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MAY 27, 2014 MINUTES
I I CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 ROBERT M. DYER, Centerville - District 1 BARBARA M. HENLEY, Princess Anne - District 7 SHANNON DS KANE, Rose Hall District 3 BRAD MARTIN, P.E., At Large JOHN D. MOSS, At Large AMELIA ROSS-HAMMOND, Kempsville - District 2 JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lvnnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY- MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 27 MAY 2014 CITY HALL BUILDING 2401 COURTHOUSE DRIVE' VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL.' Clycncl@vbgov.com I. CITY MANAGER'S BRIEFINGS A. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director — Finance II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - - Conference Room - A. CALL TO ORDER — Vice Mayor Louis R. Jones B. ROLL CALL COUNCIL C. RECESS TO CLOSED SESSION 5:00 PM 5:30 PM V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Vice Mayor Louis R. Jones B. INVOCATION: Reverend Cheston Holomon Pastor St. Johns Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS May 13, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARING 1. LEASE OF CITY -OWNED PROPERTY 5694 Wesleyan Drive I. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 2-7 of the City Code re the Office of Volunteer Resources 2. Resolution to APPOINT Father James Parke as the City Council appointed Director of the Office of Volunteer Resources 3. Ordinance to AMEND the FY 2013-14 Operating Budget of Housing and Neighborhood Preservation 4. Resolution to DIRECT Staff to take certain actions re the development of a major sports and entertainment arena 5. Ordinance to ACCEPT a Mine -Resistant Ambush Protected Vehicle re the SWAT program 6. Ordinances to AUTHORIZE the City Manager to EXECUTE: a. Agreement with The Chesapeake Bay Foundation, Inc. re construction, dedication of parking spaces, a pedestrian path and related improvements located along Winston Place b. Lease with Ebenezer Baptist Church re additional parking at 5694 Wesleyan Drive 7. Resolution re the ISSUANCE of a by Revenue Bond not to exceed $10,000,000 by the Joint Industrial Development Authority of Northampton County and its Incorporated Towns re the Young Men's Christian Association (YMCA) of South Hampton Roads 8. Resolution re a Plan of Financing with the Development Authority for certain documents prepared in connection with such financing and AUTHORIZING the execution and delivery of the same 9. Resolution to PETITION the Commonwealth Transportation Board to transfer certain real property re construction, reconstruction, alteration, maintenance or repair of various roadways and AUTHORIZE the City Manager to EXECUTE documents to convey the rights-of-way 10. Resolution to GRANT permits to ALLOW Emergency Medical Services Agencies to operate in the City of Virginia Beach: a. Eagle Medical Transports b. American Lifeline Medical Transport c. Lifeline Ambulance Service d. Mid -Atlantic Regional Ambulance e. Children's Hospital of the King's Daughters f. Special Event Providers of Emergency Medicine g. Nightingale Air Ambulance Service h. Emergency Medical Response i. Reliance Medical Transport j. Medical Transport, LLC 11. Ordinance to EXEMPT Taxation on certain local Real and Personal Property used by the Military Aviation Museum 12. Ordinance to ACCEPT and APPROPRIATE funds from the US Department of Homeland Security to the Fire Department: a. $25,090 re shelter kits at the new Kellam High School and an interoperable radio system for the medical friendly shelter b. $22,000 re Emergency Operations Center access to feeds from cameras at the Oceanfront and certain intersections 13. Ordinance to TRANSFER funds re the "Thalia Station Revitalization and Conversion" for the Thalia Fire Station No. 7: a. $ 32,000 from the Chesapeake Beach Fire and EMS Station b. $ 31,000 from the Fire and Rescue Station — Town Center (Thalia) c. $ 13,000 from Police Special Operations d. $ 25,000 from the CIT Fire Station Alerting System e. $ 24,000 from various buildings HVAC replacements f. $120,000 from Emergency Communications g. $ 30,000 from Emergency Medical Services J. PLANNING 1. Application of EBENEZER BAPTIST CHURCH for a Street Closure on portions of Norwich Avenue, Burma Road and Wesleyan Drive re an expansion of a religious facility (parking lot) at 875 Baker Road DISTRICT 4 — BAYSIDE RECOMMENDATION APPROVAL 2. Application of CROWN CASTLE USA, INC. for a relocation of a Nonconforming Structure re a communication tower at Meadow Ridge Lane (deferred February 25, March 11 and April 8, 2014) DISTRICT 7 - PRINCESS ANNE RECOMMENDASTION APPROVAL 3. Application of HAMPTON ROADS SANITATION DISTRICT (HRSD) for a Conditional Use Permit re a communications tower and developing a "Smart Sewer System" at 645 Firefall Drive DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 4. Application of MILESTONE COMMUNICATIONS/HAMPTON ROADS SANITATION DISTRICT for a Conditional Use Permit re a communications tower at 1434 Air Rail Avenue DISTRICT 4 — BAYSIDE RECOMMENDATION APPROVAL 5. Application of TRACY DESJARDINS/RACHEL and JOHN DAVIS for a Conditional Use Permit re a [Child] Daycare Home at 1521 Oak Knoll Lane DISTRICT 1 — CENTERVILLE: RECOMMENDATION APPROVAL 6. Applications of VIRGINIA BEACH IL AL INVESTORS, LLC/CITY OF VIRGINIA BEACH at South Independence Boulevard and Princess Anne Road DISTRICT 1 — CENTERVILLE: a. Modification of Proffers of a Change of Zoning (approved on February 8, 2011) b. Conditional Use Permit re senior and disabled housing RECOMMENDATION APPROVAL 7. Application of RODNEY PRICE/DAM NECK CROSSING, LLC for a Conditional Use Permit re motor vehicle (truck and trailer) rentals at 1630 General Booth Boulevard DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 8. Applications of KOCH DEVELOPMENT CO./SEA ESCAPE CORPORATION at 1701 Atlantic Avenue: DISTRICT 6 — BEACH a. Special Exception for Alternative Compliance to the Oceanfront Resort District Form -Based Code. b. Conditional Use Permit for outdoor recreation RECOMMENDATION APPLICANT REQUESTS INDEFINITE DEFERRAL 9. Application of RONALD W. and GWENDOLYN L. DODSON for a Conditional Change of Zoning from R-7.5 Residential to Conditional R -5D Residential for development of single- family dwellings and to "preserve a historic oak tree" at 1652 and 1658 Kempsville Road DISTRICT 1 — CENTERVILLE STAFF'S RECOMMENDATION PLANNING COMMISSION'S RECOMMENDATION DENIAL APPROVAL 10. Application of OCEANSIDE BUILDING/SHARON CAREY for a Conditional Change of Zoning from R-15 Residential to Conditional R-10 Residential at 4157 Indian River Road re development of single-family dwellings DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 11. Application of MICHAEL D. SIFEN, INC./KIM GORDON HICKMAN, HICKMAN PLANTATION SHOPPES, LLC, DOUGLAS C. and GLORIA J. BOND HICKMAN and MARY HUNTER HICKMAN for a Conditional Change of Zoning from R-20 Residential to Conditional B-2 Community Business to be conducted at the "Hickman Historic House" at 2176, 2180, 2208 General Booth Boulevard DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL K. APPOINTMENTS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE PARKS and RECREATION COMMISSION OPEN SPACE ADVISORY COMMITTEE SOCIAL SERVICES BOARD THE PLANNING COUNCIL TIDEWATER COMMUNITY COLLEGE TOWING ADVISORY BOARD VOLUNTEER RESOURCES DIRECTOR WETLANDS BOARD 2040 VISION TO ACTION COMMUNITY COALITION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* CITY COUNCIL MEETINGS RESCHEDULED EFFECTIVE: JUNE 1, 2014 FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS FIRST TUESDAYS: OPEN CITIZEN DIALOGUE SECOND/FOURTH TUESDAYS: WORKSHOPS — 4:00-6:00 PM 2014 CITY HOLIDAYS Independence Day - Friday, July 4 Labor Day - Monday, September 1 Veterans Day - Tuesday, JNIol'ernber 11 Thanksgiving Day and Day after Thanksgiving — Thursday, November 27 and Friday, November 28 Christmas Eve (half-day) - fVednesday, December 24 Christmas Day - Thursday, December 25 CITY COUNCIL RETREAT Economic Development Office Town Center Monday, September 8, 2014 -1 - VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 27, 2014 Vice Mayor Louis R. Jones called to order City Council's Informal Session, in the City Council Conference Room, Tuesday, May 27, 2014, at 5:00 P.M. Council Members Present: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Absent: Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 _Z_ CITY COUNCIL'S BRIEFING ARENA BUSINESS and OPERATING ANALYSIS ITEM #63813 5:00 P.M. Vice Mayor Jones introduced and welcomed Patti Phillips, Director — Finance. Mrs. Phillips provided the attached briefing, which is made a part of this record. May 27, 2014 FY14 Budget to Actual Financial Update as of April 30, 2014 Overview -10 Months • FY14 General Fund Revenues • FY14 General Fund Expenditures • Next Steps 5/23/2014 1 5/23/2014 FY14 GF Revenues & Expenditures Compared to Budget Thru Apr. 30, 2014 (in millions) Revenues Local (83.0% of budget) State (15.2% of budget) Federal (1.8% of budget) Total Revenues Expenditures City Operations School Operations Total Expenditures Annual YTD 8udzet Actual Variance $ 816.3 5 479.9 $ (336.4) 149.0 76.5 (72.5) 17.5 13.7 (3.8) 982.8 $ 570.1 $(412.7) $ 639.9 S 516.6 S 123.3 401.4 333.2 68.2 $1,041.3 $ 849.8 $ 191.5 Less Amounts Funded from Fund Balance Encumbrances/Carryforwards at 6/30/13 $ 8-2 City and School Capital Projects 24.5 School's Operating Budget J.1 School Reversion 18.8 Thalia Station Revitalization 0.5 Arrears Conversion Pay 3.4 Adjusted Expenditures $ 982.8 FY14 YTD General Fund Revenues Compared to Historic Trend at Apr. 30, 2014 101) 0% 100% 80% YTD ACTUAL = $570.1M ANNUAL BUDGET = $982.8M 20% 1.5% 0 41.6°/ 48.80/ 44.70/ 45.1% 0 55.10/ 49.2% 4.3% 7.8% Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun *Rev Trend -X-% ofFYl4 Rev Budget 8.5% 4.2% 0 32.6° 153°/ 8.6% as '0 13.9% 42.0% 28.1% 58.00/c/ 55.5% F9 • 1 78.3% 58.6% 5/23/2014 FY14 - General Fund Revenues • Still need to collect 42.0% of revenues — At issue is City FY14 revenue budgeted by State in FY15 • Total Revenue follows the trend line — Includes Tax Relief for Elderly & Disabled of $14.7M — Includes delinquents from prior years • Several items are on a 1- 2 month lag • 2nd Real Estate installment due June 5, 2014 • Local Annual Personal Property tax due June 5, 2014 - $85.2M Real Estate Revenues - GF Portion Only April 30, 2008 - 2014 $500 $400 $300 $100 20 80% 60% FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 L ® Actual Collections O YTD •eeii—% of Total *Total Citywide Budget of $462.9M FY 2014 20% 0% Personal Property Taxes (excludes PPTRA) April 30, 2008 - 2014 $80 $60 r, $40 K $20 $o $73.1 $73.7 $74.7 BUDGET $85.2 70% 60% FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 r ®Actual Collections O YTD t % of Total 20% 10% 0% $60 General Sales Taxes April 30, 2008 - 2014 3.0% Up from FY13 BUDGET $58.0 MIES Actual Collections O YTD -M— % of Total 100% 80% 0 60% 0 U 0 40% o 20% 0% 5/23/2014 4 Utility Taxes April 30, 2010 - 2014 $24.9 $25.1 BUDGET $25.1 73.6% $18.5 100% 80% FY 2010 FY 2011 FY 2012 FY 2013 ®Actual Collections O YTD -I-% of Total I FY 2014 $25 Telecommunications Taxes April 30, 2010 - 2014 $21.6 5.9% Down from FY13 BUDGET FY 2010 FY 2011 FY 2012 FY 2013 —t®Actual Collections O YTD -+-•% of Total FY 2014 100% 80 60% r. 0 0 N O 40% G 20% 0% 5/23/2014 5 Business License April 30, 2010 - 2014 050 $40 t $38.1 $36.9 $30 520 $10 $0 $41.3 $39.5 1.3% Up from FY13 $44.2 $42.6 $41.1 $40.1 BUDGET $42.8 $43.2 FY 2010 FY 2011 FY 2012 FY 2013 ® Actual Collections OYTD -*-%of Total FY 2014 150% 120% 0 90% a 0 U O 60% `o 30% 0% Hotel Room Taxes - GF Portion Only April 30, 2008 - 2014 $6 55 - 0 84 o c $3 c $2 — 01 - 00 BUDGET $6.1 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 ®Actual Collections O YTD --•%of Total 150% 125% 100% N 0 0 75% U O 50% 25% 02 FY 2014 0 5/23/2014 6 $30 $25 $20 Total Hotel Room Taxes April 30, 2008 - 2014 $23.6 $23.0 $22.8 $24.2 $25.6 $26.3 BUDGET $27.4 150% 125% 100% m 0 i 75% $10 $5 $0 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 ®Actual Collections oYTD —�— % of Total 0 H 0 50% 25% 0% FY 2014 Hotel Room Taxes 8% Allocation (in millions) Total Hotel Room Tax FY14 Budget = $27.4M SB $1 $0 CBD TIF receives $500K annually from GF ($222K) and TIP ($278K) CD GE 2% ® CBD TIF ® TAP 1%/$1 ClTIP 5% SB $1 Hotel Room Tax = 8% plus $1 room nights Note: SB SSD has an additional 1 1/2 010 tax 5/23/2014 / Restaurant Meal Taxes - GF Portion Only April 30, 2008 - 2014 040 $32 E $24 x$16 58 $0 $30.6 $30.8 $30.9 2.9% Up from FY13 $32.3 $34.0 $35.1 160% BUDGET $37.1 O ® Actual Collections CO YTD of Total 0 560 545 $30 Total Restaurant Meal Taxes April 30, 2008 - 2014 2.9% Up from FY13 $48.1 $48.3 $48.4 9.9 ; 40.0 40.0 83.182.0% __.. _J.82.6% 515 - $0 FY 2008 $50.6 41.7 82.4% $53.5 $55.3 44.0 5.5 82.2% '`' 82.3% FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 ®Actual Collections OYTD —e— % of Total BUDGET $58.1 160% $46.8 120% 80. FY 2014 % s 40% 0% of Total Collections 5/23/2014 8 Restaurant Meal Taxes 5 1h% Allocation (in millions) Total Restaurant Meal Tax FY14 Budget = $58.1M GF 3.5% ® TAP 0.5% 0 TIP 1.06% ® os 0.44% 5/23/2014 9 Summary of City's GF Revenues April 30, 2014 (in millions) Budget Actual * Real Estate Taxes 8 427.1 $ 227.3 53.2 oo Personal Property Taxes 85.2 20.2 23.7 Pers. Prop. Tax Relief Act 53.4 6.5 12.2 General Sales -Tx 58.0 42.4 73.1 Utility Taxes 25.1 18.5 73.6 Telecommunications Taxes 19.7 12.4 63.2 Business Licenses 42.8 43.2 100.9 Hotel Taxes 6.1 5.1 84.3 * Restaurant TaNes 37.1 29.8 80.5 Char_es for Services 60.6 42.9 70.8 Other Local Revenues 54.6 38.1 69.7 * State Revenues 95.6 70-0 73.-) ** Federal Revenues 17.5 13.7 78.2 S 982.8 $ 570.1 58.0 ° o ' GF portion only " "Ai does not include PPTRA portion 5/23/2014 9 Projected variance by %: <0.7%> Projected; budget variance: $<6 -,8M> FY14 YTD General Fund Expenditures Compared to Historic Trend at Apr. 30, 2014 Percent of Total Expenditu 100% 80% 60% 40% 20% 0 YTD ACTUAL = $849.8M ANNUAL BUDGET = $1,041.3M 61.5% 84.0% 76.2%� " 69.4% 74.O% r`e5 66.5% 92.9%_ 102.0% 81.6% 37.7% 27.9% 19.1% 27.4% 53.6% 45.2% fv as 36.0% fN 58.6% 51.2% 43.0% ra 10.5° • 19.4% 11.4% Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun =Expenditure Trend —x— % ofFY14 Exp Budget 5/23/2014 10 FY14 General Fund Expenditures by Type Annual I'M Actual Budget Expenditures Variance Salaries Fre Benefits Operating Expenses Capital Outlay' Leases, Land Structures and Inprovenrnts Debt Service Transfers to Schools Transfers to CIP Transfers to Sheriff Transfers to Parks and Rec Transfers to Other Areas Reserve for Contingencies Total Expenditures by Type Percent of Total S 252,621,876 S 205 272.352 S 47.349.524 99.394.349 76,532,143 22.862206 159451,759 130.763.913 28,687,846 9.473.237 8,414245 L058.992 4.556.163 3.664.028 892,135 45,083.433 37,326254 7.757,179 401.403.698 333.175.093 68.228.605 42.764 295 35.648.797 7.115,498 15.689.819 12.987 584 2.702.335 5.137.027 4.231940 905.087 1.8 95.6 50 1.795 212 100,438 3.878.030 - 3.878.030 51,041,349,336 S 849,811,561 S 191,537,775 100.0% 81.6% 18.4% • • FY14 General Fund Expenditures Total at April 30, 2014 — $849.8M, or 81.6%, of $1.041B Budget Summary of Actual Expenditures Under Budget at June 30: (in millions) Total % of Total Budget City % of City Budget .Schools 2009 (Actual) 539.6 3.5°0 324.7 3.2°'0 314.9 2010 (_-actual) 545.3 4.1°0 S27.6 3.6°0 317.7 2011 (_actual) S32.1 3.1°o 322.4 32°40 39.7 2012 (_Actaab 331.1 3.1" '0 315.1 2.4°13 316.0 2013 (Acwal; 342.5 4.1'0 323.7 3.5°1) 318.8 5/23/201L 11 -1% 0% 1% 2% Projected variance by %o: <2.2%> Projected budget variance: $<22 - 24M> Next Steps 1113 • May Interim June 24, 2014 • Closeout of financial statements FY14 - Aug. 15th • Unaudited financial statements FY14 - Sept. • Audited CAFR FY14 - Dec. 9th 5/23/2014 12 -3 - CITY COUNCIL COMMENTS 5:16 P.M. ITEM #63814 Councilman Moss requested when City Council receives a copy of the approved Budget, that it also include a summary of outstanding liens on the new Revenue. This will help ensure the City does not spend funds they do not have. May 27, 2014 -4 - AGENDA REVIEW SESSION 5:17P.M. ITEM #63815 BY CONSENSUS, the following shall compose the CONSENT AGENDA: L ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 2-7 of the City Code re the Office of Volunteer Resources 2. Resolution to APPOINT Father James Parke as the City Council appointed Director of the Office of Volunteer Resources 3. Ordinance to AMEND the FY 2013-14 Operating Budget of Housing and Neighborhood Preservation 4. Resolution to DIRECT Staff to take certain actions re the development of a major sports and entertainment arena 5. Ordinance to ACCEPT a Mine -Resistant Ambush Protected Vehicle re the SWAT program 6. Ordinances to AUTHORIZE the City Manager to EXECUTE: a. Agreement with The Chesapeake Bay Foundation, Inc. re construction, dedication of parking spaces, a pedestrian path and related improvements located along Winston Place b. Lease with Ebenezer Baptist Church re additional parking at 5694 Wesleyan Drive 7. Resolution re the ISSUANCE of a by Revenue Bond not to exceed $10,000,000 by the Joint Industrial Development Authority of Northampton County and its Incorporated Towns re the Young Men's Christian Association (YMCA) of South Hampton Roads 8. Resolution re a Plan of Financing with the Development Authority for certain documents prepared in connection with such financing and AUTHORIZING the execution and delivery of the same 9. Resolution to PETITION the Commonwealth Transportation Board to transfer certain real property re construction, reconstruction, alteration, maintenance or repair of various roadways and AUTHORIZE the City Manager to EXECUTE documents to convey the rights-of-way 10. Resolution to GRANT permits to ALLOW Emergency Medical Services Agencies to operate in the City of Virginia Beach: a. Eagle Medical Transports b. American Lifeline Medical Transport c. Lifeline Ambulance Service d. Mid -Atlantic Regional Ambulance e. Children's Hospital of the King's Daughters f. Special Event Providers of Emergency Medicine May 27, 2014 g• h. a. -5- Nightingale Air Ambulance Service Emergency Medical Response Reliance Medical Transport Medical Transport, LLC 11. Ordinance to EXEMPT Taxation on certain local Real and Personal Property used by the Military Aviation Museum 12. Ordinance to ACCEPT and APPROPRIATE funds from the US Department of Homeland Security to the Fire Department: a. $25,090 re shelter kits at the new Kellam High School and an interoperable radio system for the medical friendly shelter b. $22, 000 re Emergency Operations Center access to feeds from cameras at the Oceanfront and certain intersections 13. Ordinance to TRANSFER funds re the "Thalia Station Revitalization and Conversion" for the Thalia Fire Station No. 7. a. $ 32, 000 from the Chesapeake Beach Fire and EMS Station b. $ 31,000 from the Fire and Rescue Station — Town Center (Thalia) c. $ 13, 000 from Police Special Operations d. $ 25,000 from the CIT Fire Station Alerting System e. $ 24,000 from various buildings HVAC replacements f. $120, 000 from Emergency Communications g. $ 30, 000 from Emergency Medical Services ITEM #11 WILL BE DEFERRED TO JUNE 17, 2014 May 27, 2014 -6 - AGENDA REVIEW SESSION ITEM #63815 (Continued) BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: J. PLANNING 1. Application of EBENEZER BAPTIST CHURCH for a Street Closure on portions of Norwich Avenue, Burma Road and Wesleyan Drive re an expansion of a religious facility (parking lot) at 875 Baker Road DISTRICT 4 — BAYSIDE 2. Application of CROWN CASTLE USA, INC. for a relocation of a Nonconforming Structure re a communication tower at Meadow Ridge Lane (deferred February 25, March 11 and April 8, 2014)DISTRICT 7 - PRINCESS ANNE 3. Application of HAMPTON ROADS SANITATION DISTRICT (HRSD) for a Conditional Use Permit re a communications tower and developing a "Smart Sewer System" at 645 Firefall Drive DISTRICT 7 — PRINCESS ANNE 4. Application of MILESTONE COMMUNICATIONS/HAMPTON ROADS SANITATION DISTRICT for a Conditional Use Permit re a communications tower at 1434 Air Rail Avenue DISTRICT 4 — BAYSIDE 5. Application of TRACY DESJARDINS/RACHEL and JOHN DAVIS for a Conditional Use Permit re a [Child] Daycare Home at 1521 Oak Knoll Lane DISTRICT 1 — CENTERVILLE 6. Applications of VIRGINIA BEACH IL AL INVESTORS, LLC/CITY OF VIRGINIA BEACH at South Independence Boulevard and Princess Anne Road DISTRICT 1 — CENTERVILLE: a. Modification of Proffers of a Change of Zoning (approved on February 8, 2011) b. Conditional Use Permit re senior and disabled housing 7. Application of RODNEY PRICE/DAM NECK CROSSING, LLC for a Conditional Use Permit re motor vehicle (truck and trailer) rentals at 1630 General Booth Boulevard DISTRICT 7 — PRINCESS ANNE 8. Applications of KOCH DEVELOPMENT CO./SEA ESCAPE CORPORATION at 1701 Atlantic Avenue DISTRICT 6 — BEACH a. Special Exception for Alternative Compliance to the Oceanfront Resort District Form - Based Code. b. Conditional Use Permit for outdoor recreation 9. Application of RONALD W. and GWENDOLYN L. DODSON for a Conditional Change of Zoning from R-7.5 Residential to Conditional R -5D Residential for development of single-family dwellings and to "preserve a historic oak tree" at 1652 and 1658 Kempsville Road DISTRICT 1— CENTERVILLE May 27, 2014 -7- 10. Application of OCEANSIDE BUILDING/SHARON CAREY for a Conditional Change of Zoning from R-15 Residential to Conditional R-10 Residential at 4157 Indian River Road re development of single-family dwellings DISTRICT 7 — PRINCESS ANNE 11. Application of MICHAEL D. SIFEN, INC./KIM GORDON HICKMAN, HICKMAN PLANTATION SHOPPES, LLC, DOUGLAS C. and GLORIA J. BOND HICKMAN and MARY HUNTER HICKMAN for a Conditional Change of Zoning from R-20 Residential to Conditional B-2 Community Business to be conducted at the "Hickman Historic House" at 2176, 2180, 2208 General Booth Boulevard DISTRICT 7 — PRINCESS ANNE ITEM #2 WILL BE DEFERRED TO JULY 8, 2014 ITEM #8 WILL BE DEFERRED INDEFINATELY ITEM #10 WILL BE CONSIDERED SEPARATELY COUNCILMAN MARTIN WILL ABSTAIN ON ITEM #11 May 27, 2014 -8- ITEM#63816 Vice Mayor Louis R. Jones, entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A) (1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY -HELD PROPERTY: Discussion or consideration of the acquisition of real property for public purpose; or of the disposition of publicly -held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of City Property: Lynnhaven District May 27, 2014 -9 - ITEM# 63816(Continued) Upon motion by Councilman Dyer, seconded by Council Lady Ross -Hammond, City Council voted to proceed into CLOSED SESSION at 5:22 P.M. Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. James L. Wood (Closed Session 5:22 P.M. 5:43 P.M.) May 27, 2014 -10 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL MAY27, 2014 6:00 P.M. Vice Mayor Louis R. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, May 27, 2014, at 6:00 P.M. Council Members Present: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Absent: Mayor William D. Sessoms, Jr. James L. Wood INVOCATION: Reverend Cheston Holomon Pastor, St. Johns Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions 11 handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. May 27, 2014 -11 - Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Towne Realty ("Prudential"). Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identfing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson 's letter of August 13, 2013, is hereby made a part of the record. May 27, 2014 Item -V-E CERTIFICATION -12- ITEM #63817 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Absent: Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #63816 Page 9, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. 1-'6) ✓Y�- Ruth Hodges Fraser, _ MC v 5 City Clerk ` May 27, 2014 Item -V-F.1 MINUTES -13- ITEM #63818 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of May 13, 2014. Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Absent: Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 I -14- ADOPT AGENDA FOR FORMAL SESSION ITEM #63819 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION May 27, 2014 1 -15- Item -V-H.1 PUBLIC HEARING ITEM #63820 Vice Mayor Jones DECLARED A PUBLIC HEARING: LEASE OF CITY -OWNED PROPERTY 5694 Wesleyan Drive There being no speakers, Vice Mayor Jones CLOSED THE PUBLIC HEARING. May 27, 2014 Item -V-I ORDINANCES/RESOLUTIONS -16- ITEM #63821 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED, IN ONE MOTION, BY CONSENT, Items 1, 2, 3, 4, 5, 6a/b, 7, 8, 9, 10a/b/c/d/e/f/g/h/i/j, 11(DEFER TO JUNE 17, 2014), 12a/b and 13a/b/c/d/e/f/g of the CONSENT AGENDA, composed of Ordinances, Resolutions and the Planning Applications. Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 Item -V-I.1 ORDINANCES/RESOLUTIONS -17- ITEM #63822 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND Section 2-7 of the City Code re the Office of Volunteer Resources Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 REQUESTED BY CITY COUNCIL 1 AN ORDINANCE TO AMEND SECTION 2-7 2 OF THE CITY CODE PERTAINING TO THE 3 OFFICE OF VOLUNTEER RESOURCES 4 5 Section Amended: § 2-7 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 2-7 of the Virginia Beach City Code is hereby amended and 11 reordained to read as follows: 12 13 Sec. 2-7. Office of volunteer resources; director. 14 15 The office of volunteer resources shall promote volunteerism within city 16 governmental agencies to enhance the economic, educational, social and physical 17 quality of the community and to support municipal services valued by citizens of the city. 18 The city council shall appoint a director of the office of volunteer resources, who shall 19 serve at the pleasure of the city council and shall provide leadership 20 and guidance for coordinate the programs and activities of the office of volunteer 21 resources and volunteers of the city. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 7th day of May , 2014. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA13021 R-3 May 21, 2014 Item -V-I.2 ORDINANCES/RESOLUTIONS -18- ITEM #63823 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Resolution to APPOINT Father James Parke as the City Council appointed Director of the Office of Volunteer Resources Voting: 9-0 Council Members Voting Aye: Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 REQUESTED BY CITY COUNCIL 1 A RESOLUTION TO APPOINT FATHER JAMES PARKE AS 2 THE DIRECTOR OF THE CITY OF VIRGINIA BEACH 3 OFFICE OF VOLUNTEER RESOURCES 4 5 WHEREAS, Father James E. Parke ("Father Parke") is a retired priest with 6 almost fifty years of dedicated service in various capacities, including serving the 7 parishioners of Church of the Ascension and Church of the Holy Apostles, both of which 8 are in the City of Virginia Beach; 9 10 WHEREAS, Father Parke was appointed to the Virginia Beach Human Rights 11 Commission in 2008 and currently serves as the Commission's chair; 12 13 WHEREAS, Father Parke has expressed a willingness to continue to serve the 14 community through the Office of Volunteer Resources; 15 16 WHEREAS, Father Parke has demonstrated throughout his career the 17 compassionate leadership and interpersonal skills that are needed for the position of 18 Director of the Office of Volunteer Resources; and 19 20 WHEREAS, pursuant to City Code § 2-7, the Director of the Office of Volunteer 21 Resources is appointed by City Council and serves at the Council's pleasure. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA, THAT: 25 26 Father James E. Parke is hereby appointed to serve as the Director of the Office 27 of Volunteer Resources, and for time and expenses related to his service in this 28 position, Father Parke shall be provided a monthly stipend in the amount of $500. Adopted by the Council of the City of Virginia Beach, Virginia, on the 27th day of May , 2014. APPROVED AS TO LEGAL SUFFICIENCY: ttorney's ffice CA13019 R-1 May 15, 2014 Item -V-I.3 ORDINANCES/RESOLUTIONS -19- ITEM #63824 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the FY 2013-14 Operating Budget of Housing and Neighborhood Preservation Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent. Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 1 AN ORDINANCE TO AMEND THE FY 2013-14 2 OPERATING BUDGET OF THE DEPARTMENT OF 3 HOUSING AND NEIGHBORHOOD PRESERVATION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 The Department of Housing and Neighborhood Preservation's FY 2013-14 Operating 9 Budget is hereby modified in the amounts and purposes set forth below: 10 11 1. $210,214 is hereby appropriated for rental assistance programs (Housing Choice 12 Voucher), with federal revenue increased accordingly; 13 14 2. 210,000 is hereby appropriated for rental assistance programs, with specific fund 15 reserves revenue increased accordingly; 16 17 3. $41,878 is hereby appropriated from Community Development Block Grant 18 program funds, with federal revenue increased accordingly; and 19 20 4. $90,509 is hereby appropriated from HOME program funds, with federal revenue 21 increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia, on the of May , 2014. 27ttiday Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: ,h Budget d M nagement Services CA13008 R-1 May 6, 2014 APPROVED AS TO LEGAL SUFFICIENCY: 0 ice Item -V-I.4 ORDINANCES/RESOLUTIONS -20- ITEM #63825 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Resolution to DIRECT Staff to take certain actions re the development of a major sports and entertainment arena Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 1 A RESOLUTION DIRECTING STAFF TO 2 TAKE CERTAIN ACTIONS REGARDING THE 3 DEVELOPMENT OF A MAJOR SPORTS AND 4 ENTERTAINMENT ARENA 5 6 WHEREAS, on November 8, 2013, the City of Virginia Beach (the "City") 7 received an unsolicited conceptual proposal under the Virginia Public-Private Education 8 Facilities and Infrastructure Act (the "PPEA") and PPEA Guidelines adopted by City 9 Council (the "Guidelines") from the W.M. Jordan Company ("W.M. Jordan") for the 10 development of a major sports and entertainment arena adjacent to the Virginia Beach 11 Convention Center (the "W.M. Jordan Proposal"); 12 13 WHEREAS, City Council directed City staff to accept the W.M. Jordan Proposal 14 and solicit competing proposals for a period of ninety (90) days; 15 16 WHEREAS, on February 17, 2014, the City received a competing conceptual 17 proposal from United States Management ("USM") for the development of an arena 18 adjacent to the Virginia Beach Convention Center (the "USM Proposal" and, collectively 19 with the W.M. Jordan Proposal, the "Proposals"); 20 21 WHEREAS, on February 25, 2014, City Council informally directed staff to accept 22 the USM Proposal, to form a Citizen's Communication Committee to gather input from 23 the community on the Proposals (the "Citizen's Committee"), and to begin evaluating 24 the Proposals; 25 26 WHEREAS, on May 13, 2014, City staff reported its initial findings to City Council 27 regarding the viability of the Proposals; and 28 29 WHEREAS, City Council is of the opinion that the development of a draft term 30 sheet with USM will assist in quantifying the required public participation to construct 31 and operate a privately financed arena. 32 33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 34 OF VIRGINIA BEACH, VIRGINIA: 35 36 That City Council hereby directs City staff as follows: 37 38 1) pursue negotiations with USM towards the development of a draft term sheet 39 for the construction and operation of a privately financed arena adjacent to the Virginia 40 Beach Convention Center, which term sheet will be presented to City Council for action 41 on a future date; 42 43 2) hold the PPEA process and the W.M. Jordan Proposal in abeyance pending 44 the outcome of further negotiations with USM; 45 3) prepare a report determining the scope and cost of public infrastructure 46 improvements needed for the development of an arena adjacent to the Virginia Beach 47 Convention Center; and 48 49 4) continue involvement of the Citizen's Committee in the process of 50 development of an arena. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 7 t hday 53 of May , 2014. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT Manager's Office Department of Finance APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA13020 \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\W pdocs\D014\P018\00128401. docx R-1 May 16, 2014 Item -V-I.5 ORDINANCES/RESOLUTIONS -21- ITEM #63826 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT a Mine -Resistant Ambush Protected Vehicle re the SWAT program Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 1 2 AN ORDINANCE TO ACCEPT A MINE -RESISTANT AMBUSH PROTECTED VEHICLE 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA, THAT: 5 6 A donation of a Mine -Resistant Ambush Protected (MRAP) vehicle from the 7 Federal Law Enforcement Support Office program is hereby accepted to further the 8 Police Department's SWAT program. Adopted by the Council of the City of Virginia Beach, Virginia on the 2 7 t h day of May 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services CA13023 R-1 May 16, 2014 Item -V-L6a ORDINANCES/RESOLUTIONS -22- ITEM #63827 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE the City Manager to EXECUTE: a. Agreement with The Chesapeake Bay Foundation, Inc. re construction, dedication of parking spaces, a pedestrian path and related improvements located along Winston Place Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AN AGREEMENT 3 BETWEEN THE CITY OF VIRGINIA BEACH AND THE 4 CHESAPEAKE BY FOUNDATION, INC. FOR 5 CONSTRUCTION AND DEDICATION OF PARKING 6 SPACES, A PEDESTRIAN PATH AND RELATED 7 IMPROVEMENTS TO BE LOCATED ON CITY 8 PROPERTY ALONG WINSTON PLACE 9 10 WHEREAS, the City of Virginia Beach (the "City") and The Chesapeake Bay 11 Foundation, Inc. ("CBF") desire to enter into an agreement (the "Agreement") for the 12 construction of parking spaces, a pedestrian path and related improvements (the 13 "Improvements") in connection with the environmental center CBF is constructing on its 14 property located at Pleasure House Point; 15 16 WHEREAS, the Improvements would be located on City property along Winston 17 Place between E. Stratford Road and Loch Haven Crescent; 18 19 WHEREAS, the Improvements would be available for both the public and 20 employees and invitees of CBF to use; 21 22 WHEREAS, CBF would be responsible for all construction costs related to the 23 Improvements, and the City would have no responsibility for construction costs related 24 to the Improvements; and 25 26 WHEREAS, upon completion of construction, CBF would dedicate the 27 Improvements to the City. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 That the City Manager or his designee is hereby authorized and directed to 33 execute an Agreement between the City of Virginia Beach and Chesapeake Bay 34 Foundation, Inc. for the construction and dedication of parking spaces, a pedestrian 35 path and related improvements, in accordance with the Summary of Terms attached 36 hereto as Exhibit A and made a part hereof, and such other terms, conditions or 37 modifications as may be acceptable to the City Manager and in a form deemed 38 satisfactory by the City Attorney. 39 27th 40 Adopted by the Council of the City of Virginia Beach, Virginia on the day 41 of May ,2014. Approved as to tent: Dept. o Parks and Recreation Approved as to Content: x,V,zrkfDept. of Public Works Approved as to Content: Approved as to Legal Sufficiency: LUW Q. LhAvt) Public Utilities ' ( City Attorney's Office CA12956 . 1\vbgov.comlDFS11ApplicationslCityLawProdlcycom321W pdacs\D0251P017100124714.DOC May 14, 2014 . R-1 EXHIBIT A SUMMARY OF TERMS PARTIES: City of Virginia Beach (the "City") The Chesapeake Bay Foundation, Inc. ("CBF") PURPOSE: To memorialize the rights and responsibilities of each party with respect to the construction and dedication of approximately 27 parking spaces, a pedestrian path and related improvements (the "Improvements") to be located on City -owned property located along Winston Place between E. Stratford Road and Loch Haven Crescent. RIGHTS AND RESPONSIBILITIES OF CBF: • Cause the design plans to be prepared and approved for the Improvements. • Obtain all permits and inspections necessary for construction of the Improvements. • Complete construction of the Improvements in good and workman -like manner. • Pay for all construction costs related to the Improvements. • Dedicate the Improvements to the City with written acceptance by the City. • Maintain insurance during construction of the Improvements. • Indemnify and hold the City harmless from any damages to person or property during construction of the Improvements, and the costs associated with construction including, without limitation, violations of environmental laws. • Has the right to maintain its directional sign. RIGHTS AND RESPONSIBILITIES OF CITY: • No responsibility for construction costs related to the Improvements. • Provide written acceptance of Improvements upon completion. • Will retain sole discretion to relocate the Improvements at City's expense. OTHER TERMS AND CONDITIONS: • The agreement contains no provision for repair, maintenance or replacement of the Improvements once they become City property. 2 0 in (=OE c. 0 "Dc,„....z.„,,,,,..„...- cD .,_. i Lo -0- — -c, 0 ..r r-, < c° c < co I 2 .,-- CD.4 - CF) Z tr) o kt; 40 . —. ' — 17...... es) • cr) IR* cO o 1 91 ct it.„,„„ D,...., CZ in I. C I ',•.,-, co < 0_ cc) Ct co _. a).-.'' 647 E— co 1.1-1 -, ---,------_,- -_,:4-2 CO Lo -4" • 0- • gor) • TD Cc:33 4 LT- ('-) g) El r-- e 7a 111.ra. 0 cm 0 3 rt co (.13 C,1 0 Q- (C/ • • PEDESTRIAN PATH & RELATED IMPROVEMENTS 1 4894768080000 Item -V-L 6b ORDINANCES/RESOLUTIONS -23- ITEM #63828 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE the City Manager to EXECUTE: b. Lease with Ebenezer Baptist Church re additional parking at 5694 Wesleyan Drive Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent.• Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 I 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR FIVE 3 YEARS OR LESS WITH EBENEZER BAPTIST 4 CHURCH FOR THE USE OF CITY -OWNED 5 PROPERTY LOCATED AT 5694 WESLEYAN DRIVE 6 (GPIN: 1468-15-2253) 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 9 certain 2.3 +/- acre parcel of undeveloped land located at 5694 Wesleyan Drive 10 and more particularly described on Exhibit "A" attached hereto (the "Premises"); 11 12 WHEREAS, Ebenezer Baptist Church (the "Church") has requested to 13 lease the Premises for $1.00 per year, and will perform all required maintenance; 14 15 WHEREAS, the Church engages in many civic activities, including, but not 16 limited to, serving as an election location, providing dental care to the needy, and 17 providing financial literacy programs for citizens of the City; 18 19 WHEREAS, the Church desires to use the Premises in order to provide 20 additional parking for its patrons; 21 22 WHEREAS, the Church would like to enter into a formal lease with the 23 City for the Premises pursuant to the Summary of Terms attached hereto as 24 Exhibit "B"; and 25 26 WHEREAS, the Premises will be utilized for additional parking and for no 27 other purpose. 28 29 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA: 31 32 That the City Manager is hereby authorized to execute a lease for a term 33 of one (1) year, with the option to renew for four (4) one-year terms, between the 34 Church and the City, for the Premises in accordance with the Summary of Terms 35 attached hereto and such other terms, conditions or modifications as may be 36 deemed acceptable by the City Manager and in a form deemed satisfactory by 37 the City Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia on the 27th 40 day of May , 2014. CA12783 5/16/2014 R-1 \\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\Wpdocs\D008\P024\00127490.DOC APPROVED AS TO LEGAL SUFFICIENCY AND FORM �Q At rney APPROVED AS TO CONTENT Facilities M agement/ ublic Works Exhibit "A" 5694 Wesleyan Drive (the "Premises") ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, Tying and being in the City of Virginia Beach, Virginia and being known, numbered and designated as "GPIN: 1468-15- 2253 PARCEL A M.B. 169 PG. 15 CITY OF VIRGINIA BEACH D.B. 2936 PG. 2186," and further described as "RESIDUAL PARCEL AREA 102,845 SQ.FT. 2.361 ACRES," as shown on that certain plat entitled, "PLAT SHOWING RIGHT-OF-WAY AND EASEMENT HEREBY ESTABLISHED ON THE PROPERTY OF CITY OF VIRGINIA BEACH FOR WESLEYAN DRIVE IMPROVEMENTS CIP 2-145, PWCN 09-0381 VIRGINIA BEACH, VIRGINIA," Scale: 1" — 30', dated April 14, 2011, prepared by NXL, which plat was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as instrument Number 20110727000757000, to which reference is made for a more particular description. IT BEING the same property conveyed to the City of Virginia Beach by Deed from Campus East Associates, Inc., dated August 21, 1990 and recorded in the aforesaid Clerk's Office in Deed Book 2936, at page 2186. EXHIBIT "B" SUMMARY OF TERMS LESSOR: City of Virginia Beach ("City") LESSEE: Ebenezer Baptist Church (the "Church") PREMISES: 5694 Wesleyan Drive (GPIN: 1468-15-2253), consisting of approximately 2.3 acres TERM: June 1, 2014, through May 31, 2015, with 4 one-year renewal options RENT: $1.00 per year RIGHTS AND RESPONSIBILITIES OF LESSEE: • Will use the Premises for additional parking to serve Church patrons. • Entry from Baker Road is prohibited. Entry shall only be from the entrance on Wesleyan Drive, east of the intersection of Wesleyan Drive and Baker Road. • Will keep, repair, and maintain the Premises at its expense. • 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. Lessee shall provide a certificate evidencing the existence of such insurance. • Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the lease. • Will indemnify the Lessor against all claims, liabilities, damages, losses or expenses as a result of the Lessee's use of the Premises. TERMINATION: The City may terminate the lease at any time without cause upon thirty (30) days' written notice. Item -V-I.7 ORDINANCES/RESOLUTIONS -24- ITEM #63829 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Resolution re the ISSUANCE of a by Revenue Bond not to exceed $10,000,000 by the Joint Industrial Development Authority of Northampton County and its Incorporated Towns re the Young Men's Christian Association (YMCA) of South Hampton Roads Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 1 A RESOLUTION TO APPROVE AND CONCUR WITH 2 THE ISSUANCE BY THE JOINT INDUSTRIAL 3 DEVELOPMENT AUTHORITY OF NORTHAMPTON 4 COUNTY AND ITS INCORPORATED TOWNS OF A 5 REVENUE BOND IN AN AMOUNT NOT TO EXCEED 6 $10,000,000 FOR THE BENEFIT OF THE YOUNG 7 MEN'S CHRISTIAN ASSOCIATION OF SOUTH 8 HAMPTON ROADS, AND UPON WHICH THE CITY 9 SHALL NOT HAVE ANY PAYMENT OBLIGATION 10 11 WHEREAS, the City Council of the City ("City Council") has been advised that 12 there was described to the City of Virginia Beach Development Authority (the 13 "Authority") the plans of the Young Men's Christian Association of South Hampton 14 Roads, a Virginia non -stock, non-profit corporation ("YMCA" or the "Borrower") the 15 principal business address of which is 920 Corporate Lane, Chesapeake, Virginia, for 16 the issuance by the Joint Industrial Development Authority of Northampton County and 17 its Incorporated Towns (the "Northampton Authority") of its Revenue Bond in an 18 aggregate principal amount not to exceed $10,000,000 (the "Bond"), to assist the 19 Borrower in (a) constructing and equipping a YMCA family center and related athletic 20 and recreational facilities (the "Project") to be located on an approximately ten (10) acre 21 parcel at the northeast corner of Dam Neck Road and Landstown Road in the City of 22 Virginia Beach, Virginia (the "City"), and (b) paying the cost of issuing the Bond; 23 24 WHEREAS, the Council has been advised that the Northampton Authority held a 25 public hearing with respect to the Bond, as required by the Industrial Development and 26 Revenue Bond Act (Title 15.2, Chapter 49 of the Code of Virginia of 1950), as amended 27 (the "Act"), and the Internal Revenue Code of 1986, as amended (the "Code"), on May 28 12, 2014, and that the Northampton Authority adopted an approving resolution (the 29 "Northampton Authority Resolution") with respect to the Bond on that date, and that the 30 Northampton County Board of Supervisors approved the Northampton Authority's 31 issuance of the Bond at its meeting held on May 13, 2014, in accordance with the Act 32 and the Code; 33 34 WHEREAS, because the Project is located entirely within the boundaries of the 35 City, (i) Section 15.2-4905 of the Act requires that City Council concur with the adoption 36 of the Northampton Authority Resolution as a condition precedent to the Northampton 37 Authority's issuance of the Bond, and (ii) the Code requires that the highest elected 38 governmental officials of the City approve the issuance of the Bond as a condition 39 precedent to the treatment of the interest on the Bond as exempt from federal income 40 taxation; 41 42 WHEREAS, City Council has been advised that the Authority held a public 43 hearing with respect to the Bond on May 20, 2014, and adopted a resolution on that 44 date recommending that City Council concur with the Northampton Authority 45 Resolution; and 46 WHEREAS, a reasonably detailed summary of the comments expressed at the 47 Authority's public hearing with respect to the Bond, a statement in the form prescribed 48 by Section 15.2 4907 of the Act, and a copy of the Authority's resolution recommending 49 that the City Council approve and concur with the issuance of the Bond have been filed 50 with the City Council. 51 52 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 53 OF VIRGINIA BEACH: 54 55 1. That City Council approves and concurs with the issuance of the Bond by 56 the Northampton Authority to the extent required by the Code and the Act. 57 58 2. That approval of and concurrence with the issuance of the Bond, as 59 required by the Code and the Act, does not constitute an endorsement to a prospective 60 purchaser of the Bond or the creditworthiness of the Borrower, and the Bond shall 61 provide that the City shall not be obligated to pay the Bond or the interest thereon or 62 other costs incident thereto and neither the faith or credit nor the taxing power of the 63 Commonwealth of Virginia or the City shall be pledged thereto. 64 65 3. That this resolution shall take effect immediately upon its adoption. 66 67 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 27th 68 day of May, 2014, by vote as set forth on Exhibit A attached hereto. APPROVED AS TO CONTENT: asv� Economic Development CA12957 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\0016\P018\00129001.doc R-1 May 19, 2014 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney I EXHIBIT A NAME MAYOR WILLIAM D. SESSOMS, JR. VICE MAYOR LOUIS R. JONES ROBERT M. DYER BARBARA M. HENLEY SHANNON DS KANE BRAD MARTIN JOHN D. MOSS AMELIA N. ROSS-HAMMOND JOHN E. UHRIN ROSEMARY WILSON JAMES L. WOOD VOTE 1 i� VIRGINIA BEACH! May 20, 2014 The Honorable William D. Sessoms, Jr., Mayor Members of City Council Municipal Center Virginia Beach, Virginia 23456 Re: Concurring the issuance of Revenue Bonds by the Joint Industrial Development Authority of Northampton County and its Incorporated Towns ("Northampton County") for Young Men's Christian Association of South Hampton Roads in connection with the Princess Anne Family YMCA at Landstown Commons Dear Mayor Sessoms and Members of Council: We submit the following in connection with Young Men's Christian Association of South Hampton Roads Princess Anne Family YMCA project located at 3789 Dam Neck Road (GPIN: 1484-79-2884) and 2121 Landstown Road (GPIN: 1484-79-2434) , in the City of Virginia Beach, Virginia. 1. Evidence of publication of notice of hearing is attached as Exhibit A, and a summary of the statements made at the public hearing is attached as Exhibit B. 2. The City of Virginia Beach Development Authority's (the "Authority's") resolution recommending Council's approval is attached as Exhibit C. 3. The statement of the Authority's reasons for its approval of the issuance of the bonds as a benefit for the City of Virginia Beach and its recommendation that the City Council approve the bonds described above is attached as Exhibit D. 4. The Fiscal Impact Statement is attached as Exhibit E. 5. A summary sheet setting forth the type of issue, and identifying the project and the principals of the applicant is attached as Exhibit F. 6. A letter from the Department of Economic Development commenting on the project is attached as Exhibit G. 7. An Inducement Resolution from Northampton County is attached as Exhibit H. 8. The Disclosure Statement is attached as Exhibit I. 222 Central Park Ave, Suite 1000 • Virginia Beach, Virginia 23462 • ph 757,385.6464 or 800.989,4567 • fox 757499.989i The Honorable William D. Sessoms, Jr., Mayor Members of City Council May 20, 2014 Page 2 ery truly yours, JWR/AWS Enclosures hair i hardson Ad ID 24057650 Date 04/24/2014 Time 4:53 PM EXHIBIT A NOTICE OF PUBLIC HEARING BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY ON THE APPROVAL AND CONCURRENCE BY THE CITY OF VIRGINIA BEACH WITH THE PROPOSED ISSUANCE BY THE JOINT INDUSTRIAL DEVELOPMENT AUTHORITY OF NORTHAMPTON COUNTY AND ITS INCORPORATED TOWNS OF A REVENUE BOND IN CONNECTION WITH A PLAN OF FINANCE BY THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF SOUTH HAMPTON ROADS, AND UPON WHICH THE CITY SHALL NOT HAVE ANY PAYMENT OBLIGATION Notice is hereby given that the City of Virginia Beach Development .Authority (the "Authority"), ;hose address is 222 Central Park .Avenue, Suite 1000, Virginia Beach, Virginia. will hold a public hearing, on the plan of finance of the Young Men's Christian Association of South Hampton Roais (the "Company"), whose principal place of business is located at 9920 Corporate Lane, Chesapeake, Virginia. The hearing will be for the purpose of receiving comments and hearing discussion concerning the proposed approval and con_urrence by the City. of Vi ginia Bea=h with the issuarre by the Joint Industrial Development Authority of Northampton County and its Incorporated Towns rthe "Northampton Authority" of a revenue bond to finarre a portion of the cost of constructing and equipping a YMCA family center and related athletic and recreational facilities to be Iocatad on an approxinxatefy ten acre parcel at the northeast corner of Dam Neck Roacl and Landstc n Road in Virginia Beach, Virginia ithe "Project"). The revenue bon:I to be issued Jsy the Northampton Authority for the Project %rill also pay issuance costs ani t�+ill be in an aggregate principal amount of up to 510,000,000. The Project will be owned by the Company. The public hearirg, which nay be continued or adjourned. :will be held at 8:30 a.m. on May 20. 2014, before the Authority in the large conference room at 222 Central Park Avenue. Suite 1000, Virginia Bea_h, Virginia. As required by Virginia law the revenue bond will not pledge the credit or the taxing power, as applicable, of the Authority, the Northampton Authority, the City of Virginia Beach or Northampton County or any of its irecorporat I towns. but will be payable solely from revenues, derived from the Company and other security provided by the Company. Any person interested in the plan of finance for the Project may appear and be heard at the public hearing. VP April 2 9 & May h. 2014 24057'3LO Ad shown is not actual print size EXHIBIT B SUMMARY OF PUBLIC HEARING STATEMENTS At 8:50 a.m. on May 20, 2014, the Chairman of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public hearing held in the large conference room at 222 Central Park Avenue, Suite 1000, Virginia Beach, Virginia, on the approval and concurrence by the City of Virginia Beach with the proposed issuance by the Joint Industrial Development Authority of Northampton County and its Incorporated Towns of its Revenue Bond in an amount not to exceed $10,000,000 (the "Bond") to assist the Young Men's Christian Association of South Hampton Roads (the "Borrower"), whose principal place of business is 920 Corporate Lane, Chesapeake, Virginia, in (a) constructing and equipping a YMCA family center and related athletic and recreational facilities to be located on an approximately ten acre parcel at the northeast corner of Dam Neck Road and Landstown Road in the City of Virginia Beach, Virginia, and (b) paying the cost of issuing the Bond. Kevin A. White, Esquire, of Kaufman & Canoles, P.C., Bond Counsel for the Borrower, appeared at the public hearing with Billy George, Chief Executive Officer & President of the Borrower. Mr. White explained to the Authority the nature of the transaction and the legal requirements pertaining to the governmental approval process, and the limitation of the Authority's liability with respect to the same, and invited questions from the directors of the Authority. No members of the public spoke at the public hearing in support of or opposition to the Bond and the Chairman closed the public hearing at 8:55 a.m. 13155373v2 EXHIBIT C RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY ON THE CONCURRENCE AND APPROVAL BY THE CITY OF VIRGINIA BEACH WITH THE PROPOSED ISSUANCE BY THE JOINT INDUSTRIAL DEVELOPMENT AUTHORITY OF NORTHAMPTON COUNTY AND ITS INCORPORATED TOWNS OF A REVENUE BOND FOR THE BENEFIT OF THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF SOUTH HAMPTON ROADS WHEREAS, there has been described to the City of Virginia Beach Development Authority (the Authority) the plan of the Young Men's Christian Association of South Hampton Roads (the Borrower), whose principal place of business is located at 920 Corporate Lane, Chesapeake, Virginia, for the issuance by the Joint Industrial Development Authority of Northampton County and its Incorporated Towns (the Northampton Authority) of its Revenue Bond in an aggregate principal amount not to exceed $10,000,000 (the Bond), to assist the Borrower in (a) constructing and equipping a YMCA family center and related athletic and recreational facilities (the Project) to be located on an approximately ten acre parcel at the northeast corner of Dam Neck Road and Landstown Road in the City of Virginia Beach, Virginia (the City), and (b) paying the cost of issuing the Bond; WHEREAS, the Borrower in its appearance before the Authority has (a) described the expected debt service cost savings from financing the Project with the Bond, given that the Northampton Authority is expected to be a "qualified small issuer" as defined in Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the Code), for calendar year 2014, (b) described the benefits to be derived by residents of the City from such issuance of the Bond as a "qualified tax-exempt obligation" under Section 265(b)(3) of the Code, and (c) requested that the Authority recommend to the City Council of the City (the Council) that it concur with the issuance of the Bond by the Northampton Authority in accordance with Section 15.2-4905 of the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended (the Act); and WHEREAS, a public hearing with respect to the Bond issuance has been properly noticed and held by the Authority on May 20, 2014. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. It is hereby found and determined that the issuance of the Bond and the use of the proceeds thereof in the manner described above will benefit the inhabitants of the City. 2. To assist the Borrower in such plan of finance, the Authority hereby recommends to the Council that it concur with the issuance of the Bond by the Northampton Authority in accordance with the Act and approve the issuance of the Bond as required by the Code. The Authority hereby directs the Chairman and Vice Chairman of the Authority, either of whom may act, to submit to the Council a fiscal impact statement in the form set forth under Section 15.2-4907 of the Act, a reasonably detailed summary of the comments expressed at the public hearing held at this meeting, and a copy of this resolution. 3. All costs and expenses in connection with the plan of finance described herein, including the fees and expenses of bond counsel, counsel for the Authority, counsel for the Borrower and counsel for the Bond purchaser, shall be paid from the proceeds of the Bond to the extent permitted by law or from funds of the Borrower. If for any reason the Bond is not issued, it is understood that all such fees and expenses shall be paid by the Borrower and that the Authority shall have no responsibility therefor. 4. The Authority's officers shall perform such other acts as may be required to implement its undertakings as set forth above, including, without limitation, that the Chairman, Vice Chairman, Secretary, Assistant Secretary and Treasurer, any of whom may act, are authorized and directed to execute and deliver any documents or certificates reasonably required by bond counsel or the Bond purchaser in connection with the plan of finance. 5. The Authority, including its commissioners, officers, employees, agents and counsel, shall not be liable and hereby disclaims all liability to any person for any damages, direct or consequential, resulting from the Northampton Authority's failure to issue the Bond or for any other reason. 6. The Authority has not endorsed the creditworthiness of the Borrower or the ability of the Borrower to repay the Bond. Neither the Authority nor the City shall be obligated to pay the Bond or the interest thereon or other costs incident thereto, and neither the faith or credit nor the taxing power of the City shall be pledged thereto. 7. This resolution shall take effect immediately upon its adoption. The undersigned hereby certifies that the above resolution was duly adopted by the commissioners of the City of Virginia Beach Development Authority at a meeting duly called and held on May 20, 2014, and that such resolution is in full force and effect on the date hereof. Dated: , © , 2014 13128731v2 G Secreta ,L( istant Se City ofBeach elopment Authority 2 EXHIBIT D I� VIRGINIA BEACH I JOINT INDUSTRIAL DEVELOPMENT AUTHORITY OF NORTHAMPTON COUNTY AND ITS INCORPORATED TOWN INDUSTRIAL DEVELOPMENT REVENUE BOND NOT TO EXCEED $10,000,000 FOR PRINCESS ANNE FAMILY YMCA The City of Virginia Beach Development Authority (the "Authority") recommends approval of the above -captioned financing. The financing will benefit the citizens of the City of Virginia Beach, Virginia, by providing improved educational, social and recreational facilities which promotes the health and welfare of the City's citizens. 222 Central Pork Ave, Suite 1000 • Virginio Beach, Virginio 23462 • ph 757,385,6464 or 800,989.4567 • fax 757499,9894 EXHIBIT E FISCAL IMPACT STATEMENT — City of Virginia Beach Name of Applicant: Young Men's Christian Association of South Hampton Roads Facility: Princess Anne Family YMCA 1. Maximum amount of financing sought $10,000,000* 2. Estimated taxable value of the facility's real property to be constructed in the locality $ N/A 3. Estimated real property tax per year using present tax rates $ N/A 4. Estimated personal property tax per year using present tax rates $ N/A 5. Estimated merchants capital tax per year using present tax rates $ _N/A 6. (a) Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality $ 420,000 (b) Estimated dollar value per year of goods that will be purchased from non -Virginia companies within the locality $ 0 (c) Estimated dollar value per year of services that will be purchased from Virginia companies within the locality $ 350,000 (d) Estimated dollar value per year of services that will be purchased from non -Virginia companies within the locality $ 0 7. Estimated number of regular employees on year round basis 2,300 8. Average annual salary per employee $ 38,000 * The Applicant applied for the issuance of a BQ Bond by the Joint Industrial Development Authority of Northampton County and its Incorporated Towns; this Statement is in connection with sought concurrence by City of Virginia Beach, where the financed facility will be located. Dated: May 2' , 2014 CITY OF VIRGINIA BEACH DEV . • ' _r AUTHORITY EXHIBIT F SUMMARY SHEET JOINT INDUSTRIAL DEVELOPMENT AUTHORITY OF NORTHAMPTON COUNTY AND ITS INCORPORATED TOWNS REVENUE BOND 1. PROJECT NAME: Young Men's Christian Association of South Hampton Roads Princess Anne Family YMCA ("YMCA") 2. LOCATION: 3. DESCRIPTION OF PROJECT: 4. AMOUNT OF BOND ISSUE: 3789 Dam Neck Road (GPIN: 1484-79-2884) and 2121 Landstown Road (GPIN: 1484-79-2434) Virginia Beach, VA 23456 YMCA has requested that the Joint Industrial Development Authority of Northampton County and Its Incorporated Towns (the "Issuer") issue its Revenue Bond in the amount not to exceed $10,000,000 (the "Bond") to assist YMCA in its plan to (i) construct and equip the Princess Anne Family YMCA at Princess Anne Commons in Virginia Beach, Virginia; and (ii) pay the cost of issuance of the Bond. $10,000,000 5. PRINCIPALS: see attached Schedule A. 6. ZONING CLASSIFICATION: a. Present Zoning Classification: B2 — Business District b. Is rezoning proposed? No c. If so, to what zoning classification? N/A SCHEDULE A (of Summary Statement / YMCA) [list of officers and directors] YMCA of South Hampton Roads Directors and Officers William H. George, President & Chief Executive Officers James K. Dille, Chair Steve Fuschetti, Chair Elect G. Dudley Ware, Vice Chair William K. Stulb, Treasurer Terrie Edwards, Assistant Treasurer Leslie R. Watson, Esquire, Secretary Kathy Abshire Clyde H. (Jake) Allison, Jr. Peter Bastone Steve Best Sandra F. Birdsong Everett Birdsong Robert J. Bloxom Anthony Brown Joseph H. Bushey Wynn Dixon Warren D. Harris Brian Hedgepath Dr. Doug Kennedy, CPRP Joe Kennedy Steve Mobley Rodney Oliver Bryan Olson S. Paul O'Neal John Padgett Walter Potter Steve Romine Linda Skrip Regina Tureman Todd Williams Janet Winn George "Matt" Wood, Jr. Cher Wynkoop 1 Not a member of the Board. VIRGINIA BEACH May 20, 2014 John W. Richardson, Esquire Chair Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 EXHIBIT G Department of Economic Development 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 (757) 385-6464 FAX (757) 499-9894 Website: www.vbgov.com E-mail: ecdev@vbgov.com Re: Joint Industrial Development Authority of Northampton County and its Incorporated Towns Revenue Bond in the amount not to exceed $10,000,000 for Young Men's Christian Association of South Hampton Roads Princess Anne Family YMCA (the "Bond") Dear John: The Department of Economic Development concurs with the issuance of the revenue bonds by the Joint Industrial Development Authority of Northampton County and its Incorporated Towns ("Northampton Authority") in the amount to not exceed $10,000,000 for Princess Anne Family YMCA. These funds are to be utilized to fund the development of the Princess Anne Family YMCA in Princess Anne Commons in Virginia Beach, and to pay the costs of issuance of the Bond. If you have any questions, I will be glad to discuss further at our next meeting. Sincerely, Mark R. Wawner Project Development Coordinator Virginia Beach Department of Economic Development MRW/AWS/csk 1 APPROVING RESOLUTION OF THE JOINT INDUSTRIAL DEVELOPMENT AUTHORITY OF NORTHAMPTON COUNTY AND ITS INCORPORATED TOWNS EXHIBIT H WHEREAS, there has been described to the Joint Industrial Development Authority of Northampton County and its Incorporated Towns (the Authority) the application of the Young Men's Christian Association of South Hampton Roads (the Borrower). whose principal place of business is located at 920 Corporate Lane, Chesapeake, Virginia. for the issuance by the Aathority of its Revenue Bond in an aggregate principal amount riot to exceed $10,000,000 (the Bond), to assist the Borrower in (a) constructing and equipping a YMCA family center and related athletic and recreational facilities (the Project) to he located on an approximately ten acre parcel at the northeast corner of Dam Neck Road and Landstown Road in the City of Virginia Bach. Virginia (the City). and (b) paying the cost of issuing the Bond: WI IEREAS. the Borrower has elected to proceed with a plan of finance pursuant to which the Bond will he privately placed with and held by TowneBank (the Lender). WHEREAS. the Borrower in its appearance before the Authority has described the debt service cost savings relating to the issuance of the Bond as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the Code), and has represented that the Borrower is a corporation described in Section 501(c)(3) of the Code which is exempt from federal income taxation pursuant to Section 501(a) of the Code and which is qualified to benefit from the issuance of a "qualified tax-exempt obligation" for its facilities: WHEREAS, the Borrower in its appearance before the Authority has described the benefits to he derived by residents of the Commonwealth of Virginia from the issuance of thc Bond, has described the Project's nexus of benefits to Northampton County. Virginia (the County), which is geographically proximate to the City (including, without limitation, potential employment o;)portunities for County residents in connection with the construction. equipping and operation of the Project, and ancillary community and health benefits from the Project and from the Borrower's other facilities in the region). and has requested that the Authority agree to issue the Bond pursuant to the Industrial Development and Revenue Bond Act. Chapter 49. Title 15.2. Code of Virginia of 1950, as amended (the Act), to assist the Borrower in financing the facility described above; WHEREAS. a public hearing has been properly noticed and held by the Authority, as required by the Act and Section 147(f) of the Code. on May 12, 2014: WHEREAS, there have been presented to this meeting the forms of the following documents and instruments (collectively hereinafter referred to as the Authority Documents) which the Authority proposes to execute and deliver to carry out the transactions described above; (a) Bond Purchase and Loan Agreement (the Bond Purchase .Agreement), draft dated as of May 1, 2014. among the Authority, the Borrower and the Lender, together with the Borrower's 510,000,000 promissory note (the Note) payable to the Authority, and the instrument of assignment of the Note from the Authority to the Lender: and (b) The Authority's Revenue Bond (Young Men's Christian Association of South Hampton Roads), Series 2014 (the Bond), in registered form, payable, in the principal amount and initially bearing interest all as set forth therein, WHEREAS. Section 147(f) of the Code provides that the highest elected governmental officials of the governmental units having jurisdiction over (a) the issuer of the private activity bonds and (b) the area where any facility financed with the proceeds of such bonds is located, shall approve the issuance of such bonds: WHEREAS. the Authority issues its bonds on behalf of the County, but the facility to he financed with the proceeds of thc Bond is to be located entirely within the City: the members of the Board of Supervisors of the County (the Board) constitute the highest elected government officials of. the County; arid the members of the City Council of the City (the Council) constitute the highest elected government officials of the City; and WI IEREAS. the Act provides that the Board shall within sixty (6(1) calendar days from the public hearing with respect to the Bond either approve or disapprove the issuance of the Bond. and that the issuance of the Bond is subject to the condition that the Council concur with its issuance by the Authority. NOW. THEREFORE, BE IT RESOLVED BY THE JOINT INDUSTRIAL DEVELOPMENT AUTHORITY OF NORTHAMPTON COUNTY AND ITS INCORPORATED TOWNS: 1, It is hereby found and determined that the issuance of the Bond and the use of the proceeds thereof in the manner described above is in accordance with the purposes of the Act. --) To assist the Borrower in such plan of finance, the Authority hereby agrees to 2. undertake the issuance of the Bond. 3. The Authority hereby recommends to the Board that it approve the issuance of the Bond as required by the Code and the Act. The Authority hereby directs the Chairman and Vice Chairman of the Authority. either of whom may act, to submit to the Board a fiscal impact statement in the form prescribed by Section 15.2-4907 of the Act, a reasonably detailed summary of tlie comments expressed at the public hearing held at this meeting as required by Section 15.2-4906 of the Act. and a copy of this resolution. 4. The Chairman or Vice Chairman of the Authority, either of whom may act, is it,i-eby authorized and directed to execute. and the Secretary or Assistant Secretary. either of whom may id. is authorized and directed to affix and attest the seal of the Authority, and all such officers are authorized and directed to deliver the Bond to the Lender upon the ternis p"ovidcd in the Authority Documents; provided, however, that delivery of the Bond shall not occur until the Bond has been approved by the Board and the Council. All terns of the Bond are by this reference thereto incorporated herein as a part of this resolution. 5. Concurrently with the issuance of the Bond, the Chairman or Vice Chairman of the Authority, either of whom may act, is hereby authorized and directed to execute and deliver the Authority Documents to the other parties thereto. The Authority Documents shall he in substantially the forms presented at this meeting, which are hereby approved, with such completions, omissions, insertions and changes as may he approved by the officers executing tiV.111 and counsel to the Authority, the execution thereof to constitute conclusive evidence of such approvals. 6. The officers of the Authority are hereby authorized and directed to execute and deliver all certificates and instruments, including Internal Revenue Service Form 8038, and to take all such further action as they may consider necessary or desirable in connection with the issuance and sale of the Bond and the undertaking of the plan of finance described herein. 7. The Authority hereby agrees to the recommendation of the Borrower that Kaufman & Canoles, a Professional Corporation, he appointed as bond counsel and hereby appoints such finn to supervise the proceedings and approve the issuance of the Bond. 8. All costs and expenses in connection with the financing, including the Authority's administrative fees, the fees and expenses of bond counsel, counsel for the Authority, counsel for the Borrower and counsel .for the Lender, -shall be paid from the proceeds of the Bond to the extent permitted by law, or from funds of the Borrower. If for any reason the Bond is not issued, it is understood that all such fees and expenses (other than the Authority's administrative fee, which is payable only if the Bond is issued) shall be paid by the Borrower and that the Authority shall have no responsibility therefor. 9. The Authority hereby designates the Bond as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Code for calendar year 2014. 10. This Resolution constitutes a declaration of official intent by the Authority to reimburse qualified costs related to the plan of finance described above, 11. The Authority's officers shall perform such other acts as may be required to iinplement its undertakings as set forth above. 12. The Authority, including its directors, officers, employees, agents and counsel, shall not be liable and 'hereby disclaims all liability to any person for any darnages, direct or consequential, resulting from the Authority's failure to issue the Bond or for any other reason, and the Borrower shall agee in the Bond Purchase Agreement to indemnify and hold harmless the Authority' and its directors, officers, employees and agents from and against all liabilities, claims, penalties, losses, costs and expenses in any way connected with the issuance of the Bond. 13. The Authority has not endorsed the creditworthiness of the Borrower or the ability of the Borrower to repay the Bond and the Lender or any purchaser of the Bond shall agree to purchase the Bond at its sole risk and to acknowledge that no representations of any kind have been made by the Authority. The Bond shall provide that the Authority and the County shall not he obligated to pay the Bund or the interest thereon or other costs incident thereto and that neither the faith or :credit nor the taxing power of the Commonwealth of Virginia. the County or any of its incorporated Towns shall be pledged thereto. 14. This resolution shall take effect immediately upon its adoption, but shall expire on the first anniversary of its adoption date if the Bond has not been issued before such time. The undersigned hereby certifies that the above resolution was duly adopted by the directors of the Joint Industrial Development Authority of Northampton County and its Incorporated Towns at a tneeting duly called and held on May 12, 2014, and that such resolution is in full force and effect on the date hereof. Dat 1:107741r:1 2014 u Secretary, int Industrial Development Authority of Northampton County and its Incorporated Towns 4 EXHIBIT I DISCLOSURE STATEMENT Date: May 20, 2014 Applicant: Young Men's Christian Association of South Hampton Roads Type of Application: For approval of $10,000,000 in Bank -Qualified revenue bonds to assist the Applicant in (A) constructing and equipping the Princess Anne Family YMCA in Virginia Beach (B) paying the costs of issuance of the Bond. 1. The Applicant is a Virginia corporation. 2. The Applicant will be the owner of the Project. 3. The current officers and trustees of Applicant are listed on the attached Exhibit A. Young Men's Christian Association of South Hampton Roads By�Ll !r Name: VAI l ii a� C EO Title: fy-e5%� > > � � Item -V-I.8 ORDINANCES/RESOLUTIONS -25- ITEM #63830 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Resolution re a Plan of Financing with the Development Authority for certain documents prepared in connection with such financing and AUTHORIZING the execution and delivery of the same Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 RESOLUTION APPROVING A PLAN OF FINANCING WITH THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, APPROVING CERTAIN DOCUMENTS PREPARED IN CONNECTION WITH SUCH FINANCING AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE SAME WHEREAS, the City of Virginia Beach, Virginia (the "City") desires to undertake, in connection with the City of Virginia Beach Development Authority (the "Authority"), the financing of various public facilities from time to time, including improvements to streets and roads and related infrastructure for Pacific Avenue, Laskin Road Gateway phase 1-A, Greenwich Road/Cleveland Street, Centerville Turnpike phase II, Burton Station Road phase II and phase III; energy management and heating ventilation and cooling equipment upgrades and improvements for energy consumption savings in City and public school facilities; communications infrastructure replacement phase II for dispatch stations, transmitter sites and public safety vehicles and related hardware and software; computer system replacement for tax revenue assessment and collection management; design and construction of improvements to the Bow Creek Community Recreation Center; public park infrastructure renovations and improvements; landfill capping for public landfill number two; construction of a replacement facility and related improvements for the consolidation of Old Donation Center and Kemps Landing Magnet and construction of the Town Center phase V public parking garage (collectively, the "2014 Projects"); and WHEREAS, the City further desires to achieve debt service savings by refinancing all or a portion of certain Public Facility Revenue Bonds, Series 2005A (the "Prior Bonds") previously issued by the Authority on behalf of the City to finance various public facilities; and WHEREAS, the Authority, pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended (the "Act"), under which it is created, is authorized to acquire, improve, maintain, equip, own, lease and dispose of "Authority facilities," as defined in the act, to finance or refinance such facilities, to issue its revenue bonds, notes and other obligations from time to time for such purposes and to pledge all or any part of its assets, whether then owned or thereafter acquired, as security for the payment of the principal of and interest on any such obligations; and WHEREAS, in furtherance of the purposes of the Act, the City requests the Authority's assistance through the issuance of its Public Facility Revenue Bonds, Series 2014A in the maximum principal amount of $49,400,000 and its Public Facility Refunding Revenue Bonds, Series 2014B in the maximum principal amount of $25,000,000 (collectively, the "Series 2014 Bonds") in financing the 2014 Projects, refinancing all or a portion of the Prior Bonds and paying costs of issuing the Series 2014 Bonds; and WHEREAS, the City desires to complete the financing of the 2014 Projects and refunding of the Prior Bonds within the current fiscal year ending June 30, and in furtherance of such objective, the Authority at its May 20, 2014 meeting, upon presentation of the City's proposed financing plan by representatives of the City, approved the issuance of the Series 2014 Bonds for such purposes, subject to approval of the financing plan by the City Council of the City (the "City Council"); and WHEREAS, there have been provided or made available to City Council of the City drafts of the following documents (the "Documents"), proposed in connection with the undertaking of the 2014 Projects, the refunding of the Prior Bonds and the issuance and sale of the Series 2014 Bonds, which Documents were provided to the Authority in connection with the Authority's approval: (a) Seventh Supplemental Agreement of Trust draft dated June 1, 2014 (the "Seventh Supplemental Agreement"), supplementing the Agreement of Trust dated as of September 1, 2003, as previously supplemented, including the form of the Series 2014 Bonds (collectively, the "Trust Agreement"), all between the Authority and U.S. Bank National Association (successor to Wachovia Bank, National Association), as successor trustee (the "Trustee"), pursuant to which the Series 2014 Bonds are to be issued and which is to be acknowledged and consented to by the City; (b) Sixth Supplemental Support Agreement draft dated June 1, 2014, supplementing and amending the Support Agreement dated as of September 1, 2003, as previously supplemented and amended (the "Support Agreement"), all between the Authority and the City pursuant to which the City will make annual payments to the Authority in amounts sufficient to pay the principal of and interest on the Series 2014 Bonds; (c) Preliminary Official Statement draft dated May 28, 2014, of the Authority relating to the public offering of the Series 2014 Bonds (the Preliminary Official Statement"); and (d) Continuing Disclosure Agreement draft dated June 1, 2014, the form of which is appended to the Preliminary Official Statement, pursuant to which the City agrees to undertake certain continuing disclosure obligations with respect to the Series 2014 Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The following plan for financing the 2014 Projects and refunding the Prior Bonds is hereby approved. (a) The Authority will issue the Series 2014 Bonds in a maximum aggregate principal amount not to exceed $74,400,000, of which not more than $49,400,000 will be used for the 2014 Projects and not more than $25,000,000 will be used for refunding the Prior Bonds. The Authority will use the proceeds of the Series 2014 Bonds to finance the costs of the 2014 Projects, to refund all or a portion of the Prior Bonds within the limitations set forth in paragraph (b) and Section 4(b) below and at the election of the City Manager to pay all or a portion of the costs of issuance of the Series 2014 Bonds. Pursuant to the Support Agreement, the City will make Annual Payments and Additional Payments (as each is defined in the Support Agreement) to the Authority in amounts sufficient to amortize the Series 2014 Bonds and to pay the fees or expenses of the Authority and the Trustee. The obligation of the Authority to pay principal of 2 and premium, if any, and interest on the Series 2014 Bonds will be limited to Annual Payments and Additional Payments received from the City. The Series 2014 Bonds will be secured by an assignment of the Annual Payments and certain Additional Payments due under the Support Agreement, all for the benefit of the holders of the Series 2014 Bonds. The undertaking by the City to make Annual Payments and Additional Payments will be subject to the City Council making annual appropriations in amount sufficient for such purposes. The plan of financing for the 2014 Projects shall contain such additional requirements and provisions as may be approved by the City. (b) In connection with the refunding of the Prior Bonds, the City Manager is authorized and directed to select the principal maturities of the Prior Bonds or portions of such maturities to be refunded and, working with the Authority, to cause to be called for optional redemption any such maturity or portion thereof to be redeemed prior to its stated maturity in accordance with the provisions of such bonds; provided such maturities or portions thereof selected are expected in the aggregate to provide a minimum savings of 3.0% on a net present value basis as determined by the City's financial advisor, Public Resources Advisory Group (the "Financial Advisor"). In connection with the refunding herein authorized, the City Manager, if determined necessary or appropriate in consultation with the Financial Advisor, is authorized to retain the services of independent consultants to provide verification reports (the "Verification Agent") on aspects of the refunding and is further authorized to retain the services of one or more escrow agents (the "Escrow Agent") and to enter into escrow agreements with them to the extent needed to hold portions of the proceeds of the Series 2014 Bonds, defeasance securities purchased with such proceeds and other funds as needed pending their application to refund the Prior Bonds or portions thereof selected to be refunded. 2. The City Council, while recognizing that it is not empowered to make any binding commitment to make appropriations beyond the current fiscal year, hereby states its intent to make annual appropriations in future fiscal years in amounts sufficient to make all payments due under the Support Agreement and hereby recommends that future City Councils do likewise during the term of the Support Agreement. 3. The City Manager is hereby authorized to execute the Documents, which shall be in substantially the forms provided or made available to City Council, which are hereby approved, with such completions, omissions, insertions and changes, including changes to the dates thereof, not inconsistent with this Resolution as may be approved by the City Manager, his execution to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. 4. (a) In making completions to the Support Agreement, the City Manager, in collaboration with the Financial Advisor, shall provide for Annual Payments in amounts equivalent to, and at all times sufficient to make, the payments on the Series 2014 Bonds, which shall be sold to the purchaser or purchasers thereof on terms as shall be satisfactory to the City Manager; provided for a combined sale of the Series 2014A Bonds and Series 2014B Bonds or upon a separate sale of the Series 2014A Bonds, such bonds (i) shall mature not later than December 1, 2034, (ii) have a true or "Canadian" interest cost not exceeding 4.00% (taking into account any original issue discount and premium), (iii) be sold to the purchaser or purchasers thereof at a price not less than par or 100% of the aggregate principal amount thereof and (iv) shall be subject to optional redemption beginning no later than and continuing after December 1, 3 2024, at an optional redemption price of no more than 102% of the principal amount to be redeemed plus accrued interest to the optional redemption date. (b) In the event the City Manager determines in consultation with the Financial Advisor that it is in the best interest of the City to provide for a separate sale of the Series 2014B Bonds for the refunding of the Prior Bonds, then with respect to such separately sold Series 2014B Bonds, such bonds (i) shall mature not later than the final maturity date of the Prior Bonds being refunded, (ii) have a true or "Canadian" interest cost not exceeding 3.50% (taking into account any original issue discount and premium), (iii) be sold to the purchaser or purchasers thereof at a price not less than par or 100% of the aggregate principal amount thereof and (iv) shall be subject to optional redemption beginning no later than and continuing after December 1, 2024, at an optional redemption price of no more than 102% of the principal amount to be redeemed plus accrued interest to the optional redemption date. (c) The City Manager is further authorized to approve the principal amounts, maturity schedules and interest payment dates, including determination of any serial maturities and any term maturities, for the Series 2014 Bonds and, in consultation with the Financial Advisor, to provide for the issuance of the Series 2014 Bonds in one or more series at the same time or at different times as tax-exempt or taxable obligations, with appropriate series designations, as the City Manager determines to be necessary or appropriate and in the best interest of the City. (d) The Series 2014 Bonds shall be sold by competitive bid in the principal amount determined by the City Manager, in collaboration with the Financial Advisor, and the City Manager shall receive bids and award the Series 2014 Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the limitations set forth in the paragraphs above. Following the sale of the Series 2014 Bonds, the City Manager shall file a certificate with the City Clerk setting forth the final terms of the Series 2014 Bonds. The actions of the City Manager in approving the terms of the Series 2014 Bonds shall be conclusive, and no further action shall be necessary on the part of the City Council. 5. The Preliminary Official Statement in the form provided or made available to City Council is approved with respect to the information contained therein pertaining to the City. The Preliminary Official Statement in form deemed to be "near final," within the meaning of Rule 15c2-12 of the Securities and Exchange Commission (the "Rule"), with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the City Manager is authorized to be distributed in connection with the marketing and sale of the Series 2014 Bonds. Such distribution shall constitute conclusive evidence that the City has deemed the Preliminary Official Statement to be final as of its date within the meaning of the Rule, with respect to the information therein pertaining to the City. The City Manager is authorized and directed to approve such completions, omissions, insertions and other changes to the Preliminary Official Statement that are necessary to reflect the terms of the sale of the Series 2014 Bonds, determined as set forth in paragraph 4, and the details thereof and that are appropriate to complete it as an official statement in final form (the "Official Statement") and distribution thereof to the purchaser or purchasers of the Series 2014 Bonds shall constitute conclusive evidence that the City has deemed the Official Statement final as of its date within the meaning of the Rule. 4 6. The City covenants that it shall not take or omit to take any action the taking or omission of which shall cause the Series 2014 Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code), and regulations thereunder, or otherwise cause interest on the Series 2014 Bonds to be includable in the gross income for Federal income tax purposes of the registered owners thereof under existing law. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the Unites States of America any part of the earnings derived from the investment of the gross proceeds of the Series 2014 Bonds. The City shall pay from its legally available general funds any amount required to be rebated to the United States of America pursuant to the Code. 7. To ensure compliance with federal tax law after the Series 2014 Bonds are issued, the City Manager, Director of Finance and other officers of the City are authorized and directed to apply the Post -Issuance Compliance Policies and Procedures adopted by Council on March 13, 2012 to monitor the use of the proceeds of the Series 2014 Bonds, including the use of the projects financed and refinanced with such proceeds, and to monitor compliance with arbitrage yield restriction and rebate requirements. 8. The Director of Finance is authorized to direct the City Treasurer to utilize the State Non -Arbitrage Program of the Commonwealth of Virginia ("SNAP") in connection with the investment of the proceeds of the Series 2014 Bonds, if the City Manager and the Director of Finance determine that the utilization of SNAP is in the best interest of the City. The City Council acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the SNAP Contract. 9. Any authorization herein to execute a document shall include authorization to deliver it to the other parties thereto and to record such document where appropriate. 10. All other acts of the City Manager, the Director of Finance and other officers of the City that are in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Series 2014 Bonds, the undertaking of the 2014 Projects and the refinancing of the Prior Bonds are hereby approved and ratified. 11. The City Manager is authorized and directed to cause a certified copy of this Resolution to be filed with the Authority to evidence the City Council's request for assistance and approval of the plan of financing for the 2014 Projects and refinancing of the Prior Bonds through the issuance by the Authority of the Series 2014 Bonds. 12. This Resolution shall take effect immediately. 5 Adopted by the City Council of the City of Virginia Beach, Virginia, this 27 t 1day of May, 2014. APPROVED AS TO CONTENT: Finance Department CA13012 R-1 May 15, 2014 6 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CERTIFICATE The undersigned Clerk of the City Council of the City of Virginia Beach, Virginia (the "City Council"), certifies that: 1. A meeting of the City Council was held on May 27, 2014, at the time and place established and noticed by the City Council, at which the members of the City Council were present or absent as noted below. The foregoing Resolution was adopted by a majority of the members of the City Council, by a roll call vote, the ayes and nays being recorded in the minutes of the meeting as shown below: William D. Sessoms, Jr., Mayor Louis R. Jones, Vice Mayor Robert M. Dyer Barbara M. Henley Shannon DS Kane Brad Martin John D. Moss Amelia N. Ross -Hammond John E. Uhrin Rosemary Wilson James L. Wood PRESENT/ABSENT: VOTE: AYE AYE AYE AYE AYE AYE AYE AYE AYE 2. The foregoing Resolution is a true and correct copy of such Resolution as adopted on May 27, 2014. The foregoing Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my signature and the seal of the City of Virginia Beach, Virginia, this 27th day of May, 2014. (SEAL) 4833-1034-8314.1 Cr, 61 /Clerk, City Council f the City of Virginia ` Beach, Virginia 7 I 2014 PFRB NEW MONEY PROJECT LIST Project/ Fund Number Project Name Description FY -14 PFRB Financing 2-045 Pacific Avenue Improvements This project provides for the improvements to Pacific avenue between 15th Street and 23rd street within the existing right-of-way, to include undergrounding of existing overhead utilities and public utility upgrades. In addition, new LED street lighting and traffic light signal mast arms will be installed. $428,826 2-143 Laskin Road Gateway— Phase I -A This project will initially provide streetscape and other improvements, included within the Gateway area: a new 190 -foot bridge crossing Little Neck Creek on Pinewood Road, undergrounding of all overhead utility lines, a new park, an upsized storm water drainage system, and new streetscape that includes brick pavers, LED pedestrian/street lighting, landscaping, and wide sidewalks. $4,490,023 2-401 Greenwich Road Crossover/Cleve- and St. Improvements This is the first phase of overall eastbound 1-264 interstate improvements. Relocating the existing Greenwich Road into the existing Cleveland Street/Clearfield Avenue intersection. This project will be designed and constructed in three phases. $510,957 2-409 Centerville Turnpike — Phase II This project will provide two southbound lanes on Centerville Turnpike and Jake Sears Road to Broadwindsor Lane as well as triple left turn lane at intersection of Indian River Road and Centerville Turnpike. Part of a future six -lane section of the road way. $256,113 3-140 Energy Performance Contracts This project accounts for energy performance contract in City facilities. The project includes upgrades and improvements which provide energy consumption savings. The upgrades include direct digital control systems for heating, ventilation and air-conditioning and other energy-saving equipment. $484,757 3-142 CIT -Com Infrastructure Replacement — Phase 11 Communications infrastructure including radios, computer aided dispatch workstations, transmitter sites, public safety vehicle mobile computer terminals and hardware. $4,629,173 3-200 Revenue Assessment and Collection System This project provides for a comprehensive and coordinated replacement of computer systems currently used to support tax revenue and collection. $229,728 1 2014 PFRB NEW MONEY PROJECT LIST Project/ Fund Number Project Name Description FY -14 PFRB Financing 4-505 Modernization of Bow Creek Community Rec Ctr. This project will fund the design and construction costs required to tear down and rebuild the Bow Creek Community Recreation Center and relocate certain storage facilities on the current site. $11,600,289 4-506 Parks Infrastructure Renewal and Replacement This project funds the implementation of renovations, replacements in all City signature, metro, and community parks as well as special use sites totaling 1,100 acres throughout the City. $254,693 8-003 Landfill Phase 2 Capping This project will provide a cap over the Phase I cell of landfill #2. The cap covers an area of approximately 80 acres, providing environmental protection required under Virginia Solid Waste Regulations. $1,397,496 9-085 Burton Station Road Improvements - Ph II This project will provide basic and long needed utility services and standard roadway improvements including curb and gutter, sidewalk and streetlights necessary to preserve and revitalize the existing residential community consistent with the phasing and implementation goals recommended in the adopted Burton Station/Northampton Boulevard Corridor Strategic Growth Area Implementation plan. $17,623 9-091 Burton Station Road Improvements — Ph III The purpose of this project is to provide a connection between Burton Station Road and Air Rail Drive via an extension of Tolliver Road (formerly called Golf Course Road) to provide infrastructure necessary to promote future development consistent with the phasing and implementation goals recommended in the adopted Burton Station/Northampton Boulevard Corridor Strategic Growth Area Implementation plan. $275,256 2014 PFRB NEW MONEY PROJECT LIST Project/ Fund Number Project Name Description FY -14 PFRB Financing 169 Town Center The parking garage in Block 11 of the Town Center Project is Phase V of the development. Phases I — III are complete; Phase IV approval term is expired. The garage will have 920+ parking spaces on seven levels. $20,419,202 1-103 Renovations and Replacements — HVAC Systems — Ph II This project provides resources to insure that adequate heating, cooling, and ventilation is available in school sites through projects to provide improved or upgraded HVAC systems in schools throughout the City. $2,000,000 1-233 Consolidated Old Donation Center/Kemps Landing Magnet Replacement This project is for the replacement of Old Donation Center and Kemps Landing Magnet with a consolidated facility. Old Donation Center, originally built in 1965, and Kemps Landing Magnet, built in 1957, can no longer adequately house the required instructional programs and the facilities are in need of replacement. This project will extend the useful life of the facility by 40 to 50 years. $2,405,864 TOTAL $49,400,000 3 I MUT SEVENTH SUPPLEMENTAL AGREEMENT OF TRUST Between CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY And U.S. BANK NATIONAL ASSOCIATION, as successor Trustee Dated as of June 1, 2014 TABLE OF CONTENTS Parties 1 Recitals 1 Granting Clause 1 ARTICLE I SEVENTH SUPPLEMENTAL AGREEMENT Section 1-101. Authorization of Seventh Supplemental Agreement. 2 Section 1-102. Definitions. 2 Section 1-103. Rules of Construction. 3 ARTICLE II AUTHORIZATION, DETAILS AND FORM OF SERIES 2014 BONDS Section 2-201. Authorization of Series 2014 Bonds. 4 Section 2-202. Details of Series 2014 Bonds. 4 Section 2-203. Form of Series 2014 Bonds. 5 Section 2-204. Securities Depository Provisions 5 Section 2-205. Delivery of Series 2014 Bonds. 6 ARTICLE III REDEMPTION OF SERIES 2014 BONDS Section 3-301. Redemption Date and Price. 6 Section 3-302. Selection of Series 2014 Bonds for Redemption. 7 Section 3-303. Notice of Redemption. 7 ARTICLE IV APPLICATION OF PROCEEDS OF SERIES 2014 BONDS Section 4-401. Application of Proceeds of Series 2014 Bonds. 8 ARTICLE V ESTABLISHMENT OF ACCOUNT Section 5-501. Series 2014 Project Account. 9 i Section 5-502. Series 2014B Refunding Account. 9 Section 5-503. Costs of Issuance Account. 9 ARTICLE VI SECURITY FOR SERIES 2014 BONDS Section 6-601. Security for Series 2014 Bonds. 9 ARTICLE VII MISCELLANEOUS Section 7-701. Limited on Use of Proceeds. 10 Section 7-702. Limitation of Right. 10 Section 7-703. Severability. 10 Section 7-704. Successors and Assigns. 10 Section 7-705. Applicable Law. 10 Section 7-707. Counterparts. 11 Exhibit A — Form of Series 2014A Bond A-1 Exhibit B — Form of Series 2014B Bond B-1 Exhibit C — Refunded Prior Bonds C-1 ii This SEVENTH SUPPLEMENTAL AGREEMENT OF TRUST dated as of June 1, 2014, by and between the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia (the "Authority"), and U.S. BANK NATIONAL ASSOCIATION (as successor to Wachovia Bank, National Association), a national banking association, having a corporate trust office in Richmond, Virginia, as trustee in such capacity, together with any successor in such capacity, herein called the "Trustee"), provides: WHEREAS, the Authority is a political subdivision of the Commonwealth of Virginia duly created by Chapter 643 of the Virginia Acts of Assembly of 1964, as amended (the "Act"); and WHEREAS, the Authority and the Trustee have entered into an Agreement of Trust dated as of September 1, 2003 (the "Master Agreement of Trust"), as supplemented by the First Supplemental Agreement of Trust dated as of September 1, 2003, the Second Supplemental Agreement of Trust dated as of May 1, 2005, the Third Supplemental Agreement of Trust dated as of June 1, 2007, the Fourth Supplemental Agreement of Trust dated as of May 1, 2010, the Fifth Supplemental Agreement of Trust dated as of June 1, 2012 and the Sixth Supplemental Agreement of Trust dated as of June 1, 2013 pursuant to which the Authority has agreed to issue from time to time public facility revenue bonds or notes and use the proceeds thereof to finance costs incurred in connection with certain Projects (as hereinafter defined) for the benefit of the City of Virginia Beach, Virginia (the "City); and WHEREAS, within the limitations of and in compliance with the Master Agreement of Trust, the City has requested the Authority to issue public facility revenue bonds to finance the costs of the Series 2014 Projects (as hereinafter defined) and to refund for debt service savings all or a portion of the Authority's Public Facility Revenue Bonds, Series 2005A previously issued by the Authority to assist the City in financing various public facilities; and WHEREAS, among the revenue bonds previously issued by the Authority, at the request of the City, there are currently outstanding the Authority's $94,900,000 Public Facility Revenue Bonds, Series 2005A, its $9,000,000 Taxable Public Facility Revenue Bonds, Series 2005B, its $96,835,000 Public Facility Revenue Bonds, Series 2007A, its $4,030,000 Taxable Public Facility Revenue Bonds, Series 2007B, its $17,000,000 Public Facility Revenue Bonds, Series 2010A, its $98,035,000 Public Facility Refunding Revenue Bonds, Series 2010B, its $45,450,000 Public Facility Refunding Revenue Bonds, Series 2010C, $22,580,000 Public Facility Revenue Bonds, Series 2012A, its $25,640,000 Public Facility Refunding Revenue Bonds, Series 2012B and its $20,960,000 Public Facility Revenue Bonds, Series 2013 (collectively, the "Prior Public Facility Revenue Bonds"). WHEREAS, the Authority has agreed to issue its Public Facility Revenue Bonds, Series 2014A in the aggregate principal amount of $ , and its Public Facility Refunding Revenue Bonds, Series 2014B Bonds in the aggregate principal amount of $ , with each of such Series 2014 Bonds being secured by a pledge of the revenues and receipts derived from a Support Agreement dated as of September 1, 2003, as supplemented and amended by a First Supplemental Support Agreement dated as of May 1, 2005, a Second Supplemental Support Agreement dated as of June 1, 2007, a Third Supplemental Support Agreement dated as of May 1, 2010, a Fourth Supplemental Support Agreement dated as of June 1, 2012, a Fifth Supplemental Support Agreement dated as of June 1, 2013 and a Sixth Supplemental Support Agreement dated as of June 1, 2014 (collectively, the "Support Agreement"), between the Authority and the City, and the City has agreed, subject to the annual appropriation by the Council of the City, to make annual payments that will be sufficient to pay the principal of and premium, if any, and interest on such public facility revenue bonds as the same shall become due; and WHEREAS, the Authority has taken all necessary action to make the Series 2014 Bonds, when authenticated by the Trustee and issued by the Authority, valid and binding limited obligations of the Authority and to constitute this Seventh Supplemental Agreement of Trust (the "Seventh Supplemental Agreement") a valid and binding agreement authorizing and providing for the details of the Series 2014 Bonds; NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter contained, the parties hereto agree as follows: ARTICLE I SEVENTH SUPPLEMENTAL AGREEMENT Section 1-101. Authorization of Seventh Supplemental Agreement. This Seventh Supplemental Agreement is authorized and executed by the Authority and delivered to the Trustee pursuant to and in accordance with Articles III and X of the Master Agreement of Trust. All terms, covenants, conditions and agreements of the Master Agreement of Trust shall apply with full force and effect to the Series 2014 Bonds and to the holder thereof, except as otherwise provided in this Seventh Supplemental Agreement. Section 1-102. Definitions. Except as otherwise defined in this Seventh Supplemental Agreement, words defined in the Master Agreement of Trust are used in this Seventh Supplemental agreement with the meanings assigned to them in the Master Agreement of Trust. In addition, the following words shall have the following meanings unless a different meaning clearly appears from the context: "Escrow Deposit Agreement" means the Escrow Deposit Agreement dated as of June 2014 between the Authority and the Trustee in its capacity as escrow agent for the refunding of the Refunded Prior Bonds. "Letter of Representations" shall mean the Blanket Letter of Representations dated July 11, 1997, from the Authority to the Securities Depository and any amendments thereto or successor agreements between the Authority and any successor Securities Depository with respect to the Series 2014 Bonds. Notwithstanding any provision of the Master Agreement of Trust, including Article X regarding amendments, the Trustee may enter into any such amendment or successor agreement without the consent of Bondholders. 2 "Prior Public Facility Revenue Bonds" shall have the meaning given in the fourth paragraph of the recitals to this Seventh Supplemental Agreement. "Project" or "Projects" shall have the meaning set forth in the Support Agreement. "Refunded Prior Bonds" means the maturities of the Public Facility Revenue Bonds, Series 2005A described on Exhibit C to this Seventh Supplemental Agreement. "Securities Depository" shall mean The Depository Trust Company, a corporation organized and existing under the laws of the State of New York, and any other securities depository for the Series 2014 Bonds appointed pursuant to Section 2-204, and their successors. "Series 2014 Bonds" shall mean the Authority's $ Public Facility Revenue Bonds, Series 2014A and $ Public facility Refunding Revenue Bonds, Series 2014B, authorized to be issued pursuant to this Seventh Supplemental Agreement. "Series 2014 Projects" shall mean have the meaning set forth in the Sixth Supplemental Support Agreement. "Series 2014 Project Account" shall mean the Series 2014 Project Account established in Section 4-501 of this Seventh Supplemental Agreement. "Seventh Supplemental Agreement" shall mean this Seventh Supplemental Agreement of Trust between the Authority and the Trustee, which supplements and amends the Master Agreement of Trust. "Sixth Supplemental Support Agreement" shall mean the Sixth Supplemental Support Agreement dated as of June 1, 2014 between the City and the Authority. Section 1-103. Rules of Construction. The following rules shall apply to the construction of this Seventh Supplemental Agreement unless the context otherwise requires: (a) Words importing the singular number shall include the plural number and vice versa. (b) Words importing the redemption or calling for redemption of Series 2014 Bonds shall not be deemed to refer to or connote the payment of Series 2014 Bonds at their stated maturity. (c) Unless otherwise indicated, all references herein to particular Articles or Sections are references to Articles or Sections of this Seventh Supplemental Agreement. 3 (d) The headings herein and Table of Contents to this Seventh Supplemental Agreement herein are solely for convenience of reference and shall not constitute a part of this Seventh Supplemental Agreement nor shall they affect its meaning, construction or effect (e) All references herein to payment of Series 2014 Bonds are references to payment of principal of and interest on the Series 2014 Bonds. ARTICLE II AUTHORIZATION, DETAILS AND FORM OF SERIES 2014 BONDS Section 2-201. Authorization of Series 2014 Bonds. There are hereby authorized to be issued Public Facility Revenue Bonds, Series 2014A in the aggregate principal amount of $ and Public Facility Refunding Revenue Bonds, Series 2014B in the aggregate principal amount of $ , the proceeds of which to be applied in accordance with Article IV hereof to finance the costs of the Series 2014 Projects; refund the Refunded Prior Bonds; and pay costs incident to issuing the Series 2014 Bonds. Section 2-202. Details of Series 2014 Bonds. (a) The Series 2014A Bonds shall be designated "Public Facility Revenue Bonds, Series 2014A," shall be the date of their delivery, shall be issuable only as fully registered bonds in denominations of $5,000 and integral multiples thereof and shall be numbered R-1 upward. The Series 2014A Bonds shall bear interest at rates, payable semiannually on each May 1 and November 1, beginning November 1, 2014, and shall mature in installments on May 1 in years and amounts, as follows: Year Amount Rate Year Amount Rate 2016 2024 2020 2025 (b) The Series 2014B Bonds shall be designated "Public Facility Refunding Revenue Bonds, Series 2014B," shall be the date of their delivery, shall be issuable only as fully registered bonds in denominations of $5,000 and integral multiples thereof and shall be numbered R-1 upward. The Series 2014B Bonds shall bear interest at rates, payable semiannually on each May 1 and November 1, beginning November 1, 2014, and shall mature in installments on May 1 in years and amounts, as follows: 4 Year Amount Rate Year Amount Rate 2015 2021 2016 2022 2017 2023 2018 2024 2019 2025 2020 (c) Each Series 2014 Bond shall bear interest (a) from its date, if such Series 2014 Bond is authenticated prior to the first interest payment date, or (b) otherwise from the interest payment date that is, or immediately precedes, the date on which such Series 2014 Bond is authenticated; provided, however, that if at the time of authentication of any Series 2014 Bond shall bear interest from the date to which interest has been paid. Interest shall be calculated on the basis of a 360 -day year of twelve 30 -day months. (d) Principal of the Series 2014 Bonds shall be payable to the registered holder(s) upon the surrender of Series 2014 Bonds at the corporate trust office of the Trustee in Richmond, Virginia. Interest on the Series 2014 Bonds shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Trustee on the fifteenth day of the month preceding each interest payment date; provided, however, if the Series 2014 Bonds are registered in the name of a Securities Depository or its nominee as registered holder or at the option of a registered holder(s) of at least $1,000,000 of Series 2014 Bonds, payment shall be made by wire transfer pursuant to the wire instructions received by the Trustee from such registered holder(s). If the nominal date for making any payment on the Series 2014 Bonds is not a Business Day, the payment may be made on the next Business Day with the same effect as if made on the nominal date, and no additional interest shall accrue between the nominal date and the actual payment date. Principal and interest shall be payable in lawful money of the United States of America. Section 2-203. Form of Series 2014 Bonds. The Series 2014A Bonds shall be in substantially the form set forth in Exhibit A and the Series 2014B Bonds shall be in substantially the form set forth in Exhibit B, with such appropriate variations, omissions and insertions as are permitted or required by the Master Agreement of Trust and this Seventh Supplemental Agreement Section 2-204. Securities Depository Provisions Initially, one certificate for each maturity of each Series of the Series 2014 Bonds will be issued and registered to the Securities Depository, or its nominee. The Authority has entered into a Letter of Representations relating to a book -entry system to be maintained by the Securities Depository with respect to the Series 2014 Bonds. 5 Ali; Li In the event that (a) the securities Depository determines not to continue to act as a` securities depository for the Series 2014 Bonds by giving notice to the Trustee and the Authority discharging its responsibilities hereunder or (b) the Authority, at the direction of the City, determines (1) that beneficial owners of Series 2014 Bonds shall be able to obtain certificated Series 2014 Bonds or (2) to select a new Securities Depository, then the Trustee shall, at the direction of the authority, attempt to locate another qualified securities depository to serve as Securities Depository or authenticate and deliver certificated Series 2014 Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the form provided for in Exhibit A or Exhibit B, as applicable; provided, however, that such form shall provide for interest on the Series 2014 Bonds to be payable (i) from June _, 2014 if it is authenticated prior to November 1, 2014 or (ii) otherwise from the May 1 or November 1 that is, or immediately precedes, the date on which it is authenticated (unless payment of interest thereon is in default, in which case interest on such Series 2014 Bonds shall be payable from the date to which interest has been paid). In delivering certificated Series 2014 Bonds, the Trustee shall be entitled to rely conclusively on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Series 2014 Bonds will be registerable, transferable and exchangeable as set forth in Section 204 and 205 of the Master Agreement of Trust. So long as there is a Securities Depository for the Series 2014 Bonds (A) it or its nominee shall be the registered holder(s) of the Series 2014 Bonds, (B) notwithstanding anything to the contrary in this Seventh Supplemental Agreement, determinations of persons entitled to payment of principal and interest, transfers of ownership and exchanges and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (C) the Authority and the Trustee shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (D) references in this Seventh Supplemental Agreement to registered holder(s) of the Series 2014 Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Series 2014 Bonds and (E) in the event of any inconsistency between the provisions of this Seventh Supplemental Agreement, other than those set forth in this paragraph and the preceding paragraph, and the provisions of the Letter of Representations such provisions of the Letter of Representations shall control. Section 2-205. Delivery of Series 2014 Bonds. The Trustee shall authenticate and deliver the Series 2014 Bonds when there have been filed with or delivered to it all items required by Section 303 of the Master Agreement of Trust. ARTICLE III REDEMPTION OF SERIES 2014 BONDS Section 3-301. Redemption Date and Price. Optional Redemption. The Series 2014 Bonds may not be called for redemption by the Authority except as follows. The Series 2014 Bonds maturing on or after May 1, 2025 may be 6 redeemed by the Authority, at the direction of the City, on or after May 1, 2024, in whole or in part at any time (in increments of $5,000), at a redemption price of 100% of the principal amount, or portion thereof, of Series 2014 Bonds to be redeemed plus interest accrued to the redemption date. [Mandatory Sinking Fund Redemption. Bonds maturing on May 1, are subject to mandatory sinking fund redemption on May 1 of the years and in the principal amounts thereof plus accrued interest to the redemption date, without premium, according to the following schedule:] Year Amount Section 3-302. Selection of Series 2014 Bonds for Redemption. If less than all of the Series 2014 Bonds are called for redemption, the maturities of the Series 2014 Bonds to be redeemed shall by selected by the Authority as directed by the City. If less than all of a particular maturity of the Series 2014 Bonds are called for redemption, the Series 2014 Bonds to be redeemed shall be selected by the Securities Depository or any successor securities depository pursuant to its rules and procedures or, if the book -entry system is discontinued, shall be selected by the Trustee by lot in such manner as the Trustee in its discretion may determine. The portion of any Series 2014 Bond to be redeemed shall be in the principal amount of $5,000 or some multiple thereof. In selecting Series 2014 Bonds for redemption, each Series 2014 Bond shall be considered as representing that number of Series 2014 bonds which is obtained by dividing the principal amount of such Series 2014 Bonds by $5,000. If a portion of a Series 2014 Bond shall be called for redemption, a new Series 2014 Bond in principal amount equal to the unredeemed portion thereof shall be issued to the registered owner upon the surrender thereof. Section 3-303. Notice of Redemption. The Trustee, upon being satisfied as to the payment of its expenses and upon receiving the notice of redemption from the Authority not less than 45 days prior to the redemption date, shall send notice of the call for redemption, identifying the Series 2014 Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, (a) by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to the holder of each Series 2014 Bond to be redeemed at his address as it appears on the registration books kept by the Trustee, [(b) by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to all organizations registered with the Securities and Exchange Commission as securities depositories and (c) to each nationally recognized municipal securities information repository designated as such by the Securities and Exchange Commission. In preparing and delivering such notice, the Trustee shall take into account, to the extent applicable, the prevailing tax-exempt securities industry standards and any regulatory statement of any federal or state administrative board having jurisdiction over the Authority or the tax-exempt securities industry, including Release No. 34-23856 of the Securities and 7 Exchange Commission or any subsequent amending or superseding release.] Failure to give any notice specified in (a) above, or any defect therein, shall not affect the validity of any proceedings for the redemption of any Series 2014 Bond with respect to which no such failure or defect has occurred. Failure to give any notice specified in (b) or (c) above, or any defect herein, shall not affect the validity of any proceedings for the redemption of any Series 2014 Bonds with respect to which the notice specified in (a) above is correctly given. Any notice mailed or provided herein shall conclusively be presumed to have been given whether or not actually received by any Series 2014 Bondholder. In the case of an optional redemption, the notice may state that (1) it is conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect the redemption, with the Trustee no later than the redemption date or (2) the Authority, as directed by the City, retains the right to rescind such notice on or prior to the scheduled redemption date (in either case, a "Conditional Redemption"), and such notice and optional redemption shall be of no effect if such moneys are not so deposited or if the notice is rescinded as described herein. Any Conditional Redemption in (2) above may be rescinded at any time prior to the redemption date if the Authority delivers a written direction to the Trustee directing the Trustee to rescind the redemption notice and any funds deposited with the Trustee in connection with such rescinded redemption shall be returned to the City. The Trustee shall give prompt notice of such rescission to the affected Series 2014 Bondholders. Any Series 2014 Bonds subject to Conditional Redemption where redemption has been rescinded shall remain Outstanding, and the rescission shall not constitute an Event of Default. Further, in the case of Conditional Redemption, the failure of the Authority to make funds available on or before the redemption date shall not constitute an Event of Default, and the Trustee shall give immediate notice to all organizations registered with the Securities and Exchange Commission as securities depositories or the affected Series 2014 Bondholders that the redemption did not occur and that the Series 2014 Bonds called for redemption and not so paid remain outstanding. ARTICLE IV APPLICATION OF PROCEEDS OF SERIES 2014 BONDS Section 4-401. Application of Proceeds of Series 2014 Bonds. (a) The proceeds of the Series 2014A Bonds in the amount of $ shall be deposited into the Series 2014A Project Account in the Project Fund, consisting of the good faith deposit ($ ) previously received by the City from the purchaser of the Series 2014 Bonds, and $ from proceeds of the Series 2014A Bonds. Such amount shall be transferred upon receipt by the Trustee to the Virginia State Non -Arbitrage Program unless otherwise directed by the City. (b) The proceeds of the Series 2014B Bonds in the amount of $ shall be deposited by the Trustee upon receipt under the Escrow Deposit Agreement for which the Trustee serves as escrow agent to effect the refunding of the Refunded Prior Bonds. 8 (c) The remaining balance of the Series 2014A Bonds ($ ) plus the remaining balance of the Series 2014B Bonds ($ ) shall be applied by the City to Costs of Issuance of the Series 2014 Bonds or to additional project costs. ARTICLE V ESTABLISHMENT OF ACCOUNT Section 5-501. Series 2014 Project Account. There shall be established within the Project Fund a special account entitled "Series 2014 Project Account" to be funded as specified in Section 4.401. Money in the Series 2014 Project Account shall be used in accordance with the provisions of Section 503 of the Master Agreement of Trust to pay or reimburse 2014 Project costs. Section 5-502. Series 2014B Refunding Account. There shall be established a special account entitled "Series 2014B Refunding Account." The portion of the proceeds of the Series 2014B Bonds specified in Section 4.401(b) shall be deposited by the Trustee under the Escrow Deposit Agreement and accounted for within such refunding account. Section 5-503. Costs of Issuance Account. There is hereby established in the Project Fund a "Series 2014 Bond Costs of Issuance Account" into which the proceeds of the Series 2014A Bonds and Series 2014B Bonds specified in Section 4-401(c) shall be deposited. Such account will be used to pay issuance costs of the Series 2014 Bonds or applied to pay or reimburse 2014 Project or capital costs. ARTICLE VI SECURITY FOR SERIES 2014 BONDS Section 6-601. Security for Series 2014 Bonds. The Series 2014 Bonds shall be equally and ratably secured under the Master Agreement of Trust with the Authority's Prior Public Facility Revenue Bonds and any other series of public facility revenue bonds issued pursuant to Article III of the Master Agreement of Trust, without preference, priority or distinction of any Bonds over any other Bonds, except as provided in the Master Agreement of Trust. 9 ARTICLE VII MISCELLANEOUS Section 7-701. Limited on Use of Proceeds. The Authority intends that interest on the Series 2014 Bonds shall be excluded from gross income for Federal income tax purposes. The Authority covenants with the holders of the Series 2014 Bonds not to take any action that would adversely affect, and to take all action within its power necessary to maintain, the exclusion of interest on all Series 2014 Bonds from gross income for Federal income taxation purposes. Section 7-702. Limitation of Right. With the exception of rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Seventh Supplemental Agreement or the Series 2014 Bonds is intended or shall be construed to give to any person other than the parties hereto and the holders of Series 2014 Bonds any legal or equitable right, remedy or claim under or in respect to this Seventh Supplemental Agreement or any covenants, conditions and agreements herein contained since this Seventh Supplemental Agreement and all of the covenants, conditions and agreements hereof are intended to be and are for the sole and exclusive benefit of the parties hereto and the holders of Bonds as herein provided. Section 7-703. Severability. If any provision of this Seventh Supplemental Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof and this Seventh Supplemental Agreement shall be construed and enforced as if such illegal provision had not been contained herein. Section 7-704. Successors and Assigns. This Seventh Supplemental Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Section 7-705. Applicable Law. This Seventh Supplemental Agreement shall be governed by the applicable laws of the Commonwealth of Virginia. Section 7-706. Patriot Act Compliance. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. For a non -individual person such as a business entity, a charity, a Trust or other legal entity the Trustee will ask for documentation to verify its formation and existence as a legal entity. The Trustee may also ask to see financial statements, 10 licenses, identification, and authorization documents from individuals claiming authority to represent the entity or other relevant documentation. Section 7-707. Counterparts. This Seventh Supplemental Agreement may be executed in several counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 11 IN WITNESS WHEREOF, the Authority and the Trustee have caused this Seventh Supplemental Agreement to be executed in their respective corporate names as of the date first above written. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: U.S. BANK NATIONAL ASSOCIATION, As Trustee By: Title: Acknowledged and Consented To: CITY OF VIRGINIA BEACH, VIRGINIA, By: Title: 4841-3033-8074.3 12 EXHIBIT A Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED R-1 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Public Facility Revenue Bond, Series 2014A INTEREST RATE MATURITY DATE DATED DATE CUSIP May 1, June _, 2014 92774G REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach Development Authority, a political subdivision of the Commonwealth of Virginia (the "Authority"), for value received, hereby promises to pay upon surrender hereof at the principal corporate trust office of U.S. Bank National Association (successor to Wachovia Bank, National Association), Richmond, Virginia, as trustee, or its successor in trust (the "Trustee"), under the Agreement of Trust (as hereinafter defined) solely from the source and as hereinafter provided, to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay, solely from such source, interest hereon on each May 1 and November 1, beginning November 1, 2014 at the annual rate stated above, calculated on the basis of a 360 -day year of twelve 30 -day months. Interest is payable (a) from June, 2014, if this bond is authenticated prior to November 1, 2014, or (b) otherwise from the May 1 or November 1 that is, or immediately precedes, the date on which this bond is authenticated (unless payment of interest hereon is in default, in which case this bond shall bear A-1 interest from the day to which interest has been paid). Interest is payable by check or draft mailed to the registered owner hereof at its address as it appears on the fifteenth day of the month preceding each interest payment date on registration books kept by the Trustee; provided, however, that at the option of a registered owner of at least $1,000,000 of Bonds (as hereinafter defined), payment will be made by wire transfer pursuant to the most recent wire instructions received by the Trustee from such registered owner. If the nominal date for making any payment on this bond a Business Day (as hereinafter defined), the payment may be made on the next Business Day with the same effect as if made on the nominal date, and no additional interest shall accrue between the nominal date and the actual payment date. Principal and interest are payable in lawful money of the United States of America. "Business Day" shall mean a day on which banking business is transacted, but not including a Saturday, Sunday or legal holiday, or any day on which banking institutions are authorized by law to close in the city in the Commonwealth of Virginia in which the Trustee has its principal corporate trust office. Notwithstanding any other provision hereof, this bond is subject to book -entry form maintained by the Depository Trust Company ("DTC"), and the payment of principal and interest, the providing of notices and other matters shall be made as described in the Authority's Letter or Representations to DTC. This bond is one of an issue of $ Public Facility Revenue Bonds, Series 2014A and $ Public Facility Refunding Revenue Bonds, Series 2014B (collectively, the "Bonds"), authorized and issued pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended. The Bonds are issued under and secured by an Agreement of Trust dated as of September 1, 2003, between the Authority and the Trustee, as supplemented by a First Supplemental Agreement of Trust dated as of September 1, 2003, a Second Supplemental Agreement of Trust dated as of May 1, 2005, a Third Supplemental Agreement of Trust dated as of June 1, 2007, a Fourth Supplemental Agreement of Trust dated as of March 1, 2010, a Fifth Supplemental Agreement of Trust dated as of June 1, 2012, a Sixth Supplemental Agreement of Trust dated as of June 1, 2013 and a Seventh Supplemental Agreement of Trust dated as of June 1, 2014 (collectively, the "Agreement of Trust"). The Agreement of Trust assigns to the Trustee, as security for the Bonds, (a) the revenues and receipts derived from a Support Agreement dated as of September 1, 2003, as supplemented and amended by a First Supplemental Support Agreement dated as of May 1, 2005, a Second Supplemental Support Agreement dated as of June 1, 2007, a Third Supplemental Support Agreement dated as of May 1, 2010, a Fourth Supplemental Support Agreement dated as of June 1, 2012, a Fifth Supplemental Support Agreement dated as of June 1, 2013 and a Sixth Supplemental Support Agreement dated as of June 1, 2014 (collectively, the "Support Agreement"), each between the Authority and the City of Virginia Beach, Virginia (the "City"), and (b) the Authority's rights under the Support Agreement (except for the Authority's rights under the Support Agreement to the payment of certain fees and expenses and the rights to notices). Reference is hereby made to the Agreement of Trust for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the Authority and the Trustee, the rights of the holders of the Bonds and the terms upon which the Bonds are issued and secured. The Bonds are equally and ratably secured on a parity basis with the Authority's $94,900,000 Public Facility Revenue Bonds, Series 2005A, its $9,000,000 Taxable Public A-2 Facility Revenue Bonds, Series 2005B, its $96,835,000 Public Facility Revenue Bonds, Series 2007A, its $4,030,000 Taxable Public Facility Revenue Bonds, Series 2007B, its $17,000,000 Public Facility Revenue Bonds, Series 2010A, its $98,035,000 Public Facility Refunding Revenue Bonds, Series 2010B, its $45,450,000 Public Facility Refunding Revenue Bonds, Series 2010C, its $22,580,00 Public Facility Revenue Bonds, Series 2012A and $25,640,000 Public Facility Refunding Revenue Bonds, Series 2012B and its $20,960,000 Public Facility Revenue Bonds, Series 2013 (collectively, the "Parity Bonds"). Additional bonds secured by a pledge of revenues and receipts derived from the City under the Support Agreement on a parity with the Bonds and the Parity Bonds may be issued under the terms and conditions set forth in the Agreement of Trust. Terms not otherwise defined herein shall have the meaning assigned such terms in the Agreement of Trust. The Bonds are issued to finance the acquisition, construction and equipping of various capital improvements for the City. Under the Support Agreement, the City has agreed to make payments that will be sufficient to pay the principal of and interest on the Bonds as the same shall become due in accordance with their terms and the provisions and the terms of the agreement of Trust. The undertaking by the City to make payments under the Support Agreement does not constitute a debt of the City within the meaning of any constitutional or statutory limitation nor a liability of or a lien or charge upon funds or property of the City beyond any fiscal year for which the City has appropriated moneys to make such payments. THE BONDS AND THE INTEREST THEREON ARE LIMITED OBLIGATIONS OF THE AUTHORITY PAYABLE SOLELY FROM REVENUES AND RECEIPTS DERIVED FROM THE CITY RECEIVED BY THE AUTHORITY UNDER THE SUPPORT AGREEMENT, AND FROM CERTAIN FUNDS, AND THE INVESTMENT INCOME THEREON, HELD UNDER THE AGREEMENT OF TRUST, WHICH REVENUES, RECEIPTS AND FUNDS HAVE BEEN PLEDGED AND ASSIGNED TO SECURE PAYMENT THEREOF. THE BONDS AND INTEREST THEREON SHALL NOT BE DEEMED TO CONSTITUTE A GENERAL OBLIGATION DEBT OR A PLEDGE OF THE FAITH AND CREDIT OF THE COMMONWEALTH OF VIRGINIA OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY. NEITHER THE COMMONWEALTH OF VIRGINIA NOR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, SHALL BE OBLIGATED TO PAY THE PRINCIPAL OF OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT THERETO EXCEPT FROM THE REVENUES AND RECEIPTS PLEDGED AND ASSIGNED THEREFORE, AND NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE COMMONWEALTH OF VIRGINIA, OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT THERETO. THE AUTHORITY HAS NO TAXING POWER. No covenant, condition or agreement contained herein shall be deemed to be a covenant, agreement or obligation of any present or future director, officer, employee or agent of the Authority in its individual capacity, and neither the Chairman of the Authority nor any officer thereof executing this Bond shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. A-3 The Bonds may not be called for redemption by the Authority except as provided herein and in the Agreement of Trust. The Bonds maturing on or after May 1, 2025, may be redeemed prior to their respective maturities on or after May 1, 2024, at the option of the Authority, at the direction of the City, in whole or in part at any time at a redemption price of 100% of the principal amount, or portion thereof, of Bonds to be redeemed plus interest accrued to the redemption date. [Bonds maturing on May 1, are subject to mandatory sinking fund redemption on May 1 of the years and in the principal amounts thereof plus accrued interest to the redemption date, without premium, according to the following schedule:] Year Amount If less than all the Bonds are called for redemption, they shall be redeemed from maturities in such order as determined by the Authority, at the direction of the City. If less than all of the bonds of any maturity are called for redemption, the Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book -entry system is discontinued, shall be selected by the Trustee by lot in such manner as the Trustee in its discretion may determine. The portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof. In selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. If any of the Bonds or portions thereof are called for redemption, the Trustee shall send notice of the call for redemption, identifying the Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to the registered owner of the Bonds. Such notice may state that (1) it is conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect the redemption, with the Trustee no later than the redemption date or (2) the Authority retains the right to rescind such notice on or prior to the scheduled redemption date, and such notice and option redemption shall be of no effect if such moneys are not so deposited or if the notice is rescinded. Provided funds for their redemption are on deposit at the place of payment on the redemption date, all Bonds or portions thereof so called for redemption shall cease to bear interest on such date, shall no longer be secured by the Agreement of Trust and shall not be deemed to be Outstanding under the provisions of the Agreement of Trust. If a portion of the Bond shall be called for redemption, a new Bond in principal amount equal to the unredeemed portion hereof will be issued to DTC or its nominee upon surrender hereof, or if the book -entry system is discontinued, to the registered owners of the Bonds. The registered owner of this Bond shall have no right to enforce the provisions of the Agreement of Trust or to institute action to enforce the covenants therein or to take any action with respect to any Event of Default under the Agreement of Trust or to institute, appear in or A-4 defend any suit or other proceedings with respect thereto, except as provided in the Agreement of Trust. Modifications or alterations of the Agreement of Trust or the Support Agreement, or of any supplement thereto, may be made only to the extent and in the circumstances permitted by the Agreement of Trust. The Bonds are issuable as registered bonds in the denomination of $5,000 and integral multiples thereof. Upon surrender for transfer or exchange of this Bond at the corporate trust office of the Trustee in Richmond, Virginia, together with an assignment duly executed by the registered owner or its duly authorized attorney or legal representative in such form as shall be satisfactory to the Trustee, the Authority shall execute, and the Trustee shall authenticate and deliver in exchange, a new Bond or Bonds in the manner and subject to the limitations and conditions provided in the Agreement of Trust, having an equal aggregate principal amount, in authorized denominations, of the same series, form and maturity, bearing interest at the same rate and registered in the name or names as requested by the then registered owner hereof or its duly authorized attorney or legal representative. Any such exchange shall be at the expense of the Authority, except that the Trustee may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Trustee shall treat the registered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as holder on the first day of the month of each interest payment date. All acts conditions and things required to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed. This Bond shall not become obligatory for any purpose or be entitled to any security or benefit under the Agreement of Trust or be valid until the Trustee shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. IN WITNESS WHEREOF, the City of Virginia Beach Development Authority has caused this Bond to be signed by its Chairman, its seal to be imprinted hereon and attested by its Secretary, and this Bond to be dated the date first above written. (SEAL) Attest: Secretary CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By Chairman A-5 CERTIFICATE OF AUTHENTICATION Date Authenticated: June , 2014 This Bond is one of the Series 2014 Bonds described in the within mentioned Agreement of Trust. U.S. BANK NATIONAL ASSOCIATION, as Trustee By Authorized Officer A-6 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (please print or typewrite name and address, including zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE The within Bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer said Bond on the books kept for the registration thereof, with full power of substitution in the premises. Date: Signature Guaranteed NOTICE: Signature(s) must be guaranteed by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, Securities Broker/Dealer, Credit Union, or Savings Association who is a member of a medallion program approved by The Securities Transfer Association, Inc. A-7 (Signature of 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 enlargement or any change whatsoever. EXHIBIT B Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED R-1 $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Public Facility Refunding Revenue Bond, Series 2014B INTEREST RATE MATURITY DATE DATED DATE CUSIP May 1, June_, 2014 92774G REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach Development Authority, a political subdivision of the Commonwealth of Virginia (the "Authority"), for value received, hereby promises to pay upon surrender hereof at the principal corporate trust office of U.S. Bank National Association (successor to Wachovia Bank, National Association), Richmond, Virginia, as trustee, or its successor in trust (the "Trustee"), under the Agreement of Trust (as hereinafter defined) solely from the source and as hereinafter provided, to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay, solely from such source, interest hereon on each May 1 and Novemer 1, beginning November 1, 2014 at the annual rate stated above, calculated on the basis of a 360 -day year of twelve 30 -day months. Interest is payable (a) from June _, 2014, if this bond is authenticated prior to November 1, 2014, or (b) otherwise from the May 1 or November 1 that is, or immediately precedes, the date on which this bond is authenticated (unless payment of interest hereon is in default, in which case this bond shall bear B-1 interest from the day to which interest has been paid). Interest is payable by check or draft mailed to the registered owner hereof at its address as it appears on the fifteenth day of the month preceding each interest payment date on registration books kept by the Trustee; provided, however, that at the option of a registered owner of at least $1,000,000 of Bonds (as hereinafter defined), payment will be made by wire transfer pursuant to the most recent wire instructions received by the Trustee from such registered owner. If the nominal date for making any payment on this bond a Business Day (as hereinafter defined), the payment may be made on the next Business Day with the same effect as if made on the nominal date, and no additional interest shall accrue between the nominal date and the actual payment date. Principal and interest are payable in lawful money of the United States of America. "Business Day" shall mean a day on which banking business is transacted, but not including a Saturday, Sunday or legal holiday, or any day on which banking institutions are authorized by law to close in the city in the Commonwealth of Virginia in which the Trustee has its principal corporate trust office. Notwithstanding any other provision hereof, this bond is subject to book -entry form maintained by the Depository Trust Company ("DTC"), and the payment of principal and interest, the providing of notices and other matters shall be made as described in the Authority's Letter or Representations to DTC. This bond is one of an issue of $ Public Facility Revenue Bonds, Series 2014A and $ Public Facility Refunding Revenue Bonds, Series 2014B (collectively, the "Bonds"), authorized and issued pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended. The Bonds are issued under and secured by an Agreement of Trust dated as of September 1, 2003, between the Authority and the Trustee, as supplemented by a First Supplemental Agreement of Trust dated as of September 1, 2003, a Second Supplemental Agreement of Trust dated as of May 1, 2005, a Third Supplemental Agreement of Trust dated as of June 1, 2007, a Fourth Supplemental Agreement of Trust dated as of March 1, 2010, a Fifth Supplemental Agreement of Trust dated as of June 1, 2012, a Sixth Supplemental Agreement of Trust dated as of June 1, 2013 and a Seventh Supplemental Agreement of Trust dated as of June 1, 2014 (collectively, the "Agreement of Trust"). The Agreement of Trust assigns to the Trustee, as security for the Bonds, (a) the revenues and receipts derived from a Support Agreement dated as of September 1, 2003, as supplemented and amended by a First Supplemental Support Agreement dated as of May 1, 2005, a Second Supplemental Support Agreement dated as of June 1, 2007, a Third Supplemental Support Agreement dated as of May 1, 2010, a Fourth Supplemental Support Agreement dated as of June 1, 2012, a Fifth Supplemental Support Agreement dated as of June 1, 2013 and a Sixth Supplemental Support Agreement dated as of June 1, 2014 (collectively, the "Support Agreement"), each between the Authority and the City of Virginia Beach, Virginia (the "City"), and (b) the Authority's rights under the Support Agreement (except for the Authority's rights under the Support Agreement to the payment of certain fees and expenses and the rights to notices). Reference is hereby made to the Agreement of Trust for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the Authority and the Trustee, the rights of the holders of the Bonds and the terms upon which the Bonds are issued and secured. The Bonds are equally and ratably secured on a parity basis with the Authority's $94,900,000 Public Facility Revenue Bonds, Series 2005A, its $9,000,000 Taxable Public B-2 Facility Revenue Bonds, Series 2005B, its $96,835,000 Public Facility Revenue Bonds, Series 2007A, its $4,030,000 Taxable Public Facility Revenue Bonds, Series 2007B, its $17,000,000 Public Facility Revenue Bonds, Series 2010A, its $98,035,000 Public Facility Refunding Revenue Bonds, Series 2010B, its $45,450,000 Public Facility Refunding Revenue Bonds, Series 2010C, its $22,580,00 Public Facility Revenue Bonds, Series 2012A and $25,640,000 Public Facility Refunding Revenue Bonds, Series 2012B and its $20,960,000 Public Facility Revenue Bonds, Series 2013 (collectively, the "Parity Bonds"). Additional bonds secured by a pledge of revenues and receipts derived from the City under the Support Agreement on a parity with the Bonds and the Parity Bonds may be issued under the terms and conditions set forth in the Agreement of Trust. Terms not otherwise defined herein shall have the meaning assigned such terms in the Agreement of Trust. The Bonds are issued to finance the acquisition, construction and equipping of various capital improvements for the City and to refund certain of the Parity Bonds. Under the Support Agreement, the City has agreed to make payments that will be sufficient to pay the principal of and interest on the Bonds as the same shall become due in accordance with their terms and the provisions and the terms of the agreement of Trust. The undertaking by the City to make payments under the Support Agreement does not constitute a debt of the City within the meaning of any constitutional or statutory limitation nor a liability of or a lien or charge upon funds or property of the City beyond any fiscal year for which the City has appropriated moneys to make such payments. THE BONDS AND THE INTEREST THEREON ARE LIMITED OBLIGATIONS OF THE AUTHORITY PAYABLE SOLELY FROM REVENUES AND RECEIPTS DERIVED FROM THE CITY RECEIVED BY THE AUTHORITY UNDER THE SUPPORT AGREEMENT, AND FROM CERTAIN FUNDS, AND THE INVESTMENT INCOME THEREON, HELD UNDER THE AGREEMENT OF TRUST, WHICH REVENUES, RECEIPTS AND FUNDS HAVE BEEN PLEDGED AND ASSIGNED TO SECURE PAYMENT THEREOF. THE BONDS AND INTEREST THEREON SHALL NOT BE DEEMED TO CONSTITUTE A GENERAL OBLIGATION DEBT OR A PLEDGE OF THE FAITH AND CREDIT OF THE COMMONWEALTH OF VIRGINIA OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY. NEITHER THE COMMONWEALTH OF VIRGINIA NOR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, SHALL BE OBLIGATED TO PAY THE PRINCIPAL OF OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT THERETO EXCEPT FROM THE REVENUES AND RECEIPTS PLEDGED AND ASSIGNED THEREFORE, AND NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE COMMONWEALTH OF VIRGINIA, OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT THERETO. THE AUTHORITY HAS NO TAXING POWER. No covenant, condition or agreement contained herein shall be deemed to be a covenant, agreement or obligation of any present or future director, officer, employee or agent of the Authority in its individual capacity, and neither the Chairman of the Authority nor any officer thereof executing this Bond shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof B-3 The Bonds may not be called for redemption by the Authority except as provided herein and in the Agreement of Trust. The Bonds maturing on or after May 1, 2025, may be redeemed prior to their respective maturities on or after May 1, 2024, at the option of the Authority, at the direction of the City, in whole or in part at any time at a redemption price of 100% of the principal amount, or portion thereof, of Bonds to be redeemed plus interest accrued to the redemption date. [Bonds maturing on May 1, are subject to mandatory sinking fund redemption on May 1 of the years and in the principal amounts thereof plus accrued interest to the redemption date, without premium, according to the following schedule:] Year Amount If less than all the Bonds are called for redemption, they shall be redeemed from maturities in such order as determined by the Authority, at the direction of the City. If less than all of the bonds of any maturity are called for redemption, the Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book -entry system is discontinued, shall be selected by the Trustee by lot in such manner as the Trustee in its discretion may determine. The portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof. In selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. If any of the Bonds or portions thereof are called for redemption, the Trustee shall send notice of the call for redemption, identifying the Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to the registered owner of the Bonds. Such notice may state that (1) it is conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect the redemption, with the Trustee no later than the redemption date or (2) the Authority retains the right to rescind such notice on or prior to the scheduled redemption date, and such notice and option redemption shall be of no effect if such moneys are not so deposited or if the notice is rescinded. Provided funds for their redemption are on deposit at the place of payment on the redemption date, all Bonds or portions thereof so called for redemption shall cease to bear interest on such date, shall no longer be secured by the Agreement of Trust and shall not be deemed to be Outstanding under the provisions of the Agreement of Trust. If a portion of the Bond shall be called for redemption, a new Bond in principal amount equal to the unredeemed portion hereof will be issued to DTC or its nominee upon surrender hereof, or if the book -entry system is discontinued, to the registered owners of the Bonds. The registered owner of this Bond shall have no right to enforce the provisions of the Agreement of Trust or to institute action to enforce the covenants therein or to take any action with respect to any Event of Default under the Agreement of Trust or to institute, appear in or B-4 defend any suit or other proceedings with respect thereto, except as provided in the Agreement of Trust. Modifications or alterations of the Agreement of Trust or the Support Agreement, or of any supplement thereto, may be made only to the extent and in the circumstances permitted by the Agreement of Trust. The Bonds are issuable as registered bonds in the denomination of $5,000 and integral multiples thereof. Upon surrender for transfer or exchange of this Bond at the corporate trust office of the Trustee in Richmond, Virginia, together with an assignment duly executed by the registered owner or its duly authorized attorney or legal representative in such form as shall be satisfactory to the Trustee, the Authority shall execute, and the Trustee shall authenticate and deliver in exchange, a new Bond or Bonds in the manner and subject to the limitations and conditions provided in the Agreement of Trust, having an equal aggregate principal amount, in authorized denominations, of the same series, form and maturity, bearing interest at the same rate and registered in the name or names as requested by the then registered owner hereof or its duly authorized attorney or legal representative. Any such exchange shall be at the expense of the Authority, except that the Trustee may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Trustee shall treat the registered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as holder on the first day of the month of each interest payment date. All acts conditions and things required to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed. This Bond shall not become obligatory for any purpose or be entitled to any security or benefit under the Agreement of Trust or be valid until the Trustee shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. IN WITNESS WHEREOF, the City of Virginia Beach Development Authority has caused this Bond to be signed by its Chairman, its seal to be imprinted hereon and attested by its Secretary, and this Bond to be dated the date first above written. (SEAL) Attest: Secretary CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By Chairman B-5 I CERTIFICATE OF AUTHENTICATION Date Authenticated: June , 2014 This Bond is one of the Series 2014 Bonds described in the within mentioned Agreement of Trust. U.S. BANK NATIONAL ASSOCIATION, as Trustee By Authorized Officer B-6 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (please print or typewrite name and address, including zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE The within Bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer said Bond on the books kept for the registration thereof, with full power of substitution in the premises. Date: Signature Guaranteed NOTICE: Signature(s) must be guaranteed by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, Securities Broker/Dealer, Credit Union, or Savings Association who is a member of a medallion program approved by The Securities Transfer Association, Inc. B-7 (Signature of 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 enlargement or any change whatsoever. Bonds CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY SUMMARY OF REFUNDED PRIOR BONDS Maturity Date CUSIP Number Interest Par Rate Amount EXHIBIT C Call Date Call Price Public Facility Revenue 5/1/2016 Bonds, Series 2005A 5/1/2020 5/1/2024 5/1/2025 92774G CB9 92774G CFO 92774G CK9 92774G CL7 C-1 5.000% $4,400,000 4.000 5,355,000 4.125 5,730,000 4.250 5,960,000 $21,445,000 5/1/2015 100% 5/1/2015 100% 5/1/2015 100% 5/1/2015 100% HFp SIXTH SUPPLEMENTAL SUPPORT AGREEMENT between CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY and CITY OF VIRGINIA BEACH, VIRGINIA Dated as of June 1, 2014 NOTE: THIS SIXTH SUPPLEMENTAL SUPPORT AGREEMENT HAS BEEN ASSIGNED TO, AND IS SUBJECT TO A SECURITY INTEREST IN FAVOR OF, U.S. BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE UNDER AN AGREEMENT OF TRUST DATED AS OF SEPTEMBER 1, 2003, AS PREVIOUSLY SUPPLEMENTED AND AS FURTHER SUPPLEMENTED BY A SEVENTH SUPPLEMENTAL AGREEMENT OF TRUST DATED AS OF JUNE 1, 2014, WITH THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, AS AMENDED OR SUPPLEMENTED FROM TIME TO TIME. INFORMATION CONCERNING SUCH SECURITY INTEREST MAY BE OBTAINED FROM THE TRUSTEE AT RICHMOND, VIRGINIA. TABLE OF CONTENTS Parties 1 Recitals 1 Granting Clauses 1 ARTICLE I DEFINITIONS AND RULES OF CONSTRUCTION Section 1.1 Definitions 2 Section 1.2 Rules of Construction 3 ARTICLE II REPRESENTATIONS Section 2.1 Representations by Authority 4 Section 2.2 Representations by City 4 ARTICLE III AGREEMENT TO ISSUE BONDS Section 3.1 Agreement to Issue Series 2014 Bonds 5 ARTICLE IV PAYMENT OBLIGATIONS; MASTER SUPPORT AGREEMENT AMENDMENTS Section 4.1 Amounts Payable 5 ARTICLE V PREPAYMENT AND REDEMPTION Section 5.1 Prepayment and Redemption 6 Section 6.1 Section 6.2 Section 6.3 Section 6.4 Section 6.5 Section 6.6 Section 7.1 Section 7.2 Section 7.3 Section 7.4 Section 7.5 Section 7.6 Signatures Receipt uWG ARTICLE VI SERIES 2014 ARBITRAGE REBATE FUND Series 2014 Arbitrage Rebate Fund 6 Rebate Requirements 6 Calculation and Report of Rebate Amount 7 Payment of Rebate Amount 7 Reports by Trustee 8 Disposition of Balance in Series 2014 Arbitrage Rebate Fund 8 ARTICLE VII MISCELLANEOUS Private Activity Covenants 8 Post -Issuance Compliance 9 Severability 9 Successors and Assigns 9 Counterparts 9 Governing Law 9 10 11 Exhibit A — Schedule or Payments Exhibit B — Description of Series 2014 Projects Exhibit C — Administrative Fee Schedule ii A-1 B-1 C-1 !iJLHi THIS SIXTH SUPPLEMENTAL SUPPORT AGREEMENT dated as of June 1, 2014, by and between the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia (the "Authority"), and the CITY OF VIRGINIA BEACH, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "City"), provides: WITNESSETH: WHEREAS, the Authority is a political subdivision of the Commonwealth of Virginia duly created by Chapter 643 of the Virginia Acts of Assembly of 1694, as amended (the "Act"); and WHEREAS, the Act authorizes the Authority to acquire, improve, maintain, equip, own, lease and dispose of "Authority facilities," as defined in the Act, to finance or refinance and lease facilities for use by, among others, a city, to issue its revenue bonds, notes and other obligations from time to time for such purposes and to pledge all or any part of its assets, whether then owned or thereafter acquired, as security for the payment of the principal of and interest on any such obligations; and WHEREAS, the City desires to undertake a program of financing or refinancing the acquisition, construction and equipping of various public facilities that the City determines to undertake from time to time; and WHEREAS, in furtherance of the purposes of the Act, the City has requested the Authority to undertake one or more series of Projects (as defined in the Support Agreement, as hereinafter defined), and the Authority has determined to issue from time to time its public facility revenue bonds and to loan the proceeds thereof to the City to finance or refinance costs incurred in connection with such Projects and costs of issuing such bonds pursuant to the terms of an Agreement of Trust dated as of September 1, 2003 (the "Master Agreement of Trust"), between the Authority and U.S. Bank National Association (successor to Wachovia Bank, National Association), Richmond, Virginia, as successor trustee (the "Trustee"), as supplemented by the First Supplemental Agreement of Trust dated as of September 1, 2003, a Second Supplemental Agreement of Trust dated as of May 1, 2005, a Third Supplemental Agreement of Trust dated as of June 1, 2007, a Fourth Supplemental Agreement of Trust dated as of May 1, 2010, a Fifth Supplemental Agreement of Trust dated as of June 1, 2012, a Sixth Supplemental Agreement of Trust dated as of June 1, 2013 and a Seventh Supplemental Agreement of Trust dated as of June 1, 2014, all between the Authority and the Trustee (collectively, the "Agreement of Trust"); and WHEREAS, in furtherance of the purposes of the Act, Authority has agreed to loan from time to time proceeds of such bonds to the City, and the City has agreed to repay such loans, subject to appropriation by the City council of sufficient moneys for such purpose pursuant to a support agreement between the City and the Authority dated as of September 1, 2003 (the "Master Support Agreement"), as supplemented and amended by a First Supplemental Support Agreement dated as of May 1, 2005, a Second Supplemental Support Agreement dated as of June 1, 2007, a Third Supplemental Support Agreement dated as of May 1, 2010, a Fourth Supplemental Support Agreement dated as of June 1, 2012, and a Fifth Supplemental Support Agreement dated as of June 1, 2013; and WHEREAS, within the limitations and in compliance with the Agreement of Trust, the City has requested the Authority to issue a series of Public Facility Revenue Bonds in the aggregate principal amount of $ and a series of Public Facility Refunding Revenue Bonds in the aggregate principal amount of $ (collectively, the "Series 2014 Bonds") and to loan such proceeds to the City pursuant to the terms of this Sixth Supplemental Support Agreement to finance the cost of the Series 2014 Projects (as such term is hereinafter defined) and to refund all or a portion of the Authority's Public Facility Revenue Bonds, Series 2005A previously issued by the Authority to assist the City in financing various public facilities; and WHEREAS, all acts, conditions and things required by law to happen, exist and be performed precedent to and in connection with the execution of and entering into this Sixth Supplemental Support Agreement have happened, exist and have been performed in regular and due time and in form and manner as required by law, and the parties hereto are now duly empowered to execute and enter into this Sixth Supplemental Support Agreement; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained and other valuable consideration, the parties hereto covenant and agree as follows: ARTICLE I DEFINITIONS AND RULES OF CONSTRUCTION Section 1.1 Definitions. Unless otherwise defined in this Sixth Supplemental Support Agreement, all words used herein shall have the meanings assigned to such terms in the Agreement of Trust or the Master Support Agreement. The following words as used in this Sixth Supplemental Support Agreement shall have the following meanings unless a different meaning clearly appears from the context: "Agreement of Trust" shall mean the Agreement of Trust dated as of September 1, 2003, as previously supplemented, and as further supplemented by the Seventh Supplemental Agreement of Trust. "Basic Agreements" shall mean the Agreement of Trust and the Support Agreement. "Master Support Agreement" shall mean the Support Agreement dated as of September 1, 2003, between the Authority and the City. "Refunded Prior Bonds" shall mean the maturities of the Authority's Public Facility Revenue Bonds, Series 2005A described in the Seventh Supplemental Agreement of Trust. 2 �nD d n Series 2014 Bonds"shall mean the Authority's $ Public Facility Revenue Bonds, Series 2014A and $ Public Facility Refunding Revenue Bonds, Series 2014B, authorized to be issued pursuant to the Seventh Supplemental Agreement of Trust. "Series 2014 Projects" shall mean the financing of the acquisition, construction and equipping of all or a portion of the projects as set forth on Exhibit B. "Series 2014 Arbitrage Rebate Fund" shall mean the fund established in section 6.1 "Seventh Supplemental Agreement of Trust" shall mean the Seventh Supplemental Agreement of Trust dated as of June 1, 2014, between the Authority and the Trustee, which supplements the Agreement of Trust. "Sixth Supplemental Support Agreement" shall mean this Sixth Supplemental Support Agreement dated as of June 1, 2014, between the Authority and the City, which supplements the Master Support Agreement. "Support Agreement" shall mean the Master Support Agreement as previously supplemented and amended and as supplemented and amended by this Sixth Supplemental Support Agreement. Section 1.2 Rules of Construction. The following rules shall apply to the construction of this Sixth Supplemental Support Agreement unless the context otherwise requires: (a) Words importing the singular number shall include the plural number and vice versa. (b) Words importing the redemption or calling for redemption of Bonds shall not be deemed to refer to or connote the payment of Bonds at their stated maturity. (c) Unless otherwise indicated, all references herein to particular Articles or Sections are references to Articles or Sections of this Sixth Supplemental Support Agreement. (d) The headings herein and Table of Contents to this Sixth Supplemental Support Agreement herein are solely for convenience of reference and shall not constitute a part of this Sixth Supplemental Support Agreement nor shall they affect its meaning, construction or effect. (e) All references herein to payment of Bonds are references to payment of principal of and premium, if any, and interest on the Bonds. 3 ARTICLE II REPRESENTATIONS Section 2.1 Representations by Authority. The Authority makes the following representations: (a) The Authority is a political subdivision of the Commonwealth of Virginia duly created under the Act; (b) Pursuant to the Act, the Authority has full power and authority to enter into the Basic Agreements and to perform the transactions contemplated thereby and to carry out its obligations thereunder and by proper action has duly authorized, executed and delivered the Basic Agreements. (c) The execution, delivery and compliance by the Authority with the terms and conditions of the Basic Agreements will not conflict with or constitute or result in a default under or violation of, (1) any existing law, rule or regulation applicable to the Authority, or (2) any trust agreement, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other agreement, instrument or other restriction of any kind to which the Authority or any of its assets is subject; (d) No further approval, consent or withholding of objection on the part of any regulatory body or any official, Federal state or local, is required in connection with the execution or delivery of or compliance by the Authority with the terms and conditions of the Basic Agreements, except that no representation is made as to the applicability of any Federal or state securities laws; and (e) There is no litigation at law or in equity or any proceeding before any governmental agency involving the Authority pending or, the knowledge of the Authority, threatened with respect to (1) the creation and existence of the Authority, (2) its authority to execute and deliver the Basic Agreements, (3) the validity or enforceability of the Basic Agreements, or the Authority's performance of its obligations thereunder, (4) the title of any officer of the Authority executing the Basic Agreements, or (5) the ability of the Authority to issue and sell its bonds. Section 2.2 Representations by City. The City makes the following representations: (a) The City is a political subdivision of the Commonwealth of Virginia; (b) The City has full power and authority to enter into the Basic Agreements to which it is a party and to perform the transactions contemplated thereby and to carry out its obligations thereunder and by proper action has duly authorized, executed and delivered the Basic Agreements; 4 (c) The City is not in default in the payment of the principal of or interest on any of its indebtedness for borrowed money and is not in default under any instrument under or subject to which any indebtedness for borrowed money has been incurred, and no event has occurred and is continuing that with the lapse of time or the giving of notice, or both, would constitute or result in an event of default thereunder; (d) The City is not in default under or in violation of, and the execution, delivery and compliance by the City with the terms and conditions of the Basic Agreements to which it is a party will not conflict with or constitute or result in a default under or violation of, (1) any existing law, rule or regulation applicable to the City or (2) any trust agreement, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other agreement, instrument or restriction of any kind to which the City or any of its assets is subject, and no event has occurred and is continuing that with the lapse of time or the giving of notice, or both, would constitute or result in such a default or violation; (e) No further approval, consent or withholding of objection on the part of any regulatory body or any official, Federal, state or local, is required in connection with the execution or delivery of or compliance by the City with the terms and conditions of the Basic Agreements to which it is a party; and (f) There is no litigation at law or in equity or any proceeding before any governmental agency involving the City pending or, to the knowledge of the City, threatened with respect to (1) the authority of the City to execute and deliver the Basic Agreements to which it is a party, (2) the validity or enforceability of the Basic Agreements or the City's performance Agreements, or (3) the ability of the City to undertake the Series 2014 Projects. ARTICLE III AGREEMENT TO ISSUE BONDS Section 3.1 Agreement to Issue Series 2014 Bonds. The Authority shall contemporaneously with the execution and delivery hereof proceed with the issuance and sale of the Series 2014 Bonds bearing interest, maturing and having the other terms and provisions set forth in the Agreement of Trust. ARTICLE IV PAYMENT OBLIGATIONS; MASTER SUPPORT AGREEMENT AMENDMENTS Section 4.1 Amounts Payable. The Master Support Agreement is hereby amended to replace in its entirety the Exhibit A attached thereto with the new Exhibit A attached hereto. Pursuant to Article IV of the Master Support Agreement and subject specifically to the limitation of Section 4.4 thereof, the City shall 5 pay to the Authority or its assignee the Annual Payments specified in Exhibit A attached hereto on or before the due dates set forth in such exhibit. The Annual Payments shall be payable without notice or demand at the designated corporate trust office of the Trustee. Pursuant to the First Amendment to 2002 Support Agreement dated as of May 1, 2010 between the Authority and the City, the parties agreed to fix the Authority's administrative fee for all existing public facility revenue bonds and any public facility revenue bonds to be issued in the future in accordance with the fee schedule attached to such agreement. Such fee schedule is reproduced in Exhibit C. ARTICLE V PREPAYMENT AND REDEMPTION Section 5.1 Prepayment and Redemption. The City shall have the option to prepay an Annual Payment at the times and in the amounts as necessary to exercise its option to cause the Series 2014 Bonds to be redeemed as set forth in such Series 2014 Bonds. Such prepayments of Annual Payments shall be made at the times and in the amounts as necessary to accomplish the optional redemption of the Series 2014 Bonds as set forth in the Series 2014 Bonds. The Series 2014 Bonds shall be prepaid or redeemed in the manner and at the times set forth in the Series 2014 Bonds. Upon the exercise of such option, the City shall also pay as Additional Payments, the amounts necessary to pay the premium, if any, due on such Series 2014 Bonds on the date or dates of their redemption. The City shall give the Trustee notice of any redemption of such Series 2014 Bonds at least 15 days prior to the latest date that notice of redemption may be given pursuant to Section 402 of the Master Agreement of Trust. Such notice to the Trustee shall specify the redemption date, the principal amount of Series 2014 Bonds to be redeemed, the premium, if any, and the section of the Agreement of Trust pursuant to which such redemption is to be made. ARTICLE VI SERIES 2014 ARBITRAGE REBATE FUND Section 6.1 Series 2014 Arbitrage Rebate Fund. There is hereby established the City of Virginia Beach, Virginia, Series 2014 Public Facility Revenue Bond Arbitrage Rebate Fund (the "Series 2014 Arbitrage Rebate Fund") to be held by or on behalf of the City. Subject to the limitation in Section 4.4 of the Master Support Agreement, the City shall deposit moneys in the Series 2014 Arbitrage Rebate Fund from time to time for payment of the rebate obligations under the Code (the "Rebate Amount"). The City may establish separate accounts in the Series 2014 Arbitrage Rebate Fund for such payments. Section 6.2 Rebate Requirements. 6 4i e Except with respect to earnings on funds and accounts qualifying for any exceptions the rebate requirement of Section 148 of the Code, the City shall pay, but solely from amounts in the Series 2014 Arbitrage Rebate Fund, the Rebate amount to the United States of America, as and when due, in accordance with Section 148(f) of the code, as provided in this Article, and shall retain records of all such determinations until six years after payment of the Series 2014 Bonds. Section 6.3 Calculation and Report of Rebate Amount. (a) The City selects May 1 as the end of the bond year with respect to the Series 2014 Bonds pursuant to Treasury Regulation Section 1.148-1. (b) Within 30 days after the initial installment computation date which is the last day of the Sixth bond year, unless such date is changed by the City prior to the date that any amount with respect to the Series 2014 Bonds is paid or required to be paid to the United States of America as required by Section 148 of the Code, and at least once every five years thereafter, the City shall cause the Rebate Amount to be computed and shall deliver a copy of such computation (the "Rebate Amount Certificate") to the Authority and the Trustee. Prior to any payment of the Rebate Amount to the United States of America as required by Section 148 of the Code, a Rebate Amount Certificate setting forth such Rebate Amount shall be prepared or approved by (1) a person with experience in matters of governmental accounting for Federal income tax purposes or (2) a bona fide arbitrage rebate calculation reporting service. Section 6.4 Payment of Rebate Amount. Not later than 60 days after the initial installment computation date, the City shall pay solely from amounts in the Series 2014 Arbitrage Rebate Fund to the United States of America at least 90% of the Rebate Amount as set forth in the Rebate Amount Certificate prepared with respect to such installment computation date. At least once on or before 60 days after the installment computation date that is the Sixth anniversary of the initial installment computation date or on or before 60 days after every Sixth anniversary date thereafter until final payment of the Series 2014 Bonds, the City shall pay to the United States of America not less than the amount, if any, by which 90% of the Rebate Amount set forth in the most recent Rebate Amount Certificate exceeds the aggregate of all such payments theretofore made to the United States of America pursuant to this Section. On or before 60 days after final payment of the Series 2014 Bonds, the City shall pay to the United States of America the amount, if any, by which 100% of the Rebate Amount set forth in the Rebate Amount Certificate with respect to the date of final payment of the Series 2014 Bonds exceeds the aggregate of all payments theretofore made pursuant to this Section. All such payments shall be made solely from amounts in the Series 2014 Arbitrage Rebate Fund. Notwithstanding any provision of the Support Agreement to the contrary, no such payment shall be made if the City receives and delivers to the Trustee and the Authority an opinion of Bond Counsel to the effect that (a) such payment is not required under the Code in order to prevent the Series 2014 Bonds from becoming "arbitrage bonds" within the meaning of Section 148 of the Code or (b) such payment should be calculated and paid on some alternative basis under the code, and the City complies with such alternative basis. 7 The Authority covenants that, if so requested by the City, it shall execute any form required to be signed by an issuer of tax-exempt bonds in connection with the payment of any Rebate amount (including Internal Revenue Service Form 8038-T) based on information supplied to the Authority by the City. The City shall supply all information required to be stated on such form and shall prepare such form. Except for the execution and delivery of such form upon timely presentation by the City, the Authority shall have no responsibility for such form or the information stated thereon. Section 6.5 Reports by Trustee. The Trustee shall provide the City within 10 days after each May 1 and within 10 days after the final payment of the Series 2014 Bonds with such reports and information with respect to earnings of amounts held under the Agreement of Trust as may be requested by the City in order to comply with the provisions of this Article. Section 6.6 Disposition of Balance in Series 2014 Arbitrage Rebate Fund. After each payment required in Section 6.4 is made and any additional amount necessary to pay the full rebate obligation is retained, the remaining amount in the Series 2014 Arbitrage Rebate Fund shall be retained by the City and used for any lawful purpose. ARTICLE VII MISCELLANEOUS Section 7.1 Private Activity Covenants. The City covenants not to permit the proceeds of the Series 2014 Bonds to be used in any manner that would result in (a) 5% or more of such proceeds or the faculties financed with such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141(b) of the Code, (b) 5% or more of such proceeds being used with respect to any "output facility" (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any persons other than a governmental unit, as provided in Section 141(c) of the Code; provided, however, that if the City receives an opinion of Bond Counsel that any such covenants need not be complied with to prevent the interest on the Series 2014 Bonds from being includable in the gross income for Federal income tax purposes under existing law, the City need not comply with such covenants. Section 7.2 Post -Issuance Compliance. After the Series 2014 Bonds are issued, the City covenants to monitor the use of the proceeds of such bonds, and the projects financed with such bonds, and requirements related to arbitrage yield restriction and rebate with respect to such bonds under the City's Post -Issuance 8 Compliance Policy and Procedures (the "Policy") for tax -advantaged governmental purpose bonds adopted by resolution of the City Council on March 13, 2012. In any instance of noncompliance detected through application of the Policy, the City covenants to take corrective action in accordance with the Policy, and to notify the Authority of the matter and corrective action taken or to be taken. The Authority agrees to cooperate with the City in any instance where action of the Authority may be required in connection with the City's corrective action. Section 7.3 Severability. If any provision of this Sixth Supplemental Support Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof. Section 7.4 Successors and Assigns. This Sixth Supplemental Support Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Section 7.5 Counterparts. This Sixth Supplemental Support Agreement may be executed in any number of counterparts, each of which shall be an original, all of which together shall constitute but one and the same instrument. Section 7.6 Governing Law. This Sixth Supplemental Support Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. [REMAINDER OF PAGE INTENIONALLY LEFT BLANK] 9 1 D IN WITNESS WHEREOF, the parties have caused this Sixth Supplemental Support Agreement to be duly executed by their duly authorized representatives as of the date first above written. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: Chairman CITY OF VIRGINIA BEACH, VIRGINIA By: City Manager Seen and agreed to: U.S. BANK NATIONAL ASSOCIATION, As Trustee By: Title: 4839-6387-6634.1 10 I RECEIPT D Receipt of the foregoing original counterpart of the Sixth Supplemental Support Agreement dated as of June 1, 2014, between the City of Virginia Beach Development Authority and the City of Virginia Beach, Virginia, is hereby acknowledged. U.S. BANK, NATIONAL ASSOCIATION, as Trustee By: Title: 11 City of Virginia Beath Development Authority Public Facility Revenue and Refunding Revenue Bond Schedule of Payments [PAYMENT SCHEDULE TO BE UPDATED] Annual Debt Due Date Principal Interest Debt Service 12/1/2014 287,164.69 287,164.69 319,071.88 319,071.88 6/30/2014 12/1/2014 319,071.88 319,071.88 6/1/2015 1,365,000 319,071.88 1,684,071.88 6/30/2015 12/1/2015 312,246.88 312,246.88 6/1/2016 1,365,000 312,246.88 1,677,246.88 6/30/2016 12/1/2016 305,421.88 305,421.88 6/1/2017 1,365,000 305,421.88 1,670,421.88 6/30/2017 12/1/2017 284,946.88 284,946.88 6/1/2018 1,370,000 284,946.88 1,654,946.88 6/30/2018 12/1/2018 264,396.88 264,396.88 6/1/2019 1,370,000 264,396.88 1,634,396.88 6/30/2019 12/1/2019 236,996.88 236,996.88 6/1/2020 1,370,000 236,996.88 1,606,996.88 6/30/2020 12/1/2020 209,596.88 209,596.88 6/1/2021 1,370,000 209,596.88 1,579,596.88 6/30/2021 12/1/2021 189,046.88 189,046.88 6/1/2022 965,000 189,046.88 1,154,046.88 6/30/2022 12/1/2022 169, 746.88 169, 746.88 6/1/2023 965,000 169,746.88 1,134,746.88 6/30/2023 12/1/2023 150,446.88 150,446.88 6/1/2024 965,000 150,446.88 1,115,446.88 6/30/2024 12/1/2024 138, 384.38 138,384.38 6/1/2025 970,000 138,384.38 1,108,384.38 6/30/2025 12/1/2025 123,834.38 123,834.38 6/1/2026 970,000 123,834.38 1,093,834.38 6/30/2026 12/1/2026 109,284.38 109,284.38 6/1/2027 970,000 109,284.38 1,079,284.38 6/30/2027 12/1/2027 94,128.13 94,128.13 6/1/2028 970,000 94,128.13 1,064,128.13 6/30/2028 12/1/2028 78,365.63 78,365.63 6/1/2029 925,000 78,365.63 1,003,365.63 6/30/2029 12/1/2029 63,334.38 63,334.38 6/1/2030 925,000 63,334.38 988,334.38 6/30/2030 12/1/2030 47,725.00 47,725.00 6/1/2031 920,000 47,725.00 967,725.00 6/30/2031 12/1/203 1 32,200.00 32,200.00 6/1/2032 920,000 32,200.00 952,200.00 6/30/2032 12/1/2032 16,100.00 16,100.00 6/1/2033 920,000 16,100.00 936,100.00 6/30/2033 606,236.57 2,003,143.76 1,989,493.76 1,975,843.76 1,939,893.76 1,898,793.76 1,843,993.76 1,789,193.76 1,343,093.76 1,304,493.76 1,265,893.76 1,246,768.76 1,217,668.76 1,188,568.76 1,158,256.26 1,081,731.26 1,051,668.76 1,015,450.00 984,400.00 952,200.00 6 896,786.73 27,856,786.73 27,856,786.73 Public Facility Revenue Bonds (2013A) A-1 Exhibit A City of Virginia Beach Development Authority Public Facility Revenue and Refunding Revenue Bond Schedule of Payments Public Facility Revenue Bonds (2012A) Public Facility Refunding Revenue Bonds (2012B) Annual Debt Annual Debt Due Date Principal Interest Debt Service 12/1/2014 1,220,000 466,250.00 1,686,250.00 12/1/2014 600,000 594,425.00 1,194,425.00 6/1/2014 447,950.00 447,950.00 6/1/2014 585,425.00 585,425.00 6/30/2014 2,134,200.00 6/30/2014 1,779,850.00 12/1/2014 1,220,000 447,950.00 1,667,950.00 12/1/2014 615,000 585,425.00 1,200,425.00 6/1/2015 429,650.00 429,650.00 6/1/2015 576,200.00 576,200.00 6/30/2015 2,097,600.00 6/30/2015 1,776,625.00 12/1/2015 1,220,000 429,650.00 1,649,650.00 12/1/2015 640,000 576,200.00 1,216,200.00 6/1/2016 399,150.00 399,150.00 6/1/2016 566,600.00 566,600.00 6/30/2016 2,048,800.00 6/30/2016 1,782,800.00 12/1/2016 1,215,000 399,150.00 1,614,150.00 12/1/2016 660,000 566,600.00 1,226,600.00 6/1/2017 368,775.00 368,775.00 6/1/2017 556,700.00 556,700.00 6/30/2017 1,982,925.00 6/30/2017 1,783,300.00 12/1/2017 1,215,000 368,775.00 1,583,775.00 12/1/2017 680,000 556,700.00 1,236,700.00 6/1/2018 338,400.00 338,400.00 6/1/2018 546,500.00 546,500.00 6/30/2018 1,922,175.00 6/30/2018 1,783,200.00 12/1/2018 1,215,000 338,400.00 1,553,400.00 12/1/2018 546,500.00 546,500.00 6/1/2019 308,025.00 308,025.00 6/1/2019 546,500.00 546,500.00 6/30/2019 1,861,425.00 6/30/2019 1,093,000.00 12/1/2019 1,215,000 308,025.00 1,523,025.00 12/1/2019 546,500.00 546,500.00 6/1/2020 277,650.00 277,650.00 6/1/2020 546,500.00 546,500.00 6/30/2020 1,800,675.00 6/30/2020 1,093,000.00 12/1/2020 1,215,000 277,650.00 1,492,650.00 12/1/2020 546,500.00 546,500.00 6/1/2021 247,275.00 247,275.00 6/1/2021 546,500.00 546,500.00 6/30/2021 1,739,925.00 6/30/2021 1,093,000.00 12/1/2021 1,150,000 247,275.00 1,397,275.00 12/1/2021 546,500.00 546,500.00 6/1/2022 218,525.00 218,525.00 6/1/2022 546,500.00 546,500.00 6/30/2022 1,615,800.00 6/30/2022 1,093,000.00 12/1/2022 1,145,000 218,525.00 1,363,525.00 12/1/2022 10,650,000 546,500.00 11,196,500.00 6/1/2023 189,900.00 189,900.00 6/1/2023 280,250.00 280,250.00 6/30/2023 1,553,425.00 6/30/2023 11,476,750.00 12/1/2023 1,055,000 189,900.00 1,244,900.00 12/1/2023 11,210,000 280,250.00 11,490,250.00 6/1/2024 168,800.00 168,800.00 6/30/2024 11,490,250.00 6/30/2024 1,413,700.00 25,055,000 11,189,775.00 36,244,775.00 36,244,775.00 12/1/2024 1,055,000 168,800.00 1,223,800.00 6/1/2025 147, 700.00 147, 7 00.00 6/30/2025 1,371,500.00 12/1/2025 1,055,000 147,700.00 1,202,700.00 6/1/2026 126,600.00 126,600.00 6/30/2026 1,329,300.00 12/1/2026 1,055,000 126,600.00 1,181,600.00 6/1/2027 110, 775.00 110,775.00 6/30/2027 1,292,375.00 12/1/2027 1,055,000 110, 775.00 1,165, 775.00 6/1/2028 94,950.00 94,950.00 6/30/2028 1,260,725.00 12/1/2028 1,055,000 94,950.00 1,149,950.00 6/1/2029 79,125.00 79,125.00 6/30/2029 1,229,075.00 12/1/2029 1,055,000 79,125.00 1,134,125.00 6/1/2030 63,300.00 63,300.00 6/30/2030 1,197,425.00 12/1/2030 1,055,000 63,300.00 1,118,300.00 6/1/2031 42,200.00 42,200.00 6/30/2031 1,160,500.00 12/1/2031 1,055,000 42,200.00 1,097,200.00 6/1/2032 21,100.00 21,100.00 6/30/2032 1,118,300.00 12/1/2032 1,055,000 21,100.00 1,076,100.00 6/30/2033 1,076,100.00 22,580,000 8,625,950.00 31,205,950.00 31,205,950.00 Exhibit A City of Virginia Beach Development Authority Public Facility Revenue and Refunding Revenue Bond Schedule of Payments Public Facility Revenue Bonds (2010A) Due Date Principal Annual Debt Interest Debt Service Due Date Exhibit A Public Facility Refunding Revenue Bonds (20106) Public Facility Refunding Revenue Bonds (2010C) Annual Debt Annual Debt 9/15/2014 179,350 179,350 8/1/2014 225,000 2,288,425.00 2,513,425.00 8/1/2014 998,875.00 998,875.00 3/15/2014 1,700,000 179,350 1,879,350 2/1/2014 2,286,175.00 2,286,175.00 2/1/2014 998,875.00 998,875.00 6/30/2014 2,058,700 6/30/2014 4,799,600.00 6/30/2014 1,997,750.00 9/15/2014 153,850 153,850 8/1/2014 9,330,000 2,286,175.00 11,616,175.00 8/1/2014 998,875.00 998,875.00 3/15/2015 1,700,000 153,850 1,853,850 2/1/2015 2,099,575.00 2,099,575.00 2/1/2015 998,875.00 998,875.00 6/30/2015 2,007,700 6/30/2015 13,715,750.00 6/30/2015 1,997,750.00 9/15/2015 136,850 136,850 8/1/2015 9,830,000 2,099,575.00 11,929,575.00 8/1/2015 998,875.00 998,875.00 3/15/2016 1,700,000 136,850 1,836,850 2/1/2016 1,902,975.00 1,902,975.00 2/1/2016 998,875.00 998,875.00 6/30/2016 1,973,700 6/30/2016 13,832,550.00 6/30/2016 1,997,750.00 9/15/2016 102,850 102,850 8/1/2016 10,450,000 1,902,975.00 12,352,975.00 8/1/2016 4,595,000 998,875.00 5,593,875.00 3/15/2017 1,700,000 102,850 1,802,850 2/1/2017 1,641,725.00 1,641,725.00 2/1/2017 884,000.00 884,000.00 6/30/2017 1,905,700 6/30/2017 13,994,700.00 6/30/2017 6,477,875.00 9/15/2017 77,350 77,350 8/1/2017 11,135,000 1,641,725.00 12,776,725.00 8/1/2017 4,840,000 884,000.00 5,724,000.00 3/15/2018 1,700,000 77,350 1,777,350 2/1/2018 1,363,350.00 1,363,350.00 2/1/2018 763,000.00 763,000.00 6/30/2018 1,854,700 6/30/2018 14,140,075.00 6/30/2018 6,487,000.00 9/15/2018 51,850 51,850 8/1/2018 11,860,000 1,363,350.00 13,223,350.00 8/1/2018 5,090,000 763,000.00 5,853,000.00 3/15/2019 1,700,000 51,850 1,751,850 2/1/2019 1,066,850.00 1,066,850.00 2/1/2019 635,750.00 635,750.00 6/30/2019 1,803,700 6/30/2019 14,290,200.00 6/30/2019 6,488,750.00 9/15/2019 26,350 26,350 8/1/2019 12,635,000 1,066,850.00 13,701,850.00 8/1/2019 635,750.00 635,750.00 3/15/2020 1,700,000 26,350 1,726,350 2/1/2020 750,975.00 750,975.00 2/1/2020 635,750.00 635,750.00 6/30/2020 1,752,700 6/30/2020 14,452,825.00 6/30/2020 1,271,500.00 11,900,000 1,456,900.00 13,356,900.00 13,356,900.00 8/1/2020 13,450,000 750,975.00 14,200,975.00 8/1/2020 4,930,000 635,750.00 5,565,750.00 2/1/2021 414,725.00 414,725.00 2/1/2021 512,500.00 512,500.00 6/30/2021 14,615,700.00 6/30/2021 6,078,250.00 8/1/2021 14,285,000 414,725.00 14,699,725.00 8/1/2021 5,190,000 512,500.00 5,702,500.00 2/1/2022 57,600.00 57,600.00 2/1/2022 382,750.00 382,750.00 6/30/2022 14,757,325.00 6/30/2022 6,085,250.00 8/1/2022 2,880,000 57,600.00 2,937,600.00 8/1/2022 10,330,000 382,750.00 10,712,750.00 6/30/2023 2,937,600.00 2/1/2023 124,500.00 124,500.00 96,080,000 25,456,325.00 121,536,325.00 121,536,325.00 6/30/2023 10,837,250.01) A-3 8/1/2023 4,980,000 124,500.00 5,104,500.00 6/30/2024 5,104,500.01) 39,955,000 14,868,625.00 54,823,625.00 54,823,625.00 City of Virginia Beach Development Authority Public Facility Revenue and Refunding Revenue Bond Schedule of Payments Public Facility Revenue Bonds (2007A) Taxable Public Facility Bonds (2007B) Due Date Principal Interest Debt Service Annual Debt Annual Debt Due Date Principal Interest Debt Service 7/15/2014 5,680,000 1,558,875.00 7,238,875.00 7/15/2014 145,000 107,423.75 252,423.75 1/15/2014 1,416,875.00 1,416,875.00 1/15/2014 102,711.25 102,711.25 6/30/2014 8,655,750.00 6/30/2014 7/15/2014 5,970,000 1,416,875.00 7,386,875.00 7/15/2014 155,000 102,711.25 257,711.25 1/15/2015 1,267,625.00 1,267,625.00 1/15/2015 98,061.25 98,061.25 6/30/2015 8,654,500.00 6/30/2015 7/15/2015 3,435,000 1,267,625.00 4,702,625.00 7/15/2015 160,000 98,061.25 258,061.25 1/15/2016 1,181,750.00 1,181,750.00 1/15/2016 93,381.25 93,381.25 6/30/2016 5,884,375.00 6/30/2016 7/15/2016 3,610,000 1,181,750.00 4,791,750.00 7/15/2016 170,000 93,381.25 263,381.25 1/15/2017 1,091,500.00 1,091,500.00 1/15/2017 88,366.25 88,366.25 6/30/2017 5,883,250.00 6/30/2017 7/15/2017 3,790,000 1,091,500.00 4,881,500.00 7/15/2017 185,000 88,366.25 273,366.25 1/15/2018 996,750.00 996,750.00 1/15/2018 82,862.50 82,862.50 6/30/2018 5,878,250.00 6/30/2018 7/15/2018 3,990,000 996,750.00 4,986,750.00 7/15/2018 195,000 82,862.50 277,862.50 1/15/2019 897,000.00 897,000.00 1/15/2019 77,012.50 77,012.50 6/30/2019 5,883,750.00 6/30/2019 7/15/2019 4,195,000 897,000.00 5,092,000.00 7/15/2019 205,000 77,012.50 282,012.50 1/15/2020 792,125.00 792,125.00 1/15/2020 70,555.00 70,555.00 6/30/2020 5,884,125.00 6/30/2020 7/15/2020 4,405,000 792,125.00 5,197,125.00 7/15/2020 220,000 70,555.00 290,555.00 1/15/2021 682,000.00 682,000.00 1/15/2021 63,625.00 63,625.00 6/30/2021 5,879,125.00 6/30/2021 7/15/2021 4,640,000 682,000.00 5,322,000.00 7/15/2021 235,000 63,625.00 298,625.00 1/15/2022 566,000.00 566,000.00 1/15/2022 56,222.50 56,222.50 6/30/2022 5,888,000.00 6/30/2022 7/15/2022 566,000.00 566,000.00 7/15/2022 250,000 56,222.50 306,222.50 1/15/2023 566,000.00 566,000.00 1/15/2023 48,347.50 48,347.50 6/30/2023 1,132,000.00 6/30/2023 7/15/2023 566,000.00 566,000.00 7/15/2023 265,000 48,347.50 313,347.50 1/15/2024 566,000.00 566,000.00 1/15/2024 40,000.00 40,000.00 6/30/2024 1,132,000.00 6/30/2024 7/15/2024 5,385,000 566,000.00 5,951,000.00 7/15/2024 285,000 40,000.00 325,000.00 1/15/2025 431,375.00 431,375.00 1/15/2025 30,880.00 30,880.00 6/30/2025 6,382,375.00 6/30/2025 7/15/2025 5,665,000 431,375.00 6,096,375.00 7/15/2025 300,000 30,880.00 330,880.00 1/15/2026 289,750.00 289,750.00 1/15/2026 21,280.00 21,280.00 6/30/2026 6,386,125.00 6/30/2026 7/15/2026 5,955,000 289,750.00 6,244,750.00 7/15/2026 320,000 21,280.00 341,280.00 1/15/2027 140,875.00 140,875.00 1/15/2027 11,040.00 11,040.00 6/30/2027 6,385,625.00 6/30/2027 7/15/2027 5,635,000 140,875.00 5,775,875.00 7/15/2027 345,000 11,040.00 356,040.00 6/30/2028 5,775,875.00 6/30/2028 355,135.00 355,772.50 351,442.50 351,747.50 356,228.75 354,875.00 352,567.50 354,180.00 354,847.50 354,570.00 353,347.50 355,880.00 352,160.00 352,320.00 356,040.00 62,355,000 23,330,125.00 85,685,125.00 85,685,125.00 3,435,000 1,876,113.75 5,311,113.75 5,311,113.75 Exhibit A City of Virginia Beach Development Authority Public Facility Revenue and Refunding Revenue Bond Schedule of Payments Public Facility Revenue Bonds (2005A) Taxable Public Facility Bonds (20058) Due Date Principal Interest Debt Service Annual Debt Annual Debt Due Date Principal Interest Debt Service 11/1/2014 666,556.25 666,556.25 5/1/2014 3,990,000 666,556.25 4,656,556.25 6/30/2014 11/1/2014 566,806.25 566,806.25 5/1/2015 4,195,000 566,806.25 4,761,806.25 6/30/2015 11/1/2015 - 461,931.25 461,931.25 5/1/2016 4,400,000 461,931.25 4,861,931.25 6/30/2016 11/1/2016 351,931.25 351,931.25 5/1/2017 351,931.25 351,931.25 6/30/2017 11/1/2017 351,931.25 351,931.25 5/1/2018 351,931.25 351,931.25 6/30/2018 11/1/2018 351,931.25 351,931.25 5/1/2019 351,931.25 351,931.25 6/30/2019 11/1/2019 351,931.25 351,931.25 5/1/2020 5,355,000 351,931.25 5,706,931.25 6/30/2020 11/1/2020 244,831.25 244,831.25 5/1/2021 244,831.25 244,831.25 6/30/2021 11/1/2021 244,831.25 244,831.25 5/1/2022 244,831.25 244,831.25 6/30/2022 11/1/2022 244,831.25 244,831.25 5/1/2023 244,831.25 244,831.25 6/30/2023 11/1/2023 244,831.25 244,831.25 5/1/2024 5,730,000 244,831.25 5,974,831.25 6/30/2024 11/1/2024 126,650.00 126, 650.00 5/1/2025 5,960,000 126,650.00 6,086,650.00 6/30/2025 5,323,112.50 5,328,612.50 5,323,862.50 703,862.50 703,862.50 703,862.50 6,058,862.50 489,662.50 489,662.50 489,662.50 6,219,662.50 6,213,300.00 11/1/2014 160,500.00 160,500.00 5/1/2014 400,000 160,500.00 560,500.00 6/30/2014 11/1/2014 150,500.00 150,500.00 5/1/2015 425,000 150,500.00 575,500.00 6/30/2015 11/1/2015 139,875.00 139,875.00 5/1/2016 450,000 139,875.00 589,875.00 6/30/2016 11/1/2016 128,625.00 128,625.00 5/1/2017 465,000 128,625.00 593,625.00 6/30/2017 11/1/2017 117,000.00 117,000.00 5/1/2018 490,000 117,000.00 607,000.00 6/30/2018 11/1/2018 104,750.00 104,750.00 5/1/2019 510,000 104,750.00 614,750.00 6/30/2019 11/1/2019 92,000.00 92,000.00 5/1/2020 540,000 92,000.00 632,000.00 6/30/2020 11/1/2020 78,500.00 78,500.00 5/1/2021 570,000 78,500.00 648,500.00 6/30/2021 11/1/2021 64,250.00 64,250.00 5/1/2022 595,000 64,250.00 659,250.00 6/30/2022 11/1/2022 49,375.00 49,375.00 5/1/2023 625,000 49,375.00 674,375.00 6/30/2023 11/1/2023 33,750.00 33,750.00 5/1/2024 655,000 33,750.00 688,750.00 6/30/2024 11/1/2024 17,375.00 17,375.00 5/1/2025 695,000 17,375.00 712,375.00 6/30/2025 721,000.00 726,000.00 729,750.00 722,250.00 724,000.00 719,500.00 724,000.00 727,000.00 723,500.00 723,750.00 722,500.00 729,750.00 29,630,000 8,417,987.50 38,047,987.50 38,047,987.50 6,420,000 2,273,000.00 8,693,000.00 8,693,000.00 Exhibit A City of Virginia Beach Development Authority Public Facility Revenue and Refunding Revenue Bond Schedule of Payments Taxable Public Facility Bonds (2003A) Annual Debt D Date Principal Interest Debt Service 12/1/2014 7,600,000 199,500.00 7,799,500.00 6/30/2014 7,799,500.00 7,600,000 199,500.00 7,799,500.00 7,799,500.00 A-6 Exhibit A EXHIBIT B DESCRIPTION OF SERIES 2014 PROJECTS The following sets forth brief descriptions of the City projects to be financed in whole or in part with public facility revenue bonds (`PFRB") of the Authority, and the amount of each project to be financed with proceeds of the Public Facility Revenue Bonds, Series 2014A: Projects to be Financed with Public Facility Revenue Bonds Project/ Fund Number Project. Name Description Total Programmed Cost Total PFRB Planned Financing Series 2014A Bonds 2-045 Pacific Avenue Improvements This project provides for the improvements to Pacific Avenue between 15th Street and 23rd street within the existing right-of-way, to include undergrounding of existing overhead utilities and public utility upgrades. In addition, new LED street lighting and traffic light signal mast arms will be installed. $20,000,000 $17,330,000 $428,826 2-143 Laskin Road Gateway — Phase I -A This project will initially provide streetscape and other improvements, included within the Gateway area: a new 190 -foot bridge crossing Little Neck Creek on Pinewood Road, undergrounding of all overhead utility lines, a new park, an upsized storm water drainage system, and new streetscape that includes brick pavers, LED pedestrian/street lighting, landscaping, and wide sidewalks. $39,956,947 $5,744,961 $4,490,023 2-401 Greenwich Road Crossover/Cleveland St. Improvements This is the first phase of overall eastbound I- 264 interstate improvements that will relocate the existing Greenwich Road into the existing Cleveland Street/Clearfield Avenue intersection. This project represents the City's share of the Virginia Department of Transportation project and the required City improvements to the Cleveland Street/Clearfield Avenue intersection. This project will be designed and constructed in three phases, with the first two phases included in this project. $15,895,500 $2,474,741 $510,957 2-409 Centerville Turnpike — Phase II This project will provide two southbound lanes on Centerville Turnpike and Jake Sears Road to Broadwindsor Lane as well as triple left turn lane at intersection of Indian River Road and Centerville Turnpike. Part of a future six -lane section of the road way. $31,000,000 $10,869,000 $256,113 B-1 Project/ Fund Number Project Name Description Total Programmed Cost Total PFRB Planned Financing Series 2014A Bonds 3-140 Energy Performance Contracts This project accounts for energy performance contract in City facilities. The project includes upgrades and improvements which provide energy consumption savings. The upgrades include direct digital control systems for heating, ventilation and air-conditioning and other energy-saving equipment. $4,583,915 $4,583,915 $484,757 3-142 CIT -Com Infrastructure Replacement — Phase II Communications infrastructure including radios, computer aided dispatch workstations, transmitter sites, public safety vehicle mobile computer terminals and hardware. $34,573,605 $5,727,934 $4,629,173 3-200 Revenue Assessment and Collection System This project provides for a comprehensive and coordinated replacement of computer systems currently used to support tax revenue and collection. $11,924,799 $2,446,720 $229,728 4-505 Bow Creek Community Rec Ctr. This project will fund the design and construction costs required to tear down and rebuild the Bow Creek Community Recreation Center and relocate certain storage facilities on the current site. $25,123,023 $24,193,061 $11,600,289 4-506 Parks Infrastructure Renewal and Replacement This project funds the implementation of renovations, replacements in all City signature, metro, and community parks as well as special use sites totaling 1,100 acres throughout the City. $7,650,000 $1,000,000 $254,693 8-003 Landfill Phase 2 Capping This project will provide a cap over the Phase I cell of landfill #2. The cap covers an area of approximately 80 acres, providing environmental protection required under Virginia Solid Waste Regulations. $17,417,000 $2,348,122 $1,397,496 9-085 Burton Station Road Improvements - Ph II This project will provide basic and long needed utility services and standard roadway improvements including curb and gutter, sidewalk and streetlights necessary to preserve and revitalize the existing residential community consistent with the phasing and implementation goals recommended in the adopted Burton Station/Northampton Boulevard Corridor Strategic Growth Area Implementation plan. $3,250,000 $3,250,000 $17,623 B-2 Project/ Fund Number Project Name Description Total Programmed Cost Total PFRB Planned Financing Series 2014A Bonds 9-091 Burton Station Road Improvements — Ph III The purpose of this project is to provide a connection between Burton Station Road and Air Rail Drive via an extension of Tolliver Road (formerly called Golf Course Road) to provide infrastructure necessary to promote future development consistent with the phasing and implementation goals recommended in the adopted Burton Station/Northampton Boulevard Corridor Strategic Growth Area Implementation plan. $8,500,000 $8,500,000 $275,256 169 Town Center The parking garage in Block 11 of the Town Center Project is Phase V of the development. Phases I — III are complete; Phase IV approval term is expired. The garage will have 900+ parking spaces on seven levels. $20,419,202 $20,419,202 $20,419,202 21-103 Renovations and Replacements — HVAC Systems — Ph II This project provides resources to insure that adequate heating, cooling, and ventilation is available in school sites through projects to provide improved or upgraded HVAC systems in schools throughout the City. $51,218,702 $2,600,000 $2,000,000 1-233 Consolidated Old Donation Center/Kemps Landing Magnet Replacement This project is for the replacement of Old Donation Center and Kemps Landing Magnet with a consolidated facility. Old Donation Center, originally built in 1965, and Kemps Landing Magnet, built in 1957, can no longer adequately house the required instructional programs and the facilities are in need of replacement. This project will extend the useful life of the facility by 40 to 50 years. $63,360,000 $19,400,000 $2,405,864 TOTAL $354,853,491 $130,868,454 $49,400,000 B-3 EXHIBIT C CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL REVENUE BOND ADMINISTRATIVE FEE SCHEDULE Due Date Administration Fee 2002 Bonds Administration Fee All Other Bonds Administration Fee Total Bonds 12/1/10 $27,556.25 $35,000.00 $62,556.25 12/1/11 $26,612.50 $35,000.00 $61,612.50 12/1/12 $25,518.75 $35,000.00 $60,518.75 12/1/13 $24,037.50 $35,000.00 $59,037.50 12/1/14 $22,412.50 $35,000.00 $57,412.50 12/1/15 $20,600.00 $35,000.00 $55,600.00 12/1/16 $18,537.50 $35,000.00 $53,537.50 12/1/17 $16,225.00 $34,205.00 $50,430.00 12/1/18 $13,631.25 $29,222.50 $42,853.75 12/1/19 $10,725.00 $23,970.00 $34,695.00 12/1/20 $7,493.75 $18,430.00 $25,923.75 12/1/21 $3,925.00 $12,597.50 $16,522.50 12/1/22 $0.00 $6,455.00 $6,455.00 12/1/23 $0.00 $0.00 $0.00 C-1 Item -V-I.9 ORDINANCES/RESOLUTIONS -26- ITEM #63831 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Resolution to PETITION the Commonwealth Transportation Board to transfer certain real property re construction, reconstruction, alteration, maintenance or repair of various roadways and AUTHORIZE the City Manager to EXECUTE documents to convey the rights-of-way Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION PETITIONING THE COMMONWEALTH TRANSPORTATION BOARD TO TRANSFER CERTAIN REAL PROPERTY TO THE CITY OF VIRGINIA BEACH WHEREAS, the Commonwealth of Virginia (the "Commonwealth") acquired parcels of real estate for the construction, reconstruction, alteration, maintenance, or repair of various roadways in connection with the following twenty-two (22) projects (collectively, the "Projects"), located in the City of Virginia Beach (the "City"): 0000-134-V29, RW201 U000-134-103, RW201 U000-134-104, RW201 U000-134-107, RW202 0000-134-107, RW203 U000-134-107, RW204 U000-134-109, RW201 0000-134-118, RW201 0000-134-119, RW201 U000-134-121, RW201 0000-134-126, RW201 0013-134-101, RW201 0044-134-104, RW202 0044-134-104, RW203 0044-134-105, RW201 0044-134-107, RW201 0058-134-101, RW201 0058-134-101, RW203 0060-134-101, RW201 0064-134-104, RW202 0165-134-102, RW201 0165-134-104, RW201 London Bridge Road (International to Rt. 58) Great Neck Road (Rt. 58 to Shorehaven Drive) Indian River Road (1-64 to Chesapeake Line) Haygood Road (Newtown Rd to Independence Blvd.) Newtown Road (Virginia Beach Blvd. to Baker Road/Virginia Beach Boulevard) Newtown Road (Virginia Beach Blvd. to Baker Road) Witchduck Road (Rt. 58 to Pembroke Blvd.) Oceana Blvd. (First Colonial Road to General Booth Blvd.) Pacific Avenue / General Booth Blvd. (Norfolk Avenue to Harbor Pt.) Dam Neck Road (General Booth Blvd. to Dam Neck Naval Facility) Salem Road (Dewitt Way to Rock Lake Loop) Military Hwy. (Chesapeake Line to Norfolk Line) 1-44 (Interchange at First Colonial Road) 1-44 (Interchange at Lynnhaven Parkway) 1-44 (Interchange at Independence Blvd. / Baxter Road) 1-44 (Interchange Birdneck Road) Virginia Beach Blvd. (Laskin Road to Witchduck Road) Virginia Beach Blvd. (Rosemont Road to N. Great Neck Road) Shore Drive (Atlantic Avenue to Fort Story) 1-64 (Commuter Parking Lot at Indian River Road) Kempsville-Princess Anne Rd (Norfolk Line to Parliament Drive) Princess Anne Road (Edwin Drive to Windsor Oaks Blvd.) WHEREAS, all aspects of the construction, reconstruction, alteration, maintenance and/or repair of the Projects are complete and title to the real property encompassed by the Projects (the "Rights -of -Way") remains vested in the Commonwealth; WHEREAS, the Rights -of -Way constitute sections of public roadways and related residual areas acquired, and the City maintains the Rights -of -Way; and 47 WHEREAS, the City Council believes it would be in the best interest of the City 48 for title to the Rights -of -Way acquired in connection with the said Projects to be 49 transferred to the City. 50 51 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 52 CITY OF VIRGINIA BEACH, VIRGINIA: 53 54 1. That the City Council of Virginia Beach hereby petitions the 55 Commonwealth Transportation Board, pursuant to §33.1-89 and §33.1-149 of the Code 56 of Virginia, as amended, to transfer all real estate, property and interests comprising the 57 Rights -of -Way acquired incidental to the construction, reconstruction, alteration, 58 maintenance, or repair of the Projects, as shown the plan sheets attached hereto as 59 Exhibit A, and made a part hereof, to the City of Virginia Beach, and to take such other 60 action as necessary to complete the conveyance of title for the Rights -of -Way to the 61 City of Virginia Beach, and upon transfer, such Rights -of -Way shall cease being a part 62 of the State Highway System. 63 64 2. That the City Manager, or his authorized designee, is hereby authorized to 65 execute any and all documents to complete the conveyance of title to the Rights -of -Way 66 from the Commonwealth to the City, so long as the documents contain such terms, 67 conditions and modifications as may be acceptable to the City Manager and in a form 68 deemed satisfactory by the City Attorney. 69 70 Adopted by the City Council of the City of Virginia Beach, Virginia, this 27 t h 71 day of May , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: . j.)(10J-54-, fitbiLitilly &yew) is Works / Real Estate City Attorney CA12778 \vbgovcom\DFS1\AppIications\CityLawProd\cycom32\Wpdocs\DO28\PO11 \00017093. DOC R-1 May 6, 2014 • T O 4y M FUNCTIONAL CLASSIFICATION AND TRAFFIC DATA 1 8 g. 1475 FHWA - 534 - 3H004 X OF VIRGINIA 24, W z O cp O z x 0 z A PLAN AND PROFILE OF PROPOSED HIGHWAY H 410 PPq 1. 48 MI. S. INT. INTERNATIONAL PARKWAY O CG TO: 0.019 MI. S. INT. 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MWOM s "'"' a OYYNJNO')V -)J MOND 1•1161 . sem cum -man ma via arena AO• Item-V-LIOa j ORDINANCES/RESOLUTIONS -27- ITEM #63832 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Resolution to GRANT permits to ALLOW Emergency Medical Services Agencies to operate in the City of Virginia Beach: a. Eagle Medical Transports b. American Lifeline Medical Transport c. Lifeline Ambulance Service d. Mid -Atlantic Regional Ambulance e. Children's Hospital of the King's Daughters f. Special Event Providers of Emergency Medicine g. Nightingale Air Ambulance Service h. Emergency Medical Response i. Reliance Medical Transport j. Medical Transport, LLC Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 I 1 A RESOLUTION TO GRANT PERMITS ALLOWING 2 CERTAIN EMERGENCY MEDICAL SERVICES 3 AGENCIES TO OPERATE IN THE CITY OF VIRGINIA 4 BEACH 5 6 WHEREAS, pursuant to City Code Section 10.5-2, any organization that operates 7 an emergency medical services agency or any emergency medical services vehicle within 8 the City must first obtain a permit from City Council, and such permits must be renewed on 9 an annual basis; and 10 11 WHEREAS, applications for permit renewals have been received by the following 12 agencies: Eagle Medical Transports, American Lifeline Medical Transport, Lifeline 13 Ambulance Service, Mid -Atlantic Regional Ambulance, Children's Hospital of the King's 14 Daughters, Special Event Providers of Emergency Medicine, Nightingale Air Ambulance 15 Service, Emergency Medical Response, Reliance Medical Transport, and Medical 16 Transport, LLC; and 17 18 WHEREAS, the above -listed private ambulance agencies perform services not 19 provided by the City's volunteer rescue squads, such as non -emergency inter -facility 20 transports, which include both basic and advance life support calls. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 23 VIRGINIA BEACH; 24 25 1. That the City Council hereby grants Emergency Medical Services permits to the 26 following agencies: 27 28 Eagle Medical Transports, American Lifeline Medical Transport, Lifeline Ambulance 29 Service, Mid -Atlantic Regional Ambulance, Children's Hospital of the King's 30 Daughters, Special Event Providers of Emergency Medicine, Nightingale Air 31 Ambulance Service, Emergency Medical Response, Reliance Medical Transport, 32 and Medical Transport, LLC. 33 34 2. That these permits shall be effective from July 1, 2014 until June 30, 2015. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 27th day of May , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 2 E ergency e ical Services CA13009 R-2/May 15, 2014 Item -V-I.11 ORDINANCES/RESOLUTIONS -28- ITEM #63833 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council DEFERRED TO JUNE 17, 2014, BY CONSENT, Ordinance to EXEMPT Taxation on certain local Real and Personal Property used by the Military Aviation Museum Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 Item -V -1.12a ORDINANCES/RESOLUTIONS -29- ITEM #63834 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, Ordinance to ACCEPT and APPROPRIATE funds from the US Department of Homeland Security to the Fire Department: a. $25, 090 re shelter kits at the new Kellam High School and an interoperable radio system for the medical friendly shelter Voting: 9-0 Council Members Voting Aye: Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 1 1 AN ORDINANCE TO ACCEPT AND 2 APPROPRIATE $25,090 FROM THE VIRGINIA 3 DEPARTMENT OF EMERGENCY MANAGEMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1. $25,090 in funding from the US Department of Homeland Security is hereby 9 accepted and appropriated, with estimated federal revenue increased accordingly, to 10 the FY 2013-14 Operating Budget of the Fire Department for shelter kits at the new 11 Kellam High School and an interoperable radio system for the City's medical friendly 12 shelter. 13 14 2. An in-kind grant match of $25,090 will be provided by existing resources within 15 the Department of Emergency Medical Services. Adopted by the Council of the City of Virginia Beach, Virginia, on the 27th day of May ,2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Budget and Management Services CA13016 R-2 May 20, 2014 APPROVED AS TO LEGAL SUFFICIENCY: Item -174.12b ORDINANCES/RESOLUTIONS -30- ITEM #63835 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, Ordinance to ACCEPT and APPROPRIATE funds from the US Department of Homeland Security to the Fire Department: b. $22, 000 re Emergency Operations Center access to feeds from cameras at the Oceanfront and certain intersections Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $22,000 FROM THE VIRGINIA DEPARTMENT OF 3 EMERGENCY MANAGEMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1. $22,000 in funding from the US Department of Homeland Security is hereby 9 accepted and appropriated, with estimated federal revenue increased accordingly, to 10 the FY 2013-14 Operating Budget of the Fire Department to pay for costs associated 11 with remote and Emergency Operations Center access to feeds from the cameras at the 12 oceanfront and certain intersections in the City. 13 14 2. An in-kind grant match of $22,000 will be provided by existing resources within 15 the Police Department. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 7th day of May , 2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: eA7 Budget a d Ma agement Services City Att CA 13017 R-1 May 8, 2014 ffice Item-V-J.13a-g ORDINANCES/RESOLUTIONS -31- ITEM #63836 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER funds re the "Thalia Station Revitalization and Conversion " for the Thalia Fire Station No. 7: a. $ 32, 000 from the Chesapeake Beach Fire and EMS Station b. $ 31, 000 from the Fire and Rescue Station — Town Center (Thalia) c. $ 13, 000 from Police Special Operations d. $ 25, 000 from the CIT Fire Station Alerting System e. $ 24, 000 from various buildings HVAC replacements f. $120,000 from Emergency Communications g. $ 30, 000 from Emergency Medical Services Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 1 AN ORDINANCE TO TRANSFER FUNDING FROM 2 VARIOUS SOURCES TO CIP #3-037, "THALIA STATION 3 REVITALIZATION AND CONVERSION" 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 The FY 2013-14 Capital Improvement Program is hereby amended with the 9 following amounts transferred to Capital Project #3-037, "Thalia Station Revitalization 10 and Conversion:" 11 12 a. $32,000 from Project #3-244, "Chesapeake Beach Fire and EMS 13 Station;" 14 b. $31,000 from Project #3-021, "Fire and Rescue Station - Town 15 Center (Thalia);" 16 c. $13,000 from Project #3-317, "Police Special Operations;" 17 d. $25,000 from Project #3-606, "CIT Fire Station Alerting System;" and 18 e. $24,000 from Project #3-136, "Various Buildings HVAC 19 Replacements." 20 21 BE IT FURTHER ORDAINED, THAT: 22 23 $120,000 from the FY 2013-14 Operating Budget of the Department of 24 Emergency Communications and Citizen Services and $30,000 from the FY 2013-14 25 Operating Budget of the Department of Emergency Medical Services are hereby 26 transferred to CIP #3-037, "Thalia Station Revitalization and Conversion." Adopted by the Council of the City of Virginia Beach, Virginia on the 2 7th day of May , 2014. APPROVED AS TO CONTENT: )Q Budget and Management Services APPOROVED AS TO LEGAL SUFFICIENCY: CA13025 R-1 May 20, 2014 Item -V-J PLANNING 1. EBENEZER BAPTIST CHURCH 2. CROWN CASTLE USA, INC -32- ITEM #63837 3. HAMPTON ROADS SANITATION DISTRICT 4. MILESTONE COMMUNICATIONS/ HAMPTON ROADS SANITATION DISTRICT 5. TRACYDESJARDINS/RACHEL And JOHN DAVIS 6. VIRGINIA BEACH IL AL INVETORS, LLC/CITY OF VIRGINIA BEACH 7. RODNEY PRICE/DAM NECK CROSSINGS, LLC 8. KOCH DEVELOPMENT CO./ SEA ESCAPE CORPORATION 9. RONALD W. and GWENDOLYN L. DODSON 10. OCEANSIDE BUILDING/SHARON CAREY STREET CLOSURE and MODIFICATION OF CONDITIONAL USE PERMIT RELOCATION OF NONCONFORMING USE CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT MODIFICATION OF PROFFERS CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT SPECIAL EXCEPTION ALT COMPLIANCE And CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING 11. MICHAEL D. SIFEN, INC./KIM CONDITIONAL CHANGE OF GORDON HICKMAN ZONING May 27, 2014 -33 - Item -V-J PLANNING ITEM #63838 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION, BY CONSENT, Items 1, 2(DEFER TO JULY 8, 2014), 3, 4, 5, 6a/b, 7, 8a/b(DEFERRED INDEFINATELY), 9 and 11 of the PLANNING AGENDA. Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 -34 - Item -V-J.1 a/b PLANNING ITEM #63839 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council, APPROVED/CONDITIONED, BY CONSENT Applications of EBENEZER BAPTIST CHURCH at 875 Baker Road DISTRICT 4 — BAYSIDE a. Street Closure on portions of Norwich Avenue, Burma Road and Wesleyan Drive b. Modification of a Conditional Use Permit re expansion of a religious facility (parking lot) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Applications of EBENEZER BAPTIST CHURCH at 875 Baker Road (GPIN 1468059344) DISTRICT 4 — BAYSIDE a. Street Closure on portions of Norwich Avenue, Burma Road and Wesleyan Drive The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The Plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above -stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final Plat is not approved within one (1) year of the City Council vote to close the right-of- way, this approval shall be considered null and void. May 27, 2014 -35 - Item -V-J. l a/b PLANNING ITEM #63839(Continued) b. Modification of a Conditional Use Permit re expansion of a religious facility (parking lot) The following conditions shall be required.• 1. All conditions attached to the Conditional Use Permit granted by City Council on May 25, 1993, remain in effect. 2. With the exception of any modifications required by any of these conditions or as a result of the development Site Plan review, the parking lot addition will be completed in substantial adherence to the submitted Site Plan entitled "CONCEPT PLAN PARKING LOT ADDITION, EBENEZER BAPTIST CHURCH", dated January 27, 2014, and prepared by Gallup Surveyors & Engineers Ltd. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Seventh day of May, Two Thousand Fourteen Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 1 ORDINANCE APPROVING APPLICATION OF 2 EBENEZER BAPTIST CHURCH FOR THE 3 CLOSURE OF A 16,467 SQ. FT. PORTION 4 OF NORWICH AVENUE, WESLEYAN DRIVE 5 AND BURMA ROAD 6 7 WHEREAS, Ebenezer Baptist Church (the "Applicant") applied to the 8 Council of the City of Virginia Beach, Virginia, to have the hereinafter described right -of - 9 way discontinued, closed, and vacated; 10 11 WHEREAS, a portion of the right-of-way property (the "Right -of -Way 12 Property") described below, has remained unimproved and is no longer needed by the 13 City for right-of-way or other purposes; 14 15 WHEREAS, the Right -of -Way Property is located adjacent to the property 16 known as 875 Baker Road (GPIN 1468-05-9344) (the "Church Property") owned by the 17 Applicant; 18 19 WHEREAS, the Applicant desires to combine the Right -of -Way Property 20 with the Church Property in order to allow for additional parking for its patrons; and 21 22 WHEREAS, it is the judgment of the Council that the Right -of -Way 23 Property be discontinued, closed, and vacated, subject to certain conditions having 24 been met on or before one (1) year from City Council's adoption of this Ordinance, and 25 conveyed to Ebenezer Baptist Church in accordance with the conditions set forth below. 26 27 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 28 Virginia Beach, Virginia: 29 30 SECTION I 31 32 That the hereinafter described unimproved right-of-way be discontinued, 33 closed and vacated, subject to certain conditions being met on or before one (1) year 34 from City Council's adoption of this Ordinance: 35 36 All that certain piece or parcel of land situate, lying and being 37 in the City of Virginia Beach, Virginia, designated and 38 described as "(1) AREA = 6,028 SQ.FT./0.138 AC."; "(2) 39 AREA = 7,721 SQ.FT./0.177 AC."; and "(3) AREA = 2,718 40 SQ.FT./0.062 AC." as shown on that certain exhibit entitled 41 "EXHIBIT SHOWING PORTIONS OF NORWICH AVENUE, 42 WESLEYAN DRIVE, AND BURMA ROAD PROPOSED FOR 43 STREET CLOSURE VIRGINIA BEACH, VIRGINIA," Scale: 44 1 "=40', dated December 23, 2013 and last revised February NO GPIN (RIGHT-OF-WAY) ADJACENT TO GPIN: 1468-05-9344 I 45 28, 2014, prepared by Rood Land Surveying, P.C., a copy of 46 which is attached hereto as Exhibit A. 47 48 SECTION II 49 50 The following conditions must be met on or before one (1) year from City 51 Council's adoption of this Ordinance: 52 53 1. The City Attorney's Office will make the final determination 54 regarding ownership of the underlying fee. The purchase price to be paid to the City is 55 normally determined according to the "Policy Regarding Purchase of City's Interest in 56 Streets Pursuant to Street Closures," approved by City Council. Copies of said policy 57 are available in the Planning Department. 58 59 2. The Applicant shall resubdivide the property and vacate internal lot 60 lines to incorporate the closed area into the adjoining parcel. The plat must be 61 submitted and approved for recordation prior to final street closure approval. 62 63 3. The Applicant shall verify that no private utilities exist within the 64 right-of-way proposed for closure. Preliminary comments from the utility companies 65 indicate that there are no private utilities within the right-of-way proposed for closure. If 66 private utilities do exist, easements satisfactory to the utility company must be provided. 67 68 4. Closure of the right-of-way shall be contingent upon compliance 69 with the above stated conditions within 365 days of approval by City Council. If the 70 conditions noted above are not accomplished and the final plat is not approved within 71 one year of the City Council vote to close the right-of-way this approval shall be 72 considered null and void. 73 74 SECTION III 75 76 1. If the preceding conditions are not fulfilled on or before May 26, 2015, 77 this Ordinance will be deemed null and void without further action by the City Council. 78 79 2. If all conditions are met on or before May 26, 2015, the date of final 80 closure is the date the street closure ordinance is recorded by the City Attorney. 81 82 3. The City Manager or his designee is authorized to execute whatever 83 documents are necessary to convey the City's interest in the underlying fee to Ebenezer 84 Baptist Church in accordance with the conditions in Section II, provided said documents 85 are approved by the City Attorney's Office. 86 87 SECTION IV 88 2 89 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 90 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 91 OF VIRGINIA BEACH as "Grantor" and EBENEZER BAPTIST CHURCH, as "Grantee." 92 93 Adopted by the Council of the City of Virginia Beach, Virginia, on this 94 27th day of May , 2014. 95 APPROVED AS TO LEGAL SUFFICIENCY: City Att CA12775 \\vbg o v. com\DFS 1 \Applications\C i ty LawP rod\cy com 32\ W pdocs\D012\P 018\00127954. d o c R-1 5/12/14 3 APPROVED AS TO CONTENT: i' %II Planni gi,Iepartment LOT 115 ?ND LAKE ESTATES 38, PG. 51 & 52) AREA=6,026 SQ.FT./0.138 AC. AREA=7,721 SQ.FT./0.177 AC. AREA=2,718 SQ.FT./0.062 AC. N/F :NEZER BAPTIST CHURCH (M,B. 232. FG. 27) °PIN: 1458- 05-9344 LINE AS SHOWN IN M.B. 232, PG. 27 (EXTENDED) 7' STRIP RESERVED FOR FUTURE RIGHT-OF-WAY 7 (M.B. 232, PG. 27) C2 WESLEYAN (M.@, 113. PTM�RI W1G G. �2) c1 ROOD LINE AS SHOWN IN M.B. 113, PG. 22 (EXTENDED) EXHIBIT SHOWING PORTIONS OF NORWICH AVENUE, WESLEYAN DRIVE, AND BURMA ROAD PROPOSED FOR STREET CLOSURE LAD SURVEYING, P.C. VIRGINIA BEACH, VIRGINIA 5737 BARTEE STREET TEL:(757)466-1111 NORFOLK, VA. 23502 FAX: 757466-9384 SCALE: 1"=40' DA I t: 12/23/2013 REVISED: 01/17/2014 REVISED: 02/28 /201 4 SHEET 1 OF 2 62,639 CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT CHORD BEARING C1 1145.00' 31 1'45" 63.86' 31.94 63.86 S 80'05'08 E C2 1145.00' 2'22'19" 47.40' 23.70' 47.40 S 7718'06" E C3 50.00' 130'38'29" 114,01' 108.81' 90.87 N 3611'30 E C4 87.90' 59'15'56" 90.92' 50.00 86.92' S 58'45'43" E C5 1145.00' 1'43'42" 34.54' 17.27' 34.54' S 76'58'47" E 06 50.00' 131'04'20 ; 114.38' 109.90 91.02' N 35'33'06" E LINE TABLE LINE L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 BEARING DISTANCE N 88'23'41" W j 134.90' N 29'07'45" W 165.84' N 60'52'15" E 20.00' N 60'52'15" E ( 20.00' S 29'07'45" E 237.39' N 29'07'45" W 275.50' N 88'23'41" W 73.27' N 8873'41" W 61.63' 4 N 29'09'47" W N 60'52'15" E I 10.09' 156.42' NOTES: 1) LINE AS SHOWN IN INSTRUMENT #20120307000255930, MAP BOOK 113, PAGE 22 AND AS SCALED FROM PLANS FOR WESLEYAN DRIVE IMPROVEMENTS 2) THIS AREA I5 SHOWN AS PART OF NORWICH AVENUE AS BASED ON INFORMATION PROVIDED IN INSTRUMENT #20120307000255930, MAP BOOK 113, PAGE 22 AND AS SCALED FROM PLANS FOR WESLEYAN DRIVE IMPROVEMENTS. HOWEVER, THIS WOULD MAKE NORWICH AVENUE 50'(+/-) IN WIDTH AND NOT 40'(+/-) IN WIDTH AS SET FORTH IN MAP BOOK 37, PAGE 19 AND IN MAP BOOK 18, PAGE 53. 3) LINE AS SHOWN IN MAP BOOK 37, PAGE 19 AND MAP BOOK 18, PAGE 53. 4) THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A T1TLE REPORT AND MAY NOT SHOW ANY/ALL EASEMENTS OR RESTRICTIONS THAT MAY AFFECT SAID PROPERTY AS SHOWN. ROOD EXHIBIT SHOWNG PORTIONS OF NORWICH AVENUE, WESLEYAN DRIVE AND BURMA ROAD PROPOSED FOR STREET CLOSURE VIRGINIA BEACH, VIRGINIA SURVEYING, P.C. 5737 BARTEE STREET TEL:(757)466-1111 NORFOLK, VA. 23502 FAX:(757)466-9384 DATE: 12/23/2013 REVISED: 01/17/2014 REVISED: 02/28/2014 SHEET 2 OF 2 62,639 Zoning with Conditions/Proffers, Open Space Promotion -36 - Item -V-J.2 PLANNING ITEM #63840 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council DEFERRED TO JULY 8, 2014, BY CONSENT, Application of CROWN CASTLE USA, INC. for a relocation of a Nonconforming Structure re a communication tower at Meadow Ridge Lane (deferred February 25, March 11 and April 8, 2014) DISTRICT 7 - PRINCESS ANNE Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 -37 - Item -V-J.3 PLANNING ITEM #63841 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of HAMPTON ROADS SANITATION DISTRICT (HRSD) for a Conditional Use Permit re a communications tower and developing a "Smart Sewer System" at 645 Firefall Drive DISTRICT 7 — PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of HAMPTON ROADS SANITATION DISTRICT (HRSD) for a Conditional Use Permit re a communications tower and developing a "Smart Sewer System" at 645 Firefall Drive (GPIN 2425308333) DISTRICT 7 — PRINCESS ANNE The following conditions shall be required: 1. The site shall be developed substantially in conformance with the submitted Site Plan entitled "HRSD, Site Name: Atlantic Plant 685 Firefall Drive Virginia Beach, VA 23454," prepared by NB+C Engineering Services, LLC, dated January 14, 2014, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. The tower shall be made available to wireless telecommunication providers for colocations. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Seventh day of May, Two Thousand Fourteen May 27, 2014 -38 - 'tent -V-J.3 PLANNING ITEM #63841(Continued) Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent. Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 -39 - Item -V-J.4 PLANNING ITEM #63842 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of MILESTONE COMMUNICATIONS/ HAMPTON ROADS SANITATION DISTRICT for a Conditional Use Permit re a communications tower at 1434 Air Rail Avenue DISTRICT 4 — BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of MILESTONE COMMUNICATIONS/ HAMPTON ROADS SANITATION DISTRICT for a Conditional Use Permit re a communications tower at 1434 Air Rail Avenue (GPIN 1459941175) DISTRICT 4 — BAYSIDE The following conditions shall be required: 1. The site shall be developed substantially in conformance with the submitted Site Plan entitled "Milestone Communications, Site Name: South Shore Operations 1436 Air Rail Avenue Virginia Beach, VA 23455," prepared by NB+C Engineering Services, LLC, dated March 25, 2014, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. The tower shall be made available to wireless telecommunication providers for colocations. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Seventh day of May, Two Thousand Fourteen Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 -40 - Item -V-J.5 PLANNING ITEM #63843 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED/CONDITIONED, BY CONSENT, Application of TRACY DESJARDINS/RACHEL and JOHN DAVIS for a Conditional Use Permit re a [Child] Daycare Home at 1521 Oak Knoll Lane DISTRICT 1— CENTER VILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of TRACY DESJARDINS/RACHEL and JOHN DAVIS for a Conditional Use Permit re a [Child] Daycare Home at 1521 Oak Knoll Lane (GPIN 1465844768) DISTRICT 1 — CENTERVILLE The, following conditions shall be required: 1. The in-home Family (Child) Daycare shall be limited to a maximum of twelve (12) children, other than children living in the home, and the permitted number of children, based on their ages, shall be set forth by the Virginia Department of Social Services. 2. No more than one (1) person, other than the applicant and immediate family, shall assist with the operation of the Family Daycare Home at any one (1) time. 3. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 4. When the daycare is not open for business, all play equipment associated with the daycare shall be located behind the front facade of the house. 5. A non -illuminated sign, not more than one (1) square foot in area, identifying the daycare, may be mounted flat against the house. 6. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said license in good standing shall result in revocation of this Conditional Use Permit. 7. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for use of the dwelling as a Family (Child) Daycare Home. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Seventh day of May, Two Thousand Fourteen May 27, 2014 -41 - Item -V-J.5 PLANNING ITEM #63843(Continued) Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 -42- Item-V-J.6a/b PLANNING ITEM #63844 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council, APPROVED/PROFFERED, BY CONSENT, Applications of VIRGINIA BEACH IL AL INVESTORS, LLC/CITY OF VIRGINIA BEACH at South Independence Boulevard and Princess Anne Road DISTRICT 1— CENTER VILLE a. Modification of Proffers of a Change of Zoning (approved on February 8, 2011) b. Conditional Use Permit re senior and disabled housing BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Applications of VIRGINIA BEACH IL AL INVESTORS, LLC/CITY OF VIRGINIA BEACH at South Independence Boulevard and Princess Anne Road (GPIN 1485169065) DISTRICT 1 — CENTER VILLE a. Modification of Proffers of a Change of Zoning (approved on February 8, 2011) An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. b. Conditional Use Permit re senior and disabled housing The following conditions shall be required: 1. With the exception of any modifications required by any of these conditions or as a result of development Site Plan review, the site shall be developed substantially in conformance with the Concept Plan entitled "The Crossings At Princess Anne" (the "Concept Plan') prepared by Willmark Engineering, PCL dated January 2014, which Concept Plan has been exhibited to the City Council and is on file in the Department of Planning. 2. The Conditional Use Permit shall be limited to 180 -bed facility. 3. The use of chain link fencing shall be prohibited. 4. The applicant shall work with the Development Services Center 's Landscape Architect to develop a Landscape Plan with acceptable shrub and tree species strategically located within the required twenty (20) foot wide buffer along the northern property line to ensure the long-term visibility of the Green Run Home Association's adjacent open spaces. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Seventh day of May, Two Thousand Fourteen May 27, 2014 -43- Item-V-J.6a/b PLANNING ITEM #63844(Continued) Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Voting Nay. None Council Members Absent: Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 -44 - Item -V-J.7 PLANNING ITEM #63845 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of RODNEY PRICE/DAM NECK CROSSING, LLC for a Conditional Use Permit re motor vehicle (truck and trailer) rentals at 1630 General Booth Boulevard DISTRICT 7 — PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of RODNEY PRICE/DAM NECK CROSSING, LLC for a Conditional Use Permit re motor vehicle (truck and trailer) rentals at 1630 General Booth Boulevard DISTRICT 7 — (GPIN 2415541078) PRINCESS ANNE The following conditions shall be required: 1. No onsite repairs or maintenance of any truck or trailer shall be permitted on this Site. 2. The applicant may store a total of eight (8) trucks or trailers for rent. Parking of the trucks and trailers shall be limited to the rear of the building as called out on the submitted Site Plan exhibit. 3. No trucks or trailers for rent may be parked within any portion of a public right- of-way. 4. All signage related to this use must be in accordance with sign regulations outlined in the Zoning Ordinance. 5. Any truck or trailer over eighteen (18) feet in length shall occupy two (2) adjacent parking spaces which total the minimum dimensions of nine feet (9)' x thirty-six (36) '. 6. The after-hours drop -box shall be located in a well illuminated area. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Seventh day of May, Two Thousand Fourteen May 27, 2014 -45 - Item -V-J.7 PLANNING ITEM #63845(Continued) Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 -46 - Item -VI-K.8a./b PLANNING ITEM #63846 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council, DEFERRED INDEFINATELY, Applications of KOCH DEVELOPMENT CO./SEA ESCAPE CORPORATION at 1701 Atlantic Avenue: DISTRICT 6 — BEACH a. Special Exception for Alternative Compliance to the Oceanfront Resort District Form -Based Code. b. Conditional Use Permit for outdoor recreation Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 -47 - Item -V-J.9 PLANNING ITEM #63847 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED/PROFFERED, BY CONSENT, Application of RONALD W and GWENDOLYN L. DODSON for a Conditional Change of Zoning from R-7.5 Residential to Conditional R -5D Residential for development of single-family dwellings and to `preserve a historic oak tree" at 1652 and 1658 Kempsville Road DISTRICT 1 — CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of RONALD W. and GWENDOLYN L. DODSON for a Conditional Change of Zoning from R-7.5 Residential to Conditional R -5D Residential for development of single-family dwellings and to "preserve a historic oak tree" at 1652 and 1658 Kempsville Road (GPIN 1465143361 & 1465142290) DISTRICT 1 — CENTERVILLE The following condition shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Seventh day of May, Two Thousand Fourteen Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Voting Nay. None Council Members Absent: Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 -48 - Item -V -J.10 PLANNING ITEM #63848 The following individuals registered to speak: Bill Terry, Applicant, 588 Central Drive, Phone: (757) 631-5806, spoke in FAVOR. Alex Fernandez, 2425 Hillcrest Meadows Lane, Phone: (757) 590-9433, spoke in OPPOSITION. Ron Villanueva, spoke in OPPOSITION. Upon motion by Council Lady Henley, seconded by Council Lady Ross -Hammond, City Council DENIED, Application of OCEANSIDE BUILDING/SHARON CAREY for a Conditional Change of Zoning from R-15 Residential to Conditional R-10 Residential at 4157 Indian River Road re development of single-family dwellings DISTRICT 7 — PRINCESS ANNE Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Voting Nay. None Council Members Absent.• Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 -49 - Item -V -J.11 PLANNING ITEM #63849 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED/PROFFERED, BY CONSENT, Application of MICHAEL D. SIFEN, INC./KIM GORDON HICKMAN, HICKMAN PLANTATION SHOPPES, LLC, DOUGLAS C. and GLORIA J. BOND HICKMAN and MARY HUNTER HICKMAN for a Conditional Change of Zoning from R-20 Residential to Conditional B-2 Community Business to be conducted at the "Hickman Historic House" at 2176, 2180, 2208 General Booth Boulevard DISTRICT 7 — PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of MICHAEL D. SIFEN, INC./KIM GORDON HICKMAN, HICKMAN PLANTATION SHOPPES, LLC, DOUGLAS C. and GLORIA J. BOND HICKMAN and MARY HUNTER HICKMAN for a Conditional Change of Zoning from R-20 Residential to Conditional B-2 Community Business to be conducted at the "Hickman Historic House" at 2176, 2180, 2208 General Booth Boulevard (GPINs 2414144511; 2414173206; 2414172167; 2414170309; 2414077143)DISTRICT 7 — PRINCESS ANNE The following conditions shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Seventh day of May, Two Thousand Fourteen May 27, 2014 -50 - Item -V -J.11 PLANNING ITEM #63849(Continued) Voting: 8-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. James L. Wood Council Members Abstaining: Brad Martin May 27, 2014 BRAD MARTIN, P.E. COUNCILMAN - AT LARGE In Reply Refer to 0052138 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 City of Virinia- Beach May 27, 2014 Re: Abstention Pursuant to Section 2.2-3115(F), Code of Virginia Dear Mrs. Fraser: VBgov.com PHONE: (757) 689-4840 CELL: (757) 574-5454 BMartin@vbgov.com Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(F), Code of Virginia, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Michael D. Sifen, Inc. (Applicant) for a conditional change of zoning at 2176, 2180, and 2208 General Booth Boulevard. 2. Martin Engineering, LLC is the engineer for this project. 3. I have a personal interest in Martin Engineering, LLC, which is located at 1060 Lynnhaven Parkway, Suite 111, Virginia Beach, VA 23452. 4. I wish to disclose this interest and abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. 2401 COURTHOUSE DRIVE, SUITE 281, VIRGINIA BEACH, VA 23456 I Mrs. Ruth Hodges Fraser -2- May 27, 2014 Re: Abstention Pursuant to Section 2.2-3115(F), Code of Virginia Sincerely, Fr°/' Brad D. Martin Councilmember BDM/RRI I -51- ITEM V -K APPOINTMENTS ITEM #63850 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: TOWING ADVISORY BOARD WETLANDS BOARD 2040 VISION TO ACTION COMMUNITY COALITION May 27, 2014 -52 - ITEM V -L APPOINTMENTS ITEM #63851 Upon NOMINATION by Council Lady Henley, City Council REAPPOINTED: GEORGE DENISE JOSIE SPRAGUE Three Year Term 04/01/2014 — 03/31/2017 CLEAN COMMUNITY COMMISSION Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Cozincil Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 -53 - ITEM V -L APPOINTMENTS ITEM #63852 Upon NOMINATION by Council Lady Henley, City Council APPOINTED: L. DENISE CUFFEE Unexpired term thru 12/31/2015 plus three years to 12/31/2018 COMMUNITY SERVICES BOARD Voting. 9-0 Council Members Voting Aye: Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 -54 - ITEM V -L APPOINTMENTS ITEM #63853 Upon NOMINATION by Council Lady Henley, City Council APPOINTED: KENNETH D. JOBE Unexpired term thru 12/31/2014 plus one year to 12/31/2015 GREEN RIBBON COMMITTEE Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 -55 - ITEM V -L APPOINTMENTS ITEM #63854 Upon NOMINATION by Council Lady Henley, City Council APPOINTED: SHAINA MOONDRA, Junior Student Bayside High School Two year term 09/01/2014 — 06/30/2016 PARKS AND RECREATION COMMISSION Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 -56 - ITEM V -L APPOINTMENTS ITEM #63855 Upon NOMINATION by Council Lady Henley, City Council REAPPOINTED: RICHARD "TUCK" BOWIE LILLIE R. GILBERT $ ty&fl e ITi�� Three year term 06/01/2014 — 05/31/2017 OPEN SPACE ADVISORY COMMITTEE Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent.• Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 -57 - ITEM V -L APPOINTMENTS ITEM #63856 Upon NOMINATION by Council Lady Henley, City Council APPOINTED: NORMA BRUMAGE Four year term 07/01/2014 — 06/30/2018 SOCIAL SERVICES BOARD Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 -58 - ITEM V -L APPOINTMENTS ITEM #63857 Upon NOMINATION by Council Lady Henley, City Council REAPPOINTED: COUNCIL LADY AMELIA ROSS-HAMMOND One year term 04/01/2014 — 03/31/2015 THE PLANNING COUNCIL Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent. Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 -59 - ITEM V -L APPOINTMENTS ITEM #63858 Upon NOMINATION by Council Lady Henley, City Council REAPPOINTED: CONNIE A. MEYER Four year term 07/01/2014 — 06/30/2018 TIDEWATER COMMUNITY COLLEGE Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent.• Mayor William D. Sessoms, Jr. James L. Wood May 27, 2014 1 -60- Item -V-L UNFINISHED BUSINESS ITEM #63859 May 27, 2014 -61 - Item -V-M ADJOURNMENT ITEM #63860 Vice Mayor Louis R. Jones, DECLARED the City Council Meeting ADJOURNED at 6:36 P.M. Amanda Finley -Barnes, CMC Chief Deputy City Clerk Louis R. Jones Vice Mayor Ruth Hodges Fraser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia May 27, 2014