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20060509 2006-05 ORDINANCE NO. 2006-5 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE ON BEHALF OF THE CITY OF FAIRFAX WITH NORTHERN VIRGINIA CHRISTIAN ACADEMY, FOR THE FORMER WESTMORE ELEMENTARY SCHOOL PROPERTY LOCATED AT 11000 BERRY STREET IN THE CITY OF FAIRFAX WHEREAS, the City of Fairfax is the owner of the former Westmore Elementary School property located at 11000 Berry Street in the City; and WHEREAS, the City Council has determined that it is in the best interest of the City to negotiate and enter into a lease with the Northern Virginia Christian Academy for the property, for use as a school of general instruction. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that the City Manager is authorized to execute a lease on behalf of the City with Northern Virginia Christian Academy for the entirety of the former Westmore Elementary School property located at 11000 Berry Street, in substantially the form of the lease attached to this ordinance at Attachment 1. BE IT FURTHER ORDAINED, that the City Manager is authorized to make any changes or amendments to the form of the lease, provided that the amendments are acceptable to the City Manager and approved as to form by the City Attorney. This ordinance shall become effective as provided by law. INTRODUCED: April 25, 2006 PUBLIC HEARING: May 9, 2006 ENACTED: May 9, 2006 C)~ Mayor ATTES~ ~ The vote on the motion to approve was recorded as follows: VOTE: Councilwoman Cross Councilman Greenfield Councilwoman Lyon Councilman Rasmussen Councilman Silverthorne Councilmember Winter Aye Absent Aye Aye Aye Absent LEASE This Lease ("Lease") is made this itt1.. day of ft7 n , 2006, by and between the CITY OF FAIRFAX, VIRGINIA, a Virginia municipal corporation, together with its successors and assigns ("Landlord") and NORTHERN VIRGINIA CHRISTIAN ACADEMY, a Virginia corporation ("Tenant"). WITNESSETH: That for and in consideration of the mutual benefits to be derived hereby, Landlord and Tenant hereinafter covenant and agree as follows: SECTION 1 - PREMISES: The premises to be leased are all of the property located at 11000 Berry Street, Fairfax City, Virginia, 22030, known as the Westmore Elementary School building and grounds, and all improvements thereon, and all furnishings, furniture and equipment located thereon and thereon as of the Lease Commencement Date (as hereinafter defined), together with all easements, rights and appurtenances thereto (except as otherwise provided in this Lease), all of which are more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Premises "). SECTION 2 - TERM: The term of this Lease shall commence on the later to occur of (i) midnight (12:00 a.m.) on August 1, 2006, or (ii) the effective date of the Approvals (as hereinafter defined) and the expiration of any appeal period with respect to the same (in either case, the "Lease Commencement Date"), and shall end on 11:59 p.m. ET on May 31, 2009 (the "Lease Expiration Date"), subject to the extension and termination provisions (if any) set forth in this Lease (and specifically the contingency regarding the Approvals as set forth in Section 5.A. of this Lease). The period from the Lease Commencement Date to the Lease Expiration Date may hereinafter be referred to as the "Term". SECTION 3 - RENT: A. During the Term, Tenant shall pay to Landlord without demand or setoff a rental in monthly installments in advance (the "Rent") as follows: Year Rent Lease Commencement Date through July 31, 2007 August 1, 2007 through July 31, 2008 August 1, 2008 through July 31, 2009 $52,000.00 per month $54,000.00 per month $58,000.00 per month In the event Tenant shall be permitted by Landlord to occupy the Premises before August 1, 2006, except as required to deliver and install equipment and furniture required for school operations, Rent for the fractional part of a month shall be pro rated by the number of days rented in proportion to the number of days in the month. -1- Active\3645312.3 B. All Rent shall be paid in advance, on the first day of each calendar month during all term of this Lease. All payment of Rent shall be made by check to the City of Fairfax, 10455 Armstrong Street, Fairfax, Virginia. 22030, or to such other party or address as Landlord may from time to time designate by written notice to Tenant. C. Real Estate Taxes, Assessments and Utilities: The parties agree that this Lease, and the Rent contemplated hereby, shall be completely net to Landlord. Accordingly, as additional rent, Tenant agrees to pay and discharge promptly when due any and all real estate taxes, water and sewer charges, utilities, and other impositions, duties and levies of every kind and nature whatsoever, whether general or special, foreseen or unforeseen, ordinary or extraordinary, applicable to any period during the Term of this Lease or any renewal or extension thereof, which have been or may hereafter be imposed, charged, assessed or levied upon or against, or which have or may become due and payable with respect to the Premises or any part thereof, or anything appurtenant thereto, or the sidewalks, streets or other facilities adjacent thereto. Tenant shall pay all such taxes, assessments and levies prior to the due date thereof. Tenant shall furnish to Landlord, promptly after each payment required to be made pursuant to this section, an original or duplicate official receipt evidencing such payment, and such additional evidence of the payment thereof as Landlord may reasonably require for its purposes. If Tenant shall fail promptly to payor discharge any tax or other charge required to be paid pursuant to this section, Landlord may, but shall not be obligated to, payor discharge the same, and the amount so paid together with any out-of-pocket expense incurred by Landlord in that connection (including reasonable legal fees), together with interest at the Wall Street Journal prime rate per annum until paid, shall be collectible as additional rent. Tenant may contest, in good faith, by appropriate proceedings at the Tenant's expense, in the Landlord's or the Tenant's name, whenever necessary or desirable, any such taxes, assessments or similar charges, but Tenant may not defer any payment thereof. Any refund shall be the property of the Tenant to the extent to which it may be based on a payment made by the Tenant and otherwise shall be the property of Landlord. SECTION 4 - RENEWAL OPTION: The Term of this Lease may be extended for one (1) additional period of two (2) years (running from the end of the initial Term) (the "Renewal Term"), provided that: (i) Tenant, at least one hundred and eighty (180) days prior to the expiration of the Term, notifies Landlord in writing of its desire to extend the Term, and (ii) Landlord consents to such request for extension, which consent by Landlord shall be at Landlord's sole and absolute discretion and may be denied for any reason whatsoever. Landlord shall inform Tenant whether Landlord is willing to grant the renewal option within ten (10) business days of Ten ant's written notice of its desire to extend the Term. If Landlord agrees to extend the Term, then the Rent shall be determined as set forth in the next paragraph. -2- Aclive\3645312.3 The Rent payable upon the commencement of the Renewal Term shall equal ninety percent (90%) of the then prevailing market rental rate with respect to comparable space for comparable properties in the Fairfax, Virginia submarket (the "Fair Market Rate" or "FMR") at the time of the commencement of the Renewal Term, determined based upon the existing renewal market and taking into consideration the use, location, quality, and age of the applicable property, but in any event not less than the monthly Rent in effect for July, 2009. Landlord and Tenant shall negotiate in good faith to determine the Fair Market Rate which will be applicable during the Renewal Term, with the goal of concluding such negotiation by the date which is no later than forty-five (45) calendar days after Landlord's receipt of the request for renewal from Tenant. SECTION 5 - AGREEMENTS AND COVENANTS OF TENANT: Tenant hereby agrees and covenants as follows: A. Tenant shall use the Premises solely as a school of general instruction in strict accordance and conformance with the Zoning Ordinance of the City of Fairfax and in strict accordance and conformance with the Approvals (as hereinafter defined), including any restrictions or requirements imposed thereby, and the provisions of this Lease. Tenant acknowledges that as of the date of this Lease, the proposed use of the Premises by Tenant may require certain land use approvals from the City of Fairfax (in addition to any other permits and other approvals that Tenant may need to obtain in order to operate as a school of general instruction at or on the Premises). Landlord agrees to utilize its best efforts to work with Tenant to secure the necessary land use approvals, including but not limited to a special use permit if necessary (collectively, the "Approvals") on or prior to August 1, 2006. Tenant shall not be entitled to terminate this Lease, however, unless Landlord is not diligently pursuing the necessary Approvals. Further, Tenant agrees to fully and completely cooperate with Landlord, including but not limited to promptly providing to Landlord or to representatives of the City of Fairfax any necessary information regarding the proposed use and signing any applications and/or affidavits required in connection with the Approvals. If, despite Landlord's best efforts, Landlord is not able to obtain the Approvals by September 1,2006, then this Lease shall terminate upon Landlord's notice to Tenant regarding the same, and Landlord and Tenant shall have no further obligation to each other under this Lease. B. Tenant shall not use the Premises for a "charter" school or for any unlawful purpose, but only for conducting such business therein as is permitted by the applicable local, state, and federal ordinances, statutes, and regulations, subject to the foregoing limitations upon use as a charter school. Tenant agrees to obtain, at its own expense, all permits, licenses, and similar permissions required to permit Tenant to occupy the Premises as it desires. C. Any renovations, alterations, replacements, changes, or improvements in the Premises will be at the sole cost and expense of the Tenant amid will require prior written approval of the Landlord; such approval not to be unreasonably withheld. No such renovation, alteration, replacement, change or improvement shall unreasonably restrict the community use of the grounds for recreational purposes as provided for in Section 5.1. of this Lease. Tenant has no authority to incur any debt or to make any charge against Landlord or to create any lien upon the Premises for any work or materials furnished, and Tenant agrees to obtain promptly the release of -3- Active\3645312.3 any mechanic's lien or other lien or claims in connection with the making of such renovations, alterations, replacements, changes, or improvements in the Premises and to reimburse the Landlord for the amount of any such lien or claim and any reasonable expenses and attorneys' fees incurred in connection therewith if Landlord pays and satisfies such lien or claim. Tenant shall undertake, or cause to be undertaken, such renovations, alterations, replacements, changes, or improvements in the Premises in a good and workmanlike manner. Any such improvements shall be consistent with the basic design of the building and shall not impair the structural soundness of the building. Upon the termination of this Lease, any permanent improvements shall become the property of the Landlord without cost. Non-permanent fixtures put in place by Tenant may be removed at Tenant's expense provided that Tenant restores the building to the condition existing as of the Lease Commencement Date, ordinary wear and tear and damage by the elements excepted. Notwithstanding anything heretofore written, no build-out shall begin until Tenant has received the Approvals and all necessary required governmental permits (such permits shall become an Appendix of this Lease), and has received Landlord's written approval. In Landlord's discretion, and upon providing assurances to the City regarding applicable insurance coverage, Tenant may be allowed, at Tenant's sole cost and expense, to undertake renovations, changes or alterations that may be required by the City of Fairfax as part of the permitting process prior to completion of the Approvals. D. Tenant agrees to keep the Premises in good order and condition and to surrender the same at the expiration of this Lease in a comparable condition in which they are received, normal wear and tear, casualties (other than as provided in this Lease) and permitted additions and removals excepted. Tenant will, at its own expense, maintain the Premises, both interior and exterior, including all buildings (interior and exterior, including but not limited to the roof and any equipment installed thereon), grounds, improvements, fixtures, and plumbing, and all equipment and facilities installed therein and thereon, in good and substantial condition and repair and to engage and pay proper janitorial services for and to the Premises. Tenant will make all repairs necessary to keep the Premises and the plumbing, heating, air conditioning, lighting, glass, doors and door closures, fixtures, and all other equipment inside and outside the Premises thereof in good repair and in proper sanitary and working condition, whether such repairs be considered structural or otherwise. Tenant shall keep the Premises, parking areas, and sidewalks in a clean and orderly condition, free of dirt, rubbish, snow and ice. Tenant shall mow the grass areas of the Premises and shall maintain landscaping on the grounds as required. In the event that Tenant shall fail to maintain the Premises or to make the necessary repairs as required by this section, Landlord shall have the right to notify Tenant of such repairs and maintenance as in its reasonable judgment are necessary, and if Tenant shall fail to commence or prosecute to completion such repairs and maintenance, Landlord may, but shall not be obligated to, make the same, and the expense incurred by Landlord, together with interest at the Wall Street Journal prime rate per annum until paid, shall be charged to Tenant as additional rent, payable on demand. E. Tenant shall assume the full risk of damage or loss to the Premises and to the improvements, fixtures, equipment and all personal property located thereon, except for matters caused by the gross negligence or wilful misconduct of Landlord or its agents, servants or employees, or that caused by the use of the Premises by the community. Tenant shall, at its sole cost and expense, keep the Premises and its contents insured, for the full term of this Lease, and -4- Active\36453 12.3 any renewal or extension thereoft with a good and responsible company or companies authorized to do business in Virginia and approved by the Landlord (which approval shall not be unreasonably withheld) against any of the perils insured against in the Standard Fire and Extended Coverage Insurance PolicYt the Standard Boiler and Machinery Insurance Policy and the Standard Sprinkler Leakage Insurance Policy to the full amount of the replacement cost of the Premises and the contents. Such policy or policies shall name Landlord (together with its successors and assigns) and Tenant as insureds and shall include a waiver of subrogation by the insurance company against the Landlord. Tenant shall deliver to Landlord a copy or certificate of said policy showing the same to be in full force and effect. In the event Tenant shall fail to maintain such policy of insurancet then Landlord may obtain such a policy and pay the premiums thereont and the amounts so paid will constitute additional rent to be paid upon demand by Tenant within ten (10) days of such demand. F. Tenant shall obtain and maintain in full force at all times during the term of this Lease public liability insurance naming Tenant and Landlord (together with its successors and assigns) as insuredt with limits of at least $4tOOOtOOO for personal injuries and $4tOOOtOOO for property damage with an insurance company approved by Landlordt such approval not to be unreasonably withheld, and shall deliver to Landlord a copy or certificate of said policy showing the same to be in full; force and effect. In the event Tenant shall fail to maintain such policy of insurance, then Landlord may obtain such a policy and pay the premiums thereon, and the amounts so paid will constitute additional rent to be paid upon demand by Tenant within ten (10) days of such demand. G. Tenant will allow Landlord or its agents, upon reasonable prior notice to Tenant (or its managerial representative) to have access to the Premises during normal working hours for the purpose of inspection. Such inspections should not interfere with the normal conduct of business and should be consistent with local health regulations. H. Except with respect to claims arising from the gross negligence or wilful misconduct of Landlord, its agentst servants, or employees, or the community use permitted in Section 5.1. of this Leaset Tenant assumes the responsibility for any and all clams for liability, fines, claims, damages and actions, including attorneys' fees, relating to the Premises or arising out of any act of neglect of Landlord, Tenant or of any of their employees, agents or invitees during the Termt or from any condition of the Premises or anything thereon during the Term, or from any occurrence whatever, in, on, or about the Premises during the Term, including all Landlord's costs, expenses, court costs and attorneys' fees in connection with any such claim. I. Tenant agrees to make the grounds and public areas (including exterior equipment) of the Premises available for community and recreational use by the City of Fairfax when such use will not impair the efficiency of the Tenant's use of the Premises. The Landlord and the Tenant shall develop guidelines and applications for use of the Premises (including interior rooms) by community groups after school hours and on weekends. J. Tenant agrees that no school buses shall park overnight at the Premises without the express written consent of the Landlord. Tenant agrees to coordinate bus routes and transportation logistics with the Landlord to minimize the impact of the use upon the streets of the City of Fairfax, and as required by the Approvals. -5- Active\3645312.3 SECTION 6 - AGREEMENTS AND COVENANTS OF LANDLORD: Landlord hereby agrees and covenants as follows: A. To permit Tenant quiet and peaceable enjoyment of the demised Premises during the term of this Lease or for so long as Tenant shall pay the Rent and carry out all of its other obligations. This Lease shall be binding upon any successor at interest to Landlord. B. To permit Tenant free access to the Premises, 24 hours per day and 365 days per year (subject to any restrictions contained in this Lease). C. Landlord makes no warranty concerning the Premises and any equipment or facilities or any other improvements which mayor may not be located at or on the Premises or any portion thereof as of the Lease Commencement Date. The Premises are conveyed to Tenant "as is" and "where is." D. Landlord covenants and warrants that it has the authority to enter into this Lease and to rent the Premises to Tenant. SECTION 7 - ASSIGNMENT AND SUBLETTING: Tenant shall not assign or sublet the demised Premises or any part thereof, to any person, firm, corporation or other entity, without the prior written consent of Landlord, which consent may be withheld or conditioned by Landlord in its sole and absolute discretion. Any sublease or assignment, or other transfer of all or any portion of Tenant's interest in and to this Lease or the Premises, made in violation of this Section 7 shall be void and of no effect and shall constitute a material default under this Lease and, if not cured as provided herein, shall entitle Landlord, without further notice, to immediately terminate this Lease, in addition to any other remedies Landlord may have hereunder. SECTION 8 - DESTRUCTION OF PREMISES: In the event of the total or partial destruction of the Premises, or any part thereof, Tenant at its expense and without abatement of Rent will promptly, as soon as practicable after such destruction, repair and restore the Premises to the condition they were in prior to such damage. The proceeds of insurance required hereinabove shall be applied toward the expense of such repair under such terms and conditions as may be satisfactory to Landlord. In the event that the Premises are substantially or completely destroyed, Landlord or Tenant shall have the option of terminating this Lease; provided that notice of an election to exercise said option to terminate is given to the other party within thirty (30) days from the occurrence of the casualty. Substantial destruction shall refer to destruction causing twenty-five percent (25%) or more of the floor area of the improvements at the Premises to be completely destroyed or not reasonably usable for Tenant's purposes. In the event of such election, Landlord shall be solely entitled to the proceeds of insurance for said loss or destruction of the improvements and for those applicable to Landlord's personal property. Tenant shall be solely entitled to the proceeds of insurance applicable to Tenant's personal property. -6- Active\3645312.3 SECTION 9 - CONDEMNATION: If the whole or any part of the Premises shall be taken or condemned by any government or quasi-governmental authority pursuant to the power of eminent domain, Tenant and Landlord agree that the Tenant shall have no claim against Landlord or the condemning authority for any portion of the amount that may be awarded as damages as a result of such taking or condemnation or for the value of any unexpired term of the Lease. Tenant, however, shall be entitled to claim, prove and receive such awards as may be allowed for fixtures and other equipment installed by it which shall not, under the terms of this Lease be or become the property of the Landlord at the termination hereof, provided that such payment shall not reduce the amount to which Landlord would otherwise be entitled. This Lease shall terminate when title to any portion of the demised Premises is taken by the condemning authority if Tenant determines, in its discretion, that the remaining portion of the demised Premises is not reasonably suited for the continuation of Tenant's use thereof, and Rent shall be adjusted to such date. SECTION 10 - BANKRUPTCY OR INSOLVENCY: To the extent permitted by law, if at any time during the term hereby created, a petition shall be fled either by or against the Tenant and a final court adjudication of bankruptcy is made, or with the exception of Wage Earner Plan, Chapter 11, or other reorganization plan, chapter or statute, in any court or pursuant to any statute either of the United States or of the State or District where said Premises are located, whether in bankruptcy, insolvency, or if there is an appointment of a receiver of the Tenant's property, or because of any general assignment made by the Tenant of the Tenant's property for the benefit of the Tenant's creditors, the Tenant shall be deemed in default herein at the sole discretion of the Landlord, and the Landlord may terminate this Lease. SECTION 11 - DEFAULT, LANDLORD'S REMEDIES: A. If the aforesaid Rent or any installment thereof shall not be paid within five (5) calendar days after the same shall have become due and payable as aforesaid the Tenant will be deemed in default. Tenant agrees to pay a late fee each month equal to five percent (5%) of the lease installment due on payments not paid within five (5) days after the same shall have become due and payable. Payments made after the late charge has accrued will be applied first to late charges, or any other charges owed by Tenant, and then to delinquent Rent. B. If Tenant fails to perform any other term, condition, or covenant of this Lease for more than thirty (30) days after written notice of such failure shall have been received by Tenant, unless the cure of such failure reasonably requires more than thirty (30) days and Tenant is diligently pursuing such cure, Landlord shall then have the right to pursue any right or remedy to which Landlord is entitled, under applicable law or this Lease, for such failure which shall be deemed a default. C. Should Tenant fail to cure aforementioned default, at the option of the Landlord, the Tenant's right of possession shall cease and the Landlord shall be entitled to the possession of the demised Premises and to re-enter the same without the demand of rent or demand of -7- Active\364SJI2.J possession of said Premises, and may forthwith proceed to recover possession of the said demised Premises by process of law, any notice to quit or of intention to re-enter the same being hereby expressly waived by the Tenant. And in event of such re-entry by process of law, the Tenant nevertheless agrees to remain answerable for all damage, and all damage deficiency or loss of rent which the Landlord may sustain by such re-entry; and for reasonable attorneys' fees incurred by Landlord; and, in such case, the Landlord may, but shall not be required to, relet the said Premises for the benefit of the Tenant in liquidation and discharge in whole or in part as the case may be of the liability of said Tenant under the terms and provisions of this Lease. D. And it is further provided that if under the provisions hereof a five (5) day notice or other applicable summary process shall be served and a compromise or settlement thereof shall be made, it shall not be constituted as a waiver of any covenant herein contained; and that no waiver of any breach or covenant, condition, or agreement herein contained shall operate as a waiver of the covenant condition, or agreement itself or any subsequent breach thereof. SECTION 12 - TENANT HOLDING OVER: In the event that the Tenant shall not immediately surrender the demised Premises on the date after the end of the Term hereby created or extension thereof, then the Tenant shall by virtue of this Lease become a Tenant by sufferance at one hundred and fifty percent (150%) of the then applicable Rent per month. SECTION 13 - SIGNS: Tenant may not place signs, awnings, shades, doors, shutters or curtains on any part of the exterior of the demised Premises, or paid or place any brick or stonework, cornice work, millwork or ironwork on the front of the demised Premises without the prior written approval and consent of the Landlord first having been obtained, which consent shall not be unreasonably withheld, and with the prior approval, if required, of the appropriate governmental authorities, and in strict conformance with the Approvals. SECTION 14 - MISCELLANEOUS: A. Tenant will permit Landlord to show the demised Premises at reasonable hours to prospective Tenants during the last six (6) months of the Term (or renewal thereof). B. This Lease contains the entire agreement of the parties in regard to the Premises. There are no oral agreements existing between them. C. This Lease shall be construed and governed by the laws of the Commonwealth of Virginia. Should any provisions of the Lease or its conditions be illegal or not enforceable under the laws of Virginia, it or they shall be considered severable and the Lease and its conditions shall remain in force and be binding upon the parties as though the said provisions had never been included. D. If legal proceedings are instituted by the Landlord for the collection of delinquent Rent, the enforcement of any other terms or provisions of this Lease or any other matter arising -8- Active\364S312.3 out of this Lease, court costs and reasonable attorneys' fees incurred by the Landlord shall be paid by the Tenant. E. No waiver of any breach of any covenant, condition, or agreement herein contained shall operate as a waiver of the covenant, condition, or agreement itself, or for any subsequent breach thereof. F. Tenant covenants that the following rules and regulations which are, in Landlord's judgment, required for the general well-being, safety, care and cleanliness of the Premises and the building of which they are a part, shall be faithfully kept, observed and performed by Tenant, and by the agents, servants, and employees of Tenant, unless waived in writing by Landlord: 1. The sidewalks, entries, passages and staircases shall not be obstructed or used for any purpose other than ingress and egress. 2. Tenant will not do or permit to be done anything in the demised Premises, or the building of which they form a part, or bring, or keep anything therein which shall, in any way, increase the rate of fire insurance on said building. 3. Tenant will not overload the floors of the demised Premises. Except as otherwise provided in this Lease, all damage done to the building by Tenant, its agents or employees, by taking furniture; fixture, or materials in or out shall be repaired at the expense of Ten ant. 4. Liquids, or other materials or substances which will cause injury to the plumbing, shall not be put into the lavatories, water closets, or other plumbing fixtures, by Tenant, its agent, employees, or invitees. 5. No animals shall be kept on the Premises, other than fish and small classroom pets, such as hamsters. If it becomes apparent that such animals are causing harm to the Premises, Landlord reserves the right to require their removal. 6. Landlord reserves the right to make such additional rules and regulations as it deems necessary for the health, safety and general well-being of the Tenant and any visitors and other users of all or any portion of the Premises. SECTION 15 - TERMINATION: This Lease may be terminated with no liability to the Tenant if the proper governmental agencies deny Tenant permits to use the demised Premises in the manner required by Tenant or if the Approvals are revoked or expire. Any Rent paid, or other payments made, to the date of such termination shall be deemed to be fully earned and not refundable. In such event, each party shall be released from any future liability to the other, except for those obligations that expressly survive the termination or expiration of this Lease. -9- Active\3645312.3 SECTION 16 - NOTICES: All notices shall be delivered in person or sent by certified or register mail, return receipt required. If to Landlord: City of Fairfax 10455 Armstrong Street Fairfax, Virginia 22030 Attention: City Manager With a copy to: McGuire Woods LLP 1750 Tysons Boulevard, Suite 1800 McLean, Virginia 22102 Attention: Brian J. Lubkeman, City Attorney if to Tenant: Northern Virginia Christian Academy P.O. Box 397 Centreville. VA 20122 Any changes in address shall be made in writing with notice provided as required hereunder and shall make reference to this paragraph. [SIGNATURE PAGE FOLLOWS] -10- Active\3645312.3 IN WITNESS WHEREOF, this Lease has been duly executed by the parties hereto on the day and year first hereinabove written. ATTEST: ... .""'\. r 00 I \ /tJ~//~ . .. , lv By: Name: Title: Date: ~o~ .~. Approved as to form: ~~~~.;:l-~_ Brian J. Lubkeman, City Attorney ATTEST: Tenant: NORTHERN VIRGINIA CHRISTIAN ACADEMY, a Virginia corporation ~A-.~ (SEAL) -11- Active\3645312.3