HomeMy Public PortalAbout1992_06_09_R081The Town of
Leesburg,
Virginia
RESOLUTION NO.
A RESOLUTION:
PRESENTED June 9, 1992
92-8] ADOPTED June 9~ 1992
AUTHORIZING THE TOWN MANAGER TO EXECUTE A LICENSE
AGREEMENT WITH RICHMOND-AMERICAN HOMES OF VIRGINIA INC.,
AND THE EXETER HOMEOWNER'S ASSOCIATION, INC.
WHEREAS, Richmond-American desires to construct and Exeter desires the fight and accepts
responsibility to maintain irrigation facilities and improvements on town right-of-way; and
WHEREAS, the irrigation system will be privately maintained and operated; and
WHEREAS, the draft agreement ensures that Richmond-American and Exeter Homeowner's
Association have full responsibility for installation and maintenance of the system; and
WHEREAS, the agreement protects the town from undue financial and liability exposure; and
WHEREAS, approval of the use of public right-of-way for installation and maintenance of the
system must be granted by Town Council or its delegated representative in advance of construction; and
WHEREAS, a final draft of the license agreement authorizing conditional use of tewn right-of-way
for this purpose has been agreed to by legal staff of ail parties involved.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town Manager is authorized to execute, in a form approved by the Deputy
Town Attorney, a license agreement with Richmond-American Homes of Virginia, Inc. and the Exeter
Homeowner's Association, Inc. authorizing the use of town right-of-way for the purpose of installing and
maintaining an irrigation system.
A RESOLUTION:
-2-
AUTHORIZING THE TOWN MANAGER TO EXECUTE A LICENSE
AGREEMENT WITH RICHMOND-AMERICAN HOMES OF VIRGINIA, INC.,
AND THE EXETER HOMEOWNER'S ASSOCIATION, INC.
SECTION II. The license agreement shall include the following provision:
The town may unilaterally terminate the Agreement upon 10 days notice
in the event the town determines the maintenance and/or operation of
such irrigation system and the continuation of such License shall
adversely affect the Health, Safety and Welfare of Leesburg.
PASSED this 9th day of June , 1992.
Clerk of Council
Robert E. Sevila, Mayor
Town of Leesburg
R:Exeter. hoa