ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of July 19, 2014 DATE: July 2, 2014 SUBJECT: License Agreement between Arlington County Public Schools and the County Board of Arlington County, Virginia, Permitting the Placement and Operation of a Capital Bikeshare Station on a Portion of the Property Located 125 S. Old Glebe Road, Arlington, Virginia (RPC #24-011-058). C. M. RECOMMENDATION: 1. Approve the License Agreement between Arlington County Public Schools and the County Board of Arlington County, Virginia, Permitting the County Board of Arlington County, Virginia, to Establish, Operate, and Maintain Elements of a Self- Service Bicycle Rental System on a Portion of the Property Located at 125 S. Old Glebe Road, Arlington, Virginia (RPC #24-011-058). 2. Authorize the Real Estate Bureau Chief, or his designee, to execute on behalf of the County Board, the License Agreement, subject to approval of such Agreement as to form by the County Attorney. ISSUES: The County Board is being requested to approve the attached License Agreement ( License ) to allow the County to install a bike-sharing station on a portion of the property owned by Arlington County Public Schools at 125 S. Old Glebe Road. There are no outstanding issues related to this agenda item. SUMMARY: Following County Board approval and execution of the License, the bike-sharing station will be allowed on the licensed portion of the property for a term of five (5) years. The License provides the County with an option to extend for four (4) additional consecutive five (5) year periods until the License is terminated by one of the parties upon giving 180 days written notice to the other party, or upon sixty (60) days written notice from Arlington County Public Schools to the County that the use of the licensed area is disruptive to Thomas Jefferson Middle School or the Thomas Jefferson Community Center. BACKGROUND: Capital Bikeshare is a popular bike-sharing system in the Metropolitan D.C. region. Recognizing this trend, Arlington County Commuter Services has partnered with MetroBike in the continued development of a network of strategically-placed bike-sharing County Manager: ##### County Attorney: ***** 17. Staff: Maxine Cholmondeley, Department of Environmental Services
stations in various locations around the county. This bike-sharing partnership promotes the ideals of car-free transportation, a healthy lifestyle and environmental stewardship. Under this partnership, existing Capital Bikeshare stations are County-owned and are located on County-owned property, County rights-of-way, Virginia Department of Transportation rights-ofway, other publicly owned property, or on private property by a license agreement granted to the County that allows the County to install and operate the bike-sharing stations. DISCUSSION: The subject property is zoned S-3A Special Use District per Arlington County Zoning Ordinance ( ACZO ). The request for the County Board to approve the License for the proposed subject Capital Bikeshare station at Thomas Jefferson Community Center is being made subsequent to the approval by the County Board of Use Permit U-3269-14-2 on June 14, 2014, subject to conditions recommended by County staff, to allow the bike-sharing station use on the subject property per the ACZO. The proposed subject Capital Bikeshare station at Thomas Jefferson Community Center will be the first bike-sharing station owned by Arlington County Public Schools through a license agreement. Upon the approval of the License Agreement by the County Board, the County will have the necessary permission to install and operate the proposed station on Arlington County Public Schools property. The proposed License Agreement is attached hereto as Exhibit 1. The location of the proposed bike-sharing station is shown on the Vicinity Maps, attached to the License Agreement as Exhibits C, D, and E. Some of the pertinent provisions of the proposed License Agreement are as follows: The County Board of Arlington County, Virginia ( Licensee ) will be permitted to install, operate, and maintain the bicycle rental docking station on the licensed portion of the property owned by Arlington County Public Schools ( Licensor ). The term of the License will be for a period of five (5) years with an option to extend for four (4) additional consecutive five (5) year periods, provided Licensee provides Licensor with written notice of Licensee s exercise of such option not less than 180 days prior to the expiration of the then-current term of License. Either of the parties may terminate the License Agreement by providing the nonterminating party with at least 180 days written notice, or upon sixty (60) days written notice from Arlington County Public Schools to the County that the use of the licensed area is disruptive to Thomas Jefferson Middle School or the Thomas Jefferson Community Center. Licensee and all users of the bike-sharing station have no obligation to pay any fee or rent to Licensor with respect to the License Agreement. The Licensed Area must be used only for the bike-sharing station and purposes incidental thereto, and Licensor must not block or impair any user access to the station. - 2 -
Licensee is required to maintain the bike-sharing station in good condition. No insurer may hold any rights of subrogation arising out of the License Agreement against any party. The obligations of each party under the Licensee Agreement are subject to appropriations of funds by the County Board. FISCAL IMPACT: Under the terms of the License Agreement, the County, as Licensee, has no obligation to pay any fee or rent to Licensor. - 3 -
EXHIBIT 1 TO BOARD REPORT LICENSE AGREEMENT