304 VA Street BZA Info

BlacksBurg a special place

November 4,2011

Lindsay Coleman (property owner) 612 McConkey Street Blacksburg, Virginia 24060

Attachment A

Certified Mail/First Class Mail

Mitchell Murray, Daniel Hughes, Sam Hays, Mark Wilkinson (tenants) 304 Virginia Street Blacksburg, Virginia 24060

DEPARTMENTOF PLANNING ""D B\llLDING

RE: ZV#11-039 - Notice of Zoning Ordinance violation at 304 Virginia Street, Blacksburg Virginia.

Dear Mr. Coleman and Tenants (Mitchell Murray, Daniel Hughes, Sam Hays, Mark Wilkinson):

This letter Is to Inform you that the residence at 304 Virginia Street (tax map number 226-A209), located in the R·4 Low Density Residential Zoning District, is in violation of the Town of Blacksburg Zoning Ordinance Section 3042, which limits occupancy.

Section 3042 (e): The maximum dwelling unit occupancy shall be a family plus two persons unrelated to the family; or no more than three unrelated persons.

Background On the morning of November 3, 2011, lisa Browning, Zoning Inspector and J spoke with Mr. Hays who resides at 304 Virginia Street. He was asked how many unrelated individuals live at the residence and responded that four (4) unrelated individuals live at 304 Virginia Street and provided the names olthe tenants.

Correction of Violation To correct this violation, occupancy must be reduced to no more than three unrelated individuals or a family plus two unrelated to the family, after Saturday, November 19, 2011 at 304 Virginia Avenue. To insure that the occupancy of the dwelling has been reduced to the allowable number of tenants, you are asked to provide this office with a signed letter containing the following information:

• A copy of the lease agreement(s) for all tenants with the owner and all sub-lease agreements

• Agreement to allow Town inspection of the property on, or within the week of Monday, November 21,2011 to verify compliance with Zoning Ordinance §3042 (e)

A I

3eo SOUTH MAIN STREET • POST OFf[CE BOX 90003 • BLACKSBURG, VIRGINIA ~ 14062-90,H • lV1.!,~ .. d;/acbb1.frg.g"\J • ;~Otl! 5401961-1126

Right of Appeal You have the right to appeal this notice of violation. A letter of appeal stating the grounds thereof must be filed with the Zoning Administrator within 30 days. If a letter of appeal is not filed, this decision shall be final and unappealable. If a second and final notice of violation Is given, the thirty-day appeal period is not extended. The thirty-day appeal period begins when the first notice of violation is provided. [Zoning Ordinance § 1210(dll

Civil Penalties Continued violation after Saturday, November 19, 2011 may result in civil penalties for the property owner and residents in the amount of $200.00 for the first violation and a civil penalty not to exceed $500.00 for each additional violation thereafter arising from the same set of operative facts. Each day during which a violation is found to exist shall be a separate offense. However, the same scheduled violation ariSing from the same operative set offacts may be charged not more than once in a ten (10) day period, and the total civil penalties from a series of such violations arising from the same set of operative facts shall not exceed $ 5,000.00 [Zoning Ordinance § 1213.] The Town may also pursue other available remedies.

If you have questions please feel free to contact me in the Planning and Building Department. You may reach me by telephone at (540) 961-1184 or bye-mail [email protected] , or in person at the Blacksburg Motor Company building at 400 South Main Street, Blacksburg Virginia, Thank you for your immediate attention to this matter.

Sincerely,

44--tf(;!r:~ Warren, CZA, A1CP Zoning Administrator Planning and Building Department

Cc: lisa Browning, Zoning Inspector Anne McClung, Director, Planning and Building Department Lawrence Spencer, Town Attorney

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Attachment B

B J

304 Virginia Street Zoning Map

Attachment C

NEYHART, ROBERTSON & MCCONNELL

TRACY NEYHART

JOHN J. ROBERTSON G. BRADLEY M CCONNEll ANNE PARK BRINCKMAN

A PROfESSIONAL CORPORATION

ATTORNEYS AND COUNSELORS AT LAW

210 Om STREET P.O. Box 196

BLACKSBURG, VIRGINIA 24063-0 196 Voice: (540) 552- 1811 "" fox: (5401552-7344

November I I, 20 II

Mr. Andrew WatTen, Zoning Administrator Blacksburg Planning and Building Depl. P.O. Box 90003 Blacksburg, VA 24062

R e: 304 Virginia St.ILinnay Coleman

Dear Mr. Watren,

DOUGLAS E. BRINCKM.AN,

OF COUNSEL

[represent Lindsay Coleman, the owner orthe property located at 304 Vi rginia Street in Blacksburg. [alll in receipt of your letter dated November 4 in which you asseti that my client's tenants at that residence are in violation of the town' s zoning ordinance. I respectfully disagree with your conclusion and request that this letter serve as my client's notice of appeal.

Mr. Coleman's use of the property is "grandfatherecl in" under the zon ing ordinance. The zonin g ordinance has been if effect since May) I, 1999. My client has owned the property at issue sincc 1985. For the entire time that he has owned the property, it has been used as a rental unit. It has been continuously leased to at least four residents at a time during tllis pedod.

If the town unilaterally restricts the malUler in which a propet1y can be used, then it has taken some value from the property. Doing so without compensating the owner oftlte properly is in violation of both the United States and Virginia Constitutions. The town has Cet1ainly never compensated Mr. Coleman for the amounts that he would lose by renting to only three individuals.

The tOWIl cannot legally restrict my client from using the propeliy in a manner that was completely legal when he obtained it without compensating him for his loss of income. Presumably no effort is forthcoming to do. Based on those facts, it is my opinion that the zoning ordinance is inapplicable as long as Mr. Coleman owns the propeliy.

Please don' t hesitate to cOll tact me should you wish to discnss the matter.

Sincerely,

7~ G. Bradley McCOImell

Cc: Lindsay Coleman

Residents, 304 Virg inia St., Blacksburg

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For Office Use: . " ' . , BZA Case #: II ~OOO'i

Date: ,.,) "...v I \ I 2. 0 \ L-! 'I II I'

Town of Blacksburg, Virginia . Appeal of a Decision by the Zoning Administrator

This appli tiOn and accompanying Items must be submitted In full before the case may be referred to the Board of Zoning Ap eals for consideration . PI .. ase cont~ct the Planning and Building Dop<lrtmon! at (540) 961-1126 for more information

Name of P operty Owner(s): _-=..:..;.;~~,---=6=.c1&::c""'-'--".::.::j-,-____________ _

Address:..---f:7:::":-;:-G_I_1-_--"-..t.:::;;;=::::.:..:.~-_7:4-:-'-'-, _' __ .::::.L=:....:.G:=~-';=:.:2J.-..::'2-=-4:..:rx-=-~-"-· -:------;-street arty state zip code

Home Pho e: ____________ Work Phone: 'i?'2- 'i"2.1.; 'L

Fax # (If ap licable): __________ E-mail Address (if applicable): _________ _

Contract P rchaser or Agent:_-"(}'-"--"&"'-'~"'-'o/7-_.LI1-4-~:..:c.,"""''''''''=''-(I-/'''IO-:::;;;-=s~~U.! _________ _

Address: ~lo 0 ~ (J.O , f$o Ie, f)/ .. Jr,b_~"" Zip code

Home Pho e. ___________ Work Phone: C£''2- )4"1/ flreel city slate

Fax # (if ap licable): dJ"'f2- 734'-1 E-mail Addre.ss (if applicable): Y7U-~vfvu/l~bb~/.I'f('}. co v"7 -

Location 0 Address of Property in Question: )0 1 ~ iJ.")I!~" 1 sf. . i5k().J./v,)

Tax Parcel umber(sl: ___ _______ _

APPEAL 0" INTI:RPRETATION TO SECnON(S) _)~O_'-t,-L-,=·=--_____ of the Blacksbury Zoning Ordinance.

What interp elation did the Administrator make of which you are aggrieved?

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Provide the ationale for why you disagree with the InterpretaUon.

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THE FOL OWING ITEMS MUST A,CCOMPANYTHIS APPL.lCATlON:

1. One (1 copy of the sacHon of the zoning map indicating the parcel(s) which Would be affected by the decision of the Bo rd of Zoning Appeals.

2. One (1 copy of supporting documentation.

3. One (1 copy of Ihe interpretation.

4. A viol" map (may be combined with U18 other map required).

5. A Iisl o~ aJacent property owners including properties across the street and their addresses. and the cost forfir.;t class stage for notifying each adjacent property owner. As of January 2009, cos! per notifiCliition is $0.42 but til amount is subject to change.

E\ A foo 0t" $100 to be applied to tq~~~.~''pf Ildvel~islng ;lnd expense incidental to %\(i&l~t,1g, publishing, and " ','P" " prooes ing this application. PIEla!lia'iliake your check or money order payable to the Town of Blacksburg.

7. Any ile submitted that is in excess of 11" x 17' paper size (color or blw) requires thirty-six (36) copies.

Please sig here after you ha~e mall ilnll completed this applicatiOn. If you have IIny otller questions please contact th Town Planning and Building Department at (540) 961-1126.

Signature f Owner Date >

Signature f Applicant Date

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BlacksBurg a special place

II t 111111 I , . .

November 4, 2011 Certified Mall/First Class Mail

Lindsay Coleman (property owner) 612 McConkey Street Blacksburg, Virginia 24060

Mitchell Murray, Daniel Hughes, Sam Hays, Mark Wilkinson (tenants) 304 Virginia Street Blacksburg, Virginia 24060

DEPARn.~ENT OF

PLA.NNING AND BUILDING

RE: ZV#11-039 - Notice of Zoning Ordinance violation at 304 Virginia Street, Blacksburg Virginia .

Dear Mr. Coleman and Tenants (Mitchell Murray, Daniel Hughes, Sam Hays, Mark Wilkinson):

This letter is to inform you that the residence at 304 Virginia Street (tax map number 226-A209), located in the R-4 Low Density Residential Zoning District, Is in violation of the Town of Blacksburg Zoning Ordinance Section 3042, which limits occupancy.

Section 3042 (e): The maximum dwelling unit occupancy shall be a family plus two persons unrelated to the family; or no more than three unrelated persons.

Background On the morning of November 3, 2011, Lisa Browning, Zoning Inspector and I spoke with Mr. Hays who resides at 304 Virginia Street. He was asked how many unrelated individuals live at the residence and responded that four (4) unrela ted individuals live at 304 Virgin ia Street and provided the names ofthe tenants.

Correction of Violation To correct this violation, occupancy must be reduced to no more than three unrelated individuals or a family plus two unrelated to the family, after Saturday, November 19, 2011 at 304 Virginia Avenue. To insure that the occupancy of the dwelling has been reduced to the allowable number of tenants, you are asked to provide this office with a signed letter containing the following Information:

• A copy of the lease agreement(s) for all tenants with the owner and all sub-lease agreements

• Agreement to allow Town Inspection of t he property on, or within the week of Monday, November 21,2011 to verify compliance with Zoning Ordinance §3042 (e)

300 SOUTH MA IN STREET • POST O FFICE BOX 90GO } • BLACKSBURG, VIRGINIA • H06 Z-9003 • wW UJ.blac ksbu rg.gov • phone $40/961. 1126

,

Right of Appeal You have the right to appeal this notice of violation. A letter of appeal stating the grounds thereof must be filed with the Zoning Administrator within 30 days. If a letter of appeal is not filed, this decision shall be final and unappealable. If a second and final notice of violation is given, the thirty-day appeal period is not extended. The thirty-day appeal period begins when the first notice of violation is provided. [Zoning Ordinance § 1210(dll

Civil Penalties Continued violation after Saturday, November 19, 2011 may result In civil penalties for the property owner and residents In the amount of $200.00 for the first violation and a civil penalty not to exceed $500.00 for each additional violation thereafter arising from the same set of operative facts. Each day during which a violation Is found to exist shall be a separate offense. However, the same scheduled violation arising from the same operative set of facts may be charged not more than once In a ten (10) day period, and the total civil penalties from a series of such violations arising from the same set of operative facts shall not exceed $ 5,000.00 [Zoning Ordinance § 1213.) The Town may also pursue other available remedies.

If you have questions please feel free to contact me in the Planning and BUilding Department. You may reach me by telephone at (540) 961-1184 or bye-mail [email protected] , or in person at the Blacksburg Motor Company building at 400 South Main Street, Blacksburg Virginia. Thank you for your immediate attention to this matter.

Sincerely,

44---~~ Warren, CZA, AICP Zoning Administrator Planning and Building Department

Cc: Lisa Browning, Zoning Inspector Anne McClung, Director, Planning and Building Department Lawrence Spencer, Town Attorney

Pa e2 of 2

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I I I I I III

111 I'

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List of Adjacent Property Owners

I. Robinson Family Company LLC, 310 Giles Rd.

2. Nastech Inc., no street address listed (land-locked lot)

3. Nastecb Inc., McDonald st. (no street address listed on tax maps)

4. Olah H. Perdue Life Estate, 216 McDonald st.

5. Richard Wall, 214 McDonald St.

6. Kranowski Living Trust, 816 Montgomery SI.

7. John A. Kable, 712 Montgomery St.

8. Bany F. Johnson, 710 Montgomery St.

9. BaITyF. Johnson, 708 Montgomery St.

10. Ethan T. Bloomfield, 706 Montgomery St.

11. Lany T. Michie, 704 Montgomery St.

12. Dutch West LLC, 702 Montgomery St.

13. Lindsay Coleman, 304 Giles Rd. (postage not included)

14. Lindsay Coleman, 301 Giles Rd. (postage not included)

15. Michael Etzler, 305 Giles Road

· '/ .

Mitchell: 804-690-8945 Zach: 571-641-0600, Sam: 804-814-5994, Daniel: ~04;-787~3722, Mark: 484-905-1315

Rental Lease Agreement I It't 111'j

Ii

THIS AGREEMENT, made this 24th day of November, 2010, by and between LINDSAY COLEMAN, party of the first part, hereinafter called the Lessor, and

MITCHELL MURRAY, ZACH GULSBY, SAM HAYS, DANIEL HUGHES, MARK WILKINSON

parties of the second part, hereinafter called the Lessee:

WlTNESSETH, that the said Lessor, for and in consideration of the sum of * * * EIGHTEEN THOUSAND DOLLARS * * * *($ 18,000.00 ** ) rent, and also the coveuants, conditions, and agreements herein cOlltained, and on the part of the Lessee to be paid, kept, and performed, and for no other consideration except as herein expressed, does hereby let and rent to the said Lessee and the said Lessee has hereby taken as tenants of the Lessor, the followiug described premises:

HOUSE: 304 Virginia Street; Blacksburg VA 24060

for the term ONE YEAR to commence on the 1ST day of AUGUST, 2011, and to end on the 30th day of JULY, 2012, at the said rent of ~ * * ** * * EIGHTEEN THOUSAND DOLLARS ~ * * *($ 18,000.00 ** ), payable without demand at:

612 McConkey Street; Blacksburg, VA 24060

in monthly installments of * *Fifteen hundred dollars * *($ 1,500.00)* * ,. iu advauce, on the 1st day of each and every month dllring the said term, begiIllliug for the first of said payments on the 1st day of August, 2011.

LATE FEE: In the event that Lessor does not receive from Tenant any installllleut of Rent by the fifth of the month for which such installment is due, a late fee of (Ten Percent) 10% shall be due as Additional Rent.

RETURN CHECK FEE: Tenant further agrees to pay Lessor a handling charge of $25.00 for each check returned by the bank for any reason. Lessor has the right to require that all payments be made by money order, cashier's check aud/or certified check.

LESSEE AGREES: To pay Lessor the said rent as aforesaid for the full term hereof; not to assign this lease or any portion of the term, or sublet the premises or any part thereof, without the written consent of the Lessor; not to use or suffer to be used said premises for any disorderly or unlawful purpose, or for any other purpose than Lessee's domiciliary. Not to suffer or commit any waste to, in, or upon the said building, fixtures, and premises; at Lessee's own expense dllfing the said term, to keep said leased premises, including the buildiug, fixtures , plumbing and appurtenances thereof in subsumtial condition and in good repair, clean, and in good working order and proper sanitary condition, all of which premises are now in such condition and repair, and to remove snow and ice from the sidewalks thereof, and Lessor shall not be liable therefore or for any work or materials furnished said premises, and Lessee has no authority to incur any debt or make any charge against the Lessor or to create auy lien upon the said leased property for any work or materials furnished the same. Lessee agrees to keep porches, decks and yards free of junk and to keep porches, decks and yards free of old furniture, fixtures, appliances, cars and car parts, hanging laulldry, amI/or other objects which may be unsightly. Lessee or visitors should not, under any circnlllstances, be on the roof of the house or apartment building.

LESSEE FURTHER AGREES: To pay all charges for gas, electricity, and water used ou said premises when the bills therefore become due and payable; not to make any alterations or changes in said premises, without written consent, or increase the rate of fire insurance upon the building and improvements upon said premises beyond an ordinary risk; and at the end of this tenancy, to surrender the said leased premises in such substantial condition and good repair, good working order, etc., as aforesaid, and clean, ordinary wear and tear and loss by fire and storm excepted.

IT IS FURTHER AGREED: That payment of rent shall cease if the said premises shall be destroyed by fire, or be so damaged by fire or any unavoidable casualty as to make said premises uninhabitable, and either party may forthwith terminate this lease by written notice to that effect.

That if the rent aforesaid, or any installment thereof, shall not be paid within 5 days after the same becomes due and payable as aforesaid, although no demand shall have been made for the same, or if the Lessee shall fail or neglect to keep and perform each and every of the covenant~, conditions, and agreements herein contained and on the part of the said Lessee to be kept and performed, or if the same or any of them shall be broken, then and in each and every such case from thenceforth and at all times thereafter, at the option of the Lessor, the Lessee's right of possession shall thereupon end and determine, and the Lessor shall be entitled to the possession of said leased premises, and to re-enter the same without demand of rent or demand of possession of the said premises, and may forthwith proceed to recover possession of the said leased premises by process of law, any notice to quit or of intention to exercise said option, or to r-enter the same being hereby expressly waived by the Lessee.

That in the event of such re-entry by process of law, or otherwise, Lessee nevertheless agrees to remain answerable for any and all damages, deficiency or loss of rent which the Lessor may sustain by such re-entry and the Lessor reserves full power, which is hereby acceded to by the Lessee, to re-let the said premises for the benefit of the Lessee.

LESSEE HEREBY FURTHER AGREES: That the Lessee will deposit with the Lessor on or before conunencement of the tenancy the sum of * * $1,500.00 * * to be held by the Lessor as a Security Deposit, and which, at the termination of the tenancy, for whatever cause, Lessor may retain and apply as required, as full or partial payment for any damage to the demised premises other than such as may be caused by ordinary wear and tear, damage by fire or other casualties not occurring through the negligence of the Lessee, his/her family, agents or employees, or for the past due unpaid rent; the portion of said Security Deposit not so retained and applied shall be refunded to the Lessee within thirty days after Lessee has quit possession of tbe premises. In the event that this tenancy shall be terminated by the Lessee, all or part of the Secnrity Deposit aforesaid may be retained by the Lessor as damages for the loss of rent resulting from sllch premature termination and withont prejudice to the Lessor's rights regarding any other further obligations of the Lessee; the portion of said Security Deposit not so retained and applied shall be refunded to the Lessee within thirty days after Lessee has quit possession of the premises.

That all personal property in said premises shall be and remain at the sole risk of the Lessee, and Lessor shall not be liable for any damage to, or loss of such property alising from any acts of negligence of any other persons or from any other cause whatsoever, nor shall Lessor be liable for any injury to the Lessee or other persons in or about the premises arising from any cause whatsoever.

LIABILITY OF LANDLORD: Landlord shall not be liable for any injury or damage to persons or property either caused by or resulting from falling plaster, dampness, overflow, or leakage upon or into the Property of water, rain, snow, ice, sewage, steam, gas, or electricity or by any breakage in or malfunction of pipes, plumbing fixtares, air conditioners or appliances or leakage. breakage or obstruction of soil pipes. nor for any injury or damage from any other cause, unless any such injury or damage shall be the result of the deliberate or negligent act of Landlord and Tenant shall give prompt notice to Landlord of any of the foregoing occurrences,

TESTIMONY WHEREOF, the said parties have hereunto signed their n~me~ a~ir seals the day and year first hereinbefore written.

~//P1-: _ !~~. D i~JiJY/I\ MITCHELL MURRAY S.S# DATE

ZAC~B~~-~...w<' £.1), ~--SAM HAYS -'F-

S.S#

S.S#

I / ~ "Ill \ ~

DATE

/O~~L ~_kL4/1' ~G~_HEf_7_;j /' _." _ d" //__ S.S# DATE W~[J/tL- c::~ ~_:!I ~)lf! {/ MARK WILKINSON S.S# DATE

La/DWC! Wu5J181\J ca// LINDSAY COLEMAN DATE

ADDENDUM:

For maintanance you are to call Lindsay Coleman at 320-4555. In the event of an emergency and you cannot reach me, you may call Mr. K.H. Noonkester direct at 552-5048. Lessee agrees not to place or store indoor furniture, upholstered furniture or other unsightly material on the porch or in the yard. Also: fixtures, building matetials, junk, car parts or old cars, boats/trailers may not be stored on the porch or in the yard. Also: any signs, flags, mascots, neon, or other types of signage which the landlord deems unsightly.

* Single payment by cash or one check for the full rent amount each month!!! *

~ 1 II I II II II I 11 II

Rental Lease Agreement

THIS AGREEMENT, made this 17th day of December, 2008, by and betweeu LINDSAY COLEMAN, party of the fust part, hereinafter called the Lessor, and

RANDY COSBY, DANIEL NEAL, MA IT WEISMlJLLER, CHAD BOWMAN, MIKE ANDERSON

parties of the second part, hereinafter called the Lessee:

WITNESSETH, that the said Lessor, for and in cousideration of the sum of * * * SIXTEEN THOUSAND AND EIGHT HUNDRED DOLLARS * * * *($ 16,fiOO.OO ** ) rent, and also the covenants, conditions, alld agreements herein colltained, and on the part of the Lessee to be paid, kept, and perfonned. and for no other consideration except as herein expressed, does hereby let and rent to the said Lessee and the said Lessee has hereby taken as tenallts of the Lessor, the following described premises:

HOUSE: 304 Virginia Street; Blacksburg VA 24060

for the tenn ONE YEAR to conunellce 011 tile 1ST day of AUGUST, 2010, and to end on the 30th day of JULY, lOU, at the said rent of '" * '" ** * * SIXTEEN THOUSAND AND EIGHT HUNDRED DOLLARS * '" '" *($ 16,800.00 ** ), payable witllOut demand at:

612 McConkey Street; Blacksburg, VA 24{)(j(I

ill mOllthly installments of * *fourteen hundred dollars'" *($ 1400.00)* * * ill advauce, 011 the 1st day of each and every month during the said term, beginning for th~ first of said payments on the 1st day of AugllSt, 2010.

LATE FEE: In the event that Lessor does not receive from Tellant any installment of Rent by the flfih of the month for which such installment is due, a laro fee of (Ten Percent) 10% shall be due as Additional Renl

RETURN CHECK FEE: Teuant fUltJler agrees to pay Lessor a handliug charge of $25.01) for each check returned by the bank for any reason. Lessor has the right to require that all payments be made by money order, cashier's check and/or certified check.

LEssEE AGREES: To pay Lessor the said reut as aforesaid for the full term hereof; not to assign this lease 0\'

any portion of the term., or suhlet the premises or any part thereof, \Vi!hout!he written consent of th.e lessor; not to usc or suffer to be used said premises for any disorderly or unlawful purpose, or for any other purpose than Lessee's domiciliary. Not to suffer or commit any waste to, in, or lIpon the said bUilding, fixtures, and premises; at Lessee's own expense during the said term, to keep said leased premises, including the building, fixtures, plumbing and appurtenances thereof in substantial condition and in good repair, clean, and in good working order and proper sanitary condition, all of which premises are now in snch condition and repair, and to remove snow and ice from the sidewalks thereof, and Lessor shall not be liable therefore or for any work or materials furnished said premises, and Lessce has no authority to incur any debt or make allY charge against the Lessor or to create any Iiell upon the said leased property for allY work or materials furnished the same. Lessee agrees to keep porches, deckB and yards free of junk and to keep porches, decks and yards free of old furniture, fixtl.lfcs, appliances, cars and car parts, hanging laundry, and/or other objects whlclt may be unsightly. Lessee Of visitors should not, under auy circumstances, be ou the roof of the house ot' apartmeut bUildiug.

Q i'11"

LF.sSEE FURTHER AGREES: To pay all charges for gas, electricity, and water lI8I?.d on said premises when the bills therefore become due and payable; not to make any alterations or changes in said premises, without written consent, or increase the rate of fire insurance upon tbe building and improvementq upon said premises beyond an ordinary risk; and at the end of this tenancy, to surrender the said leased premises in such substantial condition and good repair. good working order, etc., as aforesaid, and clean, ordinary wear and tear and loss by fire and stonn excepted.

IT IS FURTHER AGREED: That payment of rent shall cease if the said premises shall be destroyed by fire, or be so damaged by fire or any unavoidable casualty as to make said premises uninhabitable. and either party may forthwith terminate this lease by written notice to that effect

That if tile rent aforesaid, or any installment thereof, shaH not be paid within S days after the same becomes due and payable as aforesaid, although no demand shall have been made for the same, or if the Lessee shalt fail or neglect to keep and perform each and every of the covenants, conditions, and agreements herein contained and on the part of the said Lessee to he kept and performed. or if the same or any of them shall be tlroken, then and in eacb and every such case ftom thenoofQrth and at all times thereafter, at tile option of the Lessor, the Lessee's right of possession shall thereupon end and determine. and the Lessor shall be entitled to the possession of said l!;lased premises, and to ~ntef the same without demand of fellt or demand of possession of the said premises, and !Uay forthwith proceed to recovef possession of the said leased premises by proeess of law. any lIotice to quit or of intention to exercise said option, Of to r-enter lile same being hereby expressly waived by the Lessee.

That in the !;lvent of such re-entry by process of law. or otherwise, Lessee nevertheless agrees to remain answerable fOr any and all damages, deficiency Of loss of rent which the Lessor may sustain by snch re-entry and the l£ssor reserves full power, wWch ill hl)reby aeceded to by the Lessee, to re-Iet the said premises for the benefit of the Lessee.

LF.sSEE HEREBY FURTHER AGREES: That the Lessee will deposit with the Lessor on or before commencement of the tenancy the sum of * '" $1400.00 >10 * to be held by the Lessor as a Security Deposit, and which, at tile termination oflhe tenancy, for whatever cause, Lessor may retain and apply as required, as full or partial payment for any damage to the demised premises other than such as may be eaused by ordinary wear and tear, damage by fire or other casualties not occurring tbtough the negligence of tile Lessee, his/her family, agents Of employees, or for the past due unpaid rent; the portion of said Security Deposit not so retained and applied sball be refunded to the Lessoo within thirty days after Lessee bas quit possession of the premises. [n the event tllat this tenancy shall be terminated by the Le,~see, all or part of the Security Deposit aforesaid may be retained by the Lessor as damages for til!:! loss of rent resulting from such premature termination and without prejudice to the Lessor's rights regarding any other further obIigatlOils of tile Lessee; the portion of said Security Deposit not so retained lind applied shall be refunded to the Lessee withln thirty days after Lessee has quit possession of IIle premises.

That all personal property in said premises shall be and remain at the sole risk of tbe Lessee, and Lessor shall not be liable for allY damage to, or loss of such property arising from any acts of negligence of any other persons or froln any other cause whatsoever, nor shall Lessor be liable for allY injury to the Lessee Of Oilier persons in or about the premises arising from any cause whatsoever.

LIABILITY OF LANDLORD: Landlord shall not be liable for any injury or damage to persons or property either caused by or resulting from falling plaster, dampness, overflow, or leakage upon or into the Property of water, rain, BIlow, ice, sewage, steam, gas, or electricity or by any breakage in or malfunction of pipes, plumbing fixtures, air conditioners or appliances or leakage, breakage or obstruction of soil pipes, nor for any injury or damage from any other cause, unless auy such injury or damage shall be the reslllt of the deliberate or

negligent act of Landlord and Tenant shall give prompt notice to Landlord of any of the foregoing occurrences, however caused.

Tbat no waiver of one breach of any covenant or agreement herein contained shall be construed to be a waiver or the covenant or agreement itself, or of the subsequent breach thereof.

That the Lessor or its agents shall and may, with prior permission from Lessee and at all reasonable hours, enter in and upon said premises for the purpose of malting repairs to protect the property from damage and for all ot/ler proper purposes; that in the event Lessee is absent from said premises for any extended period of time, Lessor or its agents sbaJl and may, without proper permission from Lessee and at all reasonable hours, enter in !lnd upon said premises fOf the purpose of making repairs to protect the property from damage and for all other proper purposes. Landlord and their duly designated representatives may enter the Property in order to (1) inspect the Property, (2) make necessary or agreed repairs, decorations, alterations, or improvements, (3) supply necessary or agreed services, (4) exhibit the Property to prospective or actual plIl'Chasers, mortgagees, lessees, workmen or contractors, and (5) place "for sale" signs on the Property and, after notice of term1nation of this Lease by Landlord or Tenant, plaee "for rent" signs on the Property.

LEASE RENEWAL: Tenants will notify Lessor In writing of intent to renew Lease for another period on or before Febrnary 1, 2011. The Lessee agrees w tbe following:

a) Responsibility for mowing the yard and removal of snow and ice and for providing their own lawnmower. b) No Subletting permittEd. c) Only occupants listed on the lease may reside in the dwelling. d) Cars may be parked only on the driveway surface, not on the grass. e) Responsibility of the tenants to furnish heat during periods of vacations, and breaks, such as Christmas,

Thanksgiving aud Spring Break. t) NO PETS permiUM g) A late charge ofTen Percent (10%) will be incurred if rent has not been received by the Sth of each. month. b) SlogJe WUDlcnt bJ cash or ~ne~ for tI14l fWlnQt amoIffltem;h month!!! i) $25.00 returned check cbarge. j) Lessee agrees not to place or store indoor furniture. upholstered furniture or other unsightly material OIl the

porch or in the yard. Also, fixtures, building materials, junk., car parts or old cars, boats/trailers may not be stored on the porch or in the yard. ALso, any signs, flags, maJ;L'Ots, oeOIl, or other types of signage which the landlord deems unsigbtly.

And tbe LeS&-e!l expressly coveuants and agrees to pay said rent as aforesaid, and also keep and perfonn each and every of the covenants, conditions, and agreements herein contained.

IT IS MUTU ALLY AGREE)) that this lesse shall bind the executors, administrators, and assigns of the respective parties hereto, and that no waiver of any breach of any covenant, condition or agreement herein shall operate as a waiver of the covenants, conditioll, or agreement itself, or any subsequent breach thereof.

Whenever used berein, the singular shall include the plural, alld plural the singular, and the lise of any gender shall be applicable to all genders.

TESTIMONY WHEREOF, the said parties have hereunto signed their names and affixed their seals the day and year first hereinbefore written.

r <=--~--____ """J "'16:;""",,"

8.S# DAtE

.~_.~ ___ ?~ .112Lff10 S.S# DATE

L=. ~='----' \/;)""((0

8.8# DATE

--'-=-" '-..c.J.J/ ",.4-- - __ - __

CHADBOW; N philO

ATE

L- _ , .~ _~~,., --------S.S# ,

~ lL.It(h--~. MIKE AND~''''--'--

U~/to DATE S.S#

Ud./D.'Y97" eJousneY LlNDSA Y COLEMAN

U&J ZZ; ZO/O .. DATB

ADDENDUM:

For mainwnance you are to call Lindsay OJlernanllt 3204555. In the event of lin emergency and }'QII cannot reach me, you may call Mr. KH. Noonkesler direct at 552.-5048. Lessee agrees not to place or store indoor furniture, upholstered furniture or otlter nom ghtly material on the porch or in the yard. Also: fixtures, building materials, junk, car parts Or old cars, boats/trailers may not be stored on the porch or in the yard. Also: any signs, flags, mascots, neon, or other types of signage which the landlord deems unsightly.

* Sin. payment by cash or one cl!eck for the fun rent ImID'lint each montb!!! *

Joe Mikhail 703·855·4528

Rental Lease Agreement

TIllS AGREEMENT, made this 22nd day of January, 2007, by and between LINDSAY COLEMAN, party of the first part, hereinafter called the Lessor, and '.

CLARK SAUNDERS, JOSEPH MIKHAIL, TREVOR LANTZY, KEVIN ELMORE, MICHAEL ABRAMS

parties of the second part, hereinafter called the Lessee: , I' III

WITNESSETH, that the said Lessor, for and in consideration of the sum of * * * FIFTEEN THOUSAND AND SIX HUNDRED DOLLARS * * * *($ 15,600.00 ** ) rent, and also the covenants, conditions, and agreements herein contained, and on the par1 of the Lessee to be paid, kept, and performed, and for no other consideration except as herein expressed, does hereby let and rent to the said Lessee and the said Lessee has hereby takell as tenants of the Lessor, the following described premises:

HOUSE: 304 Virginia Street; Blacksburg VA 24060

for the term TWELVE MONTHS to commence on the 1ST day of AUGUST, 2007, and to end on the 30th day of JULY, 2008, at the said rent of * * * *FIFTEEN THOUSAND AND SIX HUNDRED DOLLARS * * * ($ 15,600.00 ** ), payable without demalld at:

612 McConkey Street; Blacksburg, VA 24060

ill mOllthly installments of * *thirtceJl hundred dollars * *($ 1,300.00) * * * in advallce, on the 1st day of each and every month durillg the said term, beginning for the first of said payments on the 1st day of August, 2007.

LATE FEE: In the event that Lessor does not receive from Tenant any installment of Rent by the fifth of the month for which such installment is due, a late fee of (Ten Percent) 10% shall be due as Additional Rent.

RETURN CHECK FEE: Tenant fUl1her agrees to pay Lessor a handling charge of $25.00 for each check returned by the ballk for any reason. Lessor has the right to require that all payments be made by money order, cashier's check and/or cer1ified check.

LESSEE AGREES: To pay Lessor the said rent as aforesaid for the full term hereof; not to assign this lease or any portion of the term, or sublet the premises or any part thereof, without the written consent of the Lessor; not to use or suffer to be used sa id premises for any disorderly or unlawfnl pnrpose, or for allY other purpose than Lessee 's domiciliary. Not to suffer or commit any waste to, in, or upon the sa id building, fixtures, and premises; at Lessee's own expense during the said term, to keep said leased premises, including the building, fixtures, plumbing and applll1enances thereof in substantial condition and in good repai r, clean, and in good working order and proper sanitary condition, all of which premises are now in such condition and repair, alld to remove snow and ice from the sidewalks thereof, and Lessor shall not be liable therefore or for any work or materials furnished said premises, and Lessee has 110 authority to incur any debt or make any charge against the Lessor or to create any lien upon the said leased property for any work or materials furnished the same. Lessee agrees to keep porches, decks and yards free of junk and to keep porches, decks and yards free of old furniture, fixtures, appliances, cars and car parts, hangillg laundry, andlor other objects which may be unsightly. Lessee or vi sitors should not, under any circumstances, be on the roof of the house or apartment buildillg.

LESSEE FURTHER AGREES: To pay all charges for gas , electricity, and water used 011 said premises when the bills therefore become due and payable; not to make any alterations or challges in said premises, without written consent, or increase the rate of fire insurance upon the building alld improvements upon said premises beyond all ordinary risk; and at the end of this tenancy, to surrender the sa id leased premi ses in such substalltial condition and good repair, good working order, etc., as aforesaid, and clean, ordinary wear and tear and loss by fire and storm excepted.

e. 'bY.j.

IT IS FURTHER AGREED: That payment of rent shall cease if the said premises shall be destroyed by fire, or be so damaged by fire or any unavoidable casualty as to make said premises uninhabitable, and either party may forthwith terminate this lease by written notice to that effect

That if the rent aforesaid, or allY installment thereof, shall not be paid within 5 days after the same becomes due and payable as aforesaid, although no demand shall have been made for the same, or if the Lessee shall fail or neglect to keep and perform each and every of the covenants, conditions, and agreements herein contained and on the part of the said Lessee to be kept and performed, or if the same or any of them shall be broken, then and in each and every such case from thencefOith and at all times thereafter, at the option of the Lessor, the Lessee's right of possession shall thereupon end and determine, and the Lessor shaH be entitled to the possession of said lessed premises, and to re-enter the same without demand of rent or demand of possession of the said premises, and may forthwith proceed to recover possession of the said leased premises by process of law, any notice to quit or of intention to exercise said option, or to r-enter the same being hereby expressly waived by the Lessee.

That in the event of such re-entry by process of law, or otherwise, Lessee nevertheless agrees to remain answerable for any and all damages, deficiency or loss of rent which the Lessor may sustain by such re-entry and the Lessor reserves full power, which is hereby acceded to by the Lessee, to re-Iet the said premises for the benefit of the Lessee.

LESSEE HEREBY FURTHER AGREES: That the Lessee will deposit with the Lessor on or before commencement of the tenancy the sum of * * $1,300.00 * ,. to be held by the Lessor as a Security Deposit, and which, at the termination of the tenancy, for whatever cause, Lessor may retain and apply as required, as full or partial payment for any damage to the demised premises other than such as may be cansed by ordinary wear and tear, damage by fire or other casualties not OCCUlTing through the negligence of tile Lessee, his/her family, agents or employees, or for the past dne unpaid rent; the portion of said Security Deposit not so retained and applied shall be refunded to the Lessee within thirty days after Lessee has quit possession of the premises. In the event that this tenancy shall be terminated by the Lessee, all or part of the Security Deposit aforesaid may be retained by the Lessor as damages for the loss of rent resulting from such premature termination and withont prejudice to the Lessor's rights regarding any other further obligations of the Lessee; the portion of said Security Deposit not so retained and applied shall be refunded to the Lessee within thirty days after Lessee has qnit possession of the premises.

That all personal property ill said premises shall be and remain at the sole risk of the Lessee, and Lessor shall not be liable for any damage to, or loss of such property arising from any acts of negligence of any other persons or from any other cause whatsoever, nor shall Lessor be liable for any injury to the Lessee or other persons in or about the premises arising from any cause whatsoever.

LIABILITY OF LANDLORD: Landlord shall not be liable for any injnry or damage to persons or property either cansed by or resnlting from falling plaster, dampness, overflow, or leakage npon or into the Property of water, rain, snow, ice, sewage, steam, gas, or electricity or by any breakage in or malfunction of pipes, plumbing fixtures, air conditioners or appliances or leakage, breakage or obstruction of soil pipes, nor for any injury or damage from any otber cause, unless any such injury or damage shall be the result of the deliberate or negligent act of Landlord and Tenant shall give prompt notice to Landlord of any of the foregoing occnrrences, however caused.

That no waiver of one breach of any covenant or agreement herein contained shall be construed to be a waiver or the covenant or agreement itself, or of the subsequent breach thereof.

That the Lessor or its agents shall and may, with prior permission from Lessee and at all reasonable hours, enter in and upon said premises for the purpose of making repairs to protect the property from damage and for all other proper purposes; that in the event Lessee is absent from said premises for any extended period of time, Lessor or its agents shall and may, withont proper permission from Lessee and at all reasonable hours, enter in and upon said premises for tile purpose of making repairs to protect the property from damage and for all other proper purposes. Landlord and their duly designated representatives may enter the Property in order to (1) inspect the Property, (2) make necessary or agreed repairs, decorations, alterations, or improvements, (3) snpply necessary or agreed services, (4) exhibit the Property to prospective or actual pnrchasers, mortgagees, lessees, workmen or contractors, and (5) place "for sale" signs on the Property and, after notice of termination of this Lease by Landlord or Tenant, place "for rent" signs on the Property.

LEASE RENEWAL: Tenants will notify Lessor in writing of intent to renew Lease for another period on or before February 1, 2008.

The Lessee agrees to the following:

a) Responsibility for mowing the yard and removal of snow and ice and for providing their own lawnmower. b) No Subletting pelmitted. c) Only occupants listed on the lease may reside in tile dwelling. d) Cars may be parked only 011 the driveway surface, not on the grass. e) Responsibility of the tenants to fnrnish heat during periods of vaca~' , d breaks, such as Christmas,

!hanksgiving and Spr~ Break. L<2, ilr f) !ioU PETS pennitten - (j) We!. P~ml'flJf!:D .

g) A late charge of Ten Percent (10%) wIll be lOcun'ed If the rent has not been receIved by tile 5th of each month.

h) Single payment by cash or one check fol' the full rent amount each month!!! i) $25.00 returned check charge. j) Lessee agrees not to place or store indoor furniture, upholstered furniture or other unsightly material on the

porch or in the yard. Also, fixtures, building materials, junk, car parts or old cars, boats/trailers may not be stored on the porch or in the yard. Also, any signs, flags, mascots, neon, or other types of signage which the landlord deems unsightly.

And the Lessee expressly covenants and agrees to pay said rent as aforesaid, and also keep and pelfornl each and every of the covenants, conditions, and agreements herein contained.

IT IS MUTUALLY AGREED that this lease shall bind the executors, administrators, and assigns of the respective parties hereto, and that no waiver of any breach of any covenant, condition or agreement herein shall operate as a wai ver of the covenants, condition, or agreement itself, or any subsequent breach thereof.

Whenever used herein, the singular shall include the plural, and plural the singular, and the use of any gender shall be applicable to all genders.

TF.3TlMONY WHEREOF, the said parties have herennto signed their names and affixed their seals the day and year first hereinbefore written.

/HJA/ CgfifJ/"-- z - ---~ _~Dl ~KSAU"N_::,lR~/? S.S# DATE

J.&! ~ Ji,., zr o"(

~a/i H r.. HAIL ~=~ S.S# DATE,

/1JZ5"" "! )y It) 7 VfE~ A ~y :§.S#"-~-~~ '6A~/ M~r;tl'w- . 1/30 /07 ~ E.LMORE . ~ S.S# DATE

~~c.-~ "' !bat? tMrCHAELABRAMS S.S# DATE

L/A)O{)~ (}p~4./ LINDSAY C LEMAN

SJk/ 31 200/ DATE I

ADDENDJJM: For maintanance you are to call Lindsay Coleman at 320-4555. In the event of an emergency and you canllot reach me, you may call Mr. K.H. Noonkester direct at 552·5048. Lessee agrees not to place or store indoor furniture, upholstered furniture or other unsightly material on the porch or in the yard. Also: fixtures, building materials, junk, car parts or old cars, boats/trailers may 1I0t be stored on the porch or in the yard. Also: any signs, flags, mascots, neon, or other types of signage which the landlord deems unsightly.

e, .xVII!

Edwin Moreno 703-608-1328

Rental Lease Agreement

THIS AGREEMENT, made this 22nd day of February, 2006, by and between LINDSAY COLEMAN, party of the first part, hereinafter called the Lessor, and

EDWIN MORENO, JOSEPH MIKHAIL, TREVOR LANTZY, KEVIN ELMORE, MICHAEL ABRAMS

palties of the second patt, herei nafter called the Lessee:

WITNESSETH, that the said Lessor, for and in consideration of the sum of * * * FIFTEEN THOUSAND AND SIX HUNDRED DOLLARS * * * *($ 15,600.00 ** ) rent, and also the covenants, conditions, and . agreements herein contained, and on the part of the Lessee to be paid, kept, and pelfollned, and for no other consideration except.as herein expressed, does hereby let and rent to the said Lessee and the said Lessee has hereby taken as tenants of ihe Lessor, the following described premises:

HOUSE: 304 Virginia Street; Blacksburg VA 24060

for the term TWELVE MONTHS to commence on the 1ST day of AUGUST, 2006, and to end on the 30th day of JULY, 2007, at the said rent of * * * *FIFTEEN THOUSAND AND SIX HUNDRED DOLLARS * * * ($ 15,600.00 "* ), payable without demand at:

612 McConkey Street; Blacksburg, V A 24060

in monthly installments of * *thirteen hundred dollars * *($ 1,300.00) * * * in advance, on the 1st day of each and every month during the said term, begiuning for the first of said payments on the 1st day of August,· 2006.

LATE FEE: In the event that Lessor does not receive from Tenant any installment of Rent by the fifth of the month forwhich such installment is due, a late fee of (Ten Percent) 10% shall be due as Additional Rent

RETURN CHECK FEE: Tenant further agrees to pay Lessor a handling charge of $25.00 for each check returned by the bank for any reason. Lessor has the right to require that all payments be made by money order, cashier's check and/or certified check.

LESSEE AGREES: To pay Lessor the said rent as aforesaid for the full term hereof; not to assign this lease or any portion of the term, or sublet the premises or any part thereof, without the written consent of the Lessor; not to use or suffer to be used said premises for any disorderly or unlawful purpose, or for any other purpose than Lessee's domiciliary. Not to suffer or commit any waste to, in, or upon the said building, fixtures, and premises; at Lessee's own expense during the said term, to keep said leased premises, including the building, fixtures, plumbiilg and appmtenances thereof in substantial condition and in good repair, clean, and in good working order· and proper san itary condition, all of which premises are now in such condition and repair, and to remove snow and ice from the sidewalks thereof, and Lessor shall not be liable therefore or for any work or materials furnished said premises, aud Lessee has no authority to incur any debt or make any charge against the Lessor or to create any lien ·· upon the said leased property for any work or materials furnished the same. Lessee agrees to keep porches, decks · and yards free of junk and to keep porches, decks and yards free of old fumiture, fixtures, appliances, cars and car parts, hanging laundry, and/or other objects which may be unsightly. Lessee or visitors should not, under any circumstances, be on the roof of the house or apartment bUilding.

LESSEE FURTHER AGREES: To pay all charges for gas, electricity, and water used 011 said premises when the bills therefore become due and payable; not to make any alterations or changes in said premises, without written consent, or increase the rate of fire insurance upon the building and improvements upon said premises beyond an ordin3lY risk; and at the end of this tenancy , to surrender the said leased premises in such substantial condition and good repair, good working order, etc., as aforesaid, and clean, ordinary wear and tear and loss by fire and storm excepted.

IT IS FURTHER AGREED: That payment of rent shall ~ease if the said premises shall be destroyed by fire, or

be so damaged by fire or any unavoidable casualty as to make said premises uninhabitable, and either party may forthwith terminate this lease by wlitten notice to that effect.

That if the rent aforesaid, or any installment thereof, shall not be paid within 5 days after the same becomes due and payable as aforesaid, although no demand shall have been made for the same, or if the Lessee shall fail or . neglect to keep and perform each and every of the covenants, conditions, and agreements herein contained and on the part of the said Lessee to be kept and performed, or if the same or any of them shall be broken, then and in each and every such case from thenceforth and at all times thereafter, at the option of the Lessor, the Lessee's right· of possession shall thereupon end and determine, and the Lessor shall be entitled to the possession of said leased premises, and to re-enter the same withont demand of rent or demand of possession of the said premises, and may forthwith proceed to recover possession of the said leased premises by process of law, any notice to quit or of intention to exercise said option, or to r-enter the same being hereby expressly waived by the Lessee.

That in the event of such re-entry by process of law, or otherwise, Lessee nevertheless agrees to remain answerable for any and all damages, deficiency or loss of rent which the Lessor may sustain by such fe-entry and the Lessor . reserves full power, which is hereby acceded to by tlte Lessee, to re-Iet the said premises for the benefit of the Lessee,

LESSEE HEREBY FURTHER AGREES: That the Lessee will deposit with the Lessor on or before commencement of the tenancy the sum of * * $1,300.00 * * to be held by the Lessor as a Security Deposit, and which, at the tennillation of the tenancy, for whatever cause, Lessor may retain and apply as required, as full or partial payment for any dalllage to the demised premises other than such as may be caused by ordinary wear and tear, damage by fire or other casualties not occurring tltrough the negligence of the Lessee, his/hcrfamily, agents or·· employees, or for the past due unpaid rent; the portion of said Security Deposit not so retained and applied shall be refunded to the Lessee within thirty days after Lessee has quit possession of the premises. In the event that this tenancy shall be temunated by the Lessee, all or part of the Security Deposit aforesaid may be retained by the Lessor as damages for the loss of rent resulting from such premature termination and without prejudice to the Lessor's rights regarding any other further obligations of the Lessee; the portion of said Security Deposit not so retained and applied shall be refunded to the Lessee within thirty days after Lessee has quit possession of the premises.

That all personal property in said premises shall be and remain at the sole risk of the Lessee, and Lessor shall not be liable for any damage to, or loss of such property arising from any acts of negligence of any other persons or from any other cause whatsoever, nor shall Lessor be liable for any injury to the Lessee or other persons in or about the premises alising from apy cause whatsoever.

LIABILITY OF LANDLORD: Landlord shall not be liable for any injUlY or damage to persons or property either caused by or resulting from falling plaster, dampness, overflow, or leakage upon or into the Property of water, rain, snow, ice, sewage, steam, gas, or electricity or by any breakage in or malfuuction of pipes, plumbing fixtures, air conditioners or appliances or leakage, breakage or obstruction of soil pipes, nor for any injUly or damage from any other cause, unless any such injnry or damage shall be the result of the deliberate or negligent act" of Landlord and Tenant shall give prompt notice to Landlord of any of the foregoing occurrences, however caused.

That no waiver of one breach of any covenant or agreement herein contained shall be construed to be a waiver or the covenant or agreement itself, or of the subseqnent breach thereof.

That the Lessor or its agents shall and may, with prior permission from Lessee and at all reasonable hours, enter ill' and upon said premises for the purpose of making repairs to protect the property from damage and for all other proper purposes; that in the event Lessee is absent from said premises for any extended period of time, Lessor or . its agents shall and may, without proper permission from Lessee and at all reasonable hours, enter in and upon said· . premises for the purpose of making repairs to protect the property from damage and for all other proper purposes. Landlord and their duly designated representatives may enter the Property in order to (1) inspect the Property, (2) . make necessalY or agreed repairs, decorations, alterations, or improvements, (3) supply necessary or agreed services, (4) exhibit the Property to prospective or actual purchasers, mortgagees, lessees, workmen or contractors. and (5) place "for sale" signs on the Property and, after notice of termination of this Lease by Landlord or Tenant, place "for rent" signs on the Property.

LEASE RENEWAL: Tenants will notify Lessor in writing of intent to renew Lease for another period on or before Februa\'Y 1, 2007.

The Lessee agrees to the following:

a) Responsibility for mowing the yard and removal of snow and ice and for providing their own lawnmower. b) No Subletting permitted. c) Only occupants listed on the lease may reside in tile dwelling. d) Cars may be parked only on the driveway surface, not on the grass. e) Responsibility of the tenauts to furnish heat during periods of vacations, and breaks, such as Christmas,

Thanksgi ving and ~ring Break. / noNe-PETS permitted (/) eve ~c;';?/71///C/} U,(/I?Y/~ C'CLe«uc'f>()

g) A late charge ofTen Percent (10%) will be incurred if the rent has not been received by the 5th of each month.

h) Single payment by cash or one check for the full rent amount each month. i) $25.00 returned check charge. j) Lessee agrees not to place or store indoor furniture, upholstered furniture or other unsightly material on the

porch or in the yard. Also, fixtures, building materials, junk, car parts or old cars, boats/trailers may not be' stored 011 the porch or ill the yard. Also, any signs, flags, mascots, neon, or other types of signage which the landlord deems unsightly.

And the Lessee expressly covenants and agrees to pay said rent as aforesaid, and also keep and perfolln each and every of the covenants, conditions, and agreements herein contained.

IT IS MUTUALLY AGREED that this lease shall bind the executors, administrators, and assigns of the respective parties hereto, and that no waiver of any breach of any covenant, condition or agreement herein shall operate as a waiver of the covenants, condition, or agreement itself, or any subseqnent breach thereof.

Whenever used herein, the singular shall include the plural, and plural the singular, and the use of any gender shall be applicable to all genders.

TESTIMONY WHEREOF, the said parties have hereunto signed their names and affixed their seals the day and year first hereinbefore written.

EDWIN MORENO

'fhikJ J~PH MIKHAIL

~.o~? 1&!..//, ~==== ..... =====~ KEVIN ELMORE

S.S#

S.S#

S.S#

S.S#

?f23/0l, DATE

2/J3)0£ DATE

DATE

J/;)3/o1.a DATE

~ ~-____ J...-2U-CIrfi MICHAEL ABRAMS S.S# DATE

OAJD~99 COLt:;:'7NrW LINDSA Y COLEMAN

r£c3 24, 20Db DATE I -=-,c=-----

ADDENDUM: For maintanance you are to call Lindsay Coleman at 320-4555. In the event of an emergency and you cannot reach me, you may call Mr. K.H. Noonkester direct at 552-5048.

Lessee agrees nollo place or store indoor furniture, upholstered furniture or other nnsightly material on the porch or in the yard. Also: fixtures, building materials, junk, car parts or old cars, boats/lTailers may not be stored 011 the porch or in the yard. Also: any signs, flags, mascots, neon, or other types of signage which the landlord deems unsightly.

TOWN ATTORNEY 'OWN OF BLACKSBURG )Q SOUTH MAIN STREET .ACKSBURG, VA. 24060

Attachment D

OMMONWEALTH OF VIRGINIA

OUNTY OF MONTGOMERY

AFFIDAVIT

This day appeared Adele P. Schirmer, Zoning Administrator for the Town of Blacksburg,

irginia, who after being duly sworn, certified that the attached notice regarding proposed

rdinance 1137, the zoning ordinance rewrite, were sent by first class mail between September

16 through 19,1996, to each property owner in the Town ofBiacksburg, as shown on the

ttached list.

C::~-l€-' ~"'-!3,::::;;:;>::.~.p:-ILJ4. er, Zoning Administrator

COMMONWEALTH OF VIRGINIA

OUNTY OF MONTGOMERY

Sworn to and acknowledged before me this ~iA day of September, 1996,by Mele . Schirmer, Zoning Administrator for the ToWll of Blacksburg, Virginia.

~~~~~N~O~ My Commission Expires:

JCl97

Town of Blacksburg

TOWN OF BLACKSBURG

300 South Main Street Post Office 'Bo:(90003

'B{ackf6UTg, 'lIillJinia 24062·9003

September 12, 1996

C/O KATHLEEN DOOLEY, TOWN ATTY POBOX 90003 BLACKSBURG V A 24062

:; J\NPL£ L£.. T11:. II.. -

RE: Rezoning and Comprehensive Plan Amendments Proposed for Entire Town

Dear Property Owner:

The Town of Blacksburg is concluding work on the proposed rewrite of the Town's Zoning Ordinance and the designation of new Zoning Districts for the entire Town. In addition, a series of amendments are under consideration to the Future Land Use Map of the Comprehensive Plan. These amendments are proposed so that the Future Land Use Map and proposed Zoning Map will be consistent with regard to land uses and their density. Please be advised that the proposed changes to the Zoning Ordinance and Map affect all properties in the Town, including your property. Further, the changes to the Future Land Use Map of the Comprehensive Plan affect a number of properties, which may include your property.

The proposed Zoning Ordinance and Zoning Map are under consideration in Ordinance 1137. The proposed Future Land Use Map amendments are under consideration as a Resolution. This letter is to notify you of the upcoming meetings and public hemings that are scheduled for public comment on the proposed Zoning Ordinance, Zoning Map, and Comprehensive Plan amendments.

The Zoning of Your Property Please be advised that your property, which according to our records is identified as tax parcel number 256- A 63, is currently zoned C-I (see attached key for the Zoning District names). The proposed zoning of this property is DC. If you wish to find out more information with regard to what these designations mean please contact either Adele Schirmer ([email protected]), Duane Hyde ([email protected]), or Denise Sullivan ([email protected]) in the PlaJ1l1ing and Engineering Depaliment at 96 1-1114.

What is Zoning?

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The Zoning Ordinance and Zoning Map are tools to regulate the location and the development standards for various eategories ofland uses (e.g., commercial, residential, and industrial). The Zoning Map shows how the Town is divided into different land use districts and the Zoning Ordinance sets out land use standards and regulations pertaining to the districts shown on the map. These standards include such things as the density or minimum lot size for development, the types of uses that are permitted, the required distance structures maybe from property lines, parking requirements, landscaping requirements, and so on.

Public Hearing Schedule The proposed Zoning Ordinance, Zoning Map, and amendments to the Comprehensive Plan Future Land Use Map have been forwarded by the Town Council to the Planning Commission for their consideration and recommen<lation to the Council. There will be two public hearings on these items. The hearing schedule is as follows:

Planning Commission Public Hearing: October I, 1996, 7:30 p.m., Town Council Chambers, Second Floor, 1',,1uriicipai BLrilding. The Pl~~'1ing Commission v.ril1 hold a puhlic he~Iing on the proposed Zoning Ordinance and Zoning Map, and the proposed amendments to the Comprehensive Plan Future Land Use Map. The Commission will then forward recommendations on these matters to the Town Council.

Town Council Public Hearing: October 8, 1996,7:30 p.m., Town Council Chambers, Second Floor, Municipal Building. The Town Council will hold a public hearing and fInal action will be considered on the proposed Zoning Ordinance, Zoning Map, and amendments to the Comprehensive Plan Future Land Use Map.

The proposed Zoning Map and tables outlining the proposed Zoning Districts are on display in the lobby of the Municipal Building. If you wish to have a copy of the draft Zoning Ordinance or the Map please visit the Planning and Engineering Department on the third floor of the Municipal Building or call the Department at 961-1114. There is a $10.00 fee for the proposed Zoning District Map and a $7.50 fee for the proposed Zoning Ordinance to help defray the cost of producing these items. Copies of the draft Zoning Ordinance and Zoning Map are also available for review at the reference desk of the Montgomery-Floyd Regional Library at 400 Draper Road.

If you no longer own the property referenced in this notice we would appreciate if you forward this notice to thc new property owner or contact the Planning and Engineering Department and inform us that you no longer own this property.

If you have any questions, if you are unable to attend any of these meetings but wish to comment, or if you need additional information please contact either Adele Schirmer or Duane Hyde at the Planning & Engineering Department at 961-1126 or 961-1114.

Sincerely,

Adele Schirmer, Director Planning and Engineering Department

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Zoning District Key

Existing Zoning Districts:

A-! 0: Agricultural R-ll: Limited Residential R-12: Restricted Single Unit Residential R-12a: Intennediate Residential R-13: Single Unit Residential CRD ! or 2: Central Residential District R-14: Multiple Unit Residential R -15: Medium Density Multi-Unit Residential R-!6: High Density Multi-Unit Residential 01: Office and Institutional C-!: Central Business District C-2: Highway Commercial District IN-I: Industrial PDR: Planned Development Residential PMR: Planned Mobile Home Residential PC: Planned Commereial UNIV: University and College District

Proposed Zoning Districts:

RR-l: Rural Residential! R-4: Low Density Residential OTR: Old Town Residential R-5: Transitional Residential RM-27: Low Density Multi-Unit Residential RM-48: Medium Density Multi-Unit Residential OD: Office DC: Downtown Commercial GC: General Commercial RD: Research and Development IN: Industrial PRD: Planned Residential PMR: Planned Manufactured Home PC: Planned Commercial UNIV: University and College Dish'ict

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OWN ATTORNEV VN Of' BLACKSBURG SOUTH MAIN STREET ';.KSBURG, VA. 24060

COMMONWEALTH OF VIRGINIA

COUNTY OF MONTGOMERY

AFFIDAVIT

This day appeared Adele P. Schinner, Zoning Administrator for the Town of

Blacksburg, Virginia, who after being duly sworn, certified that the attached notice regarding

proposed Ordinance 1137, the zoning ordinance rewlite, was sent by fwst class mail on

February 21, 1997, to each property owner ill the Town of Blacksbnrg, as shown on the

attached list.

nln:ner, Zoning Administrator

COMMONVVEALTH OF VIRGINIA

COUNTY OF MONTGOMERY

Sworn to and acknowledged before me thisa2.sfb day of February, 1997, by Adele p, Schinner, Zoning Administrator for the Town of Blacksburg, Virginia,

My Commission Expires:

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TO:

FROM:

RE:

DATE:

Town of Blacksburg 300 Soutli Main Street Post Office 'BO?( 90003

'B{actgGurg, 'Virginia 24062·9003

Blacksburg Real Property Owners

Adele P. Schinner, Director, Pl81ming and Engineerin~o/ Resolution 3-A-97: Amendments to the 1996 Comprehensive Plan Ordinance #1137: 1997 Zoning Ordinance and Map

February 12, 1997

TIle Blacksburg Town Council will conduct a sec\md public hearing on Ordinance #1137, the proposed . new Zoning Ordinance, and Resolution 3-A-97, proposed Comprehensive Plan Amendments, on March II, 1997 at 7:30 p.m., in the Town Council Chambers, 300 South Main Street, Blacksburg.

Ordinance #1137 is a proposal to revise the Town's Zoning Ordinance and to adopt a ne\\C Zoning Map for the Town. Resolution 3-A-97 is a proposal to amend the 1996 Comprehensive Plan, in response to inconsistencies identified through the public input and land use study process.

Town Council conducted the first public hearing with regard to these matters on October 8, 1996. More than 30 citizens addressed Council at that hearing. Since then, Council has reviewed citizen input during a series of work sessions. The citizen comments offered at the first public hearing have resulted in changes to the proposed ordinance, including changes to the mapping of zoning districts in Town. In addition, the text of the Zoning Ordinance has been amended in response to citizen comments.

For example, Ordinance #1137 now contains a proposal to permit the reconstruction of most "nonconforming" buildings and uses, excluding signs. The annual limit on renovations and repairs to nonconforming buildings is proposed to be eliminated. These changes are a result of citizen comments at the October public hearing.

The second public hearing offers an opportunity for you to comment on rhe reviocd ZUfiing Ordiliance and 1996 Comprehensive Plan amendments. Through conducting a second public hearing, To\''Ill Council seeks to ascertain whether the new Zoning Ordinance is ready for adoption.

A map showing the proposed zoning for your area is attached. Copies of the proposed Zoning Ordinance and Comprehensive Plan amendments are available at the Town Clerk's Office and the Planning and Engineering office, 300 South Main Street, Blacksburg, and at the Blacksburg Public Library. You can also review the proposed ordinance through the Town's home page on the Internet. The revised zoning map is on display in the lobby of the Municipal Building and the Community Center on Patrick Henry Drive. If you have questions about this proposal, please contact Adele Schirmer ([email protected]), Director of Planning and Engineering, or Denise Sullivan ([email protected]), Development Administrator, at 961-1126.

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Proposed Zoning Districts Northeast Sector February 7,1997

District Key: RR-l- Rural Residential 1 RR-2 - Rural Residential 2 OTR - Old Town District R-4 - Low Density Residential R-S - Transitional Residential RM-27 - Low Density Multiunit Residential RM-48 - Medium Density Multiunit Residential O-Office DC - Downtown Commercial GC - General Commercial RD - Resoarch and Development IN - Industrial PC - Planned Commercial PR- Planned Residential UNIV - University 8 -Special Housing Overlay B -Creek Valley Overlay

- Conditional Zoning N

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PHELPS MICHAEL KEITH & FLOWERS WELDON L KALMIA E KNIEL WILLIAM L FLOWERS JR 501·T SUNRIDGE DRIVE 913 MASON DR BLACKSBURG VA 24060 BLACKSBURG VA 24060

PECK KIMBERLY A

509S SUNRIDGE DR

BLACKSBURG VA 24060

CADDEN WILLIAM M CLAIRE M 3635 CATAWBA RD BLACKSBURG VA 24060

ROGOL HYMAN C BERTAZ 2584 GLADE RD BLACKSBURG VA 24060

BOWMAN HUBERT A JR & KIMBERLY A KIDD 772 DAVIS ST BLACKSBURG VA 24060

QUESENBERRY RICHARD C ETAL 2505 SPRING HOLLOW LANE BLACKSBURG VA 24060

POLAND STEPHEN H & SALLY PETROFF POLAND 3602 MEADOWBROOK DRIVE BLACKSBURG VA 24060

YOUHAS JOHN M & JOHANNA M YOUHAS 2602 GLADE RD BLACKSBURG VA 24060

CRUTCHLEY KATHERINE ANN

1404M UNIVERSIll' CITY BLVD

BLACKSBURG VA 24060

GARGAS MICHAEL E & DONNA K TANYA K GAR GAS 14041 UNIVERSITY BLVD BLACKSBURG VA 24060

MITCHELL LELIA DANIELS CIO LELIA D MITCHELL SMIBERT 1201 GLEN COVE LANE BLACKSBURG VA 24060

CUMBEE ROY LEE L E ETAL GILBERT L CUMBEE 2507 MEADOWBROOK DRIVE BLACKSBURG VA 24060

TILLAR THOMAS C JR

3010 STRADFORD LANE

BLACKSBURG VA 24060

MASON NANCY E

1406-D UNIVERSITY CITY BLVD

BLACKSBURG VA 24060

LESTER CLI\REI~CE NED & ROSALYN M LESTER 1755 EAST RIDGE DRIVE BLACKSBURG VA 24060

DONOHUE SHARON

1402 UNIVERSITY CITY BLVD

BLACKSBURG VA 24060

ROPER L DAVID

405 CLAY CIRCLE

BLACKSBURG VA 24060

-* COLEMAN S LINDSAY 612 MCCONKEY STREET

BLACKSBURG Vf', 24060

ROGOL HYMAi': .8 & BERTAZ STEPHANIE ROGOL 2584 GLADE· RD BLACKSBUHG VA 24060

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FAIN ROBERT DANIEL DON WAYNE FAIN 114 BROCE DRIVE NW BLACKSBURG VA 24060

WOOLARD GORDON T & MARILYN

401 STONEGATE DR

BLACKSBURG VA 24060

COLLINS BERT E & MARY S

3704 MEADOWBROOK DR

BLACKSBURG VA 24060

DENTON PAULA J

406 STONEGATE DR

BLACKSBURG VA 24060

LUCAS NELLIE S

3510 MEADOWBROOK DR

BLACKSBURG VA 24060

HARVEY ARTHUR JACKSON ETAL

1105 SCOTT ALAN CIRCLE

BLACKSBURG VA 24060

JOHNSON BARRY F & SUSAN E DILLE 2195 WOODLAND HILLS DR BLACKSBURG VA 24060

LAWRENCE MARVIN A

3842 MARLA DR

BLACKSBURG VA 24060

COLE STEPHEN R

1719 DONLEE DR

BLACKSBURG VA 24060

DEVINENI PHANENDRA & RAJ K

409 STONEGATE DR

BLACKSBURG VA 24060