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Home My Public Portal About1991_05_28_R121The Town of Leesburg, I Virginia RESOLUTION NO. A RESOLUTION: PRESENTED May 28, 1991 91-121 ADOPTED May 28, 1991 AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT FOR PLAZA STREET PARK WITH LOUDOUN HOUSE LIMITED PARTNERSHIP WHEREAS, Loudoun House Limited Partnership and the Town of Leesburg entered into a six- month agreement on November 1, 1990, leasing Plaza Street Park to Loudoun House Limited Partnership for use by Loudoun House residents and guests; and WHEREAS, Loudoun House Limited Partnership originally initiated the lease agreement request in order to more effectively supervise and secure the park; and WHEREAS, the current lease agreement expires on May 31, 1991; and WHEREAS, the lease arrangement has proven to be beneficial to Loudoun House apartments and the Town of Leesburg; and WHEREAS, Loudoun House Limited Partnership has requested the lease be extended; and WHEREAS, the Parks and Recreation Department, Parks and Recreation Advisory Commission and Police Department are in concurrence with extending the lease: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that the manager is authorized to execute a lease agreement with Loudoun House Limited Partnership: ATTEST: PASSED this 28th day of May ,1991. Robert E. Sevila, Mayor Town of Leesburg This lease made this First day of June, 1991, by and between the Town of Leesburg, a municipal corporation in the State of Virginia, hereafter referred to as "Lessor" and Loudoun House Limited Partnership, hereafter referred to as "Lessee." WITNESSETH: The Lessor is the owner of the area designated Plaza Street Park situated in the Town of Leesburg, Loudoun County, Virginia. The parties hereto have agreed that the said park can be operated more efficiently if the Lessee has control and sole authority over the use thereof by the public, subject to certain conditions which will be imposed by the Lessor. Therefore in order to implement the understanding, the Lessor does hereby lease unto Lessee and Lessee hereby leases from Lessor that certain tract or parcel of land together with easements designed Parcels A and B on Boundary Survey showing part of the property of Loudoun House Limited Partnership and part of the property of John A. Wallace Et A1 for a term of one (1) year commencing on the First day of June, 1991, and shall automatically renew for successive one-year terms for a period of five all told, unless written notice by either party to the other is submitted at least sixty days prior to expiration of the then current term that the lease will not be renewed. The following are the terms hereof: The payment as rent of the sum of $10.00 at the time Lessee signs this lease. The Lessee acquiring public liability insurance in the total amount of $1,000,000.00, wherein, the Lessor is an additional insured which shall be paid up at the time the lease is signed by Lessee and a proper certificate furnished Lessor. The Lessee agrees that the area will continue to be operated as a park for Loudoun House residents and guests and will never be used for any other purpose. Lessee is responsible for the duration of lease for maintenance of the park area and ingress and egress easement and does release Lessor from the obligations in the deed dated August 31, 1981, from Lessee to Lessor recorded in Deed Book 796, Page 151, while this lease is in effect and maintenance shall be defined to include msjor repairs to the playground equipment. Lessee shall return the park to the town at termination of lease in the same condition as it was at the commencement of the occupancy normal wear and tear expected. Lessee agrees that if it falls to meet these requirements, after ten days' notice it will be in default, and the lease shall then be null and void. WITNESS the following signatures and seals. Loudoun House Limited Partnership by: National Housing Partnership by: National Corporation for Housing Partnerships, its sole Ge~neral Partner by: NHP P~erty,~)n~g~nent Agent sy: /,~ ~K.--// ~-?,~ ?/ vICe ~ ./_.. ......... ..... (Seal) Town of ~s~.rg, Virginia bY~~~r~~.~ (Seal)