HomeMy WebLinkAbout71-06 Verizon Wireless - Opequon - Telecommunications Facility - Backfile (2)SITE PLAN TRACKING SHEET
Date;
/ A o File opened
/ Reference Manual updated/number assigned
D-base updated
File given to Renee' to update Application Action Summary
CLOSE OUT FILE;
[qld� Approval (or denial) letter mailed to applicant/copy made for file
File stamped "approved", "denied" or "withdrawn"
/ 01 Reference Manual updated
D-base updated
54 D 7 File given to Renee' for final update to Application Action Summary
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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 retumed to the
applicant(s).
(1) One (1) set of approved camment 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
�C Department of GIS (Geographic Infomnation Services)
k Frederick County Sanitation Authority
Frederick County Building Inspections Department
Frederick County Department of Public FJorks
Frederick County Fire Marshal
X Frederick County Health Department
Frederick County Department of Parks & R_mreafion
X Virginia Deparment of Transportation (VDOZ)
City of VFmchester
C� Town of Stephens City
Town of Middletown
Frederick County / Winchester Airport Authority
L (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).
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ORDER
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BY
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ivia), 14, 2007
(if f, �i.RY,flyRlCI«
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
IVlorris & Ritchie Assoc.
Attn: Emily Olivetti
1220 C Last Joppe Rd., Ste. 505
Towson, N/lD 21286
RE: Approval of Site Plan #71-06, Verizon Wireless-Opequon
Property IdentificatioI] Number (PIN): 74-A-67
Deal- N/Is Olivetti:
The Frederick County Department of Planning and Development administratively appl'Oved
the above -referenced site plan on May 10, 2007. The site plan is approved foi- an expansion
of an existing telecoil MUlllcation tower site located off of Soldiers Rest Lane in the Back
Creek N/lagisterial District. This expansion includes some of the following:
• New 20' x 20' equipment shelter, generator, ice bridge and meter/circuit breaker
• GPS Units
• Verizon antennas mounted on the existing tower (does not increase approved height)
The site plan meets all requirements for development in the RA (Rural Areas) Zoning
District. All relevant review agencies have approved the project at this time. I am providing
you with three (3) copies of the approved site plan. Please forward these copies to the
appropriate representative(s). Furthermore, advise the owner(s) that a copy should be kept
for future reference, and an approved copy must be kept on the construction Site throughout
the development process. Once site development is complete, the 0w11C1'(S) ShOUld contact
this office to schedule an on -site inspection. Do not hesitate to contact me should you have
any questions or concerns.
Sincerely,
2C �
Candice E. Perkins
Planner II
Enclosures
CEP/bad
cc: Jane Anderson, Real Estate
Bal'bai-a Van Osten, Back Creek Magisterial District Supervisor
Cordell Watt and Greg Unger, Back Ci-eck District Planning Co11 missionci'S
Kitty B. I-lockman, 121 Soldiers Rest Lane, Wlllchestei-, VA 22602
Commissioner of Revenue
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
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Mali to:
Frederick County Insp,
Attn: Building Of Icial
107 North Kent Street
Winchester, VA22601
(540) 665-5650
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Hand deliver to:
Dept. 107 N. Kent Street, Sutte 200
North Building, 2' Floor
Winchester, VA
(640) 665-5550
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Please fits out the inforrnalioLs accurately as possible in order to assist the agency wlth their
review. Please attach one J1) copy of the site plan with this cheat
Applicant's Name: i� O1�(,!`a 1LI ZC.I- e A�5o ii/ c—f, IA-t- iia77�r r cr/c,. OC-r v e,4i)
Address: VF'A r.6A? 15; ( ���•;
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Phone Number. _ 4110- ezLZ C 9U
Name of development and/ot descnption of the request
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Structure shall comply with The Virginia Uniform Statewide Building Code and Section 312, use
group U (Utility and Miscellaneous) of The International Building Code 2003. Structural plans
submitted for permit application shall be sealed by a Va. Licensed Design Professional. Please
note the requirements in Chapter 17 Special Inspections for this type structure, soils, concrete,
bolts, etc.
Note: All chapter 1 VUSBC min. inspections shall be conducted by the Frederick County
inspection staff. Request to utilize a third party inspection agency that complies with the
Frederick County policy, shall have prior approval granted by the Building Code Official.
02/15/2007 15:07 54&0682 0
PAGE 02
I
February 15, 2007
Ms. Emily Olivetti
Morris & Ritchie Associates, Inc.
1220-C East Joppa Road, Suite 505
Towson, Maryland 21286
RE: Site Plan Comments - Verizon Wireless - Opequon
Frederick County, Virginia
Dear Ms. Olivetti:
COUNTY of FREDERICK
Department of Public Works
540/665-5643
FAX: 540/ 678-0682
Upon review of the site plan dated February 6. 2-007, we offer no comments at this time.
Therefore, we recommend our approval of the subject site plan. Since the project proposes the
disturbance of less than 10,000 square feet, the proposed improvements will not require a Land
Disturbance Permit.
I �
( Sincerely,
Joe C. Wilder m If
Deputy Director
JCW/mlr
cc: Planning and Development
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107 Nox-th Kent Street • Winchester, Virginia 226071-5000
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WINCHESTER REGIONAL AIRPORT
.�+ 491 AIRPORT ROAD
s[mTHE
TOP OFF VIRGWIA WINCHESTER, VIRGINIA 22602
(540) 662.2422
HO�y
RE I V E D
March 30, 2007 MORRIS & rA, I Ur11L noou01ATES
Emily Olivetti
Morris & Ritchie Associates, Incorporated
1220=C East Joppa Road, Suite 505
Towson, Maryland 21286
Re: Co -Locate Antennas at 200'
121 Soldiers Rest Lane
Winchester, Virginia — Opequon Magisterial District
Dear Ms. Olivetti:
We have reviewed your request for site plan comments to place antennas at 200'
on an existing tower located at 121 Soldiers Rest Lane.
Since the existing tower is the immediate controlling obstruction you will not be
required to file with the Federal Aviation Administration or the Virginia
Department of Aviation for an aeronautical airspace study. However, your
company must still meet any other local, State or Federal requirements.
Thank you for allowing us the opportunity to review these plans.
Should you have questions, please do not hesitate to contact me.
Sincerely,
Serena R. Manuel
Executive Director
0
•
TOWER SPACE SUBLEASE AGREEMENT
SHENTEL SITE ID: TWR022 Winchester South
FCC REGISTRATION NO.: 1025561
LESSEE'S SITE ID: Opequon
This Tower Space Sublease Agreement, hereinafter referred to as "Lease", is made by
and between SHENANDOAH MOBILE COMPANY, a Virginia corporation, with its office at
500 Shentel Way (Post Office Box 459), Edinburg, Virginia 22824, hereinafter referred to as
"LESSOR", and VIRGINIA 10 RSA LIMITED PARTNERSHIP, a Virginia limited partnership,
with its office at 180 Washington Valley Road, Bedminster, New Jersey 07921, d/b/a VERIZON
WIRELESS, hereinafter referred to as "LESSEE."
WITNESSETH: In consideration of the mutual covenants contained herein and intending
to be legally bound hereby, the parties hereto agree as follows:
1. Premises: LESSOR is the owner of a 250 foot communications tower (the
"Tower") situated on real estate owned by Kitty B. Hockman, et al, and being more particularly
described in Deed Book 546, Page 604; and in Deed 754, Page 1418, recorded in the land records
of Frederick County, Virginia (corrected in Deed Book 756, Page 1849); also known as Tax
Parcel 74-A-67 as shown on the tax maps of Frederick County and being situated at 39' 07'
26.058" N latitude and 78' 12' 43.22" W longitude (the "Property"). LESSOR hereby subleases
to LESSEE space on LESSOR' s Tower (the "Tower Location") together: (i) with a 22' x 40'
portion of ground space for the placement of LESSEE's equipment shelter (the "Equipment
Area"), (ii) space between the Equipment Area and the Tower for LESSEE's cables and
icebridge, and (iii) a non-exclusive right of way for access by vehicles and pedestrians and for
utilities, all for the installation, maintenance, and operation of radio communications equipment
(the "Communications Equipment"), said antennas, cabling and other equipment being more
particularly described on Exhibit "A".
The Equipment Area, including any rights of way, and Tower Location may be
referred to collectively as the "Leased Premises". A description of the Leased Premises and the
rights of way are set forth on Exhibit "B".
LESSEE and LESSOR acknowledge that LESSOR' s rights in the Leased
Premises derive from a certain Deed of Ground Lease Agreement dated the 51h day of March,
1996, between LESSOR herein and Kitty L. Hockman, Trustee of the Robert E. Hockman
Marital Trust, et a], hereinafter referred to as the "Prime Lease". A copy of this Prime Lease
shall be attached as "Exhibit C" hereto (the financial terms removed), and all of the terms,
conditions and covenants contained in this Lease shall be specifically subject to and subordinate
to the terms and conditions of the Prime Lease. The LESSEE specifically agrees that it will not
violate any of the terms and conditions of the Prime Lease as it applies to LESSEE's use of the
Leased Premises. The term and renewal terms of this Lease are not coterminous with those of the
Prime Lease; therefore, notwithstanding any other provisions herein, in the event the Prime Lease
is terminated for any reason, other than to be replaced by a subsequent Prime Lease between the
1
landowner and LESSOR, at any time during the term of this Lease, this Lease shall also be
terminated and the termination shall be effective on the date the Prime Lease is terminated. In
such event, LESSOR shall have no liability to LESSEE for any damages incurred by LESSEE as
a result of such termination and LESSEE waives any such claims. In the event that LESSOR
knows that the Prime Lease will terminate, LESSOR will give LESSEE ninety (90) days prior
notice. Notwithstanding the foregoing, LESSOR covenants and agrees for the benefit of
LESSEE that it will not terminate the Prime Lease, and will exercise any renewal options under
the Prime Lease, as long as this Lease is in effect. LESSOR has full authority to enter into and
execute this Lease and warrants that no consent to sublease is required from the LESSOR under
the Prime Lease, or, if required, such consent has been obtained. LESSOR hereby further agrees
that: (a) it shall comply with all of the terms and conditions of the Prime Lease, and (b) it will not
amend or modify any provision of the Prime Lease that would have a material adverse effect on
LESSEE' s rights or obligations under this Lease.
2. Term: This Lease shall be for an initial term of five (5) years commencing on the
date (the "Commencement Date") that is the earlier to occur of: (a) the first day of the calendar
month following LESSEE' s receipt of the last of the necessary local, state, and federal
approvals, licenses, and permits so as to permit construction and/or installation of equipment on
and use of the Leased Premises for all of the purposes permitted by this Lease (such approvals,
licenses, and permits hereinafter collectively called the "Approvals"), (b) the first day of the
calendar month following LESSEE's commencement of construction on the Leased Premises; or
(c) January 1, 2007, whichever first occurs.
3. Renewals: Provided that LESSEE is not then in default, this Lease shall
automatically renew for four- (4) additional five (5) year terms, under the same terms and
conditions unless LESSEE gives LESSOR written notice of its desire to terminate this Lease six
(6) months prior to the end of the then current term.
If at the end of the fourth (4th) five (5) year renewal term this Lease has not been
terminated by either party giving to the other party written notice of its intention to terminate this
Lease at least six months prior to the end of such term, and LESSEE is not then in default, this
Lease shall continue in force upon the same covenants, terms, and conditions for a further term
of one (1) year and for annual terms thereafter until terminated by either party by giving to the
other party written notice of its intention to terminate this Lease at least six months prior- to the
end of any such term.
4. Rental:
(A) LESSEE shall pay as base rental for the Leased Premises the sum of
per year to be paid in
equal monthly installmMMMIAon the first
day of each month, in advance without setoff or deduction, (the "Monthly Rental") to:
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BA3/328025.03
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Shenandoah Mobile Company
ATTN: Tower Rent — TWR022
P. O. Box 488 (U. S. Postal Service)
106 S. Main Street (Overnight Courier)
Edinburg, Virginia 22824
or to such other person, firm, or place as LESSOR may, from time to time, designate in writing at
least thirty (30) days in advance of any rental payment date.
(B) Rent will be increased annually at the rate of three percent (3%) per annum
upon each anniversary of the Commencement Date.
(C) Except as otherwise provided herein, no reduction in rent nor refund of
any Monthly Rental shall be due LESSEE on account of removal of any item of Communications
Equipment by LESSEE during any term of this Lease.
(D) If any installment of Monthly Rental is not paid within ten (10) days after
written notice from LESSOR that the same is overdue, in addition to any other remedy provided
herein LESSEE shall pay LESSOR interest on such installment at the rate of one percent (1 %)
per month of such Rent from the date that such installment is due.
(E) LESSEE shall pay any increase in real estate, personal property, business
or use taxes of any kind levied against the Property or payable by LESSOR which are directly
attributable to the Communications Equipment or improvements or usage of the Leased Premises
by LESSEE; provided that LESSOR provides LESSEE reasonably sufficient documentation
evidencing that such increase is attributable to the Communications Equipment or improvements
or usage of the Leased Premises by LESSEE.
5. Termination: This Leasc may be terminated as follows:
(A) By either party, upon default of any covenant or term of this Lease by the
other party, which default is not cured within thirty (30) days of receipt of written notice to the
defaulting party detailing such default. Notwithstanding the foregoing, if a non -monetary default
is of such a nature that it is not capable of being cured during such thirty (30) day period, the
defaulting party shall have an additional thirty (30) days to cure such default provided the
defaulting party has commenced to cure during the initial thirty (30) day period and diligently
pursues the cure thereafter. During the continuance of any default after the expiration of the
applicable cure period or periods, the non -defaulting party may terminate this Lease by giving
notice of termination to the defaulting party, and the non -defaulting party may exercise any other
remedies it may have under this Lease or at law;
(B) In accordance with either Section 19 or Section 29 hereof;
(C) By LESSEE, without further liability hereunder for the payment of rent but
subject to the terms and provisions of this Lease that expressly survive termination, upon
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BA3/328025.03
providing ninety (90) days' prior written notice to LESSOR with such evidence as LESSOR may
reasonably require, of any of the following:
(1) If LESSEE, through no fault of its own and after diligent efforts, is
unable to obtain or maintain any permit or approval after obtaining the initial Governmental
Approvals (as defined below) to operate its facilities;
(2) If LESSEE determines that any of LESSEE's equipment cannot be
used without interference from, or causing any undue interference to, other property or
equipment in the area of the Property;
(3) Notwithstanding anything to the contrary contained herein, and
provided LESSEE is not in default hereunder and shall have paid all rents and sums due and
payable to the LESSOR by LESSEE, LESSEE shall have the right to terminate this Lease upon
the annual anniversary of this Lease provided that three (3) months prior notice is given the
LESSOR. Upon termination pursuant to this provision, LESSEE shall pay to LESSOR, in
addition to the monthly rent due through the termination date, a lump sum payment equal to six
months rent, computed at the escalated monthly rental rate that would have been due had the
Agreement continued into the next annual period.
(D) Upon termination of the Prime Lease; provided that LESSOR has not entered
into a subsequent Prime Lease with landowner with respect to the Leased Premises.
6. Use: LESSEE shall use the Leased Premises solely for the purpose of
maintaining and operating a commercial communications facility and uses incidental thereto and
all necessary appurtenances. LESSEE represents that its primary business is the provision of
radio transmission or communication services. It is understood and agreed that LESSEE's ability
to use the Leased Premises is contingent upon its obtaining after the execution date of this Lease
all of the certificates, permits and other approvals (collectively the "Governmental Approvals")
that may be required by any Federal, State or Local authorities. LESSOR shall cooperate with
LESSEE in its effort to obtain such Governmental Approvals and shall take no action which
would adversely affect the status of the Property with respect to the proposed use thereof by
LESSEE. In the event that (i) any of such applications for such Governmental Approvals should
be finally rejected; or (ii) LESSEE determines that such Governmental Approvals may not be
obtained in a timely manner, LESSEE shall have the right to terminate this Agreement; provided
that LESSEE has diligently pursued obtaining such Governmental Approvals and LESSEE is not
at fault for the failure to obtain such Governmental Approvals. Notice of LESSEE's exercise of
its right to terminate shall be given to LESSOR in writing by certified mail, return receipt
requested, and shall be effective upon the mailing of such notice by LESSEE.
7. Improvements; Interference: All improvements shall be at LESSEE's expense
and the installation of all improvements shall be at the discretion and option of the LESSEE. Upon
written consent of LESSOR, which consent will not be unreasonably withheld, LESSEE shall have
the right to replace, repair, add or otherwise modify its equipment or any portion thereof, whether
the equipment is specified or not on any exhibit attached hereto, during the term of this Lease;
provided, however, that without LESSOR' s consent LESSEE may: (i) upon notice to and written
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BA3/328025.03
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consent of LESSOR, said consent not to be unreasonably denied, withheld or delayed, replace any
Communications Equipment located on the Tower with similar and comparable equipment
provided said replacement does not materially increase loading of the Tower, and (ii) modify or
replace any equipment located within LESSEE's equipment shelter. Upon completion of
application for the replacement of antenna or like equipment to be placed on LESSOR' s tower,
together with all applicable equipment specifications therewith, in the event LESSOR does not
respond to LESSEE regarding its request within fifteen (15) calendar days of LESSEE's request,
said request shall be deemed approved. No materials may be used in the installation of the
antenna(s) or transmission lines that will cause corrosion, rust, or deterioration of the Tower or
its appurtenances. All attachments to the Tower shall be by means of detachable connections,
clamps, and straps. No drilling, hole punching, or welding shall be permitted. The antenna(s)
will be identified by a metal tag fastened securely to its bracket on the Tower and the
transmission lines are to be tagged at the top and bottom of the runs. LESSEE agrees to attach to
LESSOR' s grounding system at LESSEE's cost and expense. LESSEE shall secure and pay for
all permits, fees and licenses necessary for LESSEE's work or operation of its Communications
Equipment. All initial work and installations and any material alterations for the use of the
Leased Premises shall be performed by LESSEE in coordination with LESSOR. LESSOR shall
have the right to schedule structural analysis with the company of its choice and require LESSEE
to pay the reasonably costs for the structural analysis to ensure that the addition of the
Communications Equipment and other property of LESSEE will not compromise the integrity of
the Tower or its usefulness to LESSOR. Should it be determined that such integrity would be
compromised beyond existing safety standards, LESSEE will have the right to modify its
proposal, terminate this Lease or, with LESSOR' s prior written consent, such consent to be in
LESSOR's sole discretion, pay to have the Tower reinforced.
LESSEE agrees to have installed radio equipment of the type and frequency which
will not cause material and/or unreasonable radio interference ("Interference") to equipment
existing as of the date of this Lease of LESSOR or other existing sublessees of the Property. In
the event that LESSEE' s equipment causes Interference in violation of the previous sentence and
after LESSOR notifies LESSEE of such interference, LESSEE agrees immediately to use its best
efforts to correct and remove such Interference. The Parties acknowledge that there will not be
an adequate remedy at law for non-compliance with the provisions of this paragraph and
therefore, either party shall have the right to specifically enforce the provisions of this paragraph
in a court of competent jurisdiction. Subsequent to the Commencement Date, LESSOR shall not
allow any other use of the Leased Premises, which will cause Interference with LESSEE's
equipment. In the event of such Interference, LESSOR or LESSEE may take all necessary action
(including obtaining injunctive relief) to ensure the party causing the Interference takes
appropriate action to correct and eliminate this Interference. Except as otherwise set forth in this
Lease, LESSOR must approve of all antenna changes and/or- modifications. All reasonable, out-
of-pocket costs associated with said approvals will be paid or reimbursed to LESSOR by
LESSEE.
LESSOR shall have the right to require LESSEE to pay the reasonable costs for a
frequency and/or intermodulation study to be performed prior to its installation to ensure that the
operations of LESSEE's Communications Equipment will not cause frequency interference.
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BA3/328025.03
LESSEE will have full and free access to the Leased Premises twenty-four (24)
hours per day, seven (7) days per week, to perform maintenance or repairs to its equipment,
however, only authorized engineers, employees or properly authorized contractors of LESSEE
will be permitted to enter the Leased Premises. LESSEE shall only use the access easement
designated by LESSOR to reach the Leased Premises.
3. Plans and Specifications: Prior to beginning the initial installation of LESSEE s
Equipment, LESSEE, at LESSEE's expense shall submit to LESSOR the following: (i) detailed
site plans and specifications setting forth the proposed antennas and other equipment, the height
and location of such equipment, and the construction, installation, and other work to be
performed on the Tower and the Property, (ii) a list of all known frequencies licensed or assigned
to LESSEE by the Federal Communications Commission (the "FCC") to be used at the Leased
Premises. LESSEE shall not install its initial equipment on the Tower until LESSOR approves,
in writing, LESSEE's site plan, plans, specifications, and frequencies, such approval not to be
unreasonably conditioned, delayed or denied.
9. Compliance: LESSOR covenants that it will keep the Property and Tower in good
repair as required by all Federal, State, County or Local Laws. LESSOR agrees that it shall
comply with all rules and regulations of the FCC and the FAA and Environmental Laws, as
defined herein, including 47 C.F.R. §1.1310-1.1319 (applicable rules and regulations of the FCC
and the FAA together with applicable Environmental Laws shall be referred to collectively as the
"Regulations") which apply to the LESSOR' s equipment and ownership, placement and
maintenance of the Tower (including, without limitation, all required lighting and marking).
Costs that result from modifications to the Tower to accommodate LESSEE's equipment
(including but not limited to the installation or modification of lighting and/or marking, or the
reinforcement of the actual tower structure) or damage to the Tower caused by LESSEE, or
LESSEE' s agents, employees, or subcontractors, shall be the responsibility of LESSEE and shall
be payable by the LESSEE within thirty (30) days of receipt of invoice for such repairs and/or
modifications. Except for emergency repairs resulting from damage caused by LESSEE,
LESSEE will be provided with an estimate of the cost of the repairs for damage caused by
LESSEE, or modifications required to accommodate LESSEE's installation prior to any work
being performed by the LESSOR. LESSEE shall promptly notify LESSOR in writing of any
deficiency in or required maintenance to the Tower. If LESSOR fails to make any specifically
required repairs or respond to LESSEE in writing regarding such repairs within thirty (30) days
of the time such notification of repair is received by LESSOR, LESSEE may, upon written
notification to LESSOR setting forth the repairs that LESSEE is undertaking and the estimated
cost of such repairs, make the necessary repairs and the costs thereof shall be payable to LESSEE
by LESSOR. All installations and operations in connection with this Lease by LESSEE shall
comply with all Regulations. Under this Lease, LESSOR assumes no responsibility for the
licensing, operation, and/or maintenance of LESSEE's equipment.
10. LESSEE's Duties: LESSEE agrees that during each term of this Lease, it will
carry out and perform the following duties, obligations, and responsibilities:
(A) To the extent applicable, all construction will meet EIA standards RS-222E
and the National Building Code. Except as otherwise set forth in this Lease, LESSEE will install
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BA3/328025.03
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no other improvements on the Leased Premises without first obtaining the prior written consent
of LESSOR which consent shall not be unreasonably withheld. All of the above shall be at
LESSEE' s expense;
(13) LESSEE shall preserve existing waterways, tile systems, terraces, and
draining ditches on the Leased Premises;
(C) LESSOR shall, at all times during the term of this Lease, provide electrical
service and telephone service access within the Leased Premises; provided, however, that
LESSEE shall be solely responsible for all costs and expenses relating to the connection,
disconnection, consumption and use of any utilities in connection with LESSEE' s construction,
installation, operation, and maintenance of the Leased Premises. 'Phis includes, without
limitation, any electric consumption by its equipment. If permitted by the local utility companies
servicing the Property, LESSEE shall contract directly for utilities to be used by LESSEE' s
installation. If LESSEE is unable to contract directly for LESSEE' s electricity consumption,
LESSEE shall furnish and install submeters at the Property for the measurement of electricity
consumed by LESSEE's installation. If any of LESSEE' s utilities are submetered, LESSEE shall
pay for its own consumption used within thirty (30) days after receipt of an invoice from
LESSOR indicating the usage amount. All such amounts due LESSOR for the consumption of
utilities by LESSEE shall be considered additional rents and subject to the provisions of Section
13 if not paid when due;
(E) LESSEE shall not erect nor allow or permit to be erected any advertising or
informational signs, or any other structures or improvements to be erected upon the Leased
Premises, other than improvements specifically described herein, without obtaining prior written
approval of LESSOR, which approval shall be granted or denied in LESSOR' s sole discretion;
and
(F) LESSEE shall not allow a mechanic's or matcrialman' s lien to attach to the
Leased Premises for any work to be done or material furnished by LESSEE, or its employees,
contractors and agents. In the event a mechanic' s or matcrialman' s lien of any type is filed
against the Tower or the Leased Premises, the filing of the same shall be considered a default by
LESSEE unless LESSEE removes or bonds off said lien thirty (30) days after receipt of actual
notice the same has been filed.
11. Indemnification: Each party shall indemnify and hold the other harmless against
any claim of liability or loss from personal injury or property damage resulting from or arising
out of the use and occupancy of the Property by the party, its servants or agents, excepting,
however, such claims or damages as may be due to or caused by the negligent acts or omissions
or intentional misconduct of the other party, or its servants or agents.
12. Insurance:
(A) The parties hereby waive any and all rights of action for negligence against
the other which may hereafter arise on account of damage to the premises or to property,
resulting from any fire, or other casualty of the kind covered by standard fire insurance policies
7
BA3/328025.03
0 •
with extended coverage, regardless of whether or not, or in what amounts, such insurance is now
or hereafter carried by the parties, or either of them. LESSOR and LESSEE each agree that at its
own cost and expense, each will maintain commercial general liability and property liability
insurance with liability limits of not less than $3,000,000 for injury to or death of one or more
persons in any one occurrence and $500,000 for damage or destruction to property in any one
occurrence; or $3,000,000 combined single limit coverage for bodily injury and property damage.
LESSOR agrees that LESSEE may self -insure against any loss or damage which could be
covered by a commercial general public liability insurance policy, provided that LESSEE has
sufficient financial resources, in LESSOR's reasonable determination.
(B) LESSEE's Responsibility: LESSEE shall cause its insurers and its
contractors to (1) name LESSOR as an additional insured on the policies of liability insurance
specified, and (2) furnish certificates of insurance to LESSOR complying with the requirements
of this section. The LESSOR's name and address shall be listed on the certificate as follows:
Shenandoah Telecommunications and/or Its Subsidiaries
P. 0. Box 459
Edinburg, VA 22824
(C) LESSEE Liability: The carrying by LESSEE of the insurance required
herein shall in no way be interpreted as relieving LESSEE of any other obligations it may have
under this Lease.
13. Default: If: (i) proceedings are commenced against LESSEE in any court under a
Bankruptcy Act or for the appointment of a Trustee or a Receiver of LESSEE's property, or (ii)
LESSEE shall fail to pay any installments of Monthly Rental or any additional rent when due
hereunder and such failure continues for ten (10) days after receipt of written notice from
LESSOR, or (iii) there shall be a default in the performance of any other covenant, condition, or
agreement herein contained on the part of LESSEE and LESSEE has not commenced efforts to
cure such default for more than thirty (30) days after receipt of written notice of such default
(unless such default is not capable of being cured during such thirty (30) day period, LESSEE
shall have an additional thirty (30) days to cure such default provided it has commenced to cure
during the initial thirty (30) day period and diligently pursues the cure thereafter), then LESSOR
will provide a Final Written Notice to LESSEE stating that LESSOR intends to exercise its
remedies for default under this Agreement if the default is not cured within thirty (30) days of the
Final Written Notice. If LESSEE has not cured the default within the thirty (30) days allotted in
the Final Written Notice, LESSOR shall have the right, and in addition to all rights and remedies
allowed at law or in equity, to: (i) accelerate the rent due hereunder to be immediately due and
owing and without terminating this Lease (provided, however, that LESSEE shall not be liable
for accelerated rent in excess of fifteen (15) months rent); (ii) to re-enter or repossess the Leased
Premises, either by force, summary proceedings, surrender, or otherwise, and dispossess and
remove LESSEE from the Leased Premises without being liable therefor and shall be entitled to
recover its expenses, including, without limitation, all costs to remove the Communications
Equipment and all reasonable attorney's fees and costs incurred; and/or (iii) relet the Leased
t3A3/328025.03
0 •
Premises or any part thereof and LESSEE shall pay LESSOR the difference between the rent to
be paid for the term remaining under this Lease at the time of re-entry or repossession and minus,
tk�e amount, 5f any, received or to be recei�led under sucks rekettiug for sucks remaining term,
together with all reasonable attorney' s fees and costs expended in the seizing and removal of
LESSEE' s equipment, property and fixtures. The LESSOR may not maintain any action or
effect any remedies for default against the LESSEE unless and until the LESSEE has failed to
cure the same within the time periods provided in this paragraph.
14. Duties Upon Expiration or Termination: LESSEE, upon expiration, or earlier
termination of this Lease, shall, within ninety (90) days, remove its equipment, personal property,
and fixtures and restore the Leased Premises to its original condition, reasonable wear and tear
excepted. LESSEE recognizes that this does not constitute a new tenancy but this right is merely
being granted as an accommodation to LESSEE. If such time for removal causes LESSEE to
remain on the Leased Premises after termination of this Lease, LESSEE shall pay rent at the then
existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment
term and all terms and conditions, including without limitation the insurance and indemnity
requirements hereunder, shall continue in full force and effect, until such time as the removal of
LESSEE' s personal property and fixtures, is completed, but in no event shall LESSEE be
entitled to holdover for longer than ninety (90) days. If LESSEE fails to remove all of its
equipment, personal property, and fixtures within said ninety (90) days after the expiration or
termination of this Lease, upon not less than thirty (30) days written notice to LESSEE, LESSOR
shall have the right, at its sole option and discretion, but not the obligation to remove and dispose
of such equipment, personal property and fixtures without any liability or responsibility to
LESSEE and LESSEE shall be responsible to LESSOR for all reasonable costs and expenses
including reasonable attorney' s fees incurred by LESSOR in such removal and disposition.
15. Rights Upon Sale: Should the LESSOR, at any time during the term of this
Lease, decide to sell all or any part of the Property to a purchaser other than LESSEE, such sale
shall be under and subject to this Lease and LESSEE's rights hereunder, and any sale by the
LESSOR of the portion of this Property underlying the right-of-way herein granted shall be
under and subject to the right of the LESSEE in and to such right-of-way to the extent that
LESSOR' s interest conveys upon any such transfer.
16. Assignment: This Lease may be sold, assigned or transferred by the LESSEE
without any approval or consent of the LESSOR to the LESSEE' s principal, affiliates,
subsidiaries of its principal or to any entity which acquires all or substantially all of LESSEE' s
assets in the market defined by the Federal Communication Commission in which the Property is
located by reason of a merger, acquisition or other business reorganization. As to other parties,
this Lease may not be sold, assigned or transferred without the written consent of the LESSOR,
which such consent will not be unreasonably withheld, delayed or denied.
Notwithstanding anything to the contrary contained herein, provided that LESSEE
provides written notice of such collateral assignment to LESSOR, LESSEE may assign,
mortgage, pledge, hypothecate or otherwise transfer its interest in this Lease to any financing
entity, or agent on behalf of any financing entity to whom LESSEE (i) has obligations for
9
BA3/328025.03
e •
borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds,
debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of
credit, bankers acceptances and similar facilities or in respect of guaranties thereof without the
consent of LESSOR. Such collateral assignment shall not constitute assumption of any
obligations under this Lease by LESSEE's financing entity unless and until LESSEE defaults
under LESSEE' s financing arrangements and LESSEE's financing entity seeks to take control of
this Lease. In such event, LESSEE' s financing entity may, but shall have no obligation to, take
control of the Leased Premises in its name, in the name of LESSEE or otherwise, or take such
actions as LESSEE' s financing entity may, at any time or from time to time, deem necessary to
utilize the Leased Premises governed by this Lease; provided, however, that before LESSEE's
financing entity may take control of this Lease, LESSEE' s financing entity must cure all defaults
of LESSEE, including payment of all sums due or set to become due under this Lease and further
provided that LESSEE's financing entity must assume all of the obligations of LESSEE under
this Lease. LESSEE hereby acknowledges for itself and its financing entities that this Lease shall
control over any provision which is, or which may appear to be, contrary to this Lease contained
in the collateral assignment. Under no circumstances shall any assignment or collateral
assignment be construed to allow subordination by any person of the leasehold title interest of
LESSOR under this Lease. This Lease shall extend to and bind the heirs, personal
representatives, successors, and permitted assigns of the parties hereto.
17. Notice: Any notice or demand made pursuant to this Lease shall be sufficiently
given if made in writing by United States Registered or Certified Mail, postage prepaid (or
another delivery method providing verification of delivery) and addressed to the intended parties
as follows (or any other address that the party to be notified may have designated to the sender by
like notice):
LESSEE: Virginia 10 RSA Limited Partnership
c/o Verizon Wireless
ATTN: Network Real Estate -Northeast
180 Washington Valley Road
Bedminster, NJ 07921
LESSOR: Shenandoah Mobile Company
ATTN: Lease Administration
P.O. Box 459 (U. S. Mail)
500 Shentel Way (Overnight Courier)
Edinburg, Virginia 22824
With copy to: Shenandoah Mobile Company
ATTN: General Counsel
P. O. Box 459 (U. S. Mail)
500 Shentel Way (Overnight Courier)
Edinburg, VA 22824
Notice shall be effective as of the earlier of three (3) days after the date of the
postmark, if sent by U.S. mail, or the date of actual delivery as evidenced by the delivery receipt.
m
BA3/328025.03
0 •
18. Miscellaneous: LESSOR and LESSEE both represent and warrant that no
officer, employee, or agent of either party has been or will be paid any sum or offered any gift,
gratuity, employment, or other consideration by or from either party, its affiliates or agents in
connection with assistance in obtaining, arranging, negotiation, or continuation of this Lease.
19. Casualty: In the event that the Tower is destroyed or substantially damaged by
casualty, LESSOR may, within forty five (45) days of the event of casualty, elect to either repair
and restore the Leased Premises or terminate this Lease without any liability to LESSEE. If
LESSOR elects to repair and restore the Leased Premises, LESSOR shall promptly undertake all
necessary work to accomplish the same, and upon completion thereof, LESSEE may reoccupy
the Leased Premises and continue to be bound by this Lease. Provided that the casualty was not
caused by the acts or omission of LESSEE, rent during the period of repair and restoration shall
be abated from date of casualty until such time as LESSEE can reoccupy the Leased Premises.
Provided that the casualty was not caused by the acts or omission of LESSEE, in the event of
casualty, LESSEE shall have the option to terminate this Lease within forty five (45) days of the
event of casualty, without any liability or further obligation except those that expressly survive
termination of this Lease. Under no circumstances shall LESSOR be liable to LESSEE for any
damage to, or costs of restoring the Communications Equipment or LESSEE' s other property
and equipment damaged as a result of such event of casualty.
20. Hazardous Substances: LESSOR and LESSEE each represent and warrant that
it has not stored, disposed of or treated and will not store, dispose or treat any hazardous
substances on the Leased Premises, except either party may store and use hazardous substances
provided that they are (i) of the type and quantity customarily used in connection with the
operation and maintenance of telecommunications equipment (e.g., batteries and fuel for
emergency power generators), (ii) used, stored, transported and disposed in accordance with all
applicable laws and regulations, (iii) disposed of off the Leased Premises, and (iv) not stored on
the Leased Premises except in such quantities that may reasonably be used on the Leased
Premises. In no event shall LESSEE store hazardous substances on the Leased Premises for use
elsewhere. LESSOR shall indemnify and hold harmless LESSEE from any and all claims,
damages, losses, liabilities and expenses, including attorney' s fees, arising from the presence of
any hazardous substances being or having been on or under the Leased Premises at any time prior
to the date hereof. LESSEE shall indemnify and hold harmless LESSOR from any and all
claims, damages, losses, liabilities and expenses, including attorney' s fees, arising from
LESSEE's use of hazardous substances at the Leased Premises. During the term or any renewals
of this Lease, the parties shall notify each other if either of them become aware of the presence of
any hazardous substance on or under the Leased Premises in quantities and manner that subject it
to regulation. Hazardous substance shall mean any substance regulated by any Environmental
Law. "Environmental Law" shall mean all Federal, state and locality laws dealing with
environmental issues, together with all rules, ordinances, judicial or administrative decrees,
orders, decisions, authorizations or permits pertaining to the environment or natural resources
and all regulations pertaining thereto.
Pursuant to OSHA Hazard Communication Standard, Title 29 C.F.R.§1910.1200,
if either party hereto utilizes any hazardous substance in its operations, such use shall be in
compliance with all Environmental Laws. Furthermore, the party utilizing such hazardous
11
BA3/328025.03
• 0
substance shall provide the other party with all Material Safety Data Sheets ("MSDS") for any
hazardous substances in any area of the Leased Premises. MSDSs will be supplied for any other
hazardous substances introduced into such areas by LESSOR during the term of this Lease.
21. Debarment: LESSEE certifies that it has never been debarred, suspended, or
proposed for debarment by any unit of government. LESSEE warrants that it will notify
LESSOR in writing within seventy-two (72) hours should it be debarred, suspended, or proposed
for debarment by any unit of government during the term of this I,ease. Such notice shall include
LESSEE's knowledge of the reasons for the debarment or suspension action, compelling reasons
for LESSOR continuing to do business with LESSEE, and systems and procedures LESSEE has
established to ensure that no further actions forming the basis for such debarment or suspension
will occur.
22. [INTENTIONALLY DELETED]
23. Quiet Possession: LESSEE shall, upon paying the rent and all other sums due
under this Lease, and observing all other covenants and conditions herein upon its part to be
observed, peaceably and quietly hold and enjoy the Leased Premises during the initial term and
any renewal term of this Lease subject to the conditions of this Lease, applicable governmental
laws, regulations and rules, and matters of record.
24. Headings: Paragraph headings contained herein are inserted for convenience and
shall have no effect on the interpretation or construction of this Lease.
25. Successors: This Lease shall extend to and bind the heirs, personal
representative, successors and assigns of the parties hereto.
26. Recording: LESSOR agrees to execute a Memorandum of this Lease Agreement
which LESSEE may record with the appropriate Recording Officer The date set forth in the
Memorandum of Lease is for recording purposes only and bears no reference to commencement
of either term or rent payments.
27. Entire Agreement and Integration: It is agreed and understood that this Lease
contains all agreements, promises and understandings between the LESSOR and LESSEE and
that no verbal or oral agreements, promises or understandings shall be binding upon either the
LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition,
variation or modification to this Lease shall be void and ineffective unless made in writing signed
by the Parties. In the event any provision of the Agreement is found to be invalid or
unenforceable, such finding shall not affect the validity and enforceability of the remaining
provisions of this Lease. The failure of either party to insist upon strict performance of any of the
terms or conditions of this Lease or to exercise any of its rights under the Agreement shall not
waive such rights and such party shall have the right to enforce such rights at any time and take
such action as may be lawful and authorized under this Lease, either in law or in equity.
28. Governing Law: This Lease and the performance thereof shall be governed,
interpreted, construed and regulated by the laws of the State in which the Property is located.
12
BA3/328025.03
29. Condemnation: In the event of any condemnation of the Tower or Leased
Premises, LESSEE or LESSOR may terminate this Lease upon fifteen (15) days written notice to
the other. LESSEE may on its own behalf make a claim in any condemnation proceeding
involving the Premises for losses related to the antennas, equipment, its relocation costs and its
damages and losses (but not for the loss of its leasehold interest). Any such notice of termination
shall cause this Lease to expire with the same force and effect as though the date set forth in such
notice were the date originally set as the expiration date of this Lease and the parties shall make
an appropriate adjustment as of such termination date with respect to payments due to the other
under this Lease.
30. Submission of Lease: The submission of this Lease for examination does not
constitute an offer to lease the Premises and this Lease becomes effective only upon the full
execution of this Lease by the Parties. If any provision herein is invalid, it shall be considered
deleted from this Lease and shall not invalidate the remaining provisions of this Lease. Each of
the Parties hereto warrants to the other that the person or persons executing this Lease on behalf
of such party has the full right, power and authority to enter into and execute this Lease on such
party' s behalf and that no consent from any other person or entity is necessary as a condition
precedent to the legal effect of this Lease.
31. Applicable Laws: LESSEE shall use the Premises as may be required or as
permitted by applicable laws, rules and regulations. LESSOR agrees to keep the Property in
conformance with all applicable, laws, rules and regulations and agrees to reasonably cooperate
with the LESSEE regarding any compliance required by the LESSEE in respect to its use of the
Premises.
32. Survival: The provisions of the Agreement relating to indemnification from one
party to the other party shall survive any termination or expiration of this Lease. Additionally,
any provisions of this Lease which require performance subsequent to the termination or
expiration of this Lease shall also survive such termination or expiration.
33. Subordination and Non -Disturbance: At LESSOR' s option, this Lease shall be
subordinate to any mortgage or other security interest or other security interest by LESSOR
which from time to time may encumber all or part of the Property or right-of-way; provided,
however, every such mortgage or other security interest shall recognize the validity of this Lease
in the event of a foreclosure of LESSOR' s interest and also LESSEE' s right to remain in
occupancy of and have access to the Leased Premises as long as LESSEE is not in default of this
Lease. LESSEE shall execute whatever instruments may reasonably be required to evidence this
subordination clause. In the event the Property is encumbered by a mortgage or other security
interest, the LESSOR immediately after this Lease is executed, will use commercially reasonable
efforts obtain and furnish to LESSEE, a non -disturbance agreement for each such mortgage or
other security interest in recordable form. In the event the LESSOR defaults in the payment
and/or other performance of any mortgage or other security interest encumbering the Property,
LESSEE, may, at its sole option and without obligation, cure or correct LESSOR' s default and
upon doing so, LESSEE shall be subrogated to any and all rights, titles, liens and equities of the
13
BA3/328025.03
•
•
holders of such mortgage or security interest and the LESSEE shall be entitled to deduct and
setoff against all rents that may otherwise become due under this Lease the sums paid by
LESSEE to cure or correct such defaults.
IN WITNESS WHEREOF, the parties hereto have set their hands pursuant to due
authority as of the 9 day of , 2006.
LESSOR: SHENAND041 MOVILE COMPANY
tfrle A M cKenzExecutive Vice President
Date:
LESSEE: VIRGINIA 10 RSA LIMITED PARTNERSHIP
D/B/A VERIZON WIRELESS
By: Cellco Partnership, its general partner
By:
Dav d R. Heverling
Vice President, Network — Northeast Area
Date: ( ` 60�
14
BA3/328025.03
0
•
EXHIBIT B-1
T}.1, 74 A6'iD �
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IH5m. 0400245T7
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T.H. '14 A 67G`t-
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ACCESS DRIVE-
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2• , , SEE EXHIBIT B-2 FOR • �,/� '��'%i•� `���\
CX. 50' IN5Re55/ / COMPOUND LAYOUT I
Irs E6RE55 EASEMENT
IN5TR,$ 03oo256,4 , l /}
EX RESIDENCE— T L T I I
./KITTY B. HOGKHAN
EX 10'x7O' \ • � rNSTR 050025614
FENCED COMPOUND zcNe, RA
VV 252' LATTICE TOYIER
yl �iQ LOT 7
� ri' WT' KITTY 13. IMK1MJ�
9 / / / P� EX BUILDING, TYP / II5ma 050079674
/ ZONL, RA
/ LOT lb /'� /
T1.1.,4 A 61
KITTY B. NaKMAA TWYTEE/,('`7 µ
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49b275 AGRE5 <l� �/ //j% TN. 14 5 5 Q
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\l ��'1• \ / / / / IkSTR• 090075674
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1 LOT 4 1>>\
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N r KITTY IB. 1 DICK 1 A \\ Q
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IN9TR.• 0900I6149 3,p_
ZONC, RA I RA 1 ZON^_, RA �W �g•\ — _•
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+ CUflJ[R5, I1+G. / I TM. 74 9 4
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ZOfC'., RA TM. 74 5 b 1 WILOERS, ItY..
N/P INtERAGTIVY IN9TR- 09002/1(4
1 / WILDCftJ, INC. ZONC, RA
/IH5TR* 0500271 4 ,
201C, RA ,
I /
SITE PLAN
5CAL.E: I" = 500'
MORRIS & RITCHIE ASSOCIATES, INC. ppEQUON
ENGINEERS, PLANNERS, SURVEYORS AND W)DSCAPE ARCHITECTS
W N A 4' L. * — 1220—C East Joppa Road
�_ Sulto 505 121 SOLDIERS REST LANE
Towson, Maryland 21286 WINCHESTER, VIRGINIA 22602
690
Fox 4 (4110) 10) 8211748
rs'As
:DATE:DRAWN BY: OE51GN HY: REVIEW BY: 1'0'13-42-1.2-151
NOTED 10/4/06 EEO JGB BE5
r
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I
I
I
I
EX GONGRETE PAD
I
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EX ICE BRIDGE
I
1
EX 252'-0"
LATTICE TOWER
I +
EX CONCRETE
I
PAD W/ COUNTY
EQUIPMENT r /
EX15TINO EMPTY
WAVEGUIDE LADDER
EX ICE + ---
BRIDGE X,\
EX GINC--ULAR
GENERATOR
5 � ,
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+
i
PROP05ED LE55EE +�
GENERATOR
EXHIBIT B-2
/ f ,
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,
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EX T-MOBILE
BACKBOARD �i l
EX SHENTEL
BAGKBOARD— a f
EX SPRINT
.�+ EQUI PMENT --Ar
f
EX GRAVEL AGGE55 ROAD
EX 12'-0" ACCESS GATE /
/EX V-0" GHAINLINK /
%- 1✓ �� / PENCE W/ BARBED WIRE /
1
EX T-MOBILE
EQUIPMENT
' EX GROUND r
RIN& ACCESS!
t
PROP05ED LE55EE
ICE BRIDGE `
EX CINGULAR
EGUIPMEN�
5HELTER
N
PROP05ED LE55EE
12'-0"x20'-0"
EQUIPMENT 5HELTER
i^ \
PROP05ED LE55EE METER
AND`GIRGUT BREAKER
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� k + EXISTING UT L �
�✓ BACKBOARD, TYPE
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Go�\IF CUun LAYOUT N
SCALE: I" = 20'
MORRIS & RITCHIE ASSOCIATES, INC.
OPEQUON
L j ` .8 + - ENGINEERS, f TANNERS, SURVEYORS AND UNDSCAPE MCHTfEC1S
ir '22o—oS�ite 5o5P° Road 121 SOLDIERS REST LANE
Towson, Maryland8121288
a10) WINCHESTER VIRGINIA 22602
F°x(ai2-1sso
oj ss��
SCA4ES NOTED DATE: IO/4/O6 DRAWN BY. EEO I
DESIGN BY: I6
5 REVIEW 8Y: BE5 "'1 rjQ42-7.2-73
EXHBIT B-3
,4
EX T-MOBILE ANTENNAS
RAP CENTER = 246.0' I I
EX SHENTEL ANTENNAS
RAD CENTER = 254.0'
EX GINGULAR ANTENNAS
RAID CENTER = 212,0'
1
PROP05EP LE55EE INSTALLATION
RAP CENTER = 200.0'
I, ,I
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TCAER ELEVATION
SCALE: NT5
MORRIS & RITCHIE ASSOCIATES, INC.
OPEQUON
r I ■ 1
ENGINEERS, PLANNERS, SURVEYORS AND INIDSCAPE ARCHtE.CTS
' Ilt r T ►, v qr
1220-C East Joppo Rood
Suite 505
121 SOLDIERS REST LANE
Towson, Maryland 21286
1
4(410)
WINCHESTER VIRGINIA 22602
82110)
Fox 1748
SC E:
X5 NOTED
DATE:
10/4/06
DRAY/N BY:
EEO
DFSIGN 8Y:
JOB
fR�DES
JOB
I 42�7,2�3
9
•
EXHIBIT A
ANTENNA ATTACHMENT APPLICATION
15
BA3/328025.03
•
Shenandoah Mobile Company - Tower Attachment Application
500 Shentel Wsiy - P. O. Box 459, Edinburg, VA 22824 Tel: (540) 984-3009 Fax: (540) 984-5344
Shentel Site ID: TWR022 - Winchester South
Address: 121 Soldiers Rest Lane, Winchester, VA 22602
SMC Contact:
Lynda Burner, Sr. Lease Coordinator
Phone Number:
(540 98� 4-3009
Neil C. Fadely, Construction Supervisor
Phone Number:
(540) 984-5123
Tenant Applicant:
4'erizon Wireless
Tenant Site iD:
Opeyuout
Phone Number:
410-371-5864
Tenant Contacl:
Scoll Freeman
Fax Number:
410-636-5287
Latitude (NAD83): 39-07-26.058
New or Existing Structure: Existing
Antennas
Desired Rod Center (Feet AGL)
Antenna Quantity (Spec. HRx & 11Tx)
Antenna Manufacturer
Antenna Model I/
Antenna Size (Dimensions and weight)
Antenna Pattern (Panel, Whip, etc.)
Antenna Orientation (UprighUlnveiled, etc.)
Orientotion/Azimuth (True North) (Degrees)
Antenna Location on Mount (Top. Cemej.
Bottom)
Antenna Tip Height (Highest Point - Feet)
Antenna Base Height (Lowest Point - Feet)
Mount Type (Manufacturer & Model)
Mount Weight
Mount Dimensions
Top of Mount (Feet)
Bottom of Mount (Feet)
Mount Location (Tower Leg Number)
Mechanical Till (Degrees)
Electrical Till (Degrees)
Transmit Frequency
Receive Frequency
Modulation Bandwidth
ERP per Carrier (Watts)
Number of Carriers per Tx Antenna
Tower Mount Amplifier (TMA) Dimensions
Model and Number of TMAs Per Sector
Tower Mount Amplifier Weight
Tower Mount Amplifier Mounling flu. (Feet)
Number of Coax Cables (per anlennu)
Coax Cable Size
Coax Cable Location (Leg No, or Side No.)
RF Contact Namc/Number
Type of service
FCC Call Sign
Equipment
Manufacturer of Base Station
Model of Base Station
Ground Space Required
Concrete Pad Dimensions
Generator Requirements
Power Requirements
Telco Requirements
Shelter Manufacturer & Dimensions
Construction Contact Namc/Number
Longitude (NAD83): 78-12-43.222 Ground Elevation: 810,
Type of Structure: Latice Towcr Height: 250'
Sectar l
Sector 2
Sector 3
20(y
2.00,
200,
2 & 2
2&2
2 & 2
Antel
Arid
Antel
LPA-80080/8CF & LPA-185080/8
LPA-80080/8CP & LPA-185080/8
LPA-80080/8CF & LPA-185080/8
945"x5.5'x13.2' 7.4lbs&
47.4"x4.1'x5.9" 7lbs
94.5"x5.5'x13.2" 24)bs&
47.4"x4 I"x5.9" 7lbs
94.5"x5.5'x0.2" 241bs&
47.4'x4.1"x5.9" 71bs
Punel
Panel
Panel
Upright
Upright
Upright
4
124
244
Center
Center
Center
204'
204'
204'
196'
196'
196'
Sable CI0-152-125
Sabre C10.152-125
Sabre C10-152-125
950 lbs.
950 lbs.
950 lbs.
14' lace- 8' sutnd-oft'
14' face- 8' stand-oti
14' face- 8' stand-off
205'
205,
205'
195'
195'
195,
1
2.
3
TBD
TBD
fBD
0
0
0
880.894 MHz
880-894 MHz
880-894 MHz
835-849 MHz
835.849 Mtlz
835-849 MHz
1.23 MHz.
1.23 Mllz
1.23 MHz
60 Watts Pilot, 320 Waits Max
60 Watts Pilot, 320 Watts Max
60 Watts Pilot, 320 Watts Max
5 (8 max)
5 (8 max)
5 (8 max
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
I
I
1
I I /4"
1 1 /4"
Scott Kass 301-512-2469
CDMA
KNKN895
Please Allach Manufacturer's Catalog Sheel For Antenna
Lucent
Lucent
Approx. 360 sq. ft.
N/A
External to Sheller on Pad - Diesel
200am rs
I0'f-I's
VFP 12'x2o'
Slim Frain lot" 724-822-0994
' v
Lessors Initial .
Lessee's Initials.
•
EXHIBIT B
Description of Leased Premises
(1) Tower Location 121 Soldiers Rest Lane
Winchester, VA 22602
(1) Ground space measuring approximately three hundred sixty (360) square feet
which is sufficient to accommodate LESSEE's equipment shelter and generator,
which equipment shall be located within the area leased by LESSOR under the
Prime Lease as set forth in Paragraph 1 hereof, and as shown as "Proposed
LESSEE 12'-0" x 20'-0" Equipment Shelter and "Proposed LESSEE Generator"
on the site plan labeled "Exhibit B-2" attached hereto.
(2) Twelve antennas at a top antenna height not to exceed 204' feet, nor bottom
antenna height lower than 196' feet (the "Tower Location") as shown on the site
plan labeled "Exhibit B-3" attached hereto.
(4) Right of ingress and egress to and from Soldier's Rest Lane to the Leased
Premises which LESSOR is entitled to use along the existing ingress and egress
easement as used by LESSOR, as shown on the site plan labeled "Exhibit B-1"
attached hereto.
(5) A non-exclusive easement fbr the installation, maintenance, repair and
repJacerrment and/or upgrade of utility lines, wires. cables, Poles, conduits and
pipes to service the Leased Premises for the operation of the LESSEE's Facilities
over the utility easement granted to and used by the LESSOR under the Prime
Lease.
(6) Such additional right of way, either to LESSEE-' or the public utility at no cost to
the LESSEE, in the event any public utility is unable to use the aforementioned
right of way.
•
•
EXI-IIBI7r C
COPY OF UNDERLYING GROUND LEASE
Deed of Ground Lease Agreement dated March 5, 1996 between Kitty B. Hockman,
Trustee of the Robert E. Hockman Marital Trust, and Kitty B. Hockman, Trustee of the Robert E.
Hockman Residual Trust, and Kitty L. Hockman, Individually, and Shenandoah Mobile
Company.
17
BA3/328025.03
DEED OF QR()UND I,F,ASE AGRF,E _ENT
THIS DEED OF GROUND LEASE AGREEMENT, dated as of March 6, 1996 (this
"Lease"), by and between KITTY B. HOCKMAN, TRUSTEE OF THE ROBERT E.
HOCKMAN MARITAL TRUST, KITTY B. HOCKMAN, TRUSTEE OF THE ROBERT
E. HOCKMAN RESIDUAL TRUST, and KITTY B. HOCKMAN, INDIVIDUALLY,
("Lessor") and SHENANDOAH MOBILE COMPANY, a Virginia Corporation ("Lessee").
NOW THEREFORE, in consideration of the mutual covenants and agreements set forth in
this Lease, and for other good and valuable consideration, the parties hereto covenant and agree
as follows:
1. Premises.
(a) Lessor is the owner of the real property described in Exhibit A annexed
hereto (the "Property"). Lessor agrees to lease to Lessee certain space within the Property,
depicted in Exhibit B annexed hereto (the "Premises") upon the terms and conditions hereinafter
set forth; and Lessor hereby grants to Lessee the right to erect, install, operate, maintain, repair
and replace on the Premises (I) a monopole, guyed, or self-supporting tower, not to exceed 375
feet in height (the "Antenna Tower") and (ii) a pre -fabricated building not to exceed two hundred
fifty square feet (250') (the "Building"). The Antenna Tower and Building shall house and contain
the equipment described on Exhibit C annexed hereto ("Communications Equipment"). The
- Antenna Tower and Communications Equipment are sometimes hereinafter collectively referred
to as "Equipment".
(b) Lessor also grants to Lessee a non-exclusive easement over so much of the
Property as is reasonably necessary for (I) access to the Premises by vehicle and foot and (ii) the
installation, maintenance, and repair and replacement of requisite wires, cables, conduits and pipes
for the installation, operation and maintenance of the Antenna Tower and Equipment. Such
installation shall be performed in a workmanlike manner with minimal disruption to Lessor and
any affected tenants of the Property. Upon Lessee's request, Lessor shall execute and deliver
requisite recordable documents eviddncing the foregoing easement and any easement for utilities
created pursuant to the provisions of Section 8(b) of this Lease.
2. Use, The Premises shall be used by the Lessee in connection with the business of
operating a wireless personal communications system (PCS) licensed by the Federal
Communications Commission ("FCC").
3. Permits and Approvals. Upon request, Lessor agrees to cooperate with Lessee
(including without limitation, executing any applications or other documents reasonably
necessary) in order for Lessee to obtain, at Lessee's expense, any licenses, permits, rezoning
approvals, special use permits, conditional or provisional use permits, variances and any other
- Page I -
approvals required by any federal, state or local authority for Lessee's use of the Premises and/or
the installation and use of the Equipment and the Building (the "Approvals").
4. Term. The initial term of this Lease shall be five years ("Initial Term"), commencing
the earlier of April 1, 1996, or the date on which Lessee begins construction/ installation of the
Antenna Tower or the Building ("Commencement Date"). This Lease shall automatically be
renewed, without need of further documentation, for four (4) successive additional five-year
terms (the "Renewal Terms") unless Lessee provides Lessor with notice of its intention not to
renew at least ninety (90) days prior to the expiration of the Initial or the then current Renewal
Term.
5. Rent.
FINANCIAL TERMS REDACTED.
6. Compliance with Law. Lessee shall install and operate the Equipment and use the
Premises in a manner which shall comply with all federal, state and local laws and regulations
governing the installation and operation thereof.
7. Survey Period. After the execution date of this Lease and prior to the Commencement
Date, Lessee shall have access to the Premises for the purpose of performing necessary
engineering surveys, inspections and other reasonably necessary tests relating to Lessee's
proposed use of the Premises. Lessee shall restore to its prior condition any portion of the
Premises disturbed by Lessee while performing such surveys, inspections and tests. Such
restoration shall include filling or patching any drill holes, re -grading any land disturbed by such
investigations and tests and re -seeding and replacing any shrubbery disturbed as a result of such
inspections and tests. The foregoing obligation of the Lessee to restore the Premises shall not
include any obligation to replant similar sized trees removed or damaged during the course of
such inspections and tests, or any obligation to replace crops damaged during such investigations
and tests.
S. Improvements Liability Utilities Access, Taxes.
(a) At Lessee's sole cost and expense and with minimal disruption to Lessor,
Lessee may construct and install the Antenna Tower, the Building and any supporting structures
- Page 2 -
0 •
on the Premises. In connection therewith, Lessee may perform all work necessary to prepare,
maintain and alter the Premises for operation of the Equipment. Notwithstanding any affixation
to the Premises, title to the Equipment, the Building and all structures, transmission lines, cables,
wires, conduits associated therewith shall remain with Lessee, and Lessor waives any lien rights it
may have concerning the Equipment and the Building. Lessee shall have the right to remove all or
part of the Equipment at its sole expense on or before the expiration or earlier termination of this
Lease and shall make any necessary repairs to the Premises, wear and tear excepted, caused by
such removal.
(b) At Lessee's expense, Lessee may upgrade the present utilities or install new
utilities across the Property to serve the Premises, including, but not limited to a standby power
generator for Lessee's exclusive use. Lessee may also bring utilities across the Property in order
to service the Premises and Lessee shall be responsible to contract directly with the utility
company for electrical power.
(c) Lessor shall provide to Lessee, Lessee's employees, agents, independent
contractors and subcontractors access over the Property to the Premises 24 hours a day, 7 days a
week, at no charge to Lessee.
(d) Lessor shall pay all real estate taxes and assessments levied against the
Premises on or before the date such taxes and assessments are due and payable. Lessee shall pay
any personal property taxes and assessments levied against Lessee's Equipment.
9. Eton -Disturbance. In the event the Property is encumbered by a mortgage, the Lessor
immediately after this Lease is executed, will request that the holder of each such mortgage
execute a non -disturbance agreement, to be prepared by Lessee, and cooperate with Lessee
toward such end to the extent that such cooperation does not cause Lessor additional financial
liability or administrative expense.
10. Sale or Mortgage of Property.
(a) Should Lessor, at any time after the execution date of this Lease, decide to
sell, mortgage or encumber all or any -part of the Property, such transaction shall be subject to this
Lease and Lessee's rights hereunder. If any of Lessor's future mortgagees or beneficiaries under a
proposed deed of trust require as a condition to Lessor obtaining financing on the Property that
this Lease be subordinated to such mortgage or deed of trust, Lessee agrees to execute a
subordination agreement reasonably acceptable to Lessee upon the condition that such mortgagee
or beneficiary provide Lessee with an attornment and non -disturbance agreement whereby
Lessee's tenancy and rights under this Lease (provided Lessee is not in default hereunder, beyond
the expiration of applicable cure periods) shall not be disturbed in the event of a foreclosure or
deed in lieu thereof under such mortgage or deed of trust.
(b) Lessee shall at all times have the right to encumber by mortgage, deed of trust,
or other instrument in the nature thereof as security for any debt, all of Lessee's right, title and
- Page 3 -
0 •
interest hereunder including, without limiting the generality of the foregoing, its right to use and
occupy the Premises together with its rights and interests in and to all Buildings, Equipment and
fixtures now or hereafter placed on the Premises. Any such encumbrance shall be in all respects,
however, subordinate and inferior to Lessor's rights, title, privileges, liens and interests as
provided in this Lease. Lessee shall, in no event, have the right to, in any way, encumber Lessor's
reversionary interest in and to the Premises.
11. Termination. This Lease may be terminated as follows:
(a) By either party, upon default of any covenant or term of this Lease by the
other party, which default is not cured within thirty (30) days of receipt of written notice,
provided that the cure period for any monetary default is ten (10) days from receipt of notice.
Notwithstanding the foregoing, if a non -monetary default is of such a nature that it is not capable
of being cured during such thirty (30) day period, the defaulting party shall have an additional
thirty (30) days to cure such default provided the defaulting party has commenced to cure during
the initial thirty (30) day period and diligently pursues the cure thereafter. During the continuance
of any default after such notice and cure period or periods, the non -defaulting party may terminate
this Lease by giving notice of termination to the defaulting party, and the non -defaulting party
may exercise any other remedies it may have under this Lease or at law; provided, however, that
Lessor shall not have the right to accelerate the rent due hereunder upon the occurrence of an
uncured default by Lessee;
(b) By Lessee, without further liability hereunder for the payment of rent or
otherwise, upon providing ninety (90) days' prior notice
(i) If Lessee is unable to obtain or maintain any Approval; or
(ii) If Lessee determines that any of the Equipment cannot be used
without interference from, or causing any undue interference to,
other property or equipment in the area of the Property; or
(iii) If due to changed circumstances, Lessee determines that for
technoiogical reasons, the Premises are no longer suitable for their
intended purpose.
(c) By Lessee, without further liability hereunder for the payment of rent or
otherwise, upon providing notice to Lessor if the Premises or Equipment are destroyed or
damaged and rendered unsuitable for normal use, or if the Premises (or any portion thereof) is
taken under power of eminent domain or condemnation, or under a deed in lieu thereof. In such
event, all rights and obligations of the parties shall cease as of the date of the damage, destruction
or condemnation, and any proceeds or awards attributable to Lessee's Equipment, moving
expenses or leasehold interest in the Premises shall be paid to Lessee.
- Page 4 -
i
•
12. Insurance.
(a) Lessee shall procure and maintain a public liability policy, with limits of
$1,000,000 for bodily injury, $1,000,000 for property damage, $2,000,000 aggregate, with a
certificate of insurance to be furnished to Lessor within thirty (30) days of written request. Such
policy shall provide that termination or cancellation will not occur without at least fifteen (15)
days prior written notice to Lessor.
(b) The parties hereby waive any rights of action for negligence against the other
which may hereafter arise on account of damage to or loss of property for any loss or damage
caused by fire or any of the risks enumerated in a standard fire insurance policy in effect, and
neither parry's insurance company shall have a subrogated claim against the other. Each party
shall obtain a waiver of subrogation from their respective insurance companies.
13. Title Authority, and Quiet Enjoyment. Lessor hereby represents and warrants that (I)
it holds good and marketable title to the Property, (ii) it has full authority to enter into and
execute this Lease, and (iii) provided that Lessee has made rental payments as required hereunder,
Lessee shall have quiet enjoyment of the Premises.
14. Notices. All notices, requests, demands and other communications hereunder shall be
in writing and shall be deemed validly given if personally delivered, sent via overnight courier
providing proof of service, or sent by certified mail, return receipt requested, as follows (or any
other address that the party to be notified may designate by like notice to the sender):
If to Lessor:
Kitty B. Hockman
690 Shady Elm Road
Winchester, Virginia 22602
If to Lessee:
Shenandoah Mobile Company
P. O. Box 459
Edinburg, VA 22824-0459
15. Assignment and $ubletting.
(a) Lessee may, without Lessor's consent but upon notice to Lessor, assign or
transfer its rights and obligations arising under this Lease to any corporation, partnership or other
entity which (1) is controlled by, controlling or under common control with Lessee, or (ii) shall
merge or consolidate with or into Lessee, or (iii) shall succeed to all or substantially all the assets,
property and business of Lessee to any other entity not listed above.
- Page 5-
(b) Lessee shall have the right to sublease or License a portion of the Premises
and/or antenna mounting space on the Antenna Tower to other communication users. In
connection therewith, such new users will be required to secure any governmental approvals
required to locate on the Antenna Tower and shall have a structural analysis performed by a
licensed engineer showing that the Antenna Tower can accommodate such user's antennas or
dishes.
(c) Lessee may assign this Lease or sublease the Premises, or any interest or
portion thereof, to any other entity not listed above upon the prior written consent of Lessor,
which consent shall not be unreasonably withheld, conditioned or delayed.
16. Successors and Assigns. This Lease shall run with the Property. Lessee shall have
the right to submit this Lease, or a Memorandum of Lease which Lessor agrees to execute and
acknowledge, for recordation (at the expense of the party requesting such recordation) to the
appropriate governmental agency having jurisdiction over the Property. This Lease shall be
binding upon and inure to the benefit of the parties, their respective successors and assigns.
17. Estoppels. Within thirty (30) days after a party's receipt of a written request from the
other party, such party shall provide a written certification stating that this Lease is in full force
and effect, that to the best of its knowledge there are no defaults on the part of the other party,
that rent has been paid through a specified date and setting forth the Commencement Date of this
Lease.
18. Miscellaneous. This Lease constitutes the entire agreement between the parties and
supersedes all prior written and verbal agreements, representations, promises or understandings
between the parties hereto. Any amendments to this Lease must be in writing and executed by
both parties. If any provision of this Lease is invalid or unenforceable with respect to any party,
the remainder of this Lease or the application of such provision to persons other than those as to
whom it is held invalid or unenforceable, shall not be affected and each provision of this Lease
shall be valid and enforceable to the fullest extent permitted by law.
19. Confidentiality: Lessor hereby agrees that Lessor shall keep the terms of this Lease
(including without limitation, the amount of rent payable under this Lease) strictly confidential,
except as may be required to be disclosed to Lessor's lender in order for the Lessor to obtain
financing secured by the Property, or except as may be required by law or regulation to be
disclosed (in each such case Lessor shall notify Lessee prior to making such disclosure). The
provisions of this Section 19 shall survive the expiration or earlier termination of this Lease.
20. Replacement of Previous Lease: This Deed of Ground Lease Agreement supercedes,
replaces and voids the previously executed Deed of Ground Lease Agreement dated the 2nd day
of February, 1996, by and between Kitty B. Hockman, Executrix of the Estate of Robert E.
Hockman, Kitty B. Hockman, Trustee of the Robert E. Hockman Marital Trust and Kitty B.
Hockman, Trustee of the Robert E. Hockman Residual Trust, and Shenandoah Mobile Company.
- Page 6 -
IN WITNESS WHEREOF, the parties hereto, consenting to he legally bound, have placed
their hands and seals below as of the date set forth hereinabove.
LESSOR:
1
_ .. (SEAL)
Kittf B. Hockman, Trustee of the Robert
E. Hockman Marital Trust
- (SEAL)
J Kitty • . Hockman, Trustee of the Robert
E. Hockman Residual Trust
(SEAL)
Kitty B. Hockman, hidividually
LESSEE:
SHENANDOAH MOBILE COMPANY,
A Virginia Corporation
By: dz�-- �-- —�Z— - —
Christ dpher E. French, Prosident
- Page 7 -
u
•
Exhibit A
ro e
1. The street address of the Property is:
690 Shady Elm Road
Winchester, Virginia 22602
2. The Assessor's Parcel Number is: 74-A-67.
3. The Property is recorded in the land records of Frederick County, Virginia.
a. Lot No.
b. Block No.
C. Section No.
d. Subdivision No.
- Page 8-
0
Exhibit B
Premises
The Premises shall consist of the following:
Ground space measuring approximately 70' in length and 70' in width, or that
which is sufficient to accommodate the Antenna Tower and its associated
communications Building and/or equipment.
[A plot plan depicting the Premises shall replace this Exhibit]
- Page 9 -
•
0
Exhibit C
Ec " ment
The following equipment together with any associated wires, cables, pipes, conduit attached
thereto and supporting structures associated therewith shall be located on the Premises.
1. The Antenna Tower shall contain antennas, dishes, antenna mounts, and associated wiring
and cabling.
2. Building housing communications equipment and appurtenances associated therewith.
Electronic communications equipment cabinets.
- Page 10 -
lti
EIl
r=cn 1 F ern; COUN'I'X of >ITIZS?1nER1Ci:
February 15, 2007
Ms. Emily Olivetti
Morris & Ritchie Associates, Inc.
1220-C East Joppa Road, Suite 505
Towson, Maryland 21286
RE: Site Plan Comments - Verizon Wireless - Opequon
Frederick County, Virginia
Dear Ms. Olivetti:
Department. of Public
540/665-50�'
FAX: 540/678-06,:'
Upon review of the site plan dated February 6. 2007, we offer no comcients at this time.
Therefore, we recommend our approval of the subject site plan. Since the project proposes the
disturbance of less than 10,000 square feet, the proposed improvements will not require a Land
Disturbance Permit.
Sincerely,
i
Joe C. Wilder
Deputy Director
cc: Planning and Development'
file
C:\Documents and SetlingsVNIM.N1y Documents\Review Formals\VGItIZON1VIRL.I. BSSOPEI000N.wpd
107 North Kent Street • Winchester, Virginia 22601-5000
i COUNTY of FREDERICK
i� Department of Planning & Development
�f 107 North Kent Street, Suite 202 =
Winchester, Virginia 22601
C S
Kitty B. Hockman
121 Soldiers Rest Lane
Winchester, VA 22602
030 1 Zb 12/ib/06
DEC 1 9 2006 � U --- � `' -� . N=NIXIE14
RETURN TO SENDER
Cs NO 5UcF NUMBER
UNABLE TO RETURN TO FORWARD
ENDER
COUNTYW1
D
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
December 8, 2006
Morris & Ritchie Assoc.
Attn: Brian Siverling
1220 C Bast Joppe Rd., Ste. 505
Towson, MD 21286
RE: 2°d Review Comments for Site Plan 971-06, Verizon Wireless-Opequon
Property Identification Number (PIN): 74-A-67
Dear Mr. Siverling:
Plannina Staff has reviewed the above -referenced site plan to determine if administrative
approval can be granted. At this time, administrative approval can be granted once five
copies of the site plan have been submitted and comment sheets from the following
agencies are submitted to our department: Frederick County Building Inspections,
i'Vinchester Ah j)ort Authority, and Department of Public Rorks (Cozrnty Engineer).
Any questions that you may have in regards to this site plan, please call 540-665-5651.
Sincerely,
Kevin T. Her
Planning Technician
KTH/bad
cc: Kitty B. IIockman, 121 Soldiers Rest Lane, Winchester, VA 22602
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
i w i MORRIS & RITCHSSOCIATES, INC.
Engineers, Arc cts, Planners,
�r Surveyors and Landscape Architects
1220-C East Joppa Road, Suite 505, Towson, MD 21286
Phone 410-821-1690 - FAX 410-821-1748
TO: County of Frederick Planning & Developmen
107 Kent St Suite 202
Winchester, VA 22601
LEER OF TRANSMITTAL
DATE:
December 4, 2006
1JOB NO.: 10427.273
ATTN:
Kevin Henry
RE:
Verizon Wireless - O e uon
WE ARE SENDING YOU
❑
Attached
❑
Via Fed Ex THE FOLLOWING ITEMS:
❑ Shop drawings
❑
Prints
❑
Plans ❑ Specifications
❑ Copy of letter
❑
Change order
❑
Standard Overnight
COPIES DATE NO. DESCRIPTION
1 Revised Site Plan
THESE ARE TRANSMITTED AS CHECKED BELOW:
❑
For approval
❑
For your use
As requested
❑
For review and comment
❑
For Bids Due
REMARKS
❑ Approved as submitted
❑ Approved as noted
❑ Returned for corrections
1-1
❑ Resubmit
copies for approval
❑ Submit
copies for distribution
❑ Return
corrected prints
If you have any further comments please let me know. Thanks!
AS PC- 2 OIAZ cum x S�-r r v Iv P(LA POH T- Ne 17A0.CE L U0LA Q 51c.6 n F-0 e A
PIN# [5 5ZtLL 7/-4�- '51�1 A"SC.GT P40PGC z14
COPY TO: SIGNED:
Emily Olivetti
If enclosures are not as noted, kindly notify us at once.
� 7
i 111
• a ��Ci (()��
CO Y o +D + ICK
Department of Planning and Development
540/ 665-5651
FAX: 540/ 665-6395
November 15, 2006
Morris & Ritchie Assoc.
Attn: Brian Siverling
1220 C East Joppe Rd., Ste. 505
Towson, MD 21286
RE: Review Comments for Site Plan #71-06, Verizon Wireless-Opequon
Property Identification Number (PIN): 74-A-67
Dear Mr. Siverling:
Planning Staff has reviewed the above -referenced site plan to determine if administrative
approval can be granted. At this time, administrative approval cannot be granted. This
site plan is denied until the issues in this letter, as well as all issues of the other review
agencies, have been adequately addressed. Please review Staffs comments listed below
and then prepare a revised site plan which adequately addresses each concern.
Review Comments:
1. Magisterial District. The magisterial district needs to be provided on the cover sheet
under the project description.
2. Vicinity Map. The site on the vicinity map needs to be centered and have a scale no
larger than 1:2000.
3. Owner Information. Provide a phone number within the property owners contact
information.
4. Signatures. Signature lines are to be provided on the plan for the property owner, as
well as the Frederick County Zoning Administrator (with five year stipulation).
5. Property Uses. Provide the uses of all adjoining properties, as well as properties that
are missing Tax Map Identification Numbers.
6. Speed Limit. Provide the speed limit for the adjoining Shady Ehn Rd.
107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000
Brian Siverling
Re: Verizon Wireless-Opequon
November 15, 2006
Page 2
After you have revised the site plan, please resubmit one copy so that I may verify the
information contained on the plan.. I will need all approved review agency comment
sheets and at least five copies of the final plan for final administrative approval.
Comment sheets are required from the following agencies: the Frederick County
InsImclions Department, the Frederick County Department of Public Ghorks (Count))
Engineer), and the Frederick County Air J)ort Authority.
Sincerely,
Kevin "f. I-Ienry
Planning Technician
Attachment
cc: Kitt}, B. I-lockman, 121 Soldiers Rest Lane, Winchester, VA 22602
Request For Site Plan Comments
Department of Planning and Development
Mail to:
Department of Planning and Development
Attn: County Planner
107 North Kent Street
Winchester, VA 22601
(540) 665-5651
Hand deliver to:
107 N. Kent Street
North Building, 2nd Floor
Winchester, VA
(540) 665-5651
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:
�l' 1
Phone Number: - `n 2-, -z 0
Name of developmentand/or description of the request:
Planning and Development's Comments:
Planning and Development use only
Date received
Incomplete
Date reviewed
Signature and Date
Signature and Date (revision)
Date revision received
Incomplete
Date reviewed
15
Date approved
2
4.
NOV
SITE PLAN APPLICATION
Department of Planning and Development Use only.
Date application received: // 1 6 . _._ Application # 117` ✓ �6
vo
Fees received: �j500 Initials:
Project Title:'
Location of Property ,k" c--,n L
(street address) v- V A Z ZG,Q I
Property Owner: mc-n..'Tr
Address: 1 2 I
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Telephone:
Applicant/Agent 1 z 0 n W'I C(� r--
Address h 1 Z C7�--�r-lon
Telephone: U��I7 �� G� 7_�
Designer: H":)rC �S ; 'R IAcy,)�Q- aSSc�G.
Address: I Z- n C, I "�4 J c7�7Y��L RCS
Telephone: L1 10 S-Z - 1(,,c10
Contact: r IC:0 1 v
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Is this a standard or'minor' site plan?
Is this an original or revised site plan?
Total acreage of parcel to be developed
Total acreage of parcel:
Property Information:
Property Identification Number:
Current Zoning:
Present Use:
Proposed Use:
Adjoining Property Use(s)
Adjoining Property Identification Number(s)
Magisterial District(s)
Standard
Original X_
Minor _
Revised
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I have read the material included in this package and understand what is required by the Frederick County
Planning Department. I also understand that all required material will be complete prior to the submission
of my site plan.
Signature: �%�. �,� l c^ ,, C� �2c
Date: x' v 2. 7 , LC�(n
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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 arc 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
_> 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).
SITE PLAN CHECKLIST
The Site Plan Checklist, shown below, lists the information which is required to be on each site plan. Site plans which
are incomplete or missing information, will be returned to the applicant (s) for revision.
Project Information Section
(1) A title that includes the name of the proposed or existing business and a subtitle which
describes the proposed development.
(2) The name, address, and phone number of the land owner, developer, and designer.
(3) The Frederick County Property Identification Number (PIN) of all lots included on the
site plan.
(4) The number and type of dwelling units included on the site plan for residential uses.
(5) The total land area and total developed land area of all lots included on the site plan.
(6) A detailed description of the proposed use or uses of the development, as well as a
description of the existing use or uses.
• (7) A reference to any other site plan or master development plan approved by the county •
for the site.
(8) The date the site plan was prepared and a list of all revisions made, including the date
and a description of why the site plan was revised.
(9) A table of contents including all pages of the site plan.
(10) A list of all proposed utility providers, with their address, name and phone number.
(11) An inset map showing the location of the site, along with the location of streets, roads
and land uses within five hundred (500) feet of the property.
(12) A statement listing all requirements and conditions placed on the land included in the site
plan resulting from approval of conditional zoning or a conditional use permit.
(13) A description of setbacks or conditions placed on the site as a result of an approved
variance.
(14) The name of the Magisterial District the property is located within.
Calculations Section
(15) Calculations showing the Floor Area Ration (FAR) of the site, including the maximum
allowed FAR, total ground floor area, total floor area, and total lot area.
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(16) Calculations showing the total number of required and proposed parking spaces,
including the total number of existing and proposed spaces.
(17) Calculations showing the total number of required handicap spaces, including the total
number of existing and proposed spaces.
(18) Calculations showing the total number of required loading spaces, including the total
number of existing and proposed spaces.
(19) Calculations showing the total number of required perimeter and interior trees required,
including the number of provided trees.
(20) Calculations showing the percentage of the property that will be landscaped and the
percentage of woodlands disturbed.
Site Plan & Details Section
(21) The location of all adjoining lots with the owner's name, specific use, zoning, and zoning
boundaries shown.
(22) The location of all existing or planned right -of --ways and easements that adjoin the
property, with street names, widths, and speed limits shown.
(23) All nearby entrances that are within two hundred (200) feet of any existing or proposed
entrances'to the site.
(24) All existing and proposed driveways, parking and loading spaces, parking lots and a
description of surfacing material and construction details to be used. The size and angle
of parking spaces, aisles, maneuvering areas, and loading spaces shall be shown.
(25) A North arrow.
(26) A graphic scale and statement of scale.
(27) A legend describing all symbols and other features that need description.
(28) A boundary survey of the entire parcel and all lots included with distances described at
least to the nearest hundredth of a foot.
(29) The present zoning of all portions of the site, with the location of zoning boundaries.
(30) The location of all existing and proposed structures, with the height, specific use, ground
floor area, and total floor area labeled.
(31) The location of all existing and proposed outdoor uses, with the height, specific use, and
land area labeled.
(32) Existing topographic contour lines at intervals acceptable to the Zoning Administrator.
Proposed finished grades shall be shown by contour.
(33) The location of the front, side, and rear yard setback lines required by the applicable
zoning district.
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(34) The location and boundaries of existing environmental features, including streams,
floodplains, lakes and ponds, wetlands, natural stormwater retention areas, steep slopes,
and woodlands.
(35) The location of outdoor trash receptacles.
(36) The location of all outdoor lighting fixtures.
(37) The location, dimensions, and height of all signs.
(38) The location of required buffers, landscaping buffers, and landscaped screens, including
examples, typical cross sections or diagrams of screening to be used. "fhe location and
dimensions of required fencing, berms, and similar features shall be specified.
(39) The location of recreational areas and common open space.
(40) The location of all proposed landscaping with a legend. The caliper, scientific name, and
common name of all deciduous trees. The height at planting, scientific name, and
common name of all evergreen trees and shrubs.
(41) The height at planting, caliper, scientific name, and common name shall be provided for
all proposed trees. The height at planting, scientific name and common name shall be
provided for all shrubs.
(42) The location of sidewalks and walkways.
(43) The location and width of proposed casements and dedications.
1J/A (44) A stormwater management plan describing the location of all stormwater management
facilities with design calculations and details.
(45) A soil erosion and sedimentation plan describing methods to be used.
jJ (46) The location and size of sewer and water mains and laterals serving the site.
(47) Facilities necessary to meet the requirements of the Fire Code.
(48) A signed seal of the certified Virginia land surveyor, architect, or engineer who prepared
the plan.
(49) A space labeled "Approved by the Frederick County Zoning Administrator" for the
signature of the Zoning Administrator, approval date, and a statement that reads "site
plan valid for five (5) years from approval date."
i •
NOV 2 2006
Document Approval Form
PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR
APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR
APPROVAL.
IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE
COMMENTS AS TO WHAT YO U WO ULD LIKE TO HA VE COMPLETED.
INITIALS DATE & TIME
Bernie
Mark
Susan
Eric
Mike
Kevin
John
Lauren
COMMENTS:
Received by Clerical Staff (Date & Time):
U:\Pam\Conimon\Document Approval Form.wpd