE
1O•
P-rz1•-O• 7.2-
CAM
FS
+
T
EAOp(R
cyst
r..-,
1 IEr-r CAPE
I
K(oAoct I'-)'
7• R T'-.-
• •ARr G10-6
->-
IAtTE11 Pcpsr-
rOAE A 000R
r-lo r-7-
CEJftRA) DI GUPJ" I
u'
V-6, x -S- l COVERto S•_6•
MAT
PAC 14.-3. r '-' -
F— —i
S*-)0' C1 M L" r(MC't -�
r/) STRANDS Of WUtO WE
)r-9'
u(IER BOAM
RE7 CVIC 61U90-Tbahy
RIJSMS E"TAILM
33r 07 57.31 N.
10' 17 U. ('W.
39 O7 670 N.
Notes:
1. This Exhibit may be replaced by a land survey of the leased Premises once it is received by LESSEE.
2. The land survey will establish the leased Premises.
5
•
0
I I . *&
Crown Site Name: Ramsey Property
JDE Business Unit: 816390
I*&
EXHIBIT C — Revised 10/2000
NOTICE
All notices shall be addressed as follows:
OWNER: Mr. William Larry Ramey
824 Peace and Plenty Lane
Stephens City, Virginia 22655
LESSOR: Crown Communication Inc.
Crown Square at Southpointe
375 Southpointe Blvd.
Canonsburg, PA 15317
Attn: Real Estate Department
With a copy to:
Crown Atlantic Company LLC
4700 Corridor Place, Suite D
Beltsville, MD 20705
Attn: Vice President
M.
Crown SiteName: ttamsey Property
,,•,' ...
7DE Husincss Unit 816390
LEASE AGREEMENT
SECOND AMENDNI�T'fi0
This Second Amendment
to Lease Agreement (°Second Amcndrr nt"), being ,made
day o f , 2001, between Elizabeth N. and S1i�illiam Larry ',
hercinafier called bGVNER and OWN COMMMUCATIO )NC., a Delaware corporation,
hereinafter called the LESS•
AIMR.EAS, OWNER mitred into a Lease Agreement with Virginia PCS AMance, LT-C
Virginia Corporation (VA PCS) dated November 13, 1996, for a portion of tproperty lc�&t" and
at 824
Peace and Plenty Lane, Stephens City, Frederick County, Virginia 22655 ( ASt ); .
WIMItEAS, VA PCS assigned its interest in the A,greem=t to LESSEE, and
and OWNER entered into a FirstA.merdmtnt to Leaso Agree
�
WPTEF, LESSEE ------ - - - -
datcdNovcmbeY 13, 2000 (the `First Amendmeeei ; and ----
- — - ---
WHEREAS, the Parties hereto desire to firthw amp that Agreement by agreeing
t=me
s in the First Amendment are mil, void and of no effect, ar)d that the terms set forth hcrtiti
supersede ace and replan terms and conditions in the First Amendmet, 4Yluch terms and conditions:;_ <.
Will increase the size of the leased parcel, provide for additional renewal term options, and i =ew=
_-
the, rental payments due to OWNER.
NOW THEREFORE, in consideration of the prcmisbs and intendir'g to be legally board
hereby OWNER and LESSEE agree to the following changes and modifications to the Supplement.:
1. The Parties hereby agree that all terms anti cardittons set fQrth =n t- x; Amendment are
further agree that the terms and conditions sa forth in this=_
will, void and of no effect The Part' f the l~irst AmcztdmerYt.
Second Amendment supersede and replace all terms and conditions o ;
2- Paragraph I of the Agreement is hereby amended by deleting such paragraph and replacing it
with the following:
"L LEASED PREMISES. The OWNER of the real property generally descr bed .6s .--
approx rely 60 acres of Raw Land owned by Mrs. Elizabeth K and Mr. William Larry
Ramey and more particularly described on Exhibit A — Revised 10/2000 attached hereto ("the
Property") hereby leases and grams the right to occupy and use to LESSEE certain space
within the Property generally described as a 50' x 75' area of property on the RsmefS
property and more particularly descried in Exhibit `B-Revised 10/2W l attached. hereto (the
'Trtnaists") for the purposes of installing, operating, mg, T and replacing
telecommunications equipment including but not limited to a c45DVMM cations tower,
antennas, equipment cabinets, equipment shelters and all associated ems, cables, conduits
Crown Sim Name: RamseyProperty
ME Rusims Unit: 916390
and pipes. Owner hereby grants LESSEE a nonexclusive easement n=ing from the
to the nearest public right-of-way, for the duration of this lease, for the purpose of
ingress arid'`
egress and for the bistallation of any utilities required to serve the leased premises or,
to use ao afbrementioned rigbt-of-.1-7
improvements. In the event any public utility is unable
n- or to alt
Way, LESSOR hereby agrees to f- -of-WAY to the LESSEE
;raiftt an additional ght
public utility at no cost to LESSEE."
3. Paragraph IT of the Agreement is hereby amended by deleting such paragraph and replacingit'.
with the following:
n1l. TERM. The initial term of this Imse &baU be_'ten (10) years ("Initial Terrn'):-
cora=ncing on May 1, 1997 ("Commencement Datel, and shall automatkaily be renewed,.: -
without need of fi=her documentation, for foul (4) additional five (5) Year tents
its
jenny") unless LESSEE provides MNERnotim of intention not torenew ninety e
Z'
days prior to the expiration of the Initial Term or then Renewal Term- LESSEE shall 14�
the right, without penalty, to terminate the lease at any time upon one ye.ar's prior wriddiio-_.-i��t��
IIU*�' 12
M.
4. Paragraph EJ oftho Agreement is hereby amended by deleting, such paragraph and rep
with the following:
"M RENT, Rent id the =O=t 0
a year effective October 1, 2000 shall be due and payable in seni-annual installments
first day of the month in the months of January and July. For each Renewal Term, L'E9$)EF,:
shall pay the then current rent, plus an increase ofan amount equal to five percent (5%) offt''-
Initial Term or the proceeding Renewed Term, which increase shall become effective J&Mlaq
1 of the year each term is rcnewod. If any instalh=t ofrentis not paid within forty-five (45)
days after its due date, then LESSEE will pay a late charge equal to five percent (SO/o) ofthe
annual payment."
5. Within thirty (30) days of the full execution of this Second Amendment, LESSEE shaU'PV
OWNER an additional one -tone -time payment for rental for the period of October 1, 2000 through
30,2001 in the amount o
semi-annually in the months of Janvmry and July, as sat forth above in amended P h in, the
semi-annual installment of rent shall conuwme in the amount 0-
Dollars OUMbeginning with the July 1, 2001 rental payment.
6. The effective date of this Second Amendment between OWNER aiftd LESSEE shall be; the
first (1st) day of the month in which this Second Amendment is executed by all parties.
7. Except as modified herein, all other terms and conditions of the Agmement will remain in
full force and affect.
Page 2 of 6
LOO/COO'd 6@9C4 ONI IIWM HMO'd,,) TTTL-0CC-408 BTIGT 1003,CT-TiTA
Crown Site Name: Ramsey Proporcy
JDB Business Unit 816390
IN WITNESS WHEREOF, the Parties; hereto have set their hands and affix6d their rospcctive
seals the day and year first above written.
Witness
Witness
1-INIMI-1 "mar.-f7my �
llAil,
I Mj 1,
OWNERU Mrs. Elizabeth N. Ramey and
Mr. William Larry Ra=y
Euzabc". Ra=Y
WM=L=YRarn0Y
Date:
LESSEE- CROWN CON24MICA110N
a Delaware comotatioift
]aY: AM!,L"
Varini P. Paig
Authorized ent
Date:
LOOMO'd 6tSC#
NW00 Mtiold:] TTTL-0Et-M GT:ST TOOZ,CT'UW
Crown Sirs Name: Runsey Property
ME Business Unit- 816390 -
1.
2.
3.
EMBIT A Devised W2000`
PZtOPERT'St
Description: Approximately 60 acres of rave Iand owned by Ivir. & Mrs. William lAtry I cy:
Location: 924 Peaeq! and ]plenty Lane
Stephens City, Frederick County, Virginia 22655 —
Directions: Take 1-81 to Stephens City, V-4A T= right onto Rt. 277, then turn right onto
Town Run Lane. Proceed Sotah until the road curves to the left. Proceed straight
on the unimproved dirt road- After passing through the parked vehicle, turn right
and travel along the tree line for approximately M0' W site.
4
Looicoo'd ors£# cxi t 400 NMOVO TTTL-0££-M OTIST Tooz,£T"dYW
Cm. SitaNone: Ramsey Pr0Pery
JDfi uslmms Unix 816390
►iTi11 polO
►U OrC
T-I Y
t.-�.
I ".Y t T L.,
- -
-
.Tr".
Ir-20
■s ' -�
EXHIBIT B — Revised 10/2000
PREMISES
19 -b'
A�0
3Tr R:D
DW it
to if
low
as y p rt 1
MT -
a rK+x
Kt MOCt t'-3'
Os A
t : r-.
t1y0-
LAMA [" A
`9.00 •DOOR
'
1'-10' C. Y
tG+iwu x n
Y-1I- MOY1G I
y �d t If
U
..-•� C?`M IIQ� r�l1Vj I
-1
■/ 3 =MAP= CO ""0 St.,( y �
W-4- WE
AY OM FILM-. wv
lf.+dtt wa�1Nt0
I
I LV rr ar o. P& I
NOte5:
1. This Exhibit maybe replaced by a land survey of the Iczsed Premises onceit is rxcivcd by LESSEE.
2. 1-be Lnd survey will establish the ]-eased Premises.
L001900'd 61SCO
5
i iri00 XPIOY 0
T7TL-OEE-906 BT:ST TOOZtET-Wrl
Crown SR6 NAM9 i A=Y PrQAe'
JDg BuStAM Unit 616390
EXI Mff C — Revised YO1 OW
NOTICE
All notices shall be addressed as follows:
OWNER: Mr. WMURn Lm-ry RmDey
924 peace and Plenty Lane
Stephens City, Virginia 2655
LESSOR: Crown Communication Inc,
Crown Square at Southpoiosa
-----------.--- ---- - - -- -375 Southliointc Btv& - --
Cpusburg, PA 15317
— ------------_-------.-----.__--___ -.Attn:RmlEs=DepW meat -
With a copy to:
Crown Atlxr Company LLC
4700 Corridor Place, Suite D
Beltsville, MD 20705
Attn: Vice president
m
L00/L00'd 66S£#
0NI I WOY WM080 TTTL-0££-M 6T:ST i00Z,£T'�M
Licensee Ski Ntune::: Ivfidcileton
License Site Number. 1410
Crown Site*NzMf— wW
Crown Business Unit i t
Exhibit "E"
FCC Form 854R (Antenna Structure Registration)
N/A
Prepared by: nterry 22
Prepared on: 10-23-03