HomeMy WebLinkAbout2006-22RESOLUTION 2006-22
RESOLUTION AMENDING RESOLUTION 2006-18
AUTHORIZING ASHORT-TERM LEASE
WITH CAVALIER SUPPLY
WHEREAS, the Town Council of the Town of Pulaski, Virginia has previously adopted
Resolution 2006-18, authorizing a short term lease between the Town of Pulaski and
Cavalier Supply in the Maple Shade Shopping Center, and an extension has been
requested to consider a proposal from Cavalier Supply and Council has deemed the lease
extension to be in the public interest and general welfare; and
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of
Pulaski, Virginia that Resolution 2006-18 is hereby amended in accordance with the
Modification of Lease Agreement, labeled "Attachment A", attached hereto and
expressly made a part hereof.
This Resolution is effective upon passage.
Jeffrey S. Worrell -Aye
Dan Talbert, Jr. -Aye
Lane R. Penn -Aye
Joel B. Burchett, Jr. -Aye
David L. Clark -Aye
Larry Clevinger, II -Aye
Town of Pulaski, Virginia
.,,
By: ~
Charles L. Wade, Mayor
Attested:
Patricia Cruise, Clerk of Council
MODIFICATION OF
SHORT TERM LEASE AGREEMENT
DATED THE 27TH DAY OF JULY, 2006
This Modification Agreement by and between Cavalier Supply (Lessee) and the
Town of Pulaski (Lessor) shall modify the terms of that certain lease agreement by and
between the parties dated July 27, 2006 only as follows:
1. The term of the lease in paragraph 1 of the July 27, 2006 agreement shall be
extended until the 3`~ day of October, 2006.
2. The consideration for this Modification Agreement shall be the promises and
understandings herein given and agreed upon and the lease payment due from
Cavalier Supply shall be prorated for the actual number of days this lease is
extended and is to be calculated upon the monthly rental of $700 per month.
3. All other terms of the Lease Agreement of July 27, 2006 shall remain in full
force and effect.
4. The granting of this extended lease shall be predicated upon the delivery to
the Town Manager by Cavalier Supply of the contract for removal of the
debris from the former location of Cavalier Supply on Washington Avenue
within the Town of Pulaski, upon signing of this agreement.
ENTIRE AGREEMENT
It is agreed between the parties hereto that this Agreement is the entire
understanding of the parties and that no negotiations or verbal or written agreements
exist, but that all such agreements are hereby merged into this document. No
modification of the Agreement shall be allowed unless in writing and signed by the
parties hereto.
FURTHER DOCUMENTS .a
Each party agrees to execute any and all documents, instruments, or further
writings or documents which may be necessary or appropriate to effectuate the terms of
this Agreement.
SEVERABILITY
If a Court of competent jurisdiction at any time holds that a portion of this
Agreement is invalid, the remainder shall not be affected thereby and shall continue in
full force and effect.
VOLUNTARY EXECUTION
The parties acknowledge that they are entering into this agreement freely and
voluntarily and that no coercion, force, pressure or undue influence has been used in the
execution of this agreement, either by the other party hereto or by any other person or
persons; that they have ascertained and weighted all facts and circumstances likely to
influence their judgment herein; that they have sought or had the opportunity to seek and
obtain legal advice independently of each other or have freely waived such opportunity;
and that they clearly understand and assent to all provisions hereof. All questions
pertinent thereto, have been fully and satisfactorily explained to them; that the settlement
embodied in this agreement is in all respects acceptance to them, and that accordingly
they assent to all the provisions hereof.
INTERPRETATION
This agreement shall be interpreted in accordance with the laws of the State of
Virginia.
Manager
r ~ r + t`;
For C slier Supply
STATE OF VIRGINIA
COUNTY OF PIJLASKI, to wit:
.y
Subscribed, sworn to end acknowledged before me this ~~~- day of ~ - r ~
2006.
My commission expires: ~~', h ~
[SEAL]
Notary Public