LEASE AGREEMENT

 

THIS LEASE AGREEMENT made by and between JAMES E.  CREWS (“Landlord”), whose address is P.O. Box 187, Buckingham, Virginia 23921, and the COUNTY OF ALBEMARLE, VIRGINIA (“Tenant”).

 

                                                                    SECTION 1

 

1.1            Date of Lease. June 1, 2005.

 

1.2            Property.  That certain lot or parcel of land located in Howardsville, Virginia and described as a 15-foot strip of land to the river consisting of .049 acres, and additional property to be used for parking (collectively the "Property").

 

1.3            Commencement Date. June 1, 2005. 

 

1.4            Term.  June 1, 2005 to May 31, 2010.  Tenant may terminate this Lease Agreement for convenience at any time, upon giving written notice to the Landlord.  Landlord may terminate the lease at end of each year (May 31st) with 90 days written notice to Tenant.  In the event of termination by either party, any obligations provided for hereunder, including but not limited to the payment of rent, shall cease, with no further liability to either party.

 

1.5            Rent.  Tenant shall pay a total annual rent of $4,000.00 during the initial term and agrees to an annual increase of $250.00 for each of the subsequent years (two through five) of the term of this Agreement.  Rent shall be due on or before June 1st of each year of the lease period.

 

1.6            Permitted Uses.  The County intends to use the Property in order to provide public river access for fishing and related recreational uses, and parking for cars and trailers using the boat ramp.

 

SECTION 2

                                                Maintenance and Upkeep of Property

 

2.1            Maintenance and Upkeep.  During the term of this Agreement, Tenant shall:

 

(a)                Establish a parking area for cars and trailers on landlord’s TMP 139A-16 as near as possible to the railroad property.  The limit of the eastern boundary line of the parking area is approximately 167 feet from the nearest rail and the limit of the western boundary line of the parking area is approximately 136 feet from the nearest rail;                  

(b)                Provide fencing with access gates outside of VDOT’s right of way from parking area to boat ramp on all property owned totally or in part by Landlord;

 

(c)                Post and enforce “No Parking” between parking area and boat launch;

 

(d)                Fence off and post closed VDGIF river front property with the exception of that area necessary to maneuver vehicles and trailers loading and unloading at ramp;

 

(e)                Post signs at limits of Property stating: “No Trespassing.  Persons proceeding beyond this point without the written permission of the owner will be treated as trespassers”;

 

(f)                 As authorized by the Chief of Police and Sheriff for the County of Albemarle, Tenant will instruct Police and Sheriff department personnel to enforce Property rules as well as trespassing on Landlord’s property from Property;

 

(g)                Maintain all fencing and signage placed by the County on the Property and provide additional fencing and/or signage if Landlord and Tenant jointly agree;

 

(h)                Provide a minimum of twice-weekly trash pick-up of the Property and to adjacent Landlord’s property if trash is related to use of the Property;

 

(i)                  Provide regular mowing and trimming services of the Property as needed; this will include trimming on both sides of all fence installed by the Tenant including fencing around Landlord’s garden area;

 

(j)                  Provide 270 hours of annual on-site Police or Sheriff Department supervision.  Tenant intends that direct police supervision will be targeted during peak use hours or other times as may be needed.  Costs of such supervision will be the responsibility of Tenant.  Additional on-site police or sheriff department services will be provided for security reasons if Landlord and Tenant mutually agree;

 

(k)                Provide portable toilet service for the site; and

 

(l)                  Tenant will provide protective fencing around Landlord’s garden area on adjacent TMP 139A-17.

 

2.2            Condition of Property upon Surrender.  Tenant accepts the Property “as is” and will, at the expiration or other termination of the term thereof, surrender and deliver the Property in the same order and condition as the Property shall be at the Commencement Date of the term of this Agreement, ordinary wear and tear excepted.

 

                                                                    SECTION 3

                                                                        Liability

 

3.1            Loss or Damage to Property or Persons.  Neither Landlord nor Tenant, nor their respective officers, employees, agents or representatives shall be liable for any loss, damage or injury to property or persons caused by the negligent or intentional acts or omissions of third parties in connection with the uses contemplated by this Agreement.

 

3.2            Waiver of Liability.  Landlord assumes no liability or duty to third parties because of Tenant's occupation or use of the Property, and Landlord assumes no liability or responsibility for Tenant’s conduct and operation of Tenant’s business on the Property during the term of this Agreement, except as otherwise specified herein.  Landlord and Tenant are separate entities with separate duties; they are not engaging in any joint venture, partnership or concerted action.  Neither party assumes any liability for the wrongful acts or omissions of the other.

                                                                    SECTION 4

                                                 Damage or Destruction by Casualty

 

4.1            Damage.  If during the term of this Agreement, all or any portion of the Property shall be damaged or destroyed by fire, flood, windstorm, strikes, riots, acts of public enemy, acts of God, or other casualty, this Agreement shall terminate at the option of Tenant in accordance with Section 1.4.

           

4.2            Partial Invalidity.  If any term, covenant or condition of this Agreement, or the application thereof, to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Agreement, 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 Agreement shall be valid and be enforced to the fullest extent permitted by law.

 

4.3             Approvals.  This Agreement is subject to and contingent upon approval of its terms by the Board of

                 Supervisors of Albemarle County, Virginia.

 

4.4            Annual Appropriations.  This Agreement is subject to annual funding by the Board of Supervisors of the County of Albemarle, Virginia.  In the event the Board of Supervisors fails to appropriate funds necessary to fulfill Tenant’s obligations specified in this Agreement, this Agreement shall be deemed cancelled, with no penalty of further liability to the County, and of no effect.   

 

                                                                    SECTION 5

                                                                  Governing Law

 

                 This Agreement shall be in all respects governed by and interpreted in accordance with the laws of the Commonwealth of Virginia.  Exclusive venue for any dispute arising under this Agreement shall be in the Circuit Court for the County of Albemarle, Virginia. In the event of any material breach of this Agreement by either party, the nonbreaching party shall have the right to obtain an immediate injunction or other equitable or legal relief.  

 

                                                                    SECTION 6

                                                               Entire Agreement

                                                                             

                 This Agreement sets forth all the covenants, promises, agreements, conditions and understandings between the parties concerning the Property and there are no other such covenants, promises, agreements, conditions and understandings, either oral or written, between them other than herein set forth.  Except as otherwise provided in this Agreement, no subsequent modification, alteration, amendment, change or addition to this Agreement shall be binding upon Landlord or Tenant unless reduced to writing and signed by them. 

 

                 This Agreement may be executed, acknowledged and delivered in counterparts and each such counterpart shall constitute an original, but together such counterparts shall constitute only one instrument.

 

 

                                                                    SECTION 7

                                                                        Notices

 

7.l             Addresses for Notices.  All notices required or desired to be given hereunder by either party to the other shall be personally delivered and addressed as follows:

 

Landlord:                                                          Tenant:

 

Mr. James E. Crews                                    Mr. Pat Mullaney,

P.O. Box 187                   Director of Parks and Recreation

                 Buckingham, VA 23921                                County of Albemarle

                                                                                    401 McIntire Road

                                                                                    Charlottesville, VA 22902

 

7.2            Effective Date of Notices.  Notice shall be deemed to be effective when personally mailed via first class mail, postage prepaid, unless otherwise stipulated herein.

 

 

       WITNESS the following signatures.

 

LANDLORD:                                                                   ______________________________ 

            JAMES E. CREWS     

 

 TENANT:                                                                          COUNTY OF ALBEMARLE, VIRGINIA

                                                                                          By: ______________________________

                                                                                                     Robert W. Tucker, Jr.

                                                                                                     County Executive

 

Approved as to form:

 _________________________

County Attorney

 

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