HomeMy Public PortalAbout1966_01_26 185
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JANUARY 26, 1966.
A regular meeting of the Leesburg Town Council was held in the Council
Chambers, Leesburg, Virginia on January 26, 1965, the meeting being called to
order by the Mayor and with a prayer by Councilman Pumphrey. Those present
were : Councilmen C. A. English Cole, Maurice R. Lowenbach, Jr. , Walter F.
Murray, Robert A. Orr and John W. .Pumphrey; also present were Torn Manager
James W. Ritter, Jr. and Town Attorney George M. Martin. Absent from the
meeting was Councilman C. Maloy Fishback.
The minutes of the meeting of January -12, 1966 were approved as written.
Town Manager Ritter gave his report, stating that, since there are various
• items still outstanding on the storm drainage projects, he believes that Item 4
on the Agenda should be postponed. Also, in regard to Item 7 .on the Agenda,
he now has Tri-County 's bill in the amount of $75,377.03, but has no bill from
Walter L. Phillips as yet. He reported that Tri-County has not quite finished
their project yet, but this will be done when the weather improves, and there
will be seeding, sodding, erecting of fences, etc. to be completed in the spring.
He said he would recommend that, even though a 3 per cent retainage fee is being
wthheld, another $5,000be withheld to take care of the items yet to be completed.
Mr. Ritter also reported that plans and specifications are being prepared
Op on the Phillips-Nickels Well and .that these will be reviewed at the Utility
1rJ Committee meeting.
C
aa Mr. Cole asked what had happened to the suit filed against the Council by
the NAACP. Mr. Martin replied that it is still waiting in Federal Court for
V action.
Upon motion of Councilman Cole, seconded by Councilman Orr, the following
resolution was placed on the floor for discussion:
BE IT RESOLVED by the Town Council of the Town of Leesburg, that
Council is opposed to the sale of whiskey by the drink.
After discussion of this question and there being no objection to Council taking
action on this resolution tonight, a roll call vote of 4 to 2 defeated the motion,
those voting against it being Councilmen Lowenbach, Murray and Pumphrey and
Mayor Rollins.
Upon motion of Councilman Cole, seconded by Councilman Murray, the following
resolution was placed on the floor for discussion: .
BE IT RESOLVED by the Town Council of the Town of Leesburg, that an
auditor other than Stanton, Minter & Bruner be engaged to make a
complete audit of the Leesburg Airport Account.
After discussion, a roll call vote defeated the resolution by a vote of 5 to 1,
Councilman Cole voting for the resolution.
Upon motion of Councilman Murray, seconded by Councilman Orr, and after
discussion of this resolution, the following was unanimously adopted:
BE IT RESOLVED by the Town Council of the Town of Leesburg, that the
Council agrees on the financial stability of Blue Ridge Aircraft, and
BE IT FURTHER- RESOLVED, that the proposed annual rental fee be $800.00
per. year.
Several members of• Blue Ridge Aircraft Corporation were present and the
proposed lease was discussed, including changes requested by Town Attorney Mar-
, tin. Upon motion of Councilman Lowenbach, seconded by Councilman Pumphrey, a
roll call vote showed unanimous consent to accept this lease, as corrected.
The lease reads as follows:
THIS LEASE, made this 26th day of January, 1966, by and between the
TOWN OF LEESBURG IN VIRGINIA, a municipal corporation, hereinafter
referred to as. "Lessor", and BLUE RIDGE AIRCRAFT, INC . , a Virginia
Corporation,. hereinafter referred to as "Lessee".
186
MINUTES OF JANUARY 26, 1966 MEETING.
WHEREAS, the Lessor owns and has constructed an airport facility known
as the Leesburg Municipal Airport, Loudoun County, Virginia, and wishes
to lease a •portion of the said property for the purpose of having oper-
• ated thereon a flying club and services related .thereto, which shall in-
clude but is not limited to, storage, .sales, instructions, and any ser-
vices relating thereto.
NOW, THEREFORE, the Lessor and Lessee do hereby make and enter into this
Lease and mutually covenant and agree as follows:
1. PROPERTY TO BE LEASED. The property that is leased and demised is
that portion of -the Leesburg Municipal (Godfrey) Airport, Loudoun County,
Virginia, which is described as follows:
Beginning at a point (1) , a corner to other land of Leesburg
• Municipal (Godfrey) Airport (leased by Chantilly Aviation),
• said point (1) being 320 feet off center .line of existing run-
way as shown on attached Plat hereby made a part of this de-
• scription;
7Z.97�
thence running with said other land of the'Airport (leased by
54:1-7117-feet Aviation) , N76°24 '50"E, 5 .3�feet to a point (2)
in the westerly right-of-way line of State Route #643, 25 feet
off center line ;
thence running with said right-of-way line S02°06'20"E, .357.14
feet to a point (3) , a corner to other land of said Airport
(unleased) ;
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Sat 89)
thence running with .said other land of Airport (unleased) ,
S76°24'50"W, 512..09• feet to a point (4) , said point (4) being
also 320 feet off center line of aforementioned existing run-
way; •
thence N13°35 '10"W, 350.00 feet to the point of beginning; con-
- taining 2 acres. •
and together with the use, in common with others authorized so to do,
of the "landing area", "taxi ways" and "air navigation facilities".
2. TERM OF THE LEASE. The initial term of this lease shall be for a
period of ten (10) years commencing at the time all contingencies as
mentioned in Paragraph 18 below have been fulfilled. There shall be
a right on the part of Lessee to renew- said Lease for an additional
period of ten (14 years at the option of the Lessee under the same
terms and conditions as the original term except as may be hereinafter
provided, provided six (6) months written notice is given, prior to
the expiration of this original term, to the Council for the Town of
Leesburg, Leesburg, Virginia. In the event said contingencies set
forth in Paragraph 18 are not fulfilled within nine (9) months from
the date hereof, then this lease may be voided at the option of either
party hereto. Upon fulfillment of the contingencies set forth in Para-
graph 18, this lease shall become effective upon the first day of the
calendar month next ensuing.
• 3. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS. The Lessee cove-
nants \that it will comply with all Federal, State and local laws, ordi-
•
nances and regulations regarding the operation of the airport facility
and that are applicable to aircraft operations. The Lessee covenants •
that it will save harmless the Lessor from any violation by the Lessee
of such laws, ordinances and..regulations.
•
4. INSURANCE. The Lessee agrees to carry and maintain, with a re-
sponsible insurance company approved by the Lessor, insurance in a-
mounts not less than those shown in the following schedule :
(a) Premises liability insurance of- $500,000.00 including
bodily- injury and property damage coverage..
187
MINUTES OF JANUARY 26, 1966 MEETING.
(b) Workmen's Compensation Insurance as required by the ap-
propriate laws of the State of Virginia.
(c) A bond to insure the faithful performance by the Lessee
of all covenants, conditions, stipulations and prompt pay-
ment of the stipulated rent in an amount equal to ten times
the stipulated annual rental for the term of this lease or
renewal thereof, with a surety approved by the Lessor, to
be furnished within ten (10) days from the time this -lease
becomes operative or renewal thereof.
Lessee agrees that all insurance policies will contain an appropriate en-
dorsement showing the Lessor as additional insureds, as its interest may
appear. Certificates from the insurance company showing the coverage car-
ried, with the endorsements thereon, shall be furnished by the Lessee to
the Lessor within the period of thirty (30) days from the effective date
of this Lease and in the event they are not so furnished to the Lessor
it shall. have the right to secure the same and charge the Lessee for the
same.
5. LIABILITY INDEMNITY. Lessee agrees- to save harmless and indemnify
the Lessorfrom any judgment recovered by anyone for personal injury or
[a property damage sustained or claimed to have been sustained by reason of
C any of the activities granted the Lessee by this Agreement or conducted
by the Lessee at said airport and shall pay all expenses and costs in de-
fending against any such claim made against the Lessor, provided, however,
that the Lessee shall not be liable for any damage, injury or loss oc-
casioned by the negligence of the Lessor, its agents or employees.
6. COMPLIANCE WITH APPLICABLE LAW. Lessee agrees to comply with all local,
state and federal statutes, ordinances or regulations, and to obtain all
necessary permits for the lawful operation of the facilities leased here-
under. Lessor covenants that the airport facilities leased hereunder are
located in accordance with existing laws of the Town of Leesburg and Loudoun
County, Virginia. If any action taken by the governing body of the Town of
Leesburg, County of Loudoun, Commonwealth of Virginia or the United States
of America, makes impossible or unlawful the operation of the proposed fa-
cilities for a period of sixty (60) days or longer, then the Lessee shall
have the option to terminate this lease.
7. RENT RESERVED. Lessee here agrees to pay the Lessor, as rental for the
premises leased hereunder, the sum of Eight Thousand Dollars ($8,000.00) for
the period of ten (10) years next commencing from the time this lease be-
comes operative. The first annual payment in the amount of Eight Hundred
Dollars ($800.00) shall be due upon the date this Lease becomes operative.
A like amount shall be due upon the same day of the same month of each of
the nine years next succeeding, and likewise if a renewal is effected.
8. POSSESSION OF PREMISES. The Lessor covenants that the Lessee shall en-
joy quiet possession of the leased premises, provided said Lessee complies
with the covenants contained herein. Possession is to be surrendered to
the Lessee on the date this Lease becomes operative.
9. NEW CONSTRUCTION. The Lessee shall have the right to construct, main-
tain, and operate upon the leased premises such other facilities and struc-
tures as Lessee may deem necessary, but the plans therefor must be approved
in advance by Lessor. The agreement of the Lessor shall not be unreason-
ably withheld. Such facilities as may be constructed by the Lessee shall
become the property of the Lessor at the expiration of the term of the
Lease and any extension thereof provided for herein without any payment
from the Lessor to the Lessee.
10. MAINTENANCE. Lessee covenants that during the term of this Lease, the
Lessee shall keep the area leased in a good and presentable condition simi-
lar to the operation of such facility at a first class- airport.
11. TAXES. Any and all real estate or property taxes (other than personal
property taxes which may be levied upon the personal property of the Lessee)
shall be borne and paid by the Lessor.
1. 88
MINUTES OF JANUARY 26, 1966 MEETING.
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12. UTILITIES. The Lessee shall be responsible for and covenants to promptly
pay all charges for heat, light, gas, electricity, water and any other utili-
ties in or on said area leased, and furnish the same.
13. ASSIGNMENT OR SUBLETTING. Lessee shall not at any time assign or sub-
let this lease or any part thereof without the prior written consent of
the Lessor.
14. CANCELLATION BY LESSOR. The Lessor may cancel this Lease, by giving
the Lessee five (5) days written notice, upon the happening of any of the
following events:
(a) The filing by Lessee of a voluntary petition in bankruptcy;
(b) The institution of proceedings in bankruptcy against Lessee
and the adjudication of Lessee as a bankrupt pursuant to such
proceedings;
(c) The taking by a court of competent jurisdiction of Lessee and
its assets pursuant to proceedings brought under the provisions
of any federal reorganization act;
(d) The appointment of a receiver of Lessee 's assets or a levy upon
any of Lessee 's assets;
(e) The divestiture of Lessee 's estate herein by other operation
of law;
(f) The abandonment or cessation of operations for a period of
thirty (30) days by Lessee ;
(g) The default by Lessee in the performance of any covenant or 111agreement herein required to be performed by Lessee and the
failure of Lessee to remedy such default for a period of
thirty (30) days after receipt from Lessor of written notice
to remedy the same.
(h) Non-payment of the demised rent.
If the rent agreed to be paid, including all other sums of money which under
the provisions hereof may be considered as additional rent, shall be in ar-
rears in whole or in part for fifteen (15) or more days, Lessor may dis-
train therefor. If Lessee shall violate any covenant, including the cove-
nant to pay rent, made by it in this Lease, Lessor may, at its option, re-
enter the premises and declare this Lease and the tenancy hereby created
terminated and Lessor shall be entitled to the benefit of all provisions
of the laws of the Commonwealth of Virginia respecting the speedy recovery
of lands and tenements held over by Lessee or proceedings in forcible entry
and detainer and may hold the Lessee responsible for all damages including
reasonable attorney fees.
No waiver of default by Lessor of any of the terms, covenants or conditions
hereto to be performed, kept and observed by Lessee shall be construed to
be or- act as a waiver of any subsequent default of any of their terms, cove-
nants and conditions herein contained to be performed, kept and observed by
Lessee. The acceptance of rental by Lessor for any period after a default
of any of the terms, covenants and conditions herein contained to be per-
formed,
kept and observed by Lessee; shall not be deemed a waiver of any
right on the part of Lessor to cancel this Lease for failure by Lessee to
so perform, keep or observe any of the terms, covenants or conditions of
this Lease.
15. SURRENDER OF POSSESSION. Upon the expiration or termination of this '
Lease or any renewal thereof, Lessee 's rights to use the premises, facili-
ties, rights, licenses, services and privileges herein leased shall cease
and Lessee shall forthwith upon such expiration or termination surrender
the same to the Lessor.
189
MINUTES OF JANUARY 26, 1966 MEETING.
°16. RIGHT OF INSPECTION. The Lessor and its agents, servants or employees
shall have the right to make inspections of said premises at reasonable
times in order to ascertain that said Lessee is complying with the terms
and conditions of this Lease.
17. REGULATIONS AND RESTRICTIONS. The Lessee hereby agrees that nothing
contained in this Lease shall be construed as granting said Lessee any ex-
clusive rights inconsistent with Section 308 of the Federal Aviation Act
of 1958 as the same now exists and as the same may hereafter from time to .
time be amended together with the interpretations thereof promulgated by
the Federal Aviation Agency, or. as the same is interpreted by any court '
of competent jurisdiction, and to the extent this Lease is inconsistent it
shall be conformed to said law and regulations. This lease is further sub-
ject to all conditions and restrictions as contained and set forth in a
certain Grant Agreement between Lessor and the Federal Aviation Agency for
the Leesburg Municipal (Godfrey) Airport, Project No. 9-44-014-0401 and
regulations imposed by Lessor or its agents. •
•
18. CONTINGENCIES. This Lease is subject to conditions precedent to its be-
coming effective as set forth in Paragraph 2 above, in that before this
OO Lease is to be operative it must be approved by the Federal Aviation Agency
and Virginia State Corporation Commission and all necessary permits for the
conduct of its operation on the said airport and the services to be con-
ducted there must be secured. In the event this Lease is disapproved by
L� the Federal Aviation Agency or the Virginia State Corporation Commission
it then shall automatically terminate.
19. The Lessee in its operation on the Leesburg Municipal Airport will not
on the grounds of race, color, or national origin discriminate or permit
discrimination against any person or group of persons in any manner pro-
hibited by Part 15 of the Federal Aviation Regulations and in the event
this covenant is breached the Lessor shall have the right .to take any and
all actions directed by the United States Government, or agency thereof to
enforce the covenant.
•
20. NOTICES. All notices shall be sent to Lessor at its town office build-
ing address or to such other place as Lessor may in writing designate, and
to the registered agent of the Lessee.
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Rental payments shall be made payable to the Town of Leesburg and shall be
addressed in the same manner as Notices.
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21. RELATIONSHIP OF PARTIES. The relationship between the parties hereto
is solely that of Landlord and Tenant and nothing in the Lease shall be
construed as creating a partnership or joint venture between the parties
hereto.
22: PRIOR. AGREEMENTS, FUEL AND OIL. This lease is subject to all prior
agreements entered into with certain fuel and oil supply firms and the
Lessee acknowledges that it has examined such agreements and is fully
aware of all provisions incorporated therein.
23. DAMAGE BY FIRE OR OTHER CASUALTY. .In event any of the structures is
destroyed by fire or other casualty the Lessee covenants that it will re-
build said structures in the same location, as soon as practicable and of
at least equal size and quality as the original. The Lessee shall be en-
titled to use the proceeds from any insurance payments for the reconstruc-
tion, repair and rebuilding of any such structures.
24. ENTIRE AGREEMENT. This Lease contains the entire Agreement. between
all parties hereto and shall not be changed or modified in any manner ex-
cept by an instrument in writing executed by the parties hereto.
.190
MINUTES OF JANUARY 26, 1966 MEETING.
IN WITNESS WHEREOF, the parties have caused the same to be executed by its
appropriate officers this day, month and year first above written, all be-
ing duly authorized to act.
ATTEST: TOWN OF LEESBURG IN VIRGINIA
By (SEAL)
Mayor
- ATTEST: BLUE RIDGE AIRCRAFT, INC.
• By (SEAL;
Discussion followed regarding the plans and specifications for the propose
buildings to be constructed by Blue Ridge Aircraft, after approval of their lease
by the FAA and the State Corporation Commission and after securing the commission
permit from the County. Members of the Corporation answered various. questions
raised by Council members. . Upon motion of Mayor Rollins, seconded by Councilman
Pumphrey, Council voted unanimously that the plans and specifications , as pre-
sented by Blue Ridge Aircraft, be approved, which shall include the aluminum
siding, which is agreed to by the Corporation, as indicated by the letter attached.
Upon motion of Councilman Murray, seconded by Councilman Orr, the following
resolution was unanimously adopted:
BE IT RESOLVED by the Town Council of the Town of Leesburg, that the
following appropriations be made :
(a) $ 275.00 - Utility Fund for Smoke Bomb Equipment
to detect illegal connections to Sani-
tary Sewer.
(b) 2,000.00 - Utility Fund - Materials (Supplemental Ap-
propriation) .
(c ) 568.00 - 100' Extension of 6" Water Line to serve
Loudoun Country Day School - Council
Agreement - Oct. 27, 1965.
(d) 38.00 - Central Police Training School at Richmond
(Supplemental Appropriation)
(e) 150.00 - Northern Va. Police Academy - Tuition
for one Officer.
(f) 100.00 - Town Audit (Supplemental Appropriation)
Upon motion of Mayor Rollins, seconded by Councilman Lowenbach, the follow-
ing resolution was unanimously adopted :
BE IT RESOLVED by the Town Council of the Town of Leesburg, that an
amount of $2,209.98 be transferred from the Public Improvement Fund to
reimburse the General Fund, Capital Outlay, Inspection Service .for
salary paid to Robert Montgomery.
Upon motion of Councilman Cole , seconded by Councilman Murray, the follow-
ing resolution was placed on the floor :
BE IT RESOLVED by the Town Council of the Town of Leesburg, that
$40,000.00 be borrowed from the Utility Fund for a period of seven
(7) months at a 1 per cent interest rate, and that the Town Treas-
urer be and he is hereby authorized to sell a sufficient amount of
the U.S. Treasury Bills held by the Riggs National Bank as Custodian,
said funds needed to pay Tri-County Asphalt for work on Storm Sewer
Project, which payment will be in the neighborhood of $76,000.00 and
also $17,449.31 to pay Walter Phillips as part payment for Engineer-
ing Services.
191_
MINUTES OF JANUARY 26, 1966 MEETING.
Mayor Rollins moved that the first part of the resolution in its entirety be
stricken, down to the third line -where it reads "that the Town Treasurer , etc.".
This motion was dropped for lack of a second. Councilman Murray moved to amend
the "$40;000.00" to"$35,000.00". This motion was seconded by Councilman Cole
and was passed by a roll call vote of 4 for , 1 against and 1 abstention, Mayor
Rollins voting:-against it and Councilman Lowenbach abstaining. The motion, as
amended, was then unanimously adopted, reading -as follows: •
•
BE IT RESOLVED by the Town Council of the Town of Leesburg, that
$35,000.00 be borrowed from the Utility Fund for a period of seven s'
(7) months at a 1 per cent interest rate, and that the Town Treas-
urer be and he is hereby authorized to sell a sufficient amount of a
the U.S. Treasury Bills held by the Riggs National Bank as Custodian, •
said funds needed to pay Tri-County Asphalt for work on Storm Sewer
Project, which payment will be in the neighborhood of $76,000.00 and
also $17,449.31 to pay Walter Phillips as part payment for Engineer-
ing Services.
Upon motion of Councilman Murray, :seconded by Councilman Orr, the following
resolution was adopted by-a roll call vote of 4 to 2, Councilman Cole and Mayor
Rollins voting against it :
GO
Lt BE IT RESOLVED by the Town Council of the Town of Leesburg, that the
following outstanding invoices against the Leesburg Airport be paid:
L^
(a) $250.00 - Stanton, Minter & Bruner for Airport Audit for
period Oct. 1, 1964 to July 12, 1965.
(b) 73.40 - Barber & Ross. Storm windows for Adm. Bldg.
Authorized by Mr. Hammerly.
(c) 448.90. - Forbes Electric. Extra electrical work at
Airport - authorized by Mr. Bammerly.
Upon motion of Councilman Lowenbach, seconded by Councilman Cole, the fol-
, lowing resolution was unanimously adopted:
BE IT RESOLVED by the Town Council of the Town of Leesburg, that the
Town Manager be authorized to sign, on- behalf of the Town of Lees-
burg, the attached "Sponsor Assurance to accompany Project Applica-
tion dated October 15, 1965 for a Grant of Funds for the Development
or Improvement of the Leesburg Municipal (Godfrey Field) Airport.!'
Upon motion of Councilman Cole, seconded by Councilman Orr, Council voted
unanimously that George Martin file a suit for Declaratory Judgment on behalf
of the Town to determine the boundaries of Potters Field and to prosecute it to
a successful conclusion.
In accordance with a request from the Junior Woman's Club of Loudoun, Mayor
Rollins proclaimed February 11 as "Flag Day".
There being no further business, the meeting adjourned at 9:45 P.M.
•
Mayor
40 �. �s
Clerk of t Council
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{
101 EAST ROYAL STREET
r'�v1 �.,, ry N. I� (�PHONE:777.4800
W. go ' ''a� Neatrn Co' eoolan , enc.
LEESBURG. VIRGINIA 22075 �wA
January 19, 1966
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Town of Leesburg . '<<`
Leesburg, Virginia
•
Dear Mr. Ritter,
In accordance with your request on re-
ceiving our T-hangar construction plans, we
will use the aluminum siding as you indicate. •
However, we would like to stay with our
wood truss construction. This type of trues
was used in the construction of T-hangars at
the Manassas Airport and baa proved quite
successful. Also this type of construction
will mean a considerable saving over the use
of steel. •
Sincerely yours;
C. J. Payne Y 1I
Sec.-Treas.
Blue Ridge Aircraft, Inc.
• itiAr;13. 14
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