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2016-11ORDINANCE NO. 2016-11 AN ORDINANCE GRANTING A LICENSE TO CLARKS CORNER HOMEOWNERS ASSOCIATION, INC., TO USE FOR THE TERM AND UPON THE CONDITIONS STATED HEREIN CERTAIN PUBLIC RIGHT- OF-WAY IN THE CITY OF FAIRFAX, VIRGINIA FOR INSTALLATION AND CONTINUED MAINTENANCE OF LANDSCAPING IMPROVEMENTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRFAX, VIRGINIA (hereinafter referred to as "CITY") that the CLARKS CORNER HOMEOWNERS ASSOCIATION, INC. (hereinafter collectively referred to as the "HOA") for a period of five (5) years, subject to the conditions and restrictions herein stated, is hereby authorized and empowered on a non-exclusive basis to install, construct and maintain improvements within a certain portion of the CITY's right-of-way within the corporate limits of the City of Fairfax, Virginia, as the same now exists or may hereafter be extended or altered. The conditions of the License shall be as stated in the Landscaping Maintenance License attached to this Ordinance as Exhibit "A" (the "License Agreement"). BE IT FURTHER ORDAINED by the City Council of the City of Fairfax that the City Manager is authorized and directed to execute the License Agreement, subject to such modifications as may be approved by the City Attorney. This ordinance shall become effective as provided by law. INTRODUCED: September 27, 2016 PUBLIC HEARING: October 18, 2016 ADOPTED: October 18, 2016 f ` . ayor JF /v 2/ Date ATTEST: PAP 11 rN, PRIM. i . Votes Councilmember DeMarco Absent Councilman Greenfield Absent Councilman Meyer Aye Councilmember Miller Aye Councilmember Schmidt Aye Councilmember Stehle Aye