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Home My Public Portal About1986_09_30_R209cgs~urg in ~Virginia RESOLUTION HO. PRESENTED September 30, 1986 86-209 ADOPTED September 30~ 1986 ACCEPTING A COMPROMISE AND AMENDING THE LEASE BY AND BETWEEN PROFESSIONAL PILOT SERVICES AND THE TOWN OF LEESBURG A RESOLUTION: WHEREAS, the issues involved in the suit, At Law No. 8745, between Stephen W. Leckey, t/a Professional Pilot Services, and the Town of Leesburg, et als have been resolved; and WHEREAS, the lease dated 3une 23, 1986, by and between Professional Pilot Ser- vices and the Town of Leesburg must be amended to conform to the terms of the said compromise: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as fol- lows: SECTION i. The lease by and between Professional Pilot Services and the Town of Leesburg is hereby amended pursuant to the terms of the letter dated 26 September 1986 from Alfred J. Horvath to Deborah C. Welsh, which sets forth a compromise in the above referenced suit. A copy of said letter is attached hereto and made a part hereof. The terms of the said compromise as set forth in said letter are hereby accepted by the town. SECTION II. The mayor is hereby authorized to execute any and all documents necessary to amend said lease upon the condition that said documents are reviewed and approved by the Town Attorneys and executed, prior to review and approval by the Town Attorneys, by Stephen W. Leckey, t/a Professional Pilot Services. SECTION II~. The attorneys for the Town of Leesburg are authorized to compro- mise said suit pursuant to the terms of the letter and are authorized to sign the documents necessary to facilitate the compromise of the same. RESOLUTION - AMENDING LEASE BETWEEN PROFESSIONAL PILOT SERVICES AND TO~ PASSED this 30th day of ATTEST: Town of Leesburg e k o ~nCil CAR. UTHER. S, BUSCHER & CARUTHERS A PI~.OFESSION^L CORPORATION ATY'OR. NE¥$ AND CC)UNSEILOFCS AT LA~'C ~co00 MAIN STR. EET, SUITE 400 FAIR. FAX, VI P,.C. INIA 220Bi (?o3) 091-4ooo SeptemUer 26, 1986 Deborah C. Welsh, Esq. Kennedy, McAdams & Welsh, P.C. 104 Church Street, S.E. Leesburg, Virginia 22075 Af~LINCTI'ON OFFICE 1515 COUR. THOUSE I~.OAD, SUITE &04 AI~LINCTON, VII,GINI`A 22201 ~703) 522-4900 DISTD,.ICT OF COLUMB{~ OFFICE 1000 CONNE(.-I'ICUT .AVENUE, SUITE 1200 'WASHi~,iGT'ON, D. C. 20036 (~:02) 463-0662 Re: Leckey v. Sevila, et al At Law No. 8745 Circuit Court of Loudoun County Dear Ms. Welsh: This will confirm the settlement reached in the above case today, after negotiations lasting for one day. I received a telephone call from you late yesterday after- noon in which you made the following proposal for the full settlement of this matter. The Town would give Mr. Leckey the privilege to sell aviation fuel to the public and to dispense same into his planes (whether owned or in his possession) for the remainder of his lease, if Mr. Leckey would agree to the following: 1. Limit his fueling activities to the South End of the runway; in this regard, you first suggested that 'you would provide a map setting forth the boundaries within which Mr. Leckey could exclusively perform fueling activities: 2. Provide the Town with an indemnity agreement, indemnify- ing the Town for any losses, including attorneys' fees incurred as the result of his fueling operations: 3. Carry at least one million dollars in public liability insurance; 4. Provide information to the Town on the following: a. How fuel is to be dispensed; we discussed you al- ready knew that since we had provided you with a description of the fuel truck; b. The source for the purchase of the fuel; c. The type of filtration system used by the seller and by Mr. Leckey to filter the aviation fuel; and d. The nature of the training provided to line personnel. 5. Amend the existing lease with the Town, dated June 23, 1986, so that the same would terminate on 12/23/86, or upon 15 days notice following the award of the anticipated "bid package" for that South End of the runway, whichever last to occur; and 6. Dismiss the above referenced lawsuit, and all counts contained therein, with prejudice. Deborah C. Welsh, Esq. September 26, 1986 Page 2 I expressed some reservation to you as to your proposal limiting Mr. Leckey's fueling activities to the South End in that it seemed unfair and because the Town may not have the right to prevent a Janelle subtenant from inviting Mr. Leckey's fuel truck onto areas leased by the subtenant for purposes of purchasing fuel. I additionally questioned whether Janelle could be precluded from engaging in fueling activities at the :South End, insofar it would not be a party to our settlement agreement. Lastly, I questioned whether Mr. Leckey's business could be moved out on 15 days notice. As the result we both went back to our respective clients, and amended the above settlement terms as follows: the 15 days notice to quit following the award of the "bid package" in the addendum to the lease was changed to 30 days and both Janelle and Mr. Lecke¥ would be given the right to conduct fueling operations on each others leased property, provided each was there by in- vitation of someone rightfully thereon. Upon such terms, as amended, we settled the matter, party through counsel agreeing to comply with the above. each I questioned when Mr. Leckey may take his fuel truck back unto the Airport and you advised he could do so upon the execu- tion of the settlement agreement, which we agreed would be this letter. Therefore, I request that you endorse the bottom of this letter, where indicated, and return it to me at your earliest convenience. This letter will thereupon constitute written evidence of our settlement agreement. I have already endorsed same, so that you may make a completely signed copy for yourself. I will then forward the remaining documents for the settlement to you next week after they are prepared. Lastly, at your request I tender to you herewith a final Or- der of Dismissal with prejudice. I have already endorsed same. You are authorized to file same only upon your endorsement of this letter and upon your clients' performance of the obligations set forth above. Thank you for agreeing to call the Court to in- form of the settlement. Deborah C. Welsh, Esq. September 26, 1986 Page 3 If you have any questions please feel free to contact me. Sincerely, Alfred J. Horvath AJH/set Enclosure cc: Steven W. Leckey (w/enclosure) George M. Martin (w/enclosure) SEEN, ACCEPTED AND APPROVED Deborah C. Weigh, Esquire Counsel for Town of Leesburg in above referenced action. LECK.L3 VIRGINIA IN THE CIRCUIT COURT OF LOUDOUN COUNTY STEVEN W. LECKEY, t/a PROFESSIONAL PILOT SSRVICES Leesburg Municipal Airport Leesburg, Virginia 22075 Plaintiff vs. ROBERT E. SEVILA et al (In his official capacity as member and chairman of the Town Council of Leesburg) 414 Mosby Drive, S.W. Leesburg, Virginia 22075 Defendants AT LAW NO. 8745 ORDER OF DISMISSAL THIS DAY CAME the parties, through counsel, and, as evidenced by the endorsements contained herein, represented to the Court that all matters in controversy have been settled between the parties; accordingly, it is ORDERED, that Plaintiff's Amended Petition for Writ of Mandamus and Declaratory Relief and Motion for Judgment be, and the same hereby is, dismissed with prejudice, AND THiS ORDER IF FINAL 1 / / REQUESTED: Alfred J. Horvath Counsel for Plaintiff DebOrah C. Welsh Counsel for Defendants LECK2.ORD 2 INDEMNITY AGREEMENT THIS INDEMNITY AGREEMENT, made in duplicate originals this ~v~. day of October, 1986, by and between Steven W. Leckey, t/a Professional Pilot Services (hereinafter "Leckey"), and. the Town of Leesburg (hereinafter "Town"), WHEREAS, Leckey is presently a lessee of the Town under a lease, dated June 23, 1986, of premises at the Leesburg Municipal Airport in Leesburg, Virginia, and is a Fixed Based Operator at such Airport; and WHEREAS, there is pending in the Circuit Court of Loudoun County, Virginia, an action brought by Leckey against, inter alia, the Town, styled Leckey v. Sevila, et al, Law No. 8745, the object of which in part is to force the Town to provide Leckey with a license to sell aviation fuel to the public from his Fixed Based Operation facility and to dispense same into his airplanes; and WHEREAS, on September 26, 1986, the parties to the above styled action settled the matter and there exists a letter form settlement agreement, dated the same day, evidencing the agreement; and WHEREAS, one of the terms of the above settlement agreement requires Leckey to provide the Town with an indemnity agreement, indemnifying the Town from any and all liability, including attor- neys' fees, that the Town my incur as the result of Leckey's fuel- ing operations at the airport; NOW THEREFORE, for and in consideration of the mutual promises contained in the settlement agreement, Leckey agrees, as indemnitor, -2- individually, and on behalf of his heirs, administrator, executor, successor and assigns, to at all times sufficiently save, defend, keep harmless and indemnify the Town of and from any and all loss, damage, cost, charge, liability or exposure, including attorneys' fees, arising out of the fueling operations Leckey will be con- ducting at the Leesburg Municipal Airport, Leesburg, Virginia. WITNESS, the following signatures and seals: $'T'~.gEN-W. LECKEY; ~/a~ Professional Pilot Servia'es ACCEPTED: TOWN OF/TLESSBURG ADDENDUM TO LEASE THIS ADDENDUM TO LEASE, made in duplicate original this ~ ~P~ day of October, 1986, by and between Steven W. Leckey, t/a Professional Pilot Services (hereinafter "Leckey"), and the Town of Leesburg (hereinafter "Town"), WHEREAS, there exists a lease between the parties, dated June 23, 1986, under the terms of which Leckey leases from the Town premises at the Leesburg Municipal Airport in Leesburg, Vir- ginia, from which Leckey conducts Fixed Based Operations; and WHEREAS, there is pending in the Circuit Court of Loundoun County, Virginia, an action brought by Leckey against, inter alia, the Town, styled Leckey v. Sevila, et al, Law No. 8745, the object of which in part is to force the Town to provide Leckey with a license to sell aviation fuel to the public from his Fixed Based Operation facility and to dispense same into his airplanes; and WHEREAS, on September 26, 1986, the parties to the above styled action settled the matter and there exists a letter form settlement agreement, dated the same day, evidencing the agreement; and WHEREAS, one of the terms of the above settlement agreement requires Leckey and the Town to amend the above lease in the manner set forth herein; NOW THEREFORE, for and in consideration of the mutual promises contained in the settlement agreement Leckey and the Town agree to amend the lease of the parties, dated June 23, 1986, and in particular paragraphs 5 & 6 contained therein as follows:: -2- 5. & 6. The term of this lease shall be for a period of six (6) months, beginning on June 23, 1986 and ending on December 23, 1986 or on the date of the official award of a lease for the South End of the Leesburg Municipal Airport following a formal request occur s for proposal initiated by the Town, whichever~later. In the event of such an official award, Leckey agrees to vacate the premises upon thirty (30) days prior written notice mailed by the Town. STE?EN W. LECKEY,:'-t/a /r Professional Pilot Serviceg TOWN OF LEESBURG