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HomeMy WebLinkAboutMARCH 2, 1993 MINUTESCity of Virg; i rZ is 13c 1 i "WORLD'S LARGEST RESORT CITY" ITY COUNCIL 11-11 OR MEI' ERA E OBERNDORF 4t Largc A IC E MAYOR WILL/AM D SESSOMS JR At Large JO11\ -1 BAL / Bla kuater Borough LJ NIA OOD 0 BRANCH 111 V rginia Beach Borough J )AILS U BRAZIER JR Lvnnhartn Borough ROBERT 1l CLYBLRN Kempsidle Borough ROBERT k DEAN Princess Anne Borough 101_ IS R JONES Batade Borough 1L1 1 L 4NTEIGNE Pungo Borough IOH\ D 40SS At Large \4.\C} h PARKER At Large J -1)dE S K SPORE City Manager LE LIE L LILLE} Cats Attorno, Pl 7I HODGES SMITH CMC AAE Cm Clerk I. CITY COUNCIL WORKSHOP CITY COUNCIL AGENDA MARCH 2, 1993 281 CITY HALL BUILDING MUNICIPAL CENT ER VIRGINIA BEACH VIRGINIA 23456 9005 1804) 427 4303 - Council Chamber - 9:00 AM A. NEW CHALLENGES / NEW OPPORTUNITIES / NEW DIRECTIONS WHITE PAPERS SUMMARY OF FIVE-YEAR BUDGET FORECAST OPTIONS E. Dean Block, Director, Management and Budget B. PENDING ITEMS UPDATE C. FUTURE WORKSHOP AGENDA II. INFORMAL SESSION A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION III. FORMAL SESSION A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Donald Williams First Baptist Church - Council Chamber - 1:00 PM - Council Chamber - 2:00 PM C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS - February 23, 1993 1 G. ORDINANCE 1. Ordinance authorizing sale of Parcel Al at the intersection of Baxter Road and Independence Boulevard (Centre Pointe Office Park) to Integrated Systems Control, Inc.; and, the City Manager is authorized to execute the Agreement of Sale on behalf of the City and transfer the proceeds of sale to the Economic Development Investment Program Account (Project 2-141). H. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Ordinance authorizing the City Manager to invite bid proposals on a parcel of City -owned property for lease of a portion of Princess Anne Park, containing approximately fifty-five (55) acres to be utilized as a soccer field complex. 2. Ordinances authorizing temporary encroachments into a portion of the City's right-of- way known as First Colonial Road, North of the NorfolkNirginia Beach Expressway (LYNNHAVEN BOROUGH) to: a. Taco Bell Corp. b. T.B.LD. Corp., d/b/a Hot N' Now . 3. Resolutions authorizing the City Manager to execute Cost Participation Agreements re construction of sewer facilities (CIP 6-018 - Phase II): a. Runnymede Corporation re Rosemont Commerce Park. The City's cost -share will be $27,700. (LYNNHAVEN BOROUGH) b. Gainsborough Corporation of North Carolina re Glenwood Phase 6A. The City's cost -share will be $29,057. (KEMPSVILLE BOROUGH) c. Tate Terrace Realty Investors, Inc. re Glenwood Pump Station #2. The City's cost -share will be $26,557. (KEMPSVILLE BOROUGH) I. APPOINTMENT FRANCIS LAND HOUSE BOARD OF GOVERNORS J. UNFINISHED BUSINESS K. NEW BUSINESS 1. COUNCIL -SPONSORED ITEMS: a. Ordinance, for review and scheduling, to require Developers to include noise abatement measures with new residential construction and other noise -sensitive developments. (Sponsored by Mayor Meyera E. Oberndorf and Council Member Robert W. Clyburn) L. ADJOURNMENT * * * * * * * * * * CITY COUNCIL RESCHEDULED April 6, 1993, Formal Session to April 20, 1993, at 2:00 PM * * * * * * * * * * SCHEDULE FY 1993-1994 OPERATING BUDGET TUESDAY, MARCH 30, 1993 12:00 NOON (City Council Special Session) Council Chamber THURSDAY, APRIL 15, 1993 **PUBLIC HEARING** Green Run High School THURSDAY, MAY 4, 1993 **PUB UC HEARING** Council Chamber ********** 7:00 PM 7:00 PM If you are physically disabled, hearing or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM 2/25/93m1m AGENDA\3-2-93.itm MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 2, 1993 Mayor Meyera E. Oberndorf called to order the CITY COUNCIL WORK SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, March 2, 1993, at 9:00 A.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss and Mayor Meyera E. Oberndorf City Council Members Absent: Nancy K Parker (OUT OF CITY) Vice Mayor William D. Sessoms, Jr. (ENTERED: 11:18 A.M.) 2 ITEMS OF CITY COUNCIL 9:00 A.M. ITEM # 36555 Councilman Moss referenced the COIG (Community Organization Incentive Grants) Meeting on Saturday, February 27, 1993. The Meeting commenced at 8:00 A.M. and adjourned at 4:00 P.M with an initial review of twenty—two (22) applications. The requests totaled approximately $853,000 with funds available in the amount of $215,000. The next meetings are scheduled for Wednesday and Thursday, March Third and Fourth at the Pavilion commencing at 5:00 P.M. The Executive Directors from the various groups will be addressing questions relative their applications. The COIG requested assistance as to the preliminary notification to all applicants prior to the Budget being made public. Should the COIG notify each agency regarding their preliminary application for that specific agency or just notify them of a total request for $853,000 and only an allocation of $215,000 available. Councilman Moss requested City Council's advice. There is a surplus this year in the account. Approximately $9,000 is available from one applicant previously allocated funds and no longer eligible. The Commission would like to have that $9,000 to allocate this year to two groups that have requests for capital equipment. Councilman Dean advised part of the aforementioned funding comes from the TIDEWATER AIDS TASK FORCE. This organization has undergone tumultus times; however, Virginia Beach is third in the state in number of cases of Aids. Therefore, leadership must be provided. ITEM # 36556 Councilman Moss referenced the failure of a local developer to repay federally—guaranteed mortgage loans on certain residential properties within the City, such loans are in imminent danger of foreclosure. In the event of foreclosure, according to the article, the Department of Housing and Urban Development would require the eviction of tenants occupying the properties unless such tenants are granted special exemptions enabling them to continue to reside in their homes until the property is sold. Mayor Oberndorf requested the City Attorney draft a Resolution concerning this item for today's Formal Session, March 2, 1993. ITEM # 36557 Councilman Dean advised he was unable to attend the Virginia Dare Soil and Water Conservation Meeting in Chesapeake last Friday, February 26, 1993. Councilman Baum advised he wrote Congressman Picket informing him of plans to close the Soil Conservation Service Field Office in Virginia Beach. This has been announced in several farm publications and SCS personnel have discussed the closing with the directors of the Virginia Dare Soil and Water Conservation District. The City of Virginia Beach has provided first—class office space to SCS since 1945 without cost. The only apparent cost savings to the SCS is the monthly phone bill. Copies of Councilman Baum's correspondence were distributed to all Members of City Council and are hereby made a part of the record. March 2, 1993 1 3 ITEMS OF CITY COUNCIL (Continued) ITEM # 36558 The City Manager referenced the Pending Items List. The City Manager advised the "Bureaucracy" is processing items faster than the policy body and there is a "log jam" developing for City Council in terms of dealing with many of these issues possibly because of the time involved with the White Papers. Councilman Moss referenced correspondence from the City Manager regarding the Lake Holly Dredging for $400,000. Councilman Moss requested information relative the criteria for a maintenance project versus a new capital project. The City Manager will prepare a briefing on the aforementioned criteria. ITEM # 36559 Councilman Lanteigne requested information relative the General Assembly's action regarding the State Budget. The City Manager advised the major item would be the salary issues. As soon as the figures are receive4 a package will be developed and forwarded to City Council. Councilman Clyburn referenced the 3.1% for education and inquired as what this equates to in dollars concerning the City's budget for the schools. ITEM # 36560 Mayor Oberndorf referenced letters concerning the amusement taxes relative the charter boats and requests to have the tax removed or at least frozen at 2 112%. ITEM # 36561 Councilman Moss inquired if there is a health care tax, would this tax apply to municipalities as an employer. In the event there is such a tax, should a contingency be made in the budget process in order to pay this tax. ITEM # 36562 Councilman Dean expressed concern relative the CARE program under Sheriff Drew and its possible disbanding. Councilman Moss believed the centralized staff functions were being moved into the precincts consistent with the community policing. This would be a way of increasing police presence on the street and minimizing fulltime police positions in a staff capacity. Councilman Lanteigne advised the emphasis initially was placed on a few specialized officers geared only to perform this particular function. Now the philosophy seems to be this should not be the job of only one specially trained officer, but the goal of every officer to be part of a neighborhood policing package, so that it will be much more efficient and effective. March 2, 1993 5 ITEM # 36564 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, March 2, 1993, at 11:50 A.M. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K Parker March 2, 1993 1 6 ITEM # 36565 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 purposes: 1. PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344(A)(1). To -Wit: Appointments - Boards and Commissions: Francis Land House Board of Governors Performance Evaluations - Council Appointees 2. PUBLICLY -HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly -held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). To -Wit: Agenda Item G.1 - Baxter Road/Independence Boulevard Property 3. LEGAL MATT RS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344 (A) (7). To -Wit: City v. Adams Outdoor Advertising, Inc. and Chesapeake Beach Volunteer Fire Company, Inc. Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K Parker March 2, 1993 1 7 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL March 2, 1993 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, March 2, 1993, at 2:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Absent: Nancy K Parker INVOCATION: Reverend Ted James Associate Pastor First Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA March 2, 1993 1 Item III—E.1. CERTIFICATION OF EXECUTIVE SESSION 8 ITEM # 36566 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Robert K Dean and Nancy K Parker March 2, 1993 RI!iIntu IU1U 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 # 36565, Page No. 8, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 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. 4R th Hodges S ith, CMC/AAE City Clerk March 2, 1993 1 9 Item IV -E.1. MINUTES ITEM # 36567 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of February 23, 1993. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W Clyburn, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Robert K Dean and Nancy K Parker March 2, 1993 1 - 10 - Item III -G.1. ORDINANCE ITEM # 36568 Upon motion by Councilman Jones, seconded by Councilman Moss, City Council ADOPTED: Ordinance authorizing sale of Parcel Al at the intersection of Baxter Road and Independence Boulevard (Centre Pointe Office Park) to Integrated Systems Control, Inc.; and, the City Manager is authorized to execute the Agreement of Sale on behalf of the City and transfer the proceeds of sale to the Economic Development Investment Program Account (Project 2-141). Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Robert K Dean and Nancy K Parker March 2, 1993 1 AN ORDINANCE AUTHORIZING SALE OF 3+ 2 ACRES OF CITY -OWNED PROPERTY AT 3 INTERSECTION OF BAXTER ROAD AND 4 INDEPENDENCE BOULEVARD TO INTEGRATED 5 SYSTEMS CONTROL, INC. 6 WHEREAS, in 1986, the City of Virginia Beach purchased 7 20.425 acres of land at the intersection of Baxter Road and 8 Independence Boulevard as part of the Baxter Road Flyover Project; 9 WHEREAS, after the transfer of two (2) acres to the State 10 for right-of-way, approximately 18 acres of property remained; 11 WHEREAS, in 1988, the City formed a committee to study 12 the potential uses of the remaining property; 13 WHEREAS, in March of 1989, the committee recommended that 14 the property be rezoned; 15 WHEREAS, on June 29, 1989, City Council adopted a 16 resolution authorizing and directing the Director of the Department 17 of Economic Development to submit a rezoning application to the 18 Planning Commission to rezone the property from I-2 and B-2 to B-3; 19 WHEREAS, in November of 1989, the City purchased an 20 additional 6.06 acres of land to add to the existing 18 acres for 21 the purpose of creating a buffer between the property and adjacent 22 residential areas; 23 WHEREAS, following a series of meetings with the civic 24 leagues of such areas, the City submitted a rezoning application to 25 the Planning Commission in December of 1990; 26 WHEREAS, the application was approved by the Planning 27 Commission on March 13, 1991, and by the City Council on April 23, 28 1991; 29 WHEREAS, the property has subsequently been marketed by 30 the Department of Economic Development as Centre Pointe Office 31 Park; 32 WHEREAS, during the past three (3) months, the Department 33 has negotiated and reached an agreement with Integrated Systems 34 Control, Inc., for the sale of Parcel Al in Centre Point Office 35 Park, consisting of 3.085 acres, for $95,000 per unencumbered acre 36 (approximately 2.6 acres of property unencumbered by drainage and 37 other easements); and 38 WHEREAS, based on the significant contribution of ISC to 39 the local economy and the desire to have them remain in the City, 40 the Department has strongly recommended that City Council approve 41 the sale of Parcel Al to ISC. 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 43 OF VIRGINIA BEACH, VIRGINIA: 44 That City Council hereby authorizes the sale of Parcel Al 45 in Centre Pointe Office Park to Integrated Systems Control, Inc., 46 subject to the terms and conditions set forth in the Agreement of 47 Sale which is attached hereto. 48 BE IT FURTHER RESOLVED: 49 That the City Manager is authorized to execute the 50 Agreement of Sale on behalf of the City. 51 BE IT FURTHER RESOLVED: 52 That the City Manager is hereby authorized to transfer 53 the proceeds of the sale of Parcel Al to the Economic Development 54 Investment Program Account (Project 2-141). 55 Adopted by the Council of the City of Virginia Beach, 56 Virginia, on the 2 day of March , 1993. 57 CA -5024 58 ORDIN\NONCODE\INTEG.ORD 59 R-3 60 PREPARED: February 22, 1993 2 .PPQOVED AS TO C3 :1 L J oto• /ro\. THIS AGREEMENT OF SALE, Made at Virginia Beach, Virginia, on the day of , 1993, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, hereinafter "Landowner," party of the first part, and INTEGRATED SYSTEMS CONTROL, INCORPORATED, a Virginia corporation, hereinafter the "Purchaser," party of the second part. WITNESETH: In consideration of the covenants and agreements of the respective parties herein set forth and in further consideration of the sum of TWENTY THOUSAND DOLLARS ($20,000.00), cash in hand paid, the receipt of which is hereby acknowledged, Landowner hereby agrees to sell and Purchaser hereby agrees to purchase the following described property (hereinafter the "Property"), to -wit: All that certain lot, piece, or parcel of land lying, situate, and being in the City of Virginia Beach, Virginia, containing approximately 3.085 acres of total site land area, and known, numbered and designated as "PARCEL Al " on the attached Conceptual Master Plan for Centre Pointe, dated February 16, 1993, prepared by Williams, Tazewell and Associates, a copy of which is attached hereto as Exhibit "A," and made a part hereof, to which reference is hereby made for a more particular description. 1. The purchase price for the Property is NINETY-FIVE THOUSAND DOLLARS ($95,000.00) per unencumbered acre, which purchase price shall be prorated for any part of an acre conveyed, and is payable as follows: . The purchase price for the Property is Cifr THOUSAND DOLLARS ($95 acre, which purchase price shall for any part of an acre conveyed, and is payable as a. Payment of TWENTY THOUSAND DOLLARS ($20,000.00), in cash or by certified check, as deposit upon execution of this Agreement; and b. Payment of balance of purchase price in cash or by certified check due and payable at settlement. Payment is to be made in lawful money of the United States of America. Prior to settlement, Landowner shall prepare for recordation a final approved subdivision plat showing the Property and the amount of acreage to be conveyed. 2. Landowner agrees to deliver to Purchaser at settlement a deed with General Warranty and with English Covenants of Title and to convey title to the Property, in fee simple, clear of all liens, encumbrances, and restrictions which would prevent Purchaser's allowed use of the Property, subject, however, to those certain "COVENANTS, RESTRICTIONS AND CONDITIONS PROFFERRED PURSUANT TO SECTION 107(h) OF THE ZONING ORDINANCE OF THE CODE OF THE CITY OF VA BEACH, VIRGINIA" (hereinafter "Proffers), specified in paragraph 6 hereof, and subject to any and all other recorded easements and regulations of record at the time of settlement. Landowner shall convey title at closing to Integrated 2 Systems Control, Incorporated, a Virginia corporation, or to an assignee approved by Landowner pursuant to paragraph 17 of this Agreement. 3 . Settlement proceedings shall be conducted at Landowner's office at 780 Lynnhaven Parkway, Suite 350, Virginia Beach, Virginia, no later than NINETY (90) days after the date of this Agreement or at such other place and time as may be mutually agreed upon in writing by Purchaser and Landowner. No extension of time for settlement shall be effective without written agreement of Landowner. 4. If any title objections are made by Purchaser, Landowner shall have a reasonable time to cure the objections and to show good and marketable title. If title to the Property is defective and the defects in title are not cured by Landowner as herein provided, Purchaser shall be entitled to rescind this Agreement and to recover all funds deposited by it on account of this Agreement. Such right shall be exclusive of any other rights or remedies of Purchaser. 5. Time is expressly declared and agreed to be of the essence of this Agreement. If Purchaser fails or refuses to pay the balance of the purchase price and to accept title, as herein provided, at the time of settlement, Landowner shall be entitled, as its exclusive remedy, to rescind this Agreement and to retain the amount deposited with this Agreement as liquidated damages for the breach thereof and for loss of development costs. 3 6. This Agreement and any conveyance of the Property are made EXPRESSLY SUBJECT to the Proffers entitled "COVENANTS, RESTRICTIONS AND CONDITIONS PROFFERRED PURSUANT TO SECTION 107(h) OF THE ZONING ORDINANCE OF THE CODE OF THE CITY OF VA BEACH, VIRGINIA," a copy of which is attached hereto and made a part hereof as Exhibit "B," and which shall be duly recorded separately by Landowner and/or incorporated within the deed conveying the Property; provided, however, that any amendment to the Proffers shall not prevent or otherwise limit Purchaser's allowed use of the Property as of the date of, and in accordance with, this Agreement. Purchaser agrees that the Proffers are to be made a part of any lease agreement for lease of improvements constructed upon the Property; and said lease agreement shall be executed by Purchaser and, lessee prior to occupancy. 7. Landowner warrants and represents that, to the best of its knowledge, there are no existing or pre-existing environmental hazards or soil conditions on the Property that would preclude or otherwise limit Purchaser's ability to develop the Property in accordance with the terms and conditions of this Agreement. Purchaser shall have thirty (30) days from the date of execution of this Agreement to conduct an environmental hazards and soil condition inspection (hereinafter the "Inspection Period") of the Property. If Purchaser determines during the Inspection Period that a hazard or condition 4 exists on the Property that would preclude or otherwise limit the Purchaser's ability to develop the Property in accordance with the terms and conditions of this Agreement, Purchaser shall be entitled to rescind this Agreement and to recover all funds deposited by it on account of this Agreement. Purchaser agrees to indemnify and hold Landowner harmless from and against all claims, loss, liability, costs, and expenses of whatever nature arising out of the activities of Purchaser or its agent(s) on the Property during said Inspection Penod. 8. Landowner shall be responsible for and shall pay any and all costs associated with the design, installation, and maintenance of required public off-site infrastructures, including water and sewer lines, roads, street signs, lighting, curb and gutters, sidewalks, landscaping, and retention ponds. All public off-site infrastructure will be completed in coordination with the issuance of an occupancy permit for Purchaser's facility to be constructed on the Property. 9. Landowner warrants and represents that there will be no cross access through the Property, except as otherwise shown on Exhibit A. 10. Landowner agrees to install a traffic light at the intersection of Baxter Road and Road A (to be named later) at such time as the City of Virginia Beach Department of Traffic Engineering determines that the volume of traffic warrants a need for the light. 5 11. Landowner agrees to allow Purchaser to utilize water in existing retention ponds located on the Property for on-site irrigation purposes. 12. Landowner agrees that it will approve no curb cuts on or street access from Baxter Road to Centre Pointe except as shown on Exhibit A. 13. Landowner agrees to seek input from, and work closely with, Purchaser on the ultimate property and deed restrictions which will be recorded for the present and future development of Centre Pointe, including restrictions and uniformity related to landscaping, street treatments, architecture, open space, pedestrianways, sign control and design, amenities, site design, and aesthetic treatments for loading and dumpster facilities. 14. Landowner warrants and represents that it will not rezone the parcels shown on Exhibit A from B-3 to another zoning classification without providing Purchaser notice of its intent to rezone the property and the right to comment thereon. 15. Landowner agrees to coordinate the Installation of electricity, telephone, gas, water, and sewer service to the Property. 16. Landowner agrees to complete construction of the through -road as shown on Exhibit A within six (6) months of the date that Centre Pointe reaches fifty percent (50%) of buildout. 17. This Agreement shall not be assigned, hypothecated, or otherwise disposed of without the previous consent in writing of Landowner. 6 No assignment of this Agreement by Purchaser shall be effective without the written approval and acceptance of Landowner on the instrument of assignment. Approval of an assignment shall not be withheld if the assignment is to a partnership or corporation which is majority owned and controlled by Integrated Systems Control, Incorporated. Any attempted assignment or transfer in violation of the foregoing provisions may at Landowner's option be deemed a default by Purchaser under this Agreement; and Landowner may pursue such remedy or remedies as may be available to it for material breach by Purchaser. 18. Prior to settlement and as a condition thereof, the Purchaser shall submit to Landowner for its approval architectural renderings displaying the proposed exterior sections of any structure to be erected on the Property and three copies of each of the following plans: Site plans, building plans, sign plans, and landscaping plans. Said renderings and plans shall not thereafter be altered or changed without the prior, written approval of Landowner. In the event that architectural renderings, site plans, building plans, sign plans, and landscaping plans cannot reasonably be completed pnor to settlement, Landowner may waive approval as a condition of settlement, but in no event shall the Purchaser begin any construction or landscaping activity upon the Property until said renderings and plans shall have been approved by Landowner. Landowner agrees not to unreasonably withhold approval or consent wherever required herein. * 7 *Purchaser has no obligation to settle until approval of plans listed in #18 are received. 19. Purchaser agrees to maintain the Property free and clear of any unsightly debris and regularly mowed. 20. Landowner shall prepare the deed to Purchaser; and Purchaser shall pay all recording costs and taxes, except grantor's tax. 21. No waiver by Landowner of any breach by Purchaser, or any extension of the due date of any payment hereunder, or the acceptance by Landowner of the payment after its due date shall in any way operate as a waiver of any breach or failure of Purchaser thereafter occurring; and the same shall not thereafter affect the right of Landowner to declare a forfeiture hereunder or pursue any other remedy afforded to it by the terms of this Agreement, at law or in equity, by reason of any subsequent act or omission of Purchaser. 22. The covenants and agreements in paragraphs 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, and 19 herein shall survive settlement. 23. The parties hereto agree that no broker brought about the intended sale of the Property described herein. 24. This Agreement is conditioned upon a bank's approval of Purchaser's financing arrangements. If Purchaser's financing arrangements are not approved, Purchaser shall be entitled to rescind this Agreement and to recover all funds deposited by it on account of this Agreement. 8 IN WITNESS WHEREOF, the parties have executed this Agreement of Sale as of the date first above specified. CITY OF VIRGINIA BEACH BY City Manager ATTEST City Clerk INTEGRATED SYSTEMS CONTROL, INCORPORATED By 94,T1 -29. -4 - ATTEST: Secretary President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit I, , a Notary Public in and for the City and State aforesaid, do hereby certify that James K. Spore, City Manager for the CITY OF VIRGINIA BEACH, whose name as such is signed 9 to the foregoing Agreement of Sale, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 1993. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that Ruth H. Smith, City Clerk for the CITY OF VIRGINIA BEACH, whose name as such is signed to the foregoing Agreement of Sale, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this , day of 1993. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: I, Pamela H. Knight , a Notary Public in and for the City and State aforesaid, do hereby certify that Howard F. Sparks 10 President of INTEGRATED SYSTEMS CONTROL, INC . , whose name as such is signed to the foregoing Agreement of Sale, has acknowledged the same before me in the City of Virginia Beach, State of Virginia. GIVEN under my hand this /)74 i day of_i` , 1993. r /�? `V/( / /''7 Notary Public ; J My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: j, Pamela H. Knight , a Notary Public in and for the City and State aforesaid, do hereby certify that Christine Berry Secretary of INTEGRATED SYSTEMS CONTROL, INC . , whose name as such is signed to the foregoing Agreement of Sale, has acknowledged the same before me in the City of Virginia Beach, State of Virginia. GIVEN under my hand this /'-r' i:% day of .,.; r?z l_2• c ' 1993. RMB/RCP/rcp INTEG.AGS 01/26/93 7?/Y)(// Notary Public My Commission Expires: r)/-2f/i73 11 O < 0 C Q00000000 40CP A\C, H OF 000 <0 0 BARRY E MOSS7 0 00 <> <> 0 oGG�O£0 AgC'ck � 400000 CERTIFICATE NO g 6326 0 SCALE. 1"=100' FEB 16 1993 TOTAL SITE AREA PARCEL "A-1" 134,385.63 SQ FT. (3 085 ACRES) DRAINAGE EASEMENT AREA 28311.93 SQ FT UNENCUMBERED AREA PARCEL "A-1" 106,073 SQ FT. (2.435 ACRES) EXHIBIT "A" 1 Item III -H. CONSENT AGENDA ITEM # 36569 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council APPROVED in ONE MOTION Items 1, 2 and 3 of the CONSENT AGENDA: Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W Brazier, Jr., Robert W Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K Parker March 2, 1993 - 12 - Item III -H.1 CONSENT AGENDA ITEM # 36570 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance authorizing the City Manager to invite bid proposals on a parcel of City -owned property for lease of a portion of Princess Anne Park, containing approximately fifty-five (55) acres to be utilized as a soccer field complex. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K Parker March 2, 1993 1 2 3 4 5 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO INVITE BID PROPOSALS FOR THE LEASE OF A PARCEL OF CITY OWNED PROPERTY CONTAINING APPROXIMATELY 55 ACRES TO BE UTILIZED AS A SOCCER FIELD COMPLEX 6 WHEREAS, the City of Virginia Beach owns a 55 acre + parcel of undeveloped land adjacent to the southern boundary of the developed area of Princess Anne Park identified as "Proposed Soccer Complex" on the attached map; and WHEREAS, it is further deemed desirable to enter a lease for said purpose for a period of 20 years with two options to renew for successive 10 year periods for a potential total lease term of 40 years; and WHEREAS, the property described above located at Princess Anne Park shall be used for purposes and such matters as described in the attached lease. The lease contains the minimum provisions that must be met. A Master Plan to be labeled Exhibit A and a construction schedule to be labeled Exhibit C shall be attached to each lease proposal and prepared by each bidder; and WHEREAS, Section 15.1-307 of the Code of Virginia requires the City, after due advertisement, to receive bids publicly for any proposed lease of city owned property in excess of 5 years. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized and directed to invite bid proposals to enter a lease for the foregoing purposes and in accordance with the provisions of Section 15.1-307, et. seq. and existing city regulations and procedures. Adopted by Virginia, on the 2 the Council of the City of Virginia Beach, day of 32 CA -5029 33 ORDIN\NONCODE\soccer.ord 34 R-1 35 PREPARED: 02/19/93 March , 1993. APPROVED AS TO CONTENTS arc, 4. 1)aL /' SIGNATU:cE rk F ee('ilea-i o l•� DEPARTMENT APPROVED AS TO L ECAL SUFFICIENCY AND FORM CITY ATrtORNEY FCJiM NO. CM 2 rP'70:1710‘ -El:J.-till Policy Report VIRGINIA BEACH SOCCER COMPLEX BACKGROUND The development of a soccer complex has been brought to Council in two previous policy reports dated September 1, 1992 and November 25, 1992. In summary, the previous policy reports discussed the proposal from the Virginia Beach Soccer Joint Task Force, Inc. (VBSJTF); the bid process for development of a soccer complex; and, finally, discussed site location at Princess Anne Park and along Seaboard Road in Transition Area III. As a result of these reports Council approved a resolution December 1, 1992 as described below. Resolution endorsing Princess Anne Park as the site for development of a Soccer Complex; directing City Staff continue with issuance of requests for information to determine site availability in Transition Area III and report to City Council in ninety (90) days; and, further directing that City Staff be prepared to initiate the bid process for the lease of property upon submission of its report to Council on the feasibility of Transition Area III sites or as such other time as Council may direct. These tasks directed in the above Resolution have been completed and the status and results of each item are outlined below. REQUEST FOR INTEREST: TRANSITION AREA III A "Request for Interest: Aquisition of Property - Transition Area III" was advertised in the Virginia Beach Beacon on December 21, 1992, and January 3, 1993. In addition, the Request for Interest was individually mailed to 227 property owners in Transition Area III during the last week in December. Eleven property owners responded to the Request for Interest; nine of the properties are located in Transition Area III and two are located in Transition Area II. All of the properties responding were evaluated; three sites have been identified for potential recreation development, however, due to cost, location, and existing conditions these properties are not recommended for the development of a soccer complex. An evaluation matrix of all the properties responding to the Request for Interest has been prepared and is available for review by Council. Policy Report Virginia Beach Soccer Complex February 22, 1993 PUBLIC MEETING A public meeting was held on February 8, 1993 to provide information on the soccer complex and site alternatives and to ensure the public is clearly advised of the bid process for the lease of City property for the development of a soccer complex. The meeting was advertised on January 31, and February 7, 1993 in the Virginia Beach Beacon and the meeting was advertised on the Municipal Cable Channel. Approximately 35 people attended the meeting representing the Kempsville Boys Baseball League, Green Run Little League, and the soccer groups included in the VBJSTF. The attenders were advised of the process for the lease of City property for recreational purposes as well as the details and sites of the soccer complex proposal. In summary, there were no objections to the soccer complex and staff indicated a willingness to work with community groups to provide opportunities for the use of City property for recreational uses benefiting the youth of Virginia Beach. INVITATION TO BID As noted in the previous policy reports, City Staff has researched the bid process for the lease of City Property in excess of five years a bid is required as identified in section 15.1-308 through 15.1-314 of the Code of Virginia. The bid award must be made to the highest bidder that meets the specific intent of the ordinance. An ordinance for an invitation to bid which includes a lease agreement has been developed and approved by City Staff. The bid ordinance is attached and reflects the final recommendation of this policy report. RECOMMENDED COURSE OF ACTION Clearly, the additional investigation and research has indicated to continue with the development of a soccer complex within a reasonable time schedule and incur the least added cost to the City, Princess Anne Park is the recommended site. Officials from the VBSJTF have reviewed the sites identified through the Request for Interest and have indicated their preference for the Princess Anne Park site due to the superior access, public utility availability, and joint use development potential. Therefore it is recommended to proceed with designation of Princess Anne Park as the location for a soccer complex and initiate the bid process for a lease..agreement. The Parks and Recreation Advisory Commission has approved this recommendation as indicated in the attached letter. In addition, it is recommended Council approve the attached invitation to bid ordinance in order to initiate the bid for the lease of a portion of Princess Anne Park for the development of a soccer complex. 2 i Policy Report Virginia Beach Soccer Complex February 22, 1993 Submitted by: Approved by: 4.06144 tattlinL k15 NA Director of Parks and Recreation City Man � er Date: o?-aa- 93 ate: F4501p.ilida-9)1(193 3 FGRM NO. cm 2 P.P4*P.1(i'4 �J~4 ..�:.1�� (ifAr "L--* P Policy Report VIRGINIA BEACH SOCCER COMPLEX BACKGROUND The development of a soccer complex has been brought to Council in two previous policy reports dated September 1, 1992 and November 25, 1992. In summary, the previous policy reports discussed the proposal from the Virginia Beach Soccer Joint Task Force, Inc. (VBSJTF); the bid process for development of a soccer complex; and, finally, discussed site location at Princess Anne Park and along Seaboard Road in Transition Area III. As a result of these reports Council approved a resolution December 1, 1992 as described below. Resolution endorsing Princess Anne Park as the site for development of a Soccer Complex; directing City Staff continue with issuance of requests for information to determine site availability in Transition Area III and report to City Council in ninety (90) days; and, further directing that City Staff be prepared to initiate the bid process for the lease of property upon submission of its report to Council on the feasibility of Transition Area III sites or as such other time as Council may direct. These tasks directed in the above Resolution have been completed and the status and results of each item are outlined below. REQUEST FOR INTEREST: TRANSITION AREA III A "Request for Interest: Aquisition of Property - Transition Area III" was advertised in the Virginia Beach Beacon on December 21, 1992, and January 3, 1993 In addition, the Request for Interest was individually mailed to 227 property owners in Transition Area III during the last week in December. Eleven property owners responded to the Request for Interest; nine of the properties are located in Transition Area III and two are located in Transition Area II. All of the properties responding were evaluated; three sites have been identified for potential recreation development, however, due to cost, location, and existing conditions these properties are not recommended for the development of a soccer complex. An evaluation matrix of all the properties responding to the Request for Interest has been prepared and is available for review by Council. 1 Policy Report Virginia Beach Soccer Complex February 22, 1993 PUBLIC MEETING A public meeting was held on February 8, 1993 to provide information on the soccer complex and site alternatives and to ensure the public is clearly advised of the bid process for the lease of City property for the development of a soccer complex. The meeting was advertised on January 31, and February 7, 1993 in the Virginia Beach Beacon and the meeting was advertised on the Municipal Cable Channel. Approximately 35 people attended the meeting representing the Kempsville Boys Baseball League, Green Run Little League, and the soccer groups included in the VBJSTF. The attenders were advised of the process for the lease of City property for recreational purposes as well as the details and sites of the soccer complex proposal. In summary, there were no objections to the soccer complex and staff indicated a willingness to work with community groups to provide opportunities for the use of City property for recreational uses benefiting the youth of Virginia Beach. INVITATION TO BII) As noted in the previous policy reports, City Staff has researched the bid process for the lease of City Property in excess of five years a bid is required as identified in section 15.1-308 through 15.1-314 of the Code of Virginia. The bid award must be made to ihe highest bidder that meets the specific intent of the ordinance. An ordinance for an invitation to bid which includes a lease agreement has been developed and approved by City Staff. The bid ordinance is attached and reflects the final recommendation of this policy report. RECOMMENDED COURSE OF ACTION Clearly, the additional investigation and research has indicated to continue with the development of a soccer complex within a reasonable time schedule and incur the least added cost to the City, Princess Anne Park is the recommended site. Officials from the VBSJTF have reviewed the sites identified through the Request for Interest and have indicated their preference for the Princess Anne Park site due to the superior access, public utility availability, and joint use development potential. Therefore it is recommended to proceed with designation of Princess Anne Park as the location for a soccer complex and initiate the fid process for a lease agreement. The Parks and Recreation Advisory Commission has approved this recommendation as indicated in the attached letter. In addition, it is recommended Council approve the attached invitation to bid ordinance in order to initiate the bid for the lease of a portion of Princess Anne Park for the development of a soccer complex. 2 Policy Report Virginia Beach Soccer Complex February 22, 1993 Submitted by: 4064(1 &lattn,f, Director of Parks and Recreation Date: o?- as - 93 Approved by: 3 City Manage ate: E' QWQ lic03 DEPARTMENT OF PARKS AND RECREAIION (801) 471 5881 FAX (601) 471 2 430 City Vi I3ac1T1. February 18, 1993 Honorable Meyera E. Oberndorf, Mayor Honorable Members of Council Dear Council Members: 2 '89 1 YNNFIAVEN PARKWAY dlk(,IiJI LTA( I1 VIR(iIIJIA 23156 1499 The Parks and Recreation Advisory Commission endorses the development of a soccer complex in Virginia Beach. Soccer is a popular sport and enjoyed by many of our citizens and tourists. The City can benefit from the revenue that such a complex would generate. It is the consensus of the Commission that this complex be developed at Princess Anne Park. If we may be of any assistance to you, please let us know. Sincerely, ///1 "Pez-iz/ G. Garland Payne, Chairman Parks and Recreation Commission GGP/ksw cc: James K. Spore City Manager Susan D. Walston Director - Parks & Recreation 1 CITY OF VIRGINIA BEACH DEPARTMENT OF PARKS AND RECREATION SOCCER COMPLEX LEASE THIS AGREEMENT OF LEASE, hereinafter "Lease", made this day of , 1993, by and between the CITY OF VIRGINIA BEACH, a Virginia municipal corporation, (hereinafter "Landlord" or the "City"), and (hereinafter "Tenant"). PREAMBLE Benefits to the City from the development of a soccer complex include the increase in availability of soccer fields, which serve the largest participatory youth sport activity in the City of Virginia Beach, and the influx of tax revenues generated by visiting teams and their families which participate in such tournaments, and the exposure of the business and life style climate of the City of Virginia Beach to promote business expansion in the City. Development of the soccer complex is viewed as beneficial to amateur athletics in the City of Virginia Beach and to economic development, also, by virtue of the availability of first class soccer field facilities which demonstrates the City's commitment to providing recreational opportunities to its citizens. Construction, operation, and maintenance costs shall be funded by the Tenant. The cost and staffing associated with organization, administration, coaches, managers, equipment, field and building 1 1 maintenance shall be borne solely by the Tenant, and the City shall not bear any cost or responsibility in connection therewith. The Tenant shall have been in operation for a significant period of time and have a demonstrated ability to successfully organize, operate, and administer youth soccer activities on a large scale; and WHEREAS, in view of the mutual benefits expected to result therefrom, the City has reviewed the master plan (includes a phasing plan and cost estimates) for soccer field development as attached hereto as Exhibit A, and has agreed to lease the property described in Exhibit B and to allow the construction of the soccer field facility by the Tenant on terms and conditions as follows: W ITNESSET H: That for and in consideration of the sum of Dollars, the improvements identified in Exhibit A, the mutual benefits accruing or to be accrued to the above mentioned parties and other good and valuable consideration, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, the following described property: See attached Exhibit B for property description. This Lease is subject to all easements and restrictions of record and the following terms and conditions: 1. TERM. The initial term of this Lease shall be twenty years and will commence upon approval by City Council and full execution of this Lease in accordance with such approval and, 2 unless sooner terminated as hereinafter provided, shall expire on (the "initial term"). Provided further, that Tenant shall have the right to renew this Lease for two (2) successive ten (10) year terms, immediately subsequent to the initial term, provided Tenant is in substantial compliance with the covenants and obligations of Tenant as set forth herein at the time of each such renewal. 2. TERMINATION. Landlord shall be entitled to terminate this Lease without further obligation to Tenant, in the event Tenant fails to substantially complete the facility, as set forth in the Master Plan, as approved by the City and/or in the event that Tenant abandons active use and maintenance of the Property for the purposes intended by this Lease. The term "active use" as used in this paragraph shall include (i) scheduling and conducting league play; (ii) scheduling, administering and conducting tournaments; and, (iii) regular and proper maintenance of the fields, buildings and improvements. 3. COMPETITIVE BIDDING. This lease is contingent upon compliance with Sections 15.1-308 et. seq. of the Code of Virginia, 1950, as amended, which, in part, requiring public advertisement for solicitation of invitations to bid on the terms of this lease. Any duly submitted bid must have, as the stated purpose of the lease, a description of a master plan for development of the property as an athletic field complex, a projection of the cost of the improvements, and a projection of the commencement and completion dates for such improvements. In addition, all bids 3 1 shall identify the organizations and/or interest groups represented by the bidding entity and a statement setting forth a plan of administration for use and maintenance of the fields after improvements to the facility are completed. 4. IMPROVEMENTS. It is understood and agreed that the Tenant shall construct approximately fourteen (14) tournament size soccer fields on the premises. The fields may be equipped with irrigation systems, lighting systems, limited spectator seating, and the like. In addition to the foregoing, Tenant shall construct access roads and parking areas, as may be mutually agreed upon between Landlord and Tenant. Tenant shall undertake the sole cost and responsibility for grounds and field maintenance. Tenant shall be responsible for the cost of its own improvements in accordance with the Master Plan as approved by the Landlord. Landlord may, but is not obligated to, participate in the cost of improvements on the property. Tenant hereby stipulates that within twenty-four (24) months from the date the lease is formally approved by City Council, Tenant shall commence construction of all or a defined phased portion of the soccer field facility (hereinafter the "Facility"). Completion of the Facility shall be in accordance with the construction schedule attached hereto as Exhibit C, time being of the essence. Tenant represents that the cost and/or cost value of the Facility, when completed, shall be in the approximate range of One Million Five Hundred Thousand and 00/100 ($1,500,000.00) Dollars, 4 1 to Two Million Five Hundred Thousand and 00/100 ($2,500,000.00) Dollars. 5. CITY REVIEW. The Tenant shall submit design development and construction plans to the City for prior approval prior to the various stages of design and construction in accordance with the City's review guidelines and requirements. The City may require a surety and/or guaranty, in an amount set by the City and in form acceptable to the City Attorney. 6. USE OF DEMISED PREMISES. The demised premises, hereinafter "Premises", shall be used for amateur soccer and related activities only. All uses of the Premises shall be for the sole benefit of amateur soccer including but not limited to regularly scheduled league play and invitational tournaments. This provision shall not prevent tenant from scheduling occasional adult professional soccer matches or occasional adult national or regional team matches to take place at the Facility. Tenant shall not use the Premises for any purpose other than that hereinabove set forth, nor shall it commit or permit any nuisance to be created or maintained on the Premises, nor operate or knowingly permit the operation of any illegal acts thereon. Tenant may use the Premises or allow the Premises to be used between sunrise and 11:00 p.m. Tenant may charge admission for special events, from time to time, without prior approval of the Landlord or accountability to the Landlord for such admission receipts, except tax accounting, whenever appropriate. 5 1 It is expressly understood and agreed that all activities on the Premises are solely that of the Tenant. Tenant, in no way, represents or acts on behalf of the Landlord or any department thereof. 7. LANDLORD'S OBLIGATION TO REPAIR. Except as otherwise provided herein, Landlord shall have no duty whatsoever, to repair or maintain any structures, buildings, equipment, or areas of the demised premises. Tenant shall be responsible for the maintenance of the Premises, including, but not limited to, cutting grass, picking up trash, and repairs to equipment, fields and buildings that present a hazard and Tenant shall bear all expenses for said maintenance. 8. INDEMNIFICATION. Except as otherwise provided herein, Tenant shall indemnify Landlord against all liabilities, expenses, and losses incurred by Landlord as a result of (a) failure by Tenant to perform any covenant required to be performed by the Tenant hereunder; (b) any accident, injury, or damage which shall happen in or about the leased property or appurtenances thereto or resulting from the condition, maintenance or operation of the leased property. Tenant further agrees to defend, indemnify, and hold harmless the City of Virginia Beach, its employees, agents and volunteers from any and all liability and/or damages for injuries to persons or damage to property arising out of the acts or omissions of the Tenant, Tenant's agents or employees under this Lease. 6 1 9. INSURANCE. Tenant agrees to maintain and show proof of commercial general liability insurance including contractual liability and products and completed operations coverages in an amount not less than $1,000,000 combined single limit to respond to such liabilities as may arise out of Tenant's operations under this Agreement. 10. FIRE OR CASUALTY. Except as otherwise provided herein, in the event that the buildings or improvements on the Premises or any part thereof are damaged or destroyed by fire or other casualty, Landlord shall have no obligation to reconstruct the same. Tenant shall repair any such improvements within 12 months. 11. LANDLORD'S RIGHT OF USE. Tenant agrees that all fields and facilities will be made available to Landlord for scheduling special events not incompatible with the proper maintenance of the fields for soccer play. Requests shall be made in advance to Tenant and every reasonable effort shall be made by the Tenant to accommodate the City's requests. In addition, Landlord and its permitees shall have the right to use, along with Tenant, and its permitees, all restroom facilities on the Premises for the benefit of the public whenever such facilities are open to Tenant and its permitees. Notwithstanding any contrary provision contained herein, Landlord shall be responsible for routine maintenance when exercising its rights to joint use of the property as set forth herein. 7 Landlord retains the right of ingress and egress for itself, its agents and employees to all areas and Landlord shall have the right to enter into and upon said Premises, streets or areas adjacent thereto. Nothing contained herein shall prevent Landlord from permitting public access to the fields, when not otherwise in use for practices, matches, tournaments, field preparation or maintenance, for use by the public as passive recreational areas. 12. ADVERTISING, BANNERS, ETC. Except as hereinafter provided, all commercial advertising billboards shall be prohibited. The City recognizes, however, that the Tenant shall be soliciting funds from public and quasi -public sources, individuals and corporate/commercial enterprises in order to fund the development of the project. In this connection, the City recognizes that it may be beneficial, for the purpose of encouraging donations, to allow discrete commercial advertising in the form of recognition of those entities which have contributed significant sums to the development of the project. The City reserves the right to approve such recognition, which may take the form of commercial advertising, in terms of the form of such advertising, including size, color and placement of such advertising device. The City further recognizes that, from time to time, for special events or particular tournaments, one-time donations are made for that particular event. In this connection, the City shall allow banners or other temporary forms of advertisement or identification of corporate or commercial sponsors 8 to be displayed at such tournament or event, at such locations as may be approved by the City. The restriction against billboards or other commercial advertising shall not apply to the interior of any stadium facility which may become part of the master development plan for the complex, as approved by the Landlord. Although the City reserves the right to approve of the size and placement of such advertising media, the City recognizes that such billboard or other commercial advertisements may be included as part of fund raising in connection with such stadium facility. 13. CONCESSIONS. The Tenant shall have the right to operate concessions from time to time at the facility for league play tournaments, other special events and the like, without responsibility or liability to remit any portion of the proceeds of said concessions sales proceeds to the City. The Tenant shall comply with all state and local rules, regulations and ordinances, including but not limited to Health Department regulations and vending permit regulations in connection with the operation of said concessions. 14. TRADE FIXTURES, APPLIANCES AND EQUIPMENT. All trade fixtures, furnishings, appliances, equipment and other property placed on the Premises by Tenant shall remain the property of Tenant, with the right to remove the same during the term of this Lease, subject to Tenant's responsibility to restore the property to a condition satisfactory to Landlord. 9 1 15. UTILITIES. Tenant shall pay the cost of all electricity, gas, water, sewage disposal and other utilities used upon the Premises. Any easements granted for same shall be granted only for the term of the lease. 16. ASSIGNMENT AND SUBLETTING. It is understood and agreed that the Lease shall not be assigned or the Premises sublet without the express written consent of Landlord. 17. ALTERATIONS AND IMPROVEMENTS. All alterations, improvements and additions to the premises shall comply with all applicable building codes, ordinances and regulations and must be approved by the Landlord herein. Any such alterations, improvements or additions shall be at the sole expense of Tenant and Tenant shall indemnify Landlord against any expense or damage to the Premises as a result thereof. 18. MEMORANDUM OF LEASE. Tenant may, at its option, cause a memorandum of this Lease to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach. All expense for the preparation and recording of such memorandum of lease shall be borne by Tenant. Landlord agrees to execute such memorandum of lease upon the request of Tenant. Tenant agrees that at the termination of Lease, Tenant shall execute a release of said memorandum. 19. NOTICES. Any notice provide for or required by this Agreement shall be deemed to have been delivered on the date that such notice has been personally delivered or deposited in the U.S. Mail, first class, postage prepaid and addressed as follows: 10 1 To Landlord: To Tenant: City Manager Municipal Center Virginia Beach, VA 23456 20. SUCCESSORS AND ASSIGNS. The terms of this Agreement shall inure to the benefit of and be binding upon the parties hereto, their successors and assigns, as referenced in paragraph 16 above. WITNESS the following signatures and seals. (SEAL) CITY OF VIRGINIA BEACH, VIRGINIA Ruth Hodges Smith CITY MANAGER/AUTHORIZED CITY CLERK DESIGNEE OF CITY MANAGER STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , City Manager/Authorized Designee of the City Manager pursuant to Sec. 2-154 of the City Code of the City of Virginia Beach, whose name is signed to the foregoing writing, bearing date the day of , 1993, has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of , 1993. Notary Public My Commission Expires: 11 1 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , President, whose name is signed to the foregoing writing, bearing date the day of , 1993, has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of , 1993. Notary Public My Commission Expires: 12 1 - 13 - Item III-H.2a. CONSENT AGENDA ITEM # 36571 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance authorizing a temporary encroachment into a portion of the City's right-of-way known as First Colonial Road, North of the Norfolk/Virginia Beach Expressway (LYNNHAVEN BOROUGH) to Taco Bell Corp. The following conditions shall be required: 1. The owner agrees to remove the encroachment when notified by the city of Virginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr Council Members Voting Nay: None Council Members Absent: Nancy K Parker March 2, 1993 1 AN ORDINANCE TO AUTHORIZE 2 A TEMPORARY ENCROACHMENT 3 INTO A PORTION OF THE 4 RIGHT-OF-WAY OF FIRST 5 COLONIAL ROAD TO TACO 6 BELL CORP., ITS HEIRS, 7 ASSIGNS AND SUCCESSORS IN 8 TITLE 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 That pursuant to the authority and to the extent thereof 12 contained in Section 15.1-893, Code of Virginia, 1950, as amended, 13 TACO BELL CORP., doing business as Taco Bell, its heirs, assigns 14 and successors in title is authorized to construct and maintain a 15 temporary encroachment into the right-of-way of First Colonial 16 Road. 17 That the temporary encroachment herein authorized is for 18 the purpose of constructing and maintaining a freestanding sign and 19 that said encroachment shall be constructed and maintained in 20 accordance with the City of Virginia Beach Public Works 21 Department's specifications as to size, alignment and location, and 22 further that such temporary encroachment is more particularly 23 described as follows: 24 An area of encroachment into a 25 portion of the City's right-of-way 26 known as FIRST COLONIAL ROAD on the 27 certain plat entitled: "PROPOSED 28 PARCEL A-5 PROPERTY STANDING IN THE 29 NAME OF HILLTOP SQUARE ASSOCIATION 30 RESIDUAL PARCEL A-1 (MAP BOOK 108, 31 PAGE 11) AS SHOWN IN DEED BOOK 2445 32 PAGE 104, LYNNHAVEN BOROUGH, 33 VIRGINIA BEACH, VIRGINIA", revised 34 11/16/92 and as revised to show sign 35 location within the right-of-way, a 36 copy of which is on file in the 37 Department of Public Works and to 38 which reference is made for a more 39 particular description. 40 PROVIDED, HOWEVER, that the temporary encroachment herein 41 authorized shall terminate upon notice by the City of Virginia 42 Beach to any officer of Taco Bell Corp., its heirs, assigns and 43 successors in title and that within thirty (30) days after such 44 notice is given, said encroachment shall be removed from the City's 45 right-of-way of First Colonial Road and that Taco Bell Corp., its 46 heirs, assigns and successors in title shall bear all costs and 47 expenses of such removal. 48 AND, PROVIDED FURTHER, that it is expressly understood 49 and agreed that Taco Bell Corp., its heirs, assigns and successors 50 in title shall indemnify and hold harmless the City of Virginia 51 Beach, its agents and employees from and against all claims, 52 damages, losses and expenses including reasonable attorney's fees 53 in case it shall be necessary to file or defend an action arising 54 out of the location or existence of such encroachment. 55 AND, PROVIDED FURTHER, that the party of the second part 56 agrees to maintain said encroachment so as not to become unsightly 57 or a hazard. 58 AND, PROVIDED FURTHER, that this ordinance shall not be 59 in effect until such time that Taco Bell Corp. execute an agreement 60 with the City of Virginia Beach encompassing the aforementioned 61 provisions. 62 Adopted by the Council of the City of Virginia Beach, 63 Virginia, on the 2 day of March , 19 93 64 LDH/ggs 65 02/03/93 66 tacobell.ord 2 AK:RCA L . rj , Li C% ,_ V J'.I n r THIS AGREEMENT, made this 1st day of February, 1993, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, (Grantor), and TACO BELL CORP., doing business as Taco Bell, (Grantee), its assigns and successors in title. WITNESSETH: WHEREAS, it is proposed by the Grantee to construct and maintain a freestanding sign (hereinafter "Sign"), in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such Sign, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as First Colonial Road, and said Grantee has requested that the Grantor grant a temporary encroachment to facilitate such Sign within a portion of the City's right-of-way known as First Colonial Road. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the Grantor receipt of which is hereby acknowledged, the Grantor hereby grants to the Grantee a temporary encroachment to use a portion of the City's right-of-way known as First Colonial Road for the purpose of constructing and maintaining such Sign. It is expressly understood and agreed that such temporary encroachment will be maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval GPIN NO. 2407-87-3553 which approval shall be for the following described location: An area of encroachment into a portion of the City's right-of-way known as First Colonial Road as shown on that certain plat entitled: "PROPOSED PARCEL A-5 PROPERTY STANDING IN THE NAME OF HILLTOP SQUARE ASSOCIATION RESIDUAL PARCEL A-1 (MAP BOOK 108, PAGE 11) AS SHOWN IN DEED BOOK 2445 PAGE 104, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA", revised 11-16-92 and as revised to show sign location within the right-of-way, a copy of which has been submitted to the Grantor with an Application for Encroachment dated 1-8-93 and which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the Grantor to the Grantee, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's right-of-way known as First Colonial Road by the Grantee; and that the Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or -2- defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any other encroachment other than that shown on the above described plat. It is further expressly understood and agreed that the Grantee agrees to maintain said Sign unsightly or a hazard. Grantee further agrees from the Development Services within the right-of-way. It is further expressly understood and agreed that prior to insurance of a Highway permit, the Grantee or its contractor must post a Performance Bond and show proof of public liability insurance of a minimum of Three Hundred Thousand Dollars ($300,000.00). It is further expressly understood and agreed that the encroaching Sign shall not exceed thirty-two (32) square feet per face, shall not exceed two (2) faces, shall not exceed twelve (12) feet above the natural grade at the curb, and the base shall be landscaped as provided by the Virginia Beach Zoning Ordinance. SO as not be become to obtain the necessary permits Center prior to construction -3- It is further expressly understood and agreed that the H Grantor, upon revocation of such authority and thirty (30) days notice to the Grantee, may remove any such encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided bylaw for the collection of local or state taxes; may require the Grantee to remove such temporary encroachment; and after the thirty (30) day notice period, the Grantor may charge the Grantee compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee and if such removal shall not be made within the time specified above, the City may impose a penalty in the sum of One Hundred Dollars ($100.00), per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said TACO BELL CORP. has caused this Agreement to be executed in its corporate name and on its behalf by an authorized representative with due authority to act on behalf of the Corporation. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. -4- CITY OF VIRGINIA BEACH BY: I' (SEAL) ATTEST: City Manager/Authorized Designee of the City Manager CITY CLERK PETER A. BASSr Senior Vice President TACO BELL CORPORATION — By : 'N (TITLE) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: -7 ,APPROVED AS TO CONTE.NT k7d,Ks (, c4W W) f SIgNAT+URE (�dLQ DEPARTMENT I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER PURSUANT TO SECTION 2-154 OF THE CITY CODE, whose name is signed to the foregoing Agreement bearing date on the day of January, 1993, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of January, 1993. My Commission Expires: Notary Public Review -1 by MARK SCHAEFER Date -5- ALL-PURPOSE ACKNOWLEDGEMENT -'....1 STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) On / ,1993, before me, BARBARA M. V' • CIN. Notary Public CAPACITY CLAIMED BY SIGNER [_] INDIVIDUAL(S) 1 ORPORATE OFFICER(S) }/ Da _ Name, Title of Officer - E G , "Jane Doe, Notary Public Personally appeared c1 6 ea-°-.„-S) TT [—] PARTNER(S) [—] ATTORNEY-IN-FACT [—] TRUSTEE(S) [—] SUBSCRIBING WITNESS [—] GUARDIAN/CONSERVATOR [—] OTHER Name(s) of signer(s) [_] personally known to me OR [_] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscnbed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authonzed capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) * �t`r '• BARBARA M.VRA[N Witness my hand and official seal F.:-(�y COMM. M 967683 , ' A F1 NOTARY PUBLIC - =FORMA �r r - tronas County 11 ' �' rlwlt� My Comm Expire Jun.14,1996 i / %'1 l�ir,�, TACO BELL CORP. SIGNATURE OF NOTARY ATTENTION NOTARY: although the information requested below is OPTIONAL it could prevent the fraudulent attachment of this certificate to unauthorized documents THIS CERTIFICATE Title or Type of Document 6 --1-3-,-,,,--t- C5-%i>8 MUST BE ATTACHED Number of Pages Date of Document 2///fl TO THE DOCUMENT Signer(s) other than named above DESCRIBED AT RIG1IT © 1991 NATIONAL NOTARY ASSOCIATION — 8236 Remmet Ave — P O Box 7184 — Canoga Park, CA 91304-5184 AANOTARY.DOC STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the City of Virginia Beach, whose name is signed to the foregoing Agreement bearing date on the day of January, 1993, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of January, 1993. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , whose name is signed to the foregoing Agreement bearing date on the day of January, 1993, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of January, 1993. My Commission Expires: sll/docs/taco.agree -6- Notary Public 1 - 14 - Item III -H. 2b. CONSENT AGENDA ITEM # 36572 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance authorizing a temporary encroachment into a portion of the City's right-of-way known as First Colonial Road, North of the Norfolk/Virginia Beach Expressway (LYNNHAVEN BOROUGH) to T.B.L.D. Corp, d/b/a Hot N' Now. The following conditions shall be required: 1. The owner agrees to remove the encroachment when notified by the city of Virginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K Parker March 2, 1993 1 AN ORDINANCE TO AUTHORIZE 2 A TEMPORARY ENCROACHMENT 3 INTO A PORTION OF THE 4 RIGHT-OF-WAY OF FIRST 5 COLONIAL ROAD TO T.B.L.D. 6 CORP., ITS HEIRS, ASSIGNS 7 AND SUCCESSORS IN TITLE 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That pursuant to the authority and to the extent thereof 11 contained in Section 15.1-893, Code of Virginia, 1950, as amended, 12 T.B.L.D. CORP., doing business as Hot N Now, its heirs, assigns and 13 successors in title is authorized to construct and maintain a 14 temporary encroachment into the right-of-way of First Colonial 15 Road. 16 That the temporary encroachment herein authorized is for 17 the purpose of constructing and maintaining a freestanding sign and 18 that said encroachment shall be constructed and maintained in 19 accordance with the City of Virginia Beach Public Works 20 Department's specifications as to size, alignment and location, and 21 further that such temporary encroachment is more particularly 22 described as follows: 23 An area of encroachment into a 24 portion of the City's right-of-way 25 known as FIRST COLONIAL ROAD on the 26 certain plat entitled: "PROPOSED 27 PARCEL A-6 PROPERTY STANDING IN THE 28 NAME OF HILLTOP SQUARE ASSOCIATION 29 RESIDUAL PARCEL A-1 (MAP BOOK 108, 30 PAGE 11) AS SHOWN IN DEED BOOK 2445 31 PAGE 104, LYNNHAVEN BOROUGH, 32 VIRGINIA BEACH, VIRGINIA", revised 33 11/16/92 and as revised to show sign 34 location within the right-of-way, a 35 copy of which is on file in the 36 Department of Public Works and to 37 which reference is made for a more 38 particular description. 39 PROVIDED, HOWEVER, that the temporary encroachment herein 40 authorized shall terminate upon notice by the City of Virginia 41 Beach to any officer of T.B.L.D. Corp., its heirs, assigns and 42 successors in title and that within thirty (30) days after such 43 notice is given, said encroachment shall be removed from the City's 44 right-of-way of First Colonial Road and that T.B.L.D. Corp., its 45 heirs, assigns and successors in title shall bear all costs and 46 expenses of such removal. 47 AND, PROVIDED FURTHER, that it is expressly understood 48 and agreed that T.B.L.D. Corp., its heirs, assigns and successors 49 in title shall indemnify and hold harmless the City of Virginia 50 Beach, its agents and employees from and against all claims, 51 damages, losses and expenses including reasonable attorney's fees 52 in case it shall be necessary to file or defend an action arising 53 out of the location or existence of such encroachment. 54 AND, PROVIDED FURTHER, that the party of the second part 55 agrees to maintain said encroachment so as not to become unsightly 56 or a hazard. 57 AND, PROVIDED FURTHER, that this ordinance shall not be 58 in effect until such time that T.B.L.D. Corp. execute an agreement 59 with the City of Virginia Beach encompassing the aforementioned 60 provisions. 61 Adopted by the Council of the City of Virginia Beach, 62 Virginia, on the 2 day of March , 19 93 63 LDH/ggs 64 02/03/93 65 tbld.ord 2 APPROVED AS TO COON. v fieri_ --- THIS AGREEMENT, made this 1st day of February, 1993, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, (Grantor), and T.B.L.D., CORP., doing business as Hot N Now, (Grantee), its assigns and successors in title. WITNESSETH: WHEREAS, it is proposed by the Grantee to construct and maintain a freestanding sign (hereinafter "Sign"), in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such Sign, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as First Colonial Road, and said Grantee has requested that the Grantor grant a temporary encroachment to facilitate such Sign within a portion of the City's right-of-way known as First Colonial Road. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the Grantor receipt of which is hereby acknowledged, the Grantor hereby grants to the Grantee a temporary encroachment to use a portion of the City's right-of-way known as First Colonial Road for the purpose of constructing and maintaining such Sign. It is expressly understood and agreed that such temporary encroachment will be maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval GPIN NO. 2407-87-3463 which approval shall be for the following described location: An area of encroachment into a portion of the City's right-of-way known as First Colonial Road as shown on that certain plat entitled: "PROPOSED PARCEL A-6 PROPERTY STANDING IN THE NAME OF HILLTOP SQUARE ASSOCIATION RESIDUAL PARCEL A-1 (MAP BOOK 108, PAGE 11) AS SHOWN IN DEED BOOK 2445 PAGE 104, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA", revised 11-16-92 and as revised to show sign location within the right-of-way, a copy of which has been submitted to the Grantor with an Application for Encroachment, dated 1-8-93, and which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the Grantor to the Grantee, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's right-of-way known as First Colonial Road by the Grantee; and that the Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or -2- 1 defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any other encroachment other than that shown on the above described plat. It is further expressly understood and agreed that the Grantee agrees to maintain said Sign so as not be become unsightly or a hazard. Grantee further agrees to obtain the necessary permits from the Development Services Center prior to construction within the right-of-way. It is further expressly understood and agreed that prior to insurance of a Highway permit, the Grantee or its contractor must post a Performance Bond and show proof of public liability insurance of a minimum of Three Hundred Thousand Dollars ($300,000.00). It is further expressly understood and agreed that the encroaching Sign shall not exceed thirty-two (32) square feet per face, shall not exceed two (2) faces, shall not exceed twelve (12) feet above the natural grade at the curb, and the base shall be landscaped as provided by the Virginia Beach Zoning Ordinance. -3- H • It is further expressly understood and agreed that the Grantor, upon revocation of such authority and thirty (30) days notice to the Grantee, may remove any such encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided bylaw for the collection of local or state taxes; may require the Grantee to remove such temporary encroachment; and after the thirty (30) day notice period, the Grantor may charge the Grantee compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee and if such removal shall not be made within the time specified above, the City may impose a penalty in the sum of One Hundred Dollars ($100.00), per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said T.B.L.D., CORP., has caused this Agreement to be executed in its corporate name and on its behalf by an authorized representative with due authority to act on behalf of the Corporation. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. -4- ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ,1993,before me,BARBARA M. VRACIN, NotaryPublic •ns CAPACITY CLAIMED BY SIGNER LI INDIVIDUAL(S) , / CORPORATE "Ii • Yt-�- �it�-�• OFFICER(S) Date Name, Title of Officer - E G , "Jane Doe, Notary Public" Personally appeared TITLE(S) [_] PARTNER(S) [_] ATTORNEY-IN-FACT L] TRUSTEE(S) LI SUBSCRIBING WITNESS [_1 GUARDIAN/CONSERVATOR L] OTHER Names) of signer(s) personally known to me OR [_J proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, ecuted the instrument. BARBARA IA. VRACIN MQ '7.7.1e' . comm * 967683� * Witness my hand and official seal � NOTARY PUBLIC 33 - , orarga County i 4, my Comet, Wires Jun. 14.1996 -` v;42 -;--- SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTTrY0ES) SIGNATURE OF NOTARY ATTENTION NOTARY• although the information requested below is OPTIONAL it could prevent the fraudulent attachment of this certificate to unauthonzed documents. THIS CERTIFICATE Title or Type of Document /S-aoKo MUST BE ATTACHED Number of Pages ( Date of Document -?/, /93 TO THE DOCUMENT Signer(s) other than named above DESCRIBED AT RIGA T © 1991 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave - P 0 Box 7184 - Canoga Park, CA 91304-5184 k \NOTARY DOC CITY OF VIRGINIA BEACH BY: i(SEAL) ATTEST: City Manager/Authorized Designee of the City Manager CITY CLERK PETER A. BASSI' Senior Vice President T.B.L.D., CORPORATION, By: (TITLE) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: DEPARTMENT I, a Notary Public in and for the City and State aforesaid, do hereby certify that , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER PURSUANT TO SECTION 2-154 OF THE CITY CODE, whose name is signed to the foregoing Agreement bearing date on the day of January, 1993, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of January, 1993. I! ii Notary Public My Commission Expires: -5- Reviewed by MARK SCHAEFER Date 2fil�3 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the City of Virginia Beach, whose name is signed to the foregoing Agreement bearing date on the day of January, 1993, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of January, 1993. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , whose name is signed to the foregoing Agreement bearing date on the day of January, 1993, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of January, 1993. My Commission Expires: it d sll/docs/taco.agr.2 -6- Notary Public Nes-cva (►IL) ti14:6 rUi2101IIYO 3NlA)1( HY QIY)l 110A 10641 S ^^ 1139 � V ,...w Do. . to lel of arru>y WA T1r1i Y71,e 1 ID 14 e4• IOAW 111.3 Am* OW $140444 M v15a.eN s 1 u . l^7�f % . / "'a.,fi++a a1`�M l/tl.ea eM1p M - `♦d^'+ W `r'���"� 1 W �d `ve►L PW I�.0 M ter. o 01 �J OW NW1 d"n) t -v r”oJ W'Vrtl MI�/SoeeV ea Ly X11111'ZIC1 M woN .. 4 64W1 A3$1�1d 9._,, I•�d ISL r L = - O . ^ VX e 11 m CNi I a N 1 T. 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CONSENT AGENDA ITEM # 36573 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: Resolutions authorizing the City Manager to execute Cost Participation Agreements re construction of sewer facilities (CIP 6-018 - Phase II): a. Runnymede Corporation re Rosemont Commerce Park. The City's cost -share will be $27, 700. (LYNNHAVEN BOROUGH) b. Gainsborough Corporation of North Carolina re Glenwood Phase 6A. The City's cost -share will be $29,057. (KEMPSVILLE BOROUGH) c. Tate Terrace Realty Investors, Inc. re Glenwood Pump Station #2. The City's cost -share will be $26,557. (KEMPSVILLE BOROUGH) Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W Brazier, Jr., Robert W Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K Parker March 2, 1993 1 A RESOLUTION TO AUTHORIZE AND DIRECT THE CITY MANAGER TO EXECUTE A SEWER COST PARTICIPATION 3 AGREEMENT 4 WHEREAS, Runnymede Corporation, hereinafter referred to as "Owner", is 5 desirous of improving certain property in Rosemont Commerce Park in the Lynnhaven 6 Borough in accordance with the terms and conditions of the City ordinances; 7 WHEREAS, in order for the Owner to provide sewer service to the project 8 area, it is necessary for Owner to construct certain sewer facilities; 9 WHEREAS, the City has requested that such construction be greater in scope 10 than is necessary to provide service to customers other than those within the project 11 limits and to prevent the City from incurring additional costs at a later date; 12 WHEREAS, the City desires to enter into a cost participation agreement with 13 the City's share of costs at $27,700. 14 WHEREAS, funding for the City's cost as available from Project 6-018, 15 Various Sewer Projects - Phase II. 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 17 BEACH, VIRGINIA: 18 That the City Manager is hereby authorized and directed to execute a sewer 19 cost participation agreement with Runnymede Corporation for the construction of sewer 20 facilities. Said proposed agreements are hereby attached and approved. 21 This ordinance shall be effective on the date of its adoption. 22 23 Adopted by the Council of the City of Virginia Beach, Virginia on the 2 day of March 24 APPROVED £S • CONTENT: 25 26 27 Department of Publ 28 Z-1— et 3 29 Date Clarence Warnstaff ector c Utilities , 1993. JITY OF VIRGINIA BEACH D:PARTMENT OF PUBLIC UTILITIES COST PARTICIPATION AGREEMENT (SEWER) THIS AGREEMENT, Made this Aw, day of ,w L.. , 1992, by and between Runnymede Corporation hereinafter referred to as "Owner", and the CITY OF VIRGINIA BEACH, VIRGINIA, hereinafter referred to as the "City". WHEREAS, Owner is seized in fee simple of Rosemont Commerce Park ; and WHEREAS, Owner is desirous of improving the Project in accordance with the terms and conditions of the City ordinances and agrees to conform to said ordinances; and WHEREAS, in order for Owner to provide sewer service to this Project, it is necessary for Owner to construct certain sewer facilities; and WHEREAS, the City has requested that such construction be greater in scope than is necessary to provide service to this Project; and WHEREAS, such construction is of value to the City in providLng service to customers other than those within the Project limits; NOW, THEREFORE, in consideration of the mutual promises and benefits accruing hereto, the parties agree that: 1. Owner shall construct a sewer system (hereinafter the "System") according to plans and specifications approved by the Department of Public Utilities, a copy of which is on file with the Department. 2. The City shall make cash payment to Owner in the amount of Twenty- seven thousand, seven hundred ($27,700) after successful completion of the System and acceptance thereof by the City in accordance with approved plans and pricing schedule shown. 1 3 The City shall have the right at any time to make, connect, or permit the connection of any other sewer facility to the System. Any such connection may be at any point, and the City shall have the right at any time to use the System to serve persons within and without the Project limits. 4. Upon successful completion of the System and acceptance thereof by the City, Owner hereby agrees that the System, including but not limited to sewer connections, sewer mains, laterals, pipes, and all other facilities, shall be deemed dedicated to the City of Virginia Beach as of the date of the City's written acceptance thereof. 5. Owner shall indemnify and hold the City harmless from any and all liability of whatever nature arising out of the design, approval, construction and/or installation of the System providing that any such liability does not arrise out of the City's negligence. In the event any claim is made against the City, either independently or jointly with Owner, lessee, or purchaser on account hereof, the Owner at its sole cost shall defend the City against such claims. 6. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and assigns. 7. Upon execution of this Agreement, it shall be recorded by the City in the Clerk's Office of the Circuit Court of the City of Virginia Beach, at Owner's expense. IN WITNESS WHEREOF, the parties hereto have executed and sealed this Agreement as of the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA ATTEST: City Clerk ATTEST: (SEAL) Secretary (SEAL) APPROVED AS TO CONTENTS: ,(rja Department of Publi Utilities APPROVED AS TO FORM: City Attorney's Office BY City Manager/Authorized Designee of the City Manager DATE BY President DATE / 4 Do /29z CERTIFIED AS TO AVAILABILITY OF FUNDS: atfiad& /A404 Department of Finance (,n � J STATE OF `6rte CITY OF �� `t �h.� �— 4e_ I , C /' t C-k-v./Ct-S, a Notary Public in and for the City tJ and State aforesaid, do hereby certify and //kit ��- that /4th y� •�i(5�. , President and Secretary, respectively, of !- Pu4Q.A.L.?)-)%..41,_ Ccl,'whose names are signed to the writing above, bearing date of /147/Qc).- have acknowledged the same before me in my City and State aforesaid. Given under my hand this /20(4,_, day of ,Q , 1992. My Commission Expires: )CLA9L)k/O, /[1. (1"421 Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me by the City Manager/Authorized Designee of the City Manager of Virginia Beach, this day of , 1992. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me by Ruth Hodges Smith, City Clerk of the City of Virginia Beach, this day of , 1992. My Commission Expires: Notary Public 4 N -- � WI N J � � 4 Q C SO t ? - -- - 2 CC C3 09 cp9 1' r o9ti � 4 -S 'A,+4 i s HARTON cc , I 2 v AlV1aE RP cr - L`Q EQURGH mQs c NEYTF _ VIRGIN! z, 52 ROBBlN$ CT 0 SON 3 ROPf 1q car o� Mt<YNcY 'CC4��l y (A Q'� a ANSON 2 3�, .... 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' a„9°9 ` k„,I'%���9N Ws 1.Q9�,'o' o / Q� W 4ti�ARCHQ IR B mrar (o s,Sl ,' - —� a r `-- •°,7 `'<l 4 WA' ---1, /,S, �p4 `� JC, 09l ,ate RD !?69 O�'4`�'�'/ ca._ Q P` A4. s Fy �o Q, �� , °y fy0 ,��c:, 4! • C\P '�'2L M01� �1V}jY I e. • ' e+g9 k U 1 Z i I� `, '\4C 1 I ,F' ,4;21,\T;; 9 lEJo� MAFORD LA o 1, 1 4 , Fra 4 �,1;',',,,`14' P.\E,t'en d H r 1 e :•••11 2\,- se GRUMAN SO 1 . r r » j0SEGATE EAMON CT L r �_—a WARREN Pl 1 ' PL FRINCIS IND CT r ' • HOU 4r CT ORO F GRAVITY SANITARY SEWER=-v1eGIN� ---OVERSIZED BY AGREEMENT'S _ H4l8EH WAYNF = -�� BARRY S� p\\ 09 _- G4NTINI 4TAk \- --$----1\\' _ VAS. _ _,� \ ce,' r I, II _ �� cam, S ` % li�il�, Lr i: 9 OFF-SITE SEWER BENEFIT AREA o9v�o q r ,% I {�lITRf� =;,1, � � IRRY-� xr d S ,, J __'a , 1\ +C9 iq'sF \� �F \,z c �„�' IIS \A ``4 �°'ROPK \,3�,IIT �E 't",11. .,, : EXHIBIT SHOWING ROSEMONT �glcypo '�o 7 BENJAM , COMMERCE PARK AND OFF-SITE �; O,o �� HARRI$DN DRC 9 N `9 > r- ? , SEF qCF , `% yy�l, �$ICHI)RDcc . n N u SEWER BENEFIT AREA - �B( Cl i. EE E >.'T Cir O DR pR' BALSAM PINE s, CT nhaven ('I9 \ERc11I IIE 9,. ee '4' %NG CLUB ach Re Ctr- C PRING .EN CORRINE LA WAR[” Q.k GC - R G7-304 MLS 12/28/92 4 'laza Park q SCALE : 1" = 1600' MEA00VK@URM SMC H �� 1 MOUNT HO Y MUS 7 FC$$Y PO QUAY 3 HARBOR INGS TR SSIC LA HOII KEY v640` tr , _ - `ice! , 1 • ��G,t rWHITE BEAM CT o'erA. '" ' �tci„04y 9AFti l ��%I i &I,', n� m �,' . ! / = 0 2 =4V(�S CT` BqC \ ( o OPo9�G9 .r\ . G9.o1/ "mac; ��Q o B / ��,o�<� Q p o; �N V c�"\ % �Q; y y i�N U _C/3-41431--4---'-'5,„-',--_-_0 �' ` i �; CTS, `/9Cti 1 ARKANSAS C • -'�� SC f "' '�_ `/ll0 / O� �� o �C, \G .� ' ° Cl 2, ��� r 4�E 0 9 o 2 ALASKA CT I/ Z = ' Cy; o MAR = CAl � -\0,9-1--' qO�� ��..1 3 ARIZONA r� �� ���`�, _ ,Vfll �_h08Y �C N� lq WINDR� `�� MEFt10 ?� lG L� ;.� U- !. Cr 14.' . WAY,�iIv's Epi� \ FFd (\a�,moi'A�I_� TONE OR '\eNt,AA, \ y9F<`y � !. 5/ c>/i(), / 1 vat , �r o l�o 1.\ llc (! ICoIXIE�'iu� t� �o,444, l N1Sr' ERS meq. co JOHN H \CAr1TON \�y9\>.,? 1 A RESOLUTION TO AUTHORIZE AND DIRECT THE CITY 2 MANAGER TO EXECUTE A SEWER COST PARTICIPATION AGREEMENT 3 WHEREAS, Gainsborough Corporation of North Carolina, hereinafter referred 4 to as "Owner," is desirous of improving certain property in the Glenwood 5 Subdivision in the Kempsville Borough in accordance with the terms and conditions 6 of the City ordinances; 7 8 WHEREAS, in order for the Owner to provide sewer service to the project area, it is necessary for Owner to construct certain sewer facilities; 9 WHEREAS, the City has requested that such construction be greater in scope 10 than is necessary to provide service to customers other than those within the 11 project limits and to prevent the City from incurring additional costs at a later 12 date; 13 WHEREAS, the City desires to enter into a cost participation agreement with 14 the City's share of costs at $29,057.00; 15 WHEREAS, funding for the City's cost is available from Project 6-018 16 Various Sewer Projects- Phase II 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 That the City Manager is hereby authorized and directed to execute a sewer 20 cost participation agreement with Gainsborough Corporation of North Carolina for 21 the construction of sewer facilities. Said proposed agreements are hereby 22 attached and approved. 23 This ordinance shall be effective on the date of its adoption. 24 25 2 day of March , 19 93 Adopted by the Council of the City of Virginia Beach, Virginia on the APPROVED AS TO CONTENT: Clarence Warnstaff, Department of Public irector Utilities Date CITY OF VIRGINIA BEACH DEPARTMENT OF PUBLIC UTILITIES COST PARTICIPATION AGREEMENT (SEWER) THIS AGREEMENT, Made this 4.1 - day of (JU.2", 1992, by and between GAINSBOROUGH CORPORATION OF NORTH CAROLINA, a North Carolina corporation (hereinafter referred to as "Owner"), and the CITY OF VIRGINIA BEACH, VIRGINIA (hereinafter referred to as the "City"). WHEREAS, as a result of foreclosure on a land development loan made to Roundhill Development Corporation by First Union Mortgage Corporation ("FUMC"), the parent of Owner, Owner became seized in fee simple of property known as Glenwood Phase 6A (The "Project"); and WHEREAS, prior to reselling the Project, Owner assumed responsibility for improving the Project in accordance with the terms and conditions of the City ordinances, as evidenced by a Subdivision Agreement dated December 6, 1991 (the "Agreement") between Owner, the City and other parties named therein; and WHEREAS, it was necessary for sewer facilities to be constructed in order to provide sewer service to the Project, and such facilities were constructed with funds furnished by Owner's parent company prior to foreclosure; and WHEREAS, the City requested that such construction be greater in scope than is necessary to provide service to this Project; and 9302_1 1 WHEREAS, such construction is of value to the City in providing service to customers other than those within the Project limits; NOW, THEREFORE, in consideration of the mutual promises and benefits accruing hereto the parties agree that: 1. Owner and its affiliates have caused the construction of a sewer system (hereinafter the "System") according to plans and specifications approved by the Department of Public Utilities, a copy of which is on file with the Department. 2. The City shall make cash payment to Owner in the amount of $29,057.00 (twenty-nine thousand fifty-seven dollars) after successful completion of the System and acceptance thereof by the City in accordance with approval plans. 3. The City shall have the right at any time to make, connect, or permit the connection of any other sewer facility to the System. Any such connection may be at any point, and the City shall have the right at any time to use the System to serve persons within and without the Project limits. 4. Upon successful completion of the System and acceptance thereof by the City, Owner hereby agrees that the System, including but not limited to sewer connections, sewer mains, laterals, pipes, and all other facilities, shall be deemed dedicated to the City of Virginia Beach as of the date of the City's written acceptance thereof. 9302_1 2 1 5. Owner shall indemnify and hold the City harmless from any and all liability of whatever nature arising out of the design, approval, construction and/or installation of the System, providing that any such liability does not arise out of the City's negligence. In the event any claim is made against the City, either independently or jointly with Owner, Lessee, or purchaser on account hereof, the Owner at its sole cost shall defend the City against such claims. 6. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and assigns. 7. Upon execution of this Agreement, it shall be recorded by the City in the Clerk's Office of the Circuit Court of the City of Virginia Beach, at the Owner's expense. IN WITNESS WHEREOF, the parties hereto have executed and sealed this Agreement as of the day and year first above written. Date: 1z -1 (t sy 9302 1 GAINSBOROUGH CORPORATION OF NORTH CAROLINA, a North Carolina corporation 3 White, Vice President CITY OF VIRGINIA BEACH Date: By ATTEST: (SEAL) City Clerk APPROVED AS TO CONTENTS: DETLF PUBLIC UTILITIES APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE CERTIFIED AS TO AVAILABILITY OF FUNDS: 41/64 Department of Finance (fir0) 9302_1 City Manager/Authorized Designee of the City Manager 4 STATE OF Virginia, CITY OF Norfolk, to -wit: The foregoing document was acknowledged before me this 21st day of December, 1992, by Richard P. White, Vice President of Gainsborough Corporation of North Carolina, a North Carolina corporation, on behalf of said corporation. r' z-t-✓� -^ Notary Public My Commission Expires January 19,1993. STATE OF VIRGINIA, CITY OF NORFOLK, to -wit: The foregoing document was acknowledged before me this day of , 1992, by the of the City of Virginia Beach, a municipal corporation, on behalf of said corporation. My Commission Expires: 9302_1 5 Notary Public 1 WILIOWC 2 SPRING C 3 HARVEST 4 YELLOW 5 BECKS CT 6 BURNT ] RANO CT 8 RELLEN CT 0\ ibb�" .-1:_____,...„,---- , ti�" r rvo RAJ .)HS P0�' Of��+tJ �' FA��,ti GZ r R o ' SE <4}y ,���,c R `0� P v� yfi ,EP°�q ;USH �, IN ME UR � �'' N �I x C�' Stumpy Lake o C c IOW' E 9 °O ��q S� , i L\NC�ZO D MQAE o o s 4',\_11C17- ZRIAC p` `-o ! C r \V. - 2_� Z\ OR ENw1() qq NAEF�'Rd n N No Z 1 �' AR4 `��(C � K,QY � � , u a �__ -t3 "'O LOp�P �� iG v O �A !q 9� �I r z pNE, c 5; o t OP �, xi, M o) cl ��W'��= ., 1_0:: 1NwEB Salem''N� e�,ytifl�- Q PENIi�K p`�� `�� ��mont���cr�t�� vis � �' c, � �.t E S _, �- tV*5 \ �y0y\' =G* °' ORF•E`NHSiCT���1 C� O��O MO��h h�P MN CQ/ Qo`:i� `r� 9j9 GRAXI?N HAM Wu', , T�% p°�`� `��P 0�PP te„ c�;•pB q• • 7 a cn . �� S� • ��.� n I 2 z pS < 0 o=PARK NWHISPERIN 09i � � L� s. �,�J � -� -� 9�cr c� �^ i woaos I:r °c '� �� , j c cz r 9J,� y$tdYfW � a.l ^, �' 4'' �,, o �' O' T �2 MERWAIK� ``'`i�, �,UR� %�� TAG';o 9 Q �' `', c l V s SUM I BRIDGEFOR CT ! Q �c. (i AV6 Ot Ofii90 C R r �,� W. 2 o-,'.,,, 4 •0 c~ ; i 3 2 PeaK I�un GCT !9 Ga N Fpm^ � � VRA — - - ., ' �'' �' ,51-e,q:;0;::F Ls •.g01,t0�,�� R .4, RIPPLEMEAO C QuoT -� .`� ,r REEK C���,�'"REEK TR•_BAKCTtiBEND CT\ Z .9 0 G V}EW DRQ =KNIFE TR v -4 r. Q' VEfAII,, N0 DGA \ � 9 :r o S 00 PSP oZ��+ r� P VILLAS �-. ERR' G � �� p �poig "Did a _ 8J9C VAIIE CS 4`� BEAVER c c, ./s�' ���' CT ,�; I �1 (A EMBER IA \ �c,b v �� y p�EASAN RD <<*9 FALLS `JO o PnINTG��90 `^� EAGLE_ I u 4_ skitN �9< n az N0� `R�OGE Ep�`� �, GT o Tge4Y WEATHER T NE DRNING VI_Eyy�r ees _-- IINC N C �!' O T i ��9 3s T -+ i �;` p OP�,10 II ?� � F.QENOE � _ 9 BElSPR1NG \� _ o'•' z i 1 FAYSON CT KENEIM 1'0 9 QIP PO -- = - - 2 SILVER LAKE CIR GT G � �+ � ,lu L{L' a 3 SILVER LAKE DR _\\ 4 ELLOREE CT „c �� yG...octKV�EW Z v �� � �� i � ST11 000 e a o� 90 c SHERMAN o AK e^ SEWER SERVICE AREA 3 0 0 `L V+Z� �,o S , f Ate. v9 - 09G 1, ,,I;„ L�, -4.' �,•A, I1 EEp R C k \ • OFF-SITE SEWER BENEFIT AREA FOR P.S. #3 EXHIBIT SHOWING GLENWOOD'oa SEWER SERVICE AREA AND OFF-SITE BENEFIT AREA E 11-300 NJ 1/12/93 SCALE : 1" = 1600' 1 2 A RESOLUTION TO AUTHORIZE AND DIRECT THE CITY MANAGER TO EXECUTE A SEWER COST PARTICIPATION AGREEMENT 3 WHEREAS, Tate Terrace Realty Investors, Inc., hereinafter referred to as 4 "Owner," is desirous of improving certain property in the Glenwood Subdivision 5 in the Kempsville Borough in accordance with the terms and conditions of the City 6 ordinances; 7 8 WHEREAS, in order for the Owner to provide sewer service to the project area, it is necessary for Owner to construct certain sewer facilities; 9 WHEREAS, the City has requested that such construction be greater in scope 10 than is necessary to provide service to customers other than those within the 11 project limits and to prevent the City from incurring additional costs at a later 12 date; 13 WHEREAS, the City desires to enter into a cost participation agreement with 14 the City's share of costs at $26,557; 15 WHEREAS, funding for the City's cost is available from Project 6-018 16 Various Sewer Projects- Phase II; 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 19 That the City Manager is hereby authorized and directed to execute a sewer 20 cost participation agreement with Tate Terrace Realty Investors, Incorporated for 21 the construction of sewer facilities. Said proposed agreements are hereby 22 attached and approved. 23 This ordinance shall be effective on the date of its adoption. 24 Adopted by the Council of the City of Virginia Beach, Virginia on the 25 2 day of March , 1993. APPROVED AS TO CONTENT: Clarence Warnstaff, irector Department of Public Utilities Z 9-43 Date APPROVED AS TO LEGAL SUFFWIENCY CITY OF VIRGINIA BEACH DEPARTMENT OF PUBLIC UTILITIES COST PARTICIPATION AGREEMENT (SEWER) iu °'11/THIS AGREEMENT, Made this day of Aiete rd...�-L. , 1992, by and between Tate Terrace Realty Investors, Inc., hereinafter referred to as "Owner", and the CITY OF VIRGINIA BEACH, VIRGINIA, hereinafter referred to as the "City". WHEREAS, Owner is seized in fee simple of property known as Glenwood Phase 5B; and WHEREAS, Owner is desirous of improving the Project in accordance with the terms and conditions of the City ordinances and agrees to conform to said ordinances; and WHEREAS, in order for Owner to provide sewer service to this Project, it is necessary for Owner to construct certain sewer facilities; and WHEREAS, the City has requested that such construction be greater in scope than is necessary to provide service to this Project; and WHEREAS, such construction is of value to the City in providing service to customers other than those within the Project limits; NOW, THEREFORE, in consideration of the mutual promises and benefits accruing hereto, the parties agree that: 1. Owner shall construct a sewer system (hereinafter the "System") according to plans and specifications approved by the Department of Public Utilities, a copy of which is on file with the Department. 1 2. The City shall make cash payment to Owner in the amount of $26,557.00 dollars) after thereof by the (twenty-six thousand five hundred fifty-seven successful completion of the System and acceptance City in accordance with approval plans. 3. The City shall have the right at any time to make, connect, or permit the connection of any other sewer facility to the System. Any such connection may be at any point, and the City shall have the right at any time to use the System to serve persons within and without the Project limits. 4. thereof but not Upon successful completion of the System and acceptance by the City, Owner hereby agrees that the System, including limited to sewer connections, sewer mains, laterals, pipes, and all other facilities, shall be deemed dedicated to the City of Virginia Beach as of the date of the City's written acceptance thereof. 5. Owner shall indemnify and hold the City harmless from any and all liability of whatever nature arising out of the design, approval, construction and/or installation of the System providing that any such liability does not arise out of the City's negligence. In the event any claim is made against the City, either independently or jointly with Owner, lessee, or purchaser on account hereof, the Owner at its sole cost shall defend the City against such claims. 6. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and assigns. 2 1 7. Upon execution of this Agreement, it shall be recorded by the City in the Clerk's Office of the Circuit Court of the City of Virginia Beach, at Owner's expense. IN WITNESS WHEREOF, the parties hereto have executed and sealed this Agreement as of the day and year first above written. BY DATE ATTEST: City Clerk (SEAL) BY City Manager/Authorized Designee of the City Manager DATE Art Sandler, Secretary APPROVED AS TO CONTENTS: (SEAL) Department of Public Utilities APPROVED AS TO FORM: City Attorney's Office CERTIFIED AS TO AVAILABILITY OF FUNDS: A66.4. "'AY/ Department of Fit ance > e:' e ' andler, President STATE OF VIA__,L�t,C_c� CITY OF Lii,k_Cpc - &,(.0/1 I, bL 6041 ( C'-h1g1Cdct iok_, a Notary Public in and for the City and State aforesaid, do hereby certify that Steve Sandler and Art Sandler, President and Secretary, respectively, of Tate Terrace Realty Investors, Inc. whose names are signed to the writing above, bearing date of //--N---/Z— , have acknowledged the same before me in my City and State aforesaid. Given under my hand this /S*41 day of lief-Peti'K-i c — , 1992. My Commission Expires: )4 LLLCL- G�° eJL/L4`-Cc'`-�C.i Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me by the City Manager/Authorized Designee of the City Manager of Virginia Beach, this day of , 1992. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me by Ruth Hodges Smith, City Clerk of the City of Virginia Beach, this day of , 1992. My Commission Expires: Notary Public 4 7 r�` ( MAIZE OR !i:„a c�`'�'�q, .IP �`�pp�Gf ▪ CAbI A rs i''' OJ4:". , '9�+`�AV S a ='S L, se :, ?f,, H CT _ .'--1--',-='-`r SI t,^„„ \ �` • 1 y HAI .Imo _ _ 6/ `� yQ ^'-W 4.1'Azia DR i', COAS�, 4e, V -I J¢H�lS70WN 1- `6 Ck`�''' �y =� - - OR\ HALWE VIEW �_ `g, - `t`!K CLIFF' 1 CT 11 ` JA MERneop \',(c,"_ r,7 I HA LL W W SETTLER AY wK To PARK OR F �, c, , ¢ L Cr v O X4,9 46'6,Z 8NARBQI�NEr_ cT c,', j 1A%/ .: _ may- v p�` _ �r yy - z� y EWEF\IDND�Asyi J ▪ Q WgUIBF.CK 9oJ,r�.i '"° R VEAE = CT o __ 4 - o IMgN C�jCfQ g I yy�� BRAHAM .� "` 9., BOXf CI'T7C�CT D in i �' 1(AR.,HAnt� Lz 7,`, :4‘ ;. y; f -�, _- /I J o y NORE�' Z Z- CT "- _ �`^�_,, y' yy . c1�O ;, RO_ -', < . WELL D_0:";_„::::i\:— ,, i 3 c,c> 2 >v =�N d �� �'011c o.. A,C �' 4p _ v u, l L 4.4.i. cif Q J l Q 4",-- g c, Fl NO CREEK _ REVD 90p �� n 2 c' c, =d �? ,,, .6C71.� o /y ' ,\ CORRAL C7 �', OUAFO0 MA CK -'_sr jD y a pl `L — • J F o'' TER�ft = 9� RAEI - DEV1 �yr',:::-.12-'•f o c. 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CT �``� 9ci ^"?1 2 ` ,WHISPER' GLENWOOD PS #2 IS: c 1 WILLOWCREEK C 2 SPRING CREEK TR 3 HARVEST BENO CT 4 YELLOW KNIFE TR 5 BECKS CT 5 BURNT EMBER LA 7 RANO CT 3 RELLEN CT CT7' 9ORT/1VA1E Ik1tEA AILS OCT • SEWER SERVICE AREA Rini' OFF-SITE SEWER BENEFIT a-„:16,,, CT, 90 WAY o c ;:::J.:9:2::4'2'--4;7-164'ES:'-AWG'LAEV' �P`~ VILLAS Z CToPO�Hl:04; AY n l� GIENROSE p0INr",. oD v - - c; Cr m, , P`E OR ,. m - ■ '' Ik 7,,� = p 9 p L� 9 I "' BEISPRING o L e `o‘ G�, o'`' 1 SILVER'MO K KENELM _ 90 v Q\Qt°\-- gyp 144.° 2 S4LV R LATE C!R CT - G z J, 3 SILVER LAKE DR �� yo V,EW y 4 PEPPE E L 1�E ROBE- 9:,CTUGE ? " 900 5 PfPPRELi OR c, o Z �„ E1 a 9 O o 4, o c z L.Ity of NortdIK OFF-SITE SEWER BENEFIT AREAS FOR GLENWOOD PS #2 :OUR MOORES CF CT WARE cc 7 ‘flel e c MPt EXHIBIT SHOWING GLENWOOD SEWER SERVICE AREAS FOR PS #2 AND THE OFF-SITE SEWER BENEFIT AREAS EII-12 & EII-302 LHM 11/25/92 - 16 - Item III -I.1. APPOINTMENT ITEM # 36574 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENT: FRANCIS LAND HOUSE BOARD OF GOVERNORS March 2, 1993 1 - 17 - Item III -J.1. UNFINISHED BUSINESS ITEM # 36575 Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council APPROVED ADDING TO THE AGENDA: Resolution calling upon the Department of Housing and Urban Development to grant special exemptions to residents of certain homes in the event of foreclosure. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K Parker March 2, 1993 1 - 18 - Item III -J.2. UNFINISHED BUSINESS ITEM # 36576 Upon motion by Councilman Jones, seconded by Councilman Moss, City Council ADOPTED: Resolution calling upon the Department of Housing and Urban Development to grant special exemptions to residents of certain homes in the event of foreclosure. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K Parker March 2, 1993 Requested by Mayor Meyera E. Oberndorf 1 A RESOLUTION CALLING UPON THE 2 DEPARTMENT OF HOUSING AND URBAN 3 DEVELOPMENT TO GRANT SPECIAL 4 EXEMPTIONS TO RESIDENTS OF CERTAIN 5 HOMES IN THE EVENT OF FORECLOSURE 6 7 8 WHEREAS, it has been reported in an article in a local 9 newspaper that, by reason of the failure of a local developer to 10 repay federally -guaranteed mortgage loans on certain residential 11 properties within the City, such loans are in imminent danger of 12 foreclosure; 13 WHEREAS, according to the said newspaper article, in the 14 event of foreclosure, the Department of Housing and Urban 15 Development would require the eviction of tenants occupying the 16 properties unless such tenants are granted special exemptions 17 enabling them to continue to reside in their homes; 18 WHEREAS, if the aforesaid newpaper article is accurate, 19 the eviction of tenants who have paid all rent due would cause them 20 to suffer an unjust hardship, in that they would be innocent 21 victims of the owner's failure to make mortgage payments, 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 That the City Council hereby calls upon the Department of 25 Housing and Urban Development to grant special exemptions to the 26 tenants of the aforesaid properties, so as to allow such tenants to 27 remain in their homes pending resale of the properties. 28 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 That the City Clerk is hereby directed to forward true 31 copies of this resolution to the Secretary of Housing and Urban 32 Development and to the Director of Housing Management at the 33 Richmond office of the Department of Housing and Urban Development. 34 Adopted by the Council of the City of Virginia Beach on 35 the 2 day of March , 1993. 36 37 CA -93-5041 38 wmordres\HUD.res 39 R-2 40 3-2-93 2 1 - 19 - Item III -K1. NEW BUSINESS ITEM # 36577 Mike Barrett, 4512 Virginia Beach Boulevard Phone: 490-1223, represented the Hampton Roads Chamber of Commerce - Virginia Beach. Mr. Barrett expressed concern the regulations would impact the development community. Tuck Bowie, represented the Tidewater Builders Association. Mr. Bowie expressed concern relative the potential conflicts and impacts of the Ordinance. Sandra Ford Brooks, 4936 Narragansett Drive, Phone: 497-9650, represented the Pocahontas Village Subdivision. Mrs. Ford advised she and her neighbors were severely impacted by their property's close proximity to the Toll Road. Statement is hereby made a part of the record. Upon motion by Councilman Clyburn, seconded by Vice Mayor Sessoms, City Council DEFERRED: Ordinance, for review and scheduling, to require Developers to include noise abatement measures with new residential construction and other noise -sensitive developments. The City Attorney will draft an Ordinance appealing to the Virginia Toll Authority for the homeowner's relief for the March 9, 1993, City Council Session. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K Parker March 2, 1993 1 - 20 - Item III -L.1. ADJOURNMENT ITEM # 36578 Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the Meeting at 2:44 P.M. Beverly D Hooks, CMC Chief Deputy City Clerk e)/4arAJ Ruth Hodges Smith, CMC/AAE Meyera E. Oberndorf City Clerk Mayor City of Virginia Beach Virginia March 2, 1993