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HomeMy Public PortalAbout1998_07_14_R162 The Town of Leesburg, Virg' ' lnla RESOLUTION NO. A RESOLUTION: 98-162 PRESENTED July 14, 1998 ADOPTED July 14, 1998 AUTHORIZING RENEWAL OF THE LICENSE AGREEMENT WITH THE EXETER HOMEOWNERS ASSOCIATION, INC. FOR THE BATTLEFIELD PARKWAY IRRIGATION SYSTEM WHEREAS, a License Agreement for the installation, operation and maintenance of an underground irrigation system within the public road right-of-way was authorized on June 9, 1992 by Resolution No. 92-81; and WHEREAS, the underground irrigation system was installed by Richmond American Homes, Inc., a party to the License Agreement and conveyed to the Exeter Homeowners Association, also a party to the agreement; and WHEREAS, the initial one year term plus two one (1) year automatic renewals have expired; and WHEREAS, the Exeter Homeowners Association has full responsibility for operation and maintenance of the system; and WHEREAS, the agreement protects the town from undue financial and liability exposure; and WHEREAS, the Exeter Homeowners Association has requested a renewal of the License Agreement; and WHEREAS, approval of renewal of the License Agreement for the use of public right-of- way for installation and maintenance of the system must be granted by Town Council. A RESOLUTION: -2- AUTHORIZING RENEWAL OF LICENSE AGREEMENT THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that the Town Manager is authorized to execute, in a form approved by the Deputy Town Attorney, a renewed License Agreement with the Exeter Homeowners Association, Inc. authorizing the use of town road right-of-way for the purpose of operating and maintaining an irrigation system. PASSED this 14~ day of July, 1998. ATTEST: Clerk of Council Jarr~es E. Clem, Ma3o~' Town of Leesburg r:licagrmt.doc