HomeMy WebLinkAboutVA197800009 Application 1978-02-24 $20. Permit Fee Application No.
Sign Erected By: Staff:
APPLICATION FOR VARIANCE
p &. Zoning
Department
414 E. Market Street
C \I'iL,, v A .. , ,a°J 0 Charlottesville, VA 22901
County of Albemarle
296-5832
Date of Application ; al , 19 7 8 .
OWNER OF PROPERTY OCCUPANT (If other than. owner)
Name: Name: + e , .ctt)
. 11
Address: RI- . Address:
el M,L, r VC. a 2 5 0 L
Telephone: c ai (, - g 9 S'3 Telephone:
Location of Property: R , aW Y\ .. b` , Citile,
Tax Map 445-- Parcel /5 3 -!50 Acreage Ci , CUCALO
Existing Zoning e,_ 1 District \Kai
Existing Use: RLCu ,
Variance sought (describe briefly relief sought) :
1 1, el91:4;e}a"it itt-t.A4ANC //- 7- 7 (3/ )
0.Jt_ ��, - Cam ) (.6 ,1)
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I hereby certify that the foregoing information is true and correct to the best of my
knowledge and belief and that I am the owner named above.
plicant Date
FOR OFFICE USE ONLY
Zoning Administrator has/has not rendered a decision. If so, state substance of decision:
Date of Hearing: /d. 7 (3 pp Final Decision Made: (,v ,7/Lha u�
The variance sought was e a roved with the followingconditions:
V/ ' r
Special Use Permit# BOARD OF ZONTTG APPEALS
Sign Permit BY: "•, 4j . 2 s i/ y
ate
Building Permit#
y uore I --,'•...'�:T/`�%?fr-o -' v u" ,a
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!vision is made with the consent of the bra+ 01
!good owners,proprielors and/or trustees, AR: 25
All roods and streets if not dedicated
us/y, are hereby tendered for dedication 3927"�\
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_/��4 11-2 ___Pr e s. 4a�4,
WOQOBROOR VILLAGE CORPORATION 'OD -s,o lit)
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Denotes 4ccess and Parking Areas i� /
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Each parcel shown hereon shall have , as \\ • \cv LOC4T,
appurtenant thereto, on easement of ingress \,
and egress over such access /ones as may \\ 0
hereafter be constructed on any of the other is•
and the right ho use certain parking p -", �\
spaces on any of the other parcels as m'y be. '7, c�
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hereafter designated.
PLAT SHOWING
PARCEL 5- 2 AND A D/V/SION OF
PARCEL B-I I.,/TO PARCELS 5-.3
AND 5- 4
WOODBROOK SHOPPING
VILLAGE .\
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7UNTY PLANNNr '3N,MISSION CI BOARD 9 StIp,ER, ISO
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iris/on is'made with the consent of the - 90�
ten ed owners,proprie/ors and/or fru skies, b :2„��
A/I roods and sheets if no/ dedicated 9
us/y, are hereby tendered for dedication 392 ��_
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WOOOBROOk VILLAGE CORPORATION • 0•�-�, 6�-?3, OMB l
Deno/es Recess and Parking Areas �k - / ' 0�/
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Each parcel shown hereon shall have, as \\ . \ LOC AT,
appurtenant thereto, on easement of ingress \• ).C'
and egress aver such access lanes as may \\r ."-Pe.
hereafter be constructed on any of the other , \\ -parcels and Ike right ho use certain parking s ;� \\ `
spaces on onyaf the other parcels os maybe. ca. ' \
s hereafter designated. \ \_
PLAT SHOWING
PARCEL B- 2 AND A DIVISION OF
PARCEL B-I I-VT0 PARCELS 8-3 •
AND B- 4 •
•
W00DBROOK SHOPPING
VILLAGE •\
NEAR CHARLOTTESV/LL £
4{ AL BEMARLE COUNTY , VA.
t REVISED Ars7q_ ,5, '9/3 TO SNOW RECENT
t BUILDING /1(PRUVEMENT.S
BOYLE 8c BAIN
ATTORNEYS AT LAW
420 PARK STREET
CHARLOTTESVILLE,VIRGINIA 22901
9 March 1978
ROBERT P.BOYLE TELEPHONE 977-6155
EDWARD H.BAIN,JR. AREA CODE 804
JAMES G.COSBY
ROBERT H. DOWNER,JR.
Chairman, Board of Zoning Appeals
c/o J. Benjamin Dick, Zoning Administrator
East Market Street
Charlottesville, Virginia
22901
Re: Javor Woodbrook Land Trust - VA 78-09
Dear Sir:
I am requesting a deferral of VA 78-09 on behalf of my
client, Javor Woodbrook Land Trust, for one month in order to
bring before the Board all matters relevant to this particular
variance so that the Board of Zoning Appeals will have all
the facts before it at that time.
Please place us on the April agenda.
Since y,
Edwar H. ain, r.
Attorney for Ja Woodbrook
Land Trust
EHB:mal
REG i1tE MAR 2 in
RUGBY REALTY ) 2
gg0061)
REALTOR' 611 RUGBY ROAD CHARLOTTESVILLE, VA. 22903 804 296-8953
March 29, 1978
Mr. Ben Dick, Zoning Administrator
County of Albemarle
414 East Market Street
Charlottesville, Virginia
22901
RE: Board of Zoning Appeals
Va.-78-09
Dear Mr. Dick:
I should like to request a deferment on my application to
The Board of Zoning Appeals scheduled for April 11 , 1978 for a
variance on the site plan to reduce the number of parking spaces
at the Woodbrook Center for Shopping .
The additional time is required to seek alternatives for
fulfilling the parking requirements at the Woodbrook Shopping Center
which may alleviate the need for a variance .
Thank you for your consideration in this matter.
Sincerely ,
f�' 9
Henry J. y
Javor-Woodbrook Land Trust
HJJ :HAR
cc : Mr. John Dickinson
Now
STAFF REPORT
VA 78-09. Javor-Woodbrook Land Trust
Tax Map: 45C
Parcel: B2, B3, B4
Acreage: Approximately 3 acres
Zoned: B-1
Existing Activity
Retail stores and offices, Woodbrook Shopping Center
Proposed Variance
Applicant requests relief from Section 11-7-7(31) of the Albemarle County
Zoning Ordinance to have 24 less parking spaces than required. The
applicant claims the hardship of having purchased the property out of
bankruptcy through a court-designated trustee and that the County has
accepted the shopping center as is since that purchase.
Zoning Ordinance Requirement
Shopping Centers: Five and one-half spaces per each one thousand (1000)
square feet of leaseable floor area.
Staff Comment
The staff notes first that vacant B-1 property adjoins the shopping center.
This matter of inadequate parking and non-compliance with the originally
approved site plan came to the Zoning Administrator's attention pursuant
to a stop work order posted against the Bank of Virginia for their conversion
of a storage area to rental space without an approved building permit (cost
of work was $50,000) and the use appeared to be for offices. The Zoning
Administrator prevented the building permit and certificate of occupancy or
a temporary certificate of occupancy from being issued until the applicant
could show he could meet the ordinance requirements and submit a revised
site plan that had to be approved by the Planning Commission. This expansion
increases the parking requirements.
In a period of a year, the applicant the Bank of Virginia representative, Mr.
John Dickinson, discussed with the Zoning Administrator the requirements they
had to meet. Differences between the applicant and the bank on responsibility
for parking ensued but were finally resolved. The renovated buildings have
yet to be issued a certificate of occupancy.
Technically, the original approved site plan has been violated by expansion of
the approved retail space beyond and over storage space. The applicant will
NNW Now 'w✓ rn/
furnish his calculations of gross leasable space as certified by his
representative.
The Planning Staff has reviewed the proposed variance. The Planning
Commission will have to approve any change in the parking scheme if
this variance were to be granted. The Planning Staff notes their opinion
that the rear parking area appeared not to be designed to accommodate
customers going to and from shops and offices, but to service the leasable
storage and warehouse area. It is their opinion that the present land is
inadequate to accommodate the leasable space and therefore cannot support
the variance noting the availability of parking on adjoining vacant B-1
land. The proposed parking, they note, barely accommodates the present
uses and the applicant proposes more office and retail space.
If the Board should choose to approve the variance, the Staff recommends
no conditions.
Page 2
Staff Report
VA 78-09. Javor-Woodbrook Land Trust
x -
.4•,� OF ALA, „
V0N pF ALAPri���
Inspections Department
Zoning Division
414 EAST MARKET STREET
J. BENJAMIN DICK CHARLOTTESVILLE, VIRGINIA 22901 ANDREW EVANS
ZONING ADMINISTRATOR (804) 296-5832 SENIOR INSPECTOR
May 2, 1978
Henry J. Javor
611 Rugby Road
Charlottesville, VA 22901
Dear Mr. Javor:
Please find enclosed a memorandum to the Planning Department.
If you have any questions, please advise.
I I
Respectfully,
•
J. Benjamin Dick
Zoning Administrator
JBD/sb
enc.
cc: —Variance File
Robert W. Tucker, Jr. , Director of Planning
4
N41.1 OF ALBUM
G5t) •
Inspections Department
Zoning Division
414 EAST MARKET STREET
J. BENJAMIN DICK CHARLOTTESVILLE, VIRGINIA 22901
ANDREW EVANS
SONIN6 ADMINISTRATOR 1804) 296-5832
SENIOR INSPECTOR
MEMORANDUM
TO: Carlos Montenegro, Planner
FROM: J. Benjamin Dick, Zoning Administrator as3>
RE: Mr. Henry Javor - Woodbrook Shopping Center Site Plan
•
DATE: May 2, 1978
The original site plan of this site has never been complied with
due to many unforeseen and varied circumstances.
fore-
closure sale) The Zoning Administrator has been working ufor ythe dbetter
part of a year with Mr. Henry Javor and the Bank of Virginia to meet
their site plan requirements in an effort to "clean-up" the County file
record, since the two decided to lease as much space as allowed and had
• • renovated more leasable area. The Zoning Administrator had the Building
Official post a stop work order on that renovation ($60,000) since the
originally approved parking was never met nor did enough parking exist
for the expansion.
The Zoning Administrator was first approached with the idea of a
variance but after certification by Mr. Javor of the gross leasable
area (31,529 sq. ft. , see attachments) and considerable work on his part,
a better site plan with all necessary parking had been shown possible and
such would meet the zoning ordinance subject to Planning Commission review
and approval of Mr. Javor's proposed amended plan.
The Zoning Administrator is of the opinion that Mr. Javor is making
a good faith effort and believes his proposed amended plan and improve-
ments do remedy the non-compliance with the old site plan that was not
met by the former owner.
If you have any questions, please advise.
411 411
April 25, 1978
WOODBROOK SHOPPING CENTER
PHASE I
TENANT (Footage taken from existing leases attached) LEASED SQ. FT.
Woodbtook Beauty Salon 1000'
Rulys Dry Cleaners 600'
Ritter Finance 825'
Southland Corp. ( 7-11 Stores ) 2400'
Gallo (Albemarle Studio) 700 '
Century 21 Realty 884 '
US Fidelity S, Guaranty 748 '
Vanguard Alarms 425'
Vacant 336'
Texaco 374'
Bru-Craft 300'
Eways Carpet 1300'
Hisami Fashions 600 '
11 , )12 '
STORAGE AREA TERRACE LEVEL.
United Health Serv. ( Under C-21 Realty ) 884 '
TOTAL SQ. FT. PHASE I 12 ,876'
PHASE II
TOTAL LEASED SPACE (Data taken from Alcova Management 16, 320'
Rent Roll, See Attached Sheet)
TOTAL UNLEASED SPACE 5,836'
TOTAL SPACE PHASE I & II 35 , 032' SQ. FT
LESS 10% FOR PUBLIC AREAS
(Hallueys , Stairs, Bathrooms) 3 , 503 '
31, 529 '
PARKING SPACE REQUIRED PER 1000 SQ? FT. 5.5
PARKING NEEDED 173 .4' Spaces
PARKING PROVIDED 175 ' Spaces
I certify that the above figures represent an accurate take off of
the existing areas at Wbolbrook Shon?ing Center.
Tjenry J. Javor
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C2 _ A_ VI+GI iI: 2 , .L ESTATE, INC.2007rhax t Street
Charlottesville,. Virginia 22901
STANDARD OFF ICE LEASE
THIS LEASE, made this 15th day of September,197,2by and
between Woodbrook Village Corporation
, hereinafter called Lessor,
Central Virginia Real Estate, Inc. , hereinafter called Agent, and
E.L. Booker, Jr. �-
1 hereinafter called Lessee.
WITNESSETH
1. Landlord, in consideration of the rent which Tenant agrees
to ?gay, demises unto Tenant, thfnstf'ollowing property (the premises),
to-wit: 1884 scnpv9 feet(of /stiory office space in the Woodbrook Village
Ifor Shopping. •
The term of the Lease beforfiveg `
shall
1 2• years, commencing
at noon on 11-1-72 (or when the demised premises shall be ready for
occupancy by Tenant, whichever last occurs) and expiring at noon on •
10-30-77. _
Occupancy of the premises by the Tenant shall be deemed to be acceptance
of the premises. While it is contemplated by the parties hereto that
tenancy shall begin_ on said date, in the event that the demised premises
are not ready for occupancy by that date, Landlord agrees that it shall
Ibe liable to the Tenant for damages caused by said delay equal to the
Tenant's additional expense resulting from increased rent, move, etc.
3. Special Conditions: Landlord to provide all utilities (to
include heat, light, water and electricity) except telephone and to pro-
1 vide janitorial service 3 days per week. Janitorial service shall consist
of emptying wastebaskets, cleaning floors, dusting desks, washing windows,
etc. * See last page
L. This Lease shall terminate at noon on the last day of the
initial term. Should the lease be extended under any provision herein
fl or extension hereof, then this Lease.,shall terminate at noon on the last
., day of the additional term. For three months prior to the termination
or this Lease, the Landlord shall have the right to post "For Rent" signs
and, at reasonable times, to show the premises to prospective tenants.
5. The total rental for the initial term of the Lease _is
NINETEEN THOUSAND, EIGHT HUNDRED NINETY and no/100 ($19,890.00)
duo and payable in lawful money of the United States of America, in eonal
monthly installments o f\_Three hundred thirty one and 50/100( 331.5.0)on
the first day of each and every month during the term of this Lease, in
I advance, and without demand being made therefor, to Agent (its successors
1 or assigns) at Agents offices at 2007 Earhart Street, Charlottesville,
1 Virginia, or at such other place as Landlord may from time to time in
writing designate.
6. The demised premises are, to be used as the place for business
of Tenant and for no other purpose.
7. Tenant agrees that it will, at its own expense, maintain •
h adecuate broad form public liability insurance for the protection of the
Landlord, as well as itself, in an amount of not less than 250/500,000 •
dollars and in addition will hold Landlord harmless for any and all lia-
bility for damages to any person, persons, fivms or corporation resulting
from the Tenant's negligence suffered on, in or about the demised -premises.
A certificate of insurance evidencing adequate protection shall be fur-
nished Landlord by Tenant upon request.
8. (a) If the building, within the demised premises are
building rn which
II, located is destroyed or so injured by fire, or otherwise, as to render
t he demised premises untenantable this terminate at the op-
Lease shall
i ton of either party or, if Landlord elects to rebuild, then the rent
shall abate until the premises are restored. In case the untensntability
c shall be only partial and. the Tenant fails to exercise its option to ter-
I;
r minate within 30 days after said loss, there shall be a reasonable n:duc-
ticn of the rent for such time as may elapse until there be again upon
the premises a building of as much value to the Tenant for its use as the
so injured.
f
I! •
i; 23. The failure of the Landlord to insist, in any one or more
instances, upon a strict performance of any of the covenants of this Lease,
I or to exorcise any option herein contained, shall not be construed as a
i waiver, or a reli ou.shment for the future, of such covenant or option, but
the same shall continue end. remain in full force and effect. The receipt
iby the Landlord of rent, with knowledge of the breach of any covenant hereof,
; shall not be deemed a waiver of such breach, and no waiver by the Landlord
iI of any provision hereof shall be deemed to havo been made unless expressed
lii in writingand signed by the Landlord.
li
29. The Landlord, for itself, and its assi. s, agrees that the
0 Tenant, upon paying the rental herein reserved and upon the performance of
q the covenants and agreements herein provided to be observed and performed
11 by it, shall peaceably and quietly hold and enjoy the demised premises for f
Iand during the term hereof, or any extension thereof.
i
30. This Lease executed by the Landlord and the Tenant in dupli-
cate merges all the understanding and agreements between the parties hereto
with respect to the leased premises and shall constitute the entire agree:-
went. It may not be modified except in writing, signed by the Landlord and .
i Tenant and endorsed hereto or attached hereto.
1
T„ 'E S the following signatures s aof hereto,
Z_�, S5 following� o ,.tare �..�d seals the parties he_e�o,
affixed to this Lease, executed in duplicate, effective the day, month and I
f
year first above written.
I
f{ CENT o UA E lATE, INC. I
I ---'.:,---- 7 .
, ) c-----7-'7Z-Z--- _91 .
iE Iddb Village Co oration, by
11 n d e_
ATTEST:
.---/i4J 44,,,,4/04/ •
j/sis ant secretary
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If * 3. Special Conditions: Tenant shall have the right to assign this
lease to their real estate corporation when it is formed provided they
shall personally guarantee their corporation's payment of this lease.
1 Lessor agrees not to lease space in this section of Woodbrook Village
for Shopping for a period of five years to another real estate broker.
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tt\ifVIRGINIA ASSOCIATION OF REALTORS® M.
s,.G..asa., at Pt At MR5 LEASE REALTOR•
(This is a legally binding contract;if not understood, seek competent advice before.signing.)
This LEASE, made as of August 1 19 77 , among
Lessorjt Javor—Woodbrook Land Trust
Joseoll Gaido (herein called "Lessor"),
Lessee 1,6,t1and -
� (herein called"Lessee"),
REALTOR® and "
(herein called "REALTOR®"),
provides that Lessor does hereby let and demise to Lessee the following described property located in the
xxx txxxx Albemarle
County or Lay o (herein called "the property"):
Retail Shop
Description 1841 Seminole Trail
of Property. Route 29, Liorth
Charlottesville, Va.
22906
Use. to be used as a Dance Studio
Term. for the term beginning on 'August 15 , 1977 and ending on June 15 1978 ,
Rent. and yieldingduringsuch term the rent of Twenty five hundred �,500
Dollars ($ ),
payable at the office of REALTOR® in equal monthly installments of $ 250.00 due on the first day of
A, ,each month in advance,4
(i
;, im-iAi
611 Rub -- -»—
Road, Ch1ottesville
Lessor is the owner of the property, and Lessor's address is y
Virginia, 22903
REALTOR® is authorized to manage the property on behalf of Lessor, and REALTOR'S®address is
i
Disclosure If Lessor is an individual not residing in Virginia and is required by Va. Code § 55-218.1 to appoint an
to Lessee.
agent, the name and address of such agent are
I
Special `Lessee shall pay all utilities during the term of tenancy.
Provisions.
Two hundred Fifty 250.00
1. Lessee shall deposit ($ )with REALTOR as
security for the full and faithful performance by Lessee of every provision, covenant, and condition of this
lease. If REALTOR'` retains possession of such security with the consent of Lessor, REALTOR®shall deposit
such security in'an insured depository in an account separate from the accounts of REALTOR'''. In the event
that Lessee defaults with respect to any of such provisions, covenants, or conditions, including, but not limited
to, payment of rent and additional rent, Lessor, or REALTOR''',on behalf of Lessor, may use, apply, or retain
all or any part of such security deposited, plus any accrued interest required by law, for the payment of any
Security rent and additional rent in default, or for any other sum which Lessor may expend or be required to expend
Deposit. by reason of any default by Lessee, including any damages or deficiency in the re-letting of the property,
whether such damages or deficiency accrue before or after re-entry by Lessor. In the event that Lessee shall
fully and faithfully comply with every provision, covenant, and condition of this lease, such security deposited,
plus any accrued interest required by law, or any balance of them, shall be returned to Lessee after the removal
of Lessee and surrender of possession of the property, ulantvughly clean and in goad atnd substantiallyepair.and' ",t
5 � condition (normal wear and tear excepted), and within forty-five (45) days after the expiration of The term of '
tea at—; this lease. If the property is sold by Lessor during the term of this lease or any continuation of such term. Les-
see consents to the transfer of such security deposited by Lessee, plus any accrued interest required by law, to
/ t the purchaser of the property. If Lessor consents in writing to an assignment or sublease of the property by
�' �L. Lessee during the term of this lease or any continuation of such term, Lessee consents to the transfer of such
security deposited by Lessee, plus any accrued interest required by law, to the credit of the assignee or sub-
.. lessee,lessee, such security to be held by Lessor or REALTOR'' until the termination or the expiration of the
term of this lease.
IS
1�i
~ lease. This paragraph 17i11 not be applicable to notices to P' r p pp pay omit, to civil warrants, or similar docu-
ments required by law to he served by judicial or similar officers.
18. If the property described in this lease consists of an apartment or apartments, Lessee agrees that the
following rules and regulations, and any additional reasonable rules or regulations subsequently adopted by
Lessor and of which Lessee receives reasonable notice, shall be a part of this lease. Lessee further agrees that
Rules and any failure by Lessee, or failure by others on the property with the consent of Lessee, to fully abide by such
Regulations. rules and regulations may be deemed by Lessor as a default by Lessee and breach of this lease. Lessor agrees,
if the property consists of an apartment or apartments, that Lessee shall not he required (a) to maintain or to
repair any furnace or water and gas pipes not located within such apartment or apartments, (b) to trim any
grass or shrubbery, or (c) to keep any gutters or downsputs cleaned.
RULES AND REGULATIONS
A. The sidewalks, entries, hallways, passages, and stairways shall not be
obstructed nor used for any purpose other than ingress and egress to apart-
ments.
B. The doors, floors, skylights, and windows that reflect or admit light
into passageways or into other places in the building shall not be covered or
obstructed by Lessee.
C. Nothing shall be thrown out of skylights, windows, or doors or into
passageways.
D. No curtains, window shades, or awnings shall be installed by Lessee
without the approval of Lessor or REALTOR5 of their style. material, and
quality, and any such curtains, shades, or awnings shall be at the expense of
Lessee, but they may be removed by Lessee upon termination of this lease.
E. upplies may only be ivered to the proper v by side or rear en-
trances, a no delivery personnel all be allowed in in hallways.
F. Use and occupancy of the property by Lessee shall be consistent with
the rights, privileges and welfare of all other lessees, and any noisy, offensive,
or dangerous conduct by Lessee or failure of Lessee to observe the rights.
privileges, and welfare of all other lessees shall, at the option of Lessor, be
deemed a default by Lessee and a breach of this lease for which Lessor shall
have all of the rights described in subparagraphs a and b of paragraph 14 of
this lease.
•
Modification, 19. This lease constitutes the entire agreement among the parties, and it may not be modified or changed
Applicable except by written instrument executed by Lessor, Lessee, and REALTOR. This lease shall be construed,inter-
Law,and preted and applied according to the law of Virginia, and it shall be binding upon and inure to the benefit of the
Successors. heirs, personal representatives, successors, assignees, and sublessees of the parties.
IN WITNESS WHEREOF, the individual parties have signed and sealed this lease, and any corporate
party or parties have caused it to be signed and their corporate seals to be affixed and attested by their respec-
tive duly authorized officers.
LESSOR (or
duly authorized
agent of Lessor): �_ [SEAL]
1
M[SEAL]
LESSEE: e.. y� 4._„ [SEAL]
if_
[SEAL]
REALTOR®: [SEAL]
•
[SEAL]
(The foregoing form may only be used by members in good standing of the Virginia Association of REALTORS®. Ex-
pressly prohibited are the duplication or reproduction of such form, or the use of the name "Virginia Association of REAL-
TORS®" in connection with any written form, without the written consent of the Virginia Association of REALTORS.®)
VAR Form 200
Rev.6/77
,' f
',. .,VP VIRGINIA ASSOCIATION OF REALTOR
1►
°. OFFICIAL LEASE REALTOR'
(This lease is a legally binding contract; if not understood, seek competent advice before signing.)
This LEASE, made as of Ma rr.h 24 , 19 77 , among
Lessor Javnr—Wnnc9hrnnk T,ancl Trust (herein called "Lessor"),
Lessee and Wi 11 i am R_ PowP 11 E. Hisami Powell (herein called"Lessee"),
REALTOR® and (herein called "REALTOR®"),
provides that Lessor does hereby let and demise to Lessee the following described property located in the
County or ciNRfx Albemarle at the Woodbrook Center (herein called "the property"):
for Shopping on the terrace level consisting of one shop at
1841 Seminole Trail comprising approximately (600 Sq. Ft,J
Description
of Property.
Use. to be used as a Custom Dress Design Shop
Term. for the term beginning on April 1st , 19 77 and ending on March 31 , 19 78
Rent. and yielding during such term the rent of Eighteen Hundred Dollars ($ 1800 ),
payable at the office of REALTOR®in equal monthly installments of $ 150.00 due on the first day of
each month in advance, D}l&MAMxl {4Rttg } iR4KextRAtWIts2Cx
Lessor is the owner of the property, and Lessor's address is 61 1 Rughy Rna d
Marl ottpsvi11P, Va _ 22901 .
REALTOR®is authorized to manage the property on behalf of Lessor, and REALTOR'S® address is
Nnt App1 i rahl P
Disclosure If Lessor is an individual not residing in Virginia and is required by Va. Code § 55-218.1 to appoint an
to Lessee..
agent, the name and address of such agent are
LESSEE will pay all utility services delivered to the premises
of the LESSEE to consist of approximately 20% of the utilities
paid by Fashion Two Twenty occupying the other 80%. LESSOR, prior
to heating season will have installed a duct leadingf Tithe
Special hallway . LESSEE will provide any additional heat required.
Provisions. Make checks payable to Javor—Woodbrook Land Trust. Mail to
V.N.B.
P . 0. Box No . 5304
Barracks Road Station
Charlottesville, Virginia
22901
Military
Clause
1. Less'ee shall deposit One Hundred & Fifty ($ 150.00 )with REALTOR®as
security for the full and faithful performance by Lessee of every provision, covenant, and condition of this
lease. If REALTOR® retains possession of such security with the consent of Lessor, REALTOR®shall deposit
such security in an insured depository in an account separate from the accounts of REALTOR®. In the event
that Lessee defaults with respect to any of such provisions, covenants, or conditions, including, but not limited
to, payment of rent and additional rent, Lessor, or REALTOR®on behalf of Lessor, may use, apply, or retain
all or any part of such security deposited, plus any accrued interest required by law, for the payment of any
Security rent and additional rent in default, or for any other sum which Lessor may expend or be required to expend
Deposit. by reason of any default by Lessee, including any damages or deficiency in the re-letting of the property,
whether such damages or deficiency accrue before or after re-entry by Lessor. In the event that Lessee shall
fully and faithfully comply with every provision, covenant, and condition of this lease, such security deposited,
plus any accrued interest required by law, or any balance of them, shall be returned to Lessee after the removal
of Lessee and surrender of possession of the property, thoroughly clean and in good and substantial repair and
condition (normal wear and tear excepted), and within forty-five (45) days after the expiration of the term of
this lease. If the property is sold by Lessor during the term of this lease or any continuation of such term, Les-
see consents to the transfer of such security deposited by Lessee, plus any accrued interest required by law, to
the purchaser of the property.
Nemo
A. The sidewalks, entries, hallways, passages, and stairways shall not be obstructed nor used for any
purpose other than ingress and egress to apartments.
B. The doors, floors, skylights, and windows that reflect or admit lignt into passageways or into other
places in the building shall not be covered or obstructed by Lessee.
C. No method of heating other than that provided by Lessor shall be used without the written consent of
Lessor.
D. Nothing shall be thrown out of skylights, windows, or doors or into passageways.
E. No curtains, window shades, or awnings shall be installed by Lessee without the approval of Lessor
or REALTOR®of their style, material, and quality, and any such curtains, shades, or awnings shall be at the
expense of Lessee, but they may be removed by Lessee upon termination of this lease.
F. Supplies may only be delivered to the property by side or rear entrances, and no delivery personnel
shall be allowed in main hallways.
G. Use and occupancy of the property by Lessee shall be consistent with the rights, privileges and wel-
fare of all other lessees, and any noisy, offensive, or dangerous conduct by Lessee or failure of Lessee to ob-
serve the rights, privileges, and welfare of all other lessees shall, at the option of Lessor, be deemed a default
by Lessee and a breach of this lease for which Lessor shall have all of the rights described in subparagraphs
a and b of paragraph 14 of this lease.
Modification, 19. This lease constitutes the entire agreement among the parties, and it may not be modified or changed
Applicable except by written instrument executed by Lessor, Lessee, and REALTOR. This lease shall be construed,inter-
Law,and preted and applied according to the law of Virginia, and it shall be binding upon and inure to the benefit of the
Successors. heirs, personal representatives, successors, sublessees, and assigns of the parties.
IN WITNESS WHEREOF, the individual parties have signed and sealed this lease, and any corporate!
party or parties have caused it to be signed and their corporate seals to be affixed and attested by their respec-
tive duly authorized officers.
LESSOR (or
duly authorized
agent of Lessor): [SEAL]
[SEAL]
LESSEE: �� — j
o [SEAL]
ff -c.���f [SEAL]
REALTOR®:
[SEAL] •
[SEAL]
(The foregoing form may only be used by members in good standing of the Virginia Association of •
REALTORS®. Expressly prohibited are the duplication or reproduction of such form, or the use of the name
"Virginia Association of REALTORS®" in connection with any written form, without the written consent of
the Virginia Association of REALTORS®)
VAR Form 200
Rev. 6/74
f
VIRGINIA ASSOCIATION OF REALTORS®
LEASE REALTOR'
(This is a legally binding contract;if not understood,seek competent advice before signing.)
This LEASE, made as of October 31 , 19 77 among
Lessor Javor—Woodbrook Land Trust
(herein called "Lessor"),
Lessee and Kenneth C. Chisholm (herein called"Lessee"),
REALTOR® and (herein called "REALTOR®"),
provides that Lessor does hereby let and demise to Lessee the following described property located in the
County or EXR,px Albemarle (herein called "the property"):
1 f341 Seminole Trail L1 ex f oo ;afaaee ove Cen fury 21
Description
of Property.
Use. to be used as a
Term. for the term beginning on November 1 , 19" 77 and ending on October 31 , 19 79 ,
yieldingduring Four Thousand Six HundredEighty ( 4, 680.
Rent. and reldin such term the rent of Dollars $ op
payable at the office of REALTOR. in equal monthly installments of $ 195.00 due on the first day of
each month in advance, plus any sales, license, or similar taxes applicable to such installments.
Lessor is the owner of the property, and Lessor's address is 611 Rugby Road
Charlottesville, Virginia 22903
REALTOR® is authorized to manage the property on behalf of Lessor, and REALTOR'S?, address is Same
Disclosure If Lessor is an individual not residing in Virginia and is required by Va. Code § 55-218.1 to appoint an
to Lessee.
agent, the name and address of such agent are
Special
Provisions.
•
1. Lessee shall deposit One Hundred & Ninety Five ($ 195. 00 )with REALTOR as
security for the full and faithful performance by Lessee of every provision, covenant, and condition of this
lease. If REALTOR" retains possession of such security with the consent of Lessor, REALTOR® shall deposit
such security in.an insured depository in an account separate from the accounts of REALTOR®. In the event
that Lessee defaults with respect to any of such provisions, covenants, or conditions, including, but not limited
to, payment of rent and additional rent, Lessor, or REALTOR®on behalf of Lessor, may use, apply, or retain
all or any part of such security deposited, plus any accrued interest required by law, for the payment of any
Security rent and additional rent in default, or for any other sum which Lessor may expend or be required to expend
Deposit. by reason of any default by Lessee, including any damages or deficiency in the re-letting of the property,
whether such damages or deficiency accrue before or after re-entry by Lessor. In the event that Lessee shall
fully and faithfully comply with every provision, covenant, and condition of this lease, such security deposited,
plus any accrued interest required by law, or any balance of them, shall be returned to Lessee after the removal
of Lessee and surrender of possession of the property, thoroughly clean and in good and substantial repair and
condition (normal wear and tear excepted), and within forty-five (45) days after the expiration of the term of
this lease. If the property is sold by Lessor during the term of this lease or any continuation of such term, Les-
see consents to the transfer of such security deposited by Lessee, plus any accrued interest required by law, to
the purchaser of the property. If Lessor consents in writing to an assignment or sublease of the.propery by
Lessee during the term of this lease or any continuation of such term, Lessee consents to the transfer of:such
security deposited by Lessee, plus any accrued interest required by law, to the credit of the assignee or sub-
lessee, such security to be held by Lessor or REALTOR? until the termination or the expiration of the
term of this lease.
• lease. This paragraph I7 s tall not be applicable to notices to pay or Yit, to civil warrants, or similar docu-
ments required by law to be served by judicial or similar officers.
18. If the property described in this lease consists of an apartment or apartments, Lessee agrees that the
following rules and regulations, and any additional reasonable rules or regulations subsequently adopted by
Lessor and of which Lessee receives reasonable notice, shall be a part of this lease. Lessee further agrees that
Rules and any failure by Lessee, or failure by others on the property with the consent of Lessee, to fully abide by such
Regulations. rules and regulations may be deemed by Lessor as a default by Lessee and breach of this lease. Lessor agrees,
if the property consists of an apartment or apartments, that Lessee shall not be required (a) to maintain or to
repair any furnace or water and gas pipes not located within such apartment or apartments, (b) to trim any t
grass or shrubbery, or (c) to keep any gutters or downsputs cleaned.
RULES AND REGULATIONS
A. The sidewalks, entries, hallways, passages, and stairways shall not be
obstructed nor used for any purpose other than ingress and egress to apart-
ments.
B. The doors, floors, skylights, and windows that reflect or admit light
into passageways or into other places in the building shall not be covered or
obstructed by Lessee.
C. Nothing shall be thrown out of skylights, windows, or doors or into
passageways.
D. No curtains, window shades, or awnings shall be installed by Lessee
without the approval of Lessor or REALTOR' of their style, material, and
quality, and any such curtains, shades, or awnings shall be at the expense of
Lessee, but they may be removed by Lessee upon termination of this lease.
E. Supplies may only be delivered to the property by side or rear en-
trances, and no delivery personnel shall be allowed in main hallways.
F. Use and occupancy of the property by Lessee shall be consistent with
the rights, privileges and welfare of all other lessees, and any noisy, offensive,
or dangerous conduct by Lessee or failure of Lessee to observe the rights,
privileges, and welfare of all other lessees shall, at the option of Lessor, be
deemed a default by Lessee and a breach of this lease for which Lessor shall
have all of the rights described in subparagraphs a and b of paragraph 14 of
this lease.
Modification, 19. This lease constitutes the entire agreement among the parties, and it may not be modified or changed
Applicable except by written instrument executed by Lessor, Lessee, and REALTOR. This lease shall be construed, inter-
Lass,and preted and applied according to the law of Virginia, and it shall be binding upon and inure to the benefit of the
Successors. heirs, personal representatives, successors, assignees, and sublessees of the parties.
IN WITNESS WHEREOF, the individual parties have signed and sealed this lease, and any corporate
party or parties have caused it to be signed and their corporate seals to be affixed and attested by their respec-
tive duly authorized officers.
LESSOR (or
duly authorized
agent of Lessor): v--t2 [SEAL]
[SEAL]
A /�
LESSEE: C 7 l .'��. ,..� [SEAL]
[SEAL]
REALTORg: [SEAL]
•
[SEAL]
•
(The foregoing form may only be used by members in god standing of the Virginia Association of REALTORS®. Ex-
pressly prohibited are the duplication or reproduction of such form, or the use of the name "Virginia Association of REAL-
TORSk" in connection with any written form, without the written consent of the Virginia Association of REALTORS.B)
VAR Form 200
Rev.6/77
THIS LEASE, hereinafter called, "Lease" , made this 15th
day of September 1976 between Javcr-Wocdbrook Land Trust,
hereinafter called "Landlord" and Rudy ' s Cleaners hereinafter
called "Tenant. "
WITNESSETH. P i t
1 . Landlord in consideration of the rent which tenant
agrees to pay , demises unto Tenant, the following property to -1
wit :f600 square feet,of shop space in The Woodbrook Village for
shopping fronting on US Route 29, North.
2. The term ofthe lease shall be for 2 years commencing at
noon on 9-1-76 and expiring at noon on 8-31-78. Occupancy of the
premises by the tenant shall be deemed to be acceptance of theHs
premises .
3 . Tenant shall provide all utilities to include heat, light,
water and electricity for the demised premises. It is understood
that these utilities are under one meter with Ritter Finance- and
it is agreed that Rudy ' s Cleaners shall :reimburse Ritter for 40%
of their billing which amounts to the pre rata share of floor space
in the corneroffice.
r
4. This lease shall terminate at noon on the last day of the
initial term. Should the lease be extended under any provision
herein then this Lease shall terminate at noon on the last day cf
the additional term. For 3 months prior tc the termination of this
Lease. The Landlord shall have the right to post "For Rent" signs
and at reasonable times, to show the premises to prospective tenants .
on lazt of
5. The total rent for the initial term of the lease is Five
Thousand, One Hundred Dollars due and payable in equal monthly
installments of ( $200. 00) Two hundred dollars for the first twelve
months and two hundred and twenty five ( $225.00) for the last
twelve months. In addition to the regular monthly payments of the
last twelve months there will be added the Consumer Price Index �J
increase from the first twelve months : On the first day of each
and every month the rent payments shall be made to Javor-Woodbrook
Land Trust and mailed to P. O. Box 5304, Barracks Road Station,.
Charlottesville, Va. 22901 ,F: a = . (its s,,,-^ ;et-w Ar
4.:...:"lottea4._12,`
6. Upon execution of this lease tenant shall give Landlord
a security deposit of $200 which will be returned to tenant upon
expiration cf this lease provided the demised premises are vacated
and turned back in good condition excepting fair wear and tear.
7. Tenant agrees that it will, at its own expense, maintain
adequate broad form public liability insurance for the protection of the
Landlord, as well as itself, in an amount of not less than 250/500,000
dollars and in addition will hold Landlord harmless for any and all lia-
bility for damages to any person, persons, firms or corporation resulting
from the Tenant's negligence suffered on, in or about the demised premises.
A certificate of insurance evidencing adequate protection shall be fur-
nished Landlord by Tenant upon request.
8. (a) If the building within which the demised premises are
located is destroyed or so injured by fire, or otherwise, as to render
the demised premises untenantable, this Lease shall terminate at the op-
tion of either party or, if Landlord elects to rebuild, then the rent
shall abate until the premises are restored. In case the untenantability
shall be only partial and the Tenant fails to exercise its option to ter-
minate within 30 days after said loss, there shall be a reasonable reduc-
tion of the rent for such time as may elapse until there be again upon
the premises a building of as much value to the Tenant for its use as the
so injured.
28. The failure of the Landlord to insist, in any one or more
instances, upon a strict performance of any of the covenants of this Lease,
or to exercise any option herein contained, shall not be construed as a
waiver, or a relinouishment for the future, of such covenant or option, but
the same shall continue and remain in full force and effect. The receipt
by the Landlord of rent, with knowledge of the breach of any covenant hereof,
shall not be deemed a waiver of such breach, and no waiver by the Landlord
of any provision hereof shall be deemed to have been made unless expressed
in writing and signed by the Landlord.
29. The Landlord, for itself, and its assigns, agrees that the
Tenant, upon paying the rental herein reserved and upon the performance of
the covenants and agreements herein provided to be observed and performed
by it, shall peaceably and quietly hold and enjoy the demised premises for
and during the term hereof, or any extension thereof.
30. This Lease executed by the Landlord and the Tenant in dupli-
cate merges all the understandings and agreements between the parties hereto
with respect to the leased premises and shall constitute the entire agree-
ment. It may not be modified except in writing, signed by the Landlord and
Tenant and endorsed hereto or attached hereto.
WITNESS the following signatures and seals of the parties hereto,
affixed to this Lease, executed in duplicate, effective the day, month and
year first above written.
CE1 TRAL VIRGINIA REAL ESTATE, INC.
Woodbrook Village Corporation, by
ATTEST:
s
United States Fidelity & Guaranty Company, by
Assistant Secretary' OA'
_—c
Vice President
A
f3{3
{
{
{
{
4
THIS LEASE, made this 1 I day of Sep±mber, 1968, by and between
CLAUDE W. COTTEN, INC. , a Virginia Corporation, having an office and place
of business in Charlottesville, Virginia, hereinafter called Lessor, and
Edna P. Burgess, 650 Evergreen Avenue, and Diane K. Clarke, of 606 Altavista
Avenue, both of Charlottesville, Virginia, t/a Woodbrook Beauty Salon,
hereinafter called Lessee,
WITNESSETH
That Lessor, for and in consideration of the covenants and
agreements hereinafter set forth to be kept and performed by the Lessee,
hereby leases unto the Lessee and, the Lessee hereby takes, accepts, and
rents from the Lessor the premises hereinafter set forth for the period, at.
the rental and upon the terms and conditions hereinafter set forth:
1. DEMISED PREMISES
The premises leased hereunder shall consist of a building
containing approximately(1,000jsquare feet of floor space to be built by
the Lessor in the shopping center to be known as the Woodbrook-Village-for-
Shopping located on the north side of U.S. 29 North, identified as building
E outlined in red on a plot plan annexed hereto and made a part hereof,
/ / /r '''and dated, J •.-� � ��-� and marked Schedule A, together with the
right to use, in common with other tenants of the shopping center, the
parking facilities in the area outlined in blue on Schedule A for the parking
of automobiles of customers, invitees or licences of lessee. The construction
by Lessor to include a store completed according to the design and
specifications approved by Lessee, the installation of fixtures and electrical
equipment to be completed by Lessee.
2. TERM OF LEASE
The term of this lease shall be for ten years, beginning on
October 1, 1968, or on the date on which the Lessor tenders possession of
the leased property to the Lessee if such a date shall be subsequent to
WOODSON NASH.nd EDELSON
'0-COURT SOUARE
CHARLOTTESVILLE.VA
t
for such additional five terms, then Lessee may renew this lease for a
i
i
first five year renewal term. The basic rental for such first rental term 1
to be $2,760.00 per annum, plus such direct proportionate increase in
addition to the $2,760.00 figure as the ratio of the Consumer Price Index
. I .
I
for Charlottesville in Albemarle County, the the State of Virginia, as
I
1
published by the Bureau of Labor Statistics of the United States Department , 1
of Labor, in 1968 is to the Index published as of June 1978. And the
renewal rent for the second five year term, if any, to be computed similarly
for the appropriate years with respect to the said Index. Lessee shall give
to Lessor at least six months written notice prior to expiration of the
current term to be renewed, such renewal or renewals to be on the same terms
and conditions as the original lease term except for such modification of
rental.
IN WITNESS WHEREOF, the parties hereto have affixed their
signatures and seals the day and year first written above.
l
CLAUDE T N, C. , Virginia Corporation
// r
_
. By ._ 43 / 7 4r--- (SEAL)
President
6 7"
�e-�,>> / • i 1"A"!/ 0-{----._.-- (SEAL)
Edna P. Burgess, Partner
9 � /
6---') ( -/-' . (2/ . ,eq '. /Z k. (SEAL)
Diane K. Clarke, Partner
T/A Woodbrook Beauty Salon
/OOUSON.NASH And EDELSON
'O'COURT SQUARE
CHARLOTTESVILLE.VA.
-5-
•
THIS LEASE, hereinafter called "Lease" made this day of July,
1977, between JAVOR-WOODBROOK LANDTRUST, Charlottesville, Virginia, herein-
after called "Landlord", and UNITED STATES FIDELITY AND GUARANTY COMPANY,
a Maryland corporation, with its principal offices at Baltimore, Maryland,
hereinafter called "Tenant".
WITNESSETH:
1. The Landlord, in consideration of the rent which Tenant agrees
to pay, demises unto Tenant, the following property, hereinafter referred
to as "premises", to wit:
L748 square feet of second floor office space in the Woodbrook Village
Shopping Center, Albemarle County, Virginia
2. The term of the Lease shall be for two (2) years, commencing at
noon on October 1, 1977 and expiring at noon on October 1, 1979.
3. Landlord shall provide water and sewerage.
4. For three (3) months prior to the termination of this Lease, the
Landlord shall have the right to post "For Rent" signs and, at reasonable
times, to show the premises to prospective tenants.
5. The total rental for the term of Lease is Four Thousand Nine
Hundred Twenty and 00/100 ($4,920.00) Dollars due and payable in lawful
money of the United States of America in equal monthly installments of Two
Hundred and 00/100 ($200.00) Dollars on the first day of the first month
and on the first day of each month thereafter during the first year of the ! -
Lease term, and Two Hundred Ten and 00/100 ($210.00) Dollars on the first
day of each month during the second year of said term, without demand being
made therefore, to Javor-Woodbrook Landtrust of Charlottesville, P. 0.
Box 5304, Barracks Road Station, Charlottesville, Virginia 22901, or at
such other place as the Landlord may from time to time designate in writing.
6. The demised premises are to be used as the place for business
of Tenant and for no other purpose.
7. Tenant agrees that it will, at its own expense, maintain adequate
electricity and janitorial services at the demised premises plus public
liability insurance in an amount of not less than 250/500,000 dollars and
in addition will hold Landlord harmless for any and all liability for damages
to any person, persons, firms or corporation resulting from the Tenant's
negligence suffered on, in or about the demised premises. A certificate
of insurance evidencing adequate protection shall be furnished Landlord
by Tenant upon request.
8. (a) If the demised premises are totally destroyed by fire or other
casualties, both the Lessor and Lessee shall have the option of terminating
this Lease or renewal thereof, by givigg written notice at any time within
thirty days from the date of such destruction, and if the lease be so
terminated, all rents shall cease as of the date of such destruction and
any prepaid rent shall be refunded.
(b) If such premises are partially damaged by fire or other cas-
ualties, or totally destroyed thereby and neither party elects to terminate
this Lease within the provisions of paragraph (a) above, then the Lessor
agrees, at its own cost and expense, to restore the demised premises to
a kind and quality substantially similar to that immediately prior to such
destruction or damage. Said restoration shall be commenced within a reason-
able time and prosecuted to completion without delay on the part of the
Lessor and in any event shall be accomplished within one hundred and fifty
days from the date of the fire or other casualty. In such case, all rents
made in advance shall be apportioned as of the date of damage or destruction
and all rent thereafter accruing shall be equitably and proportionately
suspended and adjusted according to the nature and extent of the destruction
or damage, pending completion of rebuilding, restoration or repair, except
that in the event the destruction or damage is so extensive as to make it
unfeasible for the Lessee to conduct its business on the demised premises,
the rent shall be completely abated until the premises are restored by the
Lessor, or until the Lessee resumes the conduct of his business on the
demised premises, whichever shall first occur. The Lessor shall not be
liable for any inconvenience or interruption of business of the Lessee
occasioned by fire or other casualty.
- 1
WITNESS the following signatures and seals of the parties hereto, affixed
to this lease, executed in duplicate, effective the day, month and year first
above written.
JAVOR--WOODBROOK LANDTRUST
WITNESS:
By: OP �lL
enry'J avo
UNITED STATES FI LITY AND GUARANTY COMPANY
ATTEST: 104;)Aer°44Amr
By:
Vice President
Assist nt Secret ry
: 416;
•
}t}
x`
s'.
- J ' V
THIS LEASE, made this 25th day of January , 1978 and between
JAVOR-WOODBROOK LAND TRUST, hereinafter called "LESSOR" and
M. R. Reese ( Bru-Craft) hereinafter called LESSEE.
WI TNESSETH
THAT the said Lessor , for and in consideration of the rents
and covenants hereinafter reserved and contained and to be paid,
kept, and fulfilled on the part of the said Lessee, has left, and
by these presents does grant and demise unto Lessee, the following
premises :
That portion of the Terrace Level Building I, Woodbrook
Village Shopping Center. In Albemarle County , Virginia containing
approximately 800 square feet.
To have and to hold the same for the initial term of one (1 )
year , commencing as hereinafter set forth. The annual rental shall
be the sum of Two Thousand Four Hundred ( $2400 ) Dollars , payable in
monthly installments in advance in the sum of Two Hundred ( $200)
Dollars which includes the real estate taxes at the present rate .
All rents shall be payable to Lessor at the offices of Rugby Realty ,
Henry Javor, 611 Rugby Road, Charlottesville , Virginia 22903 . Receipt
of the first monthly rental in the amount of Two Hundred ( $200)
Dollars is hereby acknowledged by Lessor.
The landlord acknowledges receipt from the Lessee of the sum
of Two Hundred ( $200 ) Dollars as security for the faithful performance
by the lessee of the covenants and conditions contained in this lease.
At the conclusion of the term of this lease, the security deposit
will be returned to the Lessee provided the Lessee has complied with
the terms and conditions of the lease . Should Lessee terminate this
lease at the expiration of the first year then Lessor shall retain the
security deposit.
Lessee shall have the option to extend this lease for two
additional two year periods , commencing the first day after the
termination of the original term hereof, upon the terms and conditions
contained herein, except that the rent shall be determined as follows :
the annual rent for the first year of the extended term shall be
adjusted proportionately to the change in the Consumer ' s Price Index
of the U. S. Department of Labor for the period from Feb. 1 , 1978
to Jan . 31, 1979 : the rent for the second year of the extended term
shall be the rent for the prior year similarly adjusted by the change
in the same index from Feb. 1, 1979 to Jan. 31 , 1980 : the rent for
the third year of the extended term shall be the rent for the prior '
year similarly adjusted by the change in the same index from
Feb. 1 , 1980 to Jan. 31, 1981. Lessee shall exercise the option
by giving Lessor written notice prior to the termination date of
the original term: The rent for the fourth year of the extended term
shall be the rent for the prior year similiarly adjusted in the same
index from Feb. 1 , 1981 to Jan . 31 , 1982 . „ 1
The parties further agree : .
(a ) Lessor certifies that all mechanical equipment of the premises
is in good operating condition.
(b) That Lessee can obtain all business licenses and permits from
county to operate .
provided, nor sh- 11 any other act or miss: 1 to act in apparent '
affirmance of tliw'tenancy operate as a waiter of the rioht to
�` , , '� terminate this lease or any renewal thereof or of any other right
of Lessor under the -provisions of this lease provided by law.
11 1G. It is agreed that the provisions, covenants and
conditions of the lease 'shall bind and insure to the benefit of
, the legal reprosentativcs, successors and assigns of the
respective parties hereto. .
1 i7 I
Lessor expressly reserves the right to enter upon
, the leased premises at reasonable hours upon reasonable notice to
Iexamine or inspect the same, or to exhibit the premises to 1
; prospective tenants, purchasers, or others; to enter at any time i
in the event of an emergency, and to enter the leased premises.'end
i display and maintain a sign or notice "For Rent" or "For Sale" , or;
! other similar signs, on windows or doors in the leased premises, at
•
' 1 any time within sixty days before the expiration or sooner termin-,
ration of the lease.
j .
f 18. Lessee shall save Lessor harmless from any liability' .
1 to any person, for damage to person or property in or upon the
leased premises and the sidewalks and adjacent to the same, I
1including the person and property of Lessee and its employees and '
(' all persons in the building at its or their invitation g resultin
from any such causes. The following provisions shall be complied i '
is with:
il
11 1-9. Lessee shall pay for all utility services delivered
to the demised premises, and Lessor warrants that meters for such 1
11services are presently upon the demised premises.
11
20 In the event that a merchant 's association in or-
ganized, Lessee agrees to become a member and abide with its
rules and regulations. I-iowever, Lessee ' s liability hereunder
is limited to a total annual cost of Eighty-five ($85 .00) Dollars.
21 - In the event that the real estate taxes on the land .
and buildings within the Shopping Center shall be increased in any :
•
!year during the term of this lease or any extension or renewal
'thereof over the amount of such taxes due and payable during the
year 1976, either by reason of any increase in assessed valuation
or an increase in the applicable tax rates, Lessee shall pay to
Lessor, as additional rent, within thirty (30) days after demand
by Lessor, Lessee ' s proportionate share shall be computed on the •
basis that the total floor area of the demised premises bears to
the total floor area of the Shopping Center. In presenting a
claim for additional rent pursuant to the provisions of this para
;graph, Lessor shall present substantiating evidence reasonably
satisfactory to Lessee to justify such claim. In the event that
!the claim for payment is not made in the year in which any tax in- .
crease occurs, then as to that particular year"-Lessee shall have
l!no liability for the additional rent hereunder.
I.
h IN WITNESS WHEREOF, the Lessor and Lessee hereunto set i ,
:.their hands and seals that day and year above written.
1
Bya;-41,,
Javor-Woodbroo .!tT,zeilst
i
)14.44,4".Ls_
By
4 , 4
Marvin R. Reese
Bru-Craft
RE-3
1 66 GFSI.
LEASE AGREEMENT
1. PARTIES. THIS LEASE AGREEMENT is between
Claude W. Cotten, Inc.
herein referred to as LESSOR, and THE SOUTHLAND CORPORATION, a Texas Corporation,
herein referred to as LESSEE.
2. PREMISES. LESSOR hereby leases to LESSEE and LESSEE leases from LESSOR. for
the term and upon the terms and conditions hereinafter set forth, the premises described in Sche-
dule A and shown on the plot plan which is Schedule B, both of which Schedules have been initialed
") by the parties and are attached hereto and made a part hereof, together with the building and of her
improvements to be constructed thereon as hereinafter provided, and together with the right, to
use all adjoining parking areas, driveways, sidewalks, roads, alleys a- l ^ie:,n: of ingress •i^-t
egress, insofar as LESSOR has the power to lease or license the use the ' —tale 13
flicts with any revised plot plan as hereinafter provided, the revised plot plan control.)
3. CONSTRUCTION. LESSOR agrees at LESSOR'S expense to construct on the leased premi-
ses a building and other improvements in accordance with plans and specifications approved by
fk
'" LESSEE. LESSOR acknowledge receipt of Set No4:.c.{pig J_of LESSEE'S standard plans and
y
21 Set No._ of LESSEE'S standard specifications. The parties agree promptly to obtain an
22 architect's plot plan and, if any revision of LESSEE'S standard plans and specifications is nec' s-
sary, to obtain revised plans and specifications, the plot plan and any revision of the plans ; nd
• specifications to be approved by LESSEE and the cost•thereof to be paid by LESSOR. LESSE 'S
approval shall be evidenced by the signature of LESSEE'S authorized representative on the l of
- plan and on the top sheet of each set of plans and specifications. LESSOR agrees on or before
August 31 , 19 68 , to complete construction of the building
2"' and other improvements in strict accordance with the plot plan and plans and specifications as <• p-
;'" proved by LESSEE. If without the prior written consent of LESSEE to extend the time for
;',' construction, which consent LESSEE shall not unreasonably withhold, LESSOR shall fail :to
complete the construction on or before the agreed date, LESSEE may enforce specific perforin-
3:' ance of LESSOR'S convenants and agreements or may pursue any other available legal or equita-
ble1 remedy. If LESSOR for any reason whatever shall fail to complete the construction befre
-;6 August 31 , 19 68 , LESSEE shall have the option to tern i-
37 nate this lease.
^fi
39 4. TERM. The primary term of this lease shall commence on the first day of the first caln-
41' dar month following. (1) 15 days after the acceptance by LESSEE'S architect of the building and j
41 other improvements to be constructed on the demised prenmises, or (2) the date that LESSEE or
42 its assigns shall first be open for business to the public, whichever event first occurs; and shall
9<t
41 continue for a period of twenty years thereafter, unless sooner terminated or extended as
45 hereinafter provided. Should such event occur on other than the first day of a calendar month,
46 LESSEE agrees to pay a proportionate part of the monthly rental herein provided for that month
17,
1S only. LESSEE shall have and is hereby granted a total of one _successive options to extend
50 the term of this lease for any period of time not exceeding_ f iye ___ _years for each such option
51 upon the same covenants and conditions as herein provided. If LESSEE shall elect to exerci e
52 one or more of such options it shall do so by giving LESSOR written notice at least 90 days pri r
3 to the expiration of the primary term or of the then current extension, and in such notice LE -
51 SEE shall state the date to-which it elects to extend the term.
5. RENT. LESSEE agrees to pay to LESSOR or his designee a minimum rental of_ five
4_
57
78 hundred fifty Dollars ($550.00 ) per month for each and every month during the
59 term of this lease, such monthly rental to be paid in advance on or before the fifth day of each
6{1 month (unless such rental shall be abated or diminished as provided hereinafter). Not later than
-61 60 days after the end of each calendar year, LESSEE shall furnish LESSOR a statement showing
62 the gross sales (computed as hereinafter provided) made in the store on the leased premises dur-
63 ing such calendar year. At the time such statement is furnished LESSEE agrees to pay to LES-
ei 1
i-5 SOR, as additional rent due hereunder, an amount of money equal to_ two per cent
( 2 %) of such sales, less the total of the monthly rentals paid during the preceding
1'K calendar year. In computing sales for the purposes of this provision, LESSEE shall take the tot I
c :{ amount of all sales of every kind made in the store on the leased premises and deduct therefrom
the following to the extent that same are included in such total amount: (1) refunds made to
71 customers, (2) sales, excise and gross receipts taxes, and (3) proceeds from the sale of money
79 orders (fees received for issuance of money orders shall not be deducted). Such rental payments
7.; may be paid by check and sent to LESSOR by ordinary first class mail.
7•l
75 6. USE. The premises may be used for the retail sale of merchandise customarily sold at
stores operated by or under franchise from LESSEE or at grocery stores of the type commonly
77 called supermarkets,including but not limited to groceries, produce, meat, dairy products, beer, wine7 !
8 and alcoholic beveragesocaglaimer=bqsztamiesomprzdinds, and sundries, or for any other lawful
79 purpose. LESSEE agrees promptly to apply for an "offsale" beer and wine license for the premises.
�► If LESSEE finds that such a license is not obtainable, irSxtrnbxatermitridltxidadftxlesLxct3ttk
Alitzec t m H xis. pert io ncakAhisc xdn#c cabaSarttac kic#:othttrgintltR ✓
g'- citherentht r n ESEEix iaibnotx3xrsc butttltxttxittittscR
Page 1 V
Due to land restrictions but not for any other reason Lessee may terminate this
lease. Lessee shall conform to any local laws regarding alcoholic beverages.
`vise `quo"
•
and agreements of this lease shall quietly have, hold and enjoy the demised premises and all rights
_ granted LESSEE in this lease during the term thereof and extensions thereto, if any.
24. SUBORDINATION. LESSEE hereby agrees that its leasehold interest hereunder is sub-
ordinate to any mortgages now on, or hereafter to be placed on, the premises leased hereunder;
provided, as a condition precedent to such subordination, each such mortgagee shall expressly cove-
nant or each such mortgage shall expressly provide that so long as the LESSEE is not in default
under said Lease Agreement, the LESSEE'S quiet possession of the portion of the premises leased
hereunder shall remain undisturbed, on the terms and conditions stated herein, whether or not
the mortgage is in default and notwithstanding any foreclosure or other action brought by the
holder of the mortgage in connection therewith.
t' 25. NOTICES. Any notices required or permitted hereunder shall be in writing and delivered
either in person to the other party or the other party's authorized agent, or by United States Certi-
1. fied Mail, Return Receipt Requested, postage fully prepaid, to the addresses set forth hereinafter,
+' or to such other address as either party may designate in writing and deliver as herein provided.
f !
LESSOR:
Claude W. Cotten, Inc.
204 Woodbrook Drive
Charlottesville, Virginia 22901
LESSEE:
THE SOUTHLAND CORPORATION
°,0 Attn: Director of Property
2828 North Haskell Avenue
3(; Dallas, Texas 75204
• ') 26. RECORDATION. This lease agreement shall not be filed for public record by any party
33 hereto, but when the construction of the building and other improvements is completed as herein
'i provided LESSOR and LESSEE shall execute and acknowledge a memorandum or short form lease
35 setting forth the parties, description of the leased premises, term of the lease, options for
:it3 extension of the term, if any, and any other provision hereof, the inclusion of which shall be mutu-
• ally agreed upon by LESSOR and LESSEE, which memorandum or short form lease may be filed,
b for public record by any party hereto. However, at the option of either r arty, 2 short form of
19 memorandum of le:se may be riled by either pa;"ty at any time after the execution of this lease
agreement.
4,
2 27. COMPLETE AGREEMENT. This lease contains a complete expression of the agreement
•'_ ' between the parties and there are no promises, representations or inducements except such as are
•_= herein provided.
4 .
47
4t'5i! 28. Pursuant to Item 3, the Lessor has submitted to the Lessee an exterior
51 elevation treatment and foundation modification, which is a deviation from the
,/,'"A2plan specified to the Lessor. This exterior elevation treatment and foundation
rn ' modification will be incorporated into the building construction as shown on
„5 master plot plan.
56
62
•1
- This lease agreement shall inure to the benefit of and be binding upon the parties hereto
i;u and their respective heirs, legal representatives, successors and assigns.
7tf EXECUTED BY LESSOR this \ day of S__ - , 19 s 7
72 ATTEST: LE
73 rrPn, Tnc_ (Seal)
,..
i e raP/W.W441#14 ' --_
7( P esi ent �f
7c Secretary
77 EXECUTED BY LESSEE this_ '•7--- day of�& .h p�
7!4ATTESTS THEi SOUTHLAND CORPORATION •l\L\a„tkt- \.P.14.1—/ ._t; CI • • _ (Seal)
;4•? Assistant Secre ary Vice liresident
Page 4
THIS LEASE, made this 25th day of January , 1978 and between
JAVOR-WOODBROOK LAND TRUST, hereinafter called "LESSOR" and
M. R. Reese ( Bru-Craft) hereinafter called LESSEE.
WITNESSETH
THAT the said Lessor , for and in consideration of the rents
and covenants hereinafter reserved and contained and to be paid,
kept, and fulfilled on the part of the said Lessee, has left, and
by these presents does grant and demise unto Lessee, the following
premises :
That portion of the Terrace Level Building I, Woodbrook
Village Shopping Center. In Albemarle County , Virginia containing
approximately1800tsquare feet.
To have and to hold the game for the initial term of one (1 )
year , commencing as hereinafter set forth. The annual rental shall
be the sum of Two Thousand Four Hundred ( $2400 ) Dollars , payable in
monthly installments in advance in the sum of Two Hundred ( $200)
Dollars which includes the real estate taxes at the present rate .
All rents shall be payable to Lessor at the offices of Rugby Realty ,
Henry Javor, 611 Rugby Road, Charlottesville , Virginia 22903 . Receipt
of the first monthly rental in the amount of Two Hundred ( $200)
Dollars is hereby acknowledged by Lessor.
The landlord acknowledges receipt from the Lessee of the sum
of Two Hundred ( $200 ) Dollars as security for the faithful performance
by the lessee of the covenants and conditions contained in this lease.
At the conclusion of the term of this lease, the security deposit
will be returned to the Lessee provided the Lessee has complied with
the terms and conditions of the lease . Should Lessee terminate this
lease at the expiration of the first year then Lessor shall retain the
security deposit.
Lessee shall have the option to extend this lease for and
additional two year periods , commencing the first day after the
termination of the original term hereof, upon the terms and conditions
contained herein, except that the rent shall be deteiuhined as follows :
the annual rent for the first year of the extended term shall be
adjusted proportionately to the change in the Consumer ' s Price Index
of the U. S. Department of Labor for the period from Feb. 1 , 1978
to Jan . 31, 1979 : '-the rent for the second year of the extended term
shall be the rent for the prior year similarly adjusted by the change
in the same index from Feb. 1, 1979 to Jan. 31 , 1980 : the rent for
the third year of the extended term shall be the rent for the prior
year similarly adjusted by the change in the same index from
Feb . 1 , 1980 to Jan. 31, 1981 . Lessee shall exercise the option
by giving Lessor written notice prior to the termination date of
the original term.
The parties further agree :
(a ) Lessor certifies that all mechanical equipment of the premises
is in good operating condition.
(b) That Lessee can obtain all business licenses and permits from
county to operate .
4
iprovided, no- shall any other act or om, ion to act in apparent
affirmance oSmikhe tenancy operate as a waiver of the right to
terminate this lease or any renewal thereof or of any other right
of Lessor under the provisions of this lease provided by law.
III 16. It
' conditions of the leasereed shallhat bindhe androv insurento theenants benefitnd of
1; the legal representatives, successors and assigns of the
I respective parties hereto. .
17 Lessor expressly reserves the right to enter
; the leased premises at reasonable hours upon reasonable noticento
examine or inspect the same, or to exhibit the premises to
1; prospective tenants, purchasers, or others; to enter at any time
in the event of an emer ency
nter the
; display and maintain a signora notice nd to e"For Rent" ored"Foremises Sale" and:,
! other similar signs, on windows or doors in the leased or
Zany time within sixty days before the expiration or soonermtermin-.
ration of the lease.
18. Lessee shall save Lessor harmless from an liabil ' ;
to any person, for damage to person or property in or upon the ity
Ileased premises and the sidewalks and adjacent to the same,
includin
including the person and property of Lessee and its employees and
all persons in the building at its or their invitation resulting
1from any such causes. The following provisions shall b
, with: e complied
ii
i 19. Lessee shall a for all util
ity Y services delivered
Ito the demised premises, and Lessor warrants that meters for such 1
Ilservices are presently upon the demised premises.
S
II
Ii 20 In the event that a merchant ' s association in or-
ganized, Lessee agrees to become a member and abide with its
+ rules and regulations. However, Lessee ' s liability hereunder
Lis limited to a total annual cost of Eighty-five ($85 .00) Dollars . :
2i
- In the event that the real estate taxes on the land
;, and buildings within the Shopping Center shall be increased in any
(I!year during the term of this lease or any extension or renewal
( thereof over the amount of such taxes due and p a able durin
the
year 1976, either by reason of any increase in valuation
'or an increase in the applicable tax rates, Lessee shall pay to
Lessor, as additional rent, within thirty (30) days after demand
by Lessor, Lessee ' s proportionate share shall be computed on the
•
basis that the total floor area of the demised premises bears to
the total floor area of the Shopping Center. In presenting a
claim for additional rent pursuant to the provisions of this para
graph, Lessor shall present substantiating evidence reasonably
satisfactory to Lessee to justify such claim. In the event that
'the claim for payment is not made in the year in which any tax in-
crease occurs, then as to that particular year"Lessee shall have
lino liability for the additional rent hereunder.
I. IN WITNESS WHEREOF, the Lessor and Lessee hereunto set
'their hands and seals that day and year above written.
i - - -
By
Java oodbrook n r st
By
Marvin R. Reese
Bru-Craft
I
1
THIS LEASE, made this tot"- day of
1975 by
jand between C. TIMOTHY LINDSTROM, Receiver in Bankruptcy for
WOODBROOK VILLAGE CORPORATION, a Virginia Corporation, hereinafter 1
called "Lessor" , and RITTER FINANCE COMPANY, INCORPORATED OF LOUISA ,
a Virginia Corporation, hereinafter called "Lessee"
• W I T N E S S E T H:
THAT the said Lessor, for and in consideration of the + - , ,
rents and covenants hereinafter reserved and contained and to be 1
paid, kept and fulfilled on the part of the siad Lessee, has left, Y
and by these presents does grant and demise unto Lessee, the
following premises:
THAT portion of the corner unit in Building I , Woodbrook
Village Shopping Center, in Albemarle County, Virginia, contain-
ing approximately `18 ' -x 40 ` and a hallway `6 ' by 17 .5 ')
To have and to hold the same for the initial term of
five (5) years, commencing as hereinafter set forth. The annual
rental for the first two years hereunder shall be the sum of
Three Thousand Seven Hundred Twenty ($3 , 720.00) Dollars payable inl
monthly installments in advance in the sum of Three Hundred Ten
($310.00) Dollars. The annual rental for the remaining three
years shall be the sum of Four Thousand Two Hundred ($4, 200.00)
Dollars payable in monthly installments in advance in the
Three Hundred Fifty ($350.00) Dollars. All rents shall be payable j
to Lessor at the offices of Bailes, Lindstrom and Tucker, LTD,
P.O. Box 57, Charlottesville, Virginia 22902. Receipt of the first
monthly rental in the amount of Three Hundred Ten ($310.00) is
hereby acknowledged by Lessor.
Lessee shall have the option to extend this lease for
an additional five (5) year period, commencing the first day after
the termination of the original term hereof. Lessee shall exercise
the option by giving Lessor prior written notice thereof at least
ninety (90) days prior to the termination date of the original term.
All terms and conditions of this lease shall be applicable to the
extended term except that the annual rental shall be renegotiated.
The parties further agree: :
1. Lessee ' s liability hereunder is expressly contingent
upon:
a. Lessee' s ability to obtain, during the ensuing sixty
1(60) days, a small loan license from the State of Virginia, if
i
the '
iduring the said period it shall have secured such license, 1
(lease shall be deemed in full force and effect; if not this lease +
ishall be deemed void and of no effect. Upon Lessee obtaining such 1
'incense, or of its inability to secure the same, the Lessee shall
'forth with inform Lessor thereof.
b. The Lessor; s completing improvements to the premises
lin accordance with Exhibit "A" which is attached hereto and made +
Part hereof as "Lessor ' s Work" . All of the improvements set forth 1
lin Exhibit "A" shall be completed in a good and workmanlike fashion
to the reasonable satisfaction of Lessee.Upon completion of the foregoing work in Exhibit "A" and
this lease beccming operative, Lessee shall pay to Lessor Fifty (501
'percent of the foregoing cost as its prorated share of the afore-
lsaid improvements.
. 4 1
1 1
prime cost as they occur. Lessee shall then submit the pro rata
share of the cost for payment to the tenant of the unoccupied
area. In the event that the portion remains unoccupied, Lessee
shall pay the entire cost of servicing the above heating and air
conditioning system. If the tenant of the unoccupied area does
not pay the above cost, Lessee may proceed for payment as out •
-
lined in paragraph twenty-three of this lease.
25. This lease is subject to approval by the Bank-
ruptcy Court having jurisdiction in the proceeding in which the a
Lessor is acting as Receiver, for Woodstock Village Corporation,
the designated debtor. Lessor shall present a copy of such ap-
proval, decree or order to Lessee prior to the commencement date '
hereof.
26. In the event that a merchant 's association in or-
ganized, Lessee agrees to become a member and abide with its
rules and regulations. However, Lessee ' s liability hereunder
is limited to a total annual cost of Eighty-five ($85.00) Dollars.
27. In the event that the real estate taxes on the land
and buildings within the Shopping Center shall be increased in any '
year during the teiia of this lease or any extension or renewal
thereof over the amount of such taxes due and payable during the
year 1976, either by reason of any increase in assessed valuation
or an increase in the applicable tax rates, Lessee shall pay to
Lessor, as additional rent, within thirty (30) days after demand
by Lessor, Lessee 's proportionate share shall be computed on the
basis that the total floor area of the demised i rem p ses bears to
the total floor area of the Shopping Center. In presenting a
claim for additional rent pursuant to the provisions of this para-
graph, Lessor shall present substantiating evidence reasonably
satisfactory to Lessee to justify such claim. In the event that
the claim for payment is not made in the year in which any tax in- 1
crease occurs, then as to that particular year Lessee shall have
no liability for the additional rent hereunder.
IN WITNESS WHEREOF, the Lessor and Lessee hereunto set iti
'their hands and seals that day and year above written. By his
signature hereto, acknowledges and accepts the foregoing lease,
t '
Claude W. Cotton, Inc. , being the sole shareholder of Woodbrook K; t Villa e Corporation,.
I '
. ,
By
C. Timothy indstrom, Receiver ford
Woodbrook illage Corporation,
a bankrupt R
Witness E
RITTER FINANCE COMPANY, INCORPORATED E `
OF LOU
Attest: ' , /:///
By 41'
/ Secretary /4 f f r
4 , .
v1 _
a Timothy L nd from, Receiver for
Claude W. C tton, Inc. T r.44-S t��
r"V F31 • A' ff S , J rr 3 ( . rhenf- tS fr /'! p/cE
cLa, F"c Pr'-"r
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