HomeMy Public PortalAbout1966_04_09 • 20117:
MINUTES OF CALL MEETING OF LEESBURG TOWN COUNCIL, APRIL 9, 1966.
A call meeting of the Leesburg Town Council was held in the Council Cham-
bers, Leesburg, Virginia on April 9, 1966 at 11 :00 A.M. Those present were :
1131or god"`NCouncilmen Maurice R. Lowenbach, Jr. , Walter F. Murray, Robert A. Orr and Joh"
W. Pumphrey; also Town Manager James W. Ritter, Jr. and Town Attorney George N.
Martin. Absent from the meeting were Q1uncillerr�C. CA. En lish Cole and C.
Maloy Fishback. In the abse ce of the Sas�°an, Town°Hanager Ritter was ap- t•
erh_of rhe ounce
pointed xn-nxn o-rem.
The Mayor explained that the meeting was called for the purpose of dis-
cussing possible steps to be taken on opposing the abandonment of the W. & 0. D.
Railroad. The Mayor expressed Mr. Fishback's feeling of being in favor of op-
posing the abandonment. Frank Armstrong, head of Industrial Development for
Loudoun County, was present and explained the importance of all of the com-
munities banding together and opposing the abandonment of the W. & 0. D. Rail-
road.
On motion of Councilman Murray, seconded by Councilman Lowenbach, the fol-
lowing resolution was unanimously adopted:
BE IT RESOLVED by the Town Council of the Town of Leesburg, that the •
Town Attorney be and he is hereby authorized to intervene on behalf
00 of the Town of Leesburg in the proceedings before the State Corpora-
lit tion Commission in the petition to abandon the Washington and Old
Dominion Railroad line , and take an appeal on behalf of the Town
to the Supreme Court for the State of Virginia from the order per-
C.)
mitting abandonment by the State Corporation Commission, if such
is possible, and that a sum not to exceed 5750.00 be and it is
hereby appropriated from the General Fund for legal and recording
costs accrued in such appeal, but such intervention and appeal shall
not be taken unless a majority of the incorporated towns along said
rail line take similar action.
On motion of Mayor Rollins, seconded by Councilman Pumphrey, the follow-
ing Ordinance was unanimously adopted:
AN ORDINANCE asking bids to be submitted for a lease of a
certain portion of the Leesburg Municipal Airport and fixing
the time for the reception by the Town Council of bids there •
-
for.
BE IT ORDAINED BY THE TOWN COUNCIL OF LEESBURG, VIRGINIA:
That bids in writing be received by the presiding officer of the
Council at a meeting thereof in open session, to be held on the
11th day of May, 1966, at 7:30 o 'clock P.M. (Eastern Standard Time)
for the granting of a lease of a certain portion of the Leesburg
Municipal Airport.
The Council reserves the right to reject any and all bids and the
person or corporation to whom the grant is finally made, if any,
shall reimburse the Town for the cost of advertising this ordi-
nance as required by law.
The Council directs that the ordinance and legal notice be pub •
-
lished for. four (4) successive weeks in the Loudoun Times Mirror
a newspaper published in the Town of Leesburg, Loudoun County,
Virginia.
The form of the lease and privilege or. rights proposed to be
' granted for which bids are hereby requested shall be substan-
tially as follows: (See proposed lease attached hereto) .
There being no further business, the meeting was adjourned with general
•
consent at 11 :45 A.M.
h/ Mayor
_err the ouncil Pro-Tem
V
• THIS LEASE, made the . -, day of r , - ,
1966, by and -between- the TOWN OF' LEESBURG IN VIRGINIA, a•
,municipal ,corporation, ehereinafter referred to as '!Lessors,
•
hereinafter referred 'to as> "Lessee". ;t•_ •
r ,
WHEREAS,„,the ` Lessor .oars and has constructed' en airport ' '
• facilit • known.:as the
YLeesburg .Muni
ci Airport`al •
p , :Loudoun.r.'-
County, "Virginia , `and-"wishes to .`lease a portion of the said- -
•
•
• property for':the purpose ,of having operated thereon a flying
club and`�servtces related thereto;' which, shall include but "=
• is not limited to ,'.storage , sales, instructions, and any
services:relating , thereto.;+• r N
NOW, t:-THEREFORE •the••Lessor •and Lessee dor hereby make '
and enter into this Lease and 'mutually 'covenant and`ragree
as follows: e
1 . , PROPERTY 'TO afif, LEASED. The property that is leased
• and demised is :that portion Of-the Leesburg Munidipal-
(Godfrey) Airport, Loudoua,County, •Virginia, which is"des -'
cribed ,as folloppws .,
' Beginning arta :point/:point,' (1) ,"a corner'to other • land:
• • of Leesburg Tjcuiiicipal • (Godfrey) Airport (leased by
fChant`illy' Avration), .Said point (11-being 320 feet •
offccenter' line of existing""runwaylas shown on attached
.6 Plat: hereby made 'a part of this description, ` ' ,.-
sthence running with 'said:other: landof the ' '
Airport (leased' by. Cliaiitilly Aviation)`; N_: 70 24'
50"+, 572.97 feet to a 'point • (2) 4in the;;wester1y. ,
right of-way'-;line of State ,Route `#643, 25,feet off :
r center line, + 7 . r =
} - -thence--running :with said •right=of way line :S
020 .O642O” E, 357.14 -feet.*to.„.a point (3); :corner, - ,
'to other ?landof said Airport- (unleased) ,;
• thence running :With'`saidother -land,N ofAirpo t' �-
(unleased):, • S -760 24' 5O" W, •501:89' feet to a point
•
i " z
' (4), said point•:(4) being. also 320 feet•:off , �•
center line of. aforementioned existing runway;; .
tir
• >; thence N 13° 35' 10" •W, 350.00 feet-to ° . , t
'the point: 5f ,beginning,..containing: 4.3145 acres.
- ' ' and together with the':use, in comr.on With,` others authorized '
'so to .do, of the "landing area",,•'taxi ways" sand**"air,navi '
f :
gation facilities" '
2. - TERM' OF' THE LEASE. The initial term .of this lease '' -
shall be fora period, of ,Fifteen ' (15) .year s commencing at :• •
the•_time allcontingencies as. mentioned. in Paragraph', 18.• ,
below have been fulfilled. There shall :be 'a right,�on the'
4. - part- of Lessee to renew said -Lease for an 'additional;.'period ,- . . ,
of five :.(5) .-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, i
In-'the. eVent„ Sa,id contingencies set forth in Paragraph18
:arernott'fulfil'led within nine (9)' months from -the-date here
•
of•, ' then' this `.leasemay:be voided' at 'the option of: either ,' •
+ party-hereto. t,, Upon :fulfillment of the '`contingencies,set ,
forthin • Paragratjh' 18, this lease shail,,,become'•effective' upon- -.
• the first{ day„of the'•2calendar month next ensuing
34'.1,4C-OMPLIANCE'=WITH •APPLICABLE LAWS AND' REGULATIONS.
- 'The Lessee covenants ,that it ,will-comply-with 'all. Federal ,.7State - -
and :local • laws; Ordinances and':regulationseregarding the ''; ` ”
operation of. the airportfacili :.;and~'that,. are applicable -to
-facility/
aircraft operations. • The..Lessee. covenants thc'c it will save ' - '.-
harmless
harmless the Lessor' from any violation'-by .the=Lessee of such
1 laws, ordinances and =regulations: .
4. ; INSURANCE. The -Lessee agrees: .to carry and maintain.,
• .
,with a'responsible4.insurance company' approved`. by the. Lessor, -
insurance in amounts not less than those shown.,in the following.,
schedules -
r , '
Y
(a)-Yt �Premises ,liability insurance ,of $50_ .0 ,
l including;. bodily:,injury ,and property' dama;ge
- coverage.
(b);- Workmen' s ;Compensation „Insurance as';required
-_biv the: appropriate laws',of',the 'state of '
(c.), A bond to insure the faithful performance `;
by; the ,Lessee'of all covenants,=conditions;
stipulations and:,prompt ;payment of:`the, ,
' ' stipulated irent :in an 'amount- equal to ten 5
• .', w ' • times,.the-.Stipulated annuai 'rental:1-fon tt e ,
terra of- th s.'lease• or;renewal .:thereof, _.... .
ith
i a surety• approved by 'the, Lessor, to: be _
furni-shed_within'.ten '(10) days: from,-the
" i ' - time • this lease:becomes' o rative or ".re '` _ ' '
r '• newal thereof. it • -_
; ' , Lessee agrees that all insurance pol..cies will.contain an
,.
,,K appropriate endorsement showing'the Lessorras=additit. al' -4in
suA.reds,' as its interest may appear. Certificates Iron the..
.insur(tance company showing- the :en;verage;::carried , wi ti the '
• endorsements thereon , shall be ,furnished, by the Lessee to 'the .
Lessorwithin' the period :of 'thirty (30) days from _the effective
date of. this; Lease and in:.•the event they are' not
r so 'furnished ,
-
./to the Lessor it shall have the right to secure the-same ,. z...1d
charge• the Lessee'_;for :he; same ;. • _
5.i, LIABILITY- INDENIIVITY. ;Lb ssee' agrees ,tot save harmless
and• indemnify'' the Lessor 'from any Judgment recovered by ,any
one ror; personal 'in'jury or: property damage siistaaned or .claimed ..
to have! been;sustained •by reason( of :any of the activities:
granted the _Lessee by' thus Agreement:or conductedve. by the.Lesse4: ,
at said airportand' shall: pay all expenses, an, cost, in de-
.:' •
fending• against any, such--claim made, against ,the Lessor ,.. pro-
vided ,`however, that the•Lessee 'shali':not be`liable -for" any:,,,..
' 'damage; injury or loss occasioned by• the negligence of the
Lessor;,3. ' its' agents or employees:
` 161. « COMPLIANCE" WITH, APPLICA'BL`E LAW. Lessee agrees 'to
complywith{all local , state` and federal; statutes, ordinances,. -
'' .:. oSr,aegulations, and- to: obtain ail ,necessary',permit`s.for 'the
'lawful' operation of. the facilities leased: hereunder. Lessor
-covenants 'that the airport facilities:-leased "hereunder;are
i - 9 { is - ♦ (.
t
, located in accordance with existing laws of.-the Town of ;
Leesburg and Loudoun County, Virginia _ ,If any action 'taken •
' by the governing body oft the Town of . Leesburg, County of :h
Loudoun",• Commonwealth of, Virginia or the United !State- of: •
America, makes impossible,"or unlawful the operation of the -• - ,
proposedjfacilitiesforla- period'of sixty (:60) -day s,
then theL Lessee shall have' the •option .to terminate',this lease. c
7'- -RENT1 RESERVED, . ::Lessee_'here _agrees- to liSay, the Lessor ,
as rental for the premises leased hereunder, .the sum: ofl `. ` .„3
for the period offifteen. ;(1S}ryears next commencing from.,the ,
= time .this lease oecomes-operative The first° annual payment
in the ;amount.-of , . • •_:. r• ,••.' i' •'shall, be due,
s
upon the date this Lease becomes..opeiative. .A like ;amount {
'shall .•be due upon -the same day ofrthe .same•month of each of the
• fourteen years next ,succeeding'; and =likeui"se -if a renewal;is , ¢
:effected. } r: '3. ---."11:'4,—:::"- , ,
,• ,a: .. POSSESSION•'OF PREMISES. That r<L.essor.;covenants •that the `
:Lessee; shall. enjoy'.quiet; .possession'Of: the leased premises,
+ t..
. 'provided said Lessee complies with the -covenants contained
herein: Possession is to be surrendered to- the"Lessee on 'the, -
. _ ,., ,
date this Lease becomes toperative , .`•-t ,.
4' ' 9.' NEW .CONSTRUCTION:- The ,Lessee.-shall have the right to,y
J . construct, -maintain, and•operate_uponthe leased premises such
J ,
other'.facili-ties and structurest' as Lessee may. deem necesary,
`but the plans therefor must be ',approved . in advance:-by Lessor.-
. Theagreement. ofjthe_ Lessor shall' not be unreasonably withheld.
Such 'facilities4 as' may •be .constructed :by , the•Lessee , shall be ,..:
come the-property of the Lessor. .,at the expiration tof the term
of •the .Lease;and any extension' thereof,provided forhereinrwith '- •
out,:any payment from 'the, Lessor to theLessee • ' .
' - 10.:' MAINTENANCE Lessee covenants--that.'during: the,,term
' .of .this •Lease-, 'the_:.Lessee shall; keep';the area ',leased in.-4 good. -
1
' ,and- presentable condition similar to^-the Operationsof such
,
t 1
•
•
facility at-a first class airport t -' , , '
1-1. •TAXES. ' Any and all real estate or:property Saxes • `•
(other- than personal property taxes which Tay be levied• upon
the personal property of the Lessee)".shallbe borne'and .paid
by the Lessor,
12. UTILITIES. The Lessee Shall be ,responsible ,for and
covenants to:promptly pay a111charges for heat , ;light , • gas,
-electricity;, water •and any other utilities in or on said '"area __ "
:leased ; and 'furnish' the same '• 1 _ •'
13:? ASSIGNMENT.:OR''SUBLBTTING. Lessee shall not of any time
•"-assign.7or sublet this lease or any part thereof without .the ''_
.Writ ten consent of .the Lessor ' -
-14'L", CANCELLATIONBY ' LESSOR; . The Lessor-'may cancel this
• 4
Lease, by. giving'the Lessee five, ( writ ten. notice, upon
the happening of any of .the following events .
(a) The: filing by' Lessee of• a. Voluntary ;petition in•-
bahkruptcy';
ir 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 ifs assets
>. - puzsuint;?to proceedings • : ' , -
- r T brought :Linder -the:•provisions .of any federal
reorganizations..act; '' -
(d') . The' appointment of a, receiver` ofr Lessee's, assets• ' or a_ levy.; upon any::of Lessee ' s• assets;- ' " _ ;
•
'(e.) The divestiture ot'Lessee's .estate ,herein by
. other operation,:of, law; - -
(f) " The abandonment or.tcessation'"of operations for'
-• r . a' :period-of thirty (30) daysby Lessee ; , - •
• -(g) -The default. by:Lessee in the performance.'of any
'.• covenant or agreement herein required to be• per=•• • -
-formed ;by Lessee -and the-failure.'of.:•Lessee: to '
, • remedy such' default-for a .period of' thirty' (30)
. , • days after receipt from LeSSorl of ' w•ritten ,,no tice • ' -
r .;to ,remedy,--the same. °
(h) Non-payment- of. the demised rent. • ' '
If_the " rent agreed to be paid,. ;including all oth_er'sums of
.m• oney, Which 'under' the• provisions hereof may,be•considered„as
additional: rent , shall. .in arrears in whole. Or in#part for
fifteen -(15) `or more days,';Lessor `may distrain therefor:;` .Ift is
N
, '-�•% -
-5_
Lessee shall'�violate any' cont
• a . vena ,' including .,the covenant:to
c
pay rent , made •by .t in this Lease, Lessor may, at';its option,
• re-enter▪ the; premises and:Jdeclare� this Lease and" tenancy
the
`hereby,=cr▪ eated ter'mi nated, and Lessor :`shall be entitled . to` the
penefit of all provxsions' of .the laws of the:Commonwealth' of
Virginia reis•specti•ng the spee'dy •,recovery of lands and tenements
held` over by;Lessee or proceedings, in :force rblentry and detainer
and may hold the Lessee. responsible 'for all damages including
reasonable .attorney fee •s._ ., J .
No 'waiver of :default by Lessor of any bf the 'terms,
covenants 4or .conditions ikiereto to,-be performed, kept and'`ab ;
served, by Lessee sha1T •be construed to, be or act as a waiver
•of any: subsequent deiault. oi any of their terms , covenants and '•
rtVii•.
:'conditions herein-'contained to be performed ,:„kept`•and observed 'by
Lessee. •he acceptance of rental by, Lessor for any period after
•a default of'. any '_ox the terms,:•covenants anal,-, itions:10 74;7,1n:
• i`"contaned'to be performed, kept: and :observed: by Lessee , `,shall
not. be deemed a tcaiver• of any -,right `on the ''part of _the;.Lessor to - •
• � _r`a:.Tom• t...,fie I •o .e: ..� /• ,L . .es
} cancel this:Lease 'for failure by Lessee to •.so perform, ,keep or
.observe any of the :terms„covenants or conditions,of this• Lease..
• • ; f 15. SURRENDER: OF. POSSESSION. Upon the expiration 'or y , >T
termination of this Lease or -any renewal tniere.of, Lesee!'s" rig
hts
` to iisethe premises, facilities, rights , licenses, services and, _-
privileges herein'-leased'”shall:.•, 'cease ;anO LesseeF shall,forthwith_
•
upon such expiration or termination surrende the' same '.to the .
!Lessor. i " r
`76. • RIGHT .or' INSPECTION',._ The Lessor and its :agentL• servants•
f
.74 or employeesLsha�ll have the right to' make inspections of said '
premises reasonable times-,in order' to ascertain that said
7.
Lessee is complying• with.ithe terms and condi•tions{ of this';Lease.
r
17. REGULATIONS AND' RBSTRICTISSN S. The Lessee hereby agrees
I • 'that -nothing- containe•d in this Lease s'iall, be`construed', as
granting said Lessee any: exclusive rights inconsistent with
Section08
3 `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 subject to' all condi -
.tions-.and`re St rn t ions ascontained and set: Sort) in' a .certain'
"- Grant •Agreement between: Lessor +and the Federal Aviation''Agency;
for the :Lee stiurgt,Municipal. (Godfrey) Airport, -Project No
' 9 ,44-014 C401 and .regulations imposed .by =Lessor or ;its agents.
is
18. CONTINGENCIES.. .,This;Lease ;is,, subject, to :conditions,
• ;`precedent •t0-1t5;beCome; effective. as'set •forth in ••Paragraph 2
above•;. in tthat before` this Lease ke to be ' operat ve it must be ' •
'4 `approved by ,the Federal' A'viati;on Agency and. Virginia State
ri. Corporation;;Commission"and all `necessary permits 'for the 'con
• • duct ofyits operation on the said airport ,and the 'servicee to be
conducted -there must bp._secured ; In the event this Lease is dis
t approved br•the Federal aviation Agency or the Virginia State '
• .'Corporation: Commiesion it then shall •automatically,_terminate.
19: T eLessee in its •opeeat ion: on the --Leesburg Municipal• ,
-‘'Airport willanot on the'•grounds-of, rade, 'color,; or: national
igln' die-criminate: or +permit --discrimination' Sgainst any'person::
'orgroup; of person's in any manner prohibited- by Part 15' of the
is Federal Aviation Regulations and in the• event thi3 covenant is"
•• •breached the: Lessor shall•` have the right to': take .any and, all
actions directedby the -United States Government; ;or agency there
> of to.enforce::the covenant r
• + 20 NOT-ICES.; .411 notices •shall, besent to Lessor at its •
town:'office :building address ori to such other place as Lessor may •
"lin, writang,,design'to , and to the registered. 'agent of the .Lessee:
Rental , payments -shahl'be-made,payable to the•;Toawn of ..
Leesburg and : shall_'be addressea -in ••the ,same manse ,as 'Notices.4
• • 21. RELATIONSHIP• OF:'_PARTIES. The •. relationship between the'
,partie'c :hereto is tisolely;;that• .of dvndlord' and Tenant and ,nothing
•7
in :the" Lease shall be construed as .creatingia partnership or
joint venture between 'the. partieshereto r
22 ;'.CHATTEL` MORTGAGES. `in'. order- to -provide ,'security iror,
Lendors -who 'will 'finance the-construction of the new. .• •
• referred to.-in Paragraph 9, the. parties,,hereto agree that such :
- improvements shall be 'the personal property 'of the Lessee , an
may be lheldc by a Lender under, a chattel mortgage to secure -any:'
',debt--'incurred for their. construction , until- such; times as the
debt • so contracted: is discharged and .the chattel mortgage.; re •
• • leased` ` Upon payment of :the, indebtedness and- release of -the
security. instrument , the new facilities -shall become, a "part of 7,2
the real' estate and the terms of the „preceding paragraph'_sshall`
'• then apply-;to the new facilities Provided , however, that- any ,
• • liengagainst: said buxldings ' shall be _for no'•longer period than` .
• the termination date of :the first 15-ayear term and shall be
null and void at themoment of-'said.`.termination date trend said -,
security -agreement 'shall.bee. submitted 'tot the Town' for; prior -
.4 approval. p °s
' 23. DAMAGE 'BY7F-IRE OR OTHER CASUALTY ' In• 'event' any, of;Vie
structures' is•destroyed by 'fire. or pother casualty the Lessee
`covenants that it ;will rebuild said -structure's in' the same loca
as'.`soonas •practicable and gic at, least equal' size "Arid ':
` equality as the original. The 'L▪ essee :shall- be entitled-.to use the -e
proceeds from any insurance--pay▪ ments. for•`the reconstruction , re
*;- pair "and rebuilding of -any 'such structures.; '. , -
:aENTIRE-AGREEMRNT This Lease contains;the entire: Agree-
4 -
went between all .parties: hereto and, shall {not be• changed or media
:.afiefdin any manner:'except' by fan instrument' in writing executed .
by the: parties ,hereto. 3 , -
IN WITNESS>•WHEREOF, •the parties.'have _caused "'the same to be",••
• ' executed by. its appropriate officer,s. thrs -day, month and'year-
first above ,written`, •al'-1 being duly authorized to, act:
. s .
•
•
ATTEST': TOWN OF LEE SB-tJRG •IN VIRGINIA ,
By (SEAL) ,
Mayor
,ATTEST: _
a. . . /
_ t �q S
r '
r • s ` s