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Attachment 1 R15-113 R15-114

R15-116

BACKGROUND REPORT The Aquia Harbour Property Owners Association (AHPOA) currently owns the parcel on which Fire and Rescue Station 9 is located (a portion of Tax Map Parcel No. 21B-9) (Parcel), located inside the gate of the Aquia Harbour Subdivision. The Aquia Harbour Volunteer Rescue Squad (AHVRS) leases the Parcel, and owns the building that houses both the AHVRS and the career-staffed County engine. The current lease between the AHVRS and the AHPOA expires on April 30, 2020. Both the AHPOA and AHVRS expressed an interest in executing a lease assignment (Attachment 4), and conveying the Parcel and building over to the County for its continued operation as a County Fire and Rescue Station (Attachment 3). If the Board authorizes the purchase of Station 9 and the Parcel, proposed Resolution R15-113 would authorize the advertisement of a public hearing to consider executing the lease assignment with the AHVRS and AHPOA. Proposed Resolution R15-116 (Attachment 5) authorizes the County Administrator, following a public hearing, to execute a lease assignment on County-owned property, on a portion of Tax Map Parcel No. 21B-9, with the AHVRS. At its August 19, 2014 meeting, the Board adopted Resolution R14-204, accepting the conveyance of Station 9 and the Parcel. Since that time, further discussions and negotiations have taken place. It was determined that Washington Drive, the road that services Station 9 and the Aquia Harbour Subdivision, must be widened to ensure adequate access, and the safety of the volunteer and career staff when responding to and returning from service calls, as well as a means to reduce congestion. Washington Drive is a private road, owned by the AHPOA. The cost to widen Washington Drive is approximately $195,000. Proposed Resolution R15-114 (Attachment 6) would authorize the purchase of Station 9 and the Parcel for $195,000, subject to the terms and conditions in the purchase agreement (Attachment 2). Specifically, the purchase agreement would require that Washington Drive be widened within two years of the conveyance of the Parcel to the County. FY 15 contingency funds are available for this project. Staff recommends approval of proposed Resolution R15-114, which authorizes the County Administrator to execute a purchase agreement for Station 9 and the Parcel. Staff also recommends approval of proposed Resolution R15-113, which authorizes the the County Administrator to advertise a public hearing to consider a lease assignment with the AHVRS, on County-owned property.

Attachment 2

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PURCHASE AGREEMENT

THIS AGREEMENT is made this ____ day of ____________, 2015, by and between

AQUIA HARBOUR PROPERTY OWNERS ASSOCIATION, INC., a/k/a AQUIA

PROPERTY OWNERS ASSOCIATION, a Virginia non-stock corporation (“Seller”), and the

COUNTY OF STAFFORD, VIRGINIA, a political subdivision of the Commonwealth of

Virginia (“Purchaser”), as follows:

1. Purchaser agrees to buy and Seller agrees to sell that certain parcel of real estate

containing 0.419 acres, more or less, designated as a portion of Tax Map Parcel Number

21B-9, and shown on that certain plat titled, “PLAT SHOWING A DIVISION OF

PARCEL ‘O’ THE PROPERTY OF THE AQUIA HARBOUR PROPERTY OWNERS’

ASSOCIATION, INC. AQUIA DISTRICT STAFFORD COUNTY, VIRGINIA,”

prepared by Griffin Surveying, PLLC, dated September 10, 2014, as last revised

(“Property”), a copy of which is attached to the Deed of Conveyance and made a part

hereof.

2. The Property shall be conveyed from Seller to Purchaser pursuant to a Deed of

Conveyance (“Deed”).

3. The purchase price for the Property shall be One Hundred Ninety-Five Thousand and

00/100 Dollars ($195,000.00) (“Purchase Price”).

4. The Seller agrees to convey marketable and insurable title to the Property by general

warranty Deed, subject to any easements, covenants, and restrictions of record which do

not adversely affect the use of the Property. The Property shall be conveyed subject to

the following conditions:

a. Purchaser agrees to use the Property as a fire and rescue facility, or for fire and

rescue purposes. If Purchaser ceases to use the Property as a fire and rescue

facility, or for fire and rescue purposes, for a period of at least 180 consecutive

calendar days, fee simple title to the Property shall revert to the Seller, provided

that the Seller complies with the Deed regarding notice of and an opportunity to

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cure the breach.

b. If the Property reverts to the Seller ten years or more after the execution of the

Deed, Purchaser shall not be entitled to any portion of the Purchase Price being

returned. If the Property reverts to the Seller less than ten years after the

execution of the Deed, Purchaser shall be entitled to a prorated portion of the

Purchase Price off-set by the amount Seller spent to widen Washington Drive

(Road Expense), pursuant to paragraph 7 herein; and Seller agrees to remit a

prorated portion of the Purchase Price minus Road Expense to Purchaser within

30 days of the reversion. The prorated portion of the Purchase Price shall be as

set-out below:

Year of Reversion Prorated Portion of Purchase Price Due

2016 $175,500

2017 $156,000

2018 $136,500

2019 $117,000

2020 $97,500

2021 $78,000

2022 $58,500

2023 $39,000

2024 $19,500

2025 $0

If the prorated Purchase Price minus Road Expense yields a negative total,

Purchaser shall not be entitled to any portion of the Purchase Price returned.

c. The Property shall be conveyed subject to any and all applicable easements,

covenants, conditions, restrictions, and agreements of record, including the lease

assignment between the Seller, the Purchaser, and the Aquia Harbour Volunteer

Rescue Squad, which assignment shall be recorded with and incorporated into the

Deed.

5. Purchaser agrees to upgrade the existing fire and rescue facility on the Property within

ten years from the date that the Deed is recorded, subject to all conditions in the Deed.

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6. Purchaser agrees to notify Seller at least 60 days prior to any planned external

modifications of the building(s) on the Property. Purchaser agrees to allow Seller to

comment on any proposed external modifications, and to reasonably consider any

comments made by Seller.

7. Seller agrees to widen Washington Drive, paving and extending the far right lane of the

entrance to the Aquia Harbour Community up to the community’s gate. Construction of

the road shall be complete within two years from the date that the Deed is recorded.

8. The provisions of this Agreement that contemplate performance after conveyance of the

Property and obligations of the parties not fully performed prior to conveyance of the

Property, shall survive execution of the Deed and shall not be deemed to be merged into

or waived by the Deed. If conflicts exist between terms or conditions in this Agreement

and the Deed, the Deed shall control.

9. This Agreement and/or title to the Property may neither be assigned nor conveyed by the

Purchaser without the written consent of the Seller, subject to all provisions in the Deed.

10. This Agreement shall be governed by the Constitution and laws of the Commonwealth of

Virginia. The exclusive venue for any legal action arising out of this Agreement shall be

the courts of Stafford County, Virginia.

11. If any provision of this Agreement is held to be illegal, invalid or unenforceable under

present or future laws, such provision shall be fully severable, this Agreement shall be

construed and enforced as if such illegal, invalid, or unenforceable provision had never

comprised a part of this Agreement, and the remaining provisions of this Agreement shall

remain in full force and effect and shall not be affected by such illegal, invalid, or

unenforceable provision or by its severance from this Agreement.

[Remainder of the page intentionally left blank.]

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WITNESS the following signatures and seals:

Seller: AQUIA HARBOUR PROPERTY OWNERS

ASSOCIATION, INC., a/k/a AQUIA PROPERTY

OWNERS ASSOCIATION, a Virginia non-stock

corporation

By: ____________________________________

Printed Name: ______________________________ Title: ____________________________________

Purchaser:

This Agreement and the terms herein have been approved by the Stafford County Board of Supervisors by its adoption of Resolution R15-_____ on ___________, 2015, as evidenced by the signature of the undersigned, who is authorized to enter this Agreement on behalf of the County.

COUNTY OF STAFFORD, VIRGINIA, a political

subdivision of the Commonwealth of Virginia

By: ____________________________________

Anthony J. Romanello,

County Administrator

Attachment 3

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Prepared by and return to: Rysheda M. McClendon, VSB #78802 Stafford County Attorney’s Office 1300 Courthouse Road P.O. Box 339 Stafford, VA 22555 Tax Map Parcel Number: 21B-9 (portion) Property Description: 0.419 acres, more or less Title Underwriter:

Exempt from State Recordation Tax pursuant to Virginia Code § 58.1-811(A)(3)

DEED OF CONVEYANCE

THIS DEED OF CONVEYANCE ("Deed”) is made as of this ___ day of ________, 2015, by and between AQUIA HARBOUR PROPERTY OWNERS ASSOCIATION, INC., a/k/a AQUIA PROPERTY OWNERS ASSOCIATION, a Virginia non-stock corporation (“Grantor”), and STAFFORD COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia (“Grantee”), having an address of 1300 Courthouse Road, P.O. Box 339, Stafford, Virginia 22555.

WITNESSETH

In consideration of Ten Dollars ($10.00) cash in hand paid by the Grantee to the Grantor and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Grantor grants and conveys, with general warranty of title, unto the Grantee, fee simple title to the property briefly described as a portion of Stafford County, Virginia, Tax Map Parcel Number 21B-9, which is located in Stafford County, Virginia, as shown on the plat attached as Exhibit A, to be incorporated in and recorded with this Deed, dated September 10, 2014, as last revised, and entitled “PLAT SHOWING A DIVISION OF PARCEL ‘O’ THE PROPERTY OF THE AQUIA HARBOUR PROPERTY OWNERS’ ASSOCIATION, INC. AQUIA DISTRICT STAFFORD COUNTY, VIRGINIA,” prepared by Griffin Surveying, PLLC (“Property”); it being a portion of that same property acquired by Grantor by deed dated October 12, 1976, from Freeman C. Marr, as Trustee in Bankruptcy of Aquia Corporation, and recorded in Deed Book 304 at Page 91, among the land records of Stafford County, Virginia.

The Grantee covenants that it intends to use the Property as a fire and rescue facility, or

for fire and rescue purposes. If the Grantee ceases using the Property as a fire and rescue facility, or for fire and rescue purposes, for a period of at least 180 consecutive calendar days, fee simple title to the Property shall revert to the Grantor, provided that the Grantor complies with the conditions in this Deed regarding notice of and an opportunity to cure the breach of a

Attachment 3

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covenant. This covenant shall not include and shall not prevent the Grantee from using the Property for other County government purposes or co-locating other County facilities or improvements on the Property, which do not interfere with the use of the Property as a fire and rescue facility or for fire and rescue purposes.

The Grantee covenants that it intends to upgrade the existing fire and rescue facility on the Property within ten years from the date that this Deed is recorded, provided that the Grantor and Grantee can mutually agree on (i) shared parking spaces, lots, and/or facilities on Lot 9 and/or Parcel O-2 (shown on Exhibit A), (ii) stormwater management facilities on Lot 9 and/or Parcel O-2, and (iii) permanent utility easements and temporary construction easements on Lot 9 and/or Parcel O-2, which are needed or required for the upgraded fire and rescue facility. The Grantor and the Grantee agree to work in good faith to provide the parking, stormwater management, and utility easements. If the Grantee does not do so, fee simple title to the Property shall revert to the Grantor, provided that the Grantor complies with the conditions in this Deed regarding notice of and an opportunity to cure the breach of a covenant.

The Grantee covenants that it does not intend to further convey the Property to a third

party. If the Grantee does so without the written consent of the Grantor, fee simple title to the Property shall revert to the Grantor, provided that the Grantor complies with the conditions in this Deed regarding notice of and an opportunity to cure the breach of a covenant. This covenant shall not include and shall not prevent the Grantee from conveying any interest in the Property to a department, agency, or political subdivision of the Commonwealth of Virginia, including, but not limited to, related to a lease financing or debt issuance approved by the Board of Supervisors of Stafford County, Virginia, so long as the Property is still used as a fire and rescue facility or for fire and rescue purposes. If the Grantee permissibly conveys any interest in this Property, the Grantee shall ensure that the conveyance is subject to and does not interfere with the Grantor’s potential reversionary interest under any other covenant in this Deed.

If the Grantor believes that the Grantee breached any of the covenants in this Deed, the

Grantor shall give the Grantee written notice of the breach. The written notice shall be hand-delivered to the Stafford County Administrator’s Office. If the Grantee fails to cure the breach of this convent within 90 calendar days of receiving this written notice, the fee simple title to the Property shall automatically revert to the Grantor. If fee simple title to the Property reverts to the Grantor, the Grantee shall have at least 90 calendar days to remove any and all of the Grantee’s property from the Property.

The Grantor grants the Grantee a permanent ingress/egress/access easement over and

across any private streets and roads located within the Aquia Harbour subdivision, including, but not limited to, Washington Drive, for the purposes and uses allowed under this Deed.

Attachment 3

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This conveyance is pursuant to a Purchase Agreement (“Agreement”) between Grantor and Grantee, executed on ___________, 2015. Grantor and Grantee covenant that any performance required under the Agreement after conveyance of the Property and obligations of the parties not fully performed prior to conveyance of the Property, shall survive execution of this Deed and shall not be deemed to be merged into or waived by this Deed. If conflicts exist between terms or conditions in the Agreement and this Deed, this Deed shall control.

This conveyance is subject to any and all applicable easements, covenants, conditions, restrictions, and agreements of record, including the lease assignment, dated __________, 2015, between the Grantor, the Grantee, and the Aquia Harbour Volunteer Rescue Squad, which is attached as Exhibit B and incorporated into this deed.

WITNESS the following signatures:

GRANTOR: AQUIA HARBOUR PROPERTY OWNERS ASSOCIATION, INC., a/k/a AQUIA PROPERTY OWNERS ASSOCIATION, a Virginia corporation

By: ____________________________________ Printed Name: ______________________________ Title: ____________________________________

COMMONWEALTH OF VIRGINIA CITY/COUNTY OF _________________, to-wit:

The foregoing instrument was acknowledged on this the ____ day of ________________ 2015, by _______________________, as __________________ [INSERT TITLE] on behalf of the Aquia Harbour Property Owners Association, Inc. My Commission _________________________ expires on ___________________________

(Reg. #) (Date) [SEAL] _______________________________________

Notary Public _______________________________________ Printed Name

Attachment 3

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The foregoing conveyance is agreed to by the Board of Supervisors of Stafford County,

Virginia, as evidenced by the signature of the undersigned, who is authorized to executed this Deed of Conveyance on behalf of the Board of Supervisors of Stafford County, Virginia, by Resolution R14-204, adopted by the Board of Supervisors of Stafford County, Virginia, on August 19, 2014, attached as Exhibit C and recorded with this Deed of Conveyance.

GRANTEE: STAFFORD COUNTY, VIRGINIA

By: _____________________________ Anthony J. Romanello County Administrator COMMONWEALTH OF VIRGINIA COUNTY OF STAFFORD, to-wit:

The foregoing instrument was acknowledged before me this _____ day of __________, 2015, by Anthony J. Romanello, County Administrator of Stafford, Virginia, on behalf of the County of Stafford.

[SEAL]

_______________________________________ Notary Public

Printed Name: ___________________________ My commission expires: ___________________

My registration number is: _________________ APPROVED AS TO FORM: Virginia Code § 15.2-1803 _______________________________ Stafford County Attorney's Office Printed Name: ___________________ Title: _________________________

Attachment 3

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EXHIBIT A

Plat of the Property

Attachment 3

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EXHIBIT B

Lease Assignment

Attachment 3

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EXHIBIT C

Resolution R14-204

Attachment 4

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Prepared by and return to: Rysheda M. McClendon, VSB #78802 Stafford County Attorney’s Office 1300 Courthouse Road P.O. Box 339 Stafford, VA 22555 Tax Map Parcel Number: 21B-9 (portion) Property Description: 0.419 acres, more or less

LEASE ASSIGNMENT

This Lease Assignment (“this assignment”) is entered into and effective on ___________,

2015, by and between the AQUIA HARBOUR PROPERTY OWNERS ASSOCIATION, INC., a/k/a AQUIA PROPERTY OWNERS ASSOCIATION, a Virginia non-stock corporation (“POA”), the AQUIA HARBOUR VOLUNTEER RESCUE SQUAD, a Virginia non-stock corporation (“AHVRS”), and STAFFORD COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia (“the County”). WHEREAS, there is an existing lease, dated April 24, 1990, between the POA and AHVRS for the building known as Station 9 (“the lease”), which is located on a portion of the real property known as Tax Map Parcel 21B-9; and WHEREAS, the parties desire for the POA to convey a portion of Tax Map Parcel Number 21B-9, including Station 9, to the County (“Property”); and

WHEREAS, the parties desire for the lease to continue after the POA conveys the Property to the County, with the County replacing the POA, under the following terms; and

WHEREAS, on __________, 2015, the Stafford County Board of Supervisors held a

public hearing on this assignment as required under Virginia Code § 15.2-1800(B);

TERMS NOW, THEREFORE, THIS ASSIGNMENT WITNESSETH that for and in

consideration of the Property and other good and valuable consideration, this assignment shall be subject to the following terms:

1. The lease is attached to and incorporated into this assignment. The lease shall remain in

full force and effect, except as specifically amended by this assignment.

2. The POA assigns the lease to the County. After the lease is assigned, the POA shall be completely released from the lease and shall have no further obligations or responsibilities under the lease. The POA takes no position on any additional terms in this assignment.

Attachment 4

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3. Under the lease, including, but not limited to paragraph 22, the County shall be the “LESSOR.” Wherever in the lease there is a right or obligation of the “LESSOR” or the POA, it shall now be a right or obligation of the County.

4. The AHVRS agrees to this assignment. The AHVRS shall remain the “LESEE” under the lease. Wherever in the lease there is a right or obligation of the “LESSEE” or the AHVRS, it shall remain a right or obligation of the AHVRS.

5. The following language of paragraph 1 of the lease shall be amended: “Schedule A” shall be deleted and replaced by “Attachment A.” Attachment A shall be a plat titled, “PLAT SHOWING A DIVISION OF PARCEL ‘O’ THE PROPERTY OF THE AQUIA HARBOUR PROPERTY OWNERS’ ASSOCIATION, INC. AQUIA DISTRICT STAFFORD COUNTY, VIRGINIA,” dated September 10, 2014, as last revised, prepared by Griffin Surveying, PLLC, which is attached to and incorporated into this assignment.

6. The following language shall be added at the end of paragraph 2 of the lease. “This lease may be extended by the mutual written agreement of the County and AHVRS. Prior to the expiration of the lease on April 30, 2020, the County and AHVRS will negotiate in good faith to extend the lease for an additional term that they determine is appropriate and mutually-beneficial.”

7. Paragraph 5 shall be amended as follows. “5. MAINTENANCE OF PREMISES: The LESSEE agrees to:

(a) LESSOR shall maintain at their own expense the premises and any improvements thereon in good repair, including all water pipes, plumbing fixtures, appliances, etc., also the sidewalks, cellar, yard and contiguous premises to be kept safe and clean, free of ice, snow, rubbish, ashes and debris, and in such condition as may be required by the regulations of any state or county governmental authority. without any abatement in rental; and”

8. Paragraph 5(b) of the lease shall be deleted in its entirety.

9. The first sentence of paragraph 7 shall be amended as follows: “The LESSEE agrees not to use the premises for any purpose contrary to the rules, regulations, by-laws, and restrictions and convents of Aquia Harbour Subdivision and not to permit anything to be done on the premises which will be contrary to the provisions of the policies of insurance hereon or which will increase the premiums for such insurance, or be contrary to the rules and regulations of any state or county governmental authority.”

Attachment 4

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10. The last sentence of paragraph 7 shall be amended as follows:

“Any other fundraising activities must be approved by the LESSOR’S Board of Directors.”

11. Paragraph 24 shall be deleted in its entirety. 12. Paragraph 26 of the lease shall be amended to delete the POA’s address and contact

information. In its place, all notices under the lease to the County shall be sent to: “Stafford County Fire and Rescue Department, Attn: Fire and Rescue Chief, 1225 Courthouse Road, Stafford, VA 22554” and “Stafford County, Attn: County Administrator, 1300 Courthouse Road, Stafford, VA 22554.”

13. This assignment, including the lease and Attachment A, shall be recorded in the Stafford

County land records. 14. This assignment is agreed to by the Board of Supervisors of Stafford County, Virginia, as

evidenced by the signature of the undersigned, who is authorized to executed this assignment on behalf of the Board of Supervisors of Stafford County, Virginia, by Resolution R15-____, adopted by the Board of Supervisors of Stafford County, Virginia, on ____________, 2015, attached to and recorded with this assignment.

[Remainder of the page intentionally left blank.]

Attachment 4

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WITNESS the following signatures and seals:

STAFFORD COUNTY, VIRGINIA By: _____________________________ Anthony J. Romanello County Administrator COMMONWEALTH OF VIRGINIA COUNTY OF STAFFORD, to-wit:

The foregoing instrument was acknowledged before me this _____ day of __________, 2015, by Anthony J. Romanello, County Administrator of Stafford, Virginia, on behalf of the Stafford, County.

[SEAL]

_______________________________________ Notary Public

Printed Name: ___________________________ My commission expires: ___________________

My registration number is: _________________ Approved as to form per Virginia Code § 15.2-1803: _______________________________ Stafford County Attorney's Office Printed Name: ___________________ Title: _________________________

Attachment 4

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AQUIA HARBOUR VOLUNTEER RESCUE SQUAD, a Virginia non-stock corporation By: ____________________________________ Printed Name: ___________________________ Title: __________________________________ COMMONWEALTH OF VIRGINIA COUNTY OF STAFFORD, to-wit:

The foregoing instrument was acknowledged before me this _____ day of __________, 2015, by ______________________, _________________ (Title) of Aquia Harbour Volunteer Rescue Squad.

[SEAL]

_______________________________________ Notary Public

Printed Name: ___________________________ My commission expires: ___________________

My registration number is: _________________

Attachment 4

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AQUIA HARBOUR PROPERTY OWNERS ASSOCIATION, INC., a/k/a AQUIA PROPERTY OWNERS ASSOCIATION, a Virginia non-stock corporation By: ____________________________________ Printed Name: Charles Collins Title: President COMMONWEALTH OF VIRGINIA COUNTY OF STAFFORD, to-wit:

The foregoing instrument was acknowledged before me this _____ day of __________, 2015, by Charles Collins, President of Aquia Harbour Property Owners Association, Inc., a/k/a Aquia Property Owners Association.

[SEAL]

_______________________________________ Notary Public

Printed Name: ___________________________ My commission expires: ___________________

My registration number is: _________________

Attachment 5 R15-116

PROPOSED

BOARD OF SUPERVISORS COUNTY OF STAFFORD STAFFORD, VIRGINIA

RESOLUTION

At a regular meeting of the Stafford County Board of Supervisors (the Board) held in the Board Chambers, George L. Gordon, Jr., Government Center, Stafford, Virginia, on the _ day of _, 2015: ---------------------------------------------------------------------------------------------------------- MEMBERS: VOTE: Gary F. Snellings, Chairman Laura A. Sellers, Vice Chairman Meg Bohmke Jack R. Cavalier Paul V. Milde III Cord A. Sterling Robert “Bob” Thomas, Jr. ---------------------------------------------------------------------------------------------------------- On motion of , seconded by , which carried by a vote of to , the following was adopted:

A RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE A LEASE ASSIGNMENT ON COUNTY-OWNED PROPERTY, A PORTION OF TAX MAP PARCEL 21B-9, WITH THE AQUIA HARBOUR VOLUNTEER RESCUE SQUAD, INC., IN THE GRIFFIS-WIDEWATER ELECTION DISTRICT

WHEREAS, the Aquia Harbour Volunteer Rescue Squad, Inc. (AHVRS)

operates Fire and Rescue Station No. 9 (Station 9) on a portion of Tax Map Parcel No. 21B-9 (Parcel), located within the Griffis-Widewater Election District; and

WHEREAS, the Aquia Harbour Property Owners Association, Inc. (AHPOA) agreed to convey the Parcel, including Station 9, to the County; and

WHEREAS, pursuant to a lease dated April 24, 1990, which expires on April

30, 2020, the AHPOA currently leases the Parcel to the AHVRS; and

WHEREAS, the AHPOA desires to assign its interest in the lease, including any interest in Station 9, to the County; and

WHEREAS, pursuant to Resolution R14-204, the Board agreed to accept the

conveyance of the Parcel, including Station 9; and

WHEREAS, the Board desires to continue using the Parcel, including Station 9, for fire and rescue purposes as part of the County’s Fire and Rescue Department; and

R15-116 Page 2 WHEREAS, the Board carefully considered the recommendations of staff, the

AHVRS, and public testimony, if any, received at the public hearing; and WHEREAS, the Board finds that accepting and executing the lease assignment,

will secure and promote the health, safety, and general welfare of the County and its citizens;

NOW THEREFORE BE IT RESOLVED, by the Stafford County Board of Supervisors, on this the __ day of __, 2015, that the County Administrator be and he hereby is authorized to execute a lease assignment with the Aquia Harbour Property Owners Association, Inc., and the Aquia Harbour Volunteer Rescue Squad, Inc., on a portion of Tax Map Parcel 21B-9, including Fire and Rescue Station No. 9; and

BE IT FURTHER RESOLVED, that the Board authorizes the County

Administrator, or his designee, to execute any and all other documents that he deems necessary and/or appropriate to execute the lease assignment.

AJR:ML:jm

R15-114

PROPOSED

BOARD OF SUPERVISORS COUNTY OF STAFFORD STAFFORD, VIRGINIA

RESOLUTION

At a regular meeting of the Stafford County Board of Supervisors (the Board) held in the Board Chambers, George L. Gordon, Jr., Government Center, Stafford, Virginia, on the 17th day of March, 2015: ---------------------------------------------------------------------------------------------------------- MEMBERS: VOTE: Gary F. Snellings, Chairman Laura A. Sellers, Vice Chairman Meg Bohmke Jack R. Cavalier Paul V. Milde III Cord A. Sterling Robert “Bob” Thomas, Jr. ---------------------------------------------------------------------------------------------------------- On motion of , seconded by , which carried by a vote of to , the following was adopted:

A RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE A PURCHASE AGREEMENT FOR THE AQUIA HARBOUR RESCUE SQUAD BUILDING AND A PORTION OF TAX MAP PARCEL 21B-9, AND TO BUDGET AND APPROPRIATE FUNDS IN THE AMOUNT OF $195,000 FROM THE CAPITAL PROJECT RESERVE FUND

WHEREAS, the Aquia Harbour Volunteer Rescue Squad, Inc. (AHVRS),

operates Fire and Rescue Station No. 9 (Station 9) on a portion of Tax Map Parcel No. 21B-9 (the Parcel) located in the Griffis-Widewater Election District; and

WHEREAS, the Aquia Harbour Property Owners Association, Inc. (AHPOA) agreed to convey the Parcel, including Station 9, to the County; and

WHEREAS, pursuant to a lease dated April 24, 1990, which expires on April

30, 2020, the AHPOA currently leases the Parcel to the AHVRS; and

WHEREAS, the AHPOA desires to assign its interest in the lease, including any interest in Station 9, to the County; and

WHEREAS, pursuant to Resolution R14-204, the Board agreed to accept the

conveyance of the Parcel, including Station 9; and

WHEREAS, the Board desires to continue using the Parcel, including Station 9, for fire and rescue purposes as part of the County’s Fire and Rescue Department; and

R15-114 Page 2

WHEREAS, Station 9 is located on Washington Drive, which leads into the

Aquia Harbour subdivision, and must be widened to enhance access and safety, and lessen congestion; and

WHEREAS, the cost to widen Washington Drive is approximately $195,000;

and WHEREAS, the Board desires to purchase the Parcel, including Station 9, from

AHPOA for $195,000, so that AHPOA can widen Washington Drive; and

WHEREAS, the Board finds that purchasing the Parcel, including Station 9, will secure and promote the health, safety, and general welfare of the County and its citizens;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of March, 2015, that it be and hereby does authorize the purchase of the Aquia Harbour Rescue Squad Building (Fire and Rescue Station 9), a portion of Tax Map Parcel 21B-9, in an amount not to exceed One Hundred Ninety-five Thousand Dollars ($195,000), subject to the terms and conditions in the Purchase Agreement.

BE IT FURTHER RESOLVED that the Board authorizes the County

Administrator, or his designee, to execute the Purchase Agreement, and any and all other documents that he deems necessary and/or appropriate to purchase the Parcel, including Station 9; and

AJR:ML:jm

R15-113

PROPOSED

BOARD OF SUPERVISORS COUNTY OF STAFFORD STAFFORD, VIRGINIA

RESOLUTION

At a regular meeting of the Stafford County Board of Supervisors (the Board) held in the Board Chambers, George L. Gordon, Jr., Government Center, Stafford, Virginia, on the 17th day of March, 2015: ---------------------------------------------------------------------------------------------------------- MEMBERS: VOTE: Gary F. Snellings, Chairman Laura A. Sellers, Vice Chairman Meg Bohmke Jack R. Cavalier Paul V. Milde III Cord A. Sterling Robert “Bob” Thomas, Jr ---------------------------------------------------------------------------------------------------------- On motion of , seconded by , which carried by a vote of to , the following was adopted:

A RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR TO ADVERTISE A PUBLIC HEARING TO CONSIDER EXECUTING A LEASE ASSIGNMENT WITH THE AQUIA HARBOUR VOLUNTEER RESCUE SQUAD, INC., ON COUNTY-OWNED PROPERTY, IN THE GRIFFIS-WIDEWATER ELECTION DISTRICT

WHEREAS, the Aquia Harbour Volunteer Rescue Squad, Inc. (AHVRS)

operates Fire and Rescue Station No. 9 (Station 9) on a portion of Tax Map Parcel No. 21B-9 (Parcel), located within the Griffis-Widewater Election District; and

WHEREAS, the Aquia Harbour Property Owners Association, Inc. (AHPOA) agreed to convey the Parcel, including Station 9, to the County; and

WHEREAS, pursuant to a lease dated April 24, 1990, which expires on April

30, 2020, the AHPOA currently leases the Parcel to the AHVRS; and

WHEREAS, the AHPOA desires to assign its interest in the lease, including any interest in Station 9, to the County; and

WHEREAS, pursuant to Resolution R14-204, the Board agreed to accept the

conveyance of the Parcel, including Station 9; and

WHEREAS, the Board desires to continue using the Parcel, including Station 9, for fire and rescue purposes as part of the County’s Fire and Rescue Department; and

R15-113 Page 2

WHEREAS, pursuant to Virginia Code § 15.2-1800(B), the Board desires and is required to hold a public hearing and receive public testimony, if any, to consider accepting the lease assignment, and execution of the lease assignment on County-owned property;

NOW, THEREFORE, BE IT RESOLVED, by the Stafford County Board of Supervisors, on this the 17th day of March, 2015, that the County Administrator be and he hereby is authorized to advertise a public hearing to consider accepting the lease assignment from the Aquia Harbour Property Owners Association, Inc., and executing the lease assignment with the Aquia Harbour Volunteer Rescue Squad for a portion of Tax Map Parcel No. 21B-9, including Fire and Rescue Station No. 9.

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