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2007-21 ORDINANCE NO. 2007-21 AN ORDINANCE GRANTING A LICENSE TO THE FAI~~ DEVELOPlVIENT CORPORATION (AND ITS SUCCESSO:R IN INTE:REST. CLA:R'-:S CO:RNE:R HOlVIEOVVNE:RS ASSOCIATION). TO USE FO:R THE TE:RlVI AND UPON THE CONDITIONS STATED HE:REIN CE:RTAIN PUBLIC :RIGHT-OF-VVAY IN THE CITY OF FAI:RF~. VI:RGINIA FO:R INSTALLATION AND lVIAINTENANCE OF LANDSCAPING IlVIPROVElVIENTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRFAX, VIRGINIA (hereinafter refe=ed to as "CITY") that the FAIRFAX DEVELOPlVIENT CORPORATION (and its successor in interest, CLARK.S CORNER HOJVlEOV\TNERS ASSOCIATION) (hereinafter collectively referred to as the ""O'VVner"") for a period of five (5) years,. subject to the conditions and restrictions herein stated, are hereby authorized a.nd empovvered on a non- exclusive basis to install, construct and maintain improvements V\1"ithin a certain portion of the CITY"'s right-of-vvay 'VVithiIl the corporate limits of the City of Fairfax, Virginia,. as the same no'VV exists or may hereafter be extended or altered. The conditions of the License shall be as stated in the Landscaping 1'v1:aintenance License attached to -this Ordinance as Exhibit "A'''' (the "License Agreement'''). BE IT FV:RTHE:R ORDAINED by the City Council of the City of Fairfax that the City l\I[ar1ager is authorized a.rld directed to execute the License Agreement, subject to such modifications as may be approved by the City Attomey. This ordinance shall become effective as provided by laVV". INTRODUCED: October 9, 2007 PUBLIC HEAR-ING: October 23,2007 ADOPTED: October 23,2007 ~M l\t1:ayor /~~~7 'Dae ATTEST: ~~__~~'~b~ City Clerk The vote on the motion to approve vvas recorded as folloVloTs: VOTE: CouncilV\Toman.. Cross Councilman Greenfield Councilvvoman Lyon Councilman Rasmussen Councilman Silverthome Councilvvoman.. -vYinter Aye Aye Aye Aye Aye Aye