HomeMy WebLinkAboutARB201500022 Application 2015-02-09 "-,; 401,77,
Ile Albemarle Count-if Community Development Department
M,'^tire Road Charl ottesville.VA22902-4596
-Hil :(434)296-5832 Fax:(434)972-4126
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47........"7!‘„- Planning Application AWN. WO
PARCEL / OWNER INFORMATION
TMP 07700-00-010-011A0 Owner(s): ALBEMARLE-CHARLOTTESVILLE REGIONAL JAIL AUTHORITY
Application# ARB201500022
PROPERTY INFORMATION
Legal Description i ACREACE JOINT SECURITY COMPLEX .0
Magisterial Dist,I Scottsville L.j Land Use Primari Residential -- Group quarters (incl. fraternities,! tv
Current AFD i Not in A/F District ri Current Zoning Primary R1 Residential IC
APPLICATION INFORMATION
Street Address 160 PEREGORY LN CHARLOTTESVILLE, 22902 Entered By
_i Emily Lantz 7
APP Type Architectural Review Board
L.7i 12/9/2015
Project nTelos CV658 ACRD
Received Date 02/05/15 Received Date Final Submittal Date 02/23/15 Total Fees 225
Closing File Date
J Submittal Date Final Total Paid 225
Revision Number
Comments
Legal Ad
—1--
I
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1SUB APPLICATION(s)
Type Sub Applicatio Comment
1
Personal Wireless Facility 02/23/15
!
!APPLICANT / CONTACT INFORMATION
F----ContactT,.._
- Name Address IIEEEMIIIIEIIIII Phone PhoneCel I
-7-t,-2 riAPpittsnt ALBEMARLE-CH.A.RLOTTESVILLE 1600 AVON STREET EXTENDED CHARLOTTESV1LL 22902
.7--:.--. =r-t2=t JESSIE W'ILMER 1150 SHENANDOAH VILLAGE WAYNESBORO VA 22980 5402415060
Signature of Contractoror Authorized Agent Date
K li -DP 2-1911C
Architectural Review Board Application `
itt7,or,Part A: Applicant, Contact and Parcel Information
Project Name: NTELOS CV658 ACRJ
Tax map and parcel(s): 77-11A Physical Street Address: 160 Peregory Lane
Contact Person: Jessie Wilmer
Business Name: Virginia PCS Alliance, L.C., d/b/a NTELOS
Address 1150 Shenandoah Village Drive City Waynesboro State VA Zip 22980
Daytime Phone(540) 241-5060 Fax#(540) 941-4106 E-mail wilmerj @ntelos.com
Owner of Record: Albemarle-Charlottesville Regional Board Authority(Jeff Brill)
Address 160 Peregory Lane City Charlottesville State VA Zip 22901
Daytime Phone(434) 977-6984 Fax#( ) ext 249 E-mail brill @acrj.com
Part B:Review Type and Fee
Select review type
_ Review by the Architectural Review Board
Conceptual Plan/Advisory Review(for a Special Use Permit or a Rezoning) No Fee
IMIMM
Preliminary Review of a Site Development Plan No Fee
_ Final Review of a Site Development Plan $1000.00
✓ Amendment to an approved Certificate of Appropriateness $225.00
Building Permit Review $590.00
County-wide Certificate of Appropriateness
Structures 750'or more from the EC,no taller than 5 stories No Fee
_ Structures located behind a structure that fronts the EC No Fee
Personal wireless service facilities No Fee
Fencing or Equipment or Lighting No Fee
Additions to ARB-approved buildings No Fee
Minor amendments to site or architectural plans No Fee
Building permits where the change is 50%or less of the altered elevation No Fee
NOTE: For SIGNS, use the combined APPLICATION AND CHEKLIST FOR SIGNS.
FOR OFFICE USE ONLY BP# ARB#
A
Fee Amount$ Z 2 5-v a Date Paid 2/5 y By who? Receipt#iitheck# 67689 7 By GO
County of Albemarle Dept of Community Development,401 McIntire Rd,Charlottesville,VA 22902 Voice:(434)296-5832 Fax:(434)972-4126
11/2010 Page 1 of 2
OVER—>
Part C: Description of Proposal
Describe your proposal.Attach a separate sheet if necessary.
See Attached.
Part D: Applicant Agreement
Applicant must read and sign
• Each application package must contain(8)folded copies of all plans and documents being submitted. Only
(1)set of building material samples is required. All submittal items,including building material samples,
become the property of Albemarle County. Applicants are encouraged to maintain duplicate copies of all
submittal items in their own files.
• Only complete application packages will be scheduled for ARB review. The application package is not
complete without the appropriate checklist, completed, signed, and included with the required submittal
materials indicated on the checklist
I hereby certify that I own the subject property or have the legal power to act on behalf of the owner in filing this
application. *See submittal requirements below. I also certify that the information provided on this application
and accompanying information is accurate,true, and correct to the best of my knowledge, and that the attached
plans contain all information required by the appropriate checklist.
(it)� sc.L a l op-v, + a \ 3
Si ature of owner,owner's representative I.ZG .,Al r Date
or contract purchaser /�
deSS��w; \An. t - 5,�. ,Ct-�-2 Ac C' Tk (Gt.(u ) 2.y( -Sbu
Printed name,Title 1■31E0 Daytime phone number of Signatory
*Ownership Information:
• If ownership of the property is in the name of any type of legal entity or organization including, but not
limited to,the name of a corporation, partnership or association, or in the name of a trust, or in a fictitious
name,a document acceptable to the County must be submitted certifying that the person signing above has
the authority to do so.
• If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing
the owner's written consent to the application.
• If the applicant is the agent of the owner, a document acceptable to the County must be submitted that is
evidence of the existence and scope of the agency.Attach the owner's written consent.
11/2010 Page 2 of 2
OVER->
40 ;
. , .:?.:,,;, Architectural Review Board
j 4Amendment to a Site Development Plan
Submittal Requirements Checklist
Part A: Applicant Contact and Parcel Information
Project name: NTELOS CV658 ACRJ ARB#
Tax map and parcel#: 77-11A
Physical street address (if assigned): 160 Peregory Lane, Charlottesville, VA 22901
Location of property(landmarks, intersections, or other): SW intersection of 164 and Avon Street Ext.
Contact person: Jessie Wilmer
Business name: Virginia PCS Alliance, L.C., d/b/a NTELOS
Address: 1150 Shenandoah Village Drive City: Waynesboro State: VA Zip: 22980
Daytime phone: 540-241-5060 Fax: 540-941-4106 Email: wilmerj @ntelos.com
Part B: Revisions to a CofA /Amendment to a SDP Requirements Checklist
Important Note Submittal packages must contain (8)collated copies of all information unless otherwise
indicated.
A. Written description of the proposal
[a Provide a description of the revised/amended proposal. Identify all proposed changes from the
previously approved submittal.
12:1 Provide a revised materials list if any of the building materials or material color(s) have changed.
B. Site plan showing the following (drawn to the scale of 1"=20',clearly legible and folded):
64 Show all proposed changes to the previously approved plan including site layout, landscaping,
lighting, and all site features, with changed features clouded and clearly identified on the plan.
V Sheet number, total number of sheets, date of the drawing, date and description of the latest revision, and
contact information for the firm preparing the drawings in the title block on all drawings.
❑ Provide the original plan and existing conditions.
C. Appearance of the building(s)(architectural elevations, color perspective sketches,site sections):
W1 Dimensioned architectural elevations of the proposed building(s) showing all changes to the
previously approved building(s) design. Elevations must be drawn to a minimum scale of
1/16"=1'-0". A larger scale may be required. Include a building materials schedule and key on the
elevation drawings.
(z One set of all building materials/colors if changed from the previously approved submittal.
1
Revised 7/28/10
D. Additional material
1J The applicant is welcome to submit any additional material that will make the revision to a certificate
of appropriateness/amendment to a site development plan review more productive. Drawings or
other submittal items that clarify topography, visibility, utilities, landscaping, or other unique or
unusual conditions are welcome.
Part C: Applicant Agreement
Applicant must read and sign
• Each application package must contain (8) folded copies of all plans and documents being submitted.
Only(1) set of building material samples is required if the building materials have changed. All submittal
items, including building material samples, become the property of Albemarle County. Applicants are
encouraged to maintain duplicate copies of all submittal items in their own files.
• All information in this checklist is required, unless specifically waived by the ARB, prior to processing
a revision to a certificate of appropriateness / amendment to a site development plan review by the
ARB. Additional submittal materials may be required, depending on the proposal.
• Only complete application packages will be scheduled for ARB review. The application package is not
complete without this checklist, completed, signed, and included with the required submittal materials
indicated on the checklist.
In representing the above referenced firm submitting this application for review, I hereby state that the
information provided in this application, and all accompanying information, is accurate, true and correct to
the best of my knowledge, and that the attached plans contain all information required by this checklist.
C...\ -1-1---16?(Ai (\) 1
Sign Lure of person completing checklist Date
Jessie Wilmer- Sr. Site Acq. Specialist 540-241-5060
Printed Name/Title Daytime phone number of Signatory
County of Albemarle Department of Planning and Community Development
401 McIntire Road, Charlottesville,VA 22902-4596
(434)296-5832 Tel, (434) 972-4126 Fax
www.albemarle.orq
2
Revised 7/28/10
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February 3, 2015
County of Albemarle
Department of Community Development
401 McIntire Road
Charlottesville,VA 22902
RE: NTELOS Wireless Architectural Review Board Application—Personal Wireless
Service Facility
CV658 ACRJ
Dear Sir/Madam;
Virginia PCS Alliance, L.C. (`NTELOS')requests the consideration of Albemarle County for
Architectural Review Board—Amendment to a Site Development Plan for a personal wireless service
facility located on property owned by Albemarle Charlottesville Regional Board Authority., described as
tax parcel 77-11A, and zoned R1 Residential in the Scottsville District. The proposed wireless service
facility is located at the Albemarle Charlottesville Regional Jail at 160 Peregory Lane,Charlottesville.
NTELOS is in the process of enhancing its existing 3G voice and data network by replacing old network
equipment with 4G/LTE(Long Term Evolution)equipment that will provide improved call performance,
expanded coverage, faster downloads and stronger indoor signals. The current 3G voice and data network
utilizes the 1900 MHz spectrum only. Because of a unique partnership that NTELOS has with Sprint,
NTELOS is able to have diverse spectrum available for its use. The proposed NTELOS 4G/LTE
upgrades will use a tri-band system that will: 1)repurpose old Nextel spectrum(800 MHz spectrum)for
increased coverage and better in-building coverage,2)use Clearwire spectrum(2.5 GHz spectrum)for
increased data capacity and 3)continue to use the existing Sprint/NTELOS spectrum(1900 MHz
spectrum). By using this tri-band system,NTELOS and Sprint customers will have LTE enhancement,
improved call quality and diverse data capacity. In addition to upgrading our current network of sites,
NTELOS is also adding sites to increase capacity in saturated areas.
NTELOS is requesting the Architectural Review Board to review the attached application for an
Amendment to a Site Development Plan. Attached is a site plan of the showing the proposed new
facility. NTELOS is proposing a new rooftop installation located at the Albemarle Charlottesville
Regional Jail to enhance coverage along the I-64 and Avon Street Extended interchange. NTELOS is
proposing a 15'(1)x 15'(w)x 15'(h)stealth enclosure on the rooftop of the building to house the proposed
antennas. The stealth enclosure is designed to resemble an elevator shaft/penthouse and is made of
material that allows the RF signal to penetrate through the enclosure. Attached are photo simulations
depicting the stealth rooftop enclosure as well as a sample color and material that will match the building
exterior. The NTELOS base station equipment cabinets will be located on the ground level within a
proposed 12'x20' area on the ground. Attached are photos showing the proposed location of the
NTELOS ground equipment cabinets. The ground equipment cabinets will be located between two
buildings and will not be visible to the public.
,
N.4110- Nov
Due to the design of the stealth antenna enclosure and the distance of the enclosure from surrounding
residential properties and I-64,the proposed equipment by NTELOS are compatible with the existing
character of the building and will have minimal visual impact on the surrounding area from its current
scenario. This proposal will deliver a much improved customer communications experience and will
serve the public health and safety needs to the community by providing increased wireless voice
capabilities and improved high speed data services to this well traveled area of Albemarle County. I look
forward to receiving your comments regarding this proposal. Please feel free to contact me if you need
additional information.
Sincerely,
(.1)t-, ic)(A) 3L
Jessie Wilmer
NTELOS
Sr. Site Acquisition Specialist
(540)241-5060
wilmerj @ntelos.com
,
v
OPTION AND LEASE AGREEMENT
IS OPTION LAND LEASE AGREEMENT("Agreement")dated thereof("Extension Notice") in accordance with the provisions of
e'_[n pP 10_._,2014 is between ALBEMARLE- paragraph 13 before the expiration of the First Option Period and
CHARLOTTESVILLE REGIONAL JAIL AUTHORITY,a by paying to Owner, simultaneously with giving the Extension
political subdivision of the Commonwealth of Virginia("Owner") Notice to Owner,an extension fee of Five Hundred and No/100
and VIRGINIA PCS ALLIANCE,L.C.,a Virginia limited Dollars($500.00)("Extension Fee"). The First Option Period and
liability company,d/b/a NTELOS("Company"). the Second Option Period are collectively ly referred to herein as the
"Option Period". Company may exercise the Option at any time
In consideration of the Option Consideration, as hereinafter during the Option Period in accordance with paragraph 5.
defined, the mutual covenants and agreements set forth in this
Agreement,and other good and valuable consideration,the receipt 4. FEASIBILITY TESTS, ACCESS AND PERMITS
and sufficiency of which are hereby acknowledged, Owner and DURING OPTION PERIOD.
Company agree as follows:
A. Feasibility Tests; Access. During the Option Period,
1. GRANT OF OPTION.Owner hereby grants to Company,its Company and its agents, contractors and employees shall be
successors and assigns, the exclusive and irrevocable right and entitled to fire access,ingress and egress to and from the Owner's
option("Option")to lease the following: Property including,without limitation,the Site for the purposes of
O
check appropriate box(es): ng the Owner's Property and performing tests, studies,
assessments, examinations and surveys (collectively, "Feasibility
®Real property comprised of approximately 240 square Tests"), at Company's expense, to determine the suitability and
feet of land(12'x 20') feasibility of the Site for Company's intended use and
❑Building interior space comprised of approximately communications facilities. The Feasibility Tests
feet dY may include'
square without limitation,surveys, soils tests,environmental assessments,
®Building exterior space for attachment of antennas radio wave propagation measurements, and other activities related
❑Building exterior space for placement of equipment to the use and development of the Site.
❑Tower antenna space
O Space required for cable runs to connect equipment and B. Permits. Dining the Option Period, Company, at
antennas Company's expense, shall have the right to seek and obtain all
licenses,permits and approvals lududlmg, without limiation, laud
in the location(s)shown on Attachment"A"("Leased Property"), use permits and variances, required or deemed necessary by
together with non-exclusive easements across the real property and Company, in Cou>peays sole discretion, for Company's intended
improvements thereon owned by Owner as described on use of the Site and the installation and operation of Company's
Attachment"B" ("Owner's Property")for(i)unrestricted access, communiations facilities. Owner,at no expense to Owner and at
ingress and egress to and from the Leased Property seven(7)days a no additional expense to,or cdetation from Company,agrees to
week, twenty-four(24)hours a day and(ii)installation, location, cooperate with Company and take all actions and execute,notarize
operation and maintenance of utilities including,without limitation, and deliver to Company within five(5)business days of Owner's
telephone and electric utilities (collectively, "Easements"). The receipt thereof, all documents that Company determines are
Leased Property and Easements are collectively referred to herein reasonably necessary for Company to obtain such permits,
as the "Site". Owner and Company agree that the Site may be approvals, rezoning or change or variance in the land use
surveyed by a licensed surveyor and/or shown on construction classification.
drawings prepared by a licensed engineer, at Company's expense.
Such survey and/or construction drawings shall then replace 5. EXERCISE OF OPTION. At any time prior to the
Attachment "A" and become a part hereof and shall control the expiration of the Option Period,Company may exercise the Option
description of the Site if a discrepancy exists between the by giving Owner written notice("Exercise Notice")that Company
description contained in this paragraph 1 and the survey and/or desires to lease the Site. Any Exercise Notice given by Company
construction drawings. shall be in accordance with
paragraph 13. Upon the giving of the
Exercise Notice(the"Exercise Date"),(i)this Agreement shall be
2. OPTION CONSIDERATION. In consideration of the deemed for all purposes a legally enforceable lease between Owner,
Option, Com shall to Owner the sum of XINVINIIIMM. as lessor, and Company, as lessee, (ii) Owner hereby leases and
("Option Consideration") within demises the Leased Property to Company and grants the Easements
thirty(30)business days of this Agreement being executed by both to Company,and(iii)the Option Consideration and Extension Fee,
Owner and Company. if paid, shall be credited against the rent payable by Company
pursuant to paragraph& If Company does not exercise the Option
3. OPTION PERIOD. The term of the Option shall commence during the Option Period, this Agreement shall terminate, the
on December 1,2014, and shall terminate at 11:59 p.m. (eastern Option Consideration and Extension Fee,if paid,shall be retained
time) on November 30, 2015 ("First Option Period"); provided, by Owner,and Owner and Company shall have no further liability
however, that Company shall have the right to extend the First to one another under this Agreement.
Option Period to 11:59 p.m. (eastern time)on November 30,2016
(the "Second Option Period") by giving Owner written notice
1
Site ID&Name:CV 158.ACRD-Rep4xatat Six Owner Initials _^Z n�
T
Company Initials
6. MEMORANDUM OF OPTION. Simultaneously with the approvals required by any federal, state or local authority for
execution of this Agreement,Owner shall duly execute and deliver Company's(its sublessees'and/or licensees')use of the Site and/or
a Memorandum of Option in the form of Attachment "C" for operation of the communications facilities (collectively,
recording in the official records of the city or county in which the "Approvals")and(ii)paying for all utilities consumed by Company
Site is located. Company shall pay the cost of recording the (its sublessees and/or licensees) at the Site. Owner agrees to
Memorandum of Option. cooperate with Company (its sublessees and/or licensees) in
obtaining and/or maintaining, at no expense to Owner and at no
7. LEASE TERM. The initial lease term shall be for five(5) additional expense to, or consideration from Company (its
years beginning on the Exercise Date. sublessees and/or licensees), such Approvals and utility services
and easements required for Company's (its sublessees' and/or
8. RENT shall be paid annually in advance beginning on licensees') proposed use of the Site and/or operation of the
the Exercise Date and on each anniversary thereof. If Company has communications facilities, including, without limitation, the
not commenced the installation of Company's communications execution and notarization of; and delivery to Company or the
facilities on the Site as of the Exercise Date,the annual rent shall applicable utility company within five(5)business days of Owner's
from the Exercise Date until receipt thereof,all documents required for such Approvals, utility
the first day of the month following the commencement of services and easements.
installation of Company's communications faciliti on the Site.
The annual rent shall be, a 12. PERSONAL PROPERTY. The communications facilities,
IIMIIIIIIIIIIINI partial years prorated,(i)as of the Exercise equipment, improvements, fixtures, and personal property of
Date,if Company has commenced the installation of Company's Company(its sublessees and/or licensees)on the Site shall be and
communications facilities on the Site as of the Exercise Date,or(ii) remain the personal property of Company (its sublessees and/or
as of the first day of the month following the commencement of the licensees)even though some or all of it may be physically attached
installation of Company's communications facilities on the Site,if to the land. Company shall remove all personal property of
Company commences the installation of Company's Company (its sublessees and/or licensees) from the Site upon
communications facilities on the Site after the Exercise Date. expiration or termination of this Agreement,and the Site shall be
Within thirty(30)days of the date that Company commences restored to its original condition, reasonable wear and tear
installation of Company's communications facilities on the Site, excepted. Notwithstanding the foregoing, Company shall be
Company shall notify Owner,in writing,of the date Company required to remove any building or tower foundation, concrete
commenced such installation and shall pay any increased pro rata pads, or underground cables or wires upon the expiration or
rental amount. Beginning on the first anniversary of the Exercise termination of this Agreement unless Owner agrees removal is not
Date,the rent for each and every year going forward,shall be the required.
annual rent in effect for the previous year of the term or extension
period,as applicable,increased by two percent(2%). 13. NOTICES. Any notice, request or demand requited or
permitted to be given pursuant to this Agreement shall be in writing
9. EXTENSION OF LEASE TERM. Company shall have the and shall be deemed sufficiently given if delivered by messenger at
right to extend the lease term for four(4)additional,successive five the address of the intended recipient, sent prepai d by Federal
(5)year extension periods upon the terms and conditions set forth Express(or a comparable guaranteed overnight delivery service),or
in this Agreement except that the provisions relating to the Option deposited in the United States first class mail (registered or
shall not be applicable to any extension periods. The lease term certified,postage prepaid,with return receipt requested),addressed
shall be automatically extended for the next successive extension to the intended recipient at the address set forth on Attachment
period unless Company notifies Owner in writing of Company's "D" or at such other address as the intended recipient may have
intention not to extend prior to the commencement of the next, specified by written notice to the sender in accordance with the
successive extension period. requirements of this paragraph. Any such notice, request or
demand so given shall be deemed given on the day it is delivered
10. USE. Throughout the lease term, as may be extended,the by messenger at the specified address,or on the day of deposit with
Site may be used by Company(its sublessees and/or licensees)for Federal Express(or a comparable overnight delivery service)or in
(i) installing, removing, replacing, maintaining and operating the United States Mail,as the case may be. Notices may be given
communications facilities including, without limitation, personal by an agent on behalf of Owner or Company. Either Owner or
communications service, cellular, paging, radio, cable and other Company may change its or add addresses for purposes of this
communications facilities, which may include, without limitation, paragraph by giving thirty(30)days prior notice in accordance with
antenna arrays, dishes, cables, wires, equipment shelters and this paragraph.
buildings,electronics equipment,generators,fuel tanks,accessories
and,if the Site includes real property,communications towers and 14. ASSIGNMENT; SUBLEASE; LICENSE. Company shall
(ii) such other uses as permitted by law. Further, throughout the have the right to (i) assign and/or transfer all of this Agreement,
lease term, as may be extended, Company (its sublessees and/or including, without limitation, the easements and other rights
licensees)shall have the right to conduct Feasibility Tests on the granted herein, and/or (ii) sublease, license and/or transfer all or
Site and Owner's Property to determine the suitability of the Site any portion of the Site,including,without limitation,the easements
for Company's(its sublessees'and/or licensees')intended uses and granted herein, its communications facilities and/or any
communications facilities. improvements on the Site, without notice to or consent of Owner
and without having to pay any additional or further consideration to
11. APPROVALS AND UTILITIES. Throughout the lease Owner.
term,as may be extended,Company,at Company's expense, shall
be responsible for (i) obtaining all licenses, permits and other
2
Site ID&Name:CV Iss.ACRD.Replacement Site Owner Initials
Company Initials
'sire
15. TERMINATION AFTER COMMENCEMENT OF extended, Owner shall not cause or permit any use of Owner's
LEASE TERM. Company may terminate this Agreement at any Property or Site which interferes with or impairs the operation of
time after the commencement of the lease term without further the communications facilities or quality of the communication
liability if Company determines, in Company's sole and absolute services being rendered by Company (its sublessees and/or
discretion,that(i)all Approvals and/or any easements required for licensees)from the Site,nor shall Owner have unsupervised access
Company's intended use or to operate the communications to the Site. Throughout the Option Period,Owner shall not cause
facilities cannot be obtained, (ii) any Approval or easement is or permit any use of Owner's Property or the Site which would
cancelled,withdrawn or terminated or expires or lapses,(iii)Owner interfere with or impair Company's proposed �' intended use of the
P Y
does not have legal and sufficient ownership of the Site or authority Site or proposed operation of communications facilities on the Site.
to enter into this Agreement,(iv)the Owner's Property contains or
is suspected to contain a Hazardous Substance, as defined in B. Owner represents and warrants that Owner has full
paragraph 17,(v)the status of title to the Site is unacceptable,(vi) authority to enter into and sign this Agreement and that Owner
Company is unable to obtain a nondisturbance agreement pursuant owns the Site.
to paragraphl 9.H., (vii) based on the results of any Feasibility
Tests,whether conducted prior to or after the commencement of the C. This Agreement contains all agreements, promises, and
lease term, as may be extended, the Site is not suitable for understandings between the Owner and Company and may be
Company's communications facilities or intended use, (viii) signed in counterparts,which shall constitute one(1)and the same
Company no longer desires to operate its communications facilities document. All Attachments are incorporated by reference.
on the Site for technological reasons,or(ix)the Site is no longer
suitable for the Company's purposes. Upon termination,all prepaid D. The terms and conditions of this Agreement shall extend
rent shall be retained by Owner. Owner can terminate the to and bind the heirs, personal representatives, successors and
Agreement with one(1)year advance written notice to Company if assigns of Owner and Company.
Owner's Property will cease to be used in its current manner as a
regional jail. E. INTENTIONALLY DELETED
16. INTENTIONALLY DELETED F. Except as expressly limited herein,Owner and Company
shall each have such remedies for the default of the other party as
17. HAZARDOUS SUBSTANCES. Owner represents and provided at law or in equity following written notice of such
warrants that(i)no portion of the Site constitutes protected wetland default and the failure to cure such default within thirty(30)days
or any similar environmentally critical area, (ii) no Hazardous of the giving of such notice;provided,however,the non-defaulting
Substances are located in,upon or under the Owner's Property and party may not pursue such remedies if the defaulting party
(iii) no petroleum products are now or (to the best of Owner's commences to cure the default within such thirty (30) days and
knowledge) have in the past been stored (whether in tanks or continuously proceeds with due diligence to fully cure the default
otherwise)on or under the Owner's Property. For purposes of this Additionally, if Owner is in default under this Agreement,
provision, "Hazardous Substances" include any substance Company shall have the right,but not the obligation,to cure such
identified as hazardous, toxic, or dangerous in any applicable default and offset the costs of curing such default against any rent
federal, state, or local law or regulation. Owner represents and payable by Company under this Agreement
covenants to Company that Owner will not cause, and Company
represents and covenants to Owner that Company will not cause, G. Owner, at no expense to Owner and at no additional
contamination of the Owner's Property by any Hazardous expense to or consideration from Company, agrees to execute,
Substances. Each party to this Agreement agrees to indemnify and notarize and deliver within five(5)business days of the Exercise
hold harmless the other from any damage,claim,loss,cost,liability Date to Company for recording a Memorandum of Lease in the
or expense(including without limitation, cost of cleanup or fines, form of Attachment"E"for recording in the official records of the
reasonable attorneys fees,and court or administrative proceedings) city or county in which the Site is located. Company shall the
n►P Y pay
incurred by the other on account of contamination of the Owner's cost of such recording.
Property by any Hazardous Substance caused by the indemnifying
party. Further, Owner agrees to indemnify and hold harmless H. If a deed of trust,mortgage or other encumbrance affects
Company from any damage, claim, loss,cost, liability or expense Owner's Property, Owner, at no expense to Owner and at no
(including,without limitation,cost of cleanup or fines,reasonable additional expense to or consideration from Company, agrees to
attorneys fees and court or administrative proceedings)incurred by cooperate with Company in obtaining a nondisturbance agreement
Company on account of any misrepresentation or breach of any providing that Company's possession, use and enjoyment of the
warranty made by Owner. The indemnity obligations under this Site and its rights under this Agreement shall not be disturbed if
paragraph shall survive the expiration or termination of the Option Company is not in default under this Agreement after the expiration
Period, as may be extended, the lease term, as may be extended, of all applicable cure periods. Owner agrees to execute, notarize
and this Agreement and deliver to Company within thirty(30)business days of receipt
18. INTENTIONALLY DELETED. thereof any such nondisturbance agreement
I. Company shall pay all personal property taxes on its
19. MISCELLANEOUS. communications facilities, and Owner shall pay all real property
taxes assessed against the Owner's Property including, without
A. Throughout the lease term, as may be extended, limitation,the Site.
Company,upon paying the rent,shall peaceably and quietly have,
hold and enjoy the Site. Throughout the lease term, as may be J. INTENTIONALLY DELETED.
3 a:
Site ID&Name:CV 158.ACR]-Replacement Site Owner Initials
Company Initials
22. ACCESS. Owner must be notified in advance by
K. Owner represents and warrants that, throughout the contacting the Maintenance Department at(434)977-6981,ext 231
Option Period and the lease term,as may be extended,the Owner's and Owner's business and/or tenants are not to be unreasonably
Property, including, without limitation, the Site and all inferred with/or disturbed by Company. Owner must supervise
improvements thereon shall be in compliance with all laws, codes Company while on Owner's Property or the Site.
and regulations of all federal, state and local governmental or
quasi-governmental authorities (collectively, "Governmental
Laws"). Subject to Owner's compliance with the terms of this IN WITNESS WHEREOF, the parties have executed this
paragraph 19.K. Company agrees that any improvements Agreement
constructed on the Site by Company and the operation of
Company's communications facilities on the Site shall be in OWNER
compliance with all Governmental Laws. Albemarle-Charlottesville Regional Jail Authority
L. Owner waives any lien rights it may have concerning By: 7,7046 ---
Company's equipment and facilities at the Site which are deemed Name:
Company's personal property and not fixtures. Further, Owner Title:
agrees that the Company's equipment and facilities at the Site shall S.S./Tax No.: 41QLL__
V re
be exempt from any execution,sale,levy,attachment or distress by Address: 1600 Avon Street Extended
Owner for any rent or other amounts due or to become due to Charlottesvill V' is 22902
Owner and that the Company's equipment and facilities at the Site Date: f, / p
may be removed at any time.
M. This Agreement shall be interpreted according to the laws COMPANY:
of the state in which the Site is located. Virginia PCS Alliance,L.C.
N. This Agreement is not considered a binding offer or t�
agreement until signed by Company. By: e
Name: R.L.McAvoy
O. All references in this Agreement to "days" shall mean Title: Executive Vice President
calendar days, and all references in this Agreement to "business Address: 1150 Shenandoah Village Drive
days"shall mean weekdays on which national banks are open for Waynesboro V' nia 22980
business. Date: 1 zlJio �1
4
Site ID a Naze:CV IS.ACRJ-Replant Site Owner Initials
Cowpony Initials
NNW' ,■s
ATTACHMENT "A"
SITE DESCRIPTION
Site is situated in the County of Albemarle,Commonwealth of Virginia,and is a certain portion of the parent tract of
property more particularly described on Attachment"B". The Site is shown or described as follows:
Approximately 240 square feet
Approximately 12' x 20' lease area
See Attached
5
Sitc ID.Q Name:CV 156.ACRD-Repiacment Site Owner f"ifiats
Company Initials
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ATTACHMENT "B"
DESCRIPTION OF OWNER'S PROPERTY
The Owner's Property is located at 160 Peregory Lane,County of Albemarle,Commonwealth of
Virginia,and is further identified in the tax records of the County of Albemarle,Virginia as Parcel ID:
07700-00-00-011A0,such real property being described in a deed recorded in the records of the County
of Albemarle,Virginia in Deed Book 1531,page 668 as follows:
All that certain tract of land,with improvements thereon and appurtenances thereto,situated in the
Scottsville Magisterial District of Albemarle County,Virginia on the west site of State Route 742,
containing 8.251 acres,more or less,and designated as Parcel 11A on Albemarle County Real Estate Tax
Map 77;BEING in all respects the same property conveyed to Grantors as tenants in common by deed
dated July 13, 1992,of record in the Albemarle County Circuit Court Clerk's Office in Deed Book 1260,
page 695.
6
Site ID&Name:CV158.ACRD-Replacement Site Owner Initials
Company Initials
ATTACHMENT "C"
THIS INSTRUMENT PREPARED BY:
NAME
ADDRESS Virginia PCS Alliance,L.C.
1150 Shenandoah Village Drive
Waynesboro,Virginia 22980
TAX MAP NO.:07700-00-00-011A0
MEMORANDUM OF OPTION
THIS MEMORANDUM evidences that an option was made and entered into by written
Option and Lease Agreement dated , 20_, between
("Owner"P'Grantor") and VIRGINIA PCS
ALLIANCE, L.C., a Virginia limited liability company, d/b/a NTELOS
("Company"/"Grantee"), executed by Grantor and Grantee as of , 20 , (the
"Execution Date"),the terms and conditions of which are incorporated herein by reference.
Such Option and Lease Agreement provides in part that Owner granted to Company an
option to lease a certain site located at , County/City of , Commonwealth
of Virginia,which is described in Attachment"A"attached hereto,within the property of Owner,
which is described in Attachment"B"attached hereto.
The term of the option is for a period of beginning on and terminating
on (the "First Option Period"). Company has the right to extend the term of the
First Option Period to
The Option and Lease Agreement sets forth the option price. This Memorandum of
Option is prepared for the purpose of recordation and shall not alter or affect in any way the
rights and obligations of Owner and Company under the Option and Lease Agreement.
7
Site ID&Name:CV 15E.ACRD-Replacement Site Owner Initials
C5`
Company Initials
IN WITNESS WHEREOF, the parties have executed this Memorandum of Option or
caused it to be executed by their duly authorized representatives as of the day and year set forth
below.
OWNER/GRANTOR:
(Owner's Name)
By: DO NOT EXECUTE-EXHIBIT ONLY
(Signature)
Name:
Title:
Date:
Address:
CJ See Attachment"SN"for Continuation of Grantor Signatures
NOTARIZATION OF OWNER/GRANTOR'S SIGNATURE
OF
Commonwealth of Virginia
The foregoing instrument was acknowledged before me this day of ,20_by:
❑ (Individual)
❑ , as of , a
corporation,on behalf of the corporation. (Corporation)
❑ general partner on behalf of' , a
partnership.(Partnership)
❑ , as ❑ member ❑ manager on behalf of
, a
limited liability company(Limited Liability Company)
❑ , as trustee on behalf of , a
(Trust)
Notary Public
(SEAL) My commission expires:
8
Site ID&Name:CV ISS.ACRD-Replacement Site Owner Initials
Company Initials
COMPANY/GRANTEE:
VIRGINIA PCS ALLIANCE,L.C.
By: NOT FOR EXECUTION
Name: R.L.McAvoy
Title: Executive Vice President
Date:
Address: 1150 Shenandoah Village Drive
Waynesboro,Virginia 22980
NOTARIZATION OF COMPANY/GRANTEE'S SIGNATURE
OF
Commonwealth of Virginia
The foregoing instrument was acknowledged before me this day of , 20_by R.
L. McAvoy, as Executive Vice President of VIRGINIA PCS ALLIANCE, L.C., a Virginia
limited liability company.
Notary Public
(SEAL) My commission expires:
9
Site ID&Nam CV t58.ACR)-Replacement Site Owner��
Company Initials
ATTACHMENT "D"
ADDRESSES FOR NOTICE PURPOSES
OWNER: Albemarle-Charlottesville Regional Jail Authority
Attn: Business Manager
1600 Avon Street Extended
Charlottesville,Virginia 22902
COMPANY: Virginia PCS Alliance, L.C., a Virginia limited liability
company,d/b/a NTELOS
1150 Shenandoah Village Drive
Waynesboro,VA 22980
Attn: Senior Lease Administrator
Telephone: (540)941-4220,x 3072
Facsimile: (540)941-4106
WITH A COPY TO: NTELOS
Attn:General Counsel,Legal Department
1154 Shenandoah Village Drive
Waynesboro,VA 22980
Telephone: (540)946-3500
i0
Site ID&Name:CV 158.ncw-xephoemeu Site Owner Initials CgX''/tr'
Company Initials
ATTACHMENT"E"
THIS INSTRUMENT PREPARED BY:
NAME
ADDRESS Virginia PCS Alliance,L.C.
1150 Shenandoah Village Drive
Waynesboro,Virginia 22980
TAX MAP NO.:07700-00-00-011A0
THE RECORDATION TAX ON THIS INSTRUMENT IS$75.00 PURSUANT TO SECTION 58.1-807.F.OF THE CODE OF
VIRGINIA(1950),AS AMENDED,AS IT IS A LEASE OF A COMMUNICATIONS TOWER SITE.
MEMORANDUM OF LEASE AGREEMENT
THIS MEMORANDUM evidences that a lease was made and entered into by written
Option and Lease Agreement dated between ("Owner"/"Grantor") and
VIRGINIA PCS ALLIANCE. L.C., a Virginia limited liability company, d/b/a NTELOS
("Company"/"Grantee"), executed by Grantor and Grantee as of , 20_, (the
"Execution Date"),the terms and conditions of which are incorporated herein by reference.
Such Option and Lease Agreement provides in part that Grantor leases to Grantee a
certain site located at , County/City of , Commonwealth of Virginia, together
with nonexclusive easements for rights of access thereto and
electric and telephone utilities,which site is described in Attachment"A" attached hereto,within
the property of Owner, which is described in Attachment "B" attached hereto (the "Owner's
Property"). The lease provides for an initial term of five (5) years commencing on
(the "Exercise Date"), which term is subject to four (4) additional, successive
five (5) year extension periods by Grantee. The lease restricts the unleased portion of Owner's
Property from being used for the provision of wireless communications or communications
towers.
11
Site ID&Name:CV 1S8.ACRD-Replaceiaart Site payer Initing
Company Initials
IN WITNESS WHEREOF,the parties have executed this Memorandum or caused it to be
executed by their duly authorized representatives as of the day and year set forth below
OWNER/GRANTOR:
(Owner's Name)
By: DO NO EXECUTE-EXHIBIT ONLY
Name:
Title:
Date:
Address:
❑ See Attachment"SN" for Continuation of Grantor Signatures
NOTARIZATION OF GRANTOR'S SIGNATURE
OF
Commonwealth of Virginia
The foregoing instrument was acknowledged before me this day of ,20_by:
❑ (Individual)
❑ , as of , a
corporation,on behalf of the corporation.(Corporation)
❑ general partner on behalf of , a
partnership.(Partnership)
❑ , as ❑ member ❑ manager on behalf of , a
limited liability company(Limited Liability Company)
❑ ,as trustee on behalf of ,a (Trust)
Notary Public
(SEAL) My commission expires:
12
Site ID&Name:CV OS.ACRD-Replacement Site Owner
Company Initials
Nfte
COMPANY/GRANTEE:
VIRGINIA PCS ALLIANCE,L.C.
By: NOT FOR EXECUTION
Name: it L. McAvoy
Title: Executive Vice President
Date:
Address: 1150 Shenandoah Village Drive
Waynesboro,Virginia 22980
NOTARIZATION OF COMPANY'S SIGNATURE
OF
Commonwealth of Virginia
The foregoing instrument was acknowledged before me this day of , 20_ by It L.
McAvoy, as Executive Vice President of VIRGINIA PCS ALLIANCE, L.C., a Virginia limited liability
company.
Notary Public
(SEAL) My commission expires:
13
Site ID&Name:CV 158.ACRJ-Replacement Site Owner Initials
Company Initials