MAY 9, 1996 MINUTES
I',[ ( f 11 @l[ MANA(@ER MUNICPAT CFNTFR
May 10, 1996 VH(@INARFA@l VR NiA234569(@l
The Honorable Mavor
Members of City Council
Dear Council Members:
During the briefing yesterday staff was asked to provide parking garage usage
estimates which would depict winter month expectations. Attached are two
worksheets with a hypothetical first full year of operations for the proposed parking
garage at 9th Street: (1) Best Case and (2) Conservative Case. As shown, the winter
months assumes 60-90 cars a day, which may be too high in the early years of the
project. This information serves as the basis for the Exhibit in the Policy Report on
the 9tli Street Parking Garage. For that reason, I intend to budget a net of $300,000
for the lease pavment in the initial vears until actual experience provides better
budgeting information.
Siticerelv,
Jamess K. Spore
City Manager
INCOME AND EXPENSE PROJECTIONS EXHIBIT 11 -A
CONSERVATIVE CASE $7 ALL DAY RATE
611SPACES LOCATION: VIRGINIA BEACH 8TH/9TH STREET
JAN FEB MAR APRIL MAY JUNE JULY AUG SEPT OCT NOV DEC TOTAL
INCOMEI
MONTHLY $0 $0 $0 $0 $2.5DO $2.500 $2,500 $2.500 $2.500 $0 $0 so $12 500
DAILY $12,810 $12 810 $12,810 $32,130 $77,070 $194.940 $194,940 $1 94 940 $7 7,070 $32 130 $12.810 $12,810 $867 2 7 3
GROSS INCOME: $12,810 $12,810 $12,810 $32,130 $79,570 $1 97,440 $197,440 $197,440 $79@570 $32.130 $12,810 $12 810 $879 7 7 0
DIRECT EXPENSES
WAGES $4,358 $4 358 $4,358 $4 358 $6,038 $6,600 $6 600 $6.600 $6 038 $4,358 $4 358 $4 358 $62 382
LABOR COSTS $1,438 $1 438 $1 438 $1 438 $1 993 $2 1 78 $2 1 78 $2 1 78 $1 993 $1 438 S 1 4 3.8 $! 438 $2 - -
UNIFORMS $261 $261 $26i $261 $362 $396 $396 $396 $352 $26 1 $261 S26, $ -,
JANITORIAL $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 $53 $ 500 $t
REPAJRS/MA NT $2 000 $2 000 $2.000 $2 OC-0 $2.00-D $2 000 $2 000 $2 000 $2 000 $2 000 $2 000 $2 DOC $ 2 4DC
ELEVATOR VA;NT $600 $600 $600 $600 $600 $600 $600 $600 $600 $60C $ 6 0 $60 $-
,JT L@TIES $2 000 $2 OC-0 $2,000 $2 000 $2 000 $2.000 $2,000 $2 000 $2 000 $ 2 000 $2 D $ oc S,4
7 CKETS $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 $50C $6
SUPPUES $250 $250 $250 $250 $250 $250 $250 $250 $250 $250 $2 50 $2 50 S 3 OCC
TELEPHONE $100 $100 $1 00 $100 $100 $1 00 $1 00 $100 $1 00 $1 00 $1 00 $1 00 $ I 2 C)C
GAR, LIA $183 $1 83 $1 83 $183 $254 $277 $277 $277 $254 $1 83 $1 83 $1 83 $2 620
GKLL $1 02 $1 02 $1 02 $102 $102 $1 02 $1 02 $102 $1 02 $1 02 $1 02 $ 1 02 Si 2 2 4
THEFT&COLLISION $96 $96 $96 $241 $597 $1,481 $1,481 $1,481 $597 $24 1 $96 $96 $8 5N
SIGNS/PROMO $50 $50 $50 $50 $50 $50 $50 $50 $50 $5c $5C $5c $A-
TOTAL OPERATING EXPENSES $ 1 2438 $1 2.438 $1 2,438 $12 @ $1 5,346 $17 034 $ 1 7 0,34 $ 1 7 0,3 4 Si 5 346 $12 @ $@@ 43 8 $ 2 438 $A@ --
NET LOT INCOME $372 $372 $372 $1 9,547 $64,224 $1 80@406 $180 4C)6 $1 80,406 $64 22 4 $1 9 54 7 $ 3 7 2 $ 3 7 2 $' @6, -
BASE FEE 3.5% $1 3 $1 3 $1 3 $684 $2,248 $6.3i4 $6.314 $6.314 $2 248 $684 $ 1 3 $1 3 $2 48'2
REAL ESTATE TAX $6 854 $6.854 $6,854 $6,854 $6,854 $6,8r>4 $6,854 $6,854 $6,85.4 $6,854 $6 85-4 $6 85.4 $82 25@
GROSS RECEIPTS TAX $58 $58 $58 $144 $357 $887 $887 $887 $357 $144 $58 $58 $3 g@
TOTALEXPENSES $1 9 363 $1 9,363 $19,363 $20,265 $24.805 $31.089 $31 089 $31 089 $24 805 $20 265 $1 9 363 Si 9 363 $280 2 2 5
NET OPERATING INCOME ($6,553) ($6,553) ($6,553) $1 1,865 $54,765 $166.351 $166,351 $166.351 $54 765 $11 865 ($6.5 53) ($6.553) $599 545
EXHIBIT 11
INCOME AND EXPENSE PROJECTIONS
BEST CASE - $7 ALL DAY RATE 611SPACES LOCATION: VIRGINIA BEACH 8TH/97H STREET
JAN FES MAR APRIL MAY JUNE JULY AUG SEPT OCT NOV DEC TOTAL
INCOME@ $0 $0 $i6 25C
MONTHLY $0 $0 $0 $0 $2.500 $3,750 $3,750 $3,750 $2 500 $0
DAILY $19 110 $19 110 $19,110 $38,430 $96,180 $233,580 $233.580 $233,580 $96 i8o $38,430 $19 lic sig 110 $1 06.5 5!C
GROSS INCOME $19,110 $19,110 $19,110 $38,430 $98,680 $237,330 $237.330 $237,330 $98,680 $38,430 $1 9,1 1 o $19 lio $1 081 7 6 0
DIRECT EXPENSES $4 358 $4,358 $4,358 $4.358 $6,038 $6,600 $6.600 $6,600 $6.038 $4,358 $4,358 $4,@ $62 3-8 2
WAGES $1,438 $1,993 $2,178 $2 1 78 $2 1 78 $1 993 $1 438 $1.438 $ 1 438 $20
LABOR COSTS $1,438 $1 438 $1,438 $261 $261 $3 7 39
UNIFORMS $261 $261 $261 $261 $362 $396 $396 $396 $362 $261 $500 $500 $6 coc
JANITORIAL $500 $500 $500 $500 $500 $500 $500 $500 $500 $500
REPAJRS/MAINT $2 000 $2 000 $2.000 $2.000 $2,000 $2.000 $2,000 $2,000 $2.000 $2 000 $2 000 $2 ODO $ 2 400'@
$600 $600 $600 $600 $600 $600 $600 $600 $600 $600 $600 $600 $7 2 a--
ELEVATOR MAINT $2,000 $2,000 $2@000 $2,000 $2,000 $2,000 $2 000 $2 000 $ 2 000 $2 DOC) $2 300 $2 DOC $24 CC @
UTILITIES 00 S6 Ix
TICKETS $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 $5
SUPP'LIES $250 $250 $250 $250 $250 $250 $250 $250 $250 $250 $250 $2 50 $3 OCC
TELEPHONE $100 $1 00 $100 $100 $100 $100 $1 00 $100 $1 00 $100 $100 $1 00 $1 20C
$i83 $183 $183 $183 $254 $277 $277 $277 $254 $183 $1 83 $183 $2 620
GAR LIA $102 $1 02 $102 $102 $102 $iO2 $102 $102 $1 02 $102 S 1 02 $1 224
GKLL $1 02 $740 $288 $143 $143 $81
THEFT&COLLISION $143 $i43 $143 $288 $740 $1,780 $1,780 $1 780
SIGNS/PROMO $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $6"-
TOTAL OPERATING EXPENSES@ $12,485 $1 2 485 $12,485 $12,630 $15,489 $1 7,333 $1 7,3.33 $1 7333 $15 489 $ 1 2r>3 0 $12 485 $ 1 2485 $ 1' C6 6
NET LOT INCOME $6,625 $6,625 $6,625 $25,800 $83,191 $219,997 $21 9,997 $219,997 $83 191 $25800 $6,625 $6 625 $9' '@98
BASE FEE 3.5% $232 $232 $232 $903 $2,912 $7,700 $7,700 $7 70-0 $2,912 $903 $232 $232 $31 8-88
REAL ESTATE TAX $6,854 $6,854 $6,854 $6,854 $6,@ $6,@ $6.8r>4 $6 854 $6,85-4 $6,854 $6 @ $6 854 $82 25 @l
GROSS RECEIPTS TAX $86 $86 $86 $1 73 $443 $1,066 $1 066 $1.066 $443 $1 73 $86 $86 $4 86C
TOTAL EXPENSES $1 9,657 $1 9 657 $1 9,657 $20,,560 $25.698 $32,953 $32 953 $32 953 $25 698 $20.560 $1 9 657 $ 19 657 t 2 6 9 6 6 ,
NET OPERATING INCOME ($54 7) ($54 7) ($54T) $17,870 $72,982 $204.377 $204,377 $204,377 $72.982 $17,870 ($54 7) ($54T) $792 100
II F I F @)f T,@E " Ty VANA,,EF, V,:
11 7,@ 4@, R@ 131
Al 804@ 427 413@,,
FFI') 1'04@ @'i
May 28, 1996
Mayor Oberndorf and Members of City Council
Administration Building
Municipal Center
Virginia Beach, Virginia, 23456
Re: Hilltop Loop - Landscape Plan
Dear Mayor Oberndorf and Members of Council:
Attached, please find a copy of a memorandum dated May 24, 1996
from Ralph A. Smith outlining the proposed landscaping design
elements for the Hilltop Loop Project. This is in response to the
questions by Councilmember Nancy Parker during the briefing on May
9, 1996 concerning this proposed project.
Should you desire further information on this matter, please
advise.
With Pride In our City,
Spore
ager
JKS/jwh
attachment
cc: C. Oral Lambert, Jr.
Ralph A. Smith
Robert J. Scott
John W. Herzke
City of Virginia Beach
INTER-OFFICE CO@SPONDENCE
May 24, 1996
TO: James K. Spore DEPARTMENT: Executive
FROM: Ralph A. Smith DEPARTMENT: PW/Engineering
SUBJECT: Hilltop Loop - Landscape Plan
During executive session briefing with City Council on May 9, 1996, Council Member Nancy
Parker asked about the extent of the proposed landscaping for the Hilltop Loop Project. In
response to those questions the following information is provided concerning this matter:
The Hilltop Loop Project is proposed to be constructed in conjunction with the Hannaford
Brothers development, with cost participation by the City. With only a 60' wide right-of-way,
and a 36' wide roadway (3 lanes), plus curb and gutter, utilities, and sidewalks, there is limited
remaining space available for landscaping (approximately 5' on each side of the roadway).
Consequently a plan is being developed which also involves areas outside the limits of the right-
of-way. Engineering Services, Inc., consultant for Hannaford Brothers, has prepared the master
landscape plan which has been submitted for review and approval to the Planning - Development
Services Center and includes the following features:
1.) A 15' wide private landscaping strip with appropriate trees, shrubs, and berms will be
constructed along Hilltop Loop with the initial development project and each out parcel as they
develop.
2.) The responsibility of maintenance within the limits of these 15' wide private landscaping
strips will be the individual property owner.
3.) The requirement of complying with the landscape/buffer master plan will be made a
requirement of the covenant and restrictions of the subdivision.
4.) Limited landscaping will be provided within the approximately 5' wide strips between the
sidewam and the curb and gutter within the 60' right-of-way.
James K. Spore
May 24, 1996
Page 2
SUBJECT: Hilltop Loop - Landscape Plan
Additionally, the master plan landscaping scheme, including these 15' wide private strips, will
be requirements of future development and/or redevelopment of the parcels adjacent to this
roadway. Should you have any questions or need additional information, please advise.
Very truly yours,
Ralph A. Smith, P.E.
Director
RAS/KLS/pew
cc: C. Oral Lambert, Jr.
John W. Herzke, P.E.
Robert Scott
John Fowler, P.E.
Charles Hassen
Mark A. Johnson, P.E.
Mark Ricketts
City of Virginia Beach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR WILLIAM D. SESSOMS, JR., At-Large
JOHN A. BAUM, Blackwater Borough
LINWOOD O. BRANCH, III, Virginia Beach Borough
ROBERT K. DEAN, Princess Anne Borough
W. W. HARRISON, JR., Lynnhaven Borough
HAROLD HEISCHOBER, At-Large
BARBARA M. HENLEY, Pungo Borough
LOUIS R. JONES, Bayside Borough
NANCY K. PARKER, At-Large
LOUISA M. STRAYHORN, Kempsville Borough
,@81 TIALI, BE)II@I)IN(i
JAMES K. SPORE, City Manager CITY COUNCIL AGENDA W('Nl(:IPAI. (:I,N] El?
LESLIE L. LILLEY, City Attorney VIR(;INIA BEA(:H, VIR(iiNiA l@151,
RUTH HODGES SMITH, CMC/AAE, City Clerk MAY 9, 1996
I. CITY MANAGER'S BRIEFINGS - Conference Room 11:00 AM
A. TOURISM MARKETING PROGRAM - 1996
James Ricketts, Director of Convention & Visitor Development
B. SPECIAL EVENTS PROGRAM - 1996
A. William Reid, President, Cellar Door Productions
II. AGENDA REVIEW SESSION
A. REVIEW OF AGENDA ITEMS
B. CITY COUNCIL CONCERNS
III. INFORMAL SESSION - Conference Room - 1:00 PM
A. CALL TO ORDER - Mayor Meyers E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
IV. FORMAL SESSION - Council Chamber - 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Don Wilson
Bayside Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. SPECIAL FORMAL SESSION April 18, 1996
2. INFORMAL AND FORMAL SESSIONS April 23, 1996
G. ADOPT AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
The Consent Agenda will be determined during the Agenda Review Session and
considered in the ordinary course of business by City Council to be enacted by one
motion.
I. PUBLIC HEARINGS
1. RESOURCE MANAGEMENT PLAN
A. FY 1996-1997 OPERATING BUDGET $ 897,885,738
B. FY 1996-1997 CAPITAL IMPROVEMENT PROGRAM
(1) Proposed FY 1996-1997 Capital $ 98,075,071
Budget
(2) Proposed Six-Year CIP $ 1,007,685,884
2. BUSINESS LICENSE FEES and TAX Amendments
(1996 General Assembly Actions re BPOL)
3. TRANSIENT LODGING TAX Amendment
(Maintain 5.5 percent effective 1 May 1997)
4. GENERAL OBLIGATION BONDS $ 50,900,000
(Schools, Roadways, Coastal, Economic,
Tourism, Buildings/other public facilities)
5. WATER and SEWER UTILITY REVENUE BONDS 6,960,000
(Improvements and expansions to City's
water-sewer system)
6. STORM WATER UTILITY REVENUE BONDS $ 3,684,940
(Improvements and expansions to City's
storm water utility system)
J. PUBLIC HEARING
1. REAL PROPERTY TAX RATE INCREASE 3.2 cents of
(Funding to meet increases in School $100 assessed
Operating Budget) value effective
1 July 1996
K. RESOLUTIONS
1. Resolutions to request the Virginia Department of
Transportation (VDOT) for Department Congestion Mitigation and
Air Quality Improvement Program (CMAQ) funds for qualified
projects:
a. Evaluation and retiming of traffic signals at
approximately one hundred six intersections, estimated
cost: $195,000.
b. Upgrade the Multisonics VMS 330 traffic signal system
management hardware from 1980's technology to current
technology, estimated cost: $72,000.
L. ORDINANCES
1. Ordinance to authorize the City Manager to execute an
agreement for regional internet connectivity among Eight Local
Jurisdictions of Hampton Roads (Chesapeake, Hampton, Newport
News, Norfolk, Portsmouth, Suffolk, Virginia Beach and James
City County).
2. Ordinance to authorize the City Manager to enter into an
agreement with Furberfax, Inc. to lease a facility at 1213
Southern Boulevard for the Virginia Marine Science Museum re
holding site for Museum specimens.
3. Ordinance to authorize the City Manager to execute an
agreement re conveyance of an easement across a portion of the
Lake Gaston Pipeline route to Virginia Electric and Power
Company (VEPCO).
4. Ordinance to APPROPRIATE $3,751,711 from Aetna Fire and
Casualty Company to Capital Project 1-199 "Princess Anne High
School Fire Restoration/Addition" re payment of costs for the
restoration of the schoolls physical structure damaged by
fire; and, estimated revenues be increased accordingly.
5. Ordinance to authorize a temporary encroachment into a portion
of the City's Drainage Easement known as Canal No. 2 to MARK
F. GARCEA and M & G ELECTRONICS re construction and
maintenance of a 5,310 square foot detention pond and drive
aisle for an adjacent parking lot (PRINCESS ANNE BOROUGH).
M. APPOINTMENTS
ARTS AND HUMANITIES COMMISSION
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
Q. RECONCILIATION WORKSHOP Conference Room -
Immediately Following Adjournment
ADOPTION OF BUDGET AND CAPITAL IMPROVEMENT PROGRAM
MAY 14,1996 - 2:00 PM
OS/OZI%/BAP
AGEMDA\05-09-96.ITM
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
May 9, 1996
Vice Mayor William D. Sessoms called to order the City Manager's Briefings to the VIRGINIA BEACH
CITY COUNCIL in the Council Conference Room, City Hall Building, on Thursday, May 9, 1996, at
11:00 A.M.
Council Members Present:
John A. Bawn, Linwood 0. Branci4 III, Robert Y- Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Nancy K Parker, Vice Mayor William D. Sessomv, Jr. and Louisa M.
Strayhorn
Council Members Absent:
Mayor Meyera E. Oberndorf [ENTERED: 12:07 P.M.
Radiation Treatment]
2
CITY MANAGER'S BRIEFINGS
TOURISM MARKETING PROGRAM - 1996
ITEM # 40702
11:00 AM.
James Ricketts, Director of Convention and Visitor Development, introduced Dr. Gilbert R. Yochum,
Director of Economics, Old Dominion University. Dr Yochum and Dr Vinod B. Agarwal prepared the
1995 Vsrginia Beach Tourism Economic Impact Study. Dr Yochum advised estimates indicate that two
million out-of-town visitors come to Virginia Beach in 1995. These visitors spent about half a billion
dollars in the City and created approximately 11,000 jobs in the City. Visitor expenditures generated
$35.7-MILLION in direct City revenue and cost the City $21.8-MILLION in visitor related
expenditures. The net direct dollar return generated by these visitors to the City was $13.9-MILLION
before consideration of any multiplier effects. On a cash flow basis the average rate of return from the
tourist industry to the City was 64 percent.
The increased advertising budget provides a window of opportunity. When discussing the new Virginia
Beach, combining the programs (Virginia Marine Science Museum, Economic Development, American
Music Festival), rather than individually is more impressive. The goal is to make the Virginia Marine
Science Museum one of the top ten science museums in the United States.
Palmer, Farley, Barker Campbell & Farley, advised a full page ad will appear in USA TODAY displaying
planes pulling banners which depict: Live Concert Tonight at new Virginia Beach Amphitheater; Sharks
and Otters at Expanded Virginia Marine Science Museum; New Imax 3D Tidewater Shows Into The
Deep"; Stroll Down our Beautiful Revitalized Boardwalk; Sign Up for Dolphin - Watching Boat Trips;
and Air Traffic Controllers needed. During the same time frame, (the month of July), a full page ad will
appear in the Wall Street Journal, discussing the City becoming the Nation's Number One Location Spot,
the New Virginia Beach.
Mr. Farley showed the television spot now being broadcast: 1996 Creative Virginia Beach. This video
also displays a 1-800 Number for information about the new Virginia Beach; therefore, it is response
driven in addition to creating awareness and image. Mr. Farley displayed signs which will appear
throughout the amphitheater to reinforce the Virginia Beach concept for all those attending events. The
Vacation Planner was distributed. The planner will include listing of accommodations, events,
entertainment at the amphitheater, vacation packages, dining and description of the Marine Science
Museum.
Pete Leddy, Associate - Barker, Campbell & Farley, discussed the Summer program. The primary target
in the Summer remains families traveling with children. Better Homes and Gardens predicts this will
increase 7%. There is intense competition this year. Disney will expend $160-MILLION in 1996. The
program involves larger ads, greater national exposure and a significant cooperative vacation package
program. A sand border surrounds the advertising images. Mr. Leddy, through the utilization of slides,
displayed various ads. Mr. Leddy also shared two videos: the family TV spot and a clip from the Virginia
Beach Infomercial. The program in the Spring/Fall shifts from families traveling with children to adults
traveling alone. Mr. Leddy displayed a four color magazine ad: "Evetything you always wanted in a
beach and less: Second Seasons at Virginia Beach". A newspaper equivalent of this message will also
appear. There are two new television spots promoting Spring and Fall travel. There was a 35% increase
in inquiries. Mr. Leddy displayed the Second Seasons Video. There are also a number of Niche Market
Programs ie, programs for the Holiday Lights, Whale Watching and Golf. There was a 33% increase
in Whale watching inquiries. The Marine Science Museum IMAX Theatre will be incorporated in next
year's program. Busch Gardens in Williamsburg contributes $100,000 to Virginia Beach's cooperative
advertising program. The Family Fun Program in 1996 is an $800,000 program, which is initiated,
developed and managed by Virginia Beach Financial contributing partners include Norfolk, Hampton,
Busch Gardens and the Marine Science Museum. Mr. Leddy displayed two infomercials which promote
the program for the United States and Canada. The Family Fun Package has resulted in 20,000 inquires
and more than 700 packages have been sold within three weeks. There will be footage on ESPN re the
Virginia Beach Shamrock Marathon with the race beamed to 80 countries. Burt Wolfe's "A Taste for
Travel' on PBS depicting Virginia Beach will be broadcast thirty times.
Mr. Ricketts advised approximately $100,000 will be expended for advertising the American Music
Festival.
May 9, 1996
- 3
CITY MANAGER'S BRIEFING
SPECIAL EVENTS PROGRAM - 1996
ITEM # 40703
A. William Reid, President, Cellar Door Productions, quoted from a Mr. Fox of
Greensboro, North Carolina re the Viva Elvis Festival and Clean Beaches in Virginia Beach: "Hello
Virginia Beach, Goodby Myrtle Beach". 1995 was a good year. Viva Elvis received over $1-MILLION
worth of publicity. Holiday Lights attracted over 45,000 cars. Over 130 bands played on 24th and 17th
Street during the course of the season. Twenty movies and twenty-five plays with 28 festivals for a total
of 298 days of entertainment including boardwalk entertainment: 388 events during the 365 days. This
calculates to 1.3-MILLION people being entertained.
Mr. Reid cited the Beach Events Entertainment for 1996:
May 4, 1996 CINCO DE MAYO
May 10-12 SECOND ANNUAL BEACH MUSIC WEEKEND
Bill Deal & Ammon Tharp with the
Original Rhondels
The Tams
Chairmen of the Board
The Spinners and The Embers
May 17-19 COUNTRY MUSIC WEEKEND
Lisa Brokop and Guests
Jeff Carson and Guests
May 24 STRAWBERRY JAM
The Joe Sinnett Trip Jazz Combo
May 25, 26 PUNGO STRAWBERRY FESTIVAL
May 28 - June 2 VIVA ELVIS II WEEK
Karoke Competition
Young Elvis
Jerry Presley, Cousin of Elvis
Black Elvis
Skydiving "KINGS"
10-Foot Tall Elvis
Juggling Elvis
Fire Eating Elvis
June 7-9 SAND SOCCER CHAMPIONSHIPS
July 4 FIREWORKS AT MOUNT TRASHMORE
July 4,5,6 BRITISH INVASION
July 4 - August 25 SUMMER THEATER
Pump Boys and Dinettes
Forever Plaid
August 29 - September 2 THIRD ANNUAL AMERICAN MUSICAL FESTIVAL
Chuck Berry
Willie Nelson and the Marshall Tucker Band
Huey Lewis & The News
The Temptations and the Four Tops
September 14 VIRGINIA CRAB FESTIVAL
October 11 - 13 COLUMBUS DAY SOCCER TOURNAMENT
October 4 - 5 BLUES AT THE BEACH
October 12 - 13 AFRICAN-AMERICAN CULTURAL FESTIVAL
October 19 - 20 MODERN JAZZ FESTIVAL
October 25 - 26 OCTOBERFEST
October 27 TASTE OF VIRGINIA BEACH
November 23 - 24 HAMPTON ROADS GIRLS SOCCER TOURNAMENT
November 22 - January 5 HOLIDAY LIGHTS AT THE BEACH
December 31 NEW YEAR'S EVE PARTY
Mr. Reid introduced the new character: dolphin, "RanDolph", the mascot who will be on the Boardwalk
as a part of the entertainment to meet and greet the children. Each year there sill be a new character
mascot. The Great American Fireworks has been canceled as it has proved a very expensive event. This
program was well in excess of $100,000 and did not generate hotel rooms.
- 4 -
AGENDA REVIEW SESSION
12:00 P.M.
ITEM # 40704
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
RESOLUTIONS
K.1 Resolutions to request the Virginia Department of
Transportation (VDOT) for Department Congestion Mitigation
and Air Quality Improvement Program (CMAQ) funds for
qualified projects:
a. Evaluation and retaining of traffic signals at approximately one
hundred six intersections, estimated cost: $195,000.
b. Upgrade the Multisonics VMS 330 traffic signal system
management hardware from 1980's technology to current
technology, estimated cost: $72,000.
ORDINANCES
L.1 Ordinance to authorize the City Manager to execute an
agreement for regional internet connectivity among Eight Local
Jurisdictions of Hampton Roads (Chesapeake, Hampton,
Newport News, Norfolk Portsmouth, Suffolk, Virginia Beach
and James City County).
L.2 Ordinance to authorize the City Manager to enter into an
agreement with Furberfax, Inc. to lease a facility at 1213
Southern Boulevard for the Virginia Marine Science Museum
re holding site for Museum specimens.
L.3 Ordinance to authorize the City Manager to execute an
agreement re conveyance of an easement across a portion of
the Lake Gaston Pipeline route to lirginia Electric and Power
Company (VEPCO).
L.4 Ordinance to APPROPRIATE $3,751,711 from Aetna Fire and
Casualty Company to Capital Project 1-199 "Princess Anne
High School Fire Restoration/Addition" re payment of costs
for the restoration of the school's physical structure damaged
by fire; and estimated revenues be increased accordingly.
L.5 Ordinance to authorize a temporary encroachment into a
portion of the City's Drainage Easement known as Canal No.
2 to MARK F. GARCEA and M & G ELECTRONICS re
construction and maintenance of a 5,310 square foot detention
pond and drive aisle for an adjacent parking lot (PRINCESS
ANNE BOROUCH).
May 9, 1996
- 5 -
CITY COUCIL CONCERNS
12:05 P.M.
ITEM # 40705
Council Lady Strayborn referenced the DENIAL of the Ordinance upon application of TARGET for a
Conditional Change of Zoning District Classification FROM R-5D to B-2 on April 9, 1996. Council
Lady Strayhorn will be requesting this application be RECONSIDERED by City Council in order to allow
WITHDRAWAL of the application. This will allow the property owners, WORD OF LIFE, to reapply
within a year with a different developer.
This item will be ADDED to the Agenda under UNFINISHED BUSINESS.
ITEM # 40706
Council Lady Strayhorn referenced the Golf Committee and whether any members were owners of existing
golf courses, as they wish to participate in the discussion. The City Manager advised they would be
included in discussions relative golf as a destination point for Virginia Beach; however, membership
would entail a conflict of interest.
ITEM # 40707
Mayor Oberndorf extended appreciation to Councilman Robert Dean for his guidance and dedication to
the Princess Anne Borough. Mayor Oberndorf extended congratulations to Council Member-Elect Reba
S. McClanan for her election as the Princess Anne Borough representative and to Council Members
Baum, Branch and Heischober for their reelections.
ITEM # 40708
Mayor Oberndorf referenced a direct quote supposedly from her to the Virginian-Pilot. She has never
spoke to the reporter Mike Mather. She respects the police officers and would never say anything
derogatory to them either as an individual or as a representative of the Union. Mayor Oberndorf will
make a statement for the record during the Formal Session.
May 9, 1996
6
ITEM # 40709
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, an Thursday, May 9, 1996, at 12:25 P.M
Council Members Present:
John A. Baum, Linwood 0 Brancl; III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf Nancy K Parker, Louisa M. Vtrayhorn and
Pice Mayor William D. Sessoms, Jr.
Council Members Absent:
None
May 9, 1996
7
ITEM # 40710
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 21-344, Code of rzrginia, as amended, for the following purpose:
PERSONNEL MAITERS, Discussion or consideratwn of or interviews
of prospective candidates for employment, assignment, appointment,
promotion, perforntance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
21-344(A)(1).
To Wit: Appointments - Boards and Commissions:
Arts and Humanities Commission
LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of legal
advice by counsel pursuant to Section 2.1-344(A)(7).
To- Wit: First Amendment Solicitations
PUBLICLY-HELD PROPERTY.- Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly -held property, or of plans for the future of an
institution which could affect the value ofproperty owned or desirable for
ownership by such institution pursuant to @ection 2.1-344(A)(3).
To-Wit.- 8th Street Closure
9th Street Parking Garage
Hilltop Loop
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. &um, Linwood a Brancl; III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Ifenley, Louis R. Jones,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor grilliam D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 9, 1996
- 8 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
May 9, 1996
2:00 P.M.
Mayor Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL
in the Council Chamber, City Hall Building, on Thursday, May 9, 1996, at 2:00 P.M.
Council Members Present.-
John A. Baum, Linwood 0. Branci4 III, Robert Y- Dea?4 William W
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Se,ssoms, Jr. and Louisa M. Strayhorn
Council Members Absent:
None
LVVOC4TION Reverend Don Wilson
Bayside Baptist Church
PLEDGE OF ALLEGL4NCE TO THE FL4G OF THE UNITED STATES OF AMERICA
Vice Mayor Sessonw, being a Corporate Officer of Central Fidelity Bank, disclosed there were no matters
on the agenda in which he has a 'personal interest' as defined in the Act, either individually or in his
capacity as an officer of Central Fidelity Bank 7he Vice Mayor regularly makes this Disclosure as he may
or may t" know of the Bank's interest in any application that may come before City Council. Vice Mayor
Sessoms' letter of January 10, 1995, is hereby made a part of the record.
May 9, 1996
9
Item IV-E.
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 40711
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfidly exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc/4 III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Mayor Meyera E. Oberndorf Nancy K Parker, Fice Mayor William D.
Sessoiw, Jr. and Louisa M. Strayhorn
Council Meinbers Voting Nay:
None
Council Members Absent
None
May 9, 1996
Resolution
CERTFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 40710 Page No. 7 and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOWV THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
CMC/AAE
City Clerk May 9, 1996
- 10 -
Item IV-F.1/2.
MINUTES ITEM # 40712
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED
the Minutes of the SPECIAL FORMAL SESSION of April 18, 1996, and the INFORMAL AND
FORMAL SESSIONS of April 23, 1996.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl4 III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Ilenley, Louis R Jones,
Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
None
May 9, 1996
- 11 -
Item IV- G.
ADOPT AGFNDA
FOR FORMAL SESSION ITEM # 40713
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
May 9, 1996
- 12 -
Item IV-G.1.
MAYOR'S STATEMENT
ITEM # 40714
Mayor Oberndorf issued the following statement for the record concerning the incorrect news article of
Mike Mather, appearing in The Virginian-Pilot on May 9, 1996.
"This morning, when I read the newspaper article by Mr. Mather, I was
shocked to find a quote that was attributed to me as being part of the
article. I do not and have not talked to Mr. Mather. He never called my
office or my home and to my knowledge, I have never made a remark like
that. The reason I am beginning the session with this explanation is
because I understand when people become very passionate about an issue
they can say things that inadvertently destroy or hurt somebody else. That
is not what we are about in this City. I understand that you all are going
to make your cases, but I wanted to reassure you, I have for the
individual police officers in this City nothing but the greatest respect and
admiration; and I am also very cognizant of the power the Police have
and how they can affect your life at any moment. Therefore, I must tell
you I have nothing but respect for the individual police officer and fire
fighter and I have not made the remark that Mr. Mather put in quotes
and attributed to me. I thank you very, very much for listening.
May 9, 1996
- 14 -
Item IV-I.
PUBLIC HEARING ITEM # 40715 (Continued)
Robert Mathieson, 500 Boswell Court, Phone; 554-1500
Ollie Brown, 1313 Burlington Road, Phone: 495-0617
Laura Ramsey, 736 Lord Dunn"e Drive, Phone: 474-0422
Terry Tassone, 2449 Broomsedge Lane, Phone: 468-2961
Rob Valentine, 2308 Tartingers Quay, Phone: 427-0490
Dean Dasilva, 106 r Drive, Phone: 539-4349
April Elmore, 5009 Westgrove Road, Phone: 497-0837
Bill Manson, 2364 CmH Creek, Phone: 427-1023
Vickie Henley, Virginia Beach Education Association, 445 Kings (;rant Road, Phone: 486-0202
Wes Benica, 951 S. Birdneck Road, Phone: 428-5351
William Humphrey, 2493 E-splanade Drive, Phone: 427-9526
Merrilu Ablowich, 41 76 Charity Neck Road, Phone: 721 - 3052
Sean Coerse, 319 Elizabeth &reet, Phone: 428-9133
Randy Zeltman; 333 Edwin Drive, Phone: 427-2301, rirgittia Beach Police Supervisor Organization
(waived time to Charles Condon)
Randy White, 333 Edwin Drive, Phone: 427-2301, Virginia Beach Police Supervisor Organization
Pat Gough; 333 Edwin Drive, Phone: 427-2301, Virginia Reach Ilotice 5upervisor Organization
(waived time to Charles Condon)
Frank LaPorta, 333 Edwin Drive, Phone: 427-2301, Virginia Beach flolice @upervisor Organization
(waived time to Charles Condon)
Charles Condon; 333 Edwin Drive, Phone: 427-2301, rzrginia Beach Police Supervisor Organization
Otis Dowdy, 1033 77voli Crescent #201, Phone: 468-1227
Peter W. Pierce, 1642 Duke of lffndsor Road, Phone: 481-0537
Elizabeth Henderson 602 Cedar Springs Court, Phone: 490-3595
Jason C. Manning, 1437 Sangaree Circle, Phone: 467-3728
Maxine Graham, 3057 South Sandpiper Road, Phone: 721-300t)
Donald Stiles, 2812 Blue Bill Drive, Phone: 721-3171
Art Ratte, 2500 Pine Needles Circle, Phone: 468-4844
Jane DeGonzaque, Single Sailor Recreation Specialist, FCTCL, Dam Neck, 904 Carothers Arch, Phone:
(804) 523-9494
Jerry Foley, 3818 Granby Street, Norfolk Phone: 627-6659
Tony Rowe, 782 West 49th Street, Apartment B, Norfolk, Phone: 440-0227
Mary Moriarty, Lillian Vernon Corporation, 2600 International Parkway, Phone: 42 7- 7805
Derek Perkins, 4704 *7ndermere Court, Apartment 202, Phone: 499-5665
John A. Moore, Phone: 463-0776, represented the Vz'rignia Beach Council of Civic Organizations.
Frank Dabonis, 1247 Culver Lane, Phone: 427-6826
Cyndy Bourguard, 3113 lynn Acres Road, Phone: 463-8398
Pat Katsias, 720 Cooper Road, Phone: 490-358,5
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
May 9, 1996
- 15 -
Item IV-J.1.
PUBLIC HEARING ITEM # 40716
Mayor Oberndorf DECLARED A PUBLIC HEARING:
REAL PROPERTY TAX RATE INCREASE
(Funding to meet increases in School Operating Budget)
(3.2 cents of $100 assessed value effective 1 July 1996)
The following registered to speak:
Ted Howard, 1892 Grinneel Court, Phone: 428-3773
Cary Kargeorge, Holiday Sands Budget Lodge, Oceanfront & Ilth @reet, Phone: 428-3773
Paul Pierce, 3020 Edinburg Drive, Phone; 498-4473
Gary Hudspeth; 4509 Clemsford Drive, Phone: 495-9321
Mike Arsuaga, 520 Surfside Avenue, Phone: 425- 7084
Jane Brooks, 721 Hilltop Road, Phone: 425-1597
Richard Dietz, 1135 Five Point Road, Phone: 481-6718
David Silverman; 4002 Thomas Jefferson Drive, Phone: 486-6853
Mike Katsias, 720 Cooper Road, Phone: 490-3585
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
May 9, 1996
- 16 -
Item IV-K/L.
CONSENT AGENDA ITEM # 40717
RESOLUTION/ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED in
one motion Resolutions 1 a.b. and Ordinances 1, 2, 3, 4 and 5 of the CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, Robert K Dean, William W
Harrison, Jr, Harold Heischober, Barbara M. Henley, Louis R Jones,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
Councilman Harrison ABSTAINED on Item L.5. (Mark F Carcea and M & G Electronics) as his law
firm represents the applicant.
May 9, 1996
- 17 -
Item IV-K.1.
RESOLUTIONS ITEM # 40718
Upon motion by Vice Mayor Sessoms, seconded by Council lady Parker, City Council ADOPTED:
Resolutions to request the Virginia Department of Transportation
(VDOT) for Department Congestion Mitigation and Air Quality
Improvement Program (CMAQ) funds for qualified projects:
a. Evaluation and retiming of traffic signals at approximately one
hundred six intersections, estimated cost: $195,000.
b. Upgrade the Multisonics VMS 330 traffic signal system
management hardware from 1980's technology to current
technology, estimated cost: $72,000.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Bawn, Linwood 0. Branch, 111, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessona, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 9, 1996
PROJECT PROGRAMMING RESOLUTION
WHEREAS, in accordance with Virginia Department of
Transportation construction allocation procedures, it is necessary
that a request by Council resolution be made in order that the
Department program congestion Mitigation and Air Quality
Improvement Program (CMAQ) funds for qualified projects within the
City of Virginia Beach; now
THEREFORE, BE IT RESOLVED, that the Council of the City of
Virginia Beach, Virginia, requests the Virginia Department of
Transportation program funding and provide project administration
for the evaluation and retiming of approximately one hundred six
(106) traffic signals.
ADOPTED THIS Ninth DAY OF May 1996,
CITY OF VIRGINIA BEACH, VIRGINIA.
ATTEST
BY
Clerk of Council Mayor/City Manager
CITY A)7(jRNEY
i
PROJECT PROGRAMMING RESOLUTION
WHEREAS, in accordance with Virginia Department of
Transportation construction allocation procedures, it is necessary
that a request by Council resolution be made in order that the
Department program Congestion mitigation and Air Quality
Improvement Program (CMAQ) funds for qualified projects within the
City of Virginia Beach; and
WHEREAS, the City's computerized traffic system is controlled
by a Multisonics VMS-model 330, which was purchased in the early
1980s; and
WHEREAS, the existing VMS computerized traffic signal system
is in need of an upgrade to meet current technological advances in
computer systems; now
THEREFORE, BE IT RESOLVED, that the Council of the City of
Virginia Beach, Virginia, requests the Virginia Department of
Transportation program funding and provide project administration
for the upgrade of the VMS computer system.
ADOPTED THIS Ninth DAY OF May, 1996,
CITY OF VIRGINIA BEACH, VIRGINIA.
ATTEST
BY
Mayor/
18 -
ORDINANCES ITEM # 40719
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to authorize the City Manager to execute an agreement for
regional internet connectivity among Eight local Jurisdictions of
Hampton Roads (Chesapeake, Hampton, Newport News, Norfolk,
Portsmouth, Suffolk, Virginia Beach and James City County).
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branct% III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Meinbers Absent:
None
May 9, 1996
I AN ORDINANCE APPROVING AND AUTHORIZING THE
2 CITY MANAGER TO EXECUTE AN AGREEMENT FOR
3 REGIONAL INTERNET CONNECTIVITY AMONG EIGHT
4 LOCAL JURISDICTIONS OF HAMPTON ROADS
5 WHEREAS, Pursuant to that certain proposed Agreement for
6 Regional Internet Connectivity Among Eight Local Jurisdictions of
7 Hampton Roads dated February 28, 1996 (the "Agreement), involving
8 the Cities of Chesapeake, Hampton, Newport News, Norfolk,
9 Portsmouth, Suffolk and Virginia Beach and James City County
10 (hereinafter referred to collectively as the "Jurisdictions") , the
11 Jurisdictions have proposed a vehicle for cooperative procurement
12 and shared resources to achieve and maintain access to the
13 Internet; and
14 WHEREAS, cooperative procurement and shared resources for
15 Internet connectivity will be economically beneficial and mutually
16 advantageous to all of the Jurisdictions; and
17 WHEREAS, the City of Virginia Beach Department of
18 Information Technology recommends that City Council approve the
19 Agreement.
20 MOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
21 OF VIRGINIA BEACH, VIRGINIA:
22 1. That the Agreement is hereby approved in
23 substantially the form attached hereto.
24 2. That the City Manager, or his designee, is
25 authorized to execute the Agreement dated February 28, 1996,
26 between the Jurisdictions on behalf of the City in substantially
27 the form attached hereto and to execute such other documents and
28 take such other action as may be necessary to accomplish Internet
29 connectivity in accordance with the provisions of the Agreement.
30 3. That this ordinance is in effect from the date of
31 its adoption.
32 Adopted by the Council of the City of Virginia Beach,
33 Virginia, on the 9 day of May 1996.
34 CA-6273
35 ORDIN\NONCODE\CA6273.RES
36 R-1
37 PREPARED: April 2, 1996
38 APP TENT:
39
40 Information Tachnolocjy
41 APPROVED AS TO LEGAL SUFFICIENCY:
42
43 C@Y Attorney's office
2
- 19 -
Ite,m IV-L.2
ORDINANCES ITEM # 40720
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to authorize the City Manager to enter into an agreement with
Furberfax, Inc. to lease a facility at 1213 Southern Boulevard for the
Virginia Marine Science Museum re holding site for Museum
specimens.
Voting: 11 -0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc& III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf Nancy K Parker, rice Mayor William D.
Sessoiw, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 9, 1996
I AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
2 ENTER INTO A LEASE AGREEMENT FOR THE LEASE OF
3 A FACILITY TO HOUSE HOLDING TANKS FOR THE
4 VIRGINIA MARINE SCIENCE MUSEUM
5 WHEREAS, as part of its expanded activities, the Virginia
6 Marine Science Museum needs an off-site holding facility to house
7 holding tanks which will be used to quarantine and acclimate marine
8 animals before they are introduced into their permanent exhibit
9 habitats;
10 WHEREAS, holding systems are a prerequisite for any large
11 aquarium, and most such institutions tend to locate them away from
12 main exhibit facilities because it is generally neither cost-
13 effective nor sightly to house this type of semi-industrial
14 activity on the grounds of a main facility, and because of
15 isolation requirements of the quarantine procedures;
16 WHEREAS, the Museum is currently using a facility
17 situated on an industrially-zoned site within three miles of the
18 Museum which was leased on an emergency basis in order to be able
19 to stock specimens for the VMSM Expansion;
20 WHEREAS, during its short-term occupancy of the facility,
21 the Museum, as well as the Lessee, have made upgrades to the
22 facility to accommodate the Museum's peculiar needs; and
23 WHEREAS, Museum staff have recommended that the City
24 enter into a long-term lease of the facility, subject to annual
25 appropriations, in order to enable the Museum to meet its
26 continuing and escalating needs for the collection, acclimation,
27 and quarantine of specimens.
28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
29 OF VIRGINIA BEACH, VIRGINIA:
30 1. That the City Manager is hereby authorized to enter
31 into an agreement with Furberfax, Inc. for the lease of a facility
32 located at 1213 Southern Boulevard for use by the Virginia Marine
33 Science Museum as a holding site for Museum specimens.
3 4 2 That the Lease Agreement shall be in substantial
35 conformance with the Lease Agreement which is attached hereto as
36 "Exhibit All and is hereby incorporated by reference.
37 Adopted by the Council of the City of Virginia Beach,
38 Virginia, on the 9 day of May, 1996.
39 CA-6160
40 ORDIN\NONCODE\VMSM.ORD
41 R-1
42 PREPARED: 04/30/96
A,PPROVED AS TO CO@
Lo
of M@@
APPROVED AS TO LEGAL
CEENCY@
of LAW
2
LEASE
THIS LEASE, made this ist day of June 1996, by and between
FURBERFAX, INC., a Virginia corporation, "Lessor", party of the
first part, and, CITY OF VIRGINIA BEACH - A MUNICIPALITY, "Lessee",
party of the second part.
W I T N E S S E T H
The parties to this Lease, intending to be legally bound, in
consideration of the rents, covenants and agreements set forth,
reserved and contained in this Lease, to be observed and performed
by the parties, hereby agree as follows:
1. Leased Premises. Lessor demises and leases to Lessee and
Lessee takes and leases from Lessor, all, that certain parcel of
land located in Virginia Beach, Virginia with the improvements
thereon, 1213 Southern Boulevard, Virginia Beach, Virginia as shown
as Parcel "A" on Exhibit "A" hereof attached).
2. Term. The initial term of this Lease shall commence on
the date hereof and shall terminate on May 30, 2006.
Any holding oier by Lessee after the expiration of any term
not extended, as herein provided, shall constitute a tenancy from
month to month. Rent for any month of said holding over shall be
at a rate equal to 125% of the monthly rent payable for the last
month of the term. References to the term of this Lease shall be
deemed to be a reference as well to each additional term for which
this Lease may be extended.
3. Automatic Extension. Provided all installments of rent
due have been paid and all other terms and conditions of this Lease
have been fully, completely and strictly complied with, the initial
term of this Lease shall automatically extend for four consecutive
terms of five years each, unless Lessee shall deliver written
notice to Lessor not less than one hundred eighty (180) days prior
to the expiration of any then current term of its intention to
terminate this Lease at the expiration of said then current term.
4. Rent. The rent commencement date shall be June 1, 1996.
Annual rent beginning with the rent commencement date and from
and thereafter through May 31, 1997, shall be $51,000.00. Rent
for each one (1) year period thereafter for the original term and
any extensions thereof shall be the annual rent for the preceding
year increased by 5%.
Rent shall be due and payable in equal monthly installments in
advance on the first day of each month.
The rent payable hereunder shall be net to Lessor. This Lease
shall yield to Lessor the net rent specified herein, and all costs,
expenses, taxes (excluding Lessor's income taxes), charges,
assessments and obligations of every kind and nature whatsoever
relating to the Premises shall be paid by Lessee, except as
expressly set forth otherwise herein.
The rent and any other sums payable by Lessee to Lessor shall
be paid at such address as Lessor may direct.
5. Use. The Premises shall be used as an auxiliary support
facility for the Marine Science Museum located on General Booth
Boulevard, and for no other purpose without the advance written
consent of the Lessor, which shall not be unreasonably withheld.
2
The Premises shall not be used in such a manner as to constitute a
public or private nuisance.
6. Taxes and Utility Expenses. Lessee shall, for and during
the term of this Lease, pay and discharge, as and when the same
shall be due and payable, all taxes, special and general
3 IMIYIAL
assessments, and other authority, agency and governmental unit
fees, impositions and charges of every kind and nature,
extraordinary as well as ordinary, and every installment thereof
which shall or may during the term of this Lease be charged,
levied, laid, assessed, imposed, liened upon or for or with respect
to the Premises or any part thereof, or any development,
improvement, building, appurtenance or equipment leased, used or
owned by Lessee on or about the Premises, together with all
interest and penalties thereon, under or by virtue of all present
or future laws, ordinances, requirements, orders, directives, rules
or regulations of any authority, agency or other governmental unit,
and all charges for sewer, water, stormwater runoff, gas,
electricity and the like, and other utility service or services
furnished to the Premises or the users thereof during the term of
this Lease.
All such charges, as set forth in the foregoing paragraph,
which shall become due and payable for, during and after calendar
year 1995 shall be paid by Lessee on a pro rata basis consistent
with the commencement and ending dates of this Lease.
Lessee, at Lessee's sole cost and expense, shall have the
right to contest all governmental Charges and assessments promptly,
diligently and in good faith, free of any cost and expense to
Lessor, and if necessary, Lessee may name Lessor as a party
thereto. Lessor shall execute all documents necessary to
accomplish the foregoing and shall cooperate with Lessee in any
such contest (at no cost or expense to Lessor).
4 INITIAL
7. Maintenance. Lessee shall, at all times during the term
of this Lease, at its own cost and expense, keep and maintain or
cause to be kept and maintained in good repair, all buildings,
equipment, improvements and grounds on the leased premises, and
shall prevent waste, damage, nuisance or injury thereto.
All furniture, fixtures, tools and other items of personal
property shall be removed by the Lessee from the Premises prior to
the expiration of this Lease and Lessee shall upon termination of
this Lease, surrender to Lessor peaceable and exclusive possession
of the Premises, together with any buildings, improvements and
appurtenances, in good order, repair and condition, reasonable wear
and tear excepted.
Any personal property required to be removed, but not removed,
by Lessee prior to the expiration of the final term hereof, shall
be removed by Lessor at Lessee's sole cost and expense. The period
of time reasonably necessary for Lessor to remove same shall be
considered holdover tenancy of Lessee.
8. Requirements of Public Authority. From the commencement
date and throughout the term of this Lease, Lessee shall, at its
own cost and expense, promptly observe and comply with all present
and future laws, ordinances, requirements, orders, directives,
rules and regulations (including, without limitation, all
environmental laws) of all authorities, agencies and governmental
units having jurisdiction over Lessee or the Premises or any part
thereof, whether the same are in force on thehe commencement date of
this Lease or may in the future be passed enacted or directed.
5 INITIAL
Lessee shall have the right to contest promptly, diligently
and in good faith, in the name of the Lessee, or Lessor, or both,
without cost or expense to Lessor, the validity or application of
any law, ordinance, rule, regulation or requirement referred to
above, and if by the terms of any such law, ordinance, order, rule,
regulation, or requirement, compliance therewith may be legally
delayed pending the outcome of any such proceeding, Lessee may
delay compliance therewith until final judgement has been rendered.
Lessee shall not permit any such delay to in any way cause damage,
injury, cost or expense to Lessor or to the Premises.
9. Covenant Against Liens. If, because of any act or
omission of Lessee, or others claiming by or through Lessee, any
mechanic's lien or any other lien, charge or order for the payment
of money shall be filed against Lessor or any portion of the
Premises, Lessee shall, at its own cost and expense, cause the same
to be paid, discharged of record or bonded off within thirty (30)
days after written notice from Lessor or Lessee of the filing
thereof.
10. Access to Premises. Lessor or Lessor's agents and
designees shall have the right, but not the obligation, to enter
upon the premises upon reasonable prior or written notice to
examine same and to exhibit the Premises to prospective purchasers
and prospective lessees, but in the case of showing the Premises to
prospective lessees, such examination and exhibition shall be made
only during the last one hundred twenty (120) days of the final
term of this Lease. Lessor shall be permitted to affix "to let" or
6 @@ZITIAL
"for sale" signs on the Premises during the last one hundred twenty
(120) days of the final term of this Lease at such place as shall
not interfere with the business then being conducted at the
Premises.
11. Assignment and Subletting. Lessee may assign this Lease
only with the prior written consent of Lessor, which shall not be
unreasonably withheld. Lessee may sublease all or any part of the
Premises, only with the prior written consent of Lessor, which
shall not be unreasonably withheld. In no event shall any
assignment or subletting relieve Lessee of any Lease obligation.
12. Signs. Lessee shall have the right to install, maintain
and replace on or over the premises such signs and advertising
matter as Lessee may desire, which pertains to the business being
conducted on the Premises, and as may be reasonably required by the
use to which the Premises may be put, provided, however, that
Lessee shall comply with all applicable requirements of
authorities, agencies or governmental units and shall obtain any
necessary permits for such purposes, and shall have obtained
Lessor's advance written consent, which shall not be unreasonably
withheld.
13. Indemnification. To the extent permitted by law, City
agrees to protect and to hold Lessor harmless from all damage or
injury to person or property which may result from City's use or
occupancy of the leased premises, and to protect and indemnify
Lessor and its officers and employees from any and all claims,
demands, suits, actions, judgments and recoveries for or on account
7 INITIAL
of damage or injury, including death, to property or person
occurring on the leased premises.
14. Environmental Matters. City shall, at its own expense,
comply with all environmental laws related to the operation, or
transfer of its operation at the premises. In no event shall the
City be responsible for any cleanup at the premises unless
resulting directly from the City's use and occupancy of the
premises. To the extent permitted by law, City shall indemnify,
defend and hold harmless the Lessor from and against all claims,
liabilities, losses, damages and costs, foreseen and unforeseen,
including without limitation, engineering and professional expert
fees, which the Lessor may incur as a result of City's action or
nonaction with regard to Ciyy's obligations under this provision.
Upon the expiration of the final term of this Lease, Lessee
shall, at its sole cost and expense, obtain and deliver to Lessor,
an audit by a reputable environmental consultant satisfactory to
Lessor, indicating that the City has complied with environmental
regulations during its tenancy. Should the audit indicate that the
City has failed to comply with environmental laws, the City shall
immediately take responsibility for any cleanup of the premises
resulting directly from the City's use and occupancy of the
premises.
If compliance becomes necessary at the premises due to any
action or nonaction on the part of the Lessor, Lessor shall
indemnify, defend and hold harmless the City from and against all
claims, liabilities, losses, damages and costs, foreseen and
INITIAL
unforeseen, including without limitation, engineering and
professional expert fees, which the City may incur as a result of
Lessor's action or nonaction.
This provision shall survive the expiration or earlier
termination of the Lease.
15. Destruction. In the event that -the buildings and/or
improvements and/or appurtenances on the Premises are damaged by
fire or other casualty, Lessee shall, as soon as practical,
promptly and diligently, repair, replace and/or restore the same to
the condition existing immediately prior to such fire or casualty,
and there shall be no abatement of rent.
16. Eminent Domain. If a substantial part of the demised
premises is taken by eminent domain, and if the part so taken
renders the demised premises insufficient for Lessee's intended use
thereof, Lessee may terminate this Lease by written notice to
Lessor given within thirty (30) days after Lessor's notice to
Lessee that such proceeding has been initiated by the condemning
authority. Such notice to Lessee shall be given within ten (10)
days after Lessor's notification by the condemning authority. In
the event that notice to Lessor of Lessee's election to terminate
is not forthcoming as hereprovided, this lease shall not terminate
and rent shall remain the same as prior to the taking.
Lessee shall not seek or be entitled to any award from Lessor
or the condemning authority.
17. Quiet Enjoyment. Lessor covenants and agrees that it is
seized of the Premises in fee and has the right to execute this
9
INITIAL
Lease. Lessee, upon timely paying the rent and all other sums and
charges to be paid by it as herein provided, and upon timely and
fully complying with all terms of this Lease, shall quietly have
and enjoy the Premises during the terms of this Lease, subject to
the terms hereof, without hindrance and molestation by Lessor or
any person claiming lawfully under Lessor.
18. Default(s). In the event of any failure of Lessee to
timely and fully comply with any term of this Lease, except payment
of rent or any other sums payable hereunder when due, then Lessee
shall be in default. If such default should continue for more than
thirty (30) days after written notice therereof shall have been
mailed or delivered to Lessee, then Lessor, without excluding other
rights or remedies that it may have, may elect to terminate this
lease and take possession of the premises and recover damages,
including, but not limited to, the cost of Recovering the premises.
In the event that rent or other sums payable hereunder is/are
not paid when due, and such is not remedied within ten (10) days
thereof, Lessor may, without excluding other rights or remedies it
may have, (1) terminate this lease and take possession of the
Premises and recover damages, including, cut not limited to, the
cost of recovering the Premises, (2) elect to accelerate the
payment of all rents remaining to be paid for the balance of the
term of this lease.
19. Waivers. No waiver by Lessor or Lessee at any time,
express or implied, of any breach of any term of this Lease shall
be deemed a waiver of a breach of any other term of this Lease or
10
INITIAL
a consent to any subsequent breach of the same or any other term.
No acceptance by Lessor of any partial payment shall constitute an
accord or satisfaction but shall only be deemed a part payment on
account. Lessor may accept rent, or other sums payable or other
benefits pursuant to this Lease, and acceptance of same shall not
be deemed to be a waiver of any prior default.
20. Force Majeure. in the event that Lessor or Lessee shall
be delayed, hindered in or prevented from the performance of any
act required hereunder by reason of strike, lockout, labor trouble,
inability to procure materials, failure of power, restrictive
governmental laws or regulations, riots, insurrection, act, failure
to act or default of the other party, war or other reason beyond
their control, performance of such act shall be excused for the
period of the delay and the period for the performance of any such
act shall be extended for a period equivalent to the period of such
delay; provided, however, that no force majeure shall excuse or
delay payment of rent or other sums of money due hereunder.
21. Notices. Every notice, approval, consent, or other
communication required by this Lease shall be in writing and
delivered in person (with written receipt), sent postage prepaid by
United States Registered or Certified Mail, Return Receipt
Requested (effective three (3) days after being placed in the
United States mail), or by facsimile (effective on the date of
sender's confirmation), directed to the other party at the address
shown below, or at such other address as either party may designate
by notice given from time to time:
INITIAL
To Lessor: FURBERFAX, INC.
2859 Virginia Beach Blvd.
Suite 106
Virginia Beach, Virginia 23452
To Lessee: CITY OF VIRGINIA BEACH
Office of Real Estate
Operations Building, Room 170
Municipal Center
Virginia Beach, Virginia 23456
22. Governing Law/Venue/Jurisdiction. This Lease shall be
governed by the laws of the Commonwealth of Virginia. It has been
entered into in Virginia Beach, Virginia and the parties designate
the Circuit Court of the City of Virginia Beach, Virginia for
purposes of all litigation and venue.
23. Severabiliyy. Any term of this Lease which is prohibited
by, or is unlawful or unenforceable under Virginia law shall be
ineffective only to the extent of such prohibition, without
invalidating the remaining terms of this Lease.
24. Short Form Lease. The parties shall promptly execute
multiple originals of this Lease, and a document in recordable form
which shall constitute a short form of this Lease, setting forth a
description of the Premises, with the terms of this Lease,
excepting rent, as either party may request. Either party may
record said short form Lease at its sole cost and expense.
2S. Interpretation. This Lease may be executed in several
counterparts, each of which shall be an original, all of which
shall constitute one and the same instrument. The term "Lessor"
whenever used herein shall mean the owner of the Premises from time
to time. Upon any sale or assignment of the owner's interest, the
12
INITIAL
assignee(s) shall, during the term of his/her/its ownership, be
deemed to be the Lessor, as the case may be, and the original
Lessor named herein or any successor shall have no further
liability hereunder, except with respect to any liability which
shall have accrued and be outstanding as of the time of the
assignment and to the hold harmless and iridemniry provisions hereof
which shall remain binding upon the Lessor and each successor
assignor in accordance with the respect ive terms thereof with
respect to all matters covered by any he'd harmless and indemnity
which may have occurred or arisen prior to and during their
respective periods of ownership of the Premises.
26. Entire Agreement. This Lease is a fully integrated final
document. No oral statement or prior writing shall add to, vary or
modify the terms of this Lease. Lessee is not relying on any
representation or agreement other than those contained in this
Lease. This Lease shall not be modified or canceled except by a
writing executed by Lessor and Lessee.
27. Parties. Except as herein otherwise expressly provided,
the terms contained in this Lease shall bind and inure to the
benefit of Lessor and Lessee and their respective heirs,
successors, administrators, and assigns.
28. Survival of Hold Harmless and Indemnities. The
environmental and hold harmless and indemnity provisions contained
herein shall survive and remain in effect notwithstanding any
termination, cancellation or expiration of this Lease or Lessee's
tenancy.
13
INITIAL
29. Estoppel Certificates. Lessee or Lessor agree each with
the other to execute and deliver to the other from time to time
such estoppel certificates as the other may request certifying to
the status of this Lease, including without limitation the status
of payments of rents, the existence of any default and any other
term of this Lease.
30. Late Charge and Interest. A late charge of 5% of the
amount of any payment shall be imposed on rent or any other payment
due hereunder if not paid within thirty (30) days of the due date.
In addition, any such late rent or other payment shall bear
interest at two percent (2%) over Signet Bank's prime interest
rate.
31. Subordination. Lessee agrees that this Lease may be
subject to any present and future mortgages, deeds of trust and
security agreements entered into by Lessor, which affect or may
affect the Premises, provided that the mortgagee or other
beneficiary of any such mortgage, deed of trust or security
agreement shall enter into a non-disturbance agreement with the
Lessee to the effect that, so long as lessee shall not be in
default under the terms of this Lease, Lessee's enjoyment, use and
occupancy of the Premises shall not be disturbed.
32. Preparation of Lease. This Lease was prepared by both
parties and it shall not, in the case of any ambiguity, be
interpreted against or in favor of either party.
33. Time of Essence. Time is of the essence with respect to
all terms of this Lease.
14 INITIAL
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34. prior Leases. This Lease, prepared on
supersedes all other executed drafts of this Lease.
35. Non-appropriation. Lessee represents that it intends to
maintain this lease agreement in effect for the full period set
forth herein and to continue to use its best efforts to appropriate
sufficient funds to make all payments hereunder, subject to the
remaining provisions of this section. It is understood and agreed
between the parties herein that Lessee shal he bound and obligated
hereunder only to the extent that the funds shall have been
appropriated and budgeted for the payments under this Lease. In
the event that no funds are appropriated and budgeted in any fiscal
period for payments due under this Lease, Lessee shall immediately
notify the Lessor of such occurrence and this Lease shall terminate
on the last day of the fiscal year for which appropriation is
received.
WITNESS the following signatures and seals:
FURBERFA-X, INC
AP S TO CO@4TE,47 By: (seal)
IT BEACH - A MUNICIPALITY
DEP@kPT@,@ENT
B y: (seal)
@PROVED AS TO CCNTENT
CITY OF VIRGINIA BEACH - A MUNICIPALITY
By: (seal)
CEFMqtD AS TO AIIAILAE3,i-rrY OF FUNDS
15
31
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, Davey L. Callon, a Notary Public of
and for the City and State aforesaid, do certify that
T. Wayne McLeskey, Jr.,
whose name as such is signed to the foregoing writing, bearing
date the 1st day of September, 1995, has
acknowledged the same before me in my State aforesaid.
Given under my hand this 20th day of November,
1995.
my Commission Expire
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public of
and for the City and State aforesaid, do certify that
I whose name as uch is signed to the foregoing writing, bearing
date the day of 1 19_, has
acknowledged the same before me in my State a oresaid.
Given under my hand this _ day of
19
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
I, a Notary Public of
and for the City and State aforesaid, do certify that
I whose name as such is signed to the foregoing writing, bearing
date the __ day of 1 19_, has
acknowledged the same before me in my State aforesaid.
16
Given under my hand this _ day of 1
19
I Notary Public.@
My Commission Expires:_ - ----
17
- 20 -
Item IV-L.3.
ORDINANCES ITEM # 40721
Upon motion by Vice Mayor Sessoms, seconded by Council lady Parker, City Council ADOPTED:
Ordinance to authorize the City Manager to execute an agreement re
conveyance of an easement across a portion of the Lake Gaston Pipeline
route to Virginia Electric and Power Company (VEPCO).
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 9, 1996
I AN ORDINANCE AUTHORIZING AND DIRECTING THE CONVEYANCE OF
2 AN EASEMENT ACROSS A PORTION OF THE LAKE GASTON PIPELINE
3 ROUTE TO VIRGINIA ELECTRIC AND POWER COMPANY
4
5
6 WHEREAS, Virginia Electric and Power Company has requested
7 that the City of Virginia Beach convey it an easement thirty feet
8 in width across a portion of the Lake Gaston Pipeline route located
9 in Greensville County for the purpose of providing electrical
10 service to a small building occupied by the Jarratt Hunt Club; and
11 WHEREAS, VEPCO and the City have agreed, subject to the
12 approval of the City Council, to appropriate terms and conditions
13 governing such easement, as set forth in the attached Agreement;
14 and
15 WHEREAS, the conveyance and use of such easement will not
16 interfere with the construction or operation of the Lake Gaston
17 Water Supply Project or otherwise be of detriment to the City;
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20 That the City Council hereby approves the conveyance of the
21 aforesaid easement to Virginia Electric and Power Company and to
22 that end, hereby authorizes and directs the City Manager to execute
23 and deliver the attached Agreement.
24
25 Adopted by the Council of the City of Virginia Beach,
26 Virginia, on this 9 day of May, 1996.
27
28 CA-96-6303
29 \wmordres\esmt.orn
30 R-1
31 April 30, 1996
32
33 APPROVED AS @O CONTENT
APFROVED AS TO LEGAL
D@e-nt of Law
VB-01
THIS AGREEMENT, made this 20th day of December, 1995,
between THE CITY OF VIRGINIA BEACH, a Virginia municipal corporation, hereinafter
called "Owner", GRANTOR, and VIRGINIA ELECTRIC AND POWER COMPANY, A Virginia
Corporation, hereinafter called "Company," GRANTEE.
WITNESSETH:
That for the sum of One Dollar ($1.00), and other valuable con-
siderations, the receipt whereof is hereby acknowledged, Owner grants unto
Company and its successors, the perpetual right, privilege and easement of
right of way thirty (30) feet in width to construct, operate and maintain
a pole line for transmitting and distributing electric power, including all
wires, poles, attachments, ground connections, equipment, accessories and appur-
tenances desirable in connection therewith (hereinafter referred to as "facili-
ties"), and including all telephone wires, over, upon and across the lands of
Owner, situated in the County of Greensville, Virginia, as shown on Plat No.
R/W02-95-0145, hereto attached and made a part of this agreement; the location
of the boundary lines of said right of way being shown in broken lines on said
plat.
The facilities erected hereunder shall remain the property of Com-
pany. Company shall have the right ot inspect, rebuild, remove, repair, im-
prove, relocate on the right of way above described, and make such changes,
alterations, substitutions, additions to or extensions of its facilities as
Company may from time to time deem advisable, including the right to increase
or decrease the number of wires. SEE EXHIBIT "A", Item #1.
Company shall at all times have the right to trim, cut and keep clear
all trees, limbs, undergrowth and other obstructions along said pole line or
adjacent thereto that may endanger the safe and proper operation of its faci-
lities. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxx SEE EXHIBIT "A", Item #2.
For the purpose of constructing, inspecting, maintaining or operat-
ing its facilities, Company shall have the right of ingress to and egress from
the right of way over the lands of Owner adjacent to the right of way and lying
between public or private roads and the right of way in such manner as shall
occasion the least practicable damage and inconvenience to Owner.
Company shall repair damage to roads, fences or other improvements
and shall pay Owner for other damage done in the process of the construction,
inspection, or maintenance of Company's facilities, or in the exercise of its
right of ingress and egress; provided Owner gives written notice to Company
within sixty days after such damage occurs. SEE EXHIBIT "A", Item #3.
VB-01
Owner, its successors and assigns, may use the right of way for
any purpose not inconsistent with the rights hereby granted, provided such
use does not interfere with or endanger the construction, operation and main-
tenance of Company's facilities and provided that no buildings, structures,
or other obstructions (except fences) may be constructed on the right of way.
It is further understood and agreed between the parties hereto that:
The rights granted herein to Company are non-exclusive and Owner
shall at all times have the right to make or grant such other use of the ease-
ment area as shall not be inconsistent with the exercise by Company of the
rights and privileges granted to it hereunder.
The easement hereby granted is subject to existing rights, if any,
of third persons to the extent that such rights are of record so as to consti-
tute constructive notice to Company.
This instrument shall not be deemed to give or grant any rights in
or to the surface of any land, except as herein expressly set forth.
If Company shall discontinue the use of the easement area all rights
granted hereby shall cease and terminate, and upon demand of Owner, Company
will at its cost and expense remove its facilities from the easement area and
restore the land to substantially the condition in which it was at the time
when the easement was granted, provided that Company may in such case abandon
buried wires, conduits, and cables.
Upon demand by Owner, and upon the granting to Company of an equiva-
lent right of way in a reasonably practicable location, Company will at its own
cost and expense relocate its facilities upon such right of way, whereupon all
rights hereby granted in respect of the right of way herein described shall
cease and terminate.
Company will indemnify Owner against and hold Owner harmless from any
and all suits, claims and demands which may be instituted, made or asserted
against Owner for damage to property or for injury to or death of persons, and
against all costs and expenses in connection therewith, including attorneys'
fees and expenses, to the extent that such suits, claims or demands are for
damage, injury or death (1) arising out of the presence of Company's facilities
on said right of way or out of Company's exercise of rights herein granted and
(2) not caused by negligence of Owner, its agents, servants or employees.
IN WITNESS WHEREOF, Owner has caused its name to be signed hereto by
its , and its corporate seal to be
hereunto affixed and attested by its , as
of the day and year first above written, pursuant to an ordinance adopted by its
Council on the day of --, 19 and Company has
caused its name to be signed hereto by its Vice President, as of the day and year
first above written.
-2-
VB-OL
THE CITY OF VIRGINIA BEACH
By:
City Manager/Authorized Designee of
ATTEST: the City Manager
VIRGINIA EL POWER COMPANY
By: @. @@ l@ -
Vice Presildent
STATE OF VIRGINIA,
City of to wit:
I, a Notary Public in and
for the Stat@of Virginia at Large, whose commission expires
, do hereby certify that
and , whose names are signed to the foregoing
writing dated the day Of as
'it.' Man aer@Authorized esignee of it anager I
respecti vety O? The (;lty of Virginia Beach, have acl ame before
me on this day of 19 in the City and State
aforesaid.
Given under my hand this day of 19
Notary Public
STATE OF VIRGINIA,
City Of Portsmouth, to wit: I,
Barbara B. Crockett, a Notary Public in and
for the State of Virginia at Large, whose commission expires November 30,
1997, do hereby certify that T. A. Hyman, Jr.
whose name is signed to the foregoing writing dated the 20th day of
December, 1995, as Vice President of Virginia Electric and
Power Company, has acknowledged the same before me on this 20th day of
December, 1995 in the City and State aforesaid.
Given under my hand this 20th day of December, 1995.
Notary Public
-3-
EXHIBIT "A"
R/W 02-95-0145
This Exhibit A shall be attached to and made a part of the RIGHT OF
WAY AGREEMENT executed by the undersigned GRANTORS on the
day of , 19_. The following terms and conditions are
incorporated therein:
1. No facilities shall be erected within a twenty (20) foot
overhead clearance height or on, or under, the right of way
surface without prior written approval from the owner. Such
approval will be granted provided such use does not interfere
with or endanger the construction, operation, or maintenance
of Owner's facilities. See Exhibit "B".
Owner agrees that facilities, as shown on R/W Plat 02-95-0145
and Exhibit "B", are permitted with no further written
approval.
To protect the Pipeline and related equipment and facilities,
GRANTEE will notify GRANTOR before bringing vehicles onto the
Subject Parcel that create loadings greater than those set our
in American Association of State Highway Transportation
Officials (AASHTO) Designation HS20-44, and before making any
excavations on or under the Subject Parcel, and will not bring
such vehicles onto the Subject Parcel or malke any such
excavations without the consent of the Grantor. Such consent
will not be unreasonably denied or delayed when emergency
repair work is necessary to restore or continue electric
service to the public.
2. All trees and limbs cut by Company shall be removed by Company
within 60 days.
3. Company agrees that Company, its heirs, assigns, agents, and
employees will not damage in any way the Owner's water
transmission facilities and property, or interfere with
construction, operation or maintenance activities by the
owner.
E(rfP. Wickham, Jr.
District Yanage/- rsburg, VA
( S@T
(S@.L
7ace of
EXHIBIT "B"
R/W 02-95-0145
l@ '/o At
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- 21 -
Item IV-L.4,
ORDINANCES ITEM # 40722
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to APPROPRIATE $3,751,711 from Aetna Fire and Casualty
Company to Capital Project 1-199 "Princess Anne High School Fire
Restoration/Addition" re payment of costs for the restoration of the
school's physical structure damaged by fire; and, estimated revenues be
increased accordingly.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl4 III, Robert K Deaf4 William W.
Harrison, Jr., Harold Heischober, Barbara M Ifenley, Louis R. Jones,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
None
May 9, 1996
1 AN ORDINANCE TO APPROPRIATE $3,751,711 FROM
2 AETNA FIRE AND CASUALTY COMPANY TO CAPITAL PROJECT 1-199
3 "PRINCESS ANNE HIGH SCHOOL FIRE RESTORATION/ADDITION" FOR
4 EXPENSES RELATED TO RESTORATION OF PRINCESS ANNE HIGH SCHOOL
5 WHEREAS, the School Division has received from Aetna Fire and Casualty Company funds
6 in the amount of $3,001,369 (three million, one thousand, three hundred and sixty-nine dollars)
7 for the actual cash value of the project to restore Princess Anne High School after fire;
8 WHEREAS, agreement has been reached and documented that an additional $750,342 will
9 be paid for restoration when such work is complete at Princess Anne High School for a total
10 building replacement cost of $3,751,711;
11 WHEREAS, a capital project has been established to account for the restoration and
12 enhancements to Princess Anne High and these funds are a part of the resources for that project;
13
14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA that funds in the amount of $3,751,711 be appropriated to the
16 capital project 1-199 "Princess Anne High School Fire Restoration/Addition" for payment of costs
17 related to restoration of the physical structure damaged by fire, and that estimated revenues be
18 increased by $3,751,711 for the insurance proceeds.
19
20 This ordinance shall be effective on the date of its adoption.
21 Adopted by the Council of the City of Virginia Beach. Virginia on the 9 day of
22 May, 1996.
EDASTO
2@3 Approved as to Content: LEGAL SUffiCIENCY
24
25 Walter C. Kraemer, Jr.
lti-@ b-6y, @,d @h
RESOLUTION TO APPROPRIATE
FUNDS RECEIVED FROM INSURANCE PROVIDER
FOR PRINCESS ANNE FIRE
Whereas, Fire severely damaged Princess Anne High School in Virginia
Beach on the morning of Friday, September 1, 1995;
Whereas, Aetna Fire and Casualty Company is the insurance carrier for
Virginia Beach City Public Schools holding Princess Anne High
School's policy;
Whereas, Aetna Fire and Casualty Company has made available to
Virginia Beach City Public Schools a check in the amount of
five hundred thousand dollars ($500,000) as start-up payment
of the insurance claim at Princess Anne High School; and
Whereas, It is urgent that funds be expended for emergency goods and
services relative to damages sustained at Princess Anne High
School as a result of fire including but not limited to
replacement of furniture and materials, relocation of
classrooms in temporary quarters and other expenses made
necessary by fire damage to the school facility; Now,
therefore, be it
Resolved, That the School Board of the City of Virginia Beach seeks
authorization by the City Council of the City of Virginia Beach
to expend up to the face amount of all reimbursement
proceeds from Aetna Fire and Casualty Company; and be it
further
Resolved, That the School Board of the City of Virginia Beach requests
that this matter be placed on the Agenda of the City Council
of the City of Virginia Beach on September 26, 1995.
Chairman of the School Board
Deputy Clerk of the School Board
Adopted this 19 day of September, 1995, by the School Board of the City of Virginia Beach
September 19, 1995
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Virginia Beach City Public Schools
OFFICE OF ADMINISTRATIVE SUPPORT SERVICES
Office of Facilities Planning and Construction
April 11, 1996
Mr. Gerald H. Kissner
Aetna Casualty and Surety Co.
P.O. Box 61000
Virginia Beach, VA 23462
RE: PRINCESS ANNE HIGH SCHOOL FIRE RESTORATION
Dear Mr. Kissner:
As per our meeting on April 10, 1996, attached is the final cost recapitulation for the
referenced project. The major revision to attached for my April 3, 1996, letter involves
reducing the data networking allowance from $27,500 to $18,375, which obviously impacts
the total replacement cost.
Based on the attached, we have calculated the facility replacement cost at $3,751,711, the
actual cash value (ACV) at $3,001,369, with the difference being Aetna's twenty percent
retainage of $750,342. Please confirm these costs in writing to me prior to April 15, 1996.
As previously mentioned, we will seek School Board approval of the Assignment Agreement
on April 16, 1996. We look forward to receiving the ACV check in the amount of
$3,001,369 upon execution of the Assignment Agreement by all parties.
Thanks for your continued cooperation.
Since
,4ely,
A P.E., Director
F, Construction
A
Attachment
PC: Dr. Donald A. Peccia (w/attachment)
Mr. John S. Kalocay (w/attachment)
Mr. A. S. Cohen (w/attachment)
Mr. John F. Newhard (w/attachment)
Mr. Michael H. Nuckols (w/attachment)
Mr. William H. Hargrove III, AIA (w/attachment)
Mr. Joe Martone (w/attachment)
Mr. J. R. Creech (w/attachment)
Sch@l Adrni@@tion Am.x. Municipal Ce@, Bldg. 16 v Virg"& B"ch, VA 23456 Telephom: (804) 563-12G4 Fax: (BG4) 563-1213
PRINCESS ANNE HIGH SCHOOL
FIRE RESTORATION - SERIES ONE
PROJECT COST RECAPITULATION
Construction
Low Base Contract $3,397,472
Delete Alternate #3 -12,045
Reduce Elevator Allowance -10,000
Eliminate Auditorium Sprinkler -18,000
Eliminate Landis & Gyr Terminal - 5,160
Total Base Contract 3,352,267
Contractor Fee (6%) 201,136
Total Contract Plus Fee 3,553,403
Contractor Bond (0.7%) 24,874
Total W.M. Jordan Contract $3,578,277
Miscellaneous Items
Mechanical Equipment Deduct (Series 2) -$28,000
Courtyard Building Credit Repairs 25,000
Simplex Master Clock Credit 1,500
Telephone System Credit 17,909
Intercom System Credit 14,900
'Include Data Networking Allowance 18,375'
'Include HVAC TAB Allowance 21,750
Total $71,434
Architecture & Engineering
HBA's Fee past April 2 $99,500
.Include Materials Testing Allowance (ECS) 2,500
Total $102,000
Totals
Total Replacement Cost = 3,578,277 + 71,434 + 102,000 = 3,751,711
Actual Cash Value (ACV) = 3,751,711 (.80) = 3,001,369
Balance (Aetna Retainage) = 3,751,711 - 3,001,369 = 750,342
These items were discovered and added after Randy Creech left April 1, 1996
meeting.
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5040 Corporate Woods Dr. Gerald Vissner i@,
P.O. Box 61000 General Adjuster 4v
A Virginia Beach, VA 23462 Fairfax Service Center
(804) 671-2641
(804) 671-2663 Fax
The Travelers Indemnity Company
The Aetna Casualty and Surety Company
@.f @lersGroup-T
April 11, 1996
Mr. Anthony L. Arnold, PE, Director
Facilities Planning and Construction
Virginia Beach City Public Schools
School Admin. Annex, Municpal Center Bldg. 16
Virginia Beach, VA 23456
RE: Princess Anne High School Fire Restoration
Dear Mr. Arnold:
This letter will outline our offer for settlement of the building restoration portion of the fire claim at
Pnncess Anne High School.
As outlined in your letter of April 11, 1996, we agree with the Replacement cost value of $3,751,711, and
the Actual Cash Value (ACV) of $3,001,369. The difference of $750,342 represents depreciation to be
withheld until completion of the fire damage repair. Consistent with the following, we will make payment
of the ACV upon assignment of our contract with WM Jordan Company for the fire restoration:
6. Valuation
h. The most we will pay is actual cash value for any loss or damage:
(1) Until the lost or damaged property is actually repaired or replaced; and
(2) Unless the repairs or replacement are made as soon as reasonably possible
after the loss or damage.
i. We will not pay more for loss or damage on a replacement cost basis than the least of:
(1) The Limit of Insurance applicable to the los or damaged property;
(2) The cost to replace, at the same "location", the lost or damaged property with
other property:
(a) Of comparable material and quality; and
(b) Used for the same purpose; or APR 1996
Mr. Anthony L. Arnold, PE
RE: Princess Anne High School Fire Restoration
Page 2
i. (continued)
(3) The amount you actually spend that is necessary to repair or replace the lost or
damaged property.
We have agreed that we will document these expenditures through Applications for Payment totalling at
least the replacement cost of $3,751,711, for the combined project.
Included in the $3,751,711 replacement cost is a contingency allowance of $150,000. We have agreed to
this allowance based on an understanding that any of these funds not expended solely on the fire
restoration will be returned to the Aetna Casualty and Surety Company.
As we discussed, we must review and approve all charges which will add to the cost of the fire restoration,
including those items charged against the contingency. Among the architect, your staff and our
consultant, I'm sure these items will receive the proper scrutiny to assure their appropriateness.
I have included a copy of the form Statement as to Full Cost of repair or Replacement under the
Replacement Cost Coverage Subject to the Terms and Conditions of this Policy. We will need to
complete this form as well as the Sworn Statement in Proof of Loss as a part of the settlement. These
documents simply convey what we have discussed with regard to loss payment.
I'm looking forward to meeting with you and the representatives of WM Jordan Company and HBA
Architects to complete the Assignment Agreement. If you should have any questions regarding this
matter, please do not hesitate to call.
Sincerely,
@d Kissner
General Adjuster
The Aetna Casualty and Surety Co.
- 22 -
Item IV-L.5.
ORDINANCES ITEM # 40723
UPon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED.
Ordinance to authorize a temporary encroachment into a portion of the
City's Drainage Easement known as Canal No. 2 to MARK F. GARCEA
and M & G ELECTRONICS re construction and maintenance of a 5,310
square foot detention pond and drive aisle for an adjacent parking lot
(PRINCESS ANNE BOROUCH).
The following conditions shall be required:
1. The owner agrees to remove the encroachment when notified by
the City of Virginia Beach, at no expense to the City.
2. The owner agrees to keep and hold the City free and harmless
of any liability as a result of the encroachment.
3. The owner agrees to maintain said encroachment so as not to
become unsightly or a hazard.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
John A. Rawn, Linwood 0. Branc,% III, Robert K Dear4 Harold
Heischober, Barbara M Henley, Louis R Jones, Mayor Meyera E.
Oberndorf, Nancy K Parker, rzce Mayor William 1). Sessotm, Jr. and
Louisa M. @rayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
William W Harrison. Jr
Council Members Absent:
None
Council Member Harrison ABSTAINED as his law firm represents the appicant.
May 9, 1996
1 AN ORDINANCE TO AUTHORIZE
2 A TEMPORARY ENCROACHMENT
3 INTO A PORTION OF THE
4 CITY'S DRAINAGE EASEMENT
5 KNOWN AS CANAL NO. 2 TO
6 MARK F. GARCEA AND M & G
7 ELECTRONICS, THEIR HEIRS,
8 ASSIGNS AND SUCCESSORS IN
9 TITLE
10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
12 That pursuant to the authority and to the extent thereof
13 contained in Section 15.1-893, Code of Virginia, 1950, as amended,
14 Mark F. Garcea and M & G Electronics, their heirs, assigns and
15 successors in title are authorized to construct and maintain a
16 temporary encroachment into the City's drainage easement known as
17 Canal No. 2 adjacent to 889 Seahawk Circle.
18 That the temporary encroachment herein authorized is for
19 the purpose of constructing and maintaining a detention pond and
20 drive aisle and that said encroachment shall be constructed and
21 maintained in accordance with the City of Virginia Beach Public
22 Works Department's specifications as to size, alignment and
23 location, and further that such temporary encroachment is more
24 particularly described as follows:
25 An area of encroachment into a
26 portion of the City's 300-foot wide
27 drainage easement known as Canal No.
28 2, on the certain plat entitled:
29 "SITE LAYOUT OR M & G
30 ELECTRONICS NOT TO SCALE SITE
31 IMPROVEMENTS ASSOCIATES-CIVIL
32 ENGINEERING - CONSTRUCTION
33 MANAGEMENT" a copy of which is on
34 file in the Department of Public
35 Works and to which reference is made
36 for a more particular description.
37 PROVIDED, HOWEVER, that the temporary encroachment herein
38 authorized shall terminate upon notice by the City of Virginia
39 Beach to any officer of Mark F. Garcea and M & G Electronics, their
40 heirs, assigns and successors in title and that within thirty (30)
41 days after such notice is given, said encroachment shall be removed
42 from the City's drainage easement known as Canal No. 2 and that
43 Mark F. Garcea and M & G Electronics, their heirs, assigns and
44 successors in title shall bear all costs and expenses of such
45 removal.
46 AND, PROVIDED FURTHER, that it is expressly understood
47 and agreed that Mark F. Garcea and M & G Electronics, their heirs,
48 assigns and successors in title shall indemnify and hold harmless
49 the City of Virginia Beach, its agents and employees from and
50 against all claims, damages, losses and expenses including
51 reasonable attorney's fees in case it shall be necessary to file or
52 defend an action arising out of the location or existence of such
53 encroachment.
54 AND, PROVIDED FURTHER, that the party of the second part
55 agrees to maintain said encroachment so as not to become unsightly
56 or a hazard.
57 AND, PROVIDED FURTHER, that this ordinance shall not be
58 in effect until such time that Mark F. Garcea and M & G Electronics
59 execute an agreement with the City of Virginia Beach encompassing
60 the aforementioned provisions.
61 Adopted by the Council of the City of Virginia Beach,
62 Virginia, on the 9 day of May, 1996.
63 CBC/tga
64 03/27/96
65 F:\..\CAHOONXM&G.ORD
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LEGAL SUFFICI'@7@,,'CY
2
THIS AGREEMENT, made this 22nd day of February ,
19 96 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, Grantor, party of the first part, and
MARK F. GARCEA, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE,
(owner) and M & G ELECTRONICS, a Virginia corporation, ITS
HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, (Tenant) Grantee, (even
though more than one) party of the second part.
W I T N E S S E T II:
That, WHEREAS, it is proposed by the party of the
second part to construct and maintain a 5,310.00 square foot
detention pond and a drive aisle for an adjacent parking lot in
the City of Virginia Beach; and
WHEREAS, in constructing and maintaining such 5,310.00
square foot detention pond and drive aisle for an adjacent
parking lot, it is necessary that the said party of the second
part encroach into a portion of an existing 300' wide City
drainage easement known as Canal No. 2; and said party of the
second part has requested that the party of the first part
grant a temporary encroachment to facilitate such 5,310.00
square foot detention pond and drive aisle for an adjacent
parking lot within a portion of the City's 300' drainage
easement known as Canal No. 2.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the party
of the second part and for the further consideration of one
GPIN 1496-64-3782
Dollar ($1.00), in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of the
first part doth grant to the party of the second part a
temporary encroachment to use a portion of the City's 300'
drainage easement known as Canal No. 2 for the purpose of
constructing and maintaining such 5,310.00 square foot
detention pond and drive aisle for an adjacent parking lot.
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and
the City of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the City's 300' drainage easement known as
Canal No. 2 as shown on that certain plat
entitled: "SITE LAYOUT FOR M & G
ELECTRONICS - NOT TO SCALE - SITE IMPROVEMENTS
ASSOCIATES-CIVIL ENGINEERING - COSTRUCTION
MANAGEMENT" a copy of which is attached
hereto as Exhibit "A", to which reference
is made for a more particular description.
It is further expressly understood and agreed that the
temporary encroachment herein authorized is subject to the
party of the second part obtaining a variance from the
Chesapeake Bay Preservation Act (CBPA) Board for the said
5,310.00 square foot detention pond and drive aisle to be
located within the 50 foot buffer area. Further, disturbance
of the banks of the City's 300' drainage easement known as
2
Canal No. 2 which have been stabilized in vegetation by the
City's Habitat Enhancement Committee must be addressed by the
party of the second part, in coordination with members from the
Committee, in order to minimize any adverse impacts to this
restoration activity.
It is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by the City of Virginia Beach to the party of the second
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
City's 300' drainage easement known as Canal No. 2 by the party
of the second part; and that the party of the second part shall
bear all costs and expenses of such removal.
It is further expressly understood and agreed that the
party of the second part shall indemnify and hold harmless the
City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to
file or defend an action arising out of the location or
existence of such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to
3
permit the maintenance and construction of any encroachment by
anyone other than the party of the second part.
It is further expressly understood and agreed that the
party of the second part agrees to maintain said encroachment
so as not to become unsightly or a hazard.
It is expressly understood and agreed that the prior
to the issuance of any permit to construct the said
encroachment, the party of the second part must post a
Performance Bond and show proof of public liability insurance
of a minimum of Five Hundred Thousand Dollars ($500,000.00).
It is further expressly understood and agreed that any
above ground encroachments shall conform to the minimum
setbacks requirements, as established by the City Traffic
Engineer's office.
It is further expressly understood and agreed that the
party of the second part shall submit for review and approval,
a survey of the area being encroached upon, certif ied by a
professional engineer, and/or "as built" plans of the
encroachment, if required by either the City Engineer's Office
or the Engineering Division of the Public Utilities Department.
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such encroachment and
Charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the
collection of local or state taxes; may require the party of
4
the second part to remove such temporary encroachment; and
pending such removal, the party of the first part may charge
the party of the second part compensation for the use of such
portion of the City's right-of-way encroached upon the
equivalent of what would be the real property tax upon the land
so occupied if it were owned by the party of the second part;
and if such removal shall not be made within the time ordered
hereinabove by this Agreement, the City shall impose a penalty
in the sum of one Hundred Dollars ($100.00) per day for each
and every day that such encroachment is allowed to continue
thereafter, and shall collect such compensation and penalties
in any manner provided by law for the collection of local or
state taxes.
IN WITNESS WHEREOF, the said M & G ELECTRONICS has
caused this Agreement to be executed in its corporate name and
on its behalf by its president with due authority by its board
of directors. Further, that the City of Virginia Beach has
caused this Agreement to be executed in its name and on its
behalf by its City Manager and its seal be hereunto affixed and
attested by its City Clerk.
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
5
(SEAL)
ATTEST:
City clerk
(SEAL)
,APPROVED AS TO CONTENT
ATUI@ M & G ELECTRONICS, a Virginia
corporation
'S'C
DEPAITMCNT
By: (SEAL)
MAR@K/F. GARCEA, President
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
Public in and for the City and State aforesaid, do hereby
certify that I CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER, whose name is signed to the
foregoing Agreement bearing date an the - day of
, 19 , has acknowledged the same before me in
my City and State aforesaid.
GIVEN under my hand this day of
19-.
Notary Public
My Commission Expires:
6
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public
in and for the City and State aforesaid, do hereby certify that
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH,
whose name is signed to the foregoing Agreement bearing date on
the day of 1 19 1 has acknowledged the
same before me in my City and State aforesaid.
GIVEN under my hand this day of
19-.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
a notary public in and
for the city and state aforesaid, do hereby certify that MARK
F. GARCEA whose name is signed to the foregoing writing bearing
date the day of 19 has
acknowledged the same before me in my city and state aforesaid.
Given under my hand this day of k,,j
19cl@
Notary Public
My Commission Expires:
7
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, UL)"@ a Notary Public
in and for the City and State aforesaid, do hereby certify that
MARK F. GARCEA, PRESIDENT of M & G ELECTRONICS, whose name as
such is signed to the foregoing writing, bearing date the
day of @l)@2-,l 19(lLr, has acknowledged
the same before me in my City and State aforesaid.
Given under my hand this @"i day of
19
Notary Public
My Commission Expires:
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23 -
Item IV-M.1.
APPOINTMENTS ITEM # 40724
Upon NOMINATION by Vice Mayor Sessoms, City Council:
ART'S AND HUMANITIES COMMISSION
APPOINTED:
Vikki W. Grodner
Sheila P. Price
Thomas A. Naughton
AND, REAPPOIATED:
Leonette S. Adler
Mimi S. Karesh
Catherine I. Sampson
Darlene K. Thurman
Two-year terms
7/1/96 thru 6/30/98
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Robert Y- Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis P- Jones,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessorm, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Meinbers Absent:
None
May 9, 199,6
24 -
Item IV-N.1.
UNFINISHED BUSINESS ITEM # 40725
ADD-ON
Upon motion by Council Lady Strayhorn, seconded by Councilman Baum, City Council ADDED to the
Agenda:
RECONSIDERATION TO ALLOW WITHDRAWAL of the Application
of TARGET Conditional Change of Zoning District Classification FROM
R-5D to B-2 DENIED April 9, 1996.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl4 III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Mayor Meyera E. Oberndorf Nancy K Parker, rice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 9, 1996
25 -
UNFINISHED BUSINESS ITEM # 40726
ADD-ON
Upon motion by Council Lady Strayhorn, seconded by Councilman Baum, City Council:
SCHEDULED RECONSIDERATION TO ALLOW WITHDRAWAL per
World of Life Church's judicial order, the Application of TARGET
Conditidonal Change of Zoning District Classification fROM R-5D to B-
2 DENIED April 9, 1996.
RECONSIDERATION SCHEDULED: May 28,1996 at 7:00 P.M.
Voting: 11-0
Council Members Voting Aye:
John A Baum, Linwood 0. Branch, III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Ilenley, Louis R. Jones,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
None
May 9, 1996
26 -
Item IV-N.2.
UNFINISHED BUSINESS ITEM # 40727
ADD-ON
CounciLman Dean extended congratulations to Council Member-Elect Reba S. McClanan.
Mayor Oberndorf expressed gratitude to Councilman Dean an his unselfish dedication to the Princess
Anne Borough. The Princess Anne Borough is very blessed to have two very capable and involved civic
leaders to represent them. Mayor Oberndorf congratulated Council Member-Elect Reba S. McClanan and
looks forward to the years ahead.
May 9, 1996
- 27 -
Item IV-P.
ADJOURNMENT ITEM # 40728
Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 5:15 P.M..
Beverly 0. Hooks, CMCIAAE
Chief Deputy City Clerk
--------------------------
Meyera E. Oberndorf
City Clerk Mayor
City of lrtrginia Beach
lrlrginia
City Council RECONVEIVED for a RECONCIIL4TION WORKSilop OF THE RESOURCE
MANAGEAFENT PL4N. FY 1996-1997 OPERATING BUDGETIFY 1996-1997 CAPITAL
IMPROYEMENT PROGRAM. After whic.% City Council ADJOURNED at 6:45 P.M.
May 9, 1996