MAY 27, 1997 MINUTESCity of Virginia Beach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR ~EYERA E OBERNDORF At Large
VICE ~AYOR WILLIAM D SESSOMS IR Al Large
JOHN A BAUM Blackwater Borough
LINWOOD 0 BRA&ICH III V~r~mza Brat h Borm~h
WILLIAM W HARRISON JR Lvnnhaven Borough
HAROLD HEISCHOBER At Large
BARBARA M HENLEY Pungo Borough
LOUIS R JONES Bavslde Borough
REBA S McCI ANAN Pr~ntess 4nne Borough
NANCY K PARKER At Large
LOUISA k4 STRAYHORN Kempswlle Borough
JAMES K SPORE C~ty Manager
LESLIE L LILLEY City Attorney
RUTH HODGES SMITH CMC / AAE, C~ty Cle?k
CITY COUNCIL AGENDA
.OF' 0 U R~N ~k'~ lO
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH VIRGINIA 23456 9005
f7$D 427 4303
May 27, 1997
I .
CITY MANAGER'S BRIEFING
- Conference Room -
3:30 PM
A.
ANNUAL TOURISM
James B. Ricketts, Director, Convention & Visitor Development
II. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL CONCERNS
IV. INFORMAL SESSION
- Conference Room -
5:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
V. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION:
Reverend Harvey Turner
Kempsville Church of God
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. INFORMAL & FORMAL SESSIONS - May 13, 1997
G. AGENDA FOR FORMAL SESSION
H®
CONSENT AGENDA
The Consent ~tgenda will be determined during the ~4genda Review Session and
considered in the ordinary course of business by City Council to be enacted by one
motion.
I ·
MAYOR'S PRESENTATIONS~
1. MISS VIRGINIA BEACH - Meghan Shanley
2. PLAZA MIDDLE SCHOOL - Operation Smile Students
James W. Walker, Jr., Principal
3. ROTARY FOUNDATION - Israeli Study Exchange Team
Je
PUBLIC HEARING
1. AGRICULTURAL PRESERVATION PROGRAM (ARP)
Thomas C. and Judith C. Kay - 24.75 Acres Pungo
Clyde W. Sr. and Janet G. Simons - 25.91 Acres Pungo
Ke
ORDINANCES
i ·
Ordinances to authorize the acquisition of Agricultural Land
Preservation Easements (ARP) and the issuance by the City of
its contract obligations (PUNGO BOROUGH):
a ,
Thomas C. Kay and Judith C. Kay - 24.75 Acres
Installment Purchase Agreement No. 1997-8 - $ 126,956
be
Clyde W. Simons, Sr. and Janet G. Simons - 25.91 Acres
Installment Purchase Agreement No. 1997-9 - $ 23,156
·
Ordinance to AMEND Section 6 - 10 of the City Code by
prohibiting the use of skateboards in the resort area year-
round. (Sponsored by Vice Mayor William D. Sessoms, Jr. and
Councilman Linwood O. Branch, III)
·
Ordinance to ACCEPT and APPROPRIATE a $4,900 National Oceanic
Atmospheric Administration Grant from the Virginia Department
of Environmental Quality to the Marine Science Museum's FY
1996-1997 Operating Budget to research sea turtle and marine
mammal strandings; and, estimated revenues from the Federal
Government within the Marine Science Museum Fund be increased
accordingly.
,
Ordinance to TRANSFER $50,000 from CIP Project #2-165 Laskin
Road-Phase II to CIP Project #2-305 Ferre11 Parkway-Phase II
re additional preliminary right-of-way acquisition costs.
5. Ordinances to authorize temporary encroachments~
a ·
Into a portion of the City's drainage easement at 920
Raton Court to Bruce L. and Karen S. Rodgers re
constructing and maintaining a bulkhead and dock
(PRINCESS ANNE BOROUGH).
be
Into a portion of the City's right-of-way at 83rd Street
to Edward F. and Carol Anne Ross re maintaining a wooden
trellis (LYNNHAVEN BOROUGH).
C ·
Into a portion of the City's right-of-way at 716
Vanderbilt Avenue to John Barbarian re maintaining a
chain link fence (LYNNHAVEN BOROUGH).
·
·
·
·
Ordinance to authorize the City Manager execute a Deed o£
Easement for the Vacation of portions of a City-owned 20'
drainage on property of Berkshire Associates, L.P. (LYNNHAVEN
BOROUGH).
Ordinance appointing viewers in the petition of The Runnymede
Corporation for the closure of portions of rights-of-way known
as Pine Street and Poplar Street, West of Rosemont Road and
South of the Virginia Beach Expressway (Rt. 44) (LYNNHAVEN
BOROUGH).
Ordinance to authorize License Refunds in the amount of
$48,433.53.
Ordinance to authorize Tax Refunds in the amount of
$2,298.94.
L·
RESOLUTIONS
I ·
Resolution to authorize the issuance and sale of $56,700,000
General Obligation Public Improvement Bonds, Series of 1997,
of the City of Virginia Beach, heretofore authorized and
providing for the form, details and payment thereof to
finance, in part, the cost of the various public, school road
and highway improvements. '
·
Resolution to adopt the
Ridge Property Land Use
(PRINCESS ANNE BOROUGH)·
Princess Anne Corridor Plan: Lake
Plan (Approximately 2,000 Acres),
·
·
Resolution to authorize the City Manager and City Attorney to
execute an agreement with the Tournament Players Club (TPC) re
a golf facility proposed at Lake Ridge; establish CIP #9-004
Lake Ridge Golf Facilities, transfer $3,550,000 from CIP #9-
260, Economic and Tourism Development Partnerships; and,
authorize acquisition of an access point along Princess Anne
Road for the proposed project.
Resolution to authorize the City Manager to execute a
Coordination Agreement, Ground Lease and related project
documents for the establishment of the Multi-Purpose Sports
Stadium.
Mo
PUBLZC HEARING - PLANNING
PLANNING BY CONSENT - To be determined during tie Agenda R~iew Sfs$ion.
6t30 PM
I ·
·
NO ACTION ITEM - DEFERRED BY PLANNZNG COMMZBSZON
a®
Application of. JOSEPH OVERHOLT, TRUSTE
f__or a C d~nal ~ ..... E OVERHOLT TRUST
'o
southwest corner of Lv--~ ....... ss D_~ ~c~ at L:.~
~e z---.~-=n ~arKway and Salem Road re
12/17/96 - Referred Back to Planning
Recommendation:
APPROVAL
beginning at the Southern bound-- po~t}o~ of Sydnor Street
~n a Southerly direction a disUt~nrYc~£ ~th Street and running
sastern boundary of S'--dor ..... .o£ ~05.10 feet alon
feet (LYNNHA~ ..... !~- ~creec ana con~-~-~- - 9 the
,v~,~ uuKOUGH). ~=~xng 4,102 square
·
Applications for PAUL D. ROWAN on the West side of South
Birdneck Road, North of Bells Road, containing 15 acres more
or less (LYNNHAVEN BOROUGH):
a ·
Re: Animal Hospital West of South Birdneck Road, North
of Bells Road.
(1) COZ from I-1 Light Industrial District to
Conditional B-1 Neighborhood Business District on
4.58 acres more or less·
(2) COZ from I-1 Light Industrial District to
Conditional AG-1 Agricultural District on 5.01
acres more or less.
(3) CUP: Animal Hospital.
b ·
Change of Zoning District Classification from I -__1
Industrial District to Conditional I - 1 Industrial
District re light industrial land use beginning at a
point 1175 feet more or less North of Bells Road.
Deferred:
April 8, 1997
Recommenda t ion:
APPROVAl,
·
Application of ZIMMER DEVELOPMENT CO. OF VIRGINIA, L.P., for
a Change of Zoning District Classification from R-7.5
Residential District and B-2 Community Business District to
Conditional B-1 Neighborhood Business District at the
Northwest corner of Princess Anne Road and South Parliament
Drive, containing 1.6 acres (KEMPSVILLE BOROUGH)·
Recommendation:
APPROVAL
·
Application of CMSS ARCHITECTS for Change of Zoning District
Classifications, containing 2.72 acres (KEMPSVILLE BOROUGH):
Parcel 1: From R-10 Residential District to Conditional A-18
Apartment District, 180 feet more or less
North of Princess Anne Road beginning at a
point 700 feet more or less East of South
Parliament Drive.
Parcel 2: From B-2 Community Business District to Conditional
A-18 Apartment District, North side of Princess Anne Road
beginning at a point 730 feet more or less East of South
Parliament Drive.
Recommendation:
APPROVAL
·
Applications of the City of Virginia Beach:
a .
Change of Zoning District Classification from 0-2 Office
District, B-2 Community Business District, R-10
Residential District, P-1 Preservation District and H-1
Hotel District to AG-1 Agricultural District 2,000 feet
more or less Southeast of the intersection of Princess
Anne Road and Dam Neck Road, containing 1,112 acres
(PRINCESS ANNE BOROUGH).
b .
Conditional Use Permit for a recreational facility of an
outdoor nature (golf course, clubhouse and associated
facilities) 2500 feet more or less Southwest of the
intersection of Princess Anne Road and Judicial
Boulevard, containing 310 acres more or less (PRINCESS
ANNE BOROUGH).
C ·
Conditional Use.permit for a regreational facility of an
outdoor nature (multi-purpose stadium and associated
facilities) 2000 feet Southeast of the intersection of
Princess Anne and Dam Neck Road, containing 153 acres
more or less (PRINCESS ANNE BOROUGH).
de
AMEND and REORDAIN Section 1521 of the City Zoning
Ordinance re drive-thru facilities in a portion of the
RT-3 Resort Tourist District at Arctic Avenue, Winston
Salem Avenue and 4th Street, North of 35th Street
(VIRGINIA BEACH BOROUGH).
Recommenda t ions:
APPROVAL
N. APPOIN~ENTB
COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE (CAC)
HAMPTON ROADS PIJUNNING DISTRICT COMMISSION
MEDICAL COLLEGE OF HAMPTON ROADS
SOCIAL SERVICES BOARD
TIDEWATER COMMUNITY COLLEGE BOARD
TIDEWATER REGIONAL GROUP HOME COMMISSION
VIRGINIA BEACH TOWING ADVISORY BOARD
O. UNFINISHED BUSINESS
P. NEW BUSINES~
Q. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITE CLERK'S OFFICE at 427-4303
Hearing /mpaired, call: TDD only 427-4305
(iDD - Telephonic Device for the Deaf)
)5/20/97BAP
~GENDA\ 05-27- 97. PLN
www. virginia-beach, va. us
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
May 27, 1997
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING RE ANNUAL
TOURISM in the Council Conference Room, City Hall Building, on Tuesday, May 27, 1997, at 3:30 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, HaroM Heischober, Barbara M
Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker
and Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
William W. Harrison, Jr.
Reba S. McClanan
[ENTERED: 3:40 P.M.]
[ENTERED: 3:42 P.M.]
Louisa M. Strayhorn [ENTERED: 3:50 P.M.]
-2-
CITY MANAGER'S BRIEFING
ANNUAL TOURISM
3:30 P.M.
ITEM # 42126
James B. Ricketts, Director - Convention and Visitor Development, advised of past accomplishments of
Tourism, the 1997 Spring/Summer Advertising Campaign and the future accomplishments. The Summer
1996 room nights reached an all time high The amount of Canadian visitation was doubled. Repeat
visitation has risen. The New Virginia Beach won the Travel Tourism Research Association's J.
Desmond Slattery Award. The 1996 Virginia Beach Tourism Economic Impact Study, prepared by
Gilbert R. Yochum, Ph.D. and Vinod B. Agarwal, Ph.D. - Bureau of Research - College of Business and
Public `4dminsitration - OM Dominion University, was distributed to City Council. This report estimated
2.2 Million visitors arrived in the City in 1996. Visitor expenditures generated $38.7-MILLION in direct
City revenue and cost the City $22.9-MILLION in visitor related expenditures. The net direct dollar
return generated by these visitors to the City was $1$.8-MILLION before consideration of any multiplier
effects. The average rate of return is 69%
,4. Palmer Farley, Barker, Campbell, Farley and Mansfield, described the present campaign The program
is divided into two parts: Branding (sell the quality experience) and Retailing (,4dd value variety and
quality to the brand). The Spring Program comprised of February thru March was targeted to couples
with the focus being less crowds, natural beauty and good value. The April thru June Summer Program
will focus on families, with the Good/Clean/Fun message being still broadcast and packaging. Mr. Farley
displayed samples of ads and brochures. The Virginia Marine Science Museum is supported with Whale
Watching packages in the December, January and February time frame. Dolphin watching is supported
in the Summer ,4n additional SI-MILLION in incremental spending has been generated from co-op
partners and the State of Virginia to boost the program. Mr. Farley outlined the various packages.
FAMILY FUN PA CKA GE
Includes a partnership role with:
Busch Gardens, Williamsburg
Hampton
Norfolk
Virginia Tourism Council
Virginia Beach
Virginia Marine Science museum
Water Country, USA
The Family Fun Package is approximately a $700,000 program in terms of total expenditure. The City's
investment is $150,000. The Family Fun Package starts at just $599 for 4 days/3 nights, for a family
o f four.
SURF S UN RE VOL UTIONAR Y FUN PA CKA GE
First time partnership with Colonial Williamsburg:
Busch Gardens, Williamsburg
Colonial Williamsburg
Virginia Tourism Council
Virginia Beach
Water Country, USA
Yorktown/Jamestown Foundation
Mr. Farley presented the video of the Television advertising currently running on a nationwide basis both
in English and French.
May 27, 1997
-3-
CITY MANAGER'S BRIEFING
ANNUAL TOURISM
ITEM # 42126 (Continued)
Mr. Farley introduced the Sun Splash Fun Package (Canadian Package), which runs in a French version
and has a partnership through CA,4. The Fun N Sun Package is connected with the Hotel/Motel
Association and utilizes the 1-800-BEACH phone number.
Joan Prescott, Public Relations Director - Barker, Campbell, Farley and Mansfield, advised the public
relations campaign was opened with the goal of integrating the program with advertising to raise
awareness, broaden the reach and boost the credibility of the marketing methods. Public relations utilized
in this manner can create 'year round awareness for Virginia Beach. Over the last year, public relations
has returned $6-MILLION in additional exposure and awareness for the City's marketing program. This
translates to a 24 to 1 return on investment. Miss Prescott displayed an article in the New York Times
Sunday travel section and exemplified how public relations can be utilized to help build brand image and
positioning. This article provides tremendous credibility for the new Virginia Beach marketing message.
In addition to the New York Times, the article is synchcated to newspapers and major markets around the
Country. These placements would have cost $90,000, if they were purchased at standard advertising rates.
In television, the same techniques are used to create this sort of awareness. Miss Prescott presented a
video of the Today Show - Saturday, depicting an author discussing his novel "Best Beaches through
the Mid Atlantic Coast". Virginia Beach was the first beach mentioned in this program. Public relations
was utilized to redefine the Virginia Beach Shamrock Marathon. The Marathon was classified as a
National cahber event. This event has been televised for the past two years on ESPN. This year, CNN also
utilized the Shamrock Marathon as part of its Saint Patrick's Day coverage. Burt Wolf, Television Travel
Journalist, was invited to produce his international syndicated program, "A Taste for Travel", here in
Virginia Beach in order to showcase the City's terrific cuisine, history of the area and attractions. As a
result, Burt is producingfour 'half hour programs on Virginia Beach: two for the travel channel and two
for PBS. The firstprogram will air this week, Thursday May 29, 1997, on the Travel Channel. The second
will debut in July. Two PBS shows will commence this Fall. Burt's programs are extremely popular and
have a combined audience of 190-MILLION viewers worldwide. The advertistng equivalency of these
programs would be $5-MILLION.
Ron Kuhlman, Director of Marketing Sales- Convention and Visttor Development, referenced facets
relative Ecotourism:
Fastest growing segment of travel industry.
Ecotravelers stay longer and spend more
Creates local business opportunities
Builds shoulder season.
WHERE WE ARE GOING
(ROMANCING THE BRAND)
Virginia Marine Science Museum
Entertainment
Sports (soccer, golf, etc.)
Boardwalk
Bruce Mansfield, Creative Director and Partner- Barker, Campbell, Farley and Mansfield, reiterated the
creativity in the Boardwalk segment.
NEW CREATIVE
Extend the Good Clean Fun position to showcase variety
Unveil the newly expanded boardwalk
Craft a consistent image for all season
Mr. Mansfield displayed various ads designed for the summer and the shoulder season market.
May 27, 1997
-4-
CITY MANAGER'S BRIEFING
ANNUAL TOURISM
ITEM # 42126 (Continued)
Mr. Kuhlman referenced:
KEY CAMPAIGN OPPORTUNITIES
National television programs: Good Morning America,
Today, etcetera
Boardwalk exhibitions, parades, festivals
Displays off vintage boardwalk, photographs and
memorabilia
A 1940's style Big Band concert
Return of the "tea dance" 90s styles.
OTHER OPPORTUNITIES
Target: Chicago
New UA W golf tournament
Capital Region USA
Outdoor recreation event
Sports marketing
Electronic media
Mr. Kuhlman advised, in terms of Sports Marketing, a special emphasis is being placed on the Virginia
Beach Sports Complex in Lake Ridg~ The Columbus Day Soccer Tournament brings in approximately
7,000 and 8,000 room nights. Mr Kuhlman referenced a forthcoming announcement concerning the
award of approximately $600,000 in State Cooperative Marketing Funds.
Mr. Kuhlman advised the Golf Package Program features all of Virginia Beach's golf courses and extends
to Cyprus Point, Hells Point and encompasses two courses in Williamsburg. The survey indicates the City
is not getting the repeat visitation, but rather new golfers. The new Tournament Players Club golf facility
and Heron Ridge will bring top quality mid price golf courses into the equation. The advertising is also
being fine tuned.
Mr. Ricketts advised the City's goal, relative the international effort in southeast tourism, is to raise
between $5 and $10-MILLION. Approximately $300,000 has been raised. Realistically, the City must cut
back its vision until a program can be butlt. This was to be based more on consumer advertising. There
are several organizations which conduct trade based advertising for the travel agents and consumer
wholesalers. Mr. Ricketts said the City's representatives visit Europe two or three times a year and take
a place in trade shows. Even with the Olympic competition last year, the City's hotel receipts in the
Summer increased 6. 6 % There are 684,000 Executive level positions in the tourtsm industry. The average
salary for the General Manager of a hotel is between $48,000 and $94,000. 48% of all restaurants are
owned by those who began their professions as waiters, waitresses or dishwashers. The tourism job
market ranges shall be provided to Members of City Council.
May 27, 1997
-5-
AGENDA RE VIEW SESSION
4:35 P.M.
ITEM # 42127
Council Lady McClanan advised a VERBAL NA Y:
K. 1 Ordinances to authorize the acquisition of Agricultural Land
Preservation Easements (ARP) and the issuance by the City of
its contract obligations (PUNGO BOROUGH):
ao
Thomas C. Kay and Judith C. Kay - 24. 75 Acres
Installment Purchase Agreement No. 1997-8
$126,956
b.
Clyde W. Simons, Sr. and Janet G. Simons - 25.91 Acres
Installment Purchase Agreement No. 1997-9
$ 23,156
ITEM # 42128
Council Lady Parker inquired relative:
K. 6 Ordinance to authorize the City Manager execute a Deed of
Easement for the Vacation of portions of a City-owned 20'
drainage on property of Berkshire Associates, L.P.,north side
of Vtrginia Beach Boulevard contiguous to West Lane.
(L YNNHA YEN B OR O UGH).
The City Staff recommended adoption. It is subject to appropriate conditions or provisions of law that may
be determined by the Director of Public Works and/or the City Attorney.
ITEM # 42129
Councilman Baum referenced the tax refund to the City of Virginia Beach ($776.50.
K. 9 Ordinance to authorize Tax Refunds in the amount of
$2,298.94.
The City Attorney advised this is not a tax refund payment to the City The underlying taxpayer owes
money to the City; therefore, when the check is drawn, the refund is made payable to the City of Virginia
Beach.
ITEM # 42130
BY CONSENSUS, the following items shah compose the ORDINANCE CONSENT AGENDA:
ORDINANCES
K. 1 Ordinances to authorize the acquisition of Agricultural Land
Preservation Easements (ARP) and the issuance by the City of
its contract obligations (PUNGO BOROUGH):
a,
Thomas C. Kay and Judith C. Kay - 24. 75 Acres
Installment Purchase Agreement No. 1997-8
- $126,956
Clyde W. Simons, Sr. and Janet G. Simons - 25.91 Acres
Installment Purchase Agreement No. 1997-9
- $ 23,156
May 27, 1997
-6-
AGENDA RE VIEW SESSION
ITEM # 42130 (Continued)
K. 2 Ordinance to AMEND Section 6-10 of the City Code by
prohibiting the use of skateboards in the resort area year-
round (Sponsored by Vice Mayor William D. Sessoms, Jr. and
Councilman Linwood O. Branch, III)
K. 3
Ordinance to ACCEPT and APPROPRIATE a $4,900
National Oceanic Atmospheric Administration Grant from the
Virginia Department of Environmental Quality to the Virginia
Marine Science Museum's FY 1996-1997 Operattng Budget to
research sea turtle and marine mammal strandings, and,
estimated revenues from the Federal Government within the
Virginia Marine Science Museum Fund be increased
accordingly.
K. 4
Ordinance to TRANSFER $50,000 from CIP Project #2-165
Laskin Road-Phase H to CIP Project #2-305 Ferrell Parkway-
Phase II re additional preliminary right-of-way acquisition
costs.
K. 5 Ordinances to authorize temporary encroachments:
a.
Into a portion of the City's drainage easement at 920 Raton
Court to Bruce L. and Karen S. Rodgers re constructing and
maintaining a bulkhead and dock (PRINCESS ANNE
BOROUGH).
bo
Into a portion of the City's right-of-way at 83rd Street to
Edward F. and Carol Anne Ross re maintaining a wooden
trellis (L YNNHA VEN BOROUGH).
Into a portion of the City's right-of-way at 716 Vanderbilt
Avenue to John Barbarian re maintaining a chain link fence
(L YNNHA VEN BOROUGH).
K. 6
Ordinance to authorize the City Manager execute a Deed of
Easement for the Vacation of portions of a City-owned 20'
drainage on property of Berkshire Associates, L.P., north side
of Virginia Beach Boulevard contiguous to West Lane.
(L YNNHA VEN B OR O UGH).
K. 7
Ordinance appointing viewers in the petition of The
Runnymede Corporation for the closure of portions of rights-
of-way known as Pine Street and Poplar Street, West of
Rosemont Road and South of the Virginia Beach Expressway
(Rt 44) (L YNNHA VEN BOROUGH).
K. 8 Ordinance to authorize License Refunds in the amount of
$48,433.53.
K. 9. Ordinance to authorize Tax Refunds in the amount of $2,298.94.
May 27, 1997
-7-
AGENDA RE VIEW SESSION
ITEM # 42131
Council Lady McClanan wished to discuss during the Formal Sesston'
RESOLUTIONS
L.2.
Resolution to adopt the Princess Anne Corridor Plan: Lake
Ridge Land Use Plan (~4pproximately 2,000 Acres),
(PRINCESS ANNE BOROUGH).
L. 4
Resolution to authorize the City Manager to execute a
Coordination Agreement, Ground Lease and related project
documents for the establishment of the Multi-Purpose Sports
Stadium.
ITEM # 42132
BY CONSENSUS, the following items shall compose the RESOLUTIONS CONSENT AGENDA:
RESOLUTIONS
L. 1
Resolution to authorize the issuance and sale of $56,700,000
General Obligation Public Improvement Bonds, Series of
1997, of the City of Yirgtnia Beach, heretofore authortzed and
providing for the form, details and payment thereof to finance,
in part, the cost of the various public, school, road and
highway improvements.
L. 3
Resolution to authorize the City Manager and City Attorney to
execute an agreement with the Tournament Players Club
(TPC) re a golf facility proposed at Lake Ridge; establish CIP
#9-004 Lake Ridge Golf Facilities, transfer $3,550,000 from
CIP #9-260, Economic and Tourism Development Partnerships;
and, authorize acquisition of an access point along Princess
Anne Road for the proposed project.
May 27, 1997
-8-
AGENDA RE VIEW SESSION
ITEM # 42133
Council Members Harrison and Heischober advised the applicant had conformed to the request of
EXCLUDING BOARDING OF HORSES:
M. 3 Applications for PAUL D. ROWAN on the West side of South
Birdneck Road, North of Bells Road, containing 15 acres more
or less (L YNNHA VEN BOROUGH) :
a. Re: West of South Birdneck Road, North of Bells Road.
(1) COZ from bi Light Industrial District to Conditional B-1
Neighborhood Business District on 4. 58 acres more or less.
(2) COZ from I-I Light Industrial District to Conditional AG-1
Agricultural District on 5. O1 acres more or less.
(3) CUP: Animal Hospital.
b.
Change of Zoning District Classification from l-1 Industrial District to
Conditional I-1 Industrial District re light industrial land use beginning at a
point 1175feet more or less North of Bells Road.
Vice Mayor Sessoms advised the applicant had contacted members of the Seatack Civic League. If there
are representatives of the Community who wish to speak in OPPOSITION, this item will not be placed
on the Consent Agenda, but discussed during the Formal Session.
ITEM # 42134
Mayor Oberndorf expressed concern relative the proposed Change of Zoning signs:
M. 4 Application of ZIMMER DEVELOPMENT CO. OF
VIRGINIA, LP., for a Change of Zoning District Classification
from R-7.5 Residential District and B-2 CommunitF Business
District to Conditional B-I Neighborhood Business Dtstrict at
the Northwest corner of Princess Anne Road and South
Parliament Drive, containing 1.6 acres (KEMPSVILLE
BOROUGH).
The sign is mounted on a pole, so it is virtually impossible to read the sign. Mayor Oberndorf advised they
did not post this sign until Monday.
Council Lady Henley inquired when the signs changed from the big orange ones to the smaller signs that
blended into the landscape.
Council Lady Strayhorn expressed concern relative visibility of signs and concerns from citizens.
Karen Lasley, Planning Coordinator, advised due to the budget constraints, the signs were changed
approximately three years ago. The small plastic signs are less expensive to manufacture. By law, the
signs must be erected fifteen (15) days prior to the Planning Commission hearing. The Planning
Commission checks almost every sign.
Council Lady McClanan said the cost of the signs should be paid for through the fees to the applicant.
Les Lilley, City Attorney, advised a complaint was raised during the Planning Commtssion hearing relative
this sign not being posted. This application can be DEFERRED by City Council, with a request the
applicant post the szgn. The sign ordinance is general in nature, and if City Council desires, concerns can
be addressed and the Ordinance amended.
May 27, 1997
-9-
AGENDA RE VIEW SESSION
ITEM # 42135
Counctl Lady McClanan expressed concern relative lack of addressing standards for landscape, utilittes,
right-of-ways, scenic easements etc. Councilman Harrison believed these concerns were addressed in the
Lake Ridge Plan. With reference to Councilman Heischober's concerns, the City Attorney advised when
the Lake Ridge property was purchased by the City, tt was encumbered by a series of proffers of a
completely dt. fferent scope than the Ctty is now pursuing The proffers, currently in place, must be
alleviated.
M. 6 Applications of the City of Virginia Beach:
a.
Change of Zoning District Classification from 0-2 Office
District, B-2 Community Business District, R-lO Residential
District, P-1 Preservation District and H-1 Hotel District to
AG-I Agricultural District 2,000feet more or less Southeast of
the intersection of Princess Anne Road and Dam Neck Road,
containing I,I 12 acres (PRINCESS ANNE BOROUGH).
b.
Conditional Use Permit for a recreational facility of an outdoor
nature (golf course, clubhouse and associated facilities) 2500
feet more or less Southwest of the intersection of Princess Anne
Road and Judicial Boulevard, containing 310 acres more or
less (PRINCESS ANNE BOROUGH).
Condttional Use Permit for a recreational facility of an outdoor
nature (multi-purpose stadium and associated facilities) 2000
feet Southeast of the intersection of Princess Anne and Dam
Neck Road, contatning 153 acres more or less (PRINCESS
ANNE BOROUGH).
ITEM # 42136
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA:
PLANNING
M. 2 Petition of MARKR. LICHTENSTEINfor the discontinuance,
closure and abandonment of a portion of Sydnor Street
beginning at the Southern boundary of 55th Street and running
in a Southerly direction a distance of 105.10 feet along the
Eastern boundary of Syndor Street and containing 4,102 square
feet (L YNNHA VEN BOROUGH).
M. 5
Application of CMSS ARCHITECTS for Chanyze of Zonin~
--
District Classtfications, containing 2. 72 acres (KEMPSVILLE
BOROUGH):
Parcel 1: From R-10 Residential District to Conditional A-18 Apartment
District, 180 feet more or less North of Princess Anne Road beginning
at a point 700feet more or less East of South Parliament Drive.
Parcel 2: From B-2 Community Business Dtstrict to Condittonal A-18
Apartment District, North side of Princess Anne Road beginning at a
point 730 feet more or less East of South Parliament Drtve.
M. 6 Applications of the City of Virginia Beach:
d.
~4MEND and REORD.4IN Section 1521 of the City Zoning
Ordinance re drive-thru facilities in a portion of the RT-3
Resort Tourist District at Arctic Avenue, Winston Salem Avenue
and 4th Street, North of 35th Street (VIRGINIA BEACH
BOROUGH).
May 27, 1997
- 10-
CITY COUNCIL CONCERNS
5:07 P.M.
ITEM # 42137
Mayor Oberndorf referenced concern of Mrs. Morgan of Burton Station, who had received an appraisal
of her land. Mayor Oberndorf advised Mrs. Morgan said her one acre lot has only been appraised at
$115,000. Mrs. Morgan wishes to know when the City Council will offer her the value her land is worth.
Mrs. Morgan wishes a letter be sent stating the City Council does not intend to do anything to upset her
neighborhood, so they could go forth and improve their homes. The residents wish their TARGET
neighborhood reconstructed like Gracetown, Ne~light and the others with water and se~er to live a more
wholesome light. Mrs. Morgan said Councilman Jones had been of great assistance with her Aunt.
Jim Lawson, Real Estate, advised Mrs. Morgan's property is not the one the City is looking to acquire.
Mr. Lawson spoke to her about three weeks ago. Mr. Lawson believes Mr. Scott, with the Airport
Authority, has contact her on a couple of occasions.
Councilman Branch believed that due to the proximity of the Burton Station neighborhood to the airport,
it was not eligible for the Federal funds as other Target neighborhoods.
The City Manager advised if her property is in the airport acquisition area, the City can contact the
Norfolk Airport Authority and have them work with Mrs. Morgan.
ITEM # 42138
Councilman Baum distributed the Proposed PUNGOfBLACKWATER PLANNING AI~EA, being
considered by the Planning Commission. Information relative the McGinnis Realty and Development
Company for a Change of Zoning and Conditional Use Permit in the Princess Anne Borough, scheduled
for the June 24, 1997, City Council Session has been distributed to City Council. Councilman Baum
expressed concern relative moving forward with this zoning, when the Comprehensive Plan is not dear.
The issue of Transition Area III has not been resolved and shouM be prior to zoning considerations. This
proposed Pungo~lackwater Planing area states effective and affirmative agricultural preservation
strategies must be put into place; however, the Agricultural Reserve Program (ARP) is not even
mentioned. Councilman Baum believed this was a step backward. This Plan might not be presented to
City Council until October.
Councilman Baum cited the paragraph relative Alternative Land Use Considerations: "In the area south
of Indian River Road, applications such as golf courses with housing, retirement communities or
equestrian communities that are tax neutral or positive to the citizens can be considered positively if they
are an economic asset, enhance the quality of life in Virginia Beach and are not a detriment to the
agricultural industry."
Robert J. Scott, Director of Planning, advised relative Transition Area III, proposed guidelines have been
established and these are presently being reviewed by the Planning Commission. They have come to the
point of view that only one Transition Area is needed. The location and role of the Green Line should stay
the same. Conditions have changed in the City; however, there are many things pushing the improvement
of capital facilities north of the Green Line. Programs could not be recommended which would result in
commitment by the City for installing new capital facilities, except where they are related to a conscious
effort by the City Council to promote economic development, such as the Amphitheater. These positions
are being reviewed by the Planning Commission. As far as residential density, guidelines have been
proposed and are dependent on the facilities present today.
Council Lady Henley believed a strong commitment was made to the public last Spring that this
Comprehensive Plan was to have much public tnput.
Mr. Scott advised there will be open workshops for the public. The Planning Commission will consider
the plan during the second week of August.
May 27, 1997
- 11 -
CITY COUNCIL CONCERNS
ITEM # 42139
Council Lady Parker referenced meeting with Members of the School Board and Joe Buchanan of
Tidwater Community College, pertaining to the Technical Educational School, which has been proposed
in the Bayside area by former Councilman John Moss. Due to lack of funds, the school was unable to be
completed. The plan has resurrected itself with Superintendent Jenney, Dan Arris and Rosemary Wilson,
who are interested in developing the same proposal in the form of a technical training center in
conjunction with Tidewater Community College. The members are requesting a member of City Council
serve on the Steering Committee as a representative. Council Lady Parker volunteered to be the Council
representative. City Council concurred.
ITEM # 42140
Council Lady Henley referenced a proposed date for City Council's Retreat, and requested same in be
scheduled as soon as possible. Council Lady Henley is concerned relative some items discussed during
the Budget cycle.
ITEM # 42141
Council Lady Henley referenced correspondence relative False Cape Lodge with Council Lady Henley
as the City Council Project Team Member. Council Lady Henley said this was incorrect.
The City Manager advised the individuals involved in this project have requested to be SCHEDULED for
the City Council Session of June 10, 1997, to brief City Council relative the False Cape Lodge.
May 27, 1997
- 12-
ITEM # 42142
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEA CH CITY
COUNCIL in the City Council Conference Room, City Hall Budding, on Tuesday, May 27, 1997, at 5'30
P.M.
Council Members Present:
John A Baum, Lmwood O. Branch, III, William W Harrison, Jr, Harold
Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K Parker, Vtce Mayor Wtlliam D.
Sessoms, Jr and Loutsa M. Strayhorn
Council Members Absent:
None
May 27, 1997
- 13-
ITEM # 42145
Mayor Meyera E. Oberndorf, entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose:
PERSONNEL MA TTERS: Discussion or consideration of or intervtews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2.1-344 (A) (1).
Appointments - Boards and Commissions.
Advertising Advisory Committee
Hampton Roads Planning District Commtssion
Medical College of Hampton Roads
Social Services Board
Tidewater Community College Board
Tidewater Regional Group Home Commission
Virginia Beach Towing Advisory Board
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for pubhc purpose, or of
the disposition of publicly-held property, or of plans for the future of an
institution which could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A)(3).
To- Wit: Acquisition of Property
Virginia Beach Borough
LEGAL MA TTERS' Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
littgation, or other specific legal matters requesting the provision of legal
advice by counsel pursuant to Section 2.1-344(A)(7).
To-Wit:
The Endependence Center, Inc., et al v. City of Virignia Beach, et al
Upon motion by Vice Mayor Sessoms, seconded by Councd Lady Strayhorn, City Council voted to proceed
into EXECUTIVE SESSION (5:32 P.M.)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William ~ Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
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 27, 1997
- 14-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
May 27, 1997
6:50 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
· COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 27, 1997, at 6:50 P.M.
Council Members Present:
John ~4. Baum, Linwood O. Branch, III, William W. Harrison, Jr, Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor Wilham D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members ~4bsent:
None
INVOCATION..
The Reverend Harvey Turner
Kempsville Church of God
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, 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 .4ct, either individually or in his
capacity as an officer of Central Fidelity Bank. The Vice Mayor regularly makes this Disclosure as he may
or may not know of the Bank's interest in any application that may come before City Council. Vice Mayor
Sessoms' letter of January 1, 1997, is hereby made a part of the record.
May 27, 1997
- 15-
Item V-E.
CER TIFICA TION OF
EXECUTIVE SESSION
ITEM # 42144
Upon motion by Vice Mayor Sessoms, seconded by Councd Lady Parker, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
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,
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or constdered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
John A Baum, Ltnwood O. Branch, III, William W. Harrison, Jr., HaroM
Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan,
Mayor Meyera E. Oberndo~ Nancy K Parker, Vice Mayor William D
Sessoms, Jr and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent'
None
May 27, 1997
CERTIFICATION 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 # 42143 Page No. 13 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.
NOW, 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 winch tins 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.
R~ H~ CMC/AAE
City Clerk
May 27, 1997
- 16-
Item V-F. 1.
MINUTES
ITEM # 42145
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council APPROVED
the Minutes of the INFORMAL AND FORMAL SESSIONS of May 13, 1997.
Council Lady Parker referenced:
ITEM # 42107
Ordinance to TRANSFER $366,040from the Tourism Growth Investment
Fund (TGIF) Reserve for Contingencies to the FY 1996-1997 Operating
Budget to implement the Resort Area Trolley Pilot Program for the
upcoming tourist season:
a. $296,040 to the Department of Planning
b. $ 70,000 to the Department of Public Works
Council Lady Parker had registered a VERBAL NAY; however, after receiving all the information and
report concerning the Trolley Pilot Program, she believes the City Council voted correctly. Council Lady
Parker is aware she is unable to change her vote; however, her concerns have been alleviated and she
wtshed to make the statement for the record.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Ltnwood O. Branch, III, William W. Harrison, Jr,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S
McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and Vice
Mayor Wdliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louisa M. Strayhorn
May 27, 1997
-17-
Item V-G.
ADOPT A GENDA
FOR FORMAL SESSION
ITEM # 42146
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
May 27, 1997
- 18-
Item V-I. 1.
MA YOR 'S PRESENTATIONS
ITEM # 4214 7
Mayor O berndorf RECOGNIZED :
MISS VIR GINL4 BE~4 CH
Meghan Elizabeth Shanley
Meghan Shanley is a 1997 graduate of Princess ~4nne High School and will attend Elon College with a
major in Broadcast Journalism. Meghan was a Member of the 1996 Regional Champion Softball Team,
named WTKR Channel 3 Top Gun of the Week and was 1 of 10 girls chosen to cheer at the 1996 Hula
Bowl.
Mayor Oberndorf PRESENTED Meghan with a Pewter Cup bearing the City Seal.
May 27, 1997
- 19-
Item V-I. l.a.
MA YOR 'S PRESENT,4 TION
ITEM # 42148
Mayor Oberndorf RECOGNIZED :
KELLAM HIGH SCHOOL STUDENTS
Jenna Heidler
Kendrick Jacobs
Ryan Clukey
These students were attending the City Council Session as a requirement for their Government Class.
May 27, 1997
- 20 -
Item VoI. 2.
MA YOR 'S PRESENTATIONS
ITEM # 42149
Mayor O berndorf PR OCLAIMED :
May 27, 1997
PLAZA MIDDLE SCHOOL DA Y
Students at Plaza Middle School raised a total of $5,229.00 for Operation Smile. The funds were used
to bring Maureen Chemeli to Norfolk from Kenya by Operation Smile for reconstructive surgery. Maureen
was operated on earlier this month at Children's Hospital of the King's Daughters and is progressing well
in her recovery. The students raised the most money for Operation Smile than that raised by any Middle
School tn the country.
A token of apprectation bearing the City Seal was presented to the Nurse, Josephine Nyakiti.
Mayor Oberndorf RECOGNIZED:
PLAZA MIDDLE SCHOOL
Operation Smile
James W. Walker, Jr.
Principal
Students:
Jessica Lawheed
Jessica Hosang
Jessica McElligott
Ben Engstrand
Leann Fare
Teachers:
Mike Rawls
Eighth Grade Social Students
Barbara Wynn
Eighth Grade English Teacher
Patient:
Maureen Chemeli
Nurse from Kenya:
Josephine Nyakiti
May 27, 1997
- 21 -
Item V-L3.
MA YOR 'S PRESENTATIONS
ITEM # 42150
Mayor Oberndorf recognized the Rotary Foundation - Group Study Exchange Team from Israel. This
team arrived in Virginia on April 30, 1997, and began a four week tour of the Rotary District of Southeast
Virginia. The team is led by a Rotarian Medical doctor and consists of four young Israeli professional
and business persons. The Group Study Exchange ts an educational program of The Rotary Foundation,
which began in 1965 to promote peace and understanding through exchange visits. It began as a Cold
War effort and continues to serve a very worthwhile purpose in a troubled world.
Donald J. Meyer, District GSE Chairman - Rotary International, introduced the Team Leader and
members of the Group Study Exchange Team.
Team Leader
Dr. Dan Schiller
Team Members
Shay Hilel- Israel Air Force, Flight Test Engineer
Ephraim Rosenblatt- Instrumentation & Process Control Engineer
Ayelet Cohen - Managing Administrator- Jerusalem College
Joana Stamate - Software Engineer
Dr. Joseph Goring, Dean of Business School at Norfolk State University, has been coordinating the
program.
Dr Schiller presented Flags of the cities and the Emblems of Jerusalem and Haiti to the Mayor. Mayor
Oberndorf presented mementoes to each members of the Team.
May 27, 1997
- 22 -
Item V-L 3.
PUBLIC HEARING
ITEM # 42151
Mayor Oberndorf DECLARED A PUBLIC HEARING:
A GRICUL TURAL PRESER VA TIONPROGRAM (ARP)
Thomas C. and Judith C. Kay - 24. 75 Acres Pungo
Clyde W. Sr. and Janet G. Simons - 25.91 Acres Pungo
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
May 27, 1997
- 23 -
Item V-K.
ORDINANCES
ITEM # 42152
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED BY
CONSENT in ONE MOTION Ordinances 1, 2, 3, 4, 5, 6, 7, 8 and 9.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0 Branch, III, William W. Harrison, Jr. *,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan**, 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
**Council Lady McClanan voted a VERBAL NAY on Item 1. a. b.
*Counctlman Harrison ABSTAINED on Item 6, as hts law firm has provided legal servtces to Berkshire
Associates.
May 27, 1997
- 24 -
Item V-K. 1.
ORDINANCES
ITEM # 42153
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinances to authorize the acquisition of Agricultural Land
Preservation Easements (ARP) and the issuance by the City of its
contract obligations (PUNGO BOROUGH):
a. Thomas C. Kay and Judith C. Kay - 24. 75,4cres
Installment Purchase ,4greement No. 1997-8 - $126,956
b. Clyde W. Simons, Sr. and Janet G. Simons - 25 91 Acres
Installment Purchase Agreement No. 1997-9 - $ 23,156
Voting:
10-1 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E
Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
Reba S. McClanan
Council Members .4bsent.
None
May 27, 1997
AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
AGRICULTURAL LAND PRESERVATION EASEMENT AND THE
ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN
THE MAXIMUM PRINCIPAL AMOUNT OF $126,956.
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WHEREAS, pursuant to the Agricultural Lands Preservation
Ordinance (the "Ordinance"), Appendix J of the Code of the City of
Virginia Beach, there has been presented to the City Council for
approval an Installment Purchase Agreement for the acquisition of
the Development Rights (as defined in the Installment Purchase
Agreement, a true copy of which is hereto affixed) on certain
property located in the City and more fully described in Exhibit B
of the Installment Purchase Agreement for a purchase price of
$126,956; and
WHEREAS, the aforesaid Development Rights shall be acquired
through the acquisition of a perpetual agricultural land
preservation easement, as defined in, and in compliance with, the
requirements of the Ordinance; and
WHEREAS, the City Council has reviewed the proposed terms and
conditions of the purchase as evidenced by the Installment Purchase
Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. The City Council hereby determines and finds that the
proposed terms and conditions of the purchase of the Development
Rights pursuant to the Installment Purchase Agreement, including
the purchase price and manner of payment, are fair and reasonable
and in furtherance of the purposes of the Ordinance, and the City
Manager is hereby authorized to approve, upon or before the
execution and delivery of the Installment Purchase Agreement, the
rate of interest to accrue on the unpaid principal balance of the
purchase price set forth hereinabove as the greater of six per cent
(6%) per annum or the per annum rate which is equal to the yield on
United States Treasury STRIPS purchased by the City to fund such
unpaid principal balance; provided, however, that such rate of
interest shall not exceed 7.50% unless the approval of the City
Council by resolution duly adopted is first obtained.
2. The City Council hereby further determines that funding
is available for the acquisition of the Development Rights pursuant
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to the Installment Purchase Agreement on the terms and conditions
set forth therein.
3. The City Council hereby expressly approves the
Installment Purchase Agreement in the form and substance presented
at this meeting and, subject to the determination of the City
Attorney that there are no defects in title to the property or
other restrictions or encumbrances thereon which may, in the
opinion of the City Attorney, adversely affect the City's
interests, authorizes the City Manager to execute and deliver the
Installment Purchase Agreement in substantially the same form and
substance as presented at this meeting with such minor
modifications, insertions, completions or omissions which do not
materially alter the purchase price or manner of payment, as the
City Manager shall approve. The City Council further directs the
City Clerk to affix the seal of the City to, and attest same on,
the Installment Purchase Agreement. The City Council expressly
authorizes the incurrence of the indebtedness represented by the
issuance and delivery of the Installment Purchase Agreement.
4. The City Council hereby elects to issue the indebtedness
under the Charter of the City rather than pursuant to the Public
Finance Act of 1991 and hereby constitutes the indebtedness a
contractual obligation bearing the full faith and credit of the
City.
Adopted by the Council of the City of Virginia Beach,
27
Virginia, on this day of May , 1997.
Adoption requires an affirmative vote of a majority of all
members of the City Council.
CA-97-6646
ARP \purchase \ kay \ a cquis, orn
May 7, 1997
R-1
APPROVED AS TO CONTENT:
F~riuulture
APPROVED AS TO LEGAL
~aw Department
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CERTIF~IED AS TO -AVAILABILITY OF FUNDS:
D r Ct-or-~-Finance ,
THOMAS C. KAY
and
JUDITH C. KAY,
the "Seller"
and
CITY OF VIRGINIA BEACH, VIRGINIA
the "City"
INSTALLMENT PURCHASE AGREEMENT
(Agreement No. 1997-8)
TABLE OF CONTENTS
(This Table of Contents is not part of the Installment Purchase Agreement and is only for
convenience of reference)
REC~ALS ........................................... 1
AGREEMENTS ........................................ I
ARTICLE 1
DEFINITIONS
SECTION 1.1
SECTION 1.2
Definitions ............................... 1
Rules of Construction ....................... 4
ARTICLE 2
SALE AND PURCHASE OF DEVELOPMENT RIGHTS
SECTION 2.1
SECTION 2.2
Agreement to Sell and Purchase Development Rights .... 4
Delivery of Deed of Easement .................. 4
ARTICLE 3
PAYMENT OF PURCHASE PRICE
SECTION 3.1
SECTION 3.2
SECTION 3.3
Payment of Purchase Price ..................... 4
Registration and Transfer of this Agreement ......... 5
Mutilated, Lost, Stolen or Destroyed Agreement ....... 6
ARTICLE 4
REPRESENTATIONS AND WARRANTIES
SECTION 4.1
SECTION 4.2
Representations and Warranties of the City .......... 7
Representations and Warranties of the Seller ......... 7
ARTICLE 5
PROVISIONS RELATING TO EXCLUSION
OF INTEREST FROM INCOME FOR FEDERAL INCOME TAXATION
SECTION 5.1 Intent of City and Tax Covenant of City ............. 8
SEC-~ON 5.2 Acknowledgment of Seller with Regard to Tax
Consequences of Transaction ............................ 9
ARTICLE 6
THE REGISTRAR
SECTION 6.1
SECTION 6.2
SECTION 6.3
SECtiON 6.4
SECTION 6.5
Appointment of Registrar ..................... 9
Ownership of Agreement ..................... 9
Removal of Registrar and Appointment of
Successor Registrar ......................... 9
Qualifications of Successor Registrar .............. 10
Successor by Merger or Consolidation ............. 10
ARTICLE 7
MISCELLANEOUS
SECTION 7.1
SECTION 7.2
SECTION 7.3
SECTION 7.4
SECTION 7.5
SECTION 7.6
SECTION 7.7
SECTION 7.8
SECTION 7.9
SECTION 7.10
Successors of City ......................... 10
Parties in Interest .......................... 10
Binding Effect ............................ l0
Severability ............................. 11
Prior Agreements Cancelled; No Merger ........... 11
Amendments, Changes and Modifications ........... 11
No Personal Liability of City Officials ............. 11
Governing Law ........................... 11
Notices ................................ 11
Holidays ............................... 12
Signatures and Seals ..................................... 12
F_2CHIBIT A-
EXHIBIT B -
EXHIBIT C -
EXHIBIT D -
EXHIBIT E -
Form of Deed of Easement
Description of Land
Permitted Encumbrances
Form of Assignment
Transfer of Agreement - Schedule of Transferees
ii
INSTALLMENT PURCHASE AGREEMENT
(Agreement No. 1997-8)
THIS INSTANT PURCHASE AGREEMENT (this 'Agreement") is made
as of the day of , 199_ between Thomas C. Kay and Judith C. Kay
(collectively, the "Seller") and CITY OF VIRGINIA BEACH, VIRGINIA, a body politic
and corporate of the Commonwealth of Virginia (the 'City').
RECITALS
A. Pursuant to the authority granted by the Open-Space Land Act,
Chapter 17, Title 10.1 of the Code of Virginia of 1950, as mended (the "Act"), the City
adopted the Ordinance (hereinafter defined in Section 1.1) to promote and encourage the
preservation of agricultural land in designated areas within the southern portion of the
City.
B. In furtherance of the purposes of the Act and the Ordinance, the City
has established the Agricultural Reserve Program of the City which provides for the
acquisition of Development Rights (hereinafter defined in Section 1.1) through the
purchase of agricultural land preservation easements with respect to property located in
the portions of the City covered by the Ordinance.
C. The Seller is the owner in fee simple of Land (hereinafter defined in
Section 1.1) which is located in that portion of the City subject to the Ordinance and
meets the eligibility criteria of Section 7 of the Ordinance.
D. The Seller has agreed to sell, and the City has agreed to purchase,
Seller's Development Rights in the Land on and subject to the terms and conditions
hereinafter set forth.
AGREEMENTS
NOW, THEREFORE, in consideration of the foregoing and of the mutual
covenants and agreements hereinafter set forth, and for other good and valuable
consideration, the receipt and sufficiency whereof are hereby acknowledged, the Seller
and the City hereby agree as follows:
ARTICLE 1
DEFINITIONS
SECTION 1.1 Definitions. As used in this Agreement, the following terms
have the following meanings, unless the context clearly indicates a different meaning:
"Agricultural Use" means (i) the bona fide production of crops, animal or fowl,
including, but not limited to, the production of fruits, vegetables, honey, grains, meat,
poultry and dairy products, the raising of livestock and poultry, and the production and
harvest of products from horticultural, silvicultural or aquaeultural activity, (ii) the
repair, expansion or replacement of no more than one (1) bona fide dwelling occupied
by the landowner or tenant as of the date of application for entry in the Agricultural
Reserve Program and no more than one freestanding mobile home, as permitted by
Section 19-19 of the Virginia Beach City Code, and (iii) accessory uses directly related
to agricultural activities conducted on the same property, including the sale of
agricultural products as permitted by Section 401 of the Virginia Beach City Zoning
Ordinance. The term does not include the processing of agricultural, silvicultural,
horticultural or aquacultural products, except as an accessory use.
'Business Day' or 'business day' means a day on which (a) banks located in the
City and in the city in which the principal office of the Registrar is located are not
required or authorized by law or executive order to close for business, and Co) The New
York Stock Exchange is not closed.
'City" means the City of Virginia Beach, Virginia, a body politic and corporate
and a political subdivision created and existing under and by virtue of the Constitution
and laws of the State, its successors and assigns.
'City Council' means the Council of the City.
'City Manager' means the City Manager of the City.
"Code" means the Internal Revenue Code of 1986, as amended. Each reference
to the Code herein shall be deemed to include the United States Treasury Regulations in
effect or proposed from time to time with respect thereto.
'Deed of Easement' means the Deed of Easement of even date herewith from the
Seller to the City, which shall convey the Development Rights to the City in perpetuity.
The Deed of Easement shall be substantially in the form attached hereto as Exhibit A
and made a part hereof.
'Development Rights" mean the rights of the Seller in the Land to develop the
Land for any use other than an Agricultural Use. Development Rights shall include, but
not be limited to, the right to develop the Land for any commercial, industrial or
residential use except as expressly permitted by the Ordinance.
'Enabling Legislation" means, collectively, (1) the Open Space Land Act,
Chapter 17 of Title 10.1 of the Code of Virginia of 1950, as amended, and (2) the
Ordinance.
"Estate Settlement Transfer" means the transfer by the legal representative of the
estate of a deceased Seller of such Seller's rights in and to this Agreement in connection
with the distribution of the deceased Seller's estate or other settlement of such decedent
Seller's estate.
"Interest Payment Date" means June 1 and December 1 in each year, commencing
, 199 .
"Land" means the tract or tracts of land located in Virginia Beach, Virginia,
containing approximately 24.75 acres, and more particularly described in Exhibit B
attached hereto and made a part hereof.
"Ordinance" means the Agricultural Lands Preservation Ordinance adopted by the
City Council on May 9, 1995, as Appendix J to the City Code, as the same may be
amended or modified from time to time.
"Permitted Encumbrances" mean the encumbrances listed on Exhibit C attached
hereto and made a part hereof and any encumbrances on or with respect to the Land or
any portion thereof hereafter approved, in writing, by the City.
"Person" or "person" means any natural person, firm, association, corporation,
company, trust, partnership, public body or other entity.
"Purchase Price" means $126,956, the purchase price to be paid by the City to
the Registered Owner in accordance with this Agreement.
"Record Date" means the fifteenth (15th) day (whether or not a Business Day) of
the calendar month immediately preceding each Interest Payment Date and the principal
payment date.
"Registered Owner" means the registered owner of this Agreement as shown on
the registration books maintained by the Registrar.
"Registrar" means First Union National Bank of Virginia or any other person
hereat~ appointed by the City to act as Registrar and paying agent for this Agreement.
"Seller" means, collectively, Thomas C. Kay and Judith C. Kay.
"State" means the Commonwealth of Virginia.
SECTION 1.2
Rules of Construction.
(a) The words "hereof,N Nherein,' *hereunder,' 'hereto,' and other
words of similar import refer to this Agreement in its entirety.
(b) The texms "agree" and "agreements' contained herein are intended
to include and mean 'covenant" and 'covenants. '
(c) References to Articles, Sections, and other subdivisions of this
Agreement are to the designated Articles, Sections, and other subdivisions of this
Agreement.
(d) The heo_._dings of this Agreement are for convenience only and shall
not define or limit the provisions hereof.
(e) All references made (i) in the neuter, rnaseuline or feminine gender
shall be deemed to have been made in all such genders, and (ii) in the singular or plural
number shall be deemed to have been made, respectively, in the plural or singular
number as well.
ARTICLE 2
SALE AND PURCHASE OF DEVELOPMENT RIGHTS
SECTION 2.1 Agreement to Sell and Purchase Development Rights. The
Seller agrees to sell the Development Rights in the Land to the City and the City agrees
to purchase the Development Rights in the Land from the Seller on the date hereof for
the Purchase Price.
SECTION 2.2 Delivery of Deed of Easement. In order to evidence the
sale of the Development Rights to the City, the Seller shall execute and deliver to the
City on the date hereof the Deed of Easement in the form attached hereto as Exhibit A
and made a part hereof. The Deed of Easement shall be recorded in the Clerk's Office
of the Circuit Court of the City.
ARTICLE 3
PAYMENT OF PURCHASE PRICE
SECTION 3.1
Payment of Purchase Price.
(a) The City shall pay the principal portion of the Purchase Price to
the Registered Owner in a single installment on , 202_ [25-year
maturity date]. The Purchase Price is $126,956.
(b) Interest on the unpaid principal balance of the Purchase Price shall
accrue from the date of recordation of the Deed of Easement and shall be payable to the
Registered Owner on ., 199_, and semiannually thereafter on June 1 and
December 1 in each year to and including ,202_, at the rate of 55 per
annum. Interest shall be calculated on the basis of a 360-day year of twelve 30-day
months.
(c) Both the single installment of principal of the Purchase Price and
the interest on the unpaid balance thereof are payable in lawful money of the United
States of America at the time of payment.
(d) Payment of interest on the unpaid balance of the Purchase Price
shall be made by the City on each Interest Payment Date to the Registrar. The Registrar
shall forward all such interest payments by check or draft mailed to the person(s)
appearing on the registration books of the City maintained by the Registrar as the
Registered Owner on the Record Date, at the address of such Registered Owner as it
appears on such registration books. The single installment of principal of the Purchase
Price shall be paid on the principal payment date set forth in Subsection (a) above by the
Registrar to the Registered Owner as of tl~ Record Date upon presentation and surrender
of this Agreement at the office of the Registrar.
(e) The City's obligation to pay the Purchase Price hereunder and to
pay interest on the unpaid balance of the Purchase Price is a general obligation of the
City, and the full faith and credit and the unlimited taxing power of the City are
irrevocably pledged to the punctual payment of the Purchase Price and the interest on the
unpaid principal balance of the Purchase Price as and when the same respectively become
due and payable.
SECTION 3.2
R~gistration and Transfer of this Agreement.
(a) Until the Purchase Price and all interest thereon have been paid in
full, the City shall maintain and keep at the offices of the Registrar, registration books
for the registration and transfer of this Agreement; and upon presentation of this
Agreement for such purpose at the offices of the Registrar, the Registrar shall register
or cause to be registered on such registration books, and permit to be transferred thereon,
under such reasonable regulations as the City or the Registrar may prescribe, the
ownership of this Agreement. The Registrar, however, shall not be required to make any
such registration and transfer during the period from the Record Date to the next
succeeding Interest Payment Date or final principal payment date.
(b) Except for an Estate SeRlement Transfer, this Agreement may not
be transferred by the Registered Owner prior to the expiration of a one (1) year period
from the date this Agreement has been fully executed, delivered and become effective,
and any such attempted transfer shall be null and void. The Registrar shall be instructed
not to make any such transfers (other than an Estate Settlement Transfer) on its
registration books kept for the purpose of registering the transfer of this Agreement prior
to the expiration of said one (1) year period.
(c) The Seller is the original Registered Owner. This Agreement shall
be transferable only upon the books of the City maintained for such purpose by the
Registrar, at the written request of the Registered Owner as then shown on such
registration books or his attorney duly authorized in writing, upon presentation and
surrender of this Agreement, together with a written instrument of transfer substantially
in the form attached hereto as Exhibit D, or as may otherwise be satisfactory to and
approved by the Registrar in writing, duly executed by the Registered Owner or his
attorney duly authorized in writing. Upon the surrender for transfer of this Agreement,
the Registrar shall complete the Schedule of Transferees attached hereto as Exhibit E
with the name, address and tax identification number of the transferee Registered Owner,
and the date of the transfer; provided, however, that if there is any conflict between the
information set forth in Exhibit E hereto and the registration books maintained by the
Registrar, the information shown on such registration books shall control.
The City and the Registrar may deem and treat the person in whose name this
Agreement is registered upon the books of the City maintained by the Registrar as the
absolute owner of this Agreement, whether any payments hereunder shall be overdue or
not, for the purpose of receiving payment of, or on account of, the Purchase Price and
interest thereon and for all other purposes, and all such payments so made to any such
Registered Owner or upon his order shall be valid and effectual to satisfy and discharge
the liability upon this Agreement to the extent of the sum or sums so paid, and neither
the City nor the Registrar shall be affected by any notice to thc contrary.
For every registration of transfer of this Agreement, the City or the Registrar may
make a charge sufficient to reimburse themselves for any tax or other governmental
charge required to be paid with respect to such exchange or transfer, which sum or sums
shall be paid by the person requesting such transfer as a condition precedent to the
exercise of the privilege of registering such transfer.
SECTION 3.3 Mutilated. Lost. Stolen or Destroyed Agreem~r~l. In the
event that this Agreement is mutilated, lost, stolen or destroyed, the City and the
Registered Owner (as then shown on the registration books maintained by the Registrar)
shall execute and deliver a substitute agreement having the same terms and provisions
as the mutilated, lost, stolen or destroyed Agreement; provided that, in the ease of any
mutilated Agreement, such mutilated Agreement shall first be surrendered to the
Registrar, and, in the case of any lost, stolen or destroyed Agreement there shall be first
furnished to the City and the Registrar evidence of such loss, theft or destruction
satisfactory to the City and the Registrar, together with indemnity satisfactory to each of
them in their sole discretion. The City and the Registrar may charge the Registered
Owner requesting such new Agreement their expenses and reasonable fees, if any, in this
connection. If after the delivery of such substitute Agreement, a bona fide purchaser of
the original Agreement (in lieu of which such substitute Agreement was issued) presents
for payment such original Agreement, the City and the Registrar shall be entitled to
recover such substitute Agreement from the person to whom it was delivered or any
other person who receives delivery thereof, except a bona fide purchaser, and shall be
entitled to recover upon the security or indemnity provided therefor or otherwise to the
extent of any loss, damage, cost or expense incurred by the City and the Registrar in
connection therewith.
ARTICLE 4
KEP~~ATIONS AND WARRANTIES
SECTION 4.1 Representations and Warranties of the City. The City makes
the following representations and warranties:
of the State.
(a) The City is a body politic and corporate and a political subdivision
(b) The City has the necessary power and authority to acquire the
Development Rights, to enter into this Agreement, to perform and observe the covenants
and agreements on its part contained in this Agreement and to carry out and consummate
all transactions contemplated hereby. By proper action, the City has duly authorized the
execution and delivery of this Agreement.
(c) This Agreement has been duly and properly authorized, executed,
sealed and delivered by the City, constitutes the valid and legally binding obligation of
the City, and is enforceable against the City in accordance with its terms.
(d) There are no proceedings pending or, to the knowledge of the City,
threatened before any court or administrative agency which may affect the authority of
the City to enter into this Agreement.
SECTION 4.2 Ret~resentafions and Warranties of the Seller.
--
makes the following representations and warranties:
The Seller
(a) The Seller has full power and authority to execute and deliver this
Agreement and the Deed of Easement, and to incur and perform the obligations provided
for herein and therein. No consent or approval of any person or public authority or
regulatory body is required as a condition to the validity or enforceability of this
Agreement or the Deed of Easement, or, if required, the same has been duly obtained.
(b) This Agreement and the Deed of Easement have been duly and
properly executed by the Seller, constitute valid and legally binding obligations of the
Seller, and are fully enforceable against the Seller in accordance with their respective
terms.
(c) There is no litigation or proceeding pending or, so far as the Seller
knows, threatened before any court or administrative agency which, in the opinion of the
Seller, will materially adversely affect the authority of the Seller to enter into, or the
validity or enforceability of, this Agreement or the Deed of Easement.
(d) There is (i) no provision of any existing mortgage, indenture,
contract or agreement binding on the Seller or affecting the Land, and (ii) to the
knowledge of the Seller, no provision of law or order of court binding upon the Seller
or affecting the Land, which would conflict with or in any way prevent the execution,
delivery, or performance of the terms of this Agreement or the Deed of Easement, or
which would be in default or violated as a result of such execution, delivery or
performance, or for which adequate consents, waivers or, if necessary, releases or
subordinations, have not been obtained.
(e) There exist no liens, security interests or other encumbrances on
or with respect to the Land (other than Permitted Encumbrances), and at the time of
execution and delivery of the Deed of Easement there will be no liens, security interests
or other encumbrances of the Development Rights to be conveyed thereby.
(f) The Seller is not a nonresident alien of the United States of
America for purposes of federal income taxation.
(g) The Social Security Number(s) of the Seller are 205-24-4508 (for
Thomas C. Kay) and 184-30-5106 (for Judith C. Kay).
The representations in subsections (f) and (g) above are made under penalties of perjury
and the information contained therein may be disclosed by the City to the Internal
Revenue Service. The Seller acknowledges that any false statement in such subsections
could be punished by fine, imprisonment or both.
(h) To the best of the knowledge, information and belief of the Seller,
the Land has not been used for the manufacture, storage, treatment, disposal or release
of any hazardous waste or substance.
ARTICLE 5
PROVISIONS RELATING TO EXCLUSION
OF IlqTF_R~T FROM INCOME FOR FEDERAL INCOME TAXATION
SECTION 5.1 Intent of City_ and Tax Covenant of City.. The City intends
that the interest payable under this Agreement shall not be includable in the gross income
of the Registered Owner for purpo~ of federal income taxation pursuant to Section 103
of the Code. Accordingly, the City shall not knowingly take or permit to be taken any
other action or actions or omit or fail to take any action, which would cause this
Agreement to be an "arbitrage bond" within the meaning of Section 148 of the Code, or
which would othexwise cause interest payable under this Agreement to become includable
in the gross income of any Registered Owner for purposes of federal income taxation.
SF.L"rION 5.2 Acknowledgment of Seller with Regard to Tax
(~onseo_ilences of Transaction. The Seller has received an opinion from Kaufman &
Canoles, P.C., Bond Counsel, dated the date hereof, to the effect that under existing
laws, regulations, rulings and decisions, interest payable under this Agreement is not
includable in the gross income of the Seller for federal income tax purposes, which
opinion assumes continuous compliance with certain covenants in the Tax Certificate and
Compliance Agreement to be executed and delivered by the City on the date of delivery
of this Agreement and is otherwise limited in accordance with its terms. The Seller
acknowledges that Seller has made Seller's own independent investigation and has
consulted with such attorneys, accoun~ts and others as the Seller shall have selected in
the Seller's sole discretion to advise the Seller with respect to all other tax considerations
related to the transaction contemplated hereby (including, but not limited to, installment
sales treatment under Section 453 of the Code, charitable contribution deductions under
Section 170 of the Code, and federal estate tax implications); and the Seller certifies that
the Seller has not looked to or relied upon the City or any of its officials, agents or
employees, or to Bond Counsel, with respect to any of such matters.
ARTICLE 6
THE REGISTRAR
SECTION 6.1 Aooointment of Reeistrar. First Union National Bank of
Virginia is hereby designated and appointed to act as Registrar for this Agreement.
SECTION 6.2 Ownership of Agreement. The Registrar, in its individual
capacity or as trustee for holders of participation interests in this Agreement, may in
good faith buy, sell, own and hold this Agreement, and may join in any action which any
Registered owner may be entitled to take with like effect as if it did not act as Registrar
hereunder. The Registrar, in its individual capacity, either as principal or agent, may
also engage, or have an interest, in any financial or other transaction with the City, and
may act as depository, trustee or agent for other obligations of the City as freely as if it
did not act in any capacity hereunder.
SECTION 6.3 Removal of Reeistrax and Am~ointment of Successor
--
]~gilll~. The City shall have the right, subject to the terms of any agreement with the
Registrar, to remove the Registrar any time by filing with such Registrar to be removed,
and with the Registered Owner, an instrument in writing. Notwithstanding the foregoing,
such removal shall not be effective until a successor Registrar has assumed the
Registrar's duties hereunder. The City shall have the sole fight to select a successor
Registrar.
SECTION 6.4 Oualifications 9t' Sugcessor Registrar. Any successor
Registrar shall be either (a) the Department of Finance of the City, Co) an officer or
employee of the City, or (c) a bank, trust company or other financial institution duly
organized under the laws of the United States or any state or territory thereof which is
authorized by law and permitted under the laws of the State to perform all the duties
imposed upon it as Registrar by this Agreement.
SECTION 6.5 Sucqessor by Merger or Consolidation. If the Registrar is
a bank, trust company or other financial institution, any institution or corporation into
which the Registrar hereunder may be merged or converted or with which it may be
consolidated, or any corporation resulting from any merger or consolidation to which the
Registrar hereunder shall be a party or any institution or corporation succeeding to the
corporate trust business (if any) of the Registrar, shall be the successor Registrar under
this Agreement, without the execution or filing of any paper or any further act on the
part of the parties hereto, anything in this Agreement to the contrary notwithstanding.
ARTICLE 7
MISCELLANEOUS
SECTION 7.1 Successors of City. In the event of the dissolution of the
City, all the covenants, stipulations, promises and agreements in this Agreement
contained, by or on behalf of, or for the benefit of, the City, the Seller, any other
Registered Owner and the Registrar, shall bind or inure to the benefit of the successors
of the City from time to time and any entity, officer, board, commission, agency or
instrumentality to whom or to which any power or duty of the City shall be transferred.
SECTION 7.2 Parties in Interest. Except as herein otherwise specifically
provided, nothing in this Agreement expressed or implied is intended or shall be
construed to confer upon any person, firm or corporation, other than the City, the Seller,
any other Registered Owner and the Registrar, any fight, remedy or claim under or by
reason of this Agreement, this Agreement being intended to be for the sole and exclusive
benefit of the City, the Seller, any other Registered Owner from time to time of this
Agreement and the Registrar.
SECTION 7.3 Binding Effe~[. This Agreement shall be binding upon and
inure to the benefit of the parties hereto, their respective heirs, personal representatives,
successors and assigns, including, without limitation, all Registered Owners from time
to time of this Agreement.
10
SECTION 7.4 ~~l~i~t. In case any one or more of the provisions of
this Agreement shall, for any reason, be held to be illegal or invalid, such illegality or
invalidity shall not affect any other provisions of this Agreement and this Agreement
shall be construed and enforced as if such illegal or invalid provisions had not been
contained herein or therein.
SECTION 7.5 Prior Agreements Cancelled: No Merger. This Agreement
shall completely and fully supersede all other prior agreements, both written and oral,
between the City and the Seller relating to the acquisition of the Development Rights.
Neither the City nor the Seller shall hereafter have any rights under such prior
agreements but shall look solely to this Agreement and the Deed of Easement for
definitions and determination of all of their respective fights, liabilities and
responsibilities relating to the Land, the Development Rights and the payment for the
Development Rights. In addition, this Agreement shall survive the execution and
recording of the Deed of Easement in all respects and shall not be merged therein.
SECTION 7.6 Alll~rglments. Changes and Modifications. This Agreement
may not be amended, changed, modified, altered or terminated except by an agreement
in writing between the City and the then Registered Owner. An executed counterpart of
any such amendment shall be attached to this Agreement and shall be binding upon such
Registered Owner and all successor Registered Owners.
SECTION 7.7 No Personal Liability of City Officials. No covenant or
agreement contained in this Agreement shall be deemed to be the covenant or agreement
of any official, officer, agent or employee of the City in his or her individual capacity,
and neither the officers or employees of the City nor any official executing this
Agreement shall be liable personally on this Agreement or be subject to any personal
liability or accountability by reason of the issuance thereof.
SECTION 7.8 Governing Law. The laws of the State shall govern the
construction and enforcement of this Agreement.
SECTION 7.9 Notices. Except as otherwise provided in this Agreement,
all notices, demands, requests, consents, approvals, certificates or other communications
required under this Agreement to be in writing shall be sufficiently given and shall be
deemed to have been properly given three Business Days after the same is mailed by
certified mail, postage prepaid, return receipt requested, addressed to the person to whom
any such notice, demand, request, approval, certificate or other communication is to be
given, at the address for such person designated below:
City:
City Manager
Municipal Center
Virginia Beach, VA 23456
11
with a copy to:
Seller:
City Attorney
Municipal Center
Virginia Beach, VA 23456
Thomas C. Kay and ludith C. Kay
1641 Princess Anne Road
Virginia Beach, Virginia 23457
Registrar:
First Union National Bank of Virginia
Corporate Trust Department
2nd Floor
901 East Cary Street
Richmond, Virginia 23219
Any of the foregoing may, by notice given hereunder to each of the others, designate any
further or different addresses to which subsequent notices, demands, requests, consents,
approvals, certificates or other communications shall be sent hereunder.
SECTION 7.10 Holidays. If the date for making any payment or the last
date for performance of any act or the exercising of any right, as provided in this
Agreement, shall not be a Business Day, such payment may, unless otherwise provided
in this Agreement, be made or act performed or right exercised on the next succeeding
Business Day with the same force and effect as if done on the nominal date provided in
this Agreement, and in the case of payment no interest shall accrue for the period after
such nominal date.
WITNESS the signatures and seals of the parties hereto as of the date first above
written.
[CITY'S SEAL]
CITY OF VIRGINIA BEACH, VIRGINIA
ATTEST: By:
James K. Spore, City Manager
City Clerk
12
Thomas C. Kay
(SEAL)
Judith C. Kay
(SEAL)
Approved as to Legal
Sufficiency:
Approved as to Sufficiency of
Funds:
Deputy City Attorney
Director, Department of Finance
COMMONWEALTH OF VIRGINIA
AT LARGE, to-wit:
The foregoing instrument was acknowledged before me in the City of Virginia
Beach, Virginia, this ~___ day of , 19 , by James K. Spore,
City Manager of the City of Virginia Beach, Virginia, and attested to by
, City Clerk of the City of Virginia Beach, Virginia, on
its behalf.
(SEAL)
My Commission Expires:
Notary Public
13
COMMONWEALTH OF VIRGINIA
AT LARGE, to-wit:
The
foregoing instrument was acknowledged before
, Virginia, this
, 19 , by Thomas C. Kay.
me in
the City of
day of
(SEAL)
My Commission Expires:
Notary Public
COMMONWEALTH OF VIRGINIA
AT LARGE, to-wit:
The foregoing instrument
, 19
was acknowledged before
, Virginia, this
, by Judith C. Kay.
me in
the City of
day of
(SEAL)
My Commission Expires:
Notary Public
14
Th~s ~nstrument was prepared by
V~rg~ma Beach City Attorney's Office
Exemptxon Clmmed' § 58 1-81 l(A)(3)
§ 58.1-811 (C)(4)
DEED OF EASEMENT
Exhibit A
THIS DEED OF EASEMENT is made th~s . day of ,1997, by
and between THOMAS C. KAY and JUDITH C. KAY, husband and w~fe (collectively, the
"Grantor"), and CITY OF VIRGINIA BEACH, VIRGINIA, a body politic and corporate of
the Commonwealth of V~rg~ma (the "C~ty") whose address ~s Municipal Center, V~rg~ma
Beach, V~rgima 23456, Grantee.
RECITALS
WHEREAS, pursuant to the authority granted by the Open-Space Land Act,
Chapter 17, Title 10.1 of the Code of V~rg~ma of 1950, as amended (the "Act"), the C~ty
adopted the Agricultural Lands Preservation Ordinance (the "Ordinance") as Appendix J to
the Code of the C~ty of V~rg~ma Beach, Vlrg~ma, as amended (the "C~ty Code"), to promote
and encourage the preservatmn of agricultural land in designated areas w~thin the southern
port~on of the City; and
WHEREAS, in furtherance of the purposes of the Act and the Ordinance, the City has
estabhshed the Agricultural Reserve Program of the City wtuch provides for the acqms~t~on
of development rights through the purchase of agricultural land preservation easements with
respect to property located ~n the portmns of the C~ty covered by the Ordinance, and
WHEREAS, the Grantor ~s the owner ~n fee s~mple of certmn agricultural real
property located ~n the C~ty and more particularly described ~n Exhibit A hereto (the
"Land"), and
·
WHEREAS, the Land ~s located in that portion of the City subject to the Ordinance
and meets the ehg~bflity criteria of Section 7 of the Ordinance, and
WHEREAS, the Grantor has agreed to sell to the City the Grantor's Development
Pughts (hereinafter defined) in the Land by executing and dehvenng th~s Deed of Easement
and thereby restrict the use of the Land as described herein; and
GPIN 2402-87-5347
WHEREAS, the City has agreed to purchase the Grantor's Development R~ghts in the
Land to fulfill the pohcy and purposes of the City as set forth in the Act and the Ordinance,
and
WHEREAS, the transfer by the Grantor of the Development Pdghts in the Land shall
be in perpetuity, and
WHEREAS, ~n order to provide for the payment of the purchase price for the rights
in the Land created hereby, the Grantor and the City have entered into an Installment
Purchase Agreement of even date herewith (the "Installment Purchase Agreement"),
GRANT
NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS
($1000), the covenants and promises contained herein and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor,
for Grantor, Grantor's heirs, personal representatives, devisees, successors and assigns, and
for any subsequent owner of the Land does hereby grant and convey, with general warranty
and English covenants of title, unto the City, and its successors and assigns, forever and in
perpetuity, an agricultural land preservation easement In, on, over and with respect to the
Land restricting the Land to Agricultural Use and in furtherance thereof, does hereby grant
and convey, with general warranty and English covenants of title, to the City, and 1ts
successors and assigns, forever and in perpetuity, all of the Development Pdghts with respect
to the Land
TERMS, COVENANTS, CONDITIONS AND AGREEMENTS
A. The Grantor for Grantor, Grantor's heirs, personal representatives, devisees,
successors and assigns covenants with the City, (1) to refrain from engaging in any act or
activity, or permitting to occur or suffenng to exist any act or activity upon the Land which
would constitute the exercise of a Development Right or a use other than an Agricultural
Use, it being the intention of t. he parties that the Land shall be preserved for Agricultural Use
in accordance wlth the provisions of the Ordinance; and (2) that this Deed of Easement shall
create a perpetual easement, running with the Land and all portions thereof as an incorporeal
and nonpossessory ~nterest therein, enforceable against the Grantor and upon any purchaser,
grantee, lessee, owner or other transferee of all or any portion of the Land and any other
person or entity having any right, title or interest therein and upon their respective heirs,
personal representatives, devisees, successors and assigns; and (3) that the covenants,
conditions, hmltatlons and restrictions contained herein are Intended to limit the use of the
Land as herein set forth.
B. The parties, for themselves, their heirs, personal representatives, devisees,
successors and assigns, further covenant and agree as follows.
(1) As used in this Deed of Easement the term "Development Rights"
shall mean the right to develop the Land for any use, including without limitation, any
commercial, industrial or residential use, other than for Agricultural Use.
(2) As used in this Deed of Easement the term "Agricultural Use" means
(i) the bona fide production of crops, animal or fowl, including, but not limited to, the
production of fruits, vegetables, honey, grains, meat, poultry and dairy products, the raising
of livestock and poultry, and the production and harvest of products from horticultural,
silvicultural or aquacultural activity, (ii) the repair, expansion or replacement of no more than
one (1) bona fide dwelling occupied by the landowner or tenant as of the date of application
for entry in the Agricultural Reserve Program and no more than one freestanding mobile
home, as permitted by Section 19-19 of the City Code, and (iii) accessory uses directly
related to agricultural activities conducted on the same property, including the sale of
agricultural products as permitted by Section 401 of the City Zoning Ordinance. The term
does not include the processing of agricultural, silvicultural, horticultural or aquacultural
products, except as an accessory use
(3) This Deed of Easement does not grant the public any right of entry or
access or any rights of use of the Land.
(4) THIS EASEMENT SHALL EXIST IN PERPETUITY AND RUN
WITH THE ENTIRE ACREAGE OF THE LAND.
(5) The purpose of this Deed of Easement shall be to (i) promote and
encourage the preservation of farmland, and promote and enhance agriculture as an important
industry within the City, (ii) preserve the rural character of the southern part of the City,
(iii) conserve and protect environmentally sensitive lands, waters and other resources,
(iv) reduce and defer the need for major infrastructure improvements in the southern part of
the City and the expenditure of public funds for such improvements, (v) preserve open
spaces, and (vi) assist in shaping the character, direction and timing of community
development.
(6) In th~ event of a violation or attempted violation of any of the
provisions hereof, the City and its successors and assigns, may institute and prosecute any
proceeding at law or in equity to enforce the provisions hereof or to abate, prevent or enjoin
any such violation or attempted violation.
WITNESS, the hand and seal of the Grantor as of the date first above written.
GRANTOR:
Thomas C. Kay
(SEAL)
Judith C. Kay
(SEAL)
COMMONWEALTH OF VIRGINIA
AT LARGE, to-w~t
The foregoing instrument was acknowledged before me ~n the Ctty of V~rglma
Beach, Vlrglma, this day of , 1997, by Thomas C. Kay and
Judith C. Kay, Grantor.
(SEAL)
My Commission Expires:
Notary Pubhc
EXHIBIT A
ALL THAT certatn tract, piece or parcel of land, with the
buildings and improvements thereon, situate and being m the
City of Virginia Beach, Virginia and designated as "71.31
Acres +", as shown on the plat entitled "Survey of Property
of Willie W. Bell Est, W. B. 8 P. 233 and D. B. 61 P. 15,
Pungo Borough, Virginia Beach, VA., Scale: 1"=200', 1 June
1977" made by Gallup Surveying, Ltd., and recorded in the
Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia in Deed Book 2645, at page 836, reference to
which is hereby made for a more particular description
thereof.
LESS AND EXCEPT that portion of the above described
property conveyed to Matthew B. Slate and Michael E. Lee,
dated September 7, 1994, and recorded in the aforesaid
Clerk's Office in Deed Book 3432, at page 186, as shown in
Map Book 231, at page 100, and amended in Map Book 245,
at page 57.
LESS AND EXCEPT that portion of the above described
property designated "Cemetery" as shown on the aforesaid
plat recorded in the aforesaid Clerk's Office in Map Book
2645, at page 836
LESS AND EXCEPT all portions of the above-described
property, if any, which contain any of the following soil
types: (1) Back Bay Mucky Peat; (2) Dorovan Mucky Peat;
(3) Nawney Silt Loam; or (4) Pamlico Mucky Peat, Ponded.
[LESS AND EXCEPT that certain tract, piece or parcel being
a portion of the above described property designated and
described as "#" as shown on that certain plat entitled: "#",
Scale #" = #', dated #, prepared by #, which plat is attached
hereto and recorded simultaneously herewith.]
IT BEING a part of the same property conveyed to Thomas
C Kay, et ux, from Thomas C. Kay, et ux, by deed of gift
dated March 6, 1989, duly recorded in the aforesaid Clerk's
Office in Deed Book 2813, at page 947.
EXHIBIT B
ALL THAT certain tract, piece or parcel of land, with the buildings
and improvements thereon, situate and being in the City of
Virginia Beach, Virginia and designated as "71.31 Acres +", as
shown on the plat entitled "Survey of Property of Willie W. Bell
Est., W. B. 8 P. 233 and D. B. 61 P. 15, Pungo Borough, Virginia
Beach, VA., Scale: 1"--200', 1 June 1977" made by Gallup
Surveying, Ltd., and recorded in the Clerk's Office of the Circuit
Court of the C~ty of Vlrglma Beach, Virginia in Deed Book 2645,
at page 836, reference to which ~s hereby made for a more
particular description thereof.
LESS AND EXCEPT that portion of the above described property
conveyed to Matthew B. Slate and Michael E. Lee, dated
September 7, 1994, and recorded in the aforesaid Clerk's Office in
Deed Book 3432, at page 186, as shown in Map Book 231, at page
100, and amended in Map Book 245, at page 57.
LESS AND EXCEPT that portion of the above described property
designated "Cemetery" as shown on the aforesaid plat recorded in
the aforesaid Clerk's Office in Map Book 2645, at page 836.
LESS AND EXCEPT all portions of the above-described property,
if any, which contain any of the following soil types: (1) Back Bay
Mucky Peat; (2) Dorovan Mucky Peat; (3) Nawney Silt Loam; or
(4) Pamlico Mucky Peat, Ponded.
[LESS AND EXCEPT that certain tract, piece or parcel being a
port~on of the above described property designated and described
as "#" as shown on tl~at certain plat entitled: "#", Scale #" = #',
dated #, prepared by #, which plat is attached hereto and recorded
simultaneously herewith ]
IT BEING a part of the same property conveyed to Thomas C.
Kay, et ux, from Thomas C. Kay, et ux, by deed of gift dated
March 6, 1989, duly recorded in the aforesaid Clerk's Office in
Deed Book 2813, at page 947.
EXHIBIT "C"
PERMITTED ENCUMBRANCES
,
Taxes for the fiscal year 1996/1997 and any/all Stormwater fees, which are liens not yet due
and payable, and taxes and stormwater fees for all subsequent billing periods.
2. Roll Back Taxes.
3,
Easement granted Virginia Electric and Power Company over the subject property, as
established by instrument recorded in the Clerk's Office of the Circuit Court of the City of
V~rgima Beach in Deed Book 412, at page 121.
,
Easement granted Virgima Electric and Power Company over the subject property, as
established by instrument recorded in the aforesaid Clerk's Office in Deed Book 424, at page
213.
,
Easement granted Virginia Electric and Power Company over the subject property, as
established by instrument recorded in the aforesaid Clerk's Office in Deed Book 2925, Page
830.
,
Easement granted to Princess Anne Telephone over the subject property, as established by
instrument recorded in the aforesaid Clerk's Office in Deed Book 243, Page 321.
,
Such other restrictions and encumbrances which, in the opinion of the City Attorney, do not
adversely affect the interest of the City of Virginia Beach in and to the agricultural land
preservation easement and the rights granted to the City in the Deed of Easement.
ASSIGNMENT
EXHIBIT D
FOR VALUE RECEIVED, and
([collectively,] the "Registered Owner") hereby sell[s], assign[s] and transfer[s] unto
, without recourse, all of the Registered Owner's
right, title and interest in and to the Installment Purchase Agreement to which this
Assignment is attached; and the Registered Owner hereby irrevocably directs the
Registrar (as defined in such Agreemen0 to transfer such Agreement on the books kept
for registration thereof. The Registered Owner hereby represents, warrants and certifies
that there have been no amendments to such Agreement [except
1.
Date:
Signature guaranteed:
NOTICE: Signature must be
guaranteed by a member firm of
the New York Stock
Exchange or a commercial
bank or trust company.
NOTICE: The signature on this
Assignment must correspond with
the name of the Registered Owner
as it appears on the registration
books for the Installment Purchase
Agreement referred to herein in every
paxticular, without alteration or
enlargement or any change whatever.
18
EXHIBIT E
TRANSFER OF AGREEMENT - SCHEDULE OF TRANSFEREES
The transfer of this Installment Purchase Agreement may be registered only by
the Registered Owner under such Agreement in person or by its duly authorized officer
or attorney upon presentation hereof to the Registrar, who shall make note thereof in the
books kept for such purpose and in the registration blank below.
,
Date of
Registration of
Transfer
Name and
Address of
Transferee
Registered Seller
Tax I.D. No.
of Transferee
Signature of Registrar
e
ge
e
19
AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
AGRICULTURAL LAND PRESERVATION EASEMENT AND THE
ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN
THE MAXIMUM PRINCIPAL AMOUNT OF $23,156
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
3O
31
32
33
34
35
36
37
38
WHEREAS, pursuant to the Agricultural Lands Preservation
Ordinance (the "Ordinance"), Appendix J of the Code of the City of
Virginia Beach, there has been presented to the City Council for
approval an Installment Purchase Agreement for the acquisition of
the Development Rights (as defined in the Installment Purchase
Agreement, a true copy of which is hereto affixed) on certain
property located in the City and more fully described in Exhibit B
of the Installment Purchase Agreement for a purchase price of
$23,156; and
WHEREAS, the aforesaid Development Rights shall be acquired
through the acquisition of a perpetual agricultural land
preservation easement, as defined in, and in compliance with, the
requirements of the Ordinance; and
WHEREAS, the City Council has reviewed the proposed terms and
conditions of the purchase as evidenced by the Installment Purchase
Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. The City Council hereby determines and finds that the
proposed terms and conditions of the purchase of the Development
Rights pursuant to the Installment Purchase Agreement, including
the purchase price and manner of payment, are fair and reasonable
and in furtherance of the purposes of the Ordinance, and the City
Manager is hereby authorized to approve, upon or before the
execution and delivery of the Installment Purchase Agreement, the
rate of interest to accrue on the unpaid principal balance of the
purchase price set forth hereinabove as the greater of six per cent
(6%) per annum or the per annum rate which is equal to the yield on
United States Treasury STRIPS purchased by the City to fund such
unpaid principal balance; provided, however, that such rate of
interest shall not exceed 7.50% unless the approval of the City
Council by resolution duly adopted is first obtained.
2. The City Council hereby further determines that funding
is available for the acquisition of the Development Rights pursuant
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
to the Installment Purchase Agreement on the terms and conditions
set forth therein.
3. The City Council hereby expressly approves the
Installment Purchase Agreement in the form and substance presented
at this meeting and, subject to the determination of the City
Attorney that there are no defects in title to the property or
other restrictions or encumbrances thereon which may, in the
opinion of the City Attorney, adversely affect the City's
interests, authorizes the City Manager to execute and deliver the
Installment Purchase Agreement in substantially the same form and
substance as presented at this meeting with such minor
modifications, insertions, completions or omissions which do not
materially alter the purchase price or manner of payment, as the
City Manager shall approve. The City Council further directs the
City Clerk to affix the seal of the City to, and attest same on,
the Installment Purchase Agreement. The City Council expressly
authorizes the incurrence of the indebtedness represented by the
issuance and delivery of the Installment Purchase Agreement.
4. The City Council hereby elects to issue the indebtedness
under the Charter of the City rather than pursuant to the Public
Finance Act of 1991 and hereby constitutes the indebtedness a
contractual obligation bearing the full faith and credit of the
City.
62
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65
66
67
68
69
70
71
72
73
74
75
76
77
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 27
day of May .
, 1997
Adoption requires an affirmative vote of a majority of all
members of the City Council.
CA-97-6645
ARP \purchase \ simons \ acquis, orn
May 7, 1997
R-1
APPROVED AS TO CONTENT:
~riculture Depar~4~ent
APPROVED AS TO LEGAL
SUFFICIENCY: ~ ,4
Law D6partment'
CERTIFIED AS TO ~A~AILABILITY OF FUNDS:
Director ~t* Fihance - ~ [/
Clyde W. Simons, Sr.
and
Janet G. Simons
the "Seller"
and
CITY OF VIRGINIA BEACH, VIRGINIA
the "City"
INSTALLMENT PURCHASE AGREEMENT
(Agreement No. 1997-9)
TABLE OF CONTENTS
(This Table of Contents is not part of the Installment Purchase Agreement and is only for
convenience of reference)
Section
P. ECITALS ........................................... 1
AGReeMENTS ........................................ 1
ARTICLE 1
DEFINITIONS
SECTION 1.1
SECTION 1.2
Definitions ............................... 1
Rules of Construction ........................ 3
ARTICLE 2
SALE AND PURCHASE OF DEVELOPMENT RIGHTS
SECTION 2.1
SECTION 2.2
Agreement to Sell and Purchase Development Rights .... 4
Delivery of Deed of Easement .................. 4
ARTICLE 3
PAYMENT OF PURCHASE PRICE
SECTION 3.1
SECTION 3.2
SECTION 3.3
Payment of Purchase Price ..................... 4
Registration and Transfer of this Agreement ......... 5
Mutilated, Lost, Stolen or Destroyed Agreement ....... 6
ARTICLE 4
REPRESENTATIONS AND WARRANTIES
SECTION 4.1
SECTION 4.2
Representations and Warranties of the City .......... 7
Representations and Warranties of the Seller ......... 7
ARTICLE
PROVISIONS RELATING TO EXCLUSION
OF INTERF~T FROM INCOME FOR FEDERAL INCOME TAXATION
SECTION 5.1 Intent of City and Tax Covenant of City ............. 8
SECTION 5.2 Acknowledgment of Seller with Regard to Tax
Consequences of Transaction ............................ 9
ARTICLE 6
THE REGISTRAR
SECTION 6.1
SECTION 6.2
SECTION 6.3
SECTION 6.4
SECTION 6.5
Appointment of Registrar ..................... 9
Ownership of Agreement ..................... 9
Removal of Registrar and Appointment of
Successor Registrar ......................... 9
Qualifications of Successor Registrar .............. 10
Successor by Merger or Consolidation ............. 10
ARTICLE 7
MISCELLANEOUS
S~ON 7.1
SECTION 7.2
SECTION 7.3
SECTION 7.4
SECTION 7.5
SECTION 7.6
SECTION 7.7
SECTION 7.8
SECTION 7.9
SECTION 7.10
Successors of City ......................... 10
Parties in Interest .......................... 10
Binding Effect ............................ 10
Severability ............................. 10
Prior Agreements Cancelled; No Merger ........... 11
Amendments, Changes and Modifications ........... 11
No Personal Liability of City Officials ............. 11
Governing Law ........................... 11
Notices ................................ 11
Holidays ............................... 12
Signatures and Seals ..................................... 12
EXHIB~ A -
EXH~ B -
EXHIBIT C -
EXHIBIT D -
EXHIBIT E -
Form of Deed of Easement
Description of Land
Permitted Encumbrances
Form of Assignment
Transfer of Agreement - Schedule of Transferees
ii
INSTALLMENT PURCHASE AGREEMENT
(Agreement No. 1997-9)
THIS INSTALL~ PURCHASE AGREEMENT (this "Agreement") is made
as of the ~ day of , 199_ between Clyde W. Simons, Sr. and Janet G.
Simons (collectively, the "Seller") and CITY OF VIRGINIA BEACH, VIRGINIA, a
body politic and corporate of the Commonwealth of Virginia (the "City").
RECITALS
A. Pursuant to the authority granted by the Open-Space Land Act,
Chapter 17, Title 10.1 of the Code of Virginia of 1950, as amended (the "Act"), the City
adopted the Ordinance (hereinafter defined in Section 1.1) to promote and encourage the
preservation of agricultural land in designated areas within the southern portion of the
City.
B. In furtherance of the purposes of the Act and the Ordinance, the City
has established the Agricultural Reserve Program of the City which provides for the
acquisition of Development Rights (hereinafter defined in Section 1.1) through the
purchase of agricultural land preservation easements with respect to property located in
the portions of the City covered by the Ordinance.
C. The Seller is the owner in fee simple of Land (hereinafter defined in
Section 1.1) which is located in that portion of the City subject to the Ordinance and
meets the eligibility criteria of Section 7 of the Ordinance.
D. The Seller has agreed to sell, and the City has agreed to purchase,
Seller's Development Rights in the Land on and subject to the terms and conditions
hereinafter set forth.
AGREEMENTS
NOW, THEREFORE, in consideration of the foregoing and of the mutual
covenants and agreements hereinafter set forth, and for other good and valuable
consideration, the receipt and sufficiency whereof are hereby acknowledged, the Seller
and the City hereby agree as follows:
ARTICLE 1
DEFINITIONS
SECTION 1.1 12e, flgil;iPl~. As used in this Agreement, the following terms
have the following meanings, unless the context clearly indicates a different meaning:
/
"Agricultural Use" means (I) the bona fide production of crops, animal or fowl,
including, but not limited to, the production of fruits, vegetables, honey, grains, meet,
poultry and dairy products, the raising of livestock and poultry, and the production and
harvest of products from horticultural, silvicultural or aquacultural activity, (ii) the
repair, expansion or replacement of no more than one (1) bona fide dwelling occupied
by the landowner or tenant as of the date of application for entry in the Agricultural
Reserve Program and no more than one freestanding mobile home, as permitted by
Section 19-19 of the Virginia Beach City Code, and (iii) accessory uses directly related
to agricultural activities conducted on the same property, including the sale of
agricultural products as permitted by Section 401 of the Virginia Beach City Zoning
Ordinance. The term does not include the processing of agricultural, silvicultural,
horticultural or aquacultural products, except as an accessory use.
"Business Day" or "business day" means a day on which (a) banks located in the
City and in the city in which the principal office of the Registrar is located are not
required or authorized by law or executive order to close for business, and Co) The New
York Stock Exchange is not closed.
"City" means the City of Virginia Beach, Virginia, a body politic and corporate
and a political subdivision created and existing under and by virtue of the Constitution
and laws of the State, its successors and assigns.
"City Council" means the Council of the City.
"City Manager' means the City Manager of the City.
"Code" means the Internal Revenue Code of 1986, as amended. Each reference
to the Code herein shall be deemed to include the United States Treasury Regulations in
effect or proposed from time to time with respect thereto.
"Deed of Easement" means the Deed of Easement of even date herewith from the
Seller to the City, which shall convey the Development Rights to the City in perpetuity.
The Deed of Easement shall be substantially in the form attached hereto as Exhibit A
and made a part hereof.
"Development Rights" mean the rights of the Seller in the Land to develop the
Land for any use other than an Agricultural Use. Development Rights shall include, but
not be limited to, the right to develop the Land for any commercial, industrial or
residential use except as expressly permitted by the Ordinance.
"Enabling Legislation" means, collectively, (1) the Open Space Land Act,
Chapter 17 of Title 10.1 of the Code of Virginia of 1950, as amended, and (2) the
Ordinance.
"Estate Settlement Transfer" means the transfer by the legal representative of the
estate of a deceased Seller of such Seller's fights in and to this Agreement in connection
with the distribution of the deceased Seller's estate or other settlement of such decedent
Seller's estate.
"Interest Payment Date" means June 1 and December 1 in each year, commencing
,199_.
"Land" means the tract or tracts of land located in Virginia Beach, Virginia,
containing approximately 25.91 acres, and more particularly described in Exhibit B
attached hereto and made a part hereof.
"Ordinance" means the Agricultural Lands Preservation Ordinance adopted by the
City Council on May 9, 1995, as Appendix J to the City Code, as the same may be
amended or modified from time to time.
"Permitted Encumbrances" mean the encumbrances listed on Exhibit C attached
hereto and made a part hereof and any encumbrances on or with respect to the Land or
any portion thereof hereafter approved, in writing, by the City.
"Person" or "person" means any natural person, firm, association, corporation,
company, trust, partnership, public body or other entity.
"Purchase Price" means $23,156, the purchase price to be paid by the City to the
Registered Owner in accordance with this Agreement.
"Record Date" means the fifteenth (15th) day (whether or not a Business Day) of
the calendar month immediately preceding each Interest Payment Date and the principal
payment date.
"Registered Owner" means the registered owner of this Agreement as shown on
the registration books maintained by the Registrar.
"Registrar" means First Union National Bank of Virginia or any other person
hereafter appointed by the City to act as Registrar and paying agent for this Agreement.
"Seller" means, collectively, Clyde W. Simons, Sr. and Janet G. Simons.
"State" means the Commonwealth of Virginia.
SECTION 1.2
Rules of Constr~ction.
(a) The words "hereof," "herein,* "hereunder," "hereto," and other
words of similar import refer to this Agreement in its entirety.
(b) The terms *agree* and *agreements' contained herein are intended
to include and mean *covenant" and 'covenants.'
(c) References to Articles, Sections, and other subdivisions of this
Agreement are to the designated Articles, Sections, and other subdivisions of this
Agreement.
(d) The headings of this Agreement are for convenience only and shall
not define or limit the provisions hereof.
(e) All references made (I) in the neuter, masculine or feminine gender
shall be deemed to have been made in all such genders, and (ii) in the singular or plural
number shall be deemed to have been made, respectively, in the plural or singular
number as well.
ARTICLE 2
SALE AND PURCHASE OF DEVELOPMENT RIGHTS
SECTION 2.1 Agreement to Sell and Purchase Developnlcnt Rights. The
Seller agrees to sell the Development Rights in the Land to the City and the City agrees
to purchase the Development Rights in the Land from the Seller on the date hereof for
the Purchase Price.
SECTION 2.2 Delivery_ of Deed of Easemerlt. In order to evidence the
sale of the Development Rights to the City, the Seller shall execute and deliver to the
City on the date hereof the Deed of Easement in the form attached hereto as Exhibit A
and made a part hereof. The Deed of Easement shall be recorded in the Clerk's Office
of the Circuit Court of the City.
ARTICLE 3
PAYMENT OF PURCHASE PRICE
SECTION 3.1
Payment of Purchase Price.
(a) The City shall pay the principal portion of the Purchase Price to
the Registered Owner in a single installment on , 202_ [25-year
maturity date]. The Purchase Price is $23,156.
Co) Interest on the unpaid principal balance of the Purchase Price shall
accrue from the date of recordation of the Deed of Easement and shall be payable to the
Registered Owner on ... , 199_, and semiannually thereafter on June 1 and
December 1 in each year to and including ,202_, at the rate of % per
annum. Interest shall be calculated on the basis of a 360-day year of twelve 30-day
months.
(c) Both the single installment of principal of the Purchase Price and
the interest on the unpaid balance thereof are payable in lawful money of the United
States of America at the time of payment.
(d) Payment of interest on the unpaid balance of the Purchase Price
shall be made by the City on each Interest Payment Date to the Registrar. The Registrar
shall forward all such interest payments by check or draft mailed to the person(s)
appearing on the registration books of the City maintained by the Registrar as the
Registered Owner on the Record Date, at the address of such Registered Owner as it
appears on such registration books. The single installment of principal of the Purchase
Price shall be paid on the principal payment date set forth in Subsection (a) above by the
Registrar to the Registered Owner as of the Record Date upon presentation and surrender
of this Agreement at the office of the Registrar.
(e) The City's obligation to pay the Purchase Price hereunder and to
pay interest on the unpaid balance of the Purchase Price is a general obligation of the
City, and the full faith and credit and the unlimited taxing power of the City are
irrevocably pledged to the punctual payment of the Purchase Price and the interest on the
unpaid principal balance of the Purchase Price as and when the same respectively become
due and payable.
SECTION 3.2
Registration and Tr'0.nsfer of this Agreement.
(a) Until the Purchase Price and all interest thereon have been paid in
full, the City shall maintain and keep at the offices of the Registrar, registration books
for the registration and transfer of this Agreement; and upon presentation of this
Agreement for such purpose at the offices of the Registrar, the Registrar shall register
or cause to be registered on such registration books, and permit to be transferred thereon,
under such reasonable regulations as the City or the Registrar may prescribe, the
ownership of this Agreement. The Registrar, however, shall not be required to make any
such registration and transfer during the period from the Record Date to the next
succeeding Interest Payment Date or final principal payment date.
Cu) Except for an Estate Settlement Transfer, this Agreement may not
be transferred by the Registered Owner prior to the expiration of a one (1) year period
from the date this Agreement has been fully executed, delivered and become effective,
and any such attempted transfer shall be null mad void. The Registrar shall be instructed
not to make any such transfers (other than an Estate Settlement Transfer) on its
registration books kept for the purpose of registering the transfer of this Agreement prior
to the expiration of said one (1) year period.
(c) The Seller is the original Registered Owner. This Agreement shall
be transferable only upon the books of the City maintained for such purpose by the
Registrar, at the written request of the Registered Owner as then shown on such
registration books or his attorney duly authorized in writing, upon presentation and
surrender of this Agreement, together with a written instrument of transfer substantially
in the form attached hereto as Exhibit D, or as may otherwise be satisfactory to and
approved by the Registrar in writing, duly executed by the Registered Owner or his
attorney duly authorized in writing. Upon the surrender for transfer of this Agreement,
the Registrar shall complete the Schedule of Transferees attached hereto as Exhibit E
with the name, address and tax identification number of the transferee Registered Owner,
and the date of the transfer; provided, however, that if there is any conflict between the
information set forth in Exhibit E hereto and the registration books maintained by the
Registrar, the information shown on such registration books shall control.
The City and the Registrar may deem and treat the person in whose name this
Agreement is registered upon the books of the City maintained by the Registrar as the
absolute owner of this Agreement, whether any payments hereunder shall be overdue or
not, for the purpose of receiving payment of, or on account of, the Purchase Price and
interest thereon and for all other purposes, and all such payments so made to any such
Registered Owner or upon his order shall be valid and effectual to satisfy and discharge
the liability upon this Agreement to the extent of the sum or sums so paid, and neither
the City nor the Registrar shall be affected by any notice to the contrary.
For every registration of transfer of this Agreement, the City or the Registrar may
make a charge sufficient to reimburse themselves for any tax or other governmental
charge required to be paid with respect to such exchange or transfer, which sum or sums
shall be paid by the person requesting such transfer as a condition precedent to the
exercise of the privilege of registering such transfer.
SECTION 3.3 Mutilated. Lost. Stolen or Destroyed Agreement. In the
event that this Agreement is mutilated, lost, stolen or destroyed, the City and the
Registered Owner (as then shown on the registration books maintained by the Registrar)
shall execute and deliver a substitute agreement having the same terms and provisions
as the mutilated, lost, stolen or destroyed Agreement; provided that, in the ease of any
mutilated Agreement, such mutilated Agreement shall first be surrendered to the
Registrar, and, in the ease of any lost, stolen or destroyed Agreement there shall be first
furnished to the City and the Registrar evidence of such loss, theft or destruction
satisfactory to the City and the Registrar, together with indemnity satisfactory to each of
them in their sole discretion. The City and the Registrar may charge the Registered
Owner requesting such new Agreement their expenses and reasonable fees, if any, in this
connection. If after the delivery of such substitute Agreement, a bona fide purchaser of
the original Agreement (in lieu of which such substitute Agreement was issued) presents
for payment such original Agreement, the City and the Registrar shall be entitled to
recover such substitute Agreement from the person to whom it was delivered or any
other person who receives delivery thereof, except a bona fide purchaser, and shall be
entitled to recover upon the security or indemnity provided therefor or otherwise to the
extent of any loss, damage, cost or expense incurred by the City and the Registrar in
connection therewith.
ARTICLE 4
REPRESENTATIONS AND WARRANTIES
SECTION 4.1 l~resentations and Warranties of the Ci _ry. The City makes
the following representations and warranties:
(a) The City is a body politic and corporate and a political subdivision
of the State.
(b) The City has the necessary power and authority to acquire the
Development Rights, to enter into this Agreement, to perform and observe the covenants
and agreements on its part contained in this Agreement and to carry out and consummate
all transactions contemplated hereby. By proper action, the City has duly authorized the
execution and delivery of this Agreement.
(c) This Agreement has been duly and properly authorized, executed,
sealed and delivered by the City, constitutes the valid and legally binding obligation of
the City, and is enforceable against the City in accordance with its terms.
(d) There are no proceedings pending or, to the knowledge of the City,
threatened before any court or administrative agency which may affect the authority of
the City to enter into this Agreement.
SECTION 4.2 Reoresentations and Warranties of the Seller.
--
makes the following representations and warranties:
The Seller
(a) The Seller has full power and authority to execute and deliver this
Agreement and the Deed of Easement, and to incur and perform the obligations provided
for herein and therein. No consent or approval of any person or public authority or
regulatory body is required as a condition to the validity or enforceability of this
Agreement or the Deed of Easement, or, if required, the same has been duly obtained.
(b) This Agreement and the Deed of Easement have been duly and
properly executed by the Seller, constitute valid and legally binding obligations of the
Seller, and are fully enforceable against the Seller in accordance with their respective
terms.
(c) There is no litigation or proceeding pending or, so fax as the Seller
knows, threatened before any eom or administrative agency which, in the opinion of the
Seller, will materially adversely affect the authority of the Seller to enter into, or the
validity or enforceability of, this Agreement or the Deed of Easement.
(d) There is (I) no provision of any existing mortgage, indenture,
contract or agreement binding on the Seller or affecting the Land, and (ii) to the
knowledge of the Seller, no provision of law or order of court binding upon the Seller
or affecting the I. and, which would conflict with or in any way prevent the execution,
delivery, or performance of the terms of this Agreement or the Deed of Easement, or
which would be in default or violated as a result of such execution, delivery or
performance, or for which adequate consents, waivers or, if necessary, releases or
subordinations, have not been obtained.
(e) There exist no liens, security interests or other encumbrances on
or with respect to the Land (other than Permitted Encumbrances), and at the time of
execution and delivery of the Deed of Easement there will be no liens, security interests
or other encumbrances of the Development Rights to be conveyed thereby.
(f) The Seller is not a nonresident alien of the United States of
America for purposes of federal income taxation.
(g) The Social Security Numbers of the Seller axe 223-56-0127 (for
Clyde W. Simons, Sr.) and 227-72-2982 (for Janet G. Simons).
The representations in subsections (f) and (g) above axe made under penalties of perjury
and the information contained therein may be disclosed by the City to the Internal
Revenue Service. The Seller acknowledges that any false statement in such subsections
could be punished by fine, imprisonment or both.
(h) To the best of the knowledge, information and belief of the Seller,
the Land has not been used for the manufacture, storage, treatment, disposal or release
of any hazardous waste or substance.
ARTICLE 5
PROVISIONS RELATING TO EXCLUSION
OF INTEREST FROM INCOME FOR FEDERAL INCOME TAXATION
SECTION 5.1 Intent of City_ and Tax Covenant of City. The City intends
that the interest payable under this Agreement shall not be includable in the gross income
of the Registered Owner for purposes of federal income taxation pursuant to Section 103
of the Code. Accordingly, the City shall not knowingly take or permit to be taken any
other action or actions or omit or fail to take any action, which would cause this
Agreement to be an "arbitrage bond" within the meaning of Section 148 of the Code, or
which would otherwise cause interest payable under this Agreement to become includable
in the gross income of any Registered Owner for purposes of federal income taxation.
SECTION 5.2 Acknowledgment of Seller with Regard to Tax
Consequences of Transaction. The Seller has received an opinion from Kaufman &
Canoles, P.C., Bond Counsel, dated the date hereof, to the effect that under existing
laws, regulations, rulings and decisions, interest payable under this Agreement is not
includable in the gross income of the Seller for federal income tax purposes, which
opinion assumes continuous compliance with certain covenants in the Tax Certificate and
Compliance Agreement to be executed and delivered by the City on the date of delivery
of this Agreement and is otherwise limited in accordance with its terms. The Seller
acknowledges that Seller has made Seller's own independent investigation and has
consulted with such attorneys, accountants and others as the Seller shall have selected in
the Seller's sole discretion to advise the Seller with respect to all other tax considerations
related to the transaction contemplated hereby (including, but not limited to, installment
sales treatment under Section 453 of the Code, charitable contribution deductions under
Section 170 of the Code, and federal estate tax implications); and the Seller certifies that
the Seller has not looked to or relied upon the City or any of its officials, agents or
employees, or to Bond Counsel, with respect to any of such matters.
ARTICLE 6
THE REGISTRAR
SECTION 6.1 Aooointment of Registrar. First Union National Bank of
Virginia is hereby designated and appointed to act as Registrar for this Agreement.
SECTION 6.2 Ownership of Agreement. The Registrar, in its individual
capacity or as trustee for holders of participation interests in this Agreement, may in
good faith buy, sell, own and hold this Agreement, and may join in any action which any
Registered owner may be entitled to take with like effect as if it did not act as Registrar
hereunder. The Registrar, in its individual capacity, either as principal or agent, may
also engage, or have an interest, in any financial or other transaction with the City, and
may a~t as depository, trustee or agent for other obligations of the City as freely as if it
did not act in any capacity hereunder.
SECTION 6.3 Removal of Registrar and Aoc~intment of Successor
-- __
~. The City shall have the right, subject to the terms of any agreement with the
Registrar, to remove the Registrar any time by filing with such Registrar to be removed,
and with the Registered Owner, an instrument in writing. Notwithstanding the foregoing,
such removal shall not be effective until a successor Registrar has assumed the
Registrar's duties hereunder. The City shall have the sole right to select a successor
Registrar.
SECTION 6.4 Qualifications of Successor Registrar. Any successor
Registrar shall be either (a) the Department of Finance of the City, (b) an officer or
employee of the City, or (c) a bank, trust company or other financial institution duly
organized under the laws of the United States or any state or territory thereof which is
authorized by law and permitted under the laws of the State to perform all the duties
imposed upon it as Registrar by this Agreement.
SECTION 6.5 Suo:e~sor bv Mer~er or Consolidation. If the Registrar is
a bank, trust company or other financial institution, any institution or corporation into
which the Registrar hereunder may be merged or converted or with which it may be
consolidated, or any corporation resulting from any merger or consolidation to which the
Registrar hereunder shall be a party or any institution or corporation succeeding to the
corporate trust business (if any) of the Registrar, shall be the successor Registrar under
this Agreement, without the execution or filing of any paper or any further act on the
part of the parties hereto, anything in this Agreement to the contrary notwithstanding.
ARTICLE 7
MISCF~LANEOUS
SECTION 7.1 Successors of City. In the event of the dissolution of the
City, all the covenants, stipulations, promises and agreements in this Agreement
contained, by or on behalf of, or for the benefit of, the City, the Seller, any other
Registered Owner and the Registrar, shall bind or inure to the benefit of the successors
of the City from time to time and any entity, officer, board, commission, agency or
instrumentality to whom or to which any power or duty of the City shall be transferred.
SECTION 7.2 Parties in Interest. Except as herein otherwise specifically
provided, nothing in this Agreement expressed or implied is intended or shall be
construed to confer upon any person, firm or corporation, other than the City, the Seller,
any other Registered Owner and the Registrar, any right, remedy or claim under or by
reason of this Agreement, this Agreement being intended to be for the sole and exclusive
benefit of the City, the Seller, any other Registered Owner from time to time of this
Agreement and the Registrar.
SECTION 7.3 Binding Effect. This Agreement shall be binding upon and
inure to the benefit of the parties hereto, their respective heirs, personal representatives,
successors and assigns, including, without limitation, all Registered Owners from time
to time of this Agreement.
SECTION 7.4 ~gY. grlhil~. In case any one or more of the provisions of
this Agreement shall, for any reason, be held to be illegal or invalid, such illegality or
invalidity shall not affect any other provisions of this Agreement and this Agreement
10
shall be construed and enforced as if such illegal or invalid provisions had not been
contained herein or therein.
SECTION 7.5 Prior A~eements Cancelled: No Merger. This Agreement
shall completely and fully supersede all other prior agreements, both written and oral,
between the City and the Seller relating to the acquisition of the Development Rights.
Neither the City nor the Seller shall hereafter have any rights under such prior
agreements but shall look solely to this Agreement and the Deed of Easement for
definitions and determination of all of their respective rights, liabilities and
responsibilities relating to the Land, the Development Rights and the payment for the
Development Rights. In addition, this Agreement shall survive the execution and
recording of the Deed of Easement in all respects and shall not be merged therein.
SECTION 7.6 Amendments. Changes and Modifications. This Agreement
may not be amended, changed, modified, altered or terminated except by an agreement
in writing between the City and the then Registered Owner. An executed counterpart of
any such amendment shall be attached to this Agreement and shall be binding upon such
Registered Owner and all successor Registered Owners.
SECTION 7.7 No Personal Liability of City Officials. No covenant or
agreement contained in this Agreement shall be deemed to be the covenant or agreement
of any official, officer, agent or employee of the City in his or her individual capacity,
and neither the officers or employees of the City nor any official executing this
Agreement shall be liable personally on this Agreement or be subject to any personal
liability or accountability by reason of the issuance thereof.
SECTION 7.8 Governing Law. The laws of the State shall govern the
construction and enforcement of this Agreement.
SECTION 7.9 Notices. Except as otherwise provided in this Agreement,
all notices, demands, requests, consents, approvals, certificates or other communications
required under this Agreement to be in writing shall be sufficiently given and shall be
deemed to have been properly given three Business Days after the same is mailed by
certified mail, postage prepaid, remm receipt requested, addressed to the person to whom
any such notice, demand, request, approval, certificate or other communication is to be
given, at the address for such person designated below:
City:
City Manager
Municipal Center
Virginia Beach, VA 23456
with a copy to:
City Attorney
Municipal Center
Virginia Beach, VA 23456
11
Seller:
Registrar:
Clyde W. Simons, Sr. and Janet G. Simons
2744 North Landing Road
Virginia Beach, Virginia 23456
First Union National Bank of Virginia
Corporate Trust Department
2nd Floor
901 East Car), Street
Richmond, Virginia 23219
Any of the foregoing may, by notice given hereunder to each of the others, designate any
further or different addresses to which subsequent notices, demands, requests, consents,
approvals, certificates or other communications shall be sent hereunder.
SECTION 7.10 Holidays. If the date for making any payment or the last
date for performance of any act or the exercising of any right, as provided in this
Agreement, shall not be a Business Day, such payment may, unless otherwise provided
in this Agreement, be made or act performed or right exercised on the next succeeding
Business Day with the same force and effect as if done on the nominal date provided in
this Agreement, and in the case of payment no interest shall accrue for the period after
such nominal date.
W/TNF_.SS the signatures and seals of the parties hereto as of the date first above
written.
CITY:
[CITY'S SEAL]
CITY OF VIRGINIA BEACH, VIRGINIA
A~T: By:
James K. Spore, City Manager
City Clerk
SELLER:
Clyde W. Simons, Sr.
(SEAL)
12
Janet G. Simons
Approved as to Legal
Sufficiency:
Approved as to Sufficiency of
Funds:
Deputy City Attorney
Director, Department of Finance
COMMONWEALTH OF VIRGINIA
AT LARGE, to-wit:
The foregoing instrument was acknowledged before me in the City of Virginia
Beach, Virginia, this ~ day of , 19 , by James K. Spore,
City Manager of the City of Virginia Beach, Virginia, and attested to by
, City Clerk of the City of Virginia Beach, Virginia, on
its behalf.
(SEAL)
My Commission Expires:
Notary Public
13
COMMONWEALTH OF VIRGINIA
AT LARGE, to-wit:
The foregoing instrument was acknowledged before
, Virginia, this
, 19 , by Clyde W. Simons, Sr.
me
in the City of
day of
(SEAL)
My Commission Expires:
Notary Public
COMMONWEALTH OF VIRGINIA
AT LARGE, to-wit:
The foregoing
instrument was acknowledged
., Virginia,
, 19 , by Janet G. Simons.
before me in the City of
this day of
(SEAL)
My Commission Expires:
Notary Public
14
Th~s instrument was prepared by
V~rg~ma Beach C~ty Attorney's Office
Exemption Claimed: § 58.1-81 l(A)(3)
§ 58.1-811(C)(4)
DEED OF EASEMENT
EXHIBIT A
THIS DEED OF EASEMENT is made this day of ,1997, by
and between CLYDE W. SIMONS, SR. and JANET G. SIMONS, husband and wife
(collectively, the "Grantor"), and CITY OF VIRGINIA BEACH, VIRGINIA, a body politic
and corporate of the Commonwealth of Virginia (the "City") whose address is Municipal
Center, Virginia Beach, Virginia 23456, Grantee.
RECITALS
WHEREAS, pursuant to the authority granted by the Open-Space Land Act,
Chapter 17, Title 10.1 of the Code of Virginia of 1950, as amended (the "Act"), the City
adopted the Agricultural Lands Preservation Ordinance (the "Ordinance") as Appendix J to
the Code of the City of Virginia Beach, Virginia, as amended (the "City Code"), to promote
and encourage the preservation of agricultural land in designated areas within the southern
portion of the City; and
WHEREAS, in furtherance ofthe purposes of the Act and the Ordinance, the City has
established the Agricultural Reserve Program of the City which provides for the acquisition
of development rights through the purchase of agricultural land preservation easements with
respect to property located in the portions of the City covered by the Ordinance; and
WHEREAS, the Grantor is the owner in fee simple of certain agricultural real
property located in the City and more particularly described in Exhibit A hereto (the
"Land"); and
·
WHEREAS, the Land is located in that portion of the City subject to the Ordinance
and meets the eligibility criteria of Section 7 of the Ordinance; and
WHEREAS, the Grantor has agreed to sell to the City the Grantor's Development
Rights (hereinafter defined) in the Land by executing and delivering this Deed of Easement
and thereby restrict the use of the Land as described herein; and
GPIN 2317-76-2143 and 2317-75-6606
WHEREAS, the City has agreed to purchase the Grantor's Development Rights in the
Land to fulfill the policy and purposes of the City as set forth in the Act and the Ordinance;
and
WHEREAS, the transfer by the Grantor of the Development Rights in the Land shall
be ~n perpetuity; and
WHEREAS, in order to provide for the payment of the purchase price for the rights
in the Land created hereby, the Grantor and the City have entered into an Installment
Purchase Agreement of even date herewith (the "Installment Purchase Agreement");
GRANT
NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS
($10.00), the covenants and promises contained here~n and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor,
for Grantor, Grantor's heirs, personal representatives, devisees, successors and assigns, and
for any subsequent owner of the Land does hereby grant and convey, with general warranty
and English covenants of title, unto the City, and its successors and assigns, forever and in
perpetuity, an agricultural land preservation easement in, on, over and with respect to the
Land restricting the Land to Agricultural Use and in furtherance thereof, does hereby grant
and convey, with general warranty and English covenants of t~tle, to the City, and its
successors and assigns, forever and in perpetuity, all of the Development Rights with respect
to the Land.
TERMS. COV~ENANTS. CONDITIONS AND AGREEMENTS
A. The Grantor for Grantor, Grantor's heirs, personal representatives, devisees,
successors and assigns covenants with the City, (1) to refrmn fi.om engaging in any act or
activity, or permitting to occur or suffering to exist any act or activity upon the Land which
would constitute the exercise of a Development Right or a use other than an Agricultural
Use, it being the intention of the part,es that the Land shall be preserved for Agricultural Use
in accordance with the provisions of the Ordinance; and (2) that this Deed of Easement shall
create a perpetual easement, running with the Land and all portions thereof as an incorporeal
and nonpossessory interest therein, enforceable against the Grantor and upon any purchaser,
grantee, lessee, owner or other transferee of all or any portion of the Land and any other
person or entity having any right, title or interest therein and upon their respective heirs,
personal representatives, devisees, successors and assigns; and (3) that the covenants,
conditions, limitations and restrictions contained here~n are ~ntended to limit the use of the
Land as herein set forth.
B. The parties, for themselves, their he~rs, personal representatives, devisees,
successors and assigns, further covenant and agree as follows:
(1) As used in this Deed of Easement the term "Development Rights"
shall mean the fight to develop the Land for any use, including without limitation, any
commercial, industrial or residential use, other than for Agricultural Use.
(2) As used in this Deed of Easement the term "Agricultural Use" means
(i) the bona fide production of crops, animal or fowl, including, but not limited to, the
production of fruits, vegetables, honey, grains, meat, poultry and dairy products, the raising
of livestock and poultry, and the production and harvest of products from horticultural,
silvicultural or aquacultural activity, (ii) the repair, expansion or replacement of no more than
one (1) bona fide dwelling occupied by the landowner or tenant as of the date of application
for entry in the Agricultural Reserve Program and no more than one freestanding mobile
home, as permitted by Section 19-19 of the City Code, and (iii) accessory uses directly
related to agricultural activities conducted on the same property, including the sale of
agricultural products as permitted by Section 401 of the City Zoning Ordinance. The term
does not include the processing of agricultural, silvicultural, horticultural or aquacultural
products, except as an accessory use.
(3) This Deed of Easement does not grant the public any right of entry or
access or any rights of use of the Land.
(4) THIS EASEMENT SHALL EXIST IN PERPETUITY AND RUN
WITH THE ENTIRE ACREAGE OF THE LAND.
(5) The purpose of this Deed of Easement shall be to (i) promote and
encourage the preservation of farmland, and promote and enhance agriculture as an important
industry within the City, (ii) preserve the rural character of the southern part of the City,
(iii) conserve and protect environmentally sensitive lands, waters and other resources,
(iv) reduce and defer the need for major infrastructure improvements in the southern part of
the City and the expenditure of public funds for such improvements, (v) preserve open
spaces, and (vi) assist in shaping the character, direction and timing of commumty
development.
(6) In the' event of a violation or attempted violation of any of the
provisions hereof, the City and its successors and assigns, may institute and prosecute any
proceeding at law or in equity to enforce the provisions hereof or to abate, prevent or enjoin
any such violation or attempted violatmn.
WITNESS, the hand and seal of the Grantor as of the date first above written.
GRANTOR:
Clyde W. Simons, Sr.
(SEAL)
Janet G. Simons
(SEAL)
COMMONWEALTH OF VIRGINIA
AT LARGE, to-wit:
The foregoing instrument was acknowledged before me in the City of Virginia
Beach, Virginia, this day of ,1997, by Clyde W. Simons, Sr.,
Grantor.
Notary Public
(SEAL)
My Commission Expires:
COMMONWEALTH OF VIRGINIA
AT LARGE, to-wit:
The foregoing instrument was acknowledged before me in the City of Virginia
·
Beach, Virginia, this day of , 1997, by Janet G. Simons,
Grantor.
Notary Public
(SEAL)
My Commission Expires:
EXItIBIT A
PARCEL 1
ALL THAT certain lot, piece or parcel of land with the buildings and
improvements thereon, situated in the City of Virginia Beach, Virginia, in
Pungo District, being 23.910 acres more or less as shown on that certain plat
entitled "Survey of Property of William A. Grimstead and Janet G. Simons",
made by Gallup Surveyors and Engineers, Ltd., dated March 11, 1982, and
being more particularly described as follows:
BEGINNING at a point on the south side of Public Landing Road which
point is 1923.75 feet from the intersection of Public Landing Road and Kaden
Lane; thence south 10 degrees, 15 minutes, 0 seconds west, a distance of
854.57 feet to a pin; thence north 83 degrees, 36 minutes, 58 seconds west,
a distance of 1608.93 feet to a monument; thence north 44 degrees, 26
minutes, 49 seconds east, a distance of 210.39 feet to a pin; thence north 30
degrees, 52 minutes, 23 seconds west, a distance of 51.69 feet to a point;
thence north 44 degrees, 25 minutes, 08 seconds east, a distance of 415.99
feet to a pin; thence south 86 degrees, 12 minutes, 41 seconds east, a distance
of 618.42 feet to a point; thence north 12 degrees, 42 minutes, 57 seconds
east, a distance of 414 feet to a point on the south side of Public Landing
Road; thence along the south s~de of Public Landing Road south 74 degrees,
20 minutes, 03 seconds east, a distance of 1.48 feet to a point, thence along
the arc of a curve (radius 7974.49') to the fight, a distance of 206.92 feet;
thence south 72 degrees, 50 minutes, 51 seconds east, a distance of 451.08
feet to the point of beginning.
LESS AND EXCEPT that portion of the above described property described
as one acre conveye.d to Robert W. Dixon, et ux, by deed of gif~ dated
October 11, 1982, from William L. Grimstead, et al, duly recorded in the
aforesaid Clerk's Office in Deed Book 2223, at page 451, more particularly
shown in Map Book 160, at page 9.
PARCEL II;
ALL THAT certain lot, piece or parcel of land with the buildings and
improvements thereon, situated in the City of Virginia Beach, Virginia, in
Pungo District, being 5.973 acres more or less as shown on that certain plat
entitled, "Survey of Property of William A. Gfimstead and Janet G. Simons",
made by Gallup Surveyors and Engineers, Ltd., dated March 11, 1982, and
being more particularly described as follows:
BEGINNING at a pin on the south side of Public Landing Road which said
point is a distance of 864.27 feet from the intersection of Public Landing
Road and Kaden Lane; thence along the south side of Public Landing Road
south 74 degrees, 20 minutes, 03 seconds east, a distance of 400 feet to a
point; thence south 12 degrees, 42 minutes 57 seconds west, a distance of 414
feet to a point; thence north 86 degrees, 12 minutes, 41 seconds east, a
distance of 722.55 feet to a point; thence north 42 degrees, 36 minutes, 44
seconds east, a distance of 630.63 feet to a pin, the point of beginning.
LESS AND EXCEPT all portions of the above-described property, if any,
which contain any of the following soil types: (1) Back Bay Mucky Peat; (2)
Dorovan Mucky Peat; (3) Nawney Silt Loam; or (4) Pamlico Mucky Peat,
Ponded.
[LESS AND EXCEPT that certain tract, piece or parcel being a portion of the
above described property designated and described as "#" as shown on that
certain plat entitled: "#", Scale #" = #', dated #, prepared by #, which plat is
attached hereto and recorded simultaneously herewith.]
IT BEING as to PARCEL I, a part of the same property conveyed to Janet
G. Simons and Clyde W. Simons, Sr., from William L. Grimstead, et al, by
deed of gift dated May 14, 1982, duly recorded in the aforesaid Clerk's
Office in Deed Book 2200, at page 1931, and by corrected deed of gift dated
July 28, 1982, duly recorded in the aforesaid Clerk's Office in Deed Book
2212, at page 1469. Upon the death of William L. Grimstead on June 30,
1992, as evidenced by his Will duly recorded in the aforesaid Clerk's Office
in Will Book 82, at page 670, his life estate interest in said property reserved
in the aforesaid deeds of gift was extinguished.
IT BEING as to PARCEL II, the same property conveyed to Janet G. Simons
and Clyde W. Simons, Sr., from William L. Grimstead, et al, by deed of gift
dated May 14, 1982, duly recorded in the aforesaid Clerk's Office in Deed
Book 2200 at page 1929, and by corrected deed of gift dated July 28, 1982,
duly recorded in the aforesaid Clerk's Office in Deed Book 2212, at page
1471. Upon the death of William L. Grimstead on June 30, 1992, as
evidenced by his Will duly recorded in the aforesaid Clerk's Office in Will
Book 82, at page 670, his life estate interest in said property reserved in the
aforesaid deeds of gift was extinguished.
EXHIBIT B
PARCEL 1
ALL THAT certain lot, piece or parcel of land with the buildings and
improvements thereon, situated in the City of Virginia Beach, Virginia, in Pungo
District, being 23.910 acres more or less as shown on that certain plat entitled
"Survey of Property of William A. Grimstead and Janet G. Simons", made by
Gallup Surveyors and Engineers, Ltd., dated March 11, 1982, and being more
particularly described as follows:
BEGINNING at a point on the south side of Public Landing Road which point is
1923.75 feet from the intersection of Public Landing Road and Kaden Lane;
thence south l0 degrees, 15 minutes, 0 seconds west, a distance of 854.57 feet to
a pin; thence north 83 degrees, 36 minutes, 58 seconds west, a distance of 1608.93
feet to a monument; thence north 44 degrees, 26 minutes, 49 seconds east, a
distance of 210.39 feet to a pin; thence north 30 degrees, 52 minutes, 23 seconds
west, a distance of 51.69 feet to a point; thence north 44 degrees, 25 minutes, 08
seconds east, a distance of 415.99 feet to a pin; thence south 86 degrees, 12
minutes, 41 seconds east, a distance of 618.42 feet to a point; thence north 12
degrees, 42 minutes, 57 seconds east, a distance of 414 feet to a point on the south
side of Public Landing Road; thence along the south side of Public Landing Road
south 74 degrees, 20 minutes, 03 seconds east, a distance of 1.48 feet to a point,
thence along the arc of a curve (radius 7974.49') to the right, a distance of 206.92
feet; thence south 72 degrees, 50 minutes, 51 seconds east, a distance of 451.08
feet to the point of beginning.
LESS AND EXCEPT that portion of the above described property described as
one acre conveyed to Robert W. Dixon, et ux, by deed of gift dated October 11,
1982, from William L. Grim.stead, et al, duly recorded in the aforesaid Clerk's
Office in Deed Book 2223, at page 451, more particularly shown in Map Book
160, at page 9.
PARCEL II:
ALL THAT certain lot, piece or parcel of land with the buildings and
improvements thereon, situated in the City of Virginia Beach, Virginia, in Pungo
District, being 5.973 acres more or less as shown on that certain plat entitled,
"Survey of Property of William A. Gnmstead and Janet G. Simons", made by
Gallup Surveyors and Engineers, Ltd., dated March 11, 1982, and being more
particularly described as follows:
BEGINNING at a pin on the south side of Public Landihg Road which said point
is a distance of 864.27 feet fi.om the intersection of Public Landing Road and
Kaden Lane; thence along the south side of Public Landing Road south 74
degrees, 20 minutes, 03 seconds east, a distance of 400 feet to a point; thence
south 12 degrees, 42 minutes 57 seconds west, a distance of 414 feet to a point;
thence north 86 degrees, 12 minutes, 41 seconds east, a distance of 722.55 feet to
a point; thence north 42 degrees, 36 minutes, 44 seconds east, a distance of 630.63
feet to a pin, the point of beginning.
LESS AND EXCEPT all portions of the above-described property, if any, which
contain any of the following soil types: (1) Back Bay Mucky Peat; (2) Dorovan
Mucky Peat; (3) Nawney Silt Loam; or (4) Pamlico Mucky Peat, Ponded.
[LESS AND EXCEPT that certain tract, piece or parcel being a portion of the
above described property designated and described as "#" as shown on that certain
plat entitled: "It", Scale #" = #', dated #, prepared by #, which plat is attached
hereto and recorded simultaneously herewith.]
IT BEING as to PARCEL I, a part of the same property conveyed to Janet G.
Simons and Clyde W. Simons, Sr., from William L. Grimstead, et al, by deed of
gift dated May 14, 1982, duly recorded in the aforesaid Clerk's Office in Deed
Book 2200, at page 1931, and by corrected deed of gift dated July 28, 1982, duly
recorded in the aforesaid Clerk's Office-in Deed Book 2212, at page 1469. Upon
the death of William L. Grimstead on June 30, 1992, as evidenced by his Will
duly recorded in the aforesaid Clerk's Office in Will Book 82, at page 670, his life
estate interest in said property reserved in the aforesaid deeds of gift was
extinguished.
IT BEING as to PARCEL II, the same property conveyed to Janet G. Simons and
Clyde W. Simons, Sr., from William L. Grimstead, et al, by deed of gift dated
May 14, 1982, duly recorded in the aforesaid Clerk's Office in Deed Book 2200 at
page 1929, and by corrected deed of gift dated July 28, 1982, duly recorded in the
aforesaid Clerk's Office in Deed Book 2212, at page 1471. Upon the death of
William L. Grimstead on Jur~e 30, 1992, as evidenced by his Will duly recorded in
the aforesaid Clerk's Office in Will Book 82, at page 670, his life estate interest in
said property reserved in the aforesaid deeds of gift was extinguished.
EXHIBIT "C"
PERMITTED ENCUMBRANCES
Taxes for the accruing form the beginning of the second half fiscal year 1996/1997 and
any/all Stormwater fees, which are liens not yet due and payable, and taxes and stormwater
fees for all subsequent billing periods.
2. Roll Back Taxes.
,
Easement granted Virginia Electric and Power Company over the subject property, as
established by instrument recorded in Deed Book 271, at page 511, no width given. (As to
Parcel II)
,
Easement granted Virginia Electric and Power Company over the subject property, as
established by instrument recorded in Deed Book 271, at page 513, no width given.(As to
Parcel II)
,
Such other restrictions and encumbrances which, in the opinion of the City Attorney, do not
adversely affect the interest of the City of Virginia Beach in and to the agricultural land
preservation easement and the rights granted to the City in the Deed of Easement.
ASSIGNMENT
EXHIBIT D
FOR VALUE RECEIVED,
and
([collectively,] the 'Registered Owner') hereby sell[s], assign[s] and transfer[s] unto
, without recourse, all of the Registered Owner's
right, title and interest in and to the Installment Purchase Agreement to which this
Assignment is attached; and the Registered Owner hereby irrevocably directs the
Registrar (as defined in such Agreement) to transfer such Agreement on the books kept
for registration thereof. The Registered Owner hereby represents, warrants and certifies
that there have been no amendments to such Agreement [except
e
Date:
Signature guaranteed:
NOTICE: Signature must be
guaranteed by a member firm
of the New York Stock
Exchange or a commercial
bank or trust company.
NOTICE: The signature on this
Assignment must correspond with
the name of the Registered Owner
as it appears on the registration
books for the Installment Purchase
Agreement referred to herein in every
particular, without alteration or
enlargement or any change whatever.
18
EXHIBIT E
TRANSFER OF AGREEMENT - SCHEDULE OF TRANSFEREES
The transfer of this Installment Purchase Agreement may be registered only by
the Registered Owner under such Agreement in person or by its duly authorized officer
or attorney upon presentation hereof to the Registrar, who shall make note thereof in the
books kept for such purpose and in the registration blank below.
Date of
Registration of
Transfer
Name and
Address of
Transferee
Registered Seller
Tax I.D. No.
of Transferee
Signature of Registrar
le
1
,
,
19
- 25 -
Item V-K. 2.
ORDINANCES
ITEM # 42154
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to AMEND Section 6-10 of the City Code by prohibiting the
use of skateboards in the resort area year-round. (Sponsored by Vice
Mayor William D. Sessoms, Jr. and Councilman Linwood O. Branch, III)
~ting:
11-0 (By ConsenO
Council Members Voting Aye:
John A Baum, Linwood O. Branch, IIL William W. Harrison, Jr, Harold
Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan,
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 27, 1997
Requested by Vice-Mayor William D. Sessoms, Jr. and
Councilmember Linwood O. Branch, III.
AN ORDINANCE TO AMEND SECTION 6-10
OF THE CITY CODE BY PROHIBITING THE
USE OF SKATEBOARDS IN THE RESORT
AREA YEAR-ROUND
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 6-10 of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained to read as follows:
Bec. 6-10. Use of roller skates, skateboards, etc., on
boardwalk or grassy area, bioyole path, ooeanfront
parks and plazas, publio restrooms, and sidewalks
adjaoent thereto.
(a) It shall be unlawful for any person to use a skateboard
or any similar device at any time in the area from, and including,
the sidewalk on the west side of Pacific Avenue to the Atlantic
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Ocean, between Rudee Inlet and 42nd Street.
+a+ Cb) It shall be unlawful for any person to use roller skates,
roller blades, ............ , -vz- or any similar devicee on wheels
or runners on the grassy area adjacent to the boardwalk, or on the
bicycle path, oceanfront parks and plazas, public restrooms, and
sidewalks adjacent thereto at any time.
~4~ (c) It shall be unlawful for any person to use roller skates,
roller blades, ~ or any similar devicee on wheels or runners on
any sidewalk along and east of Pacific Avenue from Rudee Inlet to
42nd Street from 6:00 p.m. on the Friday before Memorial Day
Weekend to 6:00 p.m. Labor Day; ~ ....... , ........ , .................
(d) It shall be unlawful for any person to use roller skates,
roller blades, ~ skateboarde, ~ or any similar devic~ on wheels
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.~.~A~ ~ ..... ~~- whether such use is permitted or not,
or runners, ................
recklessly or at a speed faster than is reasonably proper, or in a
manner so as to interfere with pedestrians or to endanger the life,
limb or property of the rider or any other person.
(e) The provisions of this section shall not be applicable to
the use of wheelchairs for the transportation of disabled persons
or the use of baby carriages, strollers or related modes of
transportation for infants.
Adopted by the City Council of the City of Virginia Beach on
this 27 day of May 1997.
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CA-6565
DATA/ORDIN/PROPOSED/6-10. Ord
MARCH 13, 1997
R4
- 26-
Item V-K. 3.
ORDINANCES
ITEM # 42155
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a $4,900 National Oceanic
Atmospheric Administration Grant from the Virginia Department of
Environmental Quality to the Virginia Marine Science Museum's FY
1996-1997 Operating Budget to research sea turtle and marine mammal
strandings; and, estimated revenues from the Federal Government within
the Virginia Marine Science Museum Fund be increased accordingly.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood 0 Branch, III, Wilham W Harrtson, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 27, 1997
AN ORDINANCE TO ACCEPT AND APPROPRIATE A $4,900 NATIONAL OCEANIC
ATMOSPHERIC ADMINISTRATION GRANT FROM THE VIRGINIA DEPARTMENT OF
ENVIRONMENTAL QUALITY TO THE MARINE SCIENCE MUSEUM'S FY 1996-97
OPERATING BUDGET TO RESEARCH SEA TURTLE AND MARINE MAMMAL STRANDINGS
WHEREAS, the Manne Science Museum apphed for and received a $4,900 Nabonal Oceamc
Atmospheric Admm~strabon (NOAA) grant to research sea turtle and mammal strandings through the analys~s of
stranding data and spacml and temporal maps of areas where strandings and mteracbons have occurred, and
WHEREAS, th~s grant requires a $6,275 match of ~n-k~nd services ~n the form of personnel and
equipment to be prowded by the Marine Science Museum from w~thm ~ts FY 1996-97 Operahng Budget
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NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that the $4,900 grant from the Nahonal Oceamc Atmospheric Adm~n~strahon through the V~rg~n~a
Department of Environmental Quahty be accepted and appropriated to the Manne Science Museum's FY 1996-
97 Operahng Budget and that the Manne Science Museum prowde the services and equipment necessary for the
reqmred match from w~thm ~ts emstmg resources
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BE IT FURTHER ORDAINED, that esbmated revenues from the Federal Government w~th~n the Manne
Science Museum Fund be ~ncreased to reflect receipt of th~s grant
13
Adopted by the Councd of the C~ty of V~rg~ma Beach, V~rg~ma on the 27 day of May ,1997
APPROVED AS TO
LEGAL SUFFICIENCY
Approved as to Content
- Wal-ter C Kr~r, Jr
Management and Budget
CRW-C \OB97\DeptsWluseum~grant2 ord
- 27-
Item V-K. 4.
ORDINANCES
ITEM # 42156
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to TRANSFER $50,000 from CIP Project #2-165 Laskin
Road-Phase II to CIP Project #2-305 Ferrell Parkway-Phase H re
additional preliminary right-of-way acquisition costs.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
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 27, 1997
AN ORDINANCE TO TRANSFER $50,000 FROM CIP PROJECT
#2-165 LASKIN ROAD - PHASE H TO CIP PROJECT
#2-:305 FERRELL PARKWAY- PHASE H TO ADDRESS ADDITIONAL
PRELIMINARY RIGHT-OF-WAY ACQUISITION COSTS
WHEREAS, CIP Project #2-305 Ferrell Parkway - Phase II is a VDOT project which
will widen Princess Anne Road, from two lanes to four lanes, from Dam Neck Road to Ferrell
Parkway - Phase V, the intersection at Judicial Boulevard,
WHEREAS, it is in the best interest of the City to acquire sufficient right-of-way along
Princess Anne Road to ensure the highest quality highway with access control on adjacent parcels,
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WHEREAS, the estimated cost to provide all necessary title work, plats, appraisals, and
environmental assessments is $50,000,
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WHEREAS, funds are not currently available in CIP Project #2-305 Ferrell Parkway -
Phase II to address these costs, and
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WHEREAS, there is $50,000 of surplus appropriations currently available for transfer
from CIP Project #2-165 Laskin Road - Phase II;
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that $50,000 be transferred from CIP Project #2-165 Laskin Road - Phase
II to CIP Project #2-305 Ferrell Parkway - Phase II to address additional preliminary fight-of-way
acquisition costs
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BE IT FURTHER ORDAINED that the FY 1997-98 Capital Improvement Program be
amended to reflect this change
22
This ordinance shall be in effect from the date of its adoption
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Adopted the~
Beach, Virginia
SWACouncflX2305row ord
27
day of
May
,1997, by the Council of the City of Virginia
Dep~rffia~n! o"f Management Services
APPROVED AS TO
LEGAL SUFFICIENCY
- 28 -
Item V-K. J.a.
ORDINANCES
ITEM # 42157
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to authorize temporary encroachment Into a portion of the
City's drainage easement at 920 Raton Court to Bruce L. and Karen $.
Rodgers re constructing and maintaining a bulkhead and dock
(PRINCESS ANNE BOROUGH)
The following conditions shall be required:
That said 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 Pubhc Works Department's
specifications and approval as to size, alignment and location.
o
This temporary encroachment shall terminate upon nottce by
the City of Virginia Beach to the party of the second part and
that withtn thirty (30) days after such notice is given, such
temporary encroachment shall be removed from the Ctty's
drainage easement over a lake in Ocean Lakes subdivtsion by
the party of the second part, and that the party of the second
part shall bear all costs and expenses of such removal.
o
The party of the second part shall indemmfy and hold harmless
the City of Vtrginia Beach, its agents and employees from and
against all claims, damages, losses and expenses includtng
reasonable attorney's fees tn case it shall be necessary to file
or defend an action arising out of the location or existence of
such temporary encroachment.
.
Nothing in the agreement shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that the specked
and to the limited extent specified, nor to permtt the
maintenance and construction of any encroachment by anyone
other than the party of the second part.
5. The party of the second part agrees to maintain said
encroachment so as not to become unsightly or a hazard.
6.
The party of the second part must obtain a permit from either
the Development Services Center or Waterfront Operations,
whichever is applicable, prior to commencing any construction
within the City's drainage easement.
The City of Virginia Beach, upon revocation of authority and
permission 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, or request the party of the
second part to remove such encroachment and if such removal
shall not be made within the time ordered, the City shall impose
a penalty in the sum of One Hundred Dollars per day for each
and every day that such encroachment is allowed to continue.
May 27, 1997
- 29 -
Item V-K. 5. a.
ORDINANCES
ITEM # 421 $ 7 (Continued)
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood 0 Branch, III, William W. Harrison, Jr, Harold
Heischober, Barbara M. Henley, Louts R. Jones, Reba S McClanan,
Mayor Meyera E Oberndorf Nancy K. Parker, Vice Mayor Wilham D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay'
None
Council Members Absent:
None
May 27, 1997
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Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACHMENTS INTO
A PORTION OF THE CITYtS
DRAINAGE EASEMENT BY BRUCE
L. RODGERS AND KAREN S.
RODGERS, THEIR HEIRS,
ASSIGNS AND SUCCESSORS IN
TITLE
WHEREAS, Bruce L. Rodgers and Karen S. Rodgers, desire to
construct and maintain a bulkhead and dock into the Cityts drainage
easement located at 920 Raton Court.
WHEREAS, City Council is authorized pursuant to §§ 15.1-
316 and 15.1-893, Code of Virginia, 1950, as amended, to authorize
a temporary encroachment upon the Cityts drainage easement subject
'to such terms and conditions as Council may prescribe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA~
That pursuant to the authority and to the extent thereof
contained in §§ 15.1-316 and 15.1-893, Code of. Virginia, 1950, as
amended Bruce L. Rodgers and Karen S. Rodgers their heirs, assigns
and successors in title are authorized to construct and maintain a
temporary encroachment for a bulkhead and dock in the City's
drainage easement as shown on the map entitled= "PROPOSED BULKHEAD
& DOCK, IN= Lake, AT= 920 Raton Court CITY OF VIRGINIA BEACH, STATE
OF VIRGINIA, APPLICATION BY= K. Rodgers," a copy of which is on
file in the Department of Public Works and to which reference is
made for a more particular description~ and
BE IT FURTHER ORDAINED, that the temporary encroachments
are expressly subject to those terms, conditions and criteria
contained in the Agreement between the City of Virginia Beach and
Bruce L. Rodgers and Karen S. Rodgers, (the ~'Agreement") which is
attached hereto and incorporated by reference~ and
BE IT FURTHER ORDAINED that the City Manager or his
authorized designee is hereby authorized to execute the Agreement.
BE IT FURTHER ORDAINED, that this Ordinance shall not be
in effect until such time as Bruce L. Rodgers and Karen S. Rodgers
38
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and the City Manager or his authorized designee execute the
Agreement.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 27 day of May , 1997.
42
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CA-#
ORDIN\NONCODE\KENNEDY\RATON . ORD
R-1
PREPARED: TK\pw
VED AS TO CONTENTS
U sx~ ,~
DEPARTMENT
APPROVED AS TO LE~%L
SUFFICIENC~ AND
SCALE 1"-2400'
SITE
LOCATION Ii,lAP
'SIT
LOCATION MAP
ENCROACHMENT
EASEMENT IN
BULKHEAD & DOCK
F O~ BRUCE &
SHOWING PROPOSED
INTO CITY DRAINAGE
OCEAN LAKES FOR
AT 920 RATON
KAREN RODGERS
CT
CHJ'Gh/ELL CT.
PREPARED BY P/W ENG. DRAFT. ~/q/q7
PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(c)(4)
REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this ~--/'3 day of ~ ~ ,
19 ~ , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, Grantor, party of the first part, and
BRUCE L. RODGERS and KAREN S. RODGERS, husband and wife, THEIR
HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, party of the
second part (even though more than one).
W I TN E S S E TH:
That, WHEREAS, it is proposed by the party of the
second part to construct and maintain a bulkhead and dock in the
City of Virginia Beach; and
WHEREAS, in constructing and maintaining such bulkhead
and dock, it is necessary that the said party of the second part
encroach into a portion of an existing City drainage easement
over a lake in Ocean Lakes subdivision; and said party of the
second part has requested that the party of the first part grant
a temporary encroachment to facilitate such bulkhead and dock
within a portion of the City's drainage easement over a lake in
Ocean Lakes subdivision.
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
Dollar ($1.00), in hand paid, to the said party of the first
GPIN 2414 68 8712
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 drainage easement
over a lake in Ocean Lakes subdivision for the purpose of
constructing and maintaining such bulkhead and dock.
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 drainage easement over a lake in
Ocean Lakes subdivision described as prop.
6' return wall, prop. 6' x 16' dock, prop.
bulkhead and prop. 8' return wall as shown
on that certain plat entitled: "PROPOSED
BULKHEAD & DOCK IN: LAKE AT: 920RATON COURT
CITY OF VIRGINIA BEACH STATE OF VIRGINIA
APPLICATION BY: K. RODGERS," Site Plan sheet
2 of 6 drawn by M.J. Lewis, Jr., dated 9-18-
96, a copy of which is attached hereto as
Exhibit "A" and to which reference is made
for a more particular description.
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 drainage easement over a lake in Ocean Lakes subdivision
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 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 further expressly understood and agreed that the
party of the second part must obtain a permit from either the
Development Services Center or Waterfront Operations, whichever
is applicable, prior to commencing any construction within the
City's drainage easement.
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 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
drainage easement 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
($100.00) per day for each and every day that such encroachment
is allowed to continue thereafter, and shall collect such
compensation and penalties in any manner provided by law for the
collection of local or state taxes.
IN WITNESS WHEREOF, BRUCE L. RODGERS and KAREN S.
RODGERS, husband and wife, the said party of the second part has
caused this Agreement to be executed by their signatures and
seals duly affixed. Further, that the City of Virginia Beach has
caused this Agreement to be executed in its name and on its
behalf by its City Manager and its seal be hereunto affixed and
attested by its City Clerk.
CITY OF VIRGINIA BEACH
City Manager/Authorized
Designee of the City Manager
( SEAL )
ATTEST:
City Clerk
Bruce L. Rodge~
Karen S. Rodge~
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this day of , 19 , by
, CITY MANAGER/AUTHORIZED DESIGNEE OF THE
CITY MANAGER.
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this day of , 19 , by RUTH HODGES
SMITH, City Clerk for the CITY OF VIRGINIA BEACH.
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this ,~---~ day of ~..~ , 19 ~7 , by Bruce L. Rodgers
and Karen S. Rodgers, husband and wife.
My Commission Expires: / ~/~1/ ~o~(
Notary Public
NO TES.
THIS DRAWING MA Y ONLY BE USED
FOR THE EXCLUSIVE PURPOSE OF
OBTAINING PERMITS FOR TAlE
CONSTRUCTION WORK SHOWN
NO TREES WILL BE REMOVED DURING
THE COURSE OF TAILS PROJECT ALL
VEGETATION DISTURBED SH,4LL BE
RESTORED lAW THE SEGUENCE OF
EVENTS ON SHEEr 8 OF 8.
LAKE
E att O~mOro
in~vMuoi prop Y __ ~,~
ote~
Prop.
Bulkhoad
Approx. ONW
Prop. il' Return Wall
\
\
\
\
\
\
ADJA,CENT PROPERTY OWNERS
/. ,4. G. ~0~, --~%
\
\
\
\
\, /
, ,/
A-J4.$O'
RA TON COURT
SCALE I'.
PURPOSE: Erosion Prevention
And Access
o^ru~ OHW
ADJACENT PROPERTY OWNERS:
1. See Sheet 2
OAr~ 18 September 1996
RgFITRT?
PROPOSED BULKHEAD & DOCK
I.= Lake
AT 920 Raton Court
CITY OF VIRGINIA BEACH
STATE OF VIRGINIA
APPLICATION BY' K. Rodgers
SHEET 2 OF 6
- 30 -
Item V-K. 5. b
ORDINANCES
ITEM # 42158
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to authorize temporary encroachment into a portion of the
City's right-of-way at 83rd Street to Edward F. and Carol Anne Ross re
maintaining a wooden trellis (LYNNHA VEN BOROUGH).
The following conditions shall be required:
,
That said 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.
.
This temporary encroachment 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
right-of-way at 83rd Street by the party of the second part; and
that the party of the second part shall bear all costs and
expenses of such removal.
.
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.
,
Nothing in the agreement shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified and
to the limited extent specified, nor to permtt the matntenance
and construction of any encroachment by anyone other than the
party of the second part.
5 The party of the second part agrees to matntain said
encroachment so as not to become unsightly or a hazard.
6.
The party of the second part must submit and have approved a
traffic control plan before commencing work in the City's right-
of-way.
The party of the second part agrees that no open cut of the
public roadway shall be allowed except under extreme
circumstances, having been submitted to the Highway Division,
Department of Public Works for final approval.
.
The party of the second part must obtain a permit from the
Development Services Center prior to commencing any
construction withtn the City 's right-of-way.
May 27, 1997
1 Requested by Department of Public Works
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AN ORDINANCE TO AUTHORIZE A
TEMPORARY ENCROACHMENT INTO
A PORTION OF CITY'S RIGHT-
OF-WAY AT 83RD STREET TO
EDWARD F. ROSS, JR. AND
CAROL ANN ROSS, HUSBAND AND
WIFE, THEIR HEIRS, ASSIGNS
AND SUCCESSORS IN TITLE
WHEREAS, Edward F. Ross, Jr. and Carol Ann Ross wish to
maintain a temporary encroachment into the City's right-of-way at
83rd Street to construct and maintain a wooden trellis.
WHEREAS, City Council is authorized pursuant to §~ 15.1-
316 and 15.1-893, Code of Virginia, 1950, as amended, to authorize
temporary encroachments into the City's rights-of-way and easements
subject to such terms and conditions as Council may prescribe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in §§ 15.1-316 and 15.1-893, Code of Virginia, 1950, as
amended, Edward F. Ross, Jr. and Carol Ann Ross, husband and wife,
their heirs, assigns and successors in title are authorized to
encroach into a portion of the City's right-of-way in order to
maintain a wooden trellis into that portion of the City's right-of-
way as shown on the plat entitled: "PHYSICAL SURVEY OF LOT 6, BLK.
9, CAPE HENRY SYNDICATE, SECTION D, VIRGINIA BEACH, VA. FOR EDWARD
F. ROSS AND CAROL ANN ROSS," a copy of which is on file in the
Department of Public Works and to which reference is made for a
more particular description; and
BE IT FURTHER ORDAINED, that the temporary encroachment
is expressly subject to those terms, conditions and criteria
contained in the Agreement between the City of Virginia Beach and
Edward F. Ross, Jr. and Carol Ann Ross, (the "Agreement") which is
attached hereto and incorporated by reference; and
BE IT FURTHER ORDAINED that the City Manager or his
authorized designee is hereby authorized to execute the Agreement.
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BE IT FURTHER ORDAINED, that this Ordinance shall not be
in effect until such time as Edward F. Ross, Jr. and Carol Ann Ross
and the City Manager or his authorized designee execute the
Agreement.
Adopted by the Council of the City of Virginia Beach,
27
Virginia, on the day of May , 1997.
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CA-6623
ORDIN\NONCODE\ROSS. ORD
R-1
PREPARED: 4/23/97
OVED AS ,TO CONTENTS
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
CITY
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TA~ES
UNDER SF~'~IONS 58
AND 58.1-811(C)(4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT made this ~ day of ~-~2~~
, .... / '
19 ~ ~ , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, Grantor, party of the first part, and
EDWARD F. ROSS, JR. AND CAROL ANN ROSS, HUSBAND AND WIFE,
ITS/HIS/THEIR/HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE,
Grantee, party of the second part.
WITN~SSETH:
That, WHEREAS, the party of the second part is the
owner of that certain lot, tract, or parcel of land designated
and described as "Lot 6, Block 9, Cape Henry Syndicate, Section
D" and being further designated and described as "8300 Ocean
Front Avenue, Virginia Beach, Virginia 23451 GPIN 2419-69-
1916" and
That, WHEREAS, it is proposed by the party of the
second part to construct and maintain a wooden trellis in the
City of Virginia Beach; and
WHEREAS, in constructing and maintaining such wooden
trellis, it is necessary that the said party of the second part
encroach into a portion of an existing City right-of-way known as
$3rd Street; and said party of the second part has requested that
the party of the first part grant a temporary encroachment to
facilitate such wooden trellis within a portion of the City's
right-of-way known as 83rd Street.
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
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 right-of-way known as
83rd Street for the purpose of constructing and maintaining such
wooden trellis.
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 temporary encroachment into a
portion of the City's right-of-way known as
83rd Street as shown on that certain plat
entitled: "PHYSICAL SURVEY OF LOT 6, BLK.
9, CAPE HENRY SYNDICATE, SECTION D, VIRGINIA
BEACH, VA. FOR EDWARD F. ROSS AND CAROL ANN
ROSS," a copy of which is attached hereto as
Exhibit "A" and to which reference is made
for a more particular description.
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 right-of-way known as 83rd Street 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 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 temporary
encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the
party of the second part must submit and have approved a traffic
control plan before commencing work in the City's right-of-way.
It is further expressly understood and agreed that the
party of the second part agrees that no open cut of the public
roadway shall be allowed except under extreme circumstances.
Such exceptions shall be submitted to the Highway Division,
Department of Public Works, for final approval.
It is further expressly understood and agreed that the
party of the second part must obtain a permit from the
Development Services Center prior to commencing any construction
within the City's right-of-way.
It is further expressly understood and agreed that the
party of the second part shall obtain and keep in force All Risk
Property Insurance and General Liability or such insurance as is
deemed necesSary by the party of the first part, and all
insurance policies must name the party of the first part as
additional named insured or loss payee, as applicable. The party
of the second part also agrees to carry Comprehensive General
Liability Insurance in an amount not less than $500,000.00,
combined single limits of such insurance policy or policies. The
party of the second part will provide endorsements providing at
least thirty (30) days written notice to the party of the first
part prior to the cancellation or termination of, or material
change to, any of the insurance policies. The party of the
second part assumes all responsibilities and liabilities, vested
or contingent, with relation to the temporary encroachment.
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 temporary 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 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 temporary
encroachment is allowed to continue thereafter, andshall collect
such compensation and penalties in any manner provided by law for
the collection of local or state taxes.
IN WITNESS WHEREOF, Edward F. Ross, Jr. and Carol Ann
Ross, the said party of the second part has caused this Agreement
to be executed by his signature and seal duly affixed. 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.
( SEAL )
ATTEST:
City Clerk
CITY OF VIRGINIA BEACH
City Manager/Authorized
Designee of the City Manager
~ PP[-~C: ;rD ?~'
LEE::&!_ ,7,'j'~ ,','., ~ '
Edward F. Ross~-Jr./~
Carol Ann Ross ~
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this day of , 19 , by
, CITY MANAGER/AUTHORIZED DESIGNEE OF THE
CITY MANAGER.
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this day of , 19 , by RUTH HODGES
SMITH, City Clerk for the CITY OF VIRGINIA BEACH.
My Commission Expires:
Notary Public
CITY/COUNTY OF! ~/,~ ~ o ~d ~-
, to-wit:
The foregoing instrument was acknowledged before me
this/~ ~ '~.~(~
. . day of ._ ~/~ , 19 ~ , by Edward F. Ross,
/
Jr..
Notary P~{bl ic
My Commission Expires: ~ ~, /?~,,:7
STATE OF ~'A~ ,'/W,'~
CITY/COUNTY O~ A/~nr~ ~d ~
to-wit'
this / ~ ~-'
The foregoing instrument was acknowledged before me
day of z~~ , 19 ~ , by Carol Ann Ross.
× /
-z/- Notar~/ Public
My Commission Expires: /~ ?~/ /~'~ 7
THIS IS TO CERTIFY THAT I. ON SEPT. 25, 1980 SURVEYED
THE PROPERTY SHOWN ON THIS PLAT. AND THAT THE TITLE LINES AND THE WALLS OF THE
BUILDINGS ARE SHOWN ON THIS PLAT.
THE BUILDINGS STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE NO
ENCROACHMENTS OR VISIBLE EASEMENTS. EXCEPT AS SHOWN. ,,~/. //_~f~_~.<~
PHYSICAL SURVEY
OF
LOT 6, BLK. 9, CAPE HENRY SYNDICATE,
VIRGINIA BEACH, VA.
FOR
EDWARD F. ROSS
&
CAROL ANN ROSS
ALTON M. BUTLER
LAND SURVEYOR, P ~
VIRGINIA BEACH, VA.
SCALE: 1" = 20'
SEPT. 25, 1980
ttANSON & STALLINGS 37579
SEC~,ION D
286/159
Edward Ross, Jr.
8300 Ocean Front - Virginia Beach
I, as a neighbor in the vicinity of 8300 Ocean Front, do NOT object to the recently
constructed outdoor garden trellis on the above named property.
NAME ADDRESS
15 ~.L~ ~~
21.
22.
23.
24.
25.
'
- 32 -
Item V-K. 5. c.
ORDINANCES
ITEM # 42159
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to authorize temporary encroachment into a portion of the
Ctty's right-of-way at 716 Vanderbilt Avenue to John Barbarian re
maintaining a chain link fence (L YNNHA VENBOROUGH)
The following conditions shall be required:
That said 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.
This temporary encroachment shall terminate upon nottce 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 shah be removed from the City's
right-of-way at 716 Vanderbilt Avenue by the party of the
second part; and that the party of the second part shall bear all
costs and expenses of such removal.
.
The party of the second part shah indemnify and hold harmless
the City of Virginia Beach, its agents and employees from and
against all claims, damages, losses and expenses tncluding
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.
.
Nothing in the agreement shah be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified and
to the limited extent specified, nor to permit the maintenance
and construction of any encroachment by anyone other than the
party of the second part.
5. The party of the second part agrees to maintain satd
encroachment so as not to become unsightly or a hazard.
6.
The party of the second part must submit and have approved a
traffic control plan before commencing work in the City's right-
of-way
The party of the second part agrees that no open cut of the
public roadway shall be allowed except under extreme
circumstances, having been submitted to the Highway Division,
Department of Public Works for final approval.
The party of the second part must obtain a permit from the
Development Services Center prior to commencing any
construction within the City's right-of-way.
The party of the second part must post a Performance Bond in
the amount of Five Hundred Dollars prior to issuance of a
Highway permit.
May 27, 1997
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Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE A
TEMPORARY ENCROACHMENT INTO
A PORTION OF CITY'S RIGHT-
OF-WAY AT 716 VANDERBILT
AVENUE TO JOHN BARBARIAN,
HIS HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE
WHEREAS, John Barbarian wishes to maintain a temporary
encroachment into the City's right-of-way at 716 Vanderbilt Avenue
to construct and maintain a chain link fence (height 4').
WHEREAS, City Council is authorized pursuant to §§ 15.1-
316 and 15.1-893, Code of Virginia, 1950, as amended, to authorize
temporary encroachments into the City's rights-of-way and easements
subject to such terms and conditions as Council may prescribe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in §§ 15.1-316 and 15.1-893, Code of Virginia, 1950, as
amended, John Barbarian, his heirs, assigns and successors in title
are authorized to encroach into a portion of the City's right-of-
way in order to maintain a chain link fence into that portion of
the City's right-of-way as shown on the plat entitled: "SITE PLAN
LOT 6 BLOCK 17 & 1/2 OF ALLEY CROATAN BEACH MB. 24 P. 37
LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA SCALE 1"=20' 5 JULY
1995 MADE FOR JOHN BARBARIAN," a copy of which is on file in the
Department of Public Works and to which reference is made for a
more particular description; and
BE IT FURTHER ORDAINED, that the temporary encroachment
is expressly subject to those terms, conditions and criteria
contained in the Agreement between the City of Virginia Beach and
John Barbarian, (the "Agreement") which is attached hereto and
incorporated by reference; and
BE IT FURTHER ORDAINED that the City Manager or his
authorized designee is hereby authorized to execute the Agreement.
36
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39
40
BE IT FURTHER ORDAINED, that this Ordinance shall not be
in effect until such time as John Barbarian and the City Manager or
his authorized designee execute the Agreement.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 27 day of May , 1997.
41
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CA-6624
ORDIN\NONCODE\Barbarian. ORD
R-1
PREPARED: 4/23/97
OVED AS TO CONTENTS
SIGNATURE , ,
DEPARTM~N~ '
~PPROVED ~S TO LEG&L
SUFFICZENCYAND FOI~I:
- CITY ATT~~Y
PREPARED BY VIRGIN~'A BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58 1-811(a)(3)
AND 58 1-811(c)(4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this
-- day of~ ~'~ ~ ~r~,,~ ,
19 ~, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, Grantor, party of the first part, and JOHN
BARBARIAN, WIDOWER, ITS/HIS/THEIR/HER HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE, Grantee, party of the second part.
W I T N E S S E T H:
That, WHEREAS, the party of the second part is the
owner of that certain lot, tract, or parcel of land designated
and described as "Lot 6, Block 17 & 1/2 of Alley, Croatan Beach,
Lynnhaven Borough" and being further designated and described as
"716 Vanderbilt Avenue, Virginia Beach, Virginia 23451 GPIN
2426-38-7127" and
That, WHEREAS, it is proposed by the party of the
second part to construct and maintain a chain link fence (height
4'), hereinafter referred to as "fence" in the City of Virginia
Beach; and
WHEREAS, in constructing and maintaining such "fence,"
it is necessary that the said party of the second part encroach
into a portion of an existing City right-of-way known as
Vanderbilt Avenue; and said party of the second part has
requested that the party of the first part grant a temporary
encroachment to facilitate such "fence" within a portion of the
City's right-of-way known as Vanderbilt Avenue.
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 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 right-of-way known as
Vanderbilt Avenue for the purpose of constructing and maintaining
such fence.
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 temporary encroachment into a
portion of the City's right-of-way known as
Vanderbilt Avenue as shown on that certain
plat entitled: "SITE PLAN LOT 6 BLOCK 17 &
1/2 OF ALLEY, CROATAN BEACH, MB. 24 P. 37,
LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA,
SCALE L" = 20', 5 JULY 1995, MADE FOR JOHN
BARBARIAN" a copy of which is attached
hereto as Exhibit "A" and to which reference
is made for a more particular description.
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
2
City's right-of-way known as Vanderbilt Avenue 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 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 temporary
encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the
party of the second part must submit and have approved a traffic
control plan before commencing work in the City's right-of-way.
It is further expressly understood and agreed that
the party of the second part agrees that no open cut of
the public roadway shall be allowed except under extreme
circumstances. Such exceptions shall be submitted to the Highway
Division, Department of Public Works, for final approval.
It is further expressly understood and agreed that the
party of the second part must obtain a permit from the
Development Services Center prior to commencing any construction
within the City's right-of-way.
It is further expressly understood and agreed that
prior to issuance of a Highway permit, the party of the second
part must post a Performance Bond in the amount of Five Hundred
Dollars ($500).
It is further expressly understood and agreed that the
party of the second part shall obtain and keep in force All Risk
Property Insurance and General Liability or such insurance as is
deemed necessary by the party of the first part, and all
insurance policies must name the party of the first part as
additional named insured or loss payee, as applicable. The party
of the second part also agrees to carry Comprehensive General
Liability Insurance in an amount not less than $500,000.00,
combined single limits of such insurance policy or policies. The
party of the second part will provide endorsements providing at
least thirty (30) days written notice to the party of the first
part prior to the cancellation or termination of, or material
change to, any of the insurance policies. The party of the
second part assumes all responsibilities and liabilities, vested
or contingent, with relation to the temporary encroachment.
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 temporary 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 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
($100.00) per day for each and every day that such temporary
encroachment is allowed to continue thereafter, and shall collect
such compensation and penalties in any manner provided by law for
the collection of local or state taxes.
IN WITNESS WHEREOF, Jonh Barbarian, the said party of
the second part has caused this Agreement to be executed by his
signature and seal duly affixed. Further, that the City of
Virginia Beach has caused this Agreement to be executed in its
name and on its behalf by its City Manager and its seal be
hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
( SEAL )
ATTEST:
City Clerk
'~°hn ~arbarian
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
this
The foregoing instrument was acknowledged before me
day of , 19 , by
, CITY MANAGER/AUTHORIZED DESIGNEE OF THE
CITY MANAGER.
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this day of , 19 , by RUTH HODGES
SMITH, City Clerk for the CITY OF VIRGINIA BEACH.
My Commission Expires:
Notary Public
STATE OF '~,~1,~i'~
CITY/COUNTY OF V,rc,..4,~
The foregoing instrument was acknowledged before me
this ~ 7 r~ day of ~L,~ -~ 19 9 7 by '~
My Commission Expires:
Notary Public
Elevahone shown hereto tiler to
Nol~onal Ocean Survey detum.
Mean Sea
EXHIBIT "A"
Proposed ~levoholll :~
~xf sling £1evohons:Gu-
C~ty w~ter B aewerofe AVAILABL£
O.l.y flood ,ellltonf moM, al may
be uled below the IOO year flood
ele vohonl
..chored mM ~dequefe
bel~ Me IO0 ~.r flood
No m~ham~l w eMcfr~col
equipment may be located
~M I~ yew flood
New ~fer ~ tap ~nd
~ fo be msfolled by
Fwce ~ of Oe~l~er ~
e
SIDE_
SIDE CORN[~
_
HEIGHT
Insl~ector P~[$) ,' : $0.0', e.t
iI, B 2'dll ,I,. 37
7' TMeJ
W [ i
Ed/e~ M' ~l
%\\
- 34 -
Item V-K. 6.
ORDINANCES
ITEM # 42160
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to authorize the City Manager execute a Deed of Easement
for the Vacation of portions of a City-owned 20' drainage on property
of Berkshire Associates, L.P, north side of Virginia Beach Boulevard
contiguous to West Lane. (L YNNHA VEN BOROUGH).
~ting:
10-0 (By ConsenO
Council Members Voting Aye:
John A Baum, Linwood O. Branch, III, Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf
Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay'
None
Council Members Abstaining:
William W. Harrison, Jr.
Council Members Absent:
None
*Councilman Harrison ABSTAINED on Item 6, as his law firm has provided legal services to Berkshire
Associates.
May 27, 1997
ORDINANCE NO.
2
3
4
5
6
7
8
9
10
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A DEED OF EASEMENT
AND VACATION OF EASEMENT VACATING A 69
SQ. FT. AND 279 SQ. FT. PORTION OF A
20' DRAINAGE EASEMENT IN EXCHANGE FOR
THE DEDICATION OF AN ADDITION OF 317
SQ. FT. TO THE 20' DRAINAGE EASEMENT
RELATING TO PROPERTY OWNED BY
BERKSHIRE ASSOCIATES, L.P.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
WHEREAS, Berkshire Associates, L.P., a Virginia limited
partnership, hereinafter "Owner", is the fee simple owner of a
parcel of land designated "6.836 ACRES" on that certain plat
entitled "PLAT SHOWING PORTION OF 20' DRAINAGE EASEMENT TO BE
VACATED AND VARIABLE WIDTH DRAINAGE EASEMENT TO BE DEDICATED TO THE
CITY OF VIRGINIA BEACH, VIRGINIA BY BERKSHIRE ASSOCIATES, L.P.,
LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA," dated April 22,
1997, prepared by John E. Sirine & Associates, Ltd., Surveyors-
Engineers-Planners, a copy of which is attached hereto as Exhibit
A and made a part hereof;
WHEREAS, by Deed of Easement, dated May 10, 1984, duly
recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Deed Book 2338, at page 2045, Owner's
predecessor in title dedicated to the City of Virginia Beach a 20'
drainage easement as shown on the plat referred to therein and
recorded in the aforesaid Clerk's Office in Map Book 179, at page
52;
WHEREAS, Owner has requested that the City vacate a 69
sq. ft. and 279 sq. ft. portion of the aforesaid drainage easement
in exchange for a 317 sq. ft. addition to such drainage easement to
be dedicated to the City by Owner, all as shown on the aforesaid
plat attached hereto; and
WHEREAS, the Owner represents and warrants that the
vacation of the aforesaid portions of the drainage easement and the
dedication of the addition thereto would sufficiently accommodate
36
37
38
39
40
41
42
43
44
45
46
47
48
49
5O
51
52
53
54
55
56
57
the drainage of surface water intended by the originally dedicated
easement.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That, subject to all appropriate conditions or provisions
of law that may be determined by the Director of Public Works
and/or the City Attorney, the City Manager or his designee is
hereby authorized to execute a Deed of Easement and Vacation of
Easement similar to the copy attached hereto as Exhibit B and made
a part hereof between Berkshire Associates, L.P., a Virginia
limited partnership, and the City of Virginia Beach, wherein the
City vacates the portions of the 20' drainage easement therein
described and Owner dedicates to the City the addition to said 20'
drainage easement therein described.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 27 day of May , 1997.
This Ordinance requires an affirmative vote of three-
fourths of the members of City Council.
CA-6659
R-1
Prepared: 5/21/97
G \data\deeds\streetclosure\ca6659
Departrfie{i~f Pubhc Works' '
APPROVED AS TO
LEGAL SUFFICIENCY
Department
PREPARED BY:
Wilks & Alper, P.C.
700 Town Poznt Center
150 Boush Street
Norfolk, VA 23510
EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS
58.1-811(a)(3) AND 58.1-811(c)(4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-49
THIS DEED OF EASEMENT AND VACATION OF EASEMENT, made this let
day of May, 1997, by and between BERKSHIRE ASSOCIATES, L.P., a
Virginia limited liability company, Grantor, party of the first
part, and the CITY OF VIRGINIA BEACH, a municipal corporation in
the Commonwealth of Virginia, Grantee, party of the second part;
W I T N E S S E T H:
That for and in consideration of the mutual benefits accruing
or to be accrued to the above mentioned parties, and other good and
valuable consideration, the receipt of which is hereby
·
·
acknowledged, the party of the first part does hereby dedicate,
grant and convey or release with GENERAL WARRANTY the respective
interest of the party of the first part in and to the hereinafter
described perpetual right of way and easement, to the party of the
second part, and/or its successors and assigns, to construct,
reconstruct, alter, operate and maintain drainage facilities in,
under, upon and across lands and property of the party of the first
part, including the right of ingress and egress to the same,
described as follows:
All that certain strip of land, lying, situate and being
in the City of Virginia Beach, Virginia and designated
and described as "PORTION OF 20' DRAINAGE EASEMENT HEREBY
DEDICATED TO THE CITY OF VIRGINIA BEACH UNLESS OTHERWISE
GPIN NO. 2407-96-5126-0000
05/20/97 16.16
625 650~
I1'I LKS & ALFI~R i"C,
SPECIFIED (317 SQ. FT./0.007 ACRE)" on that certain plat
entitled "PLAT SHOWING PORTION OF 20' DRAINAGE EASEMENT
TO BE VACATED AND VARIABLE WIDTH DRAINAGE EASEMENT TO BE
DEDICATED TO THE CITY OF VIRGINIA BEACH, VIRGINIA BY
BERKSHIRE ASSOCIATES, L.P. LYNNHAVEN BOROUGH VIRGINIA
BEACH, VIRGINIA", dated April 22, 1997, duly recorded in
the Clerk's Office of the Circuit Court of the City of
Virginia Beach, virginia, in Map Book_____, at page__..
It is agreed between the parties hereto that the party of the
second part and its agents, assigns, and/or successors shall have
the right to inspect the same easement and to cut and clean all
undergrowth and other obstructions xn and along the said drainage
easement or adjacent thereto that may in any way endanger or
interfere with the proper use of same.
The party of the first part covenants that it is seized in fee
simple of the said property and has the right to grant the above
described easement to the said party of the second part; that the
~aXd party of the second Dart, shall have quiet and peaceable
possession of the same, free from all encumbrances; and that it,
the party of the first part will execute such further assurances of
title as may be requisite.
The party of the first part agrees that the said party of the
second part shall not be liable for any maintenance work whatsoever
to the areas encompassed in this easement except if said party of
the second part is required to perform excavation within the
easement in order to effectuate maintenance or repair of drainage
facilities that are dedicated to the party of the second part. All
other maintenance of the land encompassed by this easement shall be
done by the party of the first part and the party of the second
05/20/9? 1~:16
~¥ILKS & ALPER PC
~F!jUIz
part shall have no duty or liability to perform any routine
maxntenance work in this easemen% other than that work whxch arises
out of maintaining or repairing the drainage facilities.
The party of the first part agrees that when requested by the
party of the second part, it shall remove any fence(s),
structure(s), landscaping or vehicle parking within for%y-eight
(48) hours of receipt of written notice requesting such removal.
Excep% that in an emergency; or failure to remove after written
notice; the party of the second part will remove, or have removed
by others, any impediment to access, maintenance or operation and
the party of the f~rst part agrees that it is responsible for
replacement of said fence(s), structure(s), landscaping or vehicle
parking at its sole expense.
The party of %he first par% covenants and agrees for itself
aHd its assigns and successors, that the consideration
aforementioned shall be in lieu of any and all claims of
compensation and damages by reason of the location, construction,
reconstruction, alteratIon or maintenance of said ~acility.
By joining in the execution of this instrument, the party oX
the second part hereby vacates and releases its drainage easement
rights in and to those certain strips of land designated on the
aforesaid plat as "PORTION OF 20' DRAINAGE EASEMENT HEREBY VACATED
(279 SQ. FT./0.006 ACRE)" and "PORTION OF 20' DRAINAG~ EASEMENT
HEREBY VACATED (69 SQ. FT./0.002 ACRE)".
TRSTE, Inc., Substitute Trustee, hereby Join in the execution
of this instrument for the sole and express purpose of
05/20/97 16'17 '~"804 623 6508
WILKS & ALPER PC
~ UlJ
subordinating to the rights hereby granted to the party of the
second part the lien of the following deeds of trust:
(a) The deed of trust of party of the party of the first
part, dated April 1, 1984, duly recorded in the Clerk's
Office of the Circuit Court of the City of Virginia
Beach, Virginia, in Deed Book 2336, at page 1308,
securxng the payment oX an indebtedness in the original
principal amount of $2,970,000;
(b) Deed of Trust of party of the first part, dated April 1,
1984, duly recorded in the aforssaid Clerk's Office in
Deed Book 2336, at page 1338, securing the payment of an
indebtedness in the original principal amount of
$330,000.
First Union National Bank of Virginia, the owner and holder of
th9 indebtednesses secured by the aforesaid deeds of trust, hereby
joins in the execution of this Deed of Easement for the express and
sole purpose of consenting to the aforesaid subordination.
WITNESS the following signatures:
BERKSHIRE ASSOCIATES, L.P., a
Virginia limited liability company
By:
Ramon W. Breeden, Jr.
General Partner
APPROVED AS TO
FORM:
City Attorney
CITY OF VIRGINIA BEACH VIRGINIA, a
municipal corporation
By:
City Manager
05/Z0/97 IU.17 "{;~U4 U~3 OSUb
TRSTE, INC., a Vir0inia corporation,
Substitute Trustee
FIRST UNION NATIONAL BANK OF VIRGINIA
By:
Vice President
COMMONWEALTH OF VlRG1NIA
CITY OF , to-wit:
The foregoing instrument was acknowledged before me this
day of May, 1997, by RAMON W. BREEDEN, JR., General Partner of
Berkshire Associates, L.P., on behalf of the partnership.
My. Commission Expires:
Notary Public
COMMONWEALTH OF VIRGINIA
CITY OF , to-wit:
The foregoing instrument was acknowledged before me th£s ~,
day of May, 1977, by._ , City Manager of the
City of Virginia Beach, Virginia.
My Commission Expires:
Notary Publlc
05/20/97 16.15 '~504 623 6505
COMMONWEALTH OF VIRGINIA
CITY OF , to-wit:
The foregoing instrument was acknowledged before me this
day of May, 1997, by , ,
of TRSTE, INC., a Virginia corporation, Substitute Trustee, on
behalf of said corporation.
My Commission Expires:
Notary Public
COMMONWEALTH OF VIRGINIA
CITY OF , to-wit:
The foregoing instrument was acknowledged before me this
day of May, 1997, by ,
of FIRST UNION NATIONAL BANK OF VIRGINIA, N.A. on behalf of the
Bank.
My Commission Expires:
·
·
Notary Public
05/21/97
623 6508
I¥1LKS & ALPER FL
WILKS & ALPER, P.C.
ATTORNEYS AND COUNSELORS AT LAW
Suite 700, Town Point Center
150 Boush Slreet
NorfolK, V~rgin~a 23510-1626
(757) 623-6500
Fax, (757) 623-6508
E-Mail: scalperl@aoi.com
May 21, 1997
David S. Hay, Esq.
Assistant City Attorney
City Attorney Office Annex
Building 20
2412 North Landing Road
Virginia Beach, VA 23456
Re:
Berkshire Associates w. Berkshire Apartments, L.L.C.
Berkshire Apartments, Virgil, s Beach, Virginia
Our File No. 31228
Dear David:
As you are aware, I represent Berkshire Associates in connection with the
pending sale of Berkshire Apartments to Berkshire Apartments, L.L.C., settlement
for which sale is scheduled to occur on June 2, 1997.
As a result of the preparation of a physical survey of the apartment project
by John E. Sirine & Associates, Ltd., it was discovered that apartment building
numbered 1521 and apartment building numbered 1505 encroach upon a drainage
easement granted by deed to the City in 1984, and the title insurance company for
the purchaser is requiring the elimination of these encroachments.
With regard to the encroachment by building numbered 1521, such
encroachment only involves a 69 sq. ft. area of the drainage easement and the City
is being requested to vacate such portion of such drainage easement. With regard
to the encroachment by building numbered 1505, such encroachment involves a
279 sq. ft. area of the subject drainage easement which the City is being requested
to vacate, in exchange for which Berkshire Associates, proposes to grant, in
substitution therefor, a 317 sq. ft. parcel as an addition to such drainage easement.
We have been assured by Paul Oarrett of' John E. Sirine & Associates, Ltd. that
neither of the aforesaid apartment buildings which encroach upon the drainage
easement are located over any drainage pipes, and the requested vacation of
easement areas and the dedication of the additional area will have no adverse effect,
whatsoever, upon the utilization of the drainage easement for the purposes originally
intended. Each of the vacation areas of the easement and additional area to be added
to the easement are shown on the plat referred to in the proposed Deed of Easement
and Vacation of Easement instrument previously submitted to you.
05/21/97 08'39 ~'804 623 8508
WlLKS & ALPER PC
David S. Hay, Esq.
May 21, 1997
Page 2
Trusting the foregoing is sufficient explanation of the reason for the
requested easement vaoation, ! remain
JFW: gb
Very truly yours,
Wilks
- 35 -
Item V-K. 7.
ORDINANCES
ITEM # 42161
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance appointing viewers in the petition of The Runnymede
Corporation for the closure of portions of rights-of-way known as Pine
Street and Poplar Street, West of Rosemont Road and South of the
Virginia Beach Expressway (Rt. 44) (L YNNHA VEN BOROUGH).
The Viewers are:
David M. Grochmal
Director of General Services
Robert ,I. Scott
Director of Planning
Ralph A. Smith
Director of Public Works
Voting:
1 I-0 (By ConsenO
Council Members Voting ,,lye:
John A. Baum, Linwood O. Branch, III, William W Harrison, Jr, Harold
Heischober, Barbara M Henley, Louis R Jones, Reba S. McClanan,
Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Loutsa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 27, 1997
ORDINANCE APPOINTING VIEWERS
I
WHEREAS, The Runnymede Corporation has given due and proper notice, in accordance
with the statutes for such cases made and provided, that they will on the 27th day of May, 1997,
apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of viewers to
view the below-described property and report in writing to the Council whether, in the opinion of
said viewers, any, and if any, what inconvenience would result from the discontinuance of the
hereinat~er described portions of those certain streets of variable width, and has filed such
application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach,
Virginia:
THAT
Robert J. Scott
David M. Grochmal
and
Ralph A. Smith arehereby
appointed to view the below-described property and report in writing to the Council, as soon as
possible, whether in their opinion, any and if any, what inconvenience would result in the
discontinuing and vacating of a portion of those certain streets of variable width located in the City
of Virginia Beach, Virginia, and more particularly described as follows:
PINE STREET: A portion of a Right of Way known as Pine Street, beginning
at a point which is the northeastern intersection of Pine Street and Fourth Street and
running thence south S04 °22'17"W a distance of 457.03 feet to the imersection of
South Boulevard, said Right of Way being 66.01 feet in width.
POPLAR STREET: A portion of a Right of Way known as Poplar Street,
beginning at a point which is the Northwestern intersection of Poplar Street and
Fourth Street and nmning thence South S04°22'17"W a distance of 456.99 feet to the
intersection of South Boulevard, said Right of Way being 66.06 feet in width.
All of which aforesaid streets are shown on a certain Plat entitled "PLAT SHOWING
A PORTION OF PINE STREET AND POPLAR STREET TO BE CLOSED,
LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA, April 28, 1997",
which plat is attached hereto as Exhibit A-1.
ADOPTED BY THE COUNCIL of the City of Virginia Beach,,
Virginia,. on this 27 day of May , 1997.
NOTICE
PLEASE TAKE NOTICE, that at the meeting of the City Council of the City of Virginia
Beach, Virginia, to be held on the 27th day of May, 1997, at 6:00 p.m., at the City Hall of the
City of Virginia Beach, Princess Anne Station, the undersigned will petition the Council for the
appointment of Viewers to view the below-described portion of those certain streets and report
to the City Council whether in the opinion of the Viewers, what, if any, inconvenience would
result from the vacating, closing and discontinuance of same, the said portion of said streets
being described as follows:
PINE STREET: A portion of a Right of Way known as Pine Street,
beginning at a point which is the northeastern intersection of Pine Street and
Fourth Street and running thence south S04°22'17"W a distance of 457.03
feet to the intersection of South Boulevard, said Right of Way being 66.01
feet in width.
POPLAR STREET: A portion of a Right of Way known as Poplar Street,
beginning at a point which is the Northwestern intersection of Poplar Street
and Fourth Street and running thence South S04°22'17"W a distance of
456.99 feet to the intersection of South Boulevard, said Right of Way being
66.06 feet in width.
All of which aforesaid streets are shown on a certain Plat entitled "PLAT
SHOWING A PORTION OF PINE STREET AND POPLAR STREET TO
BE CLOSED, LYNNHAVEN BOROUGH - VIRGINIA BEACH,
VIRGINIA, April 28, 1997", which plat is attached hereto as Exhibit A-1.
At that time, anyone affected may appear and present his views.
After the report of the Viewers is received, at the next regular meeting of the City
Council, or as soon thereafter as the matter may be placed on the agenda, the undersigned will
Petition the City Council to vacate, close, and discontinue those portions of the aforesaid streets
in the City of Virginia Beach, Virginia, described above.
WM. DAVID TIMBERLAKE
Of Counsel
IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A PORTION OF
THOSE CERTAIN STREETS OF VARIABLE WIDTH, KNOWN AS, Pine Street and
Poplar Street, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "Plat Showing a
Portion of Pine Street and Poplar Street To Be Closed" WHICH PLAT IS ATTACHED
HERETO.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioner, The Runnymede Corporation, respectfully represents as follows:
PINE STREET: A portion of a Right of Way known as Pine Street, beginning at a point
which is the northeastern intersection of Pine Street and Fourth Street and running thence
south S04°22'17"W a distance of 457.03 feet to the intersection of South Boulevard, said
Right of Way being 66.01 feet in width.
POPLAR STREET: A portion of a Right of Way known as Poplar Street, beginning at a
point which is the Northwestern intersection of Poplar Street and Fourth Street and running
thence South S04°22'17"W a distance of 456.99 feet to the intersection of South Boulevard,
said Right of Way being 66.06 feet in width.
All of which aforesaid streets are shown on a certmn Plat entitled "PLAT SHOWING
A PORTION OF PINE STREET AND POPLAR STREET TO BE CLOSED,
LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA, April 28, 1997",
which plat is attached hereto as Exhibit A-1.
1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as
amended, the Petitioner applies for the vacating, closing, and discontinuance of a portion of those
certain streets, which is more specifically described as follows:
Said parcels of land being the portions of Pine Street and Poplar Street, as indicated
on that certain plat entitled "Plat Showing a Portion of Pine Street and Poplar Street To Be Closed
- Lynnhaven Borough - Virginia Beach, Virginia", which plat is attached hereto and made a part
hereof and intended to be recorded with the Ordinance closing the aforedescribed streets.
2. That no inconvenience will result to any persons by reason of said closing, vacation,
and discontinuance of said streets; and the Petitioner prays that this Honorable Council appoint
viewers as provided by law to view said platted streets proposed to be closed and to report in writing
to the Council on or before the
~day of
., 1997, as to whether in the opinion of
said Viewers, what inconvenience, if any, would result from the discontinuance and closing of said
streets, as herein reported and described.
3. That on the 2nd day of May, 1997 and on the 9th day of May, 1997, notice of the
presenting of this application was published in the Virginia Beach Sun, a newspaper of general
circulation in the City of Virginia Beach, Virginia.
4. That the fee simple owners of all land along and adjacent to and affected by said
portion of the platted streets are your Petitioners herein, The Runnymede Corporation, 2101 Parks
Avenue, Suite 600, Virginia Beach, Virginia.
Respectfully submitted,
THE RUNNYMEDE CORPORATION
Of Counsel
Wm. David Timberlake
Fine, Fine, Legum & Fine
2101 Parks Avenue, Suite 601
Virginia Beach, VA 23451
i i ii · i i i _ i i ii i i i i i i i ii
CROSS-HATCHED AREA DENOTES PORTIONS
OF PINE STREET AND POPLAR STREET
TO BE CLOSED.
TOTAL AREA = 60,337 SF OR 1.385 AC.
280.81'
t~L OCK 22
FOUR TH STREET (50' R~.)
S87'18'4-8'E S87'18'48"E
N87'18'48"W 280.81'
z
PARCEL '~ '
(MB 2/~, PC /04)
N86'54'OO'W N88'14'OO"W
UTILITIES ~ DRAINACE (MB 70, PO 42) ~, ,
DiN BY: KCR
PLAT SHOWING A PORTION OF
PINE STt~EET AND POPLAR STREET
TO BE CLOSED
LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA
APRIL 28, 1997
MILLER - STEPHENSON &: ASSOCIATES, P.C.
ENVIRONMENTAL SCIENCES, PLANNING,
SURVEYING & ENGINEERING
5033 ROUSE DRIVE VIRGINIA BEACH, VIRGINIA 23462
(804)490-9264 FAX: (804)490-0634
JOB# M127A
I SCALE:I" I, 100'
FB:
LOUIS S FINE, RETIRED
MORRIS H FINE
ANDREW S FINE
WILLIAM B SMITH
WM DAVID TIMBERLAKE
STEVEN P LETOURNEAU
M MICHELLE P McCRACKEN
KATHRYN ELIZABETH FINE
PROFESSIONAL ASSOCIATION
ATTORNE:YS AT LAW
PAVILION CENTER
2101 PARKS .~VENUE, SUITE 601
VIROIN~ B~CH, VIROINIA 23451
CERTIFICATE 0F VEST~G 0F TITLE
HOWARD I LEGUM (1922-1993)
TELEPHONE (757) 422-1678
FACSIMILE (757) 422-0865
I, Wm. David Timberlake, attorney for The Runnymede Corporation, do hereby
certify that:
1. I am an attorney at law and represent The Runnymede Corporation, the
petitioner.
2. If the property described below is discontinued, closed, and vacated by the
Council of the City of Virginia Beach, Virginia, then title to said property will vest in The
Runnymede Corporation.
3. The said property referred to herein is hereby described as follows:
PINE STREET: A portion of a Right of Way known as Pine Street, beginning
at a point which is the northeastern intersection of Pine Street and Fourth Street and
running thence south S04 °22'17"W a distance of 457.03 feet to the intersection of
South Boulevard, said Right of Way being 66.01 feet in width.
POPLAR STREET: A portion of a Right of Way known as Poplar Street,
beginning at a point which is the Northwestern intersection of Poplar Street and
Fourth Street and running thence South S04°22'17"W a distance of 456.99 feet to the
intersection of South Boulevard, said Right of Way being 66.06 feet in width.
All of which aforesaid streets are shown on a certain Plat entitled "PLAT SHOWING
A PORTION OF PINE STREET AND POPLAR STREET TO BE CLOSED,
LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA, April 28, 1997",
which plat is attached hereto as Exhibit A-1.
Wm. David Timberlake
AFFIDAVIT
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, Wm. David Timberlake, attorney for The Runnymede Corporation, being first duly
sworn, deposes and states:
1. That I am an attorney at law and represent The Runnymede Corporation.
2. That on the 2nd day of May, 1997, and on the 9th day of May, 1997, notice of
the presenting of the application to close a portion of those certmn streets known as Pine Street
and Poplar Street on behalf of The Runnymede Corporation, was published in the Virginia Beach
Sun, a newspaper of general circulation in the City of Virginia Beach, Virginia.
And further the deponent smth not.
Wm David T~mberlake
Subscribed and swom to before me this ~ g.~, day of (_~Lc~
!
,199g.
My commission expires:
.¢Notary Public
The Virginia Beach Sun
138 South Rosemont Road, Suite 209
Virginia Beach, VA 23452
affidavit
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH
to wit:
This day Andrea Greene
personally, appeared before me
and after being duly sworn made
oath:
(1) (He) (She)is affidavit clerk of
a newspaper published by Byerly
Publications, ~n the c~ty of V~rginia
Beach, State of V~rg~n~a;
(2) That the advertisement
hereto annexed of
The Runnymede Corp.
has been published, in said
newspaper on the following
dates: 5 - 2 - 97
5-9-97
19
t/i, / -_-~ ~ ~ I
\,_~;,, (, _~,_, ~,_ Affiant
Subscribed and sworn to before
me in my city and state aforesaid
this 9 t h day of t~a y
19 97
My com~ssion expires
June~ ~ 19 99
Nota~ Pub~
Public Notice
i i
NOTICE
PLEASE TAKE NOTICE, that
at the meeting of the City
Council of the City of Virginia
Beach, Virginia, to be held on
the 27[h day of May, 1997, at
6:00 p.m., at the City Hall of the
City of Virginia Beach, Princess
Anne Station, thc undersigned
will petltton the Council for the
appointment of Viewers to view.
the below-described portion of
those certain streets and report to
the City Council whether in the
opinion of the Viewers, what, if
any, inconvenience would result
from the vacating, closing and
discontinuance of same, the said
portion of said streets being
described as follows:
PINE STREET: A portion of a
Right of Way known as Pine
Street, beginning at a point
which is the northeastern
intersection of Pine Street and
Fourth Street and running thence
south S04°22'I7''W a distance of
457.03 feet to the intersection of
South Boulevard, said Right of
Way being 66.01 feet m w~dth.
POPLAR STREET: A poruon
of a Right of Way known as
Poplar Street, beginning at a
point which is the Northwestern
intersection of Poplar Street and
Fourth Street and runmng thence
South S04°22'17"W a distance of
456 99 feet to the intersection of
South Boulevard, said Right of
Way being 66.06 feet in width
All of which aforesaid streets
are shown on a certain Plat
entitled "PLAT SHOWING A
PORTION OF PINE STREET
AND POPLAR STREET TO BE
CLOSED, LYNNHAVEN
BOROUGH - VIRGINIA BEACH,
VIRGINIA, Apml 28, 1997",
which plat is attached hereto as
Exhibit A- 1.
At that time, anyone affected
may appear and present his
views.
After the report of the V~ewers
is received, at the next regular
meeting of the City Council, or
as soon thereafter as the matter
may be placed on the agenda,.
the undersigned will Petition the
City Council to vacate, close and
discontinue those portions of the
aforesaid streets in the City of
Virginia Beach, Virginia,
described above.
WM. DAVID TIMBERLAKE
Of Council
18-6
2t5-9
-36-
Item VoK. 8.
ORDINANCES
ITEM # 42162
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to authorize License Refunds in the amount of $48,433.53
upon application of certain persons and upon certification of the
Commissioner of the Revenue.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Wdliam W Harrison, Jr, Harold
Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan,
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 27, 1997
I
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following apphcabons for hcense refunds, upon cerbhcatJon
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE
YEAR PAID
PENALTY INTEREST
TOTAL
Krause Enterprises Inc(Mary Krause)
299 Wdhston Road 6 1995-96
Wdhston VT 05495
Mcgrananhan, T R
1541 Salem Road
Va Beach VA 23456
Audit 176 13
M~lls, Eleanore
314 16th Street
Va Beach VA 23451
1996 Audit 138 73
M~ttlestadt, Bdly R
205 Hall Dnve
Chesapeake VA 23320
1995-96 Audit 206 76
1194-96 Audit 214 91
Th~s ordinance shall be effective from date of
adoption
The above abatement(s) totaling $736 53
of the C~ty of V~rg~n,a Beach on the 27th
176 13
138 73
206 76
214 91
Cerbfied as to Payment
~-~:~6~ert P- Vat~"6an,~~
Commissioner of the Revenue
Approved as to form
C,ty Attorney
were approved by the Council
day of May
,1997
Ruth Hodges Smith
C~ty Clerk
I
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following applications for hcense refunds, upon certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE
YEAR PAID
PENALTY INTEREST
TOTAL
Grace & Sarah L~m~ted
P O Box 3214
Va Beach VA 23454
Image Agency Incorporated(The)
1067 Hanson Way
Va Beach VA 23454
Janet Gdbert Mezzy & Assoc Inc
1021 North Eden Way
Chesapeake VA 23320
K B Toy Of V~rg~n~a Inc
100 West Street
P~ttsfleld MA 01201
1997 03-19-97 250 00
1994-96 Audit 47 55
1995-96 Audit 1,505 84
1997 03-25-97 389 89
Th~s ordinance shall be effective from date of
adoption
The above abatement(s) totaling $2,193 28
of the C~ty of V~rg~n~a Beach on the 27th
25o 00
47 55
1,505 84
389 89
Cerbhed as to Payment
obert P ~/'~ug~
Commissioner o~f'the Revenue
Approved as to form
C~ty Attorney
were approved by the Council
day of Nay
,1 997
Ruth Hodges Smith
Crty Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following applications for license refunds, upon certification
of the CommissIoner of the Revenue are hereby approved
NAME
LICENSE DATE BASE
YEAR PAID
PENALTY INTEREST
TOTAL
Albano Cleaners Inc
815 North B~rdneck Road
Va Beach VA 23451
Armstrong, Lucy A
615 Massachusetts Ave
Norfolk VA 23508
Beverly H Hopkins LCSW Inc
2223 Bayberry Street
Va Beach VA 23451
Blue R~dge Buffalo Company
Rt 1 Box 236 Hwy 637
Saxe VA 23967
1995-96 Audit 220 07
1995 Audit 30,30
1996 Audit 99 87
1996 Audit 21 06
Th~s ordinance sh{~[! be effective from date of
adoption
The above abatement(s) totaling $371.30
of the C~ty of Virginia Beach on the
27th
Ruth Hodges Smith
City Clerk
220 07
30 30
99 87
21 06
Certified as to Payment:
err P Vaughan
~_.~~5~ert_ P._~
Commissioner of n et~-Revenue
Approved as to form:
City Attorney
were approved by the Council
day of May
,19 97
I
FORM NO C A I REV 3/Ill
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following applications for license refunds, upon cerbfication
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE
YEAR PAID
PENALTY INTEREST
TOTAL
Dom~mon Chrysler Plymouth, Inc
4421 V~rgm~a Beach Blvd
Va Beach VA 23462
Farm Fresh, Inc
P O Box 1289
Norfolk VA 23501
Fleck, George E
1365 Ruddy Oaks Court
Va Beach VA 23456
1995 Audit 1,731 59
1995-97 Audit 37,564 34
1994-95 Audit 23 74
1,731 59
37,564 34
23 74
Th~s ordinance shall be effecbve from date of
adoption
The above abatement(s) totaling $39,319 67
of the C~ty of V~rg~n~a Beach on the 27th
Cert~hed as to Payment
rt P Vaug'~an ~
Commissioner of th(~H=revenue
Approved as to form
~'~1,~ L L~ey'"'"-
C~ty Attorney
were approved by the Council
day of Nay
,1997
Ruth Hodges Smith
C~ty Clerk
I
FORM NO C A I REV ~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following apphcations for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE
YEAR PAID
PENALTY INTEREST
TOTAL
Oakley, Christopher K
3420 Indian R~ver Road
Chesapeake Va 23325
P~zza Hut of Amenca Inc
P O Box 783186
W~chKa KS 67278-3186
Porter, T~m L
3300 Edinburgh Dnve
Va Beach VA 23452
Santt~, Carl Jr
1504 Stanfleld Road
Va Beach VA 23455
1997 04-21-97
1995-97 Audit
1994-96 Audit
1995-96 Audit
Th~s ordinance shall be effective from date of
adopbon
The above abatement(s) totaling $912 83
of the C~ty of V~rg~n~a Beach on the 2?t:h
5O 00
5O 00
692 88
692 88
46 51
46 51
123 44
123 44
Cerhfied as to Payment
~ert ~ V a~'g~an/,,,,-//
Commissioner oFthe~evenue
Approved as to form
L Li~y~______~_____.~,
CIty Attorney
were approved by the Council
day of Nay
,1997
Ruth Hodges Smith
City Clerk
I
FORM NO CA BI,iV 3~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following applications for license refunds, upon cerbfication
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE
YEAR PAID
PENALTY INTEREST
TOTAL
Scott, Donald C & Bonme L
127 Orleans C~rcle
Norfolk VA 23509
Sentara Enterpnses
6015 Poplar Hall Dnve 212
Norfolk VA 23502
Shochet, All
513 Harton C~r
Va Beach VA 23452
Short, Ronald F
3824 Colomal Pkwy
Va Beach VA 23452
1995-96 Audit
1996 Audit
1997 04-01-97
18 75 18 75
Th~s ordinance shall be effective from date of
adoption
The above abatement(s) totahng $3,296.07
of the C~ty of V~rg~n~a Beach on the 27th
3,219 39 3,219 39
33 89 33 89
1996 Audit 24 04 24 04
Certified as to Payment
rt P V augt~a*~- ~-//
Commissioner of the Regenue
Approved as to form
C~ty Attorney
were approved by the Council
day of May
,19 97
Ruth Hodges Smith
C~ty Clerk
FORM
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following apphcabons for hcense refunds, upon certification
of the Comm~ssfoner of the Revenue are hereby approved
NAME LICENSE DATE BASE
YEAR PAID
PENALTY INTEREST
TOTAL
S~gnet Mortgage Corporabon
P O Box 25970
R~chmond VA 23260
Sutton, Kenneth M
1401 White Blaze Court
Va Beach VA 23464
Two Step Inc (Ed Ohara)
3013 Reflecbons Way 103
Va Beach VA 23452
Velo, Anthony G Jr
1369 Lask~n Road s-2
Va Beach VA 23451
1995-96 Audit 1,334 81
1997 04-14-97 10 00
1994-95 Audit 159 18
1997 03-10-97 99 86
Th~s ordinance shall be effective from date of
adoption
The above abatement(s) totaling $1,603 85
of the C~ty of V~rg~n~a Beach on the 2?th
1,334 81
10 00
159 18
99 86
Certified as to Payment
Commissioner of the Re'~.'hue
Approved as to form
C~ty Attorney
were approved by the Council
day of May
,1 997
Ruth Hodges Smith
C~ty Clerk
-37-
Item V-K. 9
ORDINANCES
ITEM # 42163
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to authorize Tax Refunds in the amount of $2,298.94. upon
application of certain persons and upon certification of the City
Treasurer for payment.
Voting:
11-0 (By ConsenO
Council Members Vottng Aye:
John A. Baum, Linwood 0 Branch, III, Wtlliam W. Harrison, Jr., HaroM
Heischober, Barbara M. Henley, Louts R Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor Wilham D
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.
None
May 27, 1997
ORM NO C A 7
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
Tax Type Ticket Exonera- Date Penalty Int. Total
NAHE Year of Tax Number tion No. Paid
City of Virginia Beach 97 RE(l/2
George B & Tita Galgo 97 RE(l/2
Robert J Neilson 97 RE(l/2
Main Line Federal Savings Bnk 97 RE(l/2
William F & Mary Dempsey 97 RE(l/2
Life Savings Bank FSB 97 RE(l/2
Life Savings Bank FSB 97 RE(l/2
O1 ive D Burnett 97 RE(2/2
Cora W Cox 96 RE(l/2
Cora W Cox 96 RE(2/2
L Edmondson & R Armstrong 96 RE(l/2
L Edmondson & R Armstrong 96 RE(2/2
Frank S Donnells 96 RE( 1/2
Frank S Donnells 96 RE(2/2
Frank S Donnells 95 RE(l/2
Frank S Donnells 95 RE(2/2
Frank S Donnells 94 RE(l/2
Frank S Donnells 94 RE(2/2
Vivian S Person N/A Misc 1
Gary McMahon 97 Dog
) 092527-5 12/5/96 776.51
) 042674-1 12/5/96 701.19
) 087548-0 12/5/96 217.80
) 035169-7 11/18/96 26.84
) 030869-1 12/2/96 24.40
) 108567-0 12/5/96 19.03
) 108651-7 12/5/96 19.50
) 016542-5 2/6/97 135.25
) 025589-1 11/14/95 47.52
) 025589-1 5/24/96 47.52
) 034635-7 11/24/95 18.30
) 034635-7 5/17/96 18.30
) 032024-0 12/5/95 4.87
) 032024-0 5/14/96 4.87
) 031369-6 11/18/94 4.68
) 031369-6 5/24/95 4.68
) 031228-8 12/5/93 4.68
) 031228-8 6/5/94 4.68
i enW4-11 1/28/97 216.32
Vl1263 4/17/97 2.00
Total 2,298.94
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$2,298.94 were approved by
the Council of the City of Virginia
Beach on the27_ day of Hay, 1997
Ruth Hodges Smith
C~ty Clerk
ApiSroved as to form
LeSl,e Z L, IleY,-'~ty ~tt~
- 38 -
Item VoL.
RESOLUTIONS
ITEM # 42164
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED BY
CONSENT in ONE MOTION Resolutions 1 and 3.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
Councilman Jones DISCLOSED, pursuant to Section 2.1-639.14(G) of the Code of Virginia, he owns
property located adjacent to the Lake Ridge Property and in close proximity to the parcels on which the
golf course and multi-purpose sports stadium will be constructed His property is valued in excess of
$10,000. Councilman Jones wished to disclose this interest and declare he was able to participate in the
transaction fairly, objectively and in the public interest. Councilman Jones 'letters of March 25, 1997, and
May 27, 1997, are hereby made a part of the record.
May 27, 1997
- 39-
Item V-L. 1.
RESOLUTIONS
ITEM # 42165
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Resolution to authorize the issuance and sale of $$6,700,000 General
Obligation Public Improvement Bonds, Series of 1997, of the City of
Virginia Beach, heretofore authorized and providingfor the form, details
and payment thereof to finance, in part, the cost of the various public,
school, road and highway improvements.
Voting:
11-0 (By ConsenO
Council Members Voting ~4ye:
John ~4. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM
Heischober, Barbara M. Henley, Louis R. Jones, Reba $. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members ~4bsent :
None
May 27, 1997
RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF
$56,700,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT
BONDS, SERIES OF 1997, OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, HERETOFORE AUTHORIZED, AND PROVIDING
FOR THE FORM, DETAILS AND PAYMENT THEREOF
WHEREAS, the issuance of $41,300,000 of bonds of the C~ty of V~rg~ma Beach,
Virginia (the "City"), was authorized by an ordinance adopted by the Council of the City (the
"City Council") on November 24, 1992, without being submitted to the qualified voters of the
City, for the purposes and in the amounts shown below, $40,896,324 of whmh bonds have been
issued and sold'
School projects, including planning, design, construction,
renovation, expansion, equipping, and furnishing of
schools and related faclliues
$40,545.232
Building projects, including design, planning, construction,
improvements, renovation, expansion, equipping, and
furmsh~ng of courts, l~brarles, storage, and other facilities
754.768
TOTAL $41.300.000, and
WHEREAS, the issuance of $48,818,000 of bonds of the City was authorized by an
ordinance adopted by the City Council on May 10, 1994, without being submitted to the
qualified voters of the City, for the purposes and in the amounts shown below, $35,318,000 of
whtch bonds have been issued and sold:
School projects, including planning, design, site acquisition,
construction, l enovation, expansion, equipping, and
furnishing of schools and related faclhtles
$23,034,579
Road projects, ~ncluding design, planning, site acquisition,
construcuon, improvements, and landscaping of roadways
and bridges
11,142.295
Economic and Tourism projects, ~ncludlng design, s~te
acquisition, planning, expansion, construction, improvements,
and landscaping of property and capital improvements
1,086,009
Virg~ma Marine Science Museum Expansion project,
including planning, design, construction, renovation,
expansion, eqmppmg, and furnishing of the Virginia
Manne Science Museum expansion
11,910,617
Building projects, including planmng, design, site acquisition,
construction, renovation, expansion, equipping, and furnishing
of city and related fac~llues
1,644,500
TOTAL
$48,818,000, and
WHEREAS, the issuance of $51,100,000 of bonds of the City was authorized by an
ordinance adopted by the City Council on May 9, 1995, without being submitted to the qualified
voters of the City, to finance various public improvements, including schools, roadways,
economic and tourism and building projects, $19,151,083 of which bonds have been issued and
sold, and
WHEREAS, the issuance of $50,900,000 of bonds of the City was authorized by an
ordinance adopted by the City Council on May 14, 1996, without being submitted to the
qualified voters of the City, to finance various public improvements, including schools,
roadways, coastal, economic and tourism and building projects, none of which bonds have been
issued and sold; and
WHEREAS, the City Council has determined it is in the City's best interest to issue and
sell $403,676 of the bonds authorized on November 24, 1992, $13,500,000 of the bonds
authorized on May 10, 1994, $28,448,917 of the bonds authorized on May 9, 1995, and
$14,347,407 of the bonds authorized on May 14, 1996; and
WHEREAS, it has been recommended to the City Council by representatives of
Government Finance Associates, Inc. and Government Finance Group, Inc. (the "Financial
Advisors") that the City issue and sell a single issue of public improvement bonds in the
principal amount of $56,700,000,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. Issuance of Bonds. There shall be issued, pursuant to the Constitution and
statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act
of 1991, general obligation public improvement bonds of the City in the pnnc~pal amount of
$56,700,000 (the "Bonds") to provide funds to finance, in part, the cost of the various public,
school, road and highway improvements as more fully described in the ordinances authorizing
the Bonds adopted on November 24, 1992, May 10, 1994, May 9, 1995, and May 14, 1996, and
costs incurred in connection with issuing the Bonds
2. Bond Details. The Bonds shall be designated "General Obligation Public
Improvement Bonds, Series of 1997," shall be in registered form, shall be dated June 1, 1997,
shall be in denominations of $5,000 and multiples thereof and shall be numbered R-1 upward.
The issuance and sale of the Bonds are authorized at an interest cost and at a price as shall be
satisfactory to the City Manager; provided, however, that the Bonds (a) shall have a "true" or
"Canadian" interest cost not to exceed 8.0%, taking into account any original issue discount or
premium, and (b) shall be sold to the purchaser at a price not less than 99% of the principal
amount thereof The Bonds shall mature or be subject to mandatory sinking fund redemptions in
installments on April 1 in years and amounts, as follows'
Year Amount Year Amount
1998 $2,835,000 2008 $2,835,000
1999 2,835,000 2009 2,835,000
2000 2,835,000 2010 2,835,000
2001 2,835,000 2011 2,835,000
2002 2,835,000 2012 2,835,000
2003 2,835,000 2013 2,835,000
2004 2,835,000 2014 2,835,000
2005 2,835,000 2015 2,835,000
2006 2,835,000 2016 2,835,000
2007 2,835,000 2017 2,835,000
At the time of sale, the City Manager may provide for consecutive annual principal amounts of
the Bonds to be combined ~nto not more than two term Bonds (the "Term Bonds")
Each Bond shall bear interest from June 1, 1997, at such rate as shall be determined at the
ttme of sale, calculated on the basis of a 360-day year of twelve 30-day months, and payable
semiannually on each April 1 and October 1, beglnmng October 1, 1997. Pnncipal and
premium, if any, shall be payable to the registered owners upon surrender of Bonds as they
become due at the office of the Registrar, as hereinafter defined Interest shall be payable by
check or draft mailed to the registered owners at their addresses as they appear on the registration
books kept by the Registrar on the fifteenth day of the month preceding each interest payment
date. Principal, premium, ~f any, and ~nterest shall be payable ~n lawful money of the United
States of America
Initially, one Bond certificate for each maturity of the Bonds shall be issued to and
registered ~n the name of The Depository Trust Company, New York, New York ("DTC"), or its
nominee The C~ty shall enter into a Letter of Representations relating to a book-entry system to
be maintmned by DTC w~th respect to the Bonds "Securities Depository" shall mean DTC or
any other securities depository for the Bonds appointed pursuant to this Section
In the event that (a) the Securities Depository determines not to continue to act as the
securities depository for the Bonds by g~ving notice to the Registrar, and the C~ty d~scharges ~ts
responslbdlt~es hereunder, or (b) the City ~n xts sole discretion determtnes 0) that beneficial
owners of Bonds shall be able to obtain certificated Bonds or (i0 to select a new Securities
Depository, then its chief financial officer shall, at the direction of the C~ty, attempt to locate
another quahfied securities depository to serve as Securities Depository and authenticate and
deliver certificated Bonds to the new Securities Depository or its nominee, or authenticate and
deliver certificated Bonds to the beneficial owners or to the Securities Depository participants on
behalf of beneficial owners substantially in the form provided for in Section 5, provided,
however, that such form shall provide for ~nterest on the Bonds to be payable (A) from the date
of the Bonds if they are authenticated prior to the first ~nterest payment date, or (B) otherwise
from the ~nterest payment date that is or immediately precedes the date on which the Bonds are
authenticated (unless payment of ~nterest thereon ~s ~n default, in which case ~nterest on such
j-
Bonds shall be payable from the date to which ~nterest has been paid) In dehvenng certificated
Bonds, the chief financial officer shall be entitled to rely on the records of the Securities
Depository as to the beneficial owners or the records of the Securities Depository pamc~pants
acting on behalf of beneficial owners. Such certificated Bonds w~ll then be reg~strable,
transferable and exchangeable as set forth ~n Section 7.
So long as there is a Securities Depository for the Bonds (1) ~t or ~ts nominee shall be the
registered owner of the Bonds, (2) notwithstanding anything to the contrary ~n th~s Resolution,
determinations of persons entitled to payment of pnnmpal, premmm, if any, and ~nterest,
transfers of ownership and exchanges and receipt of notices shall be the responsibility of the
Securities Depository and shall be effected pursuant to rules and procedures established by such
Securities Depository, (3) the Registrar and the C~ty shall not be responsible or l~able for
ma~nta~mng, supervising or rewew~ng the records mmntmned by the Securities Depository, ~ts
participants or persons acting through such participants, (4) references ~n th~s Resolution to
registered owners of the Bonds shall mean such Securities Depository or ~ts nominee and shall
not mean the beneficial owners of the Bonds, and (5) ~n the event of any ~ncons~stency between
the provisions of th~s Resolution and the provisions of the above-referenced Letter of
Representations such provisions of the Letter of Representations, except to the extent set forth m
th~s paragraph and the next preceding paragraph, shall control
3. Redemption Provisions. Bonds matunng on or before April 1, 2007, are not
subject to redemption prior to maturity Bonds matunng on or after April 1, 2008, are subject to
redemption prior to maturity at the option of the C~ty on or after April 1, 2007, ~n whole or In
part at any t~me, upon payment of the fbllow~ng redemption prices (expressed as a percentage of
pnnc~pal amount of bonds to be redeemed) plus ~nterest accrued and unpmd to the redemption
date
Period During Which Redeemed
(Both Dates Inclusive)
Redemption
Price
April 1, 2007, to March 31, 2008
April 1, 2008, to March 31, 2009
April 1, 2009, and thereafter
102%
101
100
Term Bonds, ff any, are reqmred to be redeemed ~n part before maturity by the C~ty on
April 1 ~n years and amounts as determxned at the t~me of sale, at a redemption price equal to the
pnnc~pal amount of the Term Bonds to be redeemed, plus accrued interest to the redemption
date
If less than all of the Bonds are called for redemption, the Bonds to be redeemed shall be
selected by the chief financial officer of the C~ty ~n such manner as he may determine to be ~n the
best ~nterest of the C~ty If less than all the Bonds of a particular maturity are called for
redemption, the Bonds w~th~n such maturity to be redeemed shall be selected by the Securities
Depository pursuant to ~ts rules and procedures or, ffthe book-entry system ~s d~scont~nued, shall
be selected by the Registrar by lot in such manner as the Registrar ~n ~ts d~scretlon may
determine In either case, (a) the port~on of any Bond to be redeemed shall be ~n the pnnc~pal
amount of $5,000 or some integral multiple thereof and (b) In selecting Bonds for redemption,
each Bond shall be considered as representing that number of Bonds that is obtmned by dividing
the pnnc~pal amount of such Bond by $5,000. The City shall cause not~ce of the call for
redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile
transmission, registered or certified mall or overnight express dehvery, not less than 30 nor more
than 60 days prior to the redemption date, to the registered owner of the Bonds. The City shall
not be responsible for mailing not~ce of redemption to anyone other than DTC or another
quahfied securities depository or 1ts nominee unless no quahfied securities depository Is the
registered owner of the Bonds If no qualified securities depository is the registered owner of the
Bonds, notice of redemption shall be mmled to the registered owners of the Bonds If a portion
of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed
pomon thereof w~ll be ~ssued to the registered owner upon the surrender thereof
4. Execution and Authentication. The Bonds shall be signed by the manual or
facsimile signature of the Mayor or V~ce-Mayor, shall be countersigned by the manual or
facsimile s~gnature of ~ts Clerk or Deputy Clerk, and the C~ty's seal shall be affixed thereto or a
facsimile thereof printed thereon, provtded, however, that ~f both of such signatures are
facsim~les, no Bond shall be valid untd ~t has been authenticated by the manual signature of an
authorized officer or employee of the Registrar and the date of authenticat~on noted thereon
5. Bond Form. The Bonds shall be in substantially the following form, w~th such
completions, omissions, ~nsert~ons and changes not inconsistent with this Resolunon as may be
approved by the officers signing the Bonds, whose approval shall be ewdenced conclusively by
the execution and delivery of the Bonds
Unless this certificate is presented by an authorized representative of The
Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for
registration of transfer, exchange, or payment, and any certificate is registered in the name
of Cede & Co., or in such other name as is requested by an authorized representative of
DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an
authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE
HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL
inasmuch as the registered owner hereof, Cede & Co., has an interest herein.
REGISTERED
REGISTERED
No.R- $
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
General Obligation Public Improvement Bond
Series of 1997
INTEREST RATE
MATURITY DATE
DATED DATE CUSIP
June 1,1997
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
DOLLARS
The City of V~rginia Beach, Virginia (the "City"), for value received, promises to pay,
upon surrender hereof to the registered owner hereof, or registered assigns or legal
representanve, the pnnc~pal sum stated above on the maturity date stated above, subject to prior
redemption as hereinafter provided, and to pay ~nterest hereon from ~ts date semiannually on each
April 1 and October I, beg~nmng October I, 1997, at the annual rate stated above, calculated on
the basis of a 360-day year of twelve 30-day months. Principal, premium, ~f any, and interest are
payable ~n lawful money of the Umted States of America by the C~ty Treasurer, who has been
appointed Registrar (the "Registrar"). The City may appoint a quahfied bank as successor
paying agent and registrar for the bonds.
Notwithstanding any other provision hereof, th~s bond ~s subject to a book-entry system
maintmned by The Depository Trust Company CDTC"), and the payment of pnnc~pal, premium,
~f any, and ~nterest, the providing of notices and other matters shall be made as described ~n the
C~ty's Letter of Representations to DTC
Th~s bond is one of an ~ssue of $56,700,000 General Obhgat~on Pubhc Improvement
Bonds, Series of 1997, of hke date and tenor, except as to number, denomination, rate of ~nterest,
pnwlege of redemption and maturity, and ~s ~ssued pursuant to the Constitution and statutes of
the Commonwealth of V~rg~ma, ~nclud~ng the C~ty Charter and the Public F~nance Act of 1991
The bonds have been authorized by ordinances adopted by the Council of the C~ty (the "C~ty
Council") on November 24, 1992, May 10, 1994, May 9, 1995, and May 14, 1996, and are ~ssued
pursuant to a resolution adopted by the C~ty Council on [May 271, 1997, to finance various
pubhc, school, road, h~ghway and bridge ~mprovements and to pay costs of ~ssuance of the
bonds.
Bonds matunng on or before April 1, 2007, are not subject to redemption prior to
maturity Bonds maturing on or after April 1, 2008, are subject to redemption prior to maturity
at the option of the C~ty on or after April 1, 2007, in whole or ~n part at any ttme, upon payment
of the followxng redemption prices (expressed as a percentage of pnncipal amount of bonds to be
redeemed) plus ~nterest accrued and unpaid to the redemption date:
j-
Period During Which Redeemed
(Both Dates Inclusive)
Redemption
Price
April 1, 2007, to March 31, 2008
April 1, 2008, to March 31, 2009
April l, 2009, and thereafter
102%
101
100
[ Bonds maturing on , , are required to be redeemed in part beibre maturity
by the City on in the years and amounts set forth below, at a redemption price equal to
the principal amount of the bonds to be redeemed, plus accrued interest to the redemption date'
Year Amount Year Amount
If less than all of the bonds are called ibr redemption, the bonds to be redeemed shall be
selected by the chief financial officer of the City in such manner as he may determine to be in the
best interest of the City. If less than all the bonds of a particular maturity are called for
redemption, the bonds within such maturity to be redeemed shall be selected by DTC or any
successor securities depository pursuant to its rules and procedures or, if the book entry system is
discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in ItS
discretion may determine. In e~ther case, (a) the portmn of any bond to be redeemed shall be in
the principal amount of $5,000 or some integral multiple thereof and (b) in selecting bonds for
redemption, each bond shall be considered as representing that number of bonds that is obtained
by dividing the pnnclpal amount of such bond by $5,000 The City shall cause notice of the call
for redemption ~dent~fymg the bonds or portmns thereof to be redeemed to be sent by facsimile
transmission, registered or certified mall or overmght express delivery, not less than 30 nor more
than 60 days prior to the redemption date, to DTC or ~ts nominee as the registered owner hereof.
If a port~on of this bond Is called for redemption, a new bond m principal amount of the
um'edeemed port~on hereof w~ll be ~ssued to the registered owner upon surrender hcrcot
The full faith and credit of the City are irrevocably pledged for the payment of pnnclpal
of and premium, if any, and interest on this bond.
The Registrar shall treat the registered owner of this bond as the person or entity
exclusively entitled to payment of principal of and premium, if any, and interest on th~s bond and
the exercise of all other rights and powers of the owner, except that interest payments shall be
made to the person or entity shown as the owner on the registration books on the fifteenth day of
the month preceding each interest payment date.
All acts, conditions and th~ngs required by the Constitut~on and statutes of the
Commonwealth of Vlrglma to happen, exist or be performed precedent to and ~n the ~ssuance of
this bond have happened, exist and have been performed, and the issue of bonds of which th~s
bond is one, together with all other indebtedness of the City, is within every debt and other limit
prescribed by the Constitution and statutes of the Commonwealth of V~rglma
IN WITNESS WHEREOF, the City of V~rgima Beach, Virginia, has caused this bond
to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this
bond to be dated June 1, 1997.
COUNTERSIGNED:
Clerk, City of Vlrglma Beach, Virginia
(SEAL)
Mayor, C~ty of V~rg~ma Beach,
Vlrg~ma
ASSIGNMENT
FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto
(Please print or type name and address, including postal zip code, of Transferee)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF TRANSFEREE
the within bond and all rights thereunder, hereby irrevocably constituting and appointing
, Attorney,
to transfer said bond on the books kept for the registration thereofi with full power of substitut~on
in the premises
Dated:
Signature Guaranteed
NOTICE' Signature(s) must be guaranteed
by an Eligible Guarantor Institution such
as a Commercial Bank, Trust Company,
(Signature of Registered Owner)
NOTICE: The signature above must
Securities Broker/Dealer, Credit Union
or Savings Association who is a member
of a medallion program approved by The
Securities Transfer Association, Inc.
correspond with the name of the
registered owner as it appears on the
front of this bond in every particular,
without alteration or enlargement or any
change whatsoever.
6. Pledge of Full Faith and Credit. The full faith and credit of the City are
irrevocably pledged for the payment of the principal of and premium, if any, and interest on the
Bonds. Unless other funds are lawfully available and appropriated for timely payment of the
Bonds, the City Council shall levy and collect an annual ad valorem tax, over and above all other
taxes authorized or limited by law and without limitation as to rate or amount, on all locally
taxable property in the City sufficient to pay when due the principal of and premium, if any, and
interest on the Bonds.
7. Registration, Transfer and Owners of Bonds. The City Treasurer is appointed
paying agent and registrar for the Bonds (the "Registrar"). The City may appoint a qualified
bank or trust company as successor paying agent and registrar of the Bonds. The Registrar shall
maintain registration books for the registration and registration of transfers of Bonds. Upon
presentation and surrender of any Bonds at the office of the Registrar, at its corporate trust office
if the Registrar is a bank or trust company, together with an assignment duly executed by the
registered owner or his duly authorized attorney or legal representative in such form as shall be
satisfactory to the Registrar, the City shall execute, and the Registrar shall authenticate, if
required by Section 4, and shall deliver in exchange, a new Bond or Bonds having an equal
aggregate principal amount, in authorized denominations, of the same form and maturity, bearing
interest at the same rate and registered in the name as requested by the then registered owner
thereof or its duly authorized attorney or legal representative. Any such exchange shall be at the
expense of the City, except that the Registrar may charge the person requesting such exchange
the amount of any tax or other governmental charge required to be prod with respect thereto
The Registrar shall treat the registered owner as the person or entity exclusively entitled
to payment of principal, premium, if any, and interest and the exercise of all other rights and
powers of the owner, except that interest payments shall be made to the person or entity shown as
owner on the registration books as of the fifteenth day of the month preceding each interest
payment date
8. Sale of Bonds. The City Council approves the following terms of the sale of the
Bonds The Bonds shall be sold by competitive bid, and the City Manager shall receive bids for
the Bonds and award the Bonds to the bidder providing the lowest "true" or "Canadian" ~nterest
cost, subject to the limitations set forth in paragraph 2. Following the sale of the Bonds, the City
Manager shall file a certificate with the City Clerk setting forth the final interest rates and the
purchase price of the Bonds. The actions of the City Manager in selhng the Bonds shall be
conclusive, and no further action shall be necessary on the part of the City Council.
9. Notice of Sale. The City Manager, in collaboration with the Financial Advisors,
is authorized and directed to take all proper steps to advertise the Bonds for sale substantially in
accordance with the form of Notice of Sale attached hereto, which is approved, provided that the
City Manager, in collaboration with the Financial Advisors, may make such changes in the
Notice of Sale not inconsistent with this Resolution as he may consider to be In the best interest
of the City
10. Official Statement. A draft of a Preliminary Official Statement describing the
Bonds, copies of which have been provided to the members of the City Council, is approved as
the form of the Preliminary Official Statement by which the Bonds will be offered for sale, with
such completions, omissions, insertions and changes not inconsistent with this Resolution as the
City Manager, in collaboration with the Financial Advisors, may consider appropriate. After the
Bonds have been sold, the City Manager, in collaboration with the Financial Advisors, shall
make such completions, omissions, insertions and changes in the Preliminary Official Statement
not inconsistent with this Resolution as are necessary or desirable to complete it as a final
Official Statement, execution thereof by the City Manager to constitute conclusive evidence of
his approval of any such completions, omissions, insertions and changes The City shall arrange
for the delivery to the purchaser of the Bonds of a reasonable number of copies of the final
Official Statement, within seven business days after the Bonds have been awarded, for delivery
to each potential investor requesting a copy of the Official Statement and to each person to whom
such purchaser and members of his group initially sell Bonds.
11. Official Statement Deemed Final. The City Manager is authorized, on behalf of
the City, to deem the Preliminary Official Statement and the Official Statement in final form,
each to be final as of its date within the meaning of Rule 15c2-12 (the "Rule") of the Securities
and Exchange Commission (the "SEC"), except for the omission in the Preliminary Official
Statement of certain pricing and other information permitted to be omitted pursuant to the Rule
The dlstrlbunon of the Preliminary Official Statement and the Official Statement ~n final form
shall be conclusive evidence that each has been deemed final as of its date by the City, except for
the omission in the Preliminary Official Statement of such pricing and other information
permitted to be omitted pursuant to the Rule
12. Preparation and Delivery of Bonds. After bids have been received and the
Bonds have been awarded, the officers of the City are authorized and directed to take all proper
steps to have the Bonds prepared and executed in accordance with their terms and to deliver the
Bonds to the purchaser thereof upon payment therefor
13. Arbitrage Covenants. The City covenants that it shall not take or omit to take
any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within
the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, including
regulations issued pursuant thereto (the "Code"), or otherwise cause interest on the Bonds to be
includable in the gross income of the registered owners thereof under existing laws. Without
limiting the generality of the foregoing, the City shall comply with any provision of law that may
require the City at any time to rebate to the United States any part of the earnings derived from
the investment of the gross proceeds of the Bonds, unless the City receives an opinion of
nationally recognized bond counsel that such compliance is not required to prevent ~nterest on
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,/
the Bonds from being ~ncludable tn the gross income of the registered owners thereof under
emst~ng law. The City shall pay any such reqmred rebate from its legally available funds
14. Non-Arbitrage Certificate and Elections. Such officers of the C~ty as may be
requested are authorized and directed to execute an appropriate certificate setting forth the
expected use and ~nvestment of the proceeds of the Bonds ~n order to show that such expected
use and ~nvestment w~ll not v~olate the proms~ons of Section 148 of the Code, and any elections
such officers deem desirable regardxng rebate of earnings to the United States, for purposes of
complying w~th Section 148 of the Code. Such certificate and elections shall be ~n such form as
may be requested by bond counsel for the City.
15. Limitation on Private Use. The C~ty covenants that ~t shall not permit the
proceeds of the Bonds or the facilities financed with the proceeds of the Bonds to be used ~n any
manner that would result ~n (a) 5% or more of such proceeds or the fac~lmes financed with such
proceeds being used in a trade or business carried on by any person other than a governmental
unit, as provided ~n Section 141 (b) of the Code, (b) 5% or more of such proceeds or the facilities
being financed w~th such proceeds being used w~th respect to any output facility (other than a
facdlty for the furmshlng of water), within the meamng of Section 141(b)(4) of the Code, or (c)
5% or more of such proceeds being used d~rectly or indirectly to make or finance loans to any
persons other than a governmental unit, as provided in Section 141(c) of the Code, provided,
however, that if the City receives an op~mon of nationally recognized bond counsel that any such
covenants need not be comphed w~th to prevent the interest on the Bonds from being includable
xn the gross income for federal income tax purposes of the registered owners thereof under
existing law, the C~ty need not comply with such covenants.
16. SNAP Investment Authorization. The C~ty Council has received and reviewed
the Information Statement (the "Information Statement") describing the State Non-Arbitrage
Program of the Commonwealth of Vlrg~ma ("SNAP") and the Contract Creating the State Non-
Arbitrage Program Pool I (the "Contract"), and the City Council has determined to authorize the
C~ty Treasurer to utilize SNAP in connection with the tnvestment of the proceeds of the Bonds, ~f
the C~ty Manager and the Dtrector of Finance, in consultation with the C~ty Treasurer, determine
that the utthzatlon of SNAP ~s in the best ~nterest of the City. The City Council acknowledges
the Treasury Board of the Commonwealth of V~rg~ma ~s not, and shall not be, ~n any way liable
to the City in connection with SNAP, except as otherwise provided ~n the Contract
17. Continuing Disclosure Agreement. The Mayor, the City Manager and such
officer or officers of the C~ty as either may designate are hereby authorized and d~rected to
execute a cont~nmng d~sclosure agreement setting forth the reports and notices to be filed by the
City and contmmng such covenants as may be necessary to assist the purchasers of the Bonds in
complying w~th the provisions of the Rule promulgated by the SEC Such continuing d~sclosure
agreement shall be substantially in the form provided to members of the City Council, w~th such
completions, omissions, insertions and changes that are not ~nconslstent with this Resolution
18. Other Actions. All other actions of officers of the City and the C~ty Council ~n
conformity wtth the purposes and intent of th~s Resolution and in furtherance of the issuance and
11
sale of the Bonds are hereby ratified, approved and confirmed. The officers of the City are
authorized and d~rected to execute and dehver all certificates and instruments and to take all such
further action as may be considered necessary or desirable in connection w~th the ~ssuance, sale
and delivery of the Bonds.
19. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions ~n
conflict herewith are repealed.
20. Effective Date. Th~s Resolution shall take effect immediately
Adopted by the Council of the City of V~rg~ma Beach, Virginia, this 27th day of May,
1997.
Clerk, C~ty of Vlrg~ma Beach, V~rg~ma
SIGNAlU ,..~. jr
D E P/, F,"I M.T~qT
APP2OVED AS '10 ~ EGAL
SUFi:ICIENCY AND FO2M
- an'-
12
CONTINUING DISCLOSURE AGREEMENT
This CONTINUING DISCLOSURE AGREEMENT dated as of , 1997 (the
"Disclosure Agreement"), is executed and delivered by the City of Virginia Beach, Virginia (the
"City"), in connection with the issuance by the City of its $56,700,000 General Obligation Public
Improvement Bonds, Series of 1997 (the "Bonds") The City hereby covenants and agrees as
follows:
Section 1. Purpose. Th~s D~sclosure Agreement is being executed and delivered by the
City for the benefit of the holders of the Bonds and in order to assist the purchasers of the Bonds
m complying the provisions of Section (b)(5)(i) of Rule 15c2-12 (the "Rule") promulgated by the
Secunnes and Exchange Commission by providing certain annual financial information and
material event notices required by the Rule (collectively, "Continuing Disclosure")
Section 2. Annual Disclosure. (a) The City shall provide annually certain financial
information and operating data in accordance with the provisions of Section (b)(5)(0 of the Rule
as follows
(0 audited financial statements of the City, prepared In accordance with generally
accepted accounting principles, and
(ii) the operating data with respect to the City of the type described in the section of
the City's Official Statement entitled "Operating Data."
If the financial statements filed pursuant to Section 2(a) are not audited, the City shall file such
statements as audited when available.
(b) The City shall provide annually the financial information and operating
data described in subsection (a) above (collectively, the "Annual Disclosure") within 180 days
after the end of the City's fiscal year, commencing with the City's fiscal year ending June 30,
1997, to each nationally recognized municipal securities information repository ("NRMSIR")
and to the appropriate state information depository if any then exists ("SID")
(c) Any Annual Disclosure may be included by specific reference to other
documents previously provided to each NRMSIR and to the SID or filed with the SEC; provided,
however, that any final official statement incorporated by reference must be available from the
Municipal Securities Rulemaklng Board (the "MSRB").
(d) The City shall provide in a timely manner to each NRMSIR or the MSRB
and to the SID notice specifying any failure of the City to provide the Annual Disclosure by the
date specified
Section 3. Event Disclosure. The City shall provide in a timely manner to each
NRMSIR or the MSRB and to the SID notice of the occurrence of any of the following events
with respect to the Bonds, if material'
(a) principal and interest payment delinquencies,
(b) non-payment related defaults,
(c) unscheduled draws on debt service reserves reflecting financial d~fficultles,
(d) unscheduled draws on any credit enhancement reflecting financial
difficulties;
(e) substitution of credit or liquidity providers, or their failure to perform;
(f) adverse tax opinions or events affecting the tax-exempt status of the Bonds,
(g) modifications to rights of Bondholders;
(h) bond calls,
defeasance of all or any portion of the Bonds,
0)
release, substitution, or sale of property securing repayment of the Bonds,
and
(k) rating changes.
Section 4. Termination. The obligations of the City will terminate upon the
redemption, defeasance (within the meaning of the Rule) or payment in full of all the Bonds.
Section 5. Amendment. The City may modify its obligations hereunder w~thout the
consent of Bondholders, provided that this Disclosure Agreement as so modified complies with
the Rule as it exists at the time of modification.
Section 6. Defaults. (a) If the City falls to comply with any covenant or obligation
regarding Continuing Disclosure specified in this Disclosure Agreement, any holder (within the
meaning of the Rule) of Bonds then outstanding may, by notice to the City, proceed to protect
and enforce its rights and the rights of the holders by an action for specific performance of the
City's covenant to provide the Continuing Disclosure.
(b) Notwithstanding anything herein to the contrary, any failure of the City to
comply with any obligation regarding Continmng D~sclosure specified in this D~sclosure
Agreement 0) shall not be deemed to constitute an event of default under the Bonds or the
resolution prov~dlng for the ~ssuance of the Bonds and (ii) shall not g~ve rise to any right or
remedy other than that described in Section 6(a) above.
Section 7. Additional Disclosure. The City may from t~me to time disclose certmn
information and data in addition to the Continuing Disclosure. Notwithstand~ng anything herem
to the contrary, the C~ty shall not ~ncur any obhgation to continue to provide, or to update, such
additional tnformat~on or data
Section 8. Counterparts. Th~s Disclosure Agreement may be executed ~n several
counterparts each of which shall be an original and all of which shall constitute but one and the
same ~nstrument.
Section 9. Governing Law. Th~s D~sclosure Agreement shall be construed and enforced
in accordance with the laws of the Commonwealth of V~rg~ma.
CITY OF VIRGINIA BEACH, VIRGINIA
Mayor, C~ty of V~rglma Beach, Vlrg~ma
C~ty Manager, City of V~rg~ma Beach,
V~rg~ma
40-
Item V-L.2.
RESOLUTIONS
ITEM # 42166
The following registered in OPPOSITION:
Hattie M. Setzer, 2424 Rock Creek Drive, Chesapeake, Phone: 424-5993
Matthew Brown, Brewer's East Inn, Phone: 472-01786
Upon motion by Councilman Harrison, seconded by Councilman Heischober, City Council ADOPTED:
Resolution re the Princess Anne Corridor Plan: Lake Ridge Land Use
Plan (Approximately 2,000 Acres), (PRINCESS ANNE BOROUGH)
Voting: 8-3
Council Members Voting Aye.
John .4. Baum, Linwood O. Branch, III, William W. Harrtson, Jr, Harold
Hetschober, Louis R Jones, Mayor Meyera E Oberndorf Vice Mayor
Wtlham D. Sessoms, Jr and Louisa M Strayhorn
Council Members Vottng Nay:
Barbara M. Henley, Reba S McClanan and Nancy K. Parker
Council Members Absent:
None
Councilman Jones DISCLOSED, pursuant to Sectton 2 1-639 14(G) of the Code of Vtrginta, he owns
property located adjacent to the Lake Ridge Property and tn close proximity to the parcels on which the
golf course and multi-purpose sports stadtum wtll be constructed His property is valued in excess of
$10,000. Counctlman Jones wtshed to dtsclose thts tnterest and declare he was able to parttcipate tn the
transaction fairly, objectively and in the pubhc tnterest. Councilman Jones' letters of March 25, 1997, and
May 27, 1997, are hereby made a part of the record.
May 27, 1997
A RESOLUTION TO ADOPT THE
PRINCESS ANNE CORRIDOR PLAN:
LAKE RIDGE PROPERTY
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WHEREAS, on December 13, 1994, City Council acquired
1,193 acres of land in the Princess Anne Corridor, known as the
Lake Ridge Property, for the purpose of creating an activity center
of unparalleled quality to meet the economic development, land use,
and other related goals of the City;
WHEREAS, City Council subsequently acquired an additional
112 acres adjacent to the Lake Ridge Property, in part, to
accommodate a Juvenile Detention Center;
WHEREAS, the City of Virginia Beach now owns
approximately 2,000 acres of land and water resources in the
Princess Anne Corridor which will offer to the citizens of Virginia
Beach a place that belongs to them and provides them with the
opportunity to enhance every aspect of their lives;
WHEREAS, City Council has expressed support for the
development of the Princess Anne Corridor through its Destination
Points and Capital Improvement Program for certain projects located
within the Lake Ridge Property that are vital to Council's view of
the future of the City;
WHEREAS, in January, 1995, City Council directed the
Department of Planning to begin a process that would result in a
plan for the coordinated development of the Lake Ridge Property
which would include a determination of developer interest in the
property and a forum for citizen input into the decision making
leading to a final plan;
WHEREAS, City Council has appointed a Steering Committee
composed of representatives of the development community, the
School Board, citizens, City Council, and the Planning Commission
to provide perspective to the public input process, assist in
conducting the Request for Interest Process, evaluate ideas and
proposals, and combine ideas into a final plan;
WHEREAS, the Steering Committee has held a series of
public workshops to solicit input from citizens and property
owners;
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WHEREAS, the City has made applications for development
proposals available to individuals, groups, and non-profit
developers interested in developing some portion of the Lake Ridge
property and has issued a Request for Interest for the purpose of
determining if and what kind of private sector interest there might
be in the Lake Ridge Property;
WHEREAS, the City has received development proposals and
responses to the Request for Interest;
WHEREAS, a land use plan for the Princess Anne Corridor
and Lake Ridge property has been prepared based upon citizen input,
the development proposals by non-profit and small firms, the
responses to the Request for Interest, and the Mission Statement
endorsed by the Steering Committee;
WHEREAS, on March 25, 1997, a public hearing was held on
the land use plan for the purpose of soliciting public comment; and
WHEREAS, it appears that the land use plan for the
Princess Anne Corridor - Lake Ridge Property establishes the land
use and design theme for this part of the City well into the 21st
Century and ensures that the development which will occur is of the
highest quality and is of a type that meets the goals of the City
of Virginia Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the "Princess Anne Corridor Plan: Lake Ridge
Property" dated May 1997 and attached hereto is hereby adopted as
City Council's guiding land use tool for the Lake Ridge property.
Adopted by the Council of the City of Virginia Beach,
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Virginia, on the day of
CA-6663
ORD IN \ NONCOD E \ PAPLAN. RES
R-2
PREPARED: 05/22/97
May
, 1997.
APPROVED AS TO CONTENT:
P la%~ning-D~par~ent
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
Law Department ~
Vi~G
BE~*~
May, 1997
Topic
Page
Introduction ..................................................................
The Process ..................................................................
Mission Statement ........................................................
The Recommended Land Use Allocation ....................
Princess Anne Park Relocation 7
Higher Education / Business Facilities 7
Public Schools 8
Multi-Purpose Stadium 8
Golf Courses / Resort 8
Juvenile Detention Center 8
Business / Office Center 8
Implementation Strategies ...........................................
Utilities
Roadways
Open Space and Trails
Design and Aesthetics
Appendix A:
Non-Profit & Small Firm Submissions ..........
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Appendix B:
Request for Interest Submissions ...................
Appendix C:
The Alternative Plans .....................................
Alternative One
Alternative Two
Alternative Three
Alternative Four
C.l
C.3
C.5
C.5
A.I
B.I
C.1
r' 6N
Lake Ridge Propmy
Strategically located between the City's
Municipal Center and the Virginia
Beach Amphitheater is a large tract of
municipally-owned land of almost 1200
continuous acres known as Lake Ridge. This
property, combined with other properties
owned by the City of Virginia Beach in the
adjoining areas, provides the City with a
continuous corridor of nearly 2000 acres of
municipally-owned land and water resources
that stretch from Tidewater Community
College to Indian River Road, near Pungo.
This corridor, held in 'common' by the
citizens of Virginia
Beach, offers the City
of Virginia Beach an
opportunity to create an
activity center of
unparallel quality and to
establish the land use
and design theme for
this part of the City well
into the 2 l'~t Century.
Like the great open
space 'commons' found
in the large cities of the
United States, like
Central Park, in New
York City, the Princess
Anne Corridor offers the
citizens of Virginia
Beach a place that belongs to them and
provides them with the opportunity to
enhance every aspect of their lives.
The foundation for this opportunity
was laid on December 13, 1994, when the
City Council of Virginia Beach approved the
purchase of 1,193 acres of land, located in
the center of Virginia Beach (see Map l).
This property was formerly known as Lake
Ridge, a name given to it by a proposed past
development.
The City purchased this tract due to its
size, its location along one of the City's more
significant growth corridors, its location
adjacent to other municipally-controlled
properties, and its potential as an integral
Virginia Beach
The City of Virginia Bench is located within the Norfolk-
Virgima Bench-Newport News, VA-N.C MSA, which is the
27th largest in the nation (MSA population is approximately
I 7 million) The City borders the AtlanUc Ocean in the
southeastern comer of the state of Vtrgmin The population
of the City of Virginia Beach ts approximately 430,000,
making tt the largest city in the state and the 35th largest in
the United States
One of the City's primary industries is tourism.
The City and the surrounding region is a major tourist
destination, with benches, amusement facilities, natural
resource nmemties, historical sites, museums, special
events, golf courses, and n 20,000-seat outdoor
amphitheater To lodge and serve these wsitors, the C~ty
has nearly ! 1,000 hotel rooms and numerous conventaon
and ancdlary faclht~es
part of the City's
future. Control of this
tract provides the City
with the opportunity to
ensure that
development which
occurs is of the highest
quality and is of a type
that meets the
economic
development, land
use, and other related
goals of the City.
In January, 1995,
the City Council
directed the
PA Corridor Plan: Lake Ridge Property Page 1
Lake Ridge Property / Ex~sting Conditions
I
Department of Planning to
begin a process that would
result in a plan for the
coordinated development of
the property. This process was
to include a determination of
developer interest in the
property and a forum for
citizen input into the decision-
making leading to a final plan.
This plan represents
the first installment of what
will eventually be a more
extensive plan for all of the
Princess Anne Corridor.
While the City's
Comprehensive Plan provides the overall
framework for the physical development of
the city, plans such as this one offer a clearer
vision and more detailed guidance for
specific parts of the city. This plan, in
affect, helps to implement the City's
Comprehensive Plan.
The following pages
provide a description of the
process used in developing a
land use allocation
recommendation for the Lake
Ridge property, a presentation
of the recommended allocation,
and an explanation of a future
implementation strategy that
will assist in making the goals
for the Lake Ridge Property
become reality.
The course of action
selected by the Council
involved staff doing the
majority of the effort, with an
outside consultant brought into
the process at various steps to
assist with design and land use
planning, as needed.
Until May, 1995, Staff collected data and
other information related to the property and
then developed preliminary various
alternative concept plans for the purpose of
gaining an initial determination about the
potential use of the property.
From May to August, 1995, the
alternative concept plans were discussed and
further refined. Meetings were held with
various City Staff and with the School Board
to address a number of issues including the
possible relocation of existing Princess
Anne Park into the Lake Ridge property and
the possible locations for elementary,
middle, and high schools. Transportation,
utility, open space, recreation, natural
resource and other impacts were discussed.
The relationship of the land use concepts to
surrounding areas and the amphitheater
(then under construction) were discussed.
On September 15, 1995, Staff reported
The Princess Anne Comdor Lake Ridge is situated near the center of the City,
strategically located on the fringe of the u~anized area of the City and on the northern
edge of the rural countryside of Virgima Beach The Municipal Center ts less than a
mile from thc eastern boundary of the property, on Princess Anne Road
The property is located within 20 m~nutes of Downtown Norfolk, 20 minutes of the
Greenbrier nrea of Chesapeake, 10 to 15 minutes of the Oceanfront, and 45 nunutes of
Newport News and Hampton
The surrounding area consists of a mixture of residential, park, and rural land uses
The western edge of the property is bordered by a single-family resldenUal area, a 14-
field soccer complex, and a municipal park (see attached vlcimty map) The northern
edge is bordered by the Virginia Beach campus of Tidewater Community College, the
future s~te of the Virginia Beach Higher Education Center, a cemetery and a mixture
of single-famdy, agricultural, and rural res~denual uses adJacent to Pnncess Anne
Road The eastern and southern edges a~ bordered by agricultural and rural
residenual uses
The major roadway serving the site is Princess Anne Road/Ferrell Parkway
Princess Anne Road/Ferrell Parkway ~s an e~ght-lane controlled-access arterial
highway north of its intersection with Dam Neck Road South of that mtersectmn, the
road becomes a two-lane arterial running along the northern boundary of the property
Princess Anne Road/Fen'ell Parkway ~s the primary east-west highway through the
south-central part of the C~ty, providing access to 1-64 and to the Oceanfront (wa Dam
Neck Road)
PA Corridor Plan: Lake Ridge Property Page 2
to the City Council on the progress being
made in regard to the planning process and
requested that the Council consider
appointing a Princess Anne Corridor
Steering Committee to provide perspective
to the public input process, assist in
conducting the Request for Interest process,
evaluate ideas and proposals put forward,
and combine the ideas into a final plan. On
September 17, 1995, the Council approved
the formation of the requested steering
committee. Members of the Committee
included representatives of the development
community, the School Board, citizens, and
City Council and the Planning Commission:
Members:
Dr. E. T. Buchanan, Dean, TCC
Dorcas Helfant, President, Coldwell
Banker Helfant Realty
Barbara M. Henley, City Council
Robert Dean, City Council
Bob Hicks, Parks and Recreation
Commission
John Kalocay, Chief of Operations,
School Board
Kenneth F. Palmer, Chair, Virginia
Beach Development Authority
James Pendergast, Virginia Beach
Visions
Robert Vakos, Chair, Planning
Commission
Roger L. Visser
Staff:
Patricia Phillips, Director, Finance
Department
Donald Maxwell, Director, Economic
Development
Susan Walston, Director, Parks and
Recreation Department
Robert Scott, Director, Planning
Department
Stephen White, Planning Department
On December 14, Staff held the first
meeting with the Princess Anne Corridor
Steering Committee and briefed the
committee on the work done to date, noting
the natural resource and other constraints of
the property, and discussed what the future
process might be for the development of a
land use allocation.
From November, 1995 to January, 1996,
Staff worked with CMSS Architects to
develop a more definitive concept for the
Corridor and the Lake Ridge property. The
earlier concepts developed by the staff were
used as a starting point for development of
the plan. Based on the previous work and
discussion, the proposed land use mix
included two golf courses adjacent to
business facilities, a relocated Princess Anne
Park, a Special Events Area, business
facilities interfacing with higher learning
(Virginia Beach Higher Education Center
[VBHEC]), and public school sites.
Using the work done with CMSS as a
starting point, the Staff met with the
Steering Committee once again, on
December 18, 1995. The Committee agreed
that a set of goals needed to be established
against which proposals for the use of the
property could be assessed.
At the January 22, 1996 meeting of the
Steering Committee, the Committee
discussed several items which became
foundational to future planning:
the possibility of consolidating the
school sites into one location on the
property rather than as spread out as
was shown on the original concept
plan (the School Board had noted
that the locations as shown were
designed to meet their demographic
needs in terms of existing and
projected school zones).
PA Corridor Plan: Lake Ridge Property Page 3
,!
The mix of uses and the acreage
allocated to each was discussed,
including possible locations for the
various non-profit uses that had
expressed interest in the property.
· Work on the goals and mission
statement for the property began.
At the February 9, 1996 meeting, the
Steering Committee
finalized the Mission and Goals for
the Princess Anne Corridor (see next
page);
discussed the process to be used to
inform the public of the planning for
the Corridor and the Lake Ridge
property and to solicit input from
citizens and property owners; and
decided to hold two meetings at
Landstown Elementary School, on
February 26, and March 11, 1996.
At these workshops, the public was
invited to review the work done to
date, including the Mission and
Goals statement, the proposed
process for planning the property, a
map showing existing land use,
constraints, and opportunities, and a
map showing the land use concept
that had been jointly developed by
the Staff/CMSS team. Application
forms, with accompanying guidance
documentation, were also made
available for individuals and groups
interested in developing some
portion of the Lake Ridge property.
Potential non-profit developers were
directed to submit their applications
to the Planning Department, by
March 26, 1996.
On March 26, Staff received application
packages from various groups interested in
developing some portion of the Lake Ridge
property. The groups were asked to (I)
detail their proposal as far as the uses they
were proposing and the ability of their
organization to actually develop the proposal
and to (2) explain how their proposal met
the Mission and Goals statement established
by the Committee.
Appendix A to this plan provides an
explanation of who responded, and a
description of how well, based on Staff and
Steering Committee review, each met the
Mission and Goals.
Concurrent with the receipt and review
of the development proposals from the
various groups and individuals discussed
above, Staff was also preparing for release
of a Request for Interest, for the purpose of
determining if and what kind of private
sector interest there might be in the property.
On April 1, 1996, the Request for Interest
was sent to developers and others, who
possessed a known interest in the Lake
Ridge property or who specialized in golf
courses and golf course resort development.
Firms were given until June 3, 1996, to
respond.
On June 3, responses to the Request for
Interest were received. Appendix B
describes those proposals.
PA Corridor Plan: Lake Ridge Property Page 4
On July 2, 1996, the Steering Committee
held their fifth meeting. The responses to
the RFI process were discussed with
Steering Committee. Based on this
discussion and on the discussions previously
held regarding the non-profit/small firm
submissions, decisions on land use mixes,
acreage allocation, potential for acquisition
of additional adjacent properties, and future
process were discussed. This was done with
the purpose of ensuring that the Mission and
Goals, as noted above, were achieved as
closely as possible.
After the July meeting of the Committee,
the City staff began meeting with the firms
that expressed an interest through the RFI
process in developing the Lake Ridge
property and whose ideas seemed
appropriate in the context of the Mission and
Goals. Those meetings provided the firms
with an opportunity to present their
proposals and for staff to ask specific
questions regarding the proposals and their
possible implementation.
Staff also developed three land use
concepts showing how various combinations
of the desired land uses could be
accommodated and the affect of each
combination in terms of meeting the Mission
and Goals (see Appendix C for a description
of the four alternatives).
At the August l, 1996, Steering
Committee meeting, the Committee
reviewed the land use concepts and made a
decision regarding a recommended land use
plan for the Princess Anne Corridor and
Lake Ridge property.
The Steering Committee's recommended
land use plan was forwarded to the City
Council, on August 13, 1996, for their
review and comment.
preferred Alternative
After reviewing the alternatives, the
Steering Committee concluded that
Alternative Three best satisfied the
Mission and Goals for the property. Since
the August I meeting with the
City Council, however, three
events have forced some
modifications to that
alternative:
As the preliminary design
work for the multi-purpose
stadium proceeded, there
was an increasing
expression of concern from
the amphitheater operators
that a use such as a stadium
of potentially 30,000 seats
might not be compatible to
the amphitheater due to
noise and traffic conflicts.
As a result, staff
investigated moving the
stadium to another site, and
determined that the best
possible site was the
adjacent site across
Landstown Road to the east.
The City Council authorized
purchase of the 112 acres,
fromerly known as Princess
Anne Commons.
Further refinement of the
design for the golf course
complex, and specifically
the first course, resulted in
the course being routed
through the extreme
southeast corner of the
PA Corridor Plan: Lake Ridge Property Page 6
I
property to take advantage of the trees in
that location. This necessitated
relocation of the future 150 Foot Arterial
(London Bridge Road / West Neck
Parkway) and shift in some of the uses.
Staff, therefore, revisited Alternative Three
and made some modifications to the land
use allocation. This became Alternative
Four (see Map 5, in Appendix C).
Alternative Four maintains the concept of
Alternative Three but also provides the best
opportunity for ensuring a return on the
investment that the City made in purchasing
the Lake Ridge property. Improved
opportunities are available for quality
entertainment and recreation facilities,
serving the residents of the City and
expanding the base of amenities for tourism.
Finally, the alternative provides the highest
degree of business expansion possibilities,
particularly those related to higher
education. Alternative Four, therefore, is
the preferred alternative and is the
recommended land use plan for the Lake
Ridge property (see "Lake Ridge Land Use
Plan", on the following page).
The following are the features of the
recommended Land Use Plan:
Princess Anne Park Relocation:
The relocation of Princess Anne Park
is proposed, from its current location
at the intersection of Dam Neck and
Princess Anne Roads, to a location
south of the amphitheater and Dam
Neck Road. This proposed new
location provides the park with more
acreage than it currently has and with
acreage that is unencumbered by
roads or other physical features that
might divide the uses within the park
apart. Also, the park at this proposed
PA Corridor Plan: Lake Ridge Property
I I
location benefits from a large lake
(constructed for the fill material used
at the amphitheater) and a large area
of protected non-tidal wetlands
adjacent to the west side of the park
and running to the north behind the
amphitheater. These wetlands are
suitable for passive recreation
activities.
It must be stressed, however,
that the City has a
vested interest in the
capital improvements
already in place at the
existing park site.
Those facilities will
have to reestablished
at the new park site. Additionally,
the Princess Anne Park Master Plan
and its implementation has been put
on hold while the Lake Ridge
planning effort is underway, due to
the potential relocation of the park.
The master plan for the park
included the addition of some new
facilities beyond those already
located in the existing park. It has
been estimated by the Parks and
Recreation Department that the
relocation of the park to the proposed
site will entail a cost of
approximately $8 Million. The
source of a portion of those funds
can be recovered through the sale of
the existing park site and additional
sites within the Lake Ridge property
for economic development
opportunities as recommended by
this plan.
Higher Education/Business
Facilities: The relocation of the
park allows a portion of the current
Page 7
park site to be reused for business
and uses related to education. It is
envisioned that this area, combined
with the City-controlled property on
the north side of Princess Anne
Road, would become a high-quality
office and research center, associated
with the activities at the VBHEC.
Public Schools: As part of the effort
to ensure three schools sites on the
Lake Ridge property (an elementary,
middle, and high school), locations
for those schools were identified.
The elementary school was situated
just south of the Soccer Complex on
the extension of Dam Neck Road to
Salem Road. This site possesses
sufficient acreage and is closest to
the population it is targeted to serve.
The middle school is located at the
southern end of the property, within
the Princess Anne Commons
property. The high school is located
at the northern end of the properties,
just north of the existing Landstown
School complex and across from the
Virginia Beach Higher Education
Center site.
Multi-Purpose Stadium: The site
proposed for the stadium is the area
between Landstown Road and the
Southeastern Parkway and Greenbelt
right-of-
way. This
site has
nearly 150
acres,
making it possible to locate both an
ultimate 30,000 seat stadium, a
stormwater management lake, and
adequate parking on the site. Should
PA Corridor Plan: Lake Ridge Property
this site not be developed for the
stadium, the site should be
reallocated for entertainment /
recreation uses compatible with
Princess Anne Park, the
amphitheater, and the nearby
residential areas. Business / office
use is also a possible land use, but
the entertainment / recreation uses
are a better 'fit' with the park and the
amphitheater.
Golf Courses / Resort: The plan
allocates over 450 acres for the
development of two quality 18-hole
golf courses and a resort hotel
complex. The two courses would be
located side-by-side on the area of
the property between the
Southeastern Parkway and Greenbelt
and the future location of Judicial
Boulevard (Courthouse North). A
clubhouse and a resort hotel could be
located central to the two courses.
Juvenile Detention Center: A 10
acre site is allocated for a proposed
Virginia Beach Juvenile Detention
Center. The proposed site is located
within the former Princess Anne
Commons property, adjacent to the
new Princess Anne Post Office, on
George Mason Drive. Should the
detention center not be developed,
the site should be realloacted for
business / office uses compatible in
use and design to the Municipal
Center.
Business / Office Area: Land within
the former Princess Anne Commons
property not allocated to the middle
school, the golf course, or the
Page 8
juvenile detention center is allocated
for business / office uses compatible
in use and design to the Municipal
Center.
Selection of a preferred alternative
does not carry with it the automatic
implementation of the land use
shown on it. To make the land use
allocation become a reality, consistent with
the mission and goals for the Lake Ridge
property, a strategy must be developed for
ensuring that all needed infrastructure is in
place, that the land uses are developed in a
sequence where each complements the other,
and that development is of the highest
quality.
Utilities
Sewer: Currently, any
development will be
required to pump sewage to
an existing gravity sewer
system located north of
Recreation Drive. The
amphitheater currently
discharges into this system.
Any development in the
southern end of the
property near the Municipal
Center could utilize
existing force mains in that
area along North Landing
Road. Eventually, the Lake
Ridge sewer system will be
connected to the Hampton
Roads Sanitation District
(HRSD) interceptor force
main (IFM), and the entire
area will be served by that
system [construction is
scheduled to begin on the
HRSD IFM concurrent with
the construction of the first
golf course -- estimated
cost os IFM is $5. l
Million].
PA Corridor Plan: Lake Ridge Property Page 9
Water: Two large capacity water
supplies are available in the northern
portion of the site. A 20" water line
exists in Princess Anne Road and could
be extended to serve the area. A 12"
water supply is located in Dam Neck
Road, adjacent to the Amphitheater. As
to the southern end of the property, the
20" line in Princess Anne Road and a
16" line along North Landing Road are
available.
Stormwater Management Facilities:
Some of the projects will have their own
stormwater management facilities;
however, it is the intent of this plan that
regional stormwater facilities be built
and utilized to the greatest extent
possible. The Public Works
Department is studying the Lake Ridge
property for possible locations.
Roadwa,~s
The northwestern corner of the property
currently has the best transportation access,
due to the proximity of eight-lane Princess
Anne Road (Ferrell Parkway) and four-lane
Dam Neck Road. Future roadway
improvements will make this area one of the
most accessible in the region:
Southeastern Parkway and Greenbelt
(construction estimated between 2001 and
2004): This 22.5 mile highway will run from
Route 44 in the proximity of Birdneck Road
to the border with Chesapeake, and then
continue westwardly through Chesapeake to
the interchange of 1-464 and 1-64 (Hampton
Roads Beltway). The roadway is planned to
be heavily landscaped and designed as a
parkway of national interest. An interchange
PA Corridor Plan: Lake Ridge Property
is planned at Princess Anne Road, along the
northern edge of Lake Ridge, providing
excellent access to the remainder of the
region and the state (Total Cost for the
Virginia Beach portion: $261.7 Million
FY 1996-97 /FY 2001-02 Capital
Improvement Program [CIP] estimate).
Princess Anne Road / Ferrell Parkway -
Phase II and Phase V (construction
scheduled for beyond 2001): This project is
for construction of a four-lane roadway from
Dam Neck Road to Judicial Boulevard. At
Judicial Boulevard, the roadway would
follow a new alignment to General booth
Boulevard. The road will be designed to
Page 10
I
Figure 1 View of the proposed improvements to Princess Anne
Road as part of the Ferrell Parkway II Project
eventually be eight lanes and will have an
extremely high level of landscaping and
aesthetic treatment, supportive of the
roadway being a grand entrance to the
Municipal Center / Lake Ridge area (see
Figures 1 and 2 ). ($18.7 Million -- FY
1996-97 / FY 2001-02 CIP)
Dam Neck Road [Extended] (construction
scheduled for beyond 2000): This project
would connect Dam Neck Road at its current
terminus at the Amphitheater to Elbow Road
at Indian River Road. It would widen the
road to four-lanes, divided, with a bikeway,
and a 15 foot buffer on each side. A portion
of this road would be constructed concurrent
with the construction of the elementary
school planned for Lake Ridge (2 lanes from
the Elbow Road / Salem Road intersection
to the elementary school (school
construction scheduled 1998-1999). ($19.2
Million- FY 1996-97 /FY 2001-02 CIP)
Judicial Boulevard (construction frown
current terminus to George Mason Drive
scheduled for 1997-2002): This roadway is
the first phase of a four-lane arterial parallel
PA Corridor Plan: Lake Ridge Property Page 12
I
to the existing North Landing Road. This
roadway would eventually stretch from
Princess Anne Road / Ferrell Parkway to
North Landing Road at Salem Road. This
portion completes a loop currently missing
around the Municipal Center and provides
access to the Princess Anne Commons
property to the east of Lake Ridge. ($2.5
Million m FY 1996-97 /FY 2001-02 CIP)
150 Foot Arter, al [London Bridge Road --
Extended] (no construction scheduled m
long term project): This four-lane arterial
highway would connect Lake Ridge with the
northern part of the city via London Bridge
Road. It is part of a Master Street and
Highway Plan proposal that would create a
future north-south arterial connection in this
part of the city (Cost Undetermined).
Open S, pace and Trails
An important part of the overall plan for
the Lake Ridge property is the open space,
trails, and design component. The mission
and goals for Lake Ridge call for this
property to be an important part of the City's
recreational and open space system for the
future. It is planned as the central core of
the City's open space system, around which
other facilities will radiate. As noted at the
beginning of this plan, the Lake Ridge
property, when combined with the other
municipally-owned property in the area,
provides the City with an uninterrupted
corridor of open space. The use of that
space and how it is connected with trails is
vital to the overall success of the Princess
Anne Corridor as the centerpiece of Virginia
Beach's open space system.
Map 6 shows the proposed trail system
within and around Lake Ridge. Connections
PA Corridor Plan: Lake Ridge Property
to the north are provided by the Pungo
Connector Trail and the future Ferrell
Parkway V trail. Connections to the west
are provided by the future trail to be
constructed with Dam Neck Road.
Connections to the east are provided by the
future Ferrell Parkway V trail and the Pungo
Connector Trail. Connections to the south
will be provided by a trail to be included
with the Judicial Boulevard project, the
Pungo Connector Trail, a trail within the
future HRSD force main easement along the
southern border of Lake Ridge, and possibly
a trail within the Southeastern Parkway and
Greenbelt right-of-way.
Princess Anne Park will be the heart of
the open space system, surrounding the
amphitheater site and the large lake adjacent
to Dam Neck Road. The golf courses will
provide the appearance of open space and
the trail running along the southern border of
the golf courses will connect Princess Anne
Park with the future middle school and the
future West Neck Creek District Park.
Design attd Aesthetics
The Princess Anne Corridor and Lake
Ridge offer the City an opportunity of
unparalleled significance. The land use and
design theme established for Lake Ridge and
the Corridor will play an important role in
guiding the development in this part of the
city into the future. The following points are
simple guidelines for guiding design in Lake
Ridge. A plan for the Princess Anne
Corridor, which will be conducted after the
adoption of the 1997 Comprehensive Plan,
will contain more extensive design
guidelines:
Page 13
I I I
jaouumd~G Jupnmld q:)e~
Design in the area around the
educational / entertainment core
(surrounding amphitheater and
VBHEC) should be in a high-tech,
modern to post-modern style. This
will help to identify the area as an
educational and technical center and
contribute to its image as a center for
research and development (see Map
7).
The design theme of the area south
and east of the Southeastern Parkway
and Greenbelt should be more
traditional, reflecting the colonial
and nco-colonial appearance of the
Municipal Center and the rural
heritage of Virginia Beach.
Buildings and their surroundings
should be designed to reflect that
theme.
Roadway design should be of the
highest quality, with landscaped
areas that act as scenic buffers and
provide aesthetic opportunities.
They should take advantage of the
vistas that are offered by the existing
landscape and by future planned land
use and vistas. Lighting of these
roadways should be low-level and of
the highest quality design. Special
paving materials should be used
where pedestrian and other trail
systems intersect the roadway to
designate the crossing and to provide
visual relief.
Signs should be of the highest
quality and reflect the design
character of the area in which they
are located (as described above).
PA Corridor Plan: Lake Ridge Property
Signs should be monument in type
and should be illuminated by ground-
level lighting (not internally
illuminated). Materials and colors
should blend into the surroundings
and fit the design theme of the area.
Page 15
I
APPENDIX A
The following describes each of the individuals or groups that submitted a request for use of the
Lake Ridge property. A brief explanation of the proposal is provided, as well as an
~ assessment of how well each met the "Mission and Goals" established by the
Steering Committee.
Virginia Beach Water Ski Club
An open membership, non-profit, social organization incorporated in Virginia.
Promotes water sports, water sports safety, and safe boating. Currently has 62
members.
Proposal: Development and operation of a lake for water sports activities. Propose use
of the existing stormwater management lake opposite the
amphitheater 16 acre lake with buffer areas around the lake,
yielding a total land use of about 35 acres City would be
responsible under Phase I for modifying the lake to meet water ski
tournament specifications and for building an access road to the
lake. The Ski Club would build a launch ramp, locate the course
markers in the lake bed, locate judge's towers and jump meters,
and provide liability insurance for the site. Future phases include
upgrading the facility to enable It to hold world record tournaments and upgrading the
facility by building additional lake(s) Proposal did not include a marketing or economic
impact study; included instead economic impact information from similar facilities In other
locations around the nation.
Mission and Goals: Proposal does provide residents interested In water sports
additional opportunities for recreation Lirmted support for expansion of the tourism
industry, through the increase in visitors from outside the region for tournaments Limited
expansion of the commercial tax base through increased sales of water sports equipment
Minimal return on the investment that the City has made m buying the Lake Ridge
property; City would provide the lake free of charge and would also be involved in
additional expense of modifying the lake and building restrooms and pariong facilities In
the future.
Hampton Roads Chapter of The Lacrosse Foundation
A non-profit entity that supports and promotes lacrosse throughout the region. Promotes
tournaments at various locations in Hampton Roads.
Proposal: Request that the City provide multi-purpose fields suitable for lacrosse. Lacrosse fields
measure 120 yards by 60 yards. Peak demand would require 15 fields each being approximately one acre
in size (total of 15 acres for fields). The City would provide the facilities for hosting tournaments and for
practice The foundation would host the events.
Mission and Goals: Provides the opportunity for those interested in lacrosse to particnpate in the sport.
Supports to a small degree the expansion of the tourism industry by bnngnng tournaments and college
games into the region, generating hotel nights and related spending. Limited support for expansion of the
economic development through commercial activity associated w~th tournaments and through purchases of
equipment related to the sport. No mention of compensation for needed land ns made. In fact, the proposal
requests that the City provide the necessary fields.
Joseph Watson~ ,.Ir.
Proposal: In conjunction with two local businesses, Mr. Watson would construct and
operate an 18-hole, 1500 to 2000 yard, lighted, par-3 golf course Course would
contain a 400 to 500 square foot clubhouse, manntenance shed, and 60 car parkang lot.
Facility would require 20 to 25 acres, and Mr Watson has identnfied preferred s~tes
adjacent to Princess Anne Road and the proposed high school site Mr Watson wnll do
one of the following to compensate the city: (1) pay the Cnty between $5000 and $7000
per acre; (2) Consider a 20 year leases with two ten-year options (with a 'ball-out'
clause should the facility fail), or (3) trade the land for land owned by Mr Watson on
Virgima Beach Boulevard, at London Bridge Creek (possnble canoe launch site, which
he has d~scussed with Parks and Recreation Department). A prehrmnary development
plan with projected costs was included Expected tax revenue to the Cnty is $15,500 per year, and includes
5 full or part-time employee positnons added. No marketing study was subnutted, but generic ~nformatlon
relating to the demand for par-3 courses was included Mr Watson notes that the facility would", fill a
gap to allow youth, seniors, and beginners a place to play golf inexpensnvely as well as a place where
families can recreate days, nights and on weekends." He also notes that this course would complement any
other courses constructed ~n the area.
Mission and Goals: Facility would provide identified recreational amenity for residents of the City.
While not a tourism draw as a full-s~ze course would be, thns facnlity provides some support for growth of
the tourism industry. Supports the expansion of the City's tax base through tax revenues and purchase of
equipment related to the sport. Proposal nncludes some kind of compensatnon to the Cnty for the land
Louis Cullipher
Mr. Cullipher, the Director of Agriculture, has worked with a group attempting to develop a
Farm Park for the City of Virginia Beach. A City task force was involved in developing this
proposal, which started as a study of the relocation of the existing Farmer's Market.
Proposal: Requests 60 acres for the development of a 'Farmpark'. The Farrnpark would be a multi-
faceted complex consisting of an agrnculturaily themed attraction and nnterpretatnve center, and enhanced
Farmer's Market, and a restaurant. Prefer a site that fronts on Pnncess Anne Road The fac~hty would
provide farmers with an outlet for sellnng produce, enhance the Cnty's reputatnon by providing a fanuly-
oriented destnnation ponnt, and provide an educational resource where students can
learn about the history and culture of the City. Operating revenues for the facilnty
would be generated by admissions and other onsite visntor expenditures at the
Agricultural Village, and from lease payments form Farmer's Market tenants and the
restaurant operator. Total revenues are estimated to be $1 4 Mnllion It ns also
estimated that the park's operation would generate $1.6 Million in lodging
expenditures, and $1.1 Mnllnon m restaurant sales. The project would be developed
through a public/prnvate partnership. A market, fnnancnal and econormc impact study
PA Corridor Plan: Lake Ridge Property -- Appendix A Page A.2
for the project has been conducted and was submitted.
Mission and Goals: The proposal does not directly provide recreational amenities to the residents of the
City. The proposal supports the growth of the tourism industry by providing a fatmly-oriented
entertainment, cultural, and historical attraction that complements existing the existing tourist industry
Supports the expansion of the City's non-residential tax base through an increase In direct tax revenues and
indirect tax revenues related to hotel, shopping, and entertainment taxes. Return on ~nvestment in
purchasing the property is achieved only through the d~rect and indirect econormc benefits. No purchase of
property is proposed and the City would be directly involved in the construction of th~s facihty
.Hampton Roads Equestrian Center:
The Hampton Roads Equestrian Advisory Committee (HREAC) is a non-profit committee
currently representing over 23 horse-related organizations with total membership exceeding 2500
individuals. The group intends moving forward as a non-profit private foundation to provide
capital and investment funds to construct, operate and manage the proposed center.
proposal: HREAC is proposing a multi-use recreational and educational facility to include an indoor
coliseum w~th I0,000 permanent seats, barns housing 500 stalls, covered rings, outdoor rings, cross
country/steeplechase course, and related components The proposal would reqmre 200 acres as a single,
contiguous site. Request a s~te somewhere in the Princess Anne Corridor The City would be compensated
through the revenues generated by the facility. Point to the Lexington (VA) Horse Center, which generated
$830,000 incremental sales tax dollars to the state, in 1995, and $243,000 to the Lexington revenues A
marketing, financial, or economic impact study has not been conducted Group subrmtted various facts and
figures from various sources, primarily, the 1995 Virginia Horse Industry Profile Execuuve Summary,
which notes that the horse industry has a significant ~mpact on the state's economy. Group notes that the
Farm Park and Equikids proposals integrate well with their concept.
Mission and Goals: Proposal increases the recreational opportunities for
those residents involved or interested in equestrian recreation. Linkage to an
equestrian trails network is possible. Some support of the tourist industry is
possible w~th the influx of visitors to the various horse shows as participants
and audience. Some expansion of the non-residential tax base could be
possible through the secondary economic ~mpact of the facility, related to
hotels, restaurants, clothing, etc. The proposal could contribute to the relocation of the Princess Anne
Park, by making possible the relocation of the existing horse nng to the Equestrian Center. Recapture of
the investment that the City has made in the Lake Ridge property would come through the direct and
indirect economic benefits. No compensation for the purchase of needed land is mentioned.
Edward "Ned" Williams:
Mr. Williams works with Equi-Kids, which is a non-profit organization that
provides therapeutic horseback riding for disabled children and young adults.
Proposal: Propose that City-owned land be provided for the development of a
permanent facility to allow for the continuation and growth of the program Notes that
there ~s currently a wmting list of potentml riders. Facilities will include: stables and the
associated tack/feed areas for approximately 20 horses; mounting area and exercise rooms
for disabled riders; riding nngs, and an ~ndoor ndmg barn for night and poor-weather
riding lessons; pastures for grazing and exercising the horses. Need 5 acres for the
PA Corridor Plan: Lake Ridge Property -- Appendix A
Page A.3
I!
buildings and tiding tings plus an additional 20 acres for pasture. Room for adding programs and expansion is
requested. The City would be compensated in terms of the City's disabled citizens having access to a therapeutic
and recreation program largely funded through non-public sources. Note that development integrated with the Farm
Park or Equestrian Center would be ideal. Any site in the Pnncess Anne Corridor would be ideal.
Mission and Goals: The proposal provides recreational amenities for a segment of the population not
totally served by traditional recreational facilities. Does not directly contribute to increasing the tourism
industry. Limited contribution to expansion of the non-residential tax base. Lirmted abihty to recapture
the investment that the City has made in purchasing Lake Ridge. No compensation for the land is
mentioned.
Green Run Little League:
The Green Run Little League is a well established league which has been in existence for 20
years. Their mission is to implant firmly into the youth of the community the ~deals of good
sportsmanship, honesty, loyalty, courage and respect for authority.
Proposal: Request 25 to 30 acres of land to develop seven additional fields No specific site has been
proposed, but the site must allow field lighting. The group proposes that the City would be compensated
through the construction of a baseball and softball complex that supports the league at no cost to the City
Facility would allow the group to sponsor tournaments, and ease the reqmrements upon ex,sting City
recreational programs. The group ~s financially able to construct the faclht~es once the City provides the
land.
Mission and Goals: Facility would provide additional recreation for a segment of the City's population,
easing the burden on the City's public recreation programs. Not specifically related to
expanding the tourism industry except for tournaments which may draw a number of
visitors. Direct and indirect economic benefits would be hnuted to those related to the
tournaments held at the facility Return on the City's ~nvestment would be lirmted to the
indirect and direct tax benefits and the relief on the City's recreation programs and
facilities. No marketing or economic impact study accompanied the proposal
The 'application form' that the groups and individuals described above were responding to is
provided on the following pages.
PA Corridor Plan: Lake Ridge Property m Appendix A Page A.4
PRINCESS ANNE CORRIDOR
Guidelines for Submission
This document is designed to provide potential users of City-owned property within the Princess Anne Corridor
with some guidance regarding the information that the Princess Anne Corridor Steenng Cornnuttee needs to
evaluate proposals for development. The questions and issues listed below should be addressed in your
development proposal.
Your proposal should be submitted in 8V2xl 1 inch format and contain as much information and maps as needed to
address the points listed below. If you have materials which differ from a letter-size document (video for example),
please subrmt 12 copies of the item.
All proposals for development should be subrmtted to Stephen White, Special ProJects Manager, Department of
Planning, City of V~rginia Beach, Room 115, Building #2, Mumcipal Center, by March 29, 1996. If you should
have any questions while preparing your proposal, please call 427-8610
Please provide your name, address, phone number, and any related information. If you
represent a group, please provide information about the group. Are you or your group a
non-profit or a for-profit entity?
What are you proposing for City-owned property within the Princess Anne Corridor?
(Provide additional documentation if desired)
PA Corridor Plan: Lake Ridge Property m Appendix A
Page A.5
How many acres of land does this proposal require? Do you currently have a specific site
in mind? If so, please indicate where this site is situated.
How do you propose to compensate the City of Virginia Beach for the site you propose to
use?
e
Do you have a development plan for your proposal? If so, please include a copy of the
plan with your proposal.
,,
Do you have a marketing study for your proposal, which indicates the demand for your
proposed use and the potential of the proposal to generate a profit for your or your
organization and potential tax revenue for the City of Virginia Beach? If so, please
include a copy of the study with your proposal.
.
Who will be involved in the financing, planning, and constructing of your proposed
development (please provide as much detail as possible)?
PA Corridor Plan: Lake Ridge Property -- Appendix A
Page A.6
I I
.,
Please discuss how this proposal could integrate with or complement other potential land
uses within the Princess Anne Corridor.
,,
Please discuss how this proposal works toward achieving the Mission and Goals for the
Princess Anne Corridor as described on the attached Mission and Goals handout.
PA Corridor Plan: Lake Ridge Property m Appendix A Page A.7
APPENDIX B
In response to the Request for Interest process that was conducted during the spring, of 1996, the
following proposals were received from a variety of private individuals and development firms.
After the Steering Committee had briefed on each of the proposals, in July, 1996, the City staff
began meeting with the firms that expressed an interest through the RFI process in developing
the Lake Ridge property and whose ideas seemed appropriate in the context of the Mission and
Goals. Those meetings provided the firms with an opportunity to present their proposals and for
staff to ask specific questions regarding the proposals and their possible implementation.
Design, construction, financing, and leasing back to the City of up
to three 'signature' level golf courses with one quality Pro Shop.
NHL regulation size skating surfaces and seating for 1600 (viewIng
of 2200).
Construction of an 18 hole, 72 par 'signature' level course, with a
9-hole addition and a pro shop within 5 years. Driving range
included. 185 acres requested.
Letter of interest submitted for a world-class hotel of 300 to 500
rooms, containing ballroom and conference space, restaurants and
lounges, a European health spa, and walk to 18 holes of golf.
Proposal to construct a Par 3 golf course on 20
to 25 acres.
Proposal includes development of a 54-hole
complex on the Lake Ridge property,
development of an 18-hole facility on the West
Neck Creek (Seaboard Rd) property, renovate
and expand the Red Wing Golf Course, and provide professional
management services under the direction of the City for the
Kempsville and Bow Creek Golf Courses.
Construction and operation of a 74,000 square foot ice skating
facility.
PA Corridor Plan: Lake Ridge Property t Appendix B Page B.1
APPENDIX C
II I
AS noted above, Staff and the Steering Committee developed four land use allocation
alternatives, based on the evaluation of the non-profit/small firm submissions against the
Mission and Goals for the Princess Anne Corridor and the responses received through the
Request for Interest process. The evaluation resulted in a land use mix that included two golf
courses (350 acres), a resort hotel (7:5 acres), Princess Anne Park [relocated] (180 acres), an
elementary, middle, and high school (115 acres), and an area or areas for recreation and
entertainment uses (110 acres). These uses require 830 acres of the original 1192
acres of the lake Ridge property. The remaining 362 acres are or would be allocated
to the amphitheater (110 acres), the lake adjacent to the amphitheater (60 acres), non-
tidal (100 acres), roadway utility rights-of-way, including
wetlands
and
and
the
Southeastern Parkway and Greenbelt right-of-way and interchange with Princess
Anne Road.t The alternatives developed utilizing the land use mix specified by the
Steering Committee are shown on the next three pages and discussed below.
.Proposals Common to All Alternatives .
Each of the alternatives share some common land use allocations, particularly
~in the area of the Lake Ridge property that is north and west of the proposed
'n~i~ Southeastern Parkway and Greenbelt. This area builds upon the theme already
established by the construction of the amphitheater and the proposed location of the
Virginia Beach Higher Education Center (VBHEC), adjacent to Tidewater
(TCC). two uses,
conjunction with Princess Anne
Community College These land in
Park and the Soccer Complex have established this area of the property as a center for
entertainment, recreation and open space, and education (with associated business
facilities).
Alternative Concept One
This alternative places all of the proposed land uses within the borders of
the Lake Ridge property (Map 2):
The area between the Southeastern Parkway and Judicial Boulevard is
designated as being suitable for two golf courses (350 acres) and a resort
hotel (75 acres). This land is currently farmed and is situated under the
highest level of Air Installation Compatible Use Zone (AICUZ) constraint.
Part of the area is unconstrained by AICUZ and could be used for a resort
hotel.
I Acreage figures provided are approximate.
PA Corridor Plan: Lake Ridge Property -- Appendix C
Page C.1
I
lu:xlllJt'd'~(! ,'lumm'ld q'~r'~U rmt,'lllA
The area between the proposed extension of West Neck Creek Parkway and the
eastern boundary of Lake Ridge is identified as being suitable for a middle school.
Some of this land is constrained by wetlands, leaving available developable
acreage at approximately 40 to 60 acres. This middle school location is actually
closer to the population base it would serve than the middle school site proposed
with the high school (see section above).
The area west of the SEP&G right-of-way is identified as being suitable for the
land use mix as described in the preceding section ("Proposals Common to All
Alternatives"). Moreover, since the middle school is located at the far eastern end
of the property in the proposal, additional acreage for 'entertainment' and
'recreational' uses is possible.
.Alternat!v. e Concept Two. ............
This alternative locates the proposed land uses within the original Lake
Ridge property and the former Princess Anne Commons property (I 12 acres)
located to the east of the Lake Ridge property (Map 3). The Princess Anne Commons property
was joined with the original Lake Ridge property when the City acquired the property early in
1997. The purchase of this property secured the final 'link' between the municipally controlled
lands to the north (Lake Ridge) and the municipally-controlled lands to the south (Municipal
Center and West Neck Creek District Park). As in Alternative One, the area between the SEP&G
and the proposed extension of West Neck Creek Parkway to Princess Anne Road is designated as
being suitable for two golf courses (350 acres) and a resort hotel (75 acres). This land is
currently farmed and is situated under the highest level of AICUZ constraint. Part of the area is
unconstrained by AICUZ and could be used for a hotel.
In Alternative One, the area between the proposed extension of West Neck Creek
Parkway and the eastern boundary of Lake Ridge is identified as being suitable for a middle
school. In Alternative Two, this area is expanded through the addition of the adjacent 112 acres
of the former Princess Anne Commons property. This results in a larger developable parcel of
approximately 80 to 90 acres (discounting areas of non-tidal wetlands) between the future West
Neck Creek Parkway and the future Judicial Boulevard extension. This area is designated as
being suitable for entertainment or recreation uses. The rationale behind providing this area was
to create an area that could possibly accommodate one of the uses proposed through the non-
profit submission process described earlier in this plan. Additionally, this area provides some
opportunity to expand the acreage devoted to golf course development if more land is deemed
necessary during the golf course design process.
The middle school that was located in the area described above is relocated to a
consolidated site with the high school, west of the SEP&G alignment
PA Corridor Plan: Lake Ridge Property u Appendix C Page C.3
The remaining acreage of the former Princess Anne Commons property is designated as
being suitable for business uses and possible expansion of the Municipal Center and
associated facilities. This area is located south of the future extension of Judicial
Boulevard and is divided by a future extension of West Neck Road, which provides the
site with access to North Landing Road. Ten acres of this property has been designated as
being suitable for the proposed Virginia Beach Juvenile Detention Center.
Alternative Concept Three
This alternative is identical to Alternative Two, except in regard to the
number of acres allocated to the golf course complex (Map 4).
This alternative was developed as an attempt to show what the most likely
affect would be of attempting to fit one or more of the uses proposed by the non-
profit organizations into the property. While it had been determined by the Steering Committee
that these uses were not high priorities for Lake Ridge because they did not fully meet the
Mission and Goals that had been established, there was still a desire to show how they might be
accommodated.
This was accomplished by realigning the future West Neck Creek Parkway such that 100
acres were removed from that allocated to the golf course complex and reallocated to the area
designated for possible recreation and entertainment uses. This created 170 acres for those uses.
Doing this, however, reduces the acres available for the golf course complex (325 acres) such
that only one quality course and a resort hotel could be accommodated.
Alternative Concept Four
This alternative is very similar to Alternative Three, with the following
exceptions (see Map 5):
The high school site has been relocated to a site across from the Virginia Beach
Higher Education Center (VBHEC) on Princess Anne Road This site is currently
the existing expansion area for Princess Anne Park. With the relocation of the
park, however, to within Lake Ridge, this site is made available. The site
provides some very unique opportunities in regard to the creation of an "education
complex," with the location of the VBHEC and TCC across Princess Anne Road
and Landstown Middle and Elementary Schools to the south.
The site shown for the high school and the middle school in Alternative Three is
redesignated in Alternative Four as being suitable for Entertainment and
Recreation uses. This provides a contiguous 150 acre site for such uses.
PA Corridor Plan: Lake Ridge Property -- Appendix C
Page C.5
The middle school site is relocated to the Princess Anne Commons property,
south of the future extension of Courthouse Loop/Judicial Boulevard.
The area designated for the two golf courses and resort uses is reconfigured in
Alternative Four so that more use can be made of the only quality treed area in
Lake Ridge, which is located in the southeastern corner of the property. This also
provides some business development opportunities adjacent to Princess Anne
Road, south of the future Southeastern Parkway.
PA Corridor Plan: Lake Ridge Property -- Appendix C Page C.6
I
II
City of Virginia Beach
LOUIS R JONES
COUNCILMAN - BAYSIDE BOROUGH
(8(.14) 583-0177
1008 WITCH POINT TRAIL
VIRGINIA BEACH VIRGINIA 23455
May 27, 1997
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk
Mumc~pal Center
Vlrgima Beach, Virginia 23456
Re' D~sclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
Dear Mrs. Smith:
Pursuant to the V~rginia Conflict of Interests Act, Section 2.1-639.14(G), Code of
Virginia, I make the following declaration:
1. The transactions for which I am executing this written disclosure are as follows:
ao
A resolunon to adopt the Princess Anne Corridor Plan: Lake
R~dge Property;
b.
An ordinance d~recting the preparation of documents with TPC
for a golf facility at Lake Ridge;
C.
A resolunon authorizing the City Manager to execute certain
documents associated with the multi-purpose sports stadium s~te
located at Lake Ridge;
do
An application of the City of Virginia Beach for a conditional use
permit for the TPC golf course and associated facilities; and
Mrs. Ruth Hodges Smith, CMC/AAE 2 May 27, 1997
Re: D~sclosure Pursuant to Section 2.1-639 14(G), Code of V1rg~nla
e.
An application of the City of Virginia Beach for a conditional use
permit for the multi-purpose sports stadium and associated facilities.
.
The nature of my personal interest is that I own property located adjacent to the
"Lake Ridge" property, and in close proximity to the parcels on which the golf
course and multi-purpose sports stadium will be constructed. My property is
valued in excess of $10,000.00.
,
The City Attorney has adwsed me that, ~n his opinion, I am a member of a
group (i.e., surrounding s~milarly-situated property owners) the members of
which will all be affected by these transactions.
.
I wish to disclose this interest and declare that I am able to participate in these
transactions fmrly, objectively, and ~n the public ~nterest.
Accordingly, I respectfully request that you record this declaration in your official
records. I have enclosed an opinion letter from Leslie L. Lilley, City Attorney, dated March
28, 1995, which addresses the issue of my personal interest in Council transactions involwng
the "Lake Ridge" property
Thank you for your assistance and cooperation ~n this matter.
Sincerely,
ores R. Jo~j~s
Councflmember
LRJ/clb
Enclosure
- 41 -
Item V-L.3.
RESOLUTIONS
ITEM # 42167
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Resolution to authorize the City Manager and City Attorney to execute an
agreement with the Tournament Players Club (TPC) re a golf facility
proposed at Lake Ridge; establish CIP #9-004 Lake Ridge Golf
Facih'ties, transfer $3,550,000 from CIP #9-260, Economic and Tourism
Development Partnerships; and, authortze acquisition of an access point
along Princess Anne Road for the proposed project.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W Harrison, Jr, HaroM
Heischober, Barbara M. Henley, Louts R Jones, Reba S McClanan,
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 Jones DISCLOSED, pursuant to Section 2.1-639 14(G) of the Code of Virginia, he owns
property located adjacent to the Lake Ridge Property and in close proximity to the parcels on which the
golf course and multi-purpose sports stadium will be constructed. His property is valued in excess of
$10,000. Councilman Jones wished to disclose this interest and declare he was able to participate in the
transaction fairly, objectively and in the public interest. Councilman Jones' letters of March 25, 1997, and
May 27, 1997, are hereby made a part of the record.
May 27, 1997
ORDINANCE DIRECTING PREPARATION OF
DOCUMENTS WITH TPC FOR A GOLF
FACILITY AT LAKE RIDGE, ESTABLISHING
LAKE RIDGE GOLF FACILITY AS A
CAPITAL PROJECT, AND AUTHORIZING THE
ACQUISITION OF AN ACCESS POINT
10
11
12
13
14
15
16
17
18
19
20
21
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23
24
25
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27
28
29
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31
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33
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37
WHEREAS, PKF Consulting, Inc. Completed its "Golf Destination
Study" in January, 1996, concluding that Virginia Beach had
"potential to become a destination golf area" and further
recommending consideration of the Lake Ridge property for the
creation of "two to three courses, at least one being a signature
course," and Virginia Beach's expansion of its efforts to promote
golf, locally and regionally;
WHEREAS, in September, 1996, the Virginia Beach Golf Committee
presented its report to City Council incorporating the principal
recommendations of PKF as they relate to Lake Ridge, including the
development of "Tier 1" golf courses at Lake Ridge, as well as
other specific recommendations;
WHEREAS, in October, 1996 the Virginia Beach Development
Authority (VBDA) initiated a Request for Proposals (RFP) process
for the lease of land to develop a portion of the Lake Ridge
property for two golf courses, and selected Tournament Players Club
(TPC) because its proposal most closely met the criteria that are
considered critical to the success of Virginia Beach as a golf
destination; and
WHEREAS, the VBDA has received a non-binding letter of intent
from PGA Tour Golf Course Properties, Inc., the owner and licensor
of TPC, detailing the lease of the necessary property, as well as
the proposed construction and operation of a TPC course on the Lake
Ridge property, with an option to construct a second course
thereon.
NOW, THEREFORE, BE IT ORDAINED that the City Manager and City
Attorney are directed to proceed with development of the documents
necessary and appropriate to enter into an agreement with TPC for
a proposed golf facility at Lake Ridge and to return with the final
documents and proposed actions by which City Council may authorize
and enable the VBDA to proceed with the contemplated project.
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49
BE IT FURTHER ORDAINED that Project 9-004 Lake Ridge Golf
Facilities be established as a Capital Improvements Project (CIP)
and that funds in the amount of $3,550,000 be transferred into this
project from CIP Project #9-260, Economic and Tourism Development
Partnerships.
BE IT FURTHER ORDAINED that the City Manager is authorized as
a part of the Lake Ridge Golf Course Facilities to acquire an
access point along Princess Anne Road for the proposed project.
CA-6660
Noncode \Lakeridg. Ord
05/22/97
R-2
II I
APPROVED AS TO
~,I~~-'f' ~ .... '
LEGAL
I III I II
ADOPTED: May 27, 1997
Fact Sheet on Golf Course at Lake Ridge
Project:
Public / Private Partnership to result in construction of a Tournament Player's Club (TPC) golf
course on 200 acres at Lake Ridge, including hosting a NIKE TOUR tournament during at least
the first five years, and possible construction of a second course at Lake Ridge at a later date
Cost:
Virginia Beach share:
TPC share:
Total cost:
$3.5 million for improvements and infrastructure, excluding land cost
$7 - 8 million ($6.5 million is minimum investment)
$10.5 - $11.5 million, depending on various site requirements
City funding source:
TGIF Special Revenue Fund (special revenue from hotel, restaurant and
amusement taxes)
Course Management:
The course will be managed by TPC which currently owns/operates 13 courses
and licenses 3 courses in the U.S., two in Japan, two in Thailand, and one in
China. Two courses are currently under construction.
Course Ownership:
The City of Virginia Beach will maintain ownership of the land and will lease it to the
Virginia Beach Development Authority which will lease it to TPC for 40 years for $300,000
per year. If the second course is completed, the lease will increase to a total of $550,000
per year.
Construction completion: Fall, 1998
First Toumament:
May 22, 1999
Fiscal Impacts:
The initial $3.5 million city investment is expected to be retumed within 10 years.
Additional fiscal impacts will result from increased hotel room nights generated by
the course, employment and annual rounds.
Employment:
Initial course will employ 135 persons (80% full time, 20% part time)-annual payroll of
$1.73 million
Annual Rounds:
Annual rounds are projected at 40,000 by year 3. In-season greens fees, including
cart, are projected to be between $75- $85, with out-of-season discounts.
Marketing:
The City will commit to a 5-year funding for advertising the NIKE TOUR in each
year: years I & 2 - $150,000; years 3 & 4 - $175,000 and year 5 - $200,000.
This project is in line with the city's Outdoor Plan, recommendations of the Virginia Beach Golf Committee and
the PKF Consulting, Inc. "Golf Destination Study.
NIKE TOUR is one of three tours sanctioned by the PGA TOUR. Players are those seeking to be members of
the PGA TOUR.
Virgmm Beach Public Information
- 42 -
Item V-L. 4.
RESOLUTIONS ITEM # 42168
The following spoke in SUPPORT of the Resolution:
Mike Barrett, 1829 Eden Way, Phone: 422-1568, represented Hampton Roads Soccer Council
Mark McMullin, Phone: 494-2068, represented Hampton Roads Soccer Council
Upon motion by Councilman Heischober, seconded by Councilman Branch, City Council ADOPTED:
Resolution to authorize the City Manager to execute a Coordination
Agreement, Ground Lease and related project documents for the
establishment of the Multi-Purpose Sports Stadium.
Councilman Heischober advised, when the Sports Stadium is addressed to be expanded, this agreement
self-destructs and a new agreement will be structured to take into account the expenditure, so the pay-
back will be totally different than the pay-back in this present Agreement. The pay-back is a combination
of revenues anticipated from the Mariners and other acttvities contracted
Voting. 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0 Branch, III, Harold Heischober, Barbara M.
Henley, Louis R. Jones, Mayor Meyera E Oberndo~ Nancy K. Parker,
Vice Mayor William D Sessoms, Jr. and Louisa M. Strayhorn
Councd Members Abstained:
William W. Harrison, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
This item was voted upon after the Planning Item M. 6. a.b.c. Applications of the City of Virginta Beach
(L~I~ ~DGE).
Councilman Harrison ABSTAINED as his law firm represents the Hampton Roads Mariners.
Councilman Jones DISCLOSED, pursuant to Section 2 1-639.14(G) of the Code of Virginia, he owns
property located adjacent to the Lake Ridge Property and in close proximity to the parcels on which the
golf course and multi-purpose sports stadium will be constructed. His property is valued in excess of
$10,000. Counctlman Jones wished to disclose this interest and declare he was able to participate in the
transaction fairly, objectively and in the public interest. Councilman Jones' letters of March 25, 1997, and
May 27, 1997, are hereby made a part of the record.
May 27, 1997
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RESOLUTION AUTHORIZING
THE CITY MANAGER TO
EXECUTE A COORDINATION
AGREEMENT, GROUND LEASE
AND RELATED PROJECT
DOCUMENTS FOR THE MULTI-
PURPOSE SPORTS STADIUM
SITE
WHEREAS, the City Manager has been authorized by a Resolution
13 adopted by the City Council on August 27, 1996, to develop an
14 agreement of understanding with the City of Virginia Beach
15 Development Authority (the "Authority"), to accomplish, among other
16 things, the following: identify and negotiate the terms of a
17 transfer by the City of a site for a proposed multi-purpose sports
18 stadium (the "Facility") and negotiate the terms of a long term
19 lease of the Facility; and
20
WHEREAS, pursuant to the direction of the August 27th
21 Resolution, the City Manager has identified the site and negotiated
22 the terms of a coordination agreement (the "Coordination
23 Agreement") with the Authority, as well as a ground lease (the
24 "Ground Lease") with the Authority under which the Facility site
25
consisting of 150 Acres ± will be leased to the Authority for a
26 term not to exceed 40 years; and
27
WHEREAS, the City Council has previously authorized funding in
28 its FY 1998 Capital Budget for the Multi-Purpose Sports Stadium;
29 and
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WHEREAS, the City Manager seeks authorization to execute and
31 deliver the Coordination Agreement, the Ground Lease, and certain
32 other project documents ("Project Documents") necessary for the
33 establishment of the Multi-Purpose Sports Stadium.
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
36 BEACH, VIRGINIA:
That the City Manager, acting on behalf of the City, is
3 authorized to enter into (i) the Coordination Agreement, and (ii)
4 the Ground Lease, substantially in the form attached hereto as
5 Exhibit A and Exhibit B, respectively, and (iii) other Project
6 Documents necessary and appropriate for the establishment of the
7 Multi-Purpose Sports Stadium on such terms and conditions as may be
8 approved by the City Manager subject to approval as to legal
9 sufficiency by the City Attorney.
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this
Adopted by the Council of the City of Virginia Beach, Virginia
27 day of May , 1997.
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CA-6640
NONCODE \ CA6640 RES
R-2
PREPARED: May 22, 1997
APPROVED AS TO LEGAL
SUFFICIENCY:
City ~ttorney
MULTI-PURPOSE STADIUM
COORDINATION AGREEMENT
THIS MULTI-PURPOSE STADIUM COORDINATION AGREEMENT (the
"Coordination Agreement") is entered into as of the day of
, 1997, by and between the CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia (the "City"),
and the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political
subdivision of the Commonwealth of Virginia (the "VBDA").
RECITALS:
WHEREAS, subject to the execution and delivery of this
Agreement by the City, the VBDA is willing to enter into certain
contractual arrangements with Hampton Roads Sports and undertake
construction of the Stadium to be developed on a site located in
the City of Virginia Beach, Virginia, in accordance with the
Operating Agreement;
WHEREAS, pursuant to the Operating Agreement, the VBDA will
agree to construct the Stadium and to provide funding therefor;
WHEREAS, prior to completion of construction of the Stadium,
the VBDA will enter into the Operating Agreement with Hampton Roads
Sport s;
WHEREAS, the City, the VBDA and Virginia Beach City Public
Schools will be entitled to use the Stadium for Community Service
Events in accordance with the provisions of the Operating
Agreement;
WHEREAS, as an inducement to the VBDA to undertake the Stadium
project and to enter into the Operating Agreement, the City is
willing, subject to appropriation by City Council, to make funds
available to the VBDA as required to meet the VBDA's obligations
under the Operating Agreement and the Ground Lease; and
WHEREAS, the parties desire to enter into this Agreement for
the purpose of coordinating their respective rights and
obligations with respect to the Stadium.
AGREEMENTS
NOW, THEREFORE, in consideration of the mutual covenants and
agreements contained herein, the parties hereto agree as follows:
ARTICLE II.
DEFINITIONS
Unless the context otherwise requires, the capitalized terms
used herein shall, for all purposes of this Agreement, have the
meanings set forth in the Operating Agreement. In addition, the
following additional capitalized terms shall have the following
specified meanings:
(a) "City's Representative" shall mean the City Manager or
his designee.
(b) "Ground Lease" shall mean the Ground Lease dated as of
, 1997, by and between the VBDA and the City
identified in Section 2.1 below.
(c) "Hampton Roads Sports" shall mean Hampton Roads Sports,
L. L. C., a Virginia limited liability company, its successors and
permitted assigns.
(d) "Land" shall mean the property leased to the VBDA by the
City pursuant to the Ground Lease.
(e) "Operatinq Aqreement" shall mean the Operating and Use
Agreement dated as of , 1997, by and between
Hampton Roads Sports and the VBDA relating to the construction,
operation and use of the Stadium, a copy of which is attached
hereto as Exhibit A
(f) "Termination Date" shall mean the last day of the Term
(as defined in the Operating Agreement) or, if earlier, the date on
which the Operating Agreement is terminated in accordance with its
terms.
(g) "VBDA's Representative" shall mean the City's Director of
Economic Development or his designee.
ARTICLE II.
CITY'S UNDERTAKINGS
2.1 Ground Lease. On or before the Commencement Date, the
City shall enter into the Ground Lease with the VBDA on the terms
set forth in Exhibit B attached hereto and shall enter into a
Recognition Agreement with Hampton Roads Sports and the other
parties thereto substantially in the form attached to the Operating
Agreement as Exhibit C.
2.2 Fundinq for the Stadium. Subject to appropriation by
City Council, the City agrees to contribute funds to the VBDA (in
the form of grants) in an amount not to exceed $ ,
unless otherwise approved by City Council, on written request of
VBDA solely to pay the costs of design and construction of the
Stadium.
2.3 Fundinq for VBDA's Obliqations as Landlord. Subject to
appropriation by City Council, the City agrees to contribute funds
to the VBDA (in the form of grants) on written request of the VBDA
as necessary to enable the VBDA to perform its monetary obligations
under the following provisions of the Operating Agreement: Section
4.2 (Utility Charges), Section 5.6 (Traffic, Crowd Control and
Cleanup), Section 5.8 (VBDA/Schools/City Use), Section 5.9 (Non-
Gated Use) and Section 5.15 (User Agreements) all solely to the
extent such charges relate to the City's or the VBDA's use of the
Stadium; Section 7.1 (Maintenance and Repair); Section 7.2 (Damage
or Destruction); Section 7.3 (Condemnation); Section 9.1 (A)
(Insurance Coverage); Section 9 .2 (Liability Insurance); Section
9.4 (Indemnification); Section 14.0 (Setoff, Abatement, etc.); and
Section 17.13 (Attorneys' Fees), in each case, solely to the extent
permitted by law and excluding acts and omissions attributable to
negligence, gross negligence or willful misconduct of the VBDA, its
employees or agents.
ARTICLE III.
VBDA'S UNDERTAKINGS
3.1 Certain Payments to City.
(a) The VBDA shall remit promptly to the City any excess
funds disbursed to the VBDA by the City after construction of the
Stadium has been completed.
(b) The VBDA shall pay ground rent to the City when due
as required by Section 2.2 of the Ground Lease.
(c) Except as expressly provided in this Section 3.1,
the VBDA shall have no obligation to repay any grant made to it by
the City under Article II of this Agreement and the City's recourse
for such payments shall be restricted solely to the sources from
which such payments are derived (except to the extent the VBDA may
wrongfully misappropriate such payments to other uses).
3.2 No Liens, etc. The VBDA shall not grant or suffer to
exist any lien on or security interest in or otherwise encumber the
VBDA's right, title and interest in and to the Land, the Ground
Lease, the Operating Agreement, or the Fees payable to it under the
Operating Agreement without, in each instance, the City's prior
written consent, which may be withheld in its sole discretion.
ARTICLE IV.
USE OF STADIUM BY CITY
4.1 Coordination of Use. Pursuant to Sections 5.8 and 5.9 of
the Operating Agreement, the City has certain rights to use the
Stadium, subject to Sections 5.7 and 5.15 of the Operating
Agreement. The VBDA agrees that the use of the Stadium by the City
as set forth in such Sections 5.8 and 5.9 will be coordinated with
and subject to the approval of the City's Representative during the
Term of the Operating Agreement.
4.2 Selection of Dates and Proqrams. The VBDA, acting
through VBDA's Representative, and the City, acting through the
City's Representative, shall cooperate with each other and work
together to select the dates the Stadium is to be utilized by the
City and to develop the programs and events to occur during such
use, all subject to the provisions of Sections 5.7, 5.8, 5.9 and
5.15 of the Operating Agreement.
ARTICLE V.
AMENDMENTS AND WAIVERS WITH RESPECT TO OPERATING AGREEMENT
5.1 No Consents or Amendments. The VBDA shall not cancel,
amend or modify any of the provisions of the Operating Agreement
without the prior written consent of the City's Representative.
5.2 Notice of Defaults; No Waiver. The VBDA shall promptly
notify the City in writing if any material default occurs under the
Operating Agreement, and the VBDA shall not waive or grant any
extension of time for curing any default beyond any applicable
grace period set forth in the Operating Agreement without the prior
written consent of the City's Representative.
ARTICLE VI.
MISCELLANEOUS PROVISIONS
6.1 Notices.
(a) Unless otherwise provided in this Agreement, all
notices, demands or requests from one party to
another may be personally delivered or sent by
mail, certified or registered, return receipt
requested, postage prepaid to the addresses below,
and shall be deemed to have been given at the time
of personal delivery or at the time of receipt.
(b) Ail notices, demands or requests from the City to
the VBDA shall be given to the VBDA at:
One Columbus Center, Suite 300
Virginia Beach, VA 23462
Attention: Chairman
With a Copy to:
Director of Economic Development
One Columbus Center, Suite 300
Virginia Beach, Virginia 23462
(c) Ail notices, demands or requests from the VBDA to
the City shall be given to the City at:
Municipal Center
Virginia Beach, VA 23456
Attention: City Manager
(d) Either party may change its address for notices
from time to time by giving notice of its new
address to the other party pursuant to this Section
6.1.
6.2 Assiqnment. Neither the City nor the VBDA shall have
the right to assign or transfer its respective rights, liabilities
and obligations under this Agreement to any person without the
prior written consent of the other party. Subject to the
foregoing, this Agreement shall be binding upon, inure to the
benefit of and be enforceable by the City and the VBDA and their
respective successors and permitted assigns.
6.3 No Third Party Beneficiaries. No person, including
without limitation, Hampton Roads Sports and any successor operator
under the Operating Agreement, shall be a third party beneficiary
of this Agreement.
6.4 Entire Aqreement; Amendments. This Agreement constitutes
the entire understanding between the parties with respect to the
subject matter hereof and supersedes all prior negotiations,
representations, statements or agreement, whether written or oral,
between the parties hereto. This Agreement may be amended only by
a written agreement executed and delivered by each party hereto.
6.5 Relevant Law. This Agreement shall be governed by
Virginia law. All actions relating to this Agreement shall be
instituted and litigated in state or federal courts sitting in
Virginia.
6.6 Partial Invalidity. If any term or provision of this
Agreement or the application thereof to any person or circumstance
shall to any extent be held invalid or unenforceable by a court of
competent jurisdiction, the other provisions of this Agreement, or
the application of such provisions to persons or circumstances
other than those to which it is held invalid or unenforceable,
shall not be affected thereby, and each provision of this Agreement
shall be valid and be enforced to the fullest extent permitted by
law.
6.7 Counterparts. This Agreement may be executed in any
number of counterparts and all such counterparts together shall
constitute but one and the same agreement.
IN WITNESS WHEREOF, this Agreement has been executed on behalf
of the VBDA and the City as of the date first above written.
CITY OF VIRGINIA BEACH
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
BY: BY:
City Manager/Designee
G \ leases\stadium\coordin vr4
May 22, 1997
Chairman
MULTI-PURPOSE STADIUM OPERATING AND USE AGREEMENT
THIS MULTI-PURPOSE STADIUM OPERATING AND USE AGREEMENT
("Agreement") is entered into as of the ~
day of
, 1997, by and between the
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (the "VBDA"), a political
subdivision of the Commonwealth of Virginia, and HAMPTON ROADS SPORTS, L.L.C., a
Virginia limited liability company (the "Operator").
WHEREAS, subject to the terms and conditions contained herein, the VBDA will cause
the design and construction of a multi-purpose stadium on a portion of the site known as Lake
Ridge in the City of Virginia Beach, Virginia, which is more particularly described on Exhibit A
attached hereto (the "Site"), to host, among other events, professional soccer games; and
WHEREAS, the Operator owns and operates a United States Interregional Soccer League
("USISL") professional soccer team which is currently known as the "Hampton Roads Mariners"
(the "Mariners") which plays its home games in Virginia Beach, Virginia; and
WHEREAS, the Operator and the VBDA desire that the Mariners continue to be located
in Virginia Beach, Virginia, and to play their home games in the stadium to be built on the Site
pursuant to this Agreement; and
WHEREAS, the Operator and the VBDA desire that this Agreement shall set forth their
full and complete understanding with respect to the subject matter herein contained and the terms
and conditions under which the Mariners will (i) schedule and play home games in the stadium to
be constructed and owned by the VBDA for such purpose; and (ii) operate and use the said stadium
as described herein.
NOW, THEREFORE, for and in consideration of the premises, the mutual promises and
covenants herein contained, and other good and valuable consideration, the receipt and sufficiency
of which are expressly acknowledged, the VBDA and the Operator do hereby mutually agree as
follows:
WITNESETH:
1.0 DEFINITIONS AND OTHER GENERAL PROVISIONS
1.1 Definitions
Unless the context otherwise requires, for all purposes of this Agreement, the capitalized
terms used herein shall have the following specified meanings:
A. Agreement. The term "Agreement" shall mean this Operating and Use
Agreement and all modifications, renewals and extensions hereof.
B. Amphitheater. The term "Amphitheater" shall mean the Virginia Beach
Amphitheater presently known as the "GTE Virginia Beach Amphitheater"
C. Broadcasting Rights. The term "Broadcasting Rights" shall mean the rights to
all broadcasting without limitation, commercial broadcast television, radio, all forms of cable
transmissions, whether currently existing or developed during the term of this Agreement, whether
microwave, satellite over-the-air, fiber optics or otherwise, including, without limitation, basic and
pay cable television, over-the-air pay television, multipoint distribution system television,
multipoint multichannel distribution system television, direct broadcast satellite television,
subscription television, pay-per-view television, low power television and closed circuit television,
telecommunication, internet and any other method which may supplant the foregoing of all events
held at the Stadium.
D. Broadcasting Revenues. The term "Broadcasting Revenues" shall mean all
revenues received from any source by the Operator generated from Broadcasting Rights.
E. City. The term "City" shall mean the City of Virginia Beach, a political
subdivision and public body corporate of the Commonwealth of Virginia.
F. Club. The term "Club" shall mean the USISL Division II (or any equivalent
or higher future designation available under governing soccer authorities) professional soccer
franchise which (1) is owned and operated by the Operator; and (2) at the date of this Agreement
is known as the Mariners; and such term shall include any successor thereto.
G. Club Home Game. The term "Club Home Game" shall mean any professional
soccer game played by the Club in the Stadium, including exhibition, all-star, regular season,
playoff and championship games.
H. Commencement Date. The term "Commencement Date" shall mean the date
on which all of the following have occurred and/or been satisfied: (i) construction of the Stadium
and related facilities have been completed in accordance with the Plans and Specifications; (ii) a
certificate of substantial completion relating to the Stadium and related facilities has been issued
by the supervising architect; and (iii) a certificate of occupancy for the Stadium has been issued
by the City.
I. Community Service Event. The term "Community Service Event" shall mean
a local event held by a civic, educational, governmental, recreational, religious or charitable
organization for non-profit purposes, including, without limitation, high school football and other
high school events, and held at the Stadium in accordance with the terms hereof, but not including
professional, extfibition or Other Soccer Games involving professional, national or international
teams.
J. Concessions. The term "Concessions" shall mean any and all food and beverage
items sold on the Site by the Operator or pursuant to an agreement to be negotiated between the
Operator and a third-party concessionaire other than the Operator. Said third-party concessionaire
must be approved in advance by the VBDA, which approval may not be unreasonably withheld or
delayed.
K. Concession Revenues. The term "Concession Revenues" shall mean all gross
revenues or receipts of the Operator from the sale of Concessions at the Stadium during any
calendar year.
L. Concession Rights Revenues. The term "Concession Rights Revenues" shall
mean lump sum revenues received by the Operator for the sale, license or other grant to a third
party concessionaire of the exclusive rights to sell Concessions at the Stadium, but excluding any
revenue based on a percentage of Concession Revenues.
M. Fees. The term "Fees" shall mean the Base Fee set forth in Section 3.1 and
the Percentage Fees set forth in Section 3.2 of this Agreement.
N. Gross Revenues. The term "Gross Revenues" shall mean the total amount of
revenues and receipts actually received by the Operator from time to time during the term of this
Agreement arising out of or relating to the Operator's possession, control, use or operation of the
Stadium.
O. Ground Lease. The term "Ground Lease" shall mean the Ground Lease dated
as of
between the City and the VBDA with respect to the Site, as amended
from time to time.
P. Mariners. The term "Mariners" shall mean the professional soccer team
currently known as the" Hampton Roads Mariners" initially owned and operated by the Operator,
any successor corporation or entity (by way of sale of assets or stock, merger or otherwise) and
any assignee permitted under Section 10 hereof. Upon the written request of the VBDA or the
City at least six (6) months prior to the beginning of any Soccer Season, Operator agrees to change
the team name to "Virginia Beach Mariners". The Operator reserves the right to change the
"Mariners" portion of the team name, but agrees that the geographic designation portion of the
team name will be "Virginia Beach".
Q. On-Site Parking. The term "On-Site Parking" shall mean all surfaced lots on
the Site.
R. On-Site Parking Revenues. The term "On-Site Parking Revenues" shall mean
any and all revenues and receipts by Operator from On-Site Parking associated with Soccer Events
and Stadium Events. Upon the written request of the VBDA or the City at least six (6) months
prior to the beginning of any Soccer Season, the parking fee for On-Site Parking shall be included
in the admission price for all Soccer Events that coincide with an event at the Amphitheater.
S. Other Soccer Game. The term "Other Soccer Game" shall mean any soccer
game played in the Stadium which does not include professional soccer teams but excluding any
Community Service Event.
T. Parameters. The term "Parameters" shall mean the components listed on Exhibit
B attached hereto, and concepts expressed therein and herein, including without limitation, the
number of seats as provided in (AA) below.
U. Plans and Specifications. The term "Plans and Specifications" shall refer to the
mutually approved final plans and specifications prepared based on the Parameters by an architect
mutually approved by the VBDA and the Operator.
V. Schools. The term "Schools" shall mean Virginia Beach City Public Schools.
W. Sky_ Box Revenues. The term "Sky Box Revenues" shall mean all Gross
Revenues actually received by the Operator and derived from the sale and/or rental of any sky box
luxury suites at the Stadium.
X. Soccer Events. The term "Soccer Events" shall mean all professional soccer
games (including Club Home Games), Other Soccer Games and other events or uses related to such
professional soccer games, Club Home Games, Other Soccer Games and the sport of soccer,
including exhibition games, practices, camps, clinics and other soccer-related promotional or
community events.
Y. Soccer Season. The term "Soccer Season" shall mean the period commencing
April 15 and ending either (1) on the date on which the Club's last game is played during the same
calendar year, including any and all post-season competition, exhibition, play-off and all-star
games, or (2) October 15, whichever shall later occur.
Z. Sponsorship Revenues. The term "Sponsorship Revenues" shall mean Gross
Revenues actually received by the Operator and derived from the sale of fixed stadium advertising
and other stadium signs approved by the VBDA. For purposes of calculating Sponsorship
Revenues, all constituent items of revenues and receipts shall be deemed to have been actually
received by Operator during the calendar month of collection.
AA. Stadium. The term "Stadium" shall mean the structure to be constructed, in
accordance with this Agreement, the Parameters and the Plans and Specifications. Initially, the
Stadium will have a seating capacity of at least 6,000 with phased expansion capability to 30,000
seats as conditions warrant.
BB. Stadium Event. The term "Stadium Event" shall mean any and all events,
other than Community Service Events and Soccer Events, promoted and held in the Stadium.
CC. Stadium Taxes. The term "Stadium Taxes" shall mean all taxes and
assessments of any kind or nature whatsoever, general and special, ordinary and extraordinary,
foreseen and unforeseen, which at any time during the Term of this Agreement may be assessed,
levied, confirmed or imposed upon the Operator for the operation and/or use of the Stadium and/or
the Site for the exhibition or performance of Soccer Events and Stadium Events, specifically
including, without limitation, admission taxes now or hereafter imposed by the City pursuant to
Section 35-181, et seq, of the Virginia Beach City Code (1981), as amended, the City's portion
of food and beverage taxes and sales and use taxes, business license taxes, personal property tax
and other such future taxes, fees and levies imposed by and benefiting the City. Stadium Taxes
shall not include any real estate, leasehold or similar taxes or assessments relating to the Stadium
and/or the Site.
DD. Standard Industry_ Practice. The term "Standard Industry Practice" shall
mean, at a given time, any of the practices, methods and acts engaged in or approved by a
significant portion of the professional soccer industry prior to such time, as reasonably determined
by the Operator at the time in question.
EE. Term and Interim Term. The terms "Term" and "Interim Term" each shall
have the meanings set forth in Section 2 of this Agreement.
1.2
Construction of the Stadium
The VBDA shall construct the Stadium incorporating the Parameters and the Plans and
Specifications pursuant to a separate agreement with the City. Four sky box shells shall be
constructed by the VBDA as part of the Stadium. If the Plans and Specifications permit, the
Operator shall have the option to pay for additional sky boxes. The Operator shall be responsible
for the build-out of all sky boxes constructed as part of the Stadium. The Plans and Specifications,
any changes to the Plans and Specifications and the architect and/or engineer preparing the same
shall be subject to the mutual approval of the VBDA and the City. The Operator shall be
permitted the opportunity to review and comment on the Plans and Specifications. The VBDA
agrees to construct the Stadium and related facilities in accordance with the approved Plans and
Specifications in a good and workmanlike manner, using first quality, new materials. The VBDA
agrees to promptly, diligently and continuously pursue preparation of the Plans and Specifications
and construction of the Stadium and related facilities and agrees to use its best efforts to complete
construction of the Stadium and related facilities such that the Commencement Date will occur on
or prior to April 1, 1998. If the Commencement Date has not occurred on or prior to April 1,
1998, the VBDA and the City will cooperate with the Operator to locate suitable substitute facilities
for any Club Home Games scheduled to occur prior to the Commencement Date. If the
Commencement Date has not occurred on or prior to May 15, 1998, then, notwithstanding any
other provision of this Agreement to the contrary, 33 % of the Base Fee payable during the 1998
Soccer Season shall be abated. If the Commencement Date has not occurred on or before June 5,
1998, then, notwithstanding any other provision of this Agreement to the contrary, 66% of the
Base Fee payable during the 1998 Soccer Season shall be abated. If the Commencement Date has
not occurred on or before July 1, 1998, 100% of the Base Fee payable during the 1998 Soccer
Season shall be abated.
1.3 Agreement
Immediately prior to the execution and delivery of this Agreement by the parties hereto,
the VBDA has leased the Site from the City for a term not to exceed 40 years pursuant to the
Ground Lease. Subject to the terms and conditions contained in this Agreement, and in
consideration of the mutual covenants set forth in this Agreement, the VBDA authorizes and gives
the Operator the exclusive right to operate and use, and the Operator agrees to operate and use,
the Site and the Stadium, together with use of all rights, easements, privileges, and appurtenances
thereto, for the Term of this Agreement.
1.4 Compliance with Law
During the term of this Agreement, at its sole cost and expense (except to the extent certain
maintenance, repair and replacement expenses are the responsibility of the VBDA under Sections
7.1(C) and (D) hereof and except as otherwise provided in this Agreement), the Operator shall
operate and use the Stadium in compliance with all laws, ordinances, orders, rules, regulations and
requirements of all federal, state and local governmental agencies which may be applicable to the
Operator's operation or use of the Site and the Stadium. The Operator shall likewise observe and
comply with the material requirements of all policies of public liability, fire, and other insurance
at any time in force with respect to the Site and the Stadium relating to the Operator's operation
and use of the Stadium. By way of clarification, it is hereby expressly acknowledged and agreed
that the obligations contained in this Section 1.4 shall in no way impose upon the Operator any
contractual obligation to make any design or construction changes to the Stadium to comply with
any such laws, ordinances, orders, rules, regulauons and requirements, it being agreed and
acknowledged that the foregoing provisions relate solely to the manner in which the Stadium is to
be operated and used and that the VBDA shall be responsible for the initial design and construction
in accordance with such laws and any subsequent changes required in connection therewith.
2.0 TERM
2.1 Interim Term
The interim term of this Agreement (the "Interim Term") shall begin on the date hereof and
(unless earlier terminated in accordance with the provisions hereof) shall end at 12:01 a.m. on the
Commencement Date. During the Interim Term, no Fees shall be payable by the Operator, and
the Operator's obligations to maintain insurance in accordance with Section 9 hereof shall be
suspended.
2.2 Term
The basic term of this Agreement (the "Term") shall begin at 12:01 a.m. on the
Commencement Date and (unless earlier terminated in accordance with the provisions hereof) shall
end on the last day of the calendar year in which the twentieth (20th) Soccer Season occurs. The
VBDA shall deliver the Site and the Stadium to the Operator for operating and using same, subject
to the provisions of this Agreement, on or before the Commencement Date. If the Commencement
Date occurs on or before May 15 of a particular calendar year, then the Soccer Season during such
calendar year shall be deemed to be, for all purposes of this Agreement other than the Fees payable
pursuant to Sections 3.1 and 3.2, the "first" Soccer Season of the term of this Agreement. If the
Commencement Date occurs after May 15 of a particular calendar year, then the Soccer Season
during the next succeeding calendar year shall be deemed to be, for all purposes of this Agreement
other than the Fees payable pursuant to Section 3.1 and 3.2, the "first" Soccer Season of the term
of this Agreement.
2.3
A.
Renegotiation/Expansion
The Stadium may be expanded at any time during the Term upon the mutual
agreement of the Operator and the VBDA.
B. The Stadium may be expanded at any time during the Term by the VBDA at the
request of the City for purposes unrelated to professional soccer without the concurrence of the
Operator. In such event, the Operator and the VBDA agree to negotiate in good faith a new
agreement as provided in Section 2.3 (C) below with no increase in the net expense to the
Operator. If the Operator subsequently acquires a Major League Soccer franchise, this Agreement
shall be renegotiated in accordance with Section 2.3 (C) below.
C. In the event of any expansion ("Expansion") pursuant to Sections 2.3 (A) or (B)
above, the VBDA and the Operator agree to negotiate in good faith a new agreement (subject to
the approval of the City) which will replace or amend this Agreement, as required. Among the
items subject to renegotiation are the following:
(i) Fees.
(ii) Sponsorship Revenues.
(iii) Stadium naming rights.
(iv) Term.
(v) Capital contribution by the Operator toward expansion costs.
(vi) Stadium Use.
(vii) Use of Stadium by the City, the VBDA and Schools.
(vifi) Personal Guaranties.
D. If the City desires to expand the Stadium due to the availability of a Major League
Soccer franchise, and the Operator refuses or is unable to obtain such a franchise, the Operator
agrees to negotiate in good faith with the potential franchisee to release the Operator's rights under
this Agreement.
E. Prior to an Expansion, the Operator and the VBDA agree to further evaluate the
impact of expansion of the Stadium on the Amphitheater. An Expansion shall be conditioned on
the availability of adequate infrastructure (including roads and parking) to accommodate the
operation and use of the expanded Stadium.
3.0 PAYMENTS
3.1 Base Fee
Subject to Section 1.2 above, the Operator shall pay to the VBDA annually a base fee (the
"Base Fee") in the sum of $100,000, without demand therefor being made, commencing with the
calendar year in which the Commencement Date occurs and continuing during the Term of this
Agreement. If the Commencement Date occurs after April 1, 1998, but on or before May 15,
1998, the Base Fee shall be prorated based on a fraction, the numerator of which is the number
of Club Home Games played during such calendar year and the denominator of which shall be the
total number of Club Home Games scheduled, including playoff and championship games. The
Base Fee shall be increased every two (2) years during the Term by five percent (5 %) of the
previous year's Base Fee amount. The Base Fee shall be payable in two equal installments
(initially in the amount of $50,000 each), the first of which shall be due on April 15 of each
calendar year during the Term hereof, and the second of which shall be due on October 30 of each
calendar year during the Term hereof together with the annual payment of Percentage Fees
required by Section 3.2 of this Agreement.
3.2 Percentage Fees
Commencing on October 30 of the calendar year in which the first Club Home Game
occurs and continuing during the Term of this Agreement, without demand therefor being made,
the Operator shall pay to the VBDA annually, in arrears, as Percentage Fees ("Percentage Fees"),
an amount equal to the sum of the following:
A. Unless otherwise agreed to by the City's Director of Economic Development on a
per event basis, for all Stadium Events:
(i) 10% of Concession Revenues
(ii) 50% of On-Site Parking Revenues as provided in Section 5.11
(iii) 50% of Broadcasting Revenues
(iv) 15 73 of ticket sales as provided in Section 5.11
B. For all Soccer Events:
(i) For the first three (3) Soccer Seasons:
a) 5 73 of the first $340,000 of Concession Revenues
b) 12.5 73 of all Concession Revenues in excess of $340,000
(ii) Beginning with the fourth Soccer Season, 1073 of all Concession Revenues
(iii) 5 % of On-Site Parking Revenues
(iv) 10% of Sky Box Revenues
(v) 5 % of Sponsorship Revenues
3.3
Payment Procedures for Fees
A. All Fees due hereunder shall be payable to the VBDA at its address for notices set forth
in Section 17.10 of this Agreement.
B. The Operator shall submit with each payment of Percentage Fees pursuant to Section
3.2 of this Agreement an itemized report setting forth the amount of all Concession Revenues, Sky
Box Revenues, Broadcasting Revenues from Stadium Events, Concession Rights Revenues,
Sponsorship Revenues and On-Site Parking Revenues actually received by the Operator for the year
ending October 15 preceding the due date of the Percentage Fees, which statements shall be
certified to by the chief financial officer or chief executive officer of the Operator as to the
accuracy thereof.
C. In the event any Fees payment is not made when due under Section 3 and such
delinquency continues for seven days after written demand by the VBDA to the Operator, the
VBDA shall be entitled to receive a late charge equal to 5% of the amount of any delinquent
payment (unless the item in question is in good faith being contested).
D. All taxes, charges, costs and expenses which the Operator is required to pay hereunder,
together with all interest and penalties that may accrue thereon in the event of the Operator's
failure to pay such amounts, and all damages, costs and expenses, including reasonable attorney's
3.0
fees, which the VBDA may reasonably incur by reason of any default of the Operator or failure
by the Operator to comply with the terms of this Agreement, shall be deemed to be additional Fees
due in the event of nonpayment by the Operator.
3.4
Books and Records
A. The Operator shall maintain accurate and complete books and records, including income
and tax returns, and records of complimentary tickets, in a form which will permit verification of
Sponsorship Revenues, Sky Box Revenues, Broadcasting Revenues from Stadium Events,
Concession Rights Revenues, Concession Revenues and On-Site Parking Revenues in accordance
with the definitions thereof showing all revenue, and shall require all licensees, concessionaires,
or others using or occupying the Stadium or in any way doing business with the Operator at the
Stadium to do the same, for a period of not less than three (3) years after the expiration of the year
to which such records relate. Such records shall show all revenue supported by documents of
original entry such as sales slips, cash register tapes, purchase invoices and tickets issued.
B. Within one hundred twenty (120) days after the end of each of its fiscal years, the
Operator shall make available at its offices at the Stadium for inspection by the VBDA a balance
sheet as of the end of such fiscal year and the related statements of earnings, owners' equity and
cash flows of the Operator for such fiscal year, in each case setting forth in comparative form the
figures (if available) as of the end of and for the previous fiscal year, compiled by independent
certified public accountants of recognized standing selected by the Operator. The Operator
represents that its fiscal year currently ends December 31.
3.5 Right to Audit
The VBDA shall have the right, at its expense, but only after reasonable advance written
notice to the Operator, to examine and audit from time to time, at the discretion of the VBDA, the
Operator's records of revenue and receipts relating to the Stadium and the Site, including all books
of account and all supporting documents. Notwithstanding the foregoing, the VBDA shall not have
the right to examine and audit the books and records of the Operator for a second time during any
calendar year unless the first audit during such calendar year uncovered a deviation from reported
results resulting in an underpayment to the VBDA in excess of three percent (3 %). The Operator
shall reimburse the VBDA for all expenses incurred in connection with any such second audit and
any first audit uncovering a deviation from reported results resulting in an underpayment of
Percentage Fees to the VBDA in excess of three percent (3 %).
3.6 Security Deposit
The Operator's obligations to pay Fees and to perform its other obligations under this
Agreement shall be secured by a cash security deposit or a Letter of Credit acceptable to the City
Attorney in the amount of $50,000.00. At the commencement of each Soccer Season, the Operator
shall deposit the cash or letter of credit with the VBDA on or before April 15 of the applicable
calendar year, with any letter of credit to expire no earlier than December 31 of the then current
calendar year. Upon the Operator's payment of the Base Fee and Percentage Fees for such
calendar year, the VBDA shall return the deposit or letter of credit to the Operator.
Notwithstanding the foregoing, the requirements of this Section 3.6 shall expire and become null
and void (and any cash security deposit or Letter of Credit shall be returned to the Operator)
immediately after the end of the seventh Soccer Season if no Event of Default has occurred and
is then continuing (provided that the VBDA reserves the right to reimpose such requirement upon
any assignee of the Operator in the event of a permitted assignment, for a period of seven Soccer
Seasons following the effective date of such assignment).
4.0 TAXES AND UTILITIES
4.1
Payment of Taxes, Assessments, etc.
The Operator shall pay and discharge, before any fine, penalty, interest or cost may be
added thereto for the nonpayment thereof, all Stadium Taxes; provided, however, the Operator
shall have the right to contest in good faith in accordance with statutory procedures all such taxes
and assessments so long as there is no material risk of forfeiture. In the event any real estate,
leasehold or similar taxes or assessments relating to the Stadium and/or the Site (other than
Stadium Taxes) are levied against or imposed on the Operator or the Stadium and/or the Site
resulting from the operation and use of the Stadium and/or the Site under this Agreement, the
Operator shall pay same but shall be entitled to offset and deduct the amount so paid from the Base
Fee otherwise payable under this Agreement.
4.2 Utility Charges
At its sole cost and expense, the Operator shall pay or cause to be paid all charges for gas,
water, sewer, electricity, telephone or other service or services furnished to the Stadium and/or
the Site during the Term of this Agreement. Each permitted user of the Stadium, including the
VBDA, the City and Schools shall, at its sole cost and expense, pay or cause to be paid all charges
for gas, water, sewer, electricity, telephone or other service or services furnished to the Stadium
and/or the Site during the Term of this Agreement to the extent that such charges relate to the use
of the Stadium and/or the Site by such permitted user, including, without limitation, use of the
Stadium and/or the Site pursuant to the provision of Sections 5.8 and 5.9 of this Agreement.
Nothing contained in this Section 4.2 shall imply that the Operator or the VBDA shall be required
to separately meter utility charges associated with their respective use of the Stadium and/or the
Site. In that regard, it is acknowledged that the Operator shall develop standard rates to reasonably
approximate the charges for services and utility usage for each use of the Stadium and/or the Site.
Such standard rates shall be presented to and approved by the VBDA prior to the beginning of each
Soccer Season.
5.0 OPERATION AND USE
5.1
Operation and Use of the Stadium
A. The Operator shall operate and use the Stadium pursuant to this Agreement primarily
as the locanon of its Club Home Games and other Soccer Events, including activities, events and
other uses incidental to or customarily related to the sport of soccer. In addition, the Operator may
also use the shell office space to be built as part of the Stadium (and built-out by the Operator)
for the Club's and the Stadium's administrative offices. If the Operator desires to use the office
space for any other purpose, additional fees shall be agreed upon prior to such use. Furthermore,
the Operator shall have the right to conduct Stadium Events as provided under Section 5.11 below.
Except as expressly permitted by the terms of this Agreement, neither the Stadium nor the Site
shall be otherwise operated or used without the prior written consent of the VBDA.
B. The Operator agrees to open the Stadium for business, fully-fixtured, staffed and
stocked within 30 days after the Commencement Date if the Commencement Date occurs on or
after March 15 and prior to May 15 of a particular calendar year. If the Commencement Date
occurs after May 15 of a particular calendar year, the Operator agrees to open the Stadium in the
manner required by the preceding sentence no later than 30 days prior to the beginning of the first
Soccer Season (determined in accordance with Section 2.2 of this Agreement). The Operator shall
have the right, but not the obligation, to commence operation of the Stadium prior to the date
required above.
13
C. The Operator shall use, or permit others to use, the Stadium and the Site only in the
manner for which it was designed and intended and will, subject to the provisions of Section 7 of
this Agreement, use and maintain the Stadium in accordance with (i) all maintenance and service
recommendations of the manufacturer of all furniture, equipment and fixtures used in connection
with the operation of the Stadium as are required to enforce warranty claims against the
manufacturer or which are otherwise established by the manufacturer as recommended operating
procedures, (ii) all applicable federal, state and local laws and regulations, (iii) customary and
prudent standards for the operation of similar stadium facilities, (iv) any requirements necessary
for the procurement and maintenance of any insurance policies required by Section 9 of this
Agreement, (v) actions necessary to keep the Stadium in good condition, excepting ordinary wear
and tear, damage by casualty and/or condemnation and those items for which the VBDA is
responsible as provided in Section 7.0 of this Agreement.
D. The Operator shall have the exclusive right to exhibit, promote, stage and hold Soccer
Events in the Stadium during the Term hereof, and retain all proceeds thereof, subject to the terms
of this Agreement.
5.2
Duties and Obligations of the Operator
In addition to its other duties and obligations hereunder and at its own cost and expense
throughout the term of this Agreement, the Operator shall:
A. Actively and diligently pursue obtaining a Major League Soccer franchise;
B. Pay the cost of all telephone service charges incurred in areas occupied by
Operator's personnel;
C. Keep clean all areas of the Stadium and the Site;
D. Mow, fertilize, seed, reseed, water and otherwise maintain the playing surface in
the Stadium;
E. Maintain and repair the scoreboard and public address systems and provide for any
replacement thereof or replacement parts therefor, maintain and repair all on-field equipment and
maintain and repair or cause all concessionaires to maintain and repair all equipment and fixtures
contained in or used about the concession areas;
F. Prepare and line the playing surface of the Stadium prior to each Soccer Event and,
as appropriate, Stadium Event and Community Service Event and, during such events, provide all
such grounds keeping and other field maintenance service and equipment as are appropriate to
14
maintain a quality soccer playing surface; however, notwithstanding any provision in this
Agreement to the contrary, the Operator shall only be required to provide one (1) employee to
cover both grounds keeping and maintenance under this Section 5 2 (F) and Section 5.2(I) below
during any Community Service Event unless the VBDA and the Operator otherwise agree prior to
such Community Service Event;
G. Secure or cause to be secured such permits, variances and licenses as may be
necessary or desirable for the Operator and any concessionaires to operate in the Stadium as is
contemplated by this Agreement;
H. Retain, employ, compensate, train and manage a sufficient number of personnel to
discharge its responsibilities and obligations under this Agreement;
I. Provide a sufficient maintenance crew for each professional soccer game, Stadium
Event and Community Service Event to handle emergency field repairs during such periods;
J. Provide or contract for the provision of suitable Concessions sales during all
professional soccer games and Stadium Events;
K. Provide all soccer equipment and any other furniture and equipment necessary for
professional soccer games (other than the spectator seats, lockers, benches, plumbing fixtures and
other locker room facilities and fixtures, sound system and other equipment to be provided by the
VBDA in accordance with the Parameters);
L. Subject to Section 7.2, ensure that the Club plays all of the Club's regular season
home games in the Stadium;
M. Obtain and maintain the insurance policies required to be obtained and maintained
by the Operator by this Agreement;
N. Provide equipment and furnishings for the team clubhouses and locker rooms,
manager's offices, referee's dressing rooms for all Soccer Events held by the Operator; and the
Operator's administrative offices (other than the lockers, benches, plumbing fixtures and other
locker room facilities and fixtures to be provided by the VBDA in accordance with the
Parameters);
O. During Club Home Games and Stadium Events initiated by the Operator, control
ingress and egress to and from the Stadium seating and service areas located near the Stadium,
adequately staff On-Site Parking and be responsible for the securing of such areas;
15
P. Provide at least two (2) security guards or uniformed police officers having arrest
powers at all professional soccer games and at Stadium Events initiated by the Operator;
Q. Be fully responsible for compliance with all rules and regulations relating to the
purchase and sale of alcoholic beverages during the term of this Agreement. The Operator shall
defend, indemnify and hold harmless the VBDA and the City from and against any and all claims,
liabilities and losses related to or arising out of the Operator's and/or any third party concessions
operator's negligence relating to the sale of alcoholic beverages at the Site. No alcoholic beverages
shall be sold or distributed in connection with any Community Service Event without the prior
written consent of the VBDA, the City and/or Schools as the case may be.
R. Maintain its status as a USISL DivisionlI professional soccer franchise or equivalent
or higher future designation available to the Club under governing soccer authorities; and
S. Use its reasonable skill and diligence and exercise sound business judgment in
operating the Stadium throughout the Term in a commercially reasonable manner; provided,
however, anything in this Agreement to the contrary notwithstanding, the Operator shall not use
or permit the Stadium to be used for any show, performance or event which could reasonably be
performed at the Amphitheater without the prior written consent of the VBDA.
5.3
Signs and Advertisin~
The location and size of all permanent signs which are placed or constructed on the Site
or the Stadium must receive the prior written approval of the VBDA and the City, not to be
unreasonably withheld or delayed, and must be in compliance with all applicable laws, ordinance,
rules and regulations governing the location and size of advertising signs, including zoning
ordinances and conditional use permits. All other signs used for advertising or sponsorships inside
or outside the Stadium shall be portable or constructed or affixed so that removal will not damage
the Stadium or the Site and shall be subject to removal if determined to be offensive, of poor
quality, in poor taste or otherwise inappropriate in the reasonable opinion of the VBDA or the
City. Anything contained herein to the contrary notwithstanding, it is hereby specifically agreed
and acknowledged that any sign displaying or advertising any alcoholic beverage or tobacco
product must be constructed so that it can be removed or completely covered from view, and it
shall be removed or completely covered from view, whenever the Stadium is to be used for a
Community Service Event involving the City or Schools.
5.4 Operation; Covenant Against Competition
The Operator shall use recognized modern business practices to provide efficient and
competent services to the public. The Operator shall not abandon the operation of the Stadium
during any Soccer Season (except as a result of casualty, condemnation and/or other reasons
outside the Operator's reasonable control as described in Section 17.3 of this Agreement). During
the Term of this Agreement, the Operator shall not, without the prior written consent of the
VBDA, sponsor, sell tickets for or otherwise promote, directly or indirectly, any professional
soccer game at any other facility or location within the Greater Hampton Roads metropolitan area
during any Soccer Season.
5.5
Handicapped Accessibility
The Operator shall operate the Stadium in such a manner as to assure that it complies fully
with all state, federal, and local standards for handicapped accessibility. By way of clarification,
it is hereby expressly acknowledged and agreed that the obligation contained in the immediately
preceding sentence shall in no way impose upon the Operator any contractual obligation to make
any design or construction changes to the Stadium to comply with any state, federal or local
standards for handicapped accessibility, it being agreed and acknowledged that the foregoing
provision relates solely to the manner in which the Stadium is operated and that the City and the
VBDA shall be responsible for the initial design and construction in accordance with such standards
and any subsequent changes required in connection therewith.
5.6
Traffic, Crowd Control and Cleanup
The Operator, at its expense, shall be responsible for cleanup of the Stadium and the Site,
reasonable crowd control, reasonable security and reasonable traffic control on the Site whenever
a Soccer Event, Stadium Event or other activity or event is held by the Operator at the Stadium.
The Operator shall also provide post-event cleanup services for the Stadium and the Site whenever
a Community Service Event is held at the Stadium. Unless the VBDA and the Operator otherwise
agree, the VBDA, the City and/or Schools, as the case may be, shall be responsible for reasonable
crowd control, reasonable security and reasonable traffic control and other operating services in
connection with any Community Service Event initiated by the VBDA, the City or Schools. The
Operator shall provide adequate trash collection and cleaning services to assure that the refuse of
the patrons of the Stadium does not litter any adjoining property, and the Operator shall use its
reasonable efforts to provide such temporary barriers and sufficient security personnel as are
17
reasonably necessary to prevent patrons attending a Soccer Event, Stadium Event or other activity
or event held by the Operator at the Stadium from parking on, walking on, or otherwise trespassing
upon adjoining properties, unless written permission for such activities is obtained from the owner
and operator of such adjoining properties.
5.7 Schedulin~
A. On or before April 1 of each calendar year, the Operator shall submit, for
informational purposes, to the VBDA its proposed schedule of regular season home games of the
Club for the upcoming Soccer Season insofar as the schedule may be known at that time. The
Operator shall inform the VBDA promptly of any changes in the proposed schedule of regular
season home games of the Club from time to time as they become known to the Operator. The
submissions required by this Section 5.7 are in no way intended to limit or prohibit the booking
by the Operator of other activities or events during the Soccer Season as dates and opportunities
become available, subject to the provisions of Sections 5.7 (B) and (C) below.
B. The VBDA shall be responsible for the scheduling of events and maintaining the
master schedule for the Stadium, and the VBDA will notify the Operator of all Community Service
Events desired to be scheduled. Events will be scheduled by the VBDA based on the following
order of priority. First priority will be given to the scheduling of all Club Home Games and all
preparation and promotional or other events related thereto. Second priority will be given to the
scheduling of Community Service Events and all preparation related thereto. Third Priority will
be given to all other Soccer Events and all preparation and promotional or other events related
thereto. Fourth priority will be given to Stadium Events to be held in accordance with Section
5.11 of this Agreement. The VBDA and the Operator agree to cooperate with each other to
resolve any scheduling conflicts.
C. The Operator and the VBDA agree to coordinate scheduling of events at the Stadium
with the schedule of events held at the Amphitheater to avoid conflicts to the greatest extent
possible subject to the following conditions:
(i) Provided at least twenty-two (22) days advance written notice of the date of
an evening concert is given to the Operator and the VBDA by the operator of the Amphitheater,
events scheduled to be held at the Stadium on the same date will be adjusted to conclude by 8:00
p.m. Events which are rescheduled at the Amphitheater due to acts of God, hurricanes, illness of
performer or other cause beyond the control of the operator of the Amphitheater shall be exempt
from such advance notice requirement, provided, however, the operator of the Amphitheater has
given notice (oral and written) to the Operator and the VBDA of the need for rescheduling as soon
as is reasonably possible.
(ii) On nights that an event is scheduled at the Amphitheater, high school band
performances at the Stadium must conclude by 8:00 p.m.
(iii) Soccer Events at the Stadium which are being covered or broadcast by major
sports television (including, but not limited to, the major television networks such as ABC, NBC,
CBS and Fox and cable television such as ESPN, Home Team Sports, "superstations", etc.) shall
not be required to be rescheduled pursuant to subsection (i) above.
(iv) Subject to subsection (ii) above, if the Operator and the VBDA have not
received notice of the scheduling of an Amphitheater event twenty-two (22) days prior to a given
date, the Operator and the VBDA shall be free to schedule events for such date in accordance with
this Agreement.
(v)
The provisions of subsections (i), (ii), (iii) and (iv) above and the need to
include any parking fees in ticket prices as provided under Section 1.1 (R) above, shall be re-
evaluated with the operator of the Amphitheater at the completion of the first Soccer Season to
determine whether adjustment or elimination is appropriate. The adjustment or elimination of any
of these provisions shall be subject to the mutual consent of the VBDA, the Operator and the
operator of the Amphitheater, which consent shall not be withheld unreasonably. In the event, the
parties cannot agree, however, the City, acting through the City Manager or his designee, shall
make the final determination.
5.8
VBDA/Schools/City Use
A. The Operator acknowledges and agrees that the VBDA, Schools and/or the City,
shall have the right to use the Stadium and/or the Site from time to time for Community Service
Events, free of any Fee, in accordance with this Section 5.8 and Section 5.9, subject, however,
to the rights of the Operator under this Agreement, and provided that such dates do not conflict
with a Club Home Game or conflict with other Soccer Events approved by the VBDA in
accordance with Section 5.7, or maintenance or work on such requested date in preparation for
such game, activity or event.
B. When the VBDA, Schools and/or the City uses the Stadium and/or the Site pursuant
to this Section 5.8, it shall be obligated to pay to the Operator only an amount sufficient to
reimburse the Operator for actual and reasonable expenses incurred for operating the Stadium
and/or the Site in connection with such activity or event in accordance with the standard user
agreement required by Section 5.15 and the cost to repair any damage to the Stadium and/or the
Site caused during such activity or event not covered by insurance. The Operator shall have no
obligation to provide any such services except as otherwise provided in this Agreement.
C. The VBDA, Schools and/or the City, as the case may be, will be entitled to receive
and retain all net income (after payment of concessionaires, vendors, artists, advertisers and other
costs associated with the production and promotion of a Community Service Event), if any,
generated from the Community Service Events presented by the VBDA, the City and/or Schools
pursuant to this Section 5.8 after paying to the Operator the expenses determined as set out in this
Section; provided, however, that any share of proceeds received by concessionaires, subtenants or
others utilized for such activities and events which are payable to the Operator pursuant to separate
agreements between the Operator and such parties shall be paid to the Operator. To the extent the
Operator may elect to inform the VBDA, Schools and/or the City, as the case may be, of its third
party arrangements and provide copies of those agreements on request, the VBDA, Schools and/or
the City, as the case may be, shall abide by (but shall not assume or otherwise become obligated
to any third party in respect of) the exclusive rights and other provisions contained ~n such
agreements.
D. Immediately following any Community Service Event, any damage done to the
playing field, other than normal wear and tear as provided in Section 5.15, as a result of such
Community Service Event shall be repaired and the field restored to its condition existing prior to
such Community Service Event by the Operator at the expense of the VBDA, the City and/or
Schools, as the case may be. Immediately following any Community Service Event, any damage
done to any other part of the Stadium or the Site, other than normal wear and tear as provided in
Section 5.15, as a result of such Community Service Event, shall be repaired and restored to its
condition existing prior to such Community Service Event, at the expense of the VBDA, the City
or Schools, as the case may be. The Operator shall be entitled to reimbursement by the VBDA,
Schools and/or the City, as the case may be, for all expenses actually incurred by the Operator in
providing for such use of the Stadium and/or the Site.
20
5.9 Non-Gated Use
In addition to the events described in Section 5.8 hereof, the Operator agrees that the
VBDA, Schools and/or the City may use the Stadium or a portion thereof for non-gated, non-profit
events by providing at least fifteen (15) days advance written request to the Operator; provided,
however, that if the Operator has otherwise scheduled or is then currently expecting to schedule
an activity or event for the Stadium or otherwise has contracted with others for the use of the
Stadium or such portion thereof for such time as the VBDA, Schools and/or the City shall have
requested use of the Stadium or such portion thereof pursuant to this Section 5.9, or such use
would otherwise interfere with set-ups, maintenance or other activities planned by the Operator,
then the VBDA, Schools and/or the City shall not be entitled to use the Stadium for such non-
gated, non-profit event. All activities and events presented pursuant to this Section 5.9 shall in all
other respects be governed by the provisions of subsections (B) and (E) of Section 5.8.
5.10 Concessionaire
If any food, beverage or other Concessions are to be sold at any activity or event to be held
at the Stadium pursuant to the provisions of Sections 5.8 or 5.9 of this Agreement, then no third
party professional vendor or concessionaire may be used without the prior written consent of the
Operator (which consent may be withheld for any reason whatsoever), other than the professional
vendors or concessionaires which provide services at the events and performances presented by the
Operator at the Stadium. In no event may the concession and vending equipment owned by the
Operator or the Operator's concessionaires or vendors be used in connection with the sale or
dispensing of any food, beverage or merchandise at any activity or event held at the Stadium
pursuant to Sections 5.8 or 5.9 of this Agreement without the express consent of the owner of such
equipment. The VBDA, the City and/or Schools may sell concessions using its/their own
equipment at all Community Service Events. Furthermore, neither the Operator nor its
concessionaire shall be obligated to provide Concessions at any Community Service Events. If any
agreement between the Operator and any such vendors or concessionaires or any sponsor of the
Stadium provides that such vendors or concessionaires are entitled to provide services or enjoy
promotional rights at all events and performances at the Stadium and the Operator provides copies
thereof to the VBDA on request, then the VBDA shall abide by (but shall not assume or otherwise
become obligated to any third party in respect of) such rights in all cases except for Community
Service Events involving Schools. The Operator and/or its concessionaires shall have the exclusive
21
right to provide Concessions for all professional soccer games, other Soccer Events and all Stadium
Events.
5.11 Stadium Events
The Operator and the VBDA shall have the right to promote and hold Stadium Events at
the Stadium in accordance with this Section 5.11. The Operator and the VBDA shall mutually
approve all Stadium Events (such approval not to be unreasonably withheld) and shall share equally
in On-Site Parking Revenues for Stadium Events. Unless otherwise agreed to by the City's
Director of Economic Development on a per event basis, in addition to all other Fees payable
under this Agreement, the VBDA shall receive fifteen percent 15 % of the gross revenues generated
from the sale of tickets for all Stadium Events. All Stadium Events shall be scheduled by the
VBDA in accordance with the provisions of Section 5.7 of this Agreement.
5.12 Broadcasting Rights
The Operator shall have the exclusive Broadcasting Rights to all Soccer Events. The
Operator shall exercise such rights at such times and in such manner as the Operator shall consider
appropriate. The Operator and the VBDA shall jointly hold all Broadcasting Rights to any Stadium
Events, and the VBDA, the City and/or Schools shall have the exclusive Broadcasting Rights to
any Community Service Events.
5.13 Scoreboard and Public Address System
At its sole cost and expense, the Operator shall supply a public address announcer and a
sufficient number of personnel to operate the scoreboards at all professional soccer games and
other activities or events which require the use of the scoreboards other than Community Service
Events initiated by the VBDA, the City or Schools. The Operator shall have the right to approve
any operator of the Stadium scoreboards not provided by the Operator and will provide any
necessary training.
5.14 Name
The Stadium shall initially be known as "Virginia Beach Stadium." The VBDA and the
City reserve the right to make a municipally-oriented name change without the Operator's consent.
The Operator and the VBDA with the consent of the City shall have the right to approve any
commercial name designation with each party to receive 50 % of the revenues generated from the
sale thereof. Unless otherwise agreed to by the City, the name of the City will be featured as a
prominent part of the name of the Stadium.
9.2
5.15 User Agreements
The Operator shall require each user of the Stadium other than the Operator, to execute a
standard agreement which has been approved by the City Attorney and the VBDA and which shall
provide specifically for the following:
A. Adequate liability insurance coverage for personal injury and property damage.
B. Standard charges for utilities, playing surface preparation (if any), cleaning,
security, grounds and house staff, insurance and the normal wear and tear arising from the use of
the Stadium and the playing surface and other services that may be provided by the Operator at
the user's option.
C. Assumption by such user of responsibility for damage to the Stadium and the playing
surface beyond normal wear and tear.
D. The ability of the Operator with the concurrence of the VBDA to cancel any event
due to inclement weather conditions when, in the opinion of the Operator, the performance of such
event would result in excessive damage to the playing surface.
It is contemplated that the Operator (with the approval of the VBDA) will annually establish
standard user fees (which will include charges to cover the Operator's actual and reasonable
expenses relating to normal wear and tear arising from a given use, normal utilities, normal
insurance costs, event grounds keeping crews and post-event janitorial cleanup) for events to be
held in the Stadium. The Operator (with the approval of the VBDA) will also annually establish
a schedule of standard fees for additional services that may be prowded by the Operator (such as
parking lot, security, ticket taking and crowd control personnel and field preparation and lining)
and excess utility consumption. Excess insurance charges will be determined on a per event basis.
These standard charges shall be incorporated into the user agreement to be executed by each user
of the Stadium other than the Operator.
5.16 Incompatible Events
The Operator with the concurrence of the VBDA shall have the right to refuse events which
are incompatible with the intended purposes and physical layout of the Stadium or which by the
inherent nature of the event may be destructive to the Stadium or the playing surface.
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6.0 CONSTRUCTION BY OPERATOR
6.1
Operator's Right to Build
The Operator shall have no right to erect, maintain, alter, remodel, reconstruct, rebuild,
replace or remove any building or other improvements on the Stadium Site or to correct or change
the contour thereof without the prior written consent of the VBDA, which consent may be withheld
in the VBDA's sole discretion.
6.2
Operator's Furniture, Fixtures & Improvements
The Operator shall have the right at any time and from time to time during the term of this
Agreement to install in or upon the Stadium, furniture, movable trade fixtures, and equipment and
make repairs thereto and additions thereto. Any furniture, movable trade fixtures and equipment
which will be attached or affixed to any portion of the Stadium shall require the consent of the
VBDA, which consent shall not be withheld unreasonably, prior to installation. All such furniture,
movable trade fixtures and equipment shall be and remain the property of the Operator during the
Term of this Agreement, and the Operator shall bear all cost, loss, and expense for any casualty
or theft risk in connection with such furniture, movable trade fixtures, and equipment. Upon the
termination or expirauon of this Agreement, all such furniture, movable trade fixtures and
equipment shall be removed by the Operator, and any damages to the Stadium caused by such
removal shall be the responsibility of the Operator. To the extent any such property remains at
the Site for more than 15 days after the termination or expiration of this Agreement, such property
may be retained, removed or sold by the VBDA without liability to the Operator.
6.3
VBDA's Right to Inspect
The VBDA and the City shall have the right to inspect the Stadium and the Site at all
reasonable times so long as such inspections do not limit or interfere with the presentation or
preparation for presentation of any activity or event at the Stadium or the Site.
7.0 REPAIRS AND RESTORATION
7.1
Maintenance and Repair
The obligation to cause the Stadium and the Site to be maintained and repaired shall be
borne by the Operator and the VBDA in accordance with the following provisions:
A. The Operator shall be responsible, at its sole cost and expense except as otherwise
provided herein, for all maintenance, repair and upkeep as may be necessary to maintain all
24
driveways and other vehicular approaches used in connection with and located within the Site in
a good state of appearance and repair, reasonable wear and tear excepted.
B. The Operator shall be responsible, at its sole cost and expense except as otherwise
provided herein, for (i) all normal and routine day-to-day maintenance, cleaning, seeding, sodding,
landscaping, painting and repair work with respect to the Stadium, (ii) all repairs and replacements
of furniture, equipment and trade fixtures located at the Site, and (iii) all repairs to the Stadium.
C. While the Operator shall be responsible for making arrangements for the
accomplishment and shall initially bear the expense of the same, the VBDA shall be responsible
for the cost and expense for all repairs and replacements of the Stadium, other than those capital
improvements which are the Operator's responsibility under Section 7. I(D) of this Agreement and
repairs and replacements that are required as a result of Operator's breach of its obligations under
this Agreement. The Operator shall bear the cost of maintenance and upkeep of the Stadium and
the Site, but the VBDA shall be responsible for the cost of repairs or, if reasonably necessary,
replacements of the Stadium and its components to the extent that such repairs and replacements
are not covered by the insurance required to be carried pursuant to Section 9.1 of this Agreement.
D. In connection with any capital improvements to the Stadium or the Site, the VBDA
and the Operator shall mutually approve each year an annual budget for capital improvements (i.e.,
improvements or additions to the Stadium or the Site) and assign responsibilities therefore in a
manner consistent with the provisions of this Section 7.1.
7.2
Damage or Destruction
In the event the Stadium is damaged or destroyed from any casualty, to the extent of
available insurance proceeds, the VBDA shall repair the damage and restore the Stadium to the
extent reasonable and practical under the circumstances then existing; provided, however, the
VBDA shall not be required to so repair and restore the Stadium and shall be entitled to terminate
this Agreement by giving written notice to the Operator within thirty (30) days after the date of
the damage or destruction in the event (i) the Stadium is damaged or destroyed from any casualty
of a type then generally excluded from conventional all risk property insurance and as a result, no
insurance proceeds are available, or if coverage exists but, in the reasonable estimation of the
VBDA and the Operator, acting jointly, there is an insufficient amount of insurance proceeds
available to permit adequate reconstruction and repair of the Stadium and, in either event, the
VBDA does not agree to provide sufficient funds to cover the amount of the deficiency, or (ii) such
25
damage or destruction exceeds fifty percent (50%) of the insurable value of the Stadium and occurs
during the last two (2) years of the Term of this Agreement. The Operator shall have the right to
terminate this Agreement by giving written notice to the VBDA within thirty (30) days after the
date of the damage or destruction in the event such damage or destruction exceeds fifty percent
(50%) of the insurable value of the Stadium and occurs during the last two (2) years of the Term
of this Agreement. If the Operator is unable to hold any Club Home Games at the Stadium due
to such damage or destruction, the VBDA and the City will cooperate with the Operator to locate
suitable substitute facilities. The VBDA shall be entitled to all of the insurance proceeds payable
by reason of any such damage or destruction to the Stadium, subject to its restoration obligations
above. In case of a casualty to the Stadium resulting in damage or destruction, the Operator will
immediately give written notice thereof to the VBDA.
7.3 Condemnation
A. If all or substantially all of the Stadium and/or the Site shall be taken in condemnation
proceedings, this Agreement shall terminate as of the taking and the Fees due hereunder from the
Operator to the VBDA shall be paid to the date of such taking, but such termination shall not affect
the Operator's right to pursue an award from the condemning authority for such taking. For
purposes of this Section 7.3, "substantially all of the Stadium and/or the Site" shall be deemed to
have been taken if the untaken portion cannot be practically and economically used or converted
for use by the Operator, in the Operator's reasonable opinion, for the purposes for which the
Stadium is being used immediately prior to such taking.
B. If less than "substantially all of the Stadium and/or the Site" is taken in condemnation
proceedings, this Agreement shall remain in effect as to that part of the Stadium and/or the Site
not taken and the Base Fee shall be equitably abated based on the affect of such taking on the use
and operation of the Stadium and the Site.
C. In the event of any taking, each party shall be entitled to receive a portion of the
award made by the condemning authority based on the parties' relative interests in the portion of
the Stadium and/or Site subject to the taking.
8.0 TITLE IMPEDIMENTS
8.1 Prohibitions
The Operator shall not at any time suffer or permit any mechanic's hens or other liens to
be filed against the VBDA's interest in the Stadium or the Site by reason of any work, labor,
services, or materials supplied or claimed to have been supplied to the Operator or anyone holding
the Stadium or the Site, or any part thereof, through or under the Operator. The Operator will not
in any way cloud the title to the Stadium or the Site, or any part thereof, and will promptly pay
and discharge any and all debts contracted by the Operator in reference thereto for labor, material,
or services, to the end that no liens shall attach to the VBDA's interest in the Stadium or the Site
as a result of the acts or omissions of the Operator.
8.2
Removal of Liens
If any mechanic's or materialman's lien or any other lien prohibited by Section 8.1 of this
Agreement shall be recorded against the Stadium or the Site, or any part thereof, at its sole cost
and expense, and within sixty (60) days after the filing thereof, the Operator shall cause the same
to be removed or bonded. In any event, the Operator shall be entitled to do so but in such a case
the Operator hereby agrees to indemnify and hold harmless the VBDA from and against all liability
of a judgment or foreclosure upon such lien, and to cause the same to be discharged and removed
prior to the execution of such judgment.
9.0 INSURANCE
9.1
Insurance Coverage
A. During the Interim Term, the VBDA shall maintain builder's risk insurance
providing full replacement cost coverage during all periods of construction of the Stadium and
related facilities.
B. During the Term of this Agreement, at the sole cost and expense of the Operator,
the VBDA shall carry and maintain for the mutual benefit of the VBDA and the Operator (naming
the VBDA and the Operator as loss payees as their interests may appear) such policy of hazard and
property damage insurance insuring the Stadium and all improvements at any time located upon
the Site and all additions, alterations and improvements to the same, as is customarily carried with
respect to similar multi-purpose stadium facilities as mutually agreed upon by the VBDA and the
Operator in their reasonable discretion. The Stadium and related structures shall be insured for
27
100 % of the replacement cost of all improvements located thereon, with no co-insurance provisions
permitted.
C. The Operator shall have the option to receive separate bids for the insurance
required by Section 9.1 (B) above and to submit same to the VBDA for approval; provided, such
insurance shall be written with a company authorized to engage in the business of casualty
insurance in the Commonwealth of Virginia and approved in writing by the VBDA, which approval
will not be unreasonably withheld or delayed. Any insurance company authorized to engage in
business in the Commonwealth of Virginia and having an A. M. Best rating of at least A/VIII shall
be deemed to be acceptable to the VBDA.
D. The Operator shall be responsible for any insurance on its furniture, movable trade
fixtures, and equipment. However, the Operator shall not be required to insure such furniture,
movable trade fixtures and equipment, and, if the Operator elects to insure such property, the
VBDA shall not be loss payee thereof.
9.2
Liability Insurance
At all times during the Term of this Agreement, the Operator shall procure and maintain
in full force and effect, commercial general liability insurance, insuring the Operator against any
and all claims, actions, causes of actions, costs and expenses for or on account of any loss of,
injury to or destruction of any person or property, caused by or resulting from any act or omission
occurring on or about the Stadium or the Site or growing out of the Operator's use and occupancy
of the Stadium or the Site with limits of at least Five Millions Dollars ($5,000,000) combined
single limit per occurrence. The Operator shall be permitted to provide the $5,000,000 liability
insurance coverage required in the preceding sentence through a combination of base and umbrella
liability insurance policies. Such insurance shall be written with a company acceptable to the
VBDA, in its reasonable discretion, and authorized to engage in the business of general liability
insurance in the Commonwealth of Virginia and shall name the VBDA and the City as additional
insurers thereunder. The VBDA, the City and/or Schools shall maintain liability insurance for all
Community Service Events providing the same coverage to be provided by Operator above, and
Operator shall be named as an additional insured under all such policies. The Operator
acknowledges, however, that the VBDA, the City and/or Schools may participate in or establish
a program or programs of self-insurance in satisfaction of the requirements of the preceding
sentence and Section 9.3 below.
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9.3 Certificates; Notice of Cancellation
The Operator shall provide the VBDA and the City w~th current certificates of the insurance
required by Sections 9.1 and 9.2, and shall also provide the VBDA and the City with paid receipts
or other evidence satisfactory to the VBDA and the City indicating payment of the premiums for
such insurance policy or policies at least fourteen (14) days prior to the expiration of the policy
or policies of insurance. Each insurance policy or certificate issued by the insurer shall name the
City and the VBDA as additional insureds and shall contain an agreement by the insurer that such
policy shall not be cancelled or materially modified without at least thirty (30) days prior written
notice to the VBDA and the City and that any loss which shall be payable to or on behalf of the
VBDA or the City as provided herein shall be so payable notwithstanding any act or negligence
of the Operator which might otherwise result in a forfeiture of all or a part of such insurance. The
VBDA, the City and/or Schools shall provide similar certificates and notice requirements with
respect to their liability insurance policies under Section 9.2 above.
9.4 Indemnification
A. The Operator covenants and agrees that it will indemnify, defend, and hold the
VBDA harmless against and from all claims, losses, costs, damages or expenses arising out of or
from any accident or other occurrence occurring on or about the Stadium or the Site on account
of the Operator's (or Operator's, employee's, agent's, licensee's or concessionaire's) negligence,
gross negligence or willful misconduct while the Operator is in control of the use and operation
of the Stadium. The Operator also covenants and agrees that it will indemnify, defend and hold
the VBDA harmless against and from any and all claims and against any and all losses, costs,
damages or expenses arising out of any failure of the Operator in any respect to comply with and
perform all the material requirements and material provisions of this Agreement.
B. The VBDA covenants and agrees that, to the extent permitted by law, it will
indemnify, defend and hold the Operator harmless against and from all claims, losses, costs,
damages or expenses arising out of or from any accident or other occurrence occurring on or about
the Stadium or the Site on account of the negligence, gross negligence or willful misconduct of the
VBDA, the City and/or Schools (or the VBDA's, the City's and/or Schools' employees, agents,
licensees or concessionaires) while the VBDA, the City and/or Schools are using the Stadium for
Community Service Events.
29
C. The Operator and the VBDA agree that neither the VBDA nor the City shall have
any responsibility or liability whatsoever with respect to any loss or theft of or damage to the
personal property of the Operator, its employees and players, players for opposing teams, referees,
concessionaires, employees and agents of concessionaires, Stadium attendees, and others, except
to the extent that any such loss, theft or damage shall be shown to have been caused by the act,
or failure to act, of the VBDA or the City, its employees or its agents. The Operator agrees to
indemnify and hold harmless the VBDA and the City, and their respective officials, employees and
agents with respect to any claim or liability for loss or theft of or damage to personal property of
any of the foregoing described persons, except to the extent that such loss, theft, or damage shall
be shown to have arisen from the act of the VBDA or the City, or their respective employees or
agents.
(D) The VBDA, the City and/or Schools agree that, the Operator shall have no
responsibility or liability whatsoever with respect to any loss or theft or damage to the personal
property of the VBDA, the City and/or Schools or their employees and players, referees,
concessionaires, employees and agents of concessionaires, Stadium attendees and others, except
to the extent that any such loss, theft or damage shall be shown to have been caused by the act,
or failure to act, of the Operator, its employees or its agents. The VBDA agrees, to the extent
permitted by law, to indemnify and hold harmless the Operator and its officers, employees and
agents with respect to any claim or liability for loss or theft of or damage to personal property of
any of the foregoing described persons, except to the extent that such loss, theft or damage shall
be shown to have arisen from the act of the Operator or its employees or agents.
10.0 ASSIGNMENT
Right to Assign
The VBDA may convey, transfer or assign its leasehold estate in the Site and assign its
right, title and interest in this Agreement, in whole or in part without the prior consent of the
Operator, provided that any such conveyance, transfer or assignment shall be subject to the
Operator's rights under this Agreement.
Except as otherwise provided in this Agreement, the Operator shall not assign this
Agreement or its right, title or interest in this Agreement in whole or in part to any person without
the prior written consent of the VBDA and the City. The foregoing shall not be deemed to restrict
30
or limit the Operator's rights to hold Soccer Events and Stadium Events at the Stadium in
accordance with the terms of this Agreement. In the event of any such assignment, the Operator
·
and any guarantors of this Agreement shall remain fully liable for all covenants and obligations
under this Agreement binding upon the Operator, unless expressly released in writing by the
VBDA.
11.0 DEFAULT
11.1 Default by Operator
Each of the following events shall constitute a default (an "Event of Default") by the
Operator:
A. If the Operator shall fail to pay any Fees when due to the VBDA from the Operator
pursuant to this Agreement and such default shall continue unremedied for fifteen (15) days after
the Operator's receipt of written notice from the VBDA; or
B. If the Operator shall fail to maintain insurance as required by Section 9 of this
Agreement and shall not promptly and with all due diligence remedy such situation following
receipt of written notice thereof from the VBDA; or
C. If the Operator shall assign its interest in this Agreement without the prior written
consent of the VBDA, except as permitted under this Agreement and such transaction is not
rescinded within thirty (30) days after Operator's receipt of written notice from the VBDA alleging
such violation; or
D. If the Operator shall fail to maintain a Letter of Credit or cash as a security deposit
as required by Section 3.6 of this Agreement and such failure is not remedied within fifteen (15)
days after Operator's receipt of written notice thereof from the VBDA; or
E. If the Operator or the Club breaches or fails or refuses to perform or comply with
any other term, condition or covenant contained in this Agreement and such default shall continue
unremedied for 30 days after written notice from the VBDA to the Operator or such longer period
as may be permitted under Section 11.2 of this Agreement; or
F. If the Operator or the Club shall (i) admit in writing its inability to pay its debts
generally as they become due, (ii) commence, file or consent by answer or otherwise to the filing
against it of a proceeding or a petition for relief or reorganization or arrangement or any other
petition in bankruptcy, for liquidation or to take advantage of any bankruptcy or insolvency law
31
in any jurisdiction, (iii) make a general assignment for the benefit of its creditors, or (iv) consent
to the appointment of a custodian, receiver, trustee or other officer with similar powers with
respect to itself or with respect to any substantial part of its property; and any such matter under
this Section 11 (F) is not terminated or dismissed within sixty (60) days thereafter; or
G. If a court of competent jurisdiction shall enter an order appointing, without the
consent of the Operator or the Club, as the case may be, a custodian, receiver, trustee or other
officer with similar powers with respect to the Stadium or with respect to any substantial part of
the Operator's or the Club's property, or constituting an order for relief or approving a petition
for relief or reorganization or any other petition in bankruptcy or for liquidation or to take
advantage of any bankruptcy or insolvency law of any jurisdiction, or ordering the dissolution,
winding-up or liquidation of the Operator or the Club, and such order is not dismissed within sixty
(60) days; or
Ho
If any petition, case or proceeding for any relief specified in the foregoing Section
11.1 (G) hereof shall be filed against the Operator or the Club and such petition shall not be
dismissed within 60 days; or
I. If the Club (i) relocates its operations or its home games to another location except
as may be permitted hereunder or (ii) fails to maintain its status as a USISL Division II
professional soccer franchise or equivalent or higher future designation available to the Club under
governing soccer authorities.
11.2
Additional Time to Cure Certain Defaults
If a default of the type referred to in Section 11.1 (E) cannot with due diligence be cured
within a 30 day period, and prior to the expiration of such 30-day cure period, the Operator
commences to eliminate the cause of such default and diligently pursues same to its reasonable
comlSletion, then such action shall constitute a cure of such default.
11.3
Remedies Upon Operator Default
If, at the expiration of any period for cure set forth in Section 11.1 (or Section 11.2, if
applicable), if any, the Operator has failed or refused to cure any default specified in Section 11.1,
at its option, the VBDA may declare this Agreement to be in default, and at any time thereafter
(unless all defaults have been cured) the VBDA may exercise one or more of the following
remedies, as the VBDA in its sole discretion may elect:
32
A. The VBDA may (i) demand that the Operator, and thereupon the Operator shall at
the Operator's expense, return possession of the Stadium and the Site promptly to the VBDA in
the manner and condition required by, and otherwise in accordance with the provisions of Section
5 of this Agreement and (ii) without prejudice to any other remedy which the VBDA may have for
possession of the Stadium and the Site or arrearages in Fees, take all action required to enable the
VBDA to enter upon the Stadium and the Site and take possession (to the exclusion of the
Operator) of the Stadium and the Site and expel or remove the Operator and any other person who
may be occupying the Stadium or the Site, or any part thereof, all without liability to the Operator
or any other person for or by reason of such entry or taking of possession, whether for the
restoration of damaged property caused by such taking or otherwise;
B. The VBDA may sell the Stadium or the Site or any part thereof, at a public or
private sale, conducted in accordance with applicable law, as the VBDA may determine, free and
clear of any rights of the Operator therein and without any duty to account to the Operator with
respect to such sale or the proceeds thereof, in which event the Operator's obligation to pay Fees
for periods commencing after the date of such sale shall terminate;
C. The VBDA may elect to retake possession of the Stadium and the Site and, if the
VBDA desires, lease the same (or any part thereof) or enter into any operating and use agreement
with another party for the benefit of the Operator without terminating this Agreement, in which
case, the Operator will be liable for and will pay to the VBDA all amounts required to be paid by
the Operator during the remainder of the Term of this Agreement as such amounts accrue
hereunder until the expiration of the Term of this Agreement, diminished by any net sums received
by the VBDA through leasing the Stadium and the Site or entering into another agreement during
such period (after deducting expenses incurred by the VBDA in connection with such lease or
agreement); and any excess Fees or other amounts obtained by such lease or agreement over and
above the amount for which the Operator would otherwise be liable hereunder shall be applied
against future obligations of the Operator under this Agreement, but in no event shall the Operator
be entitled to receive payment of any such excess (it being understood and agreed that actions to
collect amounts due by the Operator as provided in this Section 11.3 (C) may be brought from time
to time on one or more occasions, without the necessity of the VBDA waiting until expiration of
the Term of this Agreement);
33
D. The VBDA may rescind or terminate this Agreement; provided, however, (i) no
reentry or taking of possession of the Stadium or the Site by VBDA will be construed as an
election on the VBDA's part to terminate this Agreement unless a written notice of such intention
is given to the Operator, (ii) notwithstanding any reletting, reentry or taking of possession, the
VBDA may at any time thereafter elect to terminate this Agreement for a continuing default, and
(iii) no act or omission by the VBDA or any of its agents, representatives or employees shall be
deemed an acceptance of a surrender of the Stadium or the Site, and no agreement accepting a
surrender thereof shall be valid unless the same shall be made in a writing signed by a duly
authorized officer of the VBDA;
E. In the event that this Agreement is terminated or in the event that the VBDA elects
to exercise its remedies pursuant to Section 11.3 (C) or (D) above, the VBDA shall have no
obligation to mitigate its damages, but in the event of leasing, the VBDA may lease the whole or
any portion of the Stadium or the Site for any period, to any person, and for any amount, use and
purpose;
F,
The VBDA may proceed by appropriate court action to specifically enforce the
terms of this Agreement and/or to recover damages for the breach hereof; or
G. The VBDA may exercise any other right or remedy that may be available to it under
applicable law.
The Operator shall be liable for any and all unpaid Fees due hereunder before, after or
during the exercise of any of the foregoing remedies. No remedy of the VBDA under this
Agreement is intended to be exclusive, but each shall be cumulative and in addition to any other
remedy provided thereunder or otherwise available to the VBDA at law or in equity. No action
or omission by the VBDA shall constitute an implied waiver of any Operator default.
12.0 SIJRRENDER OF STADIUM
12.1
Peaceful Surrender
The Operator agrees that, upon termination of this Agreement, title to all personal property
and movable trade fixtures of the Operator on the Site which are not removed as required by
Section 6.2 of this Agreement shall vest in the VBDA without the necessity of any action by the
VBDA or any deed, contract or other relinquishment of title by the Operator.
34
Upon the expiration of the Term of this Agreement or sooner termination of this Agreement
in accordance with the provisions hereof, the Operator will quietly and peacefully surrender to the
VBDA the Stadium, the Site and all improvements and fixtures thereon.
13.0 RIGHT TO PERFORM OTHER PARTY'S COVENANTS
13.1
Right to Perform Covenants
Each of the parties hereto shall have the right at any time, if the other party has failed to
commence to remedy the situation within thirty (30) days after notice to the other party hereto and
thereafter failed to diligently prosecute such remedy to completion (or without notice in case of an
emergency or in the case of the lapse of any insurance coverage required by this Agreement), to
make any payment or perform any act required by such other party by any provision of this
Agreement, and in exercising such right, to enter upon the Site and ~ncur necessary and incidental
costs and expenses. Nothing herein shall imply any obligation on the part of either party hereto
to make any payment or perform any act required of the other party hereto and the exercise of the
right to do so shall not constitute a release of any obligation or a waiver of any default.
13.2 Reimbursement
All payments made and all reasonable costs and expenses incurred in connection with any
exercise of the rights referred to in Section 13.1 shall be reimbursed by the responsible party
within ten (10) days after request for such payment.
14.0 SETOFF, ABATEMENT, ETC.
At the time of the payment of the April 15 installment of Base Fee and the October 30
installment of Base Fee and payment of Percentage Fees each year, the Operator and the VBDA
shall conduct an accounting with respect to sums owed by one party to the other, and the Operator
shall be entitled to offset against such Base Fee installments and payment of Percentage Fees all
sums due from the VBDA, the City and/or Schools and not paid as of the date of the Operator's
payment of Base Fee and/or Percentage Fees. The Operator shall further be entitled to offset any
sums due to the Operator under Section 13.2 not paid by the VBDA within thirty (30) days after
receipt of an itemized billing therefor, any final judgment obtained against the VBDA, the City
and/or Schools and any sums payable by the VBDA, the City and/or Schools pursuant to the terms
of this Agreement but not appropriated as provided in Section 17.15 of this Agreement below.
35
15.0 QUIET ENJOYMENT
After the Commencement Date, and so long as the Operator is not in default hereunder
beyond any applicable grace or cure period, the VBDA hereby warrants and represents to the
Operator the quiet enjoyment, peaceful possession and use of the Stadium and the Site for its
intended purpose in accordance with and subject to the terms, conditions and provisions contained
in this Agreement.
16.0 CERTAIN COVENANTS REGARDING GROUND LEASE
The VBDA shall give prompt written notice to the Operator in the event of the occurrence
of any "Event of Default" under the Ground Lease. So long as this Agreement remains in effect,
the VBDA shall not agree to any termination or modification of the term of the Ground Lease
without the prior written consent of the Operator. As a condition to the Operator's obligations
under this Agreement, the VBDA shall deliver a fully executed recognition agreement from the
City in the form attached to this Agreement as Exhibit C.
17.0 GENERAL PROVISIONS
17.1
No Waiver of Breach
No failure by either the VBDA or the Operator to insist upon the strict performance by the
other of any covenant, agreement, term or condition of this Agreement or to exercise any right or
remedy consequent upon a breach thereof, shall constitute a waiver of any such breach or of such
covenant, agreement, term or condition. No waiver of any breach shall affect or alter this
Agreement, but each and every covenant, condition, agreement and term of this Agreement shall
continue in full force and effect with respect to any other than existing or subsequent breach.
17.2
Nondiscrimination
Dunng the performance of this Agreement, the Operator agrees as follows:
A. The Operator will not discriminate against any employee or applicant for
employment because of race, religion, color, sex or national origin, except where religion, sex or
national origin is a bona fide occupational qualification/consideration reasonably necessary to the
normal operation of the Operator. The Operator agrees to post in conspicuous places, available
to employees and applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
36
B. In all solicitations or advertisements for employees placed by or on behalf of the
Operator, the Operator will state that such Operator is an equal opportunity employer.
C. Notices, advertisements and solicitations placed in accordance with federal law, rule
or regulation shall be deemed sufficient for the purpose of meeting the requirements herein.
The Operator will include provisions of the foregoing Section 17.2 (A), (B) and (C) in
every subcontract or purchase order of over ten thousand dollars ($10,000.00), so that the
provisions will be binding upon such subcontractor or vendor.
17.3
Unavoidable Delay
If either party shall be delayed or prevented from the performance of any act required by
this Agreement by reason of acts of God, casualty, condemnation, strikes, lockouts, labor troubles,
inability to procure materials, restrictive governmental laws or regulations or other cause, without
fault and beyond the reasonable control of the party obligated, 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, nothing in this
section shall excuse either party from the prompt payment of any Fee or other sums due hereunder,
except as otherwise provided in this Agreement.
17.4 Binding Effect
Subject to the provisions of Section 10 of this Agreement, each and all of the covenants,
conditions and restrictions in this Agreement shall inure to the benefit of and shall be binding upon
the VBDA and the Operator and their respective permitted assignees, transferees, and other
successors in interest.
17.5
Entire Agreement
This Agreement contains the entire understanding of the parties with respect to the matters
covered by this Agreement and no conflicting agreement, statement, or promise made by any party
or to any employee, officer, or agent of any party which is not contained in this Agreement shall
be binding or valid.
17.6 Amendments
This Agreement may be modified only by a writing signed by both the VBDA and the
Operator. The VBDA and the Operator hereby agree to meet each calendar year after the
conclusion of the Soccer Season and prior to December 31 of each year, to discuss the operation
of the Stadium and any problems, and will reduce any agreement to writing as an addendum to this
37
Agreement; provided however, the provisions of this Section 17.6 shall in no way imply that either
party hereto is under any compulsion to enter into any amendment to this Agreement unless it
freely, willingly and voluntarily enters into such amendment.
17.7
Partial Invalidity
If any term, condition or provision of this Agreement or the application thereof to any
person or circumstance shall to any extent be held invalid or unenforceable by a court of competent
jurisdiction, the other provisions of this Agreement, or the application of such provisions to
persons or circumstances other than those to which it is held invalid or unenforceable, shall not
be affected thereby and each provision of this Agreement shall be valid and be enforced to the
fullest extent permitted by law.
17.8 Gender
In this Agreement, the masculine gender includes the feminine and masculine, and the
singular number includes plural, and the word "person" includes corporation, partnership, firm or
association wherever the context so requires.
17.9 Captions
Captions of the sections of this Agreement are for convenience and reference only, and the
words contained therein shall in no way be held to explain, modify, amplify, or aid in the
interpretation or meaning of the provisions of this Agreement.
17.10 Notices
A. All payments, sums, notices, demands or requests from one party to another may
be personally delivered or sent by mail, certified or registered, return receipt requested, postage
prepaid to the addresses below, and shall be deemed to have been given at the time of personal
delivery or at the time of receipt.
B. All notices, demands or requests from the Operator to the VBDA shall be given to
the
VBDA at:
c/o Dept. of Economic Development
One Columbus Center
Suite 300
Virginia Beach, Virginia 23462
Attention: Director
38
With a copy to:
City Attorney's Office
City of Virginia Beach
Municipal Building
Virginia Beach, Virginia 23456
Attention: Gary L. Fentress, Esq.
C. All notices, demands or requests from the VBDA to the Operator shall be given to
the
Operator at:
Hampton Roads Sports, L.L.C
c/o Harmony Investments, Inc.
Attention: Page S. Johnson, II
Haygood Medical Center
1016 Independence Boulevard
Post Office Box 68413
Virginia Beach, Virginia 23455
With a copy to:
Willcox & Savage, P.C.
Attention: Stephen R. Davis
1800 NationsBank Center
One Commercial Place
Norfolk, Virginia 23510-2197
D. Either party may change its address for notices from time to time by giving notice
of its new address to the other party pursuant to this Section 17.10.
17.11 Relevant Law
A. This Agreement shall be deemed to be a Virginia contract and shall be governed as
to all matters whether of validity, interpretations, obligations, performance or otherwise exclusively
by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall
be determined in accordance with such laws. Regardless of where actually delivered and accepted,
this Agreement shall be deemed to have been delivered and accepted by the parties in the
Commonwealth of Virginia.
B. The Operator shall comply with all federal, state and local statutes, ordinances, and
regulations now in effect or hereafter adopted, in the performance of its obligations set forth
herein. The Operator further expressly represents that it is a limited liability company duly
organized and existing under the laws of the Commonwealth of Virginia and will so remain
throughout the term of this Agreement.
C. Any and all suits for any claims or for any and every breach or dispute arising out
of this Agreement shall be maintained in the appropriate court of competent jurisdiction in the City
of Virginia Beach or the United States District Court for the Eastern District of Virginia, Norfolk
Division.
39
17.12 Counterparts
This Agreement may be executed in any number of counterparts and by each of the parties
in separate counterparts, all such counterparts together constituting but one and the same
agreement.
17.13 Attorney's Fees
If the VBDA and the Operator are involved in any litigation regarding the performance of
their obligations under this Agreement, then in addition to all other rights and remedies the parties
may have under this Agreement, the unsuccessful party by final order, decree or judgment in such
litigationby a court of competent jurisdiction shall reimburse the successful party for all reasonable
legal fees and expenses incurred by such successful party in connection with such litigation.
17.14
Estoppel Certificate.
Within fifteen (15) days after receipt of a request, the VBDA and the Operator agree to
deliver to the other party a duly executed and acknowledged instrument certifying to the party's
best knowledge (i) whether this Agreement is in full force and effect (and if not, why); (ii) as to
the existence of any default, including the nature or extent of such default; (iii) whether there are
any defenses, counterclaims or offsets to such default; (iv) whether there has been any modification
or amendment to this Agreement, and specifying the nature of such modification; (v) as to the
commencement and expiration dates of the Term; (vi) as to the date to which Fees have been paid;
and (vii) as to such other matters relating to this Agreement as may be reasonably requested that
do not modify or otherwise alter the rights under this Agreement of the party executing the
estoppel certificate. Any such certificate may be conclusively relied upon by the requesting party
and by any other person to whom it has been exhibited or delivered, and the contents of the
certificate shall be binding upon the party executing such certificate.
17.15
Non-appropriation
All financial obligations of the VBDA, Schools and the City set forth herein are subject to
appropriation therefor being made by the City Council of the City, and the VBDA, Schools and
the City shall be bound and obligated hereunder only to the extent that funds have been
appropriated and budgeted in any fiscal year for such purposes. If adequate funds are not
appropriated in any fiscal year, the VBDA, Schools, or the City, as the case may be, shall not be
subject to any penalty or expense of any kind whatsoever.
40
17.16 Guaranty
The payment and performance obligations of the Operator under this Agreement shall be
personally guaranteed, jointly and severally, by Mark F. Garcea and Page S. Johnson, II, pursuant
to the Guaranty attached hereto as Exhibit D.
IN WITNESS WHEREOF, this Agreement has been executed on behalf of the VBDA and
the Operator as of the date first set forth above.
VBDA:
(SEAL)
ATTEST:
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
BY:
Secretary Chairman
Operator:
HAMPTON ROADS SPORTS, L.L.C
a Virginia limited liability company
BY:
Authorized Member
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH
The foregoing Lease Agreement was acknowledged before me this day of
, 1997, by , Chairman of the City of Virginia
Beach Development Authority, a political subdivision of the Commonwealth of Virginia.
Notary Public
My commission expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH
The foregoing Lease Agreement was acknowledged before me this day of
,1997, by , an Authorized Member of Hampton
Roads Sports, L. L. C., a Virginia limited liability company, on behalf of the company.
Notary Public
My commission expires:
G \DATA\FORMS\LEASE\OPERATIN AG7
Revls~ondate May 22, 1997
41
EXHIBIT C
Recognition Agreement
THIS RECOGNITION AGREEMENT is made as of the day of
, 19__, by and between the CITY OF VIRGINIA BEACH,
a political subdivision and public body corporate of the
Commonwealth of Virginia (the "City"); the CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY, a political subdivision and public body
corporate of the Commonwealth of Virginia (the "VBDA"); and HAMPTON
ROADS SPORTS, L.L.C., a Virginia limited liability company
("Operator").
RECITALS
R-1. Pursuant to a certain ground lease (the "Ground Lease")
dated , 19 , the City ground leased certain property
located in the City of Virginia Beach, Virginia, and more
particularly described on Exhibit A to this Recognition Agreement
(the "Premises") to the VBDA.
R-2. By a certain Multi-Purpose Stadium Operating and Use
Agreement dated , 1997, (the "Operating Agreement"), the
VBDA has given the Operator the right to operate and use the
stadium and other improvements to be constructed by the VBDA on the
Premises.
· R-3. In order to induce the Operator to enter into the
Operating Agreement and address the rights of the parties in the
event of a default by the VBDA under the Ground Lease, the parties
have agreed to enter into this Recognition Agreement.
NOW, THEREFORE, in consideration of the mutual covenants set
forth below and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the parties agree
as follows:
1. If the Ground Lease is canceled or terminated prior to
the expiration date of the Operating Agreement, or the Premises is
surrendered to the City, then so long as the Operator observes and
performs all of the terms, covenants and conditions of the
Operating Agreement on its part to be observed and performed within
the applicable cure period therefor, the City agrees as follows:
(i) The Operating Agreement shall continue in full
force and effect as a direct agreement between the City and
Operator;
(ii) The Operator shall not be removed by the City
and shall not be joined as a defendant in any action or proceeding
which may be instituted by the City by reason of any default under
the Ground Lease; and
(iii) Any transfer of the Premises or assignment or
transfer of the City's rights as lessor under the Ground Lease will
be made subject to Operator's rights under the Operating Agreement.
2. The Operator agrees, in the event of the cancellation or
termination of the Ground Lease, to attorn to the City for the
balance of the term of the Operating Agreement, and the Operating
Agreement shall thereafter continue in full force and effect as a
direct agreement between the City and Operator.
3. The terms, covenants and conditions of this Recognition
Agreement shall inure to the benefit of and be binding upon the
respective parties hereto, their successors and assigns.
4. This Recognition Agreement is made, executed and
delivered under seal. The designation "SEAL" next to any signature
on behalf of a corporation shall be as effective as if the
corporate seal were physically affixed to this Agreement.
IN WITNESS WHEREOF, the parties have executed and delivered
this document under seal as of the day and year first above
written.
CITY
CITY OF VIRGINIA BEACH,
[Seal]
Attest,
City Clerk
VBDA:
By, (Seal)
Name,
Title, City Mana~er/Desiqnee
CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY:
ATTEST,
By:
(Seal)
Name
Title, Chairman
Secretary
OPERATOR,
HAMPTON ROADS SPORTS, L.L.C.,
By,
Name,
Title,
(Seal)
STATE OF
CITY/COUNTY OF , to-wit:
The foregoing instrument was acknowledged before me this
day of , 1997 by , the City
Manager/Designee of City Manager of the City of Virginia Beach,
Virginia on its behalf.
Notary Public
My commission expires:
STATE OF
CITY/COUNTY OF , to-wit:
The foregoing instrument was acknowledged before me this
~day of , 1997 by Ruth Hodges Smith, City Clerk of
the City of Virginia Beach, Virginia on its behalf.
My commission expires:
Notary Public
STATE OF
CITY/COUNTY OF , to-wit:
The foregoing instrument was acknowledged before me this
~day of , 1997 by , Chairman and
, Secretary of the City of Virginia Beach
Development Authority on its behalf.
My commission expires:
Notary Public
STATE OF
CITY/COUNTY OF , to-wit:
The foregoing instrument was acknowledged before me this
~day of , 1997 by , Authorized
Member of Hampton Roads Sports, L. L. C., on its behalf.
My commission expires:
Notary Public
G \FORMS\LEASE\EXHIBIT C1
Revised April 30, 1997
GUARANTY AGREEMENT
THIS GUARANTY AGREEMENT (as amended or supplemented from time
to time, this "Guaranty") is made as of the day of
, 199 , between MARK F. GARCEA and PAGE S.
JOHNSON, II (the "Guarantors") and the CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth
of Virginia (the "VBDA").
The VBDA has agreed to construct a 6,000 seat multipurpose
stadium and enter into an agreement with Hampton Roads Sports, L.
L. C. (the "Operator") for use, in part, as its home stadium (the
"Stadium") pursuant to that certain Multi-Purpose Stadium Operating
and Use Agreement of even date herewith between the VBDA and the
Operator (the "Agreement"), and as a condition to entering into the
Agreement, the VBDA has required that the Guarantors execute this
Guaranty.
NOW, THEREFORE, the Guarantors agree as follows:
Section 1. Definitions and Interpretation. Unless the
context indicates otherwise, terms used in this Guaranty which are
defined in the Agreement shall, for the purpose of this Guaranty,
have the meanings set forth in the Agreement. Unless the context
indicates otherwise, words used in this Guaranty in the singular
number shall be deemed to include words in the plural number, and
vice versa, and words in one gender shall be deemed to include
words in the other gender. The section headings are for
convenience only and neither limit nor amplify the provisions of
this Guaranty.
Section 2. Guaranty. The Guarantors, jointly and severally,
hereby unconditionally guarantee to the VBDA the full and prompt
payment when due of all sums due from the Operator to the VBDA
under the Agreement and the full and prompt performance by the
Operator under the Agreement. This is a guaranty of payment and
not merely of collection. If the Operator shall default in the
payment of any sum due the VBDA under the Agreement or in the
performance of any of the Operator's obligations under the
Agreement, upon written demand of the VBDA, the Guarantors shall
promptly pay the VBDA any amount due the VBDA or perform or cause
to be performed the obligations of the Operator under the
Agreement. The Guarantors further agree, after a proper demand for
payment or performance under this Guaranty has been refused, to pay
all costs and expenses, including reasonable attorney's fees, paid
or incurred by the VBDA in enforcing the provisions of the
Agreement and/or this Guaranty. Each failure on the part of the
Guarantors to make a payment or perform the Operator's obligations
shall give rise to a separate cause of action hereunder.
Section 3. Guaranty Unconditional. The obligations of the
Guarantors hereunder shall be absolute, continuing and
unconditional and, without limiting the generality of the
foregoing, shall not be released, discharged or otherwise affected
by:
(i) any extension, renewal, compromise, settlement, waiver or
release of any of the obligations of any other obligor under the
Agreement or this Guaranty;
-Page 2-
(ii) any amendment or supplement to the Agreement or this
Guaranty;
(iii) any change in the structure, existence or ownership of
the Operator, or the filing or entry of a final order in any
insolvency, bankruptcy, reorganization or other similar proceeding
affecting the Operator or its assets or releasing any obligor from
any of its obligations under the Agreement or this Guaranty;
(iv) the existence of any claim, set-off or other right which
the Guarantors may have at any time against the Operator, the VBDA
or any other obligor, other than a defense or discharge premised
upon a breach of the Agreement by the VBDA whether arising from the
execution of the Agreement or otherwise, provided that nothing
contained herein shall prevent the assertion of such a claim in a
separate suit;
(v) the unenforceability, for any reason, of any of the
obligations of any other obligor under the Agreement; or,
(vi) the failure of the VBDA (a) to file or enforce a claim
against any other obligor (or its estate in a bankruptcy or other
proceeding); (b) to give notice of the creation or incurrence by
any other obligor of any new or additional indebtedness or
obligation with respect to the Agreement; (c) to commence any
action against any obligor; (d) to proceed with due diligence to
collect any amount due to it under the Agreement.
Section 4. Discharqe; Reinstatement in Certain Circumstances.
This Guaranty shall remain in full force and effect until the
rental payments required under the Agreement have been paid in
-Page 3-
full. If at any time any payment is rescinded or is required to be
restored or returned because of insolvency, bankruptcy,
reorganization or otherwise, the Guarantors' obligations hereunder
with respect to such payment shall be reinstated as though such
payment had been due, but not paid, at the time of such rescission
or requirement. The Guarantors agree that payment of any of the
obligations or other acts which toll any statute of limitations
applicable to the obligations shall also toll the statute of
limitations applicable to the Guarantors' liability hereunder.
Section 5. Riqhts of VBDA Not Impaired. Other than a breach
of the Agreement by the VBDA, no act or omission of any kind or at
any time upon the part of the VBDA in respect of any matter
whatsoever shall in any way affect or impair the rights of the VBDA
to enforce any right, power or benefit of the VBDA under this
Guaranty, and no set-off, claim, diminution of any obligation or
·
defense of any kind or nature which the Guarantors have or may have
against the VBDA shall be available against the VBDA in any suit or
action brought by the VBDA to enforce any of its rights under this
Guaranty. Nothing in this Guaranty shall be construed as a waiver
by the Guarantors of any rights or claims the Guarantors may have
against the VBDA under this Guaranty or otherwise, but any recovery
upon such rights and claims shall be had from the VBDA separately,
it being the intent of this Guaranty that the Guarantors shall be
unconditionally and absolutely obligated to perform fully all of
the Guarantors' obligations hereunder for the benefit of the VBDA.
-Page 4-
Section 6. Representations of Guarantors. The Guarantors
hereby represent and warrant the following to the VBDA:
(i) The execution and delivery of this Guaranty and the
performance of the Guarantors' obligations hereunder will not
violate any agreement to which either of the Guarantors is a party
or by which either is bound or any laws, orders or decrees of
governmental authorities and courts having jurisdiction over either
of the Guarantors.
(ii) The Guarantors have duly executed and delivered this
Guaranty, and this Guaranty constitutes a valid and binding
obligation of the Guarantors.
(iii) There are no pending or, to the best of the Guarantors'
knowledge, threatened actions, suits, proceedings or investigations
of a legal, equitable, regulatory, administrative or legislative
nature, the resolution of which could have a material adverse
affect on the Guarantors' business, assets or condition (financial
or otherwise) or the Guarantors' ability to perform their
obligations under this Guaranty.
Section 7. Venue; Waiver of Jury Trial. The Guarantors agree
that any suit, action or proceeding arising out of or relating to
this Guaranty shall be instituted in the Circuit Court of the City
of Virginia Beach, Virginia, or in the United States District Court
for the Eastern District of Virginia, Norfolk Division (assuming
such court has Jurisdiction), and the Guarantors hereby waive any
objection which they may have to such venue and irrevocably submit
to the jurisdiction of either of such courts in any such suit,
-Page 5-
action or proceeding. To the extent permitted by law, the
Guarantors waive any right they may have to a trial by jury in any
action or proceeding to defend, enforce or collect any of the
obligations of the Guarantors hereunder, whether such action or
proceeding is instituted by the VBDA, the Guarantors or any other
party.
Section 8. Successors and Assiqn. This Guaranty shall inure
to the benefit of and be binding on the Guarantors and their
respective heirs, personal representatives and successors.
Section 9. Severability. If any provision of this Guaranty
or the application thereof in any circumstance is held to be
unenforceable, the remainder of this Guaranty shall not be affected
thereby and shall remain enforceable.
Section 10. Applicable Law. This Guaranty shall be governed
by the laws of the Commonwealth of Virginia.
Section 11. Notices, Demands and Requests. All notices,
demands, requests and other communications required or permitted
hereunder shall be in writing and shall be given in person or shall
be sent by courier or by registered or certified mail, postage
prepaid, return receipt requested, (i) to the Guarantors at their
addresses set forth below, with a copy to Willcox and Savage, P.C.,
Attn: Stephen R. Davis, Esq., 1800 NationsBank Center, Norfolk,
Virginia 23510-2197; and (ii) to the VBDA at its address set forth
in the Agreement, or to such other person or address as the party
entitled to notice shall have specified by at least ten (10) days'
prior notice given to the other party in the manner provided
-Page 6-
herein. All such notices, demands, requests and other
communications shall be deemed to have been given upon the earlier
of (i) delivery at the address specified above, whether in person,
by express courier or by mail, or (ii) two (2) days after the
postmark date of mailing. Rejection or other refusal to accept or
the inability to deliver because of a change of address to which no
notice was given shall not invalidate the effectiveness of any
notice, demand, request or other communication.
Section 12. Waiver. To the extent permitted by law, the
Guarantors hereby waive notice of any of the matters referred to in
Section 3 of this Guaranty, and any demand (except as expressly
specified herein), proof or notice of nonpayment.
Section 13. Amendments. This Guaranty may only be amended,
supplemented or terminated in writing, signed by all of the parties
hereto.
·
Section 14. Entire Aqreement. This Guaranty expresses the
entire understanding and all agreements between the parties.
Section 15. Counterparts. This Guaranty may be executed in
any number of counterparts, each of which shall be an original and
all of which together shall constitute but one and the same
instrument.
WITNESS the following signatures and seals.
-Page 7-
ADDRESSES:
Mark F. Garcea
Page S. Johnson, II
(SEAL)
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
The foregoing instrument was acknowledged before me this
day of , 1997, by Mark F. Garcea.
My commission expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
· The foregoing instrument was acknowledged before me this
day of , 1997, by Page S. Johnson, II.
My commission expires:
Notary Public
LEASES\STADIUM\GUARANTY AG3
Revised Apr~l 30, 1997
-Page 8-
MULTI-PURPOSE STADIUM
GROUND LEASE
between
CITY OF VIRGINIA BEACH
and
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
MULTI-P~OSE STADIUM GROUND LEASE
THIS MULTI-PURPOSE STADIUM GROUND LEASE, dated as of the __ day of
, 1997, between the CITY OF VIRGINIA BEACH, a municipal corporation
of the Commonwealth of Virginia (the "Landlord"), and the CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia (the
"Tenant"), recites and provides:
RECITALS:
The Landlord is the owner of
acres, more or less, of land (the "Leased Premises")
located in the City of Virginia Beach, Virginia, described on Exhibit A attached hereto and
depicted on the plat attached hereto as Exhibit B. The Landlord wishes to lease the Leased
Premises to the Tenant, and the Tenant wishes to lease the Leased Premises from the Landlord.
The Tenant intends to construct a multi-purpose stadium and related facilities on a portion of the
Leased Premises and, by separate operating agreement, to authorize the operation and use of the
stadium facilities and a portion of the Leased Premises by Hampton Roads Sports.
ARTICLE I
Definitions
Section 1.1 Definitions. The following terms shall have the indicated meanings:
A. "City Council" means the City Council of the City of Virginia Beach, Virginia.
B.. "Coordination Agreement" means the Coordination Agreement between the
Landlord and the Tenant, dated as of
, 1997, with respect to the Stadium.
C. "Deed of Trust" means any leasehold deed of trust, mortgage or similar security
agreement and any modifications, renewals or extensions thereof.
D. "Default" means any fact or circumstance that by itself, or with the giving of
notice or passage of time or both, would constitute an Event of Default.
E. "Event of Default" means any of the events described in Section 9.1.
F. "Fees" shall have the meaning given to the term "Fees" in the Operating
Agreement.
G. "Hampton Roads Sports" means Hampton Roads Sports, L. L. C , a Virginia
hmited liability company, as the Operator under the Operating Agreement.
H. "Leased Premises" means that certain parcel of land located in the City of
Virginia Beach, Virginia, described on Exhibit A attached hereto and depicted on the plat
attached hereto as Exhibit B.
I. "Operating Agreement" means that Multi-Purpose Stadium Operating and Use
Agreement between the Tenant and Hampton Roads Sports, dated as of
, 1997,
which sets forth the Tenant's and Hampton Roads Sports' respective responsibilities for the
construction of the Stadium, the payment of the costs of such construction and the operation and
use of the Stadium.
J. "Permitted Encumbrances" means existing easements, restrictions and other title
matters affecting the Leased Premises on the date hereof.
K. "Project" means the Stadium, which shall consist of the Tenant's (i) leasehold
interest in the Leased Premises, and (ii) ownership interest in the Stadium.
L. "Project Documents" means this Ground Lease, the Coordination Agreement and
the Operating Agreement.
M. "Rent" means the rental required to be paid by the Tenant to the Landlord
pursuant to Section 2.2.
N. "Stadium" means the multi-purpose stadium to be constructed in accordance with
the Operating Agreement.
O. "Taxes" means all personal property, real property, rental, excise, gross receipts,
business and occupation and other taxes and assessments of every kind and nature whatsoever,
levied or assessed against the Leased Premises, the Stadium or the Project, as well as those taxes
arising from the use, occupancy or operation of the Project or the activities of the Tenant or any
person or entity claiming by or through the Tenant, the non-payment of which would adversely
affect the Landlord or the Leased Premises.
P. "Term" shall mean the term described in Section 2.3, unless terminated earlier
pursuant to the terms and conditions of this Ground Lease.
-2-
ARTICLE II Lease of Leased Premises; Rent; Term
Section 2.1 Lease. The Landlord hereby demises and leases the Leased Premises to
the Tenant and the Tenant takes and leases the Leased Premises from the Landlord, subject to
and in accordance with the provisions hereof.
Section 2.2 Rent. The Tenant shall pay to the Landlord, as ground rent hereunder,
(a) in advance for the entire Term, the sum of ONE HUNDRED AND 00/100 DOLLARS
($100.00), payable upon the Tenant's execution of this Ground Lease, and (b) in arrears,
payable on or before November 30 of each calendar year during the Term, an amount equal to
all Fees and other sums actually received by the Tenant from Hampton Roads Sports under the
Operating Agreement during and in respect of the preceding year (or portion thereof).
Section 2.3 Term. Unless sooner terminated as provided herein, the term of this
Ground Lease shall be for a period no longer than forty (40) years, commencing on the date
hereof and expiring on the earlier to occur of (a) the fortieth (40th) anniversary of the date
hereof, or (b) at the option of the Landlord, ten (10) business days after the Operating
Agreement expires or is terminated without renegotiation as provided in Section 2.3 of the
Operating Agreement.
Section 2.4 Quiet Enjoyment. So long as no Default exists hereunder, the Landlord
covenants that the Tenant shall lawfully and quietly hold, occupy and enjoy the Leased Premises
without disturbance by the Landlord or anyone claiming by, through or under the Landlord. The
Leased Premises are demised and leased subject to (a) Permitted Encumbrances, and (b) all
zoning regulations, restrictions, rules and ordinances, building restrictions and other laws and
regulations now in effect or hereafter adopted by any governmental authority having jurisdiction
over the Leased Premises.
Section 2.5 Property "AS IS". The Tenant acknowledges that the Landlord has not
made, and the Tenant has not relied upon, any representations or warranties regarding the
Leased Premises, and the Tenant agrees to accept the Leased Premises in "AS IS" condition.
Section 2.6 Surrender of Premises. At the expiration of the Term, the Tenant shall
deliver possession of the Project to the Landlord in the state of repair and condition required by
Section 4.3 of this Ground Lease and by the provisions of the Operating Agreement, cure any
defaults and quitclaim to the Landlord all right, title and interest of the Tenant in the Project free
-3-
and clear of all liens and encumbrances except those existing as of the date hereof or those
created, or consented to in writing, by the Landlord. At the expiration of the Term, the Stadium
shall automatically, without compensation to the Tenant, become the property of the Landlord
free and clear of all claims to or against the Stadium by the Tenant or any third party. Upon
written request by the Landlord, the Tenant shall execute, acknowledge and deliver to the
Landlord a deed confirming that title to the Stadium has transferred to the Landlord. All
property that the Tenant is not required to surrender but that the Tenant abandons, at the
Landlord's written election, shall become the Landlord's property or be disposed of by the
Landlord at the Tenant's expense. This Ground Lease shall terminate without further notice at
the expiration of the Term and no holding over shall be permitted without the prior written
consent of the Landlord. Any holding over by the Tenant after expiration or other termination
of this Ground Lease shall not constitute a renewal or extension of this Ground Lease .or give
the Tenant any rights in or to the Leased Premises or the Stadium.
Section 2.7 Use. The Leased Premises shall be used only for the construction,
operation and maintenance of the Stadium and the use thereof as a multi-purpose stadium facility
and uses incidental and accessory thereto.
Section 2.8 Net Lease. This is a triple net lease.
ARTICLE III
Taxes, Utilities and Easements
Section 3.1 Taxes. The Tenant shall pay, or cause to be paid, all Taxes.
Section 3.2 Utilities. The Tenant shall pay, or cause to be paid, all costs and expenses
required to provide utility service to the Project (including all professional and service charges,
costs of connections to the applicable utility systems and charges for the usage of utility
services).
Section 3.3 Easements. The Landlord shall grant to the Tenant such easements over
its adjoining property for the location of utilities and access to the Project as are (a)
contemplated by the Operating Agreement, and (b) reasonably necessary for the Tenant's
development and use of the Project. The location of such easements shall be subject to the
approval of the Landlord.
-4-
ARTICLE IV Construction, Maintenance and Operation of Stadium
Section 4.1 Stadium. The Tenant shall construct, or cause to be constructed, the
Stadium in accordance with the provisions of the Operating Agreement.
Section 4.2 No Obligation to Maintain. The Landlord shall not be required or
obligated to make or pay for any change, alteration, addition, improvement or repair to the
Stadium, except as contemplated by the Coordination Agreement.
Section 4.3 Tenant's Duty to Maintain. The Tenant shall be responsible, at no cost
to Landlord, for performing, or causing to be performed, all maintenance, repair and upkeep
as may be necessary to keep the Project clean, safe and free from deterioration, subject to
reasonable wear and tear.
Section 4.4 No Liens or Encumbrances. Subject to the Permitted Encumbrances, the
Tenant shall keep, or cause to be kept, the Project free and clear of all liens and encumbrances
of every kind whatsoever. If any lien is filed or purportedly filed against the Leased Premises
or any other property owned by the Landlord, as a result of any act or omission of the Tenant
or Hampton Roads Sports, upon the written request of the Landlord, the Tenant shall cause the
same to be released of record within ten (10) days after the Tenant receives such written request.
Section 4.5 No Mechanics' Liens. The Tenant shall pay, or cause to be paid, when
due all costs and expenses associated with the construction, maintenance, repair, replacement
and operation of the Stadium. The Tenant shall not permit any mechanic's, materialman's,
contractor's, subcontractor's or other lien to be filed against the Leased Premises or other
property owned by the Landlord. If any such lien is filed, the Tenant shall, upon the written
request of the Landlord, cause the same to be released of record within ten (10) days after the
Tenant receives such written request.
Section 4.6 Landlord's Right to Inspect. The Landlord may enter the Leased Premises
at any time without prior written notice to the Tenant (or any subtenant or operator of which the
Landlord has actual notice) for the purpose of inspection so long as such inspection does not
interfere with the operation of the Stadium.
-5-
ARTICLE V Ownership of Stadium
Section 5.1 Title to Stadium. The Stadium shall be the property of the Tenant only
during the Term, and thereafter shall be the property of the Landlord. The Tenant may not
demolish or alter the structural components of the Stadium without the Landlord's prior written
approval except as expressly permitted by Sections 7.1, 7.2 and 7.3 of the Operating Agreement.
ARTICLE VI
Mortgage of Leasehold
Section 6.1 Right to Mortgage. The Tenant shall not grant, or suffer to exist, any
Deed of Trust or other encumbrance on all or any part of the Project, the Fees or the Tenant's
interest under the Operating Agreement or this Ground Lease.
ARTICLE VII Insurance
Section 7.1 Insurance Coverages. During the Term the Tenant shall maintain, or cause
to be maintained, the insurance specified in the Operating Agreement.
ARTICLE VIII Indenmification of Landlord
Section 8.1 Indemnification of Landlord. To the extent permitted by law, the Tenant
shall indemnify the Landlord, its officers, employees and agents for, and save them harmless
from, any and all liability, loss, costs, obligations and causes of action, including without
limitation, the Landlord's reasonable attorneys' fees and related legal expenses, arising on or
with respect to the Project other than due to the actions of the Landlord or the Landlord's
employees, contractors or agents. The Tenant, its agents, officers, servants and employees shall
assume all risks of injury or death of person or persons, or damage to or loss of any and all
property of the Landlord or the Tenant and any and all property under the control or custody
of the Tenant while on the Project.
ARTICLE IX
Default, Remedies, Waiver
Section 9.1 Default. The occurrence of any of the following shall constitute an Event
of Default:
A. Failure to pay when due the Rent or any other amount required to be paid
hereunder by the Tenant to the Landlord; provided, however, that no Event of Default
-6-
shall occur if the Rent or such other amount is paid within fifteen (15) days following
the Landlord's written notice to the Tenant that the Tenant failed to pay the Rent or such
other amount when due.
B. The vacation or abandonment of the Project by the Tenant.
C. The failure of the Tenant to observe or perform any provision of this
Ground Lease required to be observed or performed by the Tenant if such failure
continues for forty-five (45) days after written notice thereof from the Landlord to the
Tenant; provided, however, that if the default cannot be cured within such forty-five (45)
day period, no Event of Default shall be deemed to exist if the Tenant shall within such
forty-five (45) day period commence such cure and thereafter diligently prosecute the
same to completion.
Section 9.2 Remedies Upon Default. Upon an Event of Default, the Landlord, without
further notice to the Tenant, shall have each of the following remedies at the Landlord's election
(which shall be in addition to any other remedies available under applicable law):
A. Subject to the provisions of the Operating Agreement, at the Landlord's
election, the Landlord may terminate this Ground Lease by giving the Tenant written
notice of termination. Upon the giving of such notice, all of the Tenant's rights in the
Project shall terminate. The Landlord shall not be deemed to have terminated this
Ground Lease unless the Landlord shall have so declared such termination in a writing
to the Tenant, nor shall the Landlord be deemed to have accepted or consented to an
abandonment by the Tenant by performing acts intended to maintain or preserve the
Project, making efforts to relet the Leased Premises or appointing a receiver to protect
the Landlord's interest under this Ground Lease. Subject to the provisions of the
Operating Agreement, promptly after notice of termination, the Tenant shall surrender
and vacate the Project in a broom-clean condition, and the Landlord may reenter and take
possession of the Project and eject any or all parties in possession. Termination
hereunder shall not relieve the Tenant of any obligation under this Ground Lease or from
any claim for damages previously accrued or then accruing against the Tenant.
-7-
B. At the Landlord's written election, the Landlord may use or take title to
the Tenant's personal property located on the Leased Premises without compensation and without
liability for use or damage.
C. If this Ground Lease is terminated, the Landlord shall be entitled to collect
all Rent and other amounts which are due and owing as of the termination date of this
Ground Lease.
Section 9.3 Equitable Relief. Nothing contained herein shall affect, change or waive
any rights of the Landlord to obtain equitable relief when such relief is otherwise appropriate.
Section 9.4 Cumulative Remedies. The remedies of the Landlord hereunder are
cumulative and in addition to, rather than exclusive of, any other remedy of the Landlord herein
given or that may be permitted by law. Any reentry as provided for herein shall not make the
Landlord liable in damages or guilty of trespass because of any such reentry.
Section 9.5 No Waiver. No waiver by the Landlord at any time of any of the terms,
conditions, covenants or agreements of this Ground Lease shall be deemed or taken as a waiver
at any time thereafter of the same or any other term, condition, covenant or agreement herein
contained, nor of the strict and prompt performance thereof by the Tenant. No delay, failure
or omission of the Landlord to reenter the Project or to exercise any right, power, privilege,
remedy or option arising from any default or Event of Default shall impair any such right,
power, privilege, remedy or option, or be construed as a waiver of any such right, power,
privilege, remedy or option, or as a relinquishment thereof, or acquiescence in such default or
Event of Default. No right, power, privilege, remedy or option of the Landlord shall be
construed as being exhausted or discharged by the exercise thereof in one or more instances.
Each and all of the rights, powers, privileges, remedies and options given to the Landlord by
this Ground Lease are cumulative and no one of them is exclusive of the other or exclusive of
any remedies provided by any Law.
-8-
ARTICLE X Assignment and Subletting
Section 10.1 Assignment and Subletting. Except as expressly provided in this Ground
Lease or in the Operating Agreement, the Tenant may not assign this Ground Lease (or any
portion thereof), sublease the Leased Premises (or any portion thereof) or lease the Stadium (or
any portion thereof) without the prior written consent of the Landlord; provided, however, that
no such assignment or subleasing consented to by the Landlord shall release the Tenant from its
obligations hereunder, for which it shall remain primarily liable.
Section 10.2 Recognition Agreement. Simultaneously with the execution of the
Operating Agreement, the Landlord, the Tenant and Hampton Roads Sports will execute a
Recognition Agreement substantially in the form attached to the Operating Agreement as Exhibit
C.
ARTICLE XI
Condemnation
Section 11.1 Full Taking. If all or substantially all of the Project is taken as a result
of the exercise of the power of eminent domain, this Ground Lease shall terminate as of the
taking. For purposes of this Section 11.1, "substantially all of the Project" shall be deemed to
have been taken if the untaken portion cannot be practically and economically used or converted
for use by Hampton Roads Sports under the terms of the Operating Agreement.
Section 11.2 Partial Taking. If less than the entire Project is taken as a result of the
exercise of the power of eminent domain, and if the Project can at a reasonable expense be
repaired, restored or replaced, this Ground Lease shall not terminate but shall continue in full
force and effect for the remainder of the Term. The Tenant shall cause the Project to be
restored, repaired or replaced in accordance with the provisions of the Operating Agreement.
ARTICLE XII Miscellaneous
Section 12.1 Estoppel Certificates. The Landlord or the Tenant, upon written request
from the other, shall execute, acknowledge and deliver to the other, a certificate stating (a) that
this Ground Lease is unmodified and in full force and effect (or, if there have been
modifications, that this Ground Lease is in full force and effect as modified and stating the
modifications), (b) the dates, if any, by which obligations hereunder have been satisfied, (c) that
there are no existing offsets or defenses against the enforcement of any term hereof (or, if so,
-9-
specifying the same), and (d) that no notice has been given to the Landlord or the Tenant of any
Default or Event of Default.
Section 12.2 Binding Effect. The provisions of this Ground Lease shall bind and
benefit the successors and assigns of the parties hereto.
Section 12.3 Memorandum or Short Form of Lease. Concurrently with the execution
of this Ground Lease, the parties hereto shall execute and acknowledge a memorandum or short
form of lease for the purpose of recording the same in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia. The expense of recordation shall be borne by the
Tenant. Upon a termination of this Ground Lease for any reason, both the Landlord and the
Tenant shall execute a document, in recordable form, confirming that this Ground Lease is null
and void.
Section 12.4 Notices. Any notice or other communication required or permitted
hereunder or contemplated hereby shall be in writing and sent by, and deemed given when
deposited in, the United States mail, certified and postage prepaid, or overnight mail delivery
to the following unless another address is designated:
If to Landlord:
City of Virginia Beach
Municipal Center
Virginia Beach, Virginia 23456
Attn: City Manager
with a copy to:
City Attorney's Office
City of Virginia Beach
Municipal Center
Virginia Beach, Virginia 23456
Attn: City Attorney
If to Tenant:
City of Virginia Beach
Development Authority
One Columbus Center, Suite 300
Virginia Beach, Virginia 23462
Attn: Chairman
with copies to:
Director of Economic Development
One Columbus Center, Suite 300
Virginia Beach, Virginia 23462
and
-10-
City Attorney's Office
City of Virginia Beach
Municipal Building
Virginia Beach, Virginia 23456
Attn: Gary L. Fentress, Esquire
Section 12.5 Captions. The captions used herein are for convenience only, are not a
part of this Ground Lease and do not in any way limit or amplify the terms and provisions
hereof. The words "herein," "hereof" and "hereunder" and other words of similar import shall
refer to this Ground Lease as a whole and not a particular Article, Section, Subsection or
Paragraph.
Section 12.6 Governing Law; Interpretation. This Ground Lease shall be interpreted
in accordance with and governed by the laws of the Commonwealth of Virginia. The language
in all parts of this Ground Lease shall be interpreted according to its fair meaning and not more
strictly for or against the Landlord or the Tenant.
Section 12.7 Entire Agreement. This Ground Lease and the other Project Documents
contain all covenants, terms, provisions, and agreements between the Landlord and the Tenant,
relating in any manner to the demise of the Leased Premises or the rental, use and occupancy
of the Project and other matters set forth in this Ground Lease. No prior agreement or
understanding with respect to the same shall be valid or of any force or effect, and no covenant,
term, provision or agreement of this Ground Lease may be altered, changed, modified or
deleted, to except in a writing signed by the Landlord and the Tenant. No representation,
inducement, understanding or anything of any nature whatsoever made, stated or represented on
behalf of either party hereto, either orally or in writing, has induced the other party to enter into
this Ground Lease, except as expressly set forth in this Ground Lease.
Section 12.8 Survival. All covenants which, by their terms, are not to be performed
before the expiration of the Term or earlier termination of this Ground Lease shall survive such
expiration or earlier termination.
Section 12.9 Counterparts. This Ground Lease, which ~ncludes the Exhibits attached
hereto as incorporated herein, may be executed in counterparts, and if executed in counterparts,
each such counterpart shall constitute one and the same instrument.
-11-
Section 12.10 No Third-Party Beneficiaries. The provisions of this Ground Lease shall
not give rise to any third-party beneficiary rights in any person or entity other than the parties
hereto.
Section 12.11 Incorporation of Exhibits. All of the Exhibits attached hereto are hereby
~ncorporated into this Ground Lease and made a part hereof.
Section 12.12 Severability. If any provision of this Ground Lease, or the application
thereof to any person or circumstance, shall to any extent be held to be invalid or unenforceable,
the remainder of this Ground Lease and the application of such provision to other person or
circumstances shall not be affected thereby.
Section 12.13 No Partnership.. This Ground Lease does not and shall not be construed
to create a partnership, joint venture or any other relationship between the parties hereto except
the relationship of lessor and lessee.
Section 12.14 Survival of Tenant's Obligations. Tenant's obligations to Landlord
hereunder shall survive the expiration or termination of the Operating Agreement.
Section 12.15 Appropriations. Notwithstanding any provision herein to the contrary,
Tenant's monetary obligations to make repairs to the Stadium and other expenditures under this
Ground Lease and the Operating Agreement, other than the payment of the Rent, shall be subject
to appropriation by City Council.
IN WITNESS WHEREOF, the parties hereto have caused th~s Ground Lease to be
executed by their duly authorized representative the day and year first above written.
[Seal]
CITY OF VIRGINIA BEACH
ATTEST:
By:
City Clerk Name:
City Manager/Designee
[Seal]
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
ATTEST:
By:
Secretary Name:
Chairman
-12-
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
)
) ss
)
The foregoing instrument was acknowledged before me this day of
, 1997, by
, City Manager/Designee of the City
of Virginia Beach, a political subdivision of the Commonwealth of Virginia, on its behalf.
Given under my hand and notarial seal this ~ day of
, 1997.
My commission expires:
Notary Public
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
)
) ss
)
The foregoing instrument was acknowledged before me this day of
,1997, by
, Chairman of the City of Virginia
Beach Development Authority, a political subdivision of the Commonwealth of Virginia, on its
behalf.
Given under my hand and notarial seal this ~ day of
,1997.
Notary Public
My commission expires:
-13-
EXHIBIT A
Description of Leased Premises
[To be attached]
A-1
EXHIBIT B
Plat of Leased Premises
[To be attached]
G \ \leases\stadium\ground vr6
May 22, 1997
B-1
This instrument prepared by the
Virginia Beach City Attorney's Office
MEMORANDUM OF LEASE
FOR MULTI-PURPOSE STADIUM
THIS MEMORANDUM OF LEASE, dated as of the day of
, 1997, by and between the CITY OF VIRGINIA BEACH,
VIRGINIA, a municipal corporation of the Commonwealth of Virginia
(the "Landlord" and for indexing purposes, the "Grantor"), and the
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political
subdivision of the Commonwealth of Virginia (the "Tenant" and for
indexing purposes, the "Grantee"), recites and provides: '
RECITALs
By Multi-Purpose Stadium Ground Lease dated as of
, 1997, between the Landlord and the Tenant, the
Landlord leased and demised to the Tenant (the "Ground Lease"), and
the Tenant leased and rented from the Landlord, certain real estate
located in the City of Virginia Beach, Virginia, and more
particularly described on Exhibit A attached hereto. The Landlord
and the Tenant now wish to enter into a memorandum of lease, in
accordance with the provisions of Va. Code §55-57.1, and to record
such memorandum of lease in order to provide record notice of the
Ground Lease.
GPIN:
MEMORANDUM OF LEASEs
Pursuant to Va. Code § 55-57.1; the Landlord and the Tenant do
hereby state the following:
1. The name of the Landlord is the CITY OF VIRGINIA BEACH,
VIRGINIA, a municipal corporation of the Commonwealth of Virginia.
2. The name of the Tenant is the CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth
of Virginia.
3. The Landlord has leased to the Tenant the Leased Property
(as hereinafter defined) pursuant to the terms, provisions and
conditions contained in the Ground Lease.
1997.
4. (a) The address of the Landlord is:
Municipal Center
Virginia Beach, Virginia 23462
Attn: City Manager
(b) The address of the Tenant is:
One Columbus Center
Suite 300
Virginia Beach, Virginia 23462
Attn: Director of Economic Development
5. The effective date of the Ground Lease is
6. A description of the real estate comprising the leased
premises (referred to herein as the "Leased Property"), is attached
hereto as Exhibit A.
7. The term of the Ground Lease is forty (40) years and shall
begin , 1997, and shall end on , 2037,
unless sooner terminated by operation of law or pursuant to the
terms of the Ground Lease.
2
8. The Landlord and the Tenant hereby represents and warrant
that they have full power, authority and right to execute and
deliver this memorandum of lease.
IN WITNESS WHEREOF, the Landlord and the Tenant have caused
this Memorandum of Lease to be executed by their duly authorized
representatives.
LANDLORD:
CITY OF VIRGINIA BEACH
BY:
Name:
Title:City Manager/Designee of the
City Manager
TENANT:
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
BY:
NAME:
TITLE:
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH,
ss
The foregoing instrument was acknowledged before me this
day of , 1997, by ,
as City Manager/Designee of the City Manager of the City of
Virginia Beach, Virginia, a municipal corporation of the
Commonwealth of Virginia, on behalf of the political subdivision.
My commission expires:
Notary Public
COMMONWEALTH OF VIRGINIA )
) ss
CITY OF VIRGINIA BEACH, )
The foregoing instrument was acknowledged before me this
·
day of , 1997, by ,
as City Manager/Designee of the City Manager of the City of
Virginia Beach, Virginia, a political subdivision of the
Commonwealth of Virginia, on behalf of the political subdivision.
My commission expires:
Notary Public
a:\..\leases\stadium\memorand.VR2
Revision Date: May 5, 1997
TABLE OF CONTENTS
RECITALS ................................................ 1
ARTICLE I
Section 1.1
Definitions ................................. 1
Definitions .................................. 1
ARTICLE II
Section 2.1
Section 2.2
Section 2.3
Section 2.4
Section 2.5
Section 2.6
Section 2.7
Section 2.8
Lease of Leased Premises; Rent; Term ............... 3
Lease ..................................... 3
Rent ...................................... 3
Term ...................................... 4
Quiet Enjoyment ............................... 4
Property "AS IS" .............................. 4
Surrender of Premises ........................... 4
Use ...................................... 5
Net Lease .................................. 5
ARTICLE III
Section 3.1
Section 3.2
Section 3.3
Taxes, Utilities and Easements ................... 5
Taxes ..................................... 5
Utilities .................................... 5
Easements .................................. 6
ARTICLE IV
Section 4.1
Section 4.2
Section 4.3
Section 4.4
Section 4.5
Section 4.6
Construction, Maintenance and Operation of Stadium ...... 6
Stadium .................................... 6
No Obligation to Maintain ......................... 6
Tenant's Duty to Maintain ......................... 6
No Liens or Encumbrances ........................ 6
No Mechanics' Liens .......................... 7
Landlord's Right to Inspect ........................ 7
ARTICLE V Ownership of Stadium .......................... 7
Section 5.1 Title to Stadium ............................... 7
ARTICLE VI Mortgage of Leasehold .......................... 8
Section 6.1 Right to Mortgage .............................. 8
ARTICLE VII Insurance ................................... 8
Section 7.1 Insurance Coverages ............................ 8
ARTICLE VIII Indenmification of Landlord ...................... 8
Section 8.1 Indemnification of Landlord ........................ 8
ARTICLE IX
Section 9.1
Section 9.2
Section 9.3
Section 9.4
Section 9.5
Default, Remedies, Waiver ....................... 8
Default .................................... 8
Remedies Upon Default .......................... 9
Equitable Relief .............................. 10
Cumulative Remedies ........................... 10
No Waiver ................................. 11
ARTICLE X
Section 10.1
Section 10.2
Assienment and Sublettine ........................ 11
_ _
Assignment and Subletting ........................ 11
Recognition Agreement .......................... 12
ARTICLE XI
Section 11.1
Section 11.2
Condemnation ............................... 12
Full Taking ................................. 12
Partial Taking ................................ 12
(i)
ARTICLE XII
Section 12.1
Section 12.2
Section 12.3
Section 12.4
Section 12.5
Section 12.6
Section 12.7
Section 12.8
Section 12.9
Section 12.10
Section 12.11
Section 12.12
Section 12.13
Section 12.14
Section 12.15
Miscellaneous ................................ 12
Estoppel Certificates ............................ 12
Binding Effect ................................ 13
Memorandum or Short Form of Lease ................. 13
Notices .................................... 13
Captions ................................... 14
Governing Law; Interpretation ...................... 14
Entire Agreement .............................. 15
Survival ................................... 15
Counterparts ................................. 15
No Third-Party Beneficiaries ....................... 15
Incorporation of Exhibits ......................... 16
Severability ................................. 16
No Partnership .............................. 16
Survival of Tenant's Obligations ..................... 16
Appropriations ............................... 16
EXHIBIT A - Description of Leased Premises
EXHIBIT B - Plat of Leased Premises
(ii)
- 43 -
Item V-M.
PUBLIC HEARING
ITEM # 42169
PLANNING
Mayor Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1. NO ACTION ITEM DEFERRED B Y PLANNING COMMISSION
a. JOSEPH 0 VERHOL T, TR US TEE 0 VERttOL T TR US T
CONDITIONAL CHANGE OF
ZONING
2. MARK R. LICHTENSTEIN
STREET CLOSURE
3. PA UL D. RO WAN
CHANGES OF ZONING
CONDITIONAL USE PERMIT
4. ZIMMER DEVELOPMENT CO. OF VIRGINIA, L.P.
CHANGE OF ZONING
5. CMSS ARCHITECTS
CHANGE OF ZONING
6. CITY OF VIRGINIA BEACH
CHANGE OF ZONING
CONDITIONAL USE PERMIT
AMEND/REORDAIN SECTION
1521 CZO RE DRIVE-THRU
FA CILITIES IN R T-3
May 27, 1997
- 44 -
Item V-M.
PUBLIC HEARING
ITEM # 42170
PLANNING B Y CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in
ONE MOTION Items 2, 5, and 6d of the PLANNING BY CONSENT Items.
Voting: 11-0
Counctl Members Voting Aye:
John A. Baum, Linwood 0 Branch, III, Wtlliam W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorj~, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.
None
May 27, 1997
- 45 -
Item V-M. 1.
PUBLIC HEARING
ITEM # 42171
PLANNING
City Council TOOK NO ACTION:
Application of JOSEPH O VERIIOL T, TRUSTEE O VERttOL T TRUST
for a Conditional Change of Zoning District Classification from R-lO
Residential District to Condittonal B-2 CommunitF Business District at
the Southwest corner of Lynnhaven Parkway and Salem Road re
commercial land use and containing 15 acres (KEMPSVILLE
BOROUGH).
This item was deferred by the Planning Commission on May 14, 1997, so
no action is required.
May 27, 1997
-47-
Item V-M.3.
PUBLIC HEARING
ITEM # 42173
PLANNING
The following registered in SUPPORT:
Attorney R. J. Nutter II, 4425 Corporation Lane, Phone: 518-3200, represented the applicant
A. Frank Malbon, 1812 Addington Road, Phone: 496-2306
Dr. Craig Sweeny, 504 Frances Court, Chesapeake, Phone; 482-1037
The following registered in OPPOSITION:
Melvin C. Moore, 536 South Birdneck Road, Phone: 425-1174
Cheryl Fentress, 548 South Birdneck Road, Phone: 425-0447
George C. Morris, 518 South Birdneck Road, Phone: 428-5571
Lois D. Bostic, 1112 Battle Royal Circle, Phone: 460-6231
Rosa Lee Norman, I10 North Birdneck Road, Phone: 425-7106, President - Seatack Civic League
Beverly A. Woodhouse, 420 Cronin Road, Phone: 486-6420, Vice President Seatack Civic League
Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council ADOPTED
Ordinances upon application of PAUL D. ROWAN for Changes of Zoning and Conditional Use Permits:
ORDINANCE UPON APPLICATION OF PAUL D. ROWAN FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM I-1 TO
CONDITIONAL B-I AND FROM I-1 TO CONDITIONAL AG-1
Z05971076
Ordinance upon application of Paul D. Rowan for a Change of Zoning
District Classification from bi Light Industrial District to Conditional
B-I on 4.58 acres more or less on the west side of South Birdneck Road
beginning at a point 840 feet north of Bells Road and from bi slight
Industrial District to Conditional AG-1 Agricultural District on 5.01
acres more or less located 340 feet west of Birdneck Road and 840 feet
north of Bells Road. The proposed zoning classification change to
Conditional B-1 and Conditional AG-1 is for an animal hospital The
Comprehensive Plan recommends use of this parcel for industrial use in
accordance with other Plan policies. Said parcel contains a total of 9.59
acres more or less. L YNNHA VENBOROUGH.
The following condition shah be required:
An agreement encompassing proffers shah be recorded with the
Clerk of the Circuit Court and is hereby made a part of the
record.
AND,
ORDINANCE UPON APPLICATION OF PAUL D. ROWAN FOR A
CONDITIONAL USE PERMIT FOR AN ANIMAL HOSPITAL
R05972114
BE IT HEREBY ORDAINED BY ~E COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Paul D. Rowan for a Conditional Use
Permit for an animal hospital on the west side of South Birdneck Road,
840 feet north of Bells Road. Said parcel contains 9..$9 acres more or
less. L YNNHA VEN BOROUGH.
May 27, 1997
- 48 -
Item V-M.$.
PUBLIC HEARING
ITEM # 42173 (Continued)
PLANNING
The following conditions shall be required:
.
.
The property shall be used only in conjunction with the animal
hospital to be constructed on the B-1 portion of the subject site.
Use shall be limited to grazing, feeding, sheltering and
convalescence of horses being treated at the animal hospital.
Structures shall be limited to a 2,000 square foot barn and
fencing, as depicted on the submitted site plan, except that
additional fencing may be provided to completely enclose the
proposed grazing area. Fencing materials shall consist of three
or four board wood and/or pvc fence, or wire or chain-link
fencing screened by a solid hedge.
Any composting of animal wastes shall be limited to an area
not more than 10' x 10' in size, and shall be located adjacent
to the western property line.
AND,
ORDINANCE UPON APPLICATION OF PAUL D. ROWAN FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM I-I TO
CONDITIONAL I-I Z059 71077
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Paul D. Rowan for a Change of Zoning
District Classification from I- 1 Light Industrial District to Conditional I- 1
Light Industrial District on the west side of Birdneck Road, beginning
at a point 1175 feet more or less north of Bells Road. The proposed
Conditional I-I zoning classification is for light industrial land use The
Comprehensive Plan recommends use of this parcel for industrial use in
accordance with other plan policies. Said property contains 7.28 acres
more or less. L YNNHA VEN BOROUGH.
The following condition shall be required:
An agreement encompassing proffers shall be recorded with the
Clerk of the Circuit Court and is hereby made a part of the
record.
These Ordinances shall be effective in accordance with Section 107 (]) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the TwentF-seventh Of May Nineteen
Hundred and NinetF-Seven.
May 27, 1997
- 49 -
Item V-M.$.
PUBLIC HEARING
ITEM # 42173 (Continued)
PLANNING
Voting: 7-4
Council Members Voting Aye:
John A. Baum, William ~ Harrison, Jr., HaroM Heischober, Louis R.
Jones, Barbara M. Henley, Nancy K. Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
Linwood O. Branch, III, Mayor Meyera E. Oberndorf Reba $. McClanan
and Louisa M. Strayhorn
Council Members Absent:
None
May 27, 1997
City oi" Virginia F~each
INTER-OFF~CE CORRESPON13EAICE
In Reply Refer To Our File No. DF-4425
DATE: May 15, 1997
TO: Leslie L. Lilley DEPT: City Attorney
FROM: William M. Macali ~v~ DEPT: City Attorney
Conditional Zoning Application - Paul D. Rowan and William G. Lilley
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on May 27, 1997. I have reviewed the subject proffer agreement, dated April
18, 1997, and have determined it to be legatly sufficient and in proper legal form. A copy
of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
WMM/
Enclosure
THIS AGREEMENT, made this 18th day of April 1997, by and between PAUL D.
ROWAN, contract purchaser property described on EXHIBIT A attached hereto, and
WILLIAM G. LILLEY, the owner of the property described on EXHIBIT A attached hereto
(hereinafter collectively referred to as "Grantors"); and the CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee").
W ITN E S S E TH:
WHEREAS, the Grantors have initiated amendments to the Zoning Map of the City of
Virginia Beach, Virginia, by petitions addressed to the Grantee to change the classification of
the Grantors' property as follows'
FROM TO ACRES
I-1 B-I 4 58
I-1 AG-I 5.01
I- 1 I- 1 (Conditional) 7.27
Such changes are to be granted on certain property which contains a total of 16.86 acres, more or
less, located in the Lynnhaven Borou~ of the City of Virginia Beach, Virginia, more particularly
described in the attached EXHIBIT A (hereinafter, the "Property"); and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes, including business, agricultural and light industrial purposes, through
zoning and other land development legislation; and
WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible
uses conflict, and that in order to permit differing uses on and in the area of the subject Property
and at the same time to recognize the effects of the change and the need for various types of
uses, including those listed above, certain reasonable conditions governing the use of the
Property for the protection of the community that are not generally applicable to land similarly
Prepared by Mays & Valentme, L L P
4425 Corporation lane, Suite 420
Virginia Beach, VA 23462
zoned B-I, AG-I and I-1 (Conditional) are needed to cope with the situation to which the
Grantors' rezoning application gives rise; and
WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior
to the public hearing before the Grantee, ns part of the proposed conditional amendment to the
Zoning Map, in addition to the regulations provided for in the existing B-l, AG-I and I-1
(Conditional) zonings district by the existing City's Zoning Ordinance (CZO), the following
reasonable conditions related to the physical development, operation and use of the Property to
be adopted as a part of said amendment to the new Zoning Map relative to the Property, certain
of which proffers shall apply to all of the Property, as set forth below, and certain of which
proffers shall apply only to certain of the rezoning classifications, as set forth below, and ali of
which proffers have a reasonable relation to the rezonings, and the need for which is generated
by the rezonings; and
WHERKAS, said conditions having been proffered by the Grantors and allowed and
accepted by the Grantee as part of the amendment to the CZO, such conditions shall continue in
full force and effect until a subsequent amendment chnnges the zoning on the Property covered
by such conditions; provided, however, that such conditions shall continue despite a subsequent
amendment if the subsequent amendment is part of the comprehensive implementation of a new
or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these
conditions are amended or varied by written instrument recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the
subject Property at the time of recordation of such instrument; provided, further, that said
instrument is consented to by the Grantee in writing ns evidenced by a certified copy of
ordinance or resolution adopted by the governing body of the Grantee, al~er a public hearing
before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.1-
4:31, which said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent.
NOW THEREFORK, the Grantors, for themselves, their successors, assigns, grantees,
and other successors in title or interest, voluntarily and without any requirement by or exaction
from the Grantee or its governing body and without any element of compulsion of quid pro quo
for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the
following declaration of conditions and restrictions which shall restrict and govern the physical
development, operation and use of the Property, certain of which proffers shall apply to all of
the Property, as set forth below, and certain of which proffers shall apply only to certain of the
rezoning classifications, as set forth below, if developed for a use permitted under the B-1, AG-
I and I-1 (Conditional) zoning classifications, and hereby covenant and agree that these Proffers
shall constitute covenants running with the said Property, which shall be binding upon the
Property and upon all parties and persons claiming under or through the Grantors, their heirs,
personal representatives, assigns, grantees and other successors in interest or title, namely:
1. The Property shall be developed substantially as shown on the plan entitled
"Preliminary Site Plan for Owl's Creek Veterinary Hospital, Lynnhaven Borough, Virginia
Beach, Virginia," dated April 28, 1997, prepared by Gallup Surveyors and Engineers, Ltd
(hereinafter, the "Plan"), a copy of which is exhibited to the City Council of the City, and is on
file in the Planning Department of the City.
2. The area of the Property to be rezoned B-I shall be used for an animal hospital and
veterinary establishment (the "Animal Hospital") in which animals shall be kept in a sound-
proofed, air-conditioned building.
3. The Animal Hospital shall be constructed substantially as depicted on th~ rendering
entitled "Proposed Owl Creek Veterinary Hospital" dated April 17, 1997, prepared by ASA
Architects, a copy of which is exhibited to the City Council of the City and is on file in the
Planning Department of the City.
4. The Grantors shall construct one internally illuminated, monument style sign on the
area of the Property to be rezoned B-1, the design of which sign shall be substantially similar to
the sign depicted on EXHIBIT B attached hereto.
5. The area of the Property to be rezoned AG-I shall be used for the grazing,
feeding, sheltering and convalescence of horses treated at the Animal Hospital.
6 In the event that the Grantee expands Birdneck Road to a four-lane divided
roadway, and provides a median break opposite Brooklyn Avenue, the Grantors shall grant an
ingress-egress easement and construct an access drive across the area of the Property to be
rezoned I-1 (Conditional) for the benefit of the area of the Property to be rezoned B-l, to
provide access to and from Birdneck Road at a location opposite Brooklyn Avenue.
Further conditions may be required by the Grantee during detailed Site Plan and/or
Subdivision review and administration of applicable City Codes by all cognizant City agencies and
departments to meet all applicable City Code requirements.
All references hereinabove to zoning districts and to regulations applicable thereto, refer
to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the
conditional zoning amendment is approved by the Grantee.
The Grantors covenant and agree that (1) the Zoning Administrator of the City of
Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing
body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedying of any noncompliance with such
conditions, and (ii) the bringing of legal action or suit to ensure compliance with such
conditions, including mandatory or prohibitory injunction, abatement, damages or other
appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute
cause to deny the issuance of any of the required building or occupancy permits as may be
appropriate; (3) if asgrieved by any decision of the Zoning Administrator made pursuant to the
provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the
governing body for the review thereof prior to instituting proceedings in court; and (4) the
Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to
the zoning of the subject Property on the map and that the ordinance and the conditions may be
made readily available and accessible for public inspection in the office of the Zoning
Administrator and in the Planning Department and that they shall be recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of
the Grantors and Grantee.
Paul D. Rowan
Wdham (3 Lilley
(SEAL)
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me thin'ay of April, 1997, by
Paul D. Rowan.
My Comnfission Expires: /~/~.~C ,~/~/~'~ ~'
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
William G. Lilley
this~ d'~ay of April, 1997, by
My Commission Expires:
EXHIBIT A
ALL THAT certain lot, piece or parcel of land being known and designated as Parcel A as shown
on that certain survey entitled "Subdivision of Property of Earl R. Lilley Estate," W.B. 53 P. 522,
D.B. 273 P. 231, Lynnhaven Borough, Virginia Beach, Va. (unrecorded), which survey is made
by Crallup Surveyors & Engineers, Ltd., and dated 20 March 1997 and more particularly bounded
and described as follows:
Beginning at a point on the western right-of-way line of South
Birdneck Road approximately 840' north of Bells Road, said point
also being on the northern line of Parcel G, M.B. 183 P. 1, thence
proceeding S 76° 26' 07" W, 806.92' along the northern line of
Parcels G and F-I as recorded in M.B. 183 P. 1, to a point on the
northern line of Parcel F-l, thence turning and continuing along the
northern line of Parcel F- 1 S 76° 11' $4" W, 30.61' to a point on
the eastern line of the Residual Parcel being the remains of the Earl
R. Lilley Estate, thence turning and proceeding along the eastern
line of the Residual Parcel N 18° 51' 46" W, 669.83' to a point on
the southern line of property of Nancy F. Braithwaite, D.B. 251 P.
93, M.B. 162 P. 15, thence turning and proceeding along the
southern line of property of Nancy F. Braithwaite N 75° 58' 45" E,
120.53' to a point, thence turning and continuing along the
southern line of Nancy F. Braithwaite N 77° 06' 25" E, 876.39' to
a point, thence turning and continuing along the southern line of
property of Nancy F. Braithwaite N 77° 28' 00" E, 451.74' to a
point on the western right-of-way line of South Birdneck Road,
thence turning and proceeding along the western right-of-way line
of South Birdneck Road S 31° 30' 07" W, 505.64' to a point,
thence turning and continuing along the western right-of-way line
of South Birdneck Road along a curve to the left having a radius of
848.$0', a distance of 351.76' to the point of beginning
9041
EXHIBIT B
~- 8 fe,t --~
OWL ~,EEK VETE~R~ HOSPITAL
&
COASTAL EQgJIT~ ~DI~L ~J~NrJ'ER
,f28-~344
SOUTH B.rRD~g~ C~ ROAD
6 ~Qat
Mommen! Style s~nwith hdern&! fJuzr~seerd lqJttm~
- 50-
Item V-M. 4.
PUBLIC HEARING
ITEM # 42174
PLANNING
The following represented the applicant:
James L. Bradford, 305 Volvo Parkway, Chesapeake, Phone: 547-9531
Tom Cofer, 111 Princess Street, Wilmington, North Carolina, Phone: (910) 763-4669
Upon motton by Council Lady Strayhorn, seconded by Councilman Branch, City Council ADOPTED an
Ordinance upon application of ZIMMER DEVELOPMENT CO. OF VIRGINIA, L.P., for a Change of
Zoning:
ORDINANCE UPON APPLICATION OF ZIMMER DEVELOPMENT
CO., OF VIRGINIA, L.P. FOR A CHANGE OF ZONING FROM R-7.5
AND B-2 TO CONDITIONAL B-1 Z05971078
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Zimmer Development Co. of Virginta, L.P
for a Change of Zoning District Classification from R-7.5 Residenttal
District and B-2 Communtty Business District to Conditional B-I
Neighborhood Business District on certain property located at the
northwest corner of Princess Anne Road and S. Parliament Drive The
proposed zoning classification change to B-1 is for commercial land use.
The Comprehensive Plan recommends use of this parcel for single famil)~
residential at densities that are compattble with single famtly use in
accordance with other plan policies. Satd parcel contains 1.6 acres.
KEMPSVILLE BOROUGH.
The following condition shah be required:
An agreement encompassing proffers shall be recorded with the
Clerk of the Circmt Court and is hereby made a part of the
record.
This Ordinance shah be effective in accordance wtth Sectton 107 09 of the Zontng Ordtnance.
Adopted by the Council of the City of Virginia Beach, Virgtnia, on the Twentp-seventh of May Nineteen
Hundred and Ninet},-Seven.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr, Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vtce Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.
None
May 27, 1997
INTER-OFFICE CORRESPONDENCE
Ia Reply R~fer To Our Filo No. DF4399
DATE: May 15, 1997
TO:
FROM:
Leslie L. Lilley DEPT: City Attorney
William M. Macali ~ DEPT: City Attorney
Conditional Zoning Application - Zimmer Development Corporation, L.P.
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on May 27, 1997. I have reviewed the subject proffer agreement, dated
February 24, 1997, and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
WMM/
Enclosure
AGREEMENT
THIS AGREEMENT, made as of t_his 24th. day of February, 1997, by and between Zimmer
Development Company, L.P., as property owner of the property described in EXHIBIT A (hereinafter referred
to as the 'Grantor'); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia (hereinafter referred to as thc 'Grantee").
WITNESSETH:
WHEREAS, the Grantor h** initiated a conditional amendment to the Zoning Map of the City of
Virginia Beach, Vh'ginia, by petition addressed to the Grantee (the "Petition'), to change the classification of the
Orantor's property from (R-7-5) and (B-2) to (B-l), such change to be granted on certain property which
contain- a total of 1_59 acres, more or less, located in the Kempsville Borough of the City of Virginia Beach,
Virginia, more particularly descn'bed in EXHIBIT A (attached hereto and incorporated herein by reference);
WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various
purposes, including residential, business and preservation purposes, through zoning and other land development
legislation; and
WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict,
and that in order to permit differing uses on and in the area of the subject Property and at the same time to
recognize the effects of the change, certain reasonable conditions governing the use of the Property for the
protection of the community that are no~ generally applicable to land similarly zoned as B-1 are needed to cope
with the situation to which the Grantor's rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public
hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to
the regulations provided for the in the B-1 zoning district by the existing City's Zoning Ordinance (CZO), the
following reasonable conditions related to the physical development, operation and use of the Property to be
adopted as a part of said amendment to the new Zoning Map relative to the Property, which proffers have a
reasonable relation to the rezoning and the need for which is generated by the rezoning; and
WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the
Grantee as part of the amendment to the CZO, such conditions shall continue in full force and effect until a
subsequent amendment changes the zoning of the Property covered by such conditions; provided, however, that
such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the
comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the
foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the subject Property
at the t_ime of recordation of such instrument; provided, that said instrument is consented to by the Grantee in
writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee,
after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia § 1.5.1-431,
which said ordinance or re. solution shall be recorded along with said instrument as conclusive evidence of such
consent;
NOW, THEREFORE, the Grantor, for himself, his successors, assigns, grantees, and other successors
in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body
and without any element of compulsion of quid oro quo for zoning, rezoning, site plan, building permit or
subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and
govern the physical development, operation and use of the Property developed for a use permitted under the B-1
zoning classification, and hereby covenant and agree that these Proffers shall constitute covenants running with
the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or
through the Grantor, his heirs, personal representatives, assigns, grantees and other successors in interest or title,
namely:
Prepared by 'Hassell & Folkes', P.C.
325 Volvo Parkway
Chesapeake, VA 23320
1. The Property shall be developed substantially as shown on the plan entitled 'Rezoning Exhibit',
dated February 19, 1997, prepared by Hassell & Folkes, P.C., a copy of which is exhibited to the Virginia Beach
City Council, and is on f'de in the Planning Department of the City of Virginia Beach.
2. The exterior of the structure and the freestanding sign depicted on the site plan shall be
substantially similar in design, materials and colors to the elevations and renderings shown on the exhibit entitled
'Proposed Revco Drug Store, Princess Anne Road and S. Parliament Drive, Virginia Beach, Virginia,' dated
February 19, 1997, a copy of which has been exhibited to the Virginia Beach City Council, and is on file in the
Planning Department of the City of Vh-ginia Beach.
3. Further conditions may be required by the Grantee during detailed site plan and/or subdivision
review and adminisuation of applicable City Codes by all co?i:,~nt City agencies and department to meet all
applicab~ City Code requirements.
All references hcrcinabovc to zoning districts and to regulations applicable thereto refer to thc City
Zoning Ordinance of thc City of Virginia Beach, Virginia, in force as of the date of the conditional zoning
amendmen~ i~ approved by thc Grantee.
The Grantor covenants and agrees that (1) thc Zoning Administrator of the City of Virginia Beach,
Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia
Beach, NKn'ginia to admlni_~ter and enforce the foregoing conditions, including (i) the ordering in writing of the
remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure
compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other
appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any
decision of the Zoning Administrator made pursuant to the provisions of the City Code, thc Zoning Ordinance
or thi~ Agreement, the Grantor shall petition to the governing body for the review thereof prior to instituting
proceedings in court; and (4) the Zoning Map may show an appropriate symbol on the map the existence of
conditions attaching to thc zoning of the Subject Property, and the ordinance and the conditions may be made
readily available and accessible for public inspection in thc office of thc Zoning Administrator and in the
Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Vir~nla
Beach, Vh'ginia and indexed in the name of the Grantor and Grantee.
THE FOLLOWING SIGNATURE AND SEAL.
ZIMMER DEVELOPMENT COMPANY OF VIRGINIA, L.P.
By: Z imm~~elopmen~ Company of Virginia,
Jcffrcy~ L. csidc
Inc.
NORTH
STATE O ~AROLINA
CITY OF..SJ/Ilds~o-T~l, to-wit:
Thc foregoing instrument was acknowledged before me this ~ day of
Zimmer, President of Zimmer Development Company, a Virginia Corporation.
My commission expires:
(REWCO~4)
EXHIBIT A
LEGAL DESCRIPTION PARCELS 'Fl', 'F2', 'E' AND 'H' OVERALL
BEGINNING AT AN IRON PIN SET WHERE THE WESTERN RIGHT~:~F-WAY UNE OF PARUAMENT DRIVE
MEETS THE NORTHERN RIGHT-OF-WAY UNE OF PRINCESS ANNE ROAD; THENCE FOLLOWING THE
NORTHERN RIGHT-OF-WAY MNE OF PRINCESS ANNE ROAD N 64° 00' 00' W 142.94 FEET TO AN IRON PIN
FOUND; THENCE LEAVING SAID RIGHT-OF-WAY MNE N 26° 00' 00' E 200.94 FEET TO AN IRON PIN SET;
THENCE N 79' 29' 27' W 74.52 FEET TO AN IRON PIN FOUND AT THE EASTERN RIGHT-OF-WAY UNE OF
RONDEAU COURT; THENCE FOLLOWING SAID RIGHT-OF-WAY ALONG A CURVE TO THE LEFT HAVING A
RADIUS OF 50.00 FEET AND A LENGTH OF 43.28 FEET TO AN IRON PIN FOUND; THENCE LEAVING SAID
RIGHT-OF-WAY UNE N 50° 54' 44' E 145.17 FEET TO AN IRON PIN FOUND; THENCE S 78° 00' 00' E 167.08
FEET TO AN IRON PIN SET AT THE WESTERN RIGHT-OF-WAY UNE OF PARMAMENT DRIVE; THENCE
FOLLOWING SAID RIGHT~::)F-WAY UNE S 16° 16' 00' W 343.28 FEET TO AN IRON PIN FOUND AT A POINT
OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 40 00 FEET AND A
LENGTH OF 69.63 FEET TO THE ABOVE MENTIONED POINT OF BEGINNING. SAID COMBINED PROPERTY
CONTAINING 1.590 ACRES MORE OR LESS.
- 51 -
Item V-M. 5.
PUBLIC HEARING
ITEM # 42175
PLANNING B Y CONSENT
Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, City Council ADOPTED an
Ordinance upon application of CMSS ARCHITECTS for Change of Zoning District Classifications
ORDINANCE UPON APPLICATION OF CMSS ARCHITECTS FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-10 and
B-2 TO CONDITIONAL A-18 Z0597107
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of CMSS Architects for a Change of Zontng
District Classification from R-lO Residential District and B-2 Community
Bustness Dtstrtct to Conditional A-18 Apartment District on the following
parcels:
Parcel 1: From R-lO to Con&tional A-18 on property located 180feet
more or less north of Prtncess Anne Road beginning at a point 700feet
more or less east of South Parliament Drive.
Parcel 2: From B-2 to Conditional A-18 on property located on the north
stde of Princess Anne Road beginning at a point 740 feet more or less
east of S Parliament Drive
The proposed zoning classification change to Conditional A-18 is for
multi-family land use at a density no greater than 18 dwelling units per
acre. The Comprehensive Plan recommends use of this parcel for
suburban medtum density residential at densities that are compatible with
stngle-family use tn accordance with other Plan policies. Said parcels
contain 2. 72 acres. KEMPSVILLE BOROUGH
The following con&tion shah be required
An agreement encompassing proffers shall be recorded with the
Clerk of the Ctrcuit Court and ts hereby made a part of the
record.
This Ordtnance shah be effective in accordance with Sectton 107 (]) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twent},-seventh of May Nineteen
Hundred and Nine_tv-Seven.
~ting:
11-0 (By ConsenO
Council Members Voting Aye:
John A Baum, Linwood O. Branch, III, Wtlliam ~ Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor Wilham D.
Sessoms, Jr. and Louisa M. Strayhorn
Councd Members Voting Nay:
None
Council Members Absent:
None
May 27, 1997
City of Virginia Beach
INTER-OFFICE CORRESPO~ENCE
Ia Reply Refer To Our File No. DF4413
DATE: May 15, 1997
TO: Leslie L. Lilley DEPT: City Attorney
FROM: William M. Maeali L~ DEFT: City Attorney
Conditional Zoning Application - CMSS Architects
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on May 27, 1997. I have reviewed the subject proffer agreement, dated March
25, 1997, and have determined it to be legally sufficient and in proper legal form. A copy
of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
WMM/
Enclosure
THIS INSTRUMENT WAS PREPARED BY THE LAW FIRM OF
SHUTTLEWORTH. RULOFF & GIORDANO P C
PROFFERED COVENANTS. RESTRICTIONS AND CONDITIONS
THIS AGREEMENT (hereinafter as "Agreement"), made this 25th day of March. 1997
by and between CMSS ARCHITECTS, a Virginia General Partnership, owner, DAVID L. MAY.
JR., contract purchaser, (the "Grantors") and the CITY OF VIRGINIA BEACH, a Municipal
Corporation of the Commonwealth of Virginia (the "Grantee").
WITNESSETH:
WHEREAS, Grantor is the owners of two parcels of property located in the Kempsville
Borough of the City of Virginia Beach, one containing approximately two and nine tenths (2.9)
acres and the other containing approximately two thousand two hundred fifty four (2,254) square
feet both described in Exhibit "A" attached hereto and incorporated herein by this reference (the
"Property); and,
WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the
City of Virginia Beach, Virginia by petition addressed to the Grantee so as to change the Zoning
Classification of the Properties from R-10 to A-18 and B-2 to A-18 conditional; and,
WHEREAS, the Grantee's policy is to provide for the orderly development of land for
various purposes through zoning and other land development legislation; and,
WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses
conflict and that in order to permit differing uses on and in the area of the Property and at the same
time to recognize the effects of change, and the need for various types of uses, certain reasonable
conditions governing the use of the Property for the protection of the community that are not
generally applicable and to land similarly zoned are needed to cope with the situation to which the
Grantor's rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to
the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Ma_p, in
addition to the regulations provided for the A-18 Zoning District by the existing overall Zoning
Ordinance, the following reasonable conditions related to the physical development, operation, and
use of the Property to be adopted as a part of said amendment to the Zoning Map relative and
applicable to the Property, which has a reasonable relation to the rezoning and the need for which
is generated by the rezoning.
NOW, THEREFORE, the Grantor, for itself, successors, personal representatives, assigns,
and other successors in title or interest, voluntarily and without any requirement by or exaction from
the Grantee or its governing body, hereby make the following declaration of conditions and
restrictions which shall restrict and govern the physical development, operation, and use of the
Property and hereby covenants and agrees that this declaration shall constitute covenants running
with the Property, which shall be binding upon the Property and upon all parties and persons
claiming under or through the Grantor, successors, personal representatives, assigns, and other
successors in interest or title, namely:
1. The site plan entitled, "Riveranne Villa Condominiums for Riveranne, L.L.C.,
prepared by Copeland Engineering Consultants, P.C., 308 College Place, Norfolk, Virginia and
dated December 7, 1996" (hereinafter as the "Site Plan"), Much has been presented to the Virginia
Beach City Council and is on file with the Virginia Beach Department of Planning, shall be
substantially adhered to so there will be a coordinated design and development of the Property. In
terms of vehicular and pedestrian circulation, landscaping, the utilization of best management
practices as landscape features in the construction of a condominium project containing a
maximum of thirty-six (36) units.
2. The buildings of the condominium shall be constructed in substantial conformity to
those elevations as shown on the drawings prepared by CMSS Architects, dated March 20, 1996 and
as revised August 23, 1996, which have been presented to the Virginia Beach City Council and are
on file with the Virginia Beach Department of Planning.
The above conditions, having been proffered by the Grantor and allowed and accepted by
the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect
until a subsequent amendment changes the zoning on the Property covered by such condition;
provided, however, that such conditions shall continue if the subsequent amendment is part of the
comprehensive implementation of a new or substantially revised Zoning Ordinance. The
conditions, however, may be repealed, amended, or varied by written instrument recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the
record owner of the Property at the t~me of recordation of such instrument, provided that smd
instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance
or a resolution adopted by the governing body of the Grantee, after a public hearing before the
Grantee which was advertised pursuant to the provisions of § 15.1-431 of the Code of Virginia,
1950, as amended. Said ordinance or resolution shall be recorded along w~th said instrument as
conclusive evidence of such consent, and if not so recorded, said ~nstrument shall be void.
The Grantor further covenants and agrees that: (a)The Zoning Administrator of the C~'ty of
Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing
body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and
restrictions, including (I) to order, in writing, that any noncompliance with such conditions be
remedied, and (ii) to bring legal action or suit to insure compliance with such conditions, including
mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or
proceeding; (b) the failure to meet all conditions and restrictions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate; (c) if
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aggrieved by an decision of the Zoning Administrator which decision is made m respect to th~s
Agreement, the provisions of the Cit~' Code, or the City Zoning Ordinance, the Grantor shall
petition the governing body of the Grantee to review said decision prior to instituting a proceeding
in court; and (d) the Zoning Map, as shown by an appropriate symbol on the map, the existence of
conditions attaching to the zoning of the Property and copies of any ordinances and the condiuons
contained in this Agreement may be made readily available and accessible for public mspecuon m
the office of the Zoning Administrator and in the Planning Department and they shall be recorded
in the Clerk's Office of the Circmt Court of the City of Virgima Beach, Virginia, and indexed m the
names of the Grantor and the Grantee.
~VITNESS the following signatures and seals:
CMSS ARCHITECTS,
a Virgin' Partnership, Grantor
partner
DAVID
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing insmsment was acknowledged before me this 25th day of March, 1997, by
John H. Crouse, general partner, on behalf of the Grantor, CMSS Architects, a Virginia General
Partnership.
My Commission Expires:
Nota~'~/P'u~lic
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 25th day of March, 1997, by
David L. May, Jr.
My Commission Expires:
- 52 -
Item V-M. 6. a.
PUBLIC HEARING
ITEM # 42176
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED an
Ordinance upon application of the CITY OF VIRGINIA BEACH for a Change of Zoning:
ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA
BEACH FOR CHANGE S OF ZONING DISTRICT CLASSIFICATION
FROM 0-2, B-2, R-lO, P-1 AND H-1 to AG-1 Z05971078
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of the City of Virginia Beach for Changes of
Zoning District Classi. fication from 0-20j~ce District, B-2 Community
Business District, R-10 Residential District, P-1 Preservation District and
H-1 Hotel Distrtct to AG-1 Agricultural District on certain property
located 2, 000 feet more or less southeast of the intersection of Princess
Anne Road and Dam Neck Roads. The proposed zoning classification
change to AG-1 is for agricultural land use The Comprehensive Plan
recommends use of this parcel for agrtcultural use in accordance with
Plan policies regarding Transitional Area I. Said parcels contain 1,112
acres. PRINCESS ANNE BOROUGH.
This Ordinance shall be effective tn accordance wtth Section 107 O~ of the Zoning Ordtnance.
Adopted by the Council of the Ctty of Virginia Beach, Virginia, on the Twen~-seventh of May Nineteen
Hundred and NtnetF-Seven.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Ltnwood O. Branch, III, William W Harrison, Jr, HaroM
Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E
Oberndor~, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
Councilman Jones DISCLOSED, pursuant to Section 2.1-639.14(G) of the Code of Virginia, he owns
property located adjacent to the Lake Ridge Property and in close proximity to the parcels on which the
golf course and multi-purpose sports stadium will be constructed. His property is valued in excess of
$10,000. Councilman Jones wished to disclose this tnterest and declare he was able to participate in the
transaction fairly, objectively and in the public interest. Councilman Jones ' letters of March 25, 1997, and
May 27, 1997, are hereby made a part of the record.
May 27, 1997
- 53 -
Item V-M. 6.b.
PUBLIC HEARING
ITEM # 42177
PLANNING
Upon motion by Council Lady McClanan, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of the CITY OF VIRGINIA BEACH for a Conditional Use Permit.
ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA
BEACH FOR A RECREATIONAL FACILITY OF AN OUTDOOR
NATURE (GOLF COURSE, CLUBHOUSE AND ASSOCIATED
FACILITIES) R05972115
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon applicatton of the City of Virginia Beach for a
Conditional Use Permit for a recreational facility of an outdoor nature
(golf course, clubhouse and associated factlittes) on certain property
located 2500 feet more or less southwest of the tntersection of Princess
Anne Road and Judicial Boulevard. Said parcel contains 310 Acres more
or less. PRINCESS ANNE BOROUGH.
The following conditions shah be required:
A sign plan for the facility shah be presented to the Planning
Director for approval prtor to any other administrative or
regulatory reviews for signage Signage shall be of a high
quahty design consistent with the design recommendations of
the "Princess Anne Corridor Plan: Lake Ridge"
.
Temporary rtght and left turn lanes on Princess Anne Road are
not identified on submittal plans but are required to serve as
temporary access to the site. Location of temporary turn lanes
wtll be determined at final stte plan review.
This Ordtnance shah be effective tn accordance wtth Sectton 107 (D of the Zoning Ordinance.
Adopted by the Council of the Ctty of Virgtnia Beach, Virgima, on the Twentv-seventh of May Nineteen
Hundred and Ninety-Seven.
Voting: 11-0
Council Members Voting Aye.
John A. Baum, Linwood O. Branch, III, William W. Harrtson, Jr., Harold
Heischober, Barbara M. Henley, Louis R Jones, Reba S McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Councd Members Absent:
None
Councilman Jones DISCLOSED, pursuant to Section 2.1-639.14(G) of the Code of Virginia, he owns
property located adjacent to the Lake Ridge Property and tn close proximity to the parcels on which the
golf course and multi-purpose sports stadium will be constructed. His property is valued in excess of
$10,000. Councilman Jones wished to disclose this interest and declare he was able to participate in the
transaction fairly, objectively and in the public interest. Councilman Jones 'letters of March 25, 1997, and
May 27, 1997, are hereby made a part of the record.
May 27, 1997
- 54-
Item V-M. 6. c.
PUBLIC HEARING
ITEM # 42178
PLANNING
The following spoke in SUPPORT of the apphcatton
Nelson Adcock, 1588 Bay Point Drive, Phone: 496-3407, represented the Hampton Roads Chamber of
Commerce
Mtke Barrett, 1829 Eden Way, Phone: 422-1568, represented the Hampton Roads Soccer Council
Upon motion by Councilman Heischober, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordtnanco upon apphcatton of the CITY OF VIRGINIA BEACH for a Condittonal Use Permtt
ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA
BEACH FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL
FA CILITY OF AN OUTDOOR NATURE (MUL TI-PURPOSE STADIUM
& ASSOCIATED FACILITIES) R05972116
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of the Ctty of Vtrginia Beach for a Conditional
Use Permtt for a recreattonal facthty of an outdoor nature for a
recreattonal facihty of att outdoor nature (multi-purpose stadtum and
associated facthttes) on certain property located 2000feet southeast of the
tntersectton of Princess Anne and Dam Neck Roads. Said parcel contatns
153 acres more or less PRINCESS ANNE BOROUGH.
The following condttton shall be requtred'
A landscape and sign plan shall be submitted for approval to the
Planntng Director prtor to any other required regulatory
revtews Signs should be of a high quahty design consistent wtth
the design recommendattons of the "Princess Anne Corrtdor
Plan Lake Rtdge"
This Ordinance shah be effective in accordance with Section 107 69 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginta, on the Twen_t¥-seventh of May Nineteen
Hundred and Ntnety-Seven.
May 27, 1997
- 55 -
Item V-M. 6. c.
PUBLIC HEARING
ITEM # 42178 (Continued)
PLANNING
Voting' 7-3
Council Members Vottng Aye.
John A Baum, Ltnwood 0 Branch, III, Harold Hetschober, Louts R
Jones, Mayor Meyera E Oberndorf Vtce Mayor William D Sessoms, Jr
and Loutsa M Strayhorn
Council Members Abstained
Wilham W. Harrtson, Jr.
Council Members Vottng Nay.
Barbara M. Henley, Reba S. McClanan and Nancy K Parker
Council Members Absent
None
Counctlman Harrtson ABSTAINED as his law firm represents the Hampton Roads Manners.
Counctlman Jones DISCLOSED, pursuant to Sectton 2 1-639 14(G) of the Code of Vtrgtnta, he owns
property located adjacent to the Lake Rtdge Property and tn close proxtmity to the parcels on whtch the golf
course and multi-purpose sports stachum wtll be constructed His property ts valued tn excess orS1 O, 000
Counctlman Jones wtshed to chsclose this interest and declare he was able to partictpate tn the transaction
fatrly, objectively and tn thepubhc interest CounctlmanJones' letters of March 25, 1997, and May 27, 1997,
are hereby made a part of the record
May 27, 1997
- 56-
Item V-M. 6. d.
PUBLIC HEARING
ITEM # 42179
PLANNING B Y CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED'
Ordinance to AMEND and REORDAIN Section 1521 of the City Zoning
Ordinance re drive-thru facilities in a portion of the RT-3 Resort Tourist
Dtstrict at Arctic Avenue, Winston Salem Avenue and 4th Street, North
of 35th Street (VIRGINIA BEACH BOROUGH)
Voting:
11-0 (By ConsenO
Council Members Voting Aye'
John A Baum, Linwood O. Branch, III, Wilham W Harrison, Jr, HaroM
Heischober, Barbara M Henley, Louts R Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor Wdliam D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 27, 1997
1 REQUESTED BY COUNCILMEMBER LINWOOD O. BRANCH, III
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AN ORDINANCE AMENDING CITY
ZONING ORDINANCE REGULATIONS
PERTAINING TO DRIVE-THROUGH
FACILITIES IN THE RT-3 RESORT
TOURIST DISTRICT
SECTION AMENDED:
1521
CITY ZONING ORDINANCE SECTION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 1521 of the city Zoning Ordinance of the City of
Virginia Beach, Virginia, is hereby amended and reordained to read
as follows:
Sec. 1521. Use regulations [RT-3 Resort Tourist District].
(a) Principal uses and structures: For parcels less than
twenty thousand (20,000) square feet in size, any one (1) of the
following is allowed; provided, however, that except as provided in
subdivision (5.5) of subsection (c). drive-through facilities shall
not be permitted
-~ . ~ ...... ~ use in any portion of the district
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
Auditoriums and assembly halls;
Boat sales;
Business studios, offices, clinics and medical
laboratories;
Bicycle rental establishments;
Child care and child care education centers;
Commercial parking lots, parking garages and
storage garages;
Commercial recreation facilities other than those
of an outdoor nature;
Dwellings, additions to single-family, duplex,
semi-attached, and attached;
Eating and drinking establishments, except as
specified in subsection (c)(6);
Financial institutions;
Funeral homes;
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(12)
(13)
(14)
(15)
(16)
(17)
(18)
Museums and art galleries;
Off-site parking facilities, provided the
provisions of section 1505 are met;
Personal service establishments, including barber
and beauty shops, shoe repair shops, cleaning,
dyeing, laundry, pressing, dressmaking, tailoring
and garment repair shops with processing on the
premises;
Private clubs, lodges, social centers, eleemosynary
establishments and athletic clubs;
Public buildings and grounds;
Public utilities installations and substations
including offices; provided storage or maintenance
facilities shall not be permitted; and provided,
further, that utilities substations, other than
individual transformers, shall be surrounded by a
wall, solid except for entrances and exits, or by a
fence with a screening hedge five (5) to six (6)
feet in height; and provided also, transformer
vaults for underground utilities and the like shall
require only a landscaped screening hedge, solid
except for access opening;
Retail establishments, including the incidental
manufacturing of goods for sale only at retail on
the premises; retail sales and display rooms and
lots, provided that yards for storage of new or
used building materials or yards for any scrap or
salvage operations or for storage or display of any
scrap, salvage or secondhand building materials or
automobile parts shall not be allowed, further
provided that adult bookstores shall be prohibited
from locating within five hundred (500) feet of any
apartment or residential district, single- or
multiple-family dwelling, church, park or school.
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For parcels greater than twenty thousand (20,000) square feet, any
of the following additional uses are allowed and may be used in
combination with any of the permitted uses listed above:
(19) Multifamily dwellings when developed in conjunction
on the same parcel with other allowed uses where
the floor area of the multifamily dwelling does not
exceed seventy (70) percent of the total floor area
of the entire project;
(20) Motels and hotels which may have in conjunction
with them any combination of restaurants, retail
commercial use and convention facilities, provided
that uses in conjunction with hotels and motels may
not occupy more than ten (10) percent of the floor
area of all structures (excluding parking) located
on the lot, and provided further, that drive-
through facilities shall not be permitted as a
principal use in any portion of the district east
of Arctic Avenue, south of Winston-Salem Avenue and
4th Street, or north of 35th Street.
(b) Accessory uses and structures: Uses and structures which
are customarily accessory and clearly incidental and subordinate to
the principal uses and structures; provided, however, that drive-
through facilities shall not be permitted as an accessory use:
(1) An accessory activity operated for profit in a
residential dwelling unit where there is no change
in the outside appearance of the building or
premises or any visible or audible evidence
detectable from outside the building lot, either
permanently or intermittently, of the conduct of
such business except for one (1) nonilluminated
identification sign not more than one (1) square
foot in area mounted flat again against the
residence; where no traffic is generated, including
traffic by commercial delivery vehicles, by such
activity in greater volumes than would normally be
expected in the neighborhood, and any need for
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parking generated by the conduct of such activity
is met off the street and other than in a required
front yard; where the activity is conducted on the
premises which is the bona fide residence of the
principal practitioner, and no person other than
members of the immediate family occupying such
dwelling unit is employed in the activity; where
such activity is conducted only in the principal
structure on the lot; where there are no sales to
the general public of products or merchandise from
the home; and where the activity is specifically
designed or conducted to permit no more than one
(1) patron, customer, or pupil to be present on the
premises at any one time. The following are
specifically prohibited as accessory activities:
Convalescent or nursing homes, tourist homes,
massage parlors, radio or television repair shops,
auto repair shops, or similar establishments.
(c) Conditional uses and structures: Uses and structures
hereinafter specified, subject to compliance with the provisions of
part C of article 2 hereof; and provided, that except as set forth
in subdivision (5.5), drive-through facilities shall not be
permitted as a conditional or accessory use in any portion of the
district east of Arctic Avenue, south of Winston-Salem Avenue and
4th Street, or north of 35th Street:
(1) Automobile and small engine repair establishments,
provided that all repair work shall be performed
within a building;
(2) Automobile service stations; provided that, where
there is an adjoining residential or apartment
district without an intervening street, alley or
permanent open space over twenty-five (25) feet in
width and where lots separated by a district
boundary have adjacent front yards, a six-foot
solid fence shall separate the automobile service
station use from the adjacent residential district
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(3)
(4)
(5)
(5.5)
(6)
(6.1)
(7)
(8)
(9)
(10)
(11)
and no ground sign shall be within fifty (50) feet
of the residential or apartment district;
Car wash facilities, provided that:
(i) No water produced by activities on the zoning
lot shall be permitted to fall upon or drain
across public streets or sidewalks or adjacent
properties;
(ii) A minimum of three (3) off-street parking
spaces for automobiles shall be provided for
each car wash space within the facility;
Churches;
Dormitories for marine pilots;
Drive-through facilities of financial institutions
(i) Alcoholic beYerages ~re serYed;
(iii) ~he establis~'~ent excludes persons
fuel;
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(12) Mini-warehouses, provided that the yard shall be
completely enclosed except for necessary openings
for ingress and egress by a fence or wall not less
than six (6) feet in height;
(13) Motor vehicle sales and rental, provided the
minimum lot size is twenty thousand (20,000) square
feet;
Off-site parking facilities for uses and structures
located within the RT-3 Resort Tourist District,
provided the requirements of Section 203 are met;
(14) Passenger transportation terminals;
(15) Public utility storage or maintenance
installations;
(16) Radio and television broadcasting stations,
cellular telephone antenna and line-of-sight relay
devices;
(17) Recreational and amusement facilities of an outdoor
nature, which may be partially or temporarily
enclosed on a seasonal basis with approval of city
council, provided that, in the development of such
properties, safeguards are provided to preserve and
protect the existing character of adjacent
properties, except that riding academies and
recreational campgrounds shall not be allowed as a
conditional use or otherwise.
(18) Satellite wagering facility.
Adopted by the City Council of the City of Virginia Beach on
27 day of May 1997.
(13.5)
this
CA-6607
Proposed \ 45-dt. Ord
R-2
May 15, 1997
-57-
Item V-N.
APPOINTMENTS
ITEM # 42180
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
COMMUNITY DEVELOPMENT CITIZENS AD VIS ORY COMMI~EE (CA C)
HAMPTON ROADS PLANNING DISTRICT COMMISSION
MEDICAL COLLEGE OF HAMPTON ROADS
SOCIAL SER VICES BOARD
TIDEWATER COMMUNITY COLLEGE BOARD
TIDEWATER REGIONAL GROUP HOME COMMISSION
VIRGINIA BEA CH TOWING AD VISOR Y BOARD
May 27, 1997
- 58 -
Item V-O.
ADJOURNMENT
ITEM # 42181
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 10:13 P.M.
Beverly 0 Hooks, CMC/A~4E
Chief Deputy City Clerk
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginta
May 27, 1997