Board of Supervisors Meeting Date: 

William G. Downey, Scott District Supervisor

September 14, 2006

Staff Lead:


Paul S. McCulla, County Administrator

County Administration


A Resolution Authorizing the County Administrator to Execute a Lease Agreement with Robert C. Fallows and Kitty D. Fallows


Topic Description:

The County of Fauquier operates the New Baltimore solid waste disposal convenience site.  A portion of the convenience site, located on a Virginia Department of Transportation (VDOT) easement, has been determined to be within the boundaries of real property owned by Robert C. Fallows and Kitty D. Fallows.  The County has determined that it is appropriate to enter into a lease with Robert C. and Kitty D. Fallows for that portion of the property shown on plat entitled “Plat Showing Improvement Survey on Parcel 1”, prepared by Edwin J. Dodd, Jr., Land Surveyor, dated May 29, 2006.  The terms of the Lease Agreement are as follows:

  1. The term of the lease shall be for five years.
  2. The monthly rental payment shall be $300.00 per month with a back payment of $300 per month for 46 months due upon execution of the lease.
  3. Convenience site lights will be turned off when the convenience center is closed.
  4. The County will include the Fallows as secondary insured on its insurance policies and shall, to the extent permitted by law, indemnify and hold the Fallows harmless for any personal injury or other damage resulting from the County’s lease of the site.
  5. The County will pay the cost of the Fallows’ survey and attorney’s fees associated with the lease, such payments to be due upon execution of the lease.
  6. On termination of the lease, the County will consult with VDOT to determine whether VDOT wishes to retain the asphalt surface for VDOT road purposes.  If VDOT does not wish to retain the asphalt, the County will remove all improvements and will restore the property to its original condition including reseeding and resodding as necessary.
  7. The County will replace any trees which were removed from the Fallows property.  The parties will meet on site to determine the location and type of trees to be replaced.


Requested Action of the Board of Supervisors: 

Consider adoption of the attached resolution.



Financial Impacts Analysis:

$18,000.00 for the five year lease term and $13,800.00 for the 46 months of back rental payments with both to be paid from the Landfill Enterprise Fund.

Identify any other Departments, Organizations or Individuals that would be affected by this request:

Robert C. and Kitty D. Fallows/T. Huntley Thorpe, III
Environmental Services



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