1973 ORDINANCES - Laserfiche WebLink

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THEREOF. THE CITY AND THE LESSEE MAY AGREE FROM TIME TO TIME FOR THE TEMPORARY EXCHANGE OR SHARED USE OF THEIR RESPECTIVE SPACES WITHIN THE GARAGE WITH OR WITHOUT ADDITIONAL COMPENSATION UPON SUCH TERMS AND CONDITIONS AS MAY BE MUTUALLY AGREED TO. SECTION 7. UNTENANTABILITY. SHOULD THE LEASED PREMISES BECOME UNTENANTABLE AT ANY TIME DURING THE TERM OF THIS LEASE BY REASON OF FIRE, COLLAPSE, EXPLOSION OR OTHER CALAMITY BEYOND THE CONTROL OF THE CITY, LESSEE SHALL BE RELEASED FROM ITS OBLIGATION TO PAY RENT DURING SUCH PERIOD OF UNTENANTABILITY. HOWEVER, LESSEE BY ACCEPTANCE OF THIS LEASE EXPRESSLY WAIVES AND RELINQUISHES ANY CLAIM TO CONSEQUENTIAL DAMAGES FOR LOSS OF BUSINESS OR INCONVENIENCE CAUSED BY SUCH UNTENANTABILITY. SECTION 8. NUISANCE, WASTE. LESSEE SHALL NOT SUFFER OR CAUSE ANY WASTE OR DESTRUCTION OF THE LEASED PORTION OF THE PARKING FACILITY NOR PERMIT THE CONTINUATION OF ANY NUISANCE THEREON AND SHALL TAKE ALL NECESSARY AND REASONABLE PRECAUTIONS TO PREVENT SAME FROM OCCURRING. SECTION 9. INDEMNITY. LESSEE SHALL FOREVER INDEMNIFY AND SAVE HARMLESS THE CITY FROM ANY AND ALL CLAIMS OF WHATEVER NATURE ARISING OUT OF ITS USE OF THE LEASED PREMISES, AND SHALL MAINTAIN WITH AN INSURANCE COMPANY AUTHORIZED TO DO BUSINESS IN VIRGINIA AND KEEP ON FILE WITH THE CITY POLICIES, BINDERS OR CERTIFICATES (A) INSURING THE LESSEE TO THE EXTENT OF $100,000 FOR ANY ONE PERSON AND $300,000 FOR ANY ONE ACCIDENT, AGAINST LEGAL LIABILITY FOR LOSS OR DAMAGE ON ACCOUNT OF THE INJURY OR DEATH OF ANY PERSON ARISING OUT OF LESSEE'S USE OF THE LEASED PREMISES, AND (B) INSURING LESSEE TO THE EXTENT OF $50,000 AGAINST LEGAL LIABILITY OR LOSS OR DAMAGE TO PROPERTY ARISING OUT OF LESSEE'S USE OF THE LEASED PREMISES. SECTION 10. EXECUTION OF LEASE. THE LEASE HEREBY GRANTED SHALL BECOME BINDING ON THE PARTIES UPON EXECUTION BY THE CITY AND THE LESSEE OF AN AGREEMENT IN WRITING INCORPORATING BY REFERENCE ALL THE TERMS AND CONDITIONS OF THIS ORDINANCE AND UPON THE LESSEE'S FURNISHING TO THE CITY A LETTER OF CREDIT OR OTHER LIKE SECURITY IN THE AMOUNT OF $37,500 TO GUARANTEE PAYMENT OF THE FIRST YEAR'S RENTAL. THE MAYOR IS HEREBY AUTHORIZED TO EXECUTE SUCH WRITTEN AGREEMENT IN FORM APPROVED BY THE CITY ATTORNEY, ON BEHALF OF THE CITY. ADOPTED BY THE COUNCIL SEPTEMBER 4, 1973 AYES: MR. BARBOUR, MR. FIFE, MRS. RINEHART AND MR. VAN YAHRES NOES: NONE ABSTAINED: MR. GILLIAM CLERK SIGNATURE AN ORDINANCE CLOSING, VACATING AND DISCONTINUING CERTAIN ALLEYS IN THE 900 BLOCK OF PRESTON AVENUE IN THE CITY OF CHARLOTTESVILLE, VIRGINIA. WHEREAS, PROPER NOTICE THAT ALLIED REALTY CORPORATION WOULD MAKE APPLICATION TO THE COUNCIL OF THE CITY OF CHARLOTTESVILLE, VIRGINIA, TO HAVE THE HEREINAFTER DESCRIBED ALLEYS CLOSED, VACATED AND DISCONTINUED WAS DULY POSTED; AND WHEREAS, ALL THE OWNERS ABUTTING SAID ALLEYS HAVE REQUESTED THE SAID PORTIONS TO BE CLOSED; AND WHEREAS, APPLICATION WAS MADE TO THE CITY COUNCIL AND, PURSUANT TO THE STATUTES IN SUCH CASES MADE AND PROVIDED, THE COUNCIL APPOINTED VIEWERS WHO HAVE REPORTED TO THE COUNCIL THAT NO INCONVENIENCE TO THE PUBLIC OR TO PRIVATE INDIVIDUALS WOULD RESULT FROM SUCH CLOSING, VACATING AND DISCONTINUANCE; AND WHEREAS, IT IS THE JUDGMENT OF THE COUNCIL THAT SAID ALLEYS SHOULD BE CLOSED, VACATED AND DISCONTINUED. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CHARLOTTESVILLE, VIRGINIA: THAT, THE SAID ALLEYS, LOCATED IN THE CITY OF CHARLOTTESVILLE, VIRGINIA, DESCRIBED AS FOLLOWS, ARE HEREBY CLOSED, VACATED, AND DISCONTINUED AS A PUBLIC THOROUGHFARE OF THE CITY OF CHARLOTTESVILLE, VIRGINIA, SAID ALLEYS NOT BEING NEEDED FOR PUBLIC USE AND TRAVEL: A PORTION OF AN UNNAMED ALLEY IN THE 900 BLOCK OF PRESTON AVENUE WHICH RUNS IN A NORTHWESTERLY-SOUTHEASTERLY DIRECTION APPROXIMATELY PARALLEL TO AND LYING BETWEEN PRESTON AVENUE AND CHARLTON AVENUE FROM THE WESTERN MARGIN OF PARCEL 104 TO THE EASTERN MARGIN OF PARCEL 61 ON CITY TAX MAP.