ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of July 16, 2016

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1 ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of July 16, 2016 DATE: July 7, 2016 SUBJECT: License Agreement between Arlington County Board and Arlington Apartments L/CAL LLC for use of a portion of County Parcel, Parcel F, Pentagon Industrial Center, RPC# , for Construction Office/Staging Purposes Related to Construction of SP #2. C. M. RECOMMENDATIONS: 1. Approve the attached License Agreement between Arlington County Board and Arlington Apartments L/CAL LLC for use of a portion of a County Parcel (RPC# ) for Construction Office/Staging Purposes Related to Construction of SP #2 ( License Agreement ); and 2. Authorize the Real Estate Bureau Chief, Department of Environmental Services, or his designee, to execute on behalf of the County Board, the License Agreement and all related documents, subject to approval as to form by the County Attorney. ISSUES: There are no issues identified with this request. SUMMARY: Arlington Apartments L/CAL LLC ( Arlington Apartments ) has requested the License Agreement to permit their use of a portion of a County parcel of property, Parcel F, Pentagon Industrial Center, RPC# , as shown in the attached Exhibit A ( Teardrop Property ), for staging, parking and construction office purposes while constructing its project at 400 Army-Navy Drive, SP #2. The Teardrop Property is the subject of a concurrent request before the County Board for a Use Permit under the provisions of the Arlington County Zoning Ordinance for temporary off-site contractors storage and staging yards, and sales or leasing trailers or pavilions, associated with approved new construction. BACKGROUND: The County is the owner of Parcel F, Pentagon Industrial Center by Deed of Severance, Transfer, Dedication and Conveyance, recorded among the land records of the Arlington County Circuit Court ( Land Records ) on June 29, 2016 as Instrument Number Arlington Apartments, the developer of the adjacent 400 Army-Navy Drive Property, SP #2 ( Site Plan ) has requested approval of a use permit under the provisions of the County Manager: ##### County Attorney: ***** 62. B. Staff: Linda Eichelbaum Collier, REB, DES

2 Arlington County Zoning Ordinance to allow use of the Teardrop Property for temporary off-site contractors storage and staging yards, and sales or leasing trailers or pavilions, associated with approved new construction. In addition to obtaining the use permit, Arlington Apartments must enter into the attached License Agreement with the County. DISCUSSION: The proposed License Agreement between Arlington Apartments and the County will permit Arlington Apartments to use the Teardrop Parcel for temporary off-site staging, parking and office trailers in conjunction with construction of the Site Plan. The term of the License Agreement is month-to-month for as long as the use permit is in effect, unless earlier terminated by the parties. The County may terminate the License Agreement at any time and for any reason or for no reason by giving not less than thirty (30) days prior written notice to the Licensee. In addition to the above termination provisions and among other provisions of the License Agreement, Arlington Apartments will: Pay the County a License Fee of $1, per month for the use of the Teardrop Property; Keep the Teardrop Property free and clear of all trash and debris; Restore the Teardrop Property to the same condition as it is at the commencement of the License Agreement; Maintain specified insurance covering the Teardrop Property with the County as an additional insured; and Indemnify the County from and against all claims, causes of action, liabilities, losses, costs and expenses arising from work occurring on the Teardrop Property. FISCAL IMPACT: The License Fee of $1, per month will be deposited in the County s general fund

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20 S EADS ST Vicinity Map License Agreement for Use of a portion of County Parcel, for Construction Office/Staging Purposes RPC # ARMY NAVY DR RAMP License Area S EADS ST 11TH ST S 12TH ST S Feet / Pursuant to Section of the Code of Virginia, any determination of topography or contours, or any depiction of physical improvements, property lines or boundaries is for general information only and shall not be used for the design, modification, or construction of improvements to real property or for flood plain determination. Aerial Photography 2015 Commonwealth of Virginia Easement Locations are Approximate. Map prepared by Arlington County GIS Mapping Center Produced and July 2016

21 S EADS ST Vicinity Map License Agreement for Use of a portion of County Parcel, for Construction Office/Staging Purposes RPC # ARMY NAVY DR License Area S EADS ST 11TH ST S 12TH ST S Feet / Pursuant to Section of the Code of Virginia, any determination of topography or contours, or any depiction of physical improvements, property lines or boundaries is for general information only and shall not be used for the design, modification, or construction of improvements to real property or for flood plain determination. Aerial Photography 2015 Commonwealth of Virginia Easement Locations are Approximate. Map prepared by Arlington County GIS Mapping Center Produced and July 2016

22 Vicinity Map License Agreement for Use of a portion of County Parcel, for Construction Office/Staging Purposes RPC # INTERSTATE 395 INTERSTATE 395 HOV LANES INTERSTATE 395 HOV LANES INTERSTATE 395 ARMY NAVY DR S FERN ST License Area S EADS ST ROUTE TH ST S S EADS ST 11TH ST S ARMY NAVY DR U.S. ROUTE 1 U.S. ROUTE 1 S ELM ST 12TH RD S S FAIR ST S ELM ST 13TH ST S Feet JEFFERSON DAVIS HWY JEFFERSON DAVIS HWY / Pursuant to Section of the Code of Virginia, any determination of topography or contours, or any depiction of physical improvements, property lines or boundaries is for general information only and shall not be used for the design, modification, or construction of improvements to real property or for flood plain determination. Aerial Photography 2015 Commonwealth of Virginia Easement Locations are Approximate. Map prepared by Arlington County GIS Mapping Center Produced and July 2016