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JUNE 3, 1997 MINUTESCity of Virginia Beach "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF, At-Larle VICE MAYOR IVILLIAM D SESSOM$. JR. At-Large JOIIN A BAUM, Blacku~tev Borough LINIVOOD 0 BRANCH III V~rgmm Beach Borough IVILLIAM iV HARRISON IR, Lynnhat~ea Borough tIAROLD HEISCHOBER, At Lage BARBARA M HENLEY, Pungo Borough LOUIS R JONES, Baymie Borough REBA S McCLANAN, Pnncess Anne Borough NANCY K PARKER, At I. age lOUISA M STRA YHORN, Kemp~wlle Borough ]AMES K SPORE, C~ty Manager LESLIE L LILLEY, C,ty Atu.ne~ RUTH HODGE8 SM/TH, CMC / AAE, C~ty Clerk CITY COUNCIL AGENDA o~e OUR CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 (757) 427 4303 June 3, 1997 I. BRIEFINQ - Conference Room - 11:00 AM Ae TOURNAMENT PLAYERS CLUB (TPC) - Project Update Councilman William W. Harrison, Jr. II. REVIEW OF AQENDA ITEMS III. CITY COUNCIL CONCERNS IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor Meyera E. Oberndorf 12:30 PM B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION V. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: The Reverend David D. Rieke Avalon Hills Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. ~INIFTES 1. INFORMAL & FORMAL SESSIONS May 27, 1997 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. I. ORDINANCES I · Ordinance to TRANSFER $197,326 from Breathing Apparatus Replacement (CIP #3-040) to Fire/Rescue Station - Creeds (CIP #3-018) to complete construction of the Creeds Fire Station. · Ordinance to authorize a temporary encroachment into a portion of the City's right-of-way of Viking Drive by Stihl, Inc. re installation and maintenance of an underground fiber optic cable. · Ordinance to authorize the City Manager enter into a Lease with Corporate Center Three, L.L.C. and a Sublease with the Virginia Department of Health re office and clinic space (32,635 square feet in the Pembroke Corporate Center Three building) for use by the Virginia State Department of Health (FDH) (BAYSIDE BOROUGH). J. RESOLUTIONS Resolutions re the Virginia Department of Transportation (VDOT): a · Request the Secretary of Transportation for the Commonwealth aggressively pursue Interstate designation for Route 44; and, designate Route 44 as Interstate 264, re better guidance to the motoring public and to assist in the economic development efforts of Virginia Beach (Sponsored by Mayor Meyera E. Oberndorf). be Request a Hazard Elimination Project (approximately 3.2 miles) re Shore Drive Eastbound lanes from the West Gate at Fort Story to 83rd Street; agree the local 10% matching funds will consist of the Virginia Beach Urban Allocation providing $64,680 (98%) with the remaining $1,320 (2%) being paid by the City; and, the City, should it subsequently elect to cancel this project, agrees to reimburse VDOT for the total amount of the costs expended through the cancellation notification date. C · d· Proposed location and major design features of Ken~sville Road, Phase III, VDOT Project #0190-134-V04, as presented at the 23 May 1996 Public Hearing: change from a four- lane divided highway to a six-lane divided highway; determine the necessity of soundwalls as shown at the Public Hearing; and, authorize execution of all necessary utility agreements. Request a project (approximately 2.6 miles) for the improvement of Hollan4 Roa4 from the intersection of Dam Neck Road to the proposed intersection of Ferrell Parkway, Phase V; agree to pay City's share of the total cost for preliminary engineering, right-of-way and construction; and, the City, should it subsequently elect to cancel this project, agrees to reimburse VDOT for the total amount of the costs expended through the cancellation notification date. K. APPOINTMENTS COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE (CAC) HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) MEDICAL COLLEGE OF HAMPTON ROADS SOCIAL SERVICES BOARD TIDEWATER COMMUNITY COLLEGE BOARD TIDEWATER REGIONAL GROUP HOME COMMISSION VIRGINIA BEACH TOWING ADVISORY BOARD UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOIIRNMENT * * * * * * * * * If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) * * * * * * * * * 05/29/97cmd AGENDA\ 06\ 03 \ 97. ITM www. virginia-beach, va. us MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 3, 1997 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING relative the TOURNAMENT PLAYERS CLUB t~PC) in the Council Conference Room, City Hall Building, on Tuesday, June 3, 1997, at 11:00 ,4. M. Council Members Present: John ,4 Baum, William W. Harrison, Jr., Harold Heischober, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members ,4bsent: Vice Mayor William D. Sessoms, Jr. Linwood O. Branch, III Barbara M. Henley Louisa M. Strayhorn [ENTERED' 1:20 P M. BUSINESS APPOINTMENT] [ENTERED: 11:08 A.M] [ENTERED: 11:12 A.M.] [ENTERED: 11.25 A.M.] -2- CITY MANAGER'S BRIEFING TOURNAMENT PLAYERS CLUB ffPC) - PROJECT UPDATE 11:14 A.M. ITEM # 42182 Councilman Harrison and Vice Mayor Sessoms had the honor of working with the Tournament Players Club since City Council's last retreat. Councilman Harrison advised if the amphitheater gave Lake Ridge its cultural dimension, this golf course can give Lake Ridge its true identity. Councilman Harrison reiterated City Council on May 27, 1997, ADOPTED: Ordinance authorizing 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, O00 from CIP #9-260, Economic and Tourism Development Partnerships; and, authorize acquisition of an access point along Princess Anne Road for the proposed project. Ordinance for a Change of Zoning District Classification from 0-2 Office District, B-2 CommuniW Business District, R-lO 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 Prtncess Anne Road and Dam Neck Road, containing 1,112 acres (PRINCESS ANNE B OR 0 UGH); AND, a Conditional Use Permtt for a recreattonal facili~ 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). Councilman Harrison introduced Keith Tomlinson, Vice President - TPC development division of the PGA golf course properties. Mr. Tomlinson has been with the PGA since 1990. Virginia Beach is quite fortunate to be the next golf course on the drawing board for a TPC golf course. Mr. Tomhnson is a graduate of William and Mary. Mr. Tomlinson further introduced Mike Lefiinger, Partner- Potomac Development Associates and Attorney Leslie R. Watson, with the firm of Wolcott and Rivers. Mr. Tomlinson expressed appreciatton to Vice Mayor Sessoms, Council Member Harrison, City Attorney Les Lilley, Commissioner Tim Finshem of the PGA, Don Maxwell - Director of Economic Development, Mark Wawner, Project Development Manager - Department of Economic Development, for their continued diligent efforts in making this project a reahty. The site has tremendous potential with an abundance of sand contained within the soil. The TPC is anticipating an early August commencement of construction. The closest TPC golf course to Virginia Beach is located in a suburb of Potomac, Washington, D.C. There is currently an option for a Nike Tour event. The Iogos will be developed shortly. Phase I will tnclude the golf course, club house, drtving range, maintenance facility, practice putting greens and chipping area. Approximately 600, O00 yards of material within the site will be moved to create the course. This is subject to change depending upon the depth required to grade some of the storage lakes for the irrigation system. June 3, 1997 -3- CITY COUNCIL CONCERNS 11:32 A.M. ITEM # 42183 Mayor Oberndorf advised Vice Mayor Sessoms will be late due to an important business appointment. ITEM # 42184 Mayor Oberndorf referenced memorandum from Robert Matthias advising Council Members and the City a check must accompany a request for the Virginia Beach License Plate. The fee is $60 ($25 registration fee, $25 Va. Beach plate fee and $10 vanity fee). The fee is $50 without the vanity (personalized plates) fee. DMV must be in receipt of same by June Thirtieth. ITEM # 42185 Mayor Oberndorf referenced receipt of a fax from a family in Custer, Wisconsin. The mother and her children had been to Vtrginia Beach some years ago. Mayor Oberndorf recited the beautiful poem, entitled "The Ocean '; written by her 11-year old daughter. Mayor Oberndorf is interested in sponsoring this family for a weekend vacation in Virginia Beach. ITEM # 42186 With reference to City Council's Retreat, Mayor Oberndorf advised the Facilitator's, Lyle Sumek, calendar is rapidly being filled. Mr. Sumek is available August Eighth and Nineth or August Fifteenth and Sixteenth. Mayor Oberndorf requested City Council advise their choice. City Council agreed to August 15 and 16, 1997 for the City Council Retreat. Council Lady Henley suggested the Retreat be scheduled earlier to resolve certain issues. The City Manager will contact Mr. Sumek to determine if there are available earher dates. ITEM # 42187 Council Lady Strayhorn apologized for being late and advised she could not find a parking space. ITEM # 42188 Councilman Jones advised the First Court Road Closure and the Baylake Pines Traffic Light are becoming a major issue. Prior to this item coming before City Council for consideration, a Briefing shouM be SCHEDULED. This BRIEFING will be SCHEDULED for the City Council Session of June 10, 1997. John Herzke, City Engineer, advised a meeting was held with the affected Civic Leagues on April 24, 1997, to respond to concerns. Representatives were in attendance from the Baylake Pines Civic League and the Baylake Park Civic League. The individuals in Baylake Pines, who are directly affected, support the project as it is The residents of Church Point would support the project, but did not want the signal on Baylake Road. There was one citizen who did not want the section of First Court Road closed. Church Point residents believe the signal will attract more people onto First Court Road. June 3, 1997 -4- CITY COUNCIL CONCERNS ITEM # 42189 Council Lady Parker referenced concerns of the Shoreham Square Condominiums relative the noise issue. Councilman Branch advised a meeting was hem with Captain Rohers of the Beach Precinct and he shouM be able to assist the residents. A follow-up meeting is scheduled in approximately two weeks to determine if there has been improvement. Basically, it is the age oM story of residential close to facilities with bands. The City Council cannot issue permits for music in these establishments. These permits are governed by the Alcoholic Beverage Control laws. The City Attorney advised, as far as existing establishments, this statement is correct. For future establishments, with the approval of the zoning, certain conditions can be added. The City noise ordinance shouM apply in this particular case. ITEM # 42190 Council Lady Parker referenced concerns of the adjacent residents relative the noise of the Amphitheater. Council Lady Strayhorn advised the original standard of the sound level, due to the climate, does not seem to be what the residents thought this level wouM be. The 65 dBA does not sound the way it was expected to sound. Council Members Baum and Jones said the music was too loud in the first section (VIP), when they attended functions at the Amphitheater. Councilman Harrison advised the City Council has the authority to amend the noise ordinance. Councd Lady McClanan advised the music is too loud in certatn places, as can be heard in the parla'ng lot of the Landstown Meadows Church. Mayor Oberndorf requested the City Attorney and City Manager provide a report. The City Manager advised monitoring is done during the various programs scheduled at the Amphitheater to control the noise at the source. Voluminous records are kept. Another meeting is schedu, led with the residents to discuss their concerns. The City Manager will investigate and providefurther information. ITEM # 42191 Councilman Baum referenced the ADOPTION of the Lake Ridge Concept Plan. City Council is aware Princess Anne Road might be widened from Landstown Road, Dam Neck Road to the Municipal Center, and same would affect many property owners. This places many tndividuals in "limbo". The City should develop a plan, where the residents may sell their property at a time convenient to them. The City Manager advised City Council has authorized appraisal on properties on the southside. Approximately 10% of the design work has been completed. Once this has been completed up to the 55% level, a number of meetings will be held and the subject of acquisition can be approached with the individuals on the northside. ITEM # 42192 Councilman Jones referenced concerns of individuals involved with the Ferry Plantation House and asked ifa request couM be made for $108,000 of the ISTEA funds, in as much as the $500,000, will not be utilized for the Pungo Trad. Robert Matthias, Assistant to the City Manager, ts attempting to contact VDOT to determine the methodology to transfer this grant. Mr. Matthias will advise. June 3, 1997 -5- CITY COUNCIL CONCERNS ITEM # 42193 Council Lady Strayhorn advised of a second meeting with the residents of Alexandria. The residents reflected concerns. A number of citizens will request City Council consider not granting a Conditional Zoning for their area. They do not wish two sets of apartments in Alexandria. There have been many conferences with the Planning Department to reach a compromise. The community expressed frustration when they had been tom it was to remain single family umts when the first moved into the community. Petitions in opposition will be presented. The applicant wishes to switch the zoning, moving the apartment zoning from the commercial. This matter has not yet come to the Planning Commission. ITEM # 42194 Council Lady Parker referenced the report of the Local Health Services from Dr. Richard Dolenuck - Chair - Health Services Advisory Board, dated May 13, 1997. Councd Lady Parker referenced the local health issue of Attention Deficit Hyperactivity Disorder (ADHD), and how this impacts the school system with the establishment of Special Education Teachers. The prevalence of ADHD is 3-5% among children in the United States, with 2-3% of elementary school-age children in the country receiving medication for ADHD. However, in Virginia Beach, 16.6% of white male children in grades 2-5 receive medication for ADHD. Whether this very high rate is due to an actual increase in ADHD or an unusually high rate of prescribing by area physictans has not been determined. This remains a public health issue to be explored because it affects the workload of school nurses, as well as the health of children in the City's schools. The City Manager will review the report and advise City Council reference this issue. June 3, 1997 -6- AGENDA RE VIEW SESSION 11:05 A.M. ITEM # 42195 Council Lady Parker inquired relative: 1.3. Ordinance to authorize the City Manager enter into a Lease with Corporate Center Three, L.L.C. and a Sublease with the Virginia Department of Health re office and clinic space (32, 635 square feet in the Pembroke Corporate Center Three building) for use by the Virginia State Department of Health (FDH) (BA YSlDE BOROUGH). At the end of the fifteen year lease, over $9-MILLION will have been expended, she inquired if there any way of being able to purchase this facility. The City Manager advised, this is a straight lease. There had been discussion of incorporating this facility into the City's building and they were unable to do so. Council Lady McClanan inquired relative whether the Department was committing to the same level of service presently being provided. The City Manager advised, through consolidation, the department believes they can provide better service. Through cutbacks at the State level, the organization has lost personnel. Part of this effort to consolidate the various offices is to attempt to maximize the service they can still continue to provide. Dr. Dandoy has been concerned for the past two years in terms of the cutbacks at the State level. ITEM # 42196 Councilman Branch inquired if the proposed Resolution concerned the issue of attempting to have Interstate 64 designated as 44 and then route traffic through the Monitor/Merrimac Tunnel and reduce congestion by approximately 15% on 1-64 As the votes were not present on a regional basis, this issue has been abandoned. Mayor Oberndorf advised this proposed Resolution is the next step. Councilman Branch believed the original option was the preferable alternative. Having Route 44 designated as part of the interstate system would make this highway more identifiable to the motoring public, would assist in the City's economic development efforts tnasmuch as many businesses want to be located next to an Interstate Highway, and offer other intangible benefits. Route 44 has been made part of the National Highway System which is the successor to interstate system. Mayor Oberndorf referenced the City of Chesapeake has adopted a Resolution requesting that Route 44 be designated Interstate 264 East. Chesapeake has spoken with Norfolk City Councilman Conle~ Philhps to request Norfolk to vote with Chesapeake and Virginia Beach. 1.a. Resolution re the Virginia Department of Transportation (voor): Request the Secretary of Transportation for the Commonwealth aggressively pursue Interstate designation for Route 44; and, designate Route 44 as Interstate 264, re better guidance to the motoring public and to assist in the economic development efforts of Virginia Beach (Sponsored by Mayor Meyera E. OberndorJ). ITEM # 42197 Council Lady McClanan advised she wished to vote NA Y: 1.b. Resolution re the Virginia Department of Transportation (rOOT): Request a Hazard Elimination Project (approximately 3.2 miles) re Shore Drive Eastbound lanes from the West Gate at Fort Story to 83rd Street; agree the local 10% matching funds will consist of the Virginia Beach Urban Allocation providing $64,680 (98%) with the remaining $1,320 (2%) being paid by the City; and, the City, should it subsequently elect to cancel this project, agrees to reimburse VDOT for the total amount of the costs expended through the cancellation notification date. June 3, 1997 -7- AGENDA RE VIEW SESSION ITEM # 42198 Council Lady Parker inquired relative if homes on the northside will be affected' 1.c. Resolution re the Virginia Department of Transportation (VDOT): Proposed location and major design features of Kempsville Road, Phase III, VDOT Project #0190-134-V04, as presented at the 23 May 1996 Public Hearing: change from a four-lane divided highway to a six-lane divided highway; determine the necessity of soundwalls as shown at the Public Hearing; and, authorize execution of all necessary utility agreements. The City Manager advised homes on the northside would not be affected. ITEM # 42199 BY CONSENSUS, the following items shah compose the CONSENT AGENDA: ORDINANCES 1.1. Ordinance to TRANSFER $197,326from Breathing Apparatus Replacement (CIP #3-040) to Fire/Rescue Station - Creeds (CIP #3-018) to complete construction of the Creeds Fire Station. 1.2. Ordinance to authorize a temporary encroachment into a portion of the City's right-of-way of Viking Drive by Stihl, Inc. re installation and maintenance of an underground fiber optic cable. RESOLUTIONS J. 1 Resolutions re the Virginia Department of Transportation (VDOT): ao Request the Secretary of Transportation for the Commonwealth aggressively pursue Interstate designation for Route 44; and, designate Route 44 as Interstate 264, re better guidance to the motoring public and to assist in the economic development efforts of Virginia Beach (Sponsored by Mayor Meyera E. Oberndorf). Proposed location and major destgn features of Kempsville Road, Phase III, VDOT Project gO190-134-V04, as presented at the 23 May 1996 Public Hearing: change from a four-lane divided highway to a six-lane divided highway; determine the necessity of soundwalls as shown at the Public Hearing; and, authorize execution of all necessary utility agreements. d. Request a project (approximately 2.6 miles) for the improvement of Holland Road from the intersection of Dam Neck Road to the proposed intersection of Ferrell Parkway, Phase V; agree to pay City's share of the total cost for preliminary engtneertng, right-of-way and construction; and, the City, should it subsequently elect to cancel this project, agrees to reimburse VDOT for the total amount of the costs expended through the cancellation notification date June 3, 1997 -8- ITEM # 42200 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, June 3, 1997, at 12:00 NOON. Council Members Present: 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 and Louisa M. Strayhorn Council Members Absent: Vice Mayor William D. Sessoms, Jr. [ENTERED 1:20 P.M. BUSINESS APPOINTMENT] June 3, 1997 -9- ITEM # 42201 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 interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignatton of spectfic public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To Wit: Appointments - Boards and Commissions: Advertising Advisory Committee Hampton Roads Planning District Commission Medical College of Hampton Roads Social Services Board Tidewater Community College Board Tidewater Regional Group Home Commtssion Virginia Beach Towing Advisory Board Performance Evaluation: City Council Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). Acquisition Virgtnia Beach Borough West Neck Creek LEGAL MATTERS. Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). To-Wit: Lake Gaston Water Supply Project Upon motion by Council Lady Parker, seconded by Councilman Baum, City Council voted to proceed into EXECUTIVE SESSION (12:05 P.M.). Voting: lbO 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 and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. June 3, 1997 - 10- FORMAL SESSION VIRGINIA BEA CH CITY COUNCIL June 3, 199 7 2:00 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, June 3, 1997, at 2. O0 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba $ McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Louisa M Strayhorn and Vice Mayor William D. Sessoms, Jr Council Members Absent: None INVOCATION' Reverend David D. Rieke Avalon Hills Baptist Church PLEDGE OF ALLEGL4NCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vtce Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, chsclosed there were no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Central Fidelity Bank. 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. June 3, 1997 -11- Item V-E. CER TIFICA TION OF EXECUTIVE SESSION ITEM # 42202 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, 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 certi, ficatton resolution applies; Only such public business matters as were tdentified in the motion convening the Executive Session were heard, discussed or considered by Vtrginia Beach City Council. Voting: 11-0 Council Members Vottng Aye: John ,4 Baum, Linwood O. Branch, III, William W. Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker, Louisa M. Strayhorn and Vice Mayor William D. Sessoms, Jr Council Members Voting Nay: None Council Members Absent: None June 3, 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 # 42201 Page No. 9 and in accordance with the prowsions 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 Cit~ 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 d~scussed in Executive Session to whmh this certification resolution applies; and, (b) only such public business matters as were ~dentffied in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Rt~th Hodges S~ith, CMC/AAE City Clerk June 3, 1997 - 12- Item V-F. 1 MINUTES ITEM # 42203 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of May 27, 1997. 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, Louisa M. Strayhorn and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None June 3, 1997 - 13- Item V-G. 1. AGENDA FOR FORMAL SESSION ITEM # 42204 BY CONSENSUS, City Councd ADOPTED: AGENDA FOR THE FORMAL SESSION June 3, 1997 - 14- Item V-G.2. ANNOUNCEMENT ITEM # 42205 Mayor Oberndorf recognized: TRA CE Y SANFORD SUMMER LEGISLATIVE INTERN CITY CLERK'S OFFICE Tracey is a student at James Madison University, previously in a degree program at Old Dominion University and will graduate in 1998 with a B.4 in Political Science and Economics. She is a Student Assistant in JMU's Department of Political Science. June 3, 1997 - 15- Item V-I. ORDINANCES ITEM # 42205 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, Ctty Council APPROVED BY CONSENT in ONE MOTION Ordinances 1 and 2. Voting: 11-0 Council Members Voting Aye: John A. Baum, Ltnwood O. Branch, III, William W. Harrtson, Jr, Harold Heischober, Barbara M Henley, Louts 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 June 3, 1997 - 16- Item V-I. 1. ORDINANCES ITEM # 42206 Upon motion by Vice Mayor Sessoms, seconded by Councdman Jones, City Council ADOPTED: Ordinance to TRANSFER $197,326 from Breathing Apparatus Replacement (CIP #3-040) to Fire/Rescue Station - Creeds (CIP #3-018) to complete construction of the Creeds Fire Station. 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. Oberndor~, Nancy K. Parker, Vice Mayor William D Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: None June 3, 1997 AN ORDINANCE TO TRANSFER $197,326 FROM CIP PROJECT 3-040 "BREATHING APPARATUS REPLACEMENT" TO PROJECT 3-018 "FIRE/RESCUE STATION -CREEDS" WHEREAS, the Department of General Services has determined that $197,326 ~n add~bonal resources are needed to complete CIP Project 3-018 "F~re/Rescue Stabon - Creeds," l0 WHEREAS, the F~re Department has ~nd~cated that the breathing apparatus upgrades and replacement programmed ~n CIP Project 3-040 "Breathing Apparatus Replacement" have been completed w~th unencumbered funds ~n the project adequate to meet the funding needs of the F~re Stabon, 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds ~n the amount of $197,326 be transferred to CIP ProJect 3-018 "F~re/Rescue Station - Creeds" from CIP Project 3-040 "Breathing Apparatus Replacement" t4 Th~s ordinance shall be effective on the date of ~ts adopbon Adopted by the Council of the C~ty of V~rg~nla Beach, V~rglnla on the 3 day of 16 June ,1997 17 Approved as to Content 18 ao Walter C Krae~ APPROVED AS TO LEGAL SUFFICIENCY Bjm\d \c~p97~ord gen -17- Item V-I. 2. ORDINANCES ITEM # 42207 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED: Ordinance to authorize a temporary encroachment into a portion of the City's right-of-way of Viking Drive by Stiht, Ina re installation and maintenance of an underground fiber optic cable The following conditions shah be required: 1. The encroachment requested shah be designated as a temporary encroachment. . The temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and tn accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location. . The applicant shah 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 shah be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. . No permission or authority is given to the applicant to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified, nor to permit the maintenance and construction of any encroachment by anyone other than the apphcant. 5. The applicant agrees to maintain said encroachment so as not to become unsightly or a hazard. This temporary encroachment shah terminate upon notice by the City of Virginia Beach to the applicant and, within thtrty (30) days after such notice is given, such temporary encroachment shah be removed from the City's right-of-way known as Viking Drive by the applicant; and the applicant shah bear aH costs and expenses of such removal. The applicant shah obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and aH insurance policies must name the City as additional named insured or loss payee, as appltcable. The applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined smgle limits of such insurance policy or policies. The applicant must provide endorsements providing at least thirty (30) days' written notice to the City prior to the cancellation or termination of, or material change to, any of the tnsurance pohcies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachments. June 3, 1997 - 18- Item V-I.2. ORDINANCES ITEM # 42207 (Continued) 10. 11. The City of Virginia Beach, upon revocation of authority and permission granted, may remove any such temporary encroachment and charge the cost thereof to the apphcant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant 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 applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars (MOO) 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 It is understood and agreed that the applicant 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. The applicant must obtain a permtt from the Development Services Center prtor to commencing any construction within the City's right-of-way. Prior to issuance of a Highway permit, the applicant must post a Performance Bond and show proof of public hability in insurance of a minimum of Five Hundred Thousand Dollars ooo oo) Voting: 11-0 (By ConsenO Council Members Voting Aye. John A. Baum, Linwood O. Branch, III, Wilham 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 Counctl Members Absent: None June 3, 1997 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE RIGHT-OF-WAY OF VIKING DRIVE BY STIHL, INC., ITS ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Stahl, Inc., desires to construct and maintain an underground fiber optic cable wlthan the City's rights-of-way known as Viking Drive, In the City of Varginla Beach, Virginia. WHEREA~, Caty Councal is authorized pursuant to ~ 15.1- 316 and 15.1-893, Code of Vlrganaa, 1950, as amended, to authorize a temporary encroachment upon the Caty's right-of-way 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 authoraty and to the extent thereof contained in ~ 15.1-316 and 15.1-893, Code of Virginia, 1950, as amended Stahl, Inc., its assigns and successors an title is authorized to construct and maantaln a temporary encroachment for an underground faber optac cable an the City's raght-of-way as shown on the plat entitled: "PROPOSED FIBER OPTIC CABLE FOR STIHL INC. 5/1/97 SCALE: 1" = 40' E97-592," a copy of which is on file in the Department of Public Works and to whach reference is made for a more particular descrlptaon; 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 Stihl, Inc., (the "Agreement") whach 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. 33 BE IT FURTHER ORDAINED, that this Ordinance shall not be 34 35 36 37 38 in effect until such time as the authorized officer for Stihl, Inc. and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 3 day of June , 1997. 39 40 ENCROACHMENT PREPARED: 5/21/97 SIGNATURE / -DZP~U~T~XNT APPROVED AS TO LEGAL SUFFICIENCY AND FORM Z nO PROPOSED FIBER OPTIC FOR STIHL INC, CABLE 5/1/97 SCALE: 1"=40' E97-592 'THE sPECTRA GROUP INc. 325 OFFICE SQURE LANE, VA, BCH, VA 23462 1 OF6 V 'Of = 7 H~ PROPOSED FIBER OPTIC FOR STIHL INC. CABLE 5/1/97 SCALE: 1"=40' E97-592 THE SPECTRA GROUP INC. ,325 OFFICE SQURE LANE. VA. BCH. VA 2,:3462 2OF6 J 3old M~ INd ~18 FOR STIHL INO. 5/1/97 SCALE: 1"=40' E97-592 THE SPE~TR,~, 'GROUP INC. 325 OFFICE SQURE LANE, VA, BCH, VA 23462 3OF6 · PROPOSED FIBER OPTIC FOR STIHL INC. 5/1/97 SCALE' 1"=40' CABLE Eg7-592 THE SPECTRA GROUP INC. 325 OFFICE SQURE LANE, VA, BCH, VA 23462 4OF6 V ~ ,~,0 c I,AJ . 0 ~ IN]PI~$V.~ 3DVNIt~IO .~?~ 77¥~$ 1Nd ' PROPOSED FIBER OPTIC CABLE FOR STIHL INC. 5/1/97 SCALE: 1"=40' E97-592 ..... 'I:HE sPEC~'RA GROLJl5 INC'~ 325 OFFICE SQURE LANE, VA, BCH, VA 23462 5OF6 V Z V .13.13~fl ??Yn$ PROPOSED FIBER OPTIC FOR STIHL INC. CABLE 5/1/97 SCALE: I"=40' E97-592 THE SPECTRA GROUP INC. ,325 OFFICESQURE LANE, VA. BCH. VA 23462 6OF 6 'L I I LOCATION MAP FOR ENCROACHMENT OF :iBER OPTIC CABLE INTO ~ING DRIVE BY STIHL, INC. SCALE: 1" = 400' SCALE: 1" = 528~' PREPARED BY P/W ENG. DRAFT. 06-MAY-1997 PREPARED BY VIRGINIA BEACH CRy Attorney's Office THIS AGREEMENT, made this ~ day of ,19)'7, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, GRANTOR, party of the first part, and STIHL, INC., ITS ASSIGNS AND SUCCESSORS IN TITLE, GRANTEE, party of the second part WITNESSETH That, WHEREAS, it is proposed by the party of the second part to construct and maintain a fiber optic cable in the City of Virginia Beach, and WHEREAS, in constructing and maintaining such fiber optic cable, it is necessary that the said party of the second part encroach into a portion of an existing City right of way known as Viking Drive, and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such fiber optic cable within a portion of the · City's fight of way known as Viking Drive 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 fi~rther 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 fight of way known as Viking Drive for the purpose of constructing and maintaining such fiber optic cable 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, alignmem and location and is more particularly described as follows, to wit An area of encroachment into a portion of the City's right of way known as Viking Drive as shown on that certain plat entitled "PROPOSED FIBER OPTIC CABLE FOR STIHL INC 5/1/97 SCALE 1" = 40' E97- 592," a copy of which is attached hereto as Exhibit "A" and to wluch reference is made for a more pamcular 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 Viking Drive 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 The party of the second part agrees to 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 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 responsibdities and liabtlities, vested or contingent, with relation to the encroachment It ~s 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 ~s 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 and show proof of public liability insurance of a minimum of F~ve Hundred Thousand Dollars ($500,000 00) 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 right of way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part, and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100 00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes IN WITNESS WHEREOF, the said STIHL, INC has caused this Agreement to be executed in its corporate name and on its behalf by its president, and its corporate seal to be hereto affixed and duly attested by its corporate secretary with due authority by its board of directors Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the C~ty Manager (SEAL) ATTEST City Clerk (SEAL) ATTEST STIHL, INC President/Authorized Officer Secretary STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit , a Notary Public in and for the City and State aforesaid, do hereby certi~ that , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER, whose name is signed to the foregoing Agreement bearing date on the~ day of , 1997, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of ,1997 Notary Public My Commission Expires APPROVED AS TO LEGAL SUFFICIF--.NCY STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit , a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the ~ day of , 1997, has acknowledged the same before me in my City and State aforesaid GIVEN under my hand this~ day of ,1997 Notary Public My Commission Expires STATE OF CITY OF id~v4i, w~o, ~ecxck,~ , to-wit I, ¥..e.~l,k~x ~o~_o. ~ , a Not~ ~blic in ~d for the Ci~ ~d State ~ore~d, do hereby eeni~ that ~.~ g. ~~c , ~. VP, ~o~~title) on behalf of ST~, ~C, whose n~e is si~ed to the forego~g ~ting, berg date the day of ~4o_u City and State aforesaid Given under my hand this My Commission Expires' ,1997, has acknowledged the same before me in my day of ~0.~ , 1997 Notary Public 200~ - 19- Item V-I.3. ORDINANCES ITEM # 42208 Jim Lawson, Real Estate, and Trish Donahue, Department of Health, responded to City Council concerns. Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to authorize the City Manager enter into a Lease with Corporate Center Three, L.L.C and a Sublease with the Virginia Department of Health re office and clinic space (32, 635 square feet in the Pembroke Corporate Center Three building) for use by the Virginia State Department of Health (FDH) (B~4YSIDE BOROUGH). Voting' 10-1 Councd Members Voting Aye: John ~4. Baum, Linwood O. Branch, III, William W. Harrison, Jr, HaroM Heischober, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Loutsa M. Strayhorn Council Members Voting Nay: Barbara M. Henley Council Members ~lbsent' None June 3, 1997 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE WITH CORPORATE CENTER THREE, L.L.C., AND A SUBLEASE WITH THE VIRGINIA STATE DEPARTMENT OF HEALTH FOR OFFICE AND CLINIC SPACE CONTAINING 32,635 SQUARE FEET IN THE BAYSIDE BOROUGH FOR USE BY THE STATE HEALTH DEPARTMENT. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WHEREAS, the City of Virginia Beach ("the City") desires to enter into a lease agreement (the "Lease") with Corporate Center Three, L.L.C., for the lease of 32,635 square feet of office and clinic space located in the Pembroke Corporate Center Three building at 4452 Corporation Lane, Virginia Beach, Virginia (the "Premises"), for use by the Virginia State Department of Health("VDH"); and WHEREAS, the City further desires to enter into a sublease agreement (the "Sublease") with VDH for the sublease of the ?remlses; and WHEREAS, both the Lease and the Sublease are for terms of fifteen (15) years, with two renewal options of five (5) years per renewal; and WHEREAS, the Lease and the Sublease will assist the City in fulfilling its obligations under ~32.1-30 of the Code of V~rgin~a (1950), as amended (the "Code"), to maintain a local health department; and WHEREAS, funding for the obligations under the Lease and the Sublease is part of the Agreement between the C~ty and VDH in satisfaction of the requirements of ~32.1-31 of the Code. 33 34 35 36 37 38 39 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized and directed to enter into the Lease and Sublease substantially in the forms attached hereto as Exhibit 1 and Exhibit 2, respectively. Adopted by the Council of the City of Virginia Beach, Virginia on the 3 day of June , 1997. 40 41 42 CA-6653 NONC0DE\CA-6653 PREPARED: 5/19/97 APPROVED AS TO CONTENTS SIGNATURE DEPAR~NT APPROVED AS TO LEGAL SUFFICIENCY AND FORM ! CITY ATTORNEY LEASE This LEASE is made this ~ day of /~ ~ C~ 1997, by and between CORPORATE CENTER THREE, L.L.C., a Virginia li(n~' ed liability company (the "Lessor") and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Lessee"). WITNESSETH THAT for and in consideration of the terms, conditions, covenants, promises and agreements herein made, Lessor hereby leases and demises unto Lessee the following described real property (the "demised premises"): 32,635 square feet of rentable space located on the First and Second Floors in the office building known as Pembroke Corporate Center Three, 4452 Corporation Lane, Virginia Beach, Virginia 23462, as shown on Exhibit 1 attached hereto. 1. INITIAL TERM OF LEASE: The demised premises are leased to Lessee for a period of fifteen (15) (years), beginningon the day after the demised premises are completed in accordance with paragraph 5(D) and available for occupancy within seventy-five (75) days after a fully executed copy of this Lease and its component parts, including the sublease, are delivered to Lessor (the "Commencement Date"), but in no event prior to July 1, 1997, and terminating on the 30th day of June, 2012 (the "initial term"). Lessor and Lessee agree to execute a letter establishing and memorializing the Commencement Date of this Lease. 2. RENT: Lessee covenants to pay Lessor the annual sum of FOUR HUNDRED NINETY NINE THOUSAND THREE HUNDRED FIFTEEN AND 56/100 DOLLARS ($499,315.56) as rent for the first two years of the initial term which amount shall be paid in installments of Forty-one Thousand Six Hundred Nine and 63/100 Dollars ($41,609.63) due and payable in arrears at the end of each month beginning on the last day of the month in which the Commencement Date occurs, prorated for any portion of the month that the demised premises are not completed in accordance with paragraph 5(D) and available for occupancy. Commencing with the third year of the initial term the Rent shall be increased by three percent (3%) each year over the rent for the prior year with a like increase annually during the remaining term hereof, with the effective date of such increase being July 1 of each remaining year during the term hereof. Rent shall be made payable to the Lessor and mailed to the Lessor at P. O. Box 2218, Virginia Beach, Virginia 23462, or to such other party and such other place as Lessor may from time to time designate in writing as provided herein. 3. PURPOSE AND USE OF DEMISED PREMISES: The demised premises are leased to the Lessee to be subleased to, and used and occupied by, the VIRGINIA DEPARTMENT OF HEALTH, a department, agency or institution of the Commonwealth of Virginia (the "subleasing agency"), and its agents and employees, for such purposes and uses as it may now or hereafter be empowered by law to use same. 4. ACCESSIBILITY BY THE HANDICAPPED: A. Prior to commencement of the initial term and delivery of possession, Lessor shall certify to Lessee in writing that the demised premises complies with minimum requirements of the Americans with Disabilities Act of 1990 (the "ADA"). In the event the demised premises is not required to comply with the ADA, Lessor shall certify to Lessee in writing that the demised premises complies with minimum requirements of the Virginia Uniform Statewide Building Code pertaining to access by disabled persons. As hereinafter used, the term "the standards" shall mean and incorporate those standards approved by the United State Department of Justice for meeting the minimum requirements of the Americans with Disabilities Act of 1990 or, if applicable, those standards issued or promulgated by the American National Standards Institute, entitled "American National Standard Specifications for Making Buildings and Facilities Accessible to and Usable by Physically Handicapped People", ANSI-A 117.1-1980, and the term "accessible" shall mean accessible to disabled individuals in accordance with the ADA. The minimum Virginia Uniform Statewide Building Code requirements are: If public or private parking is provided, at least one accessible parking space shall be provided as close as possible to an accessible route to the primary building entrance. (2) Walks used as accessible routes to the building shall comply with the standards. (3) An accessible primary entrance to the building shall be at grade or ramped to grade in accordance with the standards. (4) An accessible entrance to the building shall comply with the standards. (5) At least one accessible mute (corridors and doors) to the demised premises shall comply with the standards. (6) If support areas within the building (e.g., lunch rooms, cafeteria, etc.) are used by Lessee, its employees or the public, such areas shall be accessible. (7) If Lessee occupies floors other than the main floor of access to the building, at least one accessible elevator shall be provided. (8) Accessible public rest rooms for each sex shall be provided, preferable on all floors. As a minimum, accessible rest rooms shall be provided on the ground floor or the floor occupied by Lessee if the building is four stories or less in height. If Lessee occupies an area above the fourth floor, accessible public rest rooms for each sex shall be provided on the floor occupied by Lessee. If Lessee occupies more than one floor, at lease one accessible public rest room for each sex shall be provided on at least every fourth floor occupied by Lessee. (9) All corridors, doors and spaces in or about the demised premises and used by the public or employees of Lessee shall be accessible. (10) Directional signs complying with the standards shall be provided directing the public to the demised premises occupied by Lessee. (11) Where the foregoing standards for accessibility by the disabled conflict with or are superseded by state, federal or local laws, ordinances, rules, or regulations setting forth standards for access by the disabled, the more favorable standards for accessibility by the disabled shall govern. DELIVERY OF POSSESSION: A. Lessor covenants to deliver quiet possession of the demised premises at the commencement of the initial term. B. Lessor covenants to deliver the demised premises to Lessee at the commencement of the initial term in good repair and condition, suitable to the purpose and use for which the demised premises are leased. Lessor warrants that all plumbing, heating, air conditioning, electrical and mechanical devices and appliances (if provided by Lessor) and equipment of every kind or nature located upon or serving the demised premises shall be in good repair, condition and working order as of the commencement of the initial tenn. C. Lessor covenants that the demised premises and the building of which the demised premises forms a part have been inspected by an Asbestos Inspector licensed by the Virginia Department of Professional and Occupational Regulations and the building is free of friable asbestos that is not managed under a management plan prepared by an Asbestos Management Planner licensed by the Virginia Department of Professional and Occupational Regulation. D. Prior to occupancy by Lessee, Lessor shall complete to the satisfaction of Lessee the interior finish of the demised premises, including installation of any equipment, fixtures and furnishings, in compliance with the Lessor's Work Letter and Space Plan attached hereto as Exhibit 1. 6. MAINTENANCE: A. Lessor covenants to keep, repair and maintain, at Lessor's expense, the demised premises and all plumbing, heating, air conditioning, electrical and mechanical devices, appliances (if provided by Lessor) and equipment of every kind or nature affixed to or serving the demised premises in good repair, condition and working order, suitable to the purpose and use for which Lessee has leased same, during the initial term and any renewal terms and, if necessary, shall make such alterations, additions and/or modifications of the demised premises and all equipment, electrical and mechanical devices and appliances (if provided by Lessor) thereon or serving same so as to comply at all times with all applicable federal, State and local laws, ordinances, rules and regulations pertaining to health, safety, fire and public welfare. As used herein, the words "repair" and/or "restoration" shall be deemed to include replacement of broken or cracked glass. B. If Lessor fails to keep, repair and maintain the demised premises and all plumbing, heating, air conditioning, electrical and mechanical devices, appliances (if provided by Lessor) and equipment of every kind or nature affixed to or serving the demised premises in good repair, condition and working order as provided in sub-paragraph 6(A), after five (5) days written notice to Lessor, then Lessee, at its option, may either (a) immediately terminate this lease and all obligations hereunder, or (b) proceed to make, or cause to be made, such upkeep, repair and/or maintenance, at Lessor's expense, so as to render the demised premises suitable for the purpose and use for which same are leased, in which event, Lessee may deduct the cost of same from future rent installments as they become due and/or may collect such cost from Lessor in any manner provided by law. C. Lessor covenants to keep and maintain the demised premises and the building of which the demised premises forms a part free of friable asbestos and any other adverse environmental condition which is deemed hazardous to the health or safety of persons entering the building. Lessor covenants to indemnify, defend and hold the Lessee, the subleasing agency and the Commonwealth of Virginia harmless from and against any claims of injury resulting from the presence of friable asbestos or any other adverse environmental condition which is deemed hazardous to the health or safety or persons entering the building. 7. UTILITIES: Lessor shall provide, at Lessor's expense, all heating and air conditioning as conditions require, electricity, water, sewage and trash disposal, and janitorial services and supplies, to and for the demised premises during the initial term and any renewal terms. In the event that any one or more such utilities are not provided or are reduced, other than due to causes beyond the reasonable control of Lessor, and the failure to provide or reduction of same renders the demised premises unsuitable for the purpose and use for which the demised premises are leased, then Lessee, after five (5) days written notice to Lessor, in addition to any other remedy available at law or equity, shall be entitled to deduct from the total rent, or any installment thereof, the per diem rental (prorated for that portion of the demised premises rendered unsuitable) for each day that the demised premises are rendered unsuitable due to the failure to provide or reduction of such utilities, provided any such failure was not caused by Lessee. 8. ALTERATIONS BY LESSEE: At Lessee's expense, Lessee may make such alterations, modifications, additions and/or improvements upon or to the demised premises and may install or remove such fixtures and partitions as Lessee may deem proper; provided, however, that any such alterations shall require the prior written consent of Lessor, which consent shall not be withheld unreasonably and any structural alterations of the roof, foundation or exterior walls shall require the prior written consent of Lessor. All materials used in such alterations, modifications, additions or improvements, and all fixtures and partitions made and/or installed by Lessee shall remain the property of Lessee and, upon termination of this lease, may, at Lessee's option, be removed, provided, Lessee shall repair any damage to the demised premises resulting from such removal such that the portion of the demised premises affected by such removal is restored to as good order and repair as the demised premises was ~n at the beginning of this lease, reasonable wear and tear excepted. 9. DAMAGE OR DESTRUCTION OF DEMISED PREMISES: A. If the demised premises are damaged by fire or other casualty so as to render same, in the opinion of Lessee, untenantable for the purpose or use for which Lessee has leased same, this lease, and all obligations hereunder, shall terminate as of the date of such damage, destruction or casualty upon Lessee's giving notice of that fact to Lessor by certified or registered mail, return receipt requested, as hereinafter provided; and provided that Lessee agrees to remove all of its property from the demised premises within thirty (30) days. B. If the demised premises are damaged by fire or other casualty, but not so as to render same untenantable, in the opinion of Lessee, for the purpose or use for which Lessee has leased the demised premises, upon being so notified by Lessee by certified or registered mail, return receipt requested, Lessor shall repair and restore within a reasonable time, at Lessor's expense, the demised premises to its former condition. In this event, the rent shall be adjusted on a pro rata basis for the period of such repair and restoration for that portion of the premises rendered untenantable for Lessee by the fire or other casualty. As used herein, the words "repair" and "restore" shall be deemed to mean and include replacement of broken, cracked or damaged glass or windows. C. If Lessor fails to make or fails to complete repair and restoration of the demised premises within a reasonable time after Lessee provides notice pursuant to sub-paragraph 9(B), then Lessee, at its option, may either (a) immediately terminate this lease and all obligations hereunder, or (b) proceed to make, or cause to be made, such repair and restoration, at Lessor's expense, in which event, Lessee may deduct the cost of same from future rent installments as they become due and/or may collect such cost from Lessor in any manner provided by Law. 10. RENEWAL OF LEASE: A. Lessee shall have two successive options to renew this lease for terms of five years each commencing at the end of the initial term of this lease. Such options shall be exercised by Lessee giving Lessor notice of the exercise of such option at least six (6) months prior to the expiration of the initial term or the first renewal term, as the case may be. The renewal terms shall be on the same terms and conditions as set forth herein, with the same annual three percent (3%) increase in the Rent and due and payable ~n the same periodic installments as provided in paragraph 2. B. Unless otherwise renewed or terminated as herein provided, at the end of the imtial term this lease shall automatically renew and continue in full force and effect from year to year ("renewal term") at the same annual rental, with the same annual three percent (3%) increase and due and payable in the same periodic installments as provided in paragraph 2, and subject to all terms, conditions, covenants, promises and agreements herein contained. Such year- to-year renewal shall continue to renew automatically unless terminated by either party in such manner and at such time as hereinafter provided for in paragraph 11 (A) termination of the initial term. 11. TERMINATION: A. This lease and any renewal term of this lease may be terminated by either party only upon written notice to the other party by certified or registered mail, return receipt requested, at least six (6) months prior to the expiration of the initial term or any renewal term; otherwise, this lease shall renew and continue as provided in paragraph 1 OB. B. It is understood and agreed between the parties hereto that Lessee shall be bound and obligated hereunder only to the extent that the funds shall have been appropriated and budgeted for the purpose of this lease. In the event that no funds are appropriated and budgeted in any fiscal year for payments due under this lease, Lessee shall immediately notify Lessor of such occurrence and this lease shall terminate on the last day of the fiscal year for which appropriation is received without penalty or expense to Lessee of any kind whatsoever. C. Agencies of the Commonwealth of Virginia cannot expend funds unless appropriated by the Virginia General Assembly and may not obligate a future session of the Virginia General Assembly. Therefore, notwithstanding any provision in this lease to the contrary, if any session of the Virginia General Assembly fails to appropriate funds for the continuance of the Sublease (defined in Attachment No. 1 to this lease) or the federal government fails to appropriate or allocate sufficient funds for the purpose of continuation of the Sublease, this lease and all obligations hereunder shall automatically terminate upon depletion of the then currently appropriated or allocated funds; provided, however, at its option, Lessee may continue this lease on the same terms and conditions for other municipal purposes by giving notice of such continuation to Lessor prior to such termination. D. Notwithstanding any provision in this lease to the contrary, if, by operation of law, the subleasing agency designated in paragraph 3 shall cease to exist or its powers and authority are limited so as not to permit the continued use of the demised premises for the purpose and use for which same is leased, then this lease and all obligations of Lessee hereunder shall terminate; provided, however, at its option, Lessee may continue this lease on the same terms and conditions for other municipal purposes by giving notice of such continuation to Lessor prior to such termination. E. This lease is conditioned upon and subject to all state laws and continuation of the State-local health department affiliation now in existence; and this lease shall be canceled automatically in the event of termination of the State-local health department affiliation now in existence, or in the event the State or Federal government fails to appropriate or allocate sufficient funds for the purpose of continuation of this lease; provided, however, at its option, Lessee may continue this lease on the same terms and conditions for other municipal purposes by giving notice of such continuation to Lessor prior to such termination. F. Upon the occurrence of any of the events described in paragraphs 11 (B), (C), (D) and (E), Lessee shall give notice of such event to Lessor within ten (10) days after Lessee has actual knowledge of such event. 12. NOTICE: A. Any and all notices affecting this lease may be served by the parties hereto, or by their duly authorized agents, as effectively as if same were served by any officer authorized by law to serve such notices. The retum of such party, or its duly authorized agent, showing the time, place and manner of service of such notice shall have the same force and effect in any legal proceedings based thereon as a return of service by any officer authorized by law to serve such notice. B. All notices required by law to be served upon and all notices permitted by this lease to be mailed to a party to this lease shall be served upon or mailed to, as the case may be, the following agents for each party who are hereby appointed and designated as such for the purpose of receiving all such notices: (1) Lessor's agent shall be William H. Thumel, Jr., whose address is: 4452 Corporation Lane, Suite 300, Virginia Beach, Virginia 23462-3173. (2) Lessee's agent shall be James C. Lawson, whose address is Office of Real Estate, Room 170, Operations Building, Municipal Center, Virginia Beach, Virginia 23456. Each party shall immediately notify the other party, in writing, of any change of agents, and no change of agents shall be effective until such notice is given. C. Where under the terms of this lease a notice is required or permitted to be mailed by certified or registered mail, return receipt requested, and such notice is not mailed in such manner, the notice shall be effective if actually received by the party, or its appointed agent, to whom the notice is directed. 13. BINDING UPON SUCCESSORS: A. This lease shall be binding upon the parties hereto and their successors in interests, including but not limited to heirs, assigns, purchasers at lien, deeds of trust, or mortgage foreclosure. B. In the event of foreclosure of any Deed of Trust prior to the expiration of this Lease according to its terms, including any extensions and renewals thereof, Lender or any other successor in interest of the Landlord shall take title to the demised premises subject to the terms, covenants, agreements and conditions of this Lease, and Tenant's quiet and peaceful possession and enjoyment of the demised premises shall not be disturbed. 14. ENTIRE AGREEMENT: This written Lease together with Exhibit 1, Attachment No. 1 and Exhibit A (Sublease), Exhibit B (Non-Disturbance Agreement) and Exhibit C (Certification) to Attachment No. 1, constitutes the entire, full and complete understanding and agreement of the parties, and all representations, conditions, statements, warranties, covenants, promises or agreements previously made or given by either party to the other are hereby expressly merged into this written Lease and the referenced Attachment No. 1 and Exhibits and shall be null, void and without legal effect. 15. MODIFICATION: This Lease shall not be modified, altered or amended except by written agreement executed by the parties hereto with the same formality as this agreement. 16. PARAGRAPH HEADINGS: Headings to the paragraphs are mere catchwords and are illustrative only; they do not form a part of this lease nor are they intended to be used in construing same. 17. ADDITIONAL PROVISIONS: This lease is subject to the terms, conditions, modifications, additions and/or deletions provided in the following designated attachments which are incorporated herein by reference: "Attachment No. 1" 18. EXECUTION: This Lease shall not be effective or binding unless and until signed by both parties. In WITNESS WHEREOF, the parties have affixed their signatures and seals. LESSOR: William H. Thumel, Jr., Managing Member [SEAL] ATTEST: LESSEE: CITY OF VIRGINIA BEACH By: City Manager / Designee City Clerk APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY City Attomey (~/PoJi~hc Works/Real Estate CERTIFIED AS TO AVAILABILITY OF FUNDS: Finance Department lO STATE OF CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me this day of ,1997 by , City Manager/Designee of the City of Virginia Beach 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 on its behalf. Notary Public My commission expires: STATE OF CITY/C~ OF /~/,o/~ t~'~'.,,/c'~ , to-wit: The foregoing instrument was acknowledged before me this /~ ~day of ,1997 by William H. Thumel, Jr., Managing Member of Corporate Center Three, L.L.C., on its behalf. My commission expires: G \data\forms\leasesXcorp3 w4 Rews~on date April 30. 1997 Notary Public 11 LOCATION MAP SCALE: 1" -- 2640' ~g CORPO~~ION LA. S E o 000 O00000 OOOO VIRGINIA BEACH BLVD. LOCATION MAP SHOWING 4452 CORPORATION LANE TO BE LEASED FOR USE BY VIRGINIA DEPARTMENT OF HEALTH SCALE: 1" -- 400' nn Qc3Q N PREPARED BY P/W ENG. DRAFT. 19-MAY-1997 EXHIBIT 1 WORK LETTER - ADDITIONS, CHANGES TO PLANS DATED 3-15-97 LIGHT L-LOCKING DOOR(S) H-SCREW-IN COAT HANGER ON DOOR BACK RM# PURPOSE DOOR FLOOR SWITCH OTHER ITEMS TO BE INCLUDED 101 LAB L Y BY DOOR Modme~ cabmet plar;. I~O~v;'r st'nps along counters. I,ghts under upper cabmets 102 LAB MANAGER L BY DOOR 103 PHLEMBOTOMY Y BY DOOR REMOVE CABINET UNDER COUNTER OPPOSITE SINK PROVIDE ELECTRICAL UNDER COUNTER 104 BATHROOM H Y BY DOOR EACH TO HAVE SOAP DISPENSER. ELECTRIC HAND DRYER. TOILET ROLL DISPENSER. MIRROR 106 BATHROOM H Y BY DOOR ~CH TO HAVE SOAP DISPENSER. ELECTRIC HAND DRYER. TOIL~ ROLL DISPENSER. MIRROR 107 COUNSEL BY DOOR ADD TELEPHON~DATA OUTLET 108 COUNSEL BY DOOR 109 WAIT AREA L BY DOOR AR~ TO HAVE VINYL WALL UPG~DE. LOCKING. SLIDING G~SS WIN~W sv uoo IMMI Y BY DOOR CORRIDOR VINYL WALL COVERING UPG~DE. CHAIR ~lL EXAM H Y BY DOOR EXAM H Y BY DOOR EXAM H Y BY DOOR PHYSICIAN L,H BY DOOR EXAM H Y BY DOOR EXAM H Y BY DOOR COU.SEL H BY DOOR COU.SEL H BY DOOR UPG~DE VINYL WALL COVER, CHAIR ~IL 114 115 116 117 118 119 120 121 122 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 CORRIDOR NURSE STATION UTILITY ROOM NURSE STATION DENTAL WAITING DENTIST OFFICE ~- PREP AREA DENTAL OPEN AREA OPERATORY OPERATORY L,H Y BY DOOR L Y Y REMOVE COUNTER LOWER CABINETS ON LONG SIDE KEEP UPPER CABINETS Y PROVIDE WlN~W DRESSINGS (BLINDS) Y Y PANOR~ ROOM EXAM ~10 H Y EXAM ~9 H Y CORRIDOR UPG~DE VINYL WALL COVER, CHAIR ~IL EXAM ~8 H Y BY DOOR EXAM ~7 H Y BY DOOR MULTIPURPOSE BY DOOR 148 RECORDS 149 PH~MBOTOMY ' ' ~'"r~ ~:,'=~.~1B~ D~~O~ ~N~ UNDER ~U~ ~~ SI~ ~E ~1~ UNDER ~m~.~ . · ......... k..,J u. ~ .= ~ ..... ~t ....... ,I ..... iiI · . ............... , ~ 150 BATHROOM H Y BY DOOR ~CH TO HAVE SOAP DISPENSER, ELECTRIC HAND DRYER, TOIL~ ROLL DISPENSER, MIRROR 151 EXAM ~1 Y BY DOOR 152 CORRIDOR BY DOOR CYPHERLOCK 153 CORRIDOR BY DOOR CYPHERLOCK 155 BATHROOM H Y BY DOOR ~CH TO HAVE SOAP D~SPE~SER, ELECTmC HAND DRYER, TO~LET ROLL D~SPE~SER. M~RROR 156 BATHROOM H Y BY DOOR ~CH TO HAVE SOAP DISPENSER ELECTRIC HAND DRYER, TOIL~ ROLL DISPENSER. MIRROR 157 PHLEMBOTOMY Y BY DOOR REMOVE CABINET UNDER COUNTER OPPOSITE SINK. PROVIDE ELECTRICAL UNDER COUNTER 158 PHLEMBOTOMY BY DOOR 159 .... ,., ,, .~ ,. ~,,~_,~ ,- ~ ..... , ....... .~, ,.=,.~ ~, ,, , . . , ..... ~,,.~.-. ..... ~,.-~,..,.. , , ~. 160 HEIGHT~EIGHT Y 161 WAIT AREA UPG~DE WNYL WALL COVERING, CHAIR ~JL 162 WAIT AREA BY DOOR UPG~DE WNYL WALL COVERtNG CHAtR ~JL EXHIBIT 1 WORK LETrER - ADDITIONS, CHANGES TO PLANS DATED 3-15-97 LIGHT L-LOCKING DOOR(S). H-SCREW-IN COAT HANGER ON DOOR BACK RM# PURPOSE DOOR FLOOR SWITCH OTHER ITEMS TO BE INCLUDED 163 RECEPTION 165 TRAIN AREA UPGRADE VINYL WALL COVERING. CHAIR RAIL 166 NUTRITIONIST L.H BY DOOR 167 NUTRITIONIST L.H BY DOOR 168 NUTRITIONIST L.H BY DOOR ',.-- -~ r .... ~.-~-..~ ~ . . · ............... j..~ ~ ~ t ,. ~ ~' --~.,~-~- ~ ~,-~ 170 NUTRITIONIST L,H ElY DOOR 171 NUTRITIONIST AS L,H BY DOOR 172 NUTRITIONIST AS L,H 173 PT TIME NUTR. AS L,H BY DOOR 175 CORRIDOR 176 OFFICE BY DOOR 177 OFFICE BY DOOR 178 OFFICE BY DOOR : ........................ ! · _ I 'em i~ i ~ _ _ i~1~ ..... . 180 WlC RECORDS L BY DOOR 181 OFFICE SERVICES L,H BY DOOR 182 SUPPLY L BY DOOR 183 CORRIDOR 185 CONFERENCE ROOM BY DOOR 186 COPWF~ 187 NURSE SUPERVIS L,H BY DOOR 188 NURSES OFFICES BY DOOR ~!89 NURSES,O~iC~~_~.:~~~.~~ 190 OFFICE H BY DOOR 191 NURSE SUPEPRVI L.H BY DOOR 112.3 PHARMACY L.H BY DOOR W~N~W SHOULD aE SLIDING G~SS. LOCKING SECOND FLOOR 201 VITAL STATS L BY DOOR 202 VITAL RECORDS L BY DOOR 203 OFFICE BY DOOR 205 CORRIDOR 206 CLOSET BY DOOR 207 CORRIDOR 208 CONFERENCE BY DOOR 210 ANGLE BY DOOR 211 DANDOY BY DOOR 212 EHS BY DOOR 213 EHS BY DOOR 215 CORRIDOR 216 ENV OLERICAL 217 RECORDS L BY DOOR 218 EHS 220 EHS SUPER g BY DOOR 221 EHS SUPER L BY DOOR 222 EHS SUPER L BY DOOR 223 MAP L BY DOOR ....................~ ..... r,~ .... ~- ~R~ - : ~,:~. ~Y,~-~ - ' .............. .':.',~',-.~ ~'".~ ~,-- . ~ ~' ~-,.".~ ..... :,~'~'~"~' 225 OSS/RUTH L,H BY DOOR LOCKING ~OR 3~R I I INPHIRRFAK R~ L Y BY DOOR VINYL WALL COVERING UPG~DE EXHIBIT 1 WORK LETFER - ADDITIONS, CHANGES TO PLANS DATED 3-15-97 LIGHT L-LOCKING DOOR(S) H-SCREW-IN COAT HANGER ON DOOR BACK RM# PURPOSE DOOR FLOOR SWITCH OTHER ITEMS TO BE INCLUDED 226 'LUNCI-i/BR~AK ROOM (CON' Y .... 227 CONFERENCE L 229 NURSE SUPERVIS L,H BY DOOR 230 NURSES 2:31 OFFICE BY DOOR 2:32 OFFICE BY DOOR 235 NURSE SUPERVIS L,H BY DOOR 236 OFFICE BY DOOR 237 OPEN AR~ 239 CORRIDOR 240 CORRIDOR 241 COMPUTE~EL R L BY DOOR 242 PST H BY DOOR 244 CORRIDOR 245 CORRIDOR 246 X-RAY L BY DOOR 247 SUPPLY CLOSET L BY DOOR 249 FISCAL TECH SR L,H BY DOOR 250 OFFICE L,H BY DOOR 251 WlC SUPER L,H BY DOOR 252 OFFICE L,H BY DOOR 254 SUPPLY L 255 OFFICE 256 LIBRARY 257 CORRIDOR 259 STOCK RM L,H 260 OFFICE L BY DOOR BY DOOR BY DOOR EXHIBIT I WORK LETI'ER - ADDITIONS, CHANGES TO PLANS DATED 3-15-97 GENERAL NOTES: 1 Transition strips between carpet and floor to match vinyl base color. 2 W~ndow treatments/bhnds will be provided for all areas with windows, including dental 3 All 5' partibon walls to have finished grade wood plate (cap and casing) to be painted. 4 Each room to have own light switch. Light switch to operate overhead lights to be placed by office door on inside of room. 5 Light fixtures and a~r conditioner diffusers to be spaced evenly within rooms and not straddle walls. 6 All doors to have appropriate wall mounted door stops budt-in. 7 All bathrooms to be equipped with soap dispenser, electric hand dryer, toilet roll dispenser, rmrror and exhaust fans. 8 All other rooms with sinks to be equipped with soap d~spenser, papertowel d~spenser. 9 Chair rails to be provided in all waiting areas and cllimc hallways to reduce wear, tear on walls. 10 Remove and replace all damaged ceiling tiles, window treatments. 11 Lab to be only room to have upgrade sheet vinyl flooring (TARKE'i-i', light beige 18319) Move cabInets from wall adjacent to corridor (#152) to back wall. Move cabinets under counter on back wall to wall with windows. Make center counter island accessible from both sides Counter height in lab and phlembotomy rooms (#101,103,149,157,158) to be 37 inches high 12 All areas behind s~nks to have formica splashguard in color and material matching counter. 13 Vacuum pump and compressor will be located in room 135. 14 All work surface counters require wire access grommets with sleeves. Tenant to indicate quantity. 15 Two keys for each (noncypher) locking door to be provided to tenant. 16 Two master keys to access all doors to be provided to tenant. 17 Cabinet perspectives on page 6 of plan do not reflect location or changes in Plan pages 1-5 Use plan pages 1-5 for accurate cabinet placement and changes. 18 Add screw-in coat hangers on door back as shown ~n previous pages. 19 VeT Flooring to be installed in all rooms marked 'Y' on previous pages, excepting lab. See Note 11. ELECTRICAL: Maintain and do not remove any electrical as shown on plan. Add all appropriate electrical and telephone as shown ~n the Plan and in this Work Letter. COLOR SELECTIONS BY TENANT: CARPET - ALADDIN CENTRAM III, TEAL COLOR WALL COVER - STANDARD BREWSTER, 1502-69, 12 OZ WEIGHT, TYPE 1 PAINT - IVORY SAMPLER, 8250W, DURON (All first floor should be sem~-gloss finish) PAINT F/Chair Rails and 5 ft parbtion toppers to be SWEPT PLAINS, 8253M, DURON - EGG SHELL FINISH VCT - TARKETT BISQUE/SHELL/BROWN/6437 COUNTERTOPS - ARCTIC GALAXY 4506-60 BY WILSON ART INITIALED AS TO CONTENT: ~,/',2~~'--"~ The Space Plan identified below is hereby incorporated by reference: "VIRGINIA BEACH DEPT. OF HEALTH, CORPORATE CENTER III - FIRST & SECOND FLOORS, 4452 Corporation Lane, Virginia Beach, VA", dated March 15, 1997, prepared by Webster Designs consisting of 6 pages. ATTACHMENT NO. 1 ADDENDUM TO LEASE THiS ADDENDUM TO LEASE is made this 2. ~0~) /]~ l day of 0. ,1997, by and between CORPORATE CENTER THREE, L.L.C., a Virginia limited liability company ("Lessor") and CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Lessee"), and amends that certain Lease (the "Lease") of even date herewith between Lessor and Lessee for the lease of 32,635 square feet of rentable space located on the First and Second Floors in the office building (the "Building") known as Pembroke Corporate Center Three, 4452 Corporation Lane, Virginia Beach, Virginia 23462 (the "Premises"), as follows: Lessor acknowledges and agrees that Lessee may sublease the Premises to the V~rg~ma State Department of Health (the "VDH") by instrument substantially in the form attached hereto as Exhibit A (the "Sublease"). Upon execution of the Sublease, Lessor agrees to recognize and treat the VDH as the "Lessee" under the Lease, and the VDH shall be entitled to quiet enjoyment and possession of the Premises, subject, however to the terms of the Lease. All provisions, representations, warranties and covenants contained in the Lease made by Lessor or benefitting Lessee shall nm to the benefit of and be enforceable by the VDH directly against Lessor during the term of the Sublease. , Lessee's obligations under the Lease are contingent upon Lessee's sublease of the Premises to the VDH. Upon termination of the Sublease, the Lease shall terminate as set forth in the Lease; provided, however, at its option, Lessee may continue the Lease on the same terms and conditions for other municipal purposes by giving notice of such continuation to Lessor prior to such termination; provided, however, that if there is a change in the use of the Premises resulting from the occurrence of any of the events described in paragraphs 11(C), (D) or (E) of the Lease, such change in use shall be subject to the written consent of Lessor, which consent shall not be withheld unreasonably. . Lessor shall provide a mutually acceptable reserved parking space near a central entrance to the Building designated with a sign that reads "Virginia Beach Department of Public Health Employee of the Year". Additionally, Lessor and Lessee shall mutually agree upon the location of five (5) contiguous parking spaces in the parking lot serving the Building to be reserved for the VDH community mobile van with appropriate signage. . On or before the date of occupancy, copies of emergency evacuation plans for each clinic room, complete with location plan and clearly marked exits shall be provided by Lessor to Lessee. . Lessor acknowledges that current business and clinic hours for the VDH are 8:15 a.m. to 10:00 p.m. Monday through Thursday, 8:15 a.m. to 5:00 p.m. Friday, and variable alternate on Saturdays, and agrees that the VDH shall have unrestricted access to the Building and the Premises at these and all other times, subject to security and utility provisions contained elsewhere in the Lease. o As a clarification to paragraph 7 of the Lease, Lessor and Lessee agree that a "Hobbs Meter" shall be installed by Lessor for each heating and air conditioning zone in the Premises to control Lessee's excess use of electricity for heating and air conditioning. Lessor and Lessee agree to review the actual usage and required electricity needs of Lessee for heating and air conditioning every six (6) months during the term of the Lease to adjust, if necessary, any unusual usage needs which would require heating and air conditioning to be provided by Lessor to the clinic areas and the administrative and business offices of the Premises for periods in excess of nine (9) successive hours per day Monday through Friday and to the clinic areas of the Premises for usage in excess of an additional twenty-five (25) hours per week average as controlled by the "Hobbs Meters" in the clinic area. ,, At least thirty (30) days prior to occupancy, Lessor shall provide Lessee with access to the Premises for installation of cable, telephone and other utilities and activities related to set-up, preparation and move-in. , At its expense, Lessor agrees to provide the following: (a) first floor lobby directory listing departments, floors and room numbers; (b) keyless entry keypad combination locks for all staff bathroom and entrances into the Premises; (c) interior and exterior signs clearly marking all major entrances and exits used solely by the VDH and internal signs identifying function and room number which signs shall be approved as to specifications, design, fabrication and placement by the VDH business manager. o Within 15 days of occupancy, Lessor will provide Lessee with a general contractor to hang or place bulletin boards, framed posters/pictures, clocks and other wall furnishings ~n the Premises. 10. Prior to occupancy, Lessor will provide Lessee with a copy of the cleaning specifications for the Building, Building maintenance schedule, Building refuse schedule and Building security services. 11. A. Lessor represents and warrants that the Premises are not subject to the lien of any mortgage or deed of trust or any other lien resulting from any other method of financing except the following: Deed of Trust, Assignment of Rents and Security Agreement dated July 31, 1996, from Lessor to Roy R. Morris and Phillip M. Schwartz, Trustees, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia un Deed Book 3644, at page 1616, securing the original principal amount of $1,850,000.00 and related security insmnnents, (collectively, the "Deed of Trust"). A Non-Disturbance Agreement from the noteholder/lienor under the Deed of Trust is attached hereto as Exhibit B. B. Lessee agrees that its fights under the Lease and the rights of Lessee and the VDH under the Sublease shall be subordinated to the lien of any mortgage or deed of trust or any other lien resulting from any other method of financing or refinancing hereafter encumbering the land and buildings on which the Premises are situated and to all advances made thereunder, provided, however, that, in consideration thereof, first or simultaneously, Lessee and/or the VDH shall be provided an agreement from the person or entity to whose interest the Lease and/or the Sublease shall be subordinated stating that, provided no default by Lessee and/or the VDH has occurred and is continuing hereunder, (1) Lessee's tenancy and/or that of the VDH under the Sublease shall not be disturbed nor shall the Lease or the Sublease be affected by any default under such mortgage, deed of trust or other lien resulting from any other method of financing, (2) in the event of a foreclosure or other enforcement of any such mortgage, deed of trust or other lien resulting fi'om any other method of financing, or sale in lieu thereof, the purchaser at foreclosure or other sale shall be bound to Lessee and/or the VDH for the term of the Lease and/or the Sublease and any extensions thereof and the rights of Lessee and/or the VDH thereunder shall expressly survive. Lessee and Lessor agree to execute and return any requested subordination, attormnent and/or non- disturbance agreement related to any such financing or refinancing within thirty (30) days after request ~s made therefor; provided, however good faith negotiations as to the language contained in any such agreement may extend such time. C. At any time prior to the expiration of the term of the Lease and any renewals thereof, Lessee agrees that it will attorn to any purchaser of the Premises and recognize such purchaser as the Lessor under the Lease upon the then executory terms and conditions of the Lease for the remainder of the term of the Lease and any renewals thereof, provided that such purchaser shall then be entitled to possession of the Premises subject to the provisions of the Lease. 12. A. Any property of any kind stored or placed by Lessee or the VDH, or any officer, employee, agent, contractor, licensee, guest, ~nvitee, customer or visitor of Lessee or the VDH in or about the Premises, including, but not limited to, any equipment owned, leased from third parties or otherwise used by Lessee or the VDH (other than equipment provided by Lessor pursuant to the Lease), shall be at the sole risk of Lessee, or the VDH, as the case may be, and Lessor shall not in any manner be held responsible therefor except for acts or negligence of lessor, its members, officers, employees, agents or contractors. Be Lessor and Lessee acknowledge that the VDH will treat or deal with injuries and diseases, including but not limited to, communicable and/or life threatening illness and disease. Anything in the Lease to the contrary notwithstanding, the VDH shall be responsible for the proper disposal of medicines, medical waste and hazardous or environmentally dangerous substances, including narcotics and other medications, used by the VDH or resulting from the conduct of the business of the VDH in or about the Premises. C. Lessor acknowledges that Lessee and the VDH are self-insured and/or may have defenses or other limitations either under the Virginia Tort Claims Act or by way of sovereign immunity. To the extent permitted by law, Lessee shall be responsible for any and all liabilities, claims, demands, actions, costs, and expenses arising out of any injury to or death of persons and for any loss of or damage to property caused by the negligence or omissions of the agents, employees, visitors, invitees, or customers of Lessee. Pursuant to the Sublease, to the extent permitted by the Virginia Tort Claims Act, the VDH shall be responsible for any and all liabilities, claims, demands, actions, costs, and expenses arising out of any injury to or death of persons and for any loss of or damage to property caused by the negligence or omissions of the agents, employees, visitors, invitees, or customers of the VDH. 13. During the term of the Lease, Lessor agrees as follows: A. Lessor 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 Lessor. Lessor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. Lessor, in all solicitations or advertisements for employees placed by or on behalf of Lessor, will state that Lessor 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. D. Lessor will include provisions of the foregoing subparagraphs 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. 14. APPLICABLE LAW/COMPLIANCE WITH ALL LAWS/VENUE A. Applicable Law: The Lease 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, the Lease shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia. B. (~0mpliance with All Laws: Lessor shall comply with all federal, state and local statutes, ordinances, and regulations now in effect or hereafter adopted, in the performance of its obligations under the Lease. Lessor represents that it possesses all necessary licenses and permits required to conduct its business and will acquire any additional licenses and permits necessary for performance of its obligations under the Lease. Lessor further expressly represents that it is a limited liability company in good standing in the Commonwealth of Virginia and will remain in good standing throughout the term of the Lease. C. Venue: Any and all suits for any claims or for any and every breach or dispute arising out of the Lease shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach. 15. The certifications attached hereto as Exhibit C are made for the purpose of ~nducing the VDH to sublease the Premises from Lessee and Lessee to lease the Premises from Lessor. 16. After the seventh (7th) lease year, and at the end of the original term and at the end of the first renewal term, if this Lease is renewed pursuant to paragraph 10A, at the request of Lessee, Lessor shall make necessary improvements as requested by Lessee not to exceed $2.50 per square foot of the Premises for repainting, re-tiling, refurbishing and/or recarpeting all or any portion of the Premises. 17. Lessor hereby grants Lessee the right of first refusal to lease and sublease other space which becomes available for lease in the Building during the term of the Lease. Lessee shall have sixty (60) days from notification of the availability of such space to exercise the fight of first refusal. If exercised, the rent for the additional space shall be the same per square foot rate as the then current rate for the Premises, and the terms and provisions of the Lease shall apply to the additional space. 18. Lessor shall pay all real estate taxes which are due on the Premises and which arise out of Lessor's interest in the Lease. 19. At its expense, Lessor shall provide general janitorial service for the Premises which shall include garbage and waste paper collection, restroom cleaning, vacuuming and other standard cleaning and janitorial services on a daily basis and supply janitorial supplies, including a reasonable allotment of paper towels, hand soap, toilet paper and other janitorial supplies as needed by the VDH for the intended use of the Premises. Lessor shall be entitled to charge Lessee for excessive use of such supplies. Ail medical clean-up and hazardous materials handling will be the responsibility of the VDH under the Sublease as provided in Section 12(B) above and are not included in the janitorial service provided by Lessor. 20. At its expense, Lessor shall provide an electronic security system which is appropriate for a normal commercial office building only and parking security on a daily roving patrol basis. Security for medications, including narcotics, shall be the responsibility of Lessee. 21. Unless renewed pursuant to Section 10 of the Lease, Lessor shall have the right to place "For Rent" or "Space Available" signs outside the entrance to the Premises during the last six (6) months of the initial or any renewal tenn. Lessor, its agents or assigns, upon reasonable notice to and consent by the VDH (or Lessee, if the VDH is not in possession of the Premises under the Sublease), may show the Premises to bona fide prospective tenants and purchasers during the business hours maintained by the VDH (or Lessee, if the VDH is not in possession of the Premises under the Sublease), and at such other times during this tenancy as the VDH (or Lessee, if the VDH is not in possession of the Premises under the Sublease) may permit. Such showings shall not interfere with the conduct of Lessee's business operations, however, and due to the confidential nature of certain business records and the required privacy of clinic patient examination areas, those areas may be inaccessible when in use. 22. A Memorandum of Lease shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, to evidence the existence and required terms of the Lease. The Lease shall not be recorded without the written consent of Lessor and Lessee. WITNESS the following signatures: LANDLORD: CORPORATE CENTER THREE, L.L.C. a Virginia limited liability company M lan ia g i ng ~v~ehmU ~nee~' J r ' (SEAL) ATTEST: By. CITY CLERK CITY: CITY OF VIRGINIA BEACH a municipal corporation By CITY MANAGER/DESIGNEE APPROVED AS TO CONTENT: FPU~LIC WORK~/REAL ESTATE CERTIFIED AS TO AVAILABILITY OF FUNDS: FINANCE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY: CITY AYTOKNEY G \ LEASESL~.TTACH#1 v5 Revmon Date April 30, 1997 l0 EXHIBIT A SUBLEASE THIS SUBLEASE, entered into this day of 1997, by and between THE CITY OF VIRGINIA BEACH (the "City"), and the VIRGINIA STATE DEPARTMENT OF HEALTH (the "VDH"): W I T N E S S E T H-. That on and subject to the terms and provisions of that certain Lease of even date herewith between Corporate Center Three, L. L. C. (the "Landlord"), and the City (the "Lease"), a copy of which is attached hereto and incorporated herein, the City doth sublet unto the VDH, the following property, to-wit: 32,635 square feet of rentable space located on the First and Second Floors in the office building known as Pembroke Corporate Center Three, 4452 Corporation Lane, Virginia Beach, Virginia 23462 (the "Premises" ) . The Premises are hereby leased to be used and occupied by the VDH and its agent or agents for such purpose or purposes as the VDH may now or hereafter be empowered by law to use the same, in any or all of the undertakings of the VDH and its agents or affiliates. This Sublease shall coincide with the term of the Lease and the rent payable hereunder shall be in the amount and payable by the VDH as set forth in the Lease. 1. Subject to the terms and provisions of the Lease, the City covenants and agrees that it will require the Landlord to do or permit the following: A. To deliver quiet possession of the Premises to the VDH on the effective date of this Sublease. B. To deliver the Premises in good repair suitable to the use for which they are leased and warrant that all plumbing, heating, air-conditioning, electrical and mechanical devices and appliances (if provided by the Landlord) of every nature upon the Premises are in good repair and working order. C. To keep the Premises and all plumbing, heating, air- conditioning, electrical and mechanical devices and appliances (if provided by the Landlord) of every nature upon the Premises in good repair and in working order at the expense of the Landlord during the tenancy of this Sublease and to provide heat, air-conditioning, electricity, water and sewer, and janitorial services on the Premises at the Landlord's expense during the tenancy of this Sublease. D. If the Premises are damaged by fire or otherwise, but not so as to render the Premises untenantable, upon being notified so to do by the VDH or its duly authorized agent, to repair and restore, as promptly as possible, the Premises to their former condition, in which event there shall be a prorata abatement of the rent for the period during which the repairs and restoration are being completed, for the portion of the Premises not usable by the VDH during such period. E. That in the event of the failure of the City or the Landlord to make such repairs and restoration within a reasonable time after notice, then the VDH may terminate this Sublease or proceed to make, or cause to be made, such repairs at the expense of the Landlord and deduct the cost thereof from ensuing rentals as they become due or collect such cost from the Landlord in any manner which may be provided by law. F. To equip and make such alterations and additions to the Premises and the equipment therein belonging to the Landlord as shall be necessary at all times to comply with the provisions of Federal, State and Local laws, ordinances, and regulations pertaining to health, safety, fire, and public welfare. G. The VDH may make such alterations, modifications, additions and/or improvements upon or to the Premises and may install or remove such fixtures and partitions as the VDH may deem proper; provided, however, that any such alterations shall require the prior written consent of the Landlord, which consent shall not be withheld unreasonably, and any structural alterations of the roof, foundation or exterior walls shall require the prior written consent of the Landlord. All materials used in such alterations, modifications, additions or improvements, and all fixtures and partitions made and/or installed by the VDH shall remain the property of VDH and, upon termination of this Sublease, may, at the VDH's option, be removed. 2. The VDH covenants and agrees: A. To pay the rent herein provided for in the manner herein provided, without the necessity of demand being made therefor by the City. B. At the termination of this Sublease, to deliver peacefully the Premises in as good order and repair as the same was at the beginning of this Sublease, reasonable wear and tear excepted, subject to the agreement of the Landlord to make repairs and restoration as elsewhere herein provided. 3. It is mutually covenanted and agreed by the City and the VDH subject to the terms of the Lease: A. That for the purpose of this Sublease, it is mutually understood and agreed that where the words 'repairs' and/or ,restoration' are used, the same shall be deemed to include the replacement of broken or cracked glass. B. That if the Premises be so damaged by fire or otherwise as to render the same, in the opinion of the VDH, untenantable, for the purpose or use the VDH has subleased same, this Sublease shall terminate as of the date of such damage, destruction or casualty upon the VDH's giving written notice of that fact to the City at the address set forth below; and provided that the VDH agrees to remove0 all of its property from the Premises within thirty (30) days. C. That in the event that by operation of law the VDH shall cease to exist, or the powers of the VDH shall be so construed as not to permit the VDH to continue to use the Premises herein demised for the purpose for which they shall have been used, then in that event, this Sublease and all responsibility and liability of the VDH of whatever kind hereunder shall terminate. D. That a written notice of seven (7) months shall be given by the VDH should it desire to vacate the Premises at the termination of this Sublease and should the City desire possession at the termination of this Lease, a six (6) month notice shall be required to be given by the City; and in the event no such notice is given by either party, then this Sublease shall continue in force from year to year at the same annual rental and subject to all the terms, conditions, and covenants herein contained. E. That any and all notices affecting this Sublease may be served by the parties hereto or their duly authorized agents, as effectively as if the same were served by any officer authorized by law to serve notices; and the return of such person of the time and manner of the service thereof shall have the same force and effect as to any legal proceedings based thereon as the return of any officer authorized by law to serve notices. F. This written Sublease constitutes the entire agreement between the City and the VDH regarding the demise of the property herein described and no agent of either party has any authority to alter, amend, or waive any of the terms hereof, unless such amendment be in writing and consented to and signatured by the parties hereto. 4. The City hereby designates: James C. Lawson whose address is: Office of Real Estate, Room 170 Operations Building Virginia Beach, Virginia 23456 as the agent of the City and directs that any and all notices hereunder, when served upon the said Agent, shall have the same force and effect as if served upon the City in person; and the VDH hereby designates: Virginia Beach Health Department whose address is: 4452 Corporation Lane Virginia Beach, Virginia 23462 as the Agent of the VDH for the purpose of accepting notice as may be herein provided. The City directs that the payment of all rents to accrue hereunder shall be paid to: the Landlord at: P. O. Box 2218 Virginia Beach, Virginia 23462 or to such other party and such other place as the Landlord or the City may from time to time designate in writing. The City shall provide the VDH with copies of all notices given or received by the City in connection with the Lease and/or this Sublease. 5. Special covenants: A. This Sublease is conditioned upon and subject to all state laws and continuation of the State-local health department affiliation now in existence; and this sublease shall be canceled automatically in the event of termination of the State-local health department affiliation now in existence, or in the event the local, State, or Federal government fails to appropriate or allocate sufficient funds for the purpose of continuation of this Sublease. B. To the extent necessary and/or appropriate, (i) the rights and obligations of the City under the Lease shall be deemed to be the rights and obligations of the VDH under this Sublease, and (ii) the obligations of the City under this Sublease shall be deemed to be the obligations of the Landlord under the Lease. Nothing in the preceding sentence, however, shall be construed to be a waiver of any right which the City or the VDH has against the other under this Sublease in the event the VDH, the City or the Landlord shall fail to perform under either the Lease or this Sublease. IN WITNESS WHEREOF, signatures and seals. the parties hereto have affixed their This Sublease arrangement is recommended this , 1997. day of VIRGINIA STATE DEPARTMENT OF HEALTH By: (Virginia Beach Health Director) APPROVED AS TO FORMs (Assistant Attorney General) APPROVED= Date (Division of Engineering & Buildings) Date (Health Department Division Director) Date (Director of Administration, Virginia State Department of Health) Date (Department of General Services) [SEAL] ATTEST .- CITY OF VIRGINIA BEACH City Clerk By: City Manager/Designee APPROVED AS TO CONTENT~ Public Works/Real Estate APPROVED AS TO LEGAL SUFFICIENCY: CERTIFIED AS TO AVAILABILITY OF FUNDS~ City Attorney Finance Department G \data\forms\leases\health.dpt\sublease vt5 Revised Date April 30, 1997 EXHIBIT B NQN- DI STURBAN~E AGREEMENT The undersigned, the noteholder secured by a Deed of Trust upon the demised premises, recorded in Deed Book 3644, Page 1616, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and related security instruments (collectively, the "Deed of Trust"), for one dollar and other good and valuable consideration, the receipt of which is hereby acknowledged, executes this Non-Disturbance Agreement for the benefit of Lessee, the City of Virginia Beach, and/or the sublessee, the Commonwealth of Virginia, Department of Health. The undersigned hereby expressly agrees that as long as Lessee or its lawful sublessees, successors or assigns shall continue to pay the rent as provided for in this lease agreement and otherwise comply with the terms and provisions thereof, neither the undersigned nor its successors or assigns shall disturb the Lessee or its lawful sublessees, successors or assigns in its quiet possession of the Premises during the term of this lease or any option or renewal term thereof. The undersigned further agrees that the lien of the Deed of Trust shall not cover any of the fixtures, alterations or improvements which Lessee, its lawful sublessees, successors or assigns, under the terms of this lease, owns and is permitted to remove from the Premises. (Noteholder) By: Title: STATE OF CITY/COUNTY OF , to wit: The foregoing Non-Disturbance Agreement was acknowledged before me by , of on the day of , 1997, in the jurisdiction aforesaid. [AFFIX NOTARIAL SEAL] Notary Public My commission expires: G \DATA\FORMS\LEASES\NONDISTU.AGR Revision Da=e April 30, 1997 EXHIBIT C CERTIFI,,CATIONS FACILITY IS FREE OF FRIABLE ASBESTOS This is to certify that the premises located at 4425 Corporation Lane, Virginia Beach, Virginia and being leased to the City of Virginia Beach for sublease to the Commonwealth of Virginia, Department of Health by the Virginia Beach Health Department is free and clear of friable asbestos. COMPLIANCE TO STANDARDS This is to certify that the premises located at 4425 Corporation Lane, Virginia Beach, Virginia and being leased to the City of Virginia Beach for sublease to the Commonwealth of Virginia, Department of Health by the Virginia Beach Health Department complies with all Federal, State and Local health, fire and safety regulations and meets all federal ADA standards, based on ANSI Standard Al17.1-1980. CORPORATE CENTER THREE, L.L.C. a Virginia limited liab~l~?company Wl~lfiam H. Thumel, Jr. -/ Managing Member ~/ Date \DATA\FORMS\LEASES\ASBESTOS CRT Revision Date April 30. 1997 SUBLEASE THIS SUBLEASE, entered into this . ~=~- day of /~ , 1997, by and between THE CITY OF VIRGINIA BEACH (the "City"), and the VIRGINIA STATE DEPARTMENT OF HEALTH (the "VDH"): WITNES SETH~ That on and subject to the terms and provisions of that certain Lease of even date herewith between Corporate Center Three, L. L. C. (the "Landlord"), and the City (the "Lease"), a copy of which is attached hereto and incorporated herein, the City doth sublet unto the VDH, the following property, to-wit: 32,635 square feet of rentable space located on the First and Second Floors in the office building known as Pembroke Corporate Center Three, 4452 Corporation Lane, Virginia Beach, Virginia 23462 (the "Premises ") . The Premises are hereby leased to be used and occupied by the VDH and its agent or agents for such purpose or purposes as the VDH may now or hereafter be empowered by law to use the same, in any or all of the undertakings of the VDH and its agents or affiliates. This Sublease shall coincide with the term of the Lease and the rent payable hereunder shall be in the amount and payable by the VDH as set forth in the Lease. 1. Subject to the terms and provisions of the Lease, the City covenants and agrees that it will require the Landlord to do or permit the following: A. To deliver quiet possession of the Premises to the VDH on the effective date of this Sublease. B. To deliver the Premises in good repair suitable to the use for which they are leased and warrant that all plumbing, heating, air-conditioning, electrical and mechanical devices and appliances (if provided by the Landlord) of every nature upon the Premises are in good repair and working order. C. To keep the Premises and all plumbing, heating, air- conditioning, electrical and mechanical devices and appliances (if provided by the Landlord) of every nature upon the Premises in good repair and in working order at the expense of the Landlord during the tenancy of this Sublease and to provide heat, air-conditioning, electricity, water and sewer, and janitorial services on the Premises at the Landlord's expense during the tenancy of this Sublease. D. If the Premises are damaged by fire or otherwise, but not so as to render the Premises untenantable, upon being notified so to do by the VDH or its duly authorized agent, to repair and restore, as promptly as possible, the Premises to their former condition, in which event there shall be a prorata abatement of the rent for the period during which the repairs and restoration are being completed, for the portion of the Premises not usable by the VDH during such period. E o That in the event of the failure of the City or the Landlord to make such repairs and restoration within a reasonable time after notice, then the VDH may terminate this Sublease or proceed to make, or cause to be made, such repairs at the expense of the Landlord and deduct the cost thereof from ensuing rentals as they become due or collect such cost from the Landlord in any manner which may be provided by law. F. To equip and make such alterations and additions to the Premises and the equipment therein belonging to the Landlord as shall be necessary at all times to comply with the provisions of Federal, State and Local laws, ordinances, and regulations pertaining to health, safety, fire, and public welfare. G. The VDH may make such alterations, modifications, additions and/or improvements upon or to the Premises and may install or remove such fixtures and partitions as the VDH may deem proper; provided, however, that any such alterations shall require the prior written consent of the Landlord, which consent shall not be withheld unreasonably, and any structural alterations of the roof, foundation or exterior walls shall require the prior written consent of the Landlord. All materials used in such alterations, modifications, additions or improvements, and all fixtures and partitions made and/or installed by the VDH shall remain the property of VDH and, upon termination of this Sublease, may, at the VDH's option, be removed. 2. The VDH covenants and agrees: A. To pay the rent herein provided for in the manner herein provided, without the necessity of demand being made therefor by the City. B. At the termination of this Sublease, to deliver peacefully the Premises in as good order and repair as the same was at the beginning of this Sublease, reasonable wear and tear excepted, subject to the agreement of the Landlord to make repairs and restoration as elsewhere herein provided. 3. It is mutually covenanted and agreed by the City and the VDH subject to the terms of the Lease: A. That for the purpose of this Sublease, it is mutually understood and agreed that where the words 'repairs' and/or 'restoration' are used, the same shall be deemed to include the replacement of broken or cracked glass. B. That if the Premises be so damaged by fire or otherwise as to render the same, in the opinion of the VDH, untenantable, for the purpose or use the VDH has subleased same, this Sublease shall terminate as of the date of such damage, destruction or casualty upon the VDH's giving written notice of that fact to the City at the address set forth below; and provided that the VDH agrees to remove0 all of its property from the Premises within thirty (30) days. C. That in the event that by operation of law the VDH shall cease to exist, or the powers of the VDH shall be so construed as not to permit the VDH to continue to use the Premises herein demised for the purpose for which they shall have been used, then in that event, this Sublease and all responsibility and liability of the VDH of whatever kind hereunder shall terminate. D. That a written notice of seven (7) months shall be given by the VDH should it desire to vacate the Premises at the termination of this Sublease and should the City desire possession at the termination of this Lease, a six (6) month notice shall be required to be given by the City; and in the event no such notice is given by either party, then this Sublease shall continue in force from year to year at the same annual rental and subject to all the terms, conditions, and covenants herein contained. E. That any and all notices affecting this Sublease may be served by the parties hereto or their duly authorized agents, as effectively as if the same were served by any officer authorized by law to serve notices; and the return of such person of the time and manner of the service thereof shall have the same force and effect as to any legal proceedings based thereon as the return of any officer authorized by law to serve notices. F. This written Sublease constitutes the entire agreement between the City and the VDH regarding the demise of the property herein described and no agent of either party has any authority to alter, amend, or waive any of the terms hereof, unless such amendment be in writing and consented to and signatured by the parties hereto. 4. The City hereby designates: James C. Lawson whose address is: Office of Real Estate, Room 170 Operations Building Virginia Beach, Virginia 23456 as the agent of the City and directs that any and all notices hereunder, when served upon the said Agent, shall have the same force and effect as if served upon the City in person; and the VDH hereby designates: Virginia Beach Health Department whose address is: 4452 Corporation Lane Virginia Beach, Virginia 23462 as the Agent of the VDH for the purpose of accepting notice as may be herein provided. The City directs that the payment of all rents to accrue hereunder shall be paid to: the Landlord at: P. O. Box 2218 Virginia Beach, Virginia 23462 or to such other party and such other place as the Landlord or the City may from time to time designate in writing. The City shall provide the VDH with copies of all notices given or received by the City in connection with the Lease and/or this Sublease. 5. Special covenants: A. This Sublease is conditioned upon and subject to all state laws and continuation of the State-local health department affiliation now in existence; and this sublease shall be canceled automatically in the event of termination of the State-local health department affiliation now in existence, or in the event the local, State, or Federal government fails to appropriate or allocate sufficient funds for the purpose of continuation of this Sublease. B. To the extent necessary and/or appropriate, (i) the rights and obligations of the City under the Lease shall be deemed to be the rights and obligations of the VDH under this Sublease, and (ii) the obligations of the City under this Sublease shall be deemed to be the obligations of the Landlord under the Lease. Nothing in the preceding sentence, however, shall be construed to be a waiver of any right which the City or the VDH has against the other under this Sublease in the event the VDH, the City or the Landlord shall fail to perform under either the Lease or this Sublease. IN WITNESS WHEREOF, signatures and seals. the parties hereto have affixed their This Sublease arrangement is recommended this , 1997. day of VIRGINIA STATE DEPARTMENT OF HEALTH By: (Virginia Beach Health Director) APPROVED AS TO FORM~ (Assistant Attorney General) A~PROVED ~ Date (Division of Engineering & Buildings) Date (Health Department Division Director) Date (Director of Administration, Virginia State Department of Health) Date (Department of General Services) [SEAL] ATTEST CITE OF VIRGINIA BEACH City Clerk By: City Manager/Designee APPROVED AS TO CONTENTs ~11c Works/Real Estate APPROVED AS TO LEGAL SUFFICIENCY~ CERTIFIED AS TO AVAILABILITY OF FONDS~ Cit~ Attorney Finance Department O: \clat:a\fo2.-me\leaeee\healCh clpC\su~lease vrS Revieed DaCe: April 30, 1997 PROPOSED LEASE TERM SHEET (CITY AS TENANT) DEPARTMENT Yir~nia State Department of Health ("VDH"} PREMISES DESCRIPTION. , 32:635 square feet of office and clinic soace in Pembroke Corporate Center Three at 4452 Corporation Lane; Virginia Beach,_ Virginia LANDLORD Coroorate Center Three. L.L.C. - INITIAL LEASE TERM Fifteen (15~ vears BEGINNING July 1, 1997 or completion ofbuildout (whicl~ever is the latter) RENEWAL OPTION (S) Two (2) outions to renew for five (5) years each (A) (C) $. 499,315.56 annually Escalator' 3% per year berrying 3r~t year Other Costs' (i) Maintenance N/A (ii) CAM charges. N/A (iii) (other) N/A TERMINATION PROVISIONS (a) (b) Nonappropriation Default, lack of funding or dissolution of VDH OTHER SIGNIFICANT PROVISIONS' 1. Premises to be subleased to VD]-I 2. Funding pursuant to annual a~eement between City_ and VDH, NOTE. City is essentially a facilitator to locate space for VDH due to relocation from cxistiog site owned by the City_ scheduled for demolition, O ~lnia~t'orms~lenses\outl me - 20 - Item V-I. RESOLUTIONS ITEM # 42209 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED BY CONSENT in ONE MOTION Resolutions 1 a.c. and d. Voting: 11-0 Council Members Voting Aye: John ,4 Baum, Linwood O. Branch, III, William W. Harrison, Jr, HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vtce Mayor Wtlliam D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 3, 1997 - 21 - Item V-J.l.a RESOLUTIONS ITEM # 42210 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution re the Virginia Department of Transportation (VDOT). Request the Secretary of Transportation for the Commonwealth aggressively pursue Interstate designation for Route 44; and, designate Route 44 as Interstate 264, re better guidance to the motoring public and to asstst in the economic development efforts of Virginia Beach (Sponsored by Mayor Meyera E. Oberndorj'). ~ting: 11-0 (By ConsenO Council Members Voting Aye' John A. Baum, Linwood O. Branch, IlL William W. Harrison, Jr., HaroM Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor Wtlliam D. Sessoms, Jr. and Loutsa M Strayhorn Council Members Voting Nay: None Council Members Absent: None June 3, 1997 REQUESTED BY MAYOR MEYERA E. OBERNDORF RESOLUTION REQUESTING THAT THE SECRETARY OF TRANSPORTATION FOR THE COMMONWEALTH PURSUE INTERSTATE NUMBERING OF ROUTE 44 WHEREAS, the Interstate roadway system was created in the 1950's to provide a system of efficient high capacity highways throughout the nation; and WHEREAS, Virginia Beach only has two miles of Interstate Highway and one interchange within the municipal boundary; and WHEREAS, the city is underserved by the Interstate Highway system; and WHEREAS, designation of highways on maps as part of the Interstate system provides travelers a readily identifiable description of the quality, capacity and safety of the road they may travel on; and WHEREAS, because the Interstate system is associated with higher capacity roadways that provide convenient access throughout the region and nation, they offer advantages to positively encourage the location of businesses in the region; and WHEREAS, Route 44 is part of the National Highway System which is the successor to the Interstate system; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF VIRGINIA BEACH, VIRGINIA: That the Secretary of Transportation for the Commonwealth is requested to aggressively pursue Interstate designation for Route 44; AND BE IT FURTHER RESOLVED: That the city suggests that Route 44 be designated as Interstate 264; That this request is made to provide better guidance to the motoring public and to assist in the city's economic development efforts. ' Adopted by the Council of the City of Virginia Beach, Virginia, on this I'h~d day ofjune ,1997. - 22 - Item V-J.l.b RESOLUTIONS ITEM # 42211 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution re the Virginia Department of Transportation (VDOT): Request a Hazard Elimination Project (approximately 3.2 miles) re Shore Drive Eastbound lanes from the West Gate at Fort Story to 83rd Street; agree the local 10% matching funds will consist of the Virginia Beach Urban Allocation providing $64,680 (98%) with the remaining $1,320 (2%) being paid by the City; and, the City, shouM it subsequently elect to cancel this project, agrees to reimburse VDOT for the total amount of the costs expended through the cancellation notification date. ~ting' ~2 Council Members Voting Aye: John A. Baum, Linwood 0 Branch, III, William I~. Harrison, Jr, Harold Heischober, Barbara M. Henley, Louis R Jones, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Mayor Meyera E. Oberndorf and Reba S. McClanan Council Members Absent: None June 3, 1997 PROJECT PROGRAMMING RESOLUTION HAZARD ELIMINATION PROJECTS WHEREAS, in accordance with Virginia Department of Transportation project allocation procedures, it is necessary that a request by City Council resolution be adopted in order that the Department program a hazard elimination project in the City of Virginia Beach, Virginia; now THEREFORE, BE IT RESOLVED, that the City of Virginia Beach requests the Virginia Department of Transportation program a hazard elimination project for the improvement of the Shore Drive eastbound lanes from the West Gate at Fort Story to 83rd Street, a distance of approximately 3.2 miles; BE IT FURTHER RESOLVED, that the City of Virginia Beach hereby agrees that the Iqcal 10% matching funds for the $660,000 hazard elimination project grant will consist of the City's Urban Allocation providing $64,680 (98%) and the remaining $1,320 (2%) is to be paid by the City; and the grant shall be applied to preliminary engineering, right-of-way and construction of this project; and, that if the City subsequently elects to cancel this project, the City agrees to reimburse the Department for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. Adopted this 3 day of June ,1997, City of Virginia Beach, Virginia AT'rEST Clerk of City Council CERTIFtI::D A~ TO AVAILABIMTY OF FUNOtS; or, o~ v~r~nm aeec=~.'V~.-O~dFinar~ ' Manager APPROVED AS TO CONTENTS Department I I I I APPROVED AS TO - 23 - Item V-J.l.c. RESOLUTIONS ITEM # 42212 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution re the Virginia Department of Transportation (VDOT) : Proposed location and major design features of Kempsville Road, Phase III, VDOT Project gO190-134-V04, as presented at the 23 May 1996 Public Hearing. change from a four-lane divided highway to a six-lane divided highway; determine the necessity of soundwalls as shown at the Public Hearing; and, authorize execution of all necessary utility agreements. Voting: 11-0 (By ConsenO Council Members Voting Aye: John .4. Baum, Linwood 0 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 Wtlliam D Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members .4bsent: None June 3, 1997 LOCATION AND DESIGN PUBLIC HEARING APPROVAL RESOLUTION WHEREAS, a Location and Design Public Hearing was conducted May 23, 1996 in the City of Virginia Beach by representatives of the Commonwealth of Virginia, Department of Transportation after due and proper notice for the purpose of considering the proposed location and design of Kempsville Road, Phase IH, VDOT Project # 0190-134- V04 in the City of Virginia Beach, at which drawings and other pertinent information were made available for public inspection in accordance with the state and federal requirements; and WHEREAS, all persons and parties in attendance were afforded full opportunity to participate in said public hearing; and WHEREAS, representatives of the Virginia Department of Transportation were present and participated in said hearing; and WHEREAS, the Council had previously requested the Virginia Department of Transportation to program this project; and WHEREAS, the Council had considered all such matters; now THEREFORE, BE IT RESOLVED that the Council of the City of Virginia Beach hereby approves the location and major design features of the proposed project as presented at the Public Hearing; and BE IT FURTHER RESOLVED, that the Council approves a design feature change from a four-lane divided highway to a six-lane divided highway; and BE IT FURTHER RESOLVED that the Council requests that the project include soundwalls at the locations shown during the Public Hearing; and BE IT FURTHER RESOLVED, that the Director of Public Works is hereby authorized to execute, on behalf of the City of Virginia Beach, all necessary utility agreements required in conjunction with this project. Adopted this 3 day of June , 1997, City of Virginia Beach, Virginia. ATTEST: (~lerk of Council ' J APPROVED AS T~ - 24 - Item I/-J.l.d. RESOLUTIONS ITEM # 42213 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution re the Virginia Department of Transportation (VDOT): Request a project (approximately 2.6 miles) for the improvement of Holland Road from the intersection of Dam Neck Road to the proposed intersection of Ferrell Parlovay, Phase V; agree to pay City's share of the total cost for preliminary engineering, right-of-way and construction; and, the City, should it subsequently elect to cancel thls project, agrees to reimburse VDOT for the total amount of the costs expended through the cancellation notification date Voting. 11-0 (By Consent) Council Members Voting .4ye: John A. Baum, Llnwood O. Branch, III, Wdliam W Harrison, Jr, HaroM Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, V~ce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members ~4bsent: None June 3, 1997 PROJECT PROGRAMMING RESOLUTION WHEREAS, Virginia Department of Transportation (VDOT) construction allocation procedures require that a City Council resolution be adopted in order for VDOT to program an urban highway project in the City of Virginia Beach; now THEREFORE, BE IT RESOLVED, that the City Council of Virginia Beach, Virginia requests the Virginia Department of Transportation to establish a project for the improvement of Holland Road from the intersection of Dam Neck Road to the proposed intersection of Ferrell Parkway, Phase V, including both the Dam Neck Road and Ferrell Parkway intersections with Holland Road, a distance of approximately 2.6 miles. BE IT FURTHER RESOLVED, that the City Council of Virginia Beach hereby agrees to pay its share of the total cost for preliminary engineering, right-of-way and construction of this project in accordance with Section 33.1-44 of the Code of Virginia, and that, if the City of Virginia Beach subsequently elects to cancel this project, the City of Virginia Beach hereby agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. 3 June Adopted this__ day of Virginia. ,1997, City of Virginia Beach, ATTEST Clerk of CounCil /kjv 5/7197 I APPROVED AS TO ~ LE,.:=,-~,.. ~UFFtCiL'-~'~Cy . APP V ~, DEP~ - 25 - Item V-K. 1. APPOINTMENTS ITEM # 42214 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: Ernest Benson Mary C. Evans Willie L. Gordon ~41ice Green Issac N. Herbert Elizabeth McClane Carl J. Nagle Sadye Shaw Mary E. Smith Delores Turner Susie Whitehurst Howard M. WtTliams Donald Wright Queen City Doyletown Lake Smith Newlight Burton Station Advisor At Large Newsome Farms Reedtown ~4dvisor SeataclotAtlantic Park At Large Gracetown 11-01-97 thru 09/01/98 COMMUNITY DE VELOPMENT CITIZENS ~4D VISOR Y COMMITTEE (CA C) Voting' 11-0 Council Members Voting ~4ye: John ~4. Baum, Linwood 0 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 June 3, 1997 - 26 - Item V-K.2. APPOINTMENTS ITEM # 42215 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: Linwood O. Branch, III Nancy K. Parker .lames K. Spore Two Year Terms 07/01/97 thru 06/30/99 HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) 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, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 3, 1997 - 27- Item V-K.3. APPOINTMENTS ITEM # 42216 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: Edward L. Hamm, Jr. Three Year Term 06/01/97 thru 5/31/2000 MEDICAL COLLEGE OF HAMPTON ROADS 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 June 3, 1997 - 28 - Item V-K. 4. APPOINTMENTS ITEM # 42217 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: John ,4. B. Davies Four Year Term 07/01/97 thru 6/30/2001 TIDEWATER COMMUNITY COLLEGE BOARD Voting' 11-0 Council Members Vottng Aye: John A. Baum, Lznwood 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 June 3, 1997 - 29- Item V-K. 5. APPOINTMENTS ITEM # 42218 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: Bruce E. Bright Four Year Term 07/01/97 thru 06/30/2001 TIDEWATER REGIONAL GROUP HOME COMMISSION Voting: 11-0 Council Members Voting .dye: John A. Baum, Linwood O. Branch, IIL William W. Harrison, Jr, Harold 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 Absent: None June 3, 1997 30- Item V-K. 6. APPOINTMENTS ITEM # 42219 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: David Howard Friedman John A. Moore Three YearTerm 07/01/97 thru 06/30/2000 VIRGINIA BEA CH TOWING AD VISOR Y BOARD 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 Oberndor~, Nancy K. Parker, Vice Mayor Wtlliam D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members ~4bsent : None June 3, 1997 - 31 - Item V-K. 7. APPOINTMENTS ITEM # 42220 BY CONSENSUS, City Council RESCHEDULED. SOCIAL SER VICES BOARD June 3, 1997 - 32 - Item V-L. 1. RECESS INTO EXECUTIVE SESSION ITEM # 42221 Mayor Meyera E. Oberndo~ 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 interviews 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). To Wit: Performance Evaluation: City Council Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of pubhcly-heM property, or of plans for the future of an tnstitution which couM affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(4)(3). Acquisition Vtrginia Beach Borough West Neck Creek LEGAL MA TTERS Consultation with legal counsel or brtefings by staff members, consultants, or attorneys pertatning to actual or probable littgatton, or other specific legal matters requesting the provtsion of legal advice by counsel pursuant to Sectton 2.1-344(A)(7). To-Wit: Lake Gaston Water Supply ProJect Upon motton by Vice Mayor Sessoms, seconded by Councilman Branch, City Councd voted to proceed tnto EXECUTIVE SESSION (2:20 P.M.). Voting: 11-0 Council Members Voting Aye: John A Baum, Linwood 0 Branch, III, Wdliam W Harrtson, 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 Loutsa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 3, 1997 - 33 - ITEM # 42222 Mayor Meyera E. Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEA CH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, June 3, 1997, at 4. O1 P.M. Council Members Present: John ,4 Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor Willtam D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: None June 3, 1997 - 34 - Item V-M. CER TIFICA TION OF EXECUTIVE SESSION ITEM # 42223 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE MTH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executtve Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Vottng: 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 Loutsa M. Strayhorn Councd Members Voting Nay. None Council Members Absent: None *Verbal Vote June 3, 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 # 42221 Page No. 32 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 busir/ess matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Rut~ Hodges Smith, CMC/AAE City Clerk June 3, 1997 - 35 - Item V-N. ADJOURNMENT ITEM # 42224 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 4:02 P.M. Hooks, CMC/AAE Chief Deputy City Clerk Ruth Hodges Smtth, CMC/AAE City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Vtrginia June 3, 1997 - 35 - Item V-N. AD JO URNMENT ITEM # 42224 Mayor Meyera E. Oberndorf DECLARED the Ctty Council Meettng ADJOURNED at 4:02 P.M Beverly O. Hooks, CMC/AAE Chtef Deputy City Clerk ~E C~ty Clerk Mayor Ctty of Vtrgtnia Beach Virgtnia June 3, 1997