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ACTIONS
Board of Supervisors Meeting of June 3, 2009
June 4, 2009
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to Order.
• Meeting was called to order at 9:05 a.m. by the
Chairman, Mr. Slutzk y. All BOS members
were present. Also present were Bob Tucker,
Larry Davis, Ella Jordan and Meagan Hoy.
4a. Recognition: Bright Stars.
• Terry Higgins gave a history of the program,
and Kathy Ralston thanked all the people that
had worked to make Bright Stars a successful
program.
4b. Recognition: Proclamation recognizing May 29,
2009 as Charlottesville/Albemarle Senior
Independence Day.
• Chairman read the proclamation into the
record.
(Attachment 1)
5. From the Board: Matters Not Listed on the
Agenda.
Lindsay Dorrier:
• Discussed the rezoning request for the Yancey
property in Crozet. After some discussion, Lee
Catlin indicated that this request should be
coming forward September 2009.
Ann Mallek:
• VDOT is mowing less, but the plus side of that
is that the milkweed can grow, and in turn the
monarch butterflies are flourishing when they
normally don’t this time of year.
• Asked for clarification on Family Division
parcels. Larry Davis said he is working with
Planning to bring information to the Board.
Sally Thomas:
• She is the Board’s representative on RW SA.
Provided an update on sewer plans for the
area.
6. From the Public: Matters Not Listed for Public
Hearing on the Agenda.
• James Dubovsky commented on the proposed
noise ordinance and mentioned the problems
with barking dog in the Rural Areas.
• Charlotte Self, Tim Tolson, and Bill Schrader
all spoke in support of moving forward quickly
with the Crozet Library project.
• Kip Newland thanked the Board and VDOT for
their work on the Advance Mills bridge project.
7.2 FY 2009 Appropriations.
• APPROVED budget amendment in the amount
of $106,942.99 and APRPOVED
Appropriations #2009061, #2009062,
#2009063, and #2009064.
Clerk: Forward copy of signed appropriation
forms to Finance and appropriate individuals.
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7.3 Resolution of Intent to Amend the Subdivision
Ordinance regarding prerequisites to submitting
final site plat.
• ADOPTED Resolution of Intent to amend
Albemarle County Code § 14-221 and other
related sections.
Clerk: Forward copy of adopted resolution to
Community Development and County
Attorney’s Office. (Attachment 2)
7.4 Cancel August 12, 2009 Board of Supervisors’
Meeting.
• CANCELLED August 12, 2009 Board of
Supervisors’ meeting.
Clerk: Notify appropriate individuals.
7.5 Traffic Light Signal Monitoring Systems (“Photo
Red systems”).
• APPROVED staff moving forward with the
project and DIRECTED preparation of a Photo
Red ordinance.
John Miller/Larry Davis: Proceed as directed.
8. Annual Presentation, Dr. Frank Friedman, PVCC.
• RECEIVED.
9. Annual Report, Commission on Children and
Families.
• RECEIVED.
10. Crozet Library Update.
• APPROVED, by a vote of 6:0, the schematic
design as presented and DIRECTED staff to
proceed to Construction Design.
Bill Letteri: Proceed as directed.
11. Ordinance Amendment – Chapter 4, Animals and
Fowl.
• AUTHORIZED, by a vote of 6:0, to set the
public hearing for July 8, 2009 on the proposed
ordinance, as modified by the amendments
agreed to be included at the work session.
Clerk: Advertise public hearing for July 8,
2009.
12. Public Hearing: Buck’s Elbow Mountain Tower
Lease.
• APPROVED, by a vote of 6:0, the attached
lease.
(Attachment 3)
13. Public Hearing: PROJECT: SP 2009-0004 Old
Crozet School Arts.
APPROVED, by a vote of 6:0, SP-2009-004
subject to one condition.
Clerk: Set out condition of approval.
(Attachment 4)
14. Public Hearing: The Old Crozet School Arts
Lease of the Old Crozet Elementary School.
• APPROVED, by a vote of 6:0, the lease with
the OCSA and AUTHORIZED the County
Executive to sign the lease on behalf of the
County.
(Attachment 5)
17. Closed Meeting.
• At 11:59 a.m., the Board went into Closed
Meeting to consider appointments to boards,
committees, and commissions; to conduct an
administrative evaluation; to discuss with legal
counsel and staff specific matters requiring
legal advice relating to the negotiation of a
contract for services provided by the SPCA;
and to discuss with legal counsel and staff
specific matters requiring legal advice relating
to the negotiation of an agreement related to
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the provision of public safety services.
18. Certify Closed Meeting.
• At 2:17 p.m., the Board reconvened into open
meeting and certified the Closed Meeting.
19. Appointments: Boards and Commissions.
• Appointed Melissa Celii, Emilie Johnson and
K. Edward Lay to the Historic Preservation
Committee, with said terms to expire June 4,
2012.
• Appointed Kurt Keesecker, as the AHIP
representative, to the Housing Committee, with
said term to expire December 31, 2011.
• Appointed Jean W yant to the Jefferson Area
Board on Aging, with said term to expire March
31, 2011.
• Reappointed W illiam Harvey to the Advisory
Council on Aging, with said term to expire May
31, 2011.
Clerk: Prepare appointment/reappointment
letters, update Boards and Commissions book,
webpage, and notify appropriate persons.
20a. VDOT Monthly Report.
• Allan Sumpter provided the following additional
updates:
• David Slutzky stated that several citizens
expressed the community’s appreciation of
the excellent work VDoT did with the
Advance Mills Bridge project.
• VDoT crew is working on applying tar and
gravel surface on W alnut Level Road. The
next rural rustic project for tar and gravel is
Old Green Mountain Road.
• VDoT has received approval for right-of-
way authorization for Jarman’s Gap Road.
• VDoT has been mowing primary routes,
Route 29 and Route 250. They will next go
to other primaries such as Routes 22/231,
and then go to the secondary roads. They
will also be addressing some site distance
problems at intersections.
20b. Transportation Matters not Listed on the Agenda.
Ken Boyd:
• Asked for an update on the Meadow Creek
Parkway. Mr. Sumpter said there is quite a bit
of work going on. Currently they are doing
bridge and slope work. Most of the current
work is on underlying structures and necessary
work prior to most of the road bed. At this
time, ever ything is on schedule.
Sally Thomas:
• Mentioned traffic backup at Broomfield Road
on Route 250 W est. Mr. Sumpter said he will
check into it. He added that the signal at
Farmington will be upgraded due to a safety
issue.
Dennis Rooker:
• Asked about the schedule for review and
approval of the public hearing package for
Clerk: Forward comments to Sue Kennedy
and Allan Sumpter.
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Georgetown Road. Mr. Sumpter said the
package was submitted about a week ago and
the turnaround is between 30 and 60 days
depending upon workload.
• Mentioned that there are several potholes on
Georgetown Road. Mr. Sumpter said VDoT
will begin doing pothole repair work July 1st.
20c. Discussion: Hatton Ferry Funding.
• Directed staff to prepare a letter for the
Chairman’s signature, requesting the CTB to
reconsider its decision to close the Hatton
Ferry. The Board expressed interest in
evaluating options for continuing the operation
of the Ferry.
County Executive/Clerk: Prepare letter and
send to appropriate individuals.
Board recessed at 3:01 p.m. and reconvened at
3:09 p.m.
21. Work Session: Joint Meeting with Planning
Commission, re: Rural Area Strategies Chapter of
Comp Plan.
• HELD.
• Staff to proceed as proposed to address the
updated Comp Plan regarding rural areas and
specific action items.
Joan McDowell/David Benish: Proceed as
directed.
15. Work Session: Grass Ordinance.
• Consensus that the proposed ordinance:
1. will apply to all other areas except rural areas;
2. staff will provide a perimeter for undeveloped
properties adjacent to roads and other
properties;
3. provide provision for exemption for “natural
landscaping”;
4. establish 12 inches as maximum grass height;
5. will be responsive rather than proactive
enforcement; and
6. to come directly back to Board; not go through
Planning Commission.
Amelia McCulley/Rob Heide: Proceed as
directed.
Board recessed at 4:55 p.m. and Reconvened
at 5:06 p.m.
16. Work Session: STA-2008-01 – Private Streets and
Single Point of Access.
• Consensus to support staff’s recommendation
with the exception for lots with 500 feet of road
frontage.
Bill Fritz/Amelia McCulley: Proceed as
directed.
22. From the Board: Matters Not Listed on the
Agenda.
Sally Thomas:
• Invited Board members to the Sacajawea
celebration on Friday, June 19, 2009, 1:00
p.m., at the Lewis & Clark statue, followed by
reception and panel discussion at the
Charlottesville Community Design Center, at
2:00 p.m.
• Suggested that a note of appreciation be sent
to the Monticello High School teacher who
organized the senior students’ community
service programs.
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• Scenic Virginia is seeking nominations for
outstanding awards for viewshed preservation,
water corridor preservation, creative scenic
enhancement and scenic tourism awards, and
anti-litter awards. If anyone has any
suggestions, pass them on to her.
• The agenda for the High Growth Coalition
communities’ meeting on June 29, 2009, in
Culpeper has been confirmed. The agenda
will include alternative septic tank systems,
new stormwater management requirements,
and VDoT new secondary street acceptance
requirements. Board members asked that Ms.
Thomas forward them the information.
Ken Boyd:
• Discussed the 800 mhz system and the areas
of the County where the system does not work.
Asked staff to provide cost estimate to provide
repeaters in those areas.
County Executive: Provide information.
23. Adjourn to June 10, 2009.
• At 5:46 p.m., the Board adjourned to June 10,
2009, 5:00 p.m.
ewj/mrh
Attachment 1 – Proclamation recognizing May 29, 2009 as Charlottesville/Albemarle Senior
Independence Day
Attachment 2 - Resolution of Intent to Amend the Subdivision Ordinance regarding prerequisites to
submitting final site plat
Attachment 3 – Buck’s Elbow Mountain Tower Lease
Attachment 4 – SP-2009-0004 Old Crozet School Arts – Condition of Approval
Attachment 5 - The Old Crozet School Arts Lease of the Old Crozet Elementary School
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ATTACHMENT 1
Charlottesville/Albemarle Senior Independence Day
WHEREAS, we are ever mindful that our nation is built on the wisdom, talents, and hard work of those
who were born before us;
WHEREAS, we acknowledge with gratitude their contributions to those great gifts of peace and
prosperity which we now enjoy;
WHEREAS, as a society fortified by independence, our aim is to nurture those who are younger and
follow the example of those whose years exceed ours; and
WHEREAS, our older citizens have worked long and hard to ensure that our lives are better, and our
community acknowledges and supports their right to live independently and actively into
their later years.
NOW, THEREFORE, I, David Slutzky, Chairman, on behalf of the Albemarle Board of County
Supervisors, do hereby proclaim
May 29, 2009
Charlottesville/Albemarle Senior Independence Day
and call upon all of our citizens to serve one another and the common good by
celebrating this day going forward.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of May, in the year two
thousand nine.
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ATTACHMENT 2
RESOLUTION OF INTENT
WHEREAS, subdivision regulations should assure the orderly subdivision and development of
land and promote the public health, safety, convenience and welfare of citizens; and
WHEREAS, State law and the County’s subdivision regulations require that a final subdivision
plat be submitted within one year after approval of the preliminary subdivision plat; and
WHEREAS, Albemarle County Code § 14-221(B), which is part of the County’s subdivision
regulations, requires that a subdivider satisfy all conditions of approval of the preliminary plat and obtain
all tentative approvals from county departments and other agencies prior to submitting the final
subdivision plat; and
WHEREAS, because of several recent amendments to State law pertaining to the period of
validity of preliminary subdivision plats and the submittal of final subdivision plats, the absence of a
similar requirement in the County’s zoning regulations for site plans without any identified adverse effect
and in the subdivision regulations of other surveyed localities, and difficulties experienced by some
subdividers in satisfying all conditions or obtaining all approvals within the one-year period, Albemarle
County Code § 14-221(B)’s requirement that a subdivider satisfy all conditions of approval and obtain all
tentative approvals prior to submitting the final subdivision plat is unnecessary could be repealed without
threatening the public health, safety, convenience or welfare; and
WHEREAS, in the absence of Albemarle County Code § 14-221(B), the public interest would
nonetheless be protected because Albemarle County Code § 14-221(C) establishes the required
elements of a final subdivision plat in order for it to be accepted as complete, and because a subdivider
would have to satisfy all such conditions and obtain all approvals prior to the approval of the final
subdivision plat.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience,
general welfare and good land development practices, the Board of Supervisors hereby adopts a
resolution of intent to amend Albemarle County Code § 14-221 and any other regulations of the
Subdivision Ordinance deemed appropriate to achieve the purposes described herein.
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the
subdivision text amendment proposed by this resolution of intent, and make its recommendation to the
Board of Supervisors, at the earliest possible date.
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ATTACHMENT 3
TOW ER AN D GROU ND SPACE LE ASE
T his le as e i s m ad e an d en t ere d i nt o the __________________ da y o f 2 00 9, b y a nd bet ween
t he CO U N T Y O F AL B EMAR LE, a po li t ic a l s ub divi s i on of t he C om m on w ea lth of Vir gi ni a, w hos e
pr inc ip al ad dr ess is 4 01 Mc I nt ire R o ad, C har lo ttesvi ll e, Vir ginia 22902-4596, her einafter r efer r ed to
as "Less or ," and C h ar l ot te s vi ll e C e llu la r P ar t ner s hip , a W ash in gton , D.C . gen er al pa r t ner s hi p w ith
its pr inc ip al p lac e of bus ine s s at 84 10 W est Br yn Ma w r A v en ue , Su ite 7 00, C h ic ago , Il li no is 606 31,
he r e in af t er r efer r ed t o as "Le s s e e."
W IT N E S S :
W H ER E AS , th e Le s s or and L ess ee we r e p ar tie s to a T o w er an d Gr ou nd Spa c e L eas e fr om
J u ly 1 , 19 96 t o J u ly 1 , 20 01 (the “Or ig in al L eas e”) an d a n Ad de ndum t o t he O r igi na l L eas e f or th e
t erm of J ul y 1, 2 00 1 to Ju l y 1, 2 00 6 (th e “Ad de ndum ”), an d d es ir e to e nter i nto a ne w t owe r a nd
gr ou nd s p ac e lea s e.
W H ER E AS , t he Le s s or is t he own er of c er ta in r eal pr op er ty i n th e Buck 's Elbow area of
Albem arle C ounty which has an exis ting c ommunications tower er ec t ed o n it a nd ex is ti ng
c omm un ic ati ons equ ipm ent o w ne d b y Le s se e; an d
WHER E AS, the Lessee desires to lease a portion of the proper ty, in c l ud in g s om e s pac e on
t he t ower .
N O W T H ER EF O R E, i n c on s i der at io n of t he m ut ua l pr om is es , c onditions and other good and
valuable c ons ider ation of the par ties hereto, it is c ove na nte d an d ag r ee d as f ol lo w s :
1. P ro p ert y. T he Less or is the owner of certain proper ty, her einafter refer red to as the
"P r o per t y," lo c a t ed in th e C o un t y of A lb em ar le , S ta t e of Vir g in ia, i de ntifi ed a s the "T ower Site" on
E x h ib it A, w hi c h is att ac he d her eto an d inc or p or ated h er e in b y r ef e r enc e. Le s s or a ls o is t he o w ner
of a 120 fo ot telecommunic ations tower, her einafter r ef err ed to as the "T ower," which is located on
t he Pr o per t y. T h e por t ion of t he Pr op er ty t ha t h as bee n us e d b y Le s s e e f or i ts t el ec omm un ic ati ons
f ac il it y, h er ein af ter ref er r ed t o as the "S ite," is depi c te d on Ex hib it A, w hi c h is at t ac h ed h er e to an d
in c or por ated her ei n by r ef er enc e. T h e dem ise d pr em is es r efe r r e d t o in S ec t ion 2 ar e l oc ate d wi t hi n
t he S ite.
2. D em i se of P re m ise s. Less or her eb y lets and dem is es unto Less ee, and Lessee hereby
r ec eives and accepts fr om Lessor, the following described Prem ises:
"T owe r S pa c e”: A t t ac hme nt lo c ati ons o n t he T o we r lo c ate d on th e S ite f or t he p la c em ent
an d aff ix i ng of : two (2) approximately 6’ panel antennas, 1 Rad Center approximately 90’ above ground
level, two (2) approximately 4’ panel antennas, 1 Rad Center approximately 100’ above ground level and
lines (1-5/8” coaxial cable), and attac hment locations f or the plac ement and affix ing of up to two (2)
ten foot microwave dishes, 1 Rad Center approximately 70’ above ground level and lines (1-5/8” coaxial
c able), and additional attac hment loc ations on the T ower as authorized by the Less or in writing.
“Gr ound Space": 240 square feet of ground s pac e at the Site, adjacent to the base of the
Tower for the placement of a radio station concrete equipment shelter ("Lessee's Building") approximately
20’ X 12’, one generator, one fuel tank and a line bridge structure.
"Ac cess Eas ement": A nonexclusive eas ement over the Site, m easur ing approximately 99
f eet in width and 98 f eet in length f or ingress and egress extending ac ross the Pr operty, which
ea s em ent s h al l be for th e pu r pos es d es c r i be d he r ein .
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"U tility Easem ent”: An easem ent for utility lines and r elated appurtenances extending
between the Site and suitable utility com pany service points.
The Tower Spac e, Ground Space, Access Eas ement and Utility Easem ent are collectively
referred to hereinafter as the "Premises," and each shall be located on the Site as shown on Ex hibit
A .
3. Use of the Premises. Les see shall be entitled, at Less ee's s ole ex pense , to us e and
occ up y t he P r em is es fo r th e c omm er c i al pu rpos e of affixing, ins talling, operating and/or
m a inta in in g f our c el lu lar a nte nn as a nd two m icr ow ave an t en nas on th e T owe r Sp ace , an acc ess
r o ad o n t he Acc es s Eas em e nt , a n e qui pm e nt bu il din g o n t he G r o un d S pac e, an d a s ec ur i t y f e nc e
ar ou nd t he per im e t er of t he Pr em is es , t og ethe r w ith a ll n ec es s ar y l in es , an c ho r s , c o nn ec t io ns ,
c o nd uits , de v ic es , an d equ ipm en t f or t he tr ansm is s i on , r ec epti on , enc r yp t io n, an d tra ns l ati on of
v oi c e and data s ignals by m eans of r adio f r equenc y energ y and landline carr iage, as shown on
E x h ib it A .
4. T erm. The term of this Lease shall be f ive (5) years , comm enc ing on J uly 1, 2008 and
ex pir in g on J un e 30 , 2 01 3 (the “O r ig ina l T erm ”).
5. Extensions of Term. The parties acknowledge that it is their intent to extend the lease for two
(2) additional, five (5) year terms upon the following conditions:
(a) T he conditions and provis ions contained in this lease will be the basis for any lease
amendment executed for a renewal term, except for the rental terms in Section 7.
(b) The annual rent and annual percentage increase in rent for each renewal term will be
determined by the parties prior to the renewal term to reflect then existing market
conditions (fair market value). Fair market value will be determined by a third-party
appraiser to be mutually agreed upon by the parties.
(c) Written notice of intent to renew must be provided by Lessee to Lessor no later than
ninety (90) days prior to the expiration of the current term.
(d) Notwithstanding the provisions of this section, neither party is bound to accept a renewal
term.
(e) Neither the original nor any renewal term of this Lease shall be established without the
express written consent of the Lessor.
All references in this Lease to the "term" of this Lease shall be deemed to include the original term hereof
and any and all extensions thereof pursuant to this Section.
6. O pt ion to T erm inate. Lessee shall have the unilateral r ight to terminate this Lease at
any tim e by giving wr itten notice to Lessor of Lessee's exercise of this option and paying Lessor the
am oun t of T wen t y-F o ur T ho us a nd, O ne H u ndr ed an d E ig hty-N i ne Dollars and ($24,189.00) as
li qu id ate d dam age s . T he s e l iq ui date d dam ag es a r e f o r Less or 's d am ag es re s ul t in g fr om t he
t erm ina t io n of th e L eas e on l y, an d b y Le s so r 's ac c ep t anc e th er e of , Less or do es not wa ive an y r ig ht
or r em ed y i t m a y h ave a ga in s t L es s e e ar is ing f r om an y default by Les s ee as described in Sec tion
16 of the Lease, from any dam age c aused by L es s ee t o the P r op er ty o r a n y im pr ovem ents th er e on,
or f r om L es s e e's f ai lur e to r em o v e its pr o pert y a nd /or r es t or e t he pr op er ty if r eq ueste d t o do s o b y
Le s s or , as pr o v id ed i n Sec t io n 24 .
7. Re nt.
7.1. O riginal Term Rent. R ent for Year O ne of the O riginal Term , beginning J uly 1, 2008
and ending J une 30, 2009, shall be T wenty-F our T hous and, O ne Hundr ed and Eighty-Nine D ollars
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($24,189.00). In Years T wo, T hree, F our and Five, r ent s hall incr eas e annually b y three (3)
perc ent, as shown below:
Year 2: $24,915
Year 3: $25,662
Year 4: $26,432
Year 5: $27,225
7.2. R etroactive R ent. R ent for the per iod of July 1, 2006 to J une 30, 2008 s hall be as
f o llo w s : $22,800 for the term July 1, 2006 to J une 30, 2007, and $23,484 for the term J uly 1, 2007
t o J un e 3 0, 200 8. T h e p ar t ies agr ee t ha t Less ee s ha ll r em it to Le s s or Twe nt y-N in e T hous and,
N i ne H und r ed a nd T hir t y-F i v e D o ll ar s and Se v en t y-On e C en ts ($29,9 35 .71) wi t hi n t en (1 0) da ys of
ex ec u t ing thi s L eas e, wh ic h is th e d if f er enc e b etwee n t he r en t pa id b y L es s ee f or the 2 006 -07 a nd
20 07 -08 le as e yea r s ($16,3 48 .29) a nd th e r e nt es tabl is he d by th is S ec ti on.
7.3 . Su bm iss io n of R e nt. Rent for Year One in the amount of $24,189 shall be due within
t en (10) d ays o f ex e c uti ng t hi s Le as e. R en t f or Ye ars T wo through F ive shall be due annuall y on
t he f irs t d ay of e ac h L eas e yea r (J u ly 1). Pa ym en t sh al l be m a de t o the County of Albemar le,
D e par tm ent of F i na nc e , 401 McIn t ir e R oad , Ch ar lot t es vi ll e, V ir g in ia 2 290 2-45 96 , a nd t he p aym e nt
s h al l i den t if y th at i t is f or th e Buck 's El bo w T owe r a nd Gr ou nd Sp ac e Le as e, a nd s t at e th e da t e of
t hi s Le as e .
7.4 . R ent f or A ddi t io na l Mi c r o w ave D is h. In the event that Lessee adds an additional ten-
f oo t m icr owa v e di s h to t he T owe r f or a to t al of t w o (2) te n-f oo t m ic r owa v e di s h es on the T ower , the
f o llo w in g r en t wi ll b e ch ar g ed as ad diti on al r e nt t o b e pa id t he Less or be yo nd th e re nt p aym e nts
de s c r i be d i n Sec t ion 7.1. Su c h ad diti on al r en t for th e a dd iti on al m ic r o w ave di s h s ha ll be c alc ul at ed
an d p ai d as f o llo w s :
7.4 .1. R e nt f or the ad ditio na l m i c r o w ave dis h s h all be c a lc u late d b y t ak in g t he am o unt
of $700 p er m o nt h, w hi c h is th e r e nt al va lu e t hat w ou ld h ave b ee n c h arg ed fo r t he
per iod of July 1, 2006 to J une 30, 2007, and applying an annual thr ee (3) percent
incr eas e for each contrac t year s inc e J une 30, 2007. T he annual rent due for the
additional dis h shall be paid as follows, minus any proration based on the num ber of
m onths r em aining in the contract year at the tim e of antenna installation:
Year 1: $8652
Year 2: $8912
Year 3: $9179
Year 4: $9454
Year 5: $9738
8. M aint en an ce.
8.1. Maintenance of the Tower. Lessor shall, at Lessor's expense, keep the Tower in good
condition and repair, and include the Tower in a regular regime of inspection and maintenance. In the
event that the condition of the Tower is such that Lessee is unable to transmit, receive, encrypt and
translate voice and data signals by means or radio frequency energy and landline carriage from the Site,
and such condition is the result of Lessor's failure to k eep the T ower in good condition and repair,
Lessor shall, upon receipt of notice from Lessee of such inability, prom ptly m ake necessary repairs to
restore Lessee's ability to provide such services. In the alternative, Lessor may authorize Lessee to make
such necessary repairs by written agreement which shall, among other things, specify the work to be
performed and the cost therefor. Notwithstanding the foregoing, Lessee m ay effectuate em ergenc y
repairs to the Tower with the prior authorization of Lessor, who shall reim burse Lessee for the
reasonable cost for such repairs. Lessor shall not unreasonably withhold such prior authorization.
8.2. Maintenance and Replacem ent of Equipment. Lessee shall keep all of its antennas,
lines , anchors, connections, conduits, devices, and other equipment located on the Tower in good
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c ondition and r epair . All tr ash and unwanted debris shall be proper ly dis posed of and rem oved
fr om the premis es. Lessee m ay m aintain and r epair any lines, anc hor s, connections , devices or
equipm ent without pr ior cons ent of the Less or.
Le s s e e s hal l not ad d a ny a nte nn as to the T owe r , or r e loc ate its ante nn as , wi t ho ut th e pr i or
w r i t t en co ns e nt of Less or , wh ic h c o ns e nt s ha ll n ot b e un r e as o na bl y w ith he ld o r de la ye d. L es s e e
s h al l no t a dd or r e loc ate any antennas , lines, anchors, connections, devices or equipm ent without
the pr ior written consent of Lessor, which consent shall not be unreasonably withheld or delayed. In
ad di t io n, pr ior t o r e pl ac in g a n y c u r re ntl y ex is t in g eq ui pm e nt or an t enn as w ith ne w or m o dif ie d
eq ui pm e nt, Less ee s ha ll c on duct a s tr uc tur al a na lys i s o f t he to w er , at its s ol e e x pe ns e , to ens ur e
t ha t an y ne wl y pl ac ed equ ipm en t w il l n ot im pa ir the s tr uc t ur a l i nt egr ity o f th e to w er an d pr ovi de a
c o py of th e s tr uc tu r a l ana l ys i s r e port t o Les s or. L ess ee s h al l s ubm it t o Less or t he n am es a nd
pr op os a ls of t hr e e (3) c ontr ac tors q ua lif ied t o perf or m t ha t wo r k f or s e lec t io n b y L es s or.
9. Av i at io n H az a rd M ar ki ng . Les sor s hall, at Lessor 's sole cost and expense, com ply at all
t im e s w ith t he T o w er m ark in g, li gh t ing , r ec or di ng a nd notif ic a t ion r eq uirem en ts of t he F ed er a l
C omm un ic a t ion s C omm is s i on a nd th e F ed er a l A v ia t io n Adm in is tr ati on .
10 . U t il it i es. Less or shall c ooperate with Less ee in any effor ts m ade by Less ee to obtain
uti li t y s er v ice s a t t he S ite f or Less ee's i nt en de d use . L es s e e s hal l be r espons ible for the separ ate
m eter ing, billing, and pa ym ent of its utility consum ption b y i t s o per at io n.
11 . T ax es. Less ee shall pay all pers onal proper ty taxes levied against Less ee's Building
an d L ess ee's bas e s tati on e qu ipm en t. L es s o r s h all c l aim an y ex em ptio n f r om r ea l and personal
pr op er ty ta x es to w hi c h Le s s or is en t itl ed.
12 . Co mp li an ce w it h L aw s. Lessee, shall, at Less ee's cos t and expense, c omply with all
f ed er a l, s ta te , c ou nty o r l oc al laws , r ules, regulations and ordinances now or hereafter enacted by
any gover nm ental authorit y or adm inistrative a genc ies havi ng j ur is d ic ti on ove r t he Pr em is es an d
Le s s e e's o per at io ns t her eup on .
13 . In de m n if i cat io n. Less ee shall indemnify and hold Lessor harmless fr om and against
an y lo s s , d am a ge, or in jur y c a us ed b y, o r on b eh alf of, or t hr o ug h t he f au lt of Less ee, its off icers ,
em plo ye es an d a gen ts . N oth in g i n thi s Secti on s hal l r eq uir e L es s e e t o i nd em n if y a nd ho ld Le s s or
ha r m l es s f r om an d a ga ins t an y l os s , dam ag e, or in j ur y c a use d b y, o r o n b eh alf of , o r thr oug h th e
f au lt of L es s or its of f ic e r s , em pl oye es an d a gen ts .
14 . I n su ran c e. Less ee s hall c ontinuous ly maintain in full force and effect a policy of
c ommercial general liabilit y insurance with lim its of not less than One Million Dollars covering
Les s ee's work and oper ations upon the Property. L es s ee s h al l nam e th e "C ou nty of Al bem ar le, its
offic er s, a ge nt s , em p lo ye es an d vo lu nt eers " as add iti on al ins ur e ds a nd, wi t hi n f ive da ys o f the
ex ec u t ion of t his L eas e, sh al l pr ovi de to Less or a ce r tifi c ate of ins ur a nc e s o s t at in g.
15 . Int erf er en ce. Lessee's base station shall be installed and oper ated in a m anner which
do es not ca use in t er f er enc e to th e o per atio ns of a n y P r o t ec t ed U s ers. "Pr otec te d Us er " s ha ll
m e an a ny u s e r of t he S it e a nd th e T ower w ho s e c l aim ed pr otecte d op er ati ons c hr o no lo gic al ly
pr ed at e Less ee's acc us ed off end in g op er ati ons . L ess ee ag r ees to imm edia t el y c u r e an y s uc h
in t erfer enc e or, if s uc h inte r f ere nc e c ann ot im m e dia t el y be c ur ed , to tem p or ar il y r e du c e p ower o r
c e as e th e offending oper ations , if s o dem anded b y Lessor on the gr ound of interferenc e, until a c ure
at f ull power is ac hieved. Less or covenants to use Less or's bes t eff orts to protect Lessee from
interf er ence caused or potentiall y caused by s ubs equent us ers of changes in us e.
16 . D efa u lt. If Lessor or Less ee fails to com ply with an y provis ions of this Lease which the
other party claim s to be a def ault hereof , the party mak ing such claim shall serve written notice of
s uc h def ault upon the defaulting par t y, whereupon a grace per iod of thir ty (30) da ys s hall com m ence
to run during whic h the de f aulting par t y s ha ll u nd ertak e an d d il ig en t ly pu r s ue a c ur e of def a ul t. T he
12
grac e period s hall autom atically be extended for an additional thirty (30) days , pr ovided the
defaulting par ty m ak es a good faith showing that efforts toward a cur e are c ontinuing.
17. Q u iet En joym ent. Less or hereby c ovenants that Less ee s hall have quiet and peaceful
en j oym en t of the Pr em is es t hr o ug hou t the lease term as long as Lessee is not in def ault
he r e und er .
18 . T it l e, Ac ce ss an d A u t ho r it y. Less or c ovenants and warrants to Lessee that Lessor
pr es e nt l y o w ns th e f e e s im p le i nt er es t i n an d t o the Pr op er ty; t ha t L ess or is du l y a uth orized and
em powe r e d t o ente r into t hi s Le as e ; a nd t ha t the pe r s o n ex ec uti ng th is lea s e o n be ha lf of th e
Le s s or w arr ants h im se lf to be du ly a uth or ized t o bin d th e Less or h er e to .
19. Assignment of Lessee's Interest. Lessee's interest under this Lease may be freely
assigned in connection with the transfer of the Federal Communications Commission authorization to
operate a cellular common carrier mobile radio telephone communications system, so that the name and
identity of the holder of Lessee's interest hereunder can be consistent with the name and identity of the
holder of said Federal Communications Commission authorization. Any other assignm ent of this Lease
by Lessee shall require Lessor's prior written consent, which consent shall not be unreasonably
withheld.
20. Environ mental W arranty. Lessor hereby repr esents and warrants to Less ee that
Le s s or has never generated, sor ted, handled, or disposed of any hazar dous waste or hazardous
s u bs tan c es upo n th e Pr em is es , an d t ha t Less or ha s n o k n owl ed ge of s uc h us es h is tor ic a ll y having
be en m ad e of t he Pr em ise s or su c h s u bs ta nc es h is t or ic a ll y ha v in g b ee n i nt r od uc ed th er e upo n.
21 . Su bo r din atio n. Lessee agr ees to s ubordinate this Lease to any m ortgage or trus t deed
w hi c h m a y he r e af ter be pl ac ed on th e Pr em is es , p r o v id ed s uch mortgagee or trus tee ther eunder
s h al l inu r e t o L es s e e th e r ig ht to poss es s i on of the Pr em is es a nd oth er r igh t s gr an t ed t o L es s e e
he r e in s o l ong as L es se e i s n ot in def aul t beyond any applic able grace or cure period, such
as s uranc e to be in a form reasonably s a t isfa c t or y to L ess ee.
22. Notices. Any notic e, dem and or c ommunic ation which Less or or Lessee shall desire or
be required to give pur s uant to the provis ions of this Lease, s hall be s en t b y r e gis t er e d or certif ied
m a il; a nd t he g ivi ng of s uc h n ot ic es s ha ll be de em e d c om ple t e u pon m ai lin g i n a U n ited S t ates
P os t Off ic e wi t h pos t ag e c har ges pr ep ai d, a dd r esse d as i nd ic a t ed be lo w , o r to s uc h o t her a ddr es s
as s uc h p ar ty m a y he r e t ofo r e h ave des ig nate d.
If to Less or :
Tom Hans on, D irec tor
C harlottesville-U .Va.-Albemar le C ounty Em ergenc y C ommunic ations C enter
23 06 I v y R o ad
C h ar lottes v il le , VA 2 290 3
If to Lessee:
C harlottesville Cellular Par tners hip
Attn: R eal Estate
8410 W est Bryn Mawr Ave., Suite 700
C hicago, Illinois 60631
13
23. Lessee's Personal Pro p ert y. All personal proper ty plac ed upon the Prem ises by
Les s ee shall rem ain the sole and ex clus ive property of the Lessee, and may be r emoved by Less ee
at a ny ti m e , inc lu din g up on t he ex pi r ati on o r othe r t er m i na t io n of t his lea s e or any extens ion
he r e of .
24 . Up o n Exp ira t i on o f th is L eas e. Prior to the expiration or other termination of this
Le as e, Less ee m a y r em ove Less ee's building, antennas and lines. Upon thirty da ys' written notice
pr ior to t he ex pir at io n or o t her termination of this Leas e, at Lessor 's reques t, Lessee s hall (i) remove
any or all other p er so na l p r o per t y p la c e d up on th e Pr em i s es b y L es s e e, (ii ) r eq ues t th at o v er hea d
uti li t y li ne s a nd r e late d ap pu r t en anc es b e r em oved f r om th e uti li t y ea s em ent a nd (ii i) r es t or e t he
P r em is es to i ts c o nd itio n as of the o r ig in al d ate of th is L eas e. In n o eve nt s hal l Le s s e e r em o v e an y
im pr o v em e nts m ad e to th e T o w er . U p on th e e x pi r a t ion or oth er term in at io n of t his Le ase , al l
im pr o v em e nts im pr o v em en t s m a de b y th e Less ee on th e Si t e s ha ll r eve r t to Les s or an d s ha ll be
f r e e fr om an y en c um br anc e at t he t im e of s uc h r e ve r s i on .
25 . L im it at io n o f L e sso r's L i ab i lit y. Lessor shall not be liable to Lessee for any dam ages
whats oever for any dam age to Lessee's property located on the Prem ises , including but not lim ited
t o an y eq ui pm ent of Less ee i ns ta lle d on th e T ower, or for any inter f erence with, or an y damage,
injury, or loss to its oper ations , caus ed b y f ir e, flood, wind, r ain, s now, hai l, ic e, lightning, earthquake,
or any other f or c e of natur al c a us e, or a ny ac c i de nt n ot c a us e d b y an d no t wi t hi n t he c on tr ol of th e
Le s s or .
26 . B in din g E f f e ct . All of the covenants, conditions and pr ovisions of this Leas e shall inure
t o t he b en ef it of and b e b in di ng u po n t he pa r t ies h er e t o and th eir re s pec t ive s ucc es sors and
ass ig ns .
27 . E nt i re Ag re em en t . This Leas e constitutes the entir e agreement between the par ties
an d s u pers ede s a ny p r i or u nd er s tan di ngs or ora l or wr itt en a gr e em en ts b etween the par ties
r es pec t in g t he wi t hi n s u bje c t m att er.
28 . M od i f i cat io n s. T his Leas e cannot be modif ied except by a written agreement
ex ec uted by both par ties expr essly s tating that it seeks to m odif y this Leas e.
COUNTY OF ALBEMARLE, VIRGINIA
By: ___________________________________
Robert W . Tucker, Jr.
County Executive
Approved as to form:
______________________________
County Attorney
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ATTACHMENT 4
SP 2009-0004 Old Crozet School Arts – Condition of Approval
1. Maximum number of students on-site at any one time attending private school use(s) shall not
exceed two hundred, seventy-one (271) students.
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ATTACHMENT 5
AGREEMENT OF LEASE
THIS LEASE AGREEMENT is made as of March 23, 2009 by and between the COUNTY OF
ALBEMARLE, VIRGINIA, Landlord, and the OLD CROZET SCHOOL ARTS, a Virginia non-stock
corporation, Tenant.
ARTICLE I. PREMISES AND IMPROVEMENTS
In consideration of the rents and covenants herein set forth, Landlord hereby leases to Tenant,
and Tenant hereby rents from Landlord, the premises described on Exhibit A attached hereto and made a
part hereof together with any and all improvements thereon (the "Leased Premises”). The Leased
Premises shall be occupied by the Old Crozet School Arts.
ARTICLE II. TITLE: QUIET ENJOYMENT
So long as Tenant is not in default hereunder, Tenant shall have peaceful and quiet enjoyment,
use and possession of the Leased Premises without hindrance on the part of the Landlord or anyone
claiming by, through, or under Landlord.
ARTICLE III. TERM
Section 3.1. Commencement and Expiration. The term of this Lease shall commence on 1
August 2009 (the "Date of Commencement") and shall expire 31 July 2010. All references to the “term” of
this Lease shall, unless the context indicates a different meaning, be deemed to be a reference to the
term described herein.
Section 3.2. Renewal. This Lease may be renewed for an additional period as may be mutually
agreed by the Landlord and Tenant. If renewal is not agreed upon by the Landlord and Tenant, this
Lease shall expire upon expiration of the initial term.
ARTICLE IV. RENT
Section 4.1. Annual Rent. Commencing upon the Date of Commencement, during the first year
of this Lease, Tenant agrees to pay to Landlord annual rent of $15,068.55, payable in equal monthly
installments, in advance, on the first day of each month during the term hereof. Gross square feet shall
be calculated within the perimeter of the area to be used solely by the Old Crozet School Arts.
After the first year of this Lease, the rent for subsequent years of the term of the Lease shall be
indexed for inflation and shall be calculated by first establishing a fraction, the numerator of which shall be
the level of the CPI Index (as defined herein) as of the first day of that month which is two months before
the month in which the Date of Commencement occurs in the subsequent years, and the denominator of
which shall be the level of the CPI Index as of the first day of that month which is two months before the
initial Date of Commencement. The resulting fraction shall be multiplied by the rent agreed upon or
established for the first year of the term of the Lease to determine the annual rent due for the year. The
rental figure shall be revised each year based upon this formula. The CPI Index shall be the U.S. Bureau
of Labor Statistics Consumer Price Index (all items, all urban consumers, 1982-1984 = 100). If the CPI
Index shall be discontinued, Landlord shall designate an appropriate substitute index or formula having
the same general acceptance as to use and reliability as the CPI Index and such substitute shall be used
as if originally designated herein. Notwithstanding the foregoing, in no event shall the rent due for any
lease year decrease below the rent payable for the first year.
Section 4.2. Address for Rent Payment. All payments of rent due Landlord pursuant to
Section 4.1 shall be made to Landlord at the address specified in Section 18.3, or to such other party or
at such other address as hereinafter may be designated by Landlord by written notice delivered to Tenant
at least ten (10) days prior to the next ensuing monthly rental payment date.
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ARTICLE V. UTILITIES AND SERVICES
Landlord shall provide water, sewer, electricity, and heating services as part of Tenant’s rent.
Tenant shall exercise reasonable and responsible care to conserve these utilities. The Tenant agrees
that the monthly rent stipulated above may be adjusted to reflect any change in the cost to the Landlord of
providing those utility services above. The Landlord shall provide the Tenant with prompt notice of any
such change, and shall make available evidence of its actual utility costs. Tenant shall provide telephone,
janitorial, garbage disposal, snow removal and all other services.
ARTICLE VI. USE OF PROPERTY
Section 6.1. Permitted Use. Tenant shall have use of the Leased Premises as a private school.
No other use of the Leased Premises is permitted without the prior consent of the Landlord.
Section 6.2. Parking. Tenant shall be entitled to the use of parking spaces in the parking lot and
an access easement to the Leased Premises. Landlord reserves the nonexclusive right to use the
parking lot after 5 p.m. in conjunction with the community use of the Upper Athletic Field.
ARTICLE VII. ALTERATIONS, IMPROVEMENTS, FIXTURES AND SIGNS
Section 7.1. Installation by Tenant.
(a) Tenant may, from time to time, make or cause to be made any interior non-structural
alterations, additions or improvements which do not damage or alter the Leased Premises, provided that
Landlord's consent shall have first been obtained in writing, and provided that Tenant shall obtain all
required governmental permits for such alterations, additions or improvements. Except as provided in
Section 7.1. (c), all such alterations, additions or improvements shall be at the sole expense of the
Tenant.
(b) Tenant may, from time to time, make interior structural alterations, additions or
improvements, only with Landlord's prior written consent to plans and specifications therefor, which
consent shall not be unreasonably withheld. Except as provided in Section 7.1. (c), all such alterations,
additions or improvements shall be at the sole expense of the Tenant. Upon the expiration or sooner
termination of this Lease, Landlord shall have the option (exercisable upon sixty (60) days notice to
Tenant except in the case of a termination of this Lease due to a default by Tenant, in which case no
such notice shall be required) to require Tenant to remove at Tenant's sole cost and expense any and all
improvements made by Tenant to the Leased Premises or to elect to keep such improvement as
Landlord's property. In the event Tenant is required to remove any improvements, (i) Tenant shall be
responsible for the repair of all damage caused by the installation or removal thereof, and (ii) if Tenant
fails to properly remove such improvements or provide for the repair of the Leased Premises, Landlord
may perform the same at Tenant's cost and expense.
(c) During the first term of the lease, certain costs associated with alterations, additions, or
improvements made pursuant to Section 7.1 (a) and Section 7.1 (b) may be deducted from the rent due
during that term. W ith prior approval from the Landlord, documented paid costs for labor or material
(excluding costs of donated labor or material) may be deducted. Documentation will consist of the
original invoice from a business duly licensed to provide such material or services. The total deductions
authorized under the provisions of this section shall not exceed $11,034.45.
Section 7.2. Signs. Tenant shall have the right to place signs on the interior or exterior of the
Leased Premises with the prior written approval of Landlord.
ARTICLE VIII MAINTENANCE OF LEASED PREMISES
Section 8.1. Maintenance. Tenant shall keep the Property clean, neat, orderly, presentable and
in good repair at all times. Landlord shall deliver the Property to Tenant at the beginning of the term in its
present condition. Landlord shall be responsible for all repairs and maintenance for the Leased
Premises, except as provided below, whether ordinary or extraordinary, structural or non-structural,
foreseen or unforeseen, including, but not limited to, plumbing, heating, electrical, plate glass and
17
windows. Tenant shall be responsible for routine repairs and maintenance (excluding repairs and
maintenance of the building and structural components identified above), except that the Tenant’s
obligation for such routine repairs and maintenance shall not exceed $2,500.00 in any one year of the
initial or subsequent term(s). Notwithstanding the foregoing, Tenant shall be responsible for all
maintenance and repairs necessitated by the negligence of Tenant, its employees and invitees.
Section 8.2. Right of Entry. Landlord reserves the right for itself, its agents and employees to
enter upon the Leased premises at any reasonable time to make repairs, alterations or improvements;
provided, however, that such repairs, alterations, or improvements shall not unreasonably interfere with
Tenant’s operations. Such right to enter shall also include the right to enter upon the leased premises for
the purposes of inspection.
Section 8.3. Surrender of Leased Premises. At the expiration of the tenancy hereby created,
Tenant shall surrender the Leased Premises and all keys for the Leased Premises to Landlord at the
place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and
vaults, if any, which Landlord has granted permission to have left in the Leased Premises. At such time,
the Leased Premises shall be broom clean and in good condition and repair, commensurate with its age.
If Tenant leaves any of Tenant's personal property in the Leased Premises, Landlord, at its option, may
remove and store any or all of such property at Tenant's expense or may deem the same abandoned
and, in such event, the property deemed abandoned shall become the property of Landlord.
ARTICLE IX. INSURANCE
Section 9.1. Liability Insurance of Tenant. Tenant covenants and agrees that it will, at all times
during the term of this Lease, keep in full force and effect a policy of public liability and property damage
insurance with respect to the Leased Premises and the business operated by Tenant and any sub-
tenants of Tenant on the Leased Premises in which the limits of public liability for bodily injury and
property damage shall not be less than One Million Dollars ($1,000,000) per accident, combined single
limit. The policy shall name Landlord as additional insured. The policy shall provide that the insurance
thereunder shall not be cancelled until thirty (30) days after written notice thereof to all named insured.
Section 9.2. Fire and Extended Coverage. Landlord agrees that it will, during the initial and any
renewal term of this Lease, insure and keep insured, for the benefit of Landlord and its respective
successors in interest, the Leased Premises, or any portion thereof then in being. Such policy shall
contain coverage against loss, damage or destruction by fire and such other hazards as are covered and
protected against, at standard rates under policies of insurance commonly referred to and known as
"extended coverage," as the same may exist from time to time. Landlord agrees to name Tenant as an
additional insured on such policy, as its interest may appear.
Section 9.3. Evidence of Insurance. Copies of policies of insurance (or certificates of the
insurers) for insurance required to be maintained by Tenant and Landlord pursuant to Sections 9.1 and
9.2 shall be delivered by Landlord or Tenant, as the case may be, to the other upon the issuance of such
insurance and thereafter not less than thirty (30) days prior to the expiration dates thereof.
Section 9.4. W aiver of Subrogation. Tenant hereby releases the Landlord from any and all
liability or responsibility to Tenant or anyone claiming through or under it, by way of subrogation or
otherwise, from any loss or damage to property caused by any peril insured under Tenant’s policies of
insurance covering such property (but only to the extent of the insurance proceeds payable under such
policies), even if such loss or damage is attributable to the fault or negligence of Landlord, or anyone for
whom the Landlord may be responsible; provided, however, that this release shall be applicable and in
force and effect only with respect to loss or damage occurring during such time as any such release shall
not adversely affect or impair the releasor’s policies or insurance or prejudice the right of the releaser to
recover thereunder.
ARTICLE X. WASTE, NUISANCE, COMPLIANCE W ITH
GOVERNMENTAL REGULATIONS
Section 10.1. Waste or Nuisance. Tenant shall not commit or suffer to be committed any waste
or any nuisance upon the Leased Premises.
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Section 10.2. Governmental Regulations. During the term of this Lease, Tenant shall, at
Tenant's sole cost and expense, comply with all of the requirements of all county, municipal, state, federal
and other applicable governmental authorities, now in force, or which may hereafter be in force,
pertaining to the Leased Premises or Tenant’s use and occupancy thereof.
ARTICLE XI. FIRE OR OTHER CASUALTY
If the Leased Premises shall be damaged so as to render two-thirds (2/3) or more of the Leased
Premises untenantable by fire or other casualty insured against under the insurance required to be
carried by Landlord pursuant to Section 9.2, Landlord may elect to either terminate this Lease as of the
date of damage or repair the Leased Premises. Unless Landlord elects to terminate this Lease, such
damage or destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a
proportionate reduction of the rent payable under Article IV while such repairs are being made, such
proportionate reduction to be based upon the proportion of the Leased Premises rendered untenantable
as a result of such damage. Notwithstanding the foregoing, if any damage or destruction from any cause
whatsoever has not been repaired and such repairs have not commenced within one hundred eighty
(180) days of the date thereof, Tenant may, as its exclusive remedy, terminate this Lease upon thirty (30)
days written notice to Landlord.
ARTICLE XII CONDEMNATION
If the whole or any part of the Leased Premises shall be taken under the power of eminent
domain, then this Lease shall terminate as to the part so taken on the day when Tenant is required to
yield possession thereof, the Landlord shall make such repairs and alterations as may be necessary in
order to restore the part not taken to useful condition; and the rent payable under Article IV shall be
reduced proportionately as to the portion of the Leased Premises so taken. If the amount of the Leased
Premises so taken is such as to impair substantially the usefulness of the Leased Premises for the
purposes for which the same are hereby leased, then either party shall have the option to terminate this
Lease as of the date when Tenant is required to yield possession.
ARTICLE XIII DEFAULT OF TENANT
Section 13.1. Default. The occurrence of any of the following shall be deemed a "default" under
this Lease:
(a) Tenant fails to pay when due any amount of rent, additional rent or other monies due under
this Lease, including Articles IV and V, and such payment is not received by Landlord within ten (10)
days after written notice of such failure is received by Tenant; or
(b) a default in any of the other provisions of this Lease, and such default continues uncured for
a period of thirty (30) days after written notice thereof from Landlord.
Section 13.2. Remedies. In the event of any default or breach hereof by Tenant, Landlord shall
have the right (in addition to all other rights and remedies provided by law) to terminate this Lease or to
re-enter and take possession of the Leased Premises, peaceably or by force, and to remove any property
therein without liability for damage to and without obligation to store such property, but may store the
same at Tenant's expense, and to collect from Tenant all rent then due and which would accrue for the
unexpired portion of the term hereof, together with reasonable attorney's fees. In addition, in the event of
a failure to pay rent, additional rent or other money within five (5) days of its due date, Tenant shall pay to
Landlord the greater of Twenty-Five and no/100 Dollars ($25.00) or one half (1/2) of one percent (1%) of
such sum for each day after the fifth day such rent or other money is late.
ARTICLE XIV HOLDING OVER, SIGNS, SUCCESSORS
Section 14.1. Holding Over. Any holding over after the expiration of the term hereof, with the
consent of Landlord, shall be construed to be a tenancy from month-to-month at the same rent herein
specified (prorated on a monthly basis) and shall otherwise be on the terms and conditions herein
specified as far as applicable.
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Section 14.2. Showing the Leased Premises. During the last ninety (90) days of the term hereof,
Tenant shall allow Landlord, or its agents, to show the Leased Premises to prospective tenants or
purchasers at such times as Landlord may reasonably desire.
Section 14.3. Successors. All rights and liabilities herein given to, or imposed upon the
respective parties hereto, shall extend to and bind the heirs, executors, administrators, successors and
permitted assigns of the parties. All covenants, representations and agreements of Landlord shall be
deemed the covenants, representations and agreements of the fee owner from time to time of the Leased
Premises and Landlord shall be automatically released of all liability under this Lease from and after the
date of any sale by Landlord of the Leased Premises. All covenants, representations and agreements of
Tenant shall be deemed the covenants, representations, and agreements of the occupant or occupants of
the Leased Premises.
ARTICLE XV. BROKER’S FEES
Tenant and Landlord hereby warrant that there are no brokerage commissions due in connection
with this Lease.
ARTICLE XVI. NO ASSIGNMENT
Tenant shall not assign this Lease or sublet all or any portion of the Leased Premises, either
directly or indirectly, without the prior written consent of Landlord. No assignment, sublease or transfer of
this Lease by Tenant shall (i) be effective unless and until the assignee, subtenant or transferee expressly
assumes in writing Tenant's obligations under this Lease, or (ii) relieve Tenant of its obligations
hereunder, and Tenant shall thereafter remain liable for the obligations of the Tenant under this Lease
whether arising before or after such assignment, sublease or transfer.
ARTICLE XVII. SUBORDINATION OF LEASE
This Lease and all rights of Tenant hereunder are and shall be subject and subordinate in all
respects to (1) any mortgages, deeds of trust and building loan agreements affecting the Leased
Premises, including any and all renewals, replacements, modifications, substitutions, supplements and
extensions thereof, and (2) each advance made or to be made thereunder. In confirmation of such
subordination, Tenant shall promptly upon the request of Landlord execute and deliver an instrument in
recordable form satisfactory to Landlord evidencing such subordination; and if Tenant fails to execute,
acknowledge or deliver any such instrument within ten (10) days after request therefor, Tenant hereby
irrevocably constitutes and appoints Landlord as Tenant's attorney-in-fact, coupled with an interest, to
execute, acknowledge and deliver any such instruments on behalf of Tenant. Tenant further agrees that
in the event any such mortgagee or lender requests reasonable modifications to this Lease as a condition
of such financing, Tenant shall not withhold or delay its consent thereto.
ARTICLE XVIII. MISCELLANEOUS
Section 18.1. Waiver. The waiver by Landlord or Tenant of any breach of any term, covenant or
condition contained herein shall not be deemed to be a waiver of such term, covenant, or condition or any
subsequent breach of the same or any other term, covenant, or condition contained herein. The
subsequent acceptance or payment of rent hereunder by Landlord or Tenant, respectively, shall not be
deemed to be a waiver of any breach by Tenant or Landlord, respectively, of any term, covenant or
condition of this Lease regardless of knowledge of such breach at the time of acceptance or payment of
such rent. No covenant, term, or condition of this Lease shall be deemed to have been waived by Tenant
or Landlord unless the waiver be in writing signed by the party to be charged thereby.
Section 18.2. Entire Agreement. This Lease, and the Exhibits attached hereto and forming a part
hereof, set forth all the covenants, promises, agreements, conditions and understandings between
Landlord and Tenant concerning the Leased Premises; and there are no covenants, promises,
agreements, conditions or understandings, either oral or written, between them other than as herein set
forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to
this Lease shall be binding upon Landlord or Tenant unless reduced in writing and signed by them.
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Section 18.3. Notices. Any notice, demand, request or other instrument which may be, or are
required to be given under this Lease, shall be in writing and delivered in person or by United States
certified mail, postage prepaid, and shall be addressed:
(a) if to Landlord, at
County of Albemarle
County Executive’s Office
401 McIntire Road
Charlottesville, Virginia 22902
or at such other address as Landlord may designate by written notice;
(b) if to Tenant, at
Old Crozet School Arts
260 Deer Crest Heights
Charlottesville, VA 22903
or at such other address as Tenant shall designate by written notice.
Section 18.4. Captions and Section Numbers. The captions and section numbers appearing in
this Lease are inserted only as a matter of convenience and in no way define, limit, construe or describe
the scope or intent of such sections of this Lease nor in any way do they affect this Lease.
Section 18.5. Partial Invalidity. If any term, covenant or condition of this Lease, or the application
thereof, to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of
this Lease, or the application of such term, covenant, or condition to persons or circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected thereby and each term,
covenant, or condition of this Lease shall be valid and be enforced to the fullest extent permitted by law.
Section 18.6. Recording. Upon request of either party, a memorandum of lease will be executed
and recorded. Such memorandum shall contain any provisions of this Lease which either party requests
except for the provisions of Article IV, which shall not be included. The cost of recording such
memorandum of lease or a short form hereof shall be borne by the party requesting such recordation.
Section 18.7. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the Commonwealth of Virginia.
Section 18.8. Counterparts. This Agreement may be executed simultaneously in two or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute one and
the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the day and
year first above written.
TENANT
OLD CROZET SCHOOL ARTS, a Virginia non-stock corporation
By:
Print Name:
Title:
LANDLORD
This Lease is executed on behalf of the County of Albemarle by Robert W. Tucker, Jr., County
Executive, following a duly-held public hearing, and pursuant to a Resolution of the Albemarle County
Board of Supervisors.
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COUNTY OF ALBEM ARLE, VIRGINIA
By:
Print Name:
Title:
Approved as to form:
_______________________________
Albemarle County Attorney