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HomeMy WebLinkAboutWestside Station Subdivision Section 2 - Backfilea COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY COMMISSIONER 14031 OLD VALLEY PIKE P.O. BOX 278 EDINBURG, VA 22824-0278 April 6,1998 Mr. Eric Lawrence, Zoning Admin. County of Frederick 107 North Kent Street Winchester, VA 22601-5000 Dear Mr. Lawrence: JERRY A COPP RESIDENT ENGINEER TELE(540)9845600 FAX (540) 984-5607 Ref: Westside Station Subdivision Section II Route 1304 Frederick County The addition package for the streets listed in the Board's resolution dated November 12,1997 for the referenced development has been forwarded to our Central Office in Richmond for processing. The Commissioner's Office will notify the Board when the addition has been approved. In the meantime if you have any questions, please let me know. SAM/ rf Sincerely, f Steven A. Melnikoff Transportation Engineer WE KEEP VIRGINIA MOVING COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY COMMISSIONER 14031 OLD VALLEY PIKE P.O. BOX 278 EDINBURG. VA 22824-0278 February 17, 1999 Mr. Kevin Newton Construction and Development Services, L. C 14101 — Sh Parke Long Court Chantilly, VA 20151 Dear Mr. Newton: JERRY A. COPP RESIDENT ENGINEER TELE (540) 984-5600 FAX (540)9845607 Ref: Westside Station Subdivision Section II Route 1304 Frederick County On February 16, 1999, I performed a one-year follow-up inspection of the above referenced development. Based on this inspection we found no concerns that can be attributed to defective workmanship or materials. Should you have any questions, please call. ep pc: Steve Melnikoff William Stover Kris Tierney Eric Lawerence Sincerely, Dave A. Heironimus Highway Permit and Subdivision Specialist, Sr. RECEIVED FEB 19 7999 DEPT, OF PLANNING/DEVELOPMENT WE KEEP VIRGINIA MOVING COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY COMMISSIONER 14031 OLD VALLEY PIKE P.O. BOX 278 EDINBURG, VA 22824-0278 February 17, 1999 Mr. Kevin Newton Construction and Development Services, L. C 14101 — Sh Parke Long Court Chantilly, VA 20151 Dear Mr. Newton: JERRY A. COPP RESIDENT ENGINEER TELE (540) 984-5600 FAX (540)9845607 Ref: Westside Station Subdivision Section II Route 1304 Frederick County On February 16, 1999, I performed a one-year follow-up inspection of the above referenced development. Based on this inspection we found no concerns that can be attributed to defective workmanship or materials. Should you have any questions, please call. ep pc: Steve Melnikoff William Stover Kris Tierney Eric Lawerence Sincerely, Dave A. Heironimus Highway Permit and Subdivision Specialist, Sr. RECEIVED FEB 19 1999 DEPT, OF PLANNINGIDEVELOPMENT WE KEEP VIRGINIA MOVING E M O R A N D U M COUNTY of FREDERICK J Planning and Building g119 703/665-5650 n3e 6� 'Sgl.' � r� � > �`�'� ; DEC 1987 t RAC N VA. Dept. of Trans or'tation p p , ATTN: Mr. 1ialI w a S ' Sanitation Authority , ATTN: Mr. W6Tk.tjngton H. s ` oi62a Round Hill Fire Company , ATTN: Mr. Tim We Inspections Department , ATTN: Mr. Kenneth Coffelt Planning and Zoning'Departhent , ATTN: Mr. Stephen M. Gyurisin City of Winchester ATTN: Mr. Jay Givens FROM: Robert W. Watkins, Director DATE: December 4, 1987 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Subdivision Master Development Plan Rezoning We are reviewing the enclosed request by Westside Station, Section 2 , or their representative, Dove and Associates 667-1103 Will you please review the attached and return your comments to me as soon as possible. --------------------------------------------------------------------------------- THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Signature -G� Date 4 4 7 \ 0 r^11rt 1Qn11ArP _ P 0 Rnx Ann - Winchester: Virginia 22601 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN COMMISSIONER (703 ) 984-4133 RESIDENT ENGINEER December 12, 1991 Mr. Robert W. Watkins, Jr. Ref.: Westside Station �50 �1304 Planning Director Routes C/O Department of Planning and Building Frederick County County of Frederick, Virginia P. O. Box 601 Winchester, VA 22601 Dear Mr. Watkins: As requested by Mr. Wayne Miller of your office, we have made an inspection of the referenced development to determine whether the streets are eligible for addition into the State's Secondary Road System. Overall, the curb and gutter streets are in pretty good shape. However, major discrepancies were found in the Wayland Drive Section. For clarification, we will consider the curb and gutter sections off of Route 50, Section I and the Wayland Drive portion, Section II. Listed below are items which will need to be addressed before the streets can be added to the State's Secondary System. Section I - Westside Station Drive and Kathy Court - Several sections of curb and gutter are broken and/or severely chipped. These sections will need to be replaced. - Considerable damage to the curb and gutter was noticed adjacent to construction joints with private entrance gutters. These areas will need to be patched and/or replaced. Also, an elastomeric joint filler will need to be placed in the crack between the entrance gutters and the CG-6 gutter pan. - All drop inlets and culverts will need to be cleaned of construction debris and sediment. All construction joints within drop inlets will need to be sealed with cement mortar and Standard EC-1 Rip -Rap Stone added at culvert outfalls after positive drainage is obtained. - Structure A7 and the adjacent 25'x15" culvert to Structure A6 is missing and will need to be installed. - The construction entrance is to be removed from the end of Westside Station Drive - Our files indicate a change was made to the drainage system and easement behind Lot #36. The revisions were reviewed and approved by this office in June, 1989. However, we do not know whether the subdivision plat was ever revised to reflect this change. TRANSPORTATION FOR THE 21 ST CENTURY r J. Mr. Robert W. Watkins, Jr. December 12, 1991 Page Two Section II, Wayland Drive, Colin Drive, and Colin Court Due to the underground utilities being installed after the original surface treatment was applied, all three (3) street surfaces are badly damaged. In some areas pavement is non-existent. In others, grass is growing through the surface. Needless to say, the streets will need to be resurfaced and the shoulders reconstructed to the approved typical section. Because of the age of the initial treatment, the deficiencies previously listed and the fact the subgrade and aggregate base have been disturbed through trenching, we feel a plant mix overlay is warranted. The streets should be cleaned of all excess stone, settlement and holes patched out, then tacked and overlaid with a minimum of 1.5" of Type SM- 2A Asphalt Concrete. Several existing ditchlines will need to be regraded to drain properly. A ditch will need to be cut and private entrance culvert (minimum 15" or 17"x13" by 30') installed at Lot #1 to drain to culvert C-2. The inlet end of culvert #C2 appears to be installed outside of the right-of-way. This should be field verified and if found to be encroaching on Lot #2, either a drainage easement will be required or the pipe should be shortened. The roof drain at Lot #6 needs to be cut off flush with the backslope and erosion repaired. General Items Throughout - All construction debris needs to be cleaned from the rights -or -way. - Standard Es-1 (Round) End -Sections were found installed on the ends of several elliptical concrete pipe. These are restricting the capacity of the pipe and will need to be replaced with elliptical End -Sections or Standard EW-1 endwalls. - The 20' flat -bottom ditch running throughout the development appears to be functioning properly. However, the Class I Rip -Rap Stone has not been installed as detailed on the site plan. - No review of the detention ponds was made. We suggest they be checked by your engineer for functionability since a maintenance/liability agreement between this Department and the County will be required to cover their existence prior to addition of the streets. - Any areas where vegetation has not been established and/or disturbed during construction will need to be seeded and mulched. Again, the above referenced items will need to be addressed before the streets could be considered for addition. Unfortunately, the streets in Section II could not be added due to a lack of public service. Only three (3) occupied hones are currently built on the three (3) affected streets. As you know three (3) are required per street. Mr. Robert W. Watkins, Jr. December 12, 1991 Page Two Should you have any questions concerning the above or if we can be of further assistance, please let me know. Sincerely, William H. Bushman, P.E. Transportation Resident Engineer Q64'z 13. el(C. By: Robert B. Childress Hwy. Permits and Subdivision Specialist Senior RBC/sg xc: Mr. D. W. Hawkins Mr. H. E. Strawsnyder SUBDIVISION Westside Station, Section 2 Zoned RP (Residential Performance) 43 lots (16.246 acres) LOCATION: South of Route 50 West, east of Route 37, and north of Wayland Drive MAGISTERIAL DISTRICT: Back Creek ADJACENT LAND USE AND ZONING: Residential, open and agricultural land uses; and A-2 (Agricultural General), and RP (Residential Performance) Zoning PROPOSED USE AND IMPROVEMENTS: Subdivision of 16.246 acres into 43 single-family traditional lots with VDOT streets, public sewer and water utilities, and required open space REVIEW EVALUATIONS: VA Dept, of Transportation - See attached letter. Sanitation Authority - Plats are OK. Round Hill Fire Company - See attached letter from the Round Hill Fire Company. Inspections - Shall comply to Use Group R, Section 309.0, of the BOCA Basic National Building Code 1984. Planning and Zoning - No objection. All plats have been drawn in conformance with zoning and subdivision regulations. STAFF RECOMMENDATIONS: Approval. I Secfion Z mlestslole stallon Back &nee - OgljSferio/ D%Slr k% Feder-ick Coun�.q, I/ir-ginia Sea/e = i ~= so' Dole: November- za, i'0e7 APPROVED BY CT _ C:' s3II-XIIESTER, VI;CGINIA ter'. iJ!�li1VI.n'�l�.�lV ��L'11iITJ 1RATI VA. OF HIGHWAYS Dove € Associates Engineer lnq - P1017ninq-Surveyinq 11050 k�71-dom llPoad 3076 6hacuncc D,-ive Sulle 750 1,0Box 2,035 Fo r-fo'X, Vl, -9i-7ia Vil-ginio 97050 Ma 0/ (705) 585-74/¢ &07WO:!:� /-rojed O NA/0004 cTob �` B7z0O56 Section 2 Surveyor's Cer ll l*ccc Westside Station Dose a Assodatm we*wc,Ww, Va. /, Edcuord W. Cove, A Duly Cer-t/fcd Land .^urveyor' /n The Co177rnonu1eo/11? Of Vl,-91.,71o, Do Hereby Cerfif y That /Have Coref�r//y Sur-veyed The Property Delineated ey 7-/7/s P/a/ And That // /s Corr-ec/ To The Best Gr My Knocu/edge And lief : T%f /f /s A Subd/vision Of The Lond ACquined By - Wesfside Med�ca/ Pr'oPerties Frn�n �i� ^.>ficnondceh /r 20 )Pecor-ded /n Gamed 6500k &17 ,4f Pc� Z*Co Arm' dune Fishc�ur /Hurst eec0rYye,0' /r-7 GL-eo'.600k 2.M,4f1'55-ye &77, Pcccv-d�' /rn The Lar7d ,Pecords Of FrEe'eric� County. / Further Certify Tho/ The Lane' Ernbroccp' to 7/7/,0 -341bl-I'/v18/01-2 L/c8 Entirely H/i/b/n The aourx7's Oj The Or-/q/no/ Trocf; Tho/ This �'/af e&oresen1s ion Accurofc Sur-vey QcThe Sdrre And 7hof Al/ Coin' Are-Peferexcd To 111, -q/nra Sfa/e Grb' North /n Aceordarz-- N/ifh 7he,0-yu/re1n.°1710 O'The Frcder� County BUbo'i v1s/on Oro'.i�r,Ve. G/ven Under• RV Harz:' This -V`07v Of' Alovember, A557 EDWARD W. 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Fur-fher- Certify Thal The Laro' Ernbraccd /r7 Th/e IOZAV a/�3von Lies Entire/y A{/ifhin The Boundo Of :The Or-iq�i7a/ Tr-ocf; Thol T17/,9 /P7/af .,eeor-esen,-`5 An A,=umfe .Sur-vey 4Y The And Thal.A// Nor-f/i /n Acaor-dar W/th The,P�ciirernernfs 0/ The A-red6-1706 :.L'ounly:5'ubdivfsion Ordi�•r=.�. � -: _ :. _ :._` :: . : , �-�. s i Given.Uno'er-iGly Harms' -This ra*,D ay:Of Movember, f07 - _ } ,_ - ._ _. _ --- . - - '.. EDWARD CERT. NO. 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Z0' /OZ.87' NZO'/ro'04 ' E /75 55.00' 87003 Z4" 8557' 5 Z. Z4' 75 72,' 367 0,D 05"W /7C 55.00- 5/°0710J" 4 J.'Y�' Z(o.5�'�' 4775' 0 /5'/34'n"W /8 Z500' 48730'S5" Z/. /7" //. Z&' ZO. 54' 0 /6 45'5/"W /'D Z500' 46 3033" Zl. /7" // Z6, Z0.54' A1G5°/G'04"EE ZO &7b.00 07°50'2�" 88.8¢' 44.45- - 88.77" 5444r 00"W Section 2 Westside Station m & Assodates i Cu/" ve Do to No. eod us De/to Arc Tangent Chord Chord t>- - ZOA <o5000' 01'41'24" llO./7' -D.5D" ZOB...7CYo.W, 07050'z6" 5- G-r- . 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Dove, A Du/y cer-fi/ieo' Land Sur-veyor- /n The Commonujeoifh Of 1/ir9ihio,'.Do Hereby "Certify .Thot T- : 'De/ine6te4' 6y This P/of And :ThcrfL'or-r-ecf r._ _ - To.T .Best C 'MS/;('�oui/eo'ge Ar d 8e7ief ,` Tfx�f 7f _.._._ , /s A Subdivisior? Of The Land Acquir.`ed 8y :. _ iWesfside.Medic'oo/ P%-ooer'fies Frz�rrm .���.Shenvndaoh '.� , .. a Inc " A7-ecor=ded /r-7 CL—Ce 4506k & 7 Af 'P ' f Z46, Arm } - - - :Pcccr deo' /ri "The Z04e ds Of Further- Cerfi fy Tho/ The Lam' Emb1-e7nr& /n This �0uf�'iaision Lies Entire/y Within The BourA9's Di The 0, -igi, 7o/ That This P/af e&,CV-ase17AS ,4n Acoumfe O.f'The ___And Thof A// Coin' To 0/ 191;171�7.m00%.61-ip' _------- `.' Nor•-117 /n Wl,,'h TheA7eyciireMeMle 0/ The Fr-cder�. L'ounfy Gubo'ivlsion Ordiaa/Xe- _ _._ . C/ven Undei, kfy -Hair' Thhis ea*Day Of A/c A507 , 1 n 1 - W�L"� iEdwai-d`!!Oove :_ i !. 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X ,\�) f COP) LOM 6jCLoer , 01 .................... 5f5*04'W"W 664.07' 11 L01 M L& z-1) -c- -97- )0 Lai Lot r/ 13 8, 0/;5/ 177 06 l7f55' Nf5'IM716 /61960:5r MAO, DrIve Lot a/ (40 Section 2 \ , Westside Station Dove & Associates Winchester, Va. 0. �10v A: 0. "a I G - I I -I-..-.- ..-- I A ti O &Z-70 582 I 17A 9A Lol 37 7:3 C> C�L 600, V� ='i5 k3l L0/ &.5 10,4551 Lof 40 /0, lee 30P .0 'Op.000 0 000000 zoo Lot-4/ / /, 3e0l 600 A L& /0, 404gf IJ O 610 f i COUNTY of FREDERICK Harvey E. Strawsnyder, Jr., P.E. Director of Public Works 9 North Loudoun St., 2nd Floor 703/665-5643 December 8, 199 Mr. Randall C. McEntire Bowers and Associates, P.C. P.O. Box 955 104--B Church Street, S.E. Leesburg, Virginia 22075 RE: As -Built Drawings - Section Two Westside Station - Frederick County Dear Mr. McEntire: We have reviewed the as -built drawings provided for Section Two, Westside Station and determined that they satisfactorily represent the existing conditions at the subject subdivision. This letter will also serve to confirm our verbal approval of the deletion of the drop inlets and associated piping previously designed on Lots 23, 24, and 25. We are assuming that copies of these as -built drawings have been submitted to VDOT for their review so that the road network can be taken into the State system. Please let me know the status of this submittal. Sincerely, aAA Harvey Et Strawsnyder, Jr., P.E. Director of Public Works HES/srb cc: Wayne Miller, Planning and Development file Fax: 703/678-0682 - P.O. Box 601 - Winchester, Virginia - 22604 BK842PG0216 I A-LLS on this r�day of qe- 19-c/,5, do hereby certify that the plat and description attached hereto is a true copy of a survey made by me on the _je.day of t. G , 19 5, of the land conveyed 1 to G jQ QQ ,6 ZpV,j�yQ. by Deed dated J 'G'1recorded .in Deed Booker , Page 12-457 The said land lies in `o,4 District. STATE OF VIRGINII: A COUNTY OF PR�c.DERICl� , o-Wit A Notary Public in and for the Slate of Virginia and County of do hereby certify that this day personally appeared before me ��► , whose name is signed to the foregoing instrument. dated �g day of .A.I1- 19 and acknowledged the same before me in my Slate and Coin_ aforesaid. Given under m y 1,and this T►* � i6 day of Ju V4 as !sty co;nrnission expires Aubk:.-� 3 ( , (qCI% — D1Ui'Ai�Y IJUI3LIC s/n KC/NI TY MAP SCALE.- 1'=2, 000' PLA T SHOWING BOUNDARY LINE ADJUSTMENT ON LOT 22-A, SECTION 2 WESTS/DE STA 77ON DEED BOOK 818 PAGE 1301 AND LOT 23 RESUBDI WS/ON OF A POR77ON OF WESTS/DE STA 77ON - SEC 77ON 2 DEED BOOK 795 PAGE 36 BACK CREEK DISTRICT FREDERICK COUNTY, 14RGINIA JUL Y la 1995 SCALE: 1 '= 40' NO7FS: 1. THE PROPERTY DEL/NEA 7FD ON THIS PLA T /S L OCA TED ON TAX ASSESSMENT MAP # 53E-((1))-(2) PARCELS 22-A AND 23 AND IS ZONED RP. 2. CURRENT OWER.- LOT 22-A CHARLES H. & ALECIA F. RICHARDS, III DEED BOOK 839 PAGE 1075 LOT 23 ALFREDO & LORENA CORTES DEED BOOK 820 PAGE 1252 J THE PROPERTY DELINEA TED ON THIS PLA T IS LOCA 7FD IN FLOOD ZONE C AS SHOWN ON FLOOD INSURANCE RA 7F MAP 510063, PANEL 0115 B W1 TH AN EFFEC77VE DA 7F OF JUL Y 17, 1978. 4. NO 777LE REPORT FURNISHED. FREDERICK COUN APPRO t2'D ADM/N/S7RA TOR SHEET 1 OF 3 ARCHfTECTS ' ENGINEERS 4" PLANNERS &'`ASSOCIATES SURVEYORS 3078 SHAWNEE DRIVE 43045 JOHN MOSBY HIGHWAY P.O. BOX 2033 P.O. BOX 220626 WINCHESTER, VIRGINIA 22601 CHANTILLY, VIRGINIA 22022 (703) 667-1.103 (703)327-2355 0277 7F W.O..f \ 95247 CHAW ES E. WALLS VIRGIIWi1 CERIIf]CA7F 4 4Q 194.5 DA7E SIGNED .,''rlr - 75 THIS SURREY l5 NOT L/Q(AYtESS SYGYVED DAMV AW STAMPE71^*fM M MOOMIV SEAL .,40"a'x'.i OWNER'S CONSENT BK842PG0278 THIS BOUNDARY LINE ADJUSTMENT PLAT BETWEEN LOT 22—A AMD LOT 2., SEC77ON 2 WESTSIDE STA770N , IS MADE WITH WITH THE FULL DESIRE AND CONSENT OF THE UNDERSIGNED OWNERS. DA 7F STATE OF : %j %Tj CWNTY L!- PiZP..l C-W- 70-1NT.• I. b �' 1i t pyo A NOTARY PUBLIC IN AND FOR THE COUNTY AND STA 7E AFORESAID, At..F'� o �'► t�a� (�5 DO HEREBY� 77 THAT WHOSE NAMES ARE -90VED 70 THE FDREGoING NRI77NG DATED _1��95 HAVE PERSONALLY APPEARED BEFORE ME IN MY COUNTY AFORESAID, AND ACKNOW- LEDGED 7HE SAME. GIVEN UNDER MY HAND 7HIS `� 1DAY OF NOTARY BUC MY CaVM1SL9aV D PIRES STA7E OF %tgRQ+�'`� p COUNTY OF V2%Q A 5V-LC- — R7-W7T.- A NOTARY PUBLIC IN AND FOR 7HE COUNTY AND STA7E AFLi?E'SAID, DO HERERYCER7IFY 7HAT CsUwL ab N +ALseAI► 2:'S OSE NAMES ARE .VGNED 70 THE FOREGOING WRInNG DA 7ED Z jib 1 q-.� HA VE PERSONALL Y APPEARED BEFORE ME. IN MY COUNTY AFORESAID, AND ACKNOW- LEDGED 7HE SAME. EVEN qNqER MYYHAiYD THIS I a -rlr DA Y OF _ LA f9 9 S 1��1X7C NOTAR PUBLIC MY COMMISS aV EXPIRES Au(nas� JUL Y 10, 1995 SHEET 2 OF .3 WO -if 95247 .ARCHITECTS ENGINEERS PLANNERS & 'A Q0MTES :.suRVEYORs 3078 SHAWNEE DRIVE 43045 JOHN MOSBY HIGHWAY P.O. BOX 2033 P.O. BOX 220626 WINCHESTER, VIRGINIA 22601 CHANTILLY. VIRGINIA 22022 (703)667-1103 (703)327-2355 �a h CHARLES E. " WALLS- 'JR; L.Sl$ NRG1N/A' CEUf, jC4JE NO 1945 -DATE SIGN£!3 7Ha sz�rfr Ids �vnr��uo�av�src�vm, DATED AM STAMPED NUH AN EMBOSSED SEAL f oft-s„.ft.c'a"'_f➢M4 t:' a f�..... + 1 - o k' ._, .+... AREA TABULA 77ON OLD Lor,22A. -, 1$941 SO. FT OLD. -LOT 2j - 15,766 SO. FT 70TAL - 34,690 SO. FT NEW L Or.'228,'-,-!- 19,163 SO. Fr NEW LOT 2.3A 15,527 SO. FT 70TAL - 34,690 SO. FT JV4, Ir 41 REBAR FOUND r� c LOT 23A 10 V% 2 STORY J4 f2E-Clnrmrr %XOr 22B 14.5 REBAR R BE SET -roRY 2s 86SIOENCE V -b 1431 17' '-4 14. -06 '� A-� / j 1��1 IA\,, 35' Bft A TELEPHONE CA T11 TELEPHONERMA R TO X B REBAR TO FOUND lJ�2.0,8 Ad BE SET S 2570107" 7 1�" �S 2570107- W 4.54' REBAR FOUND 20' SANITARY SEWER EASEMENT WES TSIDE S TA 7 7 ON DRIVE 56, R— 0— W 4 REBAR FOUND 419f• TO KATHY COURT r VIRGINIA: FREDERICK OOUNTY, SGT. GRAPHIC SCAM' This Irvatrurnat writing w&3 produced to mo on the and with coijKice.k4 ol aciNcw1odgment thereto annexed 40 20 0 40 was admIt*wd to racord. Tax Imposed by Sec. 58.1-802 of ( IN FEET and 58.1-801 have been paid, 9 amessalate. I INCH = 40 FEET SHEET J OF 3 WO.1 95247 f JULY 10, 1995 CleSICALE.- l'-. 40' ARCHITECTS ENGINEERS PLANNERS SURVEYORS 3078 SHAWNEE DRIVE P.O. BOX 2033 WINCHESTER, VIRGINIA 22601 (703)667-1103 43045 JOHN MOSBY HIGHWAY P.O. BOX 220626 CHANTILLY, VIRGINIA 22022 (7 0 3) 3 2 7 — 2.35 55 5 CHARLES E. WALLS; 1AR6MACLER77RCA TE NO. '001945 '77 f. .7 DATE SIGNED. T,7741 -15 MS, St W, W£y /T-Nok DATED AND srAmFv5-Wrl ��efiVSSW MAL WESTS/DE STA 77ON DRIVE 50 0 S/ TE 2 C/TY / /OF WINCHESTER _N_ 37 / MINI7Y MAP SCALE} 1 "=2, 000' PLA T SHOWING BOUNDARY LINE ADJUSTMENT ON L 0 T 22-A, SECTION 2 WESTS/DE STA 77ON DEED BOOK 818 PAGE 1301 AND LOT 23 RESUBDI KSION OF A PORTION OF WES7SIDE STA 77ON - SECTION 2 DEED BOOK 795 PAGE 36 BACK CREEK DISTRICT fREDERICK COUNTY, VIRGINIA ✓UL Y 10, 1995 SCALE- 1 =40' NO7FS.- I. THE PROPERTY DELINEATED ON THIS PLAT IS LOCATED ON TAX ASSESSMENT MAP / 53E-((1))-(2) PARCELS 22-A AND 23 AND /S ZONED RP. 2. CURRENT OWNER: LOT 22-A CHARLES H. & ALEC/A F. RICHARDS, DEED BOOK 839 PAGE 1075 LOT 23 ALFREDO & LORENA COR7FS DEED BOOK 820 PAGE 1252 J THE PROPERTY DELINEATED ON THIS PLAT IS LOCATED /N FLOOD ZONE C AS SHOWN ON FLOOD INSURANCE RA7F MAP 510063, PANEL 0115 B W7TH AN EFFEC77VE DA 7E OF JUL Y 17, 1978. 4. NO 777LE REPORT FURNISHED. FREDERICK COON ARCHITECTS ENGINEERS PLANNERS SURVEYORS APPR0 I/ED TOR SHEET 1 OF 3 3078 SHAWNEE DRIVE 43045 JOHN MOSBY HIGHWAY P.O. BOX 2033 P.O. BOX 220626 WINCHESTER, VIRGINIA 22601 CHANTILLY, VIRGINIA 22022 (703)667-1 103 (703)327-2355 7F W. O. jv 95247 CH7MfES E. WALLS, Jh; S, tKRG/NIA CER77F/CA 7F. NO.. 1945 DA TE SIGNED _ _ '" 4- NIS SURVEY IS NOT VAL/D, UNLESS S(GNED, DA7ED AND STAMPED W7N AN EMBOSSED SEAL OWNER'S CONSENT THIS BOUNDARY LINE ADJUSTMENT PLAT BETWEEN LOT 22-A AMD LOT 23, SECTION 2 WESTS/DE STA77ON , IS MADE WITH WITH THE FULL DESIRE AND CONSENT OF THE UNDERSIGNED OWNERS. DA 7F DA 7F 5TA7FOF VtRLm�-Jt� COUNTY OF M"M>e5e1 GK 70-WT- aA��- aA aA (.JLQA DA 7F Q:11 M LA NOTARY PUBLIC /N ANO FOR THE COUNTY AND ST47F AFORESAID, AA- c %. � DO HEREBY C 77FY INA T � �� �' W/OSE NAMES ARE SIGNED TO THE FOREGOING WR/ANG DA 7FD HA vF PERSONALL Y APPEARED BEFORE ME LEDGED THE SAME. , /N MY COUNTY AFORESAID, AND ACKNOW- G/VEN UNDER MY HAND THIS DAY DAY OF _ �u�Y � /g9s /µ,tYJu'i NOTARY PURL/C MY COMMISSION EXPIRES���T 3( Sr I99� STA 7E OF I/1RC'It 1-4 - "- COUNTY OF 1KZ>tMAGr -- J�wT A NOTARY PUBLIC /N AND FOR THE COUNTY AND STA7F AFORESAID, DO HEREBY �ER�S LEGGED THE SAAME. THAT �"lb;KL `S N ALEGA lZl N�/OSE NAMES ARE SIGNED DA TFD _ 'T I 1 1 "iHA W PERSONALL Y APPEARED BEFORE ME, /N MY COUNTY G/FN -G�V�UY � DA Y OF -%LA Tg 9 6 NOTARY PUBLIC AA MY COMMISSION EXPIRES _ /'tl�Vt��._ 3( WIC L-Kt> • 3078 SHAWNEE DRIVE P.O. BOX 2033 WINCHESTER, VIRGINIA (703) 667-1 103 JUL Y 10, 1995 SHEET 2 OF 3 TO THE FOREGOING WR/77NG AFORESAID, AND ACKNOW- W.O-Z 95247 ARCHITECTS ENGINEERS PLANNERS CHARLES E. WALLS, JR,L1945 SURVEYORS WRC/N/A CER11FlCA7E NO. 43045 JOHN MOSBY HIGHWAY P.O. BOX 220626 DATE SIGNED 22601 CHANTILLY, VIRGINIA 22022 (703)327-2355 THIS SURVEY IS NOT VAUD UNLESS SIGNED, DAZED AND STAMPED W IH AN EMBOSSED SEAL AREA TABULA LION OLD LOT 22A - 18,941 SO. FT. OLD LOT 2J - 15,766 SO. FT TOTAL - J4, 690 SO. FT NEW L 0 T 22B - 19,16J SO. FT NEW L 0 T 2JA - 15,527 SO. FT. TOTAL - J4, 690 SO. FT. A41 IN r'p, hp. l/ NpR� REppRo�� REBAR FOUND s\ SAsr \ �o cl C3 \1 LOT 2JA I � I 2 STORY I RESIDENCE II %0 T 22B 14.5 REBAR TO I BE SET / 2 S -ORCE 1 --� 14.E T ow I�ol — ,35' BRL 1 J5' BRL TELEPHONE TELEPHONE REBAR TO Dc �' BOX ----,/CAN BOX d REBAR TO FOUND 1J2.08' BE SET --S 2570 07" W S 25i0 07" W 4.54' / REBAR FOUND 20' SANITARY SEWER EASEMENT iAIN40,01 ARCHITECTS ENGINEERS PLANNERS SURVEYORS 3078 SHAWNEE DRIVE P.O. BOX 2033 WINCHESTER, VIRGINIA 22601 (703)667-1 103 WESTS/DE STA TION DRIVE 56' R- O- W REBAR FOUND 11 I �C, r I i LCA TV-- 65.00' REBAR FOUND 419 f TO KATHY COURT GRAPHIC SCALE 40 20 0 40 ( IN FEET ) 1 INCH = 40 FEET SHEET J OF J W.0.1 95247 JUL Y 10, 1995 SCALE: 1 "= 40' 43045 JOHN MOSBY HIGHWAY P.O. BOX 220626 CHANTILLY, VIRGINIA 22022 (703)327-2355 CHARLES E. WA�TE+'Naiq�4,5 I.S. WRGINYA CERTIFICA DA TE SIGNED _ _Z 7NIS SURVEY IS NO VAUD UNLESS SIGNED, DA7ED AND STAMPED W7N AN EMBOSSED SEAL 5z n P, i` Bo-1 389 KE 155 1, The above described property shall not be used for any purpose other than residential and only single dwelling units shall be erected thereon, at a cost of not less than Twenty-five Thousand ($25,000.00) Dollars, based on the Revised T+Tholesale Price Index for Building Materials (1947 - published1948 the100.00) as of January 1, 1959, United States Department of Labor, Bureau of Vital Statistics. 2. No building shall be erected on any of the said lots closer than 50 feet from the front nor closer than 10 feet from the side boundary lines, except as otherwise shown on the plat, and except for garages or other buildings located more than 75 feet from the bfront ofd the said lot, which buildings may within one foot of the boundary line. 3. No trailer or temporary saidwelling shall be placed on any of the lots- 4. No hogs, chickens or livestock of any kind shall be kept on any of the said lots.-,.. WITNESS the signature of the Grantor by its President, H. W. Butler, Jr., and its seal duly attested and affixed hereto by its Secretary, Richard D. Kern, all duly authorized, this date first above written. EiENANDOAH POOLS, INC. APPROVED flyS1 Q. A'!•tON COU Nf.IL, CIT`L LSD f#0 4ti4 OF -WIMAILSII�R, V:1.MM4f.i4�..ANAGG //JJ 09 CITY MANAGER E1 g yH. W./BU/TLER, JR., P1tE'IDENT STATE OF VIRGINIA(,� rTO-WIT% ,., a Notary Public in and t{( for the State and ' aforesaid, do hereby certify that H.W. BUTLER, JR.'and RICHARRD D. KERN, President and Secretary, respec- tively, of SHENANDOAH POOLS, INC., whose names are signed to the r 43 1972 McItaY AND Dvr ER foregoing Deed of Dedication, bearing date of (n ,, , / . �7 Mtwcr.K�� V!.02001 same in m ,�.,�...:..e.....,., have personally appeared before me and acknowledged the Y State and aforesaid. 4_/' 1972. k Given under my hand this A? day of �, My Commission expires Q/��n �TARY�BL� F3 63 COMM°NWC4LTH o- 29 _p 520 '� -. Qe �eylPA vkl VIRGINIA S31'S7'34" W — 48a.500 a`ID o,.�.° vk ' 67g.5419•�$' 83. ,Or sl s��o 34 g13.33 -00 � m 26 ro CD !y 6 W �J0' •may. .sj A /- A a s m 20 0 25 a A"c 93. es, F \ ° Z -40 o ~cA S@ •>c 39.73' A a z a c: 9A.\2' 27 E 33� A ' o � n ' 0 S23'55'27'W-297.20' �� B 'SAD N67'12'E-25.76 - o a ao 152.46' 144.74 \ A '. S 2 5' 1 2' W ARc 46.38' S �_ -0:S 25.12' W t ,I\'b Z t� u+ 250.98' 2 1 5.00' I aZ Aa 185.00' � ? N 'o , \ i A Z "-rn CD N Z o o WO! frr 2 r oo� 28 !* 32 A GO �° o .19 1� 1 u, 21 _ ti 7 0 - o �r 0- $ .,, o 0 lb- _ 35• B ➢ t1'_ 4 BUIlO1Na _J JNC_ !4 O ?- ` ' p 79 85.0' 147.18' .1 t^ 184.46' N2 12 E 195.00, 3 4 * 165.00' 7 WAYLA.ND DRIVE 56' R/W b 103.29' rn . O 6 -i b S;Z�5g 75.0�. 200.00— 200.00 525• .200.00 12' W Z A1 2� -- _ LDI No —� _Z00.00' I --200'00' O so 18 N V1 Nt A 22 0 i N 23-> m N 29 N 30 - 31-- S W f, �S`_ 0 A 0'� I O m� 0 U t m 1 0 , y -11J, rn N ��_ ' N d r O h DRAINAGE �- _ 128.84' OO.Oo+2 200.00' Q 200.00' O 2ooR0_ _ .= G %? N 2 552.746.71 N 5j 12 E — 1128.84' E 2.085, 033.62 MILLER LOTS — a S. 197 - P. 161 Z 5� � �,, ��'r`�" �� Ei+ 1 i Vor, aT i 16 W OTHER LAND OF Q 7 s �: ` y 0)s . L A B 1784.5 f %- 02 /cy c~ii a ub o N 25° 12' E s " 1784.5' - �? 'L �L f i c�. K P� oQ L �J SHENANDOAH POOLS. INGI 13 - ' �1 ® H b1mm. u 84.8 6 �p +!' BGUnD^RT G 25 W 2682.35' 6S 2' RESERVED STRA 1 S 12' r/3.5 Z_ HU T . STECX—MILLER LOTS In � � 6� N '-. a} W cy i 4 N in N SCALE: f' = 40' Z Z O H 25° 12' W 585 STREET LJME SIDE 2' RESERVED BOtJPfaV1RT E 56' - FT. RIGHT-OF-WAY TH UGH TOWLEN THE LAND OF SHENANDOAH POOLS. C. ob SURVEYED NOVEMBER 5. 1959. RICHARD U. GOODE. CERTIFIED SURVEYOR b I _ NO cu DELTA RADWS TANGENT ARC CHORD D BEARING I 9° 2�: 43L50' 35.,W 70.79' 70.71' N 2e30' E 2 90 00 136.54' t3 . 4 1 51' 193.1 113.90' N 70° 12' E 3 90° OW190.5d 805W 126. W 4 90° 00' 136.54' 13654 214.48 19310 S 70 1 W ° 0.54 80.54 113.90 5 25°Id 375.50 84.05 165.37 1 ��r� ` --- ~�+- - � 16 ul OTHER LAND OF LVE / ' POOLS, I N 7C�. ) �* DOAH ' STECK-MILLER LOTS �D TATANGENT ARC CHORD H DETAIL 110 56' FT. RIGHT-OF-WAY THROUGH THE LAND OF SHENANDOAH POOLS. , INC. SURVEYED mOV[MBER 5, 1959. R|CHARD U. 6C0DE � CERTIFIED SURVEYOR �~ kD - ` COUNTY OF FREDERICK 9 COURT SQUARE P. O. Box 601 WINCHESTER, VIRGINIA 22601 Mr. Lowell Cutshaw Dove $ Associates P.O. Box 2033 Winchester, Virginia 22601 COUNTY OF FREDERICK 9 COURT SQUARE P. 0. Box 601 WINCHESTER, VIRGINIA 22601 Mr. Lowell Cutshaw Dove & Associates 11350 Random Hills Road, Suite 750 Fairfax, Virginia 22030 rl BMB: dhd 6i79 THIS DEED OF DEDICATION, made and dated this 1st day of February, 1988, by and between WESTSIDE MEDICAL PROPERTIES, a Virginia Partnership, party of the first part, hereinafter called the DECLARANT, whether one or mere, and COUNTY OF FREDERICK, VIRGINIA, party of the second part. WHEREAS, the DECLARANT is the owner in fee simple of the real estate shown on the attached plat drawn by Edward W. Dove, C.L.S., dated November 26, 1987, known as Section 2, Westside Station, and is a part of the development known as Westside Station, described on the final master development plan of Westside Station, as filed in the Office of the Frederick County Department of Planning and Development. This is a portion of the same real estate conveyed to the DECLARANT from Shenandoah Pools, Inc., a Virginia Corporation, by deed dated May 19, 1986, and by deed of correction, dated November 26, 1986, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 617 at Page 246 and Deed Book 632 at Page 763, respectively, and by deed dated May 20, 1986, from June Fishpaw Hurst, of record in the aforesaid Clerk's Office in Deed Book 625 at Page 383, and by deed dated December 23, 1987 from the County of Frederick, Virginia, of record in the aforesaid Clerk's Office in Deed Book 668 at Page 833; and, WHEREAS, said real estate, as shown on the aforesaid attached plat, has been subdivided into lots, and the attached plat shows accu- rately the metes and bounds of the subdivided land, together with the dimensions of each lot thereof (and also shows those certain Easements reserved for installation and maintenance of water and sewer facil- ities for said lots), and further shows certain public streets desig- nated Wayland Drive, Westside Station Drive, Kathy Court, Colin Drive, Colin Court, and Westside Station Court, which shall constitute a portion of that development known as Westside Station, and further additions/lot owners shall become members of the Westside Station Homeowners Association upon the same terms and conditions herein; and, WHEREAS, the DECLARANT now desires to subdivide the same into lots to be known as Section 2, Westside Station. The subdivision of said real estate, as it now appears on the aforesaid attached plat, is with the free consent and in accordance with the desires of the undersigned DECLARANT and the parties hereto further desire to subdivide the aforesaid real estate in accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable and in force and effect as of the date of execution of this Deed of Dedication. NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this Dedication, the DECLARANT does hereby subdivide, grant and dedicate in fee simple all of that certain tract or parcel of land designated Section 2, Westside Station, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, and being more particularly described by the aforesaid plat of Edward W. Dove, C.L.S., dated November 26, 1987, attached hereto and made a part hereof and by this reference incorporated herein as if set out in full, and which plat is drawn in conformity with the final master development plan for Westside Station on file in the Office of the Frederick County Department of Planning and Development. This is the same real estate conveyed to the DECLARANT by deeds as aforesaid. All of the lots shown on the plat attached hereto shall be subject to the following restrictions and covenants and Articles which are covenants running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Westside Station Homeowners Association, a non stock Virginia Corporation, its successors and assigns. Section 2. "Properties" shall mean and refer to that certain real property hereinbefore described in the Westside Station Master Plan as aforesaid as Open Space(s) and Out Lots "A", "B" and "C", and such additions thereto as may hereafter be brought within the jurisdiction of the Corporation. Section 3. "Lot" shall mean and refer to any of the lots designated upon the plat of Westside Station, with the exception of the Open Space (s). Section 4. "Member" shall mean and refer to every person or entity who holds membership in the Association. 2 Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a party of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Declarant" shall mean and refer to Westside Medical Properties, a Virginia Partnership, its successors and assigns. ARTICLE II Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessments by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. One membership per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of,such Lot shall be the sole qualification for membership. A R T I C L E I I I VOTING RIGHTS Each Member of the Association shall have one vote for each lot owned in which said Member shall hold the interest required for membership in Article II. When more than one person holds such interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. The affairs of the Association shall be managed by a Board of not less than three (3), but no more than nine (9) directors, who must be members of the Association. The initial Board of Directors shall be appointed by the Association and serve until the first annual meet- ing following conveyance of the forty-third Lot in the Properties; thereafter, the Board of Directors shall be elected by the Membership as determined in the Bylaws of the Association. 3 ART I C LE I V PROPERTY RIGHTS IN COMh3ON PROPERTIES Section 1. Members' Easements of Enjoyment: Every Member shall have a right and easement of enjoyment in and to the Open Space(s), specifically including but not limited to the rights of ingress and egress across the aforesaid Open Space(s) and such ease- ment shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions: (a) The rights of the Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of improving the aforesaid Open Space(s) and in aid thereof to mortgage said property and the rights of such mortgagee in said Properties shall be subordinate to the rights of the Homeowners hereunder. (b) The rights of the Association to suspend the voting rights and the right to the use of the Open Space(s) by a Member for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations. (c) The rights of the Association to dedicate or transfer all or part of the Open Space(s) to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by Members entitled to cast two --thirds (2/3) of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than twenty-five (25) days nor more than fifty (50) days in advance. Section 2. Delegation of Use: Any Member may delegate, in accordance with the Bylaws, his right of enjoyment to the Open Space(s) to the members of his family, his tenants, or contract pur- chasers who reside on the property. Section 3. Title to the OpenSpace(s): The Declarant hereby covenants for its heirs and assigns, that it will convey fee simple title to the Open Space(s) to the Association, prior to the conveyance of the forty-third Lot. 4 ARTICLE V COVENANTS FOR MAINTENANCE ASSESSMENTS FOR THE ASSOCIATION Section 1. Assessments: The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to the Association (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The annual assessments and special assessments, together, with such interest thereon and costs of collection thereof, as herein- after provided, shall be a charge on the land and shall be a continu- ing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs and reason- able attorney's fee, shall also be the personal obligation of the person who was the Owner of such property at the time when the assess- ment fee was due. The personal obligation shall not pass to his suc- cessors in title unless expressly assumed by them. Section 2. Purpose of Assessments: The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents in the Properties and, in particular, for the improvement and mainte- nance of the Properties, payment of real estate taxes, repairs, snow removal, and service and facilities devoted to this purpose and related to the use of and enjoyment of the Open Space(s). Section 3. Basis and Maximum of Annual Assessments: Until January 1 of the year immediately following the conveyance of the forty-third Lot to an Owner, the maximum annual assessment shall be $ 65.00 per year per Lot; (a) From and after January 1 of the year immediately following the conveyance of the forty-third Lot to an Owner, the maximum annual assessment per Lot may be increased above that set forth hereinabove by a vote of the Members for the next succeeding year and at the end of each year's period, for each succeeding period of one year, provided that any such change shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy, at a meeting duly called for 5 this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meet- ing. The limitations hereof shall not apply to any change in the maximum and basis of the assess- ments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation. (b) After consideration of current maintenance costs and future needs of the Association, the Board of Directors may fix the annual assessments at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improvements: In addition to the annual assessments authorized above, the Association may levy in any assessment year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Open Space(s), including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. Section 5. Uniform Rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for all Lots, and may be collected on a monthly basis. Section 6. Quorum for any Action Authority Under Sections 3 and 4: At the first meeting called, as provided in Sections 3 and 4 hereof, the presence at the meeting of Members or of proxies entitled to cast sixty-seven percent (67%) of all votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 3 and 4 and the required quorum at any such subse- quent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. R Section 7. Date of Comrencerent of Annual Assessments: DUE DATE: The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Open Space(s). The first annual assessment shall be,adjusted accord- ing to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assess- ment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the Association, setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 8. Effect of Non -Payment of Assessments: Remedies of the Association: Any assessments which are not paid when due shall be delinquent. If the assessments are not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property, and interest, costs and reasonable attorney's fees on any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the open Space(s) or abandonment of his Lot. Section 9. Subordination of the Lien to Mortgages: The lien of the assessments provided for herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any Lot. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot which is subject to any mortgage, pursuant to a decree of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such Lot from liability for any assessments thereafter becom- ing due from the lien thereof. 7 Section 10. Exempt Property: The following property subject to this Declaration shall be exempt from the assessments created herein: (a) the Open Space(s); (b) all properties dedicated to and accepted by a local public authority; and (c) all properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of Virginia. However, no residence occupied as a dwelling shall be exempt from these assessments. Section 11. Failure to Maintain Open Space(s): In the event that the Association, or its successors, shall fail to maintain the Open Space(s) in reasonable order and condition, the County of Frede- rick may take such action as authorized by the Frederick County Zoning Ordinance. The Frederick County Zoning Ordinance is by this reference made a part hereof as if set out in full. ARTICLE VI EASEP4ENTS Section 1. Sewer and Water Easements: The property dedicated hereby is subject to that certain easement or right of way designated Sanitary Server Easement/Utility Easement/Water Line Easement on the aforesaid attached plat. The DECLARANT does hereby grant and convey unto the City of Winchester, Virginia a perpetual right of way or easement over the aforesaid rights of way for the installation and maintenance of water and sewer lines and any related facility designated on the aforesaid plat as Sanitary Sewer Easement. The DECLARANT does hereby establish a 10 ft. Private Sanitary Sewer Easement centered on the commn boundary between Lots 2 and 3 for the benefit of Lot 1; the owner of Lot 1 shall have the right to go upon the said easement to construct and maintain the sewer lateral to serve Lot 1. Section 2. Surface Drainage Easement: The property dedi- cated hereby is subject to those certain easements or rights of way designated Drainage Easement and Storm Water Detention Area(s) on the aforesaid attached plat, for the purpose of surface water drainage easement. No structures of any kind which substantially impede or obstruct the flow or ponding of surface drainage water may be placed within said surface water drainage easements designated on the aforesaid attached plat. Said surface water drainage easements may not be altered or modified without the prior consent of the County of Frederick, and the DECLARANT does hereby grant and convey unto the County of Frederick a perpetual right of way or easement over the aforesaid designated surface drainage easements for the purpose of so providing surface drainage. DECLARANT does further agree that the County of Frederick shall be under no obligation to maintain said 8 surface drainage easements, provided, however, that in the event the Association fails to maintain said surface drainage easements, then, and in that event, the County of Frederick shall have the right to maintain the same and charge the Association pursuant to the pro- visions of ARTICLE V, Section 11, hereinabove. Section 3. Reservations: The DECLARANT reserves unto itself, its successors or assigns, the right to erect, maintain, operate and replace underground and above ground telephone and electric light conduits, related equipment, and other facility, sewer, gas, water, and television lines and related equipment, and other utility equip- ment where such utility lines and equipment are now located and along the strip 10 ft. along the front and rear of each Lot and a 10 ft. strip centered on the side line of each adjoining Lot, and a 10 ft. strip along the boundary of all non -adjoining Lots and over the Open Space(s), as needed, provided that such easement shall not interfere with the use and enjoyment of the Open Space(s). ARTICLE VII GENERAL PROVISIONS Section 1. Enforcement: The Association, its successors or assigns, or any Owner, shall have the right to enforce, by any pro- ceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges, now, or hereafter, imposed by the provisions of this Declaration. Failure by the Association, its suc- cessors or assigns, or by any Owner to enforce any covenant or restric- tion herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. Section 3. Amendment: The covenants and restrictions of this Declaration shall run with the land and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time, said covenants shall be automatically extended for successive periods of ten (10) years. The covenants and restrictions of this Declaration may be amended during the first thirty (30) year period by 9 an instrument signed by not less than ninety percent (900) of the Lot Owners, and thereafter, by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners. Any amendment must be properly recorded. Section 4. Dissolution: Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the Association was created or for general welfare of the residents of Westside Station. In the event that such dedication is refused acceptance, such assets shall be deemed vested in the Members of the Association as tenants in common. The Dedication and Subdivision of the land as shown on the attached plat is with the free consent and in accordance with the desire of the undersigned DECLARANT of the land being subdivided, and is in conformity with the provisions of "The Virginia Land Subdivision Act" as are applicable, together with the applicable ordinances and regulations of the governing body of the County of Frederick, Virginia. WITNESS the following signatures and seals: STATE OF VIRGINIA, OF , TO -WIT: I, WESTSIDE MEDICAL PROPERTIES, INC. By e By _RT Ek. its President By: (SEAL) . RUSSELL S, Partner COUNTY OF FREDERICK, VIRGINIA 0 (SEAL) , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that J. V. ARTHUR, k0l INC., by its President, Delbert E. Sibert, Jr., and H. RUSSELL POTTS, PARTNERS OF WESTSIDE MEDICAL PROPERTIES, whose names are signed to the foregoing Deed of Dedication, dated February 1, 1988, have personally appeared before me and acknowledged the same in my State and jurisdic- tion aforesaid. Given under my hand this day of , 1988. My Commission expires 140TARY PUBLIC STATE OF VIRGINIA, OF , TO WIT: I, , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that who is of FREDERICK COUNTY, VIRGINIA, whose name is signed to the foregoing Deed of Dedi- cation, dated February 1, 1988, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this day of 1988. My Commission expires NOTARY PUBLIC 11 BMB:dho 6 i78 . THIS DEED OF DEDICATION, made and dated this lst day of February, 1988, by and between WESTSIDE MEDICAL PROPERTIES, a Virginia Partnership, party of the first part, hereinafter called the DECLARANT, whether one or more, and COUNTY OF FREDERICK, VIRGINIA, party of the second part. WHEREAS, the DECLARANT is the owner in fee simple of the real estate shown on the attached plat drawn by Edward W. Dove, C.L.S., dated November 26, 1987, known as Section 2, Westside Station, and is a part of the development known as Westside Station, described on the final master development plan of Westside Station, as filed in the Office of the Frederick County Department of Planning and Development. This is a portion of the same real estate conveyed to the DECLARANT from Shenandoah Pools, Inc., a Virginia Corporation, by deed dated May 19, 1986, and by deed of correction, dated November 26, 1986, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 617 at Page 246 and Deed Book 632 at Page 763, respectively, and by deed dated May 20, 1986, from June Fishpaw Hurst, of record in the aforesaid Clerk's Office in Deed Book 625 at Page 383, and by deed dated December 23, 1987 from the County of Frederick, Virginia, of record in the aforesaid Clerk's Office in Deed Book 668 at Page 833; and, WHEREAS, said real estate, as shown on the aforesaid attached plat, has been subdivided into lots, and the attached plat shows accu- rately the metes and bounds of the subdivided land, together with the dimensions of each lot thereof (and also shows those certain Easements reserved for installation and maintenance of water and sewer facil- ities for said lots), and further shows certain public streets desig- nated Wayland Drive, Westside Station Drive, Kathy Court, Colin Drive, Colin Court, and Westside Station Court, which shall constitute a portion of that development known as Westside Station, and further additions/lot owners shall become members of the Westside Station Homeowners Association upon the same terms and conditions herein; and, WHEREAS, the DECLARANT now desires to subdivide the same into lots to be known as Section 2, Westside Station. The subdivision of said real estate, as it now appears on the aforesaid attached plat, is with the free consent and in accordance with the desires of the undersigned DECLARANT and the parties hereto further desire to subdivide the aforesaid real estate in accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable and in force and effect as of the date of execution of this Deed of Dedication. NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this Dedication, the DECLARANT does hereby subdivide, grant and dedicate in fee simple all of that certain tract or parcel of land designated Section 2, Westside Station, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, and being more particularly described by the aforesaid plat of Edward W. Dove, C.L.S., dated November 26, 1987, attached hereto and made a part hereof and by this reference incorporated herein as if set out in full, and which plat is drawn in conformity with the final master development plan for Westside Station on file in the Office of the Frederick County Department of Planning and Development. This is the same real estate conveyed to the DECLARANT by deeds as aforesaid. All of the lots shown on the plat attached hereto shall be subject to the following restrictions and covenants and Articles which are covenants running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each ovmer thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Westside Station Homeowners Association, a non stock Virginia Corporation, its successors and assigns. Section 2. "Properties" shall mean and refer to that certain real property hereinbefore described in the WeYtside Station Master Plan as aforesaid as Open Space(s)^and such additions thereto as may hereafter be brought within the jurisdiction of the Corporation. Section 3. "Lot" shall mean and refer to any of the lots designated upon the plat of Westside Station, with the exception of the Open Space(s). Section 4. "Member" shall mean and refer to every person or entity who holds membership in the Association. �i Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a party of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Declarant" shall mean and refer to Westside Medical Properties, a Virginia Partnership, its successors and assigns. ARTICLE II 16100 Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessments by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. One membership per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership. ARTICLE III VOTING RIGHTS Each Member of the Association shall have one vote for each lot owned in which said Member shall hold the interest required for membership in Article II. When more than one person holds such interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. The affairs of the Association shall be managed by a Board of not less than three (3), but no more than nine (9) directors, who must be members of the Association. The initial Board of Directors shall be appointed by the Association and serve until the first annual meet- ing following conveyance of the forty-third Lot in the Properties; thereafter, the Board of Directors shall be elected by the Membership as determined in the Bylaws of the Association. 3 ART I C LE I V PROPERTY RIGHTS IN COMMON PROPERTIES Section 1. Members' Easements of Enjoyment: Every Member shall have a right and easement of enjoyment in and to the Open Space(s), specifically including but not limited to the rights of ingress and egress across the aforesaid Open Space(s) and such ease- ment shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions: (a) The rights of the Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of improving the aforesaid Open Space(s) and in aid thereof to mortgage said property and the rights of such mortgagee in said Properties shall be subordinate to the rights of the Hameaaners hereunder. (b) The rights of the Association to suspend the voting rights and the right to the use of the Open Space(s) by a Member for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations. (c) The rights of the Association to dedicate or transfer all or part of the Open Space(s) to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than twenty-five (25) days nor more than fifty (50) days in advance. Section 2. Delegation of Use: Any Member may delegate, in accordance with the Bylaws, his right of enjoyment to the Open Space(s) to the members of his family, his tenants, or contract pur- chasers who reside on the property. Section 3. Title to the Open Space(s): The Declarant hereby covenants for its heirs and assigns, that it will convey fee simple title to the Open Space(s) to the Association, prior to the conveyance of the forty-third Lot. 4 ARTICLE V COVENANT'S FOR MAINTENANCE ASSESSMENTS FOR THE ASSOCIATION Section 1. Assessments: The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to the Association (1) annual assessments or charges, and,(2) special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The annual assessments and special assessments, together, with such interest thereon and costs of collection thereof, as herein- after provided, shall be a charge on the land and shall be a continu- ing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs and reason- able attorney's fee, shall also be the personal obligation of the. person who was the Owner of such property at the time when the assess- ment fee was due. The personal obligation shall not pass to his suc- cessors in title unless expressly assumed by them. Section 2. Purpose of Assessments: The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents in the Properties and, in particular, for the improvement and mainte- nance of the Properties, payment of real estate taxes, repairs, snow removal, and service and facilities devoted to this purpose and related to the use of and enjoyment of the Open Space(s). Section 3. Basis and Maximum of Annual Assessments: Until January 1 of the year immediately following the conveyance of the forty-third Lot to an Owner, the maximum annual assessment shall be $ per year per Lot; (a) From and after January 1 of the year immediately following the conveyance of the forty-third Lot to an Owner, the maximum annual assessment per Lot may be increased above that set forth hereinabove by a vote of the Members for the next succeeding year and at the end of each year's period, for each succeeding period of one year, provided that any such change shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meet- ing. The limitations hereof shall not apply to any change in the maximum and basis of the assess- ments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation. (b) After consideration of current maintenance costs and future needs of the Association, the Board of Directors may fix the annual assessments at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improvements: In addition to the annual assessments authorized above, the Association may levy in any assessment year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Open Space(s), including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. Section 5. Uniform Rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for all Lots, and may be collected on a monthly basis. Section 6. Quorum for any Action Authority Under Sections 3 and 4: At the first meeting called, as provided in Sections 3 and 4 hereof, the presence at the meeting of Members or of proxies entitled to cast sixty-seven percent (67%) of all votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 3 and 4 and the required quorum at any such subse- quent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. C Section 7. Date of Commencement of Annual Assessments: DUE DATE: The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Open Space(s). The first annual assessment shall be adjusted accord- ing to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assess- ment period. Written notice of the annual assessment shall be sent to every owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the Association, setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 8. Effect of Non -Payment of Assessments: Remedies of the Association: Any assessments which are not paid when due shall be delinquent. If the assessments are not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the owner personally obligated to pay the same, or foreclose the lien against the property, and interest, costs and reasonable attorney's fees on any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Open Space(s) or abandonment of his Lot. Section 9. Subordination of the Lien to Mortgages: The lien of the assessments provided for herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any Lot. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot which is subject to any mortgage, pursuant to a decree of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such Lot from liability for any assessments thereafter becom- ing due from the lien thereof. 7 Section 10. Exempt Property: The following property subject to this Declaration shall be exempt from the assessments created herein: (a) the Open Space(s); (b) all properties dedicated to and accepted by a local public authority; and (c) all properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of Virginia. However, no residence occupied as a dwelling shall be exempt from these assessments. Section 11. Failure to Maintain Open Space(s): In the event that the Association, or its successors, shall fail to maintain the Open Space(s) in reasonable order and condition, the County of Frede- rick may take such action as authorized by the Frederick County Zoning Ordinance. The Frederick County Zoning Ordinance is by this reference made a part hereof as if set out in full. ARTICLE VI W.'Wvjww� Section 1. Sewer and Water Easements: The property dedicated hereby is subject to that certain easement or right of way designated Sanitary Sewer Easement/Utility Easement on the aforesaid attached plat. The DECLARANT does hereby grant and convey unto the County of Frederick, Virginia a perpetual right of way or easement over the aforesaid rights of way for the installation and maintenance of water and sewer lines and any related facility designated on the aforesaid plat as Sanitary Sewer Easement. Section 2. Surface Drainage Easement: The property dedi- cated hereby is subject to those certain easements or rights of way designated Drainage Easement and Storm Water Detention Area(s) on the aforesaid attached plat, for the purpose of surface water drainage easement. No structures of any kind which substantially impede or obstruct the flow or ponding of surface drainage water may be placed within said surface water drainage easements designated on the aforesaid attached plat. Said surface water drainage easements may not be altered or modified without the prior consent of the County of Frederick, and the DECLARANT does hereby grant and convey unto the County of Frederick a perpetual right of way or easement over the aforesaid designated surface drainage easements for the purpose of so providing surface drainage. DECLARANT does further agree that the County of Frederick shall be under no obligation to maintain said E'� surface drainage easements, provided, however, that in the event the Association fails to maintain said surface drainage easements, then, and in that event, the County of Frederick shall have the right to maintain the same and charge the Association pursuant to the pro- visions of ARTICLE V, Section 11, hereinabove. Section 3. Reservations: The DDCLARANT reserves unto itself, its successors or assigns, the right to erect, maintain, operate and replace underground and above ground telephone and electric light conduits, related equipment, and other facility, sewer, gas, water, and television lines and related equipment, and other utility equip- ment where such utility lines and equipment are now located and along the strip 10 ft. along the front and rear of each Lot and a 10 ft. strip centered on the side line of each adjoining Lot, and a 10 ft. strip along the boundary of all non -adjoining Lots and over the Open Space(s), as needed, provided that such easement shall not interfere with the use and enjoyment of the Open Space(s). ARTICLE VII GENERAL PROVISIONS Section 1. Enforcement: The Association, its successors or assigns, or any Owner, shall have the right to enforce, by any pro- ceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges, now, or hereafter, imposed by the provisions of this Declaration. Failure by the Association, its suc- cessors or assigns, or by any Owner to enforce any covenant or restric- tion herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. Section 3. Amendment: The covenants and restrictions of this Declaration shall run with the land and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time, said covenants shall be automatically extended for successive periods of ten (10) years. The covenants and restrictions of this Declaration may be amended during the first thirty (30) year period by 9 an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter, by an instrument signed by not less than seventy-five percent (750) of the Lot Owners. Any amendment must be properly recorded. Section 4. Dissolution: Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the Association was created or for general welfare of the residents of Westside Station. In the event that such dedication is refused acceptance, such assets shall be deemed vested in the Members of the Association as tenants in common. The Dedication and Subdivision of the land as shown on the attached plat is with the free consent and in accordance with the desire of the undersigned DECLARANT of the land being subdivided, and is in conformity with the provisions of "The Virginia Land Subdivision Act" as are applicable, together with the applicable ordinances and regulations of the governing body of the County of Frederick, Virginia. WITNESS the following signatures and seals: STATE OF VIRGINIA, OF I, TO -WIT: WESTSIDE MEDICAL PROPERTIES, INC. By J. V. ARTHUR, INC., Partner By: (SEAL) DELBERT E. SIBERT, JR., its President By: (SEAL) H. RUSS ELL POTTS, Partner COUNTY OF FREDERICK, VIRGINIA ( SEAL) , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that J. V. ARTHUR, 10 INC., by its President, Delbert E. Sibert, Jr., and H. RUSSELL POTTS, PARTNERS OF WESTSIDE MEDICAL PROPERTIES, whose names are signed to the foregoing Deed of Dedication, dated February 1, 1988, have personally appeared before me and acknowledged the same in my State and jurisdic- tion aforesaid. Given under my hand this day of 1988. My Ccmvdssion expires NOTARY PUBLIC STATE OF VIRGINIA, OF , TO WIT: I, , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that , who is of FREDERICK COUNTY, VIRGINIA, whose name is signed to the foregoing Deed of Dedi- cation, dated February 1, 1988, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this day of 1988. My Commission expires NOTARY PUBLIC 11 February 4, .LgFB Westsi.de Medical Properties 1104 Amherst St. Winchester., VA 22601 Dear Mr. Si.bert : This is to advise that the estimated annual cost to maintain the open areas and drainage ditches in the Westside Station Sub -division will be $2, 700. This is an estimate and is subject to requoting in the event that out services are desired. Very truly yours, F- Z E-Z Yard Cleaning Services VIRGINIA DEPARTMENT OF TRANSPORTATION INTRA-DEPARTMENTAL MEMORANDUM TO Mr. C. E. Mattox Edinburg, Virginia Attn: Mr. J. C. Heatwole January 8, 1988 FROM W. H. Bushman SUBJECT: Westside Station Subdivision Ref: Route 50 Frederick County Attached you will find one (1) set of revised plans to the above referenced subdivision. It appears all previous noted revisions have been made per our raq �t . Please review and advise us accordingly. C. William Lam Inspector For: W. H. Bushman Resident Engineer CWL/rh Attach. xc: Mr. R. L. Moore Mr. Lowell (Dutshaw Mr. R. W. Watkins Co COUNTY of FREDERICK w . John R. Riley, Jr. rin County Administrator December r8, 1987 Benjamin M. Butler McKee & Butler P. O. Drawer 2097 Winchester, VA 22601 Dear Ben: The Board of Supervisors for the County of Frederick, Virginia, meeting in regular session on December 16, 1987, did by unanimous vote, authorized the vacation of old Way- land Drive beginning at Lot 17 and thence in a northerly direction to Amherst Street. If additional information is necessary, please do not hesitate to contact me. With kindest regards, I am Sincerely, John R. Riley, Jr. County Administrator JRR/tjp cc: William H. Bushman, Highway Department 703/665-5666 o 011,-f Cn>>arP - P.O. Box 601 - Winchester, Virginia - 22601 ins. Lowell Cutshaw C/0 Dove & Associates 3078 S11a.,mee Dr. Winchester, VA 22601 Dear M--. Cutshaw: COMVONWEALTH OF V IRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION DES a? r- qC;"t, 6r PLANNING U Ai o BUILDNA ti (703) 984-4133 December 10, 1987 Ref: Westside Station Subdivision Route SO Frederick County 1•.s requested, a review of the above reference revised subdivision plans have been made. We offer the following coarrents and recon>mendations as follows. Trams 21"inch pipe extending from drop inlet rn_:;ber A19 (Kathv Court) to Pond Nu,n':)er two should be concrete in lieu of a corru?ated metal. A s:,ale ditch should be provided, as marked on plans in red, for the overflow from Po-Q, L4ar:-b-er t,)o through lots thirty-six to thirty-one. In your letter to Mr. Cochran, the question was raised about the parking prohibita- tior, for streets that are thirty foot face of curb to face of curb. This should be addressed by the local governing bodies. However, this office strongly urges against this issue. As per our telephone conversation, plans should be marked as to section one and section two for clarification. All tl1e other reeom.iended changes from the previous review appear to have been made. -- ....__,.. _,. - - - - _ , r1G�Jc CV l7C ,_i a aL. ..ciltici pl alis aS, resLA i LLl_ Liii I— ev1: N a�LlilClli:� 11 . Sincerely, C. William Fain Inspector For: ' iti . Ii . Bushman Resident Engineer C�Z/ s i Attach. cc: Kr. E. C. Cochran, 3r. ,.Hr. R. L. Moore i it . C. > . Matto- .- r . Robert v.. y-ya ticins Round Hill Volunteer Fire company Route 803, East Cc Winchester, Virginia 22601 December 11, 1987 Mr. Steve Gyurisin Frederick County Office of Planning and Development 9 Court Square Winchester, Virginia 22601 Re: Westside Station Subdivision Dear Mr. Gyurisin: �982 . The hydrant placements for "Westside Station" appear to meet the minimum requirements of the Fire Protection Code of Frederick County for single family detached dwellings. It is my understanding that the street names: In the southern portion of the development are Wayland Drive, Colin Drive and Colin Court. In the northern portion of the development are Westside Station Drive, Kathy Court and Westside Station Court. Sincerely, Tim Welsh Chief TM/wg NOTE: It is my personal feeling that Wayland Drive should have been left as a through street from Merriman's Estates to Amherst Street in order to provide optimum response times. i x . Lowell Cutshaw r'/0 Dove & Associates 3078 Shawnee Dr. Winchester, VA 22601 Dear Mr. Cutshaw: COMMONWEALTH OF VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION (703) 984-4133 December 10, 1987 Ref: Westside Station Subdivision Route 50 Frederick County .s requested, a review of the above reference revised suhctivision plans have been made. We offer the following comments and recommendations as follows. Th::: 21"inch pipe extending from drop inlet nu--ber A19 (Kathy Cc -art) to Pond Num;-)-_r two should be concrete in lieu of a corru-gated metal. A swale ditch should be provided, as marked on plans in red, for the overflow fran: Oo,d Nu t-ber t�fxo through lots thirty-six to thirty-one. In your letter to Mr. Cochran, the question was raised about the parking prohibita- tion for streets that are thirty foot face of curb to face of curb. This should be addressed by -the local governing bodies. However, this office strongly urges against t,L issue. As per our telephone conversation, plans should be marked as to section one and section tejo for clarification. All the other recomrx:nded changes from the previous review appear to have been made. Please revise the attached plans and resua-unit for review accordingly. Sincerely, C. William Lain Inspector For: -W. H. Bushman Resident Engineer C L/si Attach. CC: t-ir. E. C. Cochran, dr. _ it . R. L. i-iocre i'ir. C. E. :ti4attc.. / ir. F:oi)srt v". 'i a ,,ins 1� ROUND HIDE COMMUNITY I° I rR, -1i= COMP tN" il� Route 4 Winchester, Virginia 22601 Mr. Watkins, In reviewing the plans of Westside Station we have found the Fire Hydrant placement to be satisfactory. Our major concerns are that the main drive connect the existing Wayland Drive for two purposes. It would greatly assist us with access from Rt. 50 to the existing subdiv- ision and the proposed fire hydrants will be much more accessable than those on Merrimans Lane. If the new devolpment is not to connect the exis'ting Wayland Drive we recommend that the new drive have a different name to eliminate conflict in an emerg- ancy response. Respectfully, Timothy L. Welsh Fire Chief Round Hill Community Vol. Fire Co. Inc. 9 COMMONWEALTH of VIRGfNIA RAY D. PETHTEL COMMISSIONER Mr. Lowell Cubshaw C/o Dove & Associates 33 E. Roscawen St. Winchester, VA 22601 Dear Mr. Cutshaw: DEPARTMENT OF TRANSPORTATION P. O. BOX 278 EDINBURG, 22824 W. H. BUSHMAN RESIDENT ENGINEER (103) 984-4133 October 15, 1987 Ref: Westside Medical Property Surd. Frederick County This is to'confirm our telephone csonversation on this date wherein I advised the overall. concept for the above referenced subdivision appeared satisfactory. I further advised the proposed cul-de-sac on Wayland Drive is satisfactory in accordance with our minimum requirements_ Before we could ant further it would be neaes_sary for cur people to complete their review of the plans including the drainage layout, easements, means of transporting water to drainage or Natural water oourse, the typical section, the profile and contours. Upon are review and cotVletions of the above, we will pass the comments along to you. Should you have any additional questions, please do not hesitate to contact tree. KDW/rh Y.C: Mr. J. C. Heatwole Sincerely, D. Walker HW_ Contract Admin. A For: W. H. Rumhman Resident Engineer 1 RANSPORTATiON FOR THE 21 ST CENTURY DOVE & ASSOCIATES 11350 RANDOM HILLS ROAD SUITE 750 FAIRFAX, VA. 22030 (703) 385-7414 LETTER of TRANSMITTAL RATE Job No: 03 e�c­c92 ATTENTION ��13 D/li/S/o/ L/ /�' �9 T5 WE ARE SENDINGGO,,ATTACHED ❑ UNDER SEPARATE COVER VIA � AND• SAMPLES 0 SHOP eurto"Nrns �, ❑ LITERATURE ❑ ENGINEERING D DRAWINGS ❑ OTHERS 0 ACTS N 1� 60 ❑ PUNS ❑ CHANGE ORDERS ZA /_❑ANTS ❑ LETTERS COPIES DATE NO DESCRIPTION THESE ARE BEING SENT: ❑ FOR YOUR APPROVAL ❑ FOR YOUR USE �O�FOA YOUR REVIEW __ OF YOUR COMMENTS ❑ FOR YOUR SIGNATURE ❑ FOR YOUR ❑ APPROVED AS NOTED ❑ APPROVED AS SUBMITTED ❑ APPROVED AS CHANGED. ❑ REJECTED AS NOTED ❑ REJECTED AS CHANGED ❑ RETURNED FOR CORRECTIONS ❑ RESUBMIT COPIES FOR APPROVAL ❑ SUBMIT COPIES FOR DISTRIBUTION ❑ RENEW COPIES FOR 13 NOTES I- G Gf% S (f l /L-'7 ye i- T/� Received By SIGNATURE TITLE DATE _ ,!5;7 -3 'ZG G �' T- H E A M E R I C A N I N S T I T U T E O F A R C H I T E C T AIA Document A107 0 Abbreviated Form of Agreement Between Owner and Contractor For CONSTRUCTION PROJECTS OF LIMITED SCOPE where the Basis of Payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. This document includes abbreviated General Conditions and should not be used with other general conditions. It has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the Twenty -Seventh day of January in the year of Nineteen Hundred and Eighty -Eight. BETWEEN the Owner: Westside Station, Inc. (Name and address) Rt . 1 Box 368 Hamilton, Virginia 22068 and the Contractor: (Name and address) The Project is: (Name and location) The Architect is: (Name and address) Perry Engineering Company, Inc. Rt. 6 Box 152B Winchester, Virginia 22601 Westside Station City of Winchester & Frederick County, Virginia Back Creek Magestrial District Dove & Associates 3078 Shawnee Drive Winchester, Virginia 22601 The Owner and Contractor agree as set forth below. Copyright 1936, 1951, 1958, 1961, 1963, 1966, 1974, 1978, ©1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A107 • ABBREVIATED OWNER -CONTRACTOR AGREEMENT • NINTH EDITION • AIA• • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 200n6 A107-1987 1 ARTICLE 1 THE WORK OF THIS CONTRACT 1.1 The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: Construct roads, curb & gutter, storm drainage, water mains, sanitary sewer mains and manholes, water services and sanitary sewer services for 48 lots in accordance with plans drawn by Dove & Associates entitled "Westside Station" as referenced in Section 6.1.4. Contractor will provide surveying and layout for contractor's work. Owner to provide control points for contractor to lay out his work. This is a lump sum contract and rock excavation is included in the contract sum. Excess material to be left on site where directed by owner. Ground preparation or compaction of waste not included. ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 2.1 The date of commencement is the date from which the Contract Time of Paragraph 2.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to pro- ceed issued by the Owner. ()rttert av date of commenaemenr, If it differsfrom the date of Ibis Agreement of if appluaue, state that tbe dote uW bejued in a notice to proceed.) Contract time will commence on February 1, 1988. 2.2 The Contractor shall achieve Substantial Completion of the entire Work not later than September 1, 1988. (hrsert the calendar date or number of calenda► days after tbedate of oomnmencemenf. Also insert any requirements fore artier subuantud Completion of certain por- tions of the work, ( not stated eiw bere in the Contract Documents.) Owner and contractor agree that substantial completion shall occur when work set forth herein is complete, tested and made ready for beneficial use. subject to adjustments of this Contract Time as provided in the Contract Documents. (htsert prot4sions, tf any, for liquidated damages relating to failure to complete on tLne.) If the contractor should fail to achieve substantial completion by September 1, 1988 or the adjusted completion date, then the owner will deduct as "Liquidated Damages" the sum of $600.00 from monies due contractorforeach day beyond the date of substantial completion that the project is not subAkfi6 E Sly complete. -CONTRACT SUM 3.1 The Owner shall pay the Contractor in cun-ent funds for the Contractor's performance of the Contract the Contract Stun of Seven Hundred, Eighty —Six Thousand and Fifty —Nine --------- ------- --- -- —_DOU2ZS (S 786,059.00 ), subject to additions and deductions as provided in the Contract Documents. Schedule of Values - AIA Form G703_Attached. AIA DOCUMENT A107 • ABBREVIATED OWNER -CONTRACTOR AGREEMENT • NINTH MITION • A1A* • O 1997 THE AMERICAN INS77TUTE OF ARCHITECTS, 1735 NEV YORK AVENUE, N.W., WASHINGTON, D.C. 20006 Al07--1087 2 a 3.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. 1f dedsions on other alterrudes are to be made by the Outer subsequent to the aacution of ibis Agreernert, attach a schedule of such other alternates sboudng The amount for each and the date until ufteb that amount is talid.) NONE 3.3 Unit prices, if any, are as follows: Contractor will be allowed to adjust grades in order to minimize cuts to waste. it is the intent to balance the site as closely as possible and to dispose of any excess material on site. Should conditions change the following unit prices will apply: Undercut unsuitable subgrade and waste off site $6.00 per cubic yard Backfill undercut with suitable offsite material $7.50 per cubic yard Haul other excess waste offsite $6.00 per cubic yard ARTICLE 4 PROGRESS PAYMENTS 4.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and else- where in the Contract Documents. The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: Owner may retain 10% of each progress payment due contractor until the dollar amount of work complete equals 50% of the scheduled valve of the contract, then owner may retain 5% of each future progress payment and must reduce retainage to 5% on all past progress payments. Contractor will make application for payment on the last day of each month and owner will make payment for that application by the 15th day of the following month. 4.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (insert rate of interest agreed upon, if any.) 1 z% per month. (Usury laus and requirements under the Federal T► ab in Lerding Act, similar state and local coruumer credit taus anus otber regulattmas at the Ou vter's and Contractor's principal places of business, the location of the Project and elsettivrr mat affect the talidit)' (rf lbts prsx istont. Legal adtdce sbould be ubtatned udtb respect to dWeoonts or modifkwtonu, and also regarding requirements such as u-nite'n disclosures or uairers.) AtA DOCUMENT A107 • ABBREVIATED OWNER -CONTRACTOR AGREEMENT* NINTH EDITION • AIAe • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W'.. WASHINGTON, D.C. 20006 A107-1987 3 ARTICLE 5 FINAL PAYMENT 5.1 Final payment, constituting the entire unpaid balance of the Contract Stun, shall be made by the Owner to the C ntractor when the Work has been completed, the Contract fully performed, XMM�3�F) MCK--9 1NM �KKZ)t) IX 0AXO. and the work is accepted by the governing municipal authority. ARTICLE 6 ENUMERATION OF CONTRACT DOCUMENTS 6.1 The Contract Documents are listed in Article 7 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: 6.1.1 The Agreement is this executed Abbreviated Form of Agreement Between Owner and Contractor, AIA Document A107, 1987 Edition. 6.1.2 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated and are as follows: Document Title Pages 6.1.3. The Specifications are those contained in the Project Manual dated as in Subparagraph 6.1.2, and are as follows: (Eitber list the Specifications bere or refer to an exhibit attacbed to Ibis Agreement.) Section Title Pages AAA DOCUMENT A107 • ABBREVIATED OWNER -CONTRACTOR AGREEMENT • NINTH EDITION • AIAC • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A107-1987 4 6.1.4 The Drawings areas follows, and are dated fEitber list the Drawings bere or refer to an ci*ibit attacbed to this Agrrerwnt.) Number Titic 1 of 21 "Westside Station" 2 of 21 Drawn by Dove & Associates 3,4 of 21 5,6 of 21 7 through 14 of 21 15 of 21 16 through 21 of 21 6.1.5 The Addenda, if any, are as follows: Number Date unless a different date is shown below: Date August 17, 1987 October 29, 1987 August 1987 1987 August 1987 1987 August 1987 Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 6. 6.1.6 Other documents, if any, forming part of the Contract Documents are as follows: (List any additional documenu tvbicb are intended to form part of the Contraa Doaamlm ) Perry Engineering Co., Inc. Schedule of Values AIA Form G703. A copy of which is attached. AAA DOCUMENT A107 • ABBREVIATED OWNER -CONTRACTOR AGREEMENT • NINTH EDITION • AIA• • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A1O7-1987 5 GENERAL CONDITIONS ARTICLE 7 CONTRACT DOCUMENTS 7.1 The Contract Documents consist of this Agreement with Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to the execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as bind- ing as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 7.2 The Contract Document's shall not be construed to create a contractual relationship of any kind (1) between the Architect and Contractor, (2) between the Owner and a Subcontractor or Sub -subcontractor or (3) between any persons or entities other than the Owner and Contractor. 7.3 Execution of the Contract by the Contractor is a represen- tation that the Contractor has visited the site and become famil- iar with the local conditions under which the Work is to be performed. 7.4 The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. ARTICLE 8 OWNER 8.1 The Owner shall furnish surveys and a legal description of the site. 8.2 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for the construction, use or occupancy of permanent structures or permanent changes in existing facilities. 6.3 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents or persistently fails to carry out the Work in accordance with the Contract Documents, the Owner, by a written order, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. ARTICLE 9 CONTRACTOR 9.1 .The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless Contract Documents give other specific instructions concerning these matters. 9.2 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equip- ment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. — 9.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 9.4 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permit- ted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these require- ments, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 9.5 Unless otherwise provided in the Contract Documents, the Contractor shall pay sales, consumer, use, and other similar taxes which are legally enacted when bids are received or nego- tiations concluded, whether or not yet effective or merely scheduled to go into effect, and shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work. 9.6 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations, and lawful orders of public authorities bearing on performance of the Work. The Contractor shall promptly notify the Architect and Owner if the Drawings and Specifications are observed by the Contractor to be at variance therewith. 9.7 The Contractor shall be responsible to the Owner for the acts and omissions of the Contractor's employees, Subcontrac- tors and their agents and cinployees, and other persons per- forming portions of the Work under a contract with the Contractor. AIA DOCUMENT A107 • ABBREVIATED OWNER -CONTRACTOR AGREEMENT • NINTH EDITION • AIA• • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A107-1987 6 9.8 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason- able promptness. The Work shall be in accordance with approved submittals. When professional certification of per- formance criteria of materials, systems or equipment Is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such certifications. 9.9 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 9.10 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 9.11 The Contractor shall pay all royalties and license fees; shall defend suits or claims for infringement of patent rights and shall hold the Owner harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, processor product of -,a -panicular-manufac- turer or manufacturers is required by the Contract Documents unless the Contractor has reason to believe that there is an infringement of patent. 9.12 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Archi- tect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible prop- erty (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in pan by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of iderrnity which would otherwise exist as to a parry or person described in this Paragraph 9.12. 9.12.1 In. claims against any person or entity indemnified tinder this Paragraph 9.12 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnifica- tion obligation under this Paragraph 9.12 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor sunder workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 9.12.2 The obligations of the Contractor under this Paragraph 9.12 shall not extend to the liability of the Architect, the Archi- tect's consultants, and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, Construction Change Directives, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. ADMINISTRATION In The Architect will pro% and ill bD the Owner's repr (2) u it final payment is due once, rom time to time duri in P Dh 18.1 10.2 Th Architect will visit the stage f construction to b progress d quality of the cc in general the Work is bein Ing that the ork, when com; the Contract ments. He required to In e exhaustive to check qualit or quantity i site observatio as an archi Owner informed f progress guard the Owner ainst defe 10.3 The Architect ill not h will not be responsi a for co niques, sequences or rocedL programs in connectiNw'lit th the Contractor's respi and 16.1. The Architen tor's failure to carry oVI tract Documents. 10.4 Based on the Archite the Contractor's Applicatio review and certify the amo issue Certificates for Payment 10.5 The Architect will inte ing performance under and r i menu on written request The Architect will make ' ial or other matters in questi n b tor, but will not be liabl for decisions rendered in od f. matters relating to aes tic efi the intent expressed ' the CO: lions of the Archite ,except by making or accep ce of f arbitration upon written c 10 THE CONTRACT administration of the i .ntative (1) during consi A (3) with the Owner's the correction period di e site at intervals app priate to .ome generally with the ipleted Work and t determine performed in a m er indicat- eted, will be in ac rdance with ever, the Archit ct will not be continuous on ite inspections the Work. O the basis of on- es, the Archii ct will keep the the Work will endeavor to s and defrci ncies in the Work. e control #er or charge of and traction ears, methods, tech- s, or for ety precautions and le Wor , since these are sorely as pr9kided in Paragraphs 9.1 be re possible for the Contrac- rk in/accordance with the Con, #rvations and evaluations of f Payment, the Architect will due the Contractor and will C such amounts. and decide matters concern- ments of the Contract Docu- the Owner or Contractor. c ions on all claims, disputes the Owner and Contrac- ul of any interpretations or Th Architect's decisions in will a final if consistent with ct Do uments. All other deci- )se w h have been waived paym t, shall be subject to and of a her party. 10.6 The Archit t will haveauthority to ject Work which does not confo to the Con -act Docume 10.7 The Arc tect will reviewand appro or take other appropriate a ion upon the Contractor's su ittals such as Shop Drawi s, Product Data d Samples, b only for the limited pu se of checking fo conformance wit information given and a design cone t expressed in a Contract 10.8 All claims or disputes b Owner sing out or relating thereo , shall be decided by at Const ction Industry Arbitrai trati Association currently i ally gree otherwise and subje( c or dispute to the Archit 1 .5. Notice of the demand fo: with the other party to thi Arbitration Association ani able time after the disDute has -tween the Contract r and th, to the Contract, or e bread )itration in accordance with thi on Rules of the Amen Arbi effect unless the partie mutu to an initial presentation f thi ct as required under Para pt arbitration shall be filed in t Agreement and with the Am ri shall be made within a reaso, arisen. The award rendered b AIA DOCUMENT A107 • ABBREVIATED OWNER -CONTRACTOR AGREEMENT • NINTH EDITION • AUG • ©1987 7 A107-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 c arbitrator or arbitrators sh be final, and judgment may en d upon it in accordance with applicable law in any, urt havin risdiction thereof. E. cept by written co of the . person or tity sought to be ined, no arbitrati wising out of or relating the Contract ens shall elude, by con- solidation, joind r in any o er manner, y person or entity not a party to the reeme under ich such arbitration rises, unless it is show th tim a demand for arbitration . is filed that (1) such person y is substantially involved in son or entity is required ' co ple relief is to be accorded in the arbitration, (3) th serest r re s ibility of such person or entity in the er is not substan ' d (4) such person or entity is t the Archit ct or any o e Architect's employ r consultants. agreement here among the parties the Agreement and y other written agr ent to ub' to referred to hereinbe specifically enfo ble der applicable law in anyJuart having jurisdiction there ARTICLE 11 SUBCONTRACTS 11.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. 11.2 Unless otherwise stated in the Contract Documents or hte bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of the Subcontractors for each of the principal portions of the Work. The Contractor shall not contract with any Subcontractor to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. Con- tracts between the Contractor and Subcontractors shall (1) require each Subcontractor, to the extent of the Work to be performed. by the Subcontractor, to be bound to the Contrac- tor by the terms of the Contract Documents, anti to assume toward the Contractor all the obligations and responsibilities which the Contractor, by the Contract Documents, assumes toward the Owner and Architect, and (2) allow to the Subcon- tractor the benefit of all rights, remedies and redress afforded to the Contractor by these Contract Documents. ARTICLE 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 12.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other por- tions of the Project or other construction or operations on.the site under conditions of the contract identical or substantially similar to these, including those portions related to insurance and waiver of subrogation. If. the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such claim as provided else- where in the Contract Documents. 12.2 The Contractor shall afford the Owner and separate con- tractors reasonable opportunity for the introduction and stor- age of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Con- tract Documents. 12.3 Costs caused by delays, improperly timed activities or defective construction shall be borne by the party responsible therefor. ARTICLE 13 CHANGES IN THE WORK 13.1 The Owner, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or modi- fications, the Contract Sum and Contract Time being adjusted accordingly. Such changes in the Work shall be authorized by written Change Order signed by the Owner, Contractor and Architect, or by written Construction Change Directive signed by the Owner and Architect. 13.2 The Contract Sum and Contract Time shall be changed only by7C7638gLX3M C written change order; 13.3 The cost or credit to the Owner from a change in thq� Work shall be determined by mutual agreement. ARTICLE 14 TIME 14.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Con- tractor confirms that the Contract Time is a reasonable period for performing the Work. Ra�1�aP4t�i4�4�rl�rc>��12�� 14.3 If the Contractor is delayed at any time in progress of the Work by changes ordered in the Work, by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather condi- tions not reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by other causes which the Archit ct determines mayaustify delay, then the Contract Time at e extended b e 6rder for u'ch rea- sonable time as the Architect mayy'dN rmine, ARTICLE 15 PAYMENTS AND COMPLETION 15.1 Payments shall be made as provided in Articles 4 and 5 of this Agreement. 15.2 Payments may be withheld on account of (1) defective Work not remedied, (2) claims filed by third parties, (3) failure of the Contractor to make payments properly to Subcontrac- tors or for labor, materials or equipment, (4) reasonable evi- dence that the Work cannot be completed for the unpaid bal- ance of the Contract Sum, (5) damage to the Owner or another contractor, (6) reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid bal- ance would not be adequate to cover actual or liquidated dam- ages for the anticipated delay, or (7) persistent failure to carry out the Work in accordance with the Contract Documents. 1IX7[X11C�}f��X�r�4>3�ieYi ]lEilal�:�3iei ����X KX44X�KICRkX4(@iKC� 15.4 Final payment shall not become due and the Contractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, mate- rials and equipment for which alien could be filed, or a bond satisfactory to the Owner to indemnify the Owner against such AIA DOCUMENT A107 • ABBREVIATED OWNER -CONTRACTOR AGREEMENT • NINTH EDITION • AIA• • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A107-1987 8 ben. if such lien remains unsatisfied aher payments arc made, the Contractor Shall refund compelled to � pay in r all money t the discharging such ben, Owner may be pa including all costs and reasonable attorneys' fees. 16.5 The making of final payment shall constitute a waiver of claims by the Owner except those arising from: .1 liens, claims, security interests or encumbrances aris- ing out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warmtics required by the Contract Documents. Acceptance of final payment by the Contractor, a Subcontrac- tor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and Mend fled by that payee as unsettled at the time of final Application for Payment. ARTICLE 16 PROTECTION OF PERSONS AND PROPERTY 16.1 The Contractor shall be responsible for initiating, main- taining, and supervising all safety precautions and programs in connection with the performance of the Contract. The Con- tractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby, .2 the Work and materials and equipment to be incor- porated therein; and .3 other property at the site or adjacent thereto. The Contractor shall give notices and lawful orders of public laws, ordinances, rules, regulationsand their authorities bearing on safety of persons and property protection from damage, injury or loss. The Contractor shall promptly remedy damage and loss to Property at the .site caused in whole or in pan by the Contractor, a Subcontractor,employed Sub -subcontractor, or anyone directly or indirectly by any of them, or, by anyone for whose acts they may be liable and for which the Contractor is responsible under t for damage or loss attributablegraphs 16.12 and 16.1.3, excep to acts or omissions of the Owner or Architect or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obliga- dons of the Contractor are in addition to the Contractor's obli- gations under Paragraph 9.12. 16.2 The Contractor shall not be required to perform without consent any Work relating to asbestos or polychlorinated Wmyl (PCB). ARTICLE 17 INSURANCE 17.1 The Contractor shall purchase from and maintain in a — company or companies lawfully authorized to do business in the prisdiction in which the Project is located insurance for protection from claims under workers' or workmen's c0MPen- sation acts and other employee benefit acts which are applic- able. claims for damages because of bodily injury. including death, and from claims for damages, other than to the Work itself, to property which may arise out of or result from the Contractor's operations under the Contract, whether such operations be by the Contractor or by a Subcontractor or any- one directly or indirectly employed by any of them. This insur- ance shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater, and shall include contractual liability insur- ance applicable to the Contractor's obligations under Paragraph 9.12. Certlftcates of such insurance shall be filed with the Owner prior to the commencement of the Work. 17.2 The Owner shall be responsible for purchasing and main- taining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self- protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents. 17.3 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the Jurisdiction in which the Project is located, property insurance upon the entire Work at the site to the full insurable value thereof. This insurance shall be on an all- risk policy form and shall include interests of the Owner, the ' Contractor, Subcontractors and Sub -subcontractors in the Work and shall insure against the pails of fire and extended coverage and physical loss or damage including, without dupli- cation of coverage, theft, vandalism and malicious mischief. 17A A loss insured under Owner's property insurance shall be adjusted with the Owner and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgagee clause. 17.5 The Owner shall file a copy of each policy with the Con- tractor before an exposure to loss may occur. Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Contractor. 17.6 The Owner and Contactor waive all rights against each other and the Architect, Architect's consultants, separate con- tractors described in Article 12, if any, and any of their subcon- tractors, stub -subcontractors, agents and employees, for dam- ages caused by fire or other pails to the extent covered by property insurance obtained pursuant to this Article 17 or any other property insurance applicable to the Work, except such rights as they may have to the proceeds of such insurance held by the Owner as fiduciary. The Contractor shall require similar waivers in favor of the Owner and the Contractor by Subcon- tractors and Sub -subcontractors. The Owner shall require simi- lar waivers in favor of the Owner and Contractor by the Archi- tect, Architect's consultants, separate contractors described in Article 12, if any, and the subcontractors, sub -subcontractors, agents and employees of any of them. ARTKXE 18 CORRECTION OF WORK 16.1 The Contractor shall promptly correct Wo lE - 1� faWng to conform to the rcquiranents of the Contractl Documents, whether observed before or after Sub- stantw Completion and whether or not fabricated, Installed or completed, and shall cost ect any Work found to be not in accordance with the requirements of the Contract Documents within a period of one year from the date of Substantial Corn - AMA OOCUIMM A107 • ABBREMTM OVMRCOWMCTOR AGREDUNr • HMM EDMON • ALA* 901997 9 A107-1Nf87 THE AMMUCAN V677Tt= OF ARCHMCTS. 1735 NEw PORK AvviM N.V., WASMNGTON. D.G. 20006 pletion of the Contract or by terms of an applicable special war- ranty required by the Contract Documents. The provisions of this Article 18 apply to Work done by Subcontractors as well as to Work done by direct employees of the Contractor. 16.2 Nothing contained In this Article 18 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Docu- ments. Establishment of the time period of one year as described in Paragraph 18.1 relates only to the specific obliges- tion of the Contractor to correct the Work, and has no relation- ship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to estab- lish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. ARTICLE 19 MISCELLANEOUS PROVISIONS 19.1 The Contract shall be governed by the law of the place where the Project is located. 19.2 As between the Owner and,Or, any appli- cable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued: .1 not later than the date of Substantial Completion for acts or failures to act occurring prior to the relevant date of Substantial Completion; .2 not later than the date of issuance of the final Certifi- cate for Payment for acts or failures to act occurring subsequent to the relevant date of substantial Com- pletion and prior to issuance of the final Certificate for Payment; and ,3 not later than the date of the relevant act or failure to act by the Contractor for acts or failures to act Occur- ring after the date of the final Certificate for Payment. ARTICLE 20 TERMINATION OF THE CONTRACT 20.1 if the Architect fails to recommend payment fora period of 30 days through no fault of the Contractor, or if the 0w�1cx fails to make payment thereon for a period of 30 days, the Con- tractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner payment for all Work executed and for proven loss with respect to materials, equipment, tools, and construc- tion equipment and machinery, including reasonable overhead, profit and damages applicable to the Project. 20.2 If the Contractor defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Docu- ments or fails to perform a provision of the Contract, the .Owner, after seven days' written notice to the Contractor and without prejudice to any other remedy the Owner may have, may make good such deficiencies and may deduct the cost thereof,��K_ om the payment then; n, or thereafter due the Contractor. Alternatively, at the Owncr's''�Y option the Owner may terminate the Contract and take possession of the site and of all materials, tnd may finish the Work by - whatever method the Owner may dean expedient. If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, ft�ft, such access shall be paid to the Contractor, but if such costs exceed such unpaid balance, the Contractor shall pay the difference to the Owner. AIA DOCN11E►11T Al t17 9 ABBU MTFD OwNFRCONTRACTOR AGREEMENT • NUTTH EDFTION • AIA' • O 19V THE AMERICAN INSTITUTE OF ARGHFTELTS, 1735 NEW YORK AVENUE. N.V.. WASHINGTON. D.C. 20006 A107-1987 10 ARTICLE21 OTHER CONDITIONS OR PROVISIONS Contractor to be allowed relief for time lost due to the following circumstances: C l L✓ -Unfavorable weather conditions. -Delays caused by other contractorsior material suppliers. -Delays caused by Owner's instructions or.actions including those by Owner's representative. -Delays caused by revisions to plans, or delays caused by failure of Owner or Engineer to provide contractor with plans that are currently approved by -any -.applicable governing municipal authority, or by failure of owner to obtain any necessary permits. -Delays caused by stoppages in work ordered by any applicable governing municipal authority which are not the direct result of contractor's actions. -Delays caused by additional work resulting from discovery of unforeseen latent -sub- surface physical conditions, i.e ... unsuitable subgrade, ground water, etc. -Delays caused by failure of any applicable governing municipal authority to arrive on site and complete scheduled inspections of the work. Contractor and Owner will keep a daily written log of time lost due to delays enumerated' above and of any other delays which are not the direct result of contractor's actions. Contractor will'include with monthly pay applications a change order request to increase contract time accordingly to any of the circumstances enumberated above and per conditions stated in Article 14. Unless specifically deleted, all references contained herein which refer to "Architect" shall be changed to "Owner". This Agreement entered into as of the day and year first written above. OWWR CONTRACTOR PERRY ENGINEERING COMPANY, INC. ( ouaum) (So ure) (Prbadname and We) RupernaW. Flerner Vice President/General Manaf 11 A107-1087 MA DQCUU01T A107 • ABBREWATED OWNER -CONTRACTOR AGREEMENT* NINTH EDITION • AIAe • 01987 THE AMERICAN INSTMra OF ARCHITECTS. 1735 NEW YORK AVENUE, NW, WASHINGTON, D.C. 20DO6 =7 PAGE OF PAGES 7 I /, A CONTINUATION SHEET AIA DOCUMENT G703 U 1,. AIA Document G702, APPLICATION AND CERTIFICATE FqR PAYMENT, containing b� Contractor's signed Certification is attached., In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply: WESTSIDE STATION APPLICATION NUMBER: APPLICATION DATE: PERIOD FROM: TO: �CtergM A B C D E F G H 1 ITEM DESCRIPTION OF WORK SCHEDULED WORK COMPLETED COMPLETED AND STORED % BALANCE RETAINAGE —TOTAL This Application No. VALUE Previous TO DATE (G=C) TO FINISH (C—Gl Stored Materials Applications Work in Place (not in p or E) (D+E+F) 1. Mobilization $ 2,216.00 2. Surveying $ 12,161.00 i 3. Erosion Control $ 43,443.00 4. Earthwork $186,477.00 ' 5. Sanitary Sewer $130,692.00 6. Storm Sewer $114,620.00 , 7. Water $125,897.00 8. Site Concrete i $ 32,230.Ob i 9. Paving I $138,323.0p $786,059.00 AIA DOCUMENT G703 • CONTINUATION SHEET • APRIL 1978 EDITION • AIA® • © 1978 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 G703-1978 i COUNTY of FREDERICK April 22, 1988 Departments of Planning and Building 703/665-5650 Mr. Lowell Cutshaw Dove & Associates 11350 Random Hill Road, Suite 750 Fairfax, Virginia 22030 RE: Final Subdivision Plat of Westside Station, Section 2 Dear Lowell: While reviewing our files, we realized that we had not sent you a letter of confirmation on the approval of the final subdivision plat for Westside Station, Section 2. This letter will confirm that on December 16, 1987, the Frederick County Planning Commission approved the final subdivision plat of Westside Station, Section 2 for 43 single family traditional lots located south of Route 50 West, east of Route 37, and north of Wayland Drive in the Back Creek Magisterial District. Please send us a copy of the signed final subdivision plat as recorded for our records. If you have any questions regarding this matter, please feel free to call me. Sincerely, Step e Gyurisin Depu y Director SMG/rsa cc: Benjamin Butler 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 DOMINION BANK 4,10EX BENEFICIARY: Frederick County, Virginia 9 Court Square Winchester, Va. 22601 DATE OF ISSUE: February 16, 1988 EXPIRY DATE: February 16, 1989 ISSUING BANK: DOMINION BANK OF SHENANDOAH VALLEY, National Association Dominion Center Harrisonburg, Virginia 22801 APPLICANT: Westside Station, Inc. Route 1, Box 368 Hamilton, Va. 22068 ISSUING BANK NO: SSV059 AMOUNT: $705,000.00 (Seven Hundred five thousand dollars) We hereby issue this irrevocable Standby Letter of Credit in your (the beneficiary's) favor which is available against your drafts at sight drawn on Dominion Bank of Shenandoah Valley, National Association, Harrisonburg, Virginia, bearing the clause: "Drawn under Dominion Bank of Shenandoah Valley, National Association, credit No. SSV059" (as indicated above), accompanied by the following documents: Your officially signed declaration stating: "The amount of the drawing under this credit represents funds due from and remaining unpaid by Westside Station, Inc. in that Westside Station, Inc. has failed to comply with its obligations to you in connection with the State Highway, curb and gutter, storm drainage, water mains, sanitary sewer mains, manholes, water services, and the sanitary sewer services project. Copy of relative unpaid invoice(s). Drafts drawn under this Letter of Credit must be accompanied by the original Standby Letter of Credit. ta Jj2--,, ,�*hov� Aut orized Signature DOMINION is , B4NK BENEFICIARY: , Frederick County, Virginia 9 Court Square Winchester, Va. 22601 DATE OF ISSUE: EXPIRY DATE: February 16, 1988 February 16, 1989 ISSUING BANK: DOMINION BANK 4* SHENANDOAH VALLEY, National Association Dominion Center Harrisonburg, Virginia 22801 APPLICANT: Westside Station, Inc. Route 1, Box 368 Hamilton, Va. 22068 ISSUING BANK NO: SSV059 AMOUNT: $705,000.00 (Seven Hundred five thousand dollars) We hereby issue this irrevocable Standby Letter of Credit in your (the beneficiary's) favor which is available against your drafts at sight drawn on Dominion Bank of Shenandoah Valley, National Association, Harrisonburg, Virginia, bearing the clause: "Drawn under Dominion Bank of Shenandoah Valley, National Association, credit No. SSV059" (as indicated above), accompanied by the following documents: Your officially signed declaration stating: "The amount of the drawing under this credit represents funds due from and remaining unpaid by Westside Station, Inc. in that Westside Station, Inc. has failed to comply with its obligations to you in connection with the State Highway, curb and gutter, storm drainage, water mains, sanitary sewer mains, manholes, water services, and the sanitary sewer services project. Copy of relative unpaid invoice(s). Drafts drawn under this Letter of Credit must.be accompanied by the original Standby Letter of Credit. Aut orized Signature r q s-ACrIOA) — Westside Station Subdivision — r