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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 -2- 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. -3- (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