HomeMy WebLinkAboutAPRIL 29, 1997 MINUTESCity of Virginia Beach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR ~EYERA E OBERNDORF At Large
VICE ~AYOR WILLIA~ D SESSO~S IR At Large
JOHN A BAUM, Blackwater Borough
LINWOOD 0 BR4~CH III V~r~mm Beach Borough
WILLIAM W HARRISON JR Lynnhaven Borough
H4ROLD HEISCHOBER At Large
BARBARA ~ HENLEY Pungo Borough
LOUIS R JONES Bays~de Borough
REBA S McCLANAN Princess Anne Borough
NANCY K PARKER At Large
LOUISA ~ STRAYHORN Kempswlle Borough
JAMES K SPORE C~t) Manager
LESLIE L LILLEY, C~ty Attorney.'
RUTH HODGES SMITH CMC / AAE, Ctty Clerk
CITY COUNCIL AGENDA
April 29, 1997
o~ OUR
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH VIRGINIA 23456 9005
(7571 427 4303
I. CITY MANAGER'S BRIEFING
- Conference Room -
9:00 AM
a.
LIBRARY REFERENDUM
Martha J. Sims, Director, Department of Public Libraries
BUDGET WORKSHOP
10:00 AM - 12:00 Noon
II. CITY MANAGER'S BRIEFING
- Conference Room -
12:30 PM
A®
OCEANFRONT TROLLEY
Dale Castellow, Transportation Planner, Department of Planning
III. REVIEW OF AGENDA ITEMS
IV. CITY COUNCIL CONCERNS
V. INFORMAL SESSION
- Conference Room -
1:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
VI. FORMAL SESSION - Council Chamber - 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION:
The Reverend Dan Goff
Calvary Assembly of God
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
i ·
·
INFORMAL & FORMAL SESSIONS
PUBLIC HEARING
April 8, 1997
April 17, 1997
G. AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
The Consent Agenda will be determined during the Agenda Review Session and
considered in the ordinary course of business by City Council to be enacted by one
motion.
I. ORDINANCES
i ·
Ordinances to authorize the acquisition of Agricultural Land
Preservation Easements (ARP) and the issuance by the City of
its contract obligations (Blackwater Borough).
a·
MARGARET B. VENABLE
Installment Purchase Agreement No. 1997-7A - $278,082.
Deferred:
25 March 1997
be
VENABLE REAL ESTATE, L.P.
Installment Purchase Agreement No. 1997-7B - $ 30,898.
2.
Ordinance to AMEND and REORDAIN Section 16-35 of the Code of
the City of Virginia Beach re repair of unsafe buildings and
other structures.
·
Ordinance to APPROPRIATE $444,900 (Funding: 8392,650 Medicaid;
811,250 Federal Grant; $1,500 State Grant; and, $39,500
interest) to the Mental Health, Mental Retardation and
Substance Abuse (MHMRSA) FY 1996-1997 Operating Budget re
expansion of services, costs associated with the Community
Services Board (CSB) Complex and the purchase of five (5)
replacement vehicles; and, increase estimated revenues
accordingly·
·
Ordinance to APPROPRIATE $34,068 in additional estimated
revenue from Section 8 Administrative Fees to the Department
of Housing and Neighborhood Preservation FY 1996-1997
Operating Budget re automation equipment and expenses; and,
increase estimated revenues accordingly.
·
Ordinance to APPROPRIATE $8,500 of the Fund Balance in the
Forfeited Asset Sharing Special Revenue Fund to the FY 1996-
1997 Operating Budget of the Commonwealth's Attorney re
purchase of a multi-media projection system.
·
Ordinance to TRANSFER appropriations of $290,121 from the
General Fund Reserve for Contingencies to the Virginia Beach
Court Service Unit re Detention and Group Home Services.
·
Ordinance to declare EXCESS approximately 16 acres of City-
owned property on Bendix Road (between Bonney Road and
Route 44, the Virginia Beach Expressway); authorize the City
Manager to execute an agreement for conveyance to Lynnhaven
Acquisition Corporation; and, execute all documents necessary
to effectuate the conveyance of the property (KEMPSVILLE
BOROUGH).
·
Ordinances to appoint viewers:
a·
Petition of Bayville Farms Associates, L.P. for the
closure of a portion of First Court Road, designated as
the "EX. R/W" (BAYSIDE BOROUGH)·
be
Petition of Mark R. Ltchtenstetn for the closure of a
portion of Sydnor Street at 55th Street to the Northwest
corner of Ubermeer Annex No. 3 (LYNNHAVEN BOROUGH)·
·
Ordinance to grant franchises re the operation of open air
cafes in the resort area:
a·
b·
c·
de
e·
f·
g·
i ·
·
no
o·
Bilmarr Enterprises, Inc. 203 22nd Street
(t/a Abbey Road Restaurant)
Four Sails-HWC Investments Delight 3301 Atlantic Ave.
(t/a Blue Water Cafe)
Atlantic Resort Associates 1101 Atlantic Ave.
(t/a Best Western Oceanfront/Cafe Iguana)
Colonial Inn, Inc. 2809 Atlantic Ave.
(t/a Cary's Restaurant [Boardwalk])
Atlantic Enterprises, Inc. 2901 Atlantic Ave.
(t/a Oceanfront Inn/Ellington's)
Island Republic, Inc. 1905 Atlantic Ave.
(t/a Island Republic Restaurant)
Oceanside Investment Associates 2101 Atlantic Ave.
(t/a Holiday Inn Oceanside/Jonah's)
Seashore Management Ltd-Hilton Inn 701 Atlantic Ave.
(t/a Laverne's Cafe)
Sea Oaks Corp-Marianna Enterprises 2613 Atlantic Ave.
(t/a Sea Gull Motel/Little Feets)
Barclay Restaurant Corporation 809 Atlantic Ave.
(t/a London Pavilion)
Resorts of Virginia Beach, Inc. 225 17th Street
(t/a Peppers Beach Tavern)
22nd Street Raw Bar & Grille 202 22nd Street
Quality Inn Oceanfront 2207 Atlantic Ave.
(t/a 23rd Street Bistro)
Beach Motel Corp. 3410 Atlantic Ave.
t/a Thunderbird Motor Lodge
(t/a T-Bird Cafe)
Ocean Ranch Motel Corporation 3107 Atlantic Ave.
(t/a Days Inn Oceanfront/Timbuktu)
10. CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY
a.
b.
Ce
d.
FIVE STAR LIMOUSINE, INC.
A TOUCH OF CLASS LIMOUSINE SERVICE
TOM'S LIMO SERVICE
LONG'S LIMOUSINE SERVICE
11. Ordinances to authorize:
a. License Refunds in the amount of $5,252.00
b. Special Tax Refunds in the amount of $15,322.30
J. PUBLIC HEARING - PLANNING
2:30 PM
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
1. NO ACTION ITEM DEFERRED BY PLANNING COMMISSION
Se
Application of MILES B. LEON for a ~ to Section
4.4(b) of the Subdivision Ordinance re creation of two
(2) lots not meeting lot widths on Watersedge Road,
Parcel 7, Parkview Manor (LYNNHAVEN BOROUGH).
·
Ordinance for discontinuance~ closure and abandonment in the
Petition of LAWRENCE A.. SANCILIO, RACHEL V. SANCILIO, LENA
SANCILIO, MAURICE STEINGOLD, LEWIS B. STEINGOLD and SIGNET
BANK/VIRGINIA, Trustees under the Will of Israel Steingold,
(LYNNHAVEN BOROUGH):
a.
Wagner Street - Beginning at the Southern boundary of
Bonney Road and running in a Southerly direction a
distance of 1096 feet more or less to the Northern
boundary of the Virginia Beach-Norfolk Expressway.
be
First Street - Beginning at the Western Boundary of
Avenue E and running in a Westerly direction a distance
of 349.78 feet.
Ce
Avenue E - Western 25.01 feet, beginning at a point 200
feet South of First Street and running in a Southerly
direction a distance of 214.67 feet to the Northern
boundary of the Virginia Beach-Norfolk Expressway.
Deferred Indefinitely:
Deferred for Compliance:
Deferred additional 180 days:
Deferred additional 180 days:
Deferred additional 180 days:
Deferred additional 180 days:
Deferred additional 180 days:
Deferred additional 180 days:
06 July 1993
28 September 1993
12 April 1994
25 October 1994
25 April 1995
24 October 1995
23 April 1996
29 October 1996
Recommendation: ADDITIONAL 180-DAY DEFERRAL
·
·
Application of ATRIA COMMUNITIES, INC., for a Modification to
a Conditional Use Permit (approved 11 February 1997) for an
assisted livina and retirement housina facility to allow 112
units rather than 110 units on the North side of Old Donation
Parkway, beginning at a point 1011.65 feet East of First
Colonial Road, containing 5.1 acres (LYNNHAVEN BOROUGH).
Recommendation:
APPROVAL
Application of VENCOR, INC. for a Conditional Use Permit for
a nursina home expansion at the Northeast corner of Bonney
_ --
Road and South Budding Avenue (4142 Bonney Road), containing
5 acres (KEMPSVILLE BOROUGH).
Recommendation:
APPROVAL
·
Application of the CITY OF VIRGINIA BEACH, Public Works/
Parking Systems Management, for a Conditional Use Permit for
a commercial/municipal parking lot at the Southeast corner of
Atlantic Avenue and Laskin Road (3003 Atlantic Avenue),
containing 1.03 acres (VIRGINIA BEACH BOROUGH).
Recommendation:
APPROVAL
·
Applications re OVERHOLT TRUST at the Southwest corner of
Lynnhaven Parkway and Salem Road (KEMPSVILLE BOROUGH):
a·
JOSEPH OVERHOLT, TRUSTEE, for a Conditional Change of
Zonin~ District Classification from A-10 Residential
D~to Conditional B-2 Community Business District,
--
containing 15 acres.
Recommendation:
REFER BACK TO PLANNING COMMISSION
be
WILLIAM J. and MILLIE J. OVERHOLT, IRREVOCABLE TRUST, for
a Gonditional Use Permit for mini-warehouses and an
automobile service station, containing 13.78 acres·
De ferred:
17 December 1996
Recommendation:
WITHDRAWAL
·
Application of R. S. DICKSON AND COMPANY for a Change of
Zonin~ District Classification from A-12 Apartment District to
--
RT-3 Resort Tourist District at the Southwest intersection of
30th Street and Arctic Avenue, containing 32,328 square feet
(VIRGINIA BEACH BOROUGH).
Staff Recommendation:
DEFERRAL
Planning Commission
Recommendation:
APPROVAL
K. APPOINTMENTS
ARTS AND HUMANITIES COMMISSION
COMMUNITY SERVICES BOARD
MEDICAL COLLEGE OF HAMPTON ROADS
MINORITY BUSINESS COUNCIL
UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
FY 1997-1998 OPERATING BUDGET & CAPITAL IMPROVEMENT PROGRAM SCHEDULE
EVENT
Public Hearing
Reconciliation
Workshop
Adopt Budget &
C.I.P
DATE
Tuesday, May 6
Tuesday, May 6
Tuesday, May 13
TIME
2:00 PM
Following Council
Session
2:00 PM
PLACE
City Council
Chamber
City Manager's
Conference Room
City Council
Chamber
fl fl * * * * * fl *
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)
* * * * * * * * *
04/24/97 CMD
AGENDA\04-29-97. PLN
www. virginia-beach, va. us
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
April 29, 1997
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING RE LIBRARY
REFERENDUM in the Council Conference Room, City Hall Building, on Tuesday, April 29, 1997, at
9:00 A.M.
Council Members Present:
John A. Baum, Harold Heischober, Barbara M. Henley, Louis R. Jones,
Reba S. McClanan and Nancy K. Parker
Council Members Absent:
Mayor Meyera E. Oberndorf
Vice Mayor William D. Sessoms, Jr.
Linwood 0 Branch, III
Wtlliam W. Harrison, Jr
[VIRGINIA DELEGATION ATTENDING
PRESIDENT'S SUMMIT IN
PHILADELPHIA]
[BANK MEETING IN NORFOLK
ENTERED: 12:05 P.M.]
[ENTERED: 10.08 A.M]
[ENTERED 9:12 A M]
Louisa M. Strayhorn [ENTERED: 9:30 A M.]
-2-
CITY MANAGER'S BRIEFING
LIBRARY REFERENDUM
9:00 A.M.
ITEM # 42020
Betty Bridges, Chair - Virginia Beach Public Library Board, advised library constructton has been an
important element in the City's infrastructure development. New library facilities were created throughout
the first three decades of the history of the City of Virginia Beach. A Facilities Plan developed in the mid
1980 's created the blueprint for continued growth toward the end of the century That Plan resulted tn
the Princess Anne Area Library and the Green Run/Salem Area Library appeanng tn the Capttal
Improvement Program for FY 1991. Since that ttme, however, this and other proposed library projects
have gradually been eliminated from funding within the CIP
The City Staff has continued to revise the Capital Plan based on an aging infrastructure and accelerating
development in the area of electronic telecommunications. The City's Strategic Planning Process and
public dialogue have also provided important input tnto the current proposal. The Virginia Beach Public
Library is a good library system. The citizen satisfaction surveys reinforce this statement; but, the system
is beginning to show signs of aging and decline. The collection is not growing to meet the demands of
the community and the collection is deteriorating. Facilities are not equtpped with the technology required
for electronic resources. The success of the library system is largely due to the professional and dedicated
staff who are the epitome of public service, and who struggle daily to meet customer needs with
inadequate resources Studies show that staff members are able to only spend an average of two minutes
with customers seeking information. There is one library staff member for every 1,311 regular
borrowers. Library collections are beginning to show significant physical deterioration During the
recession of the early 90 's, the ability to provide resources and matertals was cut dramatically Although
Council generously restored some of the funding, the allocation was never restored to the 1990 levels. This
has affected customers in the following manner:
Longer waits for popular fiction and non-fiction materials.
Increased requests to purchase items
Permanent loss of resources; some materials are no longer available in
book format and new technology is expensive;
Rate of growth of the collection has slowed dramatically;
Limited purchase of certain types of materials to assure the accuracy
of other types of resources, such as science, medical, legal and business resources;
Some resources are only available in certain butTdings; customers and
staff must rely on resources in more than one facility.
Technology in the City's library facihties ts unable to keep pace wtth electronic resources Cittzens have
a better opportunity of successfully ustng two of the library's most basic resources, the catalog and
electronic magazines, tn the privacy of their home, school or place of business Computers must be
upgraded. Existing facilities do not have the space to accommodate the number and type of workstations
that are required to provide access to electronic resources.
The General Booth Corridor and Green Run/Salem Areas do not have a Pubhc Library Services
to children have been limited due to space and staffing requtrements. Five of the Department's existing
structures were constructed and occupied before IBM began marketing its first personal computer. Even
when the Central Library opened in 1988, many people did not have a PC at work or at home. Library
facilities reflect this and structures cannot accommodate the wiring necessary to support computers. In
the Bayside Library, wiring runs on the outside of the brick wall, snarls across the floor and escapes
through ragged holes in the ceiling In addition to wiring, workstations require more space for customers
and staff. The current square footage does not account for the fact that a work statton takes 100 square
feet of individual space. As a result, the electronic resources in the building are limited In the older
buildings, such as Windsor Woods, Bayside, Great Neck and the Oceanfront, there are ADA issues
relating to access to the building and movement within the facdity. Carpeting in some facilities ts as old
as the buildtng itself Several facihties need roofs, air condittoning units, and mechanical equtpment.
Improvements have been delayed in several cases, in anticipation of new buildings More people visited
the Virginia Beach Public Libraries last year than have attended the last 20 Super Bowls.
April 29, 1997
-3-
CITY MANAGER'S BRIEFING
LIBRARY REFERENDUM
ITEM # 42020 (Continued)
Martha J. Sims, Director - Department of Public Libraries, advised, in planning for the future, the City's
strategic planning model was used, previous work was reviewed, tssues from the City's six businesses
(strategic issues) were evaluated and citizens were asked what they expected from their Public Library
in the year 2007 Built into the process of the facilities and services program were certain assumptions:
The Virginia Beach Public Library is characterized by a central facility
with additional facilities throughout the City. It operates as a system,
not as stand alone libraries.
There is a backlog of construction from the mid 1980's. Library service
should be spread throughout the City. Citizens should have equal access
to a Public Library; each Planning Area would have at least one library
facility.
Library facilities must accommodate electronic resources and provide
adequate space for customers to access the materials on their own.
Modernization of older library facih'ties would have to occur.
Citizens would participate in the discussion of facilities and services.
The public dialogue sessions focused on the future of library facilities and services. Cttizens kept
addressing five key areas'
Neighborhood Libraries
Increased Hours
Technology
More Staff Assistance and Programming
Books and Materials
Based on the assumpttons about facih'~es and services, the current state of the system, the City's
Destination Points and citizen dialogue, the Library Board recommends City Counctl consider a total of
14 construction and renovation projects:
New Construction
Green Run/Salem
Princess Anne Library
Cypress Point Library
Centerville Library
Little Neck Library
Bayside Library (opened 1969)
Oceanfront Library (opened 19 78)
Bayfront Library
a 9,000 sq.fl.)
88, 000 sq.
(12, 000 sq.
(15, 000 sq.
(10,000 sq. fa)
(lS, 000 sq. ft.)
(16,000 sq. ft.)
( 7,500 sq. ft.)
Modernization:
Additional
Windsor Woods Library (opened 1966)
Great Neck Library (opened 1976)
Pungo/Blackwater Library (opened 1990)
Library Administration
1, 700 sq. ft.
2,000 sq. ft.
1,200 sq. ft.
2,000 sq. ft.
Renovation
Central Library (opened 1988)
Kempsville Library (opened 1990)
75% of all Middle and High School Students regularly use the Public Library to complete homework and
research assignments.
April 29, 1997
-4-
CITY MANAGER'S BRIEFING
LIBRARY REFERENDUM
ITEM # 42020 (Continued)
Option 1 - The Entire Propos. al
With a more vital economy and water flowing from Lake Gaston, the
vision of the Library Board is that all the projects and servtces listed in
this report wouM be funded with one Referendum in November, 1997.
The first facilities couM open in the year 2000 and the last wouM be
completed 2004. Projects would be phased to address the backlog of CIP
projects from the 1980s and then move into areas of the City where there
are no libraries. Modernization of the older facilities would be phased so
that citizens in one area of the City would not be without hbrary services
when an older budding is closed for renovatton. The Referendum would
request citizens to impose a 6 to 7 cent tax increase on their real estate
assessment. For a $I00,000 home, that would be $60 to $70 a year, or
$5. O0 to $5.83 a month. The costs for this package includes construction,
hbrary collections, automation and staffing Also tncluded are funds for
maintenance of collecttons, upgrading technology and ongotng staffing.
To reflect the ongoing impact on other City services, landscaping and
custodtal costs would also be paid from this tax tncrease rather than
impact the budget of General Services.
Option 2- Two Referenda
Given the realities of the current financtal burdens facing the Ctty, the
needs of the school system, the issues around Lake Gaston and the
citizens' concerns over the rising costs of government, the Board has
constdered other options. In a second scenarto, there would be two
Referenda, one in November 1997 with a second in November 1999 or
2000. To accomplish thts, dtfferent chotces would need to be made about
the phasing of projects The estimated cost of the first Referendum is
approximately 4.7 cents on the tax rate. The second Referendum,
including four new construction projects, is approximately 2.4 cents on
the tax rate.
Additional Options
The Library Board has considered a myriad of permutations of options
that involve requesting the renovations be funded by year end balances
and placmg only new projects on Referenda. The crttical issue is the cost
of on-going operattons of hbrary services in terms of staffing, technology,
collections, equtpment and maintenance. The Library Board and staff can
examine alternative approaches should that be the destre of City Council.
Ed Schrock, President - Friends of the Virginia Beach Public Library, described the Volunteer Support
Effort. 85% of the citizens polled in the City's annual survey, advised an ongoing relationship wtth the
Public Library. Across the nation, Library Referenda have a 3 to 1 success rate and the amount of
capital funds approved in 1995 was 82%. In General Elections, Ltbrary Referenda had a 80% success
rate. There already exists a large group of volunteers ready and willing to devote their time and energy
to seeing that the Referendum discussed is approved The Friends will allocate funding for the services
of a Professional Marketing Consultant, with a record of successful political campaigns. In additton to
the organized volunteer groups, the Friends are confident that Civic Leagues in the areas that do not have
library services will be supportive of these efforts.
Mrs. Sims advised two areas have been identified for an opportunity of collaboration with the schools:
Pungo/Blackwater area with Creeds School and in the Little Neck Area. One difficulty in the
combtnation of school and public library is the tssue of security The Public Library needs to be open long
hours and available to everyone in the Community. The electronic sharing of resources is enttrely
possible. Approximately $% of the City's registered library borrowers are Norfolk residents.
~pril 29, 1997
-5-
CITY MANAGER'S BRIEFING
LIBRARY REFERENDUM
ITEM # 42020 (Continued)
City Council needs to make a decision relative a Referendum around the end of June or first part of
July to take the steps to place it on the November Ballot.
The cost of the renovations and the separate Capital and Operating Costs will be provided to City
Council.
April 29, 1997
-6-
CITY COUNCIL WORKSHOP
FY 199 7-98 OPERA TING BUDGE T/FY 199 7-98/2002-3 CAPITAL IMPR 0 VEMENT PR OGRAM
10:25 A.M.
ITEM# 42021
City Council conducted its Workshop for the FY 1997-98 OPERATING BUDGET/FY 1997-98/2002-3
CAPITAL IMPR O VEMENT PROGRAM.
April 29, 1997
-7-
CITY MANAGER'S BRIEFING
OCEANFRONT TROLLEY
12:45 P.M.
ITEM # 42022
Dale Castellow, Transportation Planner - Department of Planmng, advised on February I1, 1997, the
TRT Consultant, presented information relative the RESORT TRANSIT STUDY (TROLLEI~. The
Consultant outlined areas of improvement.
AL TERNA TIVES
TROLLEY ROUTES AND SER VICES LEVELS
Museum Route Extension
Increase Museum Route Frequency
Increase Atlantic Trolley Frequency
Pavilion Trolley Connectton
Multimodal Center at 19th Street.
SYSTEM SCHEDULE AND HEADWAYS- SHORT TERM IMPROVEMENTS
FieM Supervisors and Communicattons
Temporary Reserved Trolley Lanes
Move Atlantic Trolley to Pac~c Avenue
S YS TEM SCHEDULE AND HEAD WA YS - LONG TERM IMPR 0 VEMENTS
Boardwalk Tram Service
Permanent Exclusive Trolley Lanes
CUSTOMER SER VICE IMPR 0 VEMENTS
Customer Service Training
Incentives for Customer Service
Retaimng Quahty Trolley Drivers
MARKETING AND PROMOTION
Eliminate Fares
Use of Tokens
Increase System Vtsibility
Jim Becker, representing TRT, presented information relative increasing system visibility. Wtth the
utilization of slides, he depicted the identity "Beach Trolley" which will be on all the informatton
disseminated to the public. This will also be on the Trolley stop sign. The drivers wtll be provided with
a uniform consisting of khaki shorts and apolo type shirt in the beach colors. Customer service training
will be provided to the operators.
Mr. Castellow advised Staff was directed to report back to City Councd on three prtmary issues (1)
further refine the cost associated with implementing Phase I in the consultants report; (2) address
concerns raised by the Police Department regarding reserved Trolley Lanes; and, (3) conduct a citizens
participation program to assess community support for the consultant's proposal.
With the utilization of an overhead, Dale advised the consultant's cost estimate includes both Capital and
Operating Costs for Phase I improvements. The City's share of Capital expenses is formula based and
typically runs approximately 10%. The consultant has outlined total Capital Cost; howe~er, the City wouM
pay not more than a 10% share. The Operating Cost is a recurring annual expenditure. The City would
need to budget as part of the Transit subsidy. In additton to the costs estimates, there are other costs
borne by the City' Public Works Department/Traffic Operations Public Works has prepared an estimate
of a total seasonal cost of approximately $67,000, which must be added to the $296,040. The $67,000
figure is a "pilot program" utilizing temporary signs, cones, etc. This estimate is based on a seven-day
implantation schedule for the hours between 7:00 P.M. and 12:00 A.M. Any changes or adjustments
impacts the cost. A more permanent implementation program utilizing permanent signing, paving markers,
etc., would increase the cost on this same schedule to approximately $140,000 per season. Consequently
the total cost, utilizing the "pilot program" would be approximately $360,000. According to Management
Services, there are sufficient reserves in the TGIF fund to accommodate these costs.
April 29, 1997
-8-
CITY MANAGER'S BRIEFING
OCEANFRONT TROLLEY
ITEM # 42022 (Continued)
Staff has expressed concern as to how the trolley lanes will impact the operational effectiveness of the
Police Department. The southbound lane is currently used as the staging area for enforcement actions
and police vehicles. The Police Department has suggested it may be possible to relocate their staging area
to the cross streets and they are currently developing a plan.
Rob Hudome, Resort Manager - Convention and Visitor Development, advised it is recognized by the
entire resort area community and the business groups in the resort area, for an effecttve, more efficient
trolley system, to assist circulation with hotel guests and day and night visitors. This plan was reviewed
thoroughly with the Resort Area Advisory Commission, the R~4CC's Transportation SubCommittee, Resort
Leadership Council, Restaurant Association, Hotel Association, Retad Association, and Civic Leagues.
There were concerns regarding implantation and addressing congestion. However, all groups have
endorsed the program and will support same in front of City Council, if necessary.
Kim Kimball, Executive Director - TRT, advised the salary for the temporary trolley operators is $7. 75
an hour. These drivers are contracted, receive no benefits and will be limited to 6 hours of work per
day and no overtime. The regular operators have a lower rate, but have a benefit package and are not
subject to the same conditions.
On special event weekends i.e. Beach Music Festival, Fireworks, additional extended servtces wtll be
provided.
Mr. Hudome advised the current boardwalk improvements will be designed to accommodate electric trams.
The boardwalk will be completed by approximately 1999. They will review the possibihty of utiliztng these
electric trams this Summer.
April 29, 1997
-9-
AGENDA RE VIEW SESSION
12:30 P.M
ITEM # 42023
Council Lady McClanan wished a VERBAL NAY VOTE be reflected:
L1
Ordinances to authorize the acquisttion of Agricultural Land
Preservation Easements (ARP) and the tssuance by the City of
its contract obligations (Blackwater Borough).
a. MARGARETB. VENABLE
Installment Purchase Agreement No. 1997- 7A - $2 78, 082
b. VENABLE REAL ESTATE, L.P.
Installment Purchase Agreement No. 1997-7B - $ 30,898.
ITEM # 42024
Council Lady Parker inquired relative the per diem for the Tidewater Detention Home tncreastng from
the current $41.41 to $75.00 per day for all admissions tn excess of 40 per day. Council Lady Parker was
concerned as to the reason for thts major increase
Ordinance to TRANSFER appropriations of $290,121 from the General
Fund Reserve for Contingencies to the Vtrginta Beach Court Service Unit
re Detention and Group Home Services
Bruce Bright, Court Services, advised the $41.41 fee currently being paid is for the first 40 beds utilized
in the Detention Home and is currently under special agreement because of the SI-MILLION the City
appropriated to expand TDH. This Condition will expire sometime this Fall as the City will have utilized
all of its credit. Then the City must pay $75. O0 a day when the beds number over 40. Thts came tnto
effect on March 15, 1997.
ITEM # 42025
Councilman Jones inquired if the Baylake Pines residents had been consulted relative the Street Closure'
L 80rdtnances to appoint viewers
a. Petition of Bayville Farms Associates, L.P. for the closure of
a portion of First Court Road, destgnated as the "EX. R/W"
(BA YSIDE BOROUGH).
John Herzke, City Engineer, advised a Public Meeting was held on Thursday evening, April 24, 1997,
with the residents and the majority supported same. At one time a bike path was reviewed at thts location,
however, there are no definite plans scheduled at the present time.
ITEM # 42026
BY CONSENSUS, the following items shall compose the CONSENT AGENDA'
ORDINANCES
L 1. Ordinances to authorize the acquisition of Agricultural Land
Preservation Easements (ARP) and the issuance by the City of
its contract obhgations (Blackwater Borough).
a. MARGARETB. VENABLE
Installment Purchase Agreement No. 1997- 7A - $2 78, 082.
b. VENABLE REAL ESTATE, L.P.
Installment Purchase Agreement No. 1997-7B - $ 30,898.
April 29, 1997
- 10-
AGENDA RE VIEW SESSION
ITEM # 42026 (Continued)
1.2
Ordinance to AMEND and REORDAIN Section 16-35 of the
Code of the City of Virginia Beach re repair of unsafe
buildings and other structures.
L3
Ordinance to APPROPRIATE $444,900 (Fundtng' $392,650
Medicaid; $11,250 Federal Grant; $1,500 State Grant, and,
$39,500 interest) to the Mental Health, Mental Retardation and
Substance Abuse (MHMRSA) FY 1996-1997 Operating Budget
re expansion of services, costs associated with the Community
Services Board (CSB) Complex and the purchase of five (5)
replacement vehicles; and, increase estimated revenues
accordingly.
1.4
Ordinance to APPROPRIATE $34,068 in addittonal esttmated
revenue from Section 8 Administrative Fees to the Department
of Housing and Neighborhood Preservation FY 1996-1997
Operating Budget re automation equipment and expenses, and,
increase estimated revenues accordingly.
15
Ordinance to APPROPRIATE $8,500 of the Fund Balance tn
the Forfeited Asset Sharing Special Revenue Fund to the FY
1996-1997 Operating Budget of the Commonwealth's Attorney
re purchase of a multi-media projection system.
1.6
Ordinance to TRANSFER appropriations of $290,121from the
General Fund Reserve for Contingenctes to the Virgtnta Beach
Court Service Unit re Detention and Group Home Services
1.7
Ordinance to declare EXCESS approximately 16 acres of City-
owned property on Bendix Road (between Bonney Road and
Route 44, the Virginia Beach Expressway), authorize the City
Manager to execute an agreement for conveyance to
Lynnhaven Acquisition Corporation; and, execute all
documents necessary to effectuate the conveyance of the
property (KEMPS VILLE BOROUGH).
1.8
Ordinances to appoint viewers:
Petition of Bayville Farms Associates, L.P. for the closure of
a portion of First Court Road, designated as the "EX R/W"
(BA YSIDE BOROUGH).
Petition of Mark R. Lichtenstein for the closure of a portion of
Sydnor Street at 55th Street to the Northwest corner of
Ubermeer Annex No. 3 (L YNNHA VEN BOROUGH).
1.90rdtnance to grant franchises re the operation of open air
cafes tn the resort area:
a. Bilmarr Enterprises, Inc.
(ifa Abbey Road Restaurant)
b. Four Sails-HWC Investments Delight
(ifa Blue Water Cafe)
c. Atlantic Resort Associates
(ifa Best Western Oceanfront/Cafe Iguana)
d. Colonial Inn, Inc.
(t/a Cary's Restaurant [Boardwalk])
e. Atlantic Enterprises, Inc.
(ifa Oceanfront Inn/Ellington 's)
f Island Repubhc, Inc.
(ifa Island Republic RestauranO
203 22nd Street
3301 Atlantic Ave.
1101 Atlantic Ave.
2809 Atlantzc Ave.
2901 Atlantic Ave.
1905 Atlantic Ave
April 29, 1997
-11-
AGENDA RE VIEW SESSION
ITEM # 42026 (Continued)
g. Oceanside Investment Associates
(t/a Holiday Inn Oceanside/Jonah 's)
h. Seashore Management Ltd-Hilton Inn
(t/a Laverne's Cafe)
i. Sea Oaks Corp-Marianna
Enterprises.
(t/a Sea Gull Motel/Little Feets)
j. Barclay Restaurant Corporatton
(t/a London Pavilion)
lc Resorts of Virginia Beach, Inc.
(t/a Peppers Beach Tavern)
I. 22nd Street Raw Bar & Grille
m. Quality Inn Oceanfront
(t/a 23rd Street Bistro)
n. Beach Motel Corp
t/a Thunderbird Motor Lodge
(t/a T-Bird Cafe)
o. Ocean Ranch Motel Corporation
(t/a Days Inn Oceanfront/Timbuktu)
2101 Atlantic Ave.
701 Atlantic Ave.
2613 Atlantic Ave
809 Atlantic Ave.
225 17th Street
202 22nd Street
2207 Atlantic Ave.
3410 Atlanttc Ave.
3107 Atlantic Ave
110 CERTIFICATES OF PUBLIC CONVENIENCE AND
NECESSITY
a. FIVE STAR LIMOUSINE, INC.
b. A TOUCH OF CLASS LIMOUSINE SERVICE
c. TOM'S LIMO SER VICE
d. LONG 'S LIMOUSINE SERVICE
I. 11 Ordinances to authortze:
a. License Refunds in the amount of $5,252.00
b. Special Tax Refunds tn the amount of $15,322.30
April 29, 1997
- 12-
AGENDA RE VIEW SESSION
ITEM # 42027
Councilman Branch referenced:
Application of the CITY OF VIRGINIA BEA CH, Public Works/Parking Systems
Management, for a Conditional Use Permtt for a commerctal/munictpal partang lot
at the Southeast corner of Atlantic Avenue and Laskin Road (3003 Atlanttc Avenue),
containing 1.03 acres (7/[RGINIA BEACH BOROUGH)
Related to the above application, Councilman Branch advised he would request ADDING to the City
Council ,4genda:
Resolution requesting the Virginia Beach Development Authority sohcit
proposals for the development of its property located at 31st Street on the
Oceanfront consistent with its prime location and requiring a successful
proposal to include open space for use by the General Public.
Councilman Branch advised the 24th Street Park is approximately 1/2 the size of this property.
ITEM # 42028
Mayor Oberndorf referenced correspondence from Attorney R. J. Nutter requesttng DEFERRAL unttl the
City Counctl Session of May 13, 1997;
J. 7 Apphcation of R. S. DICKSONAND COMPANY for a Change
of Zoning Distrtct Classtfication from ,4-12 Apartment Dtstrtct
to RT-3 Resort Tourist Distrtct at the Southwest intersectton of
30th Street and Arctic Avenue, contmning 32,328 square feet
(VIRGINL4 BEACH BOROUGH)
Attorney Wdliam Macali advised relative vested rights, the City has sixty days tn which to approve the
site plan. There is ample time for the City Council to enact the Ordtnance relative drtve-thru's before an
approved site plan can be received.
ITEM # 42029
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA.
PLANNING
a.
Or&nance for discontinuance, closure and abandonment tn the
Petition of LA WRENCE A.. SANCILIO, RACHEL V.
SANCILIO, LENA SANCILIO, MA URICE STEINGOLD,
LEWIS B. STEINGOLD and SIGNET BANK/VIRGINIA,
Trustees under the Wall of Israel Steingold, (LYNNHA VEN
BOROUGH):
Wagner Street - Beginning at the Southern boundary of Bonney
Road and running in a Southerly direction a distance of 1096
feet more or less to the Northern boundary of the Virginia
Beach-Norfolk Expressway.
First Street - Beginning at the Western Boundary of Avenue E
and running in a Westerly direction a distance of 349. 78 feet.
Avenue E - Western 25.01 feet, beginmng at a point 200 feet
South of First Street and running in a Southerly chrection a
distance of 214. 67feet to the Northern boundary of the Virginia
Beach-Norfolk Expressway
Aprtl 29, 1997
- 13-
AGENDA RE VIEW SESSION
ITEM # 42029 (Continued)
,1.3
J. 4
,1.5
,1.6
a.
bo
Application of ATRIA COMMUNITIES, INC., for a
Modification to a Condittonal Use Permit (approved 11
February 1997) for an assisted living and retirement housing
_facility to allow 112 units rather than 110 units on the North
side of Old Donation Parkway, beginning at a point 1011.65
feet East of First Colonial Road, containtng 5.1 acres
(L YNNHA VEN BOROUGH).
Application of VENCOR, INC. for a Conditional Use Permit
for a nursing home expansion at the Northeast corner of
Bonney Road and South Budding Avenue (4142 Bonney Road),
containing 5 acres (KEMPSVILLE BOROUGH).
Application of the CITY OF VIRGINIA BEACH, Public
Works/Parking Systems Management, for a Condtttonal Use
Permit for a commercial/municipal parlang lot at the Southeast
corner of Atlantic Avenue and Laskin Road (3003 Atlanttc
Avenue), containing 1.03 acres (VIRGINIA BEACH
BOROUGH).
Applications re OVERHOLT TRUST at the Southwest corner
of Lynnhaven Parkway and Salem Road (KEMPSVILLE
BOROUGH):
JOSEPH OVERtIOL T, TRUSTEE, fora Conchttonal Change
of Zoning Distrtct Classification from R-10 Residential District
to Conditional B-2 Community Business District, contatning 15
acres.
WILLIAM J. and MILLIE J. OVERHOLT, IRREVOCABLE
TRUST, for a Conditional Use Permtt. for mini-warehouses and
an automobile service station, containing 13. 78 acres.
Application of R. S. DICKSONAND COMPANY for a Change
of Zoning District Classtficatton from A-12 Apartment District
to RT-3 Resort Tourist Distrtct at the Southwest intersectton of
30th Street and Arcttc Avenue, containing 32,328 square feet
(VIRGINIA BEACH BOROUGH).
Item .I. 2 DEFER for an additional 180 days (10/28/97)
Item J. 6. a. REFER BACK TO THE PLANNING COMMISSION
Item J. 6. b. WITHDRAW
Item J. 7. DEFER until the City Council Session of May 13, 1997
April 29, 1997
- 14-
ITEM # 42030
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, April 29, 1997, at ] 32
P.M.
Council Members Present:
John A Baum, HaroM Heischober, Barbara M. Henley, Louis R Jones,
Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Loutsa M. Strayhorn
Council Members Absent:
Linwood O. Branch, III
Wdliam W Harrison, Jr.
[BUSINESS COMMITMENT SCHEDULED
PRIOR TO CITY COUNCIL
RESCHED ULING THIS SESSION]
April 29, 1997
- 15-
ITEM # 42031
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose:
PERSONNEL MA TTERS: Discussion or consideration of or interviews
of prospective candidates for employment, assignment, appomtment,
promotion, performance, demotion, salaries, disciplinmg, or restgnation
of specific public oj~cers, appointees, or employees pursuant to Section
2.1-344 (A) (I).
Appointments - Boards and Commissions'
Arts and Humanities Commission
Community Services Board
Medical College of Hampton Roads
Minority Business Council
PUBLICLY-HELD PROPERTY: Discussion or constderation of the
condition, acquisition, or use of real property for pubhc purpose, or of
the disposition of publicly-held property, or of plans for the future of an
institution which could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2 1-344(A)(3)
To-Wit. Acquisition of Property
Agricultural Reserve Program
Blackwater & Pungo Boroughs
Virginia Beach Borough
Princess Anne Borough
Upon motion by Councilman Jones, seconded by Councilman Baum, City Councd voted to proceed into
EXECUTIVE SESSION (1:35 P.M.)
~ting: ~0
Council Members Voting Aye.
John A. Baum, Harold Heischober, Barbara M. Henley, Louis R Jones,
Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vtce
Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood 0 Branch, III and William W. Harrtson, Jr.
Aprtl 29, 1997
- 16-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
April 29, 1997
2:00 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Council Chamber, City Hall Building, on Tuesday, Aprtl 29, 1997, at 2 30 P M.
Council Members Present.
John A Baum, Linwood O. Branch, III, Harold Heischober, Barbara M
Henley, Louis R. Jones, Reba $ McClanan, Mayor Meyera E Oberndorf,
Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and Louisa M
Strayhorn
Counctl Members Absent'
Wilham W. Harrison, Jr.
INVOCATION:
The Reverend Dan Goff
Calvary Assembly of God
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vtce Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed there were no matters
on the agenda tn which he has a "personal interest", as defined tn the Act, either indivtdually or in his
capacity as an officer of Central Ftdehty Bank The Vice Mayor regularly makes this Dtsclosure as he may
or may not know of the Bank's tnterest tn any apphcatton that may come before Ctty Counctl Vtce Mayor
Sessoms' letter of January 1, 1997, ts hereby made a part of the record.
Aprtl 29, 1997
-17-
Item VI-E.
CER TIFICA TION OF
EXECUTIVE SESSION
ITEM # 42032
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, Ctty Council CERTIFIED
THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies;
AND,
Only such public business matters as were identtfied in the motton
convening the Executive Session were heard, discussed or constdered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, HaroM Hetschober, Barbara M
Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf,
Nancy K Parker, Vtce Mayor William D. Sessoms, Jr. and Loutsa M
Strayhorn
Council Members Voting Nay.
None
Councd Members Absent:
William W. Harrison, Jr.
April 29, 1997
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 42031 Page No. 15 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.
Ruffi Hodges Smith, QMC/AAE
City Clerk
April 29, 1997
- 18-
Item VI-F. 1. a.
MINUTES
ITEM # 42033
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Councd APPROVED
the Minutes of the INFORMAL AND FORMAL SESSIONS of April 8, 1997.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Barbara M. Henley, Louis R Jones,
Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, V~ce
Mayor William D. Sessoms, Jr. and Lomsa M. Strayhorn
Council Members Vottng Nay:
None
Council Members Abstaining:
Linwood O. Branch, III
Council Members Absent:
William W. Harrison, Jr.
Councilman Branch ABSTAINED as he was not in attendance during the City Council Session of April
8, 1997.
April 29, 1997
- 19-
Item VI-F. 2
MINUTES
ITEM # 42034
Upon motion by Vice Mayor Sessoms, seconded by Councd Lady Strayhorn, City Council APPROVED
the Mtnutes of the PUBLIC HEARING of April 17, 1997.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M
Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf
Nancy K. Parker, Vice Mayor Wilham D. Sessoms, Jr and Louisa M
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
William W. Harrison, Jr.
April 29, 1997
- 20 -
Item VI-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 42035
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
The following Resolution will be ADDED to the AGENDA:
Resolution requesting the Virginia Beach Development Authority to sohctt
proposals for the development of its property located at 31st Street on the
Oceanfront consistent with its prime location and requirtng a successful
proposal to tnclude open space for use by the General Public.
April 29, 1997
- 21 -
Item Vid.
ORDINANCES
ITEM # 42036
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED
BY CONSENT in ONE MOTION Ordinances 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11.
Voting. 10-0
Councd Members Voting Aye:
John A Baum, Ltnwood O. Branch, III, Harold Heischober, Barbara M
Henley, Louis R. Jones, Reba S. McClanan,* Mayor Meyera E
Oberndorf, Nancy K. Parker, Vice Mayor William D Sessoms, Jr and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
William W Harrison, Jr.
Council Lady McClanan voted a VERBAL NAY on Item 1.a b.
April 29, 1997
- 22 -
Item VI-I. 1. a. b.
ORDINANCES
ITEM # 42037
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, Cay Counctl ADOPTED:
Ordinances to authorize the acquisition of Agricultural Land
Preservation Easements (ARP) and the issuance by the City of its
contract obligations (Blackwater Borough).
a. MARGARET B. VENABLE
Installment Purchase Agreement No. 1997- 7A - $2 78, 082
b. VENABLE REAL ESTATE, L.P.
Installment Purchase Agreement No 1997-7B - $ 30,898.
Voting:
9-1 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M
Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy K Parker,
Vice Mayor William D. Sessoms, Jr. and Loutsa M. Strayhorn
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
William gE. Harrison, Jr.
April 29, 1997
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AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
AGRICULTURAL LAND PRESERVATION EASEMENT AND THE
ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN
THE MAXIMUM PRINCIPAL AMOUNT OF $278,082
WHEREAS, pursuant to the Agricultural Lands Preservation
Ordinance (the "Ordinance"), Appendix J of the Code of the City of
Virginia Beach, there has been presented to the City Council for
approval an Installment Purchase Agreement for the acquisition of
the Development Rights (as defined in the Installment Purchase
Agreement, a true copy of which is hereto affixed) on certain
property located in the City and more fully described in Exhibit B
of the Installment Purchase Agreement for a purchase price of
$278,082 ; and
WHEREAS, the aforesaid Development Rights shall be acquired
through the acquisition of a perpetual agricultural land
preservation easement, as defined in, and in compliance with, the
requirements of the Ordinance; and
WHEREAS, the City Council has reviewed the proposed terms and
conditions of the purchase as evidenced by the Installment Purchase
Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. The City Council hereby determines and finds that the
proposed terms and conditions of the purchase of the Development
Rights pursuant to the Installment Purchase Agreement, including
the purchase price and manner of payment, are fair and reasonable
and in furtherance of the purposes of the Ordinance, and the City
Manager is hereby authorized to approve, upon or before the
execution and delivery of the Installment Purchase Agreement, the
rate of interest to accrue on the unpaid principal balance of the
purchase price set forth hereinabove as the greater of 5.75% per
annum or the per annum rate which is equal to the yield on United
States Treasury STRIPS purchased by the City to fund such unpaid
principal balance; provided, however, that such rate of interest
shall not exceed 7.50% unless the approval of the City Council by
resolution duly adopted is first obtained.
2. The City Council hereby further determines that funding
is available for the acquisition of the Development Rights pursuant
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to the Installment Purchase Agreement on the terms and conditions
set forth therein.
3. The City Council hereby expressly approves the
Installment Purchase Agreement in the form and substance presented
at this meeting and, subject to the determination of the City
Attorney that there are no defects in title to the property or
other restrictions or encumbrances thereon which may, in the
opinion of the City Attorney, adversely affect the city's
interests, authorizes the City Manager to execute and deliver the
Installment Purchase Agreement in substantially the same form and
substance as presented at this meeting with such minor
modifications, insertions, completions or omissions which do not
materially alter the purchase price or manner of payment, as the
City Manager shall approve. The City Council further directs the
City Clerk to affix the seal of the City to, and attest same on,
the Installment Purchase Agreement. The City Council expressly
authorizes the incurrence of the indebtedness represented by the
issuance and delivery of the Installment Purchase Agreement.
4. The City Council hereby elects to issue the indebtedness
under the Charter of the City rather than pursuant to the Public
Finance Act of 1991 and hereby constitutes the indebtedness a
contractual obligation bearing the full faith and credit of the
City.
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Adopted by th~ Council of the City of Virginia Beach,
Virginia, on this~ day of April , 1997-
Adoption requires an affirmative vote of a majority of all
members of the City Council.
CA-97-6621
Wmm\ordres\venable. orn
April 21, 1997
R-1
APPROVED AS TO CONTENT:
~griculture Department
APPROVED AS TO LEGAL /?
/, .,4 ?.
La~ Department
Direct6r-of ]Financ~
MARGARET B. VENABLE,
the "Seller"
and
CITY OF VIRGINIA BEACH, VIRGINIA
the "City"
INSTALLMENT PURCHASE AGREEMENT
(Agreement No. 1997-7A)
TABLE OF CONTENTS
(This Table of Contents is not part of the Installment Purchase Agreement and is only for
convenience of reference)
Section
RECITALS ........................................... 1
AGI~,EEMENTS ........................................ 1
ARTICLE 1
DEFINITIONS
SECTION 1.1
SECTION 1.2
Definitions ............................... 1
Rules of Construction ........................ 3
ARTICLE 2
SALE AND PURCHASE OF DEVELOPMENT RIGHTS
SECTION 2.1
SECTION 2.2
Agreement to Sell and Purchase Development Rights .... 4
Delivery of Deed of Easement .................. 4
ARTICLE 3
PAYMENT OF PURCHASE PRICE
SECTION 3.1
SECTION 3.2
SECTION 3.3
Payment of Purchase Price ..................... 4
Registration and Transfer of this Agreement ......... 5
Mutilated, Lost, Stolen or Destroyed Agreement ....... 6
ARTICLE 4
REPRF.$ENTATIONS AND WARRANTIES
SECTION 4.1
SECTION 4.2
Representations and Warranties of the City .......... 7
Representations and Warranties of the Seller ......... 7
Section
ARTICLE 5
PROVISIONS RELATING TO EXCLUSION
OF INTEREST FROM INCOME FOR FEDERAL INCOME TAXATION
SECTION 5.1 Intent of City and Tax Covenant of City ............. 8
SECTION 5.2 Acknowledgment of Seller with Regard to Tax
Consequences of Transaction ............................ 9
ARTICLE 6
THE REGISTRAR
SECTION 6.1
SECTION 6.2
SECTION 6.3
SECTION 6.4
SECTION 6.5
Appointment of Registrar ..................... 9
Ownership of Agreement ..................... 9
Removal of Registrar and Appointment of
Successor Registrar ......................... 9
Qualifications of Successor Registrar ............... 9
Successor by Merger or Consolidation ............. 10
ARTICLE 7
MISCELLANEOUS
SECTION 7.1
SECTION 7.2
SECTION 7.3
SECTION 7.4
SECTION 7.5
SECTION 7.6
SECTION 7.7
SECTION 7.8
SECTION 7.9
SECTION 7...10
Successors of City ......................... 10
Parties in Interest .......................... 10
Binding Effect ............................ 10
Severability ............................. 10
Prior Agreements Cancelled; No Merger ........... 11
Amendments, Changes and Modifications ........... 11
No Personal Liability of City Officials ............. 11
Governing Law ........................... 11
Notices ................................ 11
Holidays ............................... 12
Signatures and Seals ..................................... 12
EXHIBIT A-
EXIqlRIT B -
EXHIBIT C -
EXHIBIT D -
EXHIBIT E-
Form of Deed of Easement
Description of Land
Permitted Encumbrances
Form of Assignment
Transfer of Agreement - Schedule of Transferees
ii
INSTALL_MENT PURCHASE AGREEMENT
(Agreement No. 1997-7A)
THIS INSTALLMENT PURCHASE AGREEMENT (this "Agreement") is made
as of the day of , 1997 between MARGARET B. VENABLE (the
"Seller") and CITY OF VIRGINIA BEACH, VIRGINIA, a body politic and corporate
of the Commonwealth of Virginia (the "City").
RECITALS
A. Pursuant to the authority granted by the Open-Space Land Act, ,, Chapter 17,
Title 10.1 of the Code of Virginia of 1950, as mended (the ~Act"), the City adopted the
Ordinance (hereinafter defined in Section 1.1) to promote and encourage the preservation
of agricultural land in designated areas within the southern portion of the City.
B. In furtherance of the purposes of the Act and the Ordinance, the City
has established the Agricultural Reserve Program of the City which provides for the
acquisition of Development Rights (hereinafter defined in Section 1.1) through the
purchase of agricultural land preservation easements with respect to property located in
the portions of the City covered by the Ordinance.
C. The Seller is the owner in fee simple of Land (hereinafter defined in
Section 1.1) which is located in that portion of the City subject to the Ordinance and
meets the eligibility criteria of Section 7 of the Ordinance.
D. The Seller has agreed to sell, and the City has agreed to purchase,
Seller's Development Rights in the Land on and subject to the terms and conditions
hereinafter set forth.
AGREEMENTS
NOW, THEREFORE, in consideration of the foregoing and of the mutual
covenants and agreements hereinafter set forth, and for other good and valuable
consideration, the receipt and sufficiency whereof are hereby acknowledged, the Seller
and the City hereby agree as follows:
ARTICLE 1
DEFINITIONS
SECTION 1.1 Definitions. As used in this Agreement, the following terms
have the following meanings, unless the context clearly indicates a different meaning:
"Agricultural Use" means (i) the bona fide production of crops, animal or fowl,
including, but not limited to, the production of fruits, vegetables, honey, grains, meat,
poultry and dairy products, the raising of livestock and poultry, and the production and
harvest of products from horticultural, silvicultural or aquacultural activity, (ii) the
repair, expansion or replacement of no more than one (1) bona fide dwelling occupied
by the landowner or tenant as of the date of application for entry in the Agricultural
Reserve Program and no more than one freestanding mobile home, as permitted by
Section 19-19 of the Virginia Beach City Code, and (iii) accessory uses directly related
to agricultural activities conducted on the same property, including the sale of
agricultural products as permitted by Section 401 of the Virginia Beach City Zoning
Ordinance. The term does not include the processing of agricultural, silvicultural,
horticultural or aquacultural products, except as an accessory use.
"Business Day" or "business day" means a day on which (a) banks located in the
City and in the city in which the principal office of the Registrar is located are not
required or authorized by law or executive order to close for business, and Co) The New
York Stock Exchange is not closed.
"City" means the City of Virginia Beach, Virginia, a body politic and corporate
and a political subdivision created and existing under and by virtue of the Constitution
and laws of the State, its successors and assigns.
"City Council" means the Council of the City.
"City Manager" means the City Manager of the City.
"Code' means the Internal Revenue Code of 1986, as amended. Each reference
to the Code herein shaU 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.
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'Development Rights' mean the rights of the Seller in the Land to develop the
I. and for any use other than an Agricultural Use. Development Rights shall include, but
not be limited to, the right to develop the Land for any commercial, industrial or
residential use except as expressly permitted by the Ordinance.
"Enabling Legislation" means, collectively, (1) the Open Space I. and Act,
Chapter 17 of Title 10.1 of the Code of Virginia of 1950, as amended, and (2) the
"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 Decem~ 1 in each year, commencing
, 199_.
"Land" means the tract or tracts of land located in Virginia Beach, Virginia,
containing approximately 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 $278,082, the purchase price to be paid by the City to
the Registered Owner in accordance with this Agreement.
"Record Date" means the fifteenth (15th) day (whether or not a Business Day) of
the calendar month immediately preceding each Interest Payment Date and the principal
payment date.
"Registered Owner" means the registered owner of this Agreement as shown on
the registration books maintained by the Registrar.
"Registrar" means First Union National Bank of Virginia or any other person
hereafter appointed by the City to act as Registrar and paying agent for this Agreement.
"Seller" means Margaret B. Venable.
"State" means the Commonwealth of Virginia.
SECTION 1.2
Rules of Construction.
(a) The words "hereof," "herein," Nhereunder," "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 PURCI-~SE OF DEVFJ.OPMENT RIGHTS
SECTION 2.1 A~ment tO Sell and Purchase Development Rights. The
Seller agrees to sell the Development Rights in the Land to the City and the City agrees
to purchase the Development Rights in the Land from the Seller on the date hereof for
the Purchase Price.
SECTION 2.2 Delivery of Deed of Easement. In order to evidence the
sale of the Development Rights to the City, the Seller shall execute and deliver to the
City on the date hereof the Deed of Easement in the form attached hereto as Exhibit A
and made a part hereof. The Deed of Easement shall be recorded in the Clerk's Office
of the Circuit Court of the City.
ARTICLE 3
PAYMENT OF PURCHASE PRICE
SEC.TION 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 $278,082.
Co) Interest on the unpaid principal balance of the Purchase Price shall
me from the date of recordation of the Deed of Easement and shall be payable to the
Registered Owner on , 199_, and semiannually thereafter on June 1 and
December 1 in each year to and including ,202_, at the rate of... % per
annum. Interest shall be calculated on the basis of a 360-day year of twelve 30-day
months.
(c) Both the single installment of principal of the Purchase Price and
the interest on the unpaid balance thereof are payable in lawful money of the United
States of America at the time of payment.
(d) Payment of interest on the unpaid balance of the Purchase Price
shall be made by the City on each Interest Payment Date to the Registrar. The Registrar
shall forward all such interest payments by check or draft mailed to the person(s)
appearing on the registration books of the City maintained by the Registrar as the
Registered Owner on the Record Date, at the address of such Registered Owner as it
appears on such registration books. The single installment of principal off,the Purchase
Price shall be paid on the principal payment date set forth in Subsection (a) above by the
Regis~-ar 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
R~gistration ang[ Transfer of ~is Agreement.
(a) Until the Purchase Price and all interest thereon have been paid in
full, the City shall maintain and keep at the offices of the Registrar, registration books
for the registration and transfer of this Agreement; and upon presentation of this
Agreement for such purpose at the offices of the Registrar, the Registrar shall register
or cause to be registered on such registration books, and permit to be transferred thereon,
under such reasonable regulations as the City or the Registrar may prescribe, the
ownership of this Agreement. The Registrar, however, shall not be required to make any
such registration and transfer during the period from the Record Date to the next
su~ing. 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. The Registrar shall be instructed
not to make any such transfers (other than an Estate Settlement Transfer) on its
registration books kept for the purpose of registering the transfer of this Agreement prior
to the expiration of said one (1) year period.
(c) The Seller is the original Registered Owner. This Agreement shall
be transferable only upon the books of the City maintained for such purpose by the
Registrar, at the written request of the Registered Owner as then shown on such
registration books or his attorney duly authorized in writing, upon presentation and
surrender of this Agreement, together with a written instrument of transfer substantially
in the form attached hereto as Exhibit D, or as may otherwise be satisfactory to and
approved by the Registrar in writing, duly executed by the Registered Owner or his
attorney duly authorized in writing. Upon the surrender for transfer of this Agreement,
the Registrar shall complete the Schedule of Transferees attached hereto as Exhibit E
with the name, address and tax identification number of the transferee Registered Owner,
and the date of the transfer; provided, however, that if there is any conflict~.between the
information set forth in Exhibit E hereto and the registration books maintained by the
Registrar, the information shown on such registration books shall control.
The City and the Registrar may deem and treat the person in whose name this
Agreement is registered upon the books of the City maintained by the Registrar as the
absolute owner of this Agreement, whether any payments hereunder shall be overdue or
not, for the purpose of receiving payment of, or on account of, the Purchase Price and
interest thereon and for 211 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 r~t 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 A~reement. In the
event that this Agreement is mutilated, lost, stolen or destroyed, the City and the
Registered Owner (as then shown on the registration books maintained by the Registrar)
shall execute and deliver a substitute agreement having the same terms and provisions
as the mutilated, lost, stolen or destroyed Agreement; provided that, in the 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
furnished to the City and the Registrar evidence of such loss, theft or destruction
satisfactory to the City and the Registrar, together with indemnity satisfactory to each of
them in their sole discretion. The City and the Registrar may charge the Registered
Owner requesting such new Agreement their expenses and reasonable fees, if any, in this
connection. If after the delivery of such substitute Agreement, a bona fide purchaser of
the original Agreement (in lieu of which such substitute Agreement was issued) presents
for payment such original Agreement, the City and the Registrar shall be entitled to
recover such substitute Agreement from the person to whom it was delivered or any
other person who receives delivery thereof, except a bona fide purchaser, and shall be
entitled to recover upon the security or indemnity provided therefor or otherwise to the
extent of any loss, damage, cost or expense incurred by the City and the Registrar in
connection therewith.
ARTICLE 4
REPRESENTATIONS AND WARRANTIES
SECTION 4.1 lZep_ resentafions and Warranties of the CRv. The City makes
the following representations and warranties:
of the State.
(a) The City is a body politic and corporate and a political ~subdivision
(b) The City has the necessary power and authority to acquire the
Development Rights, to enter into this Agreement, to perform and observe the covenants
and agreements on its part contained in this Agreement and to carry out and consummate
all transactions contemplated hereby. By proper action, the City has duly authorized the
execution and delivery of this Agreement.
(c) This Agreement has been duly and properly authorized, executed,
sealed and delivered by the City, constitutes the valid and legally binding obligation of
the City, and is enforceable against the City in accordance with its terms.
(d) There are no proceedings pending or, to the knowledge of the City,
threatened before any court or administrative agency which may affect the authority of
the City to enter into this Agreement.
SECTION 4.2 Representations and Warranties of the Seller.
makes the following representations and warranties:
The Seller
· (a) The Seller has full power and authority to execute and deliver this
Agreement and the ~ of Easement, and to incur and perform the obligations provided
for herein a~d 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 De~ 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 thc United States of
America for purposes of federal income taxation.
(g) The Social Security Number of the Seller is 230-14-8847.
The representations in subsections (f) and (g) above are made under penalties of perjury
and the information contained therein may be disclosed by the City to the Internal
Revenue Service. The Seller acknowledges that any false statement in such subsections
could be punished by fine, imprisonment or both.
ARTICLE 5
PROVISIONS RELATING TO EXCLUSION
OF INTEREST FROM INCOME FOR FEDERAL INCOME TAXATION
SEC;lION 5.1 Intent of City and Tax Covenant 9f 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 0f 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 Appointmerlt of Registrar. First Union National Bank of
Virginia is hereby designated and appointed to act as Registrar for this Agreement.
SECTION 6.2 Ownership of Agreement. The Registrar, in its individual
capacity or as trustee for holders of participation interests in this Agreement, may in
good faith buy, sell, own and hold this Agreement, and may join in any action which any
Registered owner may be entitled to take with like effect as if it did not act as Registrar
hereunder. The Registrar, in its individual capacity, either as principal or agent, may
also engage, or have an interest, in any financial or other transaction with the City, and
may 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 Appointmen[ 0f Successor
~. The City shall have the right, subject to the terms of any agreement with the
Registrar, to' remove the Registrar any time by filing with such Registrar to be removed,
and with the Registered Owner, an instrument in writing. Notwithstanding the foregoing,
such removal shall not be effective until a successor Registrar has assumed the
Registrar's duties hereunder. The City shall have the sole right to select a successor
Registrar.
SECTION 6.4 O_ualifications of Successor Registry. Any successor
Registrar shall be either (a) the Department of Finance of the City, fo) 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 CRv. In the event of the dissolution of the
City, all the covenants, stipulations, promises and agreements in this Agreement
contained, by or on behalf of, or for the benefit of, the City, the Seller, any other
Registered Owner and the Registrar, shall bind or inure to the benefit of the successors
of the City from time to time and any entity, officer, board, commission, agency or
instrumentality to whom or to which any power or duty of the City shall be transferred.
SECTION 7.2 Parties in Interest. Except as herein otherwise specifically
provided, nothing in this Agreement expressed or implied is intended or shall be
construed to confer upon any person, firm or corporation, other than the City, the Seller,
any other Registered Owner and the Registrar, any right, remedy or claim under or by
reason of this Agreement, this Agreement being intended to be for the sole and exclusive
benefit of the City, the Seller, any other Registered Owner from time to time of this
Agreement and the Registrar.
SECTION 7.3 Binding Effect. This Agreement shall be binding upon and
inure to the ben~fit 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 ease 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.
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SECTION 7.5 Prior Agr~mcn~ 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 mended, 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 CiW 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 14w. The laws of the State shall govern the
construction and enforcement of this Agreement.
SECTION 7.9 Notiee,~. Except as otherwise provided in this Agreement,
all notices, demands, requests, consents, approvals, certificates or other communications
required under this Agreement to be in writing shall be sufficiently given and shall be
deemed to have been properly given three Business Days after the same is mailed by
certified mail, postage prepaid, return receipt requested, addressed to the person to whom
any such notice, demand, request, approval, certificate or other communication is to be
given, at the ad.dress 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:
Margaret B. Venable
937 Winwood Drive
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Registrar:
Virginia Beach, Virginia 23451
First Union National Bank of Virginia
Corporate Trust Department
2nd Floor
901 East Cary Street
Richmond, Virginia 23219
Any of the foregoing may, by notice given hereunder to each of the others, designate any
further or different addresses to which subsequent notices, demands, requests, consents,
approvals, certificates or other communications shall be sent hereunder.
SECTION 7.10 Holidays. If the date for making any payment or the last
date for performance of any act or the exercising of any right, as provided in this
Agreement, shall not be a Business Day, such payment may, unless otherwise provided
in this Agreement, be made or act performed or right exercised on the next succeeding
Business Day with the same force and effect as if done on the nominal date provided in
this Agreement, and in the case of payment no interest shall accrue for the period after
such nominal date.
WITNESS the signatures and seals of the parties hereto as of the date first above
written.
[CITY'S SEAL]
CITY OF VIRGINIA BEACH, VIRGINIA
ATTEST: By:
James K. Spore, City Manager
City Clerk
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Approved as to Legal
Sufficiency:
Approved as to Sufficiency of
Funds:
Deputy City Attorney
Finance
Director, Department of
COMMONWEALTH OF VIRGINIA
AT LARGE, to-wit:
The foregoing instrument was acknowledged before me in the City of Virginia
Beach, Virginia, this~ day of , 19~, by James K. Spore,
City Manager of the City of Virginia Beach, Virginia, and attested to by
, City Clerk of the City of Virginia Beach, Virginia, on
its behalf.
(SEAL)
My Commission Expires:
Notary Public
COMMONWEALTH OF VIRGINIA
AT LARGE, to-wit:
The · foregoing instrument
,19 , by
was acknowledged before
, Virginia, this
me in the City of
day of
Notary Public
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EXHIBIT A
FORM OF DEED OF EASEMENT
[SEE ATTAC~I~]
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E~IT B
DESCRIPTION OF LAND
[SEE ATTACtlF~D]
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EXHIBIT C
PER~D ENCLFMBRANCES
[SEE ATTACHi~I)]
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ASSIGNMENT
EXFnRIT D
FOR VALUE RECEIVED,
and
([collectively,] the "Registered Owner") hereby sell[s], assign[s] and transfer[s] unto
, without recourse, all of the Registered Owner's
right, rifle 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
guaranteed by a member firm
of the New York Stock
Exchange or a commercial
bank or trust company.
NOTICE: The signature on this
Assignment must correspond with
the name of the Registered Owner
as it appears on the registration
books for the Installment Purchase
Agreement referred to herein in every
particular, without alteration or
enlargement or any change whatever.
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AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
AGRICULTURAL LAND PRESERVATION EASEMENT AND THE
ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN
THE MAXIMUM PRINCIPAL AMOUNT OF $30,898
WHEREAS, pursuant to the Agricultural Lands Preservation
Ordinance (the "Ordinance"), Appendix J of the Code of the City of
Virginia Beach, there has been presented to the City Council for
approval an Installment Purchase Agreement for the acquisition of
the Development Rights (as defined in the Installment Purchase
Agreement, a true copy of which is hereto affixed) on certain
property located in the City and more fully described in Exhibit B
of the Installment Purchase Agreement for a purchase price of
$30,898; and
WHEREAS, the aforesaid Development Rights shall be acquired
through the acquisition of a perpetual agricultural land
preservation easement, as defined in, and in compliance with, the
requirements of the Ordinance; and
WHEREAS, the City Council has reviewed the proposed terms and
conditions of the purchase as evidenced by the Installment Purchase
Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. The City Council hereby determines and finds that the
proposed terms and conditions of the purchase of the Development
Rights pursuant to the Installment Purchase Agreement, including
the purchase price and manner of payment, are fair and reasonable
and in furtherance of the purposes of the Ordinance, and the City
Manager is hereby authorized to approve, upon or before the
execution and delivery of the Installment Purchase Agreement, the
rate of interest to accrue on the unpaid principal balance of the
purchase price set forth hereinabove as the greater of 5.75% per
annum or the per annum rate which is equal to the yield on United
States Treasury STRIPS purchased by the City to fund such unpaid
principal balance; provided, however, that such rate of interest
shall not exceed 7.5% unless the approval of the City Council by
resolution duly adopted is first obtained.
2. The City Council hereby further determines that funding
is available for the acquisition of the Development Rights pursuant
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to the Installment Purchase Agreement on the terms and conditions
set forth therein.
3. The City Council hereby expressly approves the
Installment Purchase Agreement in the form and substance presented
at this meeting and, subject to the determination of the City
Attorney that there are no defects in title to the property or
other restrictions or encumbrances thereon which may, in the
opinion of the City Attorney, adversely affect the City's
interests, authorizes the City Manager to execute and deliver the
Installment Purchase Agreement in substantially the same form and
substance as presented at this meeting with such minor
modifications, insertions, completions or omissions which do not
materially alter the purchase price or manner of payment, as the
City Manager shall approve. The City Council further directs the
City Clerk to affix the seal of the City to, and attest same on,
the Installment Purchase Agreement. The City Council expressly
authorizes the incurrence of the indebtedness represented by the
issuance and delivery of the Installment Purchase Agreement.
4. The City Council hereby elects to issue the indebtedness
under the Charter of the City rather than pursuant to the Public
Finance Act of 1991 and hereby constitutes the indebtedness a
contractual obligation bearing the full faith and credit of the
City.
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74
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 29 day of Aprxl , 19 97.
Adoption requires an affirmative vote of a majority of all
members of the City Council.
CA-97-6622
Wmm \ ordres \ venab ltr. orn
April 21, 1997
R-1
APPROVED AS TO CONTENT:
~(griculture Department
L~w~ Department
75
76
77
O~r~ector- of-Finance
VENABLE REAL F~TATE LIMITED PARTNERSHIP
the "Seller"
and
CITY OF VIRGINIA BEACH, VIRGINIA
the "City"
INSTALLMENT PURCHASE AGRF_.F.,MENT
(Agreement No. 1997-7B)
TABLE OF CONTENTS
(This Table of Contents is not part of the Installment Purchase Agreement and is only for
convenience of reference)
Section
RECITALS ........................................... 1
AGREEMENTS ........................................ 1
ARTICLE 1
DEFINITIONS
SECTION 1.1
SECTION 1.2
Definitions ............................... 1
Rules of Construction ........................ 3
ARTICLE 2
SALE AND PURCHASE OF DEVELOPMENT RIGHTS
SECTION 2.1
SECTION 2.2
Agreement to Sell and Purchase Development Rights .... 4
Delivery of Deed of Easement .................. 4
ARTICLE 3
PAYMENT OF PURCHASE PRICE
SECTION 3.1
SECTION 3.2
SECTION 3.3
Payment of Purchase Price ..................... 4
Registration and Transfer of this Agreement ......... 5
Mutilated, Lost, Stolen or Destroyed Agreement ........ 6
ARTICLE 4
REPRESENTATIONS AND WARRANTIES
SECTION 4.1
SECTION 4.2
Representations and Warranties of the City .......... 7
Representations and Warranties of the Seller ......... 7
Section
ARTICLE 5
PROVISIONS RELATING TO EXCLUSION
OF INTEREST FROM INCOME FOR FEDERAL INCOME TAXATION
SECTION 5.1 Intent of City and Tax Covenant of City ............. 8
SECTION 5.2 Acknowledgment of Seller with Regard to Tax
Consequences of Transaction ............................ 9
ARTICLE 6
THE REGISTRAR
SECTION 6.1
SECTION 6.2
SECTION 6.3
SECTION 6.4
SECTION 6.5
Appointment of Registrar ..................... 9
Ownership of Agreement ..................... 9
Removal of Registrar and Appointment of
Successor Registrar ......................... 9
Qualifications of Successor Registrar ............... 9
Successor by Merger or Consolidation ............. 10
ARTICLE 7
MISCELLANEOUS
SECTION 7.1
SECTION 7.2
SECTION 7.3
SECTION 7.4
SECTION 7.5
SECTION 7.6
SECTION 7.7 ~
SECTION 7.8
SECTION 7.9
SECTION 7.10
Successors of City ......................... 10
Parties in Interest .......................... 10
Binding Effect ............................ 10
Severability ............................. 10
Prior Agreements Cancelled; No Merger ........... 11
Amendments, Changes and Modifications ........... 11
No Personal Liability of City Officials ............. 11
Governing Law ........................... 11
Notices ................................ 11
Holidays ............................... 12
Signatures and Seals ..................................... 12
EXHIBIT A -
EXHIBIT B -
EXHIBIT C -
EXI41RIT D -
F_XHIBIT E -
Form of Deed of Easement
Description of Land
Permitted Encumbrances
Form of Assignment
Transfer of Agreement - Schedule of Transferees
INSTALLMENT PURCHASE AGREEMENT
(Agreement No. 1997-7B)
THIS INSTALLM'N. NT PURCHASE AGREEMENT (this 'Agreement") is made
as of the day of , 1997 between the VENABLE REAL ESTATE
LIMrrNY~ PARTNERSHIP (the "Seller") and CITY OF VIRGINIA BEACH,
VIRGINIA, a body politic and corporate of the Commonwealth of Virginia (the "City").
R~CITALS
A. Pursuant to the authority granted by the Open-Space I. and Act, ~Chapter 17,
Title 10.1 of the Code of Virginia of 1950, aa 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. Thc 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
consideratioi~, 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 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 Eltsement shall be substantially in the form attached hereto as Exhibit A
and made a part hereof.
''Development Rights" mean the rights of the Seller in the Land to develop the
Land for any use other than an Agricultural Use. Development Rights shall include, but
not be limited to, the right to develop the Land for any commercial, industrial or
residential use except as expressly permitted by the Ordinance.
"Enabling Legislation" means, collectively, (1) the Open Space Land Act,
Chapter 17 of Title 10.1 of the Code of Virginia of 1950, as amended, and (2) the
"Estate Settlement Transfer~ means the transfer by the legal representative of the
estate of a deceased Seller of such Seller's rights in and to this Agreement in connection
with the distribution of the deceased Seller's estate or other settlement of such decedent
Seller's estate.
"Interest Payment Date" means June 1 and December 1 in each year, commencing
, 199 .
"Land" means the tract or tracts of land located in Virginia Beach, Virginia,
containing approximately acres, and more particularly described in
Exhibit B attached hereto and made a part hereof.
"Ordinance" means the Agricultural I_ands Preservation Ordinance ~dopted 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 $30,898, the purchase price to be paid by the City to the
Registered Owner in accordance with this Agreement.
"Record Date" means the fitk~th (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
hereaflea' appointed by the City to act as Registrar and paying agent for this Agreement.
"Seller" means The Venable Real Estate Limited Partnership
"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 A~reement to Sell and Purchase Dovelooment Rights. The
Seller agrees to sell the Development Rights in the Land to the City and the City agrees
to purchase the Development Rights in the Land from the Seller on the date hereof for
the Purchase Price.
SECTION 2.2 Delivery of Deed of Easement. In order to evidence the
sale of the Development Rights to the City, the Seller shall execute and deliver to the
City on the date hereof the Deed of Easement in the form attached hereto as Exhibit A
and made a part hereof. The Deed of Easement shall be recorded in the Clerk's Office
of the Circuit Court of the City.
ARTICLE 3
SECTION 3.1
PAYMENT OF PURCHASE PRICE
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 $30,898.
Co) Interest on the unpaid principal balance of the Purchase Price shall
accrue from the date of recordation of the Deed of Easement and shall be payable to the
Registered Owner on , 199_, and semiannually thereafter on June 1 and
December 1 in each year to and including ,202_, at the rate of % per
annum. Interest shall be calculated on the basis of a 360-day year of twelve 30-day
months.
(c) Both the single installment of principal of the Purchase Price and
the interest on the unpaid balance thereof are payable in lawful money of the United
States of America at the time of payment.
(d) Payment of interest on the unpaid balance of the Purchase Price
shall be made by the City on each Interest Payment Date to the Registrar. The Registrar
shall forward all such interest payments by check or draft mailed to the person(s)
appearing on the registration books of the City maintained by the Registrar as the
Registered Owner on the Record Date, at the address of such Registered:Owner as it
appears on such registration books. The single installment of principal of the Purchase
Price shall be paid on the principal payment date set forth in Subsection (a) above by the
Registrar to the Registered Owner as of the Record Date upon presentation and surrender
of this Agreement at the office of the Registrar.
(e) The City's obligation to pay the Purchase Price hereunder and to
pay interest on the unpaid balance of the Purchase Price is a general obligation of the
City, and the full faith and credit and the unlimited taxing power of the City are
irrevocably pledged to the punctual payment of the Purchase Price and the interest on the
unpaid principal balance of the Purchase Price as and when the same respectively become
due and payable.
SECTION 3.2
Reeistration and Transfer of this Aereement.
(a) Until the Purchase Price and all interest thereon have been paid in
full, the City shall maintain and keep at the offices of the Registrar, registration books
for the registration and transfer of this Agreement; and upon presentation of this
Agreement for such purpose at the offices of the Registrar, the Registrar shall register
or cause to be registered on such registration books, and permit to be transferred thereon,
under such reasonable regulations as the City or the Registrar may prescribe, the
ownership of th~ 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.
Co) 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. The Registrar shall be instructed
not to make any such transfers (other than an Estate Settlement Transfer) on its
registration books kept for the purpose of registering the transfer of this Agreement prior
to the expiration of said one (1) year period.
(c) The Seller is the original Registered Owner. This Agreement shall
be transferable only upon the books of the City maintained for such purpose by the
Registrar, at the written request of the Registered Owner as then shown on such
registration books or his attorney duly authorized in writing, upon presentation and
surrender of this Agreement, together with a written instrument of transfer substantially
in the form attached hereto as Exhibit D, or as may otherwise be satisfactory to and
approved by the Registrar in writing, duly executed by the Registered Owner or his
attorney duly authorized in writing. Upon the surrender for transfer of this Agreement,
the Registrar shall complete the Schedule of Transferees attached hereto as Exhibit E
with the name, address and tax identification number of the transferee Registered Owner,
and the date of the transfer; provided, however, that if there is any conflict between the
information set forth in Exhibit E hereto and the registration books maintained by the
Registrar, the information shown on such registration books shall control. ~.~
The City and the Registrar may deem and treat the person in whose name this
Agreement is registered upon the books of the City maintained by the Registrar as the
absolute owner of this Agreement, whether any payments hereunder shall be overdue or
not, for the purpose of receiving payment of, or on account of, the Purchase Price and
interest thereon and for all other purposes, and all such payments so made to any such
Registered Owner or upon his order shall be valid and effectual to satisfy and discharge
the liability upon this Agreement to the extent of the sum or sums so paid, and neither
the City nor the Registrar shall be affected by any notice to the contrary.
For every registration of transfer of this Agreement, the City or the Registrar may
make a charge sufficient to reimburse themselves for any tax or other governmental
charge required to be paid with respect to such exchange or transfer, which sum or sums
shall be paid by the person requesting such transfer as a condition precedent to the
exercise of the privilege of registering such transfer.
SECTION 3.3 Mutilated. Lost. Stolen or Destroyed A~reement. In the
event that this Agreement is mutilated, lost, stolen or destroyed, the City and the
Registered Owner (as then shown on the registration books maintained by the Registrar)
shall execute a~d 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
furnished to the City and the Registrar evidence of such loss, theft or destruction
satisfactory to the City and the Registrar, together with indemnity satisfactory to each of
them in their sole discretion. The City and the Registrar may charge the Registered
Owner requesting such new Agreement their expenses and reasonable fees, if any, in this
connection. If after the delivery of such substitute Agreement, a bona fide purchaser of
the original Agreement (in lieu of which such substitute Agreement was issued) presents
for payment such original Agreement, the City and the Registrar shall be entitled to
recover such substitute Agreement from the person to whom it was delivered or any
other person who receives delivery thereof, except a bona fide purchaser, and shall be
entitled to recover upon the security or indemnity provided therefor or otherwise to the
extent of any loss, damage, cost or expense incurred by the City and the Registrar in
connection therewith.
ARTICLE 4
REPRESENTATIONS AND WARRANTIES
SECTION 4.1 Rep_ resenhations 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.
Co) The City has the neces~ 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 procee~gs 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 Revresentations and Warranties of the Seller.
--
makes the following representations and warranties:
The Seller
- (a) The Seller has full power and authority to execute and deliver this
Agreement and the Deed of Easement, and to incur and l:~rform 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) TheTaxpayer Identification Number of the Seller is
The representations in subsections (f) and (g) above are made under penalties of perjury
and the information contained therein may be disclosed by the City to the Internal
Revenue Service. The Seller acknowledges that any false statement in such subsections
could be punished by fine, imprisonment or both.
ARTICLE 5
PROVISIONS RELATING TO EXCLUSION
OF INTERF. ST FROM INCOME FOR FEDERAL INCOME TAXATION
SECTION 5.1 Intent of Ci[y and Tax Covenant of Ci _ry. The City intends
that the interest payable under this Agreement shall not be includable in the gross income
of the Registered Owner for purposes of federal income taxation pursuant to Section 103
of the Code. Accordingly, the City shall not knowingly take or permit to be taken any
other action or actions or omit or fail to take any action, which would cause this
Agreement to be an "arbitrage bond" within the meaning of Section 148 of the Code, or
which would otherwise cause interest payable under this Agreement to become includable
in the gross income of any Registered Owner for purposes of federal income taxation.
SECTION 5.2 Acknowledgment of Seller with Regard to Tax
Consequences of Transaction. The Seller has received an opinion from Kaufman &
Canoles, P.C., Bond Counsel, dated the date hereof, to the effect that under existing
laws, regulations, rulings and decisions, interest payable under this Agreement is not
includable in the gross income of the Seller for federal income tax purposes, which
opinion assumes continuous compliance with certain covenants in the Tax Certificate and
Compliance Agreement to be executed and delivered by the City on the date of delivery
of this Agreement and is otherwise limited in accordance with its terms. The Seller
acknowledges that Seller has made Seller's own independent investigation and has
consulted with such attorneys, accountants and others as the Seller shall have selected in
the Seller's sole discretion to advise the Seller with respect to all other tax considerations
related to the transaction contemplated hereby (including, but not limited to, installment
sales treatment under Section 453 of the Code, charitable contribution deductions under
Section 170 of the Code, and federal estate tax implications); and the Seller certifies that
the Seller has not looked to or relied upon the City or any of its officials, agents or
employees, or to Bond Counsel, with respect to any of such matters.
ARTICLE 6
THE REGISTRAR
SECTION 6.1 Aooointment of Registrar. First Union National Bank of
---- --
Virginia is hereby designated and appointed to act as Registrar for this Agreement.
SECTION 6.2 Ownership of Agreement. The Registrar, in its individual
capacity or as trustee for holders of participation interests in this Agreement, may in
good faith buy, sell, own and hold this Agreement, and may join in any action which any
Registered owner may be entitled to take with like effect as if it did not act as Registrar
hereunder. The Registrar, in its individual capacity, either as principal or agent, may
also engage, or have an interest, in any financial or other transaction with the City, and
may 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 Ap_ookl~ment 9f Successor
gtgilt~. The City shall have the fight, 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 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 Su~.essor 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 sung 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 Cit_v. In the event of the dissolution of the
City, all the covenants, stipulations, promises and agreements in this Agreement
contained, by or on behalf of, or for the benefit of, the City, the Seller, any other
Registered Owner and the Registrar, shall bind or inure to the benefit of the successors
of the City from time to time and any entity, officer, board, commission, agency or
instrumentality to whom or to which any power or duty of the City shall be transferred.
SECTION 7.2 Parties in Interest. Except as herein otherwise specifically
provided, nothing in this Agreement expressed or implied is intended or shall be
construed to confer upon any person, firm or corporation, other than the City, the Seller,
any other Registered Owner and the Registrar, any right, remedy or claim under or by
reason of this Agreement, this Agreement being intended to be for the sole and exclusive
benefit of the City, the Seller, any other Registered Owner from time to time of this
Agreement and the Registrar.
SECTION 7.3 Binding Effect. This Agreement shall be binding upon and
inure to the ben~fit 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 ~:~il~. 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.
10
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 cbunterpart of
any such amendment shall be attached to this Agreement and shall be binding upon such
Registered Owner and all successor Registered Owners.
SECTION 7.7 No Personal Liability of City Officials. No covenant or
-
agreement contained in this Agreement shall be deemed to be the covenant or agreement
of any official, officer, agent or employee of the City in his or her individual capacity,
and neither the officers or employees of the City nor any official executing this
Agreement shall be liable personally on this Agreement or be subject to any personal
liability or accountability by reason of the issuance thereof.
SECTION 7.8 Governing Law. The laws of the State shall govern the
construction and enforcement of this Agreement.
SECTION 7.9 Notices. Except as otherwise provided in this Agreement,
all notices, demands, requests, consents, approvals, certificates or other communications
required under this Agreement to be in writing shall be sufficiently given and shall be
deemed to have been properly given three Business Days after the same is mailed by
certified mail, postage prepaid, return receipt requested, addressed to the person to whom
any such notice, demand, request, approval, certificate or other communication is to be
given, at the address for such person designated below:
City:.
City Manager
Municipal Center
Virginia Beach, VA 23456
with a copy to:
City Attorney
Municipal Center
Virginia Beach, VA 23456
Seller:
The Venable Real Estate Limited Partnership
c/o Margaret B. Venable
11
Registrar:
93? Winwood Drive
Virginia Beach, Virginia 23451
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.
WI'IlqF_~S the signatures and seals of the parties hereto as of the date first above
written.
[CITY'S SEAL]
CITY OF VIRGINIA BEACH, VIRGINIA
ATTEST: By:
James K. Spore, City Manager
City ~21erk
12
~ELLER:
Venable Real Estate Limited Parnership
by .(SEAL)
Approved as to Legal
Sufficiency:
Funds:
Approved as to Sufficiency of
Deputy City Attorney Director, Department of
Finance
COMMONWEALTH OF VIRGINIA
AT LARGE, to-wit:
The foregoing instrument was acknowledged before me in the City of Virginia
Beach, Virginia, this~ day of , 19 .. , by James K. Spore,
City Manager of the City of Virginia Beach, Virginia, and attested to by
, City Clerk of the City of Virginia Beach, Virginia, on
its behalf.
(SE~L)
My Commission Expires:
Notary Public
13
COMMONWEALTH OF VIRGINIA
AT LARGE, to-wit:
The
foregoing instrument was acknowledged before me in the City
, Virginia, this day
, 19 , by ,
of the Venable Real Estate Limited Parmership.
of
of
(SEAL)
My Commission Expires:
Notary Public
14
EXHIBIT A
FORM OF DEED OF EASEMENT
[SEE ATTACI-IF~I~]
15
E~=HBIT B
DESCRIPTION OF LAND
[SEE ATTACHF~D]
16
EXHIBIT C
PE~D ENCUMBRANC~
[SEE ATTACHF~I~]
17
ASSIGNMENT
EXHIRIT D
FOR VALUE RECEIVED, and
([collectively,] the "Registered Owner") hereby sell[si, assign[s] and transfer[s] unto
, without recourse, all of the Registered Owner's
right, title and interest in and to the Installment Purchase Agreement to which this
Assignment is attached; and the Registered Owner hereby irrevocably directs the
Registrar (as defined in such Agreemen0 to transfer such Agreement on the books kept
for registration thereoL The Registered Owner hereby represents, warrants and certifies
that there have been no amendments to such Agreement [except
1.
Date:
Signature guaranteed:
NOTICE: S. ignature must be
guaranteed by a member firm
of the New York Stock
Exchange or a commercial
bank or trust company.
NOTICE: The signature on this
Assignment must correspond with
:he name of the Registered Owner
as it appears on hie registration
books for the Installment Purchase
Agreement referred to herein in every
particular, without alteration or
enlargement or any change whatever.
18
EXHIBIT E
TRANSFER OF AGREE_ME~ - SCHEDULE OF TRANSFEREF~
The transfer of this Installment Purchase Agreement may be registered only by
the Registered Owner under such Agreement in person or by its duly authorized officer
or attorney upon presentation hereof to the Registrar, who shall make note thereof in the
books kept for such purpose and in the registration blank below.
Date of
Registration of
Transfer
Name and
Address of
Transferee
Registered Seller
Tax I.D. No.
of Transferee
Signature of Registrar
,
e
,
4~
e
6~
19
- 23 -
Item VI-I.2.
ORDINANCES
ITEM # 42038
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to AMEND and REORDAINSection 16-35 of the Code of the
City of Virginia Beach re repair of unsafe buildings and other
structures.
Vottng:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf
Nancy K. Parker, Vice Mayor William D Sessoms, Jr. and Louisa M
Strayhorn
Council Members Voting Nay:
None
Councd Members Absent:
William W. Harrison, Jr.
April 29, 1997
10
AN ORDINANCE TO AMEND AND REORDAIN
THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, PERTAINING TO THE
REPAIR OF UNSAFE BUILDINGSAND OTHER
STRUCTURES
SECTION AMENDED: 16-35
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 16-35 of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained to read as follows:
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35
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Sec. 16-35. Regulated.
(a) This section is adopted pursuant to the powers vested in
the City of Virginia Beach by section 15.1-11.2 of the Code of
Virginia, as amended.
(b) Upon determination by the code administrator that any
building, wall or any other structure, or portion thereof, might
endanger the public health or safety of other residents of the
city, such building, wall or structure shall be declared unsafe.
(c) (1) Except as set forth in volume II of the Virginia
Uniform Statewide Building Code, notice that a
building, wall or structure has been declared
unsafe shall be sent by registered or certified
mail, return receipt requested, to the last-known
address of the owner and published in a newspaper
having general circulation in the city, once a week
for two (2) successive weeks; provided, however,
that the second publication shall not be sooner
than one (1) calendar week after the first
publication. In addition thereto, notice shall be
mailed to all holders of current mortgages or deeds
of trust upon the property as shown by the records
of the clerk of the circuit court.
(2) Such notice shall state with reasonable
particularity the defects or other conditions of
the building, wall or structure which render it
unsafe, and shall specify the period of time within
which repairs or corrections shall be made or the
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building, wall or structure, or a portion or
portions thereof, demolished and removed. Such
period of time shall not be less than is reasonably
required by the exercise of due diligence for the
required repairs or corrections to be made, or for
the building, wall or structure, or portion or
portions thereof, to be demolished and removed.
(d) In the event the owner of a building, wall or structure
who has been served with the notice provided for in subsection (c)
hereof shall fail to comply with the terms of such notice within
the time specified therein, the code administrator, through his own
agents or employees shall be authorized to order the building, wall
or structure, or portion thereof, to be r~paired, or to be
demolished and the debris removed, at the cost of the owner. Such
cost shall include an administrative fee in the amount of one
hundred dollars ($100.00). For the purposes of this section, repair
may include maintenance work to the exterior of a buildina to
-- --
prevent deterioration of the building or adjacen~ buildings. No
building, wall or structure, or portion thereof, shall be ~
or demolished by order of the code administrator for at least
thirty (30) days following the later of the return of the receipt
or newspaper publication as provided for in subsection (c) hereof.
(e) Any person who shall fail to comply with a notice
provided for in subsection (c) hereof, shall be guilty of a
misdemeanor punishable in accordance with the provisions of section
16-11 thereof. Any violation of the provisions of this section may
also be enjoined by the circuit court at the suit of the code
administrator.
(f) All costs and expenses incurred by the city for repairing
or demolishing a building, wall or structure pursuant to the
provisions of this section shall be chargeable to and paid by the
owner of property and may be collected as real estate taxes and
levies are collected. Any such charges which remain unpaid shall
constitute a lien against such property ranking on a parity with
liens for unpaid local taxes and enforceable in the same manner as
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80
provided in sections 58.1-3940 et seq., and 58.1-3965 et seq. of
the Code of Virginia, 1950, as amended.
(g) For purposes of this section, the term "code administrator"
shall mean the code enforcement administrator of the department of
housing and neighborhood preservation and his respective assistants
and deputies.
Adopted by the City Council of the City of Virginia Beach on
this 29 day of April 1997.
81
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84
CA-6611
DATA/ORDIN/PROPOSED/16-35. ORD
APRIL 7, 1997
Ri
- 24 -
Item VI-I.3.
ORDINANCES
ITEM # 42039
Upon motton by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to APPROPRIATE $444,900 (Funding: $392,650 Medicaid;
$11,250 Federal Grant; $1,500 State Grant; and, $39,500 interest) to the
Mental Health, Mental Retardation and Substance Abuse (MHMRSA) FY
1996-1997 Operating Budget re expansion of services, costs associated
with the Community Services Board (CSB) Complex and the purchase
of five (5) replacement vehicles; and, increase estimated revenues
accordingly.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf
Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Loutsa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
William W. Harrison, Jr.
April 29, 1997
AN ORDINANCE TO APPROPRIATE AN ADDITIONAL $392,650 IN
MEDICAID FUNDING, $11,250 IN FEDERAL GRANT FUNDING, $1,500 IN
STATE GRANT FUNDING, AND $39,500 IN INTEREST, FOR A TOTAL OF
$444,900, TO THE FY 1996-97 MENTAL HEALTH, MENTAL
RETARDATION, AND SUBSTANCE ABUSE OPERATING BUDGET FOR
THE EXPANSION OF SERVICES, COSTS ASSOCIATED WITH THE CSB
COMPLEX, AND THE PURCHASE OF FIVE REPLACEMENT VEHICLES.
WHEREAS, the Community Services Board and the Department of Mental Health,
10 Mental Retardation, and Substance Abuse (MHMRSA) arc responsible for the coordination and
11 implementation of mental health, mental retardation, and substance abuse services;
12
the Department projects an increase of $392,650 in Medicaid revenue as
13 a result of growth in service delivery due to State initiatives for Medicaid State Plan Option
14 service expansion opportunities and duc to the restructuring of the funding sources for thc
15 Purchase of Service contracts;
16
WHEREAS, the Department projects an additional $39,500 in interest revenue over
17 estimated interest revenue,
18
WHEREAS, the Department's Substance Abuse Division has received a Federal grant
19 of $11,250 to provide crisis care to twenty children and their families, and the Department's
20 Mental Retardation Division has received a State grant of $1,500 to provide neonatal nursing
21 training in area hospitals for proper methods of transporting newborns home;
22
WHEREAS, thc Department requests that the additional Medicaid and interest revenue
23 be used to offset the additional costs for the CSB complex (such as appraisals, land survey, and
24 title searches), the additional costs associated with expansion of Medicaid eligible services, and
25 the cost of replacing five vans;
26
WHEREAS, no additional City funds are required as a match for any of this additional
27 funding; and
28
WHEREAS, the ~ent will require no additional full-time positions to implement
29 the expansion of services.
3O
NOW THEREFORE BE IT ORDAINED BY TIlE COUNCIL OF TIlE CITY OF
31 VIRGINIA BEACH, VIRGINIA:
32
33
34
That $392,650 in additional Medicaid funding, $11,250 in Federal grant funding, $1,500
in State grant funding, and $39,500 in interest on thc CSB's fund balance be appropriated to the
FY 1996-97 Operating Budget of the Department of Mental Health, Mental Retardation, and
35 Substance Abuse to support the expansion of Medicaid services, to provide crisis care to twenty
36 children and their families, to provide neonatal nursing training in the area hospitals for proper
37 methods for transporting newborns home, to support increased costs associated with the CSB
38 Complex, and to purchase five replacement vans.
39
BE IT FURTHER ORDAINED:
40
That estimated revevenue from Medicaid, Federal grant funding, State grant
41 funding, and interest on the CSB fund balance be increased by $392,650, $11,250, $1,500, and
42 $39,500 respectively.
43 Adopted by the City Council of the City of Virginia Beach, Virginia, on the
29th , day of ^prxl , 1997.
44
45
This ordinance shall be effective from the date of its adoption.
Approved as to Content
Department of Management Services
Approved as to
- 25 -
Item FI-I. 4.
ORDINANCES
ITEM # 42040
Upon motion by Vice Mayor Sessoms, seconded by Counctl Lady Strayhorn, City Council ADOPTED:
Ordinance to APPROPRIATE $34,068 in additional estimated revenue
from Section 8 Administrative Fees to the Department of Housing and
Neighborhood Preservation FY 1996-1997 Operating Budget re
automation equipment and expenses; and, increase esttmated revenues
accordingly.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, HaroM Heischober, Barbara M
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf
Nancy K. Parker, Vtce Mayor Wdham D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
William W. Harrison, Jr.
April 29, 1997
AN ORDINANCE TO APPROPRIATE $34,068 IN ADDITIONAL ESTIMATED
REVENUE FROM SECTION 8 ADMINISTRATIVE FEES TO THE FY 1996-97
DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION
OPERATING BUDGET
WHEREAS, the Virginia Beach Department of Housing and Neighborhood Preservation
6 Section 8 Division earns fees for administering Section 8 certificates and vouchers;
WHEREAS, the revenue is used to support the operation of the Section 8 Division as part
8 of its annual operating budget;
WHgREAS, it is projected that $172,578 in administrative fees, an increase of $34,068 over
10 the original FY 1996-97 estimate of $138,510, will be earned in FY 1996-97; and
11
WHEREAS, the Department requests that the additional $34,068 in projected revenue be
12 appropriated to offset the cost for additional automation equipment and expenses in FY 1996-97.
13
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15
That an additional $34,068 is Section 8 Administrative Fees be appropriated to the
16 Departmem of Housing and Neighborhood Preservation FY 1996-97 Operating Budget.
17
BE IT FURTHER ORDAINED:
18
That estimated revenue from Section 8 Administrative Fees be increased by $34,068.
This ordinance shall be effective from the date of its adoption.
Approved as to Content
Department of Management Services
APPROVED AS TO
ADOPTED: 29 April 1997
- 26 -
Item VI-I. 5.
ORDINANCES
ITEM # 42002
ITEM # 42041
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Counctl ADOPTED:
Ordinance to APPROPRIATE $8,500 of the Fund Balance in the
Forfeited Asset Sharing Special Revenue Fund to the FY 1996-1997
Operating Budget of the Commonwealth's Attorney re purchase of a
multi-media projection system.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Ltnwood O. Branch, III, Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba $. McClanan, Mayor Meyera E Oberndorf,
Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and Louisa M.
Strayhorn
Council Members Voting Nay'
None
Council Members Absent:
Wilham W.. Harrison, Jr.
April 29, 1997
AN ORDINANCE TO APPROPRIATE $8,500 OF FUND BALANCE
IN THE FORFEITED ASSET SHARING SPECIAL REVENUE
FUND TO THE FY 1996-97 OPERATING BUDGET OF THE
OFFICE OF THE COMMONWEALTH'S ATTORNEY
WHEREAS, the Office of the Commonwealth's Attorney shares drug forfeiture money w~th
local and federal law enforcement agencies,
WHEREAS, drug forfeiture funds, once appropriated, may be used for equipment to enhance
the law enforcement capabd~ty of the Commonwealth's Attorney Office, and
9
10
WHEREAS, sufficient funds are available to be appropriated from the fund balance of the
Forfeited Asset Shanng Special Revenue Fund,
11
12
13
14
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that $8,500 be appropriated from fund balance of the Forfeited Asset Shanng
Special Revenue Fund to the FY 1996-97 Operabng Budget of the Office of the Commonwealth's
Attorney for equipment to enhance the Office's law enforcement capabd~ty
15
Th~s ordinance shall be effective on the date of ~ts adopbon
16
17
Adopted by the Councd of the C~ty of V~rginia Beach, V~rg~ma, on the 29th
Aprz 1 , 1997
of
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2O
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22
Walte~ C Kraem~
Resource and Management Services Adm~mstrator
Department of Management Services
APPROVED AS TO
LEGAL SUFFIGIENCY
- 27-
Item l/I-I. 6.
ORDINANCES
ITEM # 42042
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, Ctty Council ADOPTED:
Ordinance to TRANSFER approprtations of $290,121 from the General
Fund Reserve for Contingencies to the Virginia Beach Court Service Unit
re Detention and Group Home Services.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John .4 Baum, Linwood O. Branch, III, Harold Heischober, Barbara M
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf,
Nancy K Parker, Vice Mayor William D. Sessoms, Jr and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
William W. Harrison, Jr.
April 29, 1997
AN ORDINANCE TO TRANSFER APPROPRIATIONS OF $290,121
FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE
VIRGINIA BEACH COURT SERVICE UNIT FOR DETENTION AND GROUP HOME SERVICES
WHERF~S, the V~rguma Beach Court Servl~ Umt has the respons~bxhty of prowdmg both secure and non-secure
detention servmes Commumty Group Home placements ordered by the Vlrgnua Beach Juvemle and Domestic Relations
District Court (Court),
WHEREAS, the Court may order a child placed into any of these facilities with the cost of these placements to be
borne by the locality,
10
12
WHEREAS, the costs for these services have been nsmg since 1988 because of increased usage m the form of
adrmsmons and length of stay as a result of mcreasmgjuvemle crime, juvemle arrests, and the number ofjuvemles processed
through the V~rgtma Beach Court Service Umt's Intake w~th a large percentage having severe criminal and emotional
problems which threaten the commumty,
13
14
15
WHEREAS, the V~rgnua Beach Court Service Umt projects usage of secure detention for FY96-97 to increase
to approxzmately 183206 days averagtng 50 juvemles per day m secure detentton totaling $813,465 compared w~th FY96-97
budgeted amounts of 13,095 days and 36 children per day totaling $542,244,
16
17
18
WHEREAS, the Vn'glma Beach Court Semce Umt has appropriations m FY96-97 of $182,226 to place luvemles
m commumty group homes, and reqmres $18,900 m adchtlonal funding to supplant Comprehenmve Service Funds which
are not pernutted by the State for use for group home sermces,
19
20
WHEREAS, the Vtrgn~a Beach Court Service Umt has requested the City of Vtrgtma Beach to fund this
unanticipated increase m currently funded costs for juvemle detention and group home sermces
21
22
23
24
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that fimds m the amount of $290,121 be transferred fi.om the General Fund Reserve for Contmgenmes to the
Vn'gtma Beach Court Serwce Umt's FY96-97 Operating Budget to fund increased costs associated w~th juvemle detention
and group home sermces
25
26
27
Tins ordmance shall be effective fi.om the date of ~ts adopUon
Adopted by the Council of the City of Vlrguna Beach, Vtrgtma on the
Aprxl
,1997
Twenty~inth
day of
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29
30
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY AND FORM
CITY ATTORNEY
31 c \budgefi96-97Xjuvprob ord vol 57 February 1, 1997, Atml 18, 1997 rewscd sgh
- 28 -
Item l/I-l. ~.
ORDINANCES
ITEM # 42043
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to declare EXCESS approximately 16 acres of Ctty-owned
property on Bendix Road (between Bonney Road and Route 44, the
Virginia Beach Expressway); authorize the City Manager to execute an
agreement for conveyance to Lynnhaven Acquisition Corporation; and,
execute all documents necessary to effectuate the conveyance of the
property (KEMPSVILLE BOROUGH)
Voting:
10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf
Nancy K. Parker, Vice Mayor Wdham D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
William W. Harrison, Jr.
April 29, 1997
AN ORDINANCE AUTHORIZING THE SALE OF PROPERTY
CONTAINING APPROXIMATELY 16 ACRES LOCATED ON
BENDIX ROAD IN THE KEMPSVILLE BOROUGH TO
LYNNHAVEN ACQUISITION CORP., a Virginia
corporation
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
WHEREAS, the City of Virginia Beach is th~ owner of
9 approximately 16 acres of land (Land) located on Bendix Road
10 between Bonney Road and Route 44, the Virginia Beach Expressway;
11 and
12
WHEREAS, the Land is no longer needed for public purposes; and
13
WHEREAS, the Lynnhaven Acquisition Corp., a Virginia
14 corporation, has expressed an interest in purchasing said property;
15
WHEREAS, the City Council is of the opinion that the said Land
16 should be sold to the Lynnhaven Acquisition Corp., in conformity
17 with the terms of the Agreement attached hereto.
18
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
2O
1) That the Land is declared to be excess and no longer
21 needed for public purposes.
22
2) That the City Manager is hereby authorized to execute, on
23 behalf of the City of Virginia Beach, Virginia in form
24 substantially as attached hereto an agreement for the conveyance to
25 Lynnhaven Acquisition Corp., a Virginia corporation, of certain
26 land owned by the City of Virginia Beach, as described in the
27 agreement.
28
3) That the City Manager is further authorized to execute on
29 behalf of the City all documents which are necessary to effectuate
30 the conveyance of the Land.
31
This Ordinance shall be effective from the date of its
32 adoption.
36
Note: Pursuant to V.C.A. 15.1-307 a recorded affirmative vote of
three fourths of all the members elected to Council is required
37
38
4O
CA-6626
DATA/ORDIN/CA6626.0rd
DATE PREPARED '. 4 / 23 / 97
R1
APPROVED A~ TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
ADOPTED: April 29, 1997
PURCHASE AGREEMENT
THIS AGREEMENT OF SALE (the "Agreement") is made as of the 21st day of March.
1997, bx and between the CITY OF VIRGINIA BEACH, a political subdivision of the
Commonx~ealth of Virginia, (hereinafter referred to as "Seller") and LYNNHAVEN
ACQUISITION CORP., a Virginia corporation (hereinafter referred to as "Purchaser").
~VITNESSETH:
X~ HEREAS. Seller is the owner of a tract of land commonly known as One Bendix Road
located in the City of Virginia Beach. Virginia, and all rights and appurtenances pertaining
thereto I the "Bendix Property") which property is outlined in bold on the plat attached hereto as
Exhibit -k and incorporated herein by reference;
WHEREAS, subject to the terms and conditions of this Agreement, Purchaser desires to
buy a portion of the Bendix Property containing approximately twelve (12) acres (the "Land");
the approximate location of the Land is identified by cross-hatching on the plat attached hereto as
Exhibit -X. An exact metes and bounds description of the Land and the number of acres
contmned there~n shall be determined according to a sun'ev (the"
. Sun e,x ) prepared by
Purchaser and approved by Seller. The remainder of the Bendix Property is hereinafter referred
to as the 'Reserx ed Area." and is further described in Paragraph 12 below.
X~, HEREAS, Purchaser desires to buy and Seller is willing to sell the Land on the terms
and condittons hereinafter set forth:
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for
other good and x aluable consideration, the receipt and sufficiency of which are hereby
acknoxx ledge& Seller and Purchaser hereby agree as follows:
1 Purchase and Sale of Land On the terms and subject to the conditions of th~s
Agreement. Seller agrees to sell, and Purchaser agrees to purchase the Land
2. (a) purchase Price. The purchase price for the Land (the "Purchase Price")
shall be the greater of (i) Seven Hundred Sixty Thousand Dollars ($760.000.00) or (ii) an amount
equal to Ninety-Five Thousand Dollars (595.000.00) per usable acre (i.e.. excluding land
delineated for v~etlands protection and land v~hich is otherwise restricted from development, such
as by applicable government regulations or recorded easements) The Purchase Price shall be
paid in ~.ash. bx certified check or x~,ire transfer due and payable at Closing. herein defined.
Payment is to be made ~n lawful money of the United States of Arnenca.
1-74766 I- ~EB JEB
3~20'97
-1-
(b) D. gl2.O.~. Upon Purchaser's receipt of a fully executed original of this
Agreement from Seller, Purchaser shall pay to Seller a deposit of Ten Thousand Dollars
($10,000.00), in cash or by certified check or wire transfer as a deposit (the "Deposit") to be
applied to the Purchase Price at Closing or as otherwise specified in this Agreement..
3. (a) Delivery_ of Deed. Seller agrees to deliver to Purchaser at Closing a deed
of Special Warranty, conveying good, marketable, fee simple title to the Land by reference to a
properly recorded subdivision plat, free and clear of all liens, claims and encumbrances with the
exception of the Permitted Title Exceptions (as defined in Section 5(a) below).
(b) Delivery. of Declaration. Seller agrees to deliver to Purchaser at Closing
a Declaration of Easements, Covenants and Restrictions (the "Declaration") containing the
following terms:
(i) Seller agrees to provide, at Seller's expense, all utility facilities
(water, electric, gas and telephone) and sanitary sewer facilities to the property line of the
Land for utilization by the Purchaser without the requirement for easements over adjacent
property; the respective lines, treatment and/or services shall be of normal and customary size
and capacity to serve a 60,000 square foot office building and may be connected at the normal
customary rates for hook-up and/or discharge. In addition, Seller agrees to provide the
"outfall" for Purchaser's on-site stormwater management facility.
(ii) Seller shall, subject to sufficient funds being appropriated ia its
annual operating budgets, perpetually maintain the Reserved Area ia good condition, including
regular mowing of grass and removal of paper, debris, trash and leaves (collectively,
"Reserved Area Maintenance"). In the event that the Seller fails to perform the Reserved
Area Maintenance, Purchaser, at Purchaser's sole cost and expense and without entitlement to
reimbursement from Seller, shall have the right, but not the obligation, to enter and go upon
the Reserved Area and perform the Reserved Area Maintenance on Seller's behalf.
(iii) Seller shall perpetually preserve the Reserved Area as public
"open-space land" for (A) park or recreational purposes, subject to Purchaser's consent (B)
conservation of land or natural resources, (C) scenic purposes (D) wetlands and/or (E)
drainage purposes.
(iv) Purchaser shall grant Seller a 20 foot non-exclusive easement of
access, ingress and egress over the Land for purposes of maintaining the Reserved Area,
subject to Purchaser's right to relocate such easement from time to time in Purchaser's sole
discretion.
(v) Unless the Seller and Purchaser otherwise agree in writing, no
above-ground improvements, structures or paving shall be permitted in or upon the Reserved
1-74766 171]EB .ll~B
3/20197
-2-
Area, and the Reserved Area shall not be used for the temporary or permanent storage of any
materials (including refuse) or equipment.
The Declaration shall contain such other terms, conditions and provisions as may be
negotiated in good faith and mutually agreed upon by Seller and Purchaser during the Study
Period ~as defined below).
4. Inspection and Review. From the date (the "Effective Date") that the City
Counc:l adopts a resolution authorizing the City Manager of the City of Virginia Beach (the
"City Manager") to enter into and execute this Agreement on behalf of the Seller, Purchaser
shall have a period of one hundred and eighty (180) days (the "Study Period") in which to
inspect, study and test the Land and its suitability for Purchaser's investment and development
objectives and to prepare the Survey. During the Study Period, Purchaser shall have the
absolute rtght, which right may be exercised in its sole and absolute discretion, to terminate
this Agreement by giving the Seller written notice to that effect prior to the expiration of the
Study Period. and thereupon neither party shall have any further rights or liabilities hereunder
and the Deposit shall be immediately refunded to the Purchaser.
Purchaser and its agents, employees and contractors shall have reasonable access to the
Land during the Study Period to make such tests and studies as Purchaser in its discretion
deems appropriate m order to evaluate the Land and its suitability for Purchaser's investment
and development objectives, including Purchaser's preparation of the Survey. Purchaser
herebx agrees to restore the Land to its original condition after performing its studies.
Purchaser hereby indemmfies Seller and agrees to hold Seller harmless from any loss, liablhty,
damage, cost, expense, claims, judgments or attorneys' fees which may be caused by any
actions or procedures employed by Purchaser, its agents, employees and contractors in making
tests and studies of the Land.
5 Title.
~a} Title to the Land shall be good in Seller's name and marketable and insurable
by a standard ALTA owner's title insurance policy, at standard rates at the Purchaser's cost.
for the amount of the Purchase Price by Chicago Title Insurance Company. Ticor Title
Insurance Company, Lawyers Title Insurance Corporation or Old Republic National Title
Insurance Company, subject only to title exceptions (the "Permitted Title Exceptions") which
are approved by Purchaser, acting in its sole discretion.
~b} In the event that the Purchaser, because of a cloud on or a deficiency in title to
the Land. or because of t~tle exceptions other than the Permitted Title Exceptions, is not able
to obtain a standard owner's insurance policy in accordance with the provisions of Paragraph
(a) aboxe or attain its investment and development objectives, the Purchaser shall send written
1-74766 1' 'EB JEB
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notice to Seller stating such fact and specifying the unacceptable title exceptions (the 'Title
Objections") within ten (10) days after the expiration of the Study Period.
(c) Seller shall have fifteen (15) days after receipt of the report from Seller to notify
Purchaser of which Title Objections will be cured or removed by Seller and which Title
Objections must be approved by Purchaser as additional Permitted Title Exceptions. ff
Purchaser objects to Seller's expansion of the Permitted Title Exceptions, Purchaser shall have
the right to terminate this Agreement by giving written notice of termination to Seller, in
which event the Deposit made by the Purchaser shall be immediately refunded to the
Purchaser, and thereafter neither party hereto shall have any further rights against, or
obligations to, the other.
(d) If Seller fails to cure, remove or otherwise resolve the remaining Title
Objections within sixty (60) days after receipt of the report from the Purchaser, then the
Purchaser may either (i) cure such defects at the Seller's expense, or (ii) terminate this
Agreement by giving written notice of termination to Seller, in which event the Deposit made
by the Purchaser shall be immediately refunded to the Purchaser, and thereafter neither parry
hereto shall have any further rights against, or obligations to, the other. Nothing contained
herein shall absolve the Seller from the obligation to pay at or before the Closing any past due
or accrued real estate taxes constituting a lien upon the Land, or any other indebtedness
constituting a valid and enforceable lien thereon recorded in the chain of title.
6. Seller's Representaiions and Covenants. Seller makes the following
representations and covenants to Purchaser:
(a) Seller is the owner of legal and beneficial title to the Bendix Property, which
includes the Land and the Reserved Area.
(b) Seller has obtained the requisite approval of the City Council to sell the Land
and to enter into this Agreement, and the City Council has authorized the City Manager to
execute this Agreement on behalf of the Seller.
(c) There are no claims, actions, litigation or legal proceedings, actually pending or
threatened, and there are no outstanding judgments or rulings, by any organization, entity,
person, individual or governmental agency which would prohibit the sale of the Land or the
granting of the Declaration.
(d) The Bendix Property is not subject to any lease, license, purchase agreement or
option to purchase, and Seller agrees it shall not enter into any such agreement with respect to
the Bendix Property prior to the termination of this Agreement, without the Purchaser's prior
written consent.
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3~20~97
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(e) The Bendix Property, is currently zoned 0-2. Furthermore, to the extent permitted
by law. Seller agrees to cooperate with Purchaser in obtaining any necessary zoning and/or land
use approvals as may be required for Purchaser's intended use of the Land. Nothing herein shall
be constrtled as requiring the City Council of the City of Virginia Beach (the "City Council") to
approve any such zoning action. Seller will promptly notify Purchaser of any action of Seller to
change or consider changing the present zoning of the Bendix Property or any of the conditions
applicable to the Land pursuant to such zoning.
{ t') To the best of Seller's knowledge and belief and following due inquiry, except as
specifically disclosed in the Environmental Reports referred to in Section 11, there has been no
use, storage, processing, manufacture, disposal, release or threatened release of any Hazardous
Substances or Toxic Substances on the Bendix Property nor are there any pending or threatened
litigation, orders, rulings, inquiries, notices, permits or investigations regarding any Hazardous
Substances or Toxic Substances with respect to the Bendix Property. As used in this Agreement.
"Hazardous Substances" means and includes (i) all substances subject to regulation under the
Comprehensix e Environmental Response. Compensation, and Liability Act of 1980.42 U.S.C..
Section 9601. et. 5eq., the Resource Conservation and Recover5.' Act, 42 U.S.C., Section 6901. et
seq.. or applicable state law and any other applicable Federal. state or local laws and regulatio~ ·
now in tbrce relating to the use, storage and disposal of Hazardous Substances and (ii) all
substances listed in the United States Department of Transportation Table (49 C.F.R., Section
172.101 and amendments thereto) or by the Environmental Protection Agency, or any successor
agenc.x thereto, as Hazardous Substances (40 C.F.R., Section 302 and amendments thereto); and
"Toxic Substances" means and includes any material present on the Land that has been shown to
have significant adverse affects on human health or that is subject to regulation under the Toxic
Substances Control Act. 15 U.S.C., Section 2610, et. seq., applicable state law, or any other
applicable Federal. state or local laws and regulations now in force or hereinafter enacted related
to Toxic Substances. "Toxic Substances" include, without limitation, asbestos, polychlorinated
biphen.x is {PCBs). petroleum products, and lead based paints. All such laws relating to the use
and disposal of Hazardous Substances and Toxic Substances are collectively referred to in this
Agreement as "Enx ironmental Laws".
{,,~. ~ Subject to the environmental remediation to be performed by Seller pursuant to
Section 11 belov,, the Seller will not engage ~n, and will not permit any other parties, including.
without limitation, tenants, licensees and occupants to engage in any activity on or about the
Bendix Property that could involve or lead to (i) the use, manufacture, storage, transportation.
discharge, release or disposal of Hazardous Substances or Toxic Substances, or (ii) the
imposiuon of liability upon the Seller or any other subsequent or former owner of the Bendix
Propert.x or the creanon of a lien on the Bendix Property under any Environmental Laws.
th~ There are no condemnation or eminent dommn proceedings pending against the
Land relat~x e to the use of tile Land or an3 part thereof. Seller has received no actual or
1-74766 1" 3EB JEB
3120197
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constructive notice of any change or proposed change in the routes, grade or width of, or
otherwise affecting any street or road adjacent to the Land.
(i) There are no payments for work or improvements furnished on the Land at the
request of Seller. or with the permission of Seller, due or owing, and there are no materialmen's
or mechanics' liens affecting the Land.
(j) All of the aforesaid warranties and representations shall be deemed reaffirmed at
the Closing.
7. Purchaser's Warranties arid Representations.
(a) Purchaser ~s a corporation duly formed under the laws of the State of Virginia, is
validly existing and in good standing under the laws of the Commonwealth of Virginia and is
duly authorized to transact business in the Commonwealth of Virginia. Purchaser is a wholly-
owned subsidiary of International Family Entertainment, Inc.
(b) The person signing on behalf of Purchaser is authorized to do so without furth~ ~
consent, act or approval, and Purchaser shall deliver to Seller written evidence thereof upon
demand by Seller.
(c) There are no actions, suits or proceedings pending against Purchaser which have
any bearing on this Agreement or the ability, of Purchaser to perform.
(d) Purchaser is solvent and the execution of this Agreement and the performance of
all of Purchaser's obligations hereunder shall not render Purchaser insolvent. Purchaser is not
ban 'krupt nor has any bankruptcy or insolvency petition been filed by or against Purchaser.
(e) The execution of this Agreement by Purchaser does not violate any agreement,
restriction or law affecting Purchaser.
(f) All of the aforesaid warranties and representations shall be deemed reaffirmed at
the Closing.
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-6-
(a) Provided all conditions to Closing have been satisfied or waived in writing bv the
Purchaser. Closing shall take place at the offices of Seller's attorney, or at such other location as
may be agreed upon by the parties, on or before the date which is sixty (60) days after the
expiration of the Study Period, unless extended by mutual agreement of the parties. However. if
the zoning designation for the Bendix Property does not permit Purchaser's intended use of the
Land. Purchaser shall have the right to terminate this Agreement, in which event the Deposit
made by Purchaser shall be immediately refunded to the Purchaser, and neither party shall have
any further rights or responsibilities hereunder except for Purchaser's obligations under
Paragraph 4. which shall survive such termination.
I b~ Real estate taxes shall be prorated and adjusted as of the date of Closing. Except
for damage caused by Purchaser, its employees, agents, and contractors, any risk of loss or
damage to the Land prior to closing shall be borne by Seller.
(c I Seller shall deliver to Purchaser at Closing a Special Warranty deed conveying
good marketable, tee simple title to the Land, subject only to the Permitted Title Exceptions.
(d) Seller shall deliver to Purchaser at Closing a counterpart original of the
Declarauon signed by Seller. which Declaration shall be executed and recorded by Purchaser.
~ e I Seller shall pay the cost of its own attorney, the grantor's tax and the preparation
of the deed. Purchaser shall pay the cost of its own attorney, the recording taxes on the deed.
title ~nsurance. survey and all costs in connection with any financing.
(f) Seller shall give possession and occupancy of the Land to Purchaser at Closing.
{g I Purchaser's obligation to close this transaction shall be contingent upon
Purchaser's receipt of a certified copy of the resolution, which resolution shall be in form and
content satisfactory to Purchaser. adopted by the Virginia Beach Development Authority
authorizing the disbursement of funds m an amount equal to 525,000 per usable acre to Purchaser
upon Purchaser's compliance with the terms for reimbursement under the Economic
Development Inxestment Program.
o. Commission.
Seller and Purchaser agree that Olympia Commercial Properties. Inc. ("Agent")
was the sole procuring cause of this Agreement. and Buyer agrees to pay Agent for services
rendered in accordance with a separate v, xitten agreement. Seller shall not be responsible for
paying .~gent an', broker's commission or s~m~lar fee relating to the procurement of this
Agreement and'or the conveyance of the Land to Purchaser. If Purchaser defaults under th~s
1-74766 I' JEB JEB
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Agreement. any deposit made by Purchaser shall be divided equally between Seller and Agent.
Purchaser and Seller acknowledge Agent's disclosure that Agent exclusively represents the
Purchaser in connection with this real estate transaction, and Seller consents to such
representation.
(a) Seller's Remedies. If Purchaser fails to complete the acquisition as herein
provided by reason of any default of Purchaser unrelated to a default by Seller, Seller shall be
released from any further obligation hereunder and shall be entitled to rescind this Agreement
and to retain the amount deposited with this Agreement as its sole and exclusive remedy as
liquidated damages for the breach thereof.
(b) Purchaser's Remedies. Purchaser and Seller agree that if the within sale is not
completed as herein provided by reason of any default of Seller, Purchaser shall be released of
any further obligation hereunder, the Deposit shall be returned to Purchaser, and in addition, the
Purchaser shall have the fight to pursue any remedy at law or in equity.
11. Environmental Disclosure an~t Reme~tiation. Seller has delivered to Purchaser
and Purchaser hereby acknowledges receipt of the following reports (collectively, the
"Environmental Repons"):
(a) City of Virginia Beach Bendix Road Refuse Facility, Phase I - Environmental Site
Assessment Report dated January 17, 1994, prepared by URS Consultants, Inc. ("Phase I
Report").
(b) Phase II Environmental Site Assessment at the Bendix Road Refuse Facility dated
December 14. 1995, prepared by URS Consultants, Inc. ("Phase II Report").
Seller shall, at its sole cost and expense, promptly take all actions to remediate the Bendix
Property as required by, and in accordance with, Environmental Laws, which remediation is
necessitated through the presence upon, about or beneath the Bendix Property of Hazardous
Substances. Toxic Substances or a violation of Environmental Laws as of the date of Closing
(collectivel.~. the "Remediation Obligations"). The Remediation Obligations shall include,
without limitation, the following:
A. Removal of the drums and drum materials from the Bendix Property,
disposal of the hexametaphosphate in an approved landfill, and removal of all tires, appliances
and surface litter from the Bendix Property.
I-7-~766 17 JEB JEB
3 20 97
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I
B. Removal and disposal of all underground storage tanks from the Bendix
Propert.x and removal and treatment by bioremediation of the petroleum contaminated soil found
during tank removal.
Seller shall diligently pursue the completion of the Remediation Obligations, and Seller
shall promptly provide Purchaser with copies of tests results and reports that are generated in
connection with the Remediation Obligations. Seller shall be solely responsible for all costs.
fees and expenses (collectively, "Remediation Costs") incurred in carrying out the Remediation
Obligations. Seller shall pay all Remediation Costs as and when due such that no liens for work
related to the Remediation Obligations shall attach to the Land. Promptly upon completion of
the Remediation Obligations. Seller shall permanently seal or cap all monitoring wells and test
holes and borings to industrial standards, remove all associated equipment, and restore the
Bendix Propert.~.
12. Reserved Arga. The Reserved Area shall include that portion of the Bendix
Property contaminated by landfill material, together with a 100-foot buffer zone around the
perimeter of the area containing such landfill material. The approximate location of the Reserx ,','
Area is identified by hatching on the plat attached hereto as l~;~hibit A and shall be more
particularly delineated on the Survey. The Reserved Area shall not be part of the "Land". and
Seller shall retmn title to the Reserved Area. In addition to the Remediation Obligations, within
three (3)months of the Effective Date. Seller shall remove from the Reserved Area all trash.
debris, underbrush, undergrowth, dead trees and vegetation and all live trees and vegetation less
than four 14) inches in diameter. If Seller has not satisfied such obligations prior to the earlier to
occur of three (3) months after the Effective Date or the date of Closing, Purchaser shall have the
right to deduct from the Purchase Price an amount equal to the lesser of $10,000 per acre in the
Reserved Area or $25.000 and shall have the right, but not the obligation, to perform such
obligations on Seller's behalf.
13 [~ntire Agreemerlt. This Agreement contains the entire agreement between the
parties relating to the purchase and sale of the Land. All prior negotiations between the parties
are merged m this Agreement and there are no promises, agreements, conditions, undertakings.
warranties or representations, oral or written, express or implied, between them other than as
herein set tbrth. No change or modification of this agreement shall be valid unless in writing and
signed bx both parties. No waiver of any of the provisions of this Agreement or any other
agreement referred to herein shall be valid unless in writing and signed by the party against
whom ~t ~s sought to be enforced.
14 Acceptance and Deliverx' Purchaser expressly reserves the right to rescind this
Agreement upon X,,Titten notice to Seller at any time prior to Seller's delivery of a fully executed
copy of th~s Agreement to Purchaser at Purchaser's address belov~. Furthermore, if Seller has not
delivered a fullx executed copy of this Agreement to Purchaser by 5:00 p.m. Eastern Standard
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3/20197
-9-
Time on May 6, 1997, then Purchaser's offer to purchase the Land pursuant to this Agreement
shall automatically expire and neither party shall have any further obligations hereunder.
15. CiW_ Develooment Requirements.
(a) Purchaser acknowledges that it is Seller's understanding that the Property will be
used as a broadcasting, production and operations center and for similar, related and incidental
uses. Accordingly, prior to the construction of any building on the Property, and in any event,
prior to the date of Closing, Purchaser agrees to submit to the City Manager (or his designee) for
approval, which approval shall not be unreasonably withheld or delayed, a copy of Purchaser's
proposed conceptual plans for developing the Property, which plans shall include the
approximate size and location of any buildings to be constructed, proposed landscaping and
access, ingress and parking areas (collectively, the "Development Plans"). The parties
acknowledge that the Development Plans shall not be required to include final construction
drawings and/or detailed specifications. Furthermore, Seller's right to approve the Development
Plans shall be separate and apart from any review and approval process required by the City of
Virginia Beach for the development of the Property, and the City Manager's (or his designee' s)
approval of the Development Plans shall not be construed as part of such City review and
approval process. The City Manager (or his designee) shall grant its approval of the proposed
Development Plans within ten (10) business days after the same are submitted to the City
Manager (or his designee), or shall state his objections with specificity in writing to the
Purchaser within such period of time. The City Manager's (or his designee's) failure to so
specify its objections shall be deemed approval of the Development Plans for purposes of this
Paragraph 15(a). Upon approval (or deemed approval) of the Development Plans, Purchaser
shall not materially amend or alter the Development Plans without again submitting such
amendments and alterations for Seller's approval in accordance with this Paragraph 15(a);
provided, however, such approval shall not be required if such amendments or alterations are at
the request or recommendation of the City of Virginia Beach related to its review and approval
process. In the event the City Manager (or his designee) has not approved the Development
Plans before the date which is three (3) months after the expiration of the Study Period,
Purchaser shall have the fight (in addition to its other rights hereunder) to terminate this
Agreement by giving written notice to Seller prior to such date, in which event, Seller shall
immediately refund the Deposit to Purchaser.
Co) The value of improvements and equipment (not including furnishings) to be
located on the Property shall be at least Ten Million Dollars ($10,000,000.00), and the
improvements to be constructed in the first phase of the development of the Property shall
include at least 60,000 square feet of floor area.
(c) Provided that Purchaser submits within six (6) months from the date of Closing,
all necessary applications and plans for construction to the appropriate departments in the City of
Virginia Beach for approval, the Purchaser shall have until the date (the "Construction Date")
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which is one (1) year from the date Purchaser obtains a building permit for the Property from the
City of Virginia Beach to commence construction at the Property. In the event the Purchaser
fails to submit all necessary applications and plans for construction within said six (6) month
period, the Construction Date shall be eighteen (18) months after the date of Closing. If by the
Construction Date, the then current record property owner ("Record Owner") shall not have
commenced the construction at the Property (the pouring of foundations, but not mere sitework.
shall satisfy such commencement requirement), then the Seller shall have the fight and option to
refund to the Record Owner the mount equal to (i) the gross purchase price paid by Purchaser to
Seller at Closing. less (ii) any EDIP funds disbursed to Purchaser pursuant to Paragraph 8(g)
above x~hereupon the Record Owner shall promptly convey the Property. back to the Seller.
Seller shall have six (6) months from the Construction Date to exercise its option to reacquire the
Property. and settlement shall take place within sixty (60) days after the Seller exercises its
option The option may be exercised by notifying the Record Owner in writing at any time
within the option period prior to Seller's commencement of construction at the Property. At
settlement, the Record Owner shall reconvey the Property to the Seller by special warranty deed
and subject only to no other liens or encumbrances except those that were in effect as of the date
of Closing. utility easements and such other title documents to which the City of Virginia
is the sole other party, including the Declaration. Purchaser agrees to execute a memorandm~3
option prepared by Seller for recordation satisfying the requirements of Virginia Code § 55-57 2
and evidencing the foregoing reacquisinon option.
16.
Purchase Development Requirements.
la} Seller shall diligently and in good faith pursue to obtain fee simple ownership of.
or fights to control the development of. the land containing approximately 15 acres lying south of
Bonnex Road and along Bendix Road (collectively, the "Adjacent Property"). Seller's failure to
comply x', ith the terms of this Paragraph 16(a) shall not give rise to a cause of action against the
Seller
{b} Within fortv-five (45) da,, s after the Effective Date. Seller shall have developed a
plan of de,, elopment for the Bendix Property and the Adjacent Property (the "Bendix
Development Plan"). Furthermore, Seller agrees to submit a draft of the Bendix Development
Plan to the Purchaser for its review and approval, which approx al shall not be unreasonablx
withheld or delax ed. Purchaser shall grant its approval of the proposed Bendix Development
Plan v, ithin fix e t 5) business days after the same is submitted to Purchaser or specify its
objections in ',xxiting within such period of time. Purchaser's failure to so specify, its objections
shall be deemed approval of the proposed Bendix Development Plan for purposes of this
Paragraph 16(b) In addition, upon Seller's adoption of the Bendix Development Plan and
implementation thereof, Seller agrees to submit to Purchaser for its approval, which approval
shall not be unreasonably withheld or delayed, a copy of any proposed conceptual plan for
developing all or a portion of the Adjacent Property, which plan shall include the approximate
size and locauon of any buildings to be constructed, proposed landscaping and access, ingress
1-74766 1' JEB JEll
3120~9't
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and parking areas. The Purchaser shall grant its approval of the proposed development plans
within five (5) business days al[er the same is submitted to Purchaser or shall state its objection
for specificity in writing within such period of time. Purchaser's failure to so specify its
objections shall be deemed approval of the proposed development plans for purposes of this
Paragraph 16(b).
17. Miscellaneous.
(a) This Agreement shall be binding upon and inure to the benefit of and be
enforceable by, the respective successors and assigns of the parties hereto. Purchaser shall not
assign its rights under this Agreement. unless such assignment is to an entity which is a wholly-
owned subsidiary of International Family Entertainment, Inc.
(b) Unless otherwise specifically provided herein, all notices, demands, or other
communications given hereunder shall be given in writing by any of the following: (i) personal
service: (ii) telegram (which includes cable, telex and TWX); (iii) courier; (iv) telecopier; or (v)
by United States Mail, certified return receipt requested, first class postage prepaid and shall be
delivered or sent to the address set forth below (or to such other address or to such other person
as any part.,,' hereto shall designate to the others for such purpose in the manner set forth in this
article) for the receiving party.
If to Purchaser:
Lynnhaven Acquisition Corp.
2877 Guardian Lane
Post Office Box 2050
Virginia Beach, Virginia 23450-2050
Attn: Charles T. Martin, President
With a copy to:
IFE Office of General Counsel
2877 Guardian Lane
Post Office Box 2050
Virginia Beach, Virginia 23450-2050
With a copy to:
Olympia Development Company
Attn: Cecil V. Cutchins
Reflections I, Suite 310
2809 South Lynnhaven Road
Virginia Beach, Virginia 23452
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3120/97
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I
If to Seller:
City of Virginia Beach
James K. Spore, City Manager
Municipal Center
Virginia Beach. Virginia 23456
Copy to:
Office of the City Attorney
Gary L. Fentress, Deputy City Attorney
Municipal Center
Virginia Beach. Virginia 23456
(c) This Agreement shall be construed in accordance with the laws of the
Commonxvealth of Virginia.
(d) If any term of provision of this Agreement or the application thereof to any person
or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement. or the application of such term or provision to persons or circumstances other than
those to which it is held invalid or unenforceable, shall not be affected thereby, and each term
and provision herein shall remain in full force and effect.
(e} The captions of this Agreement are inserted for convenience or reference only and
do not define, describe or limit the scope or the intent of this Agreement or any term hereof.
{ f) This Agreement may be executed in any number of counterparts, each of which
shall be deemed to be an original, but all of which together shall constitute one and the same
instrument.
{g) Whenever herein the singular number is used. the same shall include the plural
where appropriate, and words of any gender shall include the other gender where appropriate.
{h'~ If the final date of any period provided for herein for the performance of an
obligation or for the taking of any action falls on a Saturday. Sunday or banking holiday, then the
time of such period shall be deemed extended to the next day which is not a Saturday, Sunday or
banking holidax
(i) In the event that a legal action is brought to enforce the terms of this Agreement.
each part.x shall pay its own costs, fees and expenses.
(j) The provisions of Paragraphs 6, 7, 10(b), 11. 12. 15 and 16 of this Agreement
shall surx ~x e the closing and the deliver2,.' of title and deed to the Land.
IN WITNESS WHEREOF. the parues have duly executed and sealed this Agreement as
of the dax and x ear first above written.
!-74766 17 JEB
3/20/97
-13-
PURCHASER:
LYNNHAV~ ACQUISITION CORP.,
a Virginia corporation
Title: President
SELLER:
CITY OF VIRGINIA BEACH, VIRGINIA
By:
James K. Spore, City Manager
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3/20/97
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EXHIBIT "A"
- 29-
Item Fl-I. 8. ~ b.
ORDINANCES
ITEM # 42044
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinances to appoint viewers'
Petition of Bayville Farms Associates, L.P. for the closure of
a portion of First Court Road, designated as the "EX R/W"
(BA YSIDE BOROUGH).
Petition of Mark R. Lichtenstein for the closure of a portion of
Sydnor Street at 55th Street to the Northwest corner of
Ubermeer Annex No. 3 (L YNNHA VEN BOROUGH).
The Viewers are:
David M. Grochmal
Robert J. Scott
Ralph A. Smith
Director of General Services
Director of Planning
Dtrector of Public Works
Voting:
10-0 (By ConsenO
Councd Members Voting Aye:
John A. Baum, Linwood O. Branch, IIL Harold Hetschober, Barbara M
Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf
Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Loutsa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
William W. Harrtson, Jr.
April 29, 1997
ORDINANCE APPOINTING VIEWERS
WHEREAS, Bayville Farms Associates, L.C., ("Bayville")
has given due and proper notice, in accordance with the Section
15.1-364 of the Code of Virginia, 1950, as amended, that he will on
the 29th day of April, 1997, apply to the City Council of the City
of Virginia Beach, Virginia, for the appointment of Viewers to view
the hereinafter described portion of a street and report in writing
to the Council whether, in the opinion of said Viewers, any, and if
any, what inconvenience would result from the discontinuance of a
portion of such street; and
WHEREAS, Bayville has filed such application with the
Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City
of Virginia Beach, Virginia:
THAT Robert J. Scott, David M. Grochmal, and RalDh A.
Smith are hereby appointed to view the hereinafter described
portion of a street and report in writing to the Council as soon as
possible, whether in their opinion, any, and if any, what
inconvenience would result in the discontinuing and vacating of the
portion of the street located in the City of Virginia Beach,
Virginia, and more particularly described as follows:
ALL THAT portion of First Court Road shown as the hatched
area and designated as the "EX. R/W" on that certain plat
entitled "PLAT SHOWING PROPOSED CLOSURE OF A PORTION OF
FIRST COURT ROAD BAYSIDE BOROUGH VIRGINIA BEACH,
VIRGINIA" dated March 12, 1997, attached hereto and made
apart hereof.
The plat described above is intended to be recorded with the
Ordinance closing the portion of the street described above.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 29 day of April , 1997.
CA-6613
NOTICE
PLF~%SE TA~E NOTICE, that at the meeting of the City Council of
the City of Virginia Beach, Virginia, to be held on the 29th day of
April, 1997, at 2:00 p.m., in the City Council Chambers, City Hall,
Municipal Center, Virginia Beach, Virginia, 23456, the undersigned
will petition the Council for the appointment of Viewers to view
the hereinafter described portion of First Court Road and report to
the City Council whether in the opinion of the Viewers, what, if
any, inconvenience would result from the vacation, closure and
discontinuance of such portion of First Court Road located in
Virginia Beach, Virginia, and described as follows:
Beginning at the point of intersection of the southern
right-of-way line of Shore Drive and the western right-
of-way line of First Court Road; thence N83°15'56"E along
the southern right-of-way line of Shore Drive a distance
of 301.93 feet to the point of intersection of said
right-of-way line with the eastern right-of-way line of
First Court Road; thence S40°36'18"W along the right-of-
way line of First Court Road a distance of 31.11 feet to
a point in the right of way; thence S40°36'18"W along
said right-of-way a distance of 29.05 feet to a point in
the right-of-way; thence S56°01'11"W along said right-of-
way a distance of 1465.07 feet to a point in the right-
of-way; thence along said right-of-way along a curve to
the left with a radius of 552.69 feet an arc distance of
219.03 feet to a point in the right-of-way; thence
northerly within said right-of-way along a curve to the
left with a radius of 1685.00 feet an arc distance of
290.10 feet to a point in the right-of-way; thence
southerly along said right-of-way along a curve to the
left with a radius of 530.00 feet an arc distance of
89.02 feet to a point in the right-of-way; thence along
said right-of-way along a curve to the left with a radius
of 28.51 feet an arc distance of 52.52 feet to a point in
the right-of-way; thence N56°01'll"E along said right-of-
way a distance of 1360.54 feet to a point in the right-
of-way; thence N09°10'55"W along said right-of-way a
distance of 44.24 feet to a point in the right-of-way;
thence N09°10'55"W along said right-of-way a distance of
17.77 feet to the point of Beginning.
At that time, any affected person may appear and present his
or her views.
At the next regular meeting of the City Council after receipt
of the report of the Viewers, or as soon thereafter as the matter
may be placed on the Council agenda, the undersigned will Petition
the City Council to vacate, close and discontinue the above
described portion of First Court Road containing 61,983.45 square
feet.
Bayville Farms Associates, L. C.
By
Richard H. Matthews, Of Counsel
Richard H. Matthews
PENDER & COWARD, P.C.
192 Ballard Court
Virginia Beach, VA 23462
(757) 490-3000
IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING
THAT PORTION OF FIRST COURT ROAD AS SHOWN UPON THAT
CERTAIN PLAT ENTITLED, "PLAT SHOWING PROPOSED CLOSURE OF
A PORTION OF FIRST COURT ROAD BAYSIDE BOROUGH VIRGINIA
BEACH, VIRGINIA" DATED MARCH 12, 1997, ATTACHED HERETO
AND MADE PART HEREOF.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioner, Bayville Farms Associates,
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:
ALL THAT portion of First Court Road shown as
the hatched area and designated as the "EX.
R\W" on that certain plat entitled "PLAT
SHOWING PROPOSED CLOSURE OF A PORTION OF FIRST
COURT ROAD BAYSIDE BOROUGH VIRGINIA BEACH,
VIRGINIA" dated March 12, 1997, attached
hereto and made apart hereof.
2. That no inconvenience will result to any person by reason
of the closing, vacation and discontinuance of a portion of the
street; and the Petitioner prays that this Honorable Council
appoint viewers as provided by law to view the portion of the
platted street proposed to be closed and to report in writing to
the Council as soon as practicable as to whether, in the opinion of
said Viewers, what inconvenience, if any, would result from the
discontinuance and the closing of the portion of the street
described herein above.
3. That on the llth day of April, 1997, and on the 18th day
of April, 1997, notice of the presentation of this application was
published in the Virginian-Pilot & Ledger-Star, a newspaper of
general circulation in the City of Virginia Beach, Virginia.
4. That the owners of the fee simple interest in the land
adjacent to the portion of the street described in paragraph 1 of
this Petition are Bayville Farms Associates, L. C., a Virginia
limited liability company, and the City of Virginia Beach, a
municipal corporation of the Commonwealth of Virginia, which will,
as the adjacent land owners, become the fee simple owners of the
closed portion of the street.
Respec~ll~ submitted,
Bayvil~e ~rms Associates, L. C.
By~ I~~.,.,~ Of Counsel
Richard H. Matthews
Pender & Coward, P. C.
192 Ballard Court
Virginia Beach, VA 23462-2483
AFFIDAVIT
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, Richard H. Matthews, attorney for Bayville Farms
Associates, L. C. ("Bayville"), being first duly sworn, deposes and
states:
1. That I am an attorney at law and represent Bayville.
2. That on the llth day of April, 1997, and on the 18th day
of April, 1997, notice of the presentation of the application, on
behalf of Bayville, to close that portion of First Court Road shown
as the hatched area and designated as "EX. R\W" on that certain
plat entitled "PLAT SHOWING PROPOSED CLOSURE OF A PORTION OF FIRST
COURT ROAD BAYSIDE BOROUGH VIRGINIA BEACH, VIRGINIA" dated March
12, 1997, attached hereto and made apart hereof will be published
in the Beacon section of the Virginian-Pilot & Ledger-Star, a
newspaper of general circulation in the City of Virginia Beach,
Virginia. ~~~
And further the deponent saith not
% Richard H. Matthews
Subscribed and sworn to before me this 7th day of April, 1997.
Notary Public
My Commission Expires:
H LEE ADDISON, III CHARLES M SALLE
DAVID L ARNOLD DANIELM SCHIEBLE
SHARON E CONNAUGHTON MARK E 5LAUGHTER
DARRELLA DRINKWATER GLENW THOMPSON
RANDOLPH C DuVALL* LYNN K TIEDGE
DOUGLASJ GLENN W ROBERTTURNER III
DAVID L HORNF JOSEPHT WALDO
DOUGLAS E KAHLE BONNIE M WHEELER
JEANNE S LAUER GUION H WILLIS
JAMES B LONERGAN SARAH J ZECCA
BURKEW MARGULIES
RICHARD H MATTHEWS AL$O MEMBER OF
MARY KEATING O NEILL NORTH CAROLINA leAR
PENDER 6' COWARD
A PROFES.e~IONAL CORPORATION
ATTORNEYS AND COUNSELLORS AT LAW
FOURTH FLOOR, GREENWICH CENTRE
192 BALLARD COURT
VIRGINIA BEACH, VIRGINIA 23462-6557
TELEPHONE (757) 490-3000
FACSIMILE (757 I 497-1914
April 7, 1997
NEWTOWN SQUARE OFFICE
160 NEWTOWN ROAD, SUITE 311
VIRGINIA BEACH VIRGINIA 23462-2483
WILLIAM C PENDER (1893-1979)
NELSON W COWARD 11916 1988!
MEMBER
COMMONWEALTH LAW GROUP LTD
DIRECT DIAL NUMBER
490-6279
CERTIFICATE OF VESTING OF TITLE
I, Richard H. Matthews, Attorney for the Petitioner, Bayville
Farms Associates, L. C. ("Bayville"), do hereby certify that:
1. I am an attorney at law and represent Bayville.
2. If that portion of First Court Road described as the
hartched area on the attached plat is discontinued, closed and
vacated by the Council of the City of Virginia Beach, Virginia,
then title to the closed street will vest in Bayville and the City
of Virginia beach, Virginia as the owners of the fee simple
interest in the land adjacent to the street.
yours,
CURVE NO. DELTA RADIUS LENGTH TANGENT CH. BEARING CHORD
C1 09'37'25" 530.00 89.02 44.82 S 13'41'21" E 88.92
C2 09'51'52" 1685.00 290.10 145.41 S 14'25'21" E 289.74
C3 105'32'46" 28.51 52,52 37.52 N 71'15'04" W 45.40
C4 22'42'21' 552.69 219.03 110.97 S 44'40'04" W 217.60
C5 05'29'59" 2132.00 204.65 102.40 N 58'46'11" E 204.57
L1 S 09'10'55" E 44.24 .
L2 S 09'10'55" E 17.77 ~ ~ ,~.~,~, ,,
. , ,,.":.~ ..-"~"~---,.,.. SS 403636'1,~18 W
L3 N O103 48 W 152.54 0'~,'"" 40'~'i-ii'
_
I///.~/'.'/,7/.,'_,'~.//. :.t FIRST COURT ROAD (61,983.45 S.F.)~ ~/~ ~i ~ '~'9.~(~5;u"
~_i_ ~_ i-:--!-i-.-~,--:--] DENOTES OLD N. & W R/W ,,~o".
''' ~'''' (69,103.92 S.F.)
'~:, ',,,i, EX. RXW
PLAT SHOWING
a PORTION OF
FIRST COURT ROAD ~ ,-~'~.
BAYSIDE BOROUGH
VIRGINIA B~CH, VIRGINIA
![ ~ No. ; :' ~. A m ~)~, BAWILLE FARMS ASSOCIATES
~~ ~~~~~ ~ ~ . ~ "~ D.B. 3018 PG. 1958
-
1 ~ch = fL
BENGTSON, DeBELL & ELKIN, LTD.
CONSULnNO ENO~NEE~S, SU~YO~S, PLANN~aS ~ LANDSCAPE A~CH~CTS
CEN~E~LLE, ~RGINIA BEACH ~ RICHMOND, ~RGINIA
SIL~R SPRING, MAR~AND
CADD ~S NO ~ R~T ~RNISH~ MAR 12, 1997 1 = 2~'
JOB NO PR NO DWG NO F-
ORDINANCE APPOINTING VIEWERS
WHEREAS, your Petitioner, Mark R. Lichtenstein, has given due and proper notice, in
accordance with the statutes for such cases made and provided that he will on the 29th day of April,
1997, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of
Viewers to view the hereinafter described property and report in writing to the Council whether, ~n
the opinion of said Viewers, any, and if any, what inconvenience would result from the
discontinuance of such portion of the hereinafter described 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 g. Scott , David H. Grochmal and
Ralph A. Smith are hereby appointed to view the hereinafter described property and
report in writing to the Council as soon as possible, whether, in their opinion, any, and if any, what
inconvenience would result from the discontinuing and vacating of the portion of that certain street
of variable width located in the City of Virginia Beach, Virgima and more particularly described as
follows:
BEGINNING AT THE SOUTHWEST INTERSECTION OF
SYDNOR STREET AND 55TH STREET, SAID POINT BEING
THE NORTHWEST CORNER OF LOT T, MAP OF UBERMEER
ANNEX NO. 3; THENCE ALONG THE SOUTHERN RIGHT-OF-
WAY OF 55TH STREET N 73%48'-02" E, 40.32' TO A POINT ON
THE WESTERN RIGHT-OF-WAY OF SYDNOR STREET, SAID
POINT BEING THE NORTHWEST CORNER OF LOT D,
REVISED MAP OF UBERMEER ANNEX NO. 2 AND THE
SOUTHWESTERN CORNER OF SYDNOR STREET AND 55TH
STREET; THENCE ALONG THE EASTERN RIGHT-OF-WAY OF
SYDNOR STREET N 080-50"-00' W, 105 10' TO A POINT,
THENCE S 81° -04'-00" W, 40.00' TO A POINT ON THE
EASTERN RIGHT-OF-WAY OF SYDNOR STREET, SAID POINT
BEING THE SOUTHEAST CORNER OF LOT T, THENCE
ALONG THE WESTERN RIGHT-OF-WAY OF SYDNOR
STREET N 08°-56'-00'' W, 10000' TO THE POINT OF
BEGINNING, SAID PARCEL CONTAINING 4,102 SQUARE
FEET.
All of the above as shown upon that certain exhibit entitled "EXHIBIT SHOWING
PROPOSED CLOSURE OF PART OF SYDNOR STREET AS SHOWN ON REVISED MAP OF
UBERMEER ANNEX NO. 2 (M.B 10, PAGE 96) AND MAP OF UBERMEER ANNEX NO 3
(M.B. 12, PG 2) VIRGINIA BEACH, VIRGINIA FOR MARK R. LICHTENSTEIN & FRANK M.
COVEN & W.W. REASOR", Lynnhaven Borough, Virginia Beach, Virginia, which exhibit is
attached hereto.
Adopted by the Council of the City of Virginia Beach, Virginia, on this29__th day of April,
1997.
CA-6614
NOTICE
PLEASE TAKE NOTICE that at the meeting of the City Council of the City of Virginia
Beach, Virginia to be held on Tuesday, the 29th day of April, 1997 at 2:00 p.m., in the City
Council Chambers, City Hall, Municipal Center, Virginia Beach, Virginia 23456, the
undersigned will petition the CounCil for the appointment of Viewers to view the hereinafter
described portion of a certain street known as Sydnor Street located in the Lynnhaven Borough
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 the portion of same. The said
portion of the street being closed is described as follows:
BEGINNING AT THE SOUTHWEST INTERSECTION OF
SYDNOR STREET AND 55TH STREET, SAID POINT BEING
THE NORTHWEST CORNER OF LOT T, MAP OF UBERMEER
ANNEX NO. 3; THENCE ALONG THE SOUTHERN RIGHT-OF-
WAY OF 55TH STREET N 73o-48'-02'' E, 40.32' TO A POINT ON
THE WESTERN RIGHT-OF-WAY OF SYDNOR STREET, SAID
POINT BEING THE NORTHWEST CORNER OF LOT D,
REVISED MAP OF UBERMEER ANNEX NO. 2 AND THE
SOUTHWESTERN CORNER OF SYDNOR STREET AND 55TH
STREET; THENCE ALONG THE EASTERN RIGHT-OF-WAY OF
SYDNOR STREET N 08o-50"-00' W, 105.10' TO A POINT,
THENCE S 81° -04'-00" W, 40.00' TO A POINT ON THE
EASTERN RIGHT-OF-WAY OF SYDNOR STREET, SAID POINT
BEING THE SOUTHEAST CORNER OF LOT T, THENCE
ALONG THE WESTERN RIGHT-OF-WAY OF SYDNOR
STREET N 080-56'-00'' W, 100.00' TO THE POINT OF
BEGINNING, SAID PARCEL CONTAINING 4,102 SQUARE
FEET.
The above street, Sydnor Street, is shown on that certain Exhibit entitled "EXHIBIT
SHOWING PROPOSED CLOSURE OF PART OF SYDNOR STREET AS SHOWN ON
REVISED MAP OF UBERMEER ANNEX NO. 2 (M.B. 10, PAGE 96) AND MAP OF
UBERMEER ANNEX NO. 3 (M.B. 12, PG. 2) VIRGINIA BEACH, VIRGINIA FOR MARK
R. LICHTENSTEIN & FRANK M. COVAN & W.W. REASOR", dated November 8, 1996,
made by Ward M. Holmes, which exhibit has been submitted to the Developmental Services
Center of the City of Virginia Beach and is available for review, is made a part hereof and is
intended to be recorded with the Ordinance closing the aforedescribed street.
At that time, any affected person may appear and be heard.
At the next regular meeting of the City Council after the report of the Viewers is received,
or as soon thereafter as the matter may be placed on the Council agenda, the undersigned will
Petition the City Council to vacate, close and discontinue the portion of street in the City of
Virginia Beach, Virginia as described above.
Mar~R.~lt//~nstein
/t '(ff/~ounsel
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT
CERTAIN STREET KNOWN AS SYDNOR STREET AS SHOWN UPON THAT CERTAIN
EXHIBIT ENTITLED "EXHIBIT SHOWING PROPOSED CLOSURE OF PART OF SYDNOR
STREET AS SHOWN ON REVISED MAP OF UBERMEER ANNEX NO 2 (M B 10, PAGE 96)
AND MAP OF UBERMEER ANNEX NO. 3 (M B. 12, PG 2) VIRGINIA BEACH, VIRGINIA
FOR MARK R. LICHTENSTEIN & FRANK M. COVAN & W.W. REASOR" IN THE
LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA, WHICH EXHIBIT IS ATTACHED
HERETO.
PETITION
TO THE MAYOR AND THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioner, Mark R. Lichtenstein 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 certain portion of
Sydnor Street which is more specifically described as follows
BEGINNING AT THE SOUTHWEST INTERSECTION OF SYDNOR STREET
AND 55TH STREET, SAID POINT BEING THE NORTHWEST CORNER OF
LOT T, MAP OF UBERMEER ANNEX NO. 3, THENCE ALONG THE
SOUTHERN RIGHT-OF-WAY OF 55TH STREET N 730-48'-02'' E, 40 32' TO A
POINT ON THE WESTERN RIGHT-OF-WAY OF SYDNOR STREET, SAID
POINT BEING THE NORTHWEST CORNER OF LOT D, REVISED MAP OF
UBERMEER ANNEX NO 2 AND THE SOUTHWESTERN CORNER OF
SYDNOR STREET AND 55TH STREET, THENCE ALONG THE EASTERN
RIGHT-OF-WAY OF SYDNOR STREET N 080-50"-00' W, 105 10' TO A POINT,
THENCE S 81 ° -04'-00" W, 40 00' TO A POINT ON THE EASTERN RIGHT-OF-
WAY OF SYDNOR STREET, SAID POINT BEING THE SOUTHEAST CORNER
OF LOT T, THENCE ALONG THE WESTERN RIGHT-OF-WAY OF SYDNOR
STREET N 080-56'-00'' W, 100.00' TO THE POINT OF BEGINNING, SAID
PARCEL CONTAINING 4,102 SQUARE FEET.
2. That no inconvenience will result to any persons by reason of said closing, vacating,
and discontinuance of a portion 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 soon as practicable as to whether in the opinion of said Viewers, what
inconvenience, if any, would result from the discontinuance and closing of a port~on of said street,
as herein reported and described
3. That on April 11, 1997, and April 18, 1997, notice of the presenting of this
application was published in the Virginia Beach Beacon of the Virginian Pilot-Ledger Star, a
newspaper of general c~rculation in the City of Virginia Beach, Virginia as evidenced by the
Affidavit and Notice attached hereto.
4. That the applicant has informed me that the fee simple owners of all land along and
adjacent to and affected by the portion of the platted street being closed are your Petitioner here~n,
Frank M. Coven and Scott Cutchin.
By:
Respectfully submitted,
O~Cou~el
STEPHEN J DAVIS
GREGORY A OIORDANO
ROBERT J HADDAD***
JEFFREY B HAMMAKER
CAROL N HARE**
CHELSEA ANDERSON HELME
DOUGLAS L HORNSBY
K DWAYNE LOUK
ROBERT G MORECOCK
LISA P O'DONNELL
BEVERLY A REBAR
ROBERT E RULOFF
THOMAS B SHUTTLEWORTH*
JEFFREY T TALBERT
LAWRENCE H WOODWARD, JR
SHUTTLEWORTH, RULOFF & GIORDANO, P.C.
ATTORNEYS AND COUNSELORS AT LAW
CORPORATE CENTER
4425 CORPORATION LANE
SUrrE 300
VIRGINIA BEACH, VIRGINIA 23462-3103
TELEPHONE (757) 671-6000
REAL ESTATE FACSIMILE. (757) 671-6005
LITIGATION FACSIMILE (757) 671-6004
BUSINESS AND CORPORATE FACSIMILE: (757) 671-6003
DIRECT DIAL NUMBER
OF COUNSEL
RICHARD D GUY
NEWPORT NEWS OFFICE
603 PILOT HOUSE DRIVE
SUITE 250
NEWPORT NEWS, VIRGINIA 23606-1980
TELEPHONE (757) 873-9999
FACSIMILE (757) 873-9758
CERTIFICATE OF VESTING OF TITLE
I, Stephen J. Davis, attorney for Mark B. Lichtenstein, do hereby certify that:
1. I am an attorney at law and represent Mark B. Lichtenstein.
2. If the property described below is discontinued, closed and vacated by the City Council of the
City of Virginia Beach,Virginia, then, based on the status of title revealed by the records in the
Clerk's Office of the Circuit Court of the City of Virginia Beach as of this date and upon
purchase of said property from the City of Virginia, Beach, title to said property,subject to any
restrictions, conditions and easements applicable to said property, will vest in the adjoining
property owners, Mark B. Lichtenstein, Scott Cutchin and Frank M. Coven.
3. The said property referred to herein is described as follows:
ALL THAT CERTAIN lot, piece, or parcel of land, lying, situate and being in
the City of Virginia Beach, Virginia, the boundaries of which are shown on the
exhibit attached hereto entitled, "EXHIBIT SHOWING PROPOSED
CLOSURE OF PART OF SYDNOR STREET AS SHOWN ON REVISED
MAP OF UBERMER ANNEX NO. 2 (M.B. 10 PG 96) AND MAP OF
UBERMEER ANNEX NO. 3 (M.B. 12, PG 2), VIRGINIA BEACH,
VIRGINIA FOR MARK B. LICHTENSTEIN & FRANK M. COVEN & W.W.
REASOR", dated November 8, 1996, said exhibit being on file with the City of
Virginia Beach planning department and more fully described as follows:
BEGINNING AT THE SOUTHWEST INTERSECTION OF SYDNOR
STREET AND 55TH STREET, SAID POINT BEING THE NORTHWEST
CORNER OF LOT T, MAP OF UBERMEER ANNEX NO. 3; THENCE
ALONG THE SOUTHERN RIGHT-OF-WAY OF 55TH STREET N 730-48'-
02" E, 40.32' TO A POINT ON THE WESTERN RIGHT-OF-WAY OF
SYDNOR STREET, SAID POINT BEING THE NORTHWEST CORNER OF
LOT D, REVISED MAP OF UBERMEER ANNEX NO. 2 AND THE
SHUTTLEWORTH, RULOFF & GIORDANO, P.C.
SOUTHWESTERN CORNER OF SYDNOR STREET AND 55TH STREET;
THENCE ALONG THE EASTERN RIGHT-OF-WAY OF SYDNOR STREET
N 08o-50"-00' W, 105.10' TO A POINT, THENCE S 81 ° -04'-00" W, 40.00' TO
A POINT ON THE EASTERN RIGHT-OF-WAY OF SYDNOR STREET,
SAID POINT BEING THE SOUTHEAST CORNER OF LOT T, THENCE
ALONG THE WESTERN RIGHT-OF-WAY OF SYDNOR STREET N 08°-
56'-00" W, 100.00' TO THE POINT OF BEGINNING, SAID PARCEL
CONTAINING 4,102 SQUARE FEET.
Shuttlew~
By: / '~
/
rdano,
~'n J. Davis
P.e.
January 29, 1997
CI1Y ~TTuRi'IE'~'
_ C,ITY OF V, I,RGIN!A BEA~CH~
AFFIDAVIT
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, Stephen J. Davis, attorney for Mark R. Lichtenstmn, being duly sworn, deposes and
states:
1. That I am an attorney at law and represent Mark R. Lichtenstein.
e
That I, on behalf of Mark R. Lichtenstein, have arranged for and intend to publish,
on April 11, and April 18, 1997, notice of the presenting of the application to
close a portion of that certain street known as Sydnor Street located in the City of
Virginia Beach, Virginia in the Virginia Beach Beacon, a newspaper of general
circulation in the City of Virginia Beach, Virginia.
e
And further the deponem saith not.
That the Affidavit of publication certifying the dates of pj~blication will be
forwarded to the City Attorneys Office uponrece'
//~~ Stephen J. Davis
Subscribed and sworn to before me this 1 lth day of April, 1997.
My commission expires:
! /
,~ v lqotary Public
July 31. 2000
LICHTENS\STRCLO3 AFF
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- 30-
Item VI-I. 9.
ORDINANCES
ITEM # 42045
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Voting:
Ordinance to grant franchises re the operation of open air cafes in the
resort area:
a. Bilmarr Enterprises, Inc. 203 22nd Street
(ifa Abbey Road RestauranO
b. Four Sails-HWC Investments Delight 3301 Atlantic Ave
(ifa Blue Water Cafe)
c. Atlantic Resort Associates 1101 Atlantic Ave.
(t/a Best Western Oceanfront/Cafe Iguana)
d. Colonial Inn, Inc. 2809 Atlantic Ave
(t/a Cary's Restaurant [Boardwalk])
e. Atlantic Enterprises, Inc
(t/a Oceanfront Inn/Ellington 's)
f Island Republic, Inc.
(t/a Island Republic Restauran0
g. Oceanstde Investment Associates
(t/a Holiday Inn Oceanside/Jonah 's)
h. Seashore Management Ltd-Hilton Inn
(t/a Laverne's Cafe)
i. Sea Oaks Corp-Marianna Enterprises
(t/a Sea Gull Motel/Little Feets)
j. Barclay Restaurant Corporation
(t/a London Pavilion)
k. Resorts of Virginia Beach, Inc.
(t/a Peppers Beach Tavern)
I. 22nd Street Raw Bar & Grille
m. Quality Inn Oceanfront
(t/a 23rd Street Bistro)
n Beach Motel Corp.
t/a Thunderbird Motor Lodge
(t/a T-Bird Cafe)
o. Ocean Ranch Motel Corporation
(t/a Days Inn Oceanfront/Timbuktu)
2901 Atlantic Ave
1905 Atlantic Ave
2101 Atlantic Ave
701 Atlantic Ave
2613 Atlantic Ave
809 Atlantic Ave.
225 17th Street
202 22nd Street
2207 Atlanttc Ave
3410 Atlantic Ave
3107 Atlanttc Ave
10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M.
Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,
Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
William W. Harrison, Jr.
April 29, 1997
AN ORDINANCE GRANTING
FRANCHISES FOR THE OPERATION
OF OPEN AIR CAFES IN THE
RESORT AREA
9
10
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40
41
42
43
44
45
46
47
48
WHEREAS, each of the following corporations/companies
(hereinafter referred to as "Grantees") has requested renewal of
its respective franchise for the operation of an open air caf~ at
the location indicated:
1. Bilmarr Enterprises, Inc.
(t/a Abbey Road Restaurant)
203 22nd Street
Virginia Beach, Virginia 23451
2. Four Sails, HWC Investments
Delight, Inc. (t/a Blue Water Cafe)
3301 Atlantic Avenue
Virginia Beach, Virginia 23451
3. Atlantic Resort Associates
(t/a Best Western Oceanfront/Cafe Iguana)
1101 Atlantic Avenue
Virginia Beach, Virginia 23451
4. Colonial Inn, Inc.
(t/a Cary's Restaurant[Boardwalk])
2809 Atlantic Avenue
Virginia Beach, Virginia 23451
5. Atlantic Enterpriese, Inc.
(t/a Oceanfront Inn/Ellington's)
2901 Atlantic Avenue
Virginia Beach, Virginia 23451
6. Island Republic, Inc.
(t/a Island Republic Restaurant)
1905 Atlantic Avenue
Virginia Beach, Virginia 23451
7. Oceanside Investment Associates
(t/a Holiday Inn Oceanside/Jonah's)
2101 Atlantic Avenue
Virginia Beach, Virginia 23451
8. Seashore Management, Ltd.
Hilton Inn (t/a Laverne's Cafe)
701 Atlantic Avenue
Virginia Beach, Virginia 23451
9. Sea Oaks Corp., Marianna Enterprises
(t/a Sea Gull Motel/Little Feets)
2613 Atlantic Avenue
Virginia Beach, Virginia 23451
10. Barclay Restaurant Corporation
(t/a London Pavilion)
809 Atlantic Avenue
Virginia Beach, Virginia 23451
49
50
51
52
53
54
55
56
57
58
59
6O
61
62
63
64
65
66
67
68
69
7O
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
11. Resorts of Virginia Beach, Inc.
(t/a Peppers Beach Tavern)
225 17th Street
Virginia Beach, Virginia 23451
12. 22nd Street Raw Bar & Grille
202 22nd Street
Virginia Beach, Virginia 23451
13. Quality Inn Oceanfront
(t/a 23rd Street Bistro)
2207 Atlantic Avenue
Virginia Beach, Virginia 23451
14. Beach Motel Corp. t/a Thunderbird Motor Lodge
(t/a T-Bird Cafe)
3410 Atlantic Avenue
Virginia Beach, Virginia 23451
15. Ocean Ranch Motel Corporation
(t/a Days Inn Oceanfront/Timbuktu)
3107 Atlantic Avenue
Virginia Beach, Virginia 23451
WHEREAS, the City has developed a Franchise Agreement for
the regulation of open air cafes which each of the above-listed
Grantees will be required to execute as a condition of franchise
renewal; and
WHEREAS, based upon each Granteets successful operation
of an open air caf~ pursuant to a franchise for the period May 1,
1992, to April 30, 1997, the Department of Convention and Visitor
Development has recommended a five-year renewal of the franchise of
each of the foregoing Grantees.
NOW, THEREFORE, BE IT ORDAINED BYTHE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That a Franchise is hereby granted to each of the
above-listed Grantees to operate an open air caf~ at the address
indicated herein, from May 1, 1997, to April 30, 2002, conditioned
on each Granteets execution of the above-referenced Franchise
Agreement and compliance with the terms and conditions thereof.
2. That the City Manager, or his duly authorized designee,
is hereby authorized to execute, on behalf of the City, the above-
referenced Franchise Agreement with each Grantee.
87
88
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 29 day of April , 1997·
89
90
91
92
93
94
95
96
CA-6606
ORD IN \ NONCODE \ FRANRWL. ORD
R-1
PREPARED: April 1, 1997
APPROVED AS TO CONTENTS
97
98
99
100
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
~ney
- 31 -
Item VI-I. I O.
ORDINANCES
ITEM # 42046
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, Ctty Counctl ADOPTED:
CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY
a. FIVE STAR LIMOUSINE, INC.
b. TOUCH OF CLASS LIMOUSINE SERVICE
c. TOM'S LIMO SER VICE
cl. LONG 'S LIMOUSINE SER VICE
10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Ltnwood O. Branch, III, Harold Hetschober, Barbara M
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,
Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Loutsa M
Strayhorn
Councd Members Vottng Nay:
None
Council Members Absent:
William W. Harrison, Jr
April 29, 1997
- 32 -
Item VI-I. 11.
ORDINANCES
ITEM # 42047
Upon motion by Vtce Mayor Sessoms, seconded by Council Lady Strayhorn, Ctty Council ADOPTED:
Ordinances to authorize:
a. License Refunds in the amount of $5,252.00
b. Special Tax Refunds in the amount of $15,322.30
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A Baum, Linwood O. Branch, III, Harold Heischober, Barbara M
Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf
Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M
Strayhorn
Council Members Vottng Nay:
None
Council Members Absent:
William W. Harrison, Jr.
April 29, 1997
FOI~IM NO C;A II~V 3/11
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 certrfication
of the Commismoner of the Revenue are hereby approved
NAME LICENSE DATE BASE
YEAR PAID
PENALTY INTEREST
TOTAL
V~nc~guerra, Albert N
4047 T~mber R~dge D.ve
Va Beach VA 23455
17th Street Paper Plus Inc
876 V~rg~n~a Beach Blvd
Va Beach VA 23451
1997 '" 03-07-97
1997 O3-O4-97
24 8O
87 84
24 80
87 84
Th~s ordinance shall be effective from date of
adoption.
The above abatement(s) totahng $112 64
of the C~ty of V~rg~n~a Beach on the
29
Cerbhed as to Payment
~....~---Rb~ert P Vaugh~n
Commismoner of the Revenue
Approved as to form
L"e~li~ L Lille~"
City Attorney
were approved by the Council
day of April
,19q")
Ruth Hodges Smwth
City Clerk
FOF~I NO ¢ A I ~V 3/~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following applications for license refunds, upon cert~ficabon
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE
YEAR PAID
PENALTY INTEREST
TOTAL
Sultan, HC/Casmrn SS/Sultan J
63 West Fountain Head Dr 104
Westmont IL 60559
Taco Bell Corporation
PO Box 2947
W~ch~ta KS 67201
T~dewater Medical Group
1080 F~rst Colomal Road
Va Beach VA 23454
Vaughn Guy A
5524 Odessa Dnve
Va Beach VA 23455
1995 Audit 1,155 63
1995-96 AudIt 813 71
1995-96 Audit 248 37
1994-95 Audit 18 00
Th,s ordinance shall be effecbve from date of
adoption.
The above abatement(s) totahng $2,235.71
of the C~ty of V~rg~n~a Beach on the
29
1,155 63
813 71
248 37
18 00
Certrfied as to Payment
/~~C o mem~, sPsioV~rg ho~nh~eve n u e
Approved as to form
~--~'sf~e L Lil~ ~
City Attorney
were approved by the Councd
day of April
Ruth Hodges Smith
C~ty Clerk
I
FORM NO C A lB I~l[V 31~6
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
NAM E LICENSE DATE BASE
YEAR PAID
PENALTY INTEREST
TOTAL
AssocIates At Lynnhaven/Hdton
2209 Half Moon Crescent
Va Beach VA 23454
Automatic Speclahtles Inc
501 London Bridge Rd 104
Va Beach VA 23454
Benton, Robert D II
4036 Inverness Dnve
VA Beach VA 23452
Chnstopher Rene Compames Inc
707 Baldwin Ave
Norfolk, VA 23517
1994 Audit 2,787 08
1997 03-18-97 66 90
1994-95 Audit 19 05
1995-96 Audit 30 62
Th~s ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $2,903 65
of the C~ty of V~rg~n~a Beach on the 29
2,787 08
66 9O
19 O5
3O 62
Certihed as to Payment
~-~t'0"bert P Vaugha~___~
Commissioner of the Revenue
Approved as to form
Le"~l,~ L L,II~
C~ty Attorney
were approved by the Council
day of Aprzl
Ruth Hodges Smith
C~ty Clerk
FORM NO CA IIIRL~ ~ ~
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
YEAR PAID
PENALTY INTEREST
TOTAL
Atlantic Salvage Specialties Inc
3021 Lynnhaven Dnve
V~rg~ma Beach VA 23451
B & A Vending Inc
P O Box 4031
Va Beach VA 23454
Burlage Corporation
P O Box 255
Va Beach VA 23458
Dannemann, Laura M
813 Seaw~nds Lane
V~rglma Beach VA 23451
1994-96 Audit
1995-96 Audit
1994-96 BL Audit
ST Audit
1994-97 Audit
Th~s ordinance shall be effective from date of
adoption
The above abatement(s) totahng $229 79
of the C~ty of V~rgm~a Beach on the 29
42 00
42 00
91 47
91 47
46 51
981
46 51
981
40 O0
40 00
Certified as to Payment
~..Rob~rt P Vaughan ~
Commissioner of the Revenue
Approved as to form
~--~sl{e L L~I~ ~
City Attorney ~
were approved by the Council
day of Aprzl
,19 97
Ruth Hodges Smith
City Clerk
FO~ NO C A I REV 3~ ~
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
YEAR PAID
PENALTY INTEREST
TOTAL
Essex F~rst Mortgage Corp
Essex Mortgage Corp
9 Koger Center S-200
Norfolk VA 23502
F~rst Home Care Inc
1100 F~rst Colomal Road
Va Beach VA 23454
Forsythe Caulking Co
P O Box 6795
Portsmouth VA 23703
GBF Contact Lenses Inc
2984 S Lynnhaven Rd 103
Va Beach VA 23452
1994-96 Audit 6,380 00
1994-96 Audit 87 92
1994-96 Audit 3,159 59
1993-96 AudIt 80 00
1995-97 Audit 455 03
Th~s ordinance shall be effective from date of
adoption
The above abatement(s) totaling $10,162.54
of the C~ty of V~rg~n~a Beach on the
29
6,380 O0
87 92
3,159 59
8O 00
455 03
Certihed as to Payment
bme~,sPsioVna~rg~hhe Revenue
Approved as to form
(-L'"~li~ L Lill~~~
City Attorney
were approved by the Counc,I
day of April
,19q"l
Ruth Hodges Smith
City Clerk
I
FOIIIM NO C A II I~[V 311~
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
YEAR PAID
PENALTY INTEREST
TOTAL
Gretz Herb G
1206 Laskm Road 201
Va Beach VA 23451
Hair People Ltd The
5454 Old Prowdence Road
Va Beach VA 23464
Hall Auto World Inc
615 Lynnhaven Parkway
Va Beach VA 23452
1995-96 Audit 83 69
1996-97 Audit 591 09
1995-96 Audit 556 85
83 69
591 O9
556 85
Th~s ordinance shall be effective from date of
adoption
The above abatement(s) totaling $1,231.63
of the C~ty of V~rgm~a Beach on the 29
Cerhfled as to Payment
~obert P Vaugh~)-
Commissioner of the Revenue
Approved as to form
'~st~e L Li~ -- ./
City Attorney
were approved by the Council
day of April
,19o,-)
Ruth Hodges Smith
C~ty Clerk
FOR~ NO CA eREV ~
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
YEAR PAID
PENALTY INTEREST
TOTAL
Jean N~cole Inc
P O Box 566
Warnngton PA 18976
Lewa, Jose H
5510 Old Guard Crescent
Va Beach VA 23462
Lockamy, Ronald L Jr
P O Box 5430
Va Beach VA 23455
Mend~an Psychotherapy, Inc
4616 Westgrove Court
Va Beach VA 23455
1995-96 Audit 349 65
1994 Audit 34 33
1996 Audit 35 00
1994-96 Audit 414 84
Th~s ordinance shall be effective from date of
adoption
The above abatement(s) totahng $833.82
of the C~ty of V~rg~n~a Beach on the 29
349 65
34 33
35 00
414 84
Certified as to Payment
Commissioner of the Revenue
Approved as to form
(.be~lfe-L Li'iiey Lj/ City Attorney
were approved by the Councd
day of April
,1 94{'-/
Ruth Hodges Smrth
C~ 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
YEAR PAID
PENALTY INTEREST
TOTAL
C~ty F~nance Corp
8900 Grand Oaks C~rcle
Tampa FL 33637
Incredible Itahan Inc
6052 Prowdence Road 101
Va Beach VA 23464
James E Schwenk DDS PC
5920 Woodhaven Court
Va Beach VA 23464
Independent L~ghtmg Corp
873 Seahawk C~rcle
VA Beach VA 23452
1996 Audit 1,168 87
1995-96 BL Audit 556 46
ST Audit 61 61
1996 Audit 968 52
1995-97 Audit 797 44
Th~s ordinance shall be effective from date of
adoption
The above abatement(s) totahng $3,552 90
of the C~ty of V~rg~n~a Beach on the 29
1,168 87
556 46
61 61
968 52
797 44
Cerhhed as to Payment
aughan
Commissioner of the-Revenue
Approved as to form
L~"~li~ L Lille~-' ~
City Attorney
were approved by the Council
day of April
,19q'?
Ruth Hodges Smith
City Clerk
FORUM NO CA IREV ~
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
cerhfication of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE
YEAR PAID
PENALTY INTEREST
TOTAL
Josh Enterpnses Inc
2728 N Mall Dr~ve S110
Va Beach VA 23452
1995-96 Audit
Old Donation Maintenance Serv Inc
1853 Old Donation Parkway 1995-96
Va Beach VA 23454
Vakos, Mark (Peyton Corp)
801 W~ndom Place
Va Beach VA 23454
1995-96
Schwegler, Walter F
1005 Staceywood Court
Va Beach VA 23452
1995-96 Audit
Audit 177 73
BL Audit 195 08
ST Audit 139 36
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $1,482 25
of the C~ty of V~rg~ma Beach on the 29
88 00 88 00
177 73
195 08
139 36
882 08 882 08
Certified as to Payment
~"~----~----R-~-obert P Vaughan v~enu
Commissioner of the e
Approved as to form
L~J'~ i e" L L, Ile~
City Attorney
were approved by the Council
day of ^przl
,19cl')
Ruth Hodges Smith
Cmty Clerk
- 33 -
Item VI-J.
PUBLIC HEARING
ITEM # 42048
PLANNING
Mayor Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1. NO ACTION ITEM DEFERRED B Y PLANNING COMMISSION
MILES B. LEON
VARIANCE
2. LAWRENCE/4. SANCILIO, RACHEL V. SANCILIO, STREET CLOSURE
LENA SANCILIO, MA URICE STEINGOLD, LEWIS B. STEINGOLD
and SIGNET BANK/VIRGINIA, TRUSTEES UNDER THE WILL
OF ISRAEL STEINGOLD
$. ATRIA COMMUNITIES, INC.
MODIFICATION OF A
CONDITIONAL USE PERMIT
4. VENCOR, INC.
CONDITIONAL USE PERMIT
$. CITY OF VIRGINIA BEACH, PUBLIC WORKS/
PARKING SYSTEMS MANAGEMENT
CONDITIONAL USE PERMIT
6. 0 VERtIOL T TR US T
JOSEPH 0 VERHOL T, TR US TEE
WILLIAM J. AND MILLIE J. OVERHOL T,
IRREVOCABLE TRUST
CONDITIONAL CHANGE OF
ZONING
CONDITIONAL USE PERMIT
7. R. S. DICKSON AND COMPANY
CHANGE OF ZONING
April 29, 1997
- 34 -
Item VI-J.
PUBLIC HEARING
ITEM # 42049
PLANNING B Y CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council APPROVED
in ONE MOTION Items 4, 5, 6, 7 and 8 of the PLANNING B Y CONSENT Items.
Item J. 2 was DEFERRED BY CONSENT for an additional 180 days (10/28/97)
Item J. 6. a. was REFERRED BACK TO THE PLANNING COMMISSION B Y CONSENT.
Item J. 6. b. was WITHDRA VeTV B Y CONSENT.
Item J. 7. was DEFERRED BY CONSENT until the City Council Session of May 13, 1997
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, HaroM Heischober, Barbara M
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf
Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Loutsa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
William W. Harrison, Jr.
April 29, 1997
- 35 -
Item VI-J. 1.
PUBLIC HEARING
ITEM # 42050
PLANNING
City Council TOOK NO ACTION:
Application of MILES B. LEON for a Variance to Section 4.4(b) of the
Subdivision Ordinance re creation of two (2) lots not meeting lot widths
on Watersedge Road, Parcel 7, Parkview Manor (LYNNHAVEN
BOROUGH).
This item was deferred by the Planmng Commission and wdl be
scheduled for a future City Counctl agenda.
April 29, 1997
- 36-
Item VI-J.2.
PUBLIC HEARING
PLANNING B Y CONSENT
ITEM # 42051
Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council AUTHORIZED,
BY CONSENT, an ADDITIONAL 180-DAY DEFERRAL (to October 18, 1997). Ordinance for
discontinuance, closure and abandonment in the Petition of LA WRENCE A.. SANCILIO, RACHEL V.
SANCILIO, LENA SANCILIO, MA URICE STEINGOLD, LEWIS B. STEINGOLD and SIGNET
BANK/VIRGINIA, Trustees under the Will of Israel Steingold:
Application of Lawrence A. Sancilio, Rachel V Sancilio, Lena Sanctho,
Maurice Steingold, Lewis B. Steingold and Signet Bank/Virginia, Trustees
under the Will of Israel Steingold for the discontinuance, closure and
abandonment of the following streets:
Wagner Street' Beginning at the southern boundary of Bonney Road and
running in a southerly direction a distance of 1096 feet more or less to
the northern boundary of the Virgmta Beach-Norfolk Expressway.
First Street: Beginning at the western boundary of Avenue E and runntng
in a westerly direction a distance of 349 78feet.
Avenue E' The western 25.01feet, beginning at a point 200feet south of
First Street and runntng tn a southerly direction a distance of 214 67feet
to the northern boundary of the Virginia Beach-Norfolk Expressway
L YNNHA YENBOROUGH
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, HaroM Heischober, Barbara M
Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf,
Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M
Strayhorn
Council Members Voting Nay:
None
Council Members Absent.
William W. Harrison, Jr.
April 29, 1997
-37-
Item VI-.L3.
PUBLIC HEARING
ITEM # 42052
PLANNING B Y CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Counctl APPROVED
the application of ATRIA COMMUNITIES, INC. for a modi. ficatton to a Conditional Use Permtt
(approved 11 February 1997)for an assisted living and retirement housing factlity.
ORDINANCE UPON APPLICATION OF ATRIA COMMUNITIES, INC.
FOR A CONDITIONAL USE PERMIT FOR AN ASSISTED LIVING
RETIREMENT HOUSING R02972099
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Atria Communities, Inc. for a Conditional
Use Permit .for an assisted living & retirement housing facihty on the
north stde of Old Donation Parkway, beginning at a potnt 1011 65 feet
east of First Colonial Road. Said parcel contains 5.1 acres.
L YNNHA VENBOROUGH
The Conditional Use Permit shah be modified to allow 112 units rather than 110 untts as originally
approved.
The submitted colored rendering, on file with the Planmng
Department, shah be substantially adhered to except that brick
accents, acceptable to the Planning Director, shah be
incorporated on the exterior. The submitted color samples
showing beige siding, whtte trtm and a dark gray roof shah
also be adhered to.
.
The submitted site plan and landscape plan entitled "Atrta
Communities Development Stte Layout "and "Atria Communtttes
Development Landscaping Plan" by Mel Smith and Assoctates,
dated 12-06-96, shah be substantially adhered to.
.
An automatic sprinkler system and automatic fire alarm,
meeting the approval of the Fire Marshall and the Fire
Protection Engineer, are required.
4. A mtnimum of sixty (60) parktng spaces, as shown on the
submitted plan, is required
5. Van transportation, as proposed by the applicant, shah be
provided to the residents.
6.
The sign shah be monument-style and substantially as shown on
the submitted sign plan dated 12-06-96 The height of the
service entrance stgn must be reduced to thirty inches (30") to
meet code requirements.
7. A portion of the gravel fire lane will be improved wtth a
smooth surface suitable for a walkway.
April 29, 1997
- 38 -
Item VI-J. 3.
PUBLIC HEARING
ITEM # 42052 (Continued)
PLANNING B Y CONSENT
Voting:
10-0 (By ConsenO
Council Members Voting Aye.
John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf
Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
William W. Harrison, Jr
April 29, 1997
- 39-
Item VI-J. 4.
PUBLIC HEARING
ITEM # 42053
PLANNING B Y CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council ADOPTED the
Ordinance upon application of VENCOR, INC. for a Conditional Use Permit'
ORDINANCE UPON APPLICATION OF VENCOR, INC. FOR A
CONDITIONAL USE PERMIT FOR A NURSING HOME EXPANSION
R04972111
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Vencor, Inc. for a Conditional Use Permit
for a nursing home expansion at the northeast corner of Bonney Road
and South Budding Avenue. Said parcel is located at 4142 Bonney Road
and contains 5 acres. KEMPSVILLE BOROUGH.
The following condition shall be required:
1. The development shah substantially adhere to the submitted site
plan and landscape plan on .file tn the Planmng Department.
This Ordinance shah be effective in accordance with Section 107 09 of the Zoning Ordtnance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the. Twen_ty-ntnth of Aprtl Nineteen
Hundred and NinetF-Seven.
Voting:
10-0 (By ConsenO
Council Members Voting Aye.
John A. Baum, Ltnwood O. Branch, IlL Harold Hetschober, 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:
William W. Harrison, Jr
Aprtl 29, 1997
- 40 -
Item VI-J. 5.
PUBLIC HEARING
ITEM # 42054
PLANNING B Y CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council ADOPTED the
Ordinance upon application of THE CITY OF VIRGINIA BEACH, PUBLIC WORKS/PARKING
SYSTEMS MANAGEMENT, for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA
BEACH, PUBLIC WORKS/PARKING LOT R04972112
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of The City of Virginia Beach, Public
Works/Parking Systems Management, for a Conditional Use Permit for
a commercial/municipal parking lot at the southeast corner of Atlantic
Avenue and Laskin Road. Said parcel is located at 3003 Atlantic Avenue
and contains 1.03 acres. VIRGINIA BEACH BOROUGH
The following conditions shah be required:
The Conchtional Use Permit is approved for a period of one
year. It is the recommendation of the Planntng Commission that
the Conditional Use Permtt not be renewed administratively.
2. The hours of operation for the parlang facility shah be limited
to 8. O0 A.M. to 10:00 P.M.
This Ordinance shah be effective in accordance wtth Section 107 Of) of the Zoning Ordinance.
Adopted by the Council of the City of Vtrginia Beach, Virginia, on the TwentF-mnth of April Nineteen
Hundred and NinetF-Seven.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf
Nancy K. Parker, Vice Mayor WiHtam D. Sessoms, Jr. and Loutsa M
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
William W. Harrison, Jr.
April 29, 1997
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?I-J. &
/BLIC HEARING
ITEM # 42055
PLANNING B Y CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council REFERRED
BACK TO THE PLANNING COMMISSION Ordinance upon applicatton re JOSEPH OVERItOLT,
TRUSTEE 0 VERIIOL T TRUST; AND ALLO WED WITHDRAWAL of an Ordinance upon apphcation
of WILLIAM J. and MILLIE J. OVERtIOLT, IRREVOCABLE TRUST, for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF JOSEPH OVERHOLT,
TRUSTEE OVERHOLT TRUST FOR A CONDITIONAL CHANGE OF
ZONING DISTMCT CLASSIFICATION FROM R-lO TO B-2
Ordinance upon application of Joseph Overholt, Trustee Overholt Trust
for a Conditional Change of Zoning District Classification from R-10
Residenttal District to Conditional B-2 Communtty Business Distrtct on
certain property located at the southwest corner of Lynnhaven Parkway
and Salem Road. The proposed zoning classtfication change to B-2 is for
commercial land use. The Comprehensive Plan recommends use of this
parcel for suburban medium residential at densities that are compatible
with smgle faintly use in accordance with other plan pohcies. Said
parcel contains 15 acres. KEMPSVILLE BOROUGH
A N D, ALLOWED WITHDRAWAL:
ORDINANCE UPON APPLICATION OF WILLIAM J. & MILLIE J
OVERHOLT IRREVOCABLE TRUST FOR A CONDITIONAL USE
PERMIT FOR MINI-WAREHOUSES AND AN AUTOMOBILE SER VICE
STATION
Ordinance upon application of William J. & Millie J. Overholt
Irrevocable Trust for a Conditional Use Permit for mini-warehouses and
an automobile service station on certatn property located at the southwest
corner of Lynnhaven Parkway and Salem Road Said parcel contatns
13 78 acres. KEMPSVILLE BOROUGH.
Voting'
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Ltnwood 0 Branch, III, Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf
Nancy K. Parker, Vtce Mayor William D. Sessoms, Jr. and Loutsa M
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
William W. Harrison, Jr.
April 29, 1997
- 42 -
Item VI-J. 7.
PUBLIC HEARING
ITEM # 42056
PLANNING B Y CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, Ctty Council DEFERRED
until the City Council Session of May 13, 1997, the Ordinance upon application orR. S. DICKSON &
COMPANY for a Change of Zoning District Classification'
ORDINANCE UPON APPLICATION OF R. S. DICKSON & CO FOR
A CHANGE OF ZONING DISTRICT CLASSIFICA TIONFROM A-12 to
RT-3
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of R S. Dickson & Co, for a Change of
Zoning District Classification from A-12 Apartment District to RT-3
Resort Tourist Dtstrict on property located at the southwest intersectton
of 30th Street and Arctic Avenue The proposed zoning classtficatton
change to RT-3 is for resort/tourist land use. The Comprehensive Plan
recommends use of this parcel for suburban htgh density restdential at
densities that are compatible with single family use in accordance with
other Plan policies. Said parcel contains 32,328 square feet. VIRGINIA
BEACH BOROUGH.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,
Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
William W.. Harrison, Jr.
April 29, 1~7
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Item VI-K.I.
APPOINTMENTS
ITEM # 42057
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
Kathleen M. Carter
Two Year Term
07/01/97- 06/30/99
AND, REAPPOINTED:
A. James DeBellis
Angel L. Morales
Diane B. Murdock
Two Year Terms
07/01/97- 06/30/99
AR TS AND HUMANITIES COMMISSION
Voting: I0-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, HaroM Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf
Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay.
None
Council Members Absent:
William W. Harrison, Jr.
April 29, 1997
- 44 -
Item VI-K.2.
APPOINTMENTS
ITEM # 42058
Upon NOMINATION by Vice Mayor Sessoms, City Councd APPOINTED'
Cecelia T. Tucker
Unexpired thru 12/31/97
plus 3 year term ending 12/31/2000
COMMUNITY SER VICES BOARD
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~
Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
William W. Harrison, Jr.
April 29, 1997
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Item VI-K.$.
APPOINTMENTS
ITEM # 42059
Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED:
Leroy Michael Butler
Edward L. Hamm
Helen V. Preti
Sylvia N. Primm
Shewling M. Wong
Two Year Terms
06/01/97 thru 05/31/99
MINORITY BUSINESS CO UNCIL
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Hetschober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf
Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Loutsa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Wdliam W. Harrison, Jr.
April 29, 1997
- 46 -
Item VI-K. 4.
APPOINTMENTS
ITEM # 42059
BY CONSENSUS, Ctty Council RESCHEDUI, ED the following APPOINTMENT:
MEDICAL COLLEGE OF HAMPTON ROADS
April 29, 1997
-47-
Item VI-L.I.~
NE W BUSINESS
ITEM # 42060
ADD-ON
Upon motion by Councilman Branch, seconded by Vice Mayor Sessoms, City Councd ADDED TO THE
AGENDA:
Resolution to request the Virginia Beach Development Authority to
solicit proposals for the development of its property located at 31st Street
on the Oceanfront, consistent with its prime location; requiring a
successful proposal to include open space for use by the General Public
and requesting the Development Authority expedite the sohcitation
process so that the property can be developed by 1 June 1998 or as soon
thereafter as posstble. (Sponsored by Councilman Linwood 0 Branch,
III)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, HaroM Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo.ff,
Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
William W. Harrison, Jr.
April 29, 1997
I
- 48 -
Item VI-L.I.b.
NEW BUSINESS
ADD-ON
ITEM # 42061
Upon motion by Councilman Branch, seconded by Vice Mayor Sessoms, City Counctl ADOPTED:
Resolution to request the Virginia Beach Development Authority to
solicit proposalsfor the development of its property located at 31st Street
on the Oceanfront, consistent with its prime location; requtring a
successful proposal to include open space for use by the General Pubhc
and requesting the Development Authority expedite the solicitatton
process so that the property can be developed by 1 June 1998 or as soon
thereafter as possible. (Sponsored by Councilman Linwood O. Branch,
III)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0 Branch, III,, Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,
Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
William W. Harrison, Jr.
April 29, 1997
Requested by Councilmember Linwood O. Branch III
A RESOLUTION REQUESTING THE VIRGINIA
BEACH DEVELOPMENT AUTHORITY TO SOLICIT
PROPOSALS FOR THE DEVELOPMENT OF ITS
PROPERTY LOCATED AT 31ST STREET ON THE
OCEANFRONT CONSISTENT WITH ITS PRIME
LOCATION AND REQUIRING A SUCCESSFUL
PROPOSAL TO INCLUDE OPEN SPACE FOR USE
BY THE GENERAL PUBLIC
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WHEREAS, in October of 1988, the Virginia Beach
Development Authority ("Development Authority") purchased a prime
parcel of real estate located at 31st Street on the Oceanfront (the
"Property");
WHEREAS, since it was purchased, the Property has
remained vacant for long periods of time and, at other times, has
been used on a temporary basis as a parking lot, a carnival site,
a staging area for parades and other events, and the site for a
portable ice skating rink;
WHEREAS, none of these temporary uses constitutes optimal
use of the Property;
WHEREAS, it is the opinion of City Council that the
Development Authority should not continue to lease the Property, or
otherwise permit it to be used, for temporary purposes but,
instead, should pursue a permanent development and use of the
Property consistent with its prime location; and
WHEREAS, pursuant to the recommendation of the Resort
Area Advisory Commission, and in accordance with sentiments
expressed by members of the general public, it is also the opinion
of City Council that a development plan for the Property should
include open space for use by the general public as a park or
similar public recreational area.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That City Council hereby requests the Virginia Beach
Development Authority to solicit proposals for the development of
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the Authority's property located at 31st Street on the Oceanfront
consistent with its prime location; and
2. That the City Council further requests that the
Development Authority include in such solicitation criteria
requiring a successful proposal to include, as an integral part of
the development plan, open space for use by the general public as
a park or similar recreational area.
BE IT FURTHER RESOLVED:
That City Council hereby requests the Development
Authority to expedite the solicitation process so that the Property
can be developed by June 1, 1998, or as soon thereafter as
possible.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 29 day of April 1997
, ·
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CA-6625
ORDIN\NONCODE\ 31ST1. RES
R-1
PREPARED: 04/23/97
- 49-
Item VI-N.
ADJOURNMENT
ITEM # 42062
Mayor Meyera E. Oberndorf DECLARED the City Counctl Meeting ADJOURNED at 2'47 P M
· Hooks, CMC/AAE
Chief Deputy City Clerk
Ruth Hodges Smtth, CMC/J~4E
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Yirginia
AFTER ADJOURNMENT, City Council RECONVENED the FY 1997-98 OPERATING BUDGET/FY
1997-98/2002-3 CAPITAL IMPROVEMENT PROGRAM WORKSHOP IN THE CITY COUNCIL
CONFERENCE ROOM AND RECESSED AT 4:40 P.M.
April 29, 1997
Item VI-N.
- 50 -
ADJOURNMENT
# 42062
Mayor Meyera E Oberndorf DECLARED the City Counctl Meeting ADJOURNED at 2 47 P.M
Beverly 0 Hooks, CMC/AAE
Chtef Deputy Ctty Clerk
Ctty Clerk
Mayor
City of Vtrgtnia Beach
Vtrgtnta
AFTER ADJOURNMENT, Ctty Counctl RECONVENED the FY 1997-98 OPERATING BUDGET/FY
1997-98/2002-3 CAPITAL IMPROVEMENT PROGRAM WORKSHOP IN THE CITY COUNCIL
CONFERENCE ROOM AND RECESSED AT 4:40 P.M.
April 29, 1997