OCTOBER 7, 2008 AGENDA
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
~('AYOR MEYERA E. OBERNDORF At-Large
J"CE MAYOR LOUIS R. JONES, Bay.<lde - Distrtct'/
HILLlAM R. DeSTEPH. At-Large
It4RRY E. DIEZEL, Kempsville - Distrtct 2
P,JBERT M. DYER" CenterVllle - District I
HARBARA M. HENLEY, Princes.. Anne - Distrtct 7
1~r;BA S. McCLANAN. Rose Hall - Distrtct 3
.JOHN E. UHRIN, Beach - Distrtct 6
P,JN A. VILLANUEVA, At-Large
P,JSEMARY WILSON, At-Large
.JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL AGENDA
G'1' MANAGER - JAMES K. SPORE
G1' ATTORNEY - LESLIE L. LILLEY
CliY ASSESSOR - JERALD BANAGAN
Cny AUDITOR - LYNDON S. REM/AS
CJ:1' CLERK - RUTH HODGES FRASER. MMC
7 OCTOBER 2008
1. CITY MANAGER'S BRIEFINGS
i I I
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH. VIRGINIA 23456-8005
PHONE:(757) 385-4303
FAX (757) 385-5669
E-MAIL.Clycncl@vbgov.com
-Conference Room -
A. COMMUNITY LEGIS LA TIVE AGENDA
Robert R. MathIas, Assistant to the City Manager
B. WORKFORCE HOUSING BOARD RECOMMENDATIONS
Andrew Fnedman, DIrector, Housmg and NeIghborhood Preservation
C. DRAGAS GRANT FOR HOMELESS FAMILIES
Andrew Fnedman, Dlfector, Housmg and Neighborhood Preservation
II. CITY COUNCIL LIAISON REPORTS
III. COUNCIL COMMENTS
IV REVIEW OF AGENDA
V INFORMAL SESSION
- Conference Room -
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
1 :30 PM
3:30 PM
VI. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION: Mr. Thomas McFeely
Deacon, Church of the Ascension
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F MINUTES
1. INFORMAL and FORMAL SESSIONS
September 23,2008
G. AGENDA FOR FORMAL SESSION
H. PRESENTATIONS
A. OCEANA MISSION AND ACTIVITIES
Captam Mark Hunter, Commanding Officer, Oceana Naval Air Station
B. PRINCESS ANNE ATHLETIC DEVELOPMENT
Cindy Curtis, Dlfector, Parks and Recreation
L PUBLIC HEARINGS
1 Llease of City-owned property at 3rd Street and Atlantic Avenue
2. INSTALLMENT PURCHASE AGREEMENT
AcqUisitIOn of Agricultural Land Preservation CARP) Easement-3416 Head River Road
3. DEPARTMENT OF JUSTICE-BYRNE MEMORIAL ASSISTANCE GRANT
Allocation re law enforcement/criminal processing projects
J CONSENT AGENDA
I I I!
K. ORDINANCESIRESOLUTIONS
1 Ordinance to AUTHORIZE the City Manager to execute a Short Term Lease wIth
Dolphin Run Condominium Association, Inc., re City-owned property at 3rd Street and
Atlantic Avenue.
2. Resolution to AUTHORIZE the Issuance of General Obligation School Bonds m the
maxImum amount of $7.5 Million to be sold re The Virgima Public School Authonty
3 Ordinance to AUTHORIZE the City Manager to execute an Installment Purchase
Agreement with Barry D KnIght re an Agncultural Land Preservation (ARP) easement
on 3416 Head of River Road.
4. Resolution to REFER to the Plannmg CommIsSIOn an Ordinance amending ~211 of the
City Zomng Ordinance (CZO) re temporary signs.
5 Resolution to ACKNOWLEDGE VirgmIa GED Week and VirgIma GED Day re a
stronger alignment of quality education, workforce development and economIC
development.
6. Resolutions to APPOINT:
a. Natalie Mann as Assistant City Attorney
b. Rachel Allen as Associate City Attorney.
7 Ordinances to AUTHORIZE temporary encroachments into portIons of the City's nghts-
of-way:
a. DA VID B. and ANDREA C. PALMISANO to construct and mamtam a boatlift
and a timber pier at 2436 Entrada Drive (DISTRICT 5 - PRINCESS ANNE)
b. DONALD R. JR. and LINDA J. ARGUS to construct and maintam a bulkhead,
two (2) returns and a dock at 2249 Widgeon Lane (DISTRICT 7 - PRINCESS
ANNE)
8. Ordinance to ACCEPT and APPROPRIATE $25,800 from the Department of
Homeland Secunty, sub-granted from the City of Portsmouth, to the Fire Department re
hazardous materials response equipment.
9 Ordinance to APPROPRIATE $77,000 from the General Fund balance to the
K,empsville Volunteer Rescue Squad re an mterest free loan to purchase a replacement
ambulance.
10. Ordinance to TRANSFER funds and APPROVE two (2) full-time, City-funded
posItions re Commonwealth's Attorney Office re domestic vIOlence.
L. APPOINTMENTS
HISTORIC PRESERVATION COMMISSION
PARKS AND RECREATION COMMISSION
RESORT ADVISORY COMMISSION
REVIEW AND ALLOCATION COMMITTEE
TIDEWATER REGIONAL GROUP HOME COMMISSION
WORKFORCE HOUSING ADVISORY COMMITTEE
M.
UNFINISHED BUSINESS
N.
NEW BUSINESS
o
ADJOURNMENT
i-
**********************************
PUBLIC COMMENTS
Non-Agenda Items
**********************************
I I
, Comprehensive Plan
I
Open Houses
October 9,2008 WhIte Oaks Elementary DIstrIct #3 - Rose Hall
7:00 - 9:00 PM School
October 13, 2008 ConventIOn Center DIstrIct #6 - Beach
7:00 - 9:00 PM
October 16, 2008 AssocIation for Research & DIStrICt #5 - Lynnhaven
7:00 - 9:00 PM Enlightenment DIstrIct #6 - Beach
October 20, 2008 PrIncess Anne High School DIstrIct #4 Bayslde
7:00 - 9:00 PM DIstrIct #5 - Lynnhaven
October 23, 2008 Bayslde RecreatIon Center DIstrIct #4 Bayslde
7 :00 - 9:00 PM DIStrICt #5 - Lynnhaven
October 27,2008 Cox High School DIStrICt #5 - Lynnhaven
7:00 - 9:00 PM
*********
If you are physically disabled or visually impaired
and need assistance at thIS meetmg,
please call the CITY CLERK'S OFFICE at 385-4303
***********
i\genda 10/7/08 afb
www,vbgov.com
I I I
I. CITY MANAGER'S BRIEFINGS
-Conference Room -
1:30 PM
A. COMMUNITY LEGISLATIVE AGENDA
Robert R. Mathias, ASSIStant to the City Manager
B. WORKFORCE HOUSING BOARD RECOMMENDATIONS
Andrew Fnedman, DIrector, Housing and NeIghborhood Preservation
C. DRAGAS GRANT FOR HOMELESS FAMILIES
Andrew Fnedman, DIrector, Housmg and NeIghborhood Preservation
II. CITY COUNCIL LIAISON REPORTS
III. COUNCIL COMMENTS
IV. REVIEW OF AGENDA
1 I I'
V. INFORMAL SESSION
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
- Conference Room -
3:30 PM
1 I I.
VI. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION: Mr. Thomas McFeely
Deacon, Church of the Ascension
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F MINUTES
1 INFORMAL and FORMAL SESSIONS
September 23, 2008'
G. AGENDA FOR FORMAL SESSION
.tsnlutintt
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The VirgIma Beach City Council convened mto CLOSED SESSION,
pursuant to the affirmatIve vote recorded here and in accordance WIth the prOVISIons of The
Virgima Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code ofVirgIma requires a certIfication by the
governIng body that such Closed Session was conducted in confomnty WIth VirgIma Law.
NOW, THEREFORE, BE IT RESOLVED: That the Virgima Beach City Council
hereby certIfies that, to the best of each member's knowledge, (a) only public busIness matters
lawfully exempted from Open MeetIng requIrements by Virginia Law were discussed In Closed
SeSSIon to whIch thIS certIfication resolutIOn applies; and, (b) only such public busmess matters
as were Identdied In the motion convenIng thIS Closed SeSSIon were heard, discussed or
consIdered by VirgIma Beach City Council.
I 1
H. PRESENTATIONS
A. OCEANA MISSION AND ACTIVITIES
Captam Mark Hunter, Commanding Officer, Oceana Naval Air Station
B. PRINCESS ANNE ATHLETIC DEVELOPMENT
Cindy Curtis, DIrector, Parks and RecreatIOn
I I 1
L PUBLIC HEARINGS
1 Lease of City-owned property at 3rd Street and Atlantic Avenue
2. INSTALLMENT PURCHASE AGREEMENT
AcquisItion of Agricultural Land Preservation (ARP) Easement-3416 Head River Road
3. DEPARTMENT OF JUSTICE-BYRNE MEMORIAL ASSISTANCE GRANT
Allocation re law enforcement/criminal processing projects
PUBLIC HEARING
LEASE OF CITY PROPERTY
The Virginia Beach City Council will hold a PUBLIC
HEARING on the proposed leasing of City-owned
property on Tuesday, October 7, 2008, at 6:00
p.m. In the Council Chamber of the City Hall Building
(Building #1) at the Virginia Beach MUnicipal Center,
Virginia Beach. Virginia. The purpose of thiS Heanng will
be to obtain public comment on the City's proposal to
lease the follOWing parcels:
Approximately 0.09 acres of land located at 3rd
Street and Atlantic Avenue.
If you are physically disabled or visually Impaired and
need assistance at thiS meeting, please call the CITY
CLERK'S OFFICE at 385-4303; Hearing Impaired,
call TOO 711 (TOO Telephone DevIce for the Deaf).
Any questions concerning thiS matter should be directed
to the Department of Management Services - Facilities
Management Office, Room 228. Building 18. at the
Virginia Beach Municipal Center. The Facilities
Management Office telephone number IS (757) 385
5659.
Ruth Hodges Fraser, MMC
City Clerk
Beacon Sept. 28, 2008
19338177
NOTICE OF PUBLIC HEARING ON THE
EXECUTION AND DELIVERY
OF INSTAllMENT PURCHASE
AGREEMENTS FOR THE
ACQUISITION OF DEVELOPMENT
RIGHTS ON CERTAIN PROPERTY BY
THE
CITY OF VIRGINIA BEACH, VIRGINIA
Notice IS hereby given that the City Council of the City of Virglnl<.1
Beach, Virginia, will hold a Public Hearing with respect to the executiol1
and delivery of Installment Purchase Agreement for the acqUisition 01
Agricultural land Preservation easement with respect to land located
at 3416 Head River Road. In the City of VirginIa Beach, VirgInia.
pursuant to Ordinance No. 95-2319. as amended. Known as the
Agricultural lands Preservation Ordinance, which establishes an
agncultural reserve program for the southern portion of the City
designated to (a) promote and encourage the preservation of farmland.
(b) preserve open spaces and the area's rural character. (c) conserve
and protect envlfonmentally sensitive resources, (d) reduce and defer
the need for major Infrastructure Improvements and the expenditure of
public funds for such Improvements, and (e) assist In shaping the
character, direction and timing of community development. Suet'
easement will be purchased pursuant to Installment Purchase
/\greement for an estimated maximum purchase price 01
$121.744.00. The City's obligation to pay the purchase price under
the Installment Purchase Agreement IS a general obligation of the City.
and the full faith and credit and the unlimited taxing power of the City
will be Irrevocably pledged to the punctual payment of the purchase
pnce and the Interest on the unpaid pnnclpal balance of the purchase
pnce as and when the same respectively become due and payable.
The Public Hearing, which may be continued or adjourned, will be held
by the City Council on October 7. 2008, at 6:00 p.m. In the City
Council Chamber located on the 2nd floor of the City Hall Building
2401 Courthouse Drive, Virginia Beach, Virginia. Any persor;
Interested In thiS matter may appear and be heard.
Ruth Hodges Fraser, MMC
City Clerk
Beacon September 21 & 28, 2008
19327690
NOTICE OF PUBLIC
HEARING
Public Heanng re: Department of Justice Byrne
Memonal Justice AssIstance Grant: AllocatIOn of
$64,185 for vanous law enforcement / cnmlnal
processing projects
On Tuesday, October 7th, 2008, at 6:00 p.m.
In the City Council Chamber, second floor, City Hall
Building, Municipal Center, Virginia Beach, Virginia, the
Virginia Beach City Council will hold a Public Hearing on
the proposed allocation of the Byrne Memorial Justice
Assistance Grant. It IS proposed that the $64.185 be
allocated for the followmg purposes:
ProJect Descrlotion
.Automated Grading
System for testing
.Forenslc Mapping System Police
to document crash scenes
Deots.
Amount
Police
$6,350
$17,763
.Video Conferencmg System Juvenile &
to arraign pnsoners from Domestic
JUrisdictions Relations Court
.Video Arraignment System
to be used m one General
District Courtroom Sheriff
$15,298
TOTAL
$24,774
$64.185
The Edward Byrne Memorial Justice Program allows loca!
governments to support a broad range of activities to
prevent and control crime and to Improve the crimina:
Justice system. IndiViduals desiring to provide written
comments may do so by contacting the City Clerk's
office at 385-4303. If you are physically disabled or
Visually Impaired and need assistance at this meeting,
please call 385-4303. Heanng Impaired, call Virginia
Relay at 1-800-828-1120.
Ruth Hodges Fraser, MMC
City Clerk
Beacon Sept. 28, 2008
19337775
: 1 1
J. CONSENT AGENDA
K. ORDINANCESIRESOLUTIONS
1. Ordinance to AUTHORIZE the City Manager to execute a Short Term Lease wIth
Dolphin Run Condominium Association, Inc., re City-owned property at 3rd Street and
Atlantic Avenue.
2. ResolutIOn to AUTHORIZE the issuance of General Obligation School Bonds in the
maximum amount of$7.5 Million to be sold re The Virgima Public School Authonty
3 Ordinance to AUTHORIZE the City Manager to execute an Installment Purchase
Agreement wIth Barry D. KnIght re an Agncultural Land PreservatIOn (ARP) easement
on 3416 Head of River Road.
4. Resolution to REFER to the Planning Commission an Ordinance amending ~211 of the
City Zomng Ordinance (CZO) re temporary signs.
5. ResolutIon to ACKNOWLEDGE VirgmIa GED Week and Virginia GED Day re a
stronger alignment of quality education, workforce development and economIC
development.
6. Resolutions to APPOINT'
a. Natalie Mann as Assistant City Attorney
b. Rachel Allen as Associate City Attorney.
7 Ordinances to AUTHORIZE temporary encroachments mto portIOns of the City's nghts-
of-way'
a. DAVID B. and ANDREA C. PALMISANO to construct and maintain a boatlift
and a timber pIer at 2436 Entrada Drive (DISTRICT 5 - PRINCESS ANNE)
b. DONALD R. JR. and LINDA J. ARGUS to construct and maintam a bulkhead,
two (2) returns and a dock at 2249 Widgeon Lane (DISTRICT 7 - PRINCESS
ANNE)
8. Ordinance to ACCEPT and APPROPRIATE $25,800 from the Department of
Homeland SecurIty, sub-granted from the City of Portsmouth, to the Fire Department re
hazardous materials response equipment.
9 Ordinance to APPROPRIATE $77,000 from the General Fund balance to the
Kempsville Volunteer Rescue Squad re an interest free loan to purchase a replacement
ambulance.
10. Ordinance to TRANSFER funds and APPROVE two (2) full-time, City-funded
positIOns re Commonwealth's Attorney Office re domestic violence.
I 1 1
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CITY OF VIRGINIA BEACH
AGENDA ITEM
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ITEM: An Ordinance authorizing the City Manager to execute a short term lease (8
months) with the Dolphin Run Condominium Association, Inc., a Virginia
non-stock corporation, for a 0.09 acre of City owned land located at 3rd Street and
Atlantic Avenue
MEETING DATE: October 7,2008
. Background: The Dolphin Run Condominium Association, Inc., a Virginia non-
stock corporation (the "Dolphin Run Condominiums") would like to lease a 0.09
acre of property from the City of Virginia Beach (the "City") located at the corner
of 3rd Street and Atlantic Avenue. The City acquired the land in the Rudee Loop
area. Dolphin Run Condominiums leased this small parcel of land from the
previous owners. When the City of Virginia Beach acquired this land, it was
understood that Dolphin Run Condominiums desired to continue leasing the land
until the City was ready to use it for future City projects. This parcel will be used
by the Dolphin Run Condominiums to augment vehicular parking for guests
staying at its establishment
. Considerations: This lease would be for a term of eight (8) months, from
September 15,2008 to May 14,2009. The City has a thirty-day (30) termination
clause in the event the City needs the land prior to the termination of the lease.
. Public Information: Advertisement of Public Hearing in The Virginian-Pilot
Advertisement of City Council Agenda
. Alternatives: Approve Lease Agreement as presented, change
conditions of the Lease Agreement or deny leasing of subject premises.
. Recommendations: Approval
. Attachments: Summary of Terms
Ordinance
Lease
Location map
Recommended Action: Approval M
Submitting Department/Agency: Management ~aCilitieS Management Office
City Manager. k . ~ ~
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AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXEUTE A SHORT TERM LEASE (8
MONTHS) WITH THE DOLPHIN RUN
CONDOMINIUM ASSOCIATION, INC., A VIRGINIA
NON-STOCK CORPORATION FOR A 0.09 ACRE
OF CITY-OWNED LAND LOCATED AT 3rd STREET
AND ATLANTIC AVENUE
WHEHEAS, the City of Virginia Beach (the "City") IS the owner of that
certain 0.09 acre of land located at 3rd Street and Atlantic Avenue, Virginia
Beach, Virglrua (the "Premises");
WHEHEAS, the Dolphin Run Condominium Association, Inc., a Virginia
non-stock corporation, has agreed to pay the City $5,760 for the use of the
Premises for an eight-month period;
WHEHEAS, the Dolphin Run Condominium Association, Inc. would like to
enter Into a formal lease arrangement with the City for use of the Premises;
WHEHEAS, the Premises will be utilized as an overflow parking lot for the
registered guests of the Dolphin Run, and for no other purpose;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA.
That the City Manager IS hereby authorized to execute a lease between
the Dolphin F~un Condominium Association, Inc., a Virginia non-stock
corporation, ;and the City, for the 0.09 acre of land located at 3rd Street and
Atlantic Avenue In accordance with the Summary of Terms attached hereto as
Exhibit A and such other terms, conditions or modifications as may be acceptable
to the City Manager and In a form deemed satisfactory by the City Attorney
Adopted by the Council of the City of Virginia Beach, Virginia on the
, :2008
day of
CA- 10757
R-1
09/16/08
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EXHmIT A
SUMMARY OF TERMS
LEASE FOR THE USE OF .09 ACRE OF
CITY REAL PROPERTY
LESSOR: City of Virginia Beach
LESSEE: Dolphin Run Condominium Association, Inc.
PREMISES: Approximately .09 acre of City property located at the corner of 3rd Street
and Atlantic Avenue, known as GPIN: 2427-32-0138
TERM: September 15,2008 through May 14,2009
RENT: Rent shall be $5,760, payable either in a lump sum or in equal monthly
installments of $720
RIGHTS ANn RESPONSmILITIES OF
DOLPHIN RUN CONDOMINIUM ASSOCIATION, INC.:
· Will u:~e the Premises for overflow parking for its guests and for no other purpose.
· Will keep, repair, and maintain the Premises at its expense and will do so in a
workmanlike manner.
· Will maintain commercial general liability insurance coverage with policy limits of
not less than one million dollars ($1,000,000) combined single limits per occurrence,
issued by an insurance company licensed to conduct the business of insurance in
Virginia. Such insurance shall name the City of Virginia Beach as an additional
insured. Lessee shall provide a certificate evidencing the existence of such insurance.
· Will maintain Automobile Liability Insurance including coverage for non-owned
and hRred vehicles in an amount not less than five hundred thousand dollars
($500,000) combined single limits per occurrence, issued by an insurance company
licensed to conduct the business of insurance in Virginia. Licensee shall provide a
certificate evidencing the existence of such insurance.
· Will assume the entire responsibility and liability for any and all damages to
persons or property caused by any act or omission of the Lessee or its agents, etc.
associated with the use of the Premises.
· Will comply with all applicable laws, ordinances, and regulations in the
performance of its obligations under the Lease.
RIGHTS AND RESPONSmILITIES OF
THE CITY:
· Will have access to the Premises at any time, without prior notice, in the event of an
emergency or public necessity.
. Will have the right to require Dolphin Run Condominium Association, Inc. to
surrender possession and control of the Premises to the City upon forty-eight (48)
hours notice in the discharge of its powers, purposes, or responsibilities.
. Will have the right to grant easements and rights of way across the Premises for
streets, alleys, public highways, drainage, and other similar purposes.
TERMINATION: The City may terminate the Lease upon providing thirty (30) days
written notice to Dolphin Run Condominium Association, Inc.
THIS LEASE AGREEMENT ("Lease"), made this
day of
, 2008, by and between the CITY OF VIRGINIA BEACH
(GRANTOR/LESSOR), a mUnicipal corporation of the Commonwealth of Virginia,
herelna1ter referred to as "CITY" or "LESSOR," and Dolphin Run Condominium
Association, Inc., a Virginia non-stock corporation (GRANTEE/LESSEE),
herelna1ter referred to as "Lessee."
WITNESSETH
1. LEASED PREMISES. That for and In conSideration of the rents,
covenants and agreements hereinafter reserved and contained on the part of the
Lessee to be observed and performed, LESSOR leases to Lessee and Lessee
rents from LESSOR the follOWing property, hereinafter referred to as the "Property",
delineated as shaded area upon the attached map labeled "Exhibit A" entitled
"EXHIBIT "A" TO BE LEASED TO THE DOLPHIN RUN CONDOMINIUM
ASSOCIATION BY THE CITY OF VIRGINIA BEACH", reference being made to said
Exhibit for a more accurate descnption thereof.
i~:. RENT. That for and In conSideration of the sum of $5,760.00, payable
either in a lump sum or In equal monthly payments of $720.00 no later than the 5th
of each month, over the term of thiS Lease (the "Rent"), LESSOR does hereby lease
and demise unto Lessee the Property.
"=11
"'II.
TERM. The term of this Lease shall be for eight months commencing
September 15, 2008 and expiring May 14, 2009.
4. USE OF PROPERTY -PURPOSES. Lessee covenants that the
Property shall be used solely for overflow parking for guests staying at the Dolphin
Run Condominiums. This Lease may be terminated on thirty (30) days notice by
LESSOR to Lessee. Lessee shall use the Property only for the purposes listed
herein and any other use thereof, unless necessarily incidental to such listed and
allowed uses, shall constitute a breach of this Lease and cause its immediate
termination. The Property IS leased by LESSOR to Lessee "as IS," and the sole
responsibility for the maintenance and upkeep of the Property shall be with Lessee.
5. ASSIGNMENT AND SUBLEASE. This Lease may not be assigned
or transferred, and the Property shall not be sublet, either in whole or In part, by
Lessee without LESSOR's prior written consent.
6. TERMINATION AND RIGHT OF ENTRY BY LESSOR.
A. In the event that Lessee shall for any reason be In default of the
terms of this Lease, the LESSOR may give Lessee written notice of such default by
certified mail/return receipt requested at the address set forth In Paragraph 14 of
this Lease. Unless otherwise provided, Lessee shall have ten (10) days from the
date such notice IS mailed In wh ich to cure the default.
Upon the occurrence of a default, in addition to all other rights and
remedies as proVided by law, the LESSOR shall have the nght to: (a) terminate thiS
Lease, whereupon Lessee sha II quit and surrender the Property to the LESSOR
and Lessee shall remain liable for all Rent that may be due up to the time this Lease
terminates or the LESSOR ta kes possession of the Property; (b) reenter and
repossess the Property and lock out the Lessee; and (c) cure the breach or default
at Lessee's expense. Lessee shall remain liable for all costs, fees and expenses
incurred by the LESSOR in curing the default and the same shall be additional Rent
payable to LESSOR on demand.
2
B. LESSOR reserves the right at any time, without pnor written
notice to enter upon the Property after it has been determined that an emergency or
a public necessity exists.
C. The parties acknowledge that LESSOR has certain powers,
purposes and responsibilities. To discharge its powers, purposes or
responsibilities, LESSOR s~all have the nght to require Lessee to immediately
dismantle and remove any and all improvements from the Property, within forty-
eight hours after notice is given to Lessee. Thereafter, LESSOR shall have the
exclusive right to enter upon and use the Property, and Lessee shall surrender
possess>lon and control thereof to LESSOR.
D Further, LESSOR reserves the right to terminate this Lease by
giVing written notice to Lessee at least thirty (30) days pnor to the date of
termination. All Rent paid In advance shall be prorated and/or refunded as
applicable.
7. Lessee will keep a II equipment and Improvements, if any, placed upon
the Property by Lessee, in a safe, clean, and orderly condition; be responsible for all
activities on the Property that fall under its control; and will act 'Immediately In
response to any notices by LESSOR with reference to the forgoing.
It IS further understood and agreed as part of the conSideration hereof,
that Lessee shall be responsible for the maintenance and/or repair of the Property
anslng out of Lessee's use of the Property Should any maintenance and/or repair
work be deemed necessary, then the decision of LESSOR as to the scope of the
required work and the amount of such liability shall control and be binding on
Lessee.
3
8. LESSOR'S RIGHT TO GRANT EASEMENTS. LESSOR reserves
the nght to grant easements and rights of way across or upon the Property, for
streets, alleys, public highways, drainage, utilities, telephone and telegraph
transmissions lines, pipelines, irrigation canals, and similar purposes.
9. INDEMNIFICATION/INSURANCE BY LESSEE. Lessee shall
Indemnify and save harmless LESSOR and all its officials, agents and employees
from and against all losses and expenses incurred because of claims, demands,
payments, suits, actions, recoveries, and Judgments of every nature and description
brought or recovered against them by reason of any InJunes to property or person,
Including death, occumng on the Property, arising out of or In connection with
Lessee's use of the Property Dunng the term of thiS Lease, Lessee shall obtain
and keep In force the following policies of Insurance:
A) Worker's Compensation Insurance as reqUired under Title 65.2 of
the Code of Virginia.
B) Commercial General Liability Insurance In an amount not less than
one million dollars ($1,000,000) combined Single limits (CSL). Such Insurance shall
name LESSOR as an additional insured.
C) Automobile Liability Insurance including coverage for non-owned
and hired vehicles In an amount not less than five hundred thousand dollars
($500,000) combined Single limits (CSL).
All poliCies of insurance reqUired herein shall be written by insurance
companies licensed to conduct the business of Insurance in the Commonwealth of
Virginia and, acceptable to LESSOR, and shall carry the provision that the
insurance will not be canceled or materially modified without thirty days (30) prior
4
written notice to LESSOR. Lessee shall provide a certificate evidencing the
existence of such Insurance.
10. APPLICABLE LAW. This Lease shall be deemed to be a Virginia
Lease and shall be governed as to all matters whether of validity, Interpretations,
obligations, performance or otherwise exclusively by the laws of the Commonwealth
of Virgirua, and all questions arising with respect thereto shall be determined In
accordance with such laws. Regardless of where actually delivered and accepted,
this Lease shall be deemed to have been delivered and accepted by the parties In
the Commonwealth of Virginia.
11. COMPLIANCE WITH ALL LAWS. Lessee shall comply with all laws,
rules and regulations of LESSOR and all other governmental authorities respecting
the uSle, operation and activities on the Property, Including all applicable
environmental laws, and shall not make or be a party to any unlawful, improper or
offensive use of such premises or nuisance thereon.
City hereby represents to the Lessee, that to the best of the City's
knowledge, without the requirement for independent investigation, no hazardous
matenal such as petroleum products, asbestos and any other hazardous or tOXIC
substance has been used, disposed of, or IS located on the leased Property or the
soil or 'groundwater on or under the leased Property. Any costs associated with
violations of the law Including, but not limited to, remediations, clean up costs, fines,
administrative or civil penalties or charges, and third party claims Imposed on the
City by any regulatory agency or by any third party as a result of the noncompliance
with federal, state or local environmental laws and regulations or nUisance statutes
by the Lessee or by its employees, contractors, consultants, subconsultants, or any
other persons, corporations or legal entities retained by it for the leased Property,
shall be paid by the Lessee.
It is expressly understood and agreed that Lessee, in no way,
represents or acts on behalf of LESSOR or any department thereof.
5
12. VENUE. Any and all suits for any claims or for any and every breach
or dispute arising out of this Lease shall be maintained In the appropriate court of
competent jurisdiction In the City of Virginia Beach.
13. INVALIDITY. If any section, paragraph, subparagraph. sentence,
clause or phrase of this Lease shall be declared or judged Invalid or
unconstitutional, such adjudication shall not affect the other sections, paragraphs,
sentences, clauses or phrases.
14. NOTICES. Any notice which may be or IS required to be given
pursuant to the provisions of this Lease shall be delivered or sent by certified mail,
prepaid, return receipt requested, and addressed as follows:
If to Lessee, to:
DOLPHIN RUN CONDOMINIUM
ASSOCIATION, INC.
303 ATLANTIC AVENUE
VIRGINIA BEACH. VA 23451
If to LESSOR, to:
FACILITIES MANAGEMENT OFFICE
2424 COURTHOUSE, ROOM 228
MUNICIPAL COMPLEX. BUILDING 18
VIRGINIA BEACH, VA 23456
15. ENTIRE AGREEMENT. This Lease contains the entire agreement
between the parties hereto and may not be modified orally or In any manner other
than an agreement In writing, Signed by all the parties hereto and their respective
successors In interest. This Lease shall Inure to the benefit of and be binding upon
the respective heirs, legal representatives, successors, and permitted assigns of the
parties hereto.
6
Hi. SURVIVAL. The representations, warranties, and agreements
of the parties contained In this Lease and in all other documents delivered in
connection with this Lease shall survive the expiration or sooner termination of this
Lease.
1J. HOLDOVER. If Lessee fails to surrender the Property on the date
that the Term of this Lease expires or terminates, Lessee's continued occupancy
shall be deemed to be a tenancy-at-will (and not a tenancy from month-to-month
or from year-to-year) cancelable by LESSOR upon 48 hours prior oral or written
notice, and such tenancy shall be subject to all of the provisions of thiS Lease,
except tl1at Rent during the holdover tenancy shall be equal to twice the Rent in
effect immediately prior to the end of the Term.
IN WITNESS WHEREOF, the parties hereto have each caused thiS Lease to
be executed by their proper representatives as of the day and year first above
written, pursuant to due authority.
[Remainder of page intentionally left blank, signatures on following page]
7
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST.
Ruth Hodges Fraser
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH. to-wit:
The foregoing Instrument was acknowledged before me this _ day
of .2008. by , City Manager/Authorized Designee of
the City Manager of the City of Virginia Beach, on its behalf. He/She is personally
known to me.
Notary Public
My commission expires:
Lessee:
DOLPHIN RUN CONDOMINIUM
ASSOC N, INC., a VirgInia non-stock
corpora io
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH. to-wit:
1-'#-
. ~. .~e foregoing i~me~ vyas acknowledged before me thiS ~ day
of l~008. by \J~(' ~~ , Lessee.
on its behalf. He/She is personally known to me.
My commission expires: \ L- -
Nota~ ublic =tOC:~~~k~3
NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
MY COMMIUION EXPIRES DECEMBER 31, 2011
8
APPROVED AS TO CONTENT:
APPROVED AS TO
LEGAL SUFFICIENCY:
~~~~~lAil <-fZCid(c-~
Law Department
APPROVED AS TO CONTENT:
Z~ ~~/';~~>7___
isk Management
9
1 1
10
EXHIBIT "A"
TO BE LEASED TO THE DOLPHIN RUN CONDIMINIUM
ASSOCIATION BY THE CITY OF VIRGINIA BEACH
0.09 Acres at 3rd Street
and Atlantic Avenue
- lntef$tate
- Primary Roads
- Streeta
Parcel
. Water Bodies
)l
SCALE 1: 1,761
,.. - ""( J J I
HJl C 1-::C 20C SOO
Fi:ET
A
11
~
~
\
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Resolution Authonzlng the Issuance of General Obligation School Bonds of $7.5
Million to be Sold to the Virginia Public School Authority
MEETING DATE: October 7, 2008
. Background: On October 23,2007, City Council approved a resolution for the
Virginia Beach School Board to submit an application to the Virginia Board of Education
for a Literary Fund Loan of $7.5 million to apply towards the construction of the new
Virginia Beach Middle School. The application was approved by the Virginia Board of
Education and placed on the Literary Fund Loan waiting list. In order to expedite the
loan process, the School Board on September 9, 2008, requested that the loan be
placed In the Virginia Public School Authority ("VPSA") Interest Rate SubSidy Program
which prOVides funding for schools on the Literary Fund waiting list. The School Board
also requested in their resolution of September 9th that the City Council Issue general
obligation bonds In an aggregate pnnclpal amount not to exceed $7.5 million to VPSA
for the purpose of finanCing the capital Improvements.
. Considerations: A resolution authorizing the Issuance of not-to-exceed
$7,500,000 General Obligation School Bonds to be sold to VPSA has been prepared by
bond counsel, Hunton & Williams. The resolution provides for the terms and details of
the transaction and authorizes the City Manager to enter Into a Bond Sale Agreement
with VPSA. The VPSA finanCing through the subSidy program IS prOVided at the same
effective cost (3%) as if the City had borrowed from the Literary Fund. The VPSA
finanCing IS planned for October 22"d
This IS not a new authorization of debt. This Issuance of bonds was authOrized by
ordinance adopted by City Council on May 15, 2007 as part of the City Charter bonds
approved for school purposes. This Issuance IS a part of school debt that IS authOrized
and Unissued at thiS time.
. Public Information: Public notice will be proVided through the normal Council
agenda process. ThiS item was also a part of the School Board agenda on September
9, 2008. A copy of the Proceeds Agreement IS available for Inspection In the City
Clerk's Office.
. Alternative: Remain on the Literary Fund Loan waiting list until funds become
available.
. Recommendations: The VPSA subSidy program accelerates funding for the
school project at the same low cost of the Literary Fund Loan. Therefore, the resolution
IS recommended for approval.
.
Attachments:
Resolution
Adopted School Board Resolution
Bond Sale Agreement
Recommended Action: Approval of Resolution
Submitting Department/Agency: Finance Q~l!tt..L ~
City Manager~ '\L, ~Ll<>"'l.
RESOLUTION AUTHORIZING THE ISSUANCE OF
GENERAL OBLIGATION SCHOOL BONDS, SERIES 2008B,
OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
IN A PRINCIPAL AMOUNT NOT TO EXCEED $7,500,000
TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY
AND PROVIDING FOR THE FORM AND DETAILS THEREOF
WHEREAS, m January 2008, the Commonwealth of VirgIma Board of EducatIOn (the
"Board of Education") placed the applicatIOn (the "ApplicatIOn") of the School Board of the City
of VirgmIa Beach, VirgIma (the "School Board"), for a loan of $7,500,000 (the "Literary Fund
Loan") from the Literary Fund, a permanent trust fund established by the ConstitutIOn of
VirgIma (the "Literary Fund"), for the constructIOn, renovatIOn and expansIOn of school facilities
(the "Project") m the City ofVirgIma Beach, VirgIma (the "City"), on the First Pnonty WaIting
LIst;
WHEREAS, the Board of EducatIOn was to have approved the release of LIterary Fund
moneys to the School Board and make a commItment to loan such moneys to the School Board
(the "CommItment") wIthm one year of placement of the Application on the First Pnonty
WaItmg List upon receIpt by the LIterary Fund of an unencumbered sum available at least equal
to the amount of the Application and the approval, by the Board of Education, of the ApplicatIOn
as havmg met all condittons for a loan from the LIterary Fund;
WHEREAS, the Board of EducatIOn was thereafter to have given advances on the
amount of the CommItment for the LIterary Fund Loan to the School Board, as constructIOn or
renovatIon of the Project progressed, m exchange for temporary notes from the School Board to
the Literary Fund (the "Temporary Notes") for the amounts so advanced;
WHEREAS, after the completion of the Project and the advance of the total amount of
the CommItment, the Temporary Notes were to have been consolidated mto a permanent loan
note of the School Board to the LIterary Fund (the "Literary Fund Obligatton") whIch was to
eVIdence the obligation of the School Board to repay the LIterary Fund Loan;
WHEREAS, the LIterary Fund ObligatIOn was to have borne mterest at 3% per annum
and mature m annual mstallments for a penod of 20 years;
WHEREAS, m connection WIth the 2008 Interest Rate SubSIdy Program (the
"Program"), the VirgIma Public School Authonty (the "VPSA") has offered to purchase general
obligatIOn school bonds of the City, and the Board of EducatIOn has offered to pay, to the City, a
lump sum cash payment (the "Lump Sum Cash Payment") equal to the sum of (i) net present
value difference, determmed on the date on winch VPSA sells Its bonds, between the weIghted
average mterest rate that the general obligatIOn school bonds of the City will bear upon sale to
VPSA and the mterest rate that the LIterary Fund ObligatIOn would have borne plus (ii) an
allowance for the costs of Issumg such bonds of the City (the "Issuance Expense Allowance");
WHEREAS, m response to the VPSA offer under the Program, the City Council (the
"City Council") has determmed to ISSUe general obligatIOn school bonds for the purpose of
financmg certam projects for school purposes, mcluding WIthout limItation, the Project; and
WHEREAS, the City has held a public heanng, duly noticed, on April 19, 2007, on the
Issuance of general obligation bonds for, among other purposes, school purposes, m accordance
WIth the reqUirements of SectIOn 15.2-2606, Code of VirgIma 1950, as amended (the "VirgIma
Code");
WHEREAS, on May 15, 2007, the City Council adopted an ordinance authonzmg the
Issuance of general obligatIOn bonds for, among other purposes, school purposes, m the
maxImum amount of $63,800,000, none of WhICh bonds have been Issued and sold; and
WHEREAS, the School Board has, by resolution adopted on September 9, 2008,
requested the City Council to authonze the Issuance of general obligatIOn school bonds and
consented to the Issuance of such bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA.
1. Authorization of Bonds and Use of Proceeds. The City Council hereby
determmes that It IS advIsable to contract a debt and Issue and sell ItS general obligation school
bonds m an aggregate pnncIpa1 amount not to exceed $7,500,000 (the "Bonds") for the purpose
of financmg certam capItal projects for school purposes, mcluding WIthout limItatIOn, the Project
described m ExhibIt B. The City Council hereby authonzes the Issuance and sale of the Bonds m
the form and upon the terms established pursuant to thIS Resolution.
2. Sale of the Bonds. It IS determmed to be m the best mterest of the City to accept
the offer of VPSA. to purchase from the City, and to sell to VPSA, the Bonds at a pnce,
determmed by VPSA to be faIr and accepted by the Mayor and the City Manager, eIther of
whom may act. lhe Mayor, the City Manager and such officer or officers of the City as eIther
may deSIgnate, any of whom may act, are hereby authonzed and directed to enter mto a Bond
Sale Agreement dated as of October 10, 2008 (the "Bond Sale Agreement"), WIth VPSA
proVIding for the sale of the Bonds to VPSA. The Bond Sale Agreement shall be m substantially
the form submItted to the City Council at thIS meetmg, WhICh form IS hereby approved WIth such
completIOns, omISSIOns, msertIOns and changes not mconsIstent WIth thIS Resolution as may be
approved by the officer executmg the Bond Sale Agreement, hIS executIOn to constitute
conclUSIve eVIdenee of hIS approval of any such completions, omISSIons, msertIOns and changes.
3. Details of the Bonds. The Bonds shall be Issuable m fully registered form; shall
be dated the date of Issuance and delivery of the Bonds; shall be deSIgnated "General ObligatIOn
School Bonds, Senes 2008B"; shall bear mterest from the date of delivery thereof payable semI-
annually on each January 15 and July 15, begInnmg July 15, 2009 (each an "Interest Payment
Date"), at the rates establIshed m accordance WIth Section 4 of thIS ResolutIOn; and shall mature
on July 15 m the years (each a "PnncIpa1 Payment Date") and m the amounts set forth on
Schedule I attached hereto (the "PnncIpal Installments"), subject to the prOVISIOns of Section 4
of tills ResolutIOn.
4. Interest Rates and Principal Installments. The City Manager IS hereby
authonzed and directed to accept the mterest rates on the Bonds established by VPSA, proVIded
that each mterest rate shall be ten one-hundredths of one percent (0.10%) over the mterest rate to
2
be paid by VPSA for the corresponding pnncIpal payment date of the bonds to be Issued by
VPSA (the "VPSA Bonds"), a portIOn of the proceeds of whIch will be used to purchase the
Bonds, and provIded further, that the true Interest cost of the Bonds does not exceed five and
fifty one-hundredths percent (5.50%) per annum. The Interest Payment Dates and the PnncIpal
Installments are subject to change at the request of VPSA. The City Manager IS hereby
authonzed and directed to accept changes In the Interest Payment Dates and the PnncIpa1
Installments at the request of VPSA, provIded that the aggregate pnncIpal amount of the Bonds
shall not exceed the amount authonzed by thIS ResolutIOn and provIded further that the final
matunty of the Bonds occurs no later than December 31,2028. The execution and delivery of
the Bonds as described In Section 8 hereof shall conclusIvely eVIdence such mterest rates
established by VPSA and Interest Payment Dates and the PnncIpal Installments requested by
VPSA as havmg been so accepted by the City Manager as authonzed by thIS ResolutIOn.
5. Form of the Bonds. The Bonds shall be InItially m the form of a sIngle,
temporary typewntten bond substantially m the form attached hereto as ExhibIt A.
6. Payment: Pavine: Ae:ent and Bond Ree:istrar The followmg provIsIOns shall
apply to the Bonds:
(a) For as long as VPSA IS the registered owner of the Bonds, all payments of
pnncIpa1 and Interest on the Bonds shall be made In lUlmediately available funds to VPSA at, or
before 11 :00 a.m. on the applicable Interest Payment Date or Pnnclpa1 Payment Date, or If such
date IS not a busmess day for VirgIma banks or for the Commonwealth of VirgInia, then at or
before 11 :00 a.m. on the busmess day next succeeding such Interest Payment Date or PnncIpa1
Payment Date.
(b) All overdue payments of pnncIpal and, to the extent permItted by law, Interest
shall bear mterest at the applicable mterest rate or rates on the Bonds.
(c) The Bank of New York Mellon, Richmond, VirgIma, IS deSIgnated as bond
registrar and paymg agent for the Bonds (the "Bond Registrar"). The City, In ItS sole discretion,
may replace at any time the Bond Registrar wIth another qualified bank or trust company as
successor Bond Registrar.
7. No Redemption or Prepayment. The PnncIpal Installments of the Bonds shall
not be subject to redemptIOn or prepayment. Furthermore, the City Council covenants, on behalf
of the City, not to refund or refinance the Bonds WIthout first obtaInmg the wntten consent of
VPSA or the registered owner of the Bonds.
8. Execution of the Bonds. The Mayor or Vice Mayor, eIther of whom may act,
and the City Clerk or any Deputy Clerk, eIther of whom may act, are authonzed and directed to
execute and deliver the Bonds and to affix the seal of the City thereto.
9. Plede:e of Full Faith and Credit. For the prompt payment of the pnnclpal of and
mterest on the Bonds as the same shall become due, the full faIth and credit of the City are
hereby Irrevocably pledged. In each year while any of the Bonds shall be outstanding there shall
be leVIed and collected m accordance WIth law an annual ad valorem tax upon all taxable
property In the City subject to local taxation sufficIent m amount to provIde for the payment of
3
the pnncIpa1 of and the mterest on the Bonds as such pnncIpal and mterest shall become due,
whIch tax shall bt.: wIthout limItatIOn as to rate or amount and m addition to all other taxes
authonzed to be levIed m the City to the extent other funds of the City are not lawfully available
and appropnated for such purpose.
10. Use of Proceeds Certificate and Certificate as to Arbitra2e. The Mayor, the
City Manager and such officer or officers of the City as eIther may deSIgnate, any of whom may
act, are hereby authonzed and directed to execute a CertIficate as to ArbItrage and a Use of
Proceeds CertIficate each settmg forth the expected use and mvestment of the proceeds of the
Bonds and contammg such covenants as may be necessary m order to show compliance WIth the
proVIsIons of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable
regulatIOns relatmg to the exclUSIOn from gross mcome of mterest on the Bonds and on the
VPSA Bonds except as proVIded below The City Council covenants on behalf of the City that
(i) the proceeds from the Issuance and sale of the Bonds will be mvested and expended as set
forth m such CertIficate as to ArbItrage and such Use of Proceeds CertIficate and that the City
shall comply WIth the other covenants and representatIOns contamed therem and (ii) the City
shall comply WIth the proVISIOns of the Code so that mterest on the Bonds and on the VPSA
Bonds will rem am excludable from gross mcome for Federal mcome tax purposes.
11. State Non-Arbitra2e Pro2ram: Proceeds A2reement. The City Council hereby
determmes that It IS m the best mterests of the City to authonze and direct the City Treasurer to
partICIpate m the State Non-ArbItrage Program m connection WIth the Bonds. The Mayor, the
City Manager and such officer or officers of the City as eIther may deSIgnate, any of whom may
act, are hereby authonzed and directed to execute and deliver a Proceeds Agreement WIth respect
to the depOSIt and mvestment of proceeds of the Bonds by and among the City, the other
partICIpants m the sale of VPSA Bonds, VPSA, the mvestment manager and the depOSItOry,
substantially m thl.~ form submItted to the City Council at thIS meetmg, WhICh form IS hereby
approved, WIth such completIOns, omISSIOns, msertIOns and changes not mconsIstent WIth thIS
ResolutIOn as may be approved by the officer executmg such Proceeds Agreement, IDS execution
to constitute conclUSIve eVIdence of IDS approval of any such completIOns, omISSIons, msertIOns
and changes.
12. Continuin2 Disclosure A2reement. The Mayor, the City Manager and such
officer or officers of the City as eIther may deSIgnate, any of whom may act, are hereby
authonzed and directed to execute a Contmumg DIsclosure Agreement, substantially m the form
attached as Appendix F to the Bond Sale Agreement, settmg forth the reports and notices to be
filed by the City and contammg such covenants as may be necessary m order to show
compliance WIth the proVISIOns of the SecuntIes and Exchange ComnllSSIOn Rule 15c2-12, under
the SecuntIes and Exchange Act of 1934, as amended, and directed to make all filings reqUIred
by SectIOn 3 of tht) Bond Sale Agreement should the City be determmed by VPSA to be a MOP
(as defined m the Contmumg DIsclosure Agreement).
13. Further Actions. The members of the City Council and all officers, employees
and agents of the City are hereby authonzed to take such action as they or anyone of them may
conSIder necessary or deSIrable m connection WIth the Issuance and sale of the Bonds and any
such actIOn preVIOusly taken IS hereby ratified and confirmed.
4
14. Effective Date. ThIS ResolutIOn shall take effect Immediately
* * *
The undersIgned City Clerk of the City of VirgmIa Beach, VirgInIa, hereby certIfies that
the foregoIng constitutes a true and correct extract from the mInutes of a meetmg of the City
Council of SupervIsors held on October 7, 2008, and of the whole thereof so far as applicable to
the matters referred to In such extract. I hereby further certIfy that such meetIng was a regularly
scheduled meetmg and that, dunng the consIderatIOn of the foregOIng resolutIOn, a quorum was
present.
Members present at the meetmg were:
Members absent from the meetmg were:
Members votIng m favor of the foregomg resolution were:
Members
votmg
agamst
the
foregomg
resolution
were:
Members abstaInmg from votIng on the foregomg resolutIOn were:
WITNESS MY HAND and the seal of the City of VirgmIa Beach, VirgmIa, thIS
day of October, 2008.
City Clerk, City ofVirgIma Beach, VirgIma
[SEAL]
5
EXHIBIT A
(FORM OF TEMPORARY BOND)
NO TS-1
$
UNITED STATES OF AMERICA
COMMONWEAL TH OF VIRGINIA
CITY OF VIRGINIA BEACH
General Obligation School Bond
Series 2008B
The CITY OF VIRGINIA BEACH, VIRGINIA (the "City"), for value receIved,
hereby acknowledges Itself mdebted and promIses to pay to the VIRGINIA PUBLIC SCHOOL
AUTHORITY the pnncIpal amount of DOLLARS ($ ), m annual
mstallments m the amounts set forth on Schedule I attached hereto payable on July 15, 2009, and
annually on July 15 thereafter to and mcluding July 15,20_ (each a "PnncIpal Payment Date"),
together wIth mterest from the date of thIS Bond on the unpaid mstal1ments, payable semI-
annually on January 15 and July 15 of each year, commencmg on July 15, 2009 (each an
"Interest Payment Date"; together wIth any PnncIpa1 Payment Date, a "Payment Date"), at the
rates per annum set forth on Schedule I attached hereto. Both pnncIpal of and mterest on thIS
Bond are payable 111lawful money of the Umted States of Amenca.
For as long as the VirgmIa Public School Authonty IS the registered owner of tills Bond,
The Bank of New York Mellon, RIchmond, VirgIma, or any successor entity appomted by the
City, as bond registrar and paying agent (the "Bond Registrar"), shall make all payments of
pnncIpal of and mterest on thIS Bond, wIthout the presentatIOn or surrender hereof, to the
VirginIa Public School Authonty, m Immediately available funds at or before 11 :00 a.m. on the
applicable Payment Date. If a Payment Date IS not a busmess day for banks m the
A-I
, 1 1
Commonwealth of VirgIma or for the Commonwealth of VirgIma, then the payment of pnncIpal
of or mterest on tills Bond shall be made m Immediately available funds at or before 11 :00 a.m.
on the busmess day next succeeding the scheduled Payment Date. Upon receIpt by the regIstered
owner of thIS Bond of saId payments of pnncIpal and mterest, wntten acknowledgment of the
receIpt thereof shall be given promptly to the Bond Registrar, and the City shall be fully
discharged of ItS obligation on thIS Bond to the extent of the payment so made. Upon final
payment, thIS Bond shall be surrendered to the Bond Registrar for cancellation.
The full faith and credit of the City are Irrevocably pledged for the payment of the
pnncIpal of and mterest on thIS Bond. The resolution adopted by the City Council authonzmg
the Issuance of the Bonds provIdes, and SectIOn 15.2-2624, Code of VirgIma 1950, as amended,
reqUires, that there shall be leVIed and collected an annual tax upon all taxable property m the
City subject to local taxation suffiCIent to provIde for the payment of the pnncIpal of and mterest
on thIS Bond as the same shall become due, whIch tax shall be WIthout lImItatIOn as to rate or
amount and shall be m addition to all other taxes authonzed to be leVIed m the City to the extent
other funds of the City are not lawfully available and appropnated for such purpose.
ThIS Bond IS duly authonzed and Issued m compliance WIth and pursuant to the
ConstitutIOn and laws of the Commonwealth of VirgIma, mcluding the Public Finance Act of
1991, Chapter 26, Title 15.2, Code of VirgIma 1950, as amended, and an ordinance and
resolutIOns duly adopted by the City Council and the School Board of the City to proVIde funds
for capItal projects for school purposes.
ThIS Bond may be exchanged WIthout cost, on twenty (20) days wntten notice from the
VirgIma Public School Authonty, at the office of the Bond Registrar on one or more occasIOns
for two or more temporary bonds or defimtIve bonds m fully registered form m denommatIOns of
$5,000 and whole multIples thereof, and; m any case, havmg an equal aggregate pnncIpal
A-2
amount havmg matuntIes and beanng mterest at rates corresponding to the matuntIes of and the
mterest rates on th(: mstallments of pnncIpal of thIS Bond then unpaid. ThIS Bond IS registered m
the name of the VirgIma Public School Authonty on the books of the City kept by the Bond
RegIstrar, and the transfer of thIS Bond may be effected by the registered owner of this Bond
only upon due ex(.~cutIOn of an aSSIgnment by such regIstered owner. Upon receIpt of such
aSSIgnment and the surrender of thIS Bond, the Bond RegIstrar shall exchange thIS Bond for
defimtIve Bonds as heremabove proVIded, such defimtIve Bonds to be regIstered on such
registratIon books m the name of the aSSIgnee or aSSIgnees named m such aSSIgnment.
The pnncIpal mstallments of thIS Bond are not subject to redemptIOn or prepayment.
All acts, ,conditIOns and thmgs reqUired by the ConstitutIOn and laws of the
Commonwealth of VirgIma to happen, eXIst or be performed precedent to and m the Issuance of
thIS Bond have happened, eXIst and have been performed m due time, form and manner as so
reqUired, and trus Bond, together WIth all other mdebtedness of the City, IS wItrun every debt and
other limit prescribed by the ConstitutIon and laws ofthe Commonwealth ofVirgIma.
IN WITNESS WHEREOF, the City Council of the City of VirgmIa Beach has caused
thIS Bond to be Issued m the name of the City of VirgmIa Beach, VirgIma, to be SIgned by Its
Mayor or Vice Mayor, ItS seal to be affixed hereto and attested by the SIgnature of ItS City Clerk
or any of ItS Deputy Clerks, and thIS Bond to be dated November 20, 2008.
CITY OF VIRGINIA BEACH, VIRGINIA
(SEAL)
ATTEST
City Clerk, City of VirgIma Beach;
VirgIma
Mayor, City ofVirgIma Beach, VirgIma
A-3
ASSIGNMENT
FOR VALUE RECEIVED, the undersIgned sells, assIgns and transfers unto
(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF
ASSIGNEE)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE:
the WIthIn Bond and Irrevocably constItutes and appomts
attorney to exchange saId Bond
for defimtIve bonds In lieu of whIch thIS Bond IS Issued and to register the transfer of such
defimtIve bonds on the books kept for registratIOn thereof, WIth full power of substitutIOn m the
premIses.
Date:
Signature Guaranteed:
Registered Owner
(NOTICE. The sIgnature above
must correspond WIth the name
of the Registered Owner as It
appears on the front of thIS
Bond m every partIcular,
WIthout alteratIOn or change.)
(NOTICE. Signature(s) must be
guaranteed by an "eligible guarantor
mstItutIOn" meetIng the reqUirements
of the Bond Registrar whIch
reqUirements will mclude Membership or
partIcIpatIOn m STAMP or such other "SIgnature
guarantee program" as may be determmed by
the Bond Registrar m additIOn to, or m substitutIOn for,
STAMP, all m accordance WIth the SecuntIes Exchange
Act of 1934, as amended.
A-4
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PROJECT DESCRIPTION
The Project consIsts of the constructIOn of a replacement mIddle school.
B-1
22764.000273 EMF_US 26221473v2
, 1 I'
EXHIBIT B
SCHOOL BOARD
Dlnlel D. EdwIl1ll
Chairman
Dislrict 1 . Centerville
1513 Bea:hVl8W OlIve
VA Beach. VA 23464
495-3551 (h) . 717-0259 (c)
RIta Sweet IIeIIltto
VIce ChllnnM
At-Large
P.O. Box 6448
VA Beach. VA 23456
418-0960 (c)
MUIIlI J. "Bill" Brunke, IV
Dis1nct 7 - Pnncess Anne
4099 Foxwood Dr., Suite 201
Vlllllm8 Bea:h. VA 23462
222-0134 (w) .286-2772 (c)
Todd C. DIlvIdton
At-Large
2424 Savlllnah Trail
VA Bea:h. VA 23456
427.3330 (w) . 285-9409 (c)
Emma L "Em" DavIt
Dislnct 5 - Lynnhaven
1125 Michaelwood Dnve
VA Beach. VA 23452
340-8911 (h)
Patrtcla G. EdmonlOn
District 6 - Beach
401-205 Harbour PoInt
VA Beach. VA 23451
675-0137 (h)
Edward F. Rlllllg..., Sr.
At-large
412 Beelon Place
VA Beach. VA 23452
486-4567 (h)
Dan R. lowe
District 4 - Bayside
4617 Red Coat Road
VA Beach. VA 23455
490-3681 (hI
Sandra Smlth.Jones
District 2 - Kempsvlfle
705 Rook Cleek Court
VA Beach, VA 23462
490-8167 (h)
MIchael W. Stewart
Disltict 3 - Rose HaU
105 Brentwood Court
VA Beach. VA 23452
498-4303 (h) . 445-4637 (w)
Carolyn D. WeItl18
At-large
1420 Claudia OIlve
VA Beach. VA 23455
464-6674 (h)
SUPERINTENDENT
Jam.1 G. Merrill. Ed.D.
2512 George Mason llnve
VA Beach, VA 23456
263-1007
~i;~
RESOLUTION RATIFYING THE FILING OF AN APPLICATION WITH THE
VIRGINIA PUBLIC SCHOOL AUTHORITY FOR A SUBSIDY LOAN IN A
PRINCIPAL AMOUNT NOT TO EXCEED $7,500,000 AND REQUESTING AND
CONSENTING TO THE ISSUANCE OF GENERAL OBLIGATION SCHOOL
BONDS
WHEREAS, the School Board (the "School Board") of the City of Virginia Beach,
Virginia (the "City"), has determined that it is necessary and deSirable to undertake
various capital improvements for its public school system, Including the
replacement of the Virginia Beach Middle School facility;
BE IT RESOLVED BY THE SCHOOL BOARD OF THE CITY OF VIRGINIA
BEACH:
1. The filing of an application with the Virginia Public School Authority
("VPSA") for a subsidy loan to the City In a principal amount not to exceed
$7,500,000 to finance various capital Improvements to the City's public school
system is hereby ratified. The actions of the School Superintendent, in
collaboration with the other officers of the School Board and officers of the City, In
completing and filing such application and delivenng it to VPSA are hereby ratified.
2. The School Board (a) requests that the City Council issue general
obligation school bonds in an aggregate prinCipal amount not to exceed
$7,500,000 (the "Bonds") to VPSA for the purpose of financing vanous capital
Improvements to the City's public school system, including the replacement of the
Virginia Beach Middle School facility, and (b) consents to the issuance of the
Bonds to VPSA.
3. The Clerk of the School Board is authorized and directed to cause a
certified copy of this Resolution to be delivered to the Clerk of the City Council.
4. This resolution shall take effect Immediately.
Adopted by the School Board of the City of Virginia Beach thiS 9th day of
September 2008.
~D~-4-
Chairman
SEA L
ATTEST:
~vvxL, ~~
Dianne P. Alexander
Clerk (If the Board
School Administration Building' 2512 George Mason Dnve . P.O. Box 6038 . Virginia Beach. VA 23456'()()38
vww.vbschools com
I I I'
VIRGINIA PUBLIC SCHOOL AUTHORITY
BOND SALE AGREEMENT
Name of Jurisdiction (the "Local Unit"):
Sale Date: The VPSA Sale Date (expected to be on or about October 22, 2008)
Closing Date: On or about November 20, 2008
Proceeds Requested:
Maximum Authorized Par Amount:
Amortization Period:
*******************************************************************************
1. The Virginia Public School Authority ("VPSA") hereby offers to purchase, solely from the
proceeds of VPSA's Series 2008 B Bonds ("VPSA's Bonds"), your general obligation
school bonds at a price, determined by VPSA to be fair and accepted by you, that, subject to
VPSA's purchase price objective and market conditions described below, is substantially
equal to your Proceeds Requested set forth above (as authorized by your bond resolution).
The sale of VPSA's bonds is tentatively scheduled for October 22, 2008, but may occur,
subject to market conditions, at any time between October 13, 2008, and October 30, 2008
(the "VPSA Sale Date"). You acknowledge that VPSA has advised you that its objective is
to pay you a purchase price for your bonds which in VPSA's judgment reflects their market
value ("purchase przce objective '') taking into consideration such factors as the amortization
schedule you have requested for your bonds relative to the amortization schedules requested
by the other localities for their respective bonds, the purchase price received by VPSA for its
bonds and other market conditions relating to the sale of VPSA' s Bonds. You further
acknowledge that VPSA has advised you that such factors may result ip. your bonds having
a value other than par and that in order to receive an amount of proceeds that is substantially
equal to your Proceeds Requested, you may need to issue a par amount of bonds that is
greater or less than your Proceeds Requested. You, at the request of VPSA, agree to issue
an amount of the local school bonds not in excess of the Maximum Authorized Par Amount
to provide, to the fullest extent practicable given VPSA's purchase price objective, a
purchase price for your bonds and a proceeds amount that is substantially equal to your
Proceeds Requested. You acknowledge that the purchase price for your bonds will be less
than the Proceeds Requested should the Maximum Authorized Par Amount be insufficient,
based upon VPSA's purchase price objective, to generate an amount of proceeds
substantially equal to your Proceeds Requested.
2. You represent that on or before October 10, 2008, your local governing body will have duly
authorized the issuance of your bonds by adopting a resolution in the form attached hereto
as Appendix B (the "local resolution") and that your bonds will be in the form set forth in
the local resolution. Any changes that you or your counsel wish to make to the form of the
local resolution and/or your bonds must be approved by VPSA prior to adoption of the local
resolution by your local governing body. I
3. You hereby covenant that you will comply with and carry out all of the provisions of the
Continuing Disclosure Agreement in the form attached hereto as Appendix F, which
agreement is hereby incorporated by reference herein and expressly made a part hereof for
all purposes. VPSA has defined a Material Obligated Person ("MOP") for purposes of the
Continuing Disclosure Agreement as any Local Issuer the principal amount of whose local
school bonds pledged under VPSA's 1997 Resolution comprises more than 10% of the total
principal amount of all outstanding 1997 Resolution bonds. MOP status will be determined
by adding the principal amount of your local school bonds to be sold to VPSA and the
principal amount of your local bonds previously sold to VPSA and currently pledged under
VPSA's 1997 Resolution and measuring the total against 10% of the face value of all bonds
outstanding as of the Closing Date under VPSA's 1997 Resolution. If you are or may be a
MOP, VPSA will require that you file all the information described in the following
paragraph prior to VPSA's distribution of its Preliminary Official Statement, currently
scheduled for October 14, 2008.
You acknowledge that if you are, or in the sole judgment of VPSA may be, a MOP
following the issuance of your local school bonds that are the subject of this Bond Sale
Agreement, VPSA will include by specific reference in its Preliminary Official Statements
and final Official Statements (for this sale and, if you remain a MOP or become a MOP
again after ceasing to be a MOP, for applicable future sales) the information respecting you
("Your Information") that is on file with the Nationally Recognized Municipal Securities
Information Repositories or their respective successors (''NRMSIRs'') and the .Municipal
Securities Rulemaking Board or its successors ("MSRB"). Accordingly, if VPSA has
determined that you are at any time a MOP (I) following the delivery of your local school
bonds to VPSA in connection with this sale, or (II) during the course of any future sale,
whether or not you are a participant in such sale, you hereby represent and covenant to
VPSA that you will file such additional information, if any, as is required so that Your
Information, as of each of (I)(A) the date of VPSA's applicable Preliminary Official
Statement (in the case of this sale, expected to be October 14,2008), (B) the date ofVPSA's
applicable final Official Statement (in the case of this sale, expected to be October 22, 2008)
and (C) the date of delivery of VPSA's Bonds (in the case of this sale, expected to be
November 20, 2008) and (II) such other dates associated with future sales as VPSA may
specify to you, will be true and correct and will not contain any untrue statement of a
material fact or omit to state a material fact which should be included in Your Information
for the purpose for which it is included by specific reference in VPSA's official statement or
which is necessary to make the statements contained in such information, in light of the
circumstances under which they were made, not misleading. You further agree to furnish to
VPSA a copy of all filings you make with NRMSIRs and the MSRB subsequent to the date
The local resolution has been drafted for the Issuance of bonds by a County. Bond
counsel will need to make approprzate changes m the local resolution for the
Issuance of bonds bya City or Town.
2
1 I 1
of this Agreement. Such copy will be furnished to VPSA on or before the day that any such
filing is made.
VPSA will advise you within 60 days after the end of each fiscal year if you were a MOP as
of the end of such fiscal year. Upon written request, VPSA will also advise you of your
status as a MOP as of any other date. You hereby covenant that you will provide the
certificate described in clause (e) of Section 4 below if VPSA includes Your Information by
specific reference in its disclosure docwnents in connection with this sale or any future sale,
whether or not you are a participant in such sale.
4. VPSA's commitment to purchase your bonds is contingent upon (I) VPSA's receipt on the
Closing Date of (a) your bonds which shall include and otherwise meet the Standard Terms
and Conditions contained in Appendix A hereto, (b) certified copies of the local resolution
(see Appendix B attached hereto) and the school board resolution (see Appendix E attached
hereto), (c) an executed agreement, among VPSA, you and the other, if applicable, local
units simultaneously selling their bonds to VPSA, the depository and the investment
manager for the State Non-Arbitrage Program@ ("SNAP@"), providing for the custody,
investment and disbursement of the proceeds of your bonds and the other general obligation
school bonds, and the payment by you and the other local units of the allocable, associated
costs of compliance with the Internal Revenue Code of 1986, as amended, and any costs
incurred in connection with your participation in SNAP@ (the "Proceeds Agreement"), (d)
an executed copy of the Use of Proceeds Certificate in the form attached hereto as Appendix
C, ( e) if VPSA has included by specific reference Your Information into VPSA' s
Preliminary and final Official Statement: your certificate dated the date of the delivery of
VPSA's Bonds to the effect that (i) Your Information was as of the date of VPSA's
Preliminary and final Official Statements, and is as of the date of the certificate which shall
be dated the closing date, true and correct and did not and does not contain an untrue
statement of a material fact or omit to state a material fact which should be included in Your
Information for the purpose for which it is included by specific reference in or which is
necessary to make the statements contained in such information, in light of the
circwnstances under which they were made, not misleading, and (ii) you have complied
with your undertakings regarding the amendments adopted on November 10, 1994 to Rule
15c2-12 under the Securities Exchange Act of 1934, as amended, (f) an approving legal
opinion from your bond counsel in form satisfactory to VPSA as to the validity of the bonds
and the exclusion from gross income for federal and Virginia income tax purposes of the
interest on your bonds, the conformity of the terms and provisions of your bonds to the
requirements of this Bond Sale Agreement including the appendices attached hereto, and the
due authorization, execution and delivery of this Bond Sale Agreement, Continuing
Disclosure Agreement and the Proceeds Agreement, and the validity of the Continuing
Disclosure Agreement and the Proceeds Agreement, (g) a transcript of the other customary
closing docwnents not listed above, and (h) the proceeds ofVPSA's bonds, (II) if you will
be using the proceeds of your bonds to retire a bond anticipation note, certificate of
participation or other form of interim fmancing (the "Interim Security"), receipt by VPSA
of (a) an opinion of your bond counsel that, as of the Closing Date, the Interim Security
will have been paid in full or defeased according to the provisions of the instrument
authorizing the Interim Security (in rendering such opinion bond counsel may rely on a
3
letter or certificate of an accounting or fmancial professional as to any mathematical
computations necessary for the basis for such opinion) and (b) an executed copy of the
escrow deposit agreement/letter of instruction providing for the retirement of the Interim
Security and (III) your compliance with the terms of this agreement. One complete original
transcript of the documents listed above shall be provided by your counsel to Sidley Austin
LLP, bond counsel to VPSA, on the Closing Date or, with VPSA's permission, as soon as
practicable thereafter but in no event more than thirty (30) business days after the Closing
Date.
5. Subject to the conditions described in Section 4 hereto, this Bond Sale Agreement shall
become binding as of the later of the VPSA Sale Date and the date you execute this Bond
Sale Agrt:ement.
Dated as of October 10, 2008.
Virginia Public School Authority
Name of Jurisdiction:
By:
Authorized VPSA Representative
By:
Name:
Title:
4
, I I'
(For information only; not part of the Bond Sale Agreement.)
Please have the presiding officer, or other specifically designated agent, of your governing body
execute two (2) copies of this Bond Sale Agreement and return them, along with the tax
questionnaire attached hereto as Appendix D, no later than close of business on October 10,
2008 to, Richard A. Davis, Public Finance Manager, Virginia Public School Authority, P. O.
Box 1879, Richmond, Virginia 23218-1879 or by hand or courier senice, James Monroe
Building- 3rd Floor, 101 N. 14th Street, Richmond, Virginia 23219. JPSA recommends the use
of an overnight delivery service to ensure timely arrival of your documents. If your governing
body or bond counsel requires more than one originally signed Bond Sale Agreement, please send
the appropriate number; all but one will be returned at closing.
5
APPENDIX A
to the Bond Sale Agreement
STANDARD TERMS AND CONDITIONS
Described below are terms of the local school bonds which must be embodied in your
bond resolution and bond form and other conditions which must be met in order for VPSA to
purchase your local school bonds on the Closing Date. VPSA will not purchase local school
bonds unless and until such terms are present in the related bond resolution and bond form
adopted by your governing body and such conditions are met.
Section 1.
Interest and Principal Payments
Your bonds will bear interest from the Closing Date2 set forth in the Bond Sale
Agreement and will mature on July 15 of the years and in the amounts as established by
VPSA. Your bonds will bear interest payable in installments due semiannually on
January 15 and July 15. The frrst interest and principal installment, will be payable on
July 15, 2009. Your bonds will bear interest at rates 10 basis points (0.10%) above the
actual ratles on VPSA' s Bonds with corresponding principal payment dates.
Section 2.
Payment
For so long as VPSA is the registered owner of your bonds,
(a) the paying agent and bond registrar therefor shall be a bank or trust company
qualified to serve as such, and
(b) all payments of principal, premium, if any, and interest shall be made in
funds that shall be immediately available to VPSA on or before 11 :00 AM. on the
applicable interest or principal payment date, or date fixed for prepayment or
redemption, or if such date is not a business day for banks in Virginia or for the
Commonwealth, then on or before 11 :00 AM. on the business day succeeding such
scheduled due date. Overdue payments of principal and, to the extent permitted by law,
interest shall bear interest at the applicable interest rates on your bonds.
Section 3,
Prepayment or Redemption
Note: Lo~~al School Bonds purchased by VPSA as part of the 2008 Fall Interest Rate
Subsidy Program are not subject to redemption or prepayment. The following
section applies to non-subsidized applicants only.
2 See the Endnotes 011 page A-5.
A-I
I I h
Bonds will be subject to redemption at the option of your governing body, subject to the
consent of VPSA or other registered owner. Your bond resolution shall provide for
prepayment or redemption as follows:
The bonds maturing after July 15, 2018 are subject to optional prepayment or
redemption prior to maturity by the issuer, from any available moneys, in whole
or in part, on any date on or after July 15, 2018, at the following prepayment or
redemption prices on the following prepayment or redemption dates, plus accrued
interest to the date fixed for prepayment or redemption:
Dates
Price
July 15,2018 through July 14,2019
July 15,2019 through July 14,2020
July 15,2020 and thereafter
101%
100~
100
Provided, however, that the bonds shall not be subject to prepayment or
redemption prior to their respective maturities except with the prior written
consent of the registered owner.
Notice of any such prepayment or redemption shall be given to the registered
owner by registered mail at least 60, but not more than 90, days prior to the date
fixed for prepayment or redemption.
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Section 4.
Security
Your bonds must constitute valid and binding general obligations for the payment of
which the full faith and credit of the local unit are irrevocably pledged, and all taxable
property within the boundaries of the local unit must be subject to the levy of an ad
valorem tax, over and above all other taxes and without limitation as to rate or amount,
for the payment of the principal of, and premium, if any, and interest on the bonds to the
extent other funds of the local unit are not lawfully available and appropriated for such
purpose.
Section 5.
Tax Matters
You shall complete the Questionnaire attached hereto as Appendix D to the Bond
Sale Agreement and send along with the Bond Sale Agreement for receipt no later
than the close of business on October 10, 2008 to Richard A. Davis, Public Finance
Manager', Virginia Public School Authority, either at P.O. Box 1879, Richmond,
Virginia 23218-1879 or if delivered by hand to the James Monroe Building - 3rd
Floor, 101 N. 14th Street, Richmond, Virginia 23219. You shall execute the Use of
Proceeds Certificate in the form provided in Appendix C attached to the Bond Sale
Agreement for receipt by VPSA at least three business days prior to the Closing Date.3
Section 6.
No Composite Issue
You will covenant not to sell, without VPSA's consent, any general obligation bonds
which are: part of the same common plan of financing (and payable from the same source
of funds) as your local school bonds, during the period beginning 15 days in advance of
and ending 15 days after the VPSA Sale Date. As noted in the Bond Sale Agreement, the
VPSA Sale Date is expected to be on or about October 22,2008 but, subject to market
conditions, may occur any time between October 13, 2008 and October 30,2008.
Section 7.
Binding Commitment
Subject to. the satisfaction of the conditions in Section 4 of the Bond Sale Agreement, the
Bond Sale Agreement shall constitute a binding commitment of the Local Issuer to sell its
Local School Bonds to VPSA as of the later of the VPSA Sale Date and the date the
Local Issuer executes the Bond Sale Agreement.
3 VPSA requires that the Use of Proceeds Certificate be executed separately from the tax certificates
prepared by your bond counsel. Your bond counsel may also prepare one or more tax certificates that
contam some mformation found m the Use of Proceeds Certificate m addition to mformation such as
your reasonable expectations as to meeting the requirements to any of the rebate exceptions.
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Section 8.
Request and Consent of County School Board4
Before the governing body of a County adopts the bond resolution, the County School
Board must fIrst request, by resolution, the governing body to take such action. The
County School Board must also consent to the issuance of bonds by the County. (See
form of resolution in Appendix E attached hereto.)
Section 9.
Public Hearing and Notice
Before the fmal authorization of your issuance of the bonds by the governing body, the
governing body must hold a public hearing on the proposed issue unless the issuance of
such bonds has been approved at referendum. The notice of the hearing, meeting the
requirements of Section 15.2-2606, Code of Virginia 1950, as amended, must be
published once a week for 2 successive weeks (notices at least 7 days apart) in a
newspaper published or having general circulation in your locality. The public hearing
may not be held less than 6 nor more than 21 days after the date the second notice
appears in the newspaper.
Section 10. Delivery
VPSA will accept delivery of your bonds only in the form of a single, typewritten,
temporary bond, in registered form, payable to VPSA. The form of the bond is included
as Exhibit A to the resolution in Appendix B to the Bond Sale Agreement. On 20 days
written notice from VPSA, you agree to deliver, at your expense, in exchange for the
typewritten bond, on one or more occasions, one or more temporary bonds or defInitive
bonds in marketable form and, in any case, in fully registered form, in denominations of
$5,000 and whole multiples thereof, and having the same aggregate principal amount and
accruing interest at the same rates as the bonds surrendered in exchange, as requested by
VPSA.
Section 11. Comprehensive Annual Financial Report
Annually for the life of your bonds, you will be required to submit a copy of your
locality's Comprehensive Annual Financial Report ("CAFR") or annual audited fInancial
statements to the rating agencies referenced below:
Moody's Investors Service, Inc.
Public Finance Department
Attention: Robert Kurtter
7 World Trade Center at 250 Greenwich Street
New York, New York 10007
Fitch Ratings
Governmental Finance
Attention: Richard J. Raphael
New York, New York 10004
4 Not applicable to cities and towns. (Section 15.2-2640, Code of Virginia)
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ENDNOTES
1 If VPSA does not purchase your local school bonds on the Closing Date due to your
fault, VPSA will invest, in demand or overnight investments, the amount of its bond
proceeds to be used to purchase your local school bonds. If you cure your failure to
deliver your local school bonds within the sixty (60) day period following the Closing
Date, VPSA will purchase your local school bonds and your bonds will bear interest from
the date of delivery and payment or other date satisfactory to VPSA. You will, however,
be required to pay to VPSA at your actual closing an amount equal to the positive
difference:, if any, between the amount of interest that would have accrued on your local
school bonds from the Closing Date to your actual closing date less the amount of interest
income VPSA was able to earn, during such period, from the investment of its bond
proceeds pending their use to purchase your bonds and the arbitrage yield on VPSA's
Bonds.
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[Appropriate Changes Will Need to
be Made for Cities and Towns]
APPENDIX B
to the Bond Sale Agreement
Resolution No.
RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$ GENERAL OBLIGATION SCHOOL BONDS
OF THE COUNTY OF , VIRGINIA, SERIES 2008 _'
TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY
AND PROVIDING FOR THE FORM AND DETAILS THEREOF.
WHEREAS, the Board of Supervisors (the "Board") of the County of
Virginia (the "County"), has detennined that it is necessary and expedient to borrow an amount not
to exceed $ and to issue its general obligation school bonds for the purpose of
financing certain capital projects for school purposes; and
WHEREAS, the County [held/will hold] a public hearing, duly noticed, on
2008, on the issuance of the Bonds (as defined below) in accordance with the requirements of
Section 15.2-2606, Code of Virginia 1950, as amended (the "Virginia Code"); and
WHEREAS, the School Board of the County has, by resolution, requested the Board to
authorize the issuance of the Bonds (as hereinafter defined) and consented to the issuance of the
Bonds; and
WHEREAS, the Bond Sale Agreement (as defined below) shall indicate that
$ is the amount of proceeds requested (the "Proceeds Requested") from the Virginia
Public School Authority (the "VPSA") in connection with the sale of the Bonds; and
WHEREAS, VPSA's objective is to pay the County a purchase price for the Bonds which,
in VPSA's judgment, reflects the Bonds' market value (the "VPSA Purchase Price Objective"),
taking into consideration of such factors as the amortization schedule the County has requested for
the Bonds relative to the amortization schedules requested by other localities, the purchase price to
be received by VPSA for its bonds and other market conditions relating to the sale of VPSA's
bonds; and
WHEREAS, such factors may result in the Bonds having a purchase price other than par
and consequently (i) the County may have to issue a principal amount of Bonds that is greater than
or less than the Proceeds Requested in order to receive an amount of proceeds that is substantially
equal to the Proceeds Requested, or (ii) if the maximum authorized principal amount of the Bonds
set forth in section 1 below does not exceed the Proceeds Requested by at least the amount of any
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discount, the purchase price to be paid to the County, given the VPSA Purchase Price Objective and
market conditions, will be less than the Proceeds Requested.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
THE COUNTY OF , VIRGINIA:
1 Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is
advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate
principal amount not to exceed $ 2 (the "Bonds") for the purpose of financing certain
capital projects for school purposes as described in Exhibit B. The Board hereby authorizes the
issuance and sale of the Bonds in the form and upon the terms established pursuant to this
Resolution.
2 Sale of the Bonds. It is determined to be in the best interest of the County to
accept the offer ofVPSA to purchase from the County, and to sell to VPSA, the Bonds at a price,
determined by VPSA to be fair and accepted by the Chairman of the Board and the County
[AdministratorlManager], or either of them [that is substantially equal to the Proceeds
Requested, except that the Bonds may be sold for a purchase price not lower than 95% of the
Proceeds Requested if issuing the Bonds in the maximum principal amount authorized by
Section 1 of this Resolution is insufficient, given the VPSA Purchase Price Objective and market
conditions, to generate an amount of proceeds substantially equal to the Proceeds Requested].
The Chairman of the Board, the County [AdministratorlManager], or either of them and such
other officer or officers of the County as either may designate are hereby authorized and directed
to enter into a Bond Sale Agreement, dated as of October 10, 2008, with VPSA providing for the
sale of the Bonds to VPSA. The agreement shall be in substantially the form submitted to the
Board at this meeting, which form is hereby approved (the "Bond Sale Agreement").
3 Details of the Bonds. The Bonds shall be dated the date of issuance and delivery of the
Bonds; shall be designated "General Obligation School Bonds, Series 2008 "; shall bear
interest from the date of delivery thereof payable semi-annually on each January 15 and July 15
beginning July 15, 2009 (each an "Interest Payment Date"), at the rates established in accordance
with Section 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal
Payment Date") and in the amounts set forth on Schedule I attached hereto (the "Principal
Installments"), subject to the provisions of Section 4 of this Resolution.
4 Interest Rates and Principal Installments. The County [AdministratorlManager] is
hereby authorized and directed to accept the interest rates on the Bonds established by VPSA,
provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest
rate to be paid by VPSA for the corresponding principal payment date of the bonds to be issued by
VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds,
and provided further that the true interest cost of the Bonds does not exceed [five and fifty one-
hundredths percent (5.50 %)] per annum. The Interest Payment Dates and the Principal Installments
are subject to change at the request of VPSA. The County [Administrator /Manager] is hereby
authorized and directed to accept changes in the Interest Payment Dates and the Principal
2
105% of the amount of the Proceeds Requested IS recommended
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Installments at the request of VPSA, provided that the aggregate principal amount of the Bonds
shall not exceed the amount authorized by this Resolution. The execution and delivery of the Bonds
as described in Section 8 hereof shall conclusively evidence such interest rates established by VPSA
and Interest Payment Dates and the Principal Installments requested by VPSA as having been so
accepted as authorized by this Resolution.
5 Form of the Bonds. The Bonds shall be initially in the form of a single, temporary
typewritten bond substantially in the form attached hereto as Exhibit A.
6 Payment: Pavinl! Al!ent and Bond Resrlstrar. The following provisions shall apply to
the Bonds:
(a) For as long as VPSA is the registered owner of the Bonds, all payments of principal,
premiwn, if any, and interest on the Bonds shall be made in immediately available funds to VPSA
at, or before 11 :00 am. on the applicable Interest Payment Date, Principal Payment Date or date
fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for
the Commonwealth of Virginia, then at or before 11 :00 a.m. on the business day next succeeding
such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption.
(b) All overdue payments of principal and, to the extent permitted by law, interest shall bear
interest at the applicable interest rate or rates on the Bonds.
(c)
Paying Agent for the Bonds.
, Virginia, is designated as Bond Registrar and
7 PreDavment or RedemDtion. The Principal Installments of the Bonds held by VPSA
coming due on or before July 15, 2018, and the definitive Bonds for which the Bonds held by
VPSA may be exchanged that mature on or before July 15, 2018, are not subject to prepayment or
redemption prior to their stated maturities. The Principal Installments of the Bonds held by VPSA
coming due after July 15,2018, and the definitive bonds for which the Bonds held by VPSA may be
exchanged that mature after July 15,2018, are subject to prepayment or redemption at the option of
the County prior to their stated maturities in whole or in part, on any date on o~ after July 15,2018,
upon payment of the prepayment or redemption prices (expressed as percentages of Principal
Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus
accrued interest to the date set for prepayment or redemption:
Dates
Prices
July 15,2018 through July 14,2019
July 15,2019 through July 14,2020
July 15,2020 and thereafter
101%
100~
100
Provided. however, that the Bonds shall not be subject to prepayment or redemption prior
to their stated maturities as described above without first obtaining the written consent of VPSA or
the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by
the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less
than sixty (60) days before the date :fixed for prepayment or redemption.
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8 Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy
Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal
of the County thereto.
9 Pledee of Full Faith and Credit. For the prompt payment of the principal of, premium,
if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the
County are hereby irrevocably pledged, and in each year while any of the Bonds shall be
outstanding there: shall be levied and collected in accordance with law an annual ad valorem tax
upon all taxable property in the County subject to local taxation sufficient in amount to provide for
the payment of the principal of and premium, if any, and the interest on the Bonds as such principal,
premium, if any, and interest shall become due, which tax shall be without limitation as to rate or
amount and in addition to all other taxes authorized to be levied in the County to the extent other
funds of the County are not lawfully available and appropriated for such purpose.
10 Use of Proceeds Certificate rand Certificate as to Arbitraee.] The Chairman of the
Board, the County [Administrator /Manager] and such other officer or officers of the County as
either may designate are hereby authorized and directed to execute [a Certificate as to Arbitrage
and] a Use of Proceeds Certificate each setting forth the expected use and investment of the
proceeds of the Bonds and containing such covenants as may be necessary in order to show
compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"),
and applicable regulations relating to the exclusion from gross income of interest on the Bonds and
on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the
issuance and sale of the Bonds will be invested and expended as set forth in [such Certificate as to
Arbitrage and] such Use of Proceeds Certificate and that the County shall comply with the other
covenants and representations contained therein and (ii) the County shall comply. with the
provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable
from gross income for Federal income tax purposes.
11 State Non-Arbitraee Pro!!nlm: Proceeds A!!I'eement. The Board hereby determines
that it is in the best interests of the County to authorize and direct the County [TreasurerlDirector of
Finance] to parti(~ipate in the State Non-Arbitrage Program in connection with the Bonds. The
Chairman of the Board, the County [Administrator/ Manager] and such officer or officers of the
County as either may designate are hereby authorized and directed to execute and deliver a Proceeds
Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the
County, the other participants in the sale of the VPSA Bonds, VPSA, the investment manager and
the depository, substantially in the form submitted to the Board at this meeting, which form is
hereby approved.
12 Continuine Disclosure Aereement. The Chairman of the Board, the County
[Administrator /Manager] and such other officer or officers of the County as either may designate
are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in
Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the
County and containing such covenants as may be necessary in order to show compliance with the
provisions of the Securities and Exchange Commission Rule 15c2-12, under the Securities
Exchange Act of 1934, as amended, and directed to make all filings required by Section 3 of the
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Bond Sale Agreement should the County be determined by VPSA to be a MOP (as defmed in the
Continuing Disclosure Agreement).
13 Filine: of Resolution. The appropriate officers or agents of the County are hereby
authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court
of the County.
14 Further Actions. The members of the Board and all officers, employees and agents of
the County are hereby authorized to take such action as they or anyone of them may consider
necessary or desirable in connection with the issuance and sale of the Bonds and any such action
previously taken is hereby ratified and conflnned.
15 Effective Date. This Resolution shall take effect immediately.
* * *
The undersigned Clerk of the Board of Supervisors of the County of
, Virginia, hereby certifies that the foregoing constitutes a true and correct extract
from the minutes of a meeting of the Board of Supervisors held on , 2008, and of the
whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify
that such meeting was a regularly scheduled meeting and that, during the consideration of the
foregoing resolution, a quorum was present. Members present at the meeting were:
Members absent from the meeting were:
Members voting in favor of the foregoing resolution were:
Members voting against the foregoing resolution were:
Members abstaining from voting on the foregoing resolution were:
WITNESS MY HAND and the seal of the Board of Supervisors of the County of
, Virginia, this _ day of ,2008.
Clerk, Board of Supervisors of
the County of , Virginia
[SEAL]
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EXHIBIT A
(FORM OF TEMPORARY BOND)
NO. TR-l
$
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
COUNTY OF
General Obligation School Bond
Series 2008 (*]
The COUNTY OF , VIRGINIA (the "County"), for value received, hereby
acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL
AUTHORITY the 'principal amount of DOLLARS ($ ), in annual
installments in the amounts set forth on Schedule I attached hereto payable on July 15,2009 and
annually on July 15 thereafter to and including July 15, 20_ (each a "Principal Payment Date"),
together with inte:rest from the date of this Bond on the unpaid installments, payable semi-annually
on January 15 and July 15 of each year, commencing on July 15,2009 (each ~ "Interest Payment
Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annWD set
forth on Schedul(.~ I attached hereto, subject to prepayment or redemption as hereinafter provided.
Both principal of and interest on this Bond are payable in lawful money of the United States of
America.
For as long as the Virginia Public School Authority is the registered owner of this Bond,
, as bond registrar (the "Bond Registrar"), shall make all payments of principal,
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premiwn, if any, and interest on this Bond, without the presentation or surrender hereof, to the
Virginia Public School Authority, in immediately available funds at or before 11:00 am. on the
applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date
fixed for prepayment or redemption is not a business day for banks in the Commonwealth of
Virginia or for the Commonwealth of Virginia, then the payment of principal, premiwn, if any, or
interest on this Bond shall be made in immediately available funds at or before 11 :00 a.m. on the
business day next succeeding the scheduled Payment Date or date fixed for prepayment or
redemption. Upon receipt by the registered owner of this Bond of said payments of principal,
premiwn, if any, and interest, written acknowledgment of the receipt thereof shall be given
promptly to the Bond Registrar, and the County shall be fully discharged of its obligation on this
Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to
the Bond Registrar for cancellation.
The full faith and credit of the County are irrevocably pledged for the payment of the
principal of and the premiwn, if any, and interest on this Bond. The resolution adopted by the
Board of Supervisors authorizing the issuance of the Bonds provides, and Section 15.2-2624, Code
of Virginia 1950, as amended, requires, that there shall be levied and collected an annual tax upon
all taxable property in the County subject to local taxation sufficient to provide for the payment of
the principal, premiwn, if any, and interest on this Bond as the same shall become due which tax
shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized
to be levied in the County to the extent other funds of the County are not lawfully available and
appropriated for such purpose.
This Bond is duly authorized and issued in compliance with and pursuant to the Constitution
**
Letter designation, if any.
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and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26,
Title 15.2, Code: of Virginia 1950, as amended, and resolutions duly adopted by the Board of
County Supervisors of the County and the School Board of the County to provide funds for capital
projects for school purposes.
This Bond may be exchanged without cost, on twenty (20) days written notice from the
Virginia Public School Authority, at the office of the Bond Registrar on one or more occasions for
one or more temporary bonds or definitive bonds in marketable form and, in any case, in fully
registered form, in denominations of $5,000 and whole multiples thereof, and having an equal
aggregate principal amount, having principal installments or maturities and bearing interest at rates
corresponding to the maturities of and the interest rates on the installments of principal of this Bond
then unpaid. This Bond is registered in the name of the Virginia Public School Authority on the
books of the Cm;mty kept by the Bond Registrar, and the transfer of this Bond may be effected by
the registered owner of this Bond only upon due execution of an assignment by such registered
owner. Upon re(~eipt of such assignment and the surrender of this Bond, the Bond Registrar shall
exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be
registered on such registration books in the name of the assignee or assignees named in such
assignment.
The principal installments of this Bond coming due on or before July 15, 2018 and the
definitive Bonds for which this Bond may be exchanged that mature on or before July 15,2018, are
not subject to prepayment or redemption prior to their stated maturities. The principal installments
of this Bond coming due after July 15,2018, and the definitive Bonds for which this Bond may be
exchanged that mature after July 15,2018, are subject to prepayment or redemption at the option of
the County prior to their stated maturities in whole or in part, on any date on or after July 15,2018,
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upon payment of the prepayment or redemption prices (expressed as percentages of principal
installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus
accrued interest to the date set for prepayment or redemption:
Dates
Prices
July 15,2018 through July 14,2019
July 15,2019 through July 14,2020
July 15,2020 and thereafter
101%
100~
100
Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to
their stated maturities as described above without the prior written consent of the registered owner
of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to
the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days
before the date fixed for prepayment or redemption.
All acts, conditions and things required by the Constitution and laws of the Commonwealth
of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have hap-
pened, exist and have been performed in due time, form and manner as so required, and this Bond,
together with all other indebtedness of the County, is within every debt and other limit prescribed by
the Constitution and laws of the Commonwealth of Virginia.
IN WITNESS WHEREOF, the Board of Supervisors of the County of
has
caused this Bond to be issued in the name of the County of
, Virginia, to be signed by
its Chairman or Vice-Chairman, its seal to be affixed hereto and attested by the signature of its
Clerk or any of its Deputy Clerks, and this Bond to be dated rNovember 201, 2008.
COUNTY OF
VIRGINIA
(SEAL)
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ATTEST:
Clerk, Board of
Supervisors of the County of
., Virginia
Chairman, Board of
Supervisors of the County of
, Virginia
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I I 1
ASSIGNMENT
FOR VALUE RECENED, the undersigned sells, assigns and transfers unto
(pLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF
ASSIGNEE)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE:
the within Bond and irrevocably constitutes and appoints
attorney to exchange said Bond for
definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive
bonds on the books kept for registration thereof, with full power of substitution in the premises.
Date:
Signature Guaranteed:
Registered Owner
(NOTICE: The signature above
must correspond with the name
of the Registered Owner as it
appears on the front of this
Bond in every particular,
without alteration or change.)
(NOTICE: Signature(s) must be
guaranteed by an "eligible guarantor
institution" meeting the requirements
of the Bond Registrar which
requirements will include Membership or
participation in STAMP or such other "signature
guarantee program" as may be determined by
the Bond Registrar in addition to, or in substitution for,
STAMP, all in accordance with the Securities Exchange
Act of 1934, as amended.
B-ll
APPENDIX C
to the Bond Sale Agreement
USE OF PROCEEDS CERTIFICATE [FOR NEW MONEY]
The $ General Obligation School Bonds, Series 2008 (the
"Bonds") issued by [Name of Local Unit] (the "Issuer") will be purchased by the Virginia Public
School Authority ("VPSA") from the proceeds of the VPSA's $ School Financing
Bonds (1997 Resolution), Series 2008 B (the "VPSA's Bonds"), pursuant to a Bond Sale
Agreement dated as of the sale date of the VPSA's Bonds. The proceeds of the Bonds will be
used to finance the costs of acquiring, constructing and equipping public school facilities owned
and/or operated by the school board for the Issuer (the "School Board"). The Issuer and the
School Board each recognize that certain facts, estimates and representations set forth in the
Certificate as to Arbitrage executed by VPSA in connection with the issuance of the VPSA's
Bonds must be based on the representations and certifications of the Issuer and the School Board,
upon which VPSA and Sidley Austin LLP, its bond counsel ("Bond Counsel") rely, and that the
exclusion from gross income for federal income tax purposes of the interest on the VPSA's
Bonds depends on the use of proceeds of the VPSA's and the Issuer's Bonds. Accordingly, the
Issuer and the School Board hereby covenant that:
Section 1. Description of Project and Refunded Obligations. The proceeds of the
Bonds, including investment income thereon ("proceeds"), will be used to finance the
acquisition, construction, and equipping of public school facilities of the Issuer (the "Project").
Section 2. Governmental Use of Proceeds. The Issuer and the School Board
covenant the following with respect to the use of proceeds of the Bonds and the facilities
financed therewith:
(a) In General.
(i) Private Business Use. No more than ten percent (10%) of the
proceeds of the Bonds or the Project (based on the greatest of: (A) the cost
allocated on the basis of space occupied, (B) the fair market value, or (C) the
actual cost of construction) has been or, so long as the Bonds are outstanding, will
be, used in the aggregate for any activities that constitute a "Private Use" (as such
term is defined below in subsection (d) of this Section 2).
(ii) Private Security or Payment. No more than ten percent (10%) of
the principal of or interest on the Bonds, under the terms thereof or any
underlying arrangement, has been, or, so long as the Bonds are outstanding, will
be, directly or indirectly, (A) secured by any interest in (1) property used for a
Private Use or (II) payments in respect of such property or (B) derived from
payments in respect of property used or to be used for a Private Use, whether or
not such property is a part of the Project.
(b) No Disproportionate or Unrelated Use. With respect to private business use
disproportionate to or not related to governmental use financed or refinanced with the
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1 I 1
proceeds of the Bonds, no more than five percent (5%) of the principal of or interest on
such Bonds, under the terms thereof or any underlying arrangement, has been, or, so long
as the Bonds are outstanding, will be, directly or indirectly, (x) secured by any interest in
(1) property used for a Private Use or (II) payments in respect of such property or (y)
derived from payments in respect of property used or to be used for a Private Use,
whether or not such property is a part of the Project.
(c) No Private Loan Financing. No proceeds of the Bonds will be used to make
or finance loans to any person other than to a state or local governmental unit.
(d) Definition of Private Use. For purposes of this Certificate, the term "Private
Use" means any activity that constitutes a trade or business that is carried on by persons
or entities other than state or local governmental entities. Any activity carried on by a
person other than a natural person is treated as a trade o"? business. The leasing of
property fmanced or refinanced with the proceeds of the Bonds or the access of a person
other than a state or local governmental unit to property or services on a basis other than
as a member of the general public shall constitute Private Use unless the Issuer obtains an
opinion of Bond Counsel to the contrary. Use of property financed or refmanced with
proceeds of the Bonds by any person, other than a state or local governmental unit, in its
trade or business constitutes general public use only if the property is intended to be
available and is in fact reasonably available for use on the same basis by natural persons
not engaged in a trade or business ("General Public Use").
In most cases Private Use will occur only if a nongovernmental person has a special legal
entitlement to use the financed or refmanced property under an arrangement with the Issuer or
the School Board. Such a special legal entitlement would include ownership or actual or
beneficial use of the Project pursuant to a lease, management or incentive payment contract,
output contract, research agreement or similar arrangement. In the case of property that is not
available for General Public Use, Private Use may be established solely on the basis of a special
economic benefit to one or more nongovernmental persons. In determining whether special
economic benefit gives rise to Private Use, it is necessary to consider all of the facts and
circumstances, including one or more of the following factors:
(i) whether the financed or refmanced property is functionally related
or physically proximate to property used in the trade or business of a
nongovernmental person;
(ii) whether only a small number of nongovernmental persons receive
the economic benefit; and
(iii) whether the cost of the financed or refmanced property is treated as
depreciable by the nongovernmental person.
As of the date hereof, no portion of the Project is leased (or will be so leased) by the
Issuer or the School Board (or a related party or agent) to a person or entity other than a state or
local governmental unit or to members of the general public for General Public Use.
C-2
(e) Management and Service Contracts. With respect to management and service
contracts, the determination of whether a particular use constitutes Private Use under this
Certificate shall be determined on the basis of applying Revenue Procedure 97-13, 1997-
1 C. B. 632, as modified by Revenue Procedure 2001-39, 2001-2 C.B. 38 (collectively,
"Revenue Procedure 97-13"). As of the date hereof, no portion of the proceeds derived
from the sale of the Bonds is being used to finance or refmance property subject to
contracts or other arrangements with persons or entities engaged in a trade or business
(other than governmental units) that involve the management of property or the provision
of services with respect to property financed or refinanced with proceeds of the Bonds
that does not comply with the standards of Revenue Procedure 97-13.
For purposes of determining the nature of a Private Use, any arrangement that is properly
characterized as a lease for federal income tax purposes is treated as a lease. Consequently, an
arrangement that is referred to as a management or service contract may nevertheless be treated
as a lease. In determining whether a management contract is properly characterized as a lease, it
is necessary to consider all of the facts and circumstances, including the following factors:
(i) the degree of control over the property that is exercised by a
nongovernmental person; and
(ii) whether a nongovernmental person bears risk of loss of the
financed or refmanced property.
Section 3.. Time Test and Due Diligence Test. The Issuer or the School Board have
incurred or will incur within 6 months of the date hereof substantial binding obligations, which
are not subject to contingencies within the control of the Issuer or the School Board or a related
party, to third parties to expend at least 5% of the net sale proceeds of the Bonds on the Project.
The Issuer and the School Board will proceed with due diligence to spend all of the proceeds of
the Bonds within three years of the date hereof.
Section 4" Dispositions and Change in Use.
(a) No Sale or DisDosition. The Issuer and the School Board expect to own and
operate and do not expect to sell or otherwise dispose of the Project, or any component
thereof, prior to the final maturity date of the VPSA's Bonds (August 1, [20---.l).
(b) No Change in Use. The Issuer and the School Board represent, warrant and
covenant that the Project will be used for the governmental purpose of the Issuer and the
School Board during the period of time the Bonds are outstanding, unless an opinion of
Bond Counsel is received with respect to any proposed change in use of the Project.
Section 50 No Sinking or Pledged Funds. The Issuer and the School Board have not
established and will not establish any funds or accounts that are reasonably expected to be used
to pay debt service on the Bonds or that are pledged (including negative pledges) as collateral for
the Bonds for which there is a reasonable assurance that amounts on deposit therein will be
available to pay debt service on the Bonds if the Issuer or the School Board encounters financial
difficulty .
C-3
, II
Section 6. No Replacement Proceeds.
(a) In General. No portion of the proceeds of the Bonds will be used as a
substitute for other funds that prior to the Issuer's resolving to proceed with the issuance
of the Bonds was used or is to be used to pay any cost of the Project.
(b) Safe Harbor. In accordance with Section 1.148-1(c) of the Treasury
Regulations regarding the safe harbor against the creation of "replacement proceeds", as
of the date hereof, the weighted average maturity of the Bonds does not exceed 120% of
the reasonably expected economic life of the Project financed thereby.
Section 7. No Refunding. The proceeds of the Bonds will not be used to provide for the
payment of any principal of or interest on any obligations of the Issuer, other than the Bonds,
incurred in the exercise of its borrowing power.
Section 8. Composite Issue. There are no other obligations of the Issuer that have been,
or will be (a) sold within 15 days of the VPSA's Bonds or the Bonds, (b) sold pursuant to the
same plan of financing together with the Bonds, and (c) paid out of substantially the same source
of funds as the Bonds.
Section 9. No Federal Guarantee. The Issuer and the School Board shall not take or
permit any action that would cause (a) the payment of principal of or interest on the Bonds to be
guaranteed, directly or indirectly, in whole or in part by the United States or any agency or
instrumentality thereof or (b) 5 percent or more of the proceeds of the Bonds to be (i) used in
making loans the payment of principal of or interest on which is guaranteed in whole or in part
by the United States or any agency or instrumentality thereof or (ii) invested directly or
indirectly in federally insured deposits or accounts (except as permitted under Section 149(b) of
the Internal Revenue Code of 1986, as amended (the "Code"), or the regulations promulgated
thereunder). The Issuer and the School Board have not, and will not enter into, any (i) long-term
service contract with any federal governmental agency, (ii) service contract with any federal
governmental agency under terms that are materially different from the terms of any contracts
with any persons other than federal government agencies, and (Hi) lease of property to any
federal government agency that would cause the Bonds to be considered "federally guaranteed"
within the meaning of Section 149(b) of the Code.
Section 10. No Hedge Bonds. The Issuer and the School each reasonably expects that
all of the net sale proceeds of the Bonds will be used to pay the cost of the Project within three
years of the date hereof. Furthermore, not more than 50 percent of the proceeds of the Bonds
will be invested in Nonpurpose Investments (as such term is defmed in Section 148(f)(6)(A) of
the Code) having a substantially guaranteed yield for four years or more.
Section 11. No Overissuance. The total proceeds derived by the Issuer from the sale
of the Bonds and anticipated investment earnings thereon do not exceed the total of the amounts
necessary to finance the Project.
Section 12. Reimbursable Expenses. A portion of the proceeds of the Bonds to be
applied to the cost of the Project will be used to reimburse the Issuer for expenditures incurred
thereby with respect to the Project in anticipation of the issuance of the Bonds. The Issuer and
C-4
the School Board represent the following with respect to the costs of the Project to be reimbursed
from the proceeds of the Bonds.
(a) Official Intent. The total amount of reimbursed costs incurred by the Issuer
with respect to the Project is not expected to exceed $ . Such expenditures
were paid prior to the date hereof but no earlier than sixty (60) days prior to
_, __, which is the date the Issuer or the School Board adopted its "official intent"
declaration (the "Official Intent Declaration") in accordance with Section 1.150-2 of the
Treasury Regulations. The Official Intent Declaration:
(i) was, on the date of its adoption, intended to constitute a written
documentation on behalf of the Issuer that states that the Issuer reasonably
expected to reimburse itself for such expenditures with the proceeds of a taxable
or tax -exempt borrowing,
(ii) set forth a general description of the Project, and
(iii) stated the maximum principal amount of debt expected to be issued
for the Project.
NI~ither the Issuer nor the School Board has taken any action subsequent to the
expression of such intent that would contradict or otherwise be inconsistent with such
intent.
(b) Reasonable Official Intent. As of the date of the Official Intent Declaration,
the Issuer reasonably expected to reimburse such expenditures with the proceeds of a
borrowing. The Issuer does not have a pattern of failing to reimburse expenditures for
which an intention to reimburse such expenditures was declared and which were actually
paid by the Issuer other than in circumstances that were unexpected and beyond the
control of the Issuer.
(c) Reimbursement Period Reauirement. The proceeds derived from the sale of
the Bonds to be applied to reimburse the above-described expenditures will be so applied
no later than the later of the date that is (i) eighteen (18) months after the date on which
the expenditure being reimbursed was paid, or (ii) eighteen (18) months after the date on
which the portion of the Project to which such expenditure relates was placed in service
(within tbe meaning of Section 1.150-2 of the Treasury Regulations) or abandoned. The
Issuer shall not, however, use Bond proceeds to reimburse the above-described
expenditures later than three (3) years after the date the original expenditure was paid.
(d) Reimbursable Expenditures. The expenditures to be reimbursed are either (i)
capital expenditures (within the meaning of Section 1.150-1 (b) of the Treasury
Regulations), (ii) costs of issuance, (Hi) certain working capital expenditures for
extraordinary, nonrecurring items that are not customarily payable from current revenues
(within the meaning of Section 1.148-6 (d) (3) (ii) (B) of the Treasury Regulations), (iv)
grants (within the meaning of Section 1.148-6 (d) (4) of the Treasury Regulations), or (v)
qualified student loans, qualified mortgage loans or qualified veterans' mortgage loans
(within tbe meaning of Section 1.150-1(b) of the Treasury Regulations). None of the
C-5
I I I
expenditures to be reimbursed were incurred for day-to-day operating costs or similar
working capital items.
(e) Anti-Abuse Rules. No portion of the proceeds of the Bonds being used to
reimburse the Issuer for prior expenditures will be used, directly or indirectly, within one
year of the date of a reimbursement allocation, in a manner that results in the creation of
replacement proceeds (within the meaning of Section 1.148-1 of the Treasury
Regulations), other than amounts deposited in a bona fide debt service fund.
Section 13. Private Activity Covenants. The Issuer and the School Board each
represents, warrants and covenants that it will take no action that would cause either the Bonds
or the VPSA's Bonds to be private activity bonds within the meaning of Section 141(a) of the
Code and that it will not fail to take any action that would prevent the VPSA's Bonds and the
Bonds from being private activity bonds, within the meaning of Section 141(a) of the Code.
Furthermore, the Issuer and the School Board have established reasonable procedures to ensure
compliance with this covenant.
Section 14. No Artifice or Device. None of the proceeds of the Bonds will be used in
a manner that employs an abusive arbitrage device under Section 1.148-10 of the Treasury
Regulations to avoid the arbitrage restrictions or to avoid the restrictions under Sections 142
through 147 of the Code and the Issuer has not engaged and will not engage in a transaction or
series of transactions enabling it to exploit the difference between tax-exempt and taxable
interest rates to gain a material fmancial advantage and which increases the burden on the market
for tax-exempt obligations, including selling obligations that would not otherwise be necessary
or issuing obligations sooner or allowing them to remain outstanding longer than would
otherwise be necessary.
Section 15. Covenant as to Arbitrage. The Issuer and the School Board each
represents, warrants and covenants that whether or not any of the Bonds remain outstanding, the
money on deposit in any fund or account maintained in connection with the Bonds, whether or
not such money was derived from the proceeds of the sale of the Bonds or from any other
sources, will not be used in a manner that would cause the Bonds or the VPSA's Bonds to be
"arbitrage bonds" within the meaning of Section 148 of the Code and the applicable regulations
thereunder.
Section 16. Tax Covenant. The Issuer and the School Board each represents, warrants
and covenants that it will not take any action which will, or fail to take any action which failure
will, cause the interest on the Bonds or the VPSA's Bonds to become includable in the gross
income of the owners of the Bonds or the VPSA' s Bonds for federal income tax purposes
pursuant to the provisions of the Code and the regulations promulgated thereunder in effect on
the date of original issuance of the Bonds and the VPSA's Bonds.
C-6
Date:
[NAME OF LOCAL ISSUER]
By:
Name:
Title:
[NAME OF SCHOOL BOARD]
By:
Name:
Title:
C-7
I I I,
APPENDIX D
to the Bond Sale Agreement
CONSTRUCTION EXCEPTION AND
EIGHTEEN-MONTH EXCEPTION
TO THE REBATE REQUIREMENT
QUESTIONNAIRE
The purpose of this questionnaire is to elicit facts concerning the expenditure of the proceeds of
the City/County of (the "Issuer") general obligation school bonds (the "Bonds") in order to make an
initial determination that the construction exception from the rebate requirement provided by Section
148(f)(4)(C) of the Internal Revenue Code of 1986, as amended, or the eighteen month exception from
the rebate requirement provided by Section 1.148-7(d) of the Treasury Regulations is available.
Please supply the information requested below and send this questionnaire to Richard A. Davis,
Public Finance Manager, Virginia Public School Authority, P. O. Box 1879, Richmond, Virginia
23218-1879, for receipt no later October 10, 2008, with a copy to your bond counsel.
1. Briefly describe the project (the "Project") to be financed with the proceeds of the Bonds
including the useful life of the project(s) being fmanced.
2. (a) Indicate the total amount of proceeds to be derived from the sale of the Bonds.
(b) Indicate the amount that you reasonably expect to receive from the investment of the Bond
proceeds prior to spending all of the Bond proceeds set forth above in Question 2 (a).
(c) Indicate the amount of proceeds derived from the sale of the Bonds that you expect to use
to fmance the issuance costs of the Bonds. (e.g. your legal fees)
(d) The amount set forth in Questions 2(a) plus the amount set forth in Question 2(b) reduced
by the amount set forth in Question 2( c) equals $ . This amount is
hereinafter referred to as "Available Construction Proceeds". Any bond premium derived
from sale of the bonds and any investment earnings thereon will be treated as Available
Construction Proceeds.
D-1
3. Indicate the amount of money, other than the Available Construction Proceeds of the Bonds,
that will be applied toward the cost of the Project and the expected source of such money.
Indicate what such money will be used for.
4. Indicate, by principal components, your current estimates of the cost for the acquisition and
construction of the Project that will be financed with the Available Construction Proceeds of
the Bonds, including:
(a) Acquisition of Interest in
Land
(b) Acquisition of Interest in
Real Property1
(c) Acquisition and/or Installation
of Tangible Personal Properti
(d) Site Preparation
(e) Construction of Real PropertY
(t) Reconstruction of Real Property4
(g) Rehabilitation of Real Propertys
(h) Construction of Tangible
Plersonal Property6
(i) Specially developed computer
software 7
G) Interest on the Bonds during
Construction
(k) Other (please specify)
$
(1) Total
$
(Note: The sum of the amounts described in (a) through (k) must equal the amount of
Available Construction Proceeds of the Bonds set forth in Question 2( d).)
1-7 See the Endnotes on pages 0-7 and 0-8.
5.
(a)
Have you borrowed, directly or indirectly, (such as through an industrial development
authority) any money, either through a tax-exempt bank loan, a bond anticipation note,
any tax-exempt or taxable obligation or otherwise (a "loan"), to pay for the Project
costs?
Yes
No
(b) Do you intend to use the proceeds of the Bonds to refmance or repay any loan used to
fm.ance the Project costs?
Yes
No
D-2
I I I
(c) If the answer to Question 5(b) is "Yes", please attach a copy of the BAN, COP,
or other evidence of the loan and any tax certificate executed with such loan and
indicate the following:
(i) Amount of loan:
(ii) Date of loan:
(iii) Maturity date of loan:
(iv) Interest rate of loan:
(v) Name oflender:
(vi) Refinance or repayment date:
(vii) Amount of unspent proceeds, if any:
(viii) Where unspent proceeds are being held (e.g. SNAP):
(d) If the answer to question 5(a) or (b) is "Yes", did you use the proceeds of the loan to
reimburse yourself for expenses paid with respect to the Project before the loan was
obtained?
Yes
No
(e) If the answer to question 5(b) is "Yes", do you expect to qualify for the small issuer
exception for the loan.
6.
(a)
Do you intend to reimburse yourself from the proceeds of the Bonds for Project costs
advanced from your General Fund or other available sources?
Yes No
(b) If the answer to Question 5(d) or Question 6 (a) is "Yes", with respect to all such
expenditures, please indicate the amount of such expenditure, when such expenditure
was paid and the purpose of the expenditure (i.e., architectural fees, engineering fees,
other construction costs):
(i) Amount expended $
(ii) Date of expenditure:
(iii) Purpose of expenditure:
(Note: if you intend to reimburse yourself for more than one expenditure, please attach
a rider setting forth: (i) amount expended, (ii) date of expenditure, and (iii) purpose of
expenditure)
7. If the answer to Question 5(d) or 6(a) is "Yes" please attach a copy of any other evidence of
your intention to reimburse yourself with the proceeds of a borrowing such as the earliest
possible resolution, declaration or minutes of a meeting. Include the date such resolution was
adopted, meeting was held or declaration made.
D-3
[The purpose of questions 8, 9 and 10 is to determine if the Bonds may qualify for the
Construc:tion Exception from the Rebate Requirement.]
8. Indicate whether the total of the amounts shown in 4(d) through (i) on page D-2 is at least 75%
of the amount of Available Construction Proceeds (i.e., 75% of the amount in 4(i).
Yes No
If the answer to Question 8 is "Yes", answer Question 9 and skip Question 10.
If the answer to Question 8 is "No", skip Question 9 and answer Question 10.
9.
(a)
Assuming the Bonds are delivered on November 20, 2008 and funds are made available
to you on that date, please complete the following schedule indicating the amount of
Available Construction Proceeds that the City/County expects to expend and disburse
during the following time periods:
From November 20, 2008 to May 20, 2009 $
From May 21, 2009 to November 20,2009
From November 21,2009 to May 20,2010
From May 21,2010 to November 20,2010
Tota19 $
8
8 and 9 See tbe Endnotes on page 0-8.
D-4
I I I
(b) If you do not expect to spend 100% of Available Construction Proceeds by
November 20, 2010, do you expect to spend 100% of Available Construction
Proceeds by November 20, 2011 ?
Yes
No
10. For purposes of this Question 10, assume that the Bonds are delivered on November 20,
2008 and funds are made available to you on that date.
(a) Does the City/County expect to expend and disburse the amount shown in
Question 4(a) for the acquisition of land by May 20, 2009?
Yes
No
(b) Does the City/County expect to expend and disburse the amount shown in
Question 4(b) for the acquisition of interests in real property by May 20, 2009?
Yes
No
(c) Does the City/County expect to expend and disburse the amount shown in
Question 4( c) for the acquisition and/or installation of tangible personal Property
by May 20, 2009?
Yes
No
(d) (i) Does the City/County expect to expend and disburse the amount shown in
question 4(1) by November 20,2011?
Yes
No
(ii) Assuming that the Bonds are delivered on May 15,2008, and funds are made
available to you on that date, please complete the following schedule indicating
the amount of Available Construction Proceeds that the City/County expects to
expend and disburse during the following time periods:
From November 20, 2008 to May 20, 2009 $
From May 21, 2009 to November 20, 2009
From November 21,2009 to May 20,2010
From May 21,2010 to November 20,2010
10
Total $
10 See the Endnotes on page 0-8.
D-5
[The purpose of question 11 is to determine if the Bonds may qualify for the Eighteen
Month E,xception from the Rebate Requirement.]
11. The sum of the amounts set forth in Questions 2(a) and 2(b) equals $ (the "gross
proceeds"). Assuming that the Bonds are delivered on November 20,2008 and funds are made
available to you on that date, please complete the following schedule indicating the amount of gross
proceeds that the City/County expects to expend and disburse during the following time periods:
From November 20, 2008 to May 20, 2009 $
From May 21, 2009 to November 20,2009
From November 21,2009 to May 20, 2010
Total $
12.
(a)
W'ill this issue qualify for the Small Issuer Exception?
Yes
No
(b) List any general obligation bond financings the City/County has undertaken or is
planning to undertake in the calendar year 2008.
I understand that the foregoing information will be relied upon by the Virginia Public School
Authority (the "Authority") in determining the applicability of the construction exception to the
Authority's School Financing Bonds (1997 Resolution), Series 2008 B I hereby certify that I am
familiar with the Project or have made due inquiry in order to complete this Questionnaire with respect
to the Project ancl am authorized by the City/County to provide the foregoing information with respect
to it, which infonnation is true, correct, and complete, to the best of my knowledge.
Include amounts expended prIOr to November 20, 2008 and approved by your bond counsel for
reimbursement from your bond proceeds. This does not mclude any amount used to refinance or
repay any loan.
D-6
I I I-
Name of Person Completing
Questionnaire
Title
Signature
Date
D-7
ENDNOTES
1.
For purposes of this questionnaire, ''real property" means improvements to land, such as buildings
or other inherently permanent structures, including items that are structural components of such
buildings or structures. For example, real property includes wiring in a building, plumbing
systems, central heating or central air conditioning systems, pipes or ducts, elevators or escalators
installed in a building, paved parking areas, road, wharves and docks, bridges and sewage lines.
For purposes of this questionnaire, tangible personal property means any tangible property except
real property. For example, tangible personal property includes machinery that is not a structural
component of a building, school buses, automobiles, office equipment, testing equipment and
furnishings.
2.
See description of real property in endnote 1. This includes all capital expenditures that are
properly chargeable to or may be capitalized as part of the basis of the real property prior to the
date the property is placed in service. For purposes of this questionnaire, expenditures are
considere:d paid in connection with the construction, reconstruction or rehabilitation of real
property if the contract between the Issuer and the seller requires the seller to build or install the
property (such as under a "turnkey contract") but only to the extent the property has not been built
or installt~d at the time the parties enter into the contract. If the property has been partially built or
installed at the time the parties enter into the contract, the expenditures that are allocable to the
portion of the property built or installed before that time are expenditures for the acquisition of real
property.
3.
See endnote 3.
4.
See endnote 3.
s.
For purposes of this questionnaire, expenditures are in connection with the construction of tangible
personal ]property, as defined in endnote 2, if:
6.
(a.) A substantial portion of the property or properties is completed more than 6 months
after the earlier of the date construction or rehabilitation commenced and the date the Issuer
entered into an acquisition contract;
(b) Based on the reasonable expectations of the Issuer, if any, or representations of the
person constructing the property, with the exercise of due diligence, completion of construction or
rehabilitation (and delivery to the Issuer) could not have occurred within that 6-month period; and
(c) If the Issuer itself builds or rehabilitates the property, not more than 75% of the
capitalizable cost is attributable to property acquired by the Issuer (e.g., components, raw materials
and other supplies).
7.
Specially developed computer software means any programs or routines used. to cause a computer
to perform a desired task or set of tasks, and the documentation required. to describe and maintain
those programs, provided that the software is specially developed and is functionally related and
subordinate to real property or other constructed personal property.
D-8
I I I
8.
Include amounts expended prior to November 20, 2008 and approved by your bond counsel for
reimbursement from your bond proceeds. This does not include any amount used to refinance or
repay any loan.
9.
Total should equal the amount in 4(1).
10.
Include amounts expended prior to November 20, 2008 and approved by your bond counsel for
reimbursement from your bond proceeds. This does not include any amount used to refinance or
repay any loan.
D-9
APPENDIX E to the
Bond Sale Agreement
RESOLUTION REQUESTING THE BOARD OF
SUPERVISORS TO ISSUE GENERAL
OBLIGATION SCHOOL BONDS FOR SCHOOL
PURPOSES AND CONSENTING TO THE
ISSUANCE THEREOF
BE IT RESOLVED:
1.
Ibe School Board of the County of
(the "School Board") hereby (i)
requests, pursuant to Section 15.2-2640 of the Code of Virginia, 1950, as amended (the "Code"), that
the Board of Supervisors of the County of
issue its general obligation school bonds (the .
"Bonds") in an aggregate principal amount sufficient to provide $
proceeds for the purpose
of fmancing certain capital projects for school purposes and (ii) consents, pursuant to Section 15.2-
2638.B(iii) of the Code and Article VII, Section 10(b) of the Constitution of Virginia, to the issuance
of the Bonds.
2. Further, the School Board consents to and authorizes an application to the Virginia
Public School Authority (the "VPSA") for the purchase of the Bonds by the VPSA as part of its 2008
Fall Pooled Bond Sale.
3. This resolution shall take effect immediately.
*
*
*
Members present at the meeting were: . Members absent from the meeting
were: . Members voting in favor of the foregoing resolution were:
. Members voting against the foregoing resolution were:
. Members abstaining from voting on the foregoing resolution were:
E-l
I I I,
APPENDIX F
to the Bond Sale Agreement
CONTINUING DISCLOSURE AGREEMENT
[This Continuing Disclosure Agreement will impose obligations on the
Local Issuer if and only if the Local Issuer is or has become and
remains a "Material Obligated Person", as defined below]
This Continuing Disclosure Agreement (the "Disclosure Agreement") is executed and
delivered by the undersigned local issuer (the "Local Issuer") in connection with the issuance by
the Virginia Public School Authority (the "Authority") of $ aggregate principal
amount of its School Financing Bonds (1997 Resolution) Series 2008 B (the "Series 2008 B
Bonds") pursuant to the provisions of a bond resolution (the "1997 Resolution") adopted on
October 23, 1997, as amended and restated. The Series 2008 B Bonds and all other parity bonds
heretofore and hereafter issued under the 1997 Resolution are collectively called the "Bonds". A
portion of the proceeds of the Series 2008 B Bonds are being used by the Authority to purchase
certain general obligation school bonds ("Local School Bonds") of the Local Issuer pursuant to a
bond sale agreement between the Authority and the Local Issuer (the "Bond Sale Agreement").
Pursuant to paragraph 3 of the Bond Sale Agreement, the Local Issuer hereby covenants and
agrees as follows:
SECTION 1. Purpose of the Disclosure Agreement. This Disclosure Agreement is being
executed and delivered by the Local Issuer for the benefit of the holders of the Series 2008 B
Bonds and in order to assist the Participating Underwriters (defmed below) in complying with
the Rule (defmed below). The Local Issuer acknowledges that it is undertaking primary
responsibility for any reports, notices or disclosures that may be required under this Agreement.
SECTION 2. Definitions. In addition to the definitions set forth in the 1997 Resolution,
which apply to any capitalized term used in this Disclosure Agreement unless otherwise defmed
in this Section, the following capitalized terms shall have the following meanings:
"Annual Report" shall mean any Annual Report provided by the Local Issuer pursuant to,
and as described in, Sections 3 and 4 of this Disclosure Agreement.
"bond sale agreement" shall mean the Bond Sale Agreement and any other comparable
written commitment of the Local Issuer to sell local school bonds to the Authority.
"Dissemination Agent" shall mean the Local Issuer, acting in its capacity as
Dissemination Agent hereunder, or any successor Dissemination Agent designated in writing by
such Local Issuer and which has filed with such Local Issuer a written acceptance of such
designation.
"Filing Date" shall have the meaning given to such term in Section 3(a) hereof.
"Fiscal Year" shall mean the twelve-month period at the end of which financial position
and results of operations are determined. Currently, the Local Issuer's Fiscal Year begins July 1
F-1
and continues through June 30 of the next calendar year.
"holder" shall mean, for purposes of this Disclosure Agreement, any person who is a
record owner or beneficial owner of a Series 2008 B Bond.
"Listed Events" shall mean any of the events listed in subsection 5(b)(5)(i)(C) of the
Rule.
"local school bonds" shall mean any of the Local School Bonds and any other bonds of
the Local Issuer pledged as security for Bonds issued under the Authority's 1997 Resolution.
"Material Obligated Person" (or "MOP") shall mean the Local Issuer if it has local school
bonds outstanding in an aggregate principal amount that exceeds 10% of the aggregate principal
amount of all outstanding Bonds of the Authority.
"National Repository" shall mean any Nationally Recognized Municipal Securities
Information Repository for purposes of the Rule.
"Participating Underwriter" shall mean any of the original underwriters of the
Authority's Series 2008 B Bonds required to comply with the Rule in connection with the
offering of such Bonds.
"Repository" shall mean each National Repository and each State Repository.
"Rule" shall mean Rule 15c2-12 adopted by the Securities and Exchange Commission
under the Securities Exchange Act of 1934, as the same may be amended from time to time.
"State Repository" shall mean any public or private depository or entity designated by the
State as a state depository for the purpose of the Rule. As of the date of this Agreement, there is
no State Repository.
SECTION 3. Provision of Annual Reoorts.
(a) The Local Issuer shall, or shall cause the Dissemination Agent to, provide
to each Repository an Annual Report which is consistent with the requirements of Section 4 of
this Disclosure Agreement. Such Annual Report shall be filed on a date (the "Filing Date") that
is not later than 12 months after the end of any Fiscal Year (commencing with its Fiscal Year
ended June 30, 2008) as of the end of which such Local Issuer was a MOP, unless as of the
Filing Date the Local Issuer is no longer a MOP.I Not later than ten (10) days prior to the Filing
Date, the Local Issuer shall provide the Annual Report to the Dissemination Agent (if applicable)
and shall provide copies to the Authority. In each case, the Annual Report (i) may be submitted
as a single document or as separate documents comprising a package, (ii) may cross-reference
other information as provided in Section 4 of this Disclosure Agreement and (Hi) shall include
1 The Authority will covenant in the Bond Sale Agreement to advise the Local Issuer within 60
days of the end of each Fiscal Year if such Local Issuer was a Material Obligated Person as of the
end of such Fiscal Year. Upon written request, the Authority will also advise the Local Issuer as to
its status as a MOP as of any other date.
F-2
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the Local Issuer's audited financial statements prepared in accordance with applicable State law
or, if audited fmancial statements are not available, such unaudited financial statements as may
be required by the Rule. In any event, audited financial statements of such Local Issuer must be
submitted, if and when available, together with or separately from the Annual Report.
(b) If the Local Issuer is unable to provide an Annual Report to the
Repositories by the date required in subsection (a), the Local Issuer shall send a notice to the
Municipal Securities Rulemaking Board and any State Repository in substantially the form
attached hereto as Exhibit A.
SECTION 4. Content of Annual Reoorts. Except as otherwise agreed, any Annual
Report required to be filed hereunder shall contain or incorporate by reference, at a minimum,
annual financial information relating to the Local Issuer, including operating data,
(i) updating such information relating to the Local Issuer as shall have been included
or cross-referenced in the final Official Statement of the Authority describing the
Authority's Series 2008 B Bonds or
(ii) if there is no such information described in clause (i), updating such information
relating to the Local Issuer as shall have been included or cross-referenced in any
comparable disclosure document of the Local Issuer relating to its tax-supported
obligations or
(iii) if there is no such information described in clause (i) or (ii) above, initially setting
forth and then updating the information referred to in Exhibit B as it relates to the
Local Issuer, all with a view toward assisting Participating Underwriters in
complying with the Rule.
Any or all of such information may be incorporated by reference from other documents,
including official statements of securities issues with respect to which the Local Issuer is an
"obligated person" (within the meaning of the Rule), which have been filed with each of the
Repositories or the Securities and Exchange Commission. If the document incorporated by
reference is a final official statement, it must be available from the Municipal Securities
Rulemaking Board. The Local Issuer shall clearly identify each such other document so
incorporated by reference.
SECTION 5. Reoorting of Listed Events. Whenever the Local Issuer is a Material
Obligated Person required to file Annual Reports pursuant to Section 3(a) hereof and obtains
knowledge of the occurrence of a Listed Event, and if such Local Issuer has determined that
knowledge of the occurrence of a Listed Event with respect to its local school bonds would be
material, such Local Issuer shall promptly file a notice of such occurrence with each National
Repository or the Municipal Securities Rulemaking Board and each State Repository, if any,
with a copy to the Authority.
SECTION 6. Alternative Filing. The Local Issuer may, in lieu of filing with the
Repositories and each State Repository the Annual Reports and other notices referred to in
Sections 3(a), 3(b) and 5 hereof, make such filings with DisclosureUSA, the central post office
of the Municipal Advisory Council of Texas. Should the Securities and Exchange Commission
F-3
approve any additional Internet based electronic filing system for satisfying the continuing
disclosure filing requirements of the Rule, filing with any such system shall satisfy the filing
requirements under this Disclosure Agreement.
SECTION 7. Termination of Reoorting Obligation. The Local Issuer's obligations under
this Disclosure Agreement shall terminate upon the earlier to occur of the legal defeasance or
final retirement of all the Local School Bonds.
SECTION 8. Dissemination Agent. The Local Issuer may, from time to time, appoint or
engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure
Agreement and may discharge any such Agent, with or without appointing a successor
Dissemination Agent. The Local Issuer shall advise the Authority of any such appointment or
discharge. If at :any time there is not any other designated Dissemination Agent, the Local Issuer
shall be the Diss,emination Agent. [The initial Dissemination Agent shall be .]
SECTION 9. Amendment. Notwithstanding any other provision of this Disclosure
Agreement, the Local Issuer may amend this Disclosure Agreement, if such amendment has been
approved in writing by the Authority and is supported by an opinion of independent counsel,
acceptable to the Authority, with expertise in federal securities laws, to the effect that such
amendment is permitted or required by the Rule.
SECTION 10. Additional Information. Nothing in this Disclosure Agreement shall be
deemed to preve:nt the Local Issuer from disseminating any other information, using the means
of dissemination set forth in this Disclosure Agreement or any other means of communication, or
including any other information in any Annual Report or notice of occurrence of a Listed Event,
in addition to that which is required by this Disclosure Agreement. If the Local Issuer chooses to
include any information in any Annual Report or notice of occurrence of a Listed Event, in
addition to that which is specifically required by this Disclosure Agreement, such Local Issuer
shall have no obligation under this Agreement to update such information or include it in any
future Annual R(~port or notice of occurrence of a Listed Event.
SECTION 11. Default. Any person referred to in Section 12 (other than the Local Issuer)
may take such action as may be necessary and appropriate, including seeking mandate or specific
performance by ~~ourt order, to cause the Local Issuer to file its Annual Report or to give notice
of a Listed Event. The Authority may, and the holders of not less than a majority in aggregate
principal amount of Bonds outstanding may, take such actions as may be necessary and
appropriate, including seeking mandate or specific performance by court order, to challenge the
adequacy of any information provided pursuant to this Disclosure Agreement, or to enforce any
other obligation of the Local Issuer hereunder. A default under this Disclosure Agreement shall
not be deemed an event of default under the applicable resolution or bonds of the Local Issuer,
and the sole remedy under this Disclosure Agreement in the event of any failure of the Local
Issuer to comply herewith shall be an action to compel performance. Nothing in this provision
shall be deemed to restrict the rights or remedies of any holder pursuant to the Securities
Exchange Act of 1934, the rules and regulations promulgated thereunder, or other applicable
laws.
SECTION 12. Beneficiaries. This Disclosure Agreement shall inure solely to the benefit
of the Authority, the Local Issuer, the Participating Underwriters, and holders from time to time
F-4
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of the Authority's Bonds, and shall create no rights in any other person or entity.
SECTION 13. Counteroarts. This Disclosure Agreement may be executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the
same instrwnent.
Date:
[LOCAL ISSUER]
By
F-5
EXHIBIT A
NOTICE OF FAILURE TO FILE ANNUAL REPORT
[AUDITED FINANCIAL STATEMENTS]
Re: VIRGINIA PUBLIC SCHOOL AUTHORITY
SCHOOL FINANCING BONDS (1997 Resolution)
SERIES 2008 B
CUSIP Numbers:
Dated: November 1, 2008
Name of Local Issuer
NOTICE IS HEREBY GIVEN that the [Local Issuer] has not provided an Annual Report as
required by Section 3(a) of the Continuing Disclosure Agreement, which was entered into in
connection with the above-named bonds issued pursuant to that certain Series Resolution
adopted on [September 11, 2008], by the Board of Commissioners of the Virginia Public School
Authority, the proceeds of which were used to purchase $ [School Bonds] of the
[Local Issuer]. [The Local Issuer anticipates that the Annual Report will be filed by
..] The Local Issuer is a material "obligated person" within the meaning of Rule
15c2-12 under the Securities Exchange Act of 1934, as amended, with respect to the above-
named bonds of the Authority.
Dated:
[LOCAL ISSUER]
By
F-6
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EXHIBIT B
CONTENT OF ANNUAL REPORT
Description of the Local Issuer. A description of the Local Issuer including a summary of its
form of government, budgetary processes and its management and officers.
Debt. A description of the terms of the Local Issuer's outstanding tax-supported and other debt
including a historical summary of outstanding tax-supported debt; a summary of authorized but
unissued tax-supported debt; a summary of legal debt margin; a summary of overlapping debt;
and a summary of annual debt service on outstanding tax-supported debt as of the end of the
preceding fiscal year. The Annual Report should also include (to the extent not shown in the
latest audited financial statements) a description of contingent obligations as well as pension
plans administered by the Local Issuer and any unfunded pension liabilities.
Financial Data. Financial information respecting the Local Issuer including a description of
revenues and expenditures for its major funds and a summary of its tax policy, structure and
collections as of the end of the preceding fiscal year.
Capital Improvement Plan. A summary of the Local Issuer's capital improvement plan.
Demographic, Economic and Supplemental Information. A summary of the Local Issuer's
demographic and economic characteristics such as population, income, employment, and public
school enrollment and infrastructure data as of the end of the preceding fiscal year. The Annual
Report should also include a description of material litigation pending against the Local Issuer.
F-7
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Authorizing the Acquisition of an Agricultural land
Preservation Easement and the Issuance by the City of its Contract
Obligations in the Maximum Amount of $121,744 (Property of Barry D.
Knight)
MEETING DATE: October 7,2008
. Background: In May, 1995, the Agricultural lands Preservation Ordinance (the
"Ordinance") was adopted by the City Council for the purpose of promoting and
encouraging the preservation of fannland in the rural southern portion of the City.
Under the Agricultural Reserve Program established by the Ordinance, the City
purchases the development rights of eligible parcels of land, leaving the fee simple
ownership of the land unchanged. These purchases are embodied by perpetual
agricultural land preservation easements pursuant to which only agricultural uses, as
defined in the Ordinance, are allowed on the land.
The subject property has been appraised by an independent appraiser retained
by the City The appraiser has detennined the fair market value of the property, based
upon eleven (11) comparable sales. From the fair market value, the value of the
development rights has been detennined by subtracting $900 per acre, which has
previously been established as the fann value (i.e., value of the land restricted to
agricultural uses) for land throughout the southern rural area of the City. The resulting
amount is the value of the development rights of the property.
All offers by the City to purchase the development rights to property are
expressly made contingent upon the absence of any title defects or other conditions
which, in the opinion of the City Attorney, may adversely affect the City's interests, and
other standard contingencies.
. Considerations: The subject property consists of one (1) parcel of land having
approximately 21.74 acres outside of marshland or swampland. It is owned by Barry D.
Knight. Under current development regulations, there is a total development potential of
two (2) single-family dwelling building sites, none of which will be reserved for Mure
development as a 3-acre building site. Property owners are no longer required to
designate the location of the area reserved for future building sites, but are required to
subdivide such sites prior to building on them. The site, which is shown on the attached
location Map, is located at 3416 Head of River Road, in the District of Princess Anne.
The proposed purchase price, as stated in the ordinance, is $121,744. This price is the
equivalent of approximately $5,600 per acre of easement acquired.
2
The terms of the proposed acquisition are that the City would pay Interest only
for a penod of 2~5 years, with the pnnclpal amount being due and payable 25 years from
the date of closing. The Interest rate to be paid by the City will be the greater of
3.4200% per annum or the per annum rate which IS equal to the Yield on U.S. Treasury
STRIPS purchased by the City to fund its pnnclpal obligation under the Installment
Purchase Agreement, not to exceed 5.4200% without the further approval of the City
Council.
The proposed terms and conditions of the purchase of the Development Rights
pursuant to thE~ Installment Purchase Agreement, Including the purchase pnce and
manner of payment, are fair and reasonable and In furtherance of the purposes of the
Ordinance.
. Public Information: The ordinance has been advertised by publication In a
newspaper havllng general circulation In the City once per week for two successive
weeks.
. Alternatives: The City Council may decline to purchase the development nghts
to the property
. Recommendations: Adoption of the ordinance and acquisition of the
development n~Jhts, assuming all contingencies are met.
. Attachments: Ordinance; Summary of Matenal Terms of Installment Purchase
Agreement (full Agreement IS on file In the City Attorney's Office); area map shOWing
location of property
Recommended Action: Adoption
Submitting Department/Agency: Agnculture Department
CltyManager:~~ k..~~
I I
1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
2 AGRICULTURAL LAND PRESERVATION EASEMENT AND
3 THE ISSUANCE BY THE CITY OF ITS CONTRACT
4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF
5 $121,744 (PROPERTY OF BARRY D KNIGHT)
6
7 'WHEREAS, pursuant to the Agncultural Lands Preservation Ordinance (the
8 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been
9 presented to the City Council a request for approval of an Installment Purchase Agreement
10 (the form and standard provIsions of which have been previously approved by the City
11 Council, a summary of the matenal terms of which IS hereto attached, and a true copy of
12 which IS on file In the City Attorney's Office) for the acquisition of the Development Rights
13 (as defined In the Installment Purchase Agreement) on certain property located In the City
14 and more fully described In Exhibit B of the Installment Purchase Agreement for a
15 purchase pnce of $121,744, and
16
17 WHEREAS, the aforesaid Development Rights shall be acquired through the
18 acquisition of a perpetual agnculturalland preservation easement, as defined In, and In
19 compliance with, the requirements of the Ordinance; and
20
21 WHEREAS, the City Council has reviewed the proposed terms and conditions ofthe
22 purchase as eVidenced by the Installment Purchase Agreement;
23
24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA.
26
27 1 The City Council hereby determines and finds that the proposed terms and
28 conditions of the purchase of the Development Rights pursuant to the Installment Purchase
29 Agreement, Including the purchase pnce and manner of payment, are fair and reasonable
30 and In furtherance of the purposes of the Ordinance, and the City Manager or hiS deSignee
31 IS hereby authonzed to approve, upon or before the execution and delivery of the
32 Installment Purchase Agreement, the rate of Interest to accrue on the unpaid pnnclpal
33 balance of the purchase pnce set forth hereinabove as the greater of 3.4200% per annum
34 or the per annum rate which IS equal to the Yield on United States Treasury STRIPS
35 purchased by the City to fund such unpaid pnnclpal balance; prOVided, however, that such
36 rate of Interest shall not exceed 5.4200% unless the approval of the City Council by
37 resolution duly adopted IS first obtained.
38
39 2. The City Council hereby further determines that funding IS available for the
40 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on
41 the terms and conditions set forth therein.
42
43 3. The City Council hereby expressly approves the Installment Purchase
44 Agreement and, subject to the determination of the City Attorney that there are no defects
45 In title to the property or other restnctions or encumbrances thereon which may, In the
46 opinion of the City Attorney, adversely affect the City's Interests, authonzes the City
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Manager or his designee to execute and deliver the Installment Purchase Agreement In
substantially the same form and substance as approved hereby with such minor
modifications, Insertions, completions or omiSSions which do not matenally alter the
purchase pnce or manner of payment, as the City Manager or hiS deSignee shall approve.
The City Council further directs the City Clerk to affix the seal of the City to, and attest
same on, the Installment Purchase Agreement. The City Council expressly authonzes the
Incurrence of the Indebtedness represented by the Issuance and delivery of the Installment
Purchase Agreement.
4 The City Council hereby elects to Issue the Indebtedness under the Charter
of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes
the Indebtedness a contractual obligation beanng the full faith and credit of the City
Adoption requires an affirmative vote of a majority of all members of the City
Council.
day of
Adopted by the Council of the City of Virginia Beach, Virginia, on thiS
,2008.
CA10756
V:lapplications\citylawprod\cycom32\Wpdocs\OO23\POO3\00067911.DOC
R-1
DATE. September 23, 2008
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
W~0~t~
City Attorney's Office
CERTIFIED AS TO AVAILABILITY OF FUNDS:
Qt~'JlI ~~
Director of Finance
2
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AGRICULTURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2008-85
SUMMARY OF MATERIAL TERMS
SELLER: KNIGHT, Barry D.
PROPERTY LOCATION: 3416 Head of River Road, Princess Anne District
PURCHASE PRICE: $121,744
EASEMENT AREA: 21.74 acres, more or less
DEVELOPMENT POTENTIAL: 2 single-family dwelling sites (2 acquired)
DURATION: Perpetual
INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase
price, but not less than 3.4200% (actual rate to be determined when STRIPS are purchased prior
to execution of IPA). Rate may not exceed 5.4200% without approval of City Council.
TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from
IP A date
RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following execution and delivery of IP A.
I I I
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
Resolution Referring to the Planning Commission an Ordinance
Amending Section 211 of the City Zoning Ordinance by Allowing
Certain Temporary Signs in All Zoning Districts
MEETING DATE: October 7,2008
. Background: The City Zomng Ordinance currently makes no specific provIsion
for signs giVing notice of CIVIC league or property owners' association (POA) meetings.
Councilmember DeSteph has requested that an ordinance allowing such signs, with
limitations, be brought forward for consideration by the Planmng CommisSion and City
Council.
. Considerations: The Resolution refers to the Plannrng CommisSion proposed
amendments to the Section 211 of the City Zomng Ordinance. The amendments would
allow signs temporary signs giVing notice of meetings or events of CIVIC leagues or
POAs to be located on property owned by the CIVIC league or POA. One (1) sign may
be placed at each entrance to the neighborhood or subdivIsion represented by the CIVIC
league or POA and may remain for the penod from 14 days pnor to the meeting or
event to 3 days after Such signs may not exceed 32 square feet In area and may be
illuminated In accordance with the restnctions applicable to other slgnage.
. Public Information: Advertisement as a normal agenda item. If the resolution
IS adopted, the amendments would be the subject of advertised public heanngs before
both the Plannrng CommisSion and the City Council
. Attachments: Resolution; proposed ordinance
Submitting Department/Agency: Requested by Councilmember Bill R. DeSteph
City Manager:
1 REQUESTED 13Y COUNCILMEMBER BILL DESTEPH
2 A RESOLUTION REFERRING TO THE PLANNING
3 COMMISSION AN ORDINANCE TO AMEND
4 SECTION 211 OF THE CITY ZONING ORDINANCE
5 BY ALLOWING CERTAIN TEMPORARY SIGNS IN
6 ALL ZONING DISTRICTS
7 WHEREAS, the public convenience, general welfare and good zOning practice so
8 require;
9
10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
11 OF VIRGINIA BEACH, VIRGINIA.
12
13 That there IS hereby referred to the Planning Commission, for its consideration
14 and recommendation, a proposed amendment to Section 211 of the City ZOning
15 Ordinance, allOWing certain temporary signs In all zoning distncts.
16
17 A copy of such proposed amendment IS attached hereto.
18
19 Adopted by the Council of the City of Virginia Beach, Virginia, on the
20 dalyof ,2008.
~7i~L~GA;DCY
City Attorney's Office .
CA 10868
R-3
September 18,2008
1 REQUESTED BY COUNCILMEMBER BILL DESTEPH
2
3 AN ORDINANCE TO AMEND SECTION 211 OF THE
4 CITY ZONING ORDINANCE BY ALLOWING CERTAIN
5 TEMPORARY SIGNS IN ALL ZONING DISTRICTS
6
7 Section Amended: City ZOning Ordinance 9 211
8
9
10 WHEREAS the public necessity, convenience, general welfare and good zOning
11 practice so requires:
12
13 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
14 VIRGINIA.
15
16 That the City ZOning Ordinance IS hereby amended and reordalned by the
17 amendment of Section 211, to read as follows:
18
19
20 Sec. 211. Signs permitted in all districts.
21
22 The follOWing types of signs are exempted from all of the provIsions of thiS
23 ordinance, except for illumination, construction, and safety regulations and the follOWing
24 standards:
25
26 (a) Public signs. Signs of a noncommercial nature and In the Interest of,
27 erected by or on the order of, a public officer In the performance of hiS public duty, such
28 as directional signs, regulatory signs, warning signs, and Informational signs.
29
30 (b ) Temporary signs.
31
32 (1) Temporary signs announcing any public, charitable, educational,
33 religiOUS or other noncommercial event or function, located entirely
34 upon the property on which such event or function IS held and set
35 back no less than seven (7) feet from the property line, and haVing
36 a maximum sign area of thirty-two (32) square feet. Such signs
37 shall be allowed no more than thirty (30) days pnor to the event or
38 function and must be removed within seven (7) days after the event
39 or function. Such signs may be illuminated In accordance with the
40 restnctions set forth In section 213 hereof. If building-mounted,
41 such signs shall be flat wall signs and shall not project above the
42 roofline. If freestanding, the height of any such sign shall be no
43 more than twelve (12) feet above ground level.
44
45 (2) Temporary signs of a commercial nature announcing grand
46 openings or other special events or promotions, subject to the
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limitations as to Size, height and location set forth In subdivIsion (1)
hereof. Such signs shall be displayed no more than three (3) times
per year by any busmess or establishment, nor for any penod In
excess of seven (7) days.
(3) Temporary signs displayed upon balloons, subject to the
reqUirements of subdivisions (1) and (2) hereof, provided, however,
that balloons displaymg such signs may, if affixed to the roof of a
building or structure, project no more than thirty (30) feet above the
roofline or, if affixed to the ground, have a height not exceeding
thirty (30) feet from ground level. Such signs shall not exceed
seventy-five (75) square feet m surface area.
14) Temporary SI~:mS alvina notice of CIVIC leaaues' or property owners
associations' meetinas or events. proVided that such slans shall be
located on property owned by the CIVIC leaaue or property owners
association holdina the meetina or event and shall be no areater
than thirty-two (32) sQuare feet In area. No more than one (1) such
sian shall be permitted at each entrance to the nelahborhood or
subdiVISion represented by the CIVIC leaaue or property owners'
association. Such slans shall be In place for no more than fourteen
(14) days before the meetina or event of which the Sian alves
notice or three (3) days after the meetina or event has been held.
Such slans may be ilium mated In accordance with the restnctions
setforth In Section 213.
COMMENT
Tbe amendments allow temporary signs giving notice of meetings or events of civic leagues
or property owners' associations (POAs). Sucb signs may be located only on property owned by tbe
civic league or POA. One (1) sign may be placed at eacb entrance to tbe neigbborbood or
subdivision repre.!ented by tbe civic league or POA and may remain for tbe period from 14 days
prior to tbe meeting or event to 3 days after. Signs may not exceed 32 square feet in area and may
be illuminated in accordance witb tbe restrictions applicable to other sign age
Adopted by the Council of the City of VirglOla Beach, Virgmla, on the
,2008.
day
of
APPROVED AS TO LEGALSUFFICIENCY'
CA10527 I R-4 I August 12, 2008
2
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Resolution to Acknowledge Virginia GED Week and Virginia GED Day
MEETING DATE: October 7, 2008
. Background: City Council has identified a workforce prepared for jobs in the
21st Century as a means of creating a diverse local economy which is an essential
component of its vision of Virgtnia Beach being a Community for a Lifetime. A well-
educated, highly skilled workforce IS essential to the economic growth of Virginia Beach.
. Considerations: More than 22,000 adults living in Virginia Beach lack a High
School Diploma or GED certificate, a recognized high school equivalency credential.
Without evidence that they possess the necessary knowledge and skills for post-
secondary education and the workforce, these citizens face a drastically reduced
chance to earn a living and support their families.
. Public Information: Public information will be provided through the normal
Council agenda process.
. Recommendations: In support of stronger alignment of quality education,
workforce development and economic development, City Council adopts the resolution
acknowledging Virginia GED Week (October 13 - 19, 2008) and GED Day (October 15,
2008) In partnership with the Commonwealth of Virginia and the Hampton Roads
Region.
. Attachments: Resolution
Recommended Action: Adopt
Submitting DeparbnentlAgency: City Manager's Office .4M))~
City Manager:~h IL, ~~
1 A RESOLUTION TO ACKNOWLEDGE VIRGINIA GED
2 'NEEK AND VIRGINIA GED DAY
3
4 WHEREAS, a well educated, highly skilled workforce IS essential to the economic
5 growth of the! City of Virginia Beach, the Hampton Roads Region and the
6 Commonwealth of Virginia; and
7
8 WHEREAS, the GED Certificate is a nationally recognized high school
9 eqUivalency credential and IS accepted by most colleges, umversities, and employers as
10 evidence that the holder of the credential possesses knowledge and skills necessary for
11 post-secondary education and the workforce; and
12
13 WHEREAS, more than 22,000 Virginia Beach adults lack a high school diploma
14 or GED Certific:ate, drastically reducing their chance to earn a liVing wage and support
15 their families; and
16
17 WHEREAS, a stronger alignment between economic and workforce development
18 and education IS essential to producing a skilled workforce that fosters a dynamiC,
19 globally competitive business environment; and
20
21 WHEREAS, the Virginia Workforce Network, a collaboration of partners working
22 to unify numerous training, education, and employment programs, has Identified the
23 awareness of the access to GED programs as a key strategy to prepare Virginians for
24 high-skill career tracks; and
25
26 WHEREAS, the Hampton Roads Workforce Development Board, One-Stop
27 Comprehensive Workforce Centers, the Virginia Department of Education, and the
28 Virginia Workforce Network's other program partners throughout the Commonwealth
29 have joined efforts to increase GED certification;
30
31 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
32 VIRGINIA BEACH, VIRGINIA;
33
34 That the City Council of Virgima Beach does hereby recognize October 13-19,
35 2008, as GED Week, and October 15, 2008 as GED Day In Virginia Beach, and calls
36 thiS observan~:t to the attention of citizens of the Hampton Roads Region.
of
Adopted by the Council of the City of Virgima Beach, Virgima on the
,2008
day
AuaJ)a~
City Manager's Office
APPROVED AS TO CONTENT:
CA10882 I R-2 , October 1,2008
: I I
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
(1) A Resolution Appointing Rachel Allen to the Position of Associate City
Attorney
(2) A Resolution Appointing Natalie P Mann to the Position of Assistant
City Attorney
MEETING DATE: October 7,2008
. Background: Section 2-166 of the City Code provides that "[t]he city council
may, from time to time, upon recommendation of the city attorney, appoint such deputy
and assistant city attorneys as it may deem necessary to serve at the pleasure of the
city attorney II
. Considerations: The Resolutions appoint Rachel Allen as an Associate City
Attorney and Natalie P Mann as an Assistant City Attorney, effective October 16, 2008.
. Recommendations: It IS recommended that City Council adopt the attached
resolutions.
. Attachments: Two Resolutions
Recommended Action: Adopt Resolutions
Submitting Department/Agency: City Attorn
City Manager:
1 A RESOLUTION APPOINTING NATALIE P MANN TO THE
2 POSITION OF ASSISTANT CITY ATTORNEY
3 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA.
5
6 That pursuant to 92-166 of the City Code, Natalie P Mann IS hereby appointed to
7 the position of Assistant City Attorney, effective October 16, 2008.
8
9 Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of
10 ,2008.
APPROVED AS TO CONTENT AND
LEGAL SUFFICIENCY
~~
City Attorney's ~
CA 10876
R-1
September 25, 2008
I I I:
1 A RESOLUTION APPOINTING RACHEL ALLEN TO THE
2 POSITION OF ASSOCIATE CITY ATTORNEY
3 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA.
5
6 That pursuant to S 2-166 of the City Code, Rachel Allen IS hereby appointed to the
7 position of Associate City Attorney, effective October 16, 2008.
8
9 Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of
10 ,2008.
APPROVED AS TO CONTENT AND
LEGAL SUFFICIENCY
~~ffi~
CA 10877
R-1
September 25,2008
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PALMISANO
2436 ENTRADA DRIVE
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CITY OF VIRGINIA BEACH
AGENDA ITEM
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ITEM: An Ordinance to authonze Temporary Encroachments Into a portion of City
property located at the rear of 2436 Entrada Dnve by David V and Andrea C
Palmisano
MEETING DATE: October 7,2008
. Background:
Mr and Mrs. Palmisano have requested permisSion to construct and maintain a
boatlift and a timber pier In a portion of a drainage and public use canal upon City
property, located at the rear of 2436 Entrada Dnve, Virginia Beach, VA.
. Considerations:
City Staff has reViewed the requested encroachments and has recommended
approval of same, subject to certain conditions outlined In the Agreement.
There are Similar encroachments In Lago Mar, which IS a subdivIsion In the City
of Virginia Beach where Mr and Mrs. Palmisano have requested to encroach.
In accordance with the recommendations of City Council to help address water
quality protection In conjunction with Temporary Encroachments onto City
property, the requested encroachments have been reViewed by the Department
of Planning/EnVironmental Management Center Staff IS of the profeSSional
opinion that the established 15 foot Wide vegetated npanan buffer area conSisting
of under story trees and shrubs In a mulched bed running the entirety of the
shoreline adjOIning the applicants' property IS feasible and warranted to help
reduce long term water quality Impacts associated with the eXisting and proposed
encroachments and shall remain In place. ThiS eXisting buffer has been
approved by the Department of Planning/EnVironmental Management Center
. Public Information:
Advertisement of City Council Agenda
. Alternatives:
Approve the encroachments as presented, deny the encroachments, or add
conditions as desired by Council.
. Recommendations:
Approve the request subject to the terms and conditions of the Agreement.
. Attachments:
Ordinance, Agreement, Exhibit, Pictures and Location Map
Recommended Action:
Approval of the ordinance.
Submitting Department/Agency: Public WorkslReal Estat
City Manager: ~ <:>.... V-,~ to'!.
?'. 44d<
I I I:
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Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACHMENTS
INTO A PORTION OF CITY
PROPERTY LOCATED AT THE REAR
OF 2436 ENTRADA DRIVE BY DAVID
V AND ANDREA C. PALMISANO
WHEREAS, David V and Andrea C. Palmisano desire to construct and maintain
a boatlift and a timber pier upon a portion of drainage and public use canal on City
property, located at the rear of 2436 Entrada Drive, In the City of Virginia Beach,
Virginia.
WHEREAS, City Council IS authOrized pursuant to 99 15.2-2009 and 15.2-2107,
Code of Virginia, 1950, as amended, to authOrize temporary encroachments upon the
City's property subject to such terms and conditions as Council may prescribe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA.
That pursuant to the authority and to the extent thereof contained In 99 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended, David V and Andrea C.
Palmisano, their heirs, assigns and successors In title are authOrized to construct and
maintain temporary encroachments for a boatlift and a timber pier upon a portion of a
drainage and public use canal on City property as shown on the map marked Exhibit "A"
and entitled: "PROPOSED ENCROACHMENT FOR 2436 ENTRADA DRIVE," a copy
of which IS on file In the Department of Public Works and to which reference IS made for
a more particular description; and
BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
subject to those terms, conditions and criteria contained In the Agreement between the
City of Virginia Beach and David V and Andrea C. Palmisano (the "Agreement"), which
IS attached hereto and Incorporated by reference; and
BE IT FURTHER ORDAINED, that the City Manager or his authOrized designee
IS hereby authOrized to execute the Agreement; and
BE IT FURTHER ORDAINED, that this Ordinance shall not be In effect until such
time as David V and Andrea C. Palmisano and the City Manager or his authOrized
deslgne~ execute the Agreement.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day
of
CA-10742
X:IOIDlREAL ESTATElEncroachmenlslPW OrdinanceslCA10742 Palmisano Ordiance,doc
V:lapplications\cilytawprodlcl'com32IWpdocslDO 11 lPO04100062218.DOC
R-1
PREPARED' 91/11/08
APPROVED AS TO CONTENTS
~ C.gflLiJSe...
P L1C WOR.<S, REAL ESTATE
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
tVWti~
Nell L. Ford,
Special Counsel for the City Attorney
, I I.
PREPARED BY VIRGINIA BEACH
CITY ATIORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 23rd day of AUQust, 2008, by and between
the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and DAVID V. PALMISANO and ANDREA
C. PALMISANO, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN
TITLE, "Grantee", even though more than one.
WIT N E SSE T H:
That, WHEREAS, the Grantee IS the owner of that certain lot, tract, or
parcel of land designated and described as "Lot 307" as shown on that certain plat
entitled: "SUBDIVISION OF Lago Mar - SECTION TWO - PRINCESS ANNE
BOROUGH --- VIRGINIA BEACH, VIRGINIA" and said plat IS recorded In the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia In Map Book 77, at Page
14, and being further deSignated, known, and described as 2436 Entrada Dnve, Virginia
Beach, Virginia 23456;
WHEREAS, it IS proposed by the Grantee to construct and maintain a
boatlift and a timber pier, collectively, the "Temporary Encroachment", In the City of
Virginia Beach;
WHEREAS, In constructing and maintaining the Temporary
Encroachment, it IS necessary that the Grantee encroach Into a portion of a drainage
and public use canal on City property, located at the rear of 2436 Entrada Dnve, the
"Encroachment Area"; and
GPIN: (CITY PROPERTY 2424-02-4573)
2424-02-1972-0000
VVHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and In consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), In hand paid to the City, receipt of which IS hereby acknowledged, the
City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It IS expressly understood and agreed that the Temporary Encroachment
will be construGted and maintained In accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and In accordance with the City's specifications
and approval and IS more particularly described as follows, to wit:
A Temporary Encroachment Into the Encroachment Area as
shown on that certain plat entitled: "PROPOSED
ENCROACHMENT FOR 2436 ENTRADA DRIVE," a copy of
which IS attached hereto as Exhibit "A" and to which
r€lference IS made for a more particular descnption.
Providing however, nothing herein shall prohibit the City from Immediately
removing, or ordenng the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area In the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It IS further expressly understood and agreed that the Temporary
Encroachment herein authonzed terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice IS given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
2
I I I
It IS further expressly understood and agreed that the Grantee shall
Indemnify, hold harmless, and defend the City, 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 anslng out of the construction,
location or eXistence of the Temporary Encroachment.
It IS further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the 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 Grantee.
It IS further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It IS further expressly understood and agreed that the Grantee must obtain
a permit from the Department of Planmng pnor to commencing any construction with the
Encroachment Area (the "Permit").
It IS further expressly understood and agreed that the Grantee shall
maintain the eXisting npanan buffer, which IS a minimum of 15 feet In width landward
from the shoreline, runs the entire length of the shoreline, and consist of a mulched
planting bed and contain a mixture of shrubs and perenmal plants (the "Buffer"). An
access path, stabilized appropnately to prevent erOSion, through the Buffer to the
shoreline IS allowed.
It IS further expressly understood and agreed that the Grantee must obtain
and keep In force all-nsk property Insurance and general liability or such Insurance as IS
deemed necessary by the City, and all Insurance policies must name the City as
3
additional named Insured or loss payee, as applicable. The Grantee also agrees to
carry comprehEmslve general liability Insurance In an amount not less than $500,000.00,
combined slng~e limits of such Insurance policy or poliCies. The Grantee will provide
endorsements providing at least thirty (30) days written notice to the City prior to the
cancellation or termination of, or matenal change to, any of the Insurance poliCies. The
Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to
the construction, location, and/or eXistence of the Temporary Encroachment.
It IS further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setbacks requirements, as established by
the City
It IS further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost In any
manner provldE~d by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the eqUivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
thiS Agreement, the City may Impose a penalty In the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment IS allowed
to continue thereafter, and may collect such compensation and penalties In any manner
prOVided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, DaVid V and Andrea C. Palmisano, the said
Grantee, have caused thiS Agreement to be executed by their signature. Further, that
4
, I I
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.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authonzed
Designee of the City Manager
STATE OF VIR:GINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing Instrument was acknowledged before me this
day of
, 2008, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. Hie/She IS personally known to me.
(SEAL)
Notary Public
Notary Registration Number'
My CommiSSion Expires:
(SEAL)
ATTEST
City Clerk/Authonzed
Designee of the: City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing Instrument was acknowledged before me this
day of
_, 2008, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She IS personally known to me.
(SEAL)
Notary Public
Notary Registration Number'
My CommiSSion Expires:
6
I , I'
David V Palmisano
Andrea C. Palmisano
STATE OF
CITY/COUNTY OF
, to-wit:
The foregoing Instrument was acknowledged before me this
day of
, 2008, by David V Palmisano and Andrea C. Palmisano.
(SEAL)
Notary Public
Notary Registration Number'
My Commission Expires:
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
SIGNATURE
Nell L. Ford,
Special Counsel for the City Attorney
DEPARTMENT
G:\USERS\SHARED\WP80\RE\Real Estate Forms\WORD DOCS\ENCROACHMENTS\ENCROACHMENT.AGREEMENT.doc
7
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PROPOSED ENCROACHMENT FOR 2436 ENTRADA DRlYE
SPECIAL NOTE: A 15 FT WIDE STRIP OF LAND ALONG THE EXISTING SHORELINE
SHALI:;llE1;EFT NATIiRAL-ANfrREMk!N VEU:!rrATclJ i HE1JXISTlNGTREmru--
SHALL REMAIN INTACT IN THIS AREA.
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AS PER CLAY BERNICK ON 4/24/08
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DATUM: oti\V= 0.00'
Adjacent Property Owners:
1. T. BOJANOWSKI
2. W. PANKIEWICZ
3. G. FINKBEINER
PLAR~ , II
SG At.~: I" =-4" . t:>
~y: 8-15-07
Proposed: TIMBER PIER & SOATUFr
in: CANAL
At: 2436 ENTRADA DRIVE
County of: VIRGINIA BEACH
Applicant: D. PALMISANO
LYNNHAVEN DOC"
CORPORATION
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to authorrze Temporary Encroachments Into a portion of City
property located at the rear of 2249 Widgeon Lane, for Donald R. Argus, Jr and
Linda J. Argus
MEETING DATE: October 7,2008
. Background:
Donald R. Argus, Jr and Linda J. Argus have requested permission to construct
and maintain a bulkhead, 2 returns and a dock In a portion of a 30' man-made
canal (drainage easement) on City property located at the rear of 2249 Widgeon
Lane, Virginia Beach, Virginia.
. Considerations:
City Staff has reviewed the requested encroachments and has recommended
approval of same, subject to certain conditions outlined In the Agreement.
There are Similar encroachments In the 30' man-made canal (drainage
easement).
In accordance with the recommendations of City Council to help address water
quality protection In conjunction with Temporary Encroachments onto City
property, the requested encroachments have been reviewed by the Department
of Planning/Environmental Management Center Staff IS of the profeSSional
opinion that the establishment of a 15-foot-wlde vegetated npanan buffer area
consisting of under story trees and shrubs In a mulched bed running the entirety
of the shoreline adjOIning the applicants' property IS feasible and warranted to
help reduce long-term water quality Impacts associated with the eXisting and
proposed encroachments.
The applicants have submitted a plan for establishing a 15-foot-wlde vegetated
rrparran buffer that has been reviewed and approved by the Department of
Planning/Environmental Management Center
. Public Information:
Advertisement of City Council Agenda
. Alternatives:
Approve the encroachments as presented, deny the encroachments, or add
conditions as desired by Council.
. Recommendations:
Approve the request subject to the terms and conditions of the Agreement.
. Attachments:
Ordinanc:e, Agreement, Location Map, Plat, Pictures
Recommended Action: Approval of the ordinance.
Submitting DepiartmentlAgency: Public Works/Real
City Manager~~ \L.. '~
I I I'
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Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACHMENTS
INTO A PORTION OF CITY
PROPERTY LOCATED AT THE REAR
OF 2249 WIDGEON LANE, FOR
DONALD R. ARGUS, JR. AND LINDA
J. ARGUS
WHEREAS, Donald R. Argus, Jr and Linda J. Argus desire to construct and
maintain a bulkhead, 2 returns and a dock upon a portion of a 30' man-made canal
(drainage easement) on City property located at the rear of 2249 Widgeon Lane In the
City of Virginia Beach, Virginia.
WHEREAS, City Council IS authorized pursuant to 99 15.2-2009 and 15.2-2107,
Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
City's property, subject to such terms and conditions as Council may prescribe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA.
That pursuant to the authority and to the extent thereof contained In 99 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended, Donald R. Argus, Jr and
Linda J. Argus, their heirs, assigns and successors In title are authorized to construct
and maintain temporary encroachments for a bulkhead, 2 returns and a dock on a
portion of the City's property as shown on the map marked Exhibit "A" and entitled:
"PROPOSED ENCROACHMENT INTO A CITY OWNED, UNNAMED, MANMADE
CANAL BULKHEAD, 2 RETURNS & DOCK," a copy of which IS on file In the
Department of Public Works and to which reference IS made for a more particular
description; and
BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
subject to those terms, conditions and critena contained In the Agreement between the
City of Virginia Beach and Donald R. Argus, Jr and Linda J. Argus (the "Agreement"),
which IS attached hereto and Incorporated by reference; and
BE IT FURTHER ORDAINED, that the City Manager or his authOrized designee
IS hereby authOrized to execute the Agreement; and
B.E IT FURTHER ORDAINED, that this Ordinance shall not be In effect until such
time as Donald R. Argus, Jr and Linda J. Argus and the City Manager or his authOrized
designee execute the Agreement.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day
of
CA-10748
X:IOIDlREAL ESTATE\EncroachmentslPW OrdinanceslCA10748 Argus Ordianc;e.doc
V:lapplicationslcilylawprodlcycom321WpdocsIOOO6IPO03100064220.DOC
R-1
PREPARED. 9/12/08
APPROVED AS TO CONTENTS
~.. C. ~Slh
ubhc Works, Real Estate
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
~Wtjj~l&
Ne . Ford, "-
Special Counsel for the City Attorney
I I I,
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 28th day of Auaust, 2008, by and between
the CITY OF VIRGINIA BEACH, VIRGINIA, a mUnicipal corporation of the
Commonwealth of Virginia, Grantor, "City", and DONALD R. ARGUS. JR. AND LINDA
J. ARGUS, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN
TITLE, "Grantee", even though more than one.
WIT N E SSE T H:
That, WHEREAS, the Grantee IS the owner of that certain lot, tract, or
parcel of land designated and described as "Lot 47" as shown on that certain plat
entitled: "SANDBRIDGE BEACH NORTH AREA SECTION NO 2 PRINCESS ANNE
CO. , VA." and said plat IS recorded In the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia In Map Book 41, at Page 8, and being further deSignated,
known, and described as 2249 WIDGEON LANE, Virginia Beach, Virginia 23456;
WHEREAS, it IS proposed by the Grantee to construct and maintain a
bulkhead, 2 returns and a dock, collectively, the ''Temporary Encroachment", In the City
of Virginia Beach;
WHEREAS, In constructing and maintaining the Temporary
Encroachment, it IS necessary that the Grantee encroach Into a portion of a 30' man-
made canal (drainage easement) on City property, the "Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
GPIN: 2424-95-2364-0000 (City property - canal)
2424-95-2572-0000
NOW, THEREFORE, for and In consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), In hand paid to the City, receipt of which IS hereby acknowledged, the
City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It IS expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained In accordan ce with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and In accordance with the City's specifications
and approval and IS more particularly described as follows, to wit:
A Temporary Encroachment Into the Encroachment Area as
shown on that certain plat entitled: "PROPOSED
ENCROACHMENT INTO A CITY OWNED, UNNAMED,
MANMADE CANAL BULKHEAD, 2 RETURNS & DOCK," a
copy of which IS attached hereto as Exhibit "A" and to which
reference IS made for a more particular descnption.
ProViding however, nothing herein shall prohibit the City from Immediately
removing, or ordenng the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It IS further expressly understood and agreed that the Temporary
Encroachment herein authonzed terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice IS given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It IS further expressly understood and agreed that the Grantee shall
Indemnify, hold harmless, and defend the City, its agents and employees, from and
2
I I I.
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 construction,
location or eXistence of the Temporary Encroachment.
It IS further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the 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 Grantee.
It IS further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It IS further expressly understood and agreed that the Grantee must obtain
a permit from the Department of Planning pnor to commencing any construction with the
Encroachment Area (the "Permit").
It IS further expressly understood and agreed that the Grantee shall
establish and maintain a riparian buffer, which shall be a minimum of 15 feet Ir width
landward from the shoreline, shall run the entire length of the shoreline, and shall
consist of a mulched planting bed and contain a mixture of shrubs and perennial plants
(the "Buffer"). The Buffer shall not be established dunng the months of June, July, or
August, so that it has the greatest likelihood of survivability Prior to the City ISSUing a
Permit, the Grantee must post a bond or other security, In an amount equal to the
estimated cost of the reqUired Buffer plantings, to the Department of Planning to Insure
completion of the reqUired Buffer The Grantee shall notify the Department of Planning
when the Buffer IS complete and ready for inspection; upon satisfactory completion of
the Buffer as determined by the City, the bond shall be released. An access path,
3
stabilized appropnately to prevent erOSion, through the Buffer to the shoreline IS
allowed.
It IS further expressly understood and agreed that the Grantee must obtaIn
and keep In force ail-risk property Insurance and general liability or such Insurance as IS
deemed necessary by the City, and all Insurance policies must name the City as
additional namBd Insured or loss payee, as applIcable. The Grantee also agrees to
carry comprehensive general liability msurance in an amount not less than $500,000.00,
combined smgh~ limits of such msurance policy or poliCies. The Grantee will provide
endorsements provIding at least thIrty (30) days written notice to the City prior to the
cancellation or termmation of, or matenal change to, any of the Insurance policies. The
Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to
the construction, location, and/or eXistence of the Temporary Encroachment.
It IS further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setbacks requirements, as established by
the City
It IS further expressly understood and agreed that the Grantee must
submit for review and approval', a survey of the Encroachment Area, certified by a
registered profeSSional engmeer or a licensed land surveyor, and/or "as built" plans of
the Temporary Encroachment sealed by a registered profeSSional engineer, if reqUIred
by either the City Engmeer's Office or the Engmeenng DIVISion of the Public Utilities
Department.
It IS further expressly understood and agreed that the City, upon
revocation of sllch authority and permisSion so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost In any
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manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the Ian d so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
thiS Agreement, the City may Impose a penalty In the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment IS allowed
to continue thereafter, and may collect such co mpensation and penalties In any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Donald R. Argus, Jr and Linda J. Argus, the
said Grantee, have caused thiS Agreement to be executed by their signature. 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.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing Instrument was acknowledged before me thIs day of
, 2008, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She IS personally known to me.
(SEAL)
Notary Public
Notary Registration Number'
My CommiSSion Expires:
(SEAL)
ATTEST
City Clerk! AuthOrized
DeSignee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregOing Instrument was acknowledged before me thiS
day of
" 2008, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf She IS personally known to me.
(SEAL)
Notary Public
Notary Registration Number"
My CommisSion Expires:
6
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D nald R. Argus, Jr.
~)Si G~~)
Linda J. Argu
STATE OF VIRGINIA
CITY/COUNTY OF $ ~~ , to-Wit:
The foregoing instrument was acknowledged before me this 2~*' day of
~, 2008, by Donald R. Argus, Jr.
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Notary Public
STATE OF VIRGINIA
CITY/COUNT'lOF Va.. ~
, to-wit:
The foregoing Instrument was acknowledged before me thIS ~'"' day of
~, 2008, by Linda J. Argus.
~ idorn eJr. G-mG.b.(SEAL)
Notary Public
Notary Registration Number' ~
My Commission Expires:
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APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
1Wti1J
Nell L. Ford, ~
Special Counsel for the City Atto.)(y
~(%' (1.~.$IA.t
SI ATURE
Pill RtJt) cs~
DEPARTMENT
G:\USERS\SHARED\\iVP80\RE\Real Estate Forms\WORD DOCS\EIIICROACHMENTS\ENCROACHMENT .AGREEMENT .doc
8
EXHIBIT "A"
Back Bay National Wildlife Refuge
Lot 48
2424-95-2494-0000
E. Martin Jr.
M.B 41, Page 8
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8 ttJ. 15'
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City of VirglOla Beach - Unnamed Manmade Canal (30' Dramage Easement)
Doc. # 20070625000848730
Ebb
Flood
MHW 24' Proposed Bulkhead. 80' LF
_ ~ MLW -0.4'_ _._ __. _ _ __
-
ENCROACHMENT:
Proposed Bulkhead - 6.0'from property line Manmade Cana'
Proposed Dock - 12.0' from property line
Proposed Dock
6'x 12'
P(F)~ _
Frame
Shed
.. Top of Bank
osed 6' Return
.P(F)"
Veaetated Buffer encroachment
easement reqUIrement (1S'x8Q')
52'
~~
Lot 46
2424-95-2640-0000
D. Thomas
M. B. 41, Page 8
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ti\ "- 2249 Widgeon Lane '\. 6'
"- Gpm: 2424 952572 l'-
') Lot 47 ~
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D & L Argus Jr.
M.B 41, Page 8
, ,
SCALE 1" = 20'
- Bulkhead, 2 returns & Dock -
Location:
Proposed Encroachment mto a
City owned, unnamed, man made
Canal
Blake
Tid ater, P.L.LC.
.lohn W. Blake, II, P.E.
(757) 237-1657 Fn: (757) 769-7989
I J 12-F Ed.n Way North, Ch.u .ak., Vir .".a 23320
2249 Widgeon Lane
Virginia Beach VA 23456
Applicant: Donald Argus Jr
Date: June 13, 2008
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate Funds to the Fire Department for
Hazardous Materials Response EqUipment
MEETING DATE: October 7,2008
. Background: The Fire Department was notified it was eligible for pass through
funding from the Commonwealth of Virginia Department of Emergency Management
(VDEM) 2007 State Homeland Security Grant. The City of Portsmouth has been
awarded the grant funds as the regional lead team and fiscal agent of the grant for the
Southslde Regional Hazmat Team, which IS comprised of the cities of Portsmouth,
Norfolk, Chesapeake and Virginia Beach. The purpose of the grant IS to purchase
equipment to be used to enhance response to chemical I biological I radiological I
nuclear / explosive (CBRNE) incidents In the Southslde Tidewater Region.
. Considerations: ThiS grant IS awarded by the Virginia Department of
Emergency Management through funding Originating from the Department of Homeland
Security's National Preparedness Directorate, FY 2007 State Homeland Security Grant
(CFDA #97.073). There IS no local match required for thiS program. The relevant
period for the obligation of funds IS October 1, 2008 to September 30, 2009 with
October 10, 2009 as the date to complete expenditures and finalize the close out
reporting process.
. Public Information: Public Information will be handled through the normal
Council agenda process.
. Alternatives: Without appropriating the funding, the Fire Department cannot
support the purchase of thiS equipment.
. Recommendations: Accept and appropriate $25,800 for the Virginia Beach Fire
Department to enhance the capabilities of the VDEM Southslde Regional Hazmat Team
. Attachments: Ordinance, Grant Award Letter
Recoml'!"ended Action: Approval
Submitting Department/Agency: Fire Department !1m
City Manager: ~\ t ,~~
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS TO THE FIRE DEPARTMENT FOR
3 HAZARDOUS MATERIALS RESPONSE EQUIPMENT
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA.
7
8 1) Funds are hereby accepted from the U S. Department of Homeland Security
9 via the Virginia Department of Emergency Management as sub-granted from
10 the City of Portsmouth In the amount of $25,800 with estimated revenues
11 IncrE~ased accordingly
12
13 2) Appropnations to the FY 2008-09 Operating Budget of the Fire Department
14 for hazardous matenals response equipment costs associated with the
15 Hazardous Matenals Southslde Tidewater Team are Increased by $25,800.
of
Adopted by the Council of the City of VirgInia Beach, VirginIa on the
,2008.
day
Requires an affirmative vote by a majority of all members of the City Council.
Approved as to Content:
Approved as to Legal
SufficIency'
B~Q~
Management ServIces
~
CA 10867
R-2
September 26, 2008
I I II
MICHAEL M, CLINE
State Coordinator
COMMONWEALTH of VIRGINIA
Department o.tEmergency Management
10501 Traoe Court
Richmond, Virginia 23236-3713
(804) 897-6500
(TOOl 674-2417
FAX (804\ 897-6506
JANET L. CLEMENTS
Chief Deputy Coordinator
BRETT A. BURDICK
Deputy Coordinator
July 18, 2008
Mr. Kenneth L. Chandler
Portsmouth City
POBox 820
Portsmouth, VA 23705
Dear Mr Chandler'
We are pleased to Inform you that Portsmouth City has been awarded funds In
the amount of $170,923.00 from the 2007 State Homeland Security Grant, (CFDA #
97.073) from the National Preparedness Directorate (NPD), United States Department
of Homeland Security (DHS) and administered by the Commonwealth for the HAZMA T
Team EqUipment, ExerCise and Training project.
The Commonwealth will send grant funds to a sub-grantee a maximum of 120
days pnor to purchase of allowable expenditures. To accomplish thiS, use the attached
"Request for Funds" form. This form can also be found at:
http://www vaemerQencv com/Qrants/forms/ReQuestforFundsProlectExpenditure NEW
xis. You are required to attach purchase orders, inVOices or other documentation that
reflect your spending plan. Paid inVOices for drawdown amounts are due no later than
120 days from the drawdown request date.
The end of the program penod IS June 30, 2009, for obligation purposes and
September 30,2009, to complete expenditures and finalize the close out reporting
process.
Dunng this program penod, all subgrantees are reqUired to submit quarterly
progress reports. This form can be found at
http.l /www.vaemerQencv.com/Q rants/forms/ProQ ress Report.doc.
"Working to Protect People. Property {lnd Our Communities"
Mr Chandler
Page 2
July 18, 2008
Grant reCipients will be monitored periodically by VDEM and/or NPD to ensure
that the program goals, objectives, timelines, budgets, and other related program
criteria are being met. Monitoring will be accomplished through a combmation of office-
based and on-site monitoring visits. Monitoring will involve the review and analysIs of
the financial, programmatic and administrative as well as other Issues relative to each
program, and will Identify areas where technical assistance and other support may be
needed. Subgrantees may be required to submit a special progress report In addition to
the quarterly reports if the Commonwealth deems necessary This award IS subject to
all administrative and financial requirements, Including the timely submiSSion of all
financial/programmatic reports and adhering to the Special Conditions attached. Should
you not adhere to these requirements, you will be In violation of the terms of this
agreement and the award will be subject to termination and reallocated.
If you have any questions regarding this award, please contact Bill Lawson at
(804) 897-6500 extension 6604.
Sincerely,
~~/ifc~
Michael M. Cline
c: The Honorable Robert P Crouch, Jr., Assistant to the Governor for Commonwealth
Preparedness
The Honorable John Marshall, Secretary of Public Safety
Ms. Janet Clements, Chief Deputy State Coordinator for Emergency Management
Mr Brett Burdick, Deputy State Coordinator for Administration
Mrs. Susan Mongold, Grants Coordinator
Ms. Cheryl A.dklns, Grant Manager
Mr Mark Morton, Heavy Tactical Rescue Chief
Ms. Amanda Wood, Grant Manager
Mr. Greg Parsons, Battalion Chief
Attachments
MMC/bl
'''Working to Protect People, Proper~v and Our Communities"
, I I
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Appropnate Funds to Provide an Interest-Free Loan to the
Kempsville Volunteer Rescue Squad for the Purchase of a Replacement
Ambulance
MEETING DATE: October 7,2008
. Background: The Kempsville Volunteer Rescue Squad IS requesting a no-
Interest loan from the City to replace an ambulance that has expenenced a great deal of
wear and tear over the last several years due to Increased staffing and calls for service.
The ten volunteer rescue squads In the City of Virginia Beach provide Invaluable
services to our community The volunteer rescue squads own all the ambulances
providing 911 emergency medical transportation services In the City of Virginia Beach.
They receive no direct tax funding for their operating costs to proVide these services
and do not charge their patients for the medical treatment and/or transportation
rendered. The pnmary source of revenue for the volunteer rescue squads IS through
their individual squad fund dnves, conducted annually
Depending on the availability of funds, the City proVides some support costs for the
Volunteer Rescue Squads, such as providing standard equipment for the ambulances;
physical facilities and spaces to house and support eqUipment and personnel; paYing
utility bills for all buildings and facilities hOUSing a rescue squad, Including those owned
by a rescue squad; proViding or paYing for property and liability Insurance for any
building, facility or real property used to operate the volunteer emergency medical
transport service; proViding or paYing for fuel for ambulances, zone cars and other
emergency service vehicles; providing or paYing for Insurance covenng ambulances
and other emergency service and support vehicles owned by the rescue squads;
providing adequate staff and budget for volunteer EMS recruitment and retention
programs; proViding Initial and continued training and education of volunteers; and
proViding shift supervision.
Also, the City of Virginia Beach has hlstoncally provided short term, no Interest loans to
the volunteer rescue squads servicing our citizens. The majority of these loans have
been to provide Initial capital for the acquisition of replacement ambulances. The cost of
a new ambulance routinely exceeds $100,000, without consideration of the medical
equipment, supplies or personnel.
. Considerations: The attached letter from Kempsville Volunteer Rescue Squad
has been received by the Department of Emergency Medical Services requesting a no
Interest loan In the amount of $77,000 payable In five equal annual payments of
$15,400 each. The first payment would commence June 2009 The Kempsville
Volunteer Rescue Squad has been awarded a State Rescue Squad ASSistance Fund
grant of $55,OClO to fund a portion of the estimated $132,000 cost of the replacement
ambulance if the ambulance IS ordered by October, 2008.
. Public Ilnformation: Information will be disseminated through the regular
Council agenda notification process.
. Alternatives: The alternative to this request could Include pursuit of a bUSiness
loan from a private finanCial Institution, which will be costlier and will cause the rescue
squad to further delay purchase of the replacement ambulance. Delay In purch~slng the
ambulance may endanger receipt of the $55,000 State grant that will expire In
December, 2008 if the ambulance IS not ordered by October
. Recommendations: The Department of Emergency Medical Services
recommends approval of this loan request and ordinance.
. Attachments: Ordinance, Promissory Note, Letter from Kempsville Volunteer
Rescue Squad Requesting a No Interest Loan
Recommended .Action: Approval
Submitting DepiutmentlAgency: Department of Emergency Medical servlce~
City Manager: ~ \L , ~~
5
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AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE
AN INTEREST-FREE LOAN TO THE KEMPSVILLE
VOLUNTEERRESCUESQUADFORTHEPURCHASEOFA
REPLACEMENT AMBULANCE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA.
1 Appropnate $77,000 from the fund balance of the General Fund for an Interest-
free loan to the Kempsville Volunteer Rescue Squad for the purchase of a replacement
ambulance.
2. That provIsion of the Interest-free loan IS conditional upon written request for
payment and the provIsions of a promissory note, pursuant to which Kempsville Volunteer
Rescue Squad shall repay the loan within 5 years.
Adopted by the Council of the City of Virginia Beach, Virginia on the day of
,2008.
ReqUIres an affirmative vote by a majority of all members of the City Council.
Approved as to Content:
Approved as to Legal
SuffiCiency'
[)~Q-
c~'-
Management Services
CA 10871
R-3
September 26, 2008
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KEMPSVILLE VOLUNTEER RESCUE SQUAD
P.O. BOX 62345 VIRGINIA BEACH. VA 23466 (757) 340-KVRS
.''''
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www.kvrs.oro
To: Bruce Edwards
Reference: Vehicle Loan
04/03/08
Dear Chief Edwards,
I hope all finds you well. I am writing to request a no Interest loan from the Department
of EMS and thl3 City of Virginia Beach for the purchase of a new ambulance.
We have obtained a 50/50 grant for a portion of this purchase.
The amount of the loan we are requesting IS $77,000. We have a total purchase pnce
of approxlmate,ly $132,000 with a grant of $55,000. Repayment of the loan would be
over the term of five (5) years In lump sum payments of $15,400 each
This unit IS a rE~placement of a current unit that has seen a great deal of wear and tear
over the past several years. Our units at Kempsville are seeing Increased usage due to
need for Increa:sed staffing as well as an Increase In call volume.
Your time and consideration with regard to this matter IS greatly appreciated.
If you reqUire further documentation or have further questions, please do not hesitate to
contact me.
Thank you
email signature!
Richard E. Baker NREMT-P
Captain Kempsville Volunteer Rescue Squad.
I I I:
PROMISSORY NOTE
$77,000
Virgima Beach, VirgmIa
October 7, 2008
FOR V ALUE RECEIVED, Kempsville Volunteer Rescue Squad, ("Maker"), promIses to
pay, wIthout offset, to the order of the City of Virgmia Beach, ("Noteholder") at MumcIpal
Center, VirgIma Beach, V A, or such other place as Noteholder may desIgnate m wntmg, the
pnncIpal sum of SEVENTY SEVEN THOUSAND DOLLARS ($77,000) together wIth mterest
thereon.
From the date of thIS Note, mterest on the unpaid pnncipal balance shall accrue at the rate of
ZERO Percent (0%) per annum.
Payment on pnncIpal shall be as follows:
On or before June 1,2009 - $15,400
On or before June 1,2010 - $15,400
On or before June 1,2011 - $15,400
On or before June 1,2012 - $15,400
On or before June 1,2013 - $15,400
ThIS note may be prepaid m whole or m part wIthout penalty Any such prepayments
shall be applied to prmcIpal.
If the Noteholder has not receIved the full amount of the annual payment by the end of 15
calendar days after the date It IS due, Maker will pay a late charge to the Noteholder. The
amount of the charge will be 15% of any overdue payment of principal. Maker will pay thIS late
charge promptly but only once on each late payment.
If Maker does not pay the full amount of each annual payment on the date It IS due,
Maker will be in default, and the entire prmcipal amount hereof, together wIth all accrued
mterest and late charges, shall become Immediately due and payable at the optIon of the
Noteholder. Failure to exerCIse thIS optIOn upon any default shall not constItute or be construed
as a waIver of the nght to exercIse such optIOn subsequently.
Presentment, demand, protest, notices of dishonor and of protest, and all defenses and
pleas on the ground of any extenSIOn or extenSIOns of the time for payment or of the due dates of
thIS note, the release of any partIes who are or may become liable heron, m whole or m part,
before or after matunty, WIth or WIthout notice, are waived by the Maker and are Jomtly and
severally waIved by any endorsers, suretIes, guarantors and assumers hereof. It IS further agreed
by each of the foregomg partIes that they will pay all expenses mcurred m collectIOn thIS
obligation, mcluding reasonable attorney's fees, If thIS obligatIOn or any part hereof IS not paid
when due.
9/22/2008 C:\Documents and Settmgs\kschoJan\Local Settings\Temporary Internet Files\OLKA6\Kempsville Volunteer Rescue Squad Promissory Note 10-07-
08.doc
WITNESS the followmg sIgnature(s).
KEMPSVILLE VOLUNTEER RESCUE SQUAD
(SEAL)
By' NAME, DIrector
9/22/2008 C:\Documents and SettlDgs\kschoJan\Local SettlDgs\Temporary Internet Files\OLKA6\Kempsville Volunteer Rescue Squad Promissory Note 10-07-
08.doc
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Transfer Funds to the FY 2008-09 Operating Budget of the
Commonwealth's Attorney Office and to Approve Two Full-Time, City-Funded
Positions
MEETING DATE: October 7,2008
. Background: In 1997, the Virginia Beach Commonwealth's Attorney began
prosecuting misdemeanor domestic Violence cases. The office prosecuted an average
of 2,200 domestic Violence cases per year Due to budget constraints In 2002, the office
ceased prosecution of misdemeanor domestic Violence cases. DUring 2003, the office
again resumed the prosecution of misdemeanor domestic Violence cases with funding
and support from the City of Virginia Beach provided through a transfer of 3 Attorney
positions and 2.5 support staff positions to the Commonwealth's Attorney Office from
the City Attorney's Office. ThiS transfer allowed the Commonwealth's Attorney Office to
handle domestic Violence and City misdemeanor cases. In 2004, the Commonwealth's
Attorney and the Executive Director of the Samaritan House collaborated on a proposal
for a two year grant to expand efforts In prosecuting domestic Violence and to begIn
prosecuting all protective order Violations. The Grant to Encourage Arrest PoliCies
Program administered by the Office on Violence against Women In Washington DC was
awarded to Virginia Beach In September 2004 Subsequently, a renewal was receIved
In 2006 and it expired on August 31,2008 and does not appear that it will be renewed.
. Considerations: The grant allowed the Commonwealth's Attorney to hire two
attorneys, one paralegal, one clerk and one Victim witness caseworker to strengthen
efforts In prosecuting domestic Violence and to begin prosecuting domestic Violence
protective order Violations. The Commonwealth's Attorney moved three of the grant
positions to permanent positions uSing eXisting vacancies withIn the office except for
one attorney and one Victim witness caseworker
The Commonwealth's Attorney Office requests that one AssIstant Commonwealth's
Attorney and one Victim Witness Caseworker I be added to their FY 2008-09 budget at
a cost of $87,644 (nine months of salary and associated benefits) utiliZing the General
Fund Reserve for ContingenCies. City Council policy does not allow the City to
"automatically supplant funds from State, Federal, or Private agencies with local funds
when those agencies reduce or eliminate funding to City or School programs." ThIS
policy was established by the City Council to prevent a shifting of fiscal responsibility to
the City if grants are not funded.
. Public Information: Public Information will be provided through the normal
Council agenda process.
. Attachments: Ordinance
Recommended Action:
Submitting Department/Agency: Commonwealth's Attorney Office
City Manager:
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AN ORDINANCE TO TRANSFER FUNDS TO THE FY
2008-09 OPERATING BUDGET OF THE
COMMONWEALTH'S ATTORNEY OFFICE AND TO
APPROVE TWO FULL-TIME, CITY-FUNDED
POSITIONS
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA.
1 That $87,644 IS hereby transferred from the General Fund Reserve for
Contingencies to the FY 2008-09 Operating Budget of the Commonwealth's Attorney
Office for prosecuting domestic Violence cases.
2. That two full-time positions are hereby established In the FY 2008-09
Operating Budget.
Adopted by the Council of the City of VirgInia Beach, Virginia on the
,2008.
day
of
Approved as to Content:
Approved as to Legal
SuffiCiency.
B~4_~
Management Services
~~
City A orney's Office
CA 10873
R-3
September 26,2008
, I I,
L. APPOINTMENTS
HISTORIC PRESERVATION COMMISSION
PARKS AND RECREATION COMMISSION
RESORT ADVISORY COMMISSION
REVIEW AND ALLOCATION COMMITTEE
TIDEWATER REGIONAL GROUP HOME COMMISSION
WORKFORCE HOUSING ADVISORY COMMITTEE
I I I'
M. UNFINISHED BUSINESS
I I I.
N. NEW BUSINESS
0 ADJOURNMENT
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PUBLIC COMMENTS
Non-Agenda Items
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Comprehensive Plan
Open Houses
October 9,2008 WhIte Oaks Elementary DIstrict #3 - Rose Hall
7:00 - 9:00 PM School
October 13, 2008 ConventIon Center DIstrict #6 - Beach
7:00 - 9:00 PM
October 16, 2008 AssociatIOn for Research & DIstrict #5 - Lynnhaven
7:00 - 9:00 PM Enlightenment DIstrict #6 - Beach
October 20, 2008 Princess Anne High School DIstrict #4 Bayslde
7:00 - 9:00 PM DIstrict #5 - Lvnnhaven
October 23, 2008 Bayslde RecreatIon Center DIstrict #4 Bayslde
7:00 - 9:00 PM DIstrict #5 - Lynnhaven
I
October 27,2008 Cox High School DIstrict #5 - Lynnhaven
7:00 - 9:00 PM ,
*********
If you are physically disabled or visually impaired
and need aSsIstance at thIS meetmg,
please call the CITY CLERK'S OFFICE at 385-4303
***********
Agenda IOn/08 aib
www,vbgov,com
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Ii CITY OF VIRGINIA BEACH
SVMMARY OFCOUNCU ACnONS
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DATE September 23. 2008 M B L
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Pi\GE: I S I E 1 L N U N I
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H L R IY S N F N A N D
I, 1l.1ll,lV- CERTIFICA nON OF CLOSED
E SESSION CERTIFIED 10-0 Y Y Y A Y Y Y Y Y Y Y
F MINUTES September 9, 2008 APPROVED 10-0 Y Y Y A Y Y Y Y Y Y Y
WH-I PUBLIC HEARINGS No Speakers
EXCESS PROPERTY -ITA
conveyancey easement - North Landing
Road
2 Operation Smile, Inc, No Speakers
a. DEDICATION - Faculty
Boulevard/South Rosemont Road
b, OPTION TO PURCHASE - Concert
DnvelRosemont Road
I-I PUBLIC COMMENT
2009 COMMUNITY LEGISLATIVE I Speaker re
AGENDA Public Safetv
J/K-I Ordinance to AMEND City Code re ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y
vehicles for sale/rent CONSENT
" Ordinance to DECLARE EXCESS ADOPTED. BY 10-0 Y Y Y A Y. Y Y Y Y Y Y
property/AUTHORIZE conveyance to CONSENT
Operation Smile, Inc.rrCCI
AUTHORIZE Development Agreement
/GRANT oDtlon to acquire
3 Ordinance to AUTHORIZE Agreement for ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y
exchange of property with USA to acquire CONSENT
Marshvlew/CONVEY a restrictive
easement ITA/ACCEPT QUitclaim Deed
from the Navv
4 ResolutIOn to Go Green Virginia Beach: ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y
endorsed by VML CONSENT
5 Resolution re proposed Issuance of tax- ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y
exempt Revenue Bonds by SPSA for CONSENT
facilities IR Virl!.IRla Beach
Ii ResolutIOn to ENDORSE Elizabeth River ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y
2008 Watershed ActIOn Plan/SUPPORT/ CONSENT
restoratIOn/conservatIOn
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
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DATE September 23, 2008 M B L
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PAGE: 2 S 1 E J L N U N 1
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AGENDA E Z Y L N N 0 R E S 0
ITEM # SUBJECT MOTION VOTE P E E E E A R 1 V 0 0
H L R Y S N F N A N D
7 Resolution to ENDORSE ADOPTED 10-0 Y Y Y A Y Y Y Y Y Y Y
HouslnglNelghborhood Preservation to
develop proposals to Implement
recommendatIOns
8 Ordinance to MODIFY Va CorrectIOns ADOPTED. BY 10-0 Y Y Y A Y Y Y Y Y Y Y
Construction Standards re Corrections CONSENT
Center III
9.a Ordinances to ACCEPT Grants from
VDOT/APPROPRIA TE to Police:
$51,570/$10,314 matchmg funds re seat ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y
belt laws CONSENT
b $67,930/$13.586 matchmg funds re DUI ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y
laws CONSENT
10 Ordinance to ACCEPT a $70.000 Grant ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y
from VMHlMRSA Services to Human CONSENT
ServIces' state rel!:Ulatlol1s
ADD ON Ordinance AUTHORIZING Amendment ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y
to multi-year Agreement between USA and CONSENT
City re IT A to Increase Navy's funding
oblil!:atlon to $7,072.050
L-I.a Applications for CUP.
CENTERVILLE BINGO, INC. re a bmgo APPROVED/ 9-1 Y Y Y A Y Y N Y Y Y Y
hall at 1920 Centerville Turnpike, CONDITIONED
DISTRICT 1 - CENTERVILLE BY CONSENT
b VIRGINIA BEACH INK re a tattoo APPROVED/ 10-0 Y Y Y A Y Y Y Y Y Y Y
studio at 612 Nevan Road. DISTRICT 5- CONDITIONED
LYNNHAVEN BY CONSENT
M APPOINTMENTS
CHESAPEAKE BAY PRESER V A TION 10-0 Y Y Y A Y Y Y Y Y Y Y
AREA BOARD 01/012009
thru 12/3112009
Dorothy L.
Wood
HISTORIC SITES ORGANIZING RESCHEDULED B Y C 0 N S E N S U S
COMMmEE
HUMAN RIGHTS COMMISSION Unexpired term 10-0 Y Y Y A Y Y Y Y Y Y Y
thru 03/31/20 I 0
William J. Dale
PARKS AND RECREATION 2 year term 10-0 Y Y Y A Y Y Y Y Y Y Y
COMMISSION 09/01/08-06/30/10
Jamal Wallace,
JUDlor, Green
, 1 I'
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
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DATE September 23, 2008 M B L
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PI\GE: 3 S I E J L N U N I
T E D N 0 A D H U L W
AGENDA E Z Y L N N 0 R E S 0
ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0
H L R Y S N F N A N D
=
Run High School
RESORT ADVISORY COMMISSION UnexplTed tenn 10-0 Y Y Y A Y Y Y Y Y Y Y
Ibru 12/31/08 plus
3 year tenn
01/01/09- 12/3 Illl
Laura W Habr;
Lmwood O.
Branch. III.
representing
Chamber of
Commerce
REVIEW AND ALLOCATION RESCHEDULED B Y C 0 N S E N S U S
COMMITIEE
:-.
,
WORKFORCE HOUSING ADVISORY 4 year tenn 10-0 Y Y Y A Y Y Y Y Y Y Y
COMMITIEE 10/0 I 108-09/30/1 2
Kimberle A.
Rizzo
WOIP ADJOURNMENT N4PM