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HomeMy Public PortalAbout1966_09_14 261'' MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 16, 1966. ,t. A regular meeting of the Leesburg Town Council was held in the Council Chambers, : Leesburg, Virginia, on September lti, 1966, the meeting being called to order by the '. Mayor and with a prayer by Councilman Pumphrey. Those present were: Mayor Kenneth B. , Rollins, Councilmen C. A. English Cole, C. Maloy Fishback, Maurice R. Lowenbach, Jr. , Walter F. Murray, Robert A. Orr and John W. Pumphrey; also Town Manager James W. Ritter„ Jr. and Town Attorney George M. Martin. The Minutes of the regular meeting of August 2h, 1966 and the Special meetings of August 22, 1966 and August 31, 1966 were approved with general consent. a, A group of approximately 12 citizens were present, with spokesmen for this group being Mr. Fulton Want and Dr. Thomas Cox. Mr. Want addressed Council first, stating that this group wished to set the record straight, that they are not in opposition to --, a new Post Office, which they fully recognize is needed, but that they are in opposi- tion to locating such a Post Office in any residential area in Town where it might be detrimental to such area. Mr. Want cited a letter from the Post Office Department in which it was stated that various city officials have expressed favorable consideration for the Phillips site for a new Post Office and have shown no cause as to why this site should not be selected. He said he thought it time that Council take some position, either for or against, in this matter. He also cited a telegram from Senator Robertson, in which the Senator stated that only 16 property owners had objected to this tract, 50 and said that he had one petition in hand which represented more than 16 names, none Lo of whom lived on Cornwall Street or even close to this tract of land, and which petition C objected to this site. He' said that other petitions would be presented at. a later date. = He recalled that two years ago, rezoning on the eastern end of Cornwall Street was U sought by the same owner of the Phillips tract of land and that rezoning was not ac- t..) complished after opposition by property owners. He said he thought the responsibility of this Council was to the citizens of the Town, who had elected them to Council, not to a non-resident, and urged that Council take some action to learn the views of citi- zens regarding this new Post Office, asking that this be a public hearing, and that it be held at.the earliest possible time. He presented a resolution, copy of which is at- tached hereto, which would accomplish this purpose. Dr. Thomas Cox also addressed Council, however, as a member of the business com- munity. He said that the business men have expressed concern over moving the Post Office out of walking distance of the center of Town. He cited an instance where a Post Office was moved onto Route 7, thus creating a traffic problem, and where parking in the area had to be revised completely. He said there should be a long-range plan, as has been done in other States, as to whether there might be sub-stations, disbursing areas, etc. , so that no traffic problem would be created. He asked that the business men be allowed to express their views and submitted a proposed resolution to Council, copy of which is attached hereto. Mayor Rollins stated that this matter would be discussed at a later time. Town Manager Ritter reported that the smoke bomb tests had been started about two weeks ago and that a number of places have been found where there is infiltration, some being residences. He said that there is about 600 feet of old line running across the old Airport field which is leaking, and which contributes to thFe f4�}� dration. Also, ,there is a catch basin at the corner of Prince Street and Edwar8s/innd one on Woodberry Road which are. leaking. The Prospect Hills section checked out very good, there being only one leak in a yard. So far, 55 hours have been spent on this project. Mr. Ritter reported that Col. Plentl of the State Corporation Commission has advised that the $29,000 in State money for the Taxiway Extension at the Airport will be avail- able shortly after October 1 and that he would write and ask for this money. We owe Lyons Construction Co. $13,169 for Estimate No. 1 on the project, which is due on the 15th, but think he will be willing to wait a few days for this money. He pointed out, however, that this $29,000 will not last long and it will be necessary to go to the Balk , to borrow money by next month in order to meet the payments on this project. He called to attention the two bills owed to Earthwork, Inc. , explaining what these' bills are for, and how they were determined; also a bill in the amount of $15.00 from 0. B. Knight, all in connection with the Airport. He recommended that these bills be paid, stating that, since there is no money set up in the Budget for Airport items, they must come before the Council for approval. ' Mr. Ritter reported that, with regard to the Phillips-Nickels Well, the house has been finished, almost all of the pumping equipment is in, the floor will be poured 'very'"'— shortly, and VEPCO hopes to have all easements very shortly. 262 MINUTES OF SEPTEMBER llt, 1966 MEETING. • r He also called Council's attention to proposals from the three consultants regard- . ing the business license survey. Councilman Cole asked if there had been any further development on Potters' Field. `' Mr. Martin said that this will he argued the third Monday in October. • Councilman Fishback inquired about the balance due from the FAA on the Airport con- struction. Mr. Ritter said the FAA says they have not heard from the office in Jamaica, that this is a busy time of the year. Mayor Rollins asked for comments regarding the new Post Office. Councilman Fish- back stated that he feels there should be a Public Hearing, with Councilman Murray con- curring. Mayor Rollins set Monday, the 26th of September, at 7:30 P.M. in the Board of Supervisors' meeting room for such a Public Hearing, stating that this would be for .,n- opponents, proponents, business men and everybody who wishes to express their feelings one way or the other. He asked the Times-Mirror representative present to see that notice of this Public Hearing be placed in the newspaper. Mr. Ritter reported that only one bid for the !i acres of •land to be leased at the Airport had been received, that being from Dulles International Aircraft Corporation in the amount of 89,000 for 10 years, which is in accordance with the agreement. Upon motion of Councilman Orr, seconded by Councilman Fishback, Council voted unanimously that the bid from Dulles International Aircraft Corporation be accepted and the Mayor be authorized to sign the Lease on behalf of the Town. - Mr. Cowles, representing Dulles International Aircraft, said they would like to provide personal surety on the bond and that he believed everybody was ready to sign such a bond. He was asked to prepare this bond and send it to Town Attorney George Martin. The Chantilly Aviation Performance Bond was discussed and Mr. Cowles, Chantilly's attorney, asked for another week to redraw this Pond. Mayor Rollins asked that he do so and have the Bond executed. • Upon motion of Councilman Fishback, seconded by Councilman Orr, and there being no objection to considering this matter tonight, the following resolution was unani- mously adopted: • BE IT RESOLVED by the Town Council of the Town of Leesburg, that "No Park- ing this Side" signs be placed on the west side of Ayr Street, between Loudoun and Market Streets. Upon motion of Councilman Murray, seconded by Councilman Lowenbach, the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that, because - it is impossible to settle on the Dunn property on Sept. 15, it will be necessary to extend the settlement date to Oct. 15. Councilman Lowenbach explained that $500.00 apiece is owed to Mr. Shreve and Mr. Saunders for rights-of-way taken in the widening of the road to the Airport, which is an obligation of the Airport Commission, and which eventually becomes the responsi- bility of the Town. He stated that the Commission is still negotiating with the Board of Supervisors regarding the $2,500.00 the Supervisors had at one time given •to the Commission, but which was withdrawn due to objections ruled by the Commonwealth 's At- torney. However, the reasons for which the Commonwealth's Attorney objected have now been removed and it is still possible •that the Commission might receive this money. Mr. Caulkins of the Airport Commission said that there were three property owners who wished compensation for their rights-of-way, Shreve and Saunders, the other being Colonel Grenata, •who dealt directly with the Council and who,: the Council paid at the time he signed the right-of-way. He said he thought Mr. Shreve and Mr. Saunders should be paid this money and he believed if the Mayor would appear before the Board of Super- visors; they might look into this matter further. Upon motion of Councilman Pumphrey, seconded by Councilman Lowenbach, Council voted by roll call vote of 6 to 1, Council- man Cole casting the negative vote, that the Town pay Mr. Shreve and Mr. Saunders $500.00 each for rights-of-way, said funds to •come out of the Airport Account. Mayor Rollins explained that development is going on in the western end -of Town -. where Catoctin Circle would eventually go through this land, with both the Lutheran ':Church making plans for building and Rock Spring Subdivision having been approved by • 263 MINUTES OF SEPTEMBER 10, 1966 MEETING. the Planning Commission, and he believes Catoctin Circle should be staked out in this section in order to prevent any building on the right-of-way. Upon motion of Mayor Rollins, seconded by Councilman Fishback, Council voted unanimously that the Town Manager be authorized to have Catoctin Circle surveyed so as to establish its boun- daries in accordance with the Town Standards between Dry Mill Road and Route 7. Upon motion of Councilman Pumphrey, seconded by 'Mayor Rollins, the following reso- lution was placed on the floor for discussion: • BE IT RESOLVED by the Town Council of the Town of Leesburg, that an appropria- . I tion be made in the amount of $250.00 to build curb and gutter on the west •-•••side of Church Street, from Market Street to the Parking Lot, provided the property owner builds, at his own expense, a brick sidewalk between Market Street and the Parking Lot. Mayor Rollins explained that Mr. Harrison did not wish to replace the portion of side- walk running alongside the old Harrison Building, therefore, this portion of 'sidewalk would be the responsibility of the• Town. After discussion, upon motion of Councilman Murray, seconded by Councilman Lowenbach, Council unanimously voted that this matter be referred to the Street Committee. xj Upon motion of Councilman Orr, seconded by Councilman Fishback, the following 1.0 resolution was unanimously adopted: C . WHEREAS, the Town Manager was authorized by the Town Council to ask for bids Vfor painting the l? m.g. Standpipe, and • WHEREAS, two bids were received, the lowest bid being 36,802.00, and WHEREAS, since the receiving of bids, a discoloration of water in the system has been discovered, which has been traced to the Paxton Well, NOW, THEREFORE, BE IT RESOLVED, because of the aforementioned condition, that the painting of the tank be delayed until the Spring of 1967, when conditions should become more favorable. IUpon motion of Councilman Lowenbach, seconded by Councilman Fishback, Council unani- mously adopted the following resolution: BE IT RESOLVED by the Town Council of the Town of Leesburg, that an ap- C propriation be made in the amount of $315.00 for the purchase of a Port- ~ able Light Plant. • Two bills from Earthwork, Inc. for engineering services were discussed, with letters from Colonel Paxton and Mr. Hammerly of the Airport Commission concerning these bills being read. Mayor Rollins suggested that Colonel Paxton be asked to attend the next Finance Committee meeting to discuss this matter. Upon motion of Councilman .Fishback, seconded by Councilman Cole, Council unanimously voted to pay O. B. Knight $15.00 for services regarding the Taxiway Extension at the Airport. Upon motion of Councilman Lowenbach, seconded by Councilman Fishback, the follow- ing resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that an ap- .- . nropriation. be made in the amount of $3,006.50 to pay Atlantic Pump and Equipment for furnishing and installing pumping equipment at the Phillips- . Nickels Well, this amount being 90% of the contract figure. Upon motion of Councilman Lowenbach, seconded by Councilman Murray, the following resolution was unanimously adopted: i BE IT RESOLVED by the Council for the Town of Leesburg, Virginia, that the Town Manager be and he is hereby authorized and directed to have the fol- lowing advertisement inserted in the Loudoun Times-Mirror for publication • on September 22 and September 29, 1966: PUBLIC NOTICE ' Notice is hereby given that a Public Hearing will be held by the Council for the Town of Leesburg, Virginia on October 12, 1966 at 7:30 P.M. in the Council Chambers, 12 West Loudoun Street, Leesburg, Virginia, to consider a pro- posed amendment to the Leesburg Zoning Ordinance. 264 MINUTES OF SEPTEmBER lb, 1966 MEETING. Said proposed amendment is to add to Article 15 a definition of a-sign, definitions of types of signs, and definition of a sign structure. Copies of said proposed amendment may be viewed in the Town Manager's Office, 12 West Loudoun Street, Leesburg, Virginia. At this hearing all persons will be heard as to their views pertinent to said proposed amendment. BY: Kenneth B. Rollins, Mayor , Town of Leesburg, Virginia The real estate brokers ' license fee and the possibility of making a study of the complete Business License Ordinance were discussed at this time, with Mayor Rollins stating that he wanted a definite decision to be made on this matter at the next, meeting. Mr. Jack Williams of Johnson and Williams gave a progress report on the various items on which his Company is working for the Town. He said that most of this work is concerned, at the present time, with securing easements for the interceptor sewers. The plans on the sewer plant are progressing satisfactorily and should be completed by the Water Control Board's deadline of January 1. Councilman Fishback said he thought these plans were to be completed in time to let bids on this work this fall. Mr. Williams explained that no permission would be given to let bids until spring. He said the preliminary plans have to he submitted first (they are 75% complete), everything is done except the final construction details. He said they are preparing architectural rendering for the County. Mr. Ritter said he did not believe the County Planning Commission was interested in anything other than construction plans. Mr. Williams also reported on the water study being made for the Town by his firm, stating that when the tests on Big Springs were completed, this report would be sub- mitted to the Town. He strongly suggested that the Town take steps to start getting permission to use water from the Potomac River, whether the Town ever uses this water or not, it would be wise to be high on the priority list. He said it would probably take six months to get authorization for this and that the Town will not have lost any- thing if they never use it. He said his firm would charge nothing for this, it would be included in the water study being made. 111 Mr. Williams submitted to the Town Manager a written progress report. Upon motion of Councilman Cole, seconded by Councilman Orr, Council voted unani- mously that Johnson and Williams be authorized to open negotiations requesting the State of Maryland for authority to make use of the Potomac River as a potential water supply source for the Town of Leesburg, Virginia. Councilman Murray, as Chairman of a committee appointed by the Mayor to discuss sewer easements with property owners, reported the following: He said he had contacted Mr. John Ours and that he is ready to sign any time; Mr. Alberts said he had turned his over to his attorney and Mr. Murray left word with the attorney that he would like to discuss this matter with him about a week ago; Mr. Pierpoint, representing the Saunders' interest, stated that they wished to be allowed to make any hook-ons where the line crosses their property, so that in the event the property was ever sold, the buyer would not have to go across the road to accomplish this. Mr. Martin has redrawn this easement, granting such hook-ons. Mr. Murray said he had written a note to Mr. Kincaid and that he had talked with him since, Mr. Kincaid stating that he had received no information for several months, not since the Town has decided to build an entirely new plant, rather than a holding pond. Mr. Jack Williams said that he or some member of his firm would be glad to meet with this committee and the property owners at no charge to the Town. Mayor Rollins stated that he thought the committee, along with Johnson and Williams, should decide on how much the Kincaid land is worth now and make an offer. Councilman Fishback suggested that this property be reappraised and offered the following resolu- tion, which was seconded by Councilman Murray and unanimously adopted: BE IT RESOLVED by the Council for the Town of Leesburg, that the Town Manager be authorized to have the acreage and easements for the present location of the sewage plant appraised. There being no further business, the meeting adjourned at 9:30 P.M. d — Ck Mayor yor l c ti • � � _ Clerk of the Council ti- 'TH I S LEASE I �• made this 0:2 I___ day of ati , J964‘ by and between the TOWN OF LEESBURG IN VIRGINIA a municipal corporation, here- inafter referred to as "Lessor" , and DULLES INTERNATIONAL AIRCRAFT CORPORATION, hereinafter referred to as "Lessee" . WHEREAS, the Lessor owns and has constructed an airport l\,� facility known as the Leesburg Municipal Airport, Godfrey Field, 1 a Loudoun County , Virginia, and wishes to lease portions of the said property for the purpose of implementing its use for the , benefit of the Town of Leesburg and for the benefit of general aviation users, and • WHEREAS, Lessee is a Virginia corporation engaged in the sale, lease, maintenance and operation of aircraft and wishes to lease a portion of the Leesburg Municipal Airport, for the purpose of conducting thereon a part of the aircraft operations of Lessee, 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 hereunder is that portion of the Leesburg Municipal Airport , Loudoun County, Virginia, which is described as follows: Beginning at a pipe (1) in the westerly right-of-fay line of State Route #643, 25 feet off center line, a corner to other land of Airport (leased by Blue . Ridge Aviation) , as shown on attached Plat hereby made a part of this des- cription; thence running with said right-of-way line, s 02° 06 ' 20" E, 383.41 feet• to a pipe (2) , a corner of other land of said Airport ; thence . leaving said road and running with said • other land of Airport the following_ three courses and distances: S 76 24' 50" W, 425.57 feet to a pipe (3) ; with a line parallel to and 320 East ' of the center line of the runway of said Airport, N 13° 35' 10" W, 375.74 1 . . . Jei / . • __— -- ZA • • -2- • r3 feet to a pipe (4) , a corner to Airport . land (now leased by said Blue Ridge Aviation) ; and N 76° 24 ' 80" E. 801 .88 feet to a point of beginning; cont- aining 4.0000 acres. . and together pith the use, in common with others authorized so to do,' of the "landing area" , "air navigation facilities" and all other facilities open to the public upon the Airport. 2. TERM OF THE LEASE. The initial term of this lease shall be for a period of teni(l0) years commencing from the first, day .of the calendar month next ensuing after the time of execution of this lease. There shall be a right on the part of the Lessee to renew said lease for an additional period of " ten (10) years at the option of the Lessee under the same terms and conditions of the original term except as may be hereinafter set 'forth,,'provided six (6) months Written notice io given, . prior to the expiration of this original term, to th0 tlayor of the said Towh of Leesburg and to the Chairman of Leesburg. Airport Commission. 3: COUPLIANCE WITH APPLICABLE LAWS APIA RI!GULATIONS. The 'Lessee covenants that it will comply, with all Federal , State and Local lays, ordinances and regulations regarding the operation of the airport facility and that are applicable to its ,aircraft operations. The Lessee covenants that it will save harmless the Lessot from any violation by the Lessee of such laws, ordinances and regulations. . • 4. INSURANCE AND BOND. The Lessee agrees to carry and maintain, with a responsible insurance company approved by the Lessor, insurnnce in amounts not less than those shown in the following schedules: (a) Premises liability insurance of 60,000.00 • including bodily injury and property damage coverage; • 1 -3' (b) Workmen's Coapoasation insurance as required Ii . _ by tho appropriate lave of the 'State of Virginia; (c) Eire and extended coverage, vandalism and malicious mischief in the following amounts: G �� .0) H (d) As new structures are erected, fire and eu- , tended coverage in ari amount equal to its fair insurable value. , (e) A bond to insure the faithful performances by the Lessee of all covenants, conditions, stipulations and prompt payment of the • stipulated rent in an amount equal to ten I I times the stipulated annual rental for the 's • original term of this lease or renewal thereof to be furnished within ton (10) ` days from the tine this lease becomes operative; Lessee may submit, in lieu of the said bond, such other form of security for the performance of Lessee's Obligations under this lease as the Lessor may approve and accept. I . Lessee agrees that all insurance policies will contain an appropriate endorsement shoving the Lessor, as additional insured, ' as its interests may appear, with a thirty (30) day notice of cancellation clause: Certificates fium tho insurance company shoving the coverage carried, 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 sane and charge 'the Lessee for the sane. . 5. LIABILITY INDEMNITY. Lessee agrees to cave ha mleao dad indemnify the Lessor from any .judgment recovered by any one for personal injury or property damage sustained or claimed to have been sustained by reason of any of Oa rights granted Lessee by this agreement or any activities conl,cted by the Lessee at said Airport and shall pay all oupensea and costs in - defending against Any ouch claire made. agoinrt the Lector prbvidod6 homovor, that tho Leasee shall •not. bo , liablo fo v any I damage, injury or loss occasioned by the negligenceo2 the • Looser, itd agents 'or caployocb. • , . 6.. .co d.IAR'tu' VITO APPLICABLLi LAU. • Loanoo .aCroop to . , Cobply vith• all local, state and federal statutes, ordiagaces oi ,regulationo, and to obtain all necessary permits for the lawful Operation of the facilities leaned hereunder. .Looser covenants that the airport facilities leased hereunder orb ' located in accordance with existing lava of tho Than of Leesburg • and Loudoun County, Virginia. Any, action tatjea by, tho governing body of the Toon of Leesburg, County of Loudoun, CoMboavoalth of Virginia or the .United Staten of Acorica •vhicb mot's° imp000ihlo 'or uulavful the oporation 'of tto Wcpsoci • facilitioo for a ported of oiaty (60) days 02:coro ohail • give the Lessee .the option to cancel and tor{lifato this loose. 7. SCOPE 02 Opat3ATIOWS. Lessee silo, Operate upon the leased premises the sales, rental, charter and maintenance operation relating to the aircraft for which b psee is a dealer. Lessee may also conduct flight training operations and other operations and services related to general aviation without limitation to those services enumerated. heroin. Such operation shall be that of a first clasp Shod base ' 'operator. • 7(a) . Lessee will maintain and °porato at .tho airport, as a minimum; the follovirg aircraft, or the equivalent thorcaf, Tto-- teeny Cart; 21; single angina, four oast aircrpft; • ono - Cessna 180, single ongiho, • tvo•coat aircraft. ' . -8- • 8. •RIXST•RESRRVtD.. Lessee agree() to cay to Lessor, ao rental for the premises leaned hereunder, the .base sum of MINS • THOUSARILDOLLARS ($9,000.00) foi the first ton (10) year torn of lease. Payment, in the amount. of pEVENTV-FIVE BOLLARD 1 . (078.00) shall ta nada on the first day Of pach nogth, ooginnina cith• the month in which- thi° leas9 boccoo offcpti®o pod continuing through the one hundred ninetoen co lhQ QOzt • . oucceedigg. In addition to tho boo pun oat forth gbavo, Loocco shall lay to Locoor a sup equal to opo los eontvn '(143) of to' • L00000'o gross baled in 0400'00 '0f T 3B fi0I nm iimv nitrn DOLLARS (0380,000.00) , tar tan yopr of the Lobooe, up to a banlpun o'f FIVE HUNDRED 'P= OSA = DOLLARS (0a000000.00) , casco macs $or tan yoai. • If the Looses ohould enerolgo its option for the second • / ten (10) year torn, the baso rental 'for. tpp said torn fill .bo ONE ¶ A Wt7D0' TUREE PIM DOLLARS (0a6$Ub.00) 0 bo ' paid 'in monthly payments of ONE av}manD IWELVp `Tuts G0/100. DOLLARS (0112.80) duo on the first day of each Of tho ora ltundsgd twenty months npnt oucccoding after no cad. ®f tho' 'Original tern of thin looms. In addition to the ba, L:.i mot forth above, tbq Loaace shall pay to the Loabow a Oki ca.l to pine per centum (155) of the gross sales of Lesaoo in cat"? off . THREE HUNDRED MTV THOUSAND DOLLARS (3380,000.06) par .tatz yoar of thel Loosoo, up to a ,narsinum of owp LIILLItT Dt)l.LAAH (91,000, 000.00) gross sales per tet year.. • . ' • The sum. due according to the calculation of ono p;rra cant .of .gross receipts ao sot forth in the two pasagrapto innediAtely preceding, shall bo duo and payable within three (3) months of the close of each Lessee's tauabio year. Tao • calculation of the Gun duo Shall be made fren t (poaotrocoipto Shaun on tho Federal intone tan return of Lompoc. A cortifiod and sworn copy of the return shall bo 8rovided. to Loccar by Losses. • 9.. POSSESSION OP PREMISES. The Lessor and tho Leesburg Airport Commission covonant that the Leasee shall enjoy quiet possession Of the leaned premises provided said Loose? complie° vith the covenants Contained heroin and ouch rules and rogulationa as promulgated by the Leenburg 'Airport CCmm%soion' and tho Air- Pert Engineer for the operation and safety of the entire airport. Posseobion io to be surrendered to the Looaoo:02i Oto Bate 'thio lease becones 'operotive. 10. NEU CONSTRUCTION. The Lessee shall have tho right to construct, maintain and operate upon the leased prcmines t ouch facilities as Lessee may deem' pecossary and elhich may be agreed to in vriting by the' Lesoor. The agreement of the Loocor shall not be unreasonably withheld. Prior to the start of .eonstrgction of 'any nev facilities, p1anotand. specificationn Aust be submitted to the Airport Engineer for approval of Conformance to deafer Plon and of Structural design., Such 'fncilitiaa as nay be conntruetod .by the Lggsoe oballobrscmo'tbo .property of the Lessor at the oupiration o2 the' torusof the1 Lose vittgout any payment from the Lessor to .thq Leoo000 ' In orderto' provide Maturity for Londero gho.oill finance the construction. of ouch nov •facilities, the• partioo 'aosoto agree that such improvements shall he the peroonal proroposty of the Lessee, and may be held by a Lender under .a chattel, mortgage ,t0 secure any debt incurred for their construction, until Much time as the debt so contractedis discharged and tho, chattel mortgage, reueased. Upon payment of the indebtodnesa and release of the security instrument, the now facilities shall bcttto • a .part of the 'real .estate and the termsof the preceding! 1 . . 1 • paragraph shallthen apply to the nee faciliticb. • bitch cortftnge must be approved i•n advance by the Council Moro it Weisz= operative. • ' 11. MAINTENANCE. Lessee covenants that •during the initial term of this lease or any ©utonsion or roneval thereof that the' I:essoe shall 'operate and maintain and hoop in (iced.• repair all building(' or other facilities' ttere4ftorerectod by Lessee. The .Leasee obeli Weep that portion of. tho airport and • appurtenances vhich is• leased hereunder free from any ebotrnction and in neat and.probentable condition. Lioseo agroca to provide its ova sever and eater facilities and to pay its, 4, share of • the cost predicated on land used formula for tho removal of' snov and cutting of grass. 12. RUNCIAY AND TAXIMAY MAINTENANCE. Lossee.agroes to take all 'steps consistent with the .regulations of the Federal Aviation Agency, to preclude •the• operation on the leased preniaee of aircraft of a veight in cameos of that for vhich. the vunvay ' • and tauivay facilities vera designated. LeOoor covenanto to perform or have performed the structural maintenance of the runvayp, •taaivay© and ramp. and to keep and maintain itta in • condition suitable for their contemplated use. The Loocor, its agents, employees and contractors shall have the right o2 ingroco and egress for Said maintenance and the right to prescribe • reasonable ruloo and regulations forthe conduct of tho- airport operations vhils repairs are in progress. The Lessee shall be • iresPonsible for any and all structural repairs caused by-tho • taegligencA of . its agents, servants, or employees. r . 13. UTILITIUS. The Lessee 'ohall. be rooponoiblo for and covenants Promptly to pay all heat, light, gas, electricity, • ' • ._ • • • • I I • . • -8- voter and any other utilities in or on said area leased. 14. COVENANT TO REBUILD. In the event any of the above premises leased to the Lessee are destroyed or damaged by fire or other casualty, the Lessee covenants that it shall rebuild said structured, in the save location, as soon ao practicable and of at least equal size and quality as tho original . The Lessee shall be entitled to uco the proceeds from any and all insurance payments for the recOBO¢ruotioni repair end rebuilding of any ott•uatures ohich have been destrayod or damaged. A , 18. ASSIGNMENT AND SUB-LETTING. Lessee shall cot at any titer assign this lease or any .part thereof without the prior written .consent of the Lessor; provided, that the foregoing shall not prevent the assignment of this lease to any . corporation with which Lessee may merge or consolidate, or to the United States Government or any agency thereof, nor will it prevent Lessee from sub-letting space on. any premises' now or hereafter leased to Lessee hereunder, or in' any buildings' or a.tructureb .now owned by hereafter erected by Lessee on the airport to the United States Government or any agency thereof, or to schedule air transportation •coapaines'vho are Lessens at the airport•, or to any person, firm or corporation performing services auxiliary to the business of Lessee. No such sub- letting or assignment, however, shall release Lessoo: frco its obligations to pay any and all 'of the rentals, charge and foes provided herein or to perform all covenants. and conditions herein. Except as herein provided, 'neither party shall assign, sell, lease or otherwise dispose of its interests in the demised premises nor its rights or obligations under this loose with- out obtaining the prior written consent of the other party . fl _ • .., • r� . •. • • _9_ hereto, Such consent shall not be unreasonably withheld. In respect to the premises leased hereunder: (a) The Lessee agrees to operate the airport in acc- ordance with the obligations of the Lessor to the Federal Government' under those certain Grant Agreements between the Lessor and the Federal Aviation Agency. In furtherance of this general covenant, but without limiting its general applicability, the Lessee specifically agrees to operate the' airport for. the use and benefit of the public; to make available all airport facilities and services tb the public on fair and reasonable terms and without discrimination; and to provide space on the airport ; to the extent available, and to grant rights and privileges for use of the landing area facilities of the airport to all qualified persons, firms and corporations desiring to conduct aeronautical operations on the airport. . (b) It' is• specifically understood and agreed that nothing herein contained shall be construed as granting or authorizing the granting of an •exclusive right within the meaning Of Section 308 of the Federal Aviation Act. (c) The Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent the Lessee from erecting, or permitting to be erected, any building or other structures on the airport which, in the opinion of the Lessor, would limit the usefulness of .the airport or constitute a hazard to .aircraft. • • -10- • (d) The Lessor reserves the right to develop or improve ' the 'airport as its sees fit, regardless of the desires or views of the Lessee, and without interference or hindrance on the part of the Lessee. (e) This lease shall be subordinated to the provisions of any existing or future agreement entered into between the Lessor and .the United States to obtain Federal aid for the improvement or operation and maintenance of the airport. (f) The Lessee 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 prohibited by Part 15 of the Federal Aviation Regulations. The Leesburg Airport Commission Shall have the right to take such action as the Federal Government may direct to enforce this covenant. 16. CANCELLATION BY LESSOR. The Lessor may cancel this lease, 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 bank- ruptcg against Lessee and the adjudication of Lessee as a bankrupt pursuant to such proceeding; (c) The taking by a Court of competent jur- . isdiction of Lessee and its assets pur- ' suant to proceedings brought under the provisions of any Federal reorganization act; (d) The appointment of a receiver 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 two days by Lessee; (g) The default by Lessee in the performance of any covenant or agreement herein required to be performed by Lessee and the failure of Lessens to remedy such default for a period of .fifteen (15) days after receipt from Lessor of written notice to remedy the same. . C . I -11- ' , . (h) Non-payment of the demised rent for a period of fifteen (15) days after it falls due. 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 arrears in whole or in part for fifteen (15) days or more, Lessor may distrain therefor. If Lessee shall violate any covenant, including the covenant 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 ba .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 terns, covenants or conditions hereto to be performed, kept and ob- served by Lessee shall be construed to be or act as a waiver of any subsequent default of any of the terms, covenants and conditions herein contained to be performed, kept and observed \I 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 performed, kept and observed by Lessee, shall not be deemed a waiver of any right on the pain of the Lessor to cancel this lease for failure by Lessee to "perform, keep or observe any of the terms, covenants or condits of this lease.17. SURRENDER OF POSSESSION. Upon the expiron or termination of this lease or any renewal thereof, Les 's rights to use the premises, facilities, rights, licen , services and privileges herein leased shall cease andssee shall forthwith upon such expiration or termination. oender • the same to the Lessor. c • • -12- 18. 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. 19. REGULATIONS AND RESTRICTIONS. The Lessee hereby agrees that nothing contained in this lease shall be construed as granting said Lessee any exclusive rights inconsistent with Section 308 of the Federal Aviation Act of 1958 .as the cane now exists and .as the same may hereafter from time to tine bet amended together with the interpretations thereof pronulgatedl 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 the conditions and restrictions as contained and set forth in those certain Grant Agreements between the Lessor the 'the Federal •Aviation Agency. • 20. CONTINGENCIES. This lease is subject to conditions precedent to its becoming effective as set forth in Paragraph (2) above) in that before .this lease is to be operative it oust be approved by the Federal Aviation Agency and Virginia State ,Corporation Commission. In addition, the said Lessee oust secure all necessary permits for the conduct of its operation at 'the said airport and the services to be conducted t71nre. In the event this lease is disapproved by the Federal Aviation :Agency or the Virginia State Corporation Commission it then shall automatically terminate; however, both parties covenant to use their best efforts to secure the necessary and requisite approval as heretofore stated. • . • y 1 II • - 13- \ • 21. NOTICES. All notices shall be sent to Lesoor, c/o Leesburg Airport Commission, Box 691, Leesburg, Virginia, or to such other place as Lessor may in writing designate, and to the Registered Agent of the Lessee. Rental payments shall be made payable to the- Toon of Leesburg and shall. be addressed in the same manner as Notices. 22. RELATIONSHIP OF PARTIES. The relationship between the parties hereto is solely that of Landlord, and Tenant and nothing in this lease shall be construed as creating a part- nership or joint venture between the parties hereto and the Leesburg Airport Commission is hereby designated as an •agent , of said Town of Leesburg, for the supervision of said airport as provided for in the ordinances establishing the said commission. • The stockholders of Lessee are: • Frank L. Cowles, Jr. • J. Gordon Kincheloe Roy A. Swayze . Thomas F. Latta, who each own 25% of the capital stock. Stockholders agree that in the event of the change of major Stockholders, such changes must be approyed by the Lessor. TOWN OF LEESBURG IN VIRGINIA By Mayor 'tIF 'EST: jSEAL) �^o-� '' • ti . • or. • Leesburg j- • .rt Commission ,a e —aa— • - • • r DULLES INTERNATIONAL AIRCRAFT C(' .,, TION • By • /f � c .i ,' S. 'il • Sy es /Ar,"AA ry` ;', ,G "ROY A A. SCJJIYZE, Sect tat ��.• 7_. 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A :-;• i-jokitit oF "..:LEctSiilitr-e : I i$,.•,.10F.. 0;NtAT.'1 NTiki SIT.0. 1,I T5.ilo II I igNp" 'ittip HAVING ; '.- ' :.' ;IN" ;i1iiiii- iiE.-;tACT T‘HAT.: .TI1E1 FF.OENAL 'OOVERNMEISITAS.1 LICONSIDER- THE: .• : 1 ' • . 4: • W I SHES' OF THE LOCAL:CITIZENS .WITILOESPECT:TO:TIIE7-:1.0CAT I ON- OF ;THE'. .,.. ' '• NEW •.;POST 'OFFICE: 4 ii1 } :,1,- •. ' r'- ' -- , "'' ; .: ' -,` . ' -,•-) ••:, " • .• - :,',-, ... ''. -r ...,-- : ;•e•'- SE:;.TH Eli F.011E: ;14• 1*-1,,RE101-.-V. ED,-.IVO' ' 00.81'..IC-:11 401 isip. BEHELD• ..• .. • iiti .,:. .- , -...„' '.,..., . d.• ‘-:?:;'. :' ' - 'TO OETERti I NE-tTHE .V.1 Elsa'OF .THE CITIZENS 7 - ' • •••-•'• .-..,.; ;4- , :-: -, • • • ••• • •,•: ..,- - -• • - •.)',.., ;•-•: -- ' ••• " • NEOAbi Nek:ISHITAliit1.OtetT 1614,6 FIA.: N 651.;.-001: ,OF,F1 CErTO. MEET;THE '',.. : ". :1 :. ..• : .., .-: - ;;: ..: ..- •-;•„. 11/ ..,., .0...,' r - :.3,",:.;-A:d74 ,,-,... ,•ry .. . - •../.!.; .;.,. ; im. A . . .44 t- . 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'A -• • •-1-1 ,.3)- .i ' ,, , . • • .".4'. .:1. :'. .-.,..T.,-;-.?d '. ,:;,4.. ..-,, T", '•;.,,,,' -.iT':-..-",./...-:7%., : -, ,,:., -• ::-. ',.T.g.'''i :-./.. ;-j.,,t,•--.. :•', .'. ",...;‘. - :; ,12 -fis.,,Y: . . , . . , . I '-; • rt , :.: ?, - - :; ..':, ...:,_ :., ••_, ,T. •... .:.4. -.; te:g• ..: -.5:-.. _ ,i•-. t.- • ',-T ... i.:,•;.,,,,- •,- :,•,‘• T...., ,Ts. --. :1_";:c4i.c!1_ . ;,t:. T.1- 4 :::',.4.1:" ••'' T4;,,, - t 'TX':,:•4-. :,...,.- '.:,"•T .it-" -',; :s4-1.44.1,:. -,.: . ..T.:-.1.'.4'?.11-/-.--. 7-11-,14-1- • : 1. • -', • Y'..` ,'. • 9'4 ' •• . - , 4„ 4...'..:.-.1•:-; 1. • Te .7-. .. • ;'. .C, - :- . '- '; : -, ', t' • .-- .. - ." '• '';' ;" '. -..4. ?le' • ' ' -•..- 1 ''. . 3 E- z`• -:•' -• • ter' "*. .,, 1 Whereas, a new Post-'Offibe is proposed•for Leesburg and ra. (' } some'controversy has arisen concerning ;its Iocateon : 4 t Nod therefore"befit resolved;that' '` : e PostOffice • `w" +„ :\ 11/4 ._ w :f: A4 : -+: :.) t;.ia,_f :# - ':committee_ i e„ hereby=;establ i shed,{•shoe& membersh i p. shall `•' • be three, selected 'by the".•Torn• Councsl ;One member each •. ,;to (Iasi from he: Board of Zeming A . • the, ppealse..ahis ,Councj:l , and ..the Tearer,Plannilig Comioisalon.. ,z , P,' ` The Post,Office' Committee is. directed for ' I . Consult With the:, Post Office concerning, s;ite ' 2.:,Seek 'and examine :appropriate Post Office sites, , - a ; "having reference;to their convenience;` safety, location, price ,and zoning.' f .-. . " 3.: Report their recommendations to this•"Council . :- r •,for, its guidance within days." -` \ .r. .\ .fes -r• l. - . t — j a � r