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20040210 r-04-9RESOLUTION NO. R-04-09 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE, ON BEHALF OF THE CITY, AN AGREEMENT WITH THE BRECKINRIDGE LANE HOMEOWNER'S ASSOCIATION FOR USE OF THE PUBLIC RIGHT-OF-WAY FOR MAINTENANCE OF ENTRANCE FEATURES WHEREAS, the City of Fairfax entered into an agreement with the Breckinridge Lane Homeowner's Association in 1999 permitting the use of the City's right-of-way for construction and maintenance of an entrance feature, and WHEREAS, the City of Fairfax authorized an amendment to that agreement in July 2002, and WHEREAS, the Breckinridge Lane Homeowner's Association has complied with the conditions of the previous agreement and maintained the entrance features in a safe, attractive and responsible manner. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fairfax, Virginia authorizes the city manager to execute, on behalf of the City, an agreement with the Breckinridge Lane Homeowner's Association for use of the public fight- of-way for maintenance of entrance features, such agreement to be in a form substantially the same as the agreement attached to the staff report with revisions acceptable to the city manager and approved as to form by the city attorney. Adopted this 10th day of February 2004. Mayor Date ATTEST: City Clerk VOTE: Councilwoman Cross Councilman Greenfield Councilwoman Lyon Councilman Rasmussen Councilman Silverthome Councilwoman Winter Aye Aye Aye Aye Aye Aye