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Home My WebLink AboutNOVEMBER 26, 1996 MINUTES "f N7i@wilt-ii" "WORLD'S LARGEST RESORT Cr"" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR WILLIAM D. SESSOMS, Jr., At-Large JOHN A. BAUM, Blackwater Borough LINWOOD O. BRANCH, III, Virginia Beach Borough WILLIAM W. HARRISON JR., Lynnhaven Borough HAROLD HEISCHOBER, At-Large BARBARA M. HENLEY, Pungo Borough LOUIS R. JONES, Bayside Borough REBA S. McCLANAN, Princess Anne Borough NANCY K. PARKER, At-Large LOUISA M. STRAYHORN, Kempsville Borough 17 Y HAI I RLJIU)INI@ JAMES K. SPORE, City Manager CITY COUNCIL AGENDA 2@l (:OtJRIHOU,@E I)RIVL LESLIE L. LILLEY, City Attorney VIRGINIABEA(:II IR61NIA2@?4@,W@ RUTH HODGES SMITH, CMC/AAE, City Clerk 7'7 127131,@ November 26, 1996 I. CITY MANAGER'S BRIEFING - Conference Room - 2:30 PM A. LIGHT RAIL Jayne Whitney, Program Management Manager, TRT II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL CONCERNS IV. INFORMAL SESSION - Conference Room - 3:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Donnie Lockheart Tidewater Evangelical Free Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS 12,1996 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA PUBLIC HEARING 1. ACQUISITION OF AGRICULTURAL LAND PRESERVATION EASEMENTS - Installment Purchase Agreements - ARP J. ORDINANCES 1. Ordinances to authorize the acquisition of Agricultural Land Preservation Easements (ARP) from Joseph W. Freeman, Jr. and Mary E. Freeman and the issuance by the City of its contract obligations: a. Installment Purchase Agreement No. 1996-3 - $ 469,941 b. Installment Purchase Agreement No. 1996-4 - $ 147,655 2. Ordinance to AMEND Section 35-66 of the City Code re applications for exemption, deferral or freezes of real estate taxes for senior citizens and disabled persons by permitting use of written statements. 3. Ordinances re Virginia Beach Public Schools: a. Cooperative Agreement between City Council and the Virginia Beach School Board re providing legal services to the Board by the Office of the City Attorney in FY 1996-1997. b. APPROPRIATE $39,519 in unappropriated School CIP funds; and, TRANSFER $85,481 between various school capital projects re a study of possible Technical and Career Education Center. 4. Ordinance to authorize acquisition of property, by purchase or condemnation, including temporary and permanent easements in fee simple for right-of-way of Phoenix Drive and Sabre Street signalization (CIP 2-285.89) re the second phase of the City's Traffic Safety Improvement program (LYNNHAVEN BOROUGH). 5. Ordinance to ACCEPT and APPROPRIATE $40,000 from the Virginia Commonwealth Transportation Board to the Department of Planning and Community Development's FY 1996-1997 Operating Budget; TRANSFER $10,000 from within the General Fund for the required match to continue the third year of the Transportation Efficiency Improvement Program and the temporary full-time position. 6. Ordinance to ACCEPT and APPROPRIATE a $23,800 fuel grant from the Virginia Department of Transportation (VDOT) to the Department of General Services' FY 1996-1997 Operating Budget for an alternative fuel project re conversion of four vehicles to compressed natural gas; Authorize City Manager to execute an Agreement for Services with VDOT for participation; and, estimated revenue from the Commonwealth be increased accordingly. 7. Ordinance to ACCEPT and APPROPRIATE a $20,000 grant from the Virginia Department of Environmental Quality to the Department of Planning re coordinating the construction of six Chesapeake Bay Watershed Habitat Conservation and Restoration implementation Projects; TRANSFER $11,000 from the FY 1996- 1997 General Fund Reserve to the Department of Planning for a required cash match; and, estimated revenue from the Commonwealth be increased accordingly. 8. Ordinance to ACCEPT and APPROPRIATE a $6,500 grant from the Virginia Department of Forestry to the Department of Planning re development of an urban forestry education and awareness program, purchase of urban forestry computer software, related training for staff and purchase of supplies to support volunteer urban forestry efforts; TRANSFER a $1.500 arant match from the Fiscal Year 1996-1997 General Fund Reserve to the Department of Planning; and, estimated revenue from the Commonwealth be increased accordingly. 9. Ordinance to TRANSFER $3,323 from the General Fund Reserve for Contingencies re reimbursing the Water and Sewer Fund, as a charitable gift to Habitat for Humanity, for the costs of water and sewer fees for the single-family dwelling at 1141 Beautiful Street (LYNNHAVEN BOROUGH). (Sponsored by Vice Mayor W. D. Sessoms, Jr.) 10. Ordinances to declare certain property of the City of Virginia Beach on Independence Boulevard as EXCESS PROPERTY; and, authorize City Manager to advertise for public bids (KEMPSVILLE BOROUGH): a. 91,950 square feet (2.11 acres) Parcel 5, as shown on plat entitled "Plat showing resubdivision of Lots 35, 36, 37 and 37A Parcel 5" at intersection of Holland Road and Independence Boulevard. b. 47,026 square feet (1.08 acres) Parcel 4, as shown on plat entitled "Plat showing resubdivision of Lots 11, 12 and 13, Parcel 4" on Independence Boulevard. 11. Ordinance to appoint viewers in the petition of C & C Development, L.L.C. for the discontinuance, closure and abandonment of a nortion of Pleasure House Road South of the intersection of Independence Boulevard and Pleasure House Road (BAYSIDE BOROUGH). 12. Ordinances to authorize: a. License Refunds $4,806.67 b. Special Tax Refunds $ 147.00 K. PUBLIC HEARING - PLANNING 7:00 PM PLANNING BY CONSENT - To be determined during the Agenda Review Session. 1. NO ACTION ITEMS Deferred by Planning Commission for 30-Days a. Application of DEVELOPMENT OPTIONS, INC., for a Change of Zoning District Classification from R-5D Residential Duplex District to Conditional B-2 Community Business District at the Northeast intersection of Lynnhaven Parkway and Salem Road, containing 5.17 acres (KEMPSVILLE BOROUGH). b. Application of ROLLINGWOOD, L.L.C., at the Southeast and Northeast intersections of Holland Road and Ferrell Parkway (2400 Holland Road), containing 101 acres, more or less (PRINCESS ANNE BOROUGH): (1) Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to R-7.5 Residential District. (2) Conditional Use Permit for a private school. 2. Application of SHIRLEY D. CAHOON for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision meet all requirements of the City Zoning Ordinance at 4529 Black Cove Road (BAYSIDE BOROUGH). Recommendation: APPROVAL 3. Application of A. A. ENTERPRISES for a Conditinnal Use Permit for auto auction on the West side of South Military Highway, North of Providence Road (975 South Military Highway), containing 4.5 acres more or less (KEMPSVILLE BOROUGH). Recommendation: APPROVAL 4. Application of Q.E.D. SYSTEMS, INC. for a change of Zoning District Classification from B-2 Community Business District to O-2 Office District at the Northeast corner of Ferry Plantation Road and Westgrove Road (1064 Ferry Plantation Road), containing 1 acre (BAYSIDE BOROUGH). Recommendation: APPROVAL L. APPOINTMENTS BOARD OF BUILDING CODE APPEAL CHESAPEAKE BAY PRESERVATION BOARD COMMUNITY POLICY & MANAGEMENT TEAM - (CASA At-Risk) COMMUNITY SERVICES BOARD EROSION COMMISSION FRANCIS LAND HOUSE BOARD OF GOVERNORS HEALTH SERVICES ADVISORY BOARD RESORT AREA ADVISORY COMMISSION (RAAC) SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) VIRGINIA BEACH FOUNDATION, INC. M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT DECEMBER CITY COUNCIL MEETINGS DECEMBER 3, 1996 2:00 PM DECEMBER 17, 1996 2:00 PM If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 11/22/96BAP AGENDA\11-26-96.PLN 2. Application of SHIRLEY D. CAHOON for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision meet all requirements of the City Zoning Ordinance at 4529 Black Cove Road (BAYSIDE BOROUGH). Recommendation: APPROVAL 3. Application of A. A. ENTERPRISES for a Conditional Use Permit for auto auctions on the West side of South Military Highway, North of Providence Road (975 South Military Highway), containing 4.5 acres more or less (KEMPSVILLE BOROUGH). Recommendation: APPROVAL 4. Application of Q.E.D. SYSTEMS, INC. for a Change of Zoning District Classification from B-2 Community Business District to O-2 Office District at the Northeast corner of Ferry Plantation Road and Westgrove Road (1064 Ferry Plantation Road), containing 1 acre (BAYSIDE BOROUGH). Recommendation: APPROVAL L. APPOINTMENTS BOARD OF BUILDING CODE APPEALS CHESAPEAKE BAY PRESERVATION BOARD COMMUNITY POLICY & MANAGEMENT TEAM - (CASA At-Risk) COMMUNITY SERVICES BOARD EROSION COMMISSION FRANCIS LAND HOUSE BOARD OF GOVERNORS HEALTH SERVICES ADVISORY BOARD RESORT AREA ADVISORY COMMISSION (RAAC) SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) VIRGINIA BEACH FOUNDATION, INC. M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT DECEMBER CITY COUNCIL MEETINGS DECEMER 3, 1996 2:00 pH DECEMBER 17, 1996 2:00 pH If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERKIS OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 11/22/96BAP AGENDA\11-26-96.PLN M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 26, 1996 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING to the VIRGINIA BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, November 26, 1996, at 2:30 P.M. Council Members Present: John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Barbara M. Henley, Louis P, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Vice Mayor William D. Sessoms, Jr. and Louisa K Strayhorn Council Members Absent: Harold Heischober [ABSENT DUE TO ILLNESS] Nancy K Parker [EA7ERFD. 2:40 P.M.] - 2 - CITY MANAGEAS BRIEFING LIGHT RAIL 2:30 PM. ITEM # 41428 Jayne Whitney, Program Management Manager, Tidewater Regional Transit, referenced the letter of October 11, 1996, from TRT. City Council on July 9, 1996, requested the Major Investment Study for the Route 44/I-264 Corridor (TTDC Light Rail) be modified as follows: 1. The Major Investment Study (MIS) is modified to include alternative connections to the Norfolk Airport and Norfolk Naval Base. 2. The City of Norfolk by resolution of its Council, concurs in this modification and approves inclusion of light rail service to the Norfolk Airport and NorfoLk Naval Base. 3. Tidewater Transportation District Commission (TTDC) agrees that acquisition of right-of-way for the connections to the Norfolk Airport and Norfolk Naval Base will be included in Phase I of any project. 4. TTDC agrees to include elevated grade crossing assessments for all major intersections along the light raillvirginia Beach - NorfoLk Corridor in the Draft Environmental Impact Statement (DEIS). Tidewater Regional Transit has addressed these issues. Dennis Prodst, BRW, Inc., provided details relative the Technical Memorandum: Naval Base Connection Alternatives for Light Rail Transit. This memorandum summarizes the LRT alignment alternatives for the north-south segment of the Norfolk-Virginia Beach Corridor MIS. The LRT Alignment Alternatives for the connection to the Naval Base, selected for evaluation, include the following: Alternative A - Hampton Boulevard Alternative B - Colley Avenue Alternative C - Monticello Avenue/Granby Street Alternative D - Norfolk Southern Railroad Right-Of-Way Alternative E - I-64 Alternative F - Military Highway There are approximately 64,000 individuals who make trips into this area, a very significant number come from Virginia Beach. Fundamentally the physical impacts were examined. Alternatives A, B and C would be logical continuations of the LRT segment between downtown Norfolk and Virginia Beach. These two alignments would allow the most efficient LRT operation, since one continuous line would be provided that would serve all major destinations at the same frequency, rather than a bifurcated line with different endpoints, and different service frequencies as compared to the trunk Alternatives D, E. and F would provide fr-equent service along each branch although service frequency on the common segment would be the same as for Alternatives A, B and C. Jane Whitney referenced the NorfoLk Southern LRT alignment. The City Council had been concerned with the relationship with Norfolk/Southern and the use of the right-of-way between Norfolk and Virginia Beach. A signed letter of agreement between Tidewater Transportation District Commission and Norfolk Southern Railway Company outlining certain preliminary understandings is hereby made part of the record. In essence, Norfolk Southern has agreed to sell the right-of-way and TTDC will operate a freight service, contract with a shortline carrier and maintain the line. The freight customer, Vulcan Materials, has been contacted and is willing to change their delivery hours. This will be part of the negotiation of the freight service. Other freight customers will be contacted once TTDC moves into the next phase. Norfolk Southern has two main lines and they are interested in having the City provide an emergency connector between their two main lines. @e,mber 26, 1996 - 3 - CITY MANAGER'S BRIEFING LIGHT RAIL ITEM # 41428 (Continued) A Resolution adopted by the Council of the City of Norfolk concurs to the modifications to the Major Investment Study to Include abornative connections to the Naval Base and the Norfolk Airport and to acquire the right-of-way for these connections in the first phase of the fog project. TTDC agrees to the right-of-way acquisition, as well as the request by the Virginia Beach Council to include elevated grade crossing assessments along the fight rail corridor in the Preliminary Engineering/Draft/Final Environmental Impact Statement Geometric improvements can be part of the project. Dennis Prodst advised travel to the Naval Base is much more peak hour oriented than other travel in the region. The current daily ridership forecasts from the oceanfront segment into downtown Norfolk are 13,000 to 15,500. 13% of the Chesapeake residents travel to the Naval Base. Right-of-Way and Constructions Costs (1991 Estimate) Alternative A: $175-MILLION Alternative B: $175-MILLION Alternative C: $175-MILLJON Alternative D: $135-MILLION (ROW acquisition will be significant) Alternative E: $150-MILLION ($260 if HOV Reimbursement required. Alternative F. $165-MILLION Ihe actual total of Federal contributions would be slightly over 40%. Jayne Whitney displayed a conceptional design of a station. The majority of the stations will have a combination of park-n-ride capabilities as well as bus commuter service. The only exceptions would currently be the Birdneck Station and the stations in downtown Norfolk. Mrs. Whitney introduced Commander Kenneth G. Moncayo, Naval Base. A letter supporting the project has been received from Admiral Cole in charge of all the facilities on the East Coast. They are anxious to have the Naval Base connection. Admiral Zimmer, new Naval Base Commander, is very interested in this light rail connection. A dedicated funding source makes a very significant difference in terms of the ability of planning for the future and making sure the system is reliable. Ihe financial plan prepared came from the Legislative Study Committee and the two candidates examined in detail were a retail sales tax of 1/2% and a 2% gas tax. $376.5-MILLION is the estimated total cost to acquire right-of-way and construct the 18 1/4 mile segment from downtown Norfolk to the Pavilion. Approximately 20% increase in this cost would be required for the crossovers. It would cost approximately $200-MILLION to construct the connection to the Naval Base in Norfolk Ihe projected fares are $1.25. November 26, 1996 - 4 - AGENDA REVIEW SESSION 4:00 PM. ITEM # 41429 Council Members Jones and Baum and City Manager Spore referenced the Water Task Force's addition of a new item under New Business: Resolution urging the Suffolk City Council to approve the applications of the City of Norfolk for Conditional Use Permits for Lake Gaston related improvements to those portions of the Norfolk Water Supply System located within the City of Suffolk. ITEM # 41430 Council Lady McClanan advised she would vote a VERBAL NAY on Item J.1a/b. BY CONSENSUS, the following items shall compose the CONSENT AGENDA: ORDINANCES J.1 Ordinances to authorize the acquisition of Agricultural Land Preservation Easements (ARP) from Joseph W.Freeman, Jr. and Mary E. Freeman and the issuance by the City of its contract obligations: a. Installment Purchase Agreement No. 1996-3 $ 469,941 b. Installment Purchase Agreement No. 1996-4 $ 147,655 J.2 Ordinance to AMEND Section 35-66 of the City Code re applications for exemption, deferral or freezes of real estate taxes for senior citizens and disabled persons by permitting use of written statements. J.3 Ordinances re Virginia Beach PubLic Schools: a. Cooperative Agreement between City Council and the Virginia Beach School Board re providing legal services to the Board by the Office of the City Attorney in FY 1996-1997. b. APPROPRIATE $39,519 in unappropriated School CIP funds; and, TRANSFER $85,481 between various school capital projects re a study of possible Technical and Career Education Center. J.4 Ordinance to authorize acquisition of properly, by purchase or condemnation, including temporary and permanent easements in fee simple for right-of-way of Phoenix Drive and Sabre Street signalization (CIP 2-285.89) re the second phase of the City's Traffic Safety Improvement program (LYNNHAYEN BOROUGH). J.5 Ordinance to ACCEPT and APPROPRIATE $40,000 from the Virginia Commonwealth Transportation Board to the Department of Planning and Community Development's FY 1996-1997 Operating Budget; TRANSFER $10,000 from within the General Fund for the required match to continue the third year of the Transportation Efficiency Improvement Program and the temporary full-time position. November 26, 1996 - 5 - AGENDA AEVIEW SESSION ITEM # 41430 (Cmtdnued) J.6 Ordinance to ACCEPT and APPROPRIATE a $23,800 fuel grant from the Virginia Department of Transportation (VDOT) to the Department of General Services' FY 1996-1997 Operating Budget for an alternative fuel project re conversion of four vehicles to compressed natural gas; Authorize City Manager to execute an Agreement for Services with VDOT for participation; and estimated revenue from the Commonwealth be increased accordingly. J.7 Ordinance to ACCEPT and APPROPRIATE a $20,000 grant from the Virginia Department of Environmental Quality to the Department of Planning re coordinating the construction of six Chesapeake Bay Watershed Habitat Conservation and Restoration Implementation Projects; TRANSFER $11,000 from the FY 1996-1997 General Fund Reserve to the Department of Planning for a required cash match; and estimated revenue from the Commonwealth be increased accordingly. J.8 Ordinance to ACCEPT and APPROPRIATE a $6,500 grant from the Virginia Department of Forestry to the Department of Planning re development of an urban forestry education and awareness program, purchase of urban forestry computer software, related training for staff and purchase of supplies to support volunteer urban forestry efforts; TRANSFER a $1,500 grant match from the Fiscal Year 1996-1997 General Fund Reserve to the Department of Planning; and estimated revenue from the Commonwealth be increased accordingly. J.9 Ordinance to TRANSFER $3,323 from the General Fund Reserve for Contingencies re reimbursing the Water and Sewer Fund, as a charitable gift to Habitat for Humanity, for the costs of water and sewer fees for the single-family dwelling at 1141 Beautiful Street (LYNNHAVEN BOROUGH). (Sponsored by Vice Mayor W D. Sessoms, Jr.) J10 Ordinances to declare certain property of the City of Virginia Beach on Independence Boulevard as EXCESS PROPERTY, and, authorize City Manager to advertise for public bids (KEMPSVILLE BOROUGH): a. 91,950 square feet (2.11 acres) Parcel 5, as shown on plat entitled 'Plat showing resubdivision of Lots 35, 36, 37 and 37A Parcel 5" at intersection of Holland Road and Independence Boulevard. b. 47,026 square feet (1.08 acres) Parcel 4, as shown on plat entitled "Plat showing resubdivision of Lots 11, 12 and 13, Parcel 4" on Independence Boulevard. J11 Ordinance to appoint viewers in the petition of C & C Development, L.L.C. for the discontinuance, closure and abandonment of a portion of Pleasure House Road South of the intersection of Independence Boulevard and Pleasure House Road (BAYSIDE BOROUGH). J12 Ordinances to authorize: a. License Refunds $4,806.67 b. Special Tax Refunds $ 147.00 November 26, 1996 - 6 - AGENDA REVIEW SESSION ITEM # 41431 Council Ladies Parker and McClanan expressed concern relative the amplified sound. This item will be discussed during the Formal Session: K.3 Application of A. A. ENTERPRISES for a Permit for auto auctions on the West side of South Military Highway, North of Providence Road (975 South Military Highway), containing 4.5 acres more or less (KEMPSVILLE BOROUGH). ITEM # 41432 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: K.2 Application of SHIRLEY D. CAHOON for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision meet all requirements of the City Zoning Ordinance at 4529 Black Cove Road (BAYSIDE BOROUGH). K.4 Application of Q.E.D. SYSTEMS, INC. for a Change ef Zoning District Classification from B-2 Community Business District to O-2 Office District at the Northeast corner of Ferry Plantation Road and Westgrove Road (1064 Ferry Plantation Road), containing 1 acre (BAYSIDE BOROUGH). November 26, 1996 - 7 - CITY COUNCIL CONCERNS 4:07 PM. ITEM # 41433 Council Lady Henley referenced the Indian River Plantation development at the corner of West Neck and Indian River Road. Citizens have inquired relative the golf course. Council Lady Henley was provided with copies of Minutes advising the history of this item. The golf course was withdrawn and the zoning reverted back to AG-1 and AG-2. There was then a subsequent rezoning which allowed the development now occurring Council Lady Henley was concerned with the ability of the very narrow Indian River Road to handle this trafflc from this additional development. There was a pro rata cost amount required for each of the residential lots re improvements to the roads. The City Manager shall have a report provided relative the conformity and impacts on Indian River Road to these conditions and if these pro rata costs are being collected. ITEM # 41434 Council Lady Parker referenced the Memorandum from David Sullivan, Director - Information Technology, relative the networking computers for City Council and the addition of the City Manager, City Attorney and City Clerk. BY CONSENSUS, City Council concurred in moving forward with the technology. November 26, 1996 - 8 - ITEM # 41435 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGlNIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, November 26, 1996, at 4:10 P.M. Council Members Present.- John A. Baum, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Absent: Linwood 0. Branck III, William W. Harrison, Jr. and Harold Heischober November 26, 1996 - 9 - ITEM # 41436 Mayor Meyera F, Oberndorf, entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, prromotion, performance, demotion, salaries, disciplining, or resignation of specific public offtcers, appointees, or employees pursuant to Section 2.1-344 (A) (1). TO Wit. Appointments - Boards and Commissions: Board of Building Code Appeals Bond Referendum Committee Chesapeake Bay Preservation Board Community Policy & Management Team Community Services Board Erosion Commission Francis Land House Board of governors Health Services Advisory Board Resort Area Advisory Commission Southeastern Public Service Authority Virginia Beach Community Development Corporation Virginia Beach Foundation, Inc. PUBLICLY-HELD PROPERTY.- Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition ofpublicly-held property, or of plans for the future of an institution which could affect the value ofproperly owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). To-Wit: Acquisition: Virginia Beach Borough Bayside Borough LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1 -344(A)(7). To-Wit: Contractual Negotiations - Sports Arena Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council voted to proceed into EXECUTIVE SESSION. Voting: 8-0 Council Members Voting Aye: John A. Baum, Barbara M. Henley, Louis R. Jones, Reba S McCianan, Mayor Meyera E. Oberndorf Nancy K Parker, Face Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent.- Linwood 0. Branch, III, William W Harrison, Jr and Harold Heischober November 26, 1996 - 10 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL November 26, 1996 6.00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, N6vember 26, 1996, at 6:00 P.M. Council Members Present: John A. Baum, Linwood 0. Branc;; III, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McCianan, Mayor Meyera E. Obemdgrf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhom Council Members Absent: Harold Heischober INYOCATION.- Ruth Hodges &nttk CMCIAAE City Clerk November 26, 1996 Item V-E CERTIFICATION OF EXECUTIVE SESSION ITEM # 41437 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION To RECESS. Only public business matters exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business mauers as were identified in &he motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: John A. Bawn, Linwood 0. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R Jones, Reba E McClanan, Mayor Meyera E. Obemdorf Nancy K Parker, Trice Mayor William D. Sessoms, Jr. and Louisa K Strayhorn Council Members Voting Nay: None Council Members Absent.- Harold Heischober November 26, 1996 Resolution CERTTFICAIION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 41436 Page No. 9 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Ruth Hodgcs Smith, CMC/AAE City Clerk November 26, 1996 - 12 - Item V-F.1 MINUTES ITEM # 41438 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of November 12, 1996. Voting: 10-0 Council Members Voting Aye: @n A. Baum, Linwood 0. Branch, 111, William W Harrison, Jr., Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa K .5trayhorn Council Members Voting Nay: None Council Members Absent.- Harold Heischober November 26, 1996 - 13 - item V-G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 41439 BY CONSENSUS, City Council ADOPTED. AGENDA FOR THE FORMAL SESSION With the addition of an item under NEW BUSINESS: Resolution urging the Suffolk City Council to approve the applications of the City of NorfoLt for Conditional Use Permits for Lake Gaston related improvements to those portions of the NorfoLk Water Supply System located within the City of Suffolk. November 26, 1996 - 14 - Itein V-G.Z ANNOUNCEMENT ITEM # 41440 Mayor Oberndorf advised the City of tlrginia Beach has been designated by MONEY MAGAZINE: SIXTH SAFEST CITY IN AMERICA. An award and letter from Frank Lalli, Managing Editor of Money Magazine was received. the top ten cities overall are: Amhurst, New York Thousand Oaks, California Irvine, California Simi Valley, California Sunnyvale, California Virginia Beach, Virginia Livonia, Michigan Plano, Texas Madison, Wisconsin Mesquite, Texas the City of Virignia Beach was ranked FIRST among cities of 200,000 - 700,000 population. November 26, 1996 - 15 - Item V-H. PUBLIC HEARING ITEM # 41441 Mayor Oberndorf DECIARED A PUBLIC HEARING: ACQUISITION OF AGRICULTURAL LAND PRESERVATION EASEMENTS Installment Purchase Agreements - ARP There being no speakers, Mayor Obemdorf CLOSED THE PUBLIC HEARING. November 26, 1996 - 16 - item V-J. CONSENT AGENDA ORDINANCES ITEM # 41442 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED BY CONSENT in ONE MOTION Items 1, 2, 3, 4, 5, 6, 7, 8, 9 10, 11 and 12. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branci% III, William W. Harrison, Jr., Barbara M. Henley, Louis R Jones, Reba S McCianan *, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhom Council Members Voting Nay: None Council Members Absent: Harold Heischober *Council Lady McClanan VOTED A VERBAL NAY ON Item 1.a.b. November 26, 1996 - 17 - Item V-J.1. a/b. ORDINANCES ITEM # 41443 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinances to authorize the acquisition of Agricultural Land Preservation Easements (ARP) from Joseph W. Freeman, Jr. and Mary E. Freenwn and the issuance by the City of its contract obligations: a. Instathnent Purchase Agreement No. 1996-3 $ 469,941 b. Installment Purchase Agreement No. 1996-4 $ 147,655 Assistant Attorney Macali advised relative the home farm, the purchase price is $469,941; however, the cost of purchasing the strips, which fund the principal obligation would be "$90,600". The purchase price of the other farm is $147,655 and the cost of the treasury strips is "$28,468". Voting: 9-1 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branci4 III, William W. Harrison, Jr., Barbara M. Henley, Louis R Jones, Mayor Meyera E. Oberndo?f Nancy K Parker, ;rice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Reba S. McCianan Council Members Absent. Harold Heischober November 26, 1996 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 5 $469,941. 6 WHEREAS, pursuant to the Agricultural Lands Preservation 7 Ordinance (the "Ordinance"), Appendix J of the Code of the City of 8 Virginia Beach, there has been presented to the City Council for 9 approval an Installment Purchase Agreement for the acquisition of 10 the Development Rights (as def ined in the Installment Purchase 11 Agreement, a true copy of which is hereto affixed) on certain 12 property located in the City and more fully described in Exhibit B 13 of the Installment Purchase Agreement for a purchase price of 14 $469,941; and 15 WHEREAS, the aforesaid Development Rights shall be 16 acquired through the acquisition of a perpetual agricultural land 17 preservation easement, as defined in, and in compliance with, the 18 requirements of the Ordinance; and 19 WHEREAS, the City Council has reviewed the proposed terms 20 and conditions of the purchase as evidenced by the Installment 21 Purchase Agreement; 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 23 CITY OF VIRGINIA BEACH, VIRGINIA: 24 1. The City Council hereby determines and finds that 25 the proposed terms and conditions of the purchase of the 26 Development Rights pursuant to the Installment Purchase Agreement, 27 including the purchase price and manner of payment, are fair and 28 reasonable and in furtherance of the purposes of the Ordinance, and 29 the City Manager is hereby authorized to approve, upon or before 30 the execution and delivery of the Installment Purchase Agreement, 31 the rate of interest to accrue on the unpaid principal balance of 32 the purchase price set forth hereinabove as the greater of 6.00% 33 per annum or the per annum rate which is equal to the yield on 34 United States Treasury STRIPS purchased by the City to fund such 35 unpaid principal balance; provided, however, that such rate of 36 interest shall not exceed 7.50% unless the approval of the City 37 Council by resolution duly adopted is first obtained. 38 2. The City Council hereby further determines that 39 funding is available for the acquisition of the Development Rights 40 pursuant to the Installment Purchase Agreement on the terms and 41 conditions set forth therein. 42 3. The City Council hereby expressly approves the 43 Installment Purchase Agreement in the form and substance presented 44 at this meeting and, subject to the determination of the City 45 Attorney that there are no defects in title to the property or 46 other restrictions or encumbrances thereon which may, in the 47 opinion of the City Attorney, adversely affect the City's 48 interests, authorizes the City Manager to execute and deliver the 49 Installment Purchase Agreement in substantially the same form and 50 substance as presented at this meeting with such minor 51 modifications, insertions, completions or omissions which do not 52 materially alter the purchase price or manner of payment, as the 53 City Manager shall approve. The City Council further directs the 54 City Clerk to affix the seal of the City to, and attest same on, 55 the Installment Purchase Agreement. The City Council expressly 56 authorizes the incurrence of the indebtedness represented by the 57 issuance and delivery of the Installment Purchase Agreement. 58 4. The City Council hereby elects to issue the 59 indebtedness under the Charter of the City rather than pursuant to 60 the Public Finance Act of 1991 and hereby constitutes the 61 indebtedness a contractual obligation bearing the full faith and 62 credit of the City. 63 Adopted by the Council of the City of Virginia Beach, 64 Virginia, on this 26th day of November, 1996. 65 Adoption requires the affirmative vote of a majority of 66 all members of the City Council. 67 CA-96-6480 68 wmordres\freemani.orn 69 11-14-96 - R-1 70 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL 41 71 72 1 7;1, 7Z;- 73 Bicultural Depart&ent LawDepartm6nt 74 CERTIFIED AS TO A@LABILITY OF FUNDS: 75 76 city 6i@V,4,i@r,!g@,i,nia ',Be,a,Cch, 'VA, Director o Finance 2 JOSEPH W. FREEMAN, Jr. and MARY E. FREEMAN Husband and Wife the 'Seller" and CITY OF VIRGINIA BEACH, VIRGINIA the "City" INSTALLMENT PURCHASE AGREEMENT (Agreement No. 1996-3) TABLE OF CONTENTS (This Table of Contents is not part of the Installment Purchase Agreement and is only for convenience of reference) Section Page RECITALS ....................... . ................. 1 AGREEMENTS .................... . ................. 1 ARTICLE 1 DEFINITIONS SECTION 1.1 Definitions . . ................. 2 SECTION 1.2 Rules of Construction .... ................... 4 ARTICLE 2 SALE AND PURCHASE OF DEVELOPMENT RIGHTS SECTION 2.1 Agreement to Sell and Purchase Development Rights .... 4 SECTION 2.2 Delivery of Deed of Easement ............... 4 ARTICLE 3 PAYMENT OF PURCHASE PRICE SECTION 3.1 Payment of Purchase Price .................... 5 SECTION 3.2 Registration and Transfer of this Agreement .......... 5 SECTION 3.3 Mutilated, Lost, Stolen or Destroyed Agreement ....... 6 ARTICLE 4 REPRESENTATIONS AND WARRANTIES SECTION 4.1 Representations and Warranties of the City .......... 7 SECTION 4.2 Representations and Warranties of the Seller ......... 7 ARTICLE 5 PROVISIONS RELATING TO EXCLUSION OF INTEREST FROM INCOME FOR FEDERAL INCOME TAXATION SECTION 5.1 Intent of City and Tax Covenant of City ............ 9 SECTION 5.2 Acknowledgment of Seller with Regard to Tax Consequences of Transaction ........ ............. 9 ARTICLE 6 THE REGISTRAR SECTION 6.1 Appointment of Registrar . . ................. 9 SECTION 6.2 Ownership of Agreement ..................... 9 SECTION 6.3 Removal of Registrar and Appointment of Successor Registrar ...................................... lo SECT10N 6.4 Qualifications of Successor Registrar .............. 10 SECTION 6.5 Successor by Merger or Consolidation ............. 10 ARTICLE 7 MISCELLANEOUS SECTION 7.1 Successors of City ..... . .. .............. 10 SECTION 7.2 Parties in Interest .... .............. 10 SECTION 7.3 Binding Effect ................. 11 SECTION 7.4 Severability ............................. 1 1 SECTION 7.5 Prior Agreements Cancelled; No Merger ............ I 1 SECTION 7.6 Amendments, Changes and Modifications ........... I 1 SECTION 7.7 No Personal Liability of City Officials ............. 11 SECTION 7.8 Governing Law ......... ................. 11 SECTION 7.9 Notices ......... ... ................. 1 1 SECTION 7.10 Holidays ........ .............. 12 Signatures and Seals .............. ... ................ 13 EXHIBIT A - Form of Deed of Easement EXHIBIT B - Description of Land EXHIBIT C - Permitted Encumbrances EXHIBIT D - Form of Assignment EXHIBIT E - Transfer of Agreement - Schedule of Transferees ii INSTALLMENT PURCHASE AGREEMENT (Agreement No. 1996-3) THIS INSTALLMENT PURCHASE AGREEMENT (this "Agreement") is made as of the day of , 199- between JOSEPH W. FREEMAN, JR. and MARY E. FREEMAN, Husband and Wife (collectively, the "Seller") and CITY OF VIRGINIA BEACH, VIRGINIA, a body politic and corporate of the Commonwealth of Virginia (the "City"). RECITALS A. Pursuant to the authority granted by the Open-Space Land Act, Chapter 17, Title 10.1 of the Code of Virginia of 1950, as amended (the "Act"), the City adopted the Ordinance (hereinafter defined in Section 1.1) to promote and encourage the preservation of agricultural land in designated areas within the southern portion of the city. B. In furtherance of the purposes of the Act and the Ordinance, the City has established the Agricultural Reserve Program of the City which provides for the acquisition of Development Rights (hereinafter defined in Section 1.1) through the purchase of agricultural land preservation easements with respect to property located in the portions of the City covered by the Ordinance. C. The Seller is the owner in fee simple of Land (hereinafter defined in Section 1.1) which is located in that portion of the City subject to the Ordinance and meets the eligibility criteria of Section 7 of the Ordinance. D. The Seller has agreed to sell, and the City has agreed to purchase, Seller's Development Rights in the Land on and subject to the terms and conditions hereinafter set forth. AGREEMENTS NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency whereof are hereby acknowledged, the Seller and the City hereby agree as follows: ARTICLE 1 DEFINITIONS SECTION 1.1 Definitions. As used in this Agreement, the following terms have the following meanings, unless the context clearly indicates a different meaning: 'Agricultural Use' means (i) the bona fide production of crops, animal or fowl, including, but not limited to, the production of fruits, vegetables, honey, grains, meat, poultry and dairy products, the raising of livestock and poultry, and the production and harvest of products from horticultural, silvicultural or aquacultural activity, (ii) the repair, expansion or replacement of no more than one (1) bona fide dwelling occupied by the landowner or tenant as of the date of application for entry in the Agricultural Reserve Program and no more than one freestanding mobile home, as permitted by Section 19-19 of the Virginia Beach City Code, and (iii) accessory uses directly related to agricultural activities conducted on the same property, including the sale of agricultural products as permitted by Section 401 of the Virginia Beach City Zoning Ordinance. The term does not include the processing of agricultural, silvicultural, horticultural or aquacultural products, except as an accessory use. "Business Day" or "business day" means a day on which (a) banks located in the City and in the city in which the principal office of the Registrar is located are not required or autho@ by law or executive order to close for business, and (b) The New York Stock Exchange is not closed. 'City" means the City of Virginia Beach, Virginia, a body politic and corporate and a political subdivision created and existing under and by virtue of the Constitution and laws of the State, its successors and assigns. "City Council" means the Council of the City. "City Manager" means the City Manager of the City. "Code" means the Internal Revenue Code of 1986, as wnended. Each reference to the Code herein shall be deemed to include the United States Treasury Regulations in effect or proposed from time to time with respect thereto. "Deed of Easement" means the Deed of Easement of even date herewith from the Seller to the City, which shall convey the Development Rights to the City in perpetuity. The Deed of Easement shall be substantially in the form attached hereto as Exhibit A and made a part hereof. 'Development Rights" mean the rights of the Seller in the Land to develop the Land for any use other than an Agricultural Use. Development Rights shall include, but 2 not be limited to, the right to develop the Land for any commercial, industrial or residential use except as expressly permitted by the Ordinance. 'Enabling Legislation' means, collectively, (1) the Open Space Land Act, Chapter 17 of Title 10. 1 of the Code of Virginia of 1950, as amended, and (2) the Ordinance. "Estate Settlement Transfer" means the transfer by the legal representative of the estate of a deceased Seller of such Seller's rights in and to this Agreement in connection with the distribution of the deceased Seller's estate or other settlement of such decedent SeUer's estate. "Interest Payment Date" means June 1 and December I in each year, commencing , 199-. "Land" means the tract of land located in Virginia Beach, Virginia, containing approximately 157 acres, and more particularly described in Exhibit B attached hereto and made a part hereof. "Ordinance" means the Agricultural Lands Preservation Ordinance adopted by the City Council on May 9, 1995, as Appendix J to the City Code, as the same may be amended or modified from time to time. "Permitted Encumbrances" mean the encumbrances listed on Exhibft C attached hereto and made a part hereof and any encumbrances on or with respect to the Land or any portion thereof hereafter approved, in writing, by the City. "Person" or "person" means any natural person, firm, association, corporation, company, trust, partnership, public body or other entity. "Purchase Price" means $469,941, the purchase price to be paid by the City to the Registered Owner in accordance with this Agreement. "Record Date" means the fifteenth (15th) day (whether or not a Business Day) of the calendar month immediately preceding each Interest Payment Date and the principal payment date. "Registered Owner" means the registered owner of this Agreement as shown on the registration books maintained by the Registrar. "Registrar" means First Union National Bank of Virginia or any other person hereafter appointed by the City to act as Registrar and paying agent for this Agreement. 3 "Seller" means, collectively, Joseph W. Freeman, Jr. and Mary E. Freeman, Husband and Wife. "State" means the Commonwealth of Virginia. SECTION 1.2 Rules of Construction. (a) The words 'hereof,' "herein,' "hereunder,' "hereto," and other words of similar import refer to this Agreement in its entirety. (b) The terms "agree" and "agreements" contained herein are intended to include and mean "covenant" and "covenants." (c) References to Articles, Sections, and other subdivisions of this Agreement are to the designated Articles, Sections, and other subdivisions of this Agreement. (d) The headings of this Agreement are for convenience only and shall not define or limit the provisions hereof. (e) All references made (i) in the neuter, masculine or feminine gender shall be deemed to have been made in all such genders, and (ii) in the singular or plural number shall be deemed to have been made, respectively, in the plural or singular number as well. ARTICLE 2 SALE AND PURCHASE OF DEVELOPMENT RIGHTS SECTION 2.1 Agreement to Sell and Purchase Development Rights. The Seller agrees to sell the Development Rights in the Land to the City and the City agrees to purchase the Development Rights in the Land from the Seller on the date hereof for the Purchase Price. SECTION 2.2 Delivery of Deed of Easement. In order to evidence the sale of the Development Rights to the City, the Seller shall execute and deliver to the City on the date hereof the Deed of Easement in the form attached hereto as Exhibit A and made a part hereof. The Deed of Easement shall be recorded in the Clerk's Office of the Circuit Court of the City. 4 ARTICLE 3 PAYMENT OF PURCHASE PRICE SECTION 3.1 Payment of Purchase Price. (a) The City shall pay the principal portion of the Purchase Price to the Registered Owner in a single installment on 202-. The Purchase Price is $469,941. (b) Interest on the unpaid principal balance of the Purchase Price shall accrue from the date hereof and shall be payable to the Registered Owner on , 199_, and semiannually thereafter on June I and December I in each year to and including , 202_, at the rate of _% per annum. Interest shall be calculated on the basis of a 360-day year of twelve 30-day months. (c) Both the single installment of principal of the Purchase Price and the interest on the unpaid balance thereof are payable in lawful money of the United States of America at the time of payment. (d) Payment of interest on the unpaid balance of the Purchase Price shall be made by the City on each Interest Payment Date to the Registrar. The Registrar shall forward all such interest payments by check or draft mailed to the person(s) appearing on the registration books of the City maintained by the Registrar as the Registm-ed Owner on the Record Date, at the address of such Registered Owner as it appears on such registration books. The single installment of principal of the Purchase Pnce @ be paid on the principal payment date set forth in Subsecuon (a) above by the Registrar to the Registered Owner as of the Record Date upon presentation and surrender of this Agreement at the office of the Registrar. (e) The City's obligation to pay the Purchase Price hereunder and to pay interest on the unpaid balance of the Purchase Price is a general obligation of the City, and the full faith and credit and the unlimited taxing power of the City are irrevocably pledged to the punctual payment of the Purchase Price and the interest on the unpaid principal balance of the Purchase Price as and when the same respectively become due and payable. SECTION 3.2 Registration and Transfer of this Agreement. (a) Until the Purchase Price and all interest thereon have been paid in full, the City shall maintain and keep at the offices of the Registrar, registration books for the registration and transfer of this Agreement; and upon presentation of this Agreement for such purpose at the offices of the Registrar, the Registrar shall register or cause to be registered on such registration books, and permit to be transferred thereon, 5 under such reasonable regulations as the City or the Registrar may prescribe, the ownership of this Agreement. The Registrar, however, shall not be required to make any such registration and transfer during the period from the Record Date to the next succeeding Interest Payment Date or final principal payment date. (b) Except for an Estate Settlement Transfer, this Agreement may not be transferred by the Registered Owner prior to the expiration of a one (1) year period from the date this Agreement has been fully executed, delivered and become effective, and any such attempted transfer shall be null and void. 'Me Registrar shall be instructed not to make any such transfers (other than an Estate Settlement Transfer) on its registration books kept for the purpose of registering the transfer of this Agreement prior to the expiration of said one (1) year period. (c) The Seller is the original Registered Owner. This Agreement shall be transferable only upon the books of the City maintained for such purpose by the Registrar, at the written request of the Registered Owner as then shown on such registration books or his attorney duly authorized in writing, upon presentation and surrender of this Agreement, together with a written instrument of transfer substantially in the form attached hereto as Exhibit D, or as may otherwise be satisfactory to and approved by the Registrar in writing, duly executed by the Registered Owner or his attorney duly authorized in writing. Upon the surrender for transfer of this Agreement, the Registrar shall complete the Schedule of Transferees attached hereto as Exhibit E with the name, address and tax identification number of the transferee Registered Owner, and the date of the transfer; provided, however, that if there is any conflict between the information set forth in Exhibit E hereto and the registration books maintained by the Registrar, the information shown on such registration books shall control. The City and the Registrar may deem and treat the person in whose name this Agreement is registered upon the books of the City maintained by the Registrar as the absolute owner of this Agreement, whether any payments hereunder shall be overdue or not, for the purpose of receiving payment of, or on account of, the Purchase Price and interest thereon and for all other purposes, and all such payments so made to any such Registered Owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon this Agreement to the extent of the sum or sums so paid, and neither the City nor the Registrar shall be affected by any notice to the contrary. For every registration of transfer of this Agreement, the City or the Registrar may make a charge sufficient to reimburse themselves for any tax or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such transfer as a condition precedent to the exercise of the privilege of registering such transfer. SECTION 3.3 Mutilated, Lost, Stolen or Destroyed Agreement. In the event that this Agreement is mutilated, lost, stolen or destroyed, the City and the 6 Registered Owner (as then shown on the registration books maintained by the Registrar) shall execute and deliver a substitute agreement having the same terms and provisions as the mutilated, lost, stolen or destroyed Agreement; provided that, in the case of any mutilated Agreement, such mutilated Agreement shall first be surrendered to the Registrar, and, in the case of any lost, stolen or destroyed Agreement there shall be first fumished to the City and the Registrar evidence of such loss, theft or destruction satisfactory to the City and the Registrar, together with indemnity satisfactory to each of them in their sole discretion. The City and the Registrar may charge the Registered Owner requesting such new Agreement their expenses and reasonable fees, if any, in this connection. If after the delivery of such substitute Agreement, a bona fide purchaser of the original Agreement (in lieu of which such substitute Agreement was issued) presents for payment such original Agreement, the City and the Registrar shall be entitled to recover such substitute Agreement from the person to whom it was delivered or any other person who receives delivery thereof, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor or otherwise to the extent of any loss, damage, cost or expense incurred by the City and the Registrar in connection therewith. ARTICLE 4 REPRESENTATIONS AND WARRANTIES SECTION 4.1 Representations and Warranties of the City. The City makes the following representations and warranties: (a) The City is a body politic and corporate and a political subdivision of the State. (b) The City has the necessary power and authority to acquire the Development Rights, to enter into this Agreement, to perform and observe the covenants and agreements on its part contained in this Agreement and to carry out and consummate all transactions contemplated hereby. By proper action, the City has duly authorized the execution and delivery of this Agreement. (c) This Agreement has been duly and properly authorized, executed, sealed and delivered by the City, constitutes the valid and legally binding obligation of the City, and is enforceable against the City in accordance with its terms. (d) There are no proceedings pending or, to the knowledge of the City, threatened before any court or administrative agency which may affect the authority of the City to enter into this Agreement. SECTION 4.2 Representations and Warranties of the Seller. The Seller makes the following representations and warranties: 7 (a) The Seller has full power and authority to execute and deliver this Agreement and the Deed of awment, and to incur and perform the obligations provided for herein and therein. No consent or approval of any person or public authority or regulatory body is required as a condition to the validity or enforceability of this Agreement or the Deed of Easement, or, if required, the same has been duly obtained. (b) This Agreement and the Deed of Easement have been duly and properly executed by the Seller, constitute valid and legally binding obligations of the Seller, and are fully enforceable against the Seller in accordance with their respective terms. (c) There is no litigation or proceeding pending or, so far as the Seller knows, threatened before any court or administrative agency which, in the opinion of the Seller, will materially adversely affect the authority of the Seller to enter into, or the validity or enforceability of, this Agreement or the Deed of Easement. (d) There is (i) no provision of any existing mortgage, indenture, contract or agreement binding on the Seller or affecting the Land, and (ii) to the knowledge of the Seller, no provision of law or order of court binding upon the Seller or affecting the Land, which would conflict with or in any way prevent the execution, delivery, or performance of the terms of this Agreement or the Deed of Easement, or which would be in default or violated as a result of such execution, delivery or performance, or for which adequate consents, waivers or, if necessary, releases or subordinations, have not been obtained. (e) There exist no liens, security interests or other encumbrances on or with respect to the Land (other than Permitted Encumbrances), and at the time of execution and delivery of the Deed of Easement there will be no liens, security interests or other encumbrances of the Development Rights to be conveyed thereby. (f) The Seller is not a nonresident alien of the United States of America for purposes of federal income taxation. (g) The Social Security Numbers of the Seller are (for Joseph W. Freeman, Jr.) and (for Mary E. Freeman). The representations in subsections (f) and (g) above are made under penalties of pe@ury and the information contained therein may be disclosed by the City to the Internal Revenue Service. The Seller acknowledges that any false statement in such subsections could be punished by fine, imprisonment or both, 8 ARTICLE 5 PROVISIONS RELATING TO EXCLUSION OF INTEREST FROM INCOME FOR FEDERAL INCOME TAXATTON SECTION 5.1 Intent of City and Tax Covenant of City. The City intends that the interest payable under this Agreement shall not be includable in the gross income of the Registered Owner for purposes of federal income taxation pursuant to Section 103 of the Code. Accordingly, the City shall not knowingly take or permit to be taken any other action or actions or omit or fail to take any action, which would cause this Agreement to be an 'arbitrage bond' within the meaning of Section 148 of the Code, Or which would otherwise cause interest payable under this Agreement to become includable in the gross income of any Registered Owner for purposes of federal income taxation. SECTION 5.2 Acknowledgment of Seller with Regard to Tax Consequences of Transaction. The Seller has received an opinion from Kaufman & Canoles, P.C., Bond Counsel, dated the date hereof, to the effect that under existing laws, regulations, rulings and decisions, interest payable under this Agreement is not includable in the gross income of the Seller for federal income tax purposes, which opinion assumes continuous compliance with certain covenants in the Tax Certificate and Compliance Agreement to be executed and delivered by the City on the date of delivery of this Agreement and is otherwise limited in accordance with its terms. The Seller acknowledges that Seller has made Seller's own independent investigation and has consulted with such attorneys, accountants and others as the Seller shall have selected in the Sefler's sole discretion to advise the Seller with respect to all other tax considerations related to the transaction contemplated hereby (including, but not limited to, installment sales treatment under Section 453 of the Code, charitable contribution deductions under Section 170 of the Code, and federal estate tax implications); and the Seller certifies that the Seller has not looked to or relied upon the City or any of its officials, agents or employees, or to Bond Counsel, with respect to any of such matters. ARTICLE 6 THE REGISTRAR SECTION 6.1 Appointment of Registrar. First Union National Bank of Virginia is hereby designated and appointed to act as Registrar for this Agreement. SECTION 6.2 Ownership of Agreement. The Registrar, in its individual capacity or as trustee for holders of participation interests in this Agreement, may in good faith buy, sell, own and hold this Agreement, and may join in any action which any Registered owner may be entitled to take with like effect as if it did not act as Registrar hereunder. The Registrar, in its individual capacity, either as principal or agent, may also engage, or have an interest, in any financial or other transaction with the City, and 9 may act as depository, trustee or agent for other obligations of the City as freely as if it did not act in any capacity hereunder. SECTION 6.3 Removal of Registrar and Appointment of Successor Registrar. The City shall have the right, subject to the terms of any agreement with the Registrar, to remove the Registrar any time by filing with such Registrar to be removed, and with the Registered Owner, an instrument in writing. Notwithstanding the foregoing, such removal shall not be effective until a successor Registrar has assumed the Registrar's duties hereunder. The City shall have the sole right to select a successor Registrar. SECTION 6.4 Qualifications of Successor Registrar. Any successor Registrar shall be either (a) the Department of Finance of the City, (b) an officer or employee of the City, or (c) a bank, trust company or other financial institution duly organized under the laws of the United States or any state or territory thereof which is authorized by law and permitted under the laws of the State to perform all the duties imposed upon it as Registrar by this Agreement. SECTION 6.5 Successor by Merger or Consolidation. If the Registrar is a bank, trust company or other financial institution, any institution or corporation into which the Registrar hereunder may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Registrar hereunder shall be a party or any institution or corporation succeeding to the corporate trust business (if any) of the Registrar, shall be the successor Registrar under this Agreement, without the execution or filing of any paper or any further act on the part of the parties hereto, anything in this Agreement to the contrary notwithstanding. ARTICLE 7 MISCELLANEOUS SECTION 7.1 Successors of City. In the event of the dissolution of the City, all the covenants, stipulations, promises and agreements in this Agreement contained, by or on behalf of, or for the benefit of, the City, the Seller, any other Registered Owner and the Registrar, shall bind or inure to the benefit of the successors of the City from time to time and any entity, officer, board, commission, agency or instrumentality to whom or to which any power or duty of the City shall be transferred. SECTION 7.2 Parties in Interest. Except as herein otherwise specifically provided, nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person, firm or corporation, other than the City, the Seller, any other Registered Owner and the Registrar, any right, remedy or claim under or by reason of this Agreement, this Agreement being intended to be for the sole and exclusive 10 benefit of the City, the Seller, any other Registered Owner from time to time of this Agreement and the Registrar. SECTION 7.3 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns, including, without limitation, all Registered Owners from time to time of this Agreement. SECTION 7.4 Severability. In case any one or more of the provisions of this Agreement shall, for any reason, be held to be illegal or invalid, such illegality or invalidity shall not affect any other provisions of this Agreement and this Agreement shall be construed and enforced as if such illegal or invalid provisions had not been contained herein or therein. SECTION 7.5 Prior Agreements Cancelled: No Merger. This Agreement shall completely and fully supersede all other prior agreements, both written and oral, between the City and the Seller relating to the acquisition of the Development Rights. Neither the City nor the Seller shall hereafter have any rights under such prior agreements but shall look solely to this Agreement and the Deed of Easement for definitions and determination of all of their respective rights, liabilities and responsibilities relating to the Land, the Development Rights and the payment for the Development Rights. In addition, this Agreement shall survive the execution and recording of the Deed of Easement in all respects and shall not be merged therein. SECTION 7.6 Amendments, Changes and Modifications. This Agreement may not be amended, changed, modified, altered or terminated except by an agreement in writing between the City and the then Registered Owner. An executed counterpart of any such amendment shall be attached to this Agreement and shall be binding upon such Registered Owner and all successor Registered Owners. SECTION 7.7 No Personal liability of City Officials. No covenant or agreement contained in this Agreement shall be deemed to be the covenant or agreement of any official, officer, agent or employee of the City in his or her individual capacity, and neither the officers or employees of the City nor any official executing this Agreement shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the issuance thereof. SECTION 7.8 Governing Law. The laws of the State shall govem the construction and enforcement of this Agreement. SECTION 7.9 Notices. Except as otherwise provided in this Agreement, all notices, demands, requests, consents, approvals, certificates or other communications required under this Agreement to be in writing shall be sufficiently given and sMi be deemed to have been properly given three Business Days after the same is maued by I I certified mail, postage prepaid, return receipt requested, addressed to the person to whom any such notice, demand, request, approval, certificate or other communication is to be given, at the address for such person designated below: City: City Manager Municipal Center Virginia Beach, VA 23456 with a ropy to: City Attorney Municipal Center Virginia Beach, VA 23456 Seller: Joseph W. Freeman, Jr. 5976 Fitztown Road Virginia Beach, Virginia 23457 Mary E. Freeman 5976 Fitztown Road Virginia Beach, Virginia 23457 Registrar: First Union National Bank of Virginia Corporate Trust Department 2nd Floor 901 East Cary Street Richmond, Virginia 23219 Any of the foregoing may, by notice given hereunder to each of the others, designate any further or different addresses to which subsequent notices, demands, requests, consents, approvals, certificates or other communications shall be sent hereunder. SECTION 7.10 Holidays. If the date for making any payment or the last date for performance of any act or the exercising of any right, as provided in this Agreement, shall not be a Business Day, such payment may, unless otherwise provided in this Agreement, be made or act performed or right exercised on the next succeeding Business Day with the same force and effect as if done on the nominal date provided in this Agreement, and in the case of payment no interest shall accrue for the period after such nominal date. WITNESS the signatures and seals of the parties hereto as of the date first above written. 12 crry: [CITY'S SEAL] CrrY OF VIRGINIA BEACH, VIRGINIA A=T: By: James K. Spore, City Manager City Clerk SELLER: (SEAL) Joseph W. Freeman, Jr. (SEAL) Mary E. Freeman Approved for Legal Approved for Sufficiency of Sufficiency this Funds: day of , 199_. Deputy City Attorney Director, Department of Finance 13 COMMONWEALTH OF VIRGINIA AT LARGE, to-wit: The foregoing instrument was acknowledged before me in the City of , Virginia, this _ day of , 19_, by James K. Spore, City Manager of the City of Virginia Beach, Virginia, and attested to by City Clerk of the City of Virginia Beach, Virginia, on its behalf. Notary Public (SEAL) My Commission Expires: COMMONWEALTH OF VIRGINIA AT LARGE, to-wit: The foregoing instrument was acknowledged before me in the City of , Virginia, this _ day of 19-, by Joseph W. Freeman, Jr. and Mary E. Freeman. Notary Public (SEAL) My Commission Expires: 14 This instrument was prepared by EXHIBIT A Virginia Beach City Attorney's Office Exemption Claimed: § 58.1-811(A)(3) § 58.1-811(C)(4) DEED OF EASEMENT THIS DEED OF EASEMENT is made this 29th day of November, 1996, by and between JOSEPH W. FREEMAN, JR. and MARY E. FREEMAN, husband and wife (collectively, the "Grantor"), and CrrY OF VIRGINIA BEACH, VIRGINIA, a body politic and corporate of the Commonwealth of Virginia (the "City") whose address is Municipal Center, Virginia Beach, Virginia 23456, Grantee. RECITALS WHEREAS, pursuant to the authority granted by the Open-Space Land Act, Chapter 17, Title 10.1 of the Code of Virginia of 1950, as amended (the "Act"), the City adopted the Agricultural Lands Preservation Ordinance (the "Ordinance") as Appendix J to the Code of the City of Virginia Beach, Virginia, as amended (the "City Code"), to promote and encourage the preservation of agricultural land in designated areas within the southern portion of the City; and WHEREAS, in furtherance of the purposes of the Act and the Ordinance, the City has established the Agricultural Reserve Program of the City which provides for the acquisition of development rights through the purchase of agricultural land preservation easements with respect to property located in the portions of the City covered by the Ordinance; and WHEREAS, the Grantor is the owner in fee simple of certain agricultural real property located in the City and more particularly described in Exhibit A hereto (the 'Land"); and WHEREAS, the Land is located in that portion of the City subject to the Ordinance and meets the eligibility criteria of Section 7 of the Ordinance; and WHEREAS, the Grantor has agreed to sell to the City the Grantor's Development Rights (hereinafter defined) in the Land by executing and delivering this Deed of Easement and thereby restrict the use of the Land as described herein; and GPIN 2308-73-3419 WHEREAS, the City has agreed to purchase the Grantor's Development Rights in the Land to fulfill the policy and purposes of the City as set forth in the Act and the Ordinance; and WHEREAS, the transfer by the Grantor of the Development Rights in the Land shall be in perpetuity; and WHEREAS, in order to provide for the payment of the purchase price for the nghts in the Land created hereby, the Grantor and the City have entered into an Installment Purchase Agreement of even date herewith (the "Installment Purchase Agreement"); GRANT NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS ($10.00), the covenants and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor, for Grantor, Grantor's heirs, personal representatives, devisees, successors and assigns, and for any subsequent owner of the Land does hereby grant and convey, with general warranty and English covenants of title, unto the City, and its successors and assigns, forever and in perpetuity, an agricultural land preservation easement in, on, over and with respect to the Land restricting the Land to Agricultural use and in furtherance thereof, does hereby grant and convey, with general warranty and English covenants of title, to the City, and its successors and assigns, forever and in perpetuity, all of the Development Rights with respect to the Land. TERMS - COVENANTS, CONDITIONS AND AGREEMENTS A. The Grantor for Grantor, Grantor's heirs, personal representatives, devisees, successors and assigns covenants with the City, (1) to refrain from engaging in any act or activity, or permitting to occur or suffering to exist any act or activity upon the Land which would constitute the exercise of a Development Right or a use other than an Agricultural Use, it being the intention of the parties that the Land shall be preserved for Agricultural Use in accordance with the provisions of the Ordinance; and (2) that this Deed of Easement shall create a perpetual easement, rumung with the Land and all portions thereof as an incorporeal and nonposwmry interest therein, enforceable against the Grantor and upon any purchaser, grantee, lessee, owner or other transferee of all or any portion of the Land and any other person or entity having any right, tide or interest therein and upon their respective heirs, personal representatives, devisees, successors and assigns; and (3) that the covenants, conditions, limitations and restrictions contained herein are intended to limit the use of the Land as herein set forth. B. The parties, for themselves, their heirs, personal representatives, devisees, successors and assigns, further covenant and agree as follows: 2 (1) As used in this Deed of Easement the term "Development Rights" shall mean the right to develop the Land for any use, including without limitation, any commercial, industrial or residential use, other than for Agricultural Use. (2) As used in this Deed of Easement the term "Agricultural Use" means (i) the bona fide production of crops, animal or fowl, including, but not limited to, the production of fruits, vegetables, honey, grains, meat, poultry and dairy products, the raising of livestock and poultry, and the production and harvest of products from horticultural, silvicultural or aquacultural activity, (ii) the repair, expansion or replacement of no more than one (1) bona fide dwelling occupied by the landowner or tenant as of the date of application for entry in the Agricultural Reserve Program and no more than one ftmtanding mobile home, as permitted by Section 19-19 of the City Code, and (iii) accessory uses directly related to agricultural activities conducted on the same property, including the sale of agricultural products as permitted by Section 401 of the City Zoning Ordinance. The term does not include the processing of agricultural, silvicultural, horticultural or aquacultuml products, except as an accessory use. (3) This Deed of Easement does not grant the public any right of entry or access or any rights of use of the Land. (4) THIS EASEMENT SHALL EXIST IN PERPETUITY AND RUN WITH THE ENTIRE ACREAGE OF THE LAND. (5) The purpose of this Deed of Easement shall be to (i) promote and encourage the preservation of farmland, and promote and enhance agriculture as an important industry within the City, (ii) preserve the rural character of the southern part of the City, (iii) conserve and protect environmentally sensitive lands, waters and other resources, (iv) reduce and defer the need for major infrastructure improvements in the southern part of the City and the expenditure of public funds for such improvements, (v) preserve open spaces, and (vi) assist in shaping the character, direction and timing of community development. (6) In the event of a violation or attempted violation of any of the provisions hereof, the City and its successors and assigns, may institute and prosecute any proceeding at law or in equity to enforce the provisions hereof or to abate, prevent or enjoin any such violation or attempted violation. WITNESS, the hand and seal of the Grantor as of the date first above written. 3 GRANTOR: (SEAL) Joseph W. Freeman, Jr. (SEAL) Mary E. Freeman COMMONWEALT'H OF VIRGMA AT LARGE, to-wit: The foregoing instrument was acknowledged before me in the City of I Virginia, this _ day of 199_, by Joseph W. Freeman, Jr. and Mary E. Freeman, Grantor. Notary Public (SEAL) My Commission Expires: 4 EXHIBIT A ALL THAT certain tract of land with the buildings and improvements thereon and the appurtenances thereunto belonging, situate near Creeds Bridge, Pungo Borough, City of Virginia Beach, Virginia, containing 15.0 acres more or less, and bounded and described as follows: On the North by the land formerly owned by David Drewry; on the East and South by teh land of W. M. Ackiss, deceased, John A. White, W.H. Craft and the Norfolk Southern Railroad; and, on the West by Oakum Creek. SAVE AND EXCEPT parcel conveyed by Clyde O. Freeman, et ux, et als, to Floyd H. Ewell and Velma Ewell, dated August 14, 1956, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 466, Page 261. Said parcel containing 1.28 acres and fronting 125 feet on the South side of State Route 633, now known as Fitztown Road and running back between parallel lines 445 feet. The point of beginning being 1255 feet from the intersection of State Route 615 (Princess Anne Road) and Route 633 at the dividing line between the property of Ewell and V. H. Ackiss, deceased. SAVE AND EXCEPT parcel conveyed by Clyde O. Freeman, et ux, et als, to Elroy F. Murphy and Lillie Murphy, dated August 14, 1956, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 467, Page 123. Said parcel containing 1.28 acres and fronting on the South side of Route 633 (Fitztown road) and running back between parallel lines 445 feet. The point of beginning being 1380 feet from the intersection of Route 615 (Princess Anne Road) and Route 633. Also being the dividing Line between the property of Floyd M. Ewell and Elroy F. Murphy. (continued) 5 CONTINUED: SAVE AND EXCEPT parcel conveyed by Clyde O. Freeman, et ux, et als, to Shirley Mae Frango, dated April 24, 1970, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 1157, Page 262. Said parcel containing 9.932 acres, and being more particularly bounded and described as follows: BEGINNING at a point in the Southern edge of the right-of-way of Fitztown Road (Route 633) 1496.83 feet from the intersection of State Route 615 and State Route 633 where the same is intersected by the dividing line between the property herein conveyed and that now or formerly Elroy F. Murphy; and from said point running thence South 00 degrees 37' 07" East 3.99 feet to an old pipe; thence continuing and running in the same direction 499.84 feet to a marked tree; thence turning and running South 88 degrees 02' 50" East 250 feet to a pin in the dividing line between the property herein conveyed and that now or formerly W. M. Ackiss; thence turning and running along said dividing line South 03 degrees 42' 30" East 373.03 feet to a pin; thence turning and running North 77 degrees 11' 15" West 858.74 feet to a pin; thence turning and running North 13 degrees 33' 43" East 605.33 feet to a pin; thence turning and runing South 78 degrees East 134.00 feet to a pin; thence turning and running North 12 degrees East 40 feet to a pin; thence turning and running South 78 degrees East 100 feet to a pin; thence turning and running North 12 degrees East 150 feet to a pin in the southern edge of the along the edge of said right-of-way South 78 degrees 00' 00" East 150.92 feet to a point, the point of beginning. SAVE AND EXCEPT parcel conveyed by Clyde O. Freeman, et ux, et als, to John Edward Frango and Shirley May Franco, dated July 17, 1953, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 838, Page 401. Said parcel containing .345 acres and fronting 100 feet on the South side of Fitztown Road and running back between parallel lines 150 feet. The point of beginning being 1647.75 feet from the intersection of State Routes 615 and 633. SAVE AND EXCEPT parcel conveyed by Clyde O. Freeman, et ux, et als, to Guy T. Ansell and Mildred F. Ansell, dated May 31, 1963, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 838, Page 404. Said parcel containing .414 acres, and fronting 120 feet on the South Side of Fitztown Road, and running back between parallel lines 150 feet. The point of beginniing being 1747.75 feet, from the intersedction of State Routes 615 and 633. SAVE AND EXCEPT parcel conveyed by J. W. Freeman, Widower, to Stanford R. Freeman, et ux, dated October 23, 1973, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 1398, Page 364. Said Parcel containing .62 acre, and fronting 130.67 feet on Fitztown Road. Plat of said property recorded in the aforesaid Clerk's Office in Map Book 91, Page 32. (continued) 6 CONTINUED: SAVE AND EXCEPT parcel conveyed by Joseph W. Freeman, Jr., et ux, to Stanford R. Freeman, et ux, dated January 22, 1976, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 1542, Page 608. Said parcel containing .599 acre, and fronting on the south side of Fitztown Road 129.96 feet. For plat of property see Map Book 112, Page 42. SAVE AND EXCEPT that certain tract, piece or parcel of land, lying, situate and being in the Pungo Borough of the City of Virgnia Beach, Virginia, containing 0.969 acres labeled "Parcel to be conveyed to Guy T. Ansell, et ux" on that certain plat entitled "Plan of Property to be Conveyed to S. R. Freeman, Et Ux, & Guy t. Ansell, Et Ux, from J. W. Freeman Et Ux, D.B. 1062, P. 401-M.B. 38, P. 39-M.B. 91 P. 32 Pungo Borough, Virginia Beach, Virginia", dated July 31, 1975, made by Bruce B. Gallop, duly recorded in the Clerk's Office of teh Circuit Court of the City of Virginia Beach, Virginia, in Map Book 112, Page 42; said parcel being conveyed by Joseph W. Freeman, Jr., et ux, to Guy T. Ansell, et ux, by deed dated April 22, 1976, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 1562, Page 352. ALL THAT certain tract, piece or parcel of land, lying, situate and being in the Pungo Borough, City of Virginia Beach, Virginia, and being a portion of the Old Norfolk Southern Railroad right of way, and more particularly bounded and described as follows: BEGINNING at a point on the eastern side of the Norfolk Sourthern Railroad right of way at the dividing line begween the property of David Whitehurst and the property of J. W. Freeman, unmarried, and from said point of beginning running thence in a northerly direction along the eastern side of the said railroad right of way 2100 feet, more or less, to the southern line of the property of George Ackiss; thence turning and running in a westerly direction and along the souther line of the property of George Ackiss, 66 feet to the western side of the railroad right of way; thence turning and running along the western side of teh railroad right of way in a southerly direction 2100 feet, more or less, to the northern line of the property now or formerly David Whitehurst; thence turning and running along the northern line of the property now or formerly David Whitehurst in an easterly direction 66 feet to the eastern side of the railroad right of way, the point of beginning. LESS AND EXCEPT all portions of the above-described property, if any, which contain any of the following soil types; (1) Back Bay Mucky Peat; (2) Dorovan Mucky Peat; (3) Nawney Silt Loam; or (4) Pamlico Mucky Peat, Ponded. [LESS AND EXCEPT that certain tract, piece or parcel being a portion of the above described property designated and described as "#" as shown on that certain plat entitled: "#", Scale #" = #', dated #, preparted by #, which plat is intended to be recorded simultaneously herewith.] 7 EXHIBIT B ALL THAT certain tract of land with the buildings and improvements thereon and the appurtenances thereunto belonging, situate near Creeds Bridge, Pungo Borough, City of Virginia Beach, Virginia, containing 150 acres more or less, and bounded and described s follows: On the North by the Land formerly owned by David Drewry; on the East and South by the land of W. H. Ackiss, deceased, John A. White, W. H. Craft and the Norfolk Southern Railroad: and, on the West by Oakum Creek. SAVE AND EXCEPT parcel conveyed by Clyde O. Freeman, et ux, et als, as to Floyed H. Ewell and Velma Ewell, dated August 14, 1956, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginai, in Deed Book 466, Page 261. Said parcel containing 1.28 acres and fronting 125 feet on the South side of State Route 633, now known as Fitztown Road and running back between parallel lines 445 feet. The point of beginning being 1255 feet from the intersection of State route 615 (Princess Anne Road) and route 633 at the dividing line between the property of Ewell and V. H. Ackiss, deceased. SAVE AND EXCEPT parcel conveyed by Clyde O. Freeman, et ux, et als, to Elroy F. Murphy and Lillie Murphy, dated August 14, 1956, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 467, Page 123. Said parcel containing 1.28 acres and fronting on the South side of Route 633 (Fitztown Road) and running back between parallel lines 445 feet. The point of beginning being 1380 feet from the intersection of Route 615 (Princess Anne Road) and Route 633. Also being th edividing line between the property of Floyd H. Ewell and Elroy F. Murphy. (continued) CONTINUED: SAVE AND EXCEPT partial conveyed. by Clyde O. Freeman, et ux, et als, to Shirley Mae frango, dated April 24, 1970, duly recorded in the Clerk's Office of the circuit Court of the City of Virginia Beach, Virginia in Deed Book 1157, Page 262). Said parcel containing 9.932 acres, and being more particularly bounded and described as follows: BEGINNING at a point in the Southern edge of the right-cf-way of Fitztown Road (Routs 633) 1496.83 feet from the intersection of State Route 615 and State Route 633 where the same is intersected by the dividing line between the property herein conveyed and that now or to=erly Elroy F. Murphv: and !r= said point -unning thence South 00 degrees 37' 07" gas: 3.99 fee- to an old pipe; thence continuing and running in the samt direction 499.84 feet to a marked t.-ve; thence turning and running South as degrees 02' 50' East 250 !*et te.@ a pit in the dividing line between the Property be.-Sin conveyed and that now or formerly running alone said dividing line W. M. Ack4.ss; thence turning and Sout@ 03 degrees 42' 30" Last 373.03 feet to a pin, thence turning and running North 77 dog.-gas 1.1' 15' West 858.74 !Ott to a pzn; thence t.-un4ng and running North 13 degrees 33' 430 vast 605.33 f'o'et to a pin: thence :urning and running South 78 d;greas Last 134.00 -@et to a pi,,i, @f%eMcc turning Inc North 12 dog.-*es i;st 40'!ett to &,P..@; the'nce turning and running South 78 degrees East 100 feet to a gin; thence'tur-iing and running 4crth 12 degrees Cast 150 feet to a pin in the southeri edge of the rigt.t-o!-way of said F;.tztown Read; thence turning and -unning along the edge of said rlgnt-of-way South 76 dog.-nos 00, 000 east 150.92 feet to a point, the Point of beginning. SAVE AND -XCZPT ;&.-c2l conveyed ty Clyde 0. Freeman, et ux, at 41-3, to John Edward F:ango and Shirley Mat @_-&nqo, dated July 17, 1?6-,Iduly :*Co.-C!ed in '-.le Clo:k's Office of the Clreult Court of the .1 @.ty of Virginia Beach, Virginia in Deed Back 8'12. Pace 401. Said parcel containing .345 acres and fronting 100 :e*t an the sout6 side of ritztown Roac and -unnine back between lines 150 feet. The point of beginning bring 1047.75 feet !rzn the @-stersection of Statt :%Outes 613 and 633. SAVE AND EXCEP@ gazctl conveyed by Clyde 0. Freeman, tt UX, at a's, to Guy T. Ansell and 4ildred 7. Ansel!. dated lay 31, 1963, dZ;y :tcz.---#cs in --he Civrk's O!!Ivw of the Court of the City 01. Btac!t, Vi.-;in4.a 4.,l Deed Book I-Ii., Pace ;r4. Said ;arcs! conts@n4ng .414 acre, and fronting 11-0 !OOL on no ziouth site of Fitz:o;n Road, &no running back between lines 'So !*et. ':re P;int o@ beginning being 1747,7S !set, from the i-IteZ3*tti0ft Of St:,. a Routes 515 and 63:. SA';E A.'.'C EXC@-P- ;arcs! conveyed zy :. W. Freeman, Widows:, to Stanford R. Freeman, et Qx, dated Octcbe: 23, 1973, &no culy recorded ir. the Clt:x's O!f@ce of the ci:cu t court of t@e City of Virginia Sta@, Virginia In'Deed Book Pe= !EA. Said parcel COntain4ng .62 acre, and fronting 130.0; test an Fitztown qcac. Plat a! said ;roparty recorded @n the aforesaid @.1-ark's Office .n Xs; Book 91, Page 32. (cent.,..Iued) CONTINUED: SAVE AND EXCEPT parcel conveyed by Joseph W- ?rtfman' jr., at UX, @.e*MaA, at ux , dated Janu&rY 22, 197E, OUIY. to R. it court of the city at recorded ".r. the Clerk's Of*@i-CO Of the Circu ;d Parcel Virginia Beach, Virginia in Dead Book lS42. PSCV 6011 Be. con-&,,ning -ant; ng or, the zo%A,,, sloe ca. ri.t-.towr, t , .599 acre, and !. Page 42. Road '.29-96 feet. For Plat Of ;:ope:ty see KAP Book 112, -co land' SAVI- AND EXCEPT that certain tract, piece a- P&' i of lyinc, situate &ne. being in the Pungo Borough C.' the City a! Virginia Beach, Virginia, containing O..969 acres labeled wp&zcil to be Conveyed to Guy T. Anxgllo Et UMA on that cartair. plat ent,'t.ed of Property to be Conveyed to S. R. I.-eeman, St Ux, & G:v ':. St Ux, from J. W. Freeman St Ux, D.B. 1062, P. 401-@.3.38, P-39-M.S. 91 P-32 Pungc DOZOugh, Virginia Beach, Vlz;i.-iao, dat d made b@ Bruce B. Gallop, duly Ci@V a$ recorded 'n @ll: c,.arx,s 6flilce, of the Circuit Court of the 38&cn, Virginia, in Map Book 112, P:go 42; said parcel being conveyed by ""P ' Freeman, :., et ux, to Guy T. Ansell, at ux, by deed dated Apti"'. 22t 1976, @uly :0 z:ced in the Clark's office of the Circuit Court or .I%& City of vi-ci.nia Beach, in Dead Book 1542, Face 351-. ALL -HAT certain tract, piece a.- parcel a! land, ly, - and n the pungo Borough, City of Virginia svi!@.1.11noia, and being a ;Ort4on of the CIO 40:folk Southern Rail.-cad right of way, and -tore particularly bounded and described as fo'.1ows: BFG:NNZNG at a point on the eastern side of the Noz!olk Southern Ra-'.-za;3 of way at Ih Yiding line between Lb* property of rAvi4 Whit*nUrSt And the ;r:pw:ty of J. W. Freeman, unmarried, and !rem S&ic paint of beginning -UnnLng thence in a northerly direction along the eastern side of the said railroad -ight of way -ty ZIC' !;a;, mc:e z: less, .a the southern '.in* of the props. of George mcxiss; %tence tw:.,iing.anci running in a westerly direction and along %%a southern line of the oropert7 ai CoCr;e ACX4SS, the w -.cr:-. site *lathe -at@-road of way; th;nce feet to as and : - - . - -- :%g uniiig along the western size a ailroal right 0 Of wav a scutnerly direction 5-10f) 4-tot, -.I;rt a: less, @ zli a 'ine of the ;.-Mpo:ty tl%)W C.- &O.-me.-I-y t:avid and running along the northern line of the property how 0: !:=;ri-7 David WPicehu:.st.In an east*.-ly direction 4i; feet 1-2 ..%a eastern 34-4-a of tne :ignt of -wav, the point a: LESS AND ExcEpT all portions of the abcyv f which contun any of ttic following soll q any, W: (1) Back Bay MW4 Peat; (2) Dorovan Mucky peat; (3) Nawney sUt L4Dam; or (4) Muc Peat, Ponded. ky 0UMS AND EXCEpr dlat carton tract, Piece Or @ being a portion f@ above @bed designated and described as "#* as ShOwn on that certain pla entitled: *#", Scale #. - #', d&ted #, by which plat is in to be recorded imultaneou'dY herewith.1 EXHIBIT C PERMITTED ENCUMBRANCES [SEE ATTACHED] 17 EXHIBIT D ASSIGNMENT FOR VALUE RECEIVED, and ([collectively,] the "Registered Owner") hereby sell[s], assign(s] and transfer[s] unto ,withoutrecourse,alloftheRegisteredOwner's right, title and interest in and to the Installment Purchase Agreement to which this Assignment is attached; and the Registered Owner hereby irrevocably directs the Registrar (as defined in such Agreement) to transfer such Agreement on the books kept for registration thereof. The Registered Owner hereby represents, warrants and certifies that there have been no amendments to such Agreement [except Date: Signature guaranteed: NOTICE: Signature must be NOTICE: The signature on this guaranteed by a member firm Assignment must correspond with of the New York Stock the name of the Registered Owner Exchange or a commercial as it appears on the registration bank or trust company. books for the Installment Purchase Agreement referred to herein in every particular, without alteration or enlargement or any change whatever. 18 EXHIBIT E TRANSME OF AGRLPF-MENT - SCHEIC The transfer of this Installment Purchase Agreement may be registered only by the Regis@ Owner under such Agreement in person or by its duly autho@ officer or attorney upon presentation hereof to the Registrar, who shall make note thereof in the books kept for such purpose and in the registration blank below. Date of Name and Tax I.D. No. Signature of Registrar Registration of Address of of Transferee Transfer Transferee Registered Seller 2. 3. 4. 5. 6. 19 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEKENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 5 $147,655. 6 WHEREAS, pursuant to the Agricultural Lands Preservation 7 Ordinance (the "Ordinance"), Appendix i of the Code of the City of 8 Virginia Beach, there has been presented to the City Council for 9 approval an Installment Purchase Agreement for the acquisition of 10 the Development Rights (as defined in the Installment Purchase 11 Agreement, a true copy of which is hereto affixed) on certain 12 property located in the City and more fully described in Exhibit B 13 of the Installment Purchase Agreement for a purchase price of 14 $147,655; and 15 WHEREAS, the aforesaid Development Rights shall be 16 acquired through the acquisition of a perpetual agricultural land 17 preservation easement, as defined in, and in compliance with, the 18 requirements of the Ordinance; and 19 WHEREAS, the City Council has reviewed the proposed terms 20 and conditions of the purchase as evidenced by the Installment 21 Purchase Agreement; 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 23 CITY OF VIRGINIA BEACH, VIRGINIA: 24 1. The City Council hereby determines and finds that 25 the proposed terms and conditions of the purchase of the 26 Development Rights pursuant to the Installment Purchase Agreement, 27 including the purchase price and manner of payment, are fair and 28 reasonable and in furtherance of the purposes of the Ordinance, and 29 the city manager is hereby authorized to approve, upon or before 30 the execution and delivery of the Installment Purchase Agreement, 31 the rate of interest to accrue on the unpaid principal balance of 32 the purchase price set forth hereinabove as the greater of 6.00% 33 per annum or the per annum rate which is equal to the yield on 34 United States Treasury STRIPS purchased by the City to fund such 35 unpaid principal balance; provided, however, that such rate of 36 interest shall not exceed 7.50% unless the approval of the City 37 Council by resolution duly adopted is first obtained. 38 2. The City Council hereby further determines that 39 funding is available for the acquisition of the Development Rights 40 pursuant to the Installment Purchase Agreement on the terms and 41 conditions set forth therein. 42 3. The City Council hereby expressly approves the 43 Installment Purchase Agreement in the form and substance presented 44 at this meeting and, subject to the determination of the City 45 Attorney that there are no defects in title to the property or 46 other restrictions or encumbrances thereon which may, in the 47 opinion of the City Attorney, adversely affect the City's 48 interests, authorizes the City Manager to execute and deliver the 49 Installment Purchase Agreement in substantially the same form and 50 substance as presented at this meeting with such minor 51 modifications, insertions, completions or omissions which do not 52 materially alter the purchase price or manner of payment, as the 53 City Manager shall approve. The City Council further directs the 54 City Clerk to affix the seal of the City to, and attest same on, 55 the Installment Purchase Agreement. The City Council expressly 56 authorizes the incurrence of the indebtedness represented by the 57 issuance and delivery of the Installment Purchase Agreement. 58 4. The City Council hereby elects to issue the 59 indebtedness under the Charter of the City rather than pursuant to 60 the Public Finance Act of 1991 and hereby constitutes the 61 indebtedness a contractual obligation bearing the full faith and 62 credit of the City. 63 Adopted by the Council of the City of Virginia Beach, 64 Virginia, on this 26 day of November , 1996. 65 Adoption requires the affirmative vote of a majority of all 66 members of the City Council. 67 68 CA-96-6481 69 wmordres\freeman2.orn 70 11-14-96 - R-1 71 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL 72 73 74 )Wricultu t taw I)epartm6 t@ 75 CERTIFIED AS TO AVAILABILITY OF FUNDS: 76 '@A, Director of Finance 77 city'6f 2 JOSEPH W. FREEMAN, Jr. and MARY E. FREEMAN Husband and Wife the "Seller" and CITY OF VIRGINIA BEACH, VIRGINIA the "City" INSTALLMENT PURCHASE AGREEMENT (Agreement No. 1996-4) TABLE OF CONTENTS (rhis Table of Contents is not part of the Installment Purchase Agreement and is only for Convenience of reference) Section FM RECITALS ........................................... 1 AGREEMENTS ........................................ I ARTICLE 1 DEFINITIONS SECTION 1. 1 Definitions .............................. 2 SECTION 1.2 Rules of Construction ....................... 4 ARTICLE 2 SALE AND PURCHASE OF DEVELOPMENT RIGHTS SECTION 2.1 Aggreement to Sell and Purchase Development Rights .... 4 SECTION 2.2 Delivery of Deed of Easement .................. 4 ARTLCLE 3 PAYMENT OF PURCHASE PRICE SECTION 3.1 Payment of Purchase Price ... 5 SECTION 3.2 Registration and Transfer of this Agreement 5 SECTION 3.3 Mutilated, Lost, Stolen or Destroyed Agreement ....... 6 ARTICLE 4 REPRESENTATIONS AND WARRANTIES SECTION 4.1 Representations and Warranties of the City .......... 7 SECTION 4.2 Representations and Warranties of the Seller ......... 7 ARTICLE 5 PROVISIONS RELATING TO EXCLUSION OF INTEREST FROM INCOME FOR FEDERAL INCOME TAXATION SECTION 5.1 Intent of City and Tax Covenant of City ............ 9 SECTION 5.2 Acknowledement of Seller with Regard tp Tax Consequences of Transaction ............................ 9 ARTICLE 6 THE REGISTRAR SECTION 6.1 Appointment of Registrar ..................... 9 SECNON 6.2 Ownership of Agreement ..................... 9 SECTION 6.3 Removal of Registrar and Appointment of Successor Registrar ........................................ lo SECTION 6.4 Qualifications .............. 10 SECTION 6.5 Successor by Merger or Consolidation ............. 10 ARTICLE 7 MISCELLANEOUS SECTION 7.1 Successors of City ........ ................ 10 SECTION 7.2 Parties in Interest . . I....................... 10 SECTION 7.3 Binding Effect ............................ 11 SECTION 7.4 Severability ............................. 1 1 SECTION 7.5 Prior Apreements Cancelled; No Merger ............ 11 SECTION 7.6 Amendments, Changes and Modifications ........... 11 SECTION 7.7 No Personal Liability of City Officials ............. I I SECTION 7.8 Governing Law ......... ................. 11 SECTION 7.9 Notices ............. . ................ 1 1 SECTION 7.10 Holidays ........ ... . ................ 12 Signatures and Seals .................... ................ 13 EXHIBIT A - Form of Deed of Easement EXHIBIT B - Description of Land EXHIBIT C - Permitted Encumbrances EXHIBIT D - Form of Assignment EXHIBIT E - Transfer of Agreement - Schedule of Transferees ii INSTALLMENT PURCHASE AGREEMENT (Agreement No. 1996-4) THIS INSTALLMENT PURCHASE AGREEMENT (this "Agreement") is made as of the day of , 199- between JOSEPH W. FREEMAN, Jr., and MARY E. FREEMAN, Husband and Wife (collectively, the -Seller') and CITY OF VIRGMIA BEACH, VIRGRUA, a body politic and corporate of the Commonwealth of Virginia (the "City"). RECITALS A. Pursuant to the authority granted by the Open-Space Land Act, Chapter 17, Title 10.1 of the Code of Virginia of 1950, as amended (the "Act"), the City adopted the Ordinance (hereinafter defined in Section 1.1) to promote and encourage the preservation of agricultural land in designated areas within the southern portion of the city. B. In furtherance of the purposes of the Act and the Ordinance, the City has established the Agricultural Reserve Program of the City which provides for the acquisition of Development Rights (hereinafter defmed in Section 1.1) through the purchase of agricultural land preservation easements with respect to property located in the portions of the City covered by the Ordinance, C. The Seller is the owner in fee simple of Land (hereinafter defined in Section 1.1) which is located in that portion of the City subject to the Ordinance and meets the eligibility criteria of Section 7 of the Ordinance. D. The Seller has agreed to sell, and the City has agreed to purchase, Sefler's Development Rights in the Land on and subject to the terms and conditions hereinafter set forth. AGREEMENTS NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency whereof are hereby acknowledged, the Seller and the City hereby agree as follows: ARTICLE 1 DEFINITIONS SECTION 1.1 Definitions. As used in this Agreement, the following terms have the following meanings, unless the context clearly indicates a different meaning: -Agficultural Use,, means (i) the bona fide production Of crops, animal Or fowl, including, but not limited to, the production of fruits, vegetables, honey, grains, meat, poultry and dairy products, the raising of livestock and poultry, and the production and harvest of products from horticultural, silvicultural or aquacultural activity, (ii) the repair, expansion or replacement of no more than one (1) bona fide dwelling occupied by the landowner or tenant as of the date of application for entry in the Agricultural Reserve Program and no more than one @tanding mobile home, as permitted by Section 19-19 of the Virginia Beach City Code, and (iii) accessory uses directly related to agricultural activities conducted on the same property, including the sale of agricultural products as permitted by Section 401 of the Virginia Beach City Zoning Ordinance. The term does not include the processing of agricultural, sflvicultural, horticultural or aquacultural products, except as an accessory use. "Business Day" or "business day' means a day on which (a) banks located in the City and in the city in which the principal office of the Registrar is located are not required or authorized by law or executive order to close for business, and (b) The New York Stock Exchange is not closed. "City" means the City of Virginia Beach, Virginia, a body politic and corporate and a political subdivision created and existing under and by virtue of the Constitution and laws of the State, its successors and assigns. 'City Council' means the Council of the City. "City Manager" means the City Manager of the City. 'Code" means the Internal Revenue Code of 1986, as amended. Each reference to the Code herein shall be deemed to include the United States Treasury Regulations in effect or proposed from time to time with respect thereto. "Deed of Easement" means the Deed of Easement of even date herewith from the Seller to the City, which shall convey the Development Rights to the City in perpetuity. The Deed of Easement shall be substantially in the form attached hereto as Exhibit A and made a part hereof. "Development Rights" mean the rights of the Seller in the Land to develop the Land for any use other than an Agricultural Use. Development Rights shall include, but 2 not be limited to, the right to develop the Land for any commercial, industrial or residential use except as expressly permitted by the Ordinance. "Enabling Legislation" means, collectively, (1) the Open Space Land Act, Chapter 17 of Title 10.1 of the Code of Virginia of 1950, as amended, and (2) the Ordinance. "Estate Settlement Transfer" means the transfer by the legal representative of the estate of a deceased Seller of such Seller's rights in and to this Agreement in connection with the distribution of the deceased Seller's estate or other settlement of such decedent Seller's estate. "Interest Payment Date" means June 1 and December 1 in each year, commencing @ 199-. "Land" means the tract of land located in Virginia Beach, Virginia, containing approximately 110 acres, and more particularly described in Exhibit B attached hereto and made a part hereof. "Ordinance" means the Agricultural Lands Preservation Ordinance adopted by the City Council on May 9, 1995, as Appendix J to the City Code, as the same may be amended or modified from time to time. "Permitted Encumbrances' mean the encumbrances listed on Exhibit C attached hereto and made a part hereof and any encumbrances on or with respect to the Land or any portion thereof hereafter approved, in writing, by the City. "Person" or "person" means any natural person, firm, association, corporation, company, trust, partnership, public body or other entity. "Purchase Price' means $147,655, the purchase price to be paid by the City to the Registered Owner in accordance with this Agreement. "Record Date" means the fifteenth (15th) day (whether or not a Business Day) of the calendar month immediately preceding each Interest Payment Date and the principal payment date. "Registered Owner' means the registered owner of this Agreement as shown on the registration books maintained by the Registrar. "Registrar" means First Union National Bank of Virginia or any other person hereafter appointed by the City to act as Registrar and paying agent for this Agreement. 3 "Seller" means, collectively, Joseph W. Freeman, Jr. and Mary E. Freeman, Husband and Wife. 'State" means the Commonwealth of Virginia. SECTION 1.2 Rules of Construction. (a) The words "hereof,' "herein," "hereunder," "hereto,' and other words of similar import refer to this Agreement in its entirety. (b) The terms "agree" and "agreements" contained herein are intended to include and mean "covenant' and "covenants." (c) References to Articles, Sections, and other subdivisions of this Agreement are to the designated Articles, Sections, and other subdivisions of this Agreement. (d) The headings of this Agreement are for convenience only and shall not define or limit the provisions hereof. (e) All references made (i) in the neuter, masculine or feminine gender shall be deemed to have been made in all such genders, and (ii) in the singular or plural number shall be deemed to have been made, respectively, in the plural or singular number as well. ARTICLE 2 SALE AND PURCHASE OF DEVELOPMENT RIGHTS SECTION 2.1 Agreement to Sell and Purchase Dev&gment &ghts. The Seller agrees to sell the Development Rights in the Land to the City and the City agrees to purchase the Development Rights in the Land from the Seller on the date hereof for the Purchase Price. SECTION 2.2 Delivery of Deed of Easement. In order to evidence the sale of the Development Rights to the City, the Seller shall execute and deliver to the City on the date hereof the Deed of Easement in the form attached hereto as Exhibk A and made a part hereof. 'Me Deed of Easement shall be recorded in the Clerk's Office of the Circuit Court of the City. 4 ARTICLE 3 PAYMENT OF PURCHASE PRICE SECTION 3.1 Payment of Purchase Price. (a) The City shall pay the principal portion of the Purchase Price to the Registered Owner in a single installment on 202-. The Purchase Price is $147,655. (b) Interest on the unpaid principal balance of the Purchase Price shall accrue from the date hereof and shall be payable to the Registered Owner on , 199-, and semiannually thereafter on June 1 and December I in each year to and including , 202_, at the rate of _% per annum, Interest shall be calculated on the basis of a 360-day year of twelve 30-day months. (c) Both the single installment of principal of the Purchase Price and the interest on the unpaid balance thereof are payable in lawful money of the United States of America at the time of payment. (d) Payment of interest on the unpaid balance of the Purchase Price shall be made by the City on each Interest Payment Date to the Registrar. The Registrar shall forward all such interest payments by check or draft mailed to the person(s) appearing on the registration books of the City maintained by the Registrar as the Registered Owner on the Record Date, at the address of such Registered Owner as it appears on such registration books. The single installment of principal of the Purchase Price @ be paid on the principal payment date set forth in Subsection (a) above by the Registrar to the Registered Owner as of the Record Date upon presentation and surrender of this Agreement at the office of the Registrar. (e) The City's obligation to pay the Purchase Price hereunder and to pay interest on the unpaid balance of the Purchase Price is a general obligation of the City, and the full faith and credit and the unlimited taxing power of the City are irrevocably pledged to the punctual payment of the Purchase Price and the interest on the unpaid principal balance of the Purchase Price as and when the same respectively become due and payable. SECTION 3.2 Registration and Transfer of this Agreement. (a) Until the Purchase Price and all interest thereon have been paid in full, the City shall maintain and keep at the offices of the Registrar, registration books for the registration and transfer of this Agreement; and upon presentation of this Agreement for such purpose at the offices of the Registrar, the Registrar shall register or cause to be registered on such registration books, and permit to be transferred thereon, 5 under such reasonable regulations as the City or the Registrar may prescribe, the ownership of this Agreement. The Registrar, however, shall not be required to make any such registration and transfer during the period from the Record Date to the next succeeding Interest Payment Date or final principal payment date. (b) Except for an Estate Settlement Transfer, this Agreement may not be transferred by the Registered Owner prior to the expiration of a one (1) year period from the date this Agreement has been fully executed, delivered and become effective, and any such attempted transfer sMI be null and void. The Registrar shall be instructed not to make any such transfers (other than an Estate Settlement Transfer) on its registration books kept for the purpose of registering the transfer of this Agreement prior to the expiration of said one (1) year period. (c) The Seller is the original Registered Owner. This Agreement shall be transferable only upon the books of the City maintained for such purpose by the Registrar, at the written request of the Registered Owner as then shown on such registration books or his attorney duly authorized in writing, upon presentation and surrender of this Agreement, together with a written instrument of transfer substantially in the form attached hereto as ExMbft D, or as may otherwise be satisfactory to and approved by the Registrar in writing, duly executed by the Registered Owner or his attorney duly autho@ in writing. Upon the surrender for transfer of this Agreement, the Registrar shall complete the Schedule of Transferees attached hereto as Exhibit E with the name, address and tax identification number of the transferee Registered Owner, and the date of the Umsfer; provided, however, that if there is any conflict between the information set forth in Exhibit E hereto and the registration books maintained by the Registrar, the information shown on such registration books shall control. The City and the Registrar may deem and treat the person in whose name this Agreement is registered upon the books of the City maintained by the Registrar as the absolute owner of this Agreement, whether any payments hereunder shall be overdue or not, for the purpose of receiving payment of, or on account of, the Purchase Price and interest thereon and for all other purposes, and all such payments so made to any such Registered Owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon this Agreement to the extent of the sum or sums so paid, and neither the City nor the Registrar shall be affected by any notice to the contrary. For every registration of transfer of this Agreement, the City or the Registrar may make a charge sufficient to reimburse themselves for any tax or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such transfer as a condition precedent to the exercise of the privilege of registering such transfer. SECTION 3.3 Mutilated, Lost, Stolen or Destroyed Agreement. In the event that this Agreement is mutilated, lost, stolen or destroyed, the City and the 6 Registered Owner (as then shown on the registration books maintained by the Registrar) shall execute and deliver a substitute agreement having the same terms and provisions as the mutilated, lost, stolen or destroyed Agreement; provided that, in the case of any mutilated Agreement, such mutilated Agreement shall first be surrendered to the Regis=, and, in the case of any lost, stolen or destroyed Agreement there shall be first furnished to the City and the Regisaw evidence of such loss, theft or destruction satisfactory to the City and the Registrar, together with indemnity satisfactory to each of them in their sole discretion. The City and the Registrar may charge the Registered Owner requesting such new Agreement their expenses and reasonable fees, if any, in this connection. If after the delivery of such substitute Agreement, a bona fide purchaser of the original Agreement (in lieu of which such substitute Agreement was issued) presents for payment such original Agreement, the City and the Registrar shall be entitled to recover such substitute Agreement from the person to whom it was delivered or any other person who receives delivery thereof, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor or otherwise to the extent of any loss, damage, cost or expense incurred by the City and the Regisftw in connection therewith. ARTICLE 4 REPRESENTATIONS AND WARRANTIES SECTION 4.1 Representations and Warranties of the City. The City makes the following representations and warranties: (a) The City is a body politic and corporate and a political subdivision of the State. (b) The City has the necessary power and authority to acquire the Development Rights, to enter into this Agreement, to perform and observe the covenants and agreements on its part contained in this Agreement and to carry out and consummate all transactions contemplated hereby. By proper action, the City has duly authorized the execution and delivery of this Agreement. (c) This Agreement has been duly and properly authorized, executed, sealed and delivered by the City, constitutes the valid and legally binding obligation of the City, and is enforceable against the City in accordance with its terms. (d) There are no proceedings pending or, to the knowledge of the City, threatened before any court or administrative agency which may affect the authority of the City to enter into this Agreement. SECTION 4.2 Representations and Warranties of the Seller. The Seller makes the following representations and warranties: 7 The Seller has full power and authority to execute and deliver this Agreement and the Deed of Easement, and to incur and perform the obligations provided for herein and therein. No consent or approval of any person or public authority or regulatory body is required as a condition to the validity or enforceability of this Agreement or the Deed of Easement, or, if required, the same has been duly obtained. (b) This Agreement and the Deed of Easement have been duly and properly executed by the Seller, constitute valid and legally binding obligations of the Seller, and are fully enforceable against the Seller in accordance with their respective terms. (c) There is no litigation or proceeding pending or, so far as the Seller knows, @tened before any court or administrative agency which, in the opinion of the Seller, will materially adversely affect the authority of the Seller to enter into, or the validity or enforceability of, this Agreement or the Deed of Easement. (d) There is (i) no provision of any existing mortgage, indenture, contract or agreement binding on the Seller or affecting the Land, and (ii) to the knowledge of the Seller, no provision of law or order of court binding upon the Seller or affecting the Land, which would conflict with or in any way prevent the execution, delivery, or performance of the terms of this Agreement or the Deed of Easement, or which would be in default or violated as a result of such execution, delivery or performance, or for which adequate consents, waivers or, if necessary, releases or subordinations, have not been obtained. (e) There exist no liens, security interests or other encumbrances on or with respect to the Land (other than Permitted Encumbrances), and at the time of execution and delivery of the Deed of Easement there will be no liens, security interests or other encumbrances of the Development Rights to be conveyed thereby. (f) The Seller is not a nonresident alien of the United States of America for purposes of federal income taxation. (g) The Social Security Numbers of the Seller are (for Joseph W. Freeman, Jr.) and (for Mary E. Freeman). The representations in subsections (f) and (g) above are made under penalties of Ntury and the information contained therein may be disclosed by the City to the Internal Revenue Service. The Seller acknowledges that any false statement in such subsections could be punished by fine, imprisonment or both. 8 ARTICLE 5 PROVISIONS RELATING TO EXCLUSION OF INTEREST FROM INCOME FOR FEDERAL INCOME TAXATION SECTION 5.1 Intent of City and Tax Covenant of City. The City intends that the interest payable under this Agreement sWI not be includable in the gross income of the Registered Owner for purposes of federal income taxation pursuant to Section 103 of the Code. Accordingly, the City shall not knowingly take or permit to be taken any other action or actions or omit or fail to take any action, which would cause this Agreement to be an "arbitrage bond" within the meaning of Section 148 of the Code, or which would otherwise cause interest payable under this Agreement to become includable in the gross income of any Registered Owner for purposes of federal income taxation. SECTION 5.2 Acknowledgment of Seller with Regard to Tax Consequences of Transaction. The Seller has received an opinion from Kaufman & Canoles, P.C., Bond Counsel, dated the date hereof, to the effect that under existing laws, regulations, rulings and decisions, interest payable under this Agreement is not includable in the gross income of the Seller for federal income tax purposes, which opinion assumes continuous compliance with certain covenants in the Tax Certificate and Compliance Agreement to be executed and delivered by the City on the date of delivery of this Agreement and is otherwise limited in accordance with its terms. The Seller acknowledges that Seller has made Seller's own independent investigation and has consulted with such attorneys, accountants and others as the Seller shall have selected in the Seller's sole discretion to advise the Seller with respect to all other tax considerations related to the transaction contemplated hereby (including, but not limited to, installment sales treatment under Section 453 of the Code, charitable contribution deductions under Section 170 of the Code, and federal estate tax implications); and the Seller certifies that the Seller has not looked to or relied upon the City or any of its officials, agents or employees, or to Bond Counsel, with respect to any of such matters. ARTICLE 6 THE REGISTRAR SECTION 6.1 Appointment of Registrar. First Union National Bank of Virginia is hereby designated and appointed to act as Registrar for this Agreement. SECTION 6.2 Ownership of Agreement. The Registrar, in its individual capacity or as trustee for holders of participation interests in this Agreement, may in good faith buy, sell, own and hold this Agreement, and may join in any action which any Registered owner may be entitled to take with like effect as if it did not act as Registrar hereunder. The Registrar, in its individual capacity, either as principal or agent, may also engage, or have an interest, in any financial or other transaction with the City, and 9 may act as depository, trustee or agent for other obligations of the City as freely as if it did not act in any capacity hereunder. SECTION 6.3 Removal of Registrar and Aogintment of Successor Revistrar. The City shall have the right, subject to the terms of any agreement with the Registrar, to remove the Registrar any time by filing with such Registrar to be removed, and with the Registered Owner, an instrument in writing. Notwithstanding the foregoing, such removal shall not be effective until a successor Registrar has assumed the Registmr's duties hereunder. The City shall have the sole right to select a successor Registrar. SECTION 6.4 Oualifications of Successor Registrar. Any successor Registrar shall be either (a) the Department of Finance of the City, (b) an officer or employee of the City, or (c) a bank, trust company or other financial institution duly organized under the laws of the United States or any state or territory thereof which is authorized by law and permitted under the laws of the State to perform all the duties imposed upon it as Registrar by this Agreement. SECTION 6.5 Successor by Merger or Consolidation. If the Registrar is a bank, trust company or other financial institution, any institution or corporation into which the Regis= hereunder may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Registrar hereunder shall be a party or any institution or corporation su g to the corporate trust business (if any) of the Registrar, shall be the successor Registrar under this Agreement, without the execution or filing of any paper or any @er act on the part of the parties hereto, anything in this Agreement to the contrary notwithstanding. ARTICLE 7 MISCELLANEOUS SECTION 7.1 Successors of City. In the event of the dissolution of the City, all the covenants, stipulations, promises and agreements in this Agreement contained, by or on behalf of, or for the benefit of, the City, the Seller, any other Registered Owner and the Registrar, shall bind or inure to the benefit of the successors of the City from time to time and any entity, officer, board, commission, agency or instrumentality to whom or to which any power or duty of the City shall be transferred. SECTION 7.2 Parties in Interest. Except as herein otherwise specifically provided, nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person, f= or corporation, other than the City, the Seller, any other Registered Owner and the Registrar, any nght, remedy or claim under or by reason of this Agreement, this Agreement being intended to be for the sole and exclusive 10 benefit of the City, the Seller, any other Registered Owner from time to time of this Agreement and the Registrar. SECTION 7.3 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns, including, without limitation, all Registered Owners from time to time of this Agreement. SECTION 7.4 Severability. In case any one or more of the provisions of this Agreement shall, for any reason, be held to be illegal or invalid, such illegality or invalidity shall not affect any other provisions of this Agreement and this Agreement shall be construed and enforced as if such illegal or invalid provisions had not been contained herein or therein. SECTION 7.5 Prior Agreements Cancelled: No Merger. This Agreement completely and fully supersede all other prior agreements, both written and oral, between the City and the Seller relating to the acquisition of the Development Rights. Neither the City nor the Seller shall hereafter have any rights under such prior agreements but shall look solely to this Agreement and the Deed of Easement for definitions and determination of all of their respective rights, liabilities and responsibilities relating to the Land, the Development Rights and the payment for the Development Rights. In addition, this Agreement shall survive the execution and recording of the Deed of Easement in all respects and shall not be merged therein. SECTION 7.6 Amendments, Changes and Modifications. This Agreement may not be amended, changed, modified, altered or terminated except by an agreement in writing between the City and the then Registered Owner. An executed counterpart of any such amendment shall be attached to this Agreement and shall be binding upon such Registered Owner and all successor Registered Owners. SECTION 7.7 No Personal Liability of City Officials. No covenant or agreement contained in this Agreement shall be deemed to be the covenant or agreement of any official, officer, agent or employee of the City in his or her individual capacity, and neither the officers or employees of the City nor any official executing this Agreement shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the issuance thereof, SECTION 7.8 Governing Law. The laws of the State shall govern the construction and enforcement of this Agreement. SECTION 7.9 Notices. Except as otherwise provided in this Agreement, all notices, demands, requests, consents, approvals, certificates or other communications required under this Agreement to be in writing shall be sufficiently given and shall be deemed to have been properly given three Business Days after the same is mailed by I I certified mail, postage prepaid, return receipt requested, addressed to the person to whom any such notice, demand, request, approval, certificate or other communication is to be given, at the address for such person designated below: City: City Manager Municipal Center Virginia Beach, VA 23456 with a copy to: City Attorney Municipal Center Virginia Beach, VA 23456 Seller: Joseph W. Freeman, Jr. 5976 Fitztown Road Virginia Beach, Virginia 23457 Mary E. Freeman 5976 Pitztown Road Virginia Beach, Virginia 23457 Registrar: First Union National Bank of Virginia Corporate Trust Department 2nd Floor 901 East Cary Street Richmond, Virginia 23219 Any of the foregoing may, by notice given hereunder to each of the others, designate any @er or different addresses to which subsequent notices, demands, requests, consents, approvals, certificates or other communications shall be sent hereunder. SECTION 7. 10 Holidays. If the date for making any payment or the last date for performance of any act or the exercising of any right, as provided in this Agreement, shall not be a Business Day, such payment may, unless otherwise provided in this Agreement, be made or act performed or right exercised on the next succeeding Business Day with the same force and effect as if done on the nominal date provided in this Agreement, and in the case of payment no interest shall accrue for the period after such nominal date. S the signatures and seals of the parties hereto as of the date first above written. 12 CITY: [CITY'S SEAL] CITY OF VIRGINIA BEACH, VIRGINIA ATMT: By: James K. Spore, City Manager City Clerk SELLER: (SEAL) Joseph W. Freeman, Jr. (SEAL) Mary E. Freeman Approved for Legal Approved for Sufficiency of Sufficiency this Funds: day of , igg_. Deputy City Attorney Director, Department of Finance 13 COMMONWEALTH OF VIRGINIA AT LARGE, to-wit: The foregoing instrument was acknowledged before me in the City of , Virginia, this _ day of 1 19_, by James K. Spore, City Manager of the City of Virginia Beach, Virginia,@d attested to by City Clerk of the City of Virginia Beach, Virginia, on its behalf. Notary Public (SEAL) My Commission Expires: COMMONWEALTH OF VIRGINIA AT LARGE, to-wit: The foregoing instrument was acknowledged before me in the City of I Virginia, this _ day of 19_, by Joseph W. Freeman, Jr. and Mary E. Freeman. Notary Public (SEAL) My Commission Expires: 14 This instrument was prepared by EXHIBIT A Virginia Beach City Attorney's Office Exemption Claimed: § 58.1-811(A)(3) § 58.1-811(C)(4) DEED OF EASEMENT THIS DEED OF EASEMENT is made this 29th day of November, 1996, by and between JOSEPH W. FREEMAN and MARY E. FREEMAN, husband and wife (collectively, the 'Grantor'), and CITY OF VIRGINIA BEACH, VIRGINIA, a body politic and corporate of the Commonwealth of Virginia (the "City") whose address is Municipal Center, Virginia Beach, Virginia 23456, Grantee. RECITALS WHEREAS, pursuant to the authority granted by the Open-Space Land Act, Chapter 17, Title 10.1 of the Code of Virginia of 1950, as amended (the "Act"), the City adopted the Agricultural Lands Preservation Ordinance (the "Ordinance") as Appendix J to the Code of the City of Virginia Beach, Virginia, as amended (the "City Code'), to promote and encourage the preservation of agricultural land in designated areas within the southern portion of the City; and WHEREAS, in furtherance of the purposes of the Act and the Ordinance, the City has established the Agricultural Reserve Program of the City which provides for the acquisition of development rights through the purchase of agricultural land preservation easements with respect to property located in the portions of the City covered by the Ordinance; and WHEREAS, the Grantor is the owner in fee simple of certain agricultural real property located in the City and more particularly described in Exhibit A hereto (the 'Land'); and WHEREAS, the Land is located in that portion of the City subject to the Ordinance and meets the eligibility criteria of Section 7 of the Ordinance; and WHEREAS, the Grantor has agreed to sell to the City the Grantor's Development Rights (hereinafter defined) in the Land by executing and delivering this Deed of Easement and thereby restrict the use of the Land as described herein; and GPIN #'s 2318-81-8747 2318-70-5588 2318-72-5115 WHEREAS, the city has agreed to purchase the Grantor's Development Rights in the Land to fulfill the policy and purposes of the City as set forth in the Act and the Ordinance; and WHEREAS, the transfer by the Grantor of the Development Rights in the Land shall be in perpetuity; and WHEREAS, in order to provide for the payment of the purchase price for the rights in the Land created hereby, the Grantor and the City have entered into an Installment Purchase Agreement of even date herewith (the "Installment Purchase Agreement'); GRANT NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS ($10.00), the covenants and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor, for Grantor, Grantor's heirs, personal representatives, devisees, successors and assigns, and for any subsequent owner of the Land does hereby grant and convey, with general warranty and English covenants of title, unto the City, and its successors and assigns, forever and in perpetuity, an agricultural land preservation easement in, on, over and with respect to the Land restricting the Land to Agricultural Use and in @erance thereof, does hereby grant and convey, with general warranty and English covenants of title, to the City, and its successors and assigns, forever and in perpetuity, all of the Development Rights with respect to the Land. TERMS, COVENANTS, CONDITIONS AND AGREEMENTS A. The Grantor for Grantor, Grantor's heirs, personal representatives, devisees, successors and assigns covenants with the City, (1) to refrain from engaging in any act or activity, or permitting to occur or suffering to exist any act or activity upon the Land which would constitute the exercise of a Development Right or a use other than an Agricultural Use, it being the intention of the parties that the Land shall be preserved for Agricultural Use in accordance with the provisions of the Ordinance; and (2) that this Deed of Easement shall create a perpetual easement, running with the Land and all portions thereof as an incorporeal and nonpossessory interest therein, enforceable against the Grantor and upon any purchaser, grantee, lessee, owner or other transferee of all or any portion of the Land and any other person or entity having any right, title or interest therein and upon their respective heirs, personal representatives, devisees, successors and assigns; and (3) that the covenants, conditions, limitations and restrictions contained herein are intended to limit the use of the Land as herein set forth. B. The parties, for themselves, their heirs, personal representatives, devisees, successors and assigns, further covenant and agree as follows: 2 (1) As used in this Deed of Easement the term "Development Rights" shall mean the right to develop the Land for any use, including without limitation, any commercial, industrial or residential use, other than for Agricultural Use. (2) As used in this Deed of Easement the term 'Agricultural Use" means (i) the bona fide production of crops, animal or fowl, including, but not limited to, the production of fruits, vegetables, honey, grains, meat, poultry and dairy products, the raising of livestock and poultry, and the production and harvest of products from horticultural, silvicul@ or aquacultural activity, (ii) the repair, expansion or replacement of no more than one (1) bona fide dwelling occupied by the landowner or tenant as of the date of application for entry in the Agricultural Reserve Program and no more than one freestanding mobile home, as permitted by Section 19-19 of the City Code, and (iii) accessory uses directly related to agricultural activities conducted on the same property, including the sale of agricultural products as permitted by Section 401 of the City Zoning Ordinance. The term does not include the processing of agricultural, silvicultural, horticultural or aquacultural products, except as an accessory use. (3) This Deed of Easement does not grant the public any right of entry or access or any rights of use of the Land. (4) THIS EASEMENT SHALL EXIST IN PERPETUITY AND RUN WITH THE ENTIRE ACREAGE OF THE LAND. (5) The purpose of this Deed of Easement shall be to (i) promote and encourage the preservation of farmland, and promote and enhance agriculture as an important industry within the City, (ii) preserve the rural character of the southern part of the City, (iii) conserve and protect environmentally sensitive lands, waters and other resources, (iv) reduce and defer the need for major infrastructure improvements in the southern part of the City and the expenditure of public funds for such improvements, (v) preserve open spaces, and (vi) assist in shaping the character, direction and timing of community development. (6) In the event of a violation or attempted violation of any of the provisions hereof, the City and its successors and assigns, may institute and prosecute any proceeding at law or in equity to enforce the provisions hereof or to abate, prevent or enjoin any such violation or attempted violation. WITNESS, the hand and seal of the Grantor as of the date first above written. 3 GRANTOR: (SEAL) Joseph W. Freeman, Jr. (SEAL) Mary E. Freeman COMMONWEALTH OF VIRGINIA AT LARGE, to-wit: The foregoing instrument was acknowledged before me in the City of , Virginia, this _ day of 199_, by Joseph W. Freeman, Jr. and Mary E. Freeman, Grantor. Notary Public (SEAL) My Commission Expires: 4 EXHIBIT A ALL THAT certain tract, piece or parcel of land, with the appurtenances thereunto belonging, lying, situate and being in the Pungo Borough of the City of Virginia Beach, Virginia, containing 178.82 Acres, as set forth on that certain plat entitled "Survey of Property of Joseph W. Freeman, D.B. 1761, P. 432, Pungo Borough, Virginia Beach, VA." made for Joseph W. Freeman, dated February 26, 1979, made by Gallup Surveying, Ltd.; said plat being duly recorded in the Clerk's Office of the Circuit Court of the City of Virgnia Beach, Virginia, in Map Book 132, page 35. LESS AND EXCEPT all portions of the above-described property, if any, which contain any of the following soil types: (1) Back Bay Mucky Peat; (2) Dorovan Mucky Peat; (3) Nawney Silt Loam; or (4) Pamlico Mucky Peat, Ponded. [LESS AND EXCEPT that certain tract, piece or parcel being a portion of the above described property designated and described as "#" as shown on that certain plat entitled: "#", Scale #" = #", dated #, prepared by #, which plat is intended to be recorded simultaneously herewith.] 5 EXHIBIT B ALL THAT certain tract, piece or parcel of land, with the appurtenances thereunto belonging, lying, situate and being in the Pungo Borough of the City of Virginia Beach, Virginia, containing 178.82 Acres, as set forth on that certain plat entitled "Survey of Property of Joseph W. Freeman, D.B. 1761, p. 432, Pungo Borough, Virginia Beach, Va." made for Joseph W. Freeman, dated February 26, 1979, made by gallup Surveying, Ltd.; said plat being duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 132, page 35. LESS AND EXCEPT all portion sof the above-described property, if any, which contain any of the following soil types: (1) Back Bay Mucky Peat; (2) Dorovan Mucky Peat; (3) Nawney Silt Loam; or (4) Pamlico Mucky Peat, Ponded. [LESS AND EXCEPT that certain tract, piece or parcel being a portion of the above described property designated and described as "#" as shown on that certain plat entitled: "#", scale #" = #', dated #, prepared by #, which plat is intended to be recorded simultaneously herewith.] EXHIBrr C PERMITTED ENCUMBRANCES [SEE ATRACHED] 17 EXHIBIT D ASSIGNMENT FOR VALUE RECEIVED, and ([collectively,] the "Registered Owner") hereby sell[s], assign[s] and transfers unto , without recourse, all of the Registered Owner's right, title and interest in and to the Installment Purchase Agreement to which this Assignment is attached; and the Registered Owner hereby irrevocably directs the Registrar (as defined in such Agreement) to transfer such Agreement on the books kept for registration thereof. The Registered Owner hereby represents, warrants and certifies that there have been no amendments to such Agreement [except Date: Signature guaranteed: NOTTCE: Signature must be NOTICE: The signature on this guaranteed by a member firm Assignment must correspond with of the New York Stock the name of the Registered Owner Exchange or a commercial as it appears on the registration bank or trust company. books for the Installment Purchase Agreement referred to herein in every particular, without alteration or enlargement or any change whatever. 18 EXHIBIT E TRANSFER OF AGREEMENT - SCHEDIJIE OF TRANSF The transfer of this Installment Purchase Agreement may be registered only by the Registered Owner under such Agreement in person or by its duly autho@ officer or attorney upon presentation hereof to the Registrar, who shall make note thereof in the books kept for such purpose and in the registration blank below. Date of Name and Tax I.D. No. Signature of Registrar Registration of Address of of Transferee Transfer Transferee Registered Seller 2. 3. 4. 5. 6. 19 CONSENT AGENDA ORDINANCES ITEM # 41444 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AMEND Section 35-66 of the City Code re applications for exemption, deferral or freezes of real estate taxes for senior citizens and disabled persons by permitting use of written statements. Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branct% III, William W Harrison, Jr., Barbara M. Henley, Louis R Jones, Reba & McCianan, Mayor Meyera E, Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Sfrayhom Council Meinbers Voting Nay: None Council Members Absent. Harold Heischober November 26, 1996 1 2 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING 3 TO APPLICATIONS FOR EXEMPTION, DEFERRAL OR 4 FREEZES OF REAL ESTATE TAXES BY PERMITTING THE 5 USE OF WRITTEN STATEMENTS 6 7 SECTION AMENDED: CITY CODE SECTION 35-66 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Section 35-66 of the Code of the City of Virginia Beach, 11 Virginia, is hereby amended and reordained to read as follows: 1 12 Sec. 35-66. **************************** Application for 13 exemption; certificate of disability. 14 (a) Each person (or persons) claiming an exemption, deferral 15 or freeze under this division shall file a real estate tax 16 exemption/deferral/freeze affidavit or written statement with the 17 city manager. The affidavit or written statement shall be filed is between January 1 and June 30 preceding the tax year for which 19 relief is sought. Such affidavit or written statement shall set 20 forth, in a manner prescribed by the city manager, the location and 21 assessed value of the property and the names of the related persons 22 occupying the dwelling for which exemption, deferral or freeze is 23 claimed, their gross combined income and their net combined 24 financial worth. The affidavit or written statement shall also 25 include indication as to whether the person or persons claim either 26 the exemption, deferral or freeze option, the amount of deferral 27 being one hundred (100) percent of the real estate tax liability. 28 Germeneing en Tan;aar-y I:, 9:990, eeach affidavit or written statement 29 filed pursuant to this section shall be deemed valid for a period 30 of three (3) years; provided, however, that each year during the 31 three-year period and within the time requirement for filing 32 affidavits or written statements, the person or persons claiming 33 exemption, deferral or freeze shall file with the city manager a 34 certification that the information contained on the affidavit or 35 written statement has not changed or that, if any change has 36 occurred, that such change does not serve to violate the 37 limitations and conditions provided in this division. 38 (b) If the applicant is under sixty-five (65) years of age, 39 the affidavit or written statement required by subsection (a) above 40 shall have attached thereto a certification by the social security 41 administration, the veterans administration or the railroad 42 retirement board, or if such person is not eligible for 43 certification by any of these agencies, a sworn affidavit by two 44 (2) medical doctors licensed to practice medicine in the 45 commonwealth, to the effect that such person is permanently and 46 totally disabled, as defined in section 35-61. The affidavit of at 47 least one of such doctors shall be based upon a physical 48 examination of the applicant by such doctor. The affidavit of one 49 of such doctors may be based upon medical information contained in 50 the records of the civil service commission which is relevant to 51 the standards for determining permanent and total disability, as 52 defined in section 35-61. 53 (c) The city manager is hereby authorized to accept and 54 process late filings of the affidavits or written statements 55 described in subsections (a) and (b) above until July thirty-first 56 of the tax year for which exemption, deferral or freeze is sought. 57 The city manager shall accept and process such late filings in 58 cases of (1) first time applicants, or (2) where he determines that 59 the failure to grant the exemption, deferral or freeze would serve 60 to create an extreme hardship for the applicant. 61 Adopted by the City Council of the City of Virginia Beach, 62 Virginia, on this 26th day of November, 1996. 63 CA-6454 64 DATA/ORDIN/PROPOSED/35-66.ORD 65 SEPTEMBER 30, 1996 66 Rl 2 - 19 - Item V-J.3. CONSEAT AGENDA ORDINANCES ITEM # 41445 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinances re Virginia Beach Public Schools: a. Cooperative Agreement between City Council and the Virginia Beach School Board re providing legal services to the Board by the Office of the City Attorney in FY 1996-1997 b. APPROPRIATE $39,519 in unappropriated School CIP funds; and TRANSFER $85,481 between various school capital projects re a sudy ofpossible Technical and Career Education Center. Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, William W Harrison, Jr., Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Ytce Mayor William 1). Sessonts, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Harold Heischober November 26, 1996 1 AN ORDINANCE APPROVING A COOPERATIVE AGREEMENT 2 BETWEEN CITY COUNCIL AND THE VIRGINIA BEACH 3 SCHOOL BOARD PERTAINING TO THE PROVISION OF 4 LEGAL SERVICES TO THE BOARD BY THE OFFICE OF 5 THE CITY ATTORNEY IN FISCAL YEAR 1996-97 6 WHEREAS, on November 5, 1996, the Virginia Beach School 7 Board formally approved a "Cooperative Agreement Between the City 8 Council and the School Board of the City of Virginia Beach 9 Pertaining to Legal Services to be Provided to the School Board by 10 the office of the City Attorney in Fiscal Year 1996-199711 11 (hereinafter "Cooperative Agreement"); and 12 WHEREAS, City Council discussed, and informally expressed 13 its approval of, the Cooperative Agreement at its meeting on 14 November 12, 1996, and directed that the Cooperative Agreement be 15 placed on the agenda for its November 26, 1996, meeting to be 16 formally approved. 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA: 19 1. That City Council hereby approves the Cooperative 20 Agreement which is attached hereto; 21 2. That the Mayor is hereby authorized to execute the 22 Cooperative Agreement on behalf of the City Council; and 23 3. That, in accordance with the provisions of the 24 Cooperative Agreement, the City Council hereby authorizes the 25 creation of an additional full-time employee (FTE) in the City 26 Attorney's Office at the level of an Attorney II, effective 27 February 1, 1997. 28 Adopted by the Council of the city of Virginia Beach, 29 Virginia, on the 26 day of November 1996. 30 CA-6488 31 ORDIN\NONCODE\LEGALSERV.ORD 32 R-1 33 PREPARED: 11/19/96 COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATTON BY THE OFFICE OF THE CITY ATTORNEY IN FTSCAL YEAR 1996-1997 1. Chapter 9 of the Charter of the City of Virginia Beach, Virginia ("City Charter') provides that the City Attorney shau be the chief legal advisor of the City Council, the City Manager, and of aU deparumnts, boards, commissions and agencies of the City in aU matters affecting the interests of the City, and that he shau have such powers and duties as May be assigned by the Council. 2. The City Charter also provides that the City Attorney is appointed by the City Council and serves at its pleasure. 3 . The School Board is established by the Virginia Constitution, the City Charter, and provisions of general law, and is a body corporate vested with all of the powers and duties of local school boards conferred by law, including the right to contract and be contracted with, to sue and be sued, and to purchase, take, hold, lease, and convey school property both real and personal. 4 . The School Board is authorized by Section 22.1-82 of the Code of Virginia (1950), as amended, to employ counsel to advise it, and to pay for such advice out of funds appropxiated to the School Board. 5 . Since the inception of the City and its School Board, the Office of the City AWmy has provided legal services to the School Board and School Administmtion in certain matters with the consent of both bodies. 6. Both the City Council and the School Board have long recognized the cost advantage and savings to taxpayers as the prime reason for sharing services of the City Attomey's Office. 7. Generally, the Office of the City Attorney has provided day-to-day legal services to the School Board with respect to real estate matters, representation of the Board on personnel matters, general administrative and procedural issues, and minor litigation, and the School Board has employed independent legal counsel in matters involving special education, representation of School Administration on personnel issues, and most litigation, especially where the Board is indentified by insurance. 8 . Prior to FY 1994, the Office of the City Attorney historically allocated approximately one-third of an attomey's time (500 hours) to school matters; however, this allocation, funded 100% by the City, was routinely exceeded. 9. In Cooperative Agreements entered into by and between the City Council and the School Board for FY 1994-95 and FY 1995-96, it was recognized that, at a minimum, the equivalent of one full-time attorney position of approximately 1650 hours with staff support was necessary to adequately perform the level of service historically provided to the Board, and that new issues would continue to evolve with the advent of an elected School Board which might alter or enlarge the amount of legal services that the School Board would want to be provided by the Office of the City Attorney. 10. The School Board has recognized a need for the Office of the City Attorney to provide an expanded level of legal services and, therefore, has requested the Office of the City Attorney to provide the equivalent of two (2) full-time attorney positions (or 3300 hours per year) beginning January 1, 1997, or as soon thereafter as possible. 1l. The Virginia Code of Professional Responsibility for the Legal Profession requires the independent professional judgment of the Office of the City Attorney on behalf of its clients. 12. The City Council and the School Board recognize that the potential for conflicting interests between the Council and the Board may arise, and in such cases, the City Attorney must reft-ain from representation of interests which may conflict. 13. The City Council and the School Board also recognize that they must work together and with the City Attorney to identify any real or perceived potential for conflict at the earliest possible time, advise each other and the City Attorney of any such conflict as 2 soon as it arises so as not to compromise the interests of the City Council or the School Board, and assist the City Attorney in avoiding any violation or appearance of violation of the Code of Professional Responsibility. 14. The City Council and the School Board further recognize that it remains in the best interest of the taxpayers of the City for the School Board to continue to use the legal services of the Office of the City Attorney to the extent that no real or perceived conflict is present, and to the extent the City Attorney is budgeted and staffed to handle assigned legal business of the Board. Objectives: The objective of this Cooperative Agreement is to define the scope and nature of the relationship between the City Attorney's Office and the School Board, to provide for the delivery of designated legal services to the School Board, and to avoid any real or perceived conflict in the delivery of those services. NOW, THEREFORE, the City Council and the School Board hereby agree as follows: 1. The Office of the City Attorney will dedicate one full-time attorney at the Attorney IV level who will be located in the School Administration Building and will devote all of his fim (i.e., 1650 hours per year) to the provision of legal services to the School Board and School Administration. 2. During the term of this Agreement, the dedicated attorney shall be John F. Newhard, Jr.; provided, however, that if a majority of the members of the Board express dissatisfaction with the legal services provided by the assigned attorney, or by any other attorney assigned to represent the Board, the City Attorney will nieet with the Board to discuss and evaluate its concerns. Additionally, if the Board and the City Attorney agree that the most mwnable way to address the Board's concerns is to assign another attorney to represent the Board, the City Attorney will use his best efforts to make such an assignment as soon as possible. 3 3. The Office of the City Attorney will also provide an additional 1650 hours per year of legal services to the School Board and School Administration. These services will be provided by the other attorneys in the Office based upon their various areas of expertise with school-related legal issues. These hours of additional services will be offset by the City Attorney's employment of a new attorney up to the level of an Attorney II. 4. The Office of the City Attorney will provide day-to-day legal services to the School Board and School Administmtion with respect to real estate matters, representation of the School Administmtion in personnel matters, general administrative and procedural issues, and general lifiption, and will endeavor to handle as many other legal matters in- house as it is capable of handling subject to the provisions of this Agreement. 5. The City Council and the School Board recognize and understand that the School Board AO be responsible for the management of its legal matters; that, to the extent contemplated by this Agreement, the City Attorney shall be designated as the chief legal advisor of the Board and the School Administration, and shall assist the Board and Administration in the management of the Board's legal matters; and that the City Attorney shall report to the Board concerning those matters he has been assigned by the Board to manage and/or handle on its behalf. 6. The School Board agrees to transfer, to the City Attorney's budget, funds in the amount shown on Exhibit A (attached) for two (2) full-time attorney positions and necessary secretarial support. 7. Based upon this transfer, the City Council agrees to increase position allocations in the Office of the City Attorney to allow for the employment of one additional full-time attorney, effective January 1, 1997, or as soon thereafter as possible. 8 . The City Council and the School Board recognize the potential for real or perceived conflicts in the provision of legal services by the City Attorney, and agree to be vigilant in advising the City Attorney of such issues as they arise. Additionally, the City Council and the School Board understand that in such cases, the City Attorney will refrain from participation on behalf of the School Board but, to the extent ethically permissible, will continue representation of the City Council. 4 9. The City Council and the School Board further recognize that the ability of the City Attorney's Office to provide legal services to the School Board is limited by the attorney hours allocated pursuant to this Agreement, the other provisions of this Agreement, and ethical constants as they may arise. 10. The parties agree that this Cooperative Agreement is not a contract to be enforced by either party but is rather an agreement setting forth the understanding of the parties regarding the parameters within which the Office of the City Attorney will provide legal services to the School Board and School Administration. 11. As indicated herein, it is not contemplated that the City Attorney's Office will provide more dm 3300 hours of legal services under this Agreement in FY 1997. 12. This Cooperative Agreement shau commence with the fiscal year of the parties which commenced July 1, 1996, and expires June 30, 1997, and may be revised, as necessary, and renewed each year thereafter; provided, however, that each party shall give the other party notice of any intention to revise or not to renew the Agreement within ninety (90) days of the date of expiration of this Agreement, or any renewal hereof, in order that the other party will have the opportunity to appropriate budget and staffing adjustments. 13. This Agreement shall be submitted to, and approved by, the City Council and the School Board, and shall become effective retroactive to July 1, 1996. CITY COUNC]IL, CITY OF VIRGMA BEACH By: Meyers E. Obe orf, Mayor SCHOOL BOARD OF CrrY OF VIRGMU BEACH By: Robert P. Hagan,, Jr., Chairman 5 School Board of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the School board of the City of Virginia Beach on By: Secretary of the School Board City Council of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the City Council of the City of Virginia Beach, Virginia on By: City Clerk aw 6 EXHIBIT A SCHOOL FUNDING FY 96/97 Page 1 Attorney IV Salary, Benefits & Admin. Costs (7/l/96 - 6/30197) $70,099.81 Attorney II Salary, Benefits & Admin. Costs (2/l/97 - 6/30/97) 28,279.50 Secretary II Salary, Benefits & Admin. Costs (7/l/96 - 12/31/96) 11 644.64 Total Needed $110,023.95 Funds Appropriated in School Board's FY 96/97 Operating Budget 61,613.00 Additional Funds Needed $48,410.95 WB2 SCHOOL FUNDING - FY 9W97 Page 2 ATTORNEY IV SALARY AND BENEFITS (7/l/96 - 3131/97) ACCT* ACCOUNTNAME FUNDING 01130 Professional Salaries ($2,307.00 X 18 pay periods) $41,520.00 02101 FICA (MAX $62,700) 6.20% 2,574.61 02104 Medicare 1.45% 502.13 02201 Retirement 9.77% 4,057.09 02301 Health & Dental ($170 X 9 months) 1,530.00 02302 Life Insurance 0.35% 145.34 Total Benefits (7/l/98 - 3/31/97) $8,909.17 Total Salary & Benefits (7/1/96 - 3/31/97) $50,435.17 ATTORNEY IV SALARY AND BENEFITS (4/l/97 - S./30197) (Merit 4.5%) 01130 Professional Salaries ($2,410.82 X 6 pay periods) $14,464.92 02101 FICA (MAX $82,700) 8.20% $96.83 02104 Medicare 1.45% 209.74 02201 Retirement 9.77% 1,413.22 02301 Health & Dental ($170 X 3 months) 510.00 02302 Life Insurance 0.35% 50.63 Total Benefits (4/l/97 - W30/97) $3,080.42 Total Salary & Sonerits (4/l/97 - 6/30/97) $17,545.34 Total Salary (7/i/95 - 6/30/97) $55,990.92 Total Benefits (7/i/96 - W30/97) $11,989.59 Total Aftomay Salary & Benefits (7/l/96 - 6/30/97) $67,980.51 ATTORNEY IV ADMIN. COSTS (7/l/96 - 8/30/97) 04102 Microcomputer Services (1 computer) 625.00 04103 Telecommunications Regular Service ($31.26 a 5 months) 156.30 Voice Mail ($4.80 a 5 months) 24.00 iao.30 05203 Telecommunications - Long Distance 50.00 05401 Office Supplies (MISC.) Boise 100.00 05415 Computer Supplies Laser Printer Toner 20.00 05501 Conferences 250.00 05502 Routine Travel 100.00 05507 Mandated Training 500.00 05801 Dues & Membership Virginia State Bar 169.00 Virginia Beach Bar 125.00 294.00 Total Attorney Admin. Costs (7/l/96 - 6/30/97) $2,119.30 Total Attorney Salary, Soneflts & Admin. Costs (7/i/96 - 6130/97) $70,099.81 IRJM G@M@ WV2 SCHOOL FUNDING - FY 96/97 Page 3 ATTORNEY II SALARY AND BENEFITS (2/1/97 - 6/30/97) ACCT# ACCOUNTNAME FUNDING 01130 Professional Salaries ($2,094.19 X 10 pay periods) $20,941.90 02101 FICA (MAX $62,700) 6.20% 1,298.40 02iO4 Medicare i.45% 303.66 02201 Retirement 9.77% 2.045.02 02301 Health & Dental ($170 X 5 months) 850.00 02302 Life Insurance 0.35% 73.30 Total Benefits (2/1/97 - 6/30/97) $4,571.38 Total Salary & Benefits (2/1/97 - 6/30/97) 125,513.28 ATTORNEY II ADMIN. COSTS (2/l/97 - 8/30/97) 04102 Microcomputer Services (1 computer - 5 months) 260.42 04103 Telecommunications Regular Service ($31.26 @ 5 months) 156.30 Voice Mail ($4.80 @ 5 months) 24.00 180.30 05203 Telecommunications - Long Distanre 50.00 05401 Office Supplies (Misc.) Boise 100.00 05415 Computer Supplies Laser Printer Toner 19.50 Windows License 58.00 GroupWise License 48.DO 125.50 06499 Non-Capitalized Equipment New (Desk) 0.00 ossoi Conferences 250.00 05502 Routine Travel 50.00 05507 Mandated Training 250.00 05801 Dues & Membership Virginia State Bar 0.00 Virginia Beach Bar 0.00 0.00 07307 Data Processing Equipment (Computer System) 1,500.00 Total Attorney Admin. Costs (2/l/97 - 6/30/97) $2,766.22 Total Attorney Salary, Benefits & Admin. Costs (2/l/97 - 6/30/97) 279.50 l@ CI:WSEMWOWrrQUA WW SCHOOL FUNDING - FY 96/97 Page 4 SECRETARY II SALARY AND BENEFITS (7/1/96 - 12/31/96) ACCTO ACCOUNTNAME FUNDING 01170 Clerical Salaries ($688.72 X 12 pay periods) $8,264.64 02101 FICA (MAX $62,700) 6.20% 512.41 02104 Medicare 1.45% 119.84 02201 Retirement 9.77% $07.46 02301 Health & Dental ($170 X 6 months) 1,020.DO 02302 Life Insurance 0.35% 28.93 Total Beneffts (7/1/96 - 12/31/96) $2,488.64 Total Secretary Salary & Benefits (7/1/96 - 12/31/96) $10,753.28 SECRETARY II ADMIN. COSTS (7/l/96 - 12/31/96) 04102 Microcomputer Services (1 computer) 625.00 04103 Telecommunications Regular Service ($31.26 @ 6 months) 187.56 Voice Mail ($4.80 @ 6 months) 28.80 2i6.36 05203 Tolecommunications - Long Distance 25.00 05401 Office Supplies (Misc.) Boise 25.00 06415 Computer Supplies Windows License 0.00 GroupWise License 0.00 0.00 Total Secretary Admin. Costs (7/l/98 - 12/31/96) $891.36 Total Secretary Salary, Benefits & Admin. Cogs (7/l/96 - 12/31/96) 6"." IIMNG@WSCarr,QUA WB2 1 AN ORDINANCE TO APPROPRIATE $39,519 IN UNAPPROPRIATED SCHOOL 2 CIP FUNDS AND TO TRANSFER $85,481 BETWEEN VARIOUS SCHOOL 3 CAPITAL PROJECTS TO PROVIDE FUNDS TO STUDY A POSSIBLE 4 NEW TECHNICAL AND CAREER EDUCATION CENTER 5 WHEREAS, the School Board has a continuing interest in pursuing a New Technical and 6 Career Education Center, and has so indicated through a Resolution of November 19, 1996; 7 WHEREAS, the School School Board wishes to pursue an addition to the design contract for 8 High School 2001 to study possible alternatives for such a facility, and estimates cost of such a 9 study at $125,000; 10 WHEREAS, School staff have identified, within existing School CIP resources, revenues 11 and unencumbered appropriations equal to $125,000, as follows: 12 13 Ocean Lakes High School Project #1-010 $ 895 14 Larkspur Middle School Project #1-053 627 15 Various Schools Additions Project #1-057 50,000 16 First Colonial High School Addition Project #1-076 16,459 17 Kellam High School Addition Project # 1-077 17,500 18 TOTAL TRANSFERS $ 85,481 19 Unappropriated CIP Funds from prior years $-@ 20 TOTAL RESOURCES $125,000 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA that funds in the amount of $39,519 in unappropriated School 23 CIP funds be appropriated to High School 2001 Project # 1-046; and that $85,481 be transferred 24 to Project #1-046 from the School CIP projects listed. 25 BE IT FURTHER ORDAINED that revenues from Transfer School Operating Fund-Loan 26 Cancel be increased by $39,519. 27 This ordinance shall be effective on the date of its adoption. 28 Adopted by the Council of the City of Virginia Beach, Virginia on the 26 day of 29 November -,1996. 7'O 30 Approved as to Content: 31 32 Walter C. Kraemer, ir-@- B - 20 - Item V-J.4. CONSEA7 AGENDA ORDINANCES ITEM # 41446 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize acquisition of property, by purchase or condemnation, including temporary and permanent easements in fee simple for right-of-way of Phoenix Drive and Sabre Street signalization (CIP 2-285.89) re the second phase of the City's Traffic Safety Improvement program (LYNNHAVEN BOROUGH). Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McCianan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhom Council Members Voting Nay: None Council Members Absent.- Harold Heischober November 26, 1996 1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF 2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR 3 PHOENIX DRIVE & SABRE STREET SIGNALIZATION 4 (CIP 2-285.89) & THE ACQUISITION OF TEMPORARY 5 AND PERMANENT EASEMENTS, EITHER BY AGREEMENT 6 OR CONDEMNATION 7 WHEREAS, in the opinion of the Council of the City of 8 Virginia Beach, Virginia, a public necessity exists for the 9 construction of this important roadway to provide transportation 10 and for other public purposes for the preservation of the safety, 11 health, peace, good order, comfort, convenience, and for the 12 welfare of the people in the city of Virginia Beach: 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 14 CITY OF VIRGINIA BEACH, VIRGINIA: 15 Section 1. That the City Council authorizes the 16 acquisition by purchase or condemnation pursuant to Sections 17 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-89, et 18 seq., Title 25-46.1 et seq., Code of Virginia of 1950, as 19 amended, all that certain real property in fee simple, including 20 temporary and permanent easements of right of way as shown on the 21 plans for the Phoenix Drive & Sabre Street Signalization (CIP 2- 22 285.89), these plans being on file in the Engineering Division, 23 Department of Public Works, city of Virginia Beach, Virginia. 24 Section 2. That the City Manager is hereby 25 authorized to make or cause to be made on behalf of the City of 26 Virginia Beach, to the extent that funds are available, a 27 reasonable offer to the owners or persons having an interest in 28 said lands. If refused, the City Attorney is hereby authorized to 29 institute proceedings to condemn said property. 30 Adopted by the Council of the city of Virginia Beach, 31 Virginia, on the 26th day of November, 1996. 32 TK/JCL/bsh 33 09/27/96 34 h:\wp6l\phoeord.bh APPROVED AS TO CONTENT 35 0 36 oty Real Estate Agent AS L GUARDIAN LANE LOCATION -- SABRE STREET OIIV~ DRIVE PHOENIX DRIVE/SABRE INTERSECTION SCALE: 1" : 400' STREET · PREPARED BY P/W ENO, DRAFT. 9/11/96 - 21 - Item V-J.5. CONSENT AGENDA ORDINANCES ITEM # 41447 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $40,000 from the Virginia Commonwealth Transportation Board to the Department of Planning and Community Development's FY 1996-1997 Operating Budget; TRANSFER $10,000 from within the General Fund for the required match to continue the third year of the Transportation Efficiency Improvement Program and the temporary full-time position. Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Barbara M. Henley, Louis R Jones, Reba & McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Harold Heischober November 26, 1996 I AN ORDINANCE TO ACCEFR AND APPROPRIATE $40,000 FROM THE 2 VIRGINIA COMMONWEALTH TRANSPORTATION BOARD TO THE FY 1996-97 3 OPERATING BUDGET OF TIHE DEPARTMENT OF PLANNING AND COMMUNITY 4 DEVELOPMENT, AND TO TRANSFER $10,000 FROM WITHIN THE GENERAL FUND 5 FOR THE REQUIRED MATCH, TO CONTINUE THE THIRD YEAR OF THE 6 TRANSPORTATION EFFICIENCY IMPROVEMENT PROGRAM 7 WHEREAS, the federal and state governments have committed resources to the continued development of 8 transportation plans to reduce single occupancy vehicles, in order ic, reduce the demand for new or expanded 9 transportation facilities, I 0 WHEREAS, the City of Virginia Beach was approved for a grant to develop transportation alternatives, and I I has put in place a program, with temporary staff, to develop and implement transportation demand management 1 2 strategies and alternatives; 1 3 WHEREAS, the Commonwealth of Virginia,rransportation Board has designated $40,000 in available 1 4 Congestion Mitigation and Air Quality funds for the Virginia Beach program for the third year of the progrm; 1 5 WHEREAS, the required $10,000 in cash match is available from within the FY 1996-97 Operating Budget 1 6 for Mass Transit Operations. 1 7 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 1 8 BEACH, VIRGINIA, that funds in the amount of $40,000 be accepted and appropriated from the Commonwealth of 1 9 Virginia Transportation Board to the FY 1996-97 Operating Budget of the Department of Planning and Community 20 Development, with a corresponding increase in estimated revenues@ 2 1 BE ff FURTHER ORDAINED that funds in the amount of $10,000 be transferred from within the FY 22 1996-97 Operating Budget for the required match, 23 BE IT FURTHER ORDAINED that the temporary full-time position be continued in the Department of 24 Planning and Community Development for the Transportation Efficiency Improvement Program. 25 This ordinance shall be in effect from the date of its adoption 26 Adopted the 26 day of November 1996, by the Council of the City of Virginia Beach, 27 Virginia. APPROVE ONTENT Lt.15. Mork, Director f.\u@\sjohnsto\oouncil\teip97.,,d Department of Management Se@ices - 22 - item V-J.6. CONSENT AGENDA ORDINANCES ITEM # 41448 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $23,800 fuel grant from the Virginia Department of Transportation (VDOT) to the Department of General Services' FY 1996-1997 Operating Budget for an alternative fuel project re conversion of four vehicles to compressed natural gas; Authorized City Manager to execute an Agreement for Services with VDOT for participation; and estimated revenue from the Commonwealth be increased accordingly. Voting: 10-0 (By Consent) Council Members Voting Aye: John A Baum, Linwood 0. Branc,% 111, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba 9 McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent.- Harold Heischober November 26, 1996 I AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT OF $23,800 2 FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO 3 THE DEPARTMENT OF GENERAL SERVICES FY 1996-97 OPERATING BUDGET 4 FOR AN ALTERNATIVE FUELS PROJECT 5 6 7 WHEREAS, the Clean Air Act passed by Congress requires localities to develop strategies for the use of 8 alternative fuels; 9 10 WHEREAS, ftuids are available from the Virginia Department of Transportation (VDOT) to assist localities 11 in this effort; 12 13 WHEREAS, the City of Virginia Beach has applied for and been chosen to receive an alternative fuels grant 14 from VDOT in the amount of $23,800 to assist with the conversion of four vehicles to compressed natural gas; 15 16 WHEREAS, the City of Virginia Beach will provide matching funds through the provision of four vehicles, 17 of which two are existing and two are new vehicles funded in the FY 1996-97 operating budget; and 18 19 WHEREAS, VDOT has requested written acceptance of this grant award which will require the City to execute 20 an Agreement for Services to obtain the grant funds on a reimbursement basis; 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 23 VIRGINIA: that the City Council hereby accepts and appropriates a grant in the amount of $23,800 from the Virginia 24 Department of Transportation to the Department of General Services FY 1996-97 Operating Budget for an alternatives 25 fuel project. 26 27 BE IT FURTHER ORDAINED: that the City Manager is hereby authorized and directed to submit to VDOT 28 written acceptance of the grant award, and to execute, on behalf of the City of Virginia Beach, an Agreement for 29 Services with VDOT for participation in an alternative fuels project. 30 31 BE IT FURTHER ORDAINED: that estimated State revenues from the Commonwealth are hereby increased 32 by $23,800. 33 34 This ordinance shall be effective from the date of its adoption 35 36 Adopted by the Council of the City of Virginia Beach, Virginia on the 26th day of 37 November , 1996. 38 39 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM 40 41 42 DEPARTMENT OF MANAGEMENT SERVICES CITY ATTORNEY 43 44 45 c:\budget\96-97\altfuels.ord vol. 56 sgh GEI@[ RAL. SERVICES L@EPA COMMONWEALTH of VIRGINIA L DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET DAVID R. GEHR RICHMOND, 23219 1939 COMMISSIONEFI October 29, 1996 City of Virginia Beach Department of General Services Municipal Center Viro-inia Beach. VA 23456 Attn: Mr. David M. Grochmal Dear Mr. Grochmal: Thank you for your application for funding from the Virginia Alternative Fuels Revolving Fund Program. For FY 97, a total of $1 million was requested by applicants. The program's funding level is $504,000. After careful review by a committee and others, grant awards were recommended. I am pleased to inform you that your grant application has been selected for $23,800 in funding to assist in purchasing four dedicated CNG vehicles. Please let us know if you accept this grant award with a written response by November 13, 1996 to: Mr. Thomas Finan, Alternative Fuels Program Virginia Department of Transportation 1401 E. Broad Street, Rm. 410 Richmond, VA 23219 Tel. (804) 786-1508 FAX (804) 786-2603 Upon receipt of your response, the Agreement for Services will be forwarded for project implementation. Thank you for your interest in this program. Very truly yours, - -r, David R. Gehr Commissioner cc: Mr. James W. Atwell Mr. Clement W. Mikowski - 23 - Item V-J.7. CONSENT AGENDA ORDINANCES ITEM # 41449 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $20,000 grant from the Virginia Department of Environmental Quality to the Department of Planning re coordinating the construction of six Chesapeake Bay Watershed Habitat Conservation and Restoration Implementation Projects,, TRANSFER $11,000 from the FY 1996-1997 General Fund Reserve to the Department of Planning for a required cash match; and estimated revenue from the Commonwealth be increased accordingly. Voting: 10-0 (By Consent) Council Meinbers Voting Aye: John A. Baum, Linwood 0. Branci4 III, William W. Harrison, Jr., Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Harold Heischober November 26, 1996 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT 2 IN THE AMOUNT OF $20,000 FROM THE VIRGINIA 3 DEPARTMENT OF ENVIRONMENTAL QUALITY 4 AND TO TRANSFER $11,000 AS A GRANT MATCH 5 FROM THE FISCAL YEAR 1996-1997 6 GENERAL FUND RESERVE 7 WHEREAS, the Commonwealth of Virginia's Department of Environmental 8 Quality has provided a grant in the amount of $20,000 to allow for the construction of six (6) 9 Chesapeake Bay Watershed Habitat Conservation and Restoration Implementation Projects on 10 public properties in the City of Virginia Beach; 11 WHEREAS, this grant requires a cash match of $11,000 which is available in the 12 Fiscal Year 1996-1997 General Fund Reserve; and 13 WHEREAS, the work to be provided through these resources will significantly 14 enhance the opportunity to restore, enhance and conserve valuable natural resource amenities 15 upon public lands within the City and thereby provide a unique opportunity to augment both 16 passive recreational opportunities and environmental education. 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGIMA, that a $20,000 grant be accepted from the Commonwealth 19 of Virginia, and be appropriated to the Department of Planning for coordinating the construction 20 of six (6) Chesapeake Bay Watershed Habitat Conservation and Restoration Implementation 21 Projects on public properties in the City, and that estimated Revenue from the Commonwealth be 22 increased by $20,000. 23 BE IT FURTHER ORDAINED that $11,000 be transferred from the Fiscal Year 24 1996-1997 General Fund Reserve to the Department of Planning for a required cash match for the 25 grant. 26 This ordinance shall be effective from the date of its adoption. 27 Adopted the 26 day of November,1996, by the Council of the City of Virginia 28 Beach, Virginia. APPROVED AS TO Approved Tit I.EC-TAL Management Services Virginia Reach, C4 of Took 65 Ca Nlbht Consomflon & Restoreflon COMMONWEALTH of VIRGINIA Gwrge Allicn DEPARTMENT OF ENVIRONMENTAL QUALJTY Thomas L. Hopkins Govmo, Street addesm 629 East Main Street, Richmond, Virginia 23219 Dirmor Maifing addresi7 P.O. Box 10009, Richmond, Virginia 23240 Becky Norton Dunlop Fu (804) 698-4500 TDD (804) 698-4021 (804) 6984000 secretary of Natural Resources http://www.deq.state.va.w 2 2 I-BOiO.592-5482 October 15, 1996 TO: FY '96 Virginia Coastal Program Grantees -- Grant #NA67OZ0360 @- - /IV( FROM: Laura B. McKay -- Coastal Program Manager 629 East Main Street, Richmond Virginia 23219 Phone: (804) 698-4323 Fax: (804) 698-4319 RE: FY '96 Coastal Program Award Notification The Department of Environmental Quality has received approval for the 1996 Coastal Zone Management Grant Award from the National Oceanic and Atmospheric Administration (NOAA). We are pleased to notify you that your proposal has been approved for funding for the period October 1, 1996 to September 30, 1997. We look forward to working with you in the coming year. Your project was selected, in part, by Virginia's Coastal Scoring Committee (representatives of the Coastal Program's networked agencies). We ask that you keep them in mind as potential invitees for workshops or other events you may be conducting as part of the grant. This would keep us all better informed when making future grant selection decisions. A set of mailing labels and a list of names and phone numbers for our Coastal Scoring Committee is attached to this memo. GRANT INSTRUCTIONS Contracts Enclosed is a contract, signed by Michael Murphy (DEQ's Director of Intergovernmental Affairs & Compliance Assistance), for your Virginia Coastal Resources Management Program grant. Please follow the checklist exactly: 1. Read the contract and Attachments A and B thoroughly, as we are all obligated to adhere to the terms and conditions of the three documents. 2. Have the contract signed and dated by the authorized representative where the first green tab is affixed. (also be sure the scope of work, Attachment A, is signed) 3. Make a copy of the contract and Attachment A for your flies. An Agency of the Natural Resources Secretariat 4. Have the enclosed form entitled, "Certifications regarding debarment, suspension.." signed by an authorized rep for your organization where the second green tab is affixed. 5. Return the original contract with Attachment A (scope of work) and the Certification regarding debarment, etc. as soon as possible. 6. Retain your copies of the contract with Attachments A and B (standard terms and conditions) as well as this instruction memo in a safe place - you will refer to it throughout the grant period. 7. Make copies of this notification and report forms A, B, MBE/WBE (for use each quarter) for all appropriate staff within your organization. QUARTERLY REPORTING REQUIREMENTS Deadlines Quarterly reports must be received within fifteen days following the close of each quarter --specific dates are provided in your contract. Faxed forms A and B must be followed immediately by mailed originals. Progress and Financial Reports (Forms A and B) One set of customized blank forms A and B have been provided for you to copy and use each quarter. If your 1994 or 1995 grant has been extended, be extremely careful to use the appropriate grant forms for the appropriate grant year (e.g. FY'94 = NA47OZ0287, FY'95 = NA57OZ0561, FY'96 = NA67OZ0360) to report progress and request reimbursement. The Form B is pre-printed with your budget, so it is important to use the forms provided. Progress Report (Form A) -- should detail the progress of the project during the quarter. Form A itself should contain a clear, concise, yet complete summary that is confined to one page. Please attach more comprehensive information as necessary to provide the full picture of your activities and products. Draft versions of final reports, press releases, news articles or other interim work products that demonstrate your progress should be included as attachments. Financial Report (Form B) -- Please verify the preprinted budget figures, and report discrepancies to us immediately. Inaccurate or incomplete forms (or IAT's for state agencies) will result in reimbursement delays. Please be sure the correct contact person, phone number and address to whom the check should be mailed are included. Backup documentation for expenses on Form B is no longer required from most grantees, but we may request additional information at any time or conduct spot checks to insure appropriate documentation is being retained in the grantees' offices. Report on Minority/Women-Owned Business Activity (MBE/WBE) MBE/WBE form must be submitted each quarter. If you have not had purchases $10,000 or greater involving minority-owned or women-owned businesses, simply state "no qualifying expenditures" on the form. Audit Reports All grantees (including state agencies) must submit annual audit reports. Your project period may not 2 coincide with the annual audit period. Be sure to submit an audit report for each fiscal year within which your project was open. Number of copies to be submitted Please follow these guidelines and avoid unnecessary waste of paper and time: Progress -Form A ........ 1 Original Financial-Form B ......... 1 Original, 3 Copies Form A Attachments .... 2 Copies MBE/WBE Report ....... 1 Original LAND ACQUISITION AND CONSTRUCTION GRANTS (SECTION 306A) Special Requirements and Deadlines Additional project documentation is required for review and approval by NOAA before the expenditure of funds will be authorized. A packet of information detailing the requirements may be obtained from the Coastal Program. Section 306A documentation must be received by your project contact (see P. 6) by January 10, 1997 and subsequently approved by NOAA. CHANGES TO GRANT PROJECTS Budget Budget changes and written justification must be submitted for approval on the enclosed Budget Amendment Form. A very important rule that cannot be compromised is that no grantee may increase the amount of funds originally budgeted for indirect costs. If your indirect costs increase during the grant year due to a rate reassessment, increased rent or any other reason, you may only show that increase as excess match. Please note the discussion on indirect costs on page 2 of the Department of Commerce Standard Terms and Conditions (contract Attachment B). Under-expenditure of Budgets Unspent federal funds should be reported to your project contact immediately and no later than two weeks before the end of the project period (September 15, 1997). This will allow us to reuse the funds in Virginia rather than having to return them to NOAA. Scope of Work or Deliverables Scope of Work or Deliverable changes must be submitted to your project contact with written justification. Substantial changes will have to be reviewed by NOAA for approval. As soon as you realize there may be a need for the change, please contact us -- NOAA approval can take 2-3 months. Extensions ef Project Period No-cost extensions are not guaranteed and every effort must be made to complete the work on time. If an extension is absolutely necessary, your project contact should receive the following by July 10, 1997: (1) a written, detailed justification substantiating the need for an extension; and (2) an estimate of the unspent federal and match dollars as of September 30, 1997 (broken down by 3 the cost categories on Form B) Given the lengthy time of NOAA's approval process, this is the latest possible date for extension requests to be in our office. Although each grantee's request will be considered individually, all extension requests are forwarded to NOAA as one group. FEDERALLY-REQUIRED ACKNOWLEDGMENT Standard Credit Requirements Please be certain that the following acknowledgment of financial assistance and the NOAA logo are printed on the cover or the title page of all reports, studies or other documents (including map products) supported in whole or in part by this award or any subaward. We have camera-ready "stats" of the NOAA logo in 3 different sizes plus digital files of the logo in black/white and color. "This was funded, in part, by the Virginia Coastal Resources Management Program at the Department of environmental Quality through Grant #NA67OZ0360 ofthe National Oceanic and atmospheric Administration, Office of Ocean and Coastal Rejource Management, under the Coastal Zone Management Act of 1972, as amended. " For reports or papers for public distribution (either the final product or based upon work funded by this grant), the following sentence must be added to the end of the above credit: "The views expressed herein are those of the authors and do not necessarily reflect the views of AFOAA or any of its subagencies. " (NOAA Award Conditions, p. 3, item 19) Additional New Reguirements Please note the new 95/96 federal award condition requiring that when you are issuing statements, press releases, news articles, requestsfor proposals, bid solicitations and other documents describing projects the Coastal Program funded in whole or in part, you must clearly state: (1) the role of the Virginia Coastal Program; (2) the percentage and dollar amount of total costs of the project financed with a) federal funds, and b) nongovernmental sources. (Attach. B, NOAA Administrative Special Award Conditions, p. 5, item 25) Penalties Failure to comply with any or all of the award provisions may be considered grounds for withholding payments under any U.S. Department of Commerce (DoC) awards to the recipient and even termination of any DoC active awards, (not to mention a negative impact on future funding by DoC). (DoC Terms and Conditions, p. 13) **PLEASE NOTE: If you have had other grants with the program, please be certain to reference the appropriate grant number. (See section on Progress and Financial Reports for your grant number). 4 CLOSEOUT PERIOD The 3 mouth period following the end of the project period, typically from October 1, 1997 - December 31, 1997 is the closeoulperiod. During this time, funds that are not encumbered by contract or purchase order may only be spent toward costs of preparing (e.g. printing) the final work product. If other funds will be unspent be sure you report this to your project contact before the closeout period begins (see section on Under-expenditure). FINAL WORK PRODUCTS Deadlines for Final Products and Final Reimbursement Final work products and the final reimbursement request for the grant project must be received by your project contact within 45 days of the end of the project period. (Check deliverables @ on the cover sheet of Attachment A- Scope of Work.) This is unless an extension has been approved. The request for final reimbursement is made using the Financial Report (Form B). Payment will not be made until thefinalproduct and Form C are received. It is Coastal Program policy to withhold at least 10% of the award until final product is received. Acknowledgment For final products andfuture reports based on work funded by this grant, please review the acknowledg- ment requirements discussed in the previous section of this memo. This credit must appear on all final work products to be eligible for reimbursement. Number of Copies Three copies are required; two are forwarded to NOAA and one is retained on file at the Coastal Program. Map Products If your final work product is a map, please fold it for storage in an 8.5" x 11" file folder. If your final work product is a set of maps, just submit an index map and one or two sample map sheets. If you have digital maps or map data, you need only submit one disk. Final Product/Project Summary (Form C) This form, preprinted specifically for your project, is enclosed. It requests a brief description of your final product for inclusion in our Final Products Catalogue. The catalogue will be distributed to a variety of people involved with coastal management in an effort to better disseminate the results of your work and the Coastal Program. Final reimbursement will not be made until this form is received. 5 COASTAL PROGRAM GRANT ASSISTANCE AND CONTACTS If you have questions about your grant, you may contact any of us. However, in order to streamline our workload, a project contact for your project is circled below. Please remember that all scope of work/budget amendments, extension requests, audit reports and final products are to be mailed to your project contact. However, signatory authority for changes and reimbursements rests with the Program Manager. Scope of worklbudget changes, extension requests, 306A documentation, final products, audit reports, new project development. Laura McKay Coastal Program Manager 698-4323 Jeannie Lewis Senior Program Coordinator 698-4333 Signed contracts, quarterly reports, MBFIWBE, grants tracking, forms. Eileen Rowan Coastal Specialist (grants tracking) 698-4321 Public information, public relations, coastal newsletter, Form C, NOAA logos. Virginia Witmer Outreach Coordinator 698-4320 Payment andfiscal questions. Patty Walsh Senior Accountant 698-4173 SUMMARY OF IMPORTANT DATES Specific date for projects starting 10/l/96 Action Deadline and ending 9/30/97 Return signed contract to DEQ As soon as possible Project start date 10/t/96 306A documentation* 1/10/97 1st quarterly report 15 days following close of first quarter 1/15/97 No-cost extension request 7/10/97 Reporting underexpenditure 2 weeks before end of project period 9/15/97 Project end date (funds must be cncumbercd) 9/30/97 Final work product 45 days after end of project period 11/15/97 Final reimbursement request 45 days after end of project period 11/15/97 End of close-out period 3 months from end of project period 12/31/97 *Construction and land acquisition projects only. 6 - 24 - item V-J.8. CONSENT AGENDA ORDINANCES ITEM # 41450 Upon Motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to ACCEPT and APPROPRL4TE a $6,500 grant from the Virginia Department of Forestry to the Department of Planning re development of an urban forestry education and awareness program, purchase of urban forestry computer software, related training for staff and purchase of supplies to support volunteer urban forestry efforts; TRANSFER a $1,500 grant match from the Fiscal Year 1996-1997 General Fund Reserve to the Department of Planning; and, estimated revenue from the Commonwealth be increased accordingly. Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent.- Harold Heischober November 26, 1996 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT 2 IN THE AMOUNT OF $6,500 FROM THE VIRGINIA 3 DEPARTMENT OF FORESTRY 4 AND TO TRANSFER $1,500 AS A GRANT MATCH 5 FROM THE FISCAL YEAR 1996-1997 6 GENERAL FUND RESERVE 7 WHEREAS, the Commonwealth of Virginia's Department of Forestry has 8 provided a grant in the amount of $6,500 to allow for the development of an urban forestry 9 education and awareness program, the purchase of urban forestry computer software and related 10 training for staff, and the purchase of supplies to support volunteer urban forestry efforts in the 11 City of Virginia Beach; 12 WHEREAS, this grant requires a cash match of $1,500 which is available in the 13 Fiscal Year 1996-1997 General Fund Reserve, and 14 WHEREAS, the work to be provided through these resources will significantly 1 5 enhance the opportunity to restore, enhance and conserve the valuable urban forest resource 16 within the City and thereby provide a unique opportunity to augment the physical appearance of 1 7 the City, increase environmental education, and improve envirotunental quality. 1 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCEL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA, that a $6,500 grant be accepted from the Commonwealth 20 of Virginia, and be appropriated to the Department of Planning for the development of an urban 21 forestry education and awareness program the purchase of urban forestry computer software and 22 related training for staff, and the purchase of supplies to support volunteer urban forestry efforts 23 in the City, and that estimated Revenue from the Commonwealth be increased by $6,500. 24 BE IT FURTHER ORDAINED that $1,500 be transferred from the Fiscal Year 25 1996-1997 General Fund Reserve to the Department of Planning for a required cash match for the 26 grant. 27 This ordinance shall be effective from the date of its adoption. 28 Adopted the 26 day of November, 1996, by the Council of the City of Virginia 29 Beach, Virginia. APPRO'@'@,r) AS TC, Approved As- ro (@ontcnl 9D. Bl,, COMMONWEAI,T)L of VIRGINIA DEPARTMENT OF FORESTRY New K @nt F (,rmtry :enter 11301 PociLhontits Trail Pfoide@ Forge, Virginia 23140 (@04) 9W220 Jul@ 29, 996 Mr. Richard W. Scarper City of Virginia Beach Planning Department Operations Building, Room 115 Municipal Center Virginia Beach, Virginia 23456-9040 Dear Mr. Scarper: On behalf of the Virginia Department of Forestry, and the U.S. Forest Service, it is my pleasure to notify you that a grant of $6,500 has been awarded to the Virginia Beach Planning Department for its 1996-97 U & CF proposal. This award represents partial funding of your original request. Your project has been assigned the code 96UCF71 which should be used in future correspondence. The Urban and Community Forestry Grant Program recognizes innovative approaches to developing partnerships between local governments, educational institutions, non-profit organizations, and citizens. You are to be commended for taking advantage of this program to enhance urban forestry efforts in your conununity or organization. In order to qualify for reimbursement of your project expenses, please complete and return the following documents to the U & CF Program, c/o Department of Forestry, 11301 Pocahontas Trail, Providence Forge, Virginia 23140. This paperwork should be returned no later than August 12, 1996. (1) SF-424: Application for Federal Assistance (highlighted sections only) (2) U & CF Memorandum of Agreement (3) AD 1047 and 1048: Certificafion Regarding Debarment, Suspension, etc. (4) SF 424B: Assurances, Nom-Construction Programs (5) Certification for Contracts, Grants, Loans, and Cooperative Agreements Mission: A Forest Resource to Meet the Needs of the Commonwealth (6) Assurances and Certifications (sign front and back of last page) Qualifying project expenses should be incurred between August 1, 1996 and May 15, 1997. The date of record will be the date shown on the invoice, or in the case of donated materials or services, the date the materials or services were used on the project. Project records vall have to be maintained for three (3) years and be available upon request. Non-profit organizations will be required to subndt invoices and documentation of in-kind services or donations with their final reimbursement request. If you have any questions or need further assistance, please feel free to contact me at (804)-966-9235. Congratulations on your grant award. I wish you every success in the implementation of your project. Sincerely, p @l- @ Paul F. Re@ell Urban & Community Forestry Coordinator - 25 - Item V-J.9. CONSENT AGENDA ORDINANCES ITEM # 41451 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to TRANSFER $3,323 from the General Fund Reserve for Contingencies re reimbursing the Water and Sewer Fund, as a charitable gift to Habitat for Humanity, for the costs of water and sewer fees for the single-family dwelling at 1141 Beautiful Street (LYNNHAVEN BOROUGH). (Sponsored by Vice Mayor W D. .5essoms, Jr.) Voting: 10-0 (By Consent) Council Members Voting Aye: @n A. Baum, Linwood 0. Branck III, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Harold Heischober Navember 26, 1996 Requested by Vice-Mayor William D. Sessoms, Jr. 1 AM ORDINANCE AUTHORIZING THE TRANSFER OF 2 $3,323 FROM THE GENERAL FUND RESERVE FOR 3 CONTINGENCIES FOR THE PURPOSE OF REIMBURSING 4 THE WATER AND SEWER FUND FOR THE COSTS OF 5 WATER AND SEWER FEES ASSOCIATED WITH THE 6 CONSTRUCTION OF A HABITAT FOR HUMANITY SINGLE- 7 FAMILY DWELLING 8 WHEREAS, several local churches, including All Saints 9 Episcopal Church, Bayside Baptist Church, Bayside Christian Church, 10 Bayside Presbyterian Church, Eastern Shore Chapel, Kings Grant 11 Presbyterian Church, and Lynnhaven Presbyterian Church have joined 12 together to form a coalition known as the Virginia Beach Covenant; 13 WHEREAS, the Virginia Beach Covenant is constructing a 14 single-family dwelling at 1141 Beautiful Street in the Lynnhaven 15 Borough on behalf of Habitat for Humanity; 16 WHEREAS, the cost of construction of the single-family 17 dwelling includes water and sewer fees in the amount of $3,323; and 18 WHEREAS, the City of Virginia Beach wishes to show its 19 support for this project by reimbursing the Water and Sewer Fund, 20 as a charitable gift to Habitat for Humanity, for the costs of such 21 water and sewer fees. 22 MOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 That City Council hereby authorizes the transfer of 25 $3,323 from the General Fund Reserve for Contingencies for the 26 purpose of reimbursing the Water and Sewer Fund, as a charitable 27 gift to Habitat for Humanity, for the costs of water and sewer fees 28 associated with construction of a single-family dwelling at 1141 29 Beautiful Street in the Lynnhaven Borough. 30 Adopted by the Council of the City of Virginia Beach, 31 Virginia, on the 26 day Of November 1996. 32 CA-6483 33 ORDIN\NONCODE\HABIT.ORD 34 R-1 35 PREPARED: 11/19/96 36 APPROVED AS MCON@: APPROVED AS TO LEGAL 37 SUFFICIgwcy: 38 39 icanag@eht services L-Aw Department - 26 - item V-J.10. CONSENT AGENDA ORDINANCES ITEM # 41452 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinances to declare certain property of the City of Virginia Beach on Independence Boulevard as EXCESS PROPERTY; and authorize City Manager to advertise for public bids (KEMPSVILLE BOROUGH): a. 91,950 square feet (2.11 acres) Parcel 5, as shown on plat entitled 'Plat showing resubdivision of Lots 35, 36, 37 and 37A Parcel 5' at intersection of Holland Road and Independence Boulevard. b. 47,026 square feet (1.08 acres) Parcel 4, as shown on plat entitled 'Plat showing resubdivision of Lots 11, 12 and 13, Parcel 4" on Independence Boulevard. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, William W Harrison, Jr., Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhom Council Members Voting Nay: None Council Members Absent. Harold Heischober November 26, 1996 1 AN ORDINANCE DECLARING CERTAIN 2 PROPERTY EXCESS AND AUTHORIZING CITY 3 MANAGER TO ADVERTISE FOR PUBLIC BID 4 TO THE HIGHEST AND MOST RESPONSIBLE 5 BIDDER 6 WHEREAS, the City of Virginia Beach acquired ownership of 7 the hereinafter described properties by deeds recorded in Deed Book 8 1535, at page 463; Deed Book 1549, at page 224; Deed Book 1684, at 9 page 795; and Deed Book 2699, at page 1144; and 10 WHEREAS, the City Council is of the opinion that the 11 property is in excess of the needs of the City of Virginia Beach 12 and should be advertised for public bid with the City Council 13 retaining the right to reject all bids. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA: 16 1. That the following described property is hereby 17 declared to be in excess of the needs of the City of Virginia Beach 18 and that the City Manager is hereby authorized to advertise the 19 sale of the property to the highest and most responsible bid the 20 City Council may deem appropriate. city Council retains the right 21 to reject all bids. The following property shall be advertised and 22 is more particularly described as follows: 23 PARCEL 005 All those certain lots, pieces or parcels of 24 land situate in the Kempsville Borough of the 25 City of Virginia Beach, Virginia, and 26 designated and described as "AREA = 91,950 SQ. 27 FT., 2.11 ACRES PARCEL 5" as shown as on that 28 certain plat entitled PLAT SHOWING 29 RESUBDIVISION OF LOTS 35, 36, 37, & 37A 30 PARCEL 5 FOR THE CITY OF VIRGINIA BEACH 31 KEMPSVILLE BOROUGH - VIRGINIA BEACH, VIRGINIA 32 BUREAU OF SURVEYS AND MAPPING ENGINEERING 33 DIVISION DEPARTMENT OF PUBLIC WORKS CITY OF 34 VIRGINIA BEACH, VIRGINIA DATE: JAN. 18, 1994 35 SCALE: 1"=30'," a copy of which is attached 36 hereto as Exhibit A. 37 IT BEING the same property conveyed to Grantor 38 by deed of Gillis O. Goodson, et ux, dated 39 December 19, 1975, and recorded in the Clerk's 40 Office of the Circuit Court of the City of 41 Virginia Beach, Virginia, in Deed Book 1535, 42 at page 0463; by deed of Paul L. Strassberg, 43 et ux, dated January 15, 1976, and recorded in 44 the aforesaid Clerk's Office in Deed Book 45 1549, at page 0224; by deed of Neil A. 46 Johnson, t/a Lois & Neil, dated June 3, 1977, 47 and recorded in the aforesaid Clerk's Office 48 in Deed Book 1684, at page 0795; and by deed 49 of Dimitrios G. Papadopoulos, et ux, dated 50 December 22, 1987, and recorded in the 51 aforesaid Clerk's Office in Deed Book 2699, at 52 page 1144. (GPIN: 1476-78-4322) 53 2. The City Council may accept the bid it deems to be 54 the highest and most responsible and retains the right to reserve 55 easements and other property rights included but not limited to 56 covenants and restrictions it may deem appropriate before the 57 property is declared excess and sold. 58 3. Any building site(s) created shall connect to public 59 water and sewer where available. 60 This ordinance shall be effective from the date of its 61 adoption. 62 Adopted by the Council of the City of Virginia Beach, 63 Virginia, on the 26 day of November, 1996. 64 CA-6353 65 ORDIN\NONCODE\EXCESS.ORD 66 R-1 67 PREPARED: 08/06/96 AfrROVED AS TO CONTENT PWlic Works APPROVED AS TO LEGAL SUFFICIENCY /" -Y @ E.-Partment of Law' ,7 --EXCESS CITY OWNED PROPERTY m SILVERLE~F DR. m OCATIOI', MAP RD, AND INDEPENDENCE BLVD, SCALE: ;I, -IV I @ @ @ @i I al.,@ @ U@YW 51- . @ & @XEU @ @ I" IN.aiD @ .@ @@ w MED @ @.P@ a r@ u@@ @ w v@ K@.@ C" W@ F@ @r@ &p@@ " N@ P@ & MED @ NW S .,Th F@E =Ulr @ W @t WffH IW M@S W T@ @M@O @M p@ wa aw@A ww n rw cases Wf@ w rw rK m w @ @ Y@ = O@ @ LV@M & MM @ WED "LAI@, rHe rwy @ r@ FEE m@m w M N TW @MS WF@ V THE @ @ @ r@ Cn @ V@A K"V@ f@ @@ @ 4@ & aED @ 455 P@ @ WED =MR M N rW ffF" @ THE @ @ rw cm w v@ K@.v@wr PI 4@ A Wt MM @ P@ M WED =MR MW6 sTaE ows@ H.0 TN,, - " W - @ @ Ijv l@ PIAI I fp fo kA c D Ur, v@ ft@ Pr, "6j5 P.@@ aw is LOT 36 LOT 57 LOT J?A 61,950 30 FT 9 11 AUES &aim maws-r"-w2 PAXEL 5 @cr@ w PI D" W A l@l WXH. @@IA HOLLANL) ROAD k@, w@ WE mftn F. j@ ME CffV W THE *TV M V@NA K@, @IROMA "904 RESUBWISM OF LOTS 35..X 37.AND 37A IS @ED Sl@ff ft.L @.VES @T@ Z@E MI PARCEL 5 IfEr @f rwr fw@ TK a" OF VIIVNIA WACH @'@l I C@F @f T@ C@ @@A @rrfo L 1 AN ORDINANCE DECLARING CERTAIN 2 PROPERTY EXCESS AND AUTHORIZING CITY 3 MANAGER TO ADVERTISE FOR PUBLIC BID 4 TO THE HIGHEST AND MOST RESPONSIBLE 5 BIDDER 6 WHEREAS, the City of Virginia Beach acquired ownership of 7 the hereinafter described properties by deeds recorded in Deed Book 8 2812, at page 927; Deed Book 2818, at page 281; and Deed Book 2837, 9 at page 351; and 10 WHEREAS, the City Council is of the opinion that the 11 property is in excess of the needs of the City of Virginia Beach 12 and should be advertised for public bid with the City Council 13 retaining the right to reject all bids. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA: 16 1. That the following described property is hereby 17 declared to be in excess of the needs of the City of Virginia Beach 18 and that the City Manager is hereby authorized to advertise the 19 sale of the property to the highest and most responsible bid the 20 City Council may deem appropriate. city Council retains the right 21 to reject all bids. The following property shall be advertised and 22 is more particularly described as follows: 23 PARCEL 004 All those certain lots, pieces or parcels of 24 land situate in the Kempsville Borough of the 25 City of Virginia Beach, Virginia, and 26 designated and described as "AREA = 47,026 SQ. 27 FT., 1.08 ACRES PARCEL 4" as shown as on that 28 certain plat entitled PLAT SHOWING 29 RESUBDIVISION OF LOTS 11, 12, & 13 PARCEL 4 30 FOR THE CITY OF VIRGINIA BEACH KEMPSVILLE 31 BOROUGH - VIRGINIA BEACH, VIRGINIA BUREAU OF 32 SURVEYS AND MAPPING ENGINEERING DIVISION 33 DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA 34 BEACH, VIRGINIA DATE: JAN. 18, 1994 SCALE: 35 1"=25'," a copy of which is attached hereto as 36 Exhibit A. 37 IT BEING the same property conveyed to Grantor 38 by deed of Tripilo P. Gines, et ux, et al, 39 dated March 21, 1989, and recorded in the 40 Clerk's Office of the Circuit Court of the 41 City of Virginia Beach, Virginia, in Deed Book 42 2812, at page 0927; also by deed of Robert R. 43 Reid, widower, dated April 8, 1989, and 44 recorded in the aforesaid Clerk's office in 45 Deed Book 2818, at page 0281; and by deed of 46 Hattie Geneva Holloway Jones, et vir, dated 47 May 11, 1989, and recorded in the aforesaid 48 Clerk's office in Deed Book 2837, at page 49 0351. (GPIN: 1476-59-5316) 50 2. The City Council may accept the bid it deems to be 51 the highest and most responsible and retains the right to reserve 52 easements and other property rights included but not limited to 53 covenants and restrictions it may deem appropriate before the 54 property is declared excess and sold. 55 3. Any building site(s) created shall connect to public 56 water and sewer where available. 57 This ordinance shall be effective from the date of its 58 adoption. 59 Adopted by the Council of the City of Virginia Beach, 60 Virginia, on the 26 day of November , 1996. 61 CA-6400 62 ORDIN\NONCODE\EXCESS.ORD 63 R-1 64 PREPARED: 08/05/96 APPROVED AS TO CONTENT @@,( (I. @x, - he Works I APPROVED AS TO LEGAL SUFFTCEENCY @@ 5 @ Department of Law' YM M 49WVAMX W M F@ X@ W @S 13 Al a @@BM AM MAW ONM@ W@ am@@AW Or. FM @ @ @z @ m @ PO M FAC FEE SOUV &WA INDEPENDEAtcE BOL/UVARD 0 TM M W V@ M@ F@ @Z @A F@ P aWtS.ff Xff MM W A'RED -ir ra%,,w for /i PAW 'D' r M FW @E "@D T@ M A W VOE OW@ m ~ TM w W"X WE, W @ K@ V@A WE@ "E Thai w W~M a m @lxmw @UA Few &Total THE @IR"ES KR@ WERE @AWO "'UWSS @V- OY @E@D M @@E A THE CITY =NOL W THE CITY OF VOOM.A MAM,VL@ ON IN4 REW"SM t7F MrS ll.IZ.& 13 #we to@ @ 6 @ 0 @ VWE @ @WES. @M M MM4 @E V@S W EON@ A WE@@ FEET t Cff Of REACH NFM @ WM v FW M r#f W V@A MACK Banco nm Clem TION MAP SHOWING EXCESS CITY OWNED PROPERTY (3 LOTS) INDEPENDENCE BLVD, SCALE: I" @ 100'@@ - 27 - item V-J.11. CONSENT AGENDA ORDINANCES ITEM # 41453 Upon motion by Council Lady Henley, seconded by Councilman Baum, City Council ADOPTED: Ordinance to appoint viewers in the petition of C & C Development, L.L.C. for the discontinuance, closure and abandonment of a portion of Pleasure House Road South of the intersection of Independence Boulevard and Pleasure House Road (BAYSIDE BOROUGH). The Viewers are: David M. Grochmal Director of General Services Ralph A. Smith Director of Public Works Robert J. Scott Director of Planning Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, William W Harrison, Jr., Barbara M Henley, LouLs R Jones, Reba S McCianan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhom Council Members Voting Nay: None Council Members Absent: Harold Heischober November 26, 1996 ORDINANCE APPOINTING VIEWERS WHEREAS, C & C DEVELOPMENT, L.L.C. has given proper notice, in accordance with the statutes for such cases made and provided, that it will, on the 26th day of November, 1996, apply to the City Council of the City of Virginia Beach, Virginia for the appointment of Viewers to view the below described property and report in writing to the Council whether, In the opinion of said Viewers, what inconvenience, if any, would result from the discontinuance of the hereinafter described portion of that certain street, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT Robert J. Scott, David M. Grochmal, and Ralph A. Smith are hereby appointed to view the below described property and report in writing to the Council, as soon as possible, whether in their opinion, what inconvenience, if any, would result in the closing, discontinuing and vacating of a portion of Pleasure House Road located in the City of Virginia Beach, Virginia, and more particularly described as follows: That portion of Pleasure House Road described as follows: Commencing at a point situated at the southwest corner of the intersection of Pleasure House Road and Andrew Jackson Lane; thence, S 41°39'22" W 123.17 feet to a point along a curve; thence, along a curve to the left along the boundary line of Pleasure House Road having a radius of 820 feet an arc distance of 68.56 feet to the POINT OF BEGINNING; thence from the POINT OF BEGINNING along a curve to the left along the boundary line of Pleasure House Road having a radius of 820 feet an arc distance of 50.42 feet to a point along a curve; thence along a curve to tihe left having a radius of 100 feet an arc distance of 19.81 feet to a point; thence, N 41°44'02" E 66.13 feet to a point; thence N 48°15'58" W 17.37 feet to the POINT OF BEGINNING. All the above as shown upon that certain exhibit entitled "1.36 ACRES SOUTH OF THE INTERSECTION OF INDEPENDENCE AND PLEASURE HOUSE ROAD IN THE CITY OF VIRGINIA BEACH, VTRGINIA", which exhibit is attached hereto and made a part hereof. Adopted by the Council of the City of Virginia Beach, Virginia, on this 26 day of November, 1996. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET, KNOWN AS PLEASURE HOUSE ROAD, AS SHOWN UPON THAT CERTAIN EXHIBIT ENTITLED "1.36 ACRES SOUTH OF THE INTERSECTION OF INDEPENDENCE AND PLEASURE HOUSE ROAD IN THE CITY OF VIRGINIA BEACH, VIRGINIA FOR RITE AID CORPORATION", WHICH EXHIBIT IS ATTACHED HERETO. PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA The Petitioner, C & C Development, L.L.C., respectfully represents as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the Petitioner applies for the vacating, closing, and discontinuance of a portion of that certain street, which is more specifically described as follows: That portion of Pleasure House Road described as follows: Commencing at a point situated at the southwest corner of the intersection of Pleasure House Road and Andrew Jackson Lane; thence, S 41°39'22" W 123.17 feet to a point along a curve; thence, along a curve to the left along the boundary line of Pleasure House Road having a radius of 820 feet an arc distance of 68.56 feet to the POINT OF BEGINNING; thence from the POINT OF BEGINNING along a curve to the left along the boundary line of Pleasure House Road having a radius of 820 feet an arc distance of 50.42 feet o a point along a curve; thence along a curve to the left having a radius of too feet an arc distance of 19.81 feet to a point; thence, N 41°44'02" E 66.13 feet to a point; thence N 48°15'58" W 17.37 feet to the POINT OF BEGINNING. Said parcel of land being a portion of Pleasure House Road, as indicated on that certain exhibit entitled "1.36 ACRES SOUTH OF THE INTERSECTION OF INDEPENDENCE AND PLEASURE HOUSE ROAD IN THE CITY OF VIRGINIA BEACH, VIRGINIA FOR RITE AID CORPORATION" ("Exhibit") , which plat is attached hereto and made a part hereof. 2. That no inconvenience will result to any persons by reason of said closing, vacation and discontinuance of said street; and the Petitioner prays that this Honorable Council appoint Viewers as provided by law to view said platted street proposed to be closed and to report in writing to the Council as to whether in the opinion of said Viewers, what inconvenience, if any, would 1 result from the discontinuance and closing of this portion of said street, as herein reported and described. 3. That in conjunction with he closing, vacation and discontinuance of that portion of the street described herein, the Petitioner shall dedicate to the City of Virginia Beach that area designated on the Exhibit as "AREA TO BE DEDICATED TO THE CITY OF VIRGINIA BEACH", such area being necessaiv for the final alignment of Independence Boulevard. 4. That on the 6th day of November, 1996, and on the 13th day of November, 1996, notice of the presenting of this application was published in the Virginia Beach Beacon, a newspaper of general circulation in the City of Virginia Beach. 5. That the contract owner of all land along and adjacent to the affected portion of the platted street is the Petitioner, C & C Development, L.L.C. and the current fee simple owners of all land adjacent to the affected portion of the platted street are John W. Robbins, Jr., Kathryn E. Robbins and Robert Hughes Watlington, the Petitioner's contract sellers, 1500 Pleasure House Road, Virginia Beach, Virginia 23455. C & C DEVELOPMENT, L.L.C B Samuel M. Kroll, Esquire CLARK & STANT, P.C. 900 One Columbus Center Virginia Beach, Virginia 23462 (757) 499-8800 1 290057/petiti,@ smk 2 PLEASE TAKE NOTICE, that at the meeting of the City Council of the City of Virginia Beach, Virginia, to he held on the 26th day of November, 1996, at 6:00 p.m. at the City Hall of the City of Virginia Beach, Virginia, the Undersigned will petition the Council for the appointment of Viewers to view the below-described portion of Pleasure House Road and report to the City Council whether in the opinion of the Viewers, what, if any, inconvenience would result from the vacating, closing, and discontinuance of same, the said portion of said street being described as follows: That portion of Pleasure House Road described as follows: Commencing at a point situated at the southwest corner of the intersection of Pleasure House Road and Andrew Jackson Lane; thence, S 41°39'22" W 123.17 feet to a point along a curve; thence, along a curve to the left along the boundary line of Pleasure House Road having a radius of 820 feet an arc distance of 68.56 feet to the POINT OF BEGINNING; thence from the POINT OF BEGINNING along a curve to the left along the boundary line of Pleasure House Road having a radius of 820 feet an arc distance of 50.42 feet to a point along a curve; thence along a curve to the left having a radius of too feet an arc distance of 19.81 feet to a point; thence, N 41°44'02" E, 66.13 feet to a point; thence N 48°15'58" W 17.37 feet to the POINT OF BEGINNING. All of the above, as shown upon that certain exhibit entitled "1.36 ACRES SOUTH OF THE INTERSECTION OF INDEPENDENCE AND PLEASURE HOUSE ROAD IN THE CITY OF VIRGINIA BEACH, VIRGINIA FOR RITE AID CORPORATION", made by Langley and McDonald, P.C., dated October 10, 1996. After the report of the Viewer,, is received, at the next regular meeting of the City Council, or as soon thereafter as the matter may be placed on the agenda, the undersigned will Petition the City Council to vacate, close and discontinue that portion of Pleasure House Road, in the City of Virginia Beach, Virginia, described above. C & C D@OP T, L.L.C. By: Of C@unsel Samuel M. Kroll, Esq. Clark Stant, P.C. 900 One Columbus Center Virginia Beach, VA 23462 (757) 499-8800 AFFIDAVIT COMMONWEALTH OF VIRGINIA AT LARGE I, Samuel M. Kroll, attorney for C & C Development, L.L.C., being first duly sworn, deposes Hand states: 1. That I am an attorney at law and represent C & C Development, L.L.C. 2. That on the 6th day of November, 1996, and on the 13th day of November, 1996, notice of the presenting of the application to close a portion of that certain street known as Pleasure House Road on behalf of C & C Development, L.L.C. was published in the The Virginian Pilot, a newspaper of general circulation in the City of Virginia Beach, Virginia. And further the deponent saith not. Sa M. Kr I Subscribed and sworn to before me this 15th day of November, 1996. Notary PubTi@ My Commission Expires: August 31, 2000 l@29005 .fEid.@@..k CLARK & STANT, P.C. BRADFORD D. BIMSON CHARLESE.MALONE JOANN BLAIR-DAVIS ATRORNEYS AND COUNSELORS Al l@AW BRIAN C. PURCELL LAWRENCE H. BRYANT ONE COLUMBUS CENTER ROBERT M. REED STEPHEN W. BURKE FRANCPS W. RUSSELL DAVID A. CARDON VIRGINIA BEACH, VIRGINIA 23@2 ROBERT L. SAMUEL. JR. DONALDH.CLARK C. CIRIGSBY SCIPRES CLIFFORD A. COPPOLA LAWRENCE R. SIEGEL JOSEPH A. Di JULIO TELEPHONE: (757) 4"-Rg@) THOMAS E. SNYDER TIMOTHY W. DORSEY FACSIMILE: (757) 473 0395 FREDERICK T. STANT, III ROBERT J. EVELEIGH STEPHEN C. SWAIN' THOMAS R. FRANT7, DIRECT DIAL NUMBER STEPHEN G. TEST MICHAEL 1. GARDNER- A.W. VANDERMEER. JR. S. GEOFFREY GLICK JACK L. YOUNG ERIC A. HAUSER SHANNON L. KNIGHT AMO ADMITTED IN NC' SAMUEL M. KROLL FREDERICK T. STANT. JR. JAMES T. LLOYD. JR. @ MUMEL CERTIFICATE OF VESTING OF TITLE (MR FILE NUMBER I, Samuel M. Kroll, attorney for C & C Development, L.L.C., do hereby certify that: 1. I am an attorney at law and represent C & C Development, L.L.C., the Petitioner- 2. Based on the Commitment for Title Insurance dated October 30, 1996 from Pioneer Title as agent for Ticor Title Insurance Company, if the property described below is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said property will vest in The City of Virginia Beach, the holder of the underlying fee in the street. The said property referred to herein is hereby described as follows: That portion of Pleasure House Road described as follows: Commencing at a point situated at the southwest corner of the intersection of Pleasure House Road and Andrew Jackson Lane; thence, S 41°39'22" W 123.17 feet to a point along a curve; thence, along a curve to the left along the boundary line of Pleasure House Road having a radius of 820 feet an arc distance of 68.56 feet to the POINT OF BEGINNING; thence from the POINT OF BEGINNING along a curve to the left along the boundary line of Pleasure House Road having a radius of 820 feet an CLAR,K & STANT, P C. Page 2 arc distance of 50.42 feet to a point along a curve; thence along a curve to the left having a radius of loo feet an arc distance of 19.81 feet to a point; thence, N 41°44'02" E 66.13 feet to a point; thence N 48°15'58" W 17.37 feet to the POINT OF BEGINNING. CLARK &STANT, P.C. By: 1 M. qkroll 19290057/cert.s.k LEGAL DESCRIPTION That portion of Pleasure House Road described as follows: Commencing at a point situated at the southwest corner of the intersection of Pleasure House Road and Andrew Jackson Lane; thence, S 41°39'22" W 123.17 feet to a point along a curve; thence, along a curve to the left along the boundary line of Pleasure House Road having a radius of 820 feet an arc distance of 68.56 feet to the POINT OF BEGINNING; thence from the POINT OF BEGINNING along a curve to the left along the boundary line of Pleasure House Road having a radius of 820 feet an arc distance of 50.42 feet to a point along a curve; thence along a curve to the left having a radius of 100 feet an arc distance of 19.81 feet to a point; thence, N 41°44'02" E 66.13 feet to a point; thence N 48°15'58" W 17.37 feet to the POINT OF BEGINNING. NH[BIT A Langley and Mcl)onaid, P.C. Engineers - Sur"@ - Planner, RITZ AL)@CORLORATION Landscape Architftis - En;*mm"tal Cmsulta.ts MP 0 C4 o# ijVTO" 0 Xillittf A -angley and McDonald, P.C. -Y 11 I = R LUL ! M.$ @gi.oe,s - RITF AID CORPORATION A,,hit,cis E.A,o,@.ntol .@s@ ol s IVOS-V 4 Lt4 Q, '17 .rq O'(VV,197,gog 70,,Vl 'I Orff VA,9r7f]06r 9.9AfgOYVYdgOjVI - 28 - Item V-J.12. CONSENT AGENDA ORDINANCES ITEM # 41454 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinances to authorize: a. License Refunds $4,806.67 b. Special Tax Refunds $ 147.00 Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branc& III, William W Harrison, Jr., Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Sfrayhorn Council Members Voting Nay: None Council Members Absent: Harold Heischober November 26, 1996 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE PENALTY INTEREST TOTAL YEAR PAID Anchor Electrical Contractors 133 Orleans Circle 1993-95 Audit 87 01 87 01 Norfolk, VA 23509 Bomarks Inc 1995 Audit 25 56 25,56 1696 Whitlow Street Virginia Beach, VA 23464-8125 Comprehensive Technologies Interntl 11350 Random Hills Road s-300 Fairfax, VA 22030 1996 Audit 2,407 32 2 407 32 D & J Service Co Inc 1995 Audit 961 24 561 24 4987 Cleveland Street 103 Virginia Beach, VA 23462 Certified as to Payment: Robert P. Vaughan Commissioner of thwevenue Approved as to form L@slie L. Lirley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $3,081.13 were approved by the Council of the City of Virginia Beach on the 26 day of November, 1996. Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE PENALTY INTEREST TOTAL YEAR PAID Greene, George R. 1996 Audit 12 81 12 81 1201 Bering Drive 30 Houston TX 77057-2307 Hawgil Corp i@-96 Audit 248 51 248 51 5870 Stoneridge Mall Road S-200 Pleasanton CA 94588 Industrial Machinery Alignment Serv Train 1549 Hummingbird Lane 1994-95 Audit 133 00 133@00 Virginia Beach VA 23454 M G F IRS Inc 1994-95 Audit 271 18 271 18 1437 Deerpond Lane Virginia Beach VA 23464 Certified as to Payment: n Commissioner of th@evenue Approved as to form L'gsrie L. LilTey City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $665.50 were approved by the Council of the City of Virginia Beach on the 26 day of November, 1996. Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE PENALTY INTEREST TOTAL YEAR PAID May, Hoa T 1995-96 Audit 62 95 62 95 392-H S. Military Hwy Norfolk VA 23502 Mintle Linda S 1994-95 Audit 48 31 48.31 1 1 27 Fairway Drive Chesapeake VA 23320 Professional Products Inc 4964 Fairmont Ave 1995-96 Audit 166 64 166,64 Bethesda MD 20814-5090 Revere Courier Set Inc(T R Gallagher) 228 N Lynnhaven Rd S-1 18 1994-95 Audit 153 53 153.53 Virginia Beach VA 23452 Certified as to Payment: Approved as to form C-eslib L. Lil@y City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $431.43 were approved by the Council of the City of Virginia Beach on the 26 day of November, 1996. Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE AND SPECIAL TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license and special tax refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INTEREST TOTAL YEAR PAID Tidewater Homes Realty Inc 908 Jeremy Court 1995 Audit 550 C)c 550 00 Virginia Beach, VA 23454 William Dunn & Sons Inc (Special Tax Refund) 1680 Day Cove Court 1993-96 Audit 147 00 147 00 Virginia Beach, VA. 23454 5 S Corporation 1994-95 Audit 78 61 78 61 2220 Paramont Ave S-1 08 Chesapeake, VA 23320 Certified as to Payment: Robert P. Vaughan Commissioner of therevenue Approved as to form: - Aa UWe L. LiTey City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $775.61 were approved by the Council of the City of Virginia Beach on the 26 day of November, 1996. Ruth Hodges Smith City Clerk - 29 - item V-M. PUBLIC HEARING ITEM # 41455 PLANNING Mayor Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. NO ACTION ITEMS - Deferred by Planning Commission for 30-days. DEVELOPMENT OPTIONS, INC. CHANGE OF ZONING ROLLINGWOOD, L.L.C. CHANGE OF ZONING CONDITIONAL USE PERMIT 2. SHIRLEY D. CAHOON VARIANCE 3. A. A. ENTERPRISES CONDITIONAL USE PERMIT 4. Q.E.D. SYSTEMS, INC. CHANGE OF ZONING November 26, 1996 - 30 - item V-K.1. PUBLIC HEARING ITEM # 41456 PLANNING NO ACTION ITEMS - Deferred by Planning Commission for 30-Days a. Application of DEVELOPMENT OPTIONS, INC., for a Change of Zoning District Classification from R-5D Residential Duplex District to Conditional B-2 Community Business District at the Northeast intersection of Lynnhaven Parkway and Salem Road, containing 5.17 acres (KEMPSVILLE BOROUGH). b. Applications of ROLLINGWOOD, L.L.C., at the Southeast and Northeast intersection of Holland Road and Ferrell Parkway (2400 Holland Road), containing 101 acres, more or less (PRINCESS ANNE BOROUGH): Change of Zoning District Classification from AG-1 and AG-2 Agricultural District to R-7.5 Residential District. Conditional Use Permit for a private school November 26, 1996 - 31 - item V-K PUBLIC HEARING ITEM # 41457 PLANNING BY CONSENT Upon motion by Councilman Jones, seconded by Council Lady Parker, City Council APPROVED in ONE MOTION Items 2 and 4 of the PLANNING BY CONSENT Items. Voting: 7-0 Council Members Voting Aye: William W Harrison, Jr., Barbara M. Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker and L-ouisa M. Strayhom Council Members Voting Nay: None Council Members Absent: John A. Baum, Linwood a Brancl; III, Harold Heischober and Vice Mayor William D. Sessoms, Jr. November 26, 1996 - 32 - Item V-K.2. PUBLIC HEARING ITEM # 41458 PLANNING BY CONSENT Upon motion by Councilman Jones, seconded by Council Lady Parker, City Council APPROVED Application of SHIRLEY D. CAHOON for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision meet all requirements of the City Zoning Ordinance. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Shirley D. Cahoon. Property is located at 4529 Black Cove Road. BAYSIDE BOROUGH. The following condition shall be required: 1. Prior to final subdivision approval, the existing home will be removed or documentation will be provided that all side yard setbacks are being met. Voting: 7-0 (By Consent) Council Members Voting Aye: William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: John A. Bawn, Linwood 0. Branck 111, Harold Iteischober and Vice Mayor William D. Sessoms, Jr. No,vember 26, 1996 - 33 - Item V-K.3. PUBLIC HEARING ITEM # 41459 PLANNING Upon motion by Council Lady Strayhorn, seconded by Councilman Harrison, City Council ADOPTED an Ordinance upon application of A. A. ENTERPRISES for a Conditional Use Permit. ORDINANCE UPON APPLICATION OF A. A. ENTERPR[SES FOR A CONDITIONAL USE PERMIT RO11962076 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of A. A. Enterprises for a Conditional Use Permit for auto auctions on the west side of South Military Highway, north of Providence Road. Said parcel is located at 975 South Military Highway and contains 4.5 acres more or less. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. The automobile auction shall be held a maximum of twice per week. 2 The Automobile auctions will not begin before 12:00 Noon and end by 6:00 P.M. 3. Category III landscaping shall be installed along the rear of the site where the property adjoins residential zoning. In addition, Category III landscaping shall be installed along the frontage on Military Highway on the outside of the chain link fence. 4. The existing 10 x 30-foot building shall be upgraded and landscaped 5. Approval is for a two (2) year period subject to administrative review and approval 6 Sound amplification shall be used only for the twice-a-week auctions. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fifth of November, Nineteen Hundred and Ninety-Six. November 26, 1996 - 34 - Rem V-K.3. PUBLIC HEARING ITEM # 41459 (Continued) PLANNING Voting: 7-0 Council Me?nbers Voting Aye: William W. Harrison, Jr., Barbara M. Henley, @uis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy Y- Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: @n A. Baum, Linwood 0. Branc& III, Harold Heischober and Vice Mayor William D. Sessoms, Jr. November 26, 1996 - 35 - item V-M.4. PUBLIC HEARING ITEM # 41460 PLANNING BY CONSENT Upon motion by Councilman Jones, seconded by Council Lady Parker, City Council ADOPTED Ordinance upon application of Q.E.D. SYSTEMS, INC. for a Change of Zoning. ORDINANCE UPON APPLICATION OF Q.E.D. SYSTEMS, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 to O-2 Z011961506 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Q.E.D. SYSTEMS, INC. for a Change of Zoning District Classification from B-2 Community Business District to O-2 Ofice District at the Northeast corner of Ferry Plantation Road and Westgrove Road. The proposed zoning classification change to O-2 is for office land use. The Comprehensive Plan recommends use of this parcel for commercial use in accordance with other Plan policies. Said parcel is located at 1064 Ferry Plantation Road and contains 1 acre (BAYSIDE BOROUGH). This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fifth of November, Nineteen Hundred and Ninety-Six Voting: 7-0 (By Consent) Council Members Voting Aye: William W. Harrison, Jr., Barbara M. Henley, Louis R Jones, Reba S. McCianan, Mayor Meyera E. Oberndorf Nancy K Parker and Louisa M Strayhom Council Members Voting Nay: None Council Meinbers Absent. John A. Baun4 Linwood 0. Branch, III, Harold Heischober and Vice Mayor *Ylliam D. Sessoms, Jr. November 26, 1996 - 36 - from V-L.1. APPOINTMENT'S ITEM # 41461 BY CONSENSUS, City Council RESCHEDULED: CHESAPEAKE BAY PRESERVATION BOARD COMMUNITY POLICY & MANAGEMENT TEAM - (CASA At-Risk) EROSION COMMISSION HEALTH SERVICES ADVISORY BOARD RESORT AREA ADVISORY COMMISSION (RAAC) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) November 26, 1996 - 37 - Item V-L.2. APPOINTMENTS ITEM # 41462 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED. BOARD OF BUILDING CODE APPEALS Building Maintenance Division Ruth W. Bell Jimmie A. Koch Vincent R. Olivieri 2-Year Term 1/1/97 - 12/31/98 Electrical Division Wade Duane Malaby Archie R. Smith Robert H. Smith, Jr. Richard W. 7homas James S. Witcher 2-Year Term 1/1/97 - 12/31/98 New Construction Division William A. Davenport Darrel J. Hughes Frank L. Mathews Donald R. Trueblood Robert L. Yoder 2-Year Term 1/1/97 - 12/31/98 Plumbing & Mechanical Division Richard S. Corner William L. Hendricks Donald D. Jones, Jr. Peter C Striffler James D. Wells, Sr. 2-Year Term 1/1/97 - 12/31/98 November 26, 1996 - 38 Rom V-L.2. APPOINTMENTS ITEM # 41462 (Conginued) Voting: 10-0 Council Members Vodng Aye: John A. Baum, Linwood 0. Branc,% III, William W Harrison, jr., Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Yzce Mayor William D. Sessona, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Meinbers Absent.- Harold Heischober November 26, 1996 - 39 - Item V-L.3 APPOINTMENTS ITEM # 41463 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED, COMMUNITY SERVICES BOARD Patricia Knott Chapman William Brown AND REAPPOINTED: Priscilla M. Beede Donald V. Jellig 3-Year Term 01/01/97 - 12/31/99 Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branct% III, William W Harrison, Jr., Barbara M. Henley, Louis P, Jones, Reba & McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor Mlliam D. Sessonw, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Mepnbers Absent.- Harold Heischober November 26, 1996 - 40 - Item V-L.4 APPOINTMENTS ITEM # 41464 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: FRANCIS LAND HOUSE BOARD OF GOVERNORS Dorothy Wells A N D, REAPPOINTED.- Robert H. Callis, Jr. Joseph J. Owens 3-Year Term 01/01/97 - 12/31/99 Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branc#% III, William W. Harrison, Jr., Barbara M. Henley, louis R Jones, Reba S McClanan, Mayor Meyera E. Obemdo?f Nancy K Parker, Vice Mayor William D. Sessona, Jr. and Louisa M. Strayhom Council Members Voting Nay: None Council Members Absent.- Harold Heischober November 26, 1996 - 41 - Item V-L.5 APPOINTMENTS ITEM # 41465 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) The Honorable Meyera E. Oberndorf Mayor James K. Spore City Manager 4- Year Term 01/01/97 - 12/31/2000 A N D, APPOINTED: Wade Kyle Alternate No Term Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branc& III, William W. Harrison, Jr., Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndoif Nancy K Parker, Vice Mayor William D. 5essoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Harold Heischober November 26, 1996 - 42 - item v-L6 APPOINTMENTS ITEM # 41466 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: THE VIRGINIA BEACH FOUNDATION, INC Distribution Committee R. Dawson Taylor 5-Year Term 1/01/97 - 1231/2001 Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, William W. Harrison, Jr., Barbara M. Henley, Louis R Jones, Reba S. McCianan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhom Council Members Voting Nay: None Council Members Absent.- Harold Heischober November 26, 1996 - 43 - Item V-N.1 NEW BUSINESS ITEM # 41467 ADD-ON Upon motion by Councilman Jones, seconded hy Council Lady McClanan, City Council ADDED TO THE AGENDA: Resolution urging the Suffolk City Council approve the applications of the City of Norfolk for Conditional Use Permits for Lake Gaston -related improvements to those portions of the Norfolk water supply system located within the City of Suffolk. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branc,% III, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Non e Council Members Absent.- Harold Heischober November 26, 1996 - 44 - Item V-N.2. NEW BUSINESS ITEM # 41468 ADD-ON Upon motion by Councilman Jones, seconded by Councilmbman Branch, City Council ADOPTED: Resolution urging the Suffolk City Council approve the applications of the City of Norfok for Conditional Use Permits for Lake Gaston -related improveynents to those portions of the Norfolk water supply system located within the City of Suffolk Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branck 111, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McCianan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessotw, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Harold Heischober November 26, 1996 1 A RESOLUTION URGING THE SUFFOLK CITY COUNCIL 2 TO APPROVE THE APPLICATIONS OF THE CITY OF 3 NORFOLK FOR CONDITIONAL USE PERMITS FOR THE 4 LAKE GASTON - RELATED IMPROVEMENTS TO THOSE 5 PORTIONS OF THE NORFOLK WATER SUPPLY SYSTEM 6 LOCATED WITHIN THE CITY OF SUFFOLK 7 WHEREAS, the City of Norfolk has owned and operated 8 regional water storage and transmission facilities within the City 9 of Suffolk (formerly Nansemond County) since World War I; and 10 WHEREAS, Norfolk and Suffolk entered into an agreement in 11 1981, under which Norfolk may maintain and improve its water system 12 without review and approval by Suffolk, but "for environmental 13 reasons," Norfolk will seek approval from Suffolk for any water 14 project which expands its system; and 15 WHEREAS, Norfolk has agreed with the City of Virginia 16 Beach to expand the Norfolk transmission and treatment systems to 17 handle water for Virginia Beach and Chesapeake from the Lake Gaston 18 Pipeline; and 19 WHEREAS, the Lake Gaston project has been widely 20 supported by the Hampton Roads Region because a critical shortage 21 in the public water system of southeastern Virginia exists, and the 22 development of an additional water supply for the region is 23 necessary to protect the public health, safety, and welfare; and 24 WHEREAS, the Hampton Roads Planning District Commission, 25 including Suffolk, has endorsed the Lake Gaston project on several 26 occasions; and 27 WHEREAS, Norfolk applied to Suffolk in February 1996 for 28 conditional use permits to construct the Lake Gaston - related 29 expansions; and 30 WHEREAS, the four (4) construction projects involved have 31 been submitted to both federal and state agencies, and Norfolk has 32 answered satisfactorily all environmental questions and received 33 all appropriate environmental permits from these agencies; and 34 WHEREAS, the pump station project will require a 35 construction period of more than two (2) years and is now nine (9) 36 months behind schedule, and the three (3) pipeline projects will 37 also fall behind unless the Suffolk permits are received quickly; 38 and 9 WHEREAS, on October 16, 1996, the Suffolk council 0 deferred action on the pump station conditional use permit for 1 sixty (60) days, and on November 19, 1996, the Suffolk Planning 2 Commission recommended denial of the other three (3) use permits; 3 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Virginia Beach City Council believes that the evidence already documented at the federal, state, and local levels demonstrates the need for these projects and hereby requests an end to delays and the approval of all four (4) conditional use permits by the Suffolk City Council on December 18, 1996. Adopted by the Council of the City of Virginia Beach, Virginia, on the 26 day of November, 1996. CA-6494 Noncode\Suffolk.res R-3 November 26, 1996 2 - 45 - item V-O. ADJOURNMENT ITEM 8 41469 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:05 P.M. Beverly )O. Hooks, CMCIAAE Chief Deputy City Clerk -------------------------- Meyera E. Oberndorf City Clerk Mayor City of Virginia Beach Virg@ November 26, 1996