A RESOLUTION AUTHORIZING THE COUNTY
ADMINISTRATOR TO EXECUTE A LEASE AGREEMENT WITH ROBERT C. FALLOWS AND
KITTY D. FALLOWS
WHEREAS, the County of Fauquier operates
the New Baltimore convenience site; and
WHEREAS, a portion of the New Baltimore
convenience site is located on real property owned by Robert C. and
Kitty D. Fallows, as shown on the plat entitled “Plat Showing
Improvement Survey on Parcel 1” prepared by Edwin J. Dodd, Jr., Land
Surveyor, dated May 29, 2006; and
WHEREAS, the County desires to lease the
aforesaid property from Robert C. and Kitty D. Fallows on the terms and
conditions set forth below; now, therefore, be it
RESOLVED by the Fauquier County Board of
Supervisors this 14th day of September 2006, That the County
Administrator be, and is hereby, authorized to execute a lease of real
property with Robert C. and Kitty D. Fallows, being a portion of the New
Baltimore convenience site as shown on the aforesaid plat, on the terms
and conditions set forth below:
The term of the lease shall be for
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.
Convenience site lights will be
turned off when the convenience center is closed.
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.
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.
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.
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.