HomeMy Public PortalAbout1988_05_25_R096PRESENTED May 25, 1988
ADOPTED May 25, 1988
PASSED this 25th day of
ATTE ST:
Deputy Clerk of Council
May
, 1988.
Robert E. Sevila, Mayor
Town of Leesburg
RESOLUTION NO. 88-96
A RESOLUTION: AUTHORIZIN~ THE LEASE BETWEEN THE TOWN AND RETROSPECT
LOUDOUN ARTISANS, INC. FOR THE LO~ CABIN AT 14 LOUDOUN
STREET, S.W.
WHEREAS, the Request for Proposals for the Log Cabin was published; and
WHEREAS, a proposal from Retrospect Loudoun Artisans, Inc. was timely
received and responsive to the RFP; and
WHEREAS, no other proposals were received; and
WHEREAS, the proposal received includes appropriate rent plus
increases; and
WHEREAS, the current tenant has performed admirably:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia:
The town manager is authorized to enter into the attached lease with
Retrospect Loudoun Artisans, Inc. for the purpose of leasing the log cabin
at 14 Loudoun Street, S.W. for a period of five years.
THIS LEASE, made this~lst day of August, 1988, by and between the TOWN
OF LEESBURG, a municipal corporation, in the County of Loudoun, State of
Virginia, hereinafter referred to as "Landlord", and RETROSPECT LOUDOUN
ARTISANS, INC., a Virginia Corporation, hereinafter referred to as "Tenant".
W ITNE S SETH:
The Landlord hereby leases to the Tenant the interior space and
covered back porch only of those certain premises located at 14 Loudoun
Street, S.W., in the Town of Leesburg, Virginia, designated as the "Stephen
Donaldson Silversmith Shop", hereinafter referred to as "Cabin", :for the
term of five years from August 1, 1988 to July 31, 1993 for a rental of
$25,800 (total).
as follows:
Year 1
Year 2
Year 3
Year 4
Year 5
Said rental shall be paid on the first day of each month
$375 per month
400 per month
425 per month
450 per month
500 per month
1. The Tenant will utilize the Cabin exclusively for the manufacture,
sale, display and demonstration of Eighteenth and Nineteenth Century arts,
crafts and related materials subject, however, to reasonable limitations on
such manufacture, sale, display and demonstration imposed by the 'town
manager.
2. The town manager's prior approval is required for the installation
or display by the Tenant of any signs visible from the exterior of the
building.
3. The Cabin shall be maintained in good repair and sanitary
condition by Tenant and the Landlord reserves the right to inspect the
Cabin at reasonable times for the purpose of ensuring performance by Tenant
of the above requirements.
4. The Landlord shall be responsible for the exterior maintenance of
the Cabin and grounds. The Landlord shall be responsible for repair and
replacement of the heat pump, other elements of the
heating/cooling/ventilation system and for repair of these systems to the
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extent that the nature of the Tenant's business requires and to tlhe extent
the said repairs and/or replacements are not the result of the negligence
of the tenant. The Tenant must give reasonable notice that the systems
require repair or replacement. The Landlord shall not be responsible for
any losses or costs suffered by the Tenant as a result of the failure of
any heating/cooling/ventilation system components.
5. Any improvements or alterations of the interior or exterior of the
Cabin must be approved by the town manager and made at Tenant's expense,
unless the Landlord elects to assume responsibility therefore.
6. Any assignment or subleasing requires prior approval by 'the Town
Council, excluding, however, temporary exhibitions, displays or craft
demonstrations held for a period not exceeding two weeks.
7. The Tenant shall be responsible for payment of all public utility
services including water and sewer services furnished by Landlord.
8. The Tenant shall be responsible for any real estate taxes due to
the County of Loudoun.
9. This lease confers no special parking privileges for the Tenant,
its customers or sub-lessee, on the municipal parking lot or any other
Landlord-owned or controlled parking facilities.
10. The Tenan. t shall make the Cabin available to the general public
for inspection to the great'st extent possible and shall explain 'the
history of the Cabin to visitors. The Tenant shall have the Cabin open to
the public six days weekly during the term of the lease, including
Saturdays and Sundays. The weekday schedule shall provide for seven hours
daily operation and a minimum of five hours of daily operation Saturdays
and Sundays.
11. The Tenant shall save, hold harmless and indemnify Landlord and
its officers, agents and employees for any losses, cost, damage, claims,
accidents or causes of action that may arise out of or in connection with
the operations, maintenance or use of said premises by Tenant, its
employees, agents, contractors, subcontractors, concessionaires, .or any
other person or persons occupying and using said premises with the consent,
expressed or implied, of Tenant. The Tenant agrees to carry and maintain
with a responsible insurance company approved by the Landlord insurance in
amounts not less than those shown in the following schedule:
(a) Worker's compensation insurance as required by the appropriate
laws of the State of Virginia.
(b) General liability and property damage insurance with minimum
limits of $1,000,000 on account of personal injury or bodily
injuries to or death of one person and $1,000,000 on account of
bodily injuries to or death of more than one person as a result of
any one accident of disaster and $50,000 on account of damage to
property.
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(c) Fire and extended coverage, vandalism, malicious mischief
insurance at 100 percent of the current replacement value of all
improvements located at the demised premises. Tenant shall cause
Landlord to be named loss-payee with respect to the improvements
and other tangible property owned by it and located on the
premises. Said insurance shall be based on values approved by the
Landlord.
Tenant agrees that all insurance policies hereinabove mentioned
shall contain an appropriate endorsement showing the Landlord as
named insured, as its interest may appear. Certificates showing
the coverage carried, with the endorsements thereon, shall be
furnished by the Tenant to the Landlord within 30 days from the
effective date of this Lease.
At the option of the Landlord, in lieu of the above, the
Landlord may obtain public liability and property damage and
casualty insurance and charge the Tenant for the costs of
premiums for said insurance.
12. Tenant at the expiration of the said term will quit and surrender
the premises in as good state and condition as received, reasonable wear
and tear excepted.
13. In the event of any breach of any covenant of this Lease by
Tenant, in addition to other remedies provided by law, Landlord may deliver
written notice to Tenant that specifies the act or omission constituting
the breach of such notice by Tenant if the breach is not remedied within 10
days after receipt. Upon such termination Landlord shall be entitled to
possession of the property to damages and injunctive relief for breach of
this Lease and for such attorney's fees incurred as a result of enforcement
and or breach of this lease.
14. The Tenant shall not permit lighted cigarettes, cigars or pipes to
be used on the premises and shall display an appropriate sign to this
effect.
15. Either Landlord or Tenant may terminate this lease upon ninety
(90) day prior written notice.
16. The Tenant will adhere to such additional conditions and
regulations which the town manager shall determine to be reasonably
necessary.
17. Notices referred to in this lease shall be sent to the parties as
follows: Town Manager, Town of Leesburg and President, Retrospect Loudoun
Artisans.
WITNESS the following signatures and seals.
THE TOWN OF LEESBURG
ATTEST:
By:
Jeffrey H. Minor
Town Manager
Deputy Clerk of Council
RETROSPECT LOUDOUN ARTISANS,
INC.
By:
Helen E. Gray
President
Witness