HomeMy Public PortalAbout1966_08_10 251
MINUTES OF REGULAR MEETING OF LEESBUR.G TOWN COUNCIL, AUGUST 10, 1966. '
A regular meeting of the Leesburg Town Council was held in the Council ;
Chambers, Leesburg, Virginia, on August 10, 1966, the meeting being called to
order with silent prayer, Mayor Pro-Tem Robert A. Orr presiding in the absence
of Mayor Kenneth B. Rollins. Others present were : Councilmen C . A. English
Cole, C. Maloy Fishback, Maurice R. Lowenbach, Jr. , Walter F. Murray and John 'W.
Pumphrey; also Town Manager Janes W. Ritter , Jr. and Town Attorney George M.
Ma”-tin.
The Minutes of the meeting of July 27, 1966 were approved with one exception,
that being to change the first line on Page 248 to read "in his field and he
asked 1r. Hammerly if he knew wno the pilot was. ", this change made by Council-
man Cole.
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Town Manager Ritter reported that he had received the names of three con-
sultants who night be contacted to make a study of the Town 's business license
ordinance from the Virginia Municipal League. He was instructed to write all
three of these firms regarding such a study. '
Mr. Ritter reported that the appropriation- of $2,500 asked for to make the
smoke bomb tests had been discussed by the utility Committee. Mr. Ritter re-
ported that he had written three companies for prices to do this work and that
00 prices had just been received. Tri-County Asphalt 's bid was '$20.00 per hour
and Perry Engineering's was $15.00 per hour. McCanless Construction Co. did
not submit a bid. He said that this $2,500 figure was based on Perry 's bid of
315.00 per hour, estimating that about 4 manholes could be done in an hour,
there being 588 manholes to be tested. Heavy traffic on Routes 7 and 15 would
slow up this rate of procedure. The bombs would cost am oximately >l50 and
are figured in this estimated $2,500. Mr. Ritter strongly recommended that
this work be done very shortly, as it has to be done when the ground is dry.
Mr. Ritter also reported that the Utility Committee was recommending that
a pipe cutter be bought at a price of 5359.00. Ms•. Ritter explained the ne-
cessity this pipe cutter, especially how useful it would have been during
the two water line breaks experienced on S. Catoctin Circle within the last week.
This pipe cutter would cut down the time it would take to repair such leaks and
111 water would not have to be cut off in large areas for so long d time when a
break occurs. He strongly recommended the purchase of this pipe cutter.
Mr. Ritter explained that the $565.00 appropriation to Earthwork was due
to an agreement between Earthwork and the Airport Commission, whereby Earthwork
receives 1 per cent of the contract upon the signing of the contract and the
other 1 per cent upon completion of the work.
He also explained that the $100.00 appropriation asked for to Bowles, An-
drews and Towne for the valuation study of the Retirement System is a part of
• the Retirement System 's agreement with all political subdivisions who are mem-
bers of the System. These studies are made every 2 years and, in this case,
the Town will benefit since the Town's contribution rate will drop from 5.83%
td 2.39%, effective April 1, 1967.
Councilman Cole inquired of Town Attorney Martin what had happened on
Potters Field. Mr. Martin reported that this would be argued when Judge Snead
returns from vacation. Mr. Cole also asked what Mr. Martin had determined as to
the validity of the agreement between the Town and the School Board re water and
sewer rates, to which Mr. Martin replied that he believed the agreement is bind-
ing on the Town.
Dr. Orr read a letter from Col. Willard G. Plentl of the State Corporation
;Commission regarding the State grant for the Taxiway Extension at the Airport,
cony of said letter being attached hereto.
Dr. Orr reported that Mayor Rollins had asked that two more items be in-
cluded in Item 3 on the Agenda, one being the construction of sidewalk, curb
and gutter on the south side of Loudoun Street from Wirt to King; the other
being the construction of sidewalk on the north side of W. Market Street from
Ayr Street to iiorven Park Road.
Discussion of the proposed lease with Dulles Aircraft Corporation took place
at this time. Upon motion of Councilman Lowenbach , seconded by Councilman
Murray, the following Ordinance was unanimously adopted by roll call vote :
252
MINUTES OF AUGUST 10, 1966 MEETING.
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 TON 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
14th day of September , 1966 , at 7:30 o 'clock P.M. (Eastern Dayy-lint
Time) for the granting of a lease of a certain portion of the Lees-
burg Municipal Airport. 1 -
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 reouested shall be substan-
tially as follows : (See proposed lease attached hereto) .
Upon motion of Councilman Fishback, seconded by Councilman Cole, Council
voted unanimously that they would accept personal surety on leases on the Air-
port, by which is meant that the signature of the man and his wife will be ac-
ceptable.
Upon motion of Councilman Pumphrey, seconded by Councilman Fishback, the
following appropriation was unanimously approved:
r' $2,000.00 - Sidewalk & curb & gutter on north side of North Street
between Church and Harrison Streets.
Upon motion of Councilman Pumphrey, seconded by Councilman Fishback, the
following appropriation was placed on the floor for discussion:
x' $525.00 - Narrow sidewalk by 18" on north side of Loudoun Street ,
from Liberty Si. to 3rd tree, including the removal of
2 trees.
Nr. James McIntosh, a resident of this area, was present and addressed Council ,
expressing his desire that these trees not be cut down. After discussion by
Council members, upon motion of Dr. Orr , seconded by Councilman Murray, Council
voted by roll call vote on the tabling of this motion for the time being. This
motion was defeated by a roll call vote of 4 to 2, those voting to table it
being Dr. Orr and Councilman Murray. A roll call vote was then taken on the
motion to make the appropriation, this vote being 4 to 2, with Councilmen Cole
and Dr. Orr voting against it. The appropriation was thus approved.
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Upon motion of Councilman Fishback, seconded by Councilman Pumphrey, the
following appropriation was unanimously approved :
3400.00 - Extend sidewalk & build curb & gutter on Edwards Ferry
Road, from existing walk at Jail to 150' east, including
. . removal of buckeye tree.
Upon motion of Councilman Fishback, seconded by Dr. Orr, the following
appropriation was-unanimously approved :
/ $565.00 - Earthwork, Inc. , in accordance with Agreement - 1% X ;i56;500
Upon motion of Councilman Murray , seconded by Dr. Orr , the following ap-
propriation was unanimously approved:
/ $100.00 - Bo-:;les, Andrevs& Towne, for valuation study of Retirement
System Account.
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253
MINUTES OF AUGUST 10, 1966 MEETING.
Upon motion of Dr. Orr, seconded by Councilman Murray, the following
appropriation was unanimously approved :
1250.00 - Yount, Hyde 2: Co. for completion of Airport Audit.
Upon motion of Dr. Orr , seconded by Councilman Murray, the following reso-
lution was unanimously adopted :
BE IT RESOLVED by the Town Council of the Town of Leesburg, that the
Town Manager be authorized to secure bids on : •
(a) Resurfacing Wirt St. , from Market to Royal. •
(b) Resurface Liberty, from Market to Loudoun.
(c) Widen Ayr Street from Market to Loudoun, and build curb &
gutter on west side of Ayr, in order to have a uniform
width of 27 ' between curbs.
(d) Construction of sidewalk, curb & gutter on south side of
Loudoun St. from Wirt to King.
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(e) Construction of sidewalk on north side of W. Market Street
CD
from Ayr Street to Morven Park Road.
VUpon motion of Councilman Cole , seconded by Dr. Orr , the following reso-
lutions were unanimously adopted:
BE IT RESOLVED by the Town Council of the Town of Leesburg, that Perry
Engineering Company be awarded a contract for making Smoke Bomb Tests
of the Sanitary Sewer System at a cost of $15.00 per hour , and
BE IT FURTHER RESOLVED, that an appropriation of 52,500.00 be made
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for this purpose.
BE I1• RESOLVED by the Town Council• of the Town of Leesburg, that an
appropriation be made in the amount of 1559.00 for the purchase of
a `.Heeler Pneumatic Pipe Cutter.
Upon motion of Councilman Lowenbach, seconded by Dr. Orr, Council voted
unanimously to contribute 5100.00 to the 4H Club 's Fair Ground for the replace-
ment of their loss by fire.
There being no further business, the meeting adjourned at 8 :40 P:?I.
Mayor Pro-Tem
Clerk of th Counc4a
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r'1N1 -0`11V11A111- OF \,jlR6. l \,k-",cc
I Iw IILYRD O. PLENTL til1
1 DIRECTOR 4 ( Itlit/ it ,
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1 ' HT y I P^�j •• RENNETII .;] L
,1 ` 42'4" t Y ♦6a1ETAN En,
I ��.• 1< ,' a -'r ' 644.1111. Exl.lyl3
STATE CORPORATION COMMISSION
j • DIVISION OF AERONAUTICS
909 BLANTON BUILDING
t j RICHMOND, VIRGINIA 23219
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>. _ . July 29 , 1966 / 1/ 6 =r\
ft G 2�"��` S 8 l6/(c
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„ fi Mr . George Hammerly, Chairman
Leesburg Airport Commission
I (, Garrett Insurance Agency
Leesburg,'_Virginia
JJI
;? : Dear George :
' ` This will confirm our telephone conversation of July 23th regarding y`
State aid for taxiway conctructton at the l.eesburi Municipal Airport .
f A6 I Indta:ate�i to you over- the phone) . 4he Sta,}'e Crawl- In the -an;ount of:
L $30, 000 for a portion or the cost :ors tax:way cou_,tr.:.:ttor at the
t, ' • Leesburg Municipal Airport should be available during the second quarter
1 of the current fiscal year . The second quarter will begin October_-1.,-r
1966 . --
Please let me know when construction begins and when the taxiway has
been completed and ready for inspection. I
Sincerely yours,
d '
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S.s
Willard G. Plentl
Director.
1' •- Division of Aeronautics ,
WGP:dch
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V
THIS LEASE
•rtnAn thio • day of , , by and batnoen Ulf:cif= OP
•LEESBVRG IN VIRGINIA a municipal corporation, hereinafter roforrod to
aa "Lessor", and , heroin-
sitar referred to as "Lessee".
bWEREAS,. the Lessor owns and baa coaaatruatoc en airport fast-
lity known as 'the L.eosburg cnanicipal Airport, Godfrap- Diold, Laadoun
aunty, Virginia, and aishoo to' leose portions of the acid prepotty for
the purposo of irploontiarg its woo for the benefit a tE kca s .
Lccosbarg and for the benefit of gcatoral aviation twerop 1
NDZI, TMBREV03E, the Lessor and Lbssoo CD hosc,r'd make end
eater into thin lease and mutually covancnt and agree as follemot
1. PROPERTY TO BE LSASLD. The property that is leased and
. `dmaioed horoundar is that portion of the Leesburg •Municipal Airport,
Loudoun county, Virginia, which is located as follceoa
Generally described as approximately •
. four (4) acres located south of and
adjacent to the ground leased by Blue
cif; Ridge Aviation, an indicated on a
plat attached hereto and to be wore
prcporly identified by survey to be .
incorporated into executed lease.
and together with the use, in canon with others outhoricod so to do,
of the "landing area", "air navigation facilities" and all other faci-
litieo open to the public upon the Airport. .
2. Truss if THI; ERASE. The initial tem of ,this loose shall
ba for a period of ten (10) years commencing from the first day of the
calendar month next Gaining after the tiro of exocation of this laces.
Shore shall be a right.on the part of tho Leased to rend said loupe
. for on cdlitiCnal potiad of ten (10) 'years at the option of the Lessee.
q l?r too.ocao .torus and conditions as the original tarp except go-may
be berzgiseaftar sot forth, providod cin (6) monthe arittca .totico is.
giega, prior to the expiration of this original tern, to the Mayos of
epic mn of Lgobasg raid' to the Ozaireesa of Loos4ssarg Airport etmniaolco.
3. cO]L.IANC3 t1TTH APPLICABLE LAtI3 AKD RC ILATIO:13. rho
Lcop000 = Gatlet° that it will .ce.ply cith all Po4orul,, State and 6=1
Hide ordinance end rogulatieaan regarding the operation of the cis est
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facility and that ore applicable to aircraft operations. The Leasee
.csvenrsnts that it will save harmless the Lessor from any violation by
• .tee Lessee of such Lean, ordirarces and regulations. ' •
4, .INSURANCE ARID Bohm. • The Lessee agrees to carry and main- \
taio, with a responsible insurance company approved Vp the Lcocmt, •
insurance in esounto .mat less than thorn shown in the tollawitg ct hulas
• (a) Premieoa liability insurance of $5C0,009.00
• including bodily injury and prapctty damage
coverage; -
(b) Worts cut'a 04,4.eraation insurance as required
by the appropriate lawn of the State of
Virginia;
(c) Aire and entcn$td coverage, vandalism and
• malicious mischief in the foliating cauntos '
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(d) An new structures are. erected, fire e9 cm- •
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tended coves ego in an amount equal to its
fair insurable value.
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.{e) A bond to insure the faithful performance
by"the Lessee of all codenants, Conditions,
stimulations and prompt payment of the_
at3.putated rent in an .amount equal to ten .
times the stipulated annual rental for the
• • original tern 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 tremas
.operative; Lessee may submit, in 11(213 of
the said bund, such other form of security
for the performance of Lessee's obligations
under this 1.ease 'as the Lessor may approve •
and accept.
Lessee agrecu that all insurance policies will =Main an
apprepr•iate endoro nt showing the Lessor, as additional insured, as
its interests nay appear with a thirty ($0) day notice of cancellation
1.,
• alpine. Certificratea• Prop the inantanct¢ company showing the coverage
carried,.•pith the en$nrcc czttq thpre�t;i, ;hall be fu.rfmished by the Leaser
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to the Lessor within the..)ppr•ictl lqf- thirty (30) days from the effective
date of this lease and in the event they are not so furaiched to the
Lessor it shall have the rjf)ht' to secure the ease and spew the Lace
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fot the same.
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S. LIABILITY IN�?9H1 ti4i't. Lessee agreed to save harnleaa and
izt +reify the Lei sor .17.ha ani{` fiud St recovered by any ono .for per-
sonal. . injury or property dame 0 sr.stained,or claimed to have been sus-
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taired b7 rcasosa of any of thr r3?,^•n grcnted for Leasae by this A3rcc'-
'scsst c'< any aetivit:-es conducted by the Lessee at said airport c tl t.ha21
fay all' ,,genseg and costs in ds$ending against any such plain cado
against the Lessor provided, however, that the Lessee shall not to tan lc.
: for any &cage, injury or loon occasioned by the negligerrrcc of the
Lessor, its agents or employees. .
• 6, C1`4PL1ANCE t97Tii APPLICAELC LAW. Lessee cgrees to r-rgply
with ail local, state end federal statutes, ardinances or regulations,
and to obtain all. noceusary pernita for the lCafu7, operation of the
fatilities: leased hereunder. Lessor covenants that the airport fac1 -
litieo teasad hereunder are located in accordance with eaisting l&1 3 of
the Twos of Leesburg and Loudoun County, Virginia. Any action taken by
the governing body of the Town of Leesburg, Chanty of Lcs .ds-.n, Cc sa-
uc?nth 2f Virginia or the 'United States of America *Le'r, sake imprsgib.e
ox epiacfvl the operation of. the proposed Sacilitic,s for a _coaicd of
sixty (60) days or more shall' give the Lence3 the option ta cancel and
terdinate' this leaoe.
7. SCOPE 07 OPERATIONS. Looses will operate upsr the leased
pscAsao the salon, rental, charter and maintenance operation relatir_3
to the aircraft 'for which Leese° is a dealer. Leasee e iy also conduct
flight training operations and ether operations and serviren related to
goneral aviation without limitation to these services enumerated kt;rc'`'us.
S.Ir.b operatior shall be that of a first citass .fixed base operator.
7(a). Lessee ctiil oainta.us and optrate at the airport, as a
a;:r:icum, the €olleairg aircraft, or the equivalent thereof.
Tao - Mooney Mark 21, single engire,
' four neat aircraft;
Ore - Cessna 150, single ergine, two
seat aircraft.
8. RENT RESERVED. Lessee agrees to pay to Lessor, an rental
for the premises leased hereunder, the base num of NINE THOUSAND COLLAR?
($8,000.00) for the first ten (10) year term of the lease. Payrc..t, in
the araunt of SEVENTY-RIVE DDLLARS ($75.00). shall be made en the first
day of eoth month. bc{tinnirg with the month in which t*,1.11 lean^_ bocce:,
affcc:i, a ar,d t.cntimuirg through the one Hundred niretee+a r.onth.3 neat
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`_-!.:'�:'f•iti y, In %dtat.t:lctr to the bac 'sum ...;.?t firth ,1tA`.'vf'y L•c ec? shah
_!e:.1 to LCi. r a cum egw 'J. to res riot (r^tk- (t53) of tb'_` i sec's GCo'e'
•::flirt in ex°eso cat TWEE !?.UNDRED ?XLTY THOUSAND MUSES (.57S.3, ?.floco) ,
'-.. : t,,x year of the Letc%ee, rs, to a maximum of FIVE FU ED Thf9AND
c4LLARS. L$`QO,QIIO.co), gross sale-.) pec tax year.
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• If the lessee nhtuld exorcise it9 optitn foe the cetrd ten
(10) year ttrc the brise ''ental for the said term till ka U:S 1‘113SA NTT„
Mtn Mr:MED BIPTY COLIASt9 ($1,350.00) , to be paid in conely pvmeats
of C2T FaRFD TWLVE PAD SO/100 QOLLARS ($112.50) tie cn ta:c+ .f.*snt Os7
oR .•3sh at the ate hundred ttnti months next succeeding after the end
cf the) oriigi.al term of thio !caco.• In aC'ditien to the h ce tt-j cot
forth at cie, tkc Lenten ohall pay to the Lessor a soz equal to one ger
sctt,`.t ().S) of the grorc sales of Wets, is excess at R'2J EUX r.20 FIFTY
TB,OSA DOLLARS ($250,000.00) per tax year of the Lein:see, up to a
z; inti of CNB MIL IO2i DOLLARS ($1,0000600.00) gross sates per tax year.
The sum due according to the calr.alatin of use per cart cf
grc;ls retei?to an• ret forth in sh: two paragraph° irzediattly ptc .e 3,
°h311 be dio and payable within three (3) tenths of the done of ease
Los>cc':, taxable yens'. The cctloulatrirn of the cart due chall be nL$a
€tom: the gross rec%3.iotc nhAt!af an the rederal intens tax .^.0R11ra of Vx, cc.
A tent fie:3 and tycs.^t row of the return shall by ria v!d.-d to b csat
r y.epseo:
•9. OCSStZSIGN OF PREMISES. The Lace€.r zinc'' the Lcct..;burg
ALj rt Stmmise,ion covenant that the"Lc)oece Ja°11 caa).ay quaet p:s:.a:ae..
of tie leaned prcitas pacvidod said Lessee rc_site~,; with the cn.c_nottn
otnta,nad hereir and siada tinea and regulations ata, protul7atcd t;+ the
Lee'sharg A.irptrt Cocai.ssioa and the Airport Er3iccer for the operation
at:d -safety o3 the entire eirp rt. Possession in to be m•srrcr. 2rcd to
the feiisse on the date this Lease becomes operat .uo.
10. rrnv' OD? 6TRUCTlON. The Lessee shall. h,:v0 'th3 right to
construct, nasntt+.Ls and operate uptn the leased premiers £% ah
L^tssee nay de:n =testacy and which 'clay be agreed to it ;:.titicg by
the Lcusor. The A recacnt of th:J Lessor shall. Alt be c c qtly
'.:.1Q!. Pner to the ntart of ctonst.tunt.i.cn of any re:: gadflies, Oar:,
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• :ad c;+,tif£catidas mot be ctabntt ted to the Airport Esgslacor e cgpaxJai
of conformance to t4ae.ter Plan and of structural doaign, Ricin 2t rsliticc
as nay be constructedby the Lessee shall beego the pr:2erty of t?y
tzsgtan at the c1 'iratiosa of thq term of 'the Waco Litho tt any +xy;;.at
from tate LceSor to the 14acee. •
In order to provide security. for Lamers a will' tto
cg otr, etion of such em ferdfjltit?a, the parties hereto agree 't';'pt v;.ch
improvements shall be the ratacz..a1 property of the Leasee, r,ri Cay bo
hold by a Lcmtoz under a chattel• cort;tGgn to cceare any 4obt inrtr ted
• for their canstructEony rntil such tice as the debt so eratst;,tcal An
discharged and the chattel mortgage released. •Upon parent rpt' tro in-
debtedness and release of the cccuritq inStrUeonto t$_3 new faallitir;s
shall bctteze a part of the real estate and the terns of the presc;tag
par.^jreph' shall then apply to the new fasil£ties. Sy ch svpt r e r_*a>t
Tae -approved iri eth enc by t e O^teil before, -it ttzatrieo cronsat ive.
• ii. Mil/TEM:CP,. Leong covenants that eirinp the Lfjttiaa tern
of this o Lcaz o or ray Qutensien.or rezeaa1 thgrcaf *at the Looscb c all
opento cod maintain ami heap ia goad repair all bmilditga or otter
facilities hereafter erected by Lessee. The Lessee shall he``p t:'ant
. partica.i of the airport aad appurtenances which is loused hersond a flees
from any cbx3tructien and in neat Lod presentable condition. Lessem
agrees to provide their owe senior and water facilities cast to pay their
c!aase of the cost proditated azo lard use forcular for the act:val .:1. slaa�
Led cutting of gross. .
• ' . A2. RUNWAY ADM4 TANIWAW MMNr r;ANCe. Lessee agrees to tahe all
stops consistent diel the .tgaiatioas of the Fedora1 Aviation Ag2Cty, to
p>terlt tf the operation Ca the lcaoed lnsana.gbo of aircraft of a cmight
0 '_os of that for which the uc raaV Pctl teat cy ficiiitace more ^s -
Ct3 e Lczcar: O0vcwtstu to peraoap•ar have p`s&oancd the atsGot3at;al
CaietentTca of *be =nova, taxitayo sods rcpt and to Stec:" a c"vintrt&n
thea .iia cos tion writable for -their eir ca tt lated use.- o Le3CoZ, its
c:5?ntop' emplayees and contrertcro oha$l have the r Wit of 9.n.gnciao cad
egress for said asainttaance end the right to prescribe zoace ahlo rules
anal regulations for the conduct of the airport cp✓ratieno chile repairs
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ate 5.;, ptogtrioso The Leu':e -"hall to ro, traib.le ter .no anA alt
otru tend repairs ca sed ty tte negligence of it° agents, ricrvinto, car.
•ployees.
• 13. UTILITIES, The Leese° shall be reGpanorible for azd
covenants prccptly to pay all heat, light, gas, olecttir4ty, cater anfl
eny ether utilities in or an Laid area leased.
14. COVENANT TO RS3il%LdD, In the event try of the a,%trvo prcmic r>
lei',ed to thz Lcscae are daetzoycd or damaged by fire or other cacaoity,
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the Lessee covenant° that it &tall rebuild said .ctrocteree, in the Daae
location,, ao cern as precticcble and of at leapt equal eioa and q ality
as the orin)inal. The Leocee shall be entitled to use the ptotc:3^, from
any and all inrurante paynentn for the reconstruction, rei:ctt ar,F ro-
b.J lding of any structures ahicb have been destroyed ot- don oeS,
15, ASSIGMMENT AND SUB-LBTTINO. Lessee shall not a4 any tic°
�.:,:ign this lease or any part thereof without the prior t)ai',tco co-ocrt
of the Leaser, pooviided, that the foacgoiacg shall not prevent the aac.1;,n-
moot of this Lease to any corporation with ohich Lessee may moron or
consolidate, or to the United Statex Goverment or any agency tbarcof,
nor will it prevent Leasee frac sub-lotting space eta any premises row
or hereafter leasee to Lessee hereunder, or in any buildings cr otacrt les
no owned by or hereafter, erected by Lessee on the airport to the United
Stitt r. Gci'erncent or any ag.gray thbreof,, or to scheduled air transport-
ation co ou,ies chs are L.easeeo at the airport, or to any person, rift,
or a oAporation performing services auxiliary to the business ref Lessen.
me se.ch sue-lotting or aosigatmont, however, shall release Leasee iron its
eb'w gations to pay any and all of the rentals, cha:gs end fcea pr:svid_od
herein or to perform all covenants and conditions herein. Except as
hsrei.n prooidcd, neither party stall aanign, tell, lease or nthor ice
disaane of its interests in the dool acd premises nor its rights or otli-
• geaoiona under this Lcaoo without obtaining the prior written crcocnt of
the other party hereto. Such consent mhil.l not be rnreaconetly withhold.
In respect to the preniGos :I.nr.gcd hereand rt
(a) The Lesaee agrees to operate the airport in accord to
with the obligations of the ;..eose^ to .twee Federal C.Averrcert uWC_:r tet O
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f'.'>ar Grrat t kgree7r.r t•ti bc`ttitc_` tho ter£n_,„: and the Pcdntal A..att r
• In Yertkcrantc of this gz_raral ccuen,ant, !'rt witicat Uaita. g
%^p:inability, thc Lcu'ce specifically egY cs to operate
the airport fca the une and Lenettt of the publi>; to make available
all a;.z:,c)'.. t factUttcs and °::wires to the sblic
• Y fa`esr t.atd YE'a.op.a,'*. o
t- a3 and iittr.at di 3triminatitr,;, and to provide space on the airport;
tj t`n eztcnt available, amyl to grant, mint) a. . prinlcce3 for use c3
the larding ata faCilitiea of the airport port to all guali tea percent],
`lms and norporatiottn dhniring to cxnduct aorora'ti;.al op rat.'c:-.0 cam,
The airrc*rt.
(b) It io apeti.lcally understood andngreed that rathtsg
hera ccntai ncd chatl be constztc:d as granting or aatD>arArtc g tte
grcz ting of an exrluusvo right oithin the meaning of 'Sectio t. 3.:."4 et tie
geearcl Aviation Act. •
(c) The Legator reservoa tt.e right to take any amt*.m it
ctn34er° necessary to protect thc aerial appzoacwe.^. of Thu airport
against rbstructicn, together with tte- right to prevent the teases; f ct
erectirg , or permitting to be erected, any !.ailding or ether &•trr.cton
en the airport which, in the oplinion of the Lessor, would Unit the use-
,
f nr3s• of the airport or constitute a haiard to aircraft.
•
' (c3) Thy Lernor. reserves the sight to ctevcicp or iapacve the
airport as it reed fit, rcgardh.3s of the desire:: or vicar of the Les„.2c ,
ani rtawut ir_tertorcree or h:ndronne on tho part .f the Lc5C 1,
(6) Thi•i ioace °hall bs' sabordinated to tte proeief..-*, a£ any
s,.<i.3+a'2g at f.ttote rgsecncnt entered into byttc;cr the Le360:7 rind tp<,
Uhitcd States to ettain Ped rtO. aid for the icprarccnt or operat„'_cn
ne caintc;a.r c of the airport.
• (.f) The Locoec will n:,t, On the grounds of race, nr
nat.-tete,' nrigin, diralim+nate or pernit tctru'iination cgainot dry percon
ar y-uap of persons in any manner prohibited by Part 15 of the Federal
Aviation Regulations. (The Leesburg Airport Ctimiisi n) chap. hose' the
' .qt't to take such anion he the' Federal Cuv,•ernacnt nay direct to c.nferc
that; /ctntitait.
•
•
r.
• - . .tt:.�. -H_ t.,i ilt LE.:ct:C. Pa �.?' .:�.' � .,{ t>-t.• L„ ' -
s, r; cf ry at th;'
( -1) Tic . *..:_•g to Le:>s 'c 'tf'j vs,turtary
pct •.•,•.ut ai' l;.'+.tii;tm;telt'
(.) the inot;itcsttcn of pa..aaectdango in bank,
n ptcy against LOQ6Cti and the adjudi^.ctiic.
of Lc.'zce as a b:arhr.p't parsuant to euet.
preceding;
(c) The taking by a Cc rt of coapetert jur-
ardiction of Lesser and its asaeto per-
:dant tcd prcccrdir..go brought undian the
prouicions of arty Fc.:crui reorganization
. . aj
(d) The rppot.nta nt of a tecdiv'er of Leanne's
a3.:C:t c; .
(a) Thp '3ivearttnre of Letute's r'ntate her,>r.n
b/ ether operation of lac:;
(f) ;hc: ,vhandcnetst or ees{uiio.'n of ocor. ttinet•
for a pc rind of mc (2) d-sys by Lessee.
(g) The default by Lessee tr the peafctns,r_e
of any cojenant or tq"e€:tent herein requite
to be pccfntced by Lee;c, ard the fai.. st o-
r;f Lessee to rrn:�dv math d_:fa•alt for a
pe•l.nd of fifteen (15) days after re@c4pt
,from Lessor of written Atc Me .C3 aenrd,y the
.acre;
(h) Nnn-pnvr_er't of the dans sed rent .t'or a fe>Acd
of ft.ftren (15) days alter it fr11; te.
If tho rent egrccd to te paid, including ill rtes• 3C72E cf
cr=y wr.t b ure-t the provisions hereof nay be conaidared <a' e'1itinr..d
' r1 ; :tall b in arrears in shale Of in part for fifteen (15) or earn
^,y: it�3ft tt Gl;,jr
distrain than aur. If Less:et? shall '!Klatt! '_'j? ca:-r.m t ,
;aci Uttq -he cotenant to pay rent, nacb by it in this Lease, i.e cc,r
cuy, at .its option? :=.e-enter the pec foes ar_ddsc•iat-2 this Luc-to and tae
tcnrrr.-y ?r:rrbp rrnatcd terr..na•:ed; and Lec&n' stttl". he er.ttt.Iod to the
tcnr`tt cf <s]1 prov.ist.ans of the laces cf th2 Ccnnorc,':.tth of Giagfin:.„
ae•pertfr.g the : perdy recovery 'M' lases and ter,neata held ewes by Lor te..;
or prcc: d,t.rg_, in fost:..ttc enrfl aid :eta ner and iay hold the Loesse
meet-ens/shit. fair ail dalaye;; i:nc:tudir:g rea:trnable cttorc?y fec-3.
X.' rattler of d_'itilr by Leser of any of the texr ‘2:..crants
'.Z !:t.nd-.t!tt' , F•sst to to stat panrlotnad, kept and ebt;ttrved by LCc,ace 317tail
se-•, t?uc"' ail Le '`r r";t. et r naive, 'if any e'ibseq ant e eiLivat of S'l3
t 'ens- , rfl r.;ntr. A' 11 natitliti,r ;: h=rc;i* ecnt'ainnd to t ? perfuc-' a,
✓ . ° _ t. . Tc • -. �,..�'. : c 't rt.t. . , s4 '. -' -
•ir::.' .:1 it °.cr a Ic ajit of :fl.; of tt .. .Crvri . and co d .Lj:n.,
u -c' rrr•:'aL.. '_l tc gi r -formnS, rc- t r; Lc ._;c' r•n...L P..`
dpiamtd .;.ili:. .- . ' r ` 41-ct :tn &be c-c'-t ')f Leaver, to o-ren.2' thio
. _ _< for ff`.La:JS:? ,V Let,r.. a to _• rergcrm, Ari:J or cti:Cs.e any r f 11'.
:rm.;r.t5 cc .Prind,.U.e7o of th, 5
1:. SI'R_RflDE4 Or MSS:WS/01. Upon the e. iratic+r ca set w-
3t...z' nt thit tectna c' r'; rciettaal thereof, Lest:a ei n rights f.0 t::fl tbtz.
7"i:C''.ic.e_., fecilitLc3, rights, licensee, servitor] and mrin F goo `t-or^tf
".c:!,ed shall Come and Lersee shall fc.rthwith upon rccb eatirar :aa or
nurrc'r_der the care to the Lessor. •
18. R10ET OF INSPECTION. The Lesrbr and :.tn •3ervart
of ctployeca shall have the right to make inspections of raid protons
at xoa anable tiioo in order to ascertain that raid Leser is r__niying
aith the terra and coa.3at,:ens of this Leas^. •
19. RECtiLATIONS AND RESTRICTIONS. The Lespea hereby :_yca:pc
that nothing contained in this leans shall to construed co gsaatirg oa\d
L ,,ea ata eseciuslue right° inccnristent filth Section 303 of the Ert sa
Aviation Ant of 1958 as thy' samo two exists and at son came may Cora-
after from time to time be c cn:lod together aith tho interprota?Ucto
thcrro8 pierfloated by th • Federal Aviation Agancy, or ac the para is
t;-t,'rprtcd by any Curt of conpeteit jurisdiction, and to the ext::!
Lea.>> :.0 to 3ncu,ter.t. it shall be conformed to said law a'tl re-
gula*::oar. This Leave in farther subject to all the coniittoms and
roi trictienr as contained and act forth in th^se c stair grant Agreem2.1t
•
between the Lessor and the Federal Aviation Agency.
20. • OO,inr ENCIRS. This Lcaea Sc subject to cnndi.ttoro psc-
cadent to ita becoming effective as not forth in Paragraph (2) ahoy°,
In that bmforc thin Leave is to be operative it nuc t be appro4cd by ea
-Fr.3trul A;iataon Agency and Virginia State Corporation Cc:emissicn. dr^
addition, thr cx d L n sec Aust secure all ncc scary pexcit3 for the r=.-
date of its spar2+tion at the saidairport and the nervier:: to bo can-
t•2ed tiltncb. In the event this Lease So dinapero'o^d by th' Peck:*ai
A•.6, tton Agency tit th, Virginia State Corporation Cormiss'..ct At then tta11
.
a2t:.^:at.caliy terrlrpt?, I'"::.,.ier, krt:s pa; t`..-t co-scaeat :t) use *eels
? ,Lt : kf. rt3 tc ,,?nre the r:c2csc :-y a i .Ne.e.n.it.0 app:.--.711 Us keret-
'.fle . t..sted.
21. ra TIC S. All catir.es than. he tont is I.eostr, c/o L.cott:.;-g
' it rptrt On:Les:or., flax 691, Leveta4g, Virg-rxi, ex to sat othuir icla:ea
ac L't^3ra .way in writing lea gnatc', and to the Rag.iste?ed '18:.r.t nE the
Rental pay:rnts shall be Dade payable to the Tsar.. e£ Lctst'.ar
�:c.d •h•ali be addressed in the pace canner ais Notices.
•
22. PELATLONSNLP CF PARTIES. the rt-latao_chip tot.cer. the
vatic', borate in L)=ely that of tandietd and Tenant and Goth in this
Yes:'. (hull he construed ns creating a partnership or jc .r:t venture b^-
twcea tho patties hereto and the L.ceabarg Airport CerSlosien in hcn.S'y
denignsted as an agent of said Toon of Leesburg, for the iu;.orv::s>...-a of
said airport as provided for in the ordinance eatzbi ghic2 the ^aid
The ator thtldero of Lessee ata2
Frark L. Cowles, Jr.
J. Coral= Kincheloe .
Roy A. Swayze
the=ca F. Latta;
w}), car_' o:r. 25G of the capital stock. Stook`to1de*e egxoc that in Lipo
cy. rt :f the chango of cajor StonshalCera, such changsc Fnnt be atpsotrd
by the Lessor.
•
•
TCN OF L.EESSIJRG IN VIRGINIA
• Dy •
. Mayor .
ATTrST,
(fE4L) •
' • Clark
Leesburg A pont Cemission
11
. ...#' fil Mar y
r
August 22, 1966
Mr. Kenneth B. Rollins, Mayor .
Leesburg Town Council
Leesburg, Virginia
Dear Mr. Rollins:
The purpose of this letter is to advise the
Leesburg Town Council that the Loudoun County School
Board will assume the responsibility for providing
for the handling of the storm water at the intersection
of Catoctin Circle and Belmont Drive in Prospect Hills
Development.
In assuming this responsibility it is the
• understanding of the School Board that the Town Council
of Leesburg will grant the necessary permits for the
immediate completion of this project.
Sincerely yours,
• H. Wendell Kline, Chairman
Loudoun County School ,Board
C. M. Bussinger
Division Superin ent
wgs
1 k