HomeMy WebLinkAboutSDP202100050 Agreements 2021-05-19Site Name: Yancey Mill Site I.D. 50064
SITE AGREEMENT
THIS SITE AGREEMENT ("Agreement") is entered into this AO"_ ay of , 2021, between PATRICIA W.
PATTERSON ("OWNER"), and SHENANDOAH MOBILE, LLC, a Virginia limited liability company ("TENANT").
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. Premises and Use.
A. OWNER, as the owner of real property as described in Exhibit A ("Property"), leases to TENANT land consisting of
approximately 900 square feet (30' x30') upon which TENANT will construct its antenna structure ("Tower"), building, utilities,
cable and conduit, communications equipment and antennas (collectively, the "Site") in the location(s) shown on Exhibit A, together
with a non-exclusive easement(s) for utilities and unrestricted ingress and egress on foot or motor vehicle over, under, or along the
easement extending from the nearest public right-of-way to the Site, all as shown on Exhibit A. TENANT will use the Site in a
manner which will not unreasonably disturb the occupancy of OWNER or other tenants. TENANT shall have unencumbered access
to the Site 24 hours per day, 7 days per week. The Site may be used by TENANT (its sublessees and/or Licensees) for (i) installing,
removing, replacing, modifying, maintaining and operating communications systems including, without limitation, personal
communications service, cellular, paging, radio, CATV, microwave and communications facilities which may include, without
limitation, antenna arrays, dishes, fiber optic facilities, cables, wires, equipment shelters and buildings, electronics equipment,
generators, fuel tanks, accessories, related fixtures and fencing (collectively, the "Telecommunications Facilities") and, if the Site
includes real property, communications towers and (ii) such other uses as permitted by law. Further, TENANT (its sublessees and/or
licensees) shall have the right to conduct Feasibility Tests on the Site and OWNER's Property to determine the suitability of the Site
for TENANT's (its sublessees' and/or licensees') intended operations.
B. OWNER acknowledges that TENANT has leased the Site to construct thereon a Tower, which may be up to 150 feet in
height, as part of its Site and Telecommunications Facilities ("TENANT's Property"). OWNER covenants and agrees that no part of
the improvements installed, constructed, erected or placed by TENANT on the Site will be or become, or be considered as being,
affixed to or a part of OWNER'S real property of which the Site is a part. Any provisions and principles of law to the contrary
notwithstanding, it is the specific intention of OWNER and TENANT that all of such improvements, including without limitation, the
Tower, will be and remain the property of TENANT despite any default or termination of this Agreement and may be removed by
TENANT at any time in TENANT's discretion provided that TENANT, at its expense, restores the Site, as near as practicable, to its
condition prior to such improvements save and except utilities and fences installed, access areas improved, removal of vegetation for
construction purposes, concrete pads, foundations, footings and guy anchors installed, items constructed or changed by any person(s)
or entity(ies) other than TENANT, normal wear and tear, and actions beyond TENANT's control.
C. TENANT may install and maintain a fence around the Site and/or the Tower or other parts of the Telecommunications
Facilities as TENANT determines is reasonable for proper and efficient operation and protection. TENANT also may improve the Site
by grading, graveling or paving as TENANT determines is reasonable for the proper and efficient construction of the Tower and
Telecommunications Facilities.
2. Term. The initial term of this Agreement is five (5) years (the "Initial Term"), commencing on the first day of the month following
the date both TENANT and OWNER have executed this Agreement ("Commencement Date"). This Agreement will be automatically.
renewed for nine (9) additional terms (each a "Renewal Term") of five (5) years each, unless TENANT provides OWNER notice of
intention not to renew not less than 90 days prior to the expiration of the Initial Term or any Renewal Term. Upon the
Commencement Date, TENANT shall have access to the Property to perform such tests and studies as TENANT may deem necessary
to determine the suitability of the Site for TENANT's intended operations. OWNER shall reasonably cooperate with such tests and
studies, provided TENANT does not unreasonably interfere with the operation of the Property.
3. Rent. Until the date, which is the first day of the month following the commencement of construction on Site,
(until increased as set forth herein) on the first day of each
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Site Name: Yancey Mill Site I.D. 50064
4. Title and Quiet Possession. OWNER represents and agrees (i) that it is the fee owner of the Site; (ii) that it has the right to enter
into this Agreement; (iii) that the person signing this Agreement has the authority to sign; (iv) that TENANT is entitled to access to
the Site at all times and to the quiet possession of the Site throughout the Initial Term and each Renewal Term so long as TENANT is
not in default beyond the expiration of any cure period; (v) that OWNER shall not have unsupervised access to the Site or to the
Telecommunications Facilities; (vi) that the Site is free and clear of any restrictive covenants, restrictions, liens or mortgages (other
than mortgages for which a non -disturbance agreement has been executed), which would interfere with TENANT's rights to or use of
the Site; and (vii) that the execution and performance of the Agreement will not violate any laws, ordinances, covenants or the
provisions of any mortgage, lease or other agreement binding on the OWNER.
5. Assignment.
A. TENANT shall have the right, with written notice to OWNER, but without OWNER's consent, to assign its rights
hereunder to TENANT's affiliates, subsidiaries or to any entity which acquires all or substantially all of TENANT's assets by reason
of a merger, acquisition or other business reorganization. As to any other assignment, TENANT shall have the right to assign its
rights under this Agreement with notice to OWNER, but without OWNER's consent, provided that any assignee to this Agreement
agrees to assume all of TENANT's obligations to be performed hereunder. The parties agree that a pledge of, or grant of a security
interest in this Agreement to any lender(s) of TENANT or its affiliates, or by OWNER, for the purpose of securing indebtedness, shall
not require the consent of the other party and is hereby authorized. Notwithstanding the foregoing provision, TENANT warrants and
represents that OWNER will have no liability or obligations with respect to any indebtedness or loans of TENANT.
B. Should OWNER, at any time during the term of this Agreement, sell all or any part of the Property of which TENANT's
Site is a part, such sale shall be subject to this Agreement.
C. If at any time after the execution of this Agreement, OWNER receives, and seriously considers accepting a bona fide
written offer from a third party seeking to obtain an easement, which easement includes the Site, for any purpose, or an assignment of
this Agreement, or rights to the rental stream thereunder ("Offer"), OWNER shall immediately furnish TENANT with a copy of the
Offer. TENANT shall have the right, within sixty (60) days after it receives a copy of the Offer, to match the terms thereof
("Counteroffer"), with such Counteroffer to be in a form substantially similar to the Offer. If TENANT chooses not to exercise this
right of first refusal or fails to provide a written Counteroffer to OWNER within the thirty (30) days period, OWNER may grant the
aforesaid easement or assign the Agreement, including the rental streams, on the same terms and conditions offered to TENANT,
subject to the terms of this Agreement. If OWNER attempts to assign this Agreement or the ownership of the rental stream, or grants
an easement to a third party without fully complying with the terms and conditions herein, such a transfer shall be void and of no
further force and effect. OWNER agrees to indemnify TENANT for any and all claims associated with such a transfer.
D. The transfer of the ownership of the entire Property by OWNER to another party through a bona fide sale, the devise of
the Property pursuant to any Last Will and Testament; or the passage of title through any survivorship provisions set forth in the chain
of title to the Property shall not be defined as a transfer to a third party pursuant to this Section.
6. Subleasing. TENANT shall have the right to sublease its rights under this Agreement without (i) notice to, or (ii) consent of
OWNER. TENANT shall, however, incorporate the terms of this Agreement in any sublease documentation with tenants, and all
tenants shall abide by and be subject to the applicable terms and conditions hereof.
7. Notices. Any notice or demand permitted or required to be given herein shall be made by certified or registered mail, return receipt
requested, or reliable national overnight courier (such as UPS, Fed -Ex) to the address of the respective parties set forth below. All
notices must be in writing and are effective upon delivery. Either party may change the address for notice upon written notification to
the other.
TENANT:
Shenandoah Mobile, LLC
Attn: Lease Administration
P.O. Box 459
500 Shentel Way
Edinburg, VA 22824
Copy to: Shenandoah Mobile, LLC
Attn: General Counsel
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OWNER:
Patricia W. Patterson
191 Patterson Mill Lane
Crozet, VA 22932
Telephone:434-823-4681
Site Name: Yancey Mill
Site I.D. 50064
P.O. Box 459
500 Shentel Way
Edinburg, VA 22824
8. Improvements. TENANT may, at its expense, make such improvements on the Site, as it deems necessary from time to time for
the operation of the Site. OWNER agrees to cooperate with TENANT with respect to obtaining any required zoning approvals for the
Site and such improvements, and agrees that TENANT may act as OWNER's agent in obtaining the required jurisdictional permitting
to accomplish the objectives of this Agreement. Upon termination or expiration of this Agreement, TENANT may remove its
equipment and improvements and restore the Site, as near as practicable, to its condition prior to such improvements (save and except
utilities and fences installed, access areas improved, removal of vegetation for construction purposes, concrete pads, foundations,
footings and items constructed or changed by any person(s) or entity(ies) other than TENANT, normal wear and tear, and actions
beyond TENANT's control).
9. No Liens. OWNER will not permit any mechanics' or materialmen's or other liens on the Site, Tower or Telecommunications
Facilities for any labor or material furnished at OWNER's request pursuant to this Agreement ("Owner Lien"). If an Owner Lien has
been filed against the Site, Tower or Telecommunications Facilities and a final judgment on the Owner Lien is adverse to OWNER,
OWNER shall pay the determined amount of Owner Lien with all costs, fees and charges, thereby releasing such Owner Lien.
OWNER shall have the right to contest the validity, nature or amount of any such Owner Lien, but upon the final determination of
such questions, shalt immediately pay any adverse judgment rendered with all proper costs and charges and shall have the lien
released at its own expense.
10. Compliance with Laws. OWNER represents that OWNER's property (including the Site), and all improvements located thereon,
are in substantial compliance with building, life/safety, disability and other laws, codes and regulations of applicable governmental
authorities. TENANT will substantially comply with all applicable laws relating to its possession and use of the Site.
11. Interference. TENANT will resolve technical interference problems with OWNER's equipment located at the Property upon turn
up of the Telecommunications Facilities. Likewise, OWNER will not permit or suffer the installation of any future equipment, or
modification of existing equipment on the Property, which (i) results in technical interference problems with TENANT's use of the
Site or (ii) encroaches onto the Site. In the event any future lessee's or licensee's equipment causes interference to TENANT's
Telecommunications Facilities ("Interfering Party"), TENANT shall notify OWNER in writing of such interference and OWNER
shall cause the Interfering Party to take steps necessary to correct such interference. If within ten (10) days of OWNER's receipt of
such notice of interference and the Interfering Party has failed to correct such interference, OWNER shall require such Interfering
Party to cease operations until such interference is corrected. The parties acknowledge that continuing interference will cause
irreparable injury to TENANT and TENANT shall have the right, in addition to any other rights that it may have at law or equity, to
bring an action to enjoin the interference or to terminate this Agreement.
12. Utilities. OWNER represents that utilities adequate for TENANT's use of the Site are available. TENANT will pay for all utilities
used by it at the Site. OWNER will cooperate with TENANT in TENANT's efforts to obtain utilities from any location provided by
OWNER or the servicing utility, including signing any easement or other instrument reasonably required by the utility company. In
the event any utility is unable to use the easement defined in Section I(A) for technological, financial or other reasons, the OWNER
hereby agrees to grant an additional easement either to TENANT or to the utility entity at no cost to TENANT.
13. Approvals. Throughout the lease Term, as may be extended, TENANT, at TENANT's expense, shall be responsible for obtaining
all licenses, permits, easements and other approvals required by utility companies and/or any federal, state or local authority for
TENANT's use of the Site and/or operation of the Telecommunications Facilities (collectively, "Approvals"). OWNER agrees to
cooperate with TENANT in obtaining and/or maintaining, at no expense to OWNER and at no additional expense to, or consideration
from TENANT, such Approvals required for TENANT's proposed use of the Site and/or operation of the Telecommunications
Facilities, including, without limitation, the execution and notarization of, and delivery to TENANT within fifteen (15) calendar days
of OWNER's receipt thereof, all documents required for such Approvals.
14. Termination. TENANT may terminate this Agreement at any time by notice to OWNER without further liability if TENANT
does not obtain all permits or other approvals (collectively, "approval") required from any governmental authority or any easements
required from any third party to operate the Site, or if any such approval is canceled, expires or is withdrawn or terminated, or if
OWNER fails to have proper ownership of the Site or authority to enter into this Agreement, or if TENANT, for any other reason, in
its sole discretion, determines that it will be unable to use the Site. Upon termination, all prepaid rent will be retained by OWNER
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Site Name: Yancey Mill Site I.D. 50064
unless such termination is due to OWNER's failure of proper ownership or authority, or such termination is a result of OWNER's
default.
15. Default. If either party is in default under this Agreement for a period of (i) 15 days following receipt of notice from the non -
defaulting party with respect to a default which may be cured solely by the payment of money, or (ii) 30 days following receipt of
notice from the non -defaulting party with respect to a default which may not be cured solely by the payment of money, then, in either
event, the non -defaulting party may pursue any remedies available to it against the defaulting party under applicable law, including,
but not limited to, the right to terminate this Agreement. If the non -monetary default may not reasonably be cured within a 30-day
period, this Agreement may not be terminated if the defaulting party commences action to cure the default within such 30-day period
and proceeds with due diligence to fully cure the default.
16. Indemnity. OWNER and TENANT each indemnifies the other against and holds the other harmless from any and all costs
(including reasonable attorneys' fees) and claims of liability or loss which arise out of the ownership, use and/or occupancy of the Site
by the indemnifying party. This indemnity does not apply to the extent claims arise from the negligence or intentional misconduct of
the indemnified party. The indemnity obligations under this Paragraph will survive termination of this Agreement.
17. Hazardous Substances. OWNER represents that it has no knowledge of any substance, chemical or waste (collectively,
"substance") on the Site that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation.
TENANT will not introduce or use any such substance on the Site in violation of any applicable law.
18. Subordination and Non -Disturbance. OWNER will use diligent efforts to obtain a non -disturbance agreement reasonably
acceptable to TENANT from the holder of any mortgage or deed of trust on the Property providing that so long as TENANT is not in
default under this Agreement, such holder shall not, nor shall any trustee or other party in the exercise of any rights under any deed of
trust or other security document, disturb or interfere with TENANT's right to remain in possession of the Site or TENANT's right to
enjoy all of the rights and privileges set forth in this Agreement.
19. Taxes. TENANT will be responsible for payment of all real estate or personal property taxes assessed directly upon and arising
solely from its improvements and use of the Telecommunications Facility on the Site. OWNER will pay when due all real estate taxes
and assessments attributable to the properly of OWNER of which the Site is a part. TENANT agrees to reimburse to OWNER any
increase in real property taxes attributable solely to any improvements to the Site made by TENANT and assessed against OWNER,
within 30 days after receipt of satisfactory documentation from OWNER indicating (i) payment of the real property taxes by OWNER,
(ii) the amount of the taxes, and (iii) TENANT's share thereof.
20. Insurance. TENANT will procure and maintain commercial general liability insurance, with limits of not less than $1,000,000
combined single limit per occurrence for bodily injury and property damage liability, with a certificate of insurance naming the
OWNER as additional insured to be furnished to OWNER. TENANT and OWNER hereby waive its right of recovery against the
other for any loss or damage covered by any insurance policies maintained by the waiving party. TENANT and OWNER will each
request its insurance carrier to include in policies provided pursuant to this Agreement an endorsement recognizing this waiver of
subrogation.
21. Maintenance. TENANT will be responsible for repairing and maintaining the Telecommunications Facilities and any other
TENANT improvements at the Site in a proper operating and reasonably safe condition. OWNER, at OWNER's expense, shall be
responsible for repairing and maintaining the Property, exclusive of TENANT's improvements, together with all other improvements
located thereon, including, without limitation, existing landscaping, buildings and driveways. All maintenance by either party shall be
performed in a good workmanlike manner and in compliance with all governmental laws. Any OWNER maintenance or repair work
immediately adjacent to the Site shall be coordinated with TENANT and shall be conducted in such a manner as to prevent
interference with TENANT's Telecommunications Facilities. If OWNER fails to maintain or repair the Property, then TENANT may,
after thirty (30) days prior written notice to OWNER, make the necessary repairs and the costs thereof shall be payable to TENANT
by OWNER on demand.
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Site Name: Yancey Mill Site I.D. 50064
22. Arbitration. If a dispute arises between the parties relating to the interpretation or performance of this Agreement or the grounds
for the termination thereof, the parties agree to meet to try to resolve the dispute. Such meeting shall be attended by individuals with
decision -making authority to attempt, in good faith, to negotiate a resolution of the dispute prior to pursuing other available remedies.
If, within thirty (30) days after such meeting, the parties have not resolved the dispute to their mutual satisfaction, the dispute shall be
settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association currently in effect
and such arbitration shall be final and binding. Arbitration shall be commenced by written demand made in a timely manner by either
party to the American Arbitration Association with a copy to the other party. Any written demand for arbitration will be deemed
timely only if it is made before the date when institution of legal proceedings based upon such claim would be barred by the
applicable statute of limitations in effect in the state in which the Site is located. The arbitration shall be held in the county and state
in which the Site is located unless the parties mutually agree upon another location and shall be heard by three (3) arbitrators. Such
arbitrators shall be selected by mutual agreement of the parties, or failing such agreement, each party shall select one (1) arbitrator and
the two (2) selected arbitrators shall mutually agree upon the selection of a third (3rd) arbitrator. The award rendered by the arbitrators
shall be final and binding, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction
thereof. The substantially prevailing party in any such arbitration shall be entitled to reasonable attorneys' fees and costs from the
other party in an amount to be determined by the arbitrators. The substantially prevailing party in any judicial enforcement or review
proceeding concerning the arbitration shall also be entitled to reasonable attorneys' fees and costs from the other party in an amount to
be determined by the court. This paragraph shall survive any expiration or termination of this Agreement and shall continue to be
enforceable in the event of the bankruptcy of a party.
23. Condemnation. If the whole Property or a portion thereof which adversely affects TENANT's use of the Site (as determined by
TENANT in TENANT's reasonable discretion) is permanently condemned or taken for public purposes, or sold to a condemning
authority under threat of a condemnation to prevent a taking, TENANT shall have the right to terminate this Agreement as of the day
of the taking, condemnation or sale by giving OWNER written notice thereof. If the whole Property or a portion of the Property is
temporarily condemned or taken for public purposes and such temporary condemnation or taking exceeds thirty (30) days, TENANT
shall have the right to terminate this Agreement by giving OWNER written notice thereof at any time after such thirty (30) day period
but prior to the termination of such temporary condemnation or taking. With regard to any taking, condemnation or sale, OWNER
shall be entitled to the condemnation award for the Property; however, TENANT shall be entitled to recover from such condemning
authority any award based upon its leasehold interest as set forth in this Agreement, along with the value of all of TENANT's
improvements, including, but not limited to, the Tower, the Telecommunications Facilities, prefabricated buildings, generators,
fencing and any other improvements, and for all of TENANT's other personal property, trade fixtures, fixtures, moving expenses,
business damages, business interruption, business dislocation, or other losses or expenses as may be incurred. Upon the termination
of this Agreement pursuant to this paragraph 22 due to a condemnation, taking or sale in lieu thereof, OWNER shall refund to
TENANT any prepaid rent for the period after the effective date of the condemnation, taking or sale. If this Agreement is not
terminated in the event of any condemnation, taking or sale in lieu thereof but TENANT is unable to use the Site due to such
condemnation, taking or sale, the rent payable by TENANT pursuant to this Agreement shall abate during the period of time that
TENANT is unable to use the Site. Further, if this Agreement is not terminated in the event of a condemnation, taking or sale and
adequate ground space exists for the erection of a temporary tower on the remaining portion of the OWNER's Property which is not
the subject of the condemnation, taking or sale, TENANT, at TENANT's expense, shall have the right, but not the obligation, to erect
a temporary tower on such remaining portion of OWNER's Property for TENANT's exclusive use.
24. Disconnection. OWNER shall not remove or disconnect the Antennas or Telecommunications Equipment in any way unless: (i) it
is necessary to prevent bodily injury or material property damage; or (ii) prior written notice is given to TENANT and TENANT
approves such disconnection.
25. Conditions Precedent. TENANT s obligation to perform under this Agreement shall be subject to and conditioned upon
("Conditions'):
A. TENANT securing appropriate approvals for TENANT's intended use of the Site from any other Federal, state or local
regulatory authority having jurisdiction over TENANT's proposed use of the Site ("Governmental Approval') and all other Approvals.
B. TENANT may conduct radio frequency propagation studies ("RF Studies') on the Property. If the RF Studies do not
provide results satisfactory to TENANT, TENANT shall have no obligation to perform under this Agreement.
C. TENANT securing consistent and reliable services at agreed upon rates and in sufficient capacities for electricity,
broadband telecommunications data lines and other services required or appropriate for the operation of the Telecommunications
Facilities.
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Site Name: Yancey Mill Site I.D. 50064
D. TENANT's inability to successfully satisfy any of these conditions or the occurrence of any other event which
effectively prohibits TENANT's intended use of the Site shall relieve TENANT from any obligation to perform under this Agreement
and shall entitle TENANT to terminate this Agreement and obtain restitution of any Rent which may have been paid in advance to
OWNER if TENANT gives notice to OWNER of such failure to satisfy the Conditions within ninety (90) days after the
Commencement Date. TENANT is not obligated to commence commercial operations until all Conditions have been satisfied.
26. Miscellaneous. (i) This Agreement applies to and binds the heirs, successors, executors, administrators and assigns of the parties
to this Agreement; (ii) this Agreement is governed by the laws of the state in which the Site is located; (iii) If requested by TENANT,
OWNER agrees promptly to execute and deliver to TENANT a recordable Memorandum of this Agreement in the form of Exhibit B;
(iv) this Agreement (including the Exhibits) constitutes the entire agreement between the parties and supersedes all prior written and
verbal agreements, representations, promises or understandings between the parties; any amendments to this Agreement must be in
writing and executed by both parties; (v) if any provision of this Agreement is invalid or unenforceable with respect to any party, the
remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or
unenforceable, will not be affected and each provision of this Agreement will be valid and enforceable to the fullest extent permitted
by law; and (vi) the prevailing party in any action or proceeding in court or mutually agreed upon arbitration proceeding to enforce the
terms of this Agreement is entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from
the non -prevailing party.
27. Confidentiality. The parties shall keep confidential the terms and conditions of this Agreement, except as reasonably necessary
for performance hereunder and except to the extent disclosure may be required by applicable laws or regulations, in which latter case,
the party required to make such disclosure shall promptly inform the other party prior to such disclosure to enable that party to make
known any objections it may have to such disclosure.
29. Non -Binding Until Fully Executed. This Agreement is for discussion purposes only and does not constitute a formal offer by
either party. This Agreement is not and shall not be binding on either party until and unless it is fully executed by both parties.
(Signatures on the following page.)
Page 6 of 10
Site Name: Yancey Mill
Site I.D. 50064
Witness the following signatures and seals:
OWNER:
PATRICIA W.PATTERSON
By: I? (SEAL)
Patricia W. Patterson
Date: L//
COMMONWEALTH OF VIRGINIA
TENANT:
LLC
By: " "^' " - SEAL
Wil am L.gqPiirt, Senior Vice President -Sales & Marketing
Date: 4Iw it
#############################################
OUNT ITY OF i, (Yjt {NlG1/ 1C To -Wit:
My
The foregoing Site Agreement was acknowledged before me, a Notary Public in and for the jurisdiction aforesaid, on this
2021, by Patricia W. Patterson, the "OWNER" herein.
217A 1 Z0 2—q
````ter
PUg1t`
iI OF VIRGINIA AT LARGE, To -Wit:
Notary Public
The foregoing Site Agreement was acknowledged before me, a Notary Public in and for the Commonwealth of Virginia At
Large, in Shenandoah County, Virginia, on this o20!"day of _L2021, by William L. Pirtle, Senior Vice President
— Sales & Marketing, on behalf of Shenandoah Mobile, LLC, a Virginia limited liability company, as "TENANT" herein.
My commission expires: 'al. &Oa&3
Lynda S. Burner 1-� V 7t`l
Commonwealth of Virginia Notary Public
(SEAL) Notary Public
9(@gE� Commission No. 199110
s�"•••� •�"'� My Commission Expires MIJ2023
ATTACHED EXHIBITS:
Exhibit A: Property / Site Description
Exhibit B: Memorandum
Exhibit C: Site Access & Information
Page 7 of 10
Site Name: Yancey Mill
Site I.D. 50064
EXHIBIT A
"PROPERTY"
Site Description
Site situated at Patterson Mill Lane, Crozet, Virginia 22932
Legal Description:
Yancey by Deed dated January 22, 1983 and recorded in Deed Book 755, Page 0624.
PARCEL7:
All that certain tract or parcel of land with appurtenances thereunto belonging, located at Yancey's Mill in Albemarle County,
Virginia, containing 8.02 acres more or less, and being a portion, and the residue of a larger parcel conveyed to Franklin W. Yancey
by deed of Annie D. Yancey, widow, of record in said Clerk's Office in Deed Book 269, Page 193, less and excepting a parcel
containing 4.02 acres being more particularly described as Parcel A on plat of Steven L. Key, Land Surveyor, dated September 29,
1988, attached to Deed recorded in Deed Book 1025, Page 0207 which parcel is reserved and excepted
LESS AND EXCEPT that portion of property conveyed to Rachel Kay Patterson Collins and Luke Bradford Collins from
Roger W. Patterson and Patricia W. Patterson by Deed dated April 1, 1994 and recorded in Deed Book 1399, Page 0320.
LESS AND EXCEPT that portion of property conveyed to Rachel Kay Patterson Collins and Luke Bradford Collins from
Roger W. Patterson and Patricia W. Patterson by Deed of Gift dated December 22, 1999 and recorded in Deed Book 1884, Page 0481.
AND BEING a portion of the same property conveyed to Roger W. Patterson and Patricia W. Patterson from Franklin W.
Yancey by Deed dated November 30, 1988 and recorded December 1, 1988 in Deed Book 1025, Page 0207.
Tax Parcel No. 07100-00-00-037JO
SEE ATTACHED DRAWINGS
OWNER Initials 0 W 6
TENANT Initials
Note: OWNER and TENANT may, at TENANT's option, replace this Exhibit with an Exhibit setting forth the legal description of the
property on which the Site is located and/or an as -built drawing depicting the Site.
Page 8 of 10
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Site Name: Yancey Mill Site I.D. 50064
EXHIBIT B
Prepared By and Return To:
Shenandoah Mobile, LLC Tax Parcel # 07100-00-00-037JO
P.O. Box 459
500 Shentel Way
Edinburg, Virginia 22824 Telecommunications Facility
Memorandum of Site Agreement
THIS MEMORANDUM OF SITE AGREEMENT ("Memorandum") is made this day of , 2021, by and
between PATRICIA W. PATTERSON whose address is 191 Patterson Mill Lane, Crozet, VA 22932 ("OWNER") and
SHENANDOAH MOBILE, LLC, a Virginia limited liability company, whose address is P. O. Box 459 (500 Shentel Way), Edinburg,
VA 22824 ("TENANT").
1. OWNER owns certain real property situate in Albemarle County as more particularly described on Exhibit A hereto
(the "Property").
2. Pursuant to that certain Site Agreement between OWNER and TENANT dated the _ day of , 2021
(the "Agreement"), OWNER leases to TENANT, and TENANT leases from OWNER, the Property on the terms set forth in the
Agreement, together with a right of ingress and egress to and from the public road.
3. The initial term of the Agreement is five (5) years, commencing on
unless sooner terminated pursuant to the terms of the Agreement.
years each.
and terminating on
There are nine (9) renewal options of five (5)
4. The Agreement does contain a "Right of First Refusal" option in favor of TENANT.
5. OWNER permits TENANT to act as OWNER's agent to apply for jurisdictional permitting as needed to accomplish
the objectives set forth in the Agreement.
6. This Memorandum is prepared for the purpose of recordation and it in no way modifies the provisions of the
Agreement. All provisions of the Agreement are incorporated in this Memorandum by this reference.
IN WITNESS WHEREOF, OWNER and TENANT have executed this Memorandum as of the day and year first above written.
OWNER: PATRICIA W. PATTERSON TENANT: SHENANDOAH MOBILE, LLC
0
By:
Patricia W. Patterson William L. Pirtle, Senior Vice President — Sales & Marketing
****************************
STATE OF
COUNTY/CITY OF , To -Wit:
The foregoing Memorandum of Site Agreement was acknowledged before me, a Notary Public in and for the jurisdiction aforesaid, on this
day of , 20_, by the of
. the "OWNER" herein.
My commission expires:
(SEAL)
COMMONWEALTH OF VIRGINIA AT LARGE, To -Wit:
Notary
The foregoing Memorandum of Site Agreement was acknowledged before me, a Notary Public in and for the Commonwealth of Virginia
At Large, in Shenandoah County, Virginia, on this day of , 2021, by William L. Pirtle, Senior Vice President— Sales &
Marketing, on behalf of Shenandoah Mobile, LLC, a Virginia limited liability company, "TENANT" herein.
My commission expires:
(SEAL)
OWNER Initials
TENANT Initials
Page 9 of 10
Notary Public
Site Name: Yancey Mill
SITE ADDRESS:
MUNICIPALITY:
STATE:
COUNTY:
EXHIBIT C
SITE ACCESS AND INFORMATION
TBD Patterson Mill Lane
Crozet
Virginia
Albemarle
38.0396140
OWNER/SITE MANAGER: Patricia Patterson
SITFIBULDING CONTACT:
SITE/BUILDING ENTRY PROCEDURES:
NORMAL HOURS:
AFTER NORMAL HOURS AND WEEKEND:
LONGITUDE:-78.7154610
PHONE NO. 434-823-4681
10[a)11:22[83
Site ID: 50064
NOTE: TENANT may, at its option, replace this Exhibit with a revised Exhibit once additional information to complete this Exhibit
becomes available.
Page 10 of 10