Loading...
HomeMy WebLinkAbout2006-24~ / TOWN OF PULASHI, VIRGINIA RESOLUTION 2006-24 AUTHORIZING AMENDMENT TO RESOLUTION 2006-22 ADOPTING SECOND MODIFICATION AGREEMENT OF SHORT TERM LEASE AGREEMENT • WHEREAS the Town Council of the Town of Pulaski has previously entered into a short term lease with Cavalier Supply for the premises in the Maple Shade Business Plaza as set forth in said lease and Town Council considering it to be in the best interest of its citizens, their health, safety and general welfare to extend said lease on a month to month basis; and NOW THEREFORE BE IT RESOLVED by the Town Council of the Town of Pulaski, Virginia that Resolution 2006-24 is hereby amended to provide for the month to month lease of the premises recited in the original lease dated the 27th day of July, 2006 in accordance with Exhibit A attached hereto and expressly made a part hereof. This resolution is effective upon adoption and is hereby adopted this 24th day of October, 2006, by recorded vote of the Town Council of the Town of Pulaski, as follows: Jeffrey S. Worrell -Aye Joel B. Burchett, Jr. -Aye Daniel Talbert, Jr. -Aye David L. Clark -Aye Lane R. Penn -Aye Larry Clevinger, II -Aye Town of Pulaski, Virginia By: Charles L. ade, Mayor ATTESTED: ~- Patricia Cruise, Clerk of Council • , , .. v ~ • SECOND 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: The term of the lease in paragraph 1 of the July 27, 2006 agreement shall be modified to month to month and said term shall run from the 3rd day of October, 2006 continuing through the end of the month of October, 2006 and then monthly beginning on the 1 S` day of each month until the end of each month until terminated as set forth herein. 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 until the end of October, 2006 and is to be calculated upon the monthly rental of $700 per month. All other monthly payments shall be $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. Lessee shall be required to complete all demolition on the Old Cavalier Supply building in accordance with said agreement, and ~no later than November 30, 2006. Time is of the essence. Failure to completely remove the Washington Avenue building shall be a material breach and the Town shall be entitled to immediate possession in addition to any and all remedies available at law. 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 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. • '~ ~ ` i • 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. TERMINATION This lease shall be terminated upon 30 days written notice to either party by the end of the current month in which the notice is sent. 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. wn Manager For Cavalier S ply STATE OF VIRGINIA COUNTY OF PULASKI, to wit: Subscribed, sworn to and acknowledged before me this day of ~c~ 2006. My commission expires: ~~ 3 (~ ~ ~ [SEAL] ,~ ~ ~ ~' Notary Public