20020528 r-02-19RESOLUTION NO. R-02-19
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RIGHT-OF-
WAY LICENSE AGREEMENT ON BEAHLF OF THE CITY WITH VD-FAIRFAX CITY,
L.L.C., IN ORDER TO PERMIT CERTAIN IMPROVEMENTS TO BE LOCATED IN THE'
RIGHT-OF-WAY BETWEEN 10252 TO 10334 MAIN STREET AND ROUTE 236.
WHEREAS, VF-Fairfax City, L.L.C., is the contract purchaser of certain land
commonly known as 10252 to 10334 Main Street, Fairfax, Virginia (Tax Map Nos. 57-4-02-
144B and 57-4-02-119); and
WHEREAS, the City Council approved Special Exception SE-281-01-1on April 24,
2001, which allowed VF-Fairfax City, L.L.C., to install a knee wall, one ground-mounted
sign, and other improvements in the Route 236 right-of-way ("Right-of-Way"); and
WHEREAS, as a condition to the Special Exception approval, VF-Fairfax City,
L.L.C., was required to enter into an agreement with the City in which VF-Fairfax City,
L.L.C., assumed any and all risks associated with locating the sign and other improvements in
the Right-of-Way; and
WHEREAS, the original agreement expired on December 31,2001; and
WHEREAS, portions of eight (8) parking spaces and the improvements associated
therewith have also been located in the Right-of-Way; and
WHEREAS, VF-Fairfax City, L.L.C., has requested that the City agree to amend and
restate the original agreement to provide, inter alia, for the continuation, beyond December
31, 2001, of the right of VF-Fairfax City, L.L.C., to install and maintain the sign within the
Right-of-Way, as well as agree to expand the original agreement to include the right of VF-
Fairfax City, L.L.C., to install, maintain, repair, and use the portions of the parking spaces
located within the Right-of-Way; and
WHEREAS, the Right-of-Way License Agreement (the "Agreement") with VF-
Fairfax City, L.L.C., will be for a term of five years or less, as specified in the Agreement,
and in accordance with the terms and conditions as more particularly described in the
Agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED by the City Council that the City Manager
is authorized to execute right-of-way license agreement on behalf of the City with VD-Fairfax
City, L.L.C. in order to permit certain improvements to be located in the right-of-way
between 10252 to 10334 Main Street and Route 236.
BE IT FURTHER RESOLVED that the Right-of-Way License Agreement shall be in
the form attached hereto and made a part hereof.
ADOPTED this 28th day of May, 2002.
fEST:
Councilman Coughlan
Councilman Greenfield
Councilman Lederer
Councilman Rasmussen
Councilman Rodio
Councilman Silverthorne
Vote
Aye
Aye
Aye
Aye
Aye
Aye