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Home My WebLink AboutSEPTEMBER 03, 2002 AGENDACity of Vrgnic+ -Peack "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At -Large VICE MAYOR ROBERT C. MANDIGO, JR., Kempsville - District 2 MARGARET L. EURE, Centerville - District 1 LOUIS R. JONES, Bayside - District 4 REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W. SCHMIDT, At -Large RON A. VILLANUEVA, At -Large ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA JAMES K. SPORE, City Manager LESLIE L. LILLEY, City Attorney RUTH HODGES SMITH, MMC, City Clerk CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 427-4303 FAX (757) 426-5669 E MAIL:Ctyencl@vbgov.com I. II. IV. V. VI. September 3, 2002 CITY MANAGER'S BRIEFINGS A. SANDBRIDGE ROAD CORRIDOR OPTIONS John Herzke, City Engineer B. WATER USE RESTRICTIONS Clarence Warnstaff, Director of Public Works REVIEW OF AGENDA ITEMS CITY COUNCIL LIAISON REPORTS CITY COUNCIL COMMENTS INFORMAL SESSION A. B. C. CALL TO ORDER - Mayor Meyera E. Oberndorf ROLL CALL OF CITY COUNCIL RECESS TO CLOSED SESSION FORMAL SESSION A. B. CALL TO ORDER - Mayor Meyera E. Oberndorf - Conference Room - 2:00 PM - Conference Room - - Council Chamber - INVOCATION: Reverend G. Keith Almond, Pastor Community United Methodist Church 4:00 PM 6:00 PM C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS August 27, 2002 G. AGENDA FOR FORMAL SESSION H. ORDINANCES/RESOLUTION 1. Ordinances re the City Code: a. AMEND §§ 35-253, 35-254, 35-258, 35-259, 35-260, 35-263 and ADD § 35-258.1 of the City Code re administration and collection of local telecommunication service taxes b. AMEND § 21-207 re liquidated damages for violation of permitted weight limits c. AMEND and REORDAIN §12-25(a) re designating the Chief of Fire Protection or his designee as the Fire Marshal 2. Ordinance to AUTHORIZE the City Manager to AMEND and further EXTEND an option to acquire property located at Rudee Loop. 3. Ordinances re temporary encroachments into portions of the City's rights-of-way: Y a. City maintenance easement by OLYMPIA BENDIX, LLC, re a storage buildingat 295 Bendix Road. (DISTRICT 5 - LYNNHAVEN) b. Lake Wesley by WILLI FENSKE re boat lift, existing floating pier and replacing four existing mooring piles at 500 Southside Road. p g (DISTRICT 6 - BEACH) 4. Ordinance to AUTHORIZE the City Manager to execute a LEASE of property city -owned at Ocean Lakes Community Park containing 13.06 acres to Virginia y g is Beach Little League, Inc. for operation of a youth baseball league. (DISTRICT 7 - PRINCESS ANNE) 5. Ordinance to AUTHORIZE the City Manager to EXECUTE a Deed of Boundary Settlement with the United States of America re Red Wing Lake Golf Course of- a 5 -acre boundary overlap. (DISTRICT 6 - BEACH) 6. Ordinance to TRANSFER $300,000 from various Storm Water Capital Projects to Capital Project #7-012, to extend the piped drainage system in Fair p p tal g y air Meadows. (DISTRICT 2 - KEMPSVILLE) 7. Resolution APPROVING issuance of Multifamily Housing Bonds in behalf of CP Atlantic, L.P. for a project located at 999 Atlantis Drive (Atlantis P A a rtments). tic, DISTRICT 6 - B ( EACH) L APPOINTMENTS BOARD OF ZONING APPEALS (BZA) FRANCIS LAND HOUSE BOARD OF GOVERNORS HUMAN RIGHTS COMMISSION PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE - COIG TOWING ADVISORY BOARD VIRGINIA BEACH/JAMESTOWN 2007 STEERING COMMISSION J. UNFINISHED BUSINESS K. NEW BUSINESS L. ADJOURNMENT 1 August 13, 2002 Are we ready for the question? CHIEF DEPUTY CITY CLERK: Thank you, Your Honor. MAYOR OBERNDORF: Thank you very much. CHIEF DEPUTY CITY CLERK: By a vote of 10 to 0 you have deferred until August the 27th, Item Number 2 of the Consent Agenda. 4 August 13, 2002 MAYOR OBERNDORF: Okay. Number 2 will be deferred. VICE MAYOR MANDIGO: So, on the Consent Agenda g nda this will be a deferral for two weeks? MAYOR OBERNDORF: Yes. FORMAI,, SESSION MAYOR OBERNDORF: Now, we will go onto the Agenda g nda for the Formal Session. All right. The second Ordinance we are goingto defer er that for two weeks. Would you do the Consent Agenda? VICE MAYOR MANDIGO: I would be honored to do so, Madam Mayor. . MAYOR OBERNDORF: Thank you. VICE MAYOR MANDIGO: We will start the Consent Agenda. These are items that we discussed in our Informal and to the extent that we agreed on these. These were passed with one vote. They will on be on that vote. There will be no annotations for the different items as apply. The first item on the Consent Agenda under Ordinances is Item 2. Ordinance to amend various sections of the City Code regarding the administration and collection of local telecommunication service taxes will be deferred for two weeks. MAYOR OBERNDORF: Okay. There is a motion. Is there a C OUNC I LMAN REEVE : second? Second. MAYOR OBERNDORF: There is a motion to adopt the Consent Agenda by Mr. Mandigo seconded by Mr. Reeve. 3 August 13, 2002 INFORMAL SESSION VICE MAYOR MANDIGO: This is the Ordinance to amend several sections of the City Code to more clearly define the collection and requirements of the telecommunication service taxes. COUNCIL LADY McCLANAN: I have some questions about that. MAYO OBERNDORF: Okay. COUNCIL LADY McCLANAN: And I don't -- I think it's important we're doing it, because it's a lot of money and I guess I just need some more information. I have some question about letting just one of these offices audit itself, which is what it says and a few other things about how it came to be. Is it possible to get a report of where this came from and why it's here? CITY MANAGER: You bet. We've been speaking to the Commissioner about that. He is out of town today. He said if there were any questions he would like to have it deferred so he could be here and talk about that. We can get you some additional background in two weeks, before we come back. COUNCIL LADY McCLANAN: I think it's a very important area. Certainly it's not that -- I think that getting a better handle on this -- because there's very little control at any level today with anything to do with this industry, I would feel a little better if we could have a little more information. VICE MAYOR MANDIGO: CITY MANAGER: Defer that for two weeks? Two weeks, uh-huh. 2 Virginia Beach City Council August 13, 2002 3:30 p.m. CITY COUNCIL: Meyera E. Oberndorf, Mayor Robert C. Mandigo, Vice Mayor Margaret L. Eure Louis R. Jones Reba S. McClanan Richard A. Maddox Jim Reeve Peter W. Schmidt Ron A. Villanueva Rosemary Wilson James L. Wood CITY MANAGER: CITY ATTORNEY: CITY CLERK: STENOGRAPHIC REPORTER: At -Large District District District District District 6 District 7 At -Large At -Large At -Large District 5 2 - 1 - 4 - 3 - - Lynnhaven Kempsville Centerville Bayside Rose Hall Beach Princess Anne James K. Spore Leslie L. Lilley Ruth Hodges Smith, MMC Dawne Franklin Meads VERBATIM Ordinance to Amend the City Code regarding the administration and collection of the local telecommunication service taxes 1 CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: An Ordinance to Amend the City Code Pertaining to the Administration and Collection of Local Telecommunication Service Taxes. MEETING DATE: Sep temt er 3, 2002 Background: The City of Virginia Beach levies a tax on persons purchasing local telecommunication service. The City Code, at Article XIII of Chapter 35, outlines how this tax is to be administered, but does not specify any duties or responsibilities of the Commissioner of the Revenue. The attached ordinance, if adopted, will establish administrative procedures that are similar to ones already established for other local taxes, and will clearly set forth the duties and responsibilities for administering these taxes. This matter was deferred August 13, 2002. Considerations: Currently, telecommunication tax payments for land based service go to the Commissioner of the Revenue, while tax payments for mobile service go to the Treasurer. The proposed changes, if adopted, should simplify and improve the process by which telecommunication taxes are assessed and collected. Tax payments for both types of service would go to the Commission of the Revenue, as all other trustee tax payments do. The proposed changes amend three sections and add a new section to the City Code. Section 35-253 is amended to update the definitions applicable to the telecommunication tax ordinance. Section 35-258 is amended to (1) establish a penalty for filing late reports of taxes collected; and Op change the existing penalty for failing to remit taxes so that it is consistent with the Code of Virginia. Section 35-260 is amended to specifically set forth the duties and responsibilities of the Commissioner of the Revenue and the Treasurer in administering this tax, and finally, § 35-258.1 is added to establish a procedure for addressing situations in which the service provider fails to make reports or remit taxes. Recommendations: Approval Attachments: Ordinance Recommended Action: Approval Submitting DepartmentJAen : City Attorney City Manag -��j � Pk \ATYlOrdin\NON " DEtelecom munications tax .arf.wpd 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING 2 TO THE ADMINISTRATION AND COLLECTION OF LOCAL 3 TELECOMMUNICATION SERVICE TAXES 4 SECTIONS AMENDED: 35-253, 35-254, 35-258, 35-259, 5 35-260 and 35-263 6 7 SECTION ADDED: 35-258.1 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Sections 35-253, 35-254, 35-258, 35-259, 35-260, and 35- 11 263 of the Code of the City of Virginia Beach, Virginia are hereby 12 amended and reordained, and a new Section 35-258.1 is hereby 13 added, to read as follows: 14 Sec. 35-253. Definitions. 15 Except where the context clearly indicates a different 16 meaning, the following in this article definitions of words and 17 phrases related to telecommunication or enhanced 911 service shall 18 be provided by the provisions of Sections 58.1-3812(J) and 58.1- 19 8.1- 19 3813.1 (A) of the Code of Virginia., whe 20 .. .. - 21 - - 22 23 section 58.1-3703.13.10 of 24 25 - _ - ■ 26 - 27 D, Li. iLrea?i s any p 28 local telecommun .cats 29 not otherwise deducts 30 or 31 32 33 tax on that portion during the W IW o11e�t ib1e, _ on o e 5, L -n this artier±G; irginia, of excivaa ed undet 34 payment is made. reports O enaea, eaeral 1 i 35 36 - 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 • • • r aspects o ion. , pre en e ••: r p e r , manes ompute • • • • renr'ir Irs1Lrrt �. o de acidit uterize • ern to automatiea��y route rgency trirrer • • • rs dna otrier uipment. ross cxzarges means, 55 not i 56 57 58 59 60 • • illary control center corrmu je • •. exclusions set fe e c orrmrtn i s at 2.o n s of lowing • • • r, "gross charges • ad transrrtiss 61 such equip 62 on the ommunlcatlon or e s-tomez equipment, including at is iease a or rente y the customer 63 separately ie 64 65 $ e provisio •• er amounts z-vlce provider s 2 unicatio dna records; 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 . s .. -ReiTerntte t;octe .. section 421 0 s ant ntel evenue e, ordinance or regulatory 10 :. ecor rtu • e±epfzon-e se ute. a services ; poi • a , .• specs of i radio to ice atio p ;--ter mobs ctio radio; ation sezvice*, inclu e ns a p 3 g a telephone 97 98 99 100 101 ons 102 103 services orl a 104 # r w 105 operated on a 106 107 W ■ • volrtrnCar y a515 • en our our basis whi • ives 108 - 109 . 110 111-i--a_-r 112 113 114 115 116 117 118 W ■ • unication service. ibme r 011 wi�i CiCion 25 origina at a define as in the case 119 service area. 120 121 122 123 124 125 126 127 128 provider 1 •. W TT W • • •• .• • • • •• • • • •• • •. 4 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 ens vi a. mei 51 pr W s ..• means every pei o n 5 tl tele-cernmUnicatio reser r r pany facilities, however-, �y--tr--�7rovider o a elecommunicati ed servi w. a . a . Ci engage w r e eu wr S in the subsequent p IP s e acqu eparateiy e person's purchase 5 is ted t mrnunzca axa U e ptz purc COMMENT Pe O or resale. e ay MaKe- 15 3 Many of the existing definitions in this section are not actually used in this article. This 154 amendment shortens the City Code and states the location of the definitions for any special terms used 155 in this article. 156 Sec. 35-254. Imposed. 157 158 (b) Pursuant to section 58.1-3812 of the Code of Virginia, as 159 amended, there is hereby imposed and levied on every taxable 160 purchase by a consumer of mobile local telecommunication service, 161 when such consumer's service address is located in the city, a tax 5 162 at a rate equal to ten (10) percent of the monthly gross charge to 163 the consumer of such service; provided, however, that this tax 164 shall not be applicable to any amount so charged in excess of 165 thirty dollars ($30.00) per month for each mobile service 166 consumer. 167 168 169 170 i 5iy seerce r 0 Y 171 172 (d) Pursuant to section 58.1--3813.1 of the Code of Virginia, 173 as amended, ±in addition to the taxes imposed by subsections (a), 174 (b) and (c) of this section, there is hereby imposed and levied on 175 every consumer of telephone service or services provided by 176 any corporation subject to the provisions of Title 58.1, Chapter 26 177 (section 58.1-2600 et seq.) of the Code of Virginia) , pursumnt to 178-- _ - - • - • - - - - , • - • , a tax in the 179 amount of one dollar and ninety-five cents ($1.95) per month. The 180 tax imposed by this subsection (d) shall not apply to any local 181 telephone service where a periodic bill is not rendered. 182 COMMENT 183 These amendments track the language of the State Code section that authorizes a local tax on 184 E-911 service. 185 Sec. 35-258. Duty of service provider to collect, report and 186 remit; penalty and interest. 187 (a) Before engaging in business in the city, every service 188 provider shall register with the commissioner of the revenue and 189 provide, on a form prescribed by the commissioner of the revenue, 190 sufficient information about the service provider and its manner of 191 doing business to ensure that the taxes imposed and levied by this 192 article will be properly assessed. 193 (mob) It shall be the duty of every service provider, in acting 194 as the tax collection medium or agency for the city, to collect 6 195 from each consumer, for the use of the city, the taxes imposed and 196 levied by this article at the time of collecting the purchase price 197 charged for the service. The taxes so collected during each 198 calendar month shall be reported and remitted by each service 199 provider to the commissioner of the revenue on or 200 before the fifteenth day of the second calendar month thereafter. 201 All remittances of taxes received by the commissioner of the 202 revenue shall be delivered to the treasurer by the end of the next 203 business day following; provided, however, that all cash payments 204 must be made to the city treasurer. The required report shall be 205 in such form as may be prescribed by the city treasurer 206 commissioner of the revenue. 207 (bc) Failure to report or remit the taxes so collected to the 208 city el commissioner of the revenue on or before the due 209 date set forth in subsection (a) (b) of this section shall result 210 in a penalty of ten (10) percent of the amount due or ten dollars 211 ($10.00) , whichever is lesser greater, which shall be added to the 212 amount due; provided, however, that the penalty shall not exceed 213 the amount due. In addition, interest at the rate of ten (10) 214 percant annually from the first day following the last day the 215 taxes are due to be remitted may be added to the overdue principal 216 and penalty, and collected from the delinquent service provider. 217 COMMENT 218 The first proposed change, at subsection (a), requires service providers to register with the 219 Commissioner of the Revenue. The second proposed change, at subsection (b), gives the Commissioner 22 0 of the Revenue the responsibility of determining the information required on the tax reports required 22 1 by this section. The last changes, at subsection (c), provide that (1) tax reports and payments go to 222 the Commissioner of the Revenue, who will forward the tax payments to the Treasurer, and (2) the 223 penalty provision for failing to remit taxes is amended to track current state law. 224 Sec. 35-258.1. Procedure upon failure to collect, report, etc. 225 (a) It shall be the duty of the commissioner of the revenue 226 to ascertain the name of every service provider liable for the 227 collection of the tax imposed and levied by this article, as well 228 as the name of every service provider that fails, refuses or 229 neglects to collect such tax or to make, within the time provided 7 230 by this article, the reports and remittances required by this 231 article. 232 (b) If any service provider, whose duty it is so to do, shall 233 fail, refuse or neglect to collect the tax imposed and levied under 234 this article or to make, within the time provided in this article, 235 the reports and remittances required by this article, the 236 commissioner of the revenue shall obtain the facts and information 237 necessary to make an estimate of the tax due. As soon as the 238 commissioner of the revenue has procured such facts and 239 information, he shall proceed to determine and assess the tax 240 imposed and levied by this article and shall notify such service 241 provider, by certified mail, sent to its last known place of 242 business, of the total amount of such tax, penalties and interest; 243 at the same time, a copy of this notice shall be provided to the 244 city treasurer. The total amount of this assessment shall be 245 payable within ten (10) days from the date of such notice. 246 COMMENT 247 This new section establishes a process for situations in which a service provider fails to collect 248 or report taxes. If no report of taxes is filed, the Commissioner of the Revenue creates an estimate of 249 the taxes due. 250 Sec. 35-259. Service provider's records. 251 Each service provider shall keep complete records showing all 252 purchases of local telecommunication service in the city, which 253 records shall show the date of each bill, the price each consumer 254 is charged with respect to each purchase, and the amount of taxes 255 imposed by this article. Such records shall be made maintained for 256 a period of three ( 3 ) five (5) years and shall be made available 257 for inspection by the commissioner of the revenue or his duly 258 authorized agents at reasonable times during normal 259 business hours. The commissioner of the revenue or his duly 260 authorized agents of the city shall have the authority to make such 261 transcripts thereof during such times as they may deem necessary 262 and appropriate. 8 263 COMMENT 264 The amendments to this section are for housekeeping purposes only. 265 Sec. 35-260. Duties of commissioner of the revenue and city 266 treasurer. 267 (a) The commissioner of the revenue or his duly authorized 268 agents shall be charged with auditing the reports required by this 269 article ensuring that service providers are registered to collect 270 the tax imposed and levied by this article, receiving from service 271 providers the taxes described in this article and promptly 272 transmitting them to the city treasurer, and responding to all 273 inquiries that may be made by taxpayers or service providers. 274 (b) The city treasurer shall be charged with the collection 275 of the taxes imposed and levied by this article, after receiving 276 notice from the commissioner of the revenue as provided in section 277 35-258.1 (b)that such taxes are delinquent, and shall cause the 278 same to be paid into the general treasury of the city. 279 280 COMMENT 281 The amendments to this section set forth the specific duties of the Commissioner of the 282 Revenue and the Treasurer. 283 Sec. 35-263. Compensation for collection of E-911 tax. 284 Pursuant to section 58.1-3813.1E of the Code of Virginia, as 285 amended, whenever the tax imposed by section 35-254(d) of this 286 article is collected by the service provider acting as the tax 287 collection medium or agency for the city, such service provider 288 shall be allowed as compensation for the collection and remittance 289 of the tax three (3) percent of the amount of tax due and accounted 290 for. The service provider shall deduct this compensation from the 291 payments made reported and remitted to the city treasuiei 292 commissioner of the revenue in accordance with section 35- 293 258 (a) (b) 294 COMMENT 295 The amendments to this section are for housekeeping purposes only. 9 296 Adopted by the City Council of the City of Virginia Beach, 297 Virginia, on this day of , 2002. 298 299 300 301 302 CA -7530 ODIN/PROPOSED/35-258etalord.wpd R-21 July 3, 2002 APPROVED A TO ONT S : / over of the Revenue asurer APPROVED AS TO LEGAL SUFFICIENCY: S:4i V a Department Law 1� 10 CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: An Ordinance to Amend Section 21-207 of the City Code Pertaining to Liquidated Damages for Violation of Permitted Weight Limits MEETING DATE: September 3, 2002 Background: The City of Virginia Beach assesses damages for any vehicle that exceeds the maximum weight limits authorized by Chapter 21 of the City Code. City Code § 21-207 breakdowns the required liquidated damages based on the number of pounds the vehicle exceeds the permitted maximum weight. Considerations: Virginia Code § 46.2-1138.1 allows the City to "provide for the assessment of liquidated damages as to overweight vehicles at rates and amounts not exceeding those applicable to the liquidated damages under § 46.2-1135." Virginia Code § 46.2-1135 provides for liquidated damages based on four different categories of excess weight. The City Code only provides for liquidated damages based on three different weight categories of excess weight, and currently does not include provisions for those vehicles exceeding their maximum allowable weight by 12,001 pounds. By providing for this fourth weight category, the City increases the damages it can collect for overweight vehicles. Public Information: This ordinance will be advertised in the same manner other Council agenda items are advertised. Recommendations: Amend Ordinance Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Polic City Manager. F:1Data\ATY\Ordin\NONCODE\21-207arf .wpd 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING 2 TO LIQUIDATED DAMAGES FOR VIOLATION OF 3 PERMITTED WEIGHT LIMITS 4 SECTION AMENDED: § 21-207 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That Section 21-207 of the City Code is hereby amended and 8 reordained to read as follows: 9 Sec. 21-207. Liquidated damages for violation of weight limits; 10 storage, disposition, etc., of vehicle and cargo 11 involved in weight violation. 12 (a) Any person violating any weight limit as provided by this 13 chapter or in any permit issued either by the Virginia Department 14 of Transportation or by the city manager pursuant to this Code 15 shall be assessed liquidated damages. The amount of those damages 16 shall be: 17 Excess weight over Assessed Excess weight over Assessed 18 the prescribed or amount per the prescribed gross amount per 19 permitted axle pound weight limit pound 20 weight limits 21 22 4,000 pounds or less $0.01 4,000 pounds or less $0.01 23 4,001 to 8,000 pounds $0.10 4,001 to 8,000 pounds $0.05 24 8,001 to 12,000 pounds $0.20 8,001 to 12,000 pounds $0.10 25 12,001 pounds or more $0.30 12,001 pounds or more $0.15 26 27 All gross permit violations shall be assessed twenty cents ($0.20) 28 per pound over the permitted weight limit. If a person has no prior 29 violations under the motor vehicle weight laws, and the excess 30 weight does not exceed two thousand five hundred (2,500) pounds, 31 the general district court may waive the liquidated damages against 32 such person. Such assessment shall be entered by the court or by 33 the department as a judgment for the city, the entry of which shall 34 constitute a lien upon the overweight vehicle. Such sums shall be 35 paid to the court or collected by the city attorney and forwarded 36 to the city treasurer and allocated to the fund appropriated for 37 the construction and maintenance of city highways. 38 (b) If the gross weight of the vehicle exceeds lawful limits 39 by at least twenty-five (25) percent but not more than fifty (50) 40 percent, the amount of the liquidated damages shall be two (2) 41 times the amount provided for in subsection (a) above; if the gross 42 weight of the vehicle exceeds lawful limits by more than fifty (50) 43 percent, the amount of the liquidated damages shall be three (3) 44 times the amount provided for in. subsection (a) above. The 45 provisions of subsection (b) shall not apply to pickup or panel 46 trucks. 47 (c) The charge hereinabove specified shall be in addition to 48 any other liability which may be legally fixed against such owner 49 or operator of the vehicle in question for damage to a highway or 50 bridge attributable to such weight violation. 51 COMMENT 5 2 Adds a fourth weight category for vehicles that exceed their maximum permitted weight by 5 3 12,001 pounds or more and requires $0.30/pound damages when excess weight is based on maximum 54 permitted axle weight and $0.15/pound when excess weight is based on the maximum permitted gross 5 5 weight of the vehicle. 56 Adopted by the City Council of the City of Virginia Beach, 57 Virginia, on this day of , 2002. 58 59 CA -8578 60 DATA/ORDIN/PROPOSED/21-207ord.wpd 61 R2 62 August 5, 2002 APPROVED AS TO CONTENT Pol-= Departmen APPROVED AS TO LEGAL SUFFICIENCY: aktioi; Department. of Law 2 CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Ordinance to Amend the Virginia Beach City Code Pertaining to Fire Marshal, Deputies and Assistants. MEETING DATE: September 3, 2002 • Background: Code of Virginia § 27-30 allows the City to appoint a Fire Marshal/Fire Official to perform all identified duties related to the enforcement of the Statewide Fire Prevention Code. City Code §12-25(a)states, "the chief of fire protection shall be the Fire Marshal." Sections 27- 34.2 and 27-34.2.1 require the Fire Marshal/Fire Official to be certified according to requirements established and approved by the Virginia Fire Services Board and the Department of Fire Programs in cooperation with the Department of Criminal Justices Services. Because the duties of the designated Fire Marshal/Fire Official are focused upon a demanding but limited area of responsibility within the Fire Department, and because the ongoing training and certification requirements are constant, a designated subordinate, appointed by the Chief of the Fire Department, carries out the actual duties. Considerations: Designating the Chief of Fire Protection, or his designee, as the Fire Marshal will fully conform the City Code to State law. Recommendations: Amend Ordinance Public Information: This Ordinance will be advertised in the same manner other Council agenda items will be advertised. Attachments: Ordinance Recommended Action: Approval Submitting DepartmenUency: Fire Department/Chief Gregory Cade iW---- City ManagerIL ti)mt, F:1Data\ATY\Ordin\NONCODEIFire M arshall.arf.wpd 1 AN ORDINANCE TO AMEND AND REORDAIN 2 THE VIRGINIA BEACH CITY CODE 3 PERTAINING TO FIRE MARSHAL, DEPUTIES 4 AND ASSISTANTS 5 SECTION AMENDED: § 12-25(a) 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 12-25(a) of the City Code is hereby amended and 9 reordained to read as follows: 10 Sec. 12-25. Fire marshal, deputies and assistants. 11 (a) The chief of fire protection or his designee shall be the 12 fire marshal. 13 COMMENT 14 Allows the Chief of Fire Protection to designate a qualified firefighter to be the Fire MarshaUFire Official. 15 16 Adopted by the Council of the City of Virginia Beach, 17 Virginia, on the day of , 2002. 18 CA -8585 19 ORDIN\NONCODE\sec. 12-25(a) . ord 20 August 2, 2002 21 R1 22 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Ordinance to Extend Option to Purchase the Rudee Loop Property MEETING DATE: September 3, 2002 Background: In December 1997, the City of Virginia Beach entered into an Option and Agreement with Robert Herman Properties, L.L.C., Herman, Inc., and Robert Herman to purchase certain property located at Rudee Loop comprised of 2.73 acres. In September of 1999, the City Council approved an amendment to the original option agreement and extended the option to purchase the property until September 30, 2002. Adjacent privately owned parcels could be assembled providing a prime development site of up to 10.17 acres, which would include approximately 4 acres of City right of way and 1.07 acres of VDOT property. Various studies indicate that additional lodging will be needed at the oceanfront, especially with the completion of the Convention Center Replacement Project. The current deadline to purchase the Herman Property under the first amendment will expire on September 30, 2002. Considerations: Executing a second amendment extending City's option to purchase the Herman Property will allow the City a greater opportunity to devise a master plan for the best use of the land as well as allow time to generate significant developer interest. Delaying the purchase of the property will allow the current business located on the site to remain open and on the City's tax rolls. Sufficient funding exists within the C1P project to extend the option. Public Information: Public information will be handled through the normal Council Agenda notification process. Alternatives: Should the City not extend or exercise its Option, the property could be sold off separately, resulting in less than desirable projects, not consistent with the City's vision for the resort area. In addition, the City will forfeit its $1,005,150 paid in option fees to date. Another alternative would be to exercise the option to purchase the property before September 30, 2002. Since the City does not currently have an agreement with a private developer, this alternative is not recommended at this time. Recommendations: Approve ordinance authorizing the City Manager or his designee to extend the option. Attachments: Ordinance Recommended Action: Approval of attached Ordinance Submitting Department/Ag ncy: Economic Developmen City Manag - ��1i . k1.'''t- 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO AMEND AND 3 FURTHER EXTEND AN OPTION TO PURCHASE 4 REAL PROPERTY LOCATED AT RUDEE LOOP 5 WHEREAS, Rudee Loop has been identified as a prime location for a real estate 6 development at the Oceanfront, and the development ofRudee Loop would complement the Pavilion 7 expansion and is consistent with the Oceanfront Resort Concept Plan; 8 WHEREAS, on December 16, 1997, the City Council (a) authorized the City Manager to 9 execute an option agreement (the "Hennan Option") between the City of Virginia Beach and Robert 10 Herman Properties, L.L.C., Herman, Inc., and Robert Herman (collectively "Herman") granting the 11 City the option to purchase a 2.73 acre site located at Rudee Loop (the "Herman Property") on or 12 before September 30, 1998, with the right to extend the Herman Option until September 30, 1999, 13 and established Capital Project #9-302, Rudee Loop Development - Phase I (Partial), to fund the 14 purchase of the Herman Option and the extension of the Herman Option; 15 WHEREAS, on September 28, 1999, the City Council authorized the City Manager to further 16 extend the Herman Option until September 30, 2000, with the right to extend the Herman Option 17 for two additional one year periods until September 30, 2002; 18 WHEREAS, the City Council has detennined it to be in the best interests of the City to 19 further extend the Hennan Option; 20 WHEREAS, the extension of the Herman Option requires a one-time extension fee of 21 820,000 and an extension fee of 8200,000 for extending the option through September 30, 2003, 22 with the right to extend the Hennan Option for an additional twelve months for an additional 23 extension fee of 8200,000; and 24 WHEREAS, sufficient funds are available in Capital Project #9-302, Rudee Loop 25 Development - Phase l (Partial) to pay the amounts required to extend the Option. 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 1. The City Manager or his designee is hereby authorized to enter into a second 29 amendment to option agreement with Robert Hennan Properties, L.L.C., Herman, Inc., and Robert 30 Herman for the purchase of approximately 2.73 acres of property at Rudee Loop, with such 31 agreement to be in fonn and substance satisfactory to the City Manager and the City Attorney, 32 including the essential terms outlined in the Summary of Basic Terms of Second Amendment to 33 Option and Agreement attached hereto. 34 2. The City Manager is further authorized to extend the Herman Option described in the 35 preceding paragraph from September 30, 2002, until September 30, 2004. 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 37 , 2002. 38 CA -8567 39 F:`Data\ATY\Ordin\NONCODE1ca8567.ord.wpd 40 R-2 41 August 2, 2002 42 APPROVED AS TO CONTENT: 11,44 tonomic Development 45 APPROVED AS TO LEGAL 46 SUFFICIENCY: 47 48 49 CA,ucJAA) City Attorney SECOND AMENDMENT TO OPTION AND AGREEMENT HERMAN - RUDEE LOOP • Purchase Price: S7,605,000 (as of 9/30/02) plus $30,000 per month or portion thereof (4.8% annually) from 10/02 through month inwhich closing occurs. [Note: Original purchase price $6,174,200 plus $16,800/month (3.3% annually) thru 9/30/99; 1st amendment purchase price $6,500,000 plus $26,000/month (4.8% annually) thru 9/30/02] [Note 2: $169,000 of increase in purchase price equals parking lot improvement estimate] • Extension Periods and Fees: 10/01/02 through 09/30/03 $200,000 10/01/03 through 09/30/04 $200,000 Extension Fees payable on or before 10/1 of each Extension Period and shall apply to Purchase Price. • One-time Extension Fee: $20,000 payable on or before 10/01/02 which will not apply to Purchase Price. • Parking Lot Improvement: Increase of $169,000 in Purchase Price representing required improvements to parking lot paid by City at time of execution of Second Amendment. If City does not exercise Option, that portion of purchase price is to be repaid to City. • Deed Restrictions: Deed restrictions that City required removed waived by City; City to accept property with restrictions. Owners covenant to defend appeal of Virginia Beach Circuit Court decision removing restrictions through final disposition (including appeal through Virginia Supreme Court and any remand thereof) • New Timing for Settlement: Option may be exercised at any time by giving Owners notice, with settlement to occur within 60 days; provided • if settlement occurs during the period from 3/1 through 10/31 of any year ("Restaurant Operating Period"), Owners can continue to operate restaurant and parking lots until the end of that Restaurant Operating Period, without rent. If settlement is scheduled for months of November or December, Owners can require settlement to be extended until 2/1 of the following year but no increase in Purchase Price shall occur for the month of January (Same as 1st Amendment). • (Note new timing requirement on settlement) if option notice is given between 11/30 and 2/28 of any season, City can either: • reimburse Owners carrying extra expenses for business during the "slow" period and for prepaid for extra carrying costs for the coming summer season; or • defer closing until after 10/31 of the next year; or • close within 60 days and permit Owners, without payment of rent, to operate Restaurant and parking lots and to remove anything Owners desire to remove as permitted under the Option and Agreement until the end of the Restaurant Operating Period, 10/31. F Dat,ATY,Fortn,Conuncrcial Projccts`Rudcc Loopacroun opt 2.d .tuscnd.vra.x•pd CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Encroachment Request - Construct and maintain a storage building Applicant - Olympia Bendix, LLC MEETING DATE: September 3, 2002 Background: Olympia Bendix, LLC requests to construct and maintain a storage building located on the west side of Bendix Road, adjacent to 1-264, approximately 280' south of Bonney Road. Considerations: City staff has reviewed the request for the storage building to encroach into a 70' drainage easement. This encroachment is consistent with the plans submitted to DSC and there will be no affect on the drainage in this area. Staff has recommended approval of same. Public Information: Advertisement of City Council. Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. Recommendations: Approve the request subject to the terms and conditions of the agreement. Attachments: Ordinance, Location Map, Agreement, Plat, and Pictures Recommended Action: Approval of the ordinance Submitting DepartmentlAgency: Public Works411c14 • 5� City Manager City Manager 1 Requested by Department of Public Works 2 AN ORDINANCE TO AUTHORIZE TEMPORARY 3 ENCROACHMENTS INTO A PORTION OF A 4 CITY MAINTENANCE EASEMENT AT 295 5 BENDIX ROAD BY OLYMPIA BENDIX, LLC, 6 ASSIGNS AND SUCCESSORS IN TITLE 7 WHEREAS, Olympia Bendix, LLC, desire to construct and 8 maintain a storage building into the City's maintenance easement 9 located at 295 Bendix Road. 10 WHEREAS, City Council is authorized pursuant to §§ 15.2- 11 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 12 authorize a temporary encroachments upon the City's maintenance 13 easement subject to such terms and conditions as Council may 14 prescribe. 15 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 16 OF VIRGINIA BEACH, VIRGINIA: 17 That pursuant to the authority and to the extent thereof 18 contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as 19 amended Olympia Bendix, LLC, assigns and successors in title are 20 authorized to construct and maintain a temporary encroachment for 21 a storage building, in the City's maintenance easement as shown on 22 the map entitled: "ENCROACHMENT EXHIBIT FOR CONVERGENCE CENTER 23 BUILDING 'B' JUNE 11, 2002," a copy of which is on file in the 24 Department of Public Works and to which reference is made for a 25 more particular description; and 26 BE IT FURTHER ORDAINED, that the temporary encroachments 27 are expressly subject to those terms, conditions and criteria 28 contained in the Agreement between the City of Virginia Beach and 29 Olympia Bendix, LLC, (the "Agreement") which is attached hereto and 30 incorporated by reference; and 31 BE IT FURTHER ORDAINED that the City Manager or his 32 authorized designee is hereby authorized to execute the Agreement. 33 BE IT FURTHER ORDAINED, that this Ordinance shall not be 34 in effect until such time as Olympia Bendix, LLC and the City 35 Manager or his authorized designee execute the Agreement. 36 Adopted by the Council of the City of Virginia Beach, 37 Virginia, on the 38 CA - 39 A -39 gsalmons/olympia/ord. 40 R-1 41 PREPARED: 07.18.02 42 43 44 45 46 47 48 day of 2 2002. PROVED AS TO CONTENTS _sc Cr r (*uacC SIGNATURE Pyr RF -41! cac.e DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND RM CITY ATTORNEY VA. BEACH = W. LOCATION MAP INTERSTATE 264 SOUTH atm (r -_-____-t `-\t :.'o r - _ 008 LOCATION MAP SHOWING ENCROACHMENT REQUESTED BY OLYMPIA BENDIX, LLC INTO CITY DRAINAGE EASEMENT 295 BENDIX ROAD SCALE: 1" = 300' PREPARED BY P.W. ENG. DRAFT. 7-22-02 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE THIS AGREEMENT, made this day of , 2002, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and OLYMPIA BENDIX, LLC, ITS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "PARCEL 1" as shown on that certain plat entitled, "RESUBDIVISION OF PROPERTY OF OLYMPIA BENDIX LLC (D.B. 4163, P. 732)(D.B. 4229, P. 564) VIRGINIA BEACH, VIRGINIA (M.B. 285, P. 65) SCALE: 1" = 100' MARCH 31, 2000 ROUSE - SIRINE ASSOCIATES, LTD. SURVEYORS AND MAPPING CONSULTANTS 333 OFFICE SQUARE LANE VIRGINIA BEACH, VIRGINIA 23462 " as recorded in M.B. 287, at Page 70 in the Clerks Office of the Circuit Court of the City of Virginia Beach, and being further designated and described as 295 Bendix Road, Virginia Beach, Virginia 23452; That, WHEREAS, it is proposed by the Grantee to construct and maintain a storage building, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the said Grantee encroach into a portion of an existing City drainage easement located adjacent to the north side of Interstate 264 and along the southern property line of Parcel 1, "The Encroachment Area"; and WHEREAS, Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 1477-72-1058-0000 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid, to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT EXHIBIT FOR CONVERGENCE CENTER BUILDING `B' JUNE 11, 2002," a copy of 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 City to the Grantee, and that within thirty (30) days after such notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and .that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. 2 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 encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. 3 It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereofto the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Olympia Bendix , L.L.C. has caused this agreement to be executed by Cecil V. Cutchins, Manager of Olympia Bendix, L.L.C., a Virginia limited liability company, with due authority to bind said limited liability company. Further, that the City of Virginia 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. (SEAL) ATTEST: City Clerk 4 By: CITY OF VIRGINIA BEACH City Manager/Authorized Designee of the City Manager OLYMPIA BENDIX, LLC Cecil V Mana • er STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 2002, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of VIRGINIA BEACH. , 2002, by RUTH HODGES SMITH, CMC, City Clerk for the CITY OF Notary Public My Commission Expires: STATE OF Vig4ig CITY/COUNTY OF I) iaa i IA a , to -wit: The foregoing instrument was acknowledged before me this R V?It day of L , 2002, by Cecil V. Cutchins, Manager on behalf of Olympia Bendix, LLC. My Commission Expires: c/..31 . ,p ti APPROVED AS TO LEGAL SUFFICIE ► CY 6.16 e CITY ATTORNEY 5 APPROVED AS TO CONTENT Qa.irqs: C. 66,11,e, Y REAL ESTATE AGENT ...,.e.1.1............11... OLYMPIA BENDIX, LLC 295 BENDIX ROAD Back wall of storage building looking west Back wall of storage building looking east Southeast corner of building Back wall of storage building looking west CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Encroachment Request for Willi Fenske at 500 Southside Road MEETING DATE: September 3, 2002 Background: Willi Fenske has requested permission to construct and maintain a boat lift, an existing floating pier, and to replace four existing mooring piles into Lake Wesley behind his property at 500 Southside Rd. The existing bulkhead and existing rip -rap are inside the boundaries of the applicant's property. There are other similar type improvements in the neighborhood. Considerations: Staff has reviewed this request and has no objections to this encroachment from an operational and maintenance standpoint. The Department of Public Works supports the utilization of "hardened slope stabilization" revetment methods including bulkheading, grouted rip -rap and rip -rap with filter cloth to minimize and prevent soil loss along bank slopes associated with open drainage ditch, canal, and lake systems. These methods are successful in areas with soil types classified as highly erodible, especially during major rainfall events which create high velocities and wave action along bank slopes due to high winds. Public Information: Advertisement of City Council Agenda. Alternatives: Approve the encroachment as requested, deny the encroachment, or add conditions as desired by Council. Recommendations: Staff recommends approval of this encroachment subject to the applicant complying with conditions set forth in the agreement. Authorize City Manager to sign agreement. Attachments: Ordinance Location Map Agreement with plat attached Photos Recommended Action: Approve request and authorize City Manage to sign agreement. Submitting Department/Agency: Public Works/Real Estate Wf City Manager.75—tr- 1 Requested by Department of Public Works 2 AN ORDINANCE TO AUTHORIZE A 3 TEMPORARY ENCROACHMENT INTO A 4 PORTION OF THE CITY'S PROPERTY OF 5 LAKE WESLEY BY WILLI FENSKE, HIS 6 HEIRS, ASSIGNS AND SUCCESSORS IN 7 TITLE 8 WHEREAS, WILLI FENSKE, desires to construct and maintain 9 a boat lift, an existing floating pier, and to replace four (4) 10 existing mooring piles into the City's property known as Lake 11 Wesley. 12 WHEREAS, City Council is authorized pursuant to §§ 15.2- 13 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 14 authorize a temporary encroachment upon the City's property subject 15 to such terms and conditions as Council may prescribe. 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA: 18 That pursuant to the authority and to the extent thereof 19 contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as 20 amended, WILLI FENSKE, his heirs, assigns and successors in title, 21 is authorized to construct and maintain a temporary encroachment 22 for a boat lift, an existing floating pier, and to replace four (4) 23 existing mooring piles in the City's property known as Lake Wesley 24 as shown on that certain plat entitled: "REAL ESTATE ENCROACHMENT 25 SITE PLAN PIER, FLOAT, MOORING PILES AND BOAT LIFT FOR WILLI FENSKE 26 LOT B-6, BLOCK B, REPLAT OF RUDEE HEIGHTS BEACH DISTRCT [sic] 27 VIRGINIA BEACH, VA 23451 (M.B. 26 PG. 57) DATE: APRIL 8, 2002", a 28 copy of which is on file in the Department of Public Works to which 29 reference is made for a more particular description; and 30 BE IT FURTHER ORDAINED, that the temporary encroachment 31 is expressly subject to those terms, conditions and criteria 32 contained in the Agreement between the City of Virginia Beach and 33 WILLI FENSKE (the "Agreement"), which is attached hereto and 34 incorporated by reference; and 35 BE IT FURTHER ORDAINED, that the City Manager or his 36 authorized designee is hereby authorized to execute the Agreement. 37 BE IT FURTHER ORDAINED, that this Ordinance shall not be 38 in effect until such time as WILLI FENSKE and the City Manager or 39 his authorized designee execute the Agreement, 40 Adopted by the Council of the City of Virginia Beach, 41 Virginia, on the day of 2002. 42 CA# - 43 TKENNIENCROACHIFENSKE.ORD 44 R1 45 PREPARED: 7/22/02 2 APPR ED AS TO CONTENTS ifinc.c C (94,41Csi'K SIGNATURE ALJ e-Ct) Ethk DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND F G T CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this 1 a 4- day of �\ 20 0. , by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, the "City", Grantor, and WILLI FENSKE, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, the "Grantee" (even if more than one). WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract or parcel of land designated and described as Lot B-6, Block B, as shown on the Replat of Rudee Heights, M.B. 26, PG. 57, and being further designated and described as 500 Southside Road, Virginia Beach, VA 23451; and WHEREAS, it is proposed by the Grantee to construct and maintain a boat lift, an existing floating pier, and to replace 4 existing mooring piles, a "Temporary Encroachment" in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Wesley, the "Encroachment Area", and the Grantee has requested that the City permit a Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee, and for GPIN: 2427-20-0173 the further consideration of One Dollar ($1.00) in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining a Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to - wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "REAL ESTATE ENCROACHMENT SITE PLAN PIER, FLOAT, MOORING PILES AND BOAT LIFT FOR WILLI FENSKE LOT B-6, BLOCK B, REPLAT OF RUDEE HEIGHTS BEACH DISTRCT [sic] VIRGINIA BEACH, VA 23451 (M.B. 26 PG. 57) DATE: APRIL 8, 2002", a copy of which is attached hereto as Exhibit "A" 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 City to the Grantee, and that within thirty (30) days after the notice is given the Temporary Encroachment must be removed from the Encroachment Area by the Grantee, and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall 2 be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a waterfront construction permit from the Development Services Center of the Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain an approved Joint Permit Application from Waterfront Operations of the Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability insurance, or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than '$500,000.00, combined single 3 limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (3 0) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City. It is further expressly understood and agreed that the Grantee must submit, for review and approval, a survey of the Encroachment Area certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment and, pending such removal, the City may charge the Grantee for the use of the Encroachment Area the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and, if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a 4 penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection local or state taxes. IN WITNESS WHEREOF, WILLI FENSKE, the said Grantee has caused this Agreement to be executed by his signature and seal duly affixed. 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. of (SEAL) ATTEST: 1 City Clerk APPROVED AS TO LEGAL SUFFICIENCY CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager 5 (SEAL) 11 ?PROVED AS TO CONTENT S C. ot.t.v,efi, 41�� •;D1U"E tO DEPARTMENT STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 20 by City Manager/Authorized Designee of the City Manager, on behalf of the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 20 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF 14/W4-4 A- CITY/COUNTY OF /'t,1' c to -wit: The foregoing instrument was acknowledged before me this /f T'/ dayof f C - � 20 by WILLI FENSKE. My Commission Expires: 7/3! /iav 3 6 Notary Public EXIST. BOAT UFT LAKE WESLEY REPLACE 4 EX. PILES EMP: EXISTING MOORING PILES 23' 18' ENP EMP • EMP PIER, FLOAT, PILES AND PROPOSED UFT ARE LOCTAED ON CITY PROPERTY: 2427-20-7891 PROPOSED REPLACEMElV�� 50%ORING OF PILES PIIF TO BE CLASS B PILES LENGTH BELOW MUDUNE. EX. FLOAT AND PILES PROPOSED BOAT UFT S 13'20'47+ W 19.33 • EMP S` r40'22. EXISTING RIPRAP EXISTING FLOATING PIER AND PILES 0 LOT 8-7 N/F R. DOUMAR 2427-20-1201 N 0 r lz 0 MLW 0.00 AND MHW 2.8' AT FACE OF EXISTING BULKHEADS. LOT B-5 N/F L. YATES 2427-10-9095 IPF GP IN : 2427-20-0173-0000 Sp v IPF PLAN VIEW SCALE 1" = 40' WATERFRONT 1112 JENSEN DRIVE, STE. 206 VIRGINIA BEACH, VA 23451 PHONE: (757) 425-8244 FAX: (757) 425-8244 REAL ESTATE ENCROACHMENT SITE PLAN PIER, FLOAT, MOORING PILES AND BOAT UFT FOR WIW FENSKE LOT B-6, BLOCK t?), REPEAT .OF RUDEE HEIGHTS BEACH DISTRCT VIRGINIA BEACH, VA 23451 (M.B. 26 PG. 57) DATE: APRIL 8, 2002 LOCATION MAP SCALE :1" = 1,600' c LAKE WESLEY O LOCATION MAP FOR ENCROACHMENT FOR WILLI FENSKE AT 500 SOUTHSIDE ROAD SCALE 1" = 100" //8 SOUTHSIDE.DGN M.J.S. 6432 PREPARED BY PAW ENG. CADD DEPT. 20 -JUN -2002 i �. [:': W .. s.�.w _�.. ri�..J..r-. ...a-i�w tel.. nJ�'4.IHl. ....,...m.• .• .w.. r � m ♦ ..rr �. ... FENSKE SITE 500 SOUTHSIDE RD LOOKING EAST (ACROSS LAKE WESLEY) CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: An Ordinance to Approve an Amendment to Lease between City of Virginia Beach and Virginia Beach Little League, Inc. MEETING DATE: September 3, 2002 Background: On January 1, 2001 the City entered into a five year lease with Virginia Beach Little League Inc., (the "VBLL"), to lease a 13.06 acre parcel of the 24.6 acre Ocean Lakes Community Park for the purpose of operating a youth baseball league. Under Section 3 of the lease, the VBLL was authorized to install ballfield lighting poles and new lighting fixtures solely on the boys senior league ballfield (ballfield #4). This field is a 300' field. The Little League International organization recognized the VBLL for having the best Safety Plan in the Nation, and awarded the VBLL a MUSCO Sports lighting system to light a 200' Little League size field. The VBLL desires to use the lighting, but ballfield #4 is too Targe for the system. The lease specifically states that lighting may be installed only on ballfield #4 and any deviations from the terms and conditions thereof must be approved by City Council. Accordingly, the lease must be amended to permit the installation of the lighting system on ballfield #3 which is a 200' field, and the amendment must be brought before City Council for approval. Considerations: The President of the VBLL and Department of Parks and Recreation staff met with the Board of Directors of the Ocean Lakes Community Association, Inc. on February 27, 2002 to present the change in the proposed installation of ballfield lighting. The Board has given its written approval for the VBLL to install ballfield lighting on ballfield #3 at the Ocean Lakes Community Park fields. The Department staff has no objection to the installation of the lighting on ballfield #3 in addition to the lighting to be installed on ballfield # 4. Public Information: All public information will be handled through the normal agenda process. Recommendations: Adopt the ordinance authorizing the City Manager to execute an amendment to the current lease with the Virginia Beach Little League to allow the installation of ballfield lighting on ballfield #3. Installation of lighting on ballfield #4 shall remain as set forth in the Lease. Attachments: Ordinance Amendment Letter of request from President of Virginia Beach Little League. Approval letter from Ocean Lakes Board of Directors. Virginia Beach Little League Complex Diagram Recommended Action: Approv Submitting DepartmentIAgenc : Departmen City Manager Parks and Recreation 1 ORDINANCE 2 AN ORDINANCE TO APPROVE AN 3 AMENDMENT TO THE LEASE BETWEEN THE 4 CITY AND VIRGINIA BEACH LITTLE LEAGUE, 5 INC. 6 WHEREAS, the City of Virginia Beach ("City") is the owner of that certain parcel 7 of land containing approximately 24.6 acres, together with all improvements, located in Virginia 8 Beach, Virginia and known as the Ocean Lakes Community Park ("Park Site"); 9 WHEREAS, Virginia Beach Little League, Inc. ("VBLL") has been leasing a 13.06 1 0 acre portion of the Park Site for the purpose of operating a youth baseball league by lease dated 11 January 1, 2001 (the "Lease"). 12 WHEREAS, VBLL has received an award ofa lighting system for a 200 foot baseball 13 field and the current Lease allows the installation lighting only on Ballfield # 4 which is a 300 foot 14 baseball field ; 15 WHEREAS, VBLL has obtained the written approval of the Ocean Lakes Community 16 .Association to install the lighting system on Ballfield # 3 which is a 200 foot field, and a copy of 17 the written approval letter is attached hereto as Exhibit A; and 18 WHEREAS, the City's Department of Parks and Recreation has detennined that the 19 installation of the lighting system on Ballfield # 3 will not be a detriment or constitute a hazard to 20 the adjacent properties. 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 That the Amendment to the Lease between the City and Virginia Beach Little League, 24 Inc. allowing the installation of lighting on Ballfield # 3 in Paragraph 3 of the Lease, is hereby 25 approved, and the City Manager or his designee is hereby authorized to execute such Amendment 26 in the form substantially attached hereto. 27 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 28 , 2002. CA -8568 G:\BZA1vbllamd.ord.wpd R-1 S/20!02 APPR • : D • _ TO CONTENT: Departm nt Par & Recreation APPROVED AS TO LEGAL SUFFIC ENCY: Department of Law 2 EXHIBIT A Susan Topping - Fw: Little League Lights From: "Andrew Adler" <aadler6@cox.net> To: "Susan Topping" <STOPPING@vbgov.cam> Date: 6/28/2002 10:14 PM Subject: Fw: Little League Lights I just redeved this email from the Ocean Lakes Community Assodation, Inc. Let me know if this is good enough to go forward with the request to put up ball field lighting on field #3. Thanks Andy Adler, President Virginia Beach Little League Original Message From: <OCEANLAKESVB@aol.com> To: "Adler, Andrew L." caadler©northropgrumman.com> Sent: Friday, June 28, 2002 4:20 PM Subject: Little League Lights > Dear Mr. Adler, > > Pursuant to our conversation of earlier this week, I am writing to confirm > that the Ocean Lakes Board of Directors has approved the installation of Musco lighting equipment as outlined in your letter dated January 29, 2002. > > Should you have any questions, please feel free to contact me. > > Sincerely, > For the Board of Directors > Ocean Lakes Community Association, Inc. > Ida Draper • > Association Manager > me•fly AnnrinmPntgVninanrievr,l 1CPttincioctnnnlnp\ neat%?0Settines\TernrAt W300005.HTM 7/1/2002 FIRST AMENDMENT TO THE LEASE BETWEEN THE CITY OF VIRGINIA BEACH AND VIRGINIA BEACH LITTLE LEAGUE, INC. THIS FIRST AMENDMENT TO THE LEASE is made this day of 2002, by and between the CITY OF VIRGINIA BEACH, Virginia, a municipal corporation of the Commonwealth of Virginia (the "City") and VIRGINIA BEACH LITTLE LEAGUE, INC., a non- profit Virginia corporation ("VBLL"), and amends that Lease dated January 1, 2001, by and between the City and the VBLL for the use of a 13.06 acre portion of the Ocean Lakes Community Park located in the City of Virginia Beach. WITNESSETH: THAT FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto amend the Lease as follows: 1. The introduction to Paragraph 3 of the Lease shall be deleted and replaced with the following paragraph: "Lessor hereby authorizes Lessee and Lessee agrees to install on the Leased Premises six (6) new MUSCO seventy (70') foot, galvanized steel ballfield lighting poles and a total of fifty-four (54), fifteen hundred (1,500) watt lighting fixtures on the boys senior league ballfield (ballfield #4), and four (4) new MUSCO sixty (60') foot, galvanized steel poles and a total of twenty-six (26), fifteen hundred (1500) watt Metal Halide lighting fixtures on the minor ballfield (ballfield #3) subject to the following conditions:" 2. In all other respects the Lease shall remain in full force and effect. WITNESS the following signatures: CITY OF VIRGINIA BEACH By: ATTEST: Ruth Hodges Smith City Clerk City Manager/Authorized Designee VIRGINIA BEACH LITTLE LEAGUE, INC. By: President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2002, by , City Manager/Authorized City Manager of the City of Virginia Beach, Virginia, on its behalf. He/She is personally known to me. Notary Public My Commission expires STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2002, by Ruth Hodges Smith, City Clerk of the City of Virginia Beach, Virginia, on its behalf. She is personally known to me. Notary Public My Commission expires STATE OF VIRGFNJA CITY OF , to -wit: The foregoing instrument was acknowledged before me this day of , 2002, by , President of Virginia Beach Little League, Inc., on its behalf. Notary Public My Commission expires 2 APPROVED AS TO LEGAL SUFFICIENCY AND FORM ,.,o,fryeetaa. alt Law Department j AL AS TO CONTENT: Dept. of Pa s & Recreation C:\Documents and Settings'stopping\Local Settings\Templvbll.amd.wpd 3 PRESIDENT Andrew Adler 1621 Poincare Bend Virginia Beach, VA 23454 (757) 721-6187 (Home) (757) 621-1356 (Mobile) (757) 498-5513 (Work) (757) 498-5670 (Fax) aadier northroporumman.com LEAGUE OFFICERS Vice President (American) Brad Lewis Vice President (National) Jerry Scott Secretary Marcia Brunet Treasurer Debra Jarzynka Player Agent Cathy Lewis Safety Officer Lynn Metheny Information Officer Andrew Adler Umpire -in -Chief Mark Saunders Equipment Manager Mark Lovering Field Manager Dave Reed Coaching Coordinator Jack Mckinsey Auxiliary Chair Mario Rosales Virginia Beach Little League P.M.B. 1581-107 General Booth Blvd. Virginia Beach, VA 23454 (757) 426-7663 Federal Tax Identification Numbers: 54-1375758 91-1848969 January 29, 2002 Ms. Ida Draper, President Ocean Lakes Community Civic League 1718 Wellsford Dr. Virginia Beach, VA 23454 Dear Ms. Draper: League Identificat1on Numbers: Virginia Beach American LL: 346-08-16 Virginia Beach National LL: 346-08-20 I am requesting for myself and Susan Topping of the Virginia Beach Department of Parks and Recreation to attend your next civic league meeting so that 1 can present to your board of directors information about a change in the proposed installation of ball field lighting at the Virginia Beach Little League complex. You may recall that Little League International recognized the Virginia Beach Little League in 1998 for having the best Safety Plan in the Nation. The prize award was a Musco Sports lighting system to light a 200' Little League size field. This matter has been before your board before and there was no objection to us installing ball field lighting on the Senior 300' ball field (4), however, the Musco lighting equipment that the Virginia Beach Little League was awarded is only for a 200' field. Susan Topping has requested that I attend your board meeting to inform you of this change from lighting the 300' field (4) to wanting to light a 200' field (3). Please see enclosed Virginia Beach Little League Complex Diagram. I would like the opportunity to present to you and your board the change in field lighting and answer any questions you may have about this project. Your kind consideration is greatly appreciated. You may reach me at 621-1356 or by email at aadler►.northropgrumman.com Very truly yours: Andrew Adler, President Virginia Beach Little League cc: Susan Topping Department of Parks & Recreation Municipal Center Bldg 21 2408 Courthouse Drive Virginia Beach, VA 23456 (757) 563-1118 stoppingrvbgov.com vvww.myteam.com/go/virginiabeachamericanil Virginia Beach' Little' League'piex'9 Diagram Field (1) Majors 100 elm SCALC IM FEET 4FriTITIIIT---"BaCILUTThE JZAGIILIMMEISC flROW, DVG 44.1 ttv CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Ordinance Authorizing the City Manager to execute a Deed of Boundary Settlement relating to Red Wing Lake Golf Course MEETING DATE:september" 3, 2002 Background: Pursuant to Chapter 690 of the 1994 Acts of Assembly, the Commonwealth of Virginia conveyed an approximately 288 -acre tract of land located at Camp Pendleton to the City of Virginia Beach on which the City operates Red Wing Lake Golf Course. The property is adjacent to Dam Neck Amphibious Base, which is owned by the United States of America. There is an approximately 5 acre boundary overlap between Red Wing Lake Golf Course and Dam Neck created by older inconsistent recorded plats and deeds in the chain of title to the United States. Because there exists some question as to the correct boundary line between Red Wing and Dam Neck, the City and the United States desire to definitively establish the boundary line and the United States has agreed with the City's assertion that the City has a superior claim to the 5 acres in question. Considerations: Definitively establishing the boundary line will clear up any future title and boundary questions with respect to ownership of the disputed area. Recommendations: Approve Ordinance authorizing the City Manager to execute a Deed of Boundary Settlement to definitively establish the boundary line between Dam Neck Amphibious Base and Red Wing Lake Golf Course. Public Information: Public information will be handled through the normal Council Agenda Process Attachments: Ordinance Copy of Acquisition Plat Depicting Boundary Adjustments Copy of Deed of Boundary Settlement Recommended Action: Approval Submitting Department/Agency: beck City Manager L 1 AN ORDINANCE AUTHORIZING THE CITY 7 MANAGER TO EXECUTE A DEED OF 3 BOUNDARY SETTLEMENT RELATING TO RED 4 WING LAKE GOLF COURSE 5 WHEREAS, pursuant to Chapter 690 of the 1994 Acts of Assembly, the Commonwealth of 6 Virginia conveyed an approximately 288 -acre tract of land located at Camp Pendleton (the 7 "Property") to the City of Virginia Beach on \vllich the City operates Red Wing Lake Golf -Course; 8 WHEREAS, the Property is adjacent to Dam Neck Amphibious Base, which is owned by the 9 United States of America; 10 WHEREAS, there is an approximately 5 acre boundary overlap between Red Wing Lake Golf 11 Course and Dam Neck created by older inconsistent recorded plats and deeds in the chain of title to 12 the United States; 13 WHEREAS, the United States has agreed with the City's assertion that the City has a 14 superior claim to the 5 acres in question; and 15 WHEREAS, because there exists some question as to the correct boundary line between Red 16 Wing Lake Golf Course and Dam Neck, the City and the United States Government desire to 17 definitively establish the boundary line. 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 1. The City Council approves (i) the establishment of the boundary line ,between the 21 City's Red Wing Lake Golf Course and the United States of America's Dam Neck Amphibious Base 22 as depicted on the plat attached hereto as Exhibit A and (ii) the Deed of Boundary Settlement 23 attached hereto as Exhibit B which establishes such boundary line. 24 2. The City Council authorizes the City Manager to execute the Deed of Boundary 25 Settlement in the form attached to this Ordinance as Exhibit B, together with such modifications as 26 nay be approved by the City Manager and the City Attorney. 28 29 2002_ 11 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of CA -8565 C:\WINDOWS1TEMP\REDWfl 2.WPD R -I August 2, 2002 34 APPROVED AS TO CONTENT: 35 36 37 38 39 40 41 fi17?7 S C. 0Y44-1,1:(1, blic Works/Real Estate APPROVED AS TO LEGAL SUFFICIENCY: CAKI-4)) E(11„, City Attorney PROSPERITY Pn_IP A • tb roma•AZ14.., owitraq DT MANX =Ate; vIRGNBA rtrocm.viAGnim scwo, /1-•)(2/- SLINvEYOR. MY Or 1,01.1A &Expo, N/A \311A5'f-- WES: ,pplopERN cif surogrx.o. IS aLSED ON PLATS.OEEDS. 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ALT, 1.0 •••,43L'",:•-.4"," ' 50 EXHIBIT "A" 60 EXHIBIT "B" EXEMPTION CLAIMED: §58.1-811(a) (3) All correspondence relating to this document should refer to Identification No.: 11011-N00281-0006 This instrument was prepared by the Atlantic Division, Naval Facilities Engineering Command, 1510 Gilbert Street, Norfolk, VA 23511-5699 Return to Damien X. Walsh, ESQ. Office of Counsel, at the above address DEED OF BOUNDARY SETTLEMENT THIS DEED OF BOUNDARY SETTLEMENT, made and entered into this .70 day of .c , 2002, by and between the UNITED STATES OF AMERICA, actingby and throughthe DEPARTMENT OF THE NAVY, represented bythe Commander, c PAtlantic Division, Naval Facilities Engineering Command, hereinafter called the "UNITED STATES", whose address is 1510 Gilbert Street, Norfolk, Virginia 23511-2699; and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, hereinafter called the "CITY", whose address is Municipal Center, Virginia Beach, Virginia 23456. Each of the parties to this document shall be indexed as a "Grantor" and a "Grantee". WITNESSETH: WHEREAS, the UNITED STATES and the CITY are the owners of adjoining parcels of land designated as "NOW OR FORMERLY UNITED STATES OF AMERICA DAM NECK AMPHIBIOUS BASE UNITED STATES NAVY - GPIN 2425-39-2661" AND "COMMONWEALTH OF VIRGINIA D.B. 195 PG.178 M.B. 2 PG.27 M.B. 109 PG.46 — GPIN 2425-09-5570" on that certain plat entitled: "AMENDED PLAT SHOWING PROPERTY TO BE CONVEYED TO THE CITY OF VIRGINIA BEACH FROM COMMONWEALTH OF VIRGINIA, VIRGINIA BEACH, 'VIRGINIA", Scale: 1" = 200', dated August 30, 2001, prepared by Survey Bureau, Engineering Division, Department of Public Works, City of Virginia Beach, Virginia, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 302, at pages 58 and 59, hereinafter called the "PLAT"; and WHEREAS, there exists some question as to the correct boundary line between the lands of the parties, specifically with those areas designated on the PLAT as "AREA `E"' and "AREA `F"'; and WHEREAS, it is the desire of the parties hereto to definitively fix and establish the boundary line between their said properties; NOW, THEREFORE, in consideration of the premises herein contained, the receipt and sufficiency of which are hereby acknowledged, the UNITED STATES and the CITY do hereby agree that the true and correct boundary line between their respective lands shall be that certain boundary line, hereinafter called the "BOUNDARY LINE", which is shown on the PLAT and described as follows: GPIN 2425-39-2661 & 2425-09-5570 1 BEGINNING at a point which is the northeast corner of the property of the CITY designated on the PLAT as "Area `A—, thence running S 19° 06' 10" W a distance of 404.03 feet to a concrete monument; thence running S 19° 06' 10" W a distance of 1,035.13 feet to a pin; thence running S 200 28' 03" W a distance of 466.51 feet to a concrete monument; thence running S 16° 15' 36" E a distance of 83.74 feet to a pin. The UNITED STATES and the CITY, by the acceptance of this DEED, do covenant and agree to the provisions specified below: 1. The UNITED STATES does hereby release, remise and forever quitclaim unto the CITY, its successors and assigns, all of the right, title and interest of the UNITED STATES in and to the land Lying on the west side of the BOUNDARY LINE, specifically including, but not limited to, "AREA `E" and "AREA `F"' as shown on the PLAT. AREA `E' and AREA 'F' are more particularly described with reference to the PLAT as follows: AREA `E' AREA `F' COMMENCING at a point which is the northeast corner of the property of the CITY designated on the PLAT as "Area `A—, thence running S 19° 06' 10" W a distance of 404.03 feet to a concrete monument; thence running 5 19° 06' 10" W a distance of 1,035.13 feet to a piri; thence running S 20° 28' 03" W a distance of 466.51 feet to a concrete monument which is the true POINT OF BEGINNING; thence running S 16° 15' 36" E a distance of 83.74 feet to a pin; thence running S 56° 52' 00" W a distance of 84.39 feet to a pipe; thence running N 20° 28' 03" E a distance of 135.04 feet to the POINT OF BEGINNING. COMMENCING at a point which is the northeast corner of the property of the CITY designated on the PLAT as "Area `A'", thence running 5 19° 06' 10" W a distance of 404.03 feet to a concrete monument which is the true POINT OF BEGINNING; thence running S 19° 06' 10" W a distance of 1,035.13 feet to a pin; thence running 5 20° 28' 03" W a distance of 466.51 feet to a concrete monument; thence running N 16° 15' 36" W a distance of 344.83 feet to a pin; thence running N 23° 27' 05" E a distance of 510.70 feet to a pin; thence running N 23° 57' 42" E a distance of 627.28 feet to a pin; thence running N 730 11' 42" E a distance of 146.71 feet to the POINT OF BEGINNING. 2 2. The CITY does hereby release, remise and forever quitclaim unto the UNITED STATES, its successors and assigns, all of the right, title and interest of the CITY in and to the land lying on the east side of the BOUNDARY LINE. IN WITNESS WHEREOF, the undersigned have signed and sealed these presents or caused these presents to be executed by their respective duly authorized officers and their seals to be affixed hereto as of the date first above written. [SEAL] ATTEST: City Clerk APPROVED AS TO FORM CITY ATTORNEY UNITED STATES OF AMERICA By: JULIE C BARNES \ Realty Specialist Claimant Branch Real Estate Division Real Estate Contracting Officer CITY OF VIRGINIA BEACH By: (SEAL) Name: 3 City Manager/Designee of City Manager ACCEPTED ON BEHALF OF THE CITY OF VIRGINIA BEACH CITY REAL ESTATE AGENT COMMONTEALTH OF VIRGINIA CITY OF t/P.VC_ , to -wit: The foregoing instrument was acknowledged before me this ay of July , 2002, by Julie C. Barnes as Real Estate Contracting Officer, on behalf of the United States of America, Department of the Navy. [AFFIX SEAL] COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: ary Public MyCommission Ex fres: 4 P ,� The foregoing instrument was acknowledged before me this day of , 2002, by , as City Manager/Designee of City Manager of the City of Virginia Beach, Virginia. [AFFIX SEAL] COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: Notary Public My Commission Expires: The foregoing instrument was acknowledged before me this day of 2002, by , as City Clerk of the City of Virginia Beach, Virginia. [AFFIX SEAL] Notary Public My Commission Expires: 4 CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Transfer of Funding Between Capital Projects within the Storm Water Capital Improvement Program MEETING DATE: September 3, 2002 Background: As the FY 2002-03 Resource Management Pian was being developed, the Storm Water Capital Improvement Program was moving forward with the completion of the construction phase on several projects. Due to the competitive construction market, several of these projects were completed under the projects total CIP budget. As the construction activity proceeded for Fair Meadows Drainage (7- 012) and in the regular monthly construction meetings between City Staff and the residents, the need to revise the scope for this project was identified. The revision included expanding the piped drainage system improvements and decreasing the proposed ditch component of the proposed drainage improvements at various locations throughout the Fair Meadows neighborhood. The change in project scope will achieve multiple outcomes by enhancing the drainage, safety, character, vitality, health, and aesthetics of the Fair Meadows neighborhood as the drainage system will be more efficient to maintain by the residents and City alike. Considerations: To implement this work and continue the forward progression of the Storm Water Capital Improvement Program, additional funds are required to cover the increase in the scope of work for Fair Meadows Drainage (7-012) $300,000. Funds are available in existing storm water capital projects, Princess Anne Plaza Drainage, Phase 11 (7-114) $100,000, Sandbridge Drainage Improvements (7-144) $75,000, Pocahontas Village (7-181) $75,000, and Lake James (7-018) $50,000 to fund these additional work without adversely impacting the existing projects as shown below: Funds Transferred To: 7-012 Fair Meadows Drainage $300,000.00 Funds Transferred From: 7-114 Princess Anne Plaza Drainage, Phase 11 7-144 Sandbridge Drainage Improvements 7-181 Pocahontas Village 7-018 Lake James $100,000.00 $75,000.00 $75,000.00 $50,000.00 Total $300,000.00 Currently, Sandbridge Drainage Improvements (7-144) and Pocahontas Village (7-181) are complete. Lake James (7-018) is scheduled to be complete this fall, and Princess Plaza Drainage, Phase 11 will be complete this fall with the installation of landscaping along portions of the ditch system. Sufficient funding will remain in Lake James and Princess Anne Plaza Drainage - Phase 11 to complete the projects. Funding changes as currently proposed will address other immediate needs. Public Information: Public information will be handled through the normal City Council agenda process. Alternatives: No alternatives are available to move the Storm Water Projects Capital Improvement Program forward. (Continued on next page) Recommendations: It is recommended that City Council adopt the attached ordinance to transfer $300,000 between existing capital projects, as specified above (see Considerations section of Agenda Request), within the Storm Water Capital Improvement Program to move these projects forward into the construction phase. Attachment: Ordinance Recommended Action: Approval of Ordinance Submitting DepartmentJAgency: Public Works/Engineering C City Manager - )1_,.. F:\Da • ' Y\Ordin\NONCODE\SW U - Fair Meadows.Agenda .wpd F:\Data\ATY\Ordin\NONCODE\SWV - Fair Meadows.Agenda .wpd August 8, 2001 1 AN ORDINANCE TO TRANSFER $300,000 2 FROM VARIOUS STORM WATER CAPITAL 3 PROJECTS TO CAPITAL PROJECT #7-012, 4 FAIR MEADOWS DRAINAGE, TO EXTEND THE 5 PIPED DRAINAGE SYSTEM IN FAIR MEADOWS 6 WHEREAS, $300,000 from various existing storm water 7 capital projects is available to be transferred into capital 8 project #7-012, Fair Meadows Drainage, to extend the piped drainage 9 system in the Fair Meadows neighborhood. 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 11 OF VIRGINIA BEACH, VIRGINIA: 12 1. That $300,000 is hereby transferred from the capital 13 projects and in the amounts as set forth below to Capital Project 14 #7-012, Fair Meadows Drainage, to extend the piped drainage system 15 in Fair Meadows; 16 2. That the $300,000 to be transferred shall come from 17 the projects set forth below: 18 19 (1) $50,000 from #7-018, Lake James; (2) $100,000 from #7-114 Princess Anne Plaza 20 Drainage, Phase II; 21 (3) $75,000 from #7-144, Sandbridge Drainage 22 Improvements; and 23 (4) $75,000 from #7-181, Pocahontas Village. 24 Adopted by the Council of the City of Virginia Beach, 25 Virginia, on the day of , 2002. CA8590 ordin/noncode/SWU-Fair Meadows.ord.wpd R2 August 19, 2002 APPROVED AS TO LEGAL SUFFICIENCY: QC City Attorne 6 t (F Office APPROVED AS TO CONTENT: Management Services FORM NO. CM 5 REV. 11/91 The Honorable Mayor To: Members of the Council James K. Spore From: City Manager CITY OF VIRGINIA BEACH AGENDA REQUEST NATURE OF ITEM: Zoning/Use Permit Contract Trans fer/Appropriation; 1"/2' Reading X Other Resolution Subject: Resolution Approving the Issuance of Multi -Family Housing Bonds (CP Atlantic, L.P. - Atlantis Apartments Project) BUDGET SECTION: Amount $ Funding Source: AGENDA ON: September 3 , 2002 HISTORY: Recommendation: Signature The City of Virginia Beach Development Authority has considered the request of CP Atlantic, L.P., a California limited partnership, for the issuance of "the Authority's Multi -Family Residential Housing Bonds in an amount not to exceed $12,000,000 to assist in financing of the company's acquisition, renovation and equipping of a 208 unit multi -family housing project known as Atlantis Apartments Project, located at 999 Atlantis Drive, Virginia Beach, Virginia. The request was duly advertised for a public hearing before the Authority in accordance with the requirements of Section 15.2- 4906 of the State Code, and the Authority passed a resolution on July 16, 2002, recommending that City Council approve issuance of the bonds. FACTS/DISCUSSIONS/OPTIONS: The matter comes before Council for its approval pursuant to Section 15.2-4906 which requires the municipality on behalf of which the bonds of an authority are issued to either approve or disapprove any financing recommended by such authority within sixty (60) days of the date of the authority's public hearing. ATTACHMENTS: IDB Submission to Council Notice of Public Hearing Record of Public Hearing Development Authority's Resolution Disclosure Statement Authority's Statement Fiscal Impact Statement Summary Sheet Letter from Housing and Neighborhood Preservation dated July 10, 2002 Resolution Location Map Copies to: Recommended Action: APPROVAL Submitting Agency/Signature i Development Authority Gary ' entress of Counsel D/ACM: Council Action: Date: VLRGINIA BEACH July 16, 2002 The Honorable Meyera E. Oberndorf, Mayor Members of City Council Municipal Center Virginia Beach, VA 23456 Re: Atlantis Apartments Project Dear Mayor Oberndorf and Members of City Council: Virginia Beach Development Authority One Columbus Center, Suite 300 Virginia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 We submit the following in connection with project Atlantis Apartments Project located at 999 Atlantis Drive in the City of Virginia Beach, Virginia. (1) Evidence of publication of the notice of hearing is attached as Exhibit A, and a summary of the statements made at the public hearing is attached as Exhibit B. The City of Virginia Beach Development Authority's (the "Authority") resolution recommending Council's approval is attached as Exhibit C. (2) The Disclosure Statement is attached as Exhibit D. (3) The statement of the Authority's reasons for its approval as a benefit for the City of Virginia Beach and its recommendation that City Council approve the modification of the bonds described above is attached as Exhibit E. (4) The Fiscal Impact Statement is attached as Exhibit F. The Honorable Meyera E. Oberndorf, Mayor Members of City Council July 16, 2002 Page 2 (5) Attached as Exhibit G is a summary sheet setting forth the type of issue, and identifying the Project and the principals. (6) Attached as Exhibit H is a letter from the appropriate City department commenting on the Project. Very truly yours, e `. 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MI rights reserved. »mi 0.2 0.4 "" Page` RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA APPROVING THE ISSUANCE OF MULTIFAMILY HOUSING BONDS WHEREAS, the City of Virginia Beach Development Authority (the "Authority"), has considered the application of CP Atlantic, L.P. (the "Borrower") for the issuance of the Authority's multifamily housing revenue bonds in an amount not to exceed $12,000,000 (the "Bonds") to assist in the financing of the Company's acquisition, renovation and equipping of a 208 unit multifamily housing project (all improvements and land being collectively referred to as the "Project") located at 999 Atlantis Drive, Virginia Beach, Virginia, and held a public hearing on July 16, 2002; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City"), to approve the issuance of the Bonds to comply with Section 147(0 of the Internal Revenue Code of 1986, as amended (the "Internal Revenue Code") and Section 15.2-4906 of the Code of Virginia of 1950, as amended (the "Virginia Code"); and WHEREAS, pursuant to Section 15.1-1378.1, Code of Virginia, 1950, as amended, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the City Council of the City of Virginia Beach, Virginia; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bonds by the City of Virginia Beach Development Authority, in a principal amount not to exceed $12,000,000 for financing the acquisition, renovation and equipping of a multifamily housing project located at 999 Atlantis Drive, Virginia Beach, Virginia for the benefit of CP Atlantic, L.P. to the extent required by Section 147(f) of the Internal Revenue Code and Section 15.2-4906 of the Virginia Code, to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds, as required by the Internal Revenue Code and the Virginia Code, does not constitute an endorsement of the Bonds or the creditworthiness of the Borrower; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefore, and neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, employees and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or consequential, resulting from (1) the Authority's failure to issue bonds for the Project for any reason, including but not limited to any decision by the Authority in its sole discretion to allocate its allowable private activity bond limit to one or more other projects; or (2) the Authority's failure for any reason after the issuance of the Bonds for the Project to allocate any further portion of its allowable private activity bond limit to the Project if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. 4. This Resolution shall take effect immediately upon its adoption. Adopted by a majority of a quorum of the Council of the City of Virginia Beach, Virginia, on August _, 2002. I certify the foregoing to be a true and correct copy of a resolution adopted by the City Council of the City of Virginia Beach, Virginia, at a regular meeting held on August —, 2002. Clerk APPROVED AS TO LEGAL SUFFICIENCY EXHIBIT A NOTICE OF PUBLIC REARING ON PROPOSED MULTIFAMILY HOUSING BOND FINANCING OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Notice(the "Authority") tY herebygiven that the City of Virginia Beach Development Authority is will hold a public heartng on the revised application of CP Atlantic, L.P. (the 'Borrow'er") the address of which is c/o Century Pacific Equity is E ui Corporation, G.P., 1925 Century Park East, Suite 1900, Los Angeles, Californiaalifo90067 for the Authority uthari to issue, pursuant to Chapter 643 of the Virginia Acts of Assembly of (the "Act"), upto $12,000,000 of its multifamily housing revenue bonds (the "Bonds") 1964 as amended A ), - in the acquisition, rehabilitation and equipping of�a 208 unit multifamily housing to assist the BorrowerThe public hearing, project located at 999 Atlantis Drive in Virginia Beach Virginia (the "Project").p whiCh may be continued before the d or adjourned, ourned, will be held at • 3o o clock 4 to on July 16, 2002, Virginia Beach Virginia. As Authority, at the Authority's office, One Columbus Center, Suite 300, wof the Ci rgof Virginia required by the Act, the Bonds will not pledge the credit or the taxing power City and is or the Authority but will be payable solely from revenues derived from the Borrower the Beach, Virginia, therefore. Anyperson interested in the issuance of thc Bonds or the location or nature of open pledges then of the Company's a application is on file and is proposed project may appear and b�. heard. A copy� ,c 3 00 Virginia Beach, Virginia, for inspection at thc Authority's office at One Columbus Center, Suite , P during business hours. The public hearing is beingheld pursuant to the requirements of Section 147(:) of the Internal Revenue Code of 6as amended regarding the public approval prerequisite to the exclusion front gross income for federal income taxation purposes of interest on the Bonds and Section 15.1-4906 of the Virginia Code of 1950, as amended_ Any person interested in the issuance of the Bonds or the Project may appear and be heard. EXHIBIT A NOTICE OF PUBLIC REARING ON PROPOSED MULTIFAMILY HOUSING BOND FINANCING OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Notice(the "Authority") tY herebygiven that the City of Virginia Beach Development Authority is will hold a public heartng on the revised application of CP Atlantic, L.P. (the 'Borrow'er") the address of which is c/o Century Pacific Equity is E ui Corporation, G.P., 1925 Century Park East, Suite 1900, Los Angeles, Californiaalifo90067 for the Authority uthari to issue, pursuant to Chapter 643 of the Virginia Acts of Assembly of (the "Act"), upto $12,000,000 of its multifamily housing revenue bonds (the "Bonds") 1964 as amended A ), - in the acquisition, rehabilitation and equipping of�a 208 unit multifamily housing to assist the BorrowerThe public hearing, project located at 999 Atlantis Drive in Virginia Beach Virginia (the "Project").p whiCh may be continued before the d or adjourned, ourned, will be held at • 3o o clock 4 to on July 16, 2002, Virginia Beach Virginia. As Authority, at the Authority's office, One Columbus Center, Suite 300, wof the Ci rgof Virginia required by the Act, the Bonds will not pledge the credit or the taxing power City and is or the Authority but will be payable solely from revenues derived from the Borrower the Beach, Virginia, therefore. Anyperson interested in the issuance of thc Bonds or the location or nature of open pledges then of the Company's a application is on file and is proposed project may appear and b�. heard. A copy� ,c 3 00 Virginia Beach, Virginia, for inspection at thc Authority's office at One Columbus Center, Suite , P during business hours. The public hearing is beingheld pursuant to the requirements of Section 147(:) of the Internal Revenue Code of 6as amended regarding the public approval prerequisite to the exclusion front gross income for federal income taxation purposes of interest on the Bonds and Section 15.1-4906 of the Virginia Code of 1950, as amended_ Any person interested in the issuance of the Bonds or the Project may appear and be heard. EXHIBIT B City of Virginia Beach Development Authority Record of Public Hearing on July 16, 2002 (Atlantis Apartments Project) The chairman of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public hearing on the request of CP Atlantis LP (the "Borrower"), and that a notice of the hearing was published once a week for two consecutive weeks in the Virginian Pilot, a newspaper having general circulation in the City of Virginia Beach, Virginia. Such public hearing was held not less than six days and not more than 21 days after the second notice appeared in such newspaper. A copy of the notice and certificate of publication of such notice have been filed with the records of the City Council of the City of Virginia Beach. The following individuals appeared and addressed the Authority at such public hearing: Richard A. Eichner, an attorney with Ritter Eichner & Norris PLLC and Beverly Williams, current site manager of the Project, appeared on behalf of the Borrower. Mr. Eichner gave a brief description of the proposed financing and explained that the proposed issuance of the bonds (the "Bonds") would be used to assist the Borrower in financing the acquisition and renovation of Atlantis Apartments in the City of Virginia Beach and that the tax exempt portion was necessary to obtain significant low income housing tax credits under Section 42 of the Code. Ms. Williams discussed the need for renovations at the Project and discussed some of the resident programs, and successes, at the Project. This approval is being requested at this time and is required by the Internal Revenue Code. Mr. Eichner further outlined certain benefits inuring to the City of Virginia Beach and its citizens including the nonrecourse nature of the financing and the amount of the proposed rehabilitation In addition, Mr. Eichner and Authority staff pointed out that the enhancement of Atlantis Apartments will assist the City in attracting and retaining business and industry as quality rental housing opportunities for low and moderate income persons are an important criterion to businesses when considering whether to relocate or to stay in a particular locality. No other persons appeared to address the Authority, and the chairman closed the public hearing. The Authority hereby recommends that the City Council of the City of Virginia Beach, Virginia approve the issuance of the proposed financing and hereby transmits the Fiscal Impact Statement to the City Council of the City of Virginia Beach and asks that this recommendation be received at its next regular or special meeting at which this matter can be properly placed on the Council's agenda for hearing. EXHIBIT C RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY AUTHORIZING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS (ATLANTIS APARTMENTS) SERIES 2002 WHEREAS, the City of Virginia Beach Development Authority (the "Authority") is a political subdivision of the Commonwealth of Virginia (the "Commonwealth"), duly created pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended (the "Act"); and WHEREAS, pursuant to the Act, CP Atlantic, L.P., a California limited partnership (the "Borrower"), has requested that the Authority issue its taxable and tax-exempt Multifamily Housing Revenue Bonds (Atlantis Apartments) Series 2002 to finance the acquisition, construction and equipping of a 208 -unit apartment development (the "Project") located on an approximately 14 acre parcel of land located at 999 Atlantis Drive, Virginia Beach, Virginia and occupied in part (at least 40%) by persons of low or moderate income in order for the Project to qualify as a "qualified residential rental project" within the meaning of Section 142(d) of the Code (hereinafter defined); and, the Borrower has requested that the Authority issue its bonds (the "Bonds") and make a loan of the proceeds thereof to the Borrower for the purpose of making funds available to acquire and rehabilitate the Project; and WHEREAS, the Authority has found and determined that (a) there is a significant shortage of affordable, sanitary and safe residential rental property in the City of Virginia Beach, Virginia (the "City") for individuals and families of low and moderate income and (b) the issuance of the Bonds, the financing of the Project and the acquisition, construction, and equipping of the Project by the Borrower will benefit the inhabitants of the City through the promotion of their safety, health, welfare, convenience or prosperity, and will be consistent with the general purposes of the Authority and the Act; and WHEREAS, the City has not activated a housing authority pursuant to §§ 36-4 and 36-4.1 of the Code of Virginia of 1950, as amended; and WHEREAS, with respect to such proposed plan of financing, the Authority has caused a notice of public hearing to be published in the Virginian -Pilot, a newspaper of general circulation in the City of Virginia Beach, Virginia, and has this date held a public hearing, all in accordance with the provisions of § 147(0(2) of the Internal Revenue Code of 1986, as amended, and the regulations, rulings and proclamations promulgated or proposed thereunder (collectively, the "Code"), and § 15.1-1378 and § 15.2-4906, Code of Virginia, 1950, as amended, and other applicable laws of the Commonwealth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. The Authority hereby agrees to assist the Borrower to finance the acquisition, rehabilitation and equipping of the Project and, in particular, to undertake the issuance of the Bonds in an amount not to exceed $12,000,000 upon the terms and conditions to be mutually agreed upon between the Authority and the Borrower, and to loan the proceeds of such Bonds (the "Loan") to the Borrower for the purpose of financing the Project. The Loan will be made to the Borrower pursuant to a loan agreement or a financing agreement. The Bonds will be issued and secured pursuant to an indenture of trust or similar document which will provide for the precise principal amount of the Bonds, the maturity schedule therefor, the interest rate or rates the Bonds will bear and the denomination, form and other terms of the Bonds, and will secure the Bonds by an assignment of all the Authority's rights to the Loan, together with the proceeds thereof, and the security therefor. The Bonds will be limited obligations of the Authority payable solely from the revenues pledged thereto pursuant to the indenture. 2. The Authority hereby authorizes the use and distribution of a preliminary official statement prior to the adoption by the Authority of a final bond resolution with respect to the Bonds, in such form as shall be approved by the Chair with the advice of counsel to the Authority. 3. It having been represented to the Authority by the Borrower that it is necessary to proceed immediately with the financing of the Project, the Authority hereby agrees that the Borrower may proceed with plans for such financing, enter into contracts for such financing of the Project and take such other steps as it deems appropriate in connection therewith, provided that nothing herein shall be deemed to authorize the Borrower to obligate the Authority in any manner whatsoever, including the payment of money or the performance of any acts in connection with the Project. The Authority agrees that the Borrower may be reimbursed from the proceeds made available from the issuance of the Bonds for all costs incurred by it after the effective date of this inducement resolution in connection with the financing of the acquisition, rehabilitation and equipping of the Project only to the extent permitted under Section 103 of the Code and the Act. 4. The Authority hereby agrees to the Borrower's designation of the firm of Ritter Eichner & Norris PLLC, Washington, D.C., as Bond Counsel ("Bond Counsel") and hereby appoints such firm to supervise the proceedings and approve the issuance of the Bonds. 5. All costs and expenses in connection with the financing of the acquisition, rehabilitation and equipping of the Project, including fees and expenses of Bond Counsel, Counsel to the Authority and the Authority, shall be paid at the direction of the Borrower from the proceeds made available from the issuance of the Bonds or from other funds of the Borrower. If for any reason the Bonds are not issued, it is understood that all such fees and expenses shall be paid by the Borrower and that the Authority shall have no responsibility therefor. 6. In adopting this inducement resolution authorizing the issuance of the Bonds, the Authority declares its official intent to issue the Bonds and provide moneys to reimburse the Borrower for its expenditures with respect to the Project, as contemplated by Treasury Regulations 1.150-2 promulgated pursuant to the Internal Revenue Code of 1986, as amended. 7. The Authority shall perform such other acts and adopt such further proceedings as may be required to implement its undertakings as herein set forth. Prior to the issuance and delivery of the Bonds, there shall be submitted to the Authority for its approval a Bond Resolution approving (a) the issuance of the Bonds, and (b) such other documents as may be necessary in the opinion of Bond Counsel to complete the transaction, provided such documents are acceptable to counsel to the Authority. 8. The Authority hereby recommends that the City Council of the City of Virginia Beach, Virginia approve the issuance of the Bonds and directs the Chair of the Authority to transmit the Fiscal Impact Statement and a copy of this Resolution to the City Council of the City of Virginia Beach. 9. The proper representative of the Authority is hereby authorized and directed to transmit this recommendation to the City Council of the City of Virginia Beach at its next available regular meeting at which an approval resolution can be properly placed on the Council's agenda for consideration. 10. The proper representative of the Authority is hereby authorized and directed to execute and deliver to the Virginia Small Business Financing Authority an application for the allocation of volume cap for tax exempt bonds to satisfy the requirements of Section 146(0 of the Code. 11. This Resolution shall take effect immediately upon its adoption. If the Bonds are not issued within one (1) year of the date of adoption of this Resolution, this Resolution shall be void and of no further effect. 12. The Authority hereby agrees, if requested, to accept the recommendation of the Borrower with respect to the appointment of an agent or underwriter for the sale of Bonds or a purchaser of the Bonds in a private placement pursuant to terms to be mutually agreed upon. ADOPTED: July 16, 2002 CERTIFICATE of VOTES Record of the roll call vote by the City of Virginia Beach Development Authority, upon reading on a resolution titled "RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY AUTHORIZING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS (ATLANTIS APARTMENTS) SERIES 2002", taken at a regular meeting of the Authority held on July 16, 2002, after public notice thereof for such meeting: AYE Kenneth u. barefoot X T esa H. Car in On X Robert F. Hagg4.ns, Jr. X Du ald Y. Jeii X Robert G. Jones X Page G. Lea X Robert E. Fentress NAY ABSTAIN ABSENT Dated: July 16, 2002 [SEAL) X Chairma ' , City • f Virgin . Beach Development Authori ATTEST: )cf--ztr--47 Secretary The undersigned Secretary of the City of Virginia Beach Development Authority hereby certifies that the foregoing is a true, correct, and complete copy of a Resolution adopted by the Authority's commissioners present and voting at a meeting duly called and held on July 16, 2002, in accordance with law, and that such Resolution has not been repealed, revoked, rescinded, or amended, but is in full force and effect as of the date hereof. WITNESS my hand and the seal of the Authority this 16th day of July, 2002. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY R_& -L5 -a By: - (f- J -0.-f,t4416. Secretary EXH133IT D DISCLOSURE STATEMENT Applicant's Name(s): CP ATLANTIC, L.P. All Owners (if different from applicant): Date: June 7, 2002 Type of Application: Rezoning: From to Conditional Use Permit: Street Closure: Subdivision Variance: Other: Bond Issue ************************************************************************************* The following is to be completed by or for the Applicant: 1. If the applicant is a CORPORATION, list all the officers of the Corporation: 2. If the applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: Century Pacific Equity Corporation, general partner Irwin Jay Deutch, limited partner (a corporate tax credit investor will be substituted for Mr. Deutch at closing) The following is completed by or for the Owner (f different from the applicant) 1. If the applicant is a CORPORATION, list all the officers of the Corporation: 2. If the applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: CP ATLANTIC, L.P. By: Charles L. Schwennesen Executive Vice President Century Pacific Equity Corporation, G.P. of Principal User CP ATLANTIC, L.P. Note to Financial Statements 1. organization: CP Atlantic, L.P. is to be formed as a California limited partnership for the purpose of acquiring and renovating 208 units of affordable multifamily housing commonly known as Atlantis Apartments located in Virginia Beach, VA. The General Partner of CP Atlantic, L.P. is Century Pacific Equity Corporation. The financing is expected to be provided by tax-exempt bonds and proceeds from the sale of Federal housing tax credits. VIRGINIA BEACH EXHIBIT E Virginia Beach Development Authority One Columbus Center. Suite 300 Virginia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY UP TO $12,000,000 MULTIFAMILY MORTGAGE REVENUE BONDS MULTIFAMILY HOUSING REVENUE BONDS (ATLANTIS APARTMENTS) SERIES 2002 The Authority recommends approval of this financing. The proceeds of the Bonds to be issued will be used to assist the Borrower, CP Atlantis, L.P., in acquiring and rehabilitating the Atlantis Apartments, a 208 unit apartment building at 999 Atlantis Drive in Virginia Beach. The use of $7,500,000 of tax exempt bonds (the remainder will be federally taxable) will allow the Borrower to obtain substantial equity through the sale of low income housing tax credits under Section 42 of the Code. The benefits of maintenance of affordable housing in the City of Virginia Beach along with the capital investment, construction payroll, and creation and retainage of jobs constitutes the basis for this recommendation. The financing will enhance a significant rental housing asset within the City where low and moderate income employees can live and assist the City in attracting and retaining business and industry. EXHIBIT F FISCAL IMPACT STATEMENT DATE: June 7. 2002 TO THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: ATLANTIS APARTMENTS TYPE OF FACILITY: 208 Units of affordable multifamily housing 1. Maximum amount of financing sought 2. Estimated taxable value of the facility's real property to be constructed in the municipality (post renovation) $12,000,000 ($7,500,000 — Tax Exempt) $9,360,000 ($45,000 unit) 3. Estimated real property tax per year using present tax rates $114,000 4. Estimated personal property tax per year using present tax rates $555 5. Estimated merchant's capital (business license) tax per year using present tax rates $345 6. Estimated dollar value per year of goods and services that will be purchased locally $314,500 7. Estimated number of regular employees on year round basis (full timers) 8. Average annual salary per employee (full timers) 8 $19,400 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. City of Virginia Beach Dev By: pment Authority C air EXHIBIT G SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BONDS 1. PROJECT NAME: ATLANTIS APARTMENTS 2. LOCATION: 999 ATLANTIS DRIVE 3. DESCRIPTION OF PROJECT: 208 units of affordable multifamily housing 4. AMOUNT OF BOND ISSUE: • $12,000,000 ($7,500,000 — Tax Exempt ) 5. PRINCIPALS: Irwin Jay Deutch 6. ZONING CLASSIFICATION: a. Present zoning classification • of the Property A-18 (Apartment District) b. Is rezoning proposed? Yes No X c. If so, to what zoning classification? NOTE: THIS DOCUMENT MUST BE ON 8-112 X 14 INCH PLAIN BOND PAPER. C1 DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION (757) 426-5750 FAX (757) 426-5766 TDD (757) 426-5794 CODE ENFORCEMENT DIVISION (757) 427-4421 July 10, 2002 EXHIBIT H Cit C)f Chairman, Virginia Beach, Development Authority One Columbus Center, Suite 300 Virginia Beach, VA 23462 FAX# 499-9894 Gary Fentress, Esq. Office of the City Attorney Municipal Center FAX# 563-1167 MUNICIPAL CENTER BUILDING 18A 2424 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9083 RE: Evaluation of Public Benefit Atlantis Apartments Project Multi -Family Rental Housing Bond Application 206 units low income housing VBDA Agenda July 16, 2002 I have reviewed the information provided regarding the above referenced project. In my opinion a public benefit is achieved by the rehabilitation of these housing units by providing decent, safe and affordable housing for low income households. We have been advised by the applicant that 40% of the units will be occupied by persons having an income of 60% of area median income or less. The rent for these units will be restricted to no more than 30% of 60% of area median income as adjusted for family size, thus meeting the definition for housing affordablity. Please let me know if you need anything further regarding this issue. Thank you. A . -w M. Fri(-' an Dire tor L APPOINTMENTS BOARD OF ZONING APPEALS (BZA) FRANCIS LAND HOUSE BOARD OF GOVERNORS HUMAN RIGHTS COMMISSION PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE - COIG TOWING ADVISORY BOARD VIRGINIA BEACH/JAMESTOWN 2007 STEERING COMMISSION UNFINISHED BUSINESS NEW BUSINESS ADJOURNMENT