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HomeMy WebLinkAbout02-20-2018 AGENDACITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 JESSICA P. ABBOTT Kempsville - District 2 M. BENJAMIN DAVENPORT, At Large ROBERT M. DYER, Centerville - District I BARBARA M. HENLEY, Princess Anne District 7 SHANNON DS KANE, Rose Hall District 3 JOHN D. MOSS, At Large JOHN E. UHRIN, Beach District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lvanhaven -District 5 CITY COUNCIL APPOINTEES CITYMANAGER DAVIDL.HANSEN CITYATTORNEY MARKD. STILES CITYASSESSOR RONALDD.AGNOR CITYAUDITOR LYNDONS. REMIAS CITY CLERK AMANDA BARNES II. CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA February 20, 2018 MAYOR WILLIAM D. SESSOMS, JR. PRESIDING CITY MANAGER'S BRIEFINGS - Conference Room - A. INTERIM FINANCIAL STATEMENT Patti Phillips, Director - Finance CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (75 7) 385-5669 E- MAIL: Crycncl@vbgov.com B. RESULTS OF CITIZEN SURVEY David Bradley, Director - Budget and Management Services Peter McGuinness — President, Issues and Answers Network, Inc. Victor Crain — Senior Account Executive, Issues and Answers Network, Inc. C. PIER TERM SHEET Ronald H. Williams Jr., - Deputy City Manager D. SHORT TERM RENTALS Barry Frankenfield, Director - Planning and Community Development CITY COUNCIL COMMENTS CITY COUNCIL AGENDA REVIEW 3:00 PM IV. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Michael G. Daniels Minister, Enoch Baptist Church 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 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. LEASE OF CITY -OWNED PROPERTY — FARMER'S MARKET a. Building 1, Space 9 to Skipper Farms b. Building 1, Space 10 and Guard House to Seasons Best Bakery, LLC c. Building 2, Space 11 to Kempsville Florist & Gift Shop, Inc. d. Building 3, Space 13 to S&H Produce, Inc. e. Building 6, Spaces 3 and 4 to Chapman's Flowers, Inc. f. Building 7, Spaces 5 and 6 to Holland Produce g. Building 7, Spaces 7 and 8 to Creekmore's Place h. Building 8 Spaces 23, 24 and 27 to Virginia Garden, Inc. 2. LEASE OF CITY -OWNED PROPERTY 4536 Ocean View Avenue to B & J, Ltd of Virginia February 6, 2018 L ORDINANCES/RESOLUTIONS 1. Ordinances AUTHORIZING the City Manager to EXECUTE a lease for up to five (5) years at the Virginia Beach Farmers Market to: a. Skipper Farms, Building 1, Space 9 b. Seasons Best Bakery, LLC. Building 1, Space 10 and the Guard House Building c. Kempsville Florist & Gift Shop, Inc., Building 2, Space 11 d. Chapman's Flowers, Inc., Building 6, Spaces 3 and 4 e. Creekmore's Place, Building 7, Spaces 7 and 8 f. Virginia Garden, Inc., Building 8, Spaces 23, 24 and 27 2. Ordinance AUTHORIZING the City Manager to EXECUTE a lease for five (5) years for a portion of City right-of-way known as Ocean View Avenue adjacent to 4536 Ocean View Avenue 3. Ordinance to AMEND Section 23-11.2 of the City Code pertaining to the offense of assault and battery against a family member 4. Ordinance to EXTEND the date for satisfying the conditions re closing one-half of an unimproved/unnamed alley adjacent to the rear of 829 South Atlantic Avenue 5. Ordinance to TRANSFER funds and to AUTHORIZE a Grant to Lynnhaven River NOW re an Education and Community Outreach Program 6. Ordinance to APPROPRIATE $50,000 to the Development Authority re administering the ViBe Creative District Matching Grant Program 7. Resolution APPROVING the 2018 Plan of Financing with the Development Authority not to exceed $40 - Million approving certain documents prepared in connection with such financing and authorizing the execution and delivery of the same 8. Resolution to AUTHORIZE the ISSUANCE and SALE of General Obligation Public Improvement Bonds, in the maximum amount of $76 - Million 9. Resolution APPROVING the modification of the construction contract for Lake Smith Weir Improvements 10. Resolution to APPOINT a committee to review and assess the pier bids and provide a recommendation to City Council and AUTHORIZE a transfer to provide support from the Dragas Center for Economic Analysis and Policy at Old Dominion University 11. Resolution AUTHORIZING and DIRECTING the City Manager to EXECUTE an Intergovernmental Agreement between the Virginia Department of Agriculture and Consumer Services and the City regarding the purchase of Agricultural Reserve Program Easements 12. Resolution AUTHORIZING the City Manager to EXECUTE an Interim Agreement for preliminary design and site work re the Sports Center Project 13. Resolution PETITIONING the Commonwealth of Virginia to convey certain real property to the City J. APPOINTMENTS ADVERTISING ADVISORY COMMITTEE AUDIT COMMITTEE BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF CODING APPEALS BROADBAND STEERING COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE (COG) COMMUNITY POLICY AND MANAGEMENT TEAM HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PERSONNEL BOARD PLANNING COUNCIL RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT FY 2018-2019 RESOURCE MANAGEMENT PLAN SCHEDULE CITY MANAGER'S PROPOSED BUDGET PRESENTATION March 27`h WORKSHOP April 3`d WORKSHOP April 10`h WORKSHOP April 17`h WORKSHOP April 24h SPECIAL FORMAL SESSION/PUBLIC HEARING — Convention Center April 26`h FORMAL SESSION/ PUBLIC HEARING — City Council Chamber May V RECONCILIATION WORKSHOP May 8th SPECIAL FORMAL SESSION / ADOPT BUDGET May 15`h If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at (757) 385-4303 02/20/18tc MAYOR WILLIAM D. SESSOMS, JR. PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room- 3:00 PM A. INTERIM FINANCIAL STATEMENT Patti Phillips, Director - Finance B. RESULTS OF CITIZEN SURVEY David Bradley, Director - Budget and Management Services Peter McGuinness — President, Issues and Answers Network, Inc. Victor Crain — Senior Account Executive, Issues and Answers Network, Inc. C. PIER TERM SHEET Ronald H. Williams Jr., - Deputy City Manager D. SHORT TERM RENTALS Barry Frankenfield, Director - Planning and Community Development II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Michael G. Daniels Minister, Enoch Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS February 6, 2018 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA �, as PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on February 20, 2016 at 6:00 p.m. in the Council Chamber, City Hall - Bldg. 1, Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public comment regarding the proposed leasing of the following City -owned property: Property located at the Virginia Beach Farmers Market: Building Number 1, Space 9, approximately 960 square feet of space to Skipper Farms Building Number 1, Space 10, approximately 939 square feet of space; and the Guard House Building, approximately 100 square feet to Seasons Best Bakery, LLC Building Number 2, Space 11, approximately 960 square feet of space to Kempsville Florist & Gift Shop, Inc. Building Number 3, Space 13, approximately 960 square feet of space to S&H Produce, Inc. Building Number 6, Spaces 3 & 4, approximately 620 square feet of space to Chapman's Flowers, Inc. Building Number 7, Spaces 5 & 6, approximately 980 square feet of space to Holland Produce Building Number 7, Spaces 7 & 8, approximately 980 square feet of space to Creekmore's Place Building Number 8, Spaces 23, 24 & 27, approximately 1,440 square feet of space to Virginia Garden, Inc. Property located adjacent to 4536 Ocean View Avenue: 665 square feet of gravel parking area along Ocean View Avenue to B&), Ltd of Virginia If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired call 711 (Virginia Relay -Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Department of Public Works - Facilities Management Office, Room 228, Building 18, at the Virginia Beach Municipal Center - (757) 385-5659. All interested parties are invited to attend. Amanda Barnes, MMC City Clerk BEACON: Sunday, February 11, 2018 H. PUBLIC HEARINGS 1. LEASE OF CITY -OWNED PROPERTY — FARMER'S MARKET a. Building 1, Space 9 to Skipper Farms b. Building 1, Space 10 and Guard House to Seasons Best Bakery, LLC c. Building 2, Space 11 to Kempsville Florist & Gift Shop, Inc. d. Building 3, Space 13 to S&H Produce, Inc. e. Building 6, Spaces 3 and 4 to Chapman's Flowers, Inc. f. Building 7, Spaces 5 and 6 to Holland Produce g. Building 7, Spaces 7 and 8 to Creekmore's Place h. Building 8 Spaces 23, 24 and 27 to Virginia Garden, Inc. 2. LEASE OF CITY -OWNED PROPERTY 4536 Ocean View Avenue to B & J, Ltd of Virginia I. ORDINANCES/RESOLUTIONS 1. Ordinances AUTHORIZING the City Manager to EXECUTE a lease for up to five (5) years at the Virginia Beach Farmers Market to: a. Skipper Farms, Building 1, Space 9 b. Seasons Best Bakery, LLC. Building 1, Space 10 and the Guard House Building c. Kempsville Florist & Gift Shop, Inc., Building 2, Space 11 d. Chapman's Flowers, Inc., Building 6, Spaces 3 and 4 e. Creekmore's Place, Building 7, Spaces 7 and 8 f. Virginia Garden, Inc., Building 8, Spaces 23, 24 and 27 2. Ordinance AUTHORIZING the City Manager to EXECUTE a lease for five (5) years for a portion of City right-of-way known as Ocean View Avenue adjacent to 4536 Ocean View Avenue 3. Ordinance to AMEND Section 23-11.2 of the City Code pertaining to the offense of assault and battery against a family member 4. Ordinance to EXTEND the date for satisfying the conditions re closing one-half of an unimproved/unnamed alley adjacent to the rear of 829 South Atlantic Avenue 5. Ordinance to TRANSFER funds and to AUTHORIZE a Grant to Lynnhaven River NOW re an Education and Community Outreach Program 6. Ordinance to APPROPRIATE $50,000 to the Development Authority re administering the ViBe Creative District Matching Grant Program 7. Resolution APPROVING the 2018 Plan of Financing with the Development Authority not to exceed $40 - Million approving certain documents prepared in connection with such financing and authorizing the execution and delivery of the same 8. Resolution to AUTHORIZE the ISSUANCE and SALE of General Obligation Public Improvement Bonds, in the maximum amount of $76 - Million 9. Resolution APPROVING the modification of the construction contract for Lake Smith Weir Improvements 10. Resolution to APPOINT a committee to review and assess the pier bids and provide a recommendation to City Council and AUTHORIZE a transfer to provide support from the Dragas Center for Economic Analysis and Policy at Old Dominion University 11. Resolution AUTHORIZING and DIRECTING the City Manager to EXECUTE an Intergovernmental Agreement between the Virginia Department of Agriculture and Consumer Services and the City regarding the purchase of Agricultural Reserve Program Easements 12. Resolution AUTHORIZING the City Manager to EXECUTE an Interim Agreement for preliminary design and site work re the Sports Center Project 13. Resolution PETITIONING the Commonwealth of Virginia to convey certain real property to the City CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to 5 Years with Linda K. Skipper and William E. Skipper, d/b/a Skipper Farms for City -Owned Property Known as Building 1, Space Number 9, in the Virginia Beach Farmers Market MEETING DATE: February20, 2018 ■ Background: Linda K. Skipper and William E. Skipper d/b/a Skipper Farms ("Skipper Farms") would like to enter into a new lease with the City of Virginia Beach for Building 1, Space Number 9, at the Virginia Beach Farmers Market. The premises consists of approximately 960 square feet and will be utilized for the sale of farm produced items such as produce, flowers, plants, wreaths, Christmas trees, canned items, cheese, butter, eggs, honey, peanuts; and popcorn, drinks, snacks and related items, and for no other purpose. ■ Considerations: The initial term of the Lease is three (3) years with two renewal options for a term of one (1) year each, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease with sixty (60) days' notice if needed for a public purpose. For more specific terms, see attached Summary of Terms. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ■ Alternatives: Approve Lease as presented, change conditions of the Lease or deny leasing of the space. ■ Recommendation: Approval ■ Attachments: Disclosure Statement Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting D m 4Agency: Public Works/Facilities Management City Manag 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 5 3 YEARS WITH LINDA K. SKIPPER AND WILLIAM E. 4 SKIPPER, D/B/A SKIPPER FARMS, FOR CITY - 5 OWNED PROPERTY KNOWN AS BUILDING 1, 6 SPACE NUMBER 9, IN THE VIRGINIA BEACH 7 FARMERS MARKET 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 10 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam 11 Neck Road in Virginia Beach, Virginia (the "Farmers Market"); 12 13 WHEREAS, Linda K. Skipper and William E. Skipper d/b/a Skipper Farms 14 ("Skipper Farms") would like to enter into a new lease with the City for Building 1, Space 15 Number 9, at the Farmers Market, consisting of approximately 960 square feet (the 16 "Premises"); 17 18 WHEREAS, the Premises will be utilized for the sale of farm produced items 19 such as produce, flowers, plants, wreaths, Christmas trees, canned items, cheese, • 20 butter, eggs, honey, peanuts; and popcom, drinks, snacks and related items, and for no 21 other purpose; and 22 23 WHEREAS, Skipper Farms has agreed to pay the City an initial rental rate of 24 $720.79 per month ($8,549.48 per year) for the use of the Premises. 25 26 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA: 28 29 That the City Manager is hereby authorized to execute a lease for up to 5 years 30 between Skipper Farms and the City for the Premises, in accordance with the Summary 31 of Terms attached hereto as Exhibit A and made a part hereof, and such other terms, 32 conditions or modifications as may be acceptable to the City Manager and in a form 33 deemed satisfactory by the City Attorney. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 3+6 , 2018. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM City Attome Public Works/Facilities Management CA 14200 R-1 February 8, 2018 EXHIBIT A LOCATION MAP CITY -OWNED PROPERTY TO BE LEASED TO SKIPPER FARMS Space Number 9, in Building 1, consisting of approximately 964 square feet SUMMARY OF TERMS LEASE FOR BUILDING 1, SPACE NUMBER 9 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Linda K. Skipper and William E. Skipper, d/b/a Skipper Farms PREMISES: Building 1, Space Number 9, approximately 960 square feet TERM: Initial Term — March 1, 2018 — February 28, 2021 (3 years) Renewal Term 1 — March 1, 2021 — February 28, 2022 (1 year) Renewal Term 2 — March 1, 2022 — February 28, 2023 (1 year) RENT: Initial rent of $720.79 each month totaling $8,649.48 for the first year, subject to five percent (5%) annual rent escalation for successive years. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the sale of farm produced items such as produce, flowers, plants, wreaths, Christmas trees, canned items, cheese, butter, eggs, honey, peanuts; and popcorn, drinks, snacks and related items, and for no other purpose. • Maintain Premises, including heating and air conditioning units and/or heat pump units. Payment of all assessed fees and taxes. Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market and structural elements of the Premises. Provide electrical service. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving sixty (60) days' advance written notice. Lessee may terminate by giving ninety (90) days' advance written notice. ,„ .. Virginia Beach APPLICANT'S NAME Lida 1�.S�r<, DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property by City Alternative Compliance, Special Exception for Board of Zoning Appeals Certificate of Appropriateness (Historic Review Board) Chesapeake Bay Preservation Area Board Conditional Use Permit Disposition of City Property Economic Development Investment Program (EDIP) Encroachment Request Floodplain Variance Franchise Agreement Lease of City Property License Agreement Modification of Conditions or Proffers Nonconforming Use Changes Rezoning Street Closure Subdivision Variance Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 /APPLICANT DISCLOSURE FOR CITY USE ONLY /All disclosuresmust be updated two (2) weeks prior to any Plannin Commission and Cit Council meetin that ertains to the a lication(s). APPLICANT NOTIFIED OF HEARING DATE: 0 NO CHANGES AS OF DATE: II REVISIONS SUBMITTED DATE: Page 1 of 7 Ury u, Virginia Beach Check here if the APPLICANT ISNOT a corporation, partnership, firm, business, or other unincorporated organization. F] Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_______ If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (13) List the businesses that have a parent -subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes I and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: ------------------- —____________ If an LLC, list the member's names: Page 2 of 7 N)B Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent -subsidiary' or affiliated business entity z relationship with the Property Owner: (Attach list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3of7 L1q Fr APPLICANT Virginia Beach YES FNO] SERVICE _ PROVIDER (use additional sheets if l needed) ❑ ❑ ❑ ❑ F-1 El ❑ ❑ ❑ ❑ Accounting and/or preparer of your tax return Architect / Landscape Architect / Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors w Engineers / Surveyors/ Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers J Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO ❑ ❑ )oes and official or employee of the City of Virginia Beach have to interest in the subject land or any proposed development :ontingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 [ d )B Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANT -S SIGNATURE' J PRINT NAME DATE Page 5 of 7 Aft%ASK !rr% SERVICE Accounting and/or preparer of your tax return Architect / Landscape Architect / Land Planner Contract Purchaser if other_,than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors V Engineers / Surveyors/ Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acgdisition or construction of the property) Legal Services Real Estate Bro4��rs / Agents/Realt�s for current and anticipated.fruture sales of the subject py6perty 1B Virginia Beach PROVIDER (use additional sheets if �__ _ needed) SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES 'NO ❑ ❑ Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. PROPERTY OWNER S SIGNATURE _ PRINT NAME � DATE Page 7 of 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute Leases for Up to 5 Years with Seasons Best Bakery, LLC for City -Owned Property Located in the Virginia Beach Farmers Market and Known As (a) Building 1, Space Number 10; and (b) the Guard House Building MEETING DATE. February20, 2018 ■ Background: Seasons Best Bakery, LLC ("Seasons Best") would like to enter into a new lease with the City of Virginia Beach (the "City") for Building 1, Space Number 10, consisting of approximately 939 square feet, at the Virginia Beach Farmers Market, for the sale of made -from -scratch candies, breads, pies, desserts, soups, stews and related items, and for no other purpose. Seasons Best would also like to enter into a new lease with the City for the Guard House Building, consisting of approximately 100 square feet, at the Virginia Beach Farmers Market, for the storage of dry goods, paper products, canned good and related items. E Considerations: The initial term of each Lease is three (3) years with two renewal options for a term of one (1) year each, exercisable by mutual agreement of the parties. The City has the right to terminate the Leases with sixty (60) days' notice if needed for a public purpose. For more specific terms, see attached Summary of Terms. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ■ Alternatives: Approve the Leases as presented, change conditions of the Leases or deny leasing of the spaces. ■ Recommendation: Approval ■ Attachments: Disclosure Statement ■ Ordinance ■ Summaries of Terms ■ Location Maps Recommended Action: Submitting Depp"e�t/Agency: Public Works/Facilities Management �-i City Manager: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE LEASES FOR UP TO 5 YEARS WITH SEASONS BEST BAKERY, LLC FOR CITY -OWNED PROPERTY LOCATED IN THE VIRGINIA BEACH FARMERS MARKET AND KNOWN AS (A) BUILDING 1, SPACE NUMBER 10; AND (B) THE GUARD HOUSE BUILDING WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam Neck Road in Virginia Beach, Virginia (the "Farmers Market"); WHEREAS, Seasons Best Bakery, LLC ("Seasons Best") would like to enter into a lease with the City for Building 1, Space Number 10, at the Farmers Market, and consisting of approximately 939 square feet ("Space Number 10"); WHEREAS, Seasons Best would also like to enter into a lease with the City for the Guard House Building at the Farmers Market , consisting of approximately 100 square feet, (the "Guard House"); WHEREAS, Space Number 10 will be utilized for the sale of made -from -scratch candies, breads, pies, desserts, soups, stews and related items, and for no other purpose; WHEREAS, the Guard House will be used only for the storage of dry goods, paper products, canned goods and related items; WHEREAS, Seasons Best has agreed to pay the City an initial rental rate of $914.06 per month ($10,968.72 per year) for the use of Space Number 10; and WHEREAS, Seasons Best has agreed to .pay the City a rental rate of $100.00 per month ($1,200.00 per year) for the use of the Guard House. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute leases for up to 5 years between Seasons Best and the City for (a) Space Number 10, and (b) the Guard House, in accordance with the Summaries of Terms attached hereto, and such other terms, conditions or modifications as may be acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the day of .2018. APPROVED AS TO LEGAL SUFFICIENCY AND FORM " a "- 04&L) City Attorney CA13212 R-1 February 8, 2018 APPROVED AS TO CONTENT Public Works! acii ies anagement EXHIBIT A LOCATION MAP CITY -OWNED PROPERTY TO DE LEASED TO SEASONS REST BAKERY, LLC Space Number 10, in Building 1, consisting of approximately 939 square feet .'/ EXHIBIT B LOCATION MAP CITY -OWNED PROPERTY TO BE LEASED TO SEASONS BEST BAKERY, LLC The Guard House Building, consisting of approximately 100 square feet _I p(vi€Qnia AaeA Mark 3616 Dam Neck Road Virginia Bead-; 23453 �� �� `i�1 .s\f•1 o rmers L%' e, i. � 757-385-4388 8 FAX -368,5249 w4i u�_,.i'l'3 Pr'S11d1A C[ Faceiwww aronkc ':�'=?rtn�rcMahel �✓ Tw�er VA.SeachF'armMrtt CP .e MIRMNIm !, 4e s "y" a r ti y` A lb �� �� `i�1 .s\f•1 i CP MIRMNIm !, 4e s "y" a r ti y` A SUMMARY OF TERMS LEASE FOR BUILDING 1, SPACE NUMBER 10 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Seasons Best Bakery, LLC PREMISES: Building 1, Space Number 10, consisting of approximately 939 square feet TERM: Initial Term — March 1, 2018 — February 28, 2021 (3 years) Renewal Term 1 — March 1, 2021 — February 28, 2022 (1 year) Renewal Term 2 — March 1, 2022 — February 28, 2023 (1 year) RENT: Rent of $914.06 each month totaling a sum of $10,968.72 per year. Five percent (5%) annual rent escalation. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for sale of made -from -scratch candies, breads, pies, desserts, soups, stews, and related items, and for no other purpose. • Maintain Premises, including heating and air conditioning units and/or heat pump units. • Payment of all assessed fees and taxes. Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market and structural elements of the Premises. Provide electrical service. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving sixty (60) days' advance written notice. Lessee may terminate by giving ninety (90) days' advance written notice. SUMMARY OF TERMS LEASE FOR THE GUARD HOUSE BUILDING AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Seasons Best Bakery, LLC PREMISES: The Guard House Building, consisting of approximately 100 square feet TERM: Initial Term — March 1, 2018 — February 28, 2021 (3 years) Renewal Term 1 — March 1, 2021 — February 28, 2022 (1 year) Renewal Term 2 — March 1, 2022 — February 28, 2023 (1 year) RENT: Rent of $100.00 each month totaling a sum of $1,200.00 per year. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for storage of dry goods, paper products, canned goods, and related items, and for no other purpose. • Maintain Premises, including heating and air conditioning units and/or heat pump units. Payment of all assessed fees and taxes. Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market and structural elements of the Premises. Provide electrical service. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving sixty (60) days' advance written notice. Lessee may terminate by giving ninety (90) days' advance written notice. 4 Virginia Beach: APPLICANTS NAME __SM�,cn,5e�{ �,� LLC _ DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property by City Alternative Compliance, Special Exception for Board of Zoning Appeals Certificate of Appropriateness (Historic Review Board) Chesapeake Bay Preservation Area Board Conditional Use Permit Disposition of City Property Economic Development Investment Program (EDIP) Encroachment Request Floodplain Variance Franchise Agreement Lease of City Property L License Agreement Modification of Conditions or Proffers Nonconforming Use Changes Rezoning Street Closure Subdivision Variance Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 /APPLICANT DISCLOSURE FOR CITY USE -ONLY / All disclosures must be updated two (2) weeks prior to any Plannin Commission and Cit Council meetin that ertains to the a flication(s). Page 1 of 7 APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE. n REVISIONS SUBMITTED DATE: Page 1 of 7 A,I)B Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. r - (A) List the Applicant's name:- If ame:-If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessa^y)�-t (B) List the businesses that have a parent -subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) N1A See next page for information pertaining to footnotes I and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 (leo Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent -subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) I "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or, indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. ` "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any_business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3of7 qVB APPLICANT Virginia Beach PROVIDER (use additional sheets If YES NO SERVICE J j needed) ■ �I ❑ a ■ l► ■ �I ■ G ■ l► ■ E G Accounting and/or preparer of your tax return Architect / Landscape Architect / Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers / Surveyors/ Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have i an interest in the subject land or any proposed development icontingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 *VB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. 'UGANT'S SIGN f JWR' (� i PRINT NAME DATE _ _- - J . 'd l-�l-�►1 ��'� iOG Page 5 of 7 OWNER VB Virginia Beach YES FN 0 — _SERVICE PROVIDER (usseedadditional sheets if WEX Accounting and/or preparer of your tax return Architect / Landscape Architect / Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers / Surveyors/ Agee_ s Financing (include current mortgage holders and &id rs selected or being consi �b provide financing for acquisfilon or construction of the pro&rty) Legal Services Real Estate Brokery/ Agents/Realtors/for current and anticipated fuWre sales of the subject pro",rty i SECTION 4/.KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development ❑ ❑ contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 XB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Comm�5sion, Council, VBDA meeting, or meeting of any public body or committee in connection with this Aoolication. PROPERTY OWNER S SIGNATURE I PRINT NAME I DATE Page 7 of 7 S �r . 4, 4� f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to 5 Years with Kempsville Florist & Gift Shop, Inc., for City -Owned Property Known as Building 2, Space Number 11, in the Virginia Beach Farmers Market MEETING DATE: February 20, 2018 ■ Background: Kempsville Florist & Gift Shop, Inc., a Virginia corporation ("Kempsville Florist"), would like to enter into a new lease with the City of Virginia Beach for Building 2, Space Number 11, at the Virginia Beach Farmers Market. The premises consists of approximately 960 square feet and will be utilized for the sale of fresh flowers, indoor and outdoor plants, unique handmade glass ornaments, fused glass platters, signs, gel shell' candles, teapots, fairies, and related gift items, and for no other purpose. ■ Considerations: The initial term of the Lease is three (3) years with two renewal options for a term of one (1) year each, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease with sixty (60) days' notice if needed for a public purpose. For more specific terms, see attached Summary of Terms. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ■ Alternatives: Approve Lease as presented, change conditions of the Lease or deny leasing of the space. ■ Recommendation: Approval ■ Attachments: Disclosure Statement Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Depalffmie ncy: Public Works/Facilities Management \,+ ' City Manager; 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 5 3 YEARS WITH KEMPSVI'LLE FLORIST & GIFT 4 SHOP, INC. FOR CITY -OWNED PROPERTY 5 KNOWN AS BUILDING 2, SPACE NUMBER 11, IN 6 THE VIRGINIA BEACH FARMERS MARKET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 9 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam 10 Neck Road in Virginia Beach, Virginia (the "Farmers Market"); 11 12 WHEREAS, Kempsville Florist & Gift Shop, Inc., a Virginia corporation 13 ("Kempsville Florist"), would like to enter into a new lease with the City for Building 2, 14 Space Number 11, at the Farmers Market, consisting of approximately 960 square feet 15 (the "Premises"); 16 17 WHEREAS, the Premises will be utilized for the sale of fresh flowers, indoor and 18 outdoor plants, unique handmade glass ornaments, fused glass platters, signs, gel shell 19 candies, teapots, fairies, and related gift items, and for no other purpose; and 20 21 WHEREAS, Kempsville Florist has agreed to pay the City an initial rental rate of 22 $967.93 per month ($11,615.18 per year) for the use of the Premises. 23 24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 27 That the City Manager is hereby authorized to execute a lease for up to 5 years 28 between Kempsville Florist and the City for the Premises, in accordance with the 29 Summary of Terms attached hereto as Exhibit A and made a part hereof, and such 30 other terms, conditions or modifications as may be acceptable to the City Manager and 31 in a form deemed satisfactory by the City Attorney. ty, 33 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 34 , 2018. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM City Attorney Public Works/Fad: agement CA14199 R-1 February 8, 2018 EXHIBIT A CITY-OVYNED PROPERTY TO BE LEASED TO KEMPSVILLE FLORIST & GIFT SHOP, INC. Space Number 11, in Building 2, consisting of approximately 960 square feet SUMMARY OF TERMS LEASE FOR BUILDING 2, SPACE NUMBER 11 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Kempsville Florist & Gift Shop, Inc. PREMISES: Building 2, Space Number 11, consisting of approximately 960 square feet TERM: Initial Term — March 1, 2018 — February 28, 2021 (3 years) Renewal Term 1 — March 1, 2021 — February 28, 2022 (1 year) Renewal Term 2 — March 1, 2022 — February 28, 2023 (1 year) RENT: Initial rent of $967.93 each month totaling $11,615.18 for the first year, subject to five percent (5%) annual rent escalation for successive years. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the sale of fresh flowers, indoor and outdoor plants, unique handmade glass ornaments, fused glass platters, signs, gel shell candles, teapots, fairies, and related gift items, and for no other purpose. • Maintain Premises, including heating and air conditioning units and/or heat pump units. Payment of all assessed fees and taxes. Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market and structural elements of the Premises. Provide electrical service. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving sixty (60) days' advance written notice. Lessee may terminate by giving ninety (90) days' advance written notice. APPLICANT'S NAME DISCLOSURE STATEMENT FORM V"T-. 111a Beach -o=ne. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property by City Alternative i Compliance, Special Exception for Board of Zoning Appeals Certificate of Appropriateness (Historic Review Board) Chesapeake Bay Preservation Area Board Conditional Use Permit Disposition of City Property Economic Development Investment Program (EDIP) Encroachment Request Floodplain Variance Franchise Agreement Lease of City Property License Agreement Modification of Conditions or Proffers Nonconforming Use Changes Rezoning Street Closure i Subdivision Variance Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 /APPLICANT DISCLOSURE FOR CITY USE ONLY / All disclosures must be updated two (2) weeks prior to any Plannin Commission and Cit Council meetin that - ertains to the a olication(s). 0 APPLICANT NOTIFIED OF HEARING DATE: 0 NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: Page I of 7 wN)B Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: --_----------- - - If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent -subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different fcom Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: --------------------- If an LLC, list the member's names: Page 2 of 7 XB Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent -subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Propertu. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 *V APPLICANT Virginia Bean YES [-NO C SERVICE l i PROVIDER (use additional sheets if —1 needed) ❑ ❑ ❑ El ❑ ❑ ❑ a OEM Accounting and/or preparer of your tax return Architect / landscape Architect / Land Planner Contract Purchaser if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers / Surveyors/ Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property #-- - .-6 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ® ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 qVB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANTS SIGNATURE PRINT NAMF DATE Page 5 of 7 OWNER VB Virginia Beach YES NO [ SERVICE ] PROVIDER `use add) additional sheets if J Accounting and/or preparer of your tax return Architect / Landscape Architect / Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers / Surveyors/ Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents/Re4itors for current and anticipated future sales of the subject, oroperty SECTjdN 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 'VB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement F]DATE' complete, true, and accurate. I understand that, upon receipt of notification that the application scheduled for public hearing, I am responsible for updating the in provided herein two weeks prior to the Planning Commission, Cou meeting, or meeting of any public body or committee in connection A lication. PROPERTY OWNER'S SIGNATURE PRINT NAME 11 Page 7 of 7 fF!!1Q-'� FFFF.ii L 7 rutR� i} LL l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to 5 Years with Chapman's Flowers, Inc., d/b/a Chapman's Flowers & Gifts at the Farmer's Market, for City -Owned Property Known as Building 6, Space Numbers 3 & 4, in the Virginia Beach Farmers Market MEETING DATE: February 2p, 2018 ■ Background: Chapman's Flowers, Inc., d/b/a Chapman's Flowers & Gifts at the Farmer's Market ("Chapman's Flowers"), would like to enter into a new lease with the City of Virginia Beach for Building 6, Space Numbers 3 & 4, at the Virginia Beach Farmers Market. The premises consists of approximately 620 square feet and will be utilized for the sale of locally grown vegetable and flower plants; local produce and honey; jams, jellies, sauces and ciders; nautical gifts and seashells; decorative flags; garden statues; and related items, and for no other purpose. ■ Considerations: The initial term of the Lease is three (3) years with two renewal options for a term of one (1) year each, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease with sixty (60) days' notice if needed for a public purpose. For more specific terms, see attached Summary of Terms. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ■ Alternatives: Approve Lease as presented, change conditions of the Lease or deny leasing of the space. ■ Recommendation: Approval ■ Attachments: Disclosure Statement Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting D artm nt1A ncy: Public Works/Facilities Management-° City Manager: "1, 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 EXECUTE A LEASE FOR UP TO 5 YEARS WITH 3 CHAPMAN'S FLOWERS, INC., D/B/A CHAPMAN'S 4 FLOWERS & GIFTS AT THE FARMER'S MARKET, FOR 5 CITY -OWNED PROPERTY KNOWN AS BUILDING 6, 6 SPACE NUMBERS 3 & 4, IN THE VIRGINIA BEACH 7 FARMERS MARKET 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 10 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam 11 Neck Road in Virginia Beach, Virginia (the "Farmers Market"); 12 13 WHEREAS, Chapman's Flowers, Inc., d/b/a Chapman's Flowers & Gifts at the 14 Farmer's Market ("Chapman's Flowers"), would like to enter into a new lease with the 15 City for Building 6, Space Numbers 3 & 4, at the Farmers Market, consisting of 16 approximately 620 square feet (the "Premises"); 17 18 WHEREAS, the Premises will be utilized for the sale of locally grown vegetable 19 and flower plants; local produce and honey; jams, jellies, sauces and ciders; nautical 20 gifts and seashells; decorative flags; garden statues; and related items, and for no other 21 purpose, and 22 23 WHEREAS, Chapman's Flowers has agreed to pay the City an initial rental rate 24 of $875.04 per month ($10,500.48 per year) for the use of the Premises. 25 26 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA: 28 29 That the City Manager is hereby authorized to execute a lease for up to 5 years 30 between Chapman's Flowers and the City for the Premises, in accordance with the 31 Summary of Terms attached hereto as Exhibit A and made a part hereof, and such 32 other terms, conditions or modifications as may be acceptable to the City Manager and 33 in a form deemed satisfactory by the City Attorney. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 36 , 2018. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM �(�i till 1��✓ � � � ' , . City Attorney ublic Work nagement CA14201 R-1 February 8, 2018 EXHIBIT A LOCATION MAP CITY -OWNED PROPERTY TO BE LEASED TO CHAPMAN'S FLOWERS, INC., d/b/a CHAPMAN'S FLOWERS & GIFTS AT THE FARMER'S MARKET Space Numbers 3 & 4, in Building b, consisting of approximately 620 square feet SUMMARY OF TERMS LEASE FOR BUILDING 6, SPACE NUMBERS 3 & 4 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Chapman's Flowers, Inc., d/b/a Chapman's Flowers & Gifts at the Farmer's Market PREMISES: Building 6, Space Numbers 3 & 4, consisting of approximately 620 square feet TERM: Initial Term — February 1, 2018 — January 31, 2021 (3 years) Renewal Term 1— February 1, 2021 — January 31, 2022 (1 year) Renewal Term 2— February 1, 2022 — January 31, 2023 (1 year) RENT: Initial rent of $875.04 each month totaling $10,500.48 for the first year, subject to five percent (5%) annual rent escalation for successive years. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for sale of locally grown vegetable and flower plants; local produce and honey; jams, jellies, sauces and ciders; nautical gifts and seashells; decorative flags; garden statues; and related items, and for no other purpose. • Maintain Premises, including heating and air conditioning units and/or heat pump units. Payment of all assessed fees and taxes. Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market and structural elements of the Premises. Provide electrical service. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving sixty (60) days' advance written notice. Lessee may terminate by giving ninety (90) days' advance written notice. A)B II Virginia Beach APP mans �I�s LICANT'S NAME DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property by City Alternative Compliance, Special Exception for Board of Zoning Appeals Certificate of Appropriateness (Historic Review Board) Chesapeake Bay Preservation Area Board Conditional Use Permit Disposition of City Property Economic Development Investment Program (EDIP) Encroachment Request Floodplain Variance Franchise Agreement Lease of City Property License Agreement Modification of Conditions or Proffers Nonconforming Use Changes Rezoning Street Closure Subdivision Variance Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY / All disclosures must be updated two (2) weeks prior to any Plannin Commission and Cit Council meetin that ertains to the a lication(s). [] APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OFDATE: ____ REVISIONS SUBMITTED DATE: L_ Page 1 of 7 A)B Virginia Beach ® Check here if the APPLICANT 1S__ NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT /S a corporation, partnership, firm, business, or other unincorporated organization. ttt'' (A) List the Applicant's name:___ _f&2`'__________ ---------- If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) k"� Y� (" � �- �k " (B) List the businesses that have a parent -subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes I and z SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only y property_. owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER 1S a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:________________ If an LLC, list the member's names: Page 2of7 A)B Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent -subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. ` "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (li) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3of7 VB APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if _ �� needed) ❑ M ❑ 11 El Accounting and/or preparer of your tax return Architect / Landscape Architect / Land Planner Contract Purchaser (if other than the_Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers / Surveyors/ Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the sub 'ect property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE CC YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development El contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 VB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application., _w APPLICANT'S SIGNATURE PRINT NAME _ DA E Page 5 of 7 XB Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ ❑ Accounting and/or preparer of your tax return Architect / Landscape Architect / Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers / Surveyors/ Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the pctperty) Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject ra erty___ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO EJ F-1 Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 , Er )B Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. PROPFRT`, OWNER'S SIGNATURE I PRINT NAME I DATE Page 7 of 7 � ; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to 5 Years with Elsie V. Creekmore, tla Creekmore's Place, for City -Owned Property Known as Building 7, Space Numbers 7 & 8, in the Virginia Beach Farmers Market MEETING DATE: February 20, 2018 ■ Background: Elsie V. Creekmore, tta Creekmore's Place, would like to enter into a new lease with the City of Virginia Beach for Building 7, Space plumber 7 & 8, at the Virginia Beach Farmers Market. The premises consists of approximately 980 square feet and will be utilized for the sale of produce and related items, and for no other purpose. ■ Considerations: The initial term of the Lease is three (3) years with two renewal options for a term of one (1) year each, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease with sixty (60) days' notice if needed for a public purpose. For more specific terms, see attached Summary of Terms. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ■ Alternatives: Approve Lease as presented, change conditions of the Lease or deny leasing of the space. ■ Recommendation: Approval ■ Attachments: Disclosure Statement Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Depart ent/ gency: Public Works/Facilities Management �y� City Manage 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 5 3 YEARS WITH ELSIE V. CREEKMORE, TIA 4 CREEKMORE'S PLACE, FOR CITY -OWNED 5 PROPERTY KNOWN AS BUILDING 7, SPACE 6 NUMBERS 7 & 8, IN THE VIRGINIA BEACH 7 FARMERS MARKET 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 10 Virginia Beach Farmers Market located at the comer of Princess Anne Road and Dam 11 Neck Road in Virginia Beach, Virginia (the "Farmers Market"); 12 13 WHEREAS, Elsie V. Creekmore, tfa Creekmore's Place ("Creekmore's Place"), 14 would like to enter into a new lease with the City for Building 7, Space Numbers 7 & 8, 15 at the Farmers Market, consisting of approximately 980 square feet (the "Premises"); 16 17 WHEREAS, the Premises will be utilized for the sale of produce and related 18 items, and for no other purpose; and 19 20 WHEREAS, Creekmore's Place has agreed to pay the City an initial rental rate of 21 $692.88 per month ($8,314.56 per year) for the use of the Premises. 22 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized to execute a lease for up to 5 years 27 between Creekmore's Place and the City for the Premises, in accordance with the 28 Summary of Terns attached hereto as Exhibit A and made a part hereof, and such 29 other terms, conditions or modifications as may be acceptable to the City Manager and 30 in a form deemed satisfactory by the City Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 33 , 2018. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM City Attorney V Public Works anagement CAI 4202 R-1 February 8, 2018 EXHIBIT A LOCATION MAP CITY -OWNED PROPERTY TO BE LEASED TO ELSIE V. CREEKMORE, T/A CREEKMORE'S PLACE Space Numbers 7 & 8, in Building 7, consisting of approximately 980 square feet M. SUMMARY OF TERMS LEASE FOR BUILDING 7, SPACE NUMBERS 7 & 8 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Elsie V. Creekmore, t/a Creekmore's Place PREMISES: Building 7, Space Numbers 7 & 8, consisting of approximately 980 square feet TERM: Initial Term — February 1, 2018 — January 31, 2021 (3 years) Renewal Term 1— February 1, 2021 — January 31, 2022 (1 year) Renewal Term 2— February 1, 2022 — January 31, 2023 (1 year) RENT: Initial rent of $692.88 each month totaling $8,314.56 for the first year, subject to five percent (5%) annual rent escalation for successive years. RIGHTS AND RESPONSIBILITIES OF LESSEE: Use Premises for the sale of produce and related items, and for no other purpose. • Maintain Premises, including heating and air conditioning units and/or heat pump units. Payment of all assessed fees and taxes. Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market and structural elements of the Premises. Provide electrical service. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving sixty (60) days' advance written notice. Lessee may terminate by giving ninety (90) days' advance written notice. XB Virginia Beach APPLICANT'S NAME �_ te. -mo ��`� DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property by City _ Alternative Compliance, Special Exception for Board of Zoning Appeals Certificate of Appropriateness (Historic Review Board) Chesapeake Bay Preservation Area Board Conditional Use Permit Disposition of City Property Economic Development Investment Program (EDIP) Encroachment Request Floodplain Variance Franchise Agreement Lease of City Property License Agreement Modification of Conditions or Proffers Nonconforming Use Changes Rezoning Street Closure Subdivision Variance Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 -- SECTION 1 /APPLICANT DISCLOSURE FOR CITY USE ONLY / All disclosures must be updated two—Q-)—weeks prior to any Plannin Commission and Cit. Council meetin that _ ertains to the a lication(s). ❑ APPLICANT NOTIFIED OF HEARING DATE: E]NO CHANGES AS OF ! DATE: j �_ REVISIONS SUBMITTED I DATE:~'' Page 1 of 7 Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT 1S a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:________ If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent -subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different Lrom Applicant. ® Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER /S a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:_________________________________ If an LLC, list the member's names: Page 2 of 7 'VB Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (6) List the businesses that have a parent -subsidiary ' or affiliated business entity relationship with the Property Owner: (Attach list if necessary) I "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. ` "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the alplication or any business operating or to be operated on the Property_. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 YES FNO ❑ U APPLICANT SERVICE Accounting and/or preparer of your tax return Architect / Landscape Architect / Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers / Surveyors/ Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition t or construction of the property) Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property XB Virginia Beach PROVIDER (use additional sheets if needed) SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this .Application. E APPLICANT'S SIGNATURE PRINT NAME Page 5 of 7 OWNER �V Virginia Beach YES NO SERVICE PROVIDER (use additional sheen if� needed) OEM 0 0 MEN Accounting and/or preparer of your tax return Architect / Landscape Architect / Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers / Surveyors/ Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO ❑ ❑ Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6of7 Virginia Beach CERTIFICATION: 1 certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. I PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 nMPJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to 5 Years with Virginia Garden, Inc., d/b/a Virginia Garden Organic Grocery, for City -Owned Property Known as Building 8, Space Numbers 23, 24 & 27, in the Virginia Beach Farmers Market MEETING DATE: February 20, 2018 ■ Background: Virginia Garden, Inc., d/b/a Virginia Garden Organic Grocery, would like to enter into a new lease with the City of Virginia Beach for Building 8, Space Numbers 23, 24 & 27, at the Virginia Beach Farmers Market. The premises consists of approximately 1,440 square feet and will be utilized for the sale of certified organic produce and dried goods, pasture raised/grass-fed meat and eggs; gift items, including beeswax candles, local soaps, cards, books; and related items, and for no other purpose.. ■ Considerations: The initial term of the Lease is three (3) years with two renewal options for a term of one (1) year each, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease with sixty (50) days' notice if needed for a public purpose. For more specific terms, see attached Summary of Terms. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ■ Alternatives: Approve Lease as presented, change conditions of the Lease or deny leasing of the space. ■ Recommendation: Approval ■ Attachments: Disclosure Statement Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting DepartmentVAgp,ncy: Public Works/Facilities Management City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 5 3 YEARS WITH VIRGINIA GARDEN, INC., D/B/A 4 VIRGINIA GARDEN ORGANIC GROCERY, FOR 5 CITY -OWNED PROPERTY KNOWN AS BUILDING 6 8, SPACE NUMBERS 23, 24 & 27, IN THE VIRGINIA 7 BEACH FARMERS MARKET 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 10 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam 11 Neck Road in Virginia Beach, Virginia (the "Farmers Market"); 12 13 WHEREAS, Virginia Garden, Inc., d/b/a Virginia Garden Organic Grocery 14 ("Virginia Garden"), would like to enter into a new lease with the City for Building 8,. 15 Space Numbers 23, 24 & 27, at the Farmers Market, consisting of approximately 1,440 16 square feet (the "Premises"); 17 18 WHEREAS, the Premises will be utilized for the sale of certified organic produce 19 and dried goods, pasture raised/grass-fed meat and eggs; gift items, including beeswax 20 candles, local soaps, cards, books; and related items, and for no o±'ier purpose; and 21 22 WHEREAS, Virginia Garden has agreed to pay the City an initial rental rate of 23 $1,042.97 per month ($12,515.64 per year) for the use of the Premises. 24 25 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA: 27 28 That the City Manager is hereby authorized to execute a lease for up to 5 years 29 between Virginia Garden and the City for the Premises, in accordance with the 30 Summary of Terms attached hereto as Exhibit A and made a part hereof, and such 31 other terms, conditions or modifications as may be acceptable to the City Manager and 32 in a form deemed satisfactory by the City Attorney. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 35 2018. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM City Attorney Public Works/Facilities Management CAI 4204 R-1 February 8, 2018 EXHIBIT A LOCATION MAP CITY -OWNED PROPERTY TO BE LEASED TO VIRGINIA GARDEN, INC., D/B/A VIRGINIA GARDEN ORGANIC GROCERY Space Numbers 23, 24 & 27, in Building 8, consisting of approximately 1,440 square feet OKILMA Mfg STOAAre s "Ej I I I I Sr V STORAr.1 I I I A, TC IVR' I I I f wR• f I � Mfg SUMMARY OF TERMS LEASE FOR BUILDING 8, SPACE NUMBERS 23,24 & 27 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Virginia Garden, Inc., d/b/a Virginia Garden Organic Grocery PREMISES: Building 8, Space Numbers 23, 24 & 27, consisting of approximately 1,440 square feet TERM: Initial Term — February 1, 2018 — January 31, 2021 (3 years) Renewal Term 1— February 1, 2021 — January 31, 2022 (1 year) Renewal Term 2— February 1, 2022 — January 31, 2023 (1 year) RENT: Initial rent of $1,042.97 each month totaling $12,515.64 for the first year, subject to five percent (5%) annual rent escalation for successive years. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the sale of certified organic produce and dried goods, pasture raised/grass-fed meat and eggs; gift items, including beeswax candles, local soaps, cards, books; and related items, and for no other purpose. • Maintain Premises, including heating and air conditioning units and/or heat pump units. Payment of all assessed fees and taxes. Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market and structural elements of the Premises. Provide electrical service. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving sixty (60) days' advance written notice. Lessee may terminate by giving ninety (90) days' advance written notice. A)B Virginia Beach APPLICANT'S NAME � (01_n lb r*filL ` GC((J, DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property by City _ Alternative Compliance, Special Exception for Board of Zoning Appeals Certificate of Appropriateness (Historic Review Board) Chesapeake Bay Preservation Area Board Conditional Use Permit Disposition of City Property _ Economic Development Investment Program (EDIP) Encroachment Request Floodplain Variance Franchise Agreement Lease of City Property License Agreement Modification of Conditions or Proffers Nonconforming Use Changes Rezoning Street Closure Subdivision Variance Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 /APPLICANT DISCLOSURE i FOR CITY USE ONLY / All disclosures must be updated two (2) weeks prior to any Page 1 of 7 Plannin Commission and Cit Council meetin that . ertains to the a olication(s). APPLICANT NOTIFIED OF HEARING v DATE: NO CHANGES AS OF DATE REVISIONS SUBMITTED DATE- XB Virginia Beach ❑ Check here if the APPLICANT /S NOT a corporation, partnership, firm, business, or other unincorporated organization. ElCheck here if the APPLICANT 1S a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: ---- — ------------- —___________ If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent -subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 4-1 — — — - f SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. F] Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) AiGkQ[-P__ �s kea ►� --D i✓_c_�t✓- (B) List the businesses that have a parent -subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists wVen one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. ` "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (I) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3of7 XB APPLICANT Virginia Beach YES NO SERVICE ® F] Accounting and/or preparer of your tax return Architect / Landscape Architect / Land Planner F] Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) DEl f -j Construction Contractors Engineers / Surveyors/ Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) El 11 Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property PROVIDER (use additional sheets if needed) SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have rqui an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 XB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANTS SIGNATURE PRINT NAME DATE Page 5 of 7 VB OWNER Virginia Beach YES FN O SERVICE PROVIDER (use additional sheets if needed) MEN Accounting and/or preparer of your tax return Architect / Landscape Architect / Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers / Surveyors/ Agents Financing (include current mortgage holders and lenders, selected or being considere44o provide financing for acq ' ition or construction of the pr perty) Legal Services Real Estate Broker's / Agents/Realtoy� for current and anticipated f Lure sales of the subject pro/perty SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES "NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development 0 ❑ contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 A)B Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. PROPERTY OWNER'S SIGNATURE �. PRINT NAME DATE Page 7 of 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the City Manager to execute a lease for five (5) years for a portion of City right-of-way known as Ocean View Avenue adjacent to 4535 Ocean View Avenue MEETING DATE: February 20, 2018 ■ Background: The City owns the right-of-way known as Ocean View Avenue. A portion of the right-of-way consisting of 655 square feet is an unimproved, gravel area in front of the 4536 Ocean View Avenue (the ".`Gravel Parking Area"). B & J Ltd. of Virginia, a Virginia corporation ("B & X), owns the property located at 4536 Ocean View Avenue and operates the Buoy 44 restaurant on the site. At the time B & J purchased the property in 1974, the Gravel Parking Area was in front of its building, and B & J has been using it since for customer parking. There is no record of approval by the City for B & J to use the Gravel Parking Area. B & J desires to formalize an agreement with the City for use of the Gravel Parking Area. City Staff has reviewed the request to lease the Gravel Parking Area and recommends approval of same. ■ Considerations: B & J has agreed to pay the City $1,200 per year for leasing the Gravel Parking Area, to be used as parking, located at the front of Buoy 44 restaurant. On October 3, 2017, City Council conditionally approved encroachments by B & J into Ocean View Avenue and Fentress Avenue at this site, subject to B & J entering into a lease with the City for the Gravel Parking Area. ■ Public Information: Advertisement of Public Hearing in The Virginian -Pilau, Beacon. Advertisement of City Council Agenda. ■ Alternatives: Deny the request, or add additional conditions as desired by Council. ■ Recommendations: Approval. ■ Attachments: Disclosure Statement, Location Map, Ordinance and Summary of Terms Recommended Action: Submitting De City Manager:{ ncy: Public Warks/Facilities Management �p 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE A LEASE FOR FIVE (5) YEARS FOR A 3 PORTION OF CITY RIGHT -OF -WRY KNOWN AS OCEAN 4 VIEW AVENUE ADJACENT TO 4536 OCEAN VIEW 5 AVENUE 6 7 WHEREAS, the City of Virginia Beach (the "City") owns right-of-way known as 8 Ocean View Avenue, which contains approximately 655 square foot (0.015 acre) of 9 gravel area as shown on Exhibit A attached hereto and made a part hereof ("Gravel 10 Parking Area"); 11 12 WHEREAS, B & J, Ltd. of Virginia, a Virginia corporation ("B & J"), operates a 13 restaurant establishment known Buoy 44, which is located at 4536 Ocean View 14 Avenue. B & J desires to enter into a lease agreement with the City for a term of five 15 (5) years, to occupy and use the Gravel Parking Area for additional parking for its 16 customers; and 17 18 WHEREAS, B & J has agreed to pay the City $1,200 per year for use of the 19 Gravel Parking Area. 20 21 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA; 23 24 That the City Manager is hereby authorized to execute a lease for the term of 25 five (5) years, between B & J and the City for the Gravel Parking Area in accordance 26 with the Summary of Terms attached hereto as Exhibit B and made a part hereof, 27 and such other terms, conditions or modifications deemed necessary and sufficient 28 by the City Manager and in a form deemed satisfactory by the City Attorney. 29 30 Adopted by the Council of the City of Virginia Beach, Virginia on the 31 day of > 2018. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM City Attorney Public Works Management CA14187 R-1 February 8, 2018 EXHIBIT "A" 4536 Ocean View Avenue "Gravel Parking Area" r • r • y 4536 Ocean View A►�enue a L(J��P y�S, • f = 655 square feet of Gravel Parking Area EXHIBIT B SUMMARY OF TERMS LEASE OF CITY -OWNED RIGHT-OF-WAY KNOWN AS OCEAN VIEW AVENUE LESSOR: City of Virginia Beach LESSEE: B & J, Ltd. of Virginia, a Virginia corporation PREMISES: Approximately 655 square feet (0.015 acres) of gravel area located in the City right-of-way known as Ocean View Avenue TERM: March 1, 2018 through February 28, 2023 RENT: $1,200 per year RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Premises solely for parking for guests; any assignment or sublease must be approved in writing by the City. • Keep, repair, and maintain the Premises, at its sole expense, in a safe, clean and orderly condition. • Maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. • Assume full responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Obtain any necessary permits in connection with its use of the Premises. • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease, including any applicable leasehold taxes. RIGHTS AND RESPONSIBILITIES OF LESSOR: Access to the Premises at any time, without prior notice, in the event of an emergency. The right to require Lessee to surrender possession and control of the Premises to the City upon forty-eight (48) hours' written notice, if needed for a public purpose. The right to grant easements and right of way across or upon the Premises for streets, alleys, public highways, drainage, and utilities. TERMINATION: The City may terminate the Lease for any reason upon ninety (30) days' written notice. W'.' Virginia Beach APPLICANT'S NAMEEti W. a l4a , DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property by City Alternative Compliance, Special Exception for Board of Zoning Appeals Certificate of Appropriateness (Historic Review Board Chesapeake Bay Preservation Area Board Conditional Use Permit Disposition of City Property Economic Development Investment Program (EDIP Encroachment Request Floodplain Variance Franchise Agreement Lease of City Property License Agreement Modification of Conditions or Proffers Nonconforming Use Changes Rezoning Street Closure Subdivision Variance Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY / All disclosures must be updated two ('e) weeks prior In any Vlarnino Commission and City Council me.eiing that pertains to thea licatior,(s . ❑ APPLICANT NOTIFIED OF HEARING DATr. NO CHANGES AS OF VA I E: REVISIONS SUBMITTED DATr: Page 1 of 5 I in lYry Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. bl.l Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. y� l.- (A) List the Applicant's name:VT-Zj- 1 Wi----- If an LLC, list all member's nares: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) »lleA\ ) UViI sr (B) List the businesses that have a parent -subsidiary r or affiliated business entity Z relationnsh(ip with the Applicant: (Attach list if necessary) rV —A See next page for Information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section Z only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER tS a corporation, partnership, firm, business, or other unincorporated organization, ANDREcomplete the following. ((rr���,�„, (A) List the Property Owner's name:�41�ll �LQ If an LLC, list the member's Page 2 of 5 X.8 VhThAa Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent -subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) AJ14 I 'Parent -subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. ` 'Affiliated business entity relationship' means "a relationship, other than parent -subsidiary relationship, that exists when (1) one business entity has a controlling ownership interest in the other business entity, (il) a controlling owner in one entity is also a controlling owner in the other entity, or (ili) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business ooerating or to be operated on the Property. If the answer to any item Is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY I Page 3 of 5 YES NO SERVICE U ❑ Accounting and/or preparer of your tax return ❑ Architect / Landscape Architect / Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser ❑ and purchaser's service providers Any other pending or proposed ❑ r: 't t�J purchaser of the subject property (identify purchaser(s) and purchaser's service providers) 0 Construction Contractors ❑ Engineers / Surveyors/ Agents Financing (include current mortgage holders and lenders selected or being considered to ❑ provide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers / ❑ ( Agents/Realtors for current and anticipated future sales of the subject property Virginia Beach PROVIDER (use additional sheets if needed) pal, SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 ml, Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA m ting, or meeting of any public body or committee in connection with this A licatio Z P CA S TUBE PRINT 14AME JDTE PROPE OWN SIG RE PRINT NAME DTE Page 5 of 5 lU8�1 CITY OF VIRGINIA BEACH AGENDA ITEM , ITEM: An Ordinance to Amend Section 23-11.2 of the City Code Pertaining to the Offense of Assault and Battery Against a Family Member MEETING DATE: February 20, 2018 ■ Background: Virginia Code § 18.2-57.2 sets forth the criminal offense of assault and battery against a family member and incorporates by reference the definition of "family member" set forth in Virginia Code § 16.1-228. City Code § 23-11.2 mirrors Virginia Code § 18.2-57.2 but needs to be amended to reflect the current definition of "family member" that is set forth in the other Virginia Code section. ■ Considerations: This ordinance amends the City Code to conform with the updated definition of "family member" from the state code. The revised definition includes the defendant's parents, stepparents, children, stepchildren, brothers and sisters, grandparents and grandchildren regardless of whether those persons reside with the defendant. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Polic City Manager ` t 1 AN ORDINANCE TO AMEND SECTION 23-11.2 OF 2 THE CITY CODE PERTAINING TO ASSAULT AND 3 BATTERY AGAINST FAMILY OR HOUSEHOLD 4 MEMBER 5 6 Section Amended: § 23-11.2 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Section 23.11.2 is hereby amended to the Code of the City of Virginia Beach, 12 Virginia to read as follows: 13 14 Sec. 23-11.2. - Assault and battery against family or household member. 15 16 (a) Any person who commits an assault and battery against a family or household 17 member shall be guilty of a Class 1 misdemeanor. 18 19 (b) As used in this section, "family or household member" means (i) the defendant's 20 spouse, whether or not he or she resides in the same home with the defendant; (ii) 21 the defendant's former spouse, whether or not he or she resides in the same home 22 with the defendant; (iii) the defendant's parents, stepparents, children, stepchildren, 23 brothers and sisters, half-brothers and half-sisters, grandparents and grandchildren 24 regardless of whether or��,not ,,,,such persons reside in the same home with the 25 defendant who Fes;d' ttil� - same home with the defeRdant; (iv) the defendant's 26 mother-in-law, father-in-law, son-in-law, daughter-in-law, brothers-in-law and 27 sisters-in-law who reside in the same home with the defendant; (v) any person who 28 has a child in common with the defendant, whether or not the defendant and that 29 person have been married or have resided together at any time; or (vi) any individual 30 who cohabits or who, within the previous twelve (12) months, cohabited with the 31 person, and any children of either of them residing in the same home with the 32 defendant. 33 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Oe Gal' Police Department City rney's Office (-,/' CA14274 R-1 February 9, 2018 r,w^+h1w A M1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing One-half of an Unimproved, Unnamed Alley Adjacent to the Rear of 829 S. Atlantic Avenue in Croatan MEETING DATE: February 20, 2018 ■ Background: On March 1, 2016, by Ordinance ORD -34380, City Council approved the request by Amy R. Slagle (the "Applicant") to close approximately 375 sq. ft. of an unimproved, unnamed alley ("Right -of -Way"), adjacent to the rear of her property at 829 S. Atlantic Avenue. ■ Considerations: There were four (4) conditions to the approval of the street closure: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat shall be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicant shall verify that no private utilities exist within the Right -of - Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Ciosure of the Right -of -Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval, said approval shall be considered null and void. The Applicant has submitted a subdivision plat to the Planning Department for review, however, the plat will not be in final form and ready to record prior to the deadline to meet the conditions. On January 10, 2017„ the Applicant requested additional time to satisfy the conditions set forth in Ordinance ORD -34360. Staff concluded that the request for additional time to meet the conditions was reasonable and, on February 21, 2017, by Ordinance ORD -3488C, City Council approved the extension until February 28, 2018. On January 9, 2018, the Applicant requested additional time to finalize Condition 2 set forth in Ordinance ORD -34360. Staff concluded that granting another extension of time to satisfy Condition 2 is reasonable. All other conditions of the street closure have been met. ■ Recommendations: Allow an extension of one (1) year for satisfaction of the conditions. N Attachments: Ordinance Location Map Disclosure Statement Form Recommended Action: Approval. Submitting Departme VAgency: Planning Department 1 City Manager: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 AN ORDINANCE EXTENDING THE DATE FOR SATISFYING THE CONDITIONS IN THE MATTER OF CLOSING ONE-HALF OF AN UNIMPROVED, UNNAMED ALLEY ADJACENT TO THE REAR OF 829 S. ATLANTIC AVENUE IN CROATAN WHEREAS, on March 1, 2016, the Council of the City of Virginia Beach acted upon the application of Amy R. Slagle (the "Applicant"), for the closure of approximately 375 Sq. Ft. of an unimproved, unnamed alley adjacent to the rear of her property located at 829 S. Atlantic Avenue; WHEREAS, City Council adopted an Ordinance (ORD -34360) to close the aforesaid portion of right-of-way, subject to certain conditions being met on or 'before February 28, 2017; and WHEREAS, on January 10, 2017 the Applicant requested an extension of time to satisfy the conditions to the aforesaid street closure action and, by Ordinance ORD - 3488C, City Council approved the extension until February 28, 2018; WHEREAS, on January 9, 2018, the Applicant requested an additional extension of time to satisfy the conditions to the aforesaid street closure action; and WHEREAS, staff recommends that an additional one (1) year extension be approved. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: That the date for meeting conditions of closure as stated in the Ordinance adopted on March 1, 2016 (ORD -34360), upon application of Amy R. Slagle, is extended to February 28, 2019. Adopted by the Council of the City of Virginia Beach, Virginia, on this day Of , 2018. No GPIN assigned (Right -of -Way) Adjacent to GPIN: 2426-37-9901 ALf APPROVED AS TO LEGAL SUFFICIENCY: w f //� 4 ., �/ ,&v City Attorney CA 14208 lkvbgov.comlDFS 1 Vlpplica0onskCftyLawProftycom32%W pdoCS00121P016ODDBMO.O<)C R-1 February 8, 2018 APPROVED AS TO CONTENT: als �p y PlzFnning D- 1 .. _,,.►4't,G INV end 2 ander''` I" - v._ Virginia Beach APPLICANT'S NAME Roger S. Slagle & Amy R. Slagle DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property by City Alternative Compliance, Special Exception for Board of Zoning Appeals Certificate of Appropriateness (Historic Review Board) Chesapeake Bay Preservation Area Board Conditional Use Permit Disposition of City Property Economic Development Investment Program (EDIP) Encroachment Request Floodplain Variance Franchise Agreement Lease of City Property License Agreement Modification of Conditions or Proffers Nonconforming Use Changes Rezoning Street Closure Subdivision Variance Wetlands Board The disclosures contained in this farm are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY / All disclosures must be updated two (2) weeks prior to any i Plannina Commission and Citv Council meetina that oertains to the aoolication(s). i 0 APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: lei z I" is " kat tL) 171 REVISIONS SUBMITTED DATE: Page I of 7 csry or Virginia Beach 0 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Roger S. & Amy R.-Slagle-- If .Slagle__If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent -subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different Lrom Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 4 ctry of Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent -subsidiary 1 or affiliated business entity relationship with the Property Owner: (Attach list if necessary) . 'Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. ` "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business ol2erating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 I D -Z V" ., APPLICANT Virginia Beach YES NOF SERVICE PROVIDER (use additional sheets if needed) ❑ so D Accounting and/or preparer of your tax return Architect / Landscape Architect / Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers / Surveyors/ Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property Metro Associates Incorporated Gallup Surveyors & Engineers, Ltd. NationStar Mortgage, SunTrust Bank Sykes, Bourdon, Ahern & Levy, P.C. SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO ❑ 0 Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 �'�rginia Beach Cf RTI1FICATI ON: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Avalicationn Roger S. Slagle gg z 74 PRINT NAME DATE Amy R. Slagle -f4D Z Z4 Page 5of7 ntn ems; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds and to Authorize a Grant to Lynnhaven River NOW for an Education and Community Outreach Program MEETING DATE: February20, 2018 ■ Background: Lynnhaven River NOW (LRN) is a non-profit 501(c)(3) organization with a mission to increase education and awareness of the benefits of a healthy Lynnhaven River Watershed. LRN has requested a grant to support Pearl Communities, Advocacy and Restoration in the Lynnhaven River, Little Creek, and Elizabeth River Watersheds. The proposal from LRN is attached and summarized below. • Pearl Communities: Outreach to various City public organizations by expanding the Pearl designation program for faith communities, schools (public and private) and businesses. • Advocacy: Efforts to support good environmental policy at the local and state levels and to facilitate between citizens and government agencies. • Restoration: Coordinate with partner organizations including the City of Virginia Beach and community volunteers to design, fund and coordinate implementation of restoration projects in Virginia Beach to include oyster restoration, wetlands restoration, living shorelines and riparian buffers. ■ Considerations: The funding requested from the City for the remainder of Fiscal Year 2017-2018 is $120,000. LRN proposes to match this amount. The total of the proposed efforts for the rest of the fiscal year is $240,000. The activities in the proposed grant will support City initiatives and requirements related to MS4 Permit requirements and TMDL efforts. The funding for the City grant proposed in this request is from General Fund reserves and from the Virginia Beach Living River Trust budget unit in the Fiscal Year 2017-18 Operating Budget. If the Council authorizes the grant, the City staff will develop a detailed contract memorializing the expectations for the expenditure of grant funds and auditing of expenses. ■ Recommendations: Adopt the attached ordinance ■ Attachments: Ordinance; Disclosure; Letter from Lynnhaven River Now, dated January 23, 2018 Recommended Action: Approval Submitting epame It/Agency: Planning Department City Manager: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 AN ORDINANCE TO TRANSFER FUNDS AND TO AUTHORIZE A GRANT TO LYNNHAVEN RIVER NOW FOR AN EDUCATION AND COMMUNITY OUTREACH PROGRAM Whereas, the City of Virginia Beach has partnered with Lynnhaven River NOW to support Pearl Communities, advocacy, and restoration in the Lynnhaven River, Little Creek, and Elizabeth River watersheds. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $20,000 is hereby transferred from the FY 2017-18 General Fund Reserves and $100,000 is hereby transferred from the Virginia Beach Living River Trust to the Department of Planning's FY 2017-18 Operating Budget. 2. That a grant of $120,000 to Lynnhaven River NOW is hereby authorized to allow the development of an education and community outreach program. 3. The City Manager is authorized to execute a grant agreement between the City and Lynnhaven River NOW, provided the grant agreement is approved as to legal sufficiency by the Office of the City Attorney. The agreement is to be consistent with the previous grant agreement with Lynnhaven River NOW approved by the City Council on November 15, 2016. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Budget and Management Services CA14281 R-1 February 14, 2018 i Dana ar eyer City Attorney's Office LYNNHAVEN River NOW January 23, 2018 City Manager Dave nsen 2401 Courthou rive Municipal ter, Building 1 Virgini each, VA 23456 Dear Mr. Hansen, In December, 2017, Lynnhaven River NOW successfully completed all of the deliverables specified by the grant awarded us in December, 2016. Our final report was sent to Barry Frankenfield in December, 2017. These deliverables are the core of the successful and beneficial programs that we provide throughout Virginia Beach. Through the support of this grant, we were able to work with students and teachers in eighty-three schools throughout our city. In addition to our school programs, we were able to promote sustainable practices and good stormwater management through our Pearl Faith Communities Program and our Pearl Business program. In 2017 we completed several restoration projects including the construction of a two acre sanctuary reef in the Eastern Branch of the Lynnhaven River and began the planning for a similar reef in the Western Branch. We played a key role in advocating for no offshore drilling and other initiatives that are important to the City. Lynnhaven River NOW staff serve on many committees and boards within the city and in our region. All of the funds received through this grant were matched on a one to one basis with other grant funding, charitable contributions, and donations of goods and services. We are requesting a renewal of this grant funding for February, 2018 through January, 2019. The enclosed application details the specific deliverables that are a part of this request. The funds will again be matched one to one. Thank you for your consideration of this request. We look forward to continuing to work with you to move our city forward. Sincerely, Karen W. Forget Executive Director CC: Barry Frankenfield, Director of Planning and Community Development Brock Environmental Center, 3663 Marlin Bay Drive, Virginia Beach, VA 23455 www.LRNow.org 757-962-5398 Lynnhaven River NOW Grant Proposal for the City of Virginia Beach January, 2018 Introduction Managing stormwater is a primary strategy for improving local water quality and meeting the new TMDL and MS4 mandates. Retrofitting our current stormwater management system is an expensive and complicated undertaking and will not happen quickly. Lynnhaven River NOW's Restoration, Advocacy, Pearl Home, Pearl School, Pearl Business, and Pearl Faith Community Programs are designed to educate and engage the community in ways that will reduce the quantity of stormwater and reduce the pollutants in our stormwater. Our two efforts are complementary. There are many things that Lynnhaven River NOW can do to help the City meet its regulatory requirements and to engage the community in these efforts, And there are resources and opportunities that the City can provide that further our work and our mission. This partnership has worked well for both organizations. LRNow is a flexible, pragmatic and creative organization able to perform tasks at a fraction of the cost the city would incur and some tasks that would be impossible for city staff to perform. During the past decade we have worked together to • open 48% of the Lynnhaven River to shellfish harvest. • establish a No Discharge Zone in the Lynnhaven. • build 65 acres of sanctuary oyster reef and substantially increase our native oyster population. • move from an annual loss of wetlands to an annual gain in wetlands. • enroll over 3,200 families in our Pearl Home program. • regularly air public service announcements regarding responsible practices on VBTV. • institute a dynamic and successful scoop the poop campaign throughout the city. • promote excellent environmental education programs in all of our public and private schools and to recognize 83 Pearl Schools creating new generations of environmental stewards . • educate congregations and facilitate improved stormwater management in our Pearl Faith communities. • assist waterfront property owners with improved shoreline management practices. • develop strategies for protecting and preserving our valuable marsh islands. • establish responsible environmental management as a priority for all residents of Virginia Beach. • launch a new Pearl Business program promoting sustainable practices with Virginia Beach businesses. Together, we have been a leader in the region and many of our programs have been emulated by others. Our few, but important, public positions on the Asian Oyster, preservation of Pleasure House Point, light rail in Virginia Beach and menhaden harvest limits have had valuable impact. We are currently working hard to support the City's position in opposition to offshore drilling for oil and gas. As proud as we all should be of these accomplishments, many equally difficult challenges lie ahead. Finding solutions to sea level rise and increased flooding that also contribute to improving water quality is a major challenge_ Meeting increased regulatory demands in ways that do not stifle economic growth and the vitality of our community and continuing to engage the community in understanding and supporting the work that is necessary, and the increased funding that may be needed to support that work, are all areas where LRNow can continue to support and complement the work of the city staff and city leadership. As our programs and outreach have continued to grow and expand to include the entire city, so has the cost of administering those programs. We are requesting to renew our city grant to provide critical funding to allow us to continue these successful and effective programs. These funds will be supplemented with other grant funding, volunteer man hours, and individual and foundation donations. This funding will allow us to continue to grow the excellent programs that have produced the significant accomplishments of the past decade and will help our city to continue to meet the challenges of the next decade and be the cleanest, greenest city on the East Coast all at a fraction of the potential cost of a city program. Background Information Lynnhaven River NOW, formerly Lynnhaven River 2007, was established in 2002 to work toward a clean and healthy Lynnhaven River. For fourteen years, our work has been guided by the following strategic objectives: 1. Identify and reduce sources of pollution in the Lynnhaven River. 2. Restore vital habitat like oyster reefs, wetlands, riparian buffers, and underwater grasses. 3. Educate and engage the community and partner organizations in this work. For fifteen years, Lynnhaven River NOW (LRNow) has provided community education and outreach opportunities regarding restoration and protection of our Virginia Beach waterways teaching and inspiring residents to take steps to improve water quality in our Virginia Beach waterways. LRNow has successfully executed previous grants and contracts with the City of Virginia Beach, Public Works: PWCN-08-0294, 2005-2008 PWCN-09-0227, 2009-2011 PWCN-11-0262 and PWCN-11-0262D, 2011-2016 These previous contracts included all of the following in the scope of services supported: Lecture Series and Symposiums: General Lecture Series City Watersheds Symposium General Citizen Workshops: Oyster Habitat Education Sub -Aquatic Vegetation Habitat Education Landscape Practices including Nutrient Management, Buffer Gardens and Rain Gardens Citizen Stormwater Education Pearl Homes Program Wetlands Workshops Publications: Newsletters Educational Publications: Development, Printing, Distribution, and Mailing Presentations to Community Organizations School Programs Internet Notifications and Information Facilitation of Public Involvement Committee Participation No Discharge Zone Public Involvement Vegetated Buffer Restoration and Wetlands Board Policy State Clean Marina Program Adopt -A -Waterway Program Coordination of Restoration Projects Annual Reporting 2017 City Grant administered by the Planning Department Pearl Schools Pearl Faith Communities Pearl Businesses Advocacy Restoration Capability and Skills LRNow was established in 2002 and is a non-profit corporation in the state of Virginia and has an IRS 501(c)3 designation. LRNow currently has eleven employees, four full time and seven part time, in the following positions: • Executive Director, Karen Forget • Pearl School/Education Program Coordinator, Jody Ullmann • Pearl Home and Pearl Business Program Coordinator, Helen Kuhns • Pearl Faith Community Coordinator, Penny Moulis • Restoration Coordinator, Trista Imrich • Oyster Scientist, Laurie Sorabella • Oyster Projects Coordinator, Brent James • SOS Program Technician, Joe Randall • Office Manager and SOS Program Coordinator, Dana Sizemore • Development and Communications Coordinator, Emily Hatfield • Event Coordinator, Terri Gorman We also work with hundreds of volunteers. Between January 1, 2017 and December 30, 2017, we recorded 5,671 volunteer hours contributed to our various education, outreach, and restoration efforts LRNow is governed by a Board of Directors: Co -Chair and Treasurer Andrew Fine Co -Chair Harry Lester President Robert Wells Secretary Karen Forget Robert Miller Lillie Gilbert Cathy Coleman Maston Dave Jester Richard Serpe Brent James Steve Herbert Lisa Eure Robert Taylor Gene Ross Craig Cope Jan Dillard Joan Spore Michael Barrett Winston Bibee, LRNext Emily Steinhilber, LRNext LRNow provides services throughout the City of Virginia Beach, in all eight watersheds. Our annual budget is approximately $700,000. All of our work is focused on the City of Virginia Beach. Personnel who will be assigned to these projects Include: 1. Karen W. Forget, Executive Director BA Purdue University; MA College of William and Mary; Certificate of Non -Profit Management, Tidewater Community College, Center for Non -Profit Excellence. Karen Forget has forty-five years of experience as an educator and non-profit director. Karen Forget's responsibilities include oversight of all contract and grant work work, management of the budget, and responsibility for all reports. In addition, she manages the staff, our various committees and serves on several other boards and committees. She also manages our fundraising activities including applications for other grant funds. 2. Helen Kuhns, Pearl Home and Pearl Business Coordinator BS Christopher Newport University, Certificate of Non -Profit Management, Tidewater Community College, Center for Non -Profit Excellence. Helen Kuhns has 25 years of experience working with the Virginia State Parks, Hoff ler Creek Preserve, the Virginia Zoo, and LRNow in environmental and sustainability community organizing and community education. She is the Assistant Director of the Virginia Association of Environmental Educators and active with the Hampton Roads Association of Environmental Educators. She will be responsible for all aspects of the implementation of the Pearl Business program 3. Trista Imrich, Restoration Coordinator BA Ohio State University; MS American Public University, Virginia Certified Horticulturalist. Five years of experience in environmental outreach, estuary restoration, and landscape design. Trista Imrich coordinates all landscaping, buffer, and living shoreline projects, and manages our native plant programs. She does the property assessments and recommendations for shoreline, habitat and stormwater management improvements. 4. Laurie Carroll Sorabella, Oyster Scientist BA Wesleyan University; MS Virginia Institute of Marine Science, College of William and Mary. Twenty years of experience in Oyster and Estuary Restoration. Laurie oversees all oyster restoration projects and serves on the Interagency Oyster Restoration Committee. She is working on the submission of a NFWF grant for a two acre oyster reef in the Western Branch and coordinates our spat catcher program. 5. Brent James, Oyster Projects Coordinator BS US Naval Academy; SONS Harvard University. Brent James flew jets for the US Navy and is a retired Navy Captain living in Virginia Beach. He first became interested in environmental restoration when investigating the most responsible way to handle his own shoreline on the Lynnhaven River. Brent James coordinates all oyster restoration projects including the oyster castle projects with waterfront property owners. He monitors and maintains our oyster reefs and coordinates oyster restoration work. 6. Jody Ullmann, Pearl School Coordinator BA, University of Minnesota. Certified as a Virginia Master Naturalist Trainer, Project Learning Tree, Project WET, Project WILD, Project FLYING WILD, Project AQUATIC WILD, and WOW Instructor. Thirty- five years of experience in formal and informal education with the National Park Service, museums, school systems, and non -profits. Jody Ullmann manages our Pearl School program, teacher and parent education, field activities for students and teachers, and outreach and education for children and parents. 7. Penny Moulis, Pearl Faith Community Coordinator BS, College of William and Mary; DMIn, University of Creation Spirituality. Penny Moulis had many years of experience as a software developer and IT coordinator before obtaining her doctoral degree in theology with a concentration in Creation Care. Her work with LRNow is a fulfillment of a lifelong passion for the environment and the ways in which environmental stewardship is informed by one's faith. Penny Moulis manages all of our Pearl Faith Community projects and programs. 8. Dana Sizemore, Office Manager and SOS Coordinator High School diploma. Three years of experience with LRNow as an administrative assistant. Dana manages our office, assists the public, and assists with programs as needed. 9. Emily Hatfield, Development and Communications Coordinator BS. Old Dominion University. Emily has four years of experience in non-profit communication. She coordinates all of our social media posting and manages our website. In addition, she assists with other LRNow publications. Reporting We will provide quarterly reports to the City Council on all activities provided under this grant. At the end of the grant period, we will provide a summary report of all grant activities. Proposed Services To Be Provided: LRNow has offered very successful community education programs in Virginia Beach since 2002. During that time, we have built a strong network of partners throughout the city and have demonstrated the capacity to provide high quality and effective education and outreach programs that engage residents in reducing pollutants from their own properties and helping to restore vital habitats that are essential to the health of our Virginia Beach waterways. Pearl Faith Communities Virginia Beach has 700 faith communities and each has responsibility for a building and grounds and has a congregation who desire to be good stewards of our environment, but often do not know how to do that. The goal of this program is to educate the congregation and provide them with the assistance that they need to develop a sustainability plan for their grounds and their buildings. We will engage the Faith Communities through the following activities: 1. Providing at least 10 presentations/workshops/educational activities to faith community groups annually. 2. Management of the Faith Community enrollment process and awards of the banners. 3. Provide an annual gathering for all Virginia Beach Faith Communities to increase awareness of the program. 4. We will provide an annual daylong workshop for representatives from faith communities to learn more about best management practices and implementing them within their community. 5. Coordinate at least 3 landscaping projects annually on faith community properties to promote better stormwater management. 6. Promote the benefits of rainwater catchment and install at least 10 rain barrels on Faith Community properties annually. 7. Educate faith communities on waste reduction principles: Reduce, Reuse, Recycle, Rethink, and implement recycling programs in at least 5 faith communities annually. 8. Maintain a Facebook and website presence providing support for best practices in our Pearl Faith Communities. 9. Send a mailing to every identifiable faith community in Virginia Beach introducing our Pearl Faith Community program. Pearl Schools The goal of the Pearl School Program is to encourage excellent environmental education in all of our Virginia Beach public and private schools. We will engage students, teachers and their families through the following activities: 1. Provide at least 6 workshops annually for teachers and parents. 2. Continue to increase participation in the Pearl School program until all Virginia Beach public and private schools are engaged. Currently, there are 83 schools in this program. 3. Facilitate community participation in the planning and implementation of the Pearl School program. 4. Manage and implement the Growing Wetlands in the Classroom program with 30 schools annually. 5. Provide at least 15 presentations to Virginia Beach schools annually. 8. Facilitate at least 15 field activities for students and teachers annually. 9. Provide a Junior Master Naturalist program for Virginia Beach students. 10. Maintain a Facebook and website presence providing support for excellent environmental education. Pearl Businesses The goal of the Pearl Business Program is to help both small and large businesses in Virginia Beach understand how they can change their practices in ways that will both improve stormwater management on their property. This is a new program that will be developed and launch during the next year. The following will be accomplished to launch this new outreach and education program. 1. Provide at least 10 presentations to business networks and business associations during the first year. 2. Distribute 1000 copies of the Pearl Business program materials for small businesses. 3. Develop and implement a new section on our website devoted to best management practices for small and large businesses. 4. Enroll 10 small businesses and one large employer in the program during the first year. 5. Send a mailing to at least 500 businesses and business associations introducing the Pearl Business Program. 6. Maintain a Facebook and website presence promoting sustainable practices for businesses. Advocacy The goal of our advocacy efforts is to support good environmental policy at the local and state levels and to facilitate the conversation between the citizens and our elected officials. We accomplish this through: 1. LRNow staff participation on a variety of local, regional and state boards including but not limited to: a. HRPDC HR Green Committee b. HRPDC Native Plant Working Group c. Virginia Forever, General Board d. Virginia Conservation Network Board and Water Workgroup e. Resort Advisory Commission, Green Committee f. Virginia Beach Vision and several subcommittees g. Interagency Oyster Restoration Committee h. Offshore Drilling Advocacy Group Maintaining partnerships with a number of community groups including but not limited to: a. Council of Garden Clubs b. Council of Civic Organizations c. Resort Advisory Commission d. Bayfront Advisory Commission e. Virginia Beach Native Plant Society g. US Coast Guard Auxiliary h. Other non-profit organizations: Buy Fresh, Buy Local; Chesapeake Bay Foundation; Friend of Live Oaks. 3. Facilitating four meetings annually of representatives from all partner organizations. 4. Working with the Virginia Aquarium and Coastal Zone Management to develop and implement a marine debris program. 5. Working with Coastal Zone Management and the HRPDC on design and implementation of a native plant marketing strategy for Hampton Roads. 6. Educating the public and advocating in support of the City's position in opposition to offshore drilling. 7. Offering an annual Candidates Forum to give voters an opportunity to be informed on issues of local importance. Restoration LRNow will seek grant funding and coordinate with partner organizations including the City of Virginia Beach and community volunteers to design, fund and coordinate implementation of restoration efforts in our Virginia Beach waterways including but not limited to oyster restoration, wetlands restoration, living shorelines, and riparian buffer restoration. We accomplish this through: 1. Consultation visits to private properties to assess and advise on best management practices related to shoreline management and stormwater management. 2. Facilitation of the annual oyster survey to collect data on all of our sanctuary oyster reefs. 3. Facilitation of oyster castle shoreline projects on private property. Actual permitting and construction costs are paid by the property owner. 4. Facilitation of restoration projects including living shorelines, oyster reef and oyster castle shorelines, reforestation and water friendly landscaping practices on public properties. 5. Working with the USACE and the City of Virginia Beach to acquire the areas necessary to complete the USACE Lynnhaven Restoration Plan. 6. Seek grant funding, appropriate river bottom, and begin plans for a two acre sanctuary reef in the Western Branch of the Lynnhaven River. 7. Working with the city and consultants on the establishment of the City Trust Fund for wetland impacts. 8. Continuing our marsh island sustainability research and restoration efforts. Funding Requested (see breakdown on attached spreadsheet) Program Area F Grant LRNow Volunteer and Total Program Request Matching Intern Match Cost Funds 34,800 34,900 65,700 General Overhead Expenses 8,000 7,000 25,000 I 42,800 103,449 145,948 Pearl Faith Communities Program 61,549 Pearl Schools Program 55,248 Restoration Projects 89,482 35,400 22,000 146,882 Advocacy 24,400 17,600 ! 14,840 5,000 4 7, 000 68,000 Pearl Business Program 1 43,160 10,000 ANNUAL COST 281,839 203,240 69,000 554,079 (01l fy'l bn Y) (H to C� (DCD.CD 0 C) CD 0l0 0 -.- - q . 0- ; Cl)' (D 0 -CD m cl m a) M . CD 0 0 00 CD � CC 't Wi LO ' (D v_ C! "t 01 — (D It 00 M M 6 o-0:0:0 6 O Oqoq C? O CD CD C) C, CD CD o' C:' '0 8' C, C). CD: C) (D 0:0 0 0 C) 0 CIA CN 0 N N eq tD .0 C, C, C63 0 aHO c-, CS tT O?C) 5 25 0 m co C. (D 0 w: Cd a IL o Cc (01l fy'l bn Y) (H to C� (DCD.CD 0 C) CD 0l0 0 -.- - q . 0- ; Cl)' (D 0 -CD m cl m a) M . CD 0 0 00 CD � CC 't Wi LO ' (D v_ C! 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O p O m m 7: 0 7` ® C. �. �amm:ac�3`L a4 IC a' U .'Om Ch r W� OR DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 /APPLICANT DISCLOSURE Organization name: _Lynnhaven River NOW SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES FN O F SERVICEPROVIDER (use additional sheets if needed) ❑ ❑X Accounting and/or preparer of your tax return Fx Financial Services (include lending/banking institutions and current mortgage holders as ap licable) ❑ ® Legal Services C Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. Karen W. Forget 2/14/2018 11 APPLICANT'S SIGNATURE I PRINT NAME I DATE 11 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $50,000 to the City of Virginia Beach Development Authority for the Purpose of Administering the ViBe Creative District Matching Grant Program MEETING DATE: February 20, 2018 ■ Background: The ViBe Creative District Matching Grant Program is designed to provide financial support to small and locally -owned and operated businesses located within the ViBe Creative District ("District") that fulfill the goals of the District. The program offers financial incentives in the form of matching grants (50:50) to existing property owners or tenants who plan to make capital investments within the District. The grant funding may be used for building improvements, equipment to expand or modernize businesses and fagade improvements. New and existing businesses are eligible to participate in the program as long as they are located within the District. The program budget for Fiscal Year 2017-2018 is $50,000. No more than one grant shall be awarded to each business or property owner per fiscal year. Funding is available on a first-come, first-served basis until funds for the fiscal year are depleted. The minimum request is $1,000 and the maximum request is $15,000. A Grant Review Committee will meet to evaluate and rank applications to determine if a project meets the objectives of the program. The Grant Review Committee will make a recommendation on an award amount to the VBDA. ■ Considerations: City Council appropriated $50,000 to the Office of Cultural Affairs as a part of its FY 2017-2018 Budget. It is proposed to appropriate those funds to the City of Virginia Beach Development Authority for the purpose of that body administering the ViBe Creative District Matching Grant Program. A summary of the proposed grant program is attached to the Ordinance accompanying this item. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachment: Ordinance; Exhibit A Recommended Act' • Approval Submitting pa ent/Agency: Economic Development City Manage s` 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO APPROPRIATE $50,000 TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR THE PURPOSE OF ADMINISTERING THE VIBE CREATIVE DISTRICT MATCHING GRANT PROGRAM NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $50,000 of funds currently appropriated in the Operating Budget of the Office of Cultural Affairs is hereby appropriated to the City of Virginia Beach Development Authority for a grant program that is described in more detail in the attached Exhibit A. Requires an affirmative vote by a majority of all the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. APPROVED AS TO CONTENT: David Bradley Budget and Management Se, ces CA14282 R-1 February 14, 2018 APPROVED AS TO LEGAL SUFFICIENCY: Dana Harnnes'yer City Attorney's Office EXHIBIT A Grant Program Summary Purpose: To provide a financial incentive, in the form of a matching grant, for ViBe District businesses to invest in building improvements, exterior enhancements (such as signage, landscaping, and parking), and equipment/technology. The program is intended to encourage and support economic development and job growth within the ViBe Creative District. Total Funding (FY18): $50,000 Grant Requirements: Grants will be provided on a reimbursement. The grants will provide a maximum 50:50 match. The minimum grant request is $1,000; the maximum grant request is $15,000. Grants to be awarded on a first-come, first-served basis. Administration: The VBDA would create a grant review committee to make grant determinations. This committee would perform a similar function to the City's Community Organization Grant ("COG") Review and Allocation Committee. Once the grant review committee makes its recommendations, the VBDA would have to approve the individual grants. Geographic Limitations: Grant applicants are required to be owners or tenants in the ViBe District. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Approving the 2018 Plan of Financing with the City of Virginia Beach Development Authority not to Exceed $40,000,000, Approving Certain Documents Prepared in Connection with Such Financing and Authorizing the Execution and Delivery of the Same MEETING DATE: February 20. 2018 ■ Background: City Council through the Capital Improvement Program has previously authorized the financing of various public facilities with the utilization of Public Facility Revenue Bonds (PFRB) through the Virginia Beach Development Authority (VBDA). On ten occasions — 2002, 2003, 2005, 2007, 2010, 2012, 2013, 2014, 2015 and 2016 — the VBDA has issued bonds for such projects as the Convention Center, Sandler Center, Town Center Garages, Aquarium Parking, and various other City and Schools capital projects. This request includes only "new -money". Following IRS regulations, the new -money bond proceeds will reimburse previously authorized expenditures for CIP projects. The new -money projects totaling $35,984,365 are listed in Exhibit B of the Draft Ninth Supplemental Support Agreement, an attachment to this Item. This Resolution authorizes principal up to $40,000,000 in the event of unforeseen market conditions. The Preliminary Official Statement was forwarded to the Council in its Friday packet and posted online on February 9, 2018. ■ Considerations: At its meeting on February 20, 2018, the VBDA approved a resolution for the issuance and sale of this debt conditioned upon Council's approval of the attached resolution. As with the previous series, the 2018 series will be issued under the Master Agreement of Trust with a Tenth Supplemental Agreement. Under the plan of financing, a Ninth Supplemental Support Agreement between VBDA and the City will outline the City's annual payments to VBDA in amounts sufficient to pay the debt service on the bonds. The new -money PFRB bonds will be sold electronically, by competitive bid on March 14, 2018, on such terms as are satisfactory to the City Manager, provided that the bonds shall have a true interest cost not to exceed 4.0%. The final terms of the bond sale will be reported to City Council shortly after pricing. ■ Public Information: Public information will be handled through the normal Council agenda process. Additionally, the Resolution authorizes a distribution of the Preliminary Official Statement for marketing purposes, and a Notice of Sale will be placed in The Bond Buyer. ■ Alternatives: This request follows previously approved funding sources in previous Capital Budgets. Because the City will issue this debt on a reimbursement basis, an alternative funding source would be required if the use of PFRB financing is not approved, and there are no alternative funding sources at this time. ■ Recommendation: Adopt the attached resolution ■ Attachments: Resolution; Draft of Tenth Supplemental Trust Agreement; and Draft of Ninth Supplemental Support Agreement with Project List Recommended Action: Approval Submitting De me Agency: Finance Department `' City Manager: RESOLUTION APPROVING A PLAN OF FINANCING WITH THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, APPROVING CERTAIN DOCUMENTS PREPARED IN CONNECTION WITH SUCH FINANCING AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE SAME WHEREAS, the City of Virginia Beach, Virginia (the "City") desires to undertake, in connection with the City of Virginia Beach Development Authority (the "Authority"), the financing from time to time of projects for the acquisition, construction, renewal, upgrade, replacement and other improvements for various public facilities and equipment, including projects for public buildings and structures; public school facilities; public streets and roads and related infrastructure; computer and information technology systems; energy management and heating ventilation and cooling systems; communications systems and related hardware and software; public parks and other recreational facilities; and funding for strategic growth area programs (collectively, the "2018A Projects"); and WHEREAS, the Authority, pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended (the "Act"), under which it is created, is authorized to acquire, improve, maintain, equip, own, lease and dispose of "Authority facilities," as defined in the act, to finance or refinance such facilities, to issue its revenue bonds, notes and other obligations from time to time for such purposes and to pledge all or any part of its assets, whether then owned or thereafter acquired, as security for the payment of the principal of and interest on any such obligations; and WHEREAS, in furtherance of the purposes of the Act, the City requests the Authority's assistance through the issuance of its Public Facility Revenue Bonds, Series 2018A in the maximum principal amount of $40,000,000 (the "Series 2018A Bonds") in financing the 2018A Projects and paying costs of issuing the Series 2018A Bonds; and WHEREAS, the City desires to close the financing for the 2018A Projects on a schedule that necessitates approval by the Authority at its regularly scheduled February meeting which precedes the February meeting of the City Council, and in furtherance of such objective, the Authority at its February 20, 2018 meeting, upon presentation of the City's proposed financing plan by representatives of the City, approved the issuance of the Series 2018A Bonds for such purposes, subject to approval of the financing plan by the City Council of the City (the "City Council"); and WHEREAS, there have been provided or made available to City Council of the City drafts of the following documents (the "Documents"), proposed in connection with the undertaking of the 2018A Projects and the issuance and sale of the Series 2018A Bonds, which Documents were provided to the Authority in connection with the Authority's approval: (a) Tenth Supplemental Agreement of Trust draft dated March 1, 2018 (the "Tenth Supplemental Agreement"), supplementing the Agreement of Trust dated as of September 1, 2003, as previously supplemented, including the form of the Series 2018A Bonds (collectively, the "Trust Agreement"), all between the Authority and U.S. Bank National Association (successor to Wachovia Bank, National Association), as successor trustee (the "Trustee"), pursuant to which the Series 2018A Bonds are to be issued and which is to be acknowledged and consented to by the City; (b) Ninth Supplemental Support Agreement draft dated March 1, 2018, supplementing and amending the Support Agreement dated as of September 1, 2003, as previously supplemented and amended (the "Support Agreement"), all between the Authority and the City pursuant to which the City will make annual payments to the Authority in amounts sufficient to pay the principal of and interest on the Series 2018A Bonds; (c) Preliminary Official Statement draft dated March 7, 2018, of the Authority relating to the public offering of the Series 2018A Bonds (the Preliminary Official Statement"); and (d) Continuing Disclosure Agreement draft dated March 1, 2018, the form of which is appended to the Preliminary Official Statement, pursuant to which the City agrees to undertake certain continuing disclosure obligations with respect to the Series 2018A Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The following plan for financing the 2018A Projects is hereby approved. The Authority will issue the Series 2018A Bonds in a maximum aggregate principal amount not to exceed $40,000,000. The Authority will use the proceeds of the Series 2018A Bonds to finance the costs of the 2018A Projects and, at the election of the City Manager, to pay all or a portion of the costs of issuance of the Series 2018A Bonds. Pursuant to the Support Agreement, the City will make Annual Payments and Additional Payments (as each is defined in the Support Agreement) to the Authority in amounts sufficient to amortize the Series 2018A Bonds and to pay the fees or expenses of the Authority and the Trustee. The obligation of the Authority to pay principal of and premium, if any, and interest on the Series 2018A Bonds will be limited to Annual Payments and Additional Payments received from the City. The Series 2018A Bonds will be secured by an assignment of the Annual Payments and certain Additional Payments due under the Support Agreement, all for the benefit of the holders of the Series 2018A Bonds. The undertaking by the City to make Annual Payments and Additional Payments will be subject to the City Council making annual appropriations in amount sufficient for such purposes. The plan of financing for the 2018A Projects shall contain such additional requirements and provisions as may be approved by the City. 2. The City Council, while recognizing that it is not empowered to make any binding commitment to make appropriations beyond the current fiscal year, hereby states its intent to make annual appropriations in future fiscal years in amounts sufficient to make all payments due under the Support Agreement and hereby recommends that future City Councils do likewise during the term of the Support Agreement. 3. The City Manager is hereby authorized to execute the Documents, which shall be in substantially the forms provided or made available to City Council, which are hereby approved, with such completions, omissions, insertions and changes, including changes to the dates thereof, 2 not inconsistent with this Resolution as may be approved by the City Manager, his execution to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. 4. In making completions to the Support Agreement, the City Manager, in collaboration with the Financial Advisor, shall provide for Annual Payments in amounts equivalent to, and at all times sufficient to make, the payments on the Series 2018A Bonds, which shall be sold to the purchaser or purchasers thereof on terms as shall be satisfactory to the City Manager; subject to the following: (a) The Series 2018A Bonds (i) shall mature not later than December 1, 2038, (ii) have a true or "Canadian" interest cost not exceeding 4.00% (taking into account any original issue discount and premium), (iii) be sold to the purchaser or purchasers thereof at a price not less than par or 100% of the aggregate principal amount thereof and (iv) shall be subject to optional redemption beginning no later than and continuing after December 1, 2028,]at an optional redemption price of no more than 102% of the principal amount to be redeemed plus accrued interest to the optional redemption date; and (b) The City Manager is further authorized to approve the principal amounts, maturity schedules and interest payment dates, including determination of any serial maturities and any term maturities, for the Series 2018A Bonds and, in consultation with the Financial Advisor, to provide for the issuance of the Series 2018A Bonds in one or more series at the same time or at different times as tax-exempt or taxable obligations, with appropriate series designations, as the City Manager determines to be necessary or appropriate and in the best interest of the City. (c) The Series 2018A Bonds shall be sold by competitive bid in one or more series in the principal amount determined by the City Manager, in collaboration with the Financial Advisor, and the City Manager shall receive bids and award the Series 2018A Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the limitations set forth in the paragraphs above. Following the sale of the Series 2018A Bonds, the City Manager shall file a certificate with the City Clerk setting forth the final terms of the Series 2018A Bonds. The actions of the City Manager in approving the terms of the Series 2018A Bonds shall be conclusive, and no further action shall be necessary on the part of the City Council. 5. The Preliminary Official Statement in the form provided or made available to City Council is approved with respect to the information contained therein pertaining to the City. The Preliminary Official Statement in form deemed to be "near final," within the meaning of Rule 15c2-12 of the Securities and Exchange Commission (the "Rule"), with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the City Manager is authorized to be distributed in connection with the marketing and sale of the Series 2018A Bonds. Such distribution shall constitute conclusive evidence that the City has deemed the Preliminary Official Statement to be final as of its date within the meaning of the Rule, with respect to the information therein pertaining to the City. The City Manager is authorized and directed to approve such completions, omissions, insertions and other changes to the Preliminary Official Statement that are necessary to reflect the terms of the sale of the Series 2018A Bonds, within the limitations as set forth in Section 4, and the details thereof and that are appropriate to complete it as an official statement in final form (the "Official Statement") and distribution thereof to the 3 purchaser or purchasers of the Series 2018A Bonds shall constitute conclusive evidence that the City has deemed the Official Statement final as of its date within the meaning of the Rule. 6. The City covenants that it shall not take or omit to take any action the taking or omission of which shall cause the Series 2018A Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code), and regulations thereunder, or otherwise cause interest on the Series 2018A Bonds to be includable in the gross income for Federal income tax purposes of the registered owners thereof under existing law. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the Unites States of America any part of the earnings derived from the investment of the gross proceeds of the Series 2018A Bonds. The City shall pay from its legally available general funds any amount required to be rebated to the United States of America pursuant to the Code. 7. To ensure compliance with federal tax law after the Series 2018A Bonds are issued, the City Manager, Director of Finance and other officers of the City are authorized and directed to apply the Post -Issuance Compliance Policies and Procedures adopted by Council on March 13, 2012 to monitor the use of the proceeds of the Series 2018A Bonds, including the use of the projects financed and refinanced with such proceeds, and to monitor compliance with arbitrage yield restriction and rebate requirements, and to ensure compliance with continuing disclosure requirements of federal securities law with respect to the Series 2018A Bonds, such officers are authorized and directed to apply the continuing disclosure procedures contained in such Compliance Policies and Procedures to such Series 2018A Bonds. 8. The Director of Finance is authorized to direct the City Treasurer to utilize the State Non -Arbitrage Program of the Commonwealth of Virginia ("SNAP") in connection with the investment of the proceeds of the Series 2018A Bonds, if the City Manager and the Director of Finance determine that the utilization of SNAP is in the best interest of the City. The City Council acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the SNAP Contract. 9. Any authorization herein to execute a document shall include authorization to deliver it to the other parties thereto and to record such document where appropriate. 10. All other acts of the City Manager, the Director of Finance and other officers of the City that are in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Series 2018A Bonds, the undertaking of the 2018A Projects are hereby approved and ratified. The City Manager is authorized to prepare, modify or amend such documents and agreements as may be required to evidence the approval of such other actions. 11. The City Manager is authorized and directed to cause a certified copy of this Resolution to be filed with the Authority to evidence the City Council's request for assistance and approval of the plan of financing for the 2018A Projects through the issuance by the Authority of the Series 2018A Bonds. .19 12. This Resolution shall take effect immediately. CERTIFIED TO BE A TRUE COPY OF A RESOLUTION ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ON FEBRUARY 20, 2018. Clerk, City Council of the City of Virginia Beach, Virginia Adopted by the City Council of the City of Virginia Beach, Virginia, this th day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SU NCY: 9 Finance Department Crty Attorney's Office CA14278 R-1 February 8, 2018 2 CERTIFICATE The undersigned Clerk of the City Council of the City of Virginia Beach, Virginia (the "City Council"), certifies that: 1. A meeting of the City Council was held on February 20, 2018, at the time and place established and noticed by the City Council, at which the members of the City Council were present or absent as noted below. The foregoing Resolution was adopted by a majority of the members of the City Council, by a roll call vote, the ayes and nays being recorded in the minutes of the meeting as shown below: William D. Sessoms, Jr., Mayor Louis R. Jones, Vice Mayor Jessica P. Abbott M. Benjamin Davenport Robert M. Dyer Barbara M. Henley Shannon DS Kane John D. Moss John E. Uhrin Rosemary Wilson James L. Wood PRESENT/ABSENT: VOTE: 2. The foregoing Resolution is a true and correct copy of such Resolution as adopted on February 20, 2018. The foregoing Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my signature and the seal of the City of Virginia Beach, Virginia, this day of February, 2018. (SEAL) 4839-5554-9275.1 /A Clerk, City Council of the City of Virginia Beach, Virginia NINTH SUPPLEMENTAL SUPPORT AGREEMENT between CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY and CITY OF VIRGINIA BEACH, VIRGINIA Dated as of March 1, 2018 NOTE: THIS NINTH SUPPLEMENTAL SUPPORT AGREEMENT HAS BEEN ASSIGNED TO, AND IS SUBJECT TO A SECURITY INTEREST IN FAVOR OF, U.S. BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE UNDER AN AGREEMENT OF TRUST DATED AS OF SEPTEMBER 1, 2003, AS PREVIOUSLY SUPPLEMENTED AND AS FURTHER SUPPLEMENTED BY AN TENTH SUPPLEMENTAL AGREEMENT OF TRUST DATED AS OF MARCH 1, 2018, WITH THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, AS AMENDED OR SUPPLEMENTED FROM TIME TO TIME. INFORMATION CONCERNING SUCH SECURITY INTEREST MAY BE OBTAINED FROM THE TRUSTEE AT RICHMOND, VIRGINIA. TABLE OF CONTENTS Parties................................................................................................................................................. l Recitals...............................................................................................................................................1 GrantingClauses................................................................................................................................I ARTICLE I DEFINITIONS AND RULES OF CONSTRUCTION Section1.1 Definitions............................................................................................................... 2 Section 1.2 Rules of Construction............................................................................................. 3 ARTICLE II REPRESENTATIONS Section 2.1 Representations by Authority................................................................................. 4 Section 2.2 Representations by City.......................................................................................... 4 ARTICLE III AGREEMENT TO ISSUE BONDS Section 3.1 Agreement to Issue Series 2018A Bonds................................................................ 5 ARTICLE IV PAYMENT OBLIGATIONS; MASTER SUPPORT AGREEMENT AMENDMENTS Section4.1 Amounts Payable.................................................................._................................. 5 ARTICLE V PREPAYMENT AND REDEMPTION Section 5.1 Prepayment and Redemption.................................................................................. 6 ARTICLE VI SERIES 2018A ARBITRAGE REBATE FUND Section 6.1 Series 2018A Arbitrage Rebate Fund..................................................................... 7 Section 6.2 Rebate Requirements.............................................................................................. 7 Section 6.3 Calculation and Report of Rebate Amount............................................................. 7 Section 6.4 Payment of Rebate Amount.................................................................................... 7 Section6.5 Reports by Trustee.................................................................................................. 8 Section 6.6 Disposition of Balance in Series 2018A Arbitrage Rebate Fund ........................... 8 ARTICLE VII MISCELLANEOUS Section 7.1 Private Activity Covenants ..................................................................................... 8 Section 7.2 Post -Issuance Compliance...................................................................................... 9 Section7.3 Severability..............................................................................................................9 Section 7.4 Successors and Assigns........................................................................................... 9 Section7.5 Counterparts............................................................................................................ 9 Section7.6 Governing Law....................................................................................................... 9 Signatures 10 Receipt 11 Exhibit A — Schedule of Payments Exhibit B — Description of Series 2018A Projects Exhibit C — Administrative Fee Schedule ii A-1 B-1 C-1 THIS NINTH SUPPLEMENTAL SUPPORT AGREEMENT dated as of March 1, 2018, by and between the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia (the "Authority"), and the CITY OF VIRGINIA BEACH, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "City"), provides: WITNESSETH: WHEREAS, the Authority is a political subdivision of the Commonwealth of Virginia duly created by Chapter 643 of the Virginia Acts of Assembly of 1694, as amended (the "Act"); and WHEREAS, the Act authorizes the Authority to acquire, improve, maintain, equip, own, lease and dispose of "Authority facilities," as defined in the Act, to finance or refinance and lease facilities for use by, among others, a city, to issue its revenue bonds, notes and other obligations from time to time for such purposes and to pledge all or any part of its assets, whether then owned or thereafter acquired, as security for the payment of the principal of and interest on any such obligations; and WHEREAS, the City desires to undertake a program of financing or refinancing the acquisition, construction and equipping of various public facilities that the City determines to undertake from time to time; and WHEREAS, in furtherance of the purposes of the Act, the City has requested the Authority to undertake one or more series of Projects (as defined in the Support Agreement, as hereinafter defined), and the Authority has determined to issue from time to time its public facility revenue bonds and to loan the proceeds thereof to the City to finance or refinance costs incurred in connection with such Projects and costs of issuing such bonds pursuant to the terms of an Agreement of Trust dated as of September 1, 2003 (the "Master Agreement of Trust"), between the Authority and U.S. Bank National Association (successor to Wachovia Bank, National Association), Richmond, Virginia, as successor trustee (the "Trustee"), as supplemented in connection with previously issued Prior Public Facility Revenue Bonds (herein defined), and as further supplemented in connection with the Series 2018A Bonds (herein defined) by a Tenth Supplemental Agreement of Trust dated as of March 1, 2018, all between the Authority and the Trustee (collectively, the "Agreement of Trust"); and WHEREAS, in furtherance of the purposes of the Act, Authority has agreed to loan from time to time proceeds of such bonds to the City, and the City has agreed to repay such loans, subject to appropriation by the City council of sufficient moneys for such purpose pursuant to a support agreement between the City and the Authority dated as of September 1, 2003 (the "Master Support Agreement"), as previously supplemented and amended in connection with each prior series of public facility revenue bonds; and WHEREAS, within the limitations and in compliance with the Agreement of Trust, the City has requested the Authority to issue a series of Public Facility Revenue Bonds in the aggregate principal amount of $ and to loan such proceeds to the City pursuant to the terms of this Ninth Supplemental Support Agreement to finance the cost of the Series 2018A Projects (as such term is hereinafter defined) to assist the City in financing various public facilities; and WHEREAS, all acts, conditions and things required by law to happen, exist and be performed precedent to and in connection with the execution of and entering into this Ninth Supplemental Support Agreement have happened, exist and have been performed in regular and due time and in form and manner as required by law, and the parties hereto are now duly empowered to execute and enter into this Ninth Supplemental Support Agreement; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained and other valuable consideration, the parties hereto covenant and agree as follows: ARTICLE I DEFINITIONS AND RULES OF CONSTRUCTION Section 1.1 Definitions. Unless otherwise defined in this Ninth Supplemental Support Agreement, all words used herein shall have the meanings assigned to such terms in the Agreement of Trust or the Master Support Agreement. The following words as used in this Ninth Supplemental Support Agreement shall have the following meanings unless a different meaning clearly appears from the context: "Agreement of Trust" shall mean the Agreement of Trust dated as of September 1, 2003, as previously supplemented, and as further supplemented with respect to the Series 2018A Bonds by the Ninth Supplemental Agreement of Trust. "Basic Agreements" shall mean the Agreement of Trust and the Support Agreement. "Ninth Supplemental Support Agreement" shall mean this Ninth Supplemental Support Agreement dated as of March 1, 2018, between the Authority and the City, which supplements the Master Support Agreement. "Master Support Agreement" shall mean the Support Agreement dated as of September 1, 2003, between the Authority and the City. "Tenth Supplemental Agreement of Trust" shall mean the Tenth Supplemental Agreement of Trust dated as of March 1, 2018, between the Authority and the Trustee, which supplements the Agreement of Trust. "Prior Public Facility Revenue Bonds" means the previously issued and outstanding public facility revenue bonds shown in Exhibit A. 2 "Series 2018A Bonds" shall mean the Authority's $ Public Facility Revenue Bonds, Series 2018A authorized to be issued pursuant to the Tenth Supplemental Agreement of Trust. "Series 2018A Projects" shall mean the financing of the acquisition, construction and equipping of all or a portion of the projects as set forth on Exhibit B. "Series 2018A Arbitrage Rebate Fund" shall mean the fund established in section 6.1 "Support Agreement" shall mean the Master Support Agreement, as previously supplemented and amended, and as supplemented and amended by this Ninth Supplemental Support Agreement. Section 1.2 Rules of Construction. The following rules shall apply to the construction of this Ninth Supplemental Support Agreement unless the context otherwise requires: (a) Words importing the singular number shall include the plural number and vice versa. (b) Words importing the redemption or calling for redemption of Bonds shall not be deemed to refer to or connote the payment of Bonds at their stated maturity. (c) Unless otherwise indicated, all references herein to particular Articles or Sections are references to Articles or Sections of this Ninth Supplemental Support Agreement. (d) The headings herein and Table of Contents to this Ninth Supplemental Support Agreement herein are solely for convenience of reference and shall not constitute a part of this Ninth Supplemental Support Agreement nor shall they affect its meaning, construction or effect. (e) All references herein to payment of Bonds are references to payment of principal of and premium, if any, and interest on the Bonds. 3 ARTICLE II REPRESENTATIONS Section 2.1 Representations by Authority. The Authority makes the following representations: (a) The Authority is a political subdivision of the Commonwealth of Virginia duly created under the Act; (b) Pursuant to the Act, the Authority has full power and authority to enter into the Basic Agreements and to perform the transactions contemplated thereby and to carry out its obligations thereunder and by proper action has duly authorized, executed and delivered the Basic Agreements. (c) The execution, delivery and compliance by the Authority with the terms and conditions of the Basic Agreements will not conflict with or constitute or result in a default under or violation of, (1) any existing law, rule or regulation applicable to the Authority, or (2) any trust agreement, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other agreement, instrument or other restriction of any kind to which the Authority or any of its assets is subject; (d) No further approval, consent or withholding of objection on the part of any regulatory body or any official, Federal state or local, is required in connection with the execution or delivery of or compliance by the Authority with the terms and conditions of the Basic Agreements, except that no representation is made as to the applicability of any Federal or state securities laws; and (e) There is no litigation at law or in equity or any proceeding before any governmental agency involving the Authority pending or, the knowledge of the Authority, threatened with respect to (1) the creation and existence of the Authority, (2) its authority to execute and deliver the Basic Agreements, (3) the validity or enforceability of the Basic Agreements, or the Authority's performance of its obligations thereunder, (4) the title of any officer of the Authority executing the Basic Agreements, or (5) the ability of the Authority to issue and sell its bonds. Section 2.2 Representations by City. The City makes the following representations: (a) The City is a political subdivision of the Commonwealth of Virginia; (b) The City has full power and authority to enter into the Basic Agreements to which it is a party and to perform the transactions contemplated thereby and to carry out its obligations thereunder and by proper action has duly authorized, executed and delivered the Basic Agreements; 4 (c) The City is not in default in the payment of the principal of or interest on any of its indebtedness for borrowed money and is not in default under any instrument under or subject to which any indebtedness for borrowed money has been incurred, and no event has occurred and is continuing that with the lapse of time or the giving of notice, or both, would constitute or result in an event of default thereunder; (d) The City is not in default under or in violation of, and the execution, delivery and compliance by the City with the terms and conditions of the Basic Agreements to which it is a party will not conflict with or constitute or result in a default under or violation of, (1) any existing law, rule or regulation applicable to the City or (2) any trust agreement, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other agreement, instrument or restriction of any kind to which the City or any of its assets is subject, and no event has occurred and is continuing that with the lapse of time or the giving of notice, or both, would constitute or result in such a default or violation; (e) No further approval, consent or withholding of objection on the part of any regulatory body or any official, Federal, state or local, is required in connection with the execution or delivery of or compliance by the City with the terms and conditions of the Basic Agreements to which it is a party; and (f) There is no litigation at law or in equity or any proceeding before any governmental agency involving the City pending or, to the knowledge of the City, threatened with respect to (1) the authority of the City to execute and deliver the Basic Agreements to which it is a party, (2) the validity or enforceability of the Basic Agreements or the City's performance Agreements, or (3) the ability of the City to undertake the Series 2018A Projects. ARTICLE III AGREEMENT TO ISSUE BONDS Section 3.1 Agreement to Issue Series 2018A Bonds. The Authority shall contemporaneously with the execution and delivery hereof proceed with the issuance and sale of the Series 2018A Bonds bearing interest, maturing and having the other terms and provisions set forth in the Agreement of Trust. ARTICLE IV PAYMENT OBLIGATIONS; MASTER SUPPORT AGREEMENT AMENDMENTS Section 4.1 Amounts Payable. The Master Support Agreement is hereby amended to replace in its entirety the Exhibit A attached thereto with the new Exhibit A attached hereto. Pursuant to Article IV of the Master Support Agreement and subject specifically to the limitation of Section 4.4 thereof, the City shall F pay to the Authority or its assignee the Annual Payments specified in Exhibit A attached hereto. The Annual Payments shall be payable without notice or demand at the designated corporate trust office of the Trustee, and shall be paid on or before the applicable payment due dates for the Prior Public Facility Revenue Bonds and the Series 2018A Bonds. Pursuant to the First Amendment to 2002 Support Agreement dated as of May 1, 2010 between the Authority and the City, the parties agreed to fix the Authority's administrative fee payable by the City for all existing public facility revenue bonds and any public facility revenue bonds to be issued in the future in accordance with the fee schedule attached to such agreement (the "Former Fee Schedule"). Pursuant to the Seventh Supplemental Support Agreement dated as of June 1, 2015, entered into in connection with the Authority's Public Facility Revenue Bonds, Series 2015 (the "Series 2015 Bonds") issued at the request of the City, the Authority and the City have agreed upon a new administrative fee schedule for such public facility revenue bonds which is attached as Exhibit C. The fee schedule in Exhibit C became effective as of June 25, 2015, the date of issuance of the Series 2015 Bonds, and applies to all previously issued and outstanding public facility revenue bonds, the Series 2015 Bonds and any public facility revenue bonds to be issued in the future, including the Series 2018A Bonds. All prior support agreements between the Authority and the City were amended by replacing the Former Fee Schedule with the schedule in Exhibit C, such amendments becoming effective on the date of issuance of the Series 2015 Bonds. ARTICLE V PREPAYMENT AND REDEMPTION Section 5.1 Prepayment and Redemption. The City, on behalf of the Authority, shall have the option to prepay an Annual Payment at the times and in the amounts as necessary to exercise its option to cause any Series 2018A Bonds subject to optional redemption to be redeemed as set forth in such Series 2018A Bonds. Such prepayments of Annual Payments shall be made at the times and in the amounts as necessary to accomplish the optional redemption of such Series 2018A Bonds in accordance with the terms thereof. Upon the exercise of such option, the City shall also pay as Additional Payments, the amounts necessary to pay the premium, if any, due on such Series 2018A Bonds on the date or dates of their redemption. The City, on behalf of the Authority, shall give the Trustee notice of any redemption of such Series 2018A Bonds at least 15 days prior to the latest date that notice of redemption may be given pursuant to Section 402 of the Master Agreement of Trust. Such notice to the Trustee shall specify the redemption date, the principal amount of Series 2018A Bonds to be redeemed, the premium, if any, and the section of the Agreement of Trust pursuant to which such redemption is to be made. z ARTICLE VI SERIES 2018A ARBITRAGE REBATE FUND Section 6.1 Series 2018A Arbitrage Rebate Fund. There is hereby established the City of Virginia Beach, Virginia, Series 2018A Public Facility Revenue Bond Arbitrage Rebate Fund (the "Series 2018A Arbitrage Rebate Fund") to be held by or on behalf of the City. Subject to the limitation in Section 4.4 of the Master Support Agreement, the City shall deposit moneys in the Series 2018A Arbitrage Rebate Fund from time to time for payment of the rebate obligations under the Code (the "Rebate Amount"). The City may establish separate accounts in the Series 2018A Arbitrage Rebate Fund for such payments. Section 6.2 Rebate Requirements. Except with respect to earnings on funds and accounts qualifying for any exceptions to the rebate requirement of Section 148 of the Code, the City shall pay, but solely from amounts in the Series 2018A Arbitrage Rebate Fund, the Rebate amount to the United States of America, as and when due, in accordance with Section 148(f) of the code, as provided in this Article, and shall retain records of all such determinations until four years after payment of the Series 2018A Bonds. Section 6.3 Calculation and Report of Rebate Amount. (a) The City selects April 1 as the end of the bond year with respect to the Series 2018A Bonds pursuant to Treasury Regulation Section 1.148-1. (b) Within 30 days after the initial installment computation date which is the last day of the fifth bond year, unless such date is changed by the City prior to the date that any amount with respect to the Series 2018A Bonds is paid or required to be paid to the United States of America as required by Section 148 of the Code, and at least once every five years thereafter, the City shall cause the Rebate Amount to be computed and shall deliver a copy of such computation (the "Rebate Amount Certificate") to the Authority and the Trustee. Prior to any payment of the Rebate Amount to the United States of America as required by Section 148 of the Code, a Rebate Amount Certificate setting forth such Rebate Amount shall be prepared or approved by (1) a person with experience in matters of governmental accounting for Federal income tax purposes or (2) a bona fide arbitrage rebate calculation reporting service. Section 6.4 Payment of Rebate Amount. Not later than 60 days after the initial installment computation date, the City shall pay solely from amounts in the Series 2018A Arbitrage Rebate Fund to the United States of America at least 90% of the Rebate Amount as set forth in the Rebate Amount Certificate prepared with respect to such installment computation date. At least once on or before 60 days after the installment computation date that is the fifth anniversary of the initial installment computation date or on or before 60 days after every fifth anniversary date thereafter until final payment of the Series 2018A Bonds, the City shall pay to the United States of America not less than the 7 amount, if any, by which 90% of the Rebate Amount set forth in the most recent Rebate Amount Certificate exceeds the aggregate of all such payments theretofore made to the United States of America pursuant to this Section. On or before 60 days after final payment of the Series 2018A Bonds, the City shall pay to the United States of America the amount, if any, by which 100% of the Rebate Amount set forth in the Rebate Amount Certificate with respect to the date of final payment of the Series 2018A Bonds exceeds the aggregate of all payments theretofore made pursuant to this Section. All such payments shall be made solely from amounts in the Series 2018A Arbitrage Rebate Fund. Notwithstanding any provision of the Support Agreement to the contrary, no such payment shall be made if the City receives and delivers to the Trustee and the Authority an opinion of Bond Counsel to the effect that (a) such payment is not required under the Code in order to prevent the Series 2018A Bonds from becoming "arbitrage bonds" within the meaning of Section 148 of the Code or (b) such payment should be calculated and paid on some alternative basis under the code, and the City complies with such alternative basis. The Authority covenants that, if so requested by the City, it shall execute any form required to be signed by an issuer of tax-exempt bonds in connection with the payment of any Rebate amount (including Internal Revenue Service Form 8038-T) based on information supplied to the Authority by the City. The City shall supply all information required to be stated on such form and shall prepare such form. Except for the execution and delivery of such form upon timely presentation by the City, the Authority shall have no responsibility for such form or the information stated thereon. Section 6.5 Reports by Trustee. The Trustee shall provide the City within 10 days after each April 1 and within 10 days after the final payment of the Series 2018A Bonds with such reports and information with respect to earnings of amounts held under the Agreement of Trust as may be requested by the City in order to comply with the provisions of this Article. Section 6.6 Disposition of Balance in Series 2018A Arbitrage Rebate Fund. After each payment required in Section 6.4 is made and any additional amount necessary to pay the full rebate obligation is retained, the remaining amount in the Series 2018A Arbitrage Rebate Fund shall be retained by the City and used for any lawful purpose. ARTICLE VII MISCELLANEOUS Section 7.1 Private Activity Covenants. The City covenants not to permit the proceeds of the Series 2018A Bonds to be used in any manner that would result in (a) 5% or more of such proceeds or the facilities financed with such proceeds being used in a trade or business carried on by any person other than a K governmental unit, as provided in Section 141(b) of the Code, (b) 5% or more of such proceeds being used with respect to any "output facility" (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any persons other than a governmental unit, as provided in Section 141(c) of the Code; provided, however, that if the City receives an opinion of Bond Counsel that any such covenants need not be complied with to prevent the interest on the Series 2018A Bonds from being includable in the gross income for Federal income tax purposes under existing law, the City need not comply with such covenants. Section 7.2 Post -Issuance Compliance. After the Series 2018A Bonds are issued, the City covenants to monitor the use of the proceeds of such bonds, and the projects financed or refinanced with such bonds, and requirements related to arbitrage yield restriction and rebate with respect to such bonds under the City's Post -Issuance Compliance Policy and Procedures (the "Policy") for tax -advantaged governmental purpose bonds adopted by resolution of the City Council on March 13, 2012. In any instance of noncompliance detected through application of the Policy, the City covenants to take corrective action in accordance with the Policy, and to notify the Authority of the matter and corrective action taken or to be taken. The Authority agrees to cooperate with the City in any instance where action of the Authority may be required in connection with the City's corrective action. Section 7.3 Severability. If any provision of this Ninth Supplemental Support Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof. Section 7.4 Successors and Assigns. This Ninth Supplemental Support Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Section 7.5 Counterparts. This Ninth Supplemental Support Agreement may be executed in any number of counterparts, each of which shall be an original, all of which together shall constitute but one and the same instrument. Section 7.6 Governing Law. This Ninth Supplemental Support Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. [REMAINDER OF PAGE INTENIONALLY LEFT BLANK] E IN WITNESS WHEREOF, the parties have caused this Ninth Supplemental Support Agreement to be duly executed by their duly authorized representatives as of the date first above written. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Chairman CITY OF VIRGINIA BEACH, VIRGINIA Seen and agreed to: U.S. BANK NATIONAL ASSOCIATION, As Trustee 0 Title: 10 City Manager RECEIPT Receipt of the foregoing original counterpart of the Ninth Supplemental Support Agreement dated as of March 1, 2018, between the City of Virginia Beach Development Authority and the City of Virginia Beach, Virginia, is hereby acknowledged. U.S. BANK, NATIONAL ASSOCIATION, as Trustee Title: 11 i Q x C I t C C G 'C C z C N N Nu ^^^ O O u N — N N N fJ N N N N N N O O ✓, r'1 !'J N ut O .v^r _ ,G rr. � :c n ✓; ✓; n - x x r1 - r� K M a K. ✓, -- .:; x x 7 4 M Nr, ♦V .K..� r1 7 �1 `7 x a 7 x�t n r I N f J a `7 N Vl V, "f x x C-- f- r- V•i rr, V. Y v, rl N r! '� J h Q' M �^. ✓, M Vl v, ✓J x ✓, ✓1 rJ N r- -7 — x •' rl O N N v �G — or M, n ^f K; x -# x M t' m a Ki x K: ,n ?`• rl x t : x M x ,n rl .•. n ,n .� (A — — aE �l rl oc ^=aaaarl.cNN _ C --N •--• Ki X: -- n a .G a n n n n oC x a a N n rl N rj Z Z v .0 Z -t rl rl - rl - - - - "f M con n p n L, N K, ^f x v; r ✓ x r c rJ - - - -- z- r, r C 'C u d i y �'-• N "t r- a "7 n n n x x r. r. a r! rd N x _ Z Z ✓ C , oll u ti - '� d a R v �'f, n ✓vl ✓� vi V, ^ .r, ✓, ✓, ✓-, rl r, ran rl n NV,z l ,r, nn ^^cNnNn v. �, a u rl ,r; - K; .^ -r JY �.. ,-• - x .o M - O O � n ry x x �c N �. i; Z 7 ?� x n n ✓, v', 7 7 M M N NI -- N C •01 x �. L, .Y 7 ri N i ^ Nfi r M M, N rJ N N rJ N N N rl NNN�1rJa a aaacaaaaaa rJ rl rJ _ N N rl N N N N N N rl `J• 'J+ ^ ,r, � n n V]C .--ViC -- �G n ,r, — x �Y J ,n vi ,n ,r, ,� +r C vi ^� ✓i ori ,�, ✓, ,r, ". v Z x .., -- a -- .'.: N .fi a ✓, x ^tax 'x x x Y. a `C rJ n Y_- rJ N N rJ r_! - r f l rl N N rl N N N fJ N N N ri f l f l rJ rl r7 rl rJ r] i Q EXHIBIT B DESCRIPTION OF SERIES 2018 PROJECTS The following sets forth brief descriptions of the City projects to be financed in whole or in part with public facility revenue bonds ("PFRB") of the Authority, and the amount of each project to be financed with proceeds of the Public Facility Revenue Bonds, Series 2018A: Projects to be Financed with Public Facility Revenue Bonds Project/ Project Name/Fiscal Total Total PFRB Series Fund Year City Council Description Programmed Planned 2018A Number Approved Project Cost Financing Bonds 1-035 John B. Dey This project is for the modernization of John $25,989,241 $16,402,241 $7,674,606 Elementary School B. Dey Elementary School (originally built in Modernization 1956) to extend the useful life of the facility by 40-to50 years. FY 2004-05 1-043 Thoroughgood This project is for the replacement of $28,270,000 $3,597,759 $1,707,693 Elementary School Thoroughgood Elementary School (originally Replacement built in 1958). FY 2004-05 1-056 Princess Anne This project is for the replacement of Princess $78,873,759 $13,000,000 $4,168,171 Middle School Anne Middle School (originally built in Replacement 1974). FY 2005-06 1-110 Energy Performance This project will use energy performance $30,000,000 $10,000,000 $9,837,637 Contracts II contracts to replace outdated lighting and HVAC systems as a measure to reduce energy FY 2016-17 costs while improving the learning environment. The savings associated from the reduced energy costs are expected to exceed any debt service costs. The savings are guaranteed by the contractor, who is required to acquire a performance bond. If the savings do not materialize, the shortfall is paid to the school division. 2-045 Pacific Avenue This project provides for the improvements to $17,330,000 $17,330,000 $2,457,105 Improvements Pacific Avenue between 171 Street and 22nd street within the existing right-of-way, to FY 2013-14 include undergrounding of existing overhead utilities and public utility upgrades. In addition, new LED street lighting and traffic light signal mast arms will be installed. Project/ Project Name/Fiscal Total Total PFRB Series Fund Year City Council Description Programmed Planned 2018A Number Approved Project Cost Financing Bonds 2-401 Greenwich Road This project is part of the overall eastbound $16,760,000 $1,408,305 $1,408,305 Crossover/Cleveland VDOT 1-264 interstate improvement projects Street Improvements between 1-64 and the Witchduck Road interchange. It involves relocating Greenwich FY 2010-11 Road over 1-264 and connecting it into the Cleveland Street/Clearfield Avenue intersection. This project represents the City's share of the VDOT project and the required City improvements to the Cleveland Street and Cleveland Street/Clearfield Avenue Intersection. Improvements to Cleveland Street include: replacement of water main and sanitary sewer, pipe culverts and parking lots, and construction of a four -lane undivided roadway with a 5' sidewalk and 10' multi- purpose trail from Clearfield Avenue intersection to Witchduck Road intersection. Also include in this project is the design and construction for the bridge aesthetic and plaza as part of the VDOT project for the Greenwich Road Crossover. 3-019 Adam Thoroughgood This project will expand the Adam $2,244,826 $1,981,657 $1,259,744 House Visitor Center Thoroughgood House site with the Construction construction of a 3,000 square foot building that will include ADA compliant public rest FY 2013-14 rooms, a small gift shop, a video viewing area for mobility impaired patrons, an office for staff, collections storage, and an exhibit/education space. 3-028 Aquarium Marsh This project will enhance the Aquarium Marsh $13,622,933 $850,000 $442,339 Pavilion Pavilion and include the creation of children Enhancements exhibit play areas, an Animal Conservation/Veterinary Care Exhibit, a more FY 2013-14 welcoming entrance, easier and more interesting travel between buildings, landscape enhancements, visitor amenities such as a small cafe, refurbishment of the Pavilion's gift store, support areas & theater. 3-140 Energy Performance This project provides funding for energy $7,683,915 $7,683,915 $350,000 Contracts (City) performance contracts in City facilities. The project will enable the City to implement FY 2008-09 system upgrades and improvements, which provide energy consumption savings. The upgrades include direct digital control systems for heating, ventilation and air conditioning systems, variable speed drives for large electric motors, and other energy saving equipment. mm Project/ Project Name/Fiscal Total Total PFRB Series Fund Year City Council Description Programmed Planned 2018A Number Approved Project Cost Financing Bonds 3-200 CIT-Revenue This project provides a comprehensive and $11,924,799 $2,446,720 $576,934 Assessment and coordinated computer replacement program Collection System supporting tax revenue assessment and collection. FY 2002-03 3-344 Police Fourth This project provides a 17,000 square foot $8,932,206 $4,334,156 $148,768 Precinct — replacement facility for the existing 6,017 Replacement square foot facility at its current location, 840 Kempsville Road to include required parking FY 2008-09 and storage facilities. 9-091 Burton Station Road This project provides funding for design and $10,140,465 $8,500,000 $1,606,187 Improvements — construction of a new street with utilities, Phase III lighting, landscaping, sidewalks and drainage within an existing neighborhood where public FY 2011-12 sanitary sewer and water service and drainage are currently not available. The alignment will provide an area for commercial and residential development. 9-100 19th Street This project provides for streetscape $14,926,700 $14,926,700 $780,411 Infrastructure improvements including wider sidewalks, Improvements street trees and under grounding of overhead utilities; a new street section; and associated FY 2015-16 storm water and traffic improvements. The project is approximately four blocks and extends from Parks Avenue to Arctic Avenue. 9-108 291 Street This project provides funding for $2,504,771 $2,504,771 $428,273 Improvements improvements to 2911 St. in the Resort Area as a continuation of the Laskin Road Gateway FY 2013-14 Project. The project area is 291 St. from Artic to Pacific Ave. and includes streetscape improvements including wide sidewalks and street trees, a new street with improved drainage, and undergrounding of overhead utilities. Fund Town Center —Phase Funds public infrastructure for Phase VI of $3,138,192 $3,138,192 $3,138,192 169 VI Town Center mixed-use development: purchase of the public plaza (11,000 square May 17, 2016 feet), and costs to elevate the Zeiders American Dream Theater (17,000 square-feet, 300 seats). TOTAL $272,341,807 $108,104,416 $35,984,365 EXHIBIT C CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY PUBLIC FACILITY REVENUE BOND ADMINISTRATIVE FEE SCHEDULE Due Date Administration Fee 12/1/15 $35,000.00 12/1/16 $35,000.00 12/1/17 $34,205.00 12/1/18 $29,222.50 12/1/19 $23,970.00 12/1/20 $18,430.00 12/1/21 $12,597.50 12/1/22 $6,455.00 12/1/23 $0.00 The administrative fee schedule set forth above effective as of June 25, 2015 supersedes all prior payment arrangements for the payment of administrative fees by the City of Virginia Beach to the Virginia Beach Development Authority in connection with the issuance of public facility revenue bonds by the Authority for the benefit of the City. The administrative fee schedule applies to all currently outstanding public facility revenue bonds and all public facility revenue bonds to be issued in the future. 4834-9300-3355.1 C-1 TENTH SUPPLEMENTAL AGREEMENT OF TRUST Between CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY And U.S. BANK NATIONAL ASSOCIATION, as successor Trustee Dated as of March 1, 2018 Parties Recitals Granting Clause TABLE OF CONTENTS ARTICLE I TENTH SUPPLEMENTALAGREEMENT Section 1-101. Authorization of Tenth SupplementalAgreement............................................2 Section1-102. Definitions.......................................................................................................2 Section 1-103. Rules of Construction.....................................................................................3 ARTICLE II AUTHORIZATION, DETAILS AND FORM OF SERIES 2018A BONDS 1 1 1 Section 2-201. Authorization of Series 2018A Bonds................................................................3 Section 2-202. Details of Series 2018A Bonds..........................................................................3 Section 2-203. Form of Series 2018A Bonds.............................................................................5 Section 2-204. Securities Depository Provisions.......................................................................5 Section 2-205. Delivery of Series 2018A Bonds.......................................................................6 ARTICLE III REDEMPTION OF SERIES 2018A BONDS Section 3-301. Redemption Date and Price...............................................................................6 Section 3-302. Selection of Series 2018A Bonds for Redemption............................................6 Section 3-303. Notice of Redemption........................................................................................7 ARTICLE IV APPLICATION OF PROCEEDS OF SERIES 2018A BONDS Section 4-401. Application of Proceeds of Series 2018A Bonds...............................................8 ARTICLE V ESTABLISHMENT OF ACCOUNT Section 5-501. Series 2018A Project Account...........................................................................8 1 Section 5-502. Costs of Issuance Account.................................................................................8 ARTICLE VI SECURITY FOR SERIES 2018A BONDS Section 6-601. Security for Series 2018A Bonds.......................................................................9 ARTICLE VII MISCELLANEOUS Section 7-701. Limited on Use of Proceeds...............................................................................9 Section 7-702. Limitation of Right............................................................................................9 Section7-703. Severability........................................................................................................9 Section 7-704. Successors and Assigns......................................................................................9 Section 7-705. Applicable Law................................................................................................10 Section7-707. Counterparts.....................................................................................................10 Exhibit A — Form of Series 2018A Bond Exhibit B — Outstanding Public Facility Revenue Bonds 11 A-1 This TENTH SUPPLEMENTAL AGREEMENT OF TRUST dated as of March 1, 2018, by and between the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia (the "Authority"), and U.S. BANK NATIONAL ASSOCIATION (as successor to Wachovia Bank, National Association), a national banking association, having a corporate trust office in Richmond, Virginia, as trustee in such capacity, together with any successor in such capacity, herein called the "Trustee"), provides: WHEREAS, the Authority is a political subdivision of the Commonwealth of Virginia duly created by Chapter 643 of the Virginia Acts of Assembly of 1964, as amended (the "Act"); and WHEREAS, the Authority and the Trustee have entered into an Agreement of Trust dated as of September 1, 2003 (the "Master Agreement of Trust"), pursuant to which the Authority has agreed to issue from time to time, and has issued under supplemental agreements of trust public facility revenue bonds or notes to finance or refinance the costs incurred in connection with certain Projects (as hereinafter defined) for the benefit of the City of Virginia Beach, Virginia (the "City); and WHEREAS, within the limitations of and in compliance with the Master Agreement of Trust, the City has requested the Authority to issue public facility revenue bonds to finance the costs of the Series 2018A Projects (as hereinafter defined); and WHEREAS, the Authority has agreed to issue its Public Facility Revenue Bonds, Series 2018A in the aggregate principal amount of $ , with such Series 2018A Bonds being secured by a pledge of the revenues and receipts derived from a Support Agreement dated as of September 1, 2003, as supplemented and amended in connection with the issuance of each series of Prior Public Facility Revenue Bonds by supplemental support agreements, and with respect to the Series 2018A Bonds by an Ninth Supplemental Support Agreement dated as of March 1, 2018 (collectively, the "Support Agreement"), between the Authority and the City, and the City has agreed, subject to the annual appropriation by the Council of the City, to make annual payments that will be sufficient to pay the principal of and premium, if any, and interest on such public facility revenue bonds as the same shall become due; and WHEREAS, the Authority has taken all necessary action to make the Series 2018A Bonds, when authenticated by the Trustee and issued by the Authority, valid and binding limited obligations of the Authority and to constitute this Tenth Supplemental Agreement of Trust (the "Tenth Supplemental Agreement") a valid and binding agreement authorizing and providing for the details of the Series 2018A Bonds; NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter contained, the parties hereto agree as follows: ARTICLE I TENTH SUPPLEMENTALAGREEMENT Section 1-101. Authorization of Tenth Supplemental Agreement. This Tenth Supplemental Agreement is authorized and executed by the Authority and delivered to the Trustee pursuant to and in accordance with Articles III and X of the Master Agreement of Trust. All terms, covenants, conditions and agreements of the Master Agreement of Trust shall apply with full force and effect to the Series 2018A Bonds and to the holder thereof, except as otherwise provided in this Tenth Supplemental Agreement. Section 1-102. Definitions. Except as otherwise defined in this Tenth Supplemental Agreement, words defined in the Master Agreement of Trust are used in this Tenth Supplemental Agreement with the meanings assigned to them in the Master Agreement of Trust. In addition, the following words shall have the following meanings unless a different meaning clearly appears from the context: "Ninth Supplemental Support Agreement" shall mean the Ninth Supplemental Support Agreement dated as of March 1, 2018 between the City and the Authority. "Letter of Representations" shall mean the Blanket Letter of Representations dated July 11, 1997, from the Authority to the Securities Depository and any amendments thereto or successor agreements between the Authority and any successor Securities Depository with respect to the Series 2018A Bonds. Notwithstanding any provision of the Master Agreement of Trust, including Article X regarding amendments, the Trustee may enter into any such amendment or successor agreement without the consent of Bondholders. "Tenth Supplemental Agreement" shall mean this Tenth Supplemental Agreement of Trust between the Authority and the Trustee, which supplements and amends the Master Agreement of Trust. "Prior Public Facility Revenue Bonds" shall mean the currently outstanding public facility revenue bonds previously issued pursuant to the Master Indenture and certain supplements thereto described in Exhibit B. "Project" or "Projects" shall have the meaning set forth in the Support Agreement. "Securities Depository" shall mean The Depository Trust Company, a corporation organized and existing under the laws of the State of New York, and any other securities depository for the Series 2018A Bonds appointed pursuant to Section 2-204, and their successors. "Series 2018A Bonds" shall mean the Authority's $ Public Facility Revenue Bonds, Series 2018A authorized to be issued pursuant to this Tenth Supplemental Agreement. 2 "Series 2018A Projects" shall mean have the meaning set forth in the Ninth Supplemental Support Agreement. "Series 2018A Project Account" shall mean the Series 2018A Project Account established in Section 5-501 of this Tenth Supplemental Agreement. Section 1-103. Rules of Construction. The following rules shall apply to the construction of this Tenth Supplemental Agreement unless the context otherwise requires: (a) Words importing the singular number shall include the plural number and vice versa. (b) Words importing the redemption or calling for redemption of Series 2018A Bonds shall not be deemed to refer to or connote the payment of Series 2018A Bonds at their stated maturity. (c) Unless otherwise indicated, all references herein to particular Articles or Sections are references to Articles or Sections of this Tenth Supplemental Agreement. (d) The headings herein and Table of Contents to this Tenth Supplemental Agreement herein are solely for convenience of reference and shall not constitute a part of this Tenth Supplemental Agreement nor shall they affect its meaning, construction or effect (e) All references herein to payment of Series 2018A Bonds are references to payment of principal of and interest on the Series 2018A Bonds. ARTICLE II AUTHORIZATION, DETAILS AND FORM OF SERIES 2018A BONDS Section 2-201. Authorization of Series 2018A Bonds. There are hereby authorized to be issued Public Facility Revenue Bonds, Series 2018A in the aggregate principal amount of $ , the proceeds of which to be applied in accordance with Article IV hereof to finance the costs of the Series 2018A Projects and pay costs incident to issuing the Series 2018A Bonds. Section 2-202. Details of Series 2018A Bonds. (a) The Series 2018A Bonds shall be designated "Public Facility Revenue Bonds, Series 2018A," shall be the date of their delivery, shall be issuable only as fully registered bonds in denominations of $5,000 and integral multiples thereof and shall be numbered R-1 upward. The Series 2018A Bonds shall bear interest at rates, payable semiannually on each April 1 and October 1, beginning October 1, 2018, and shall mature in installments on April 1 in years and amounts, as follows: 3 Year Amount Rate Year Amount 2019 2029 2020 2030 2021 2031 2022 2032 2023 2033 2024 2034 2025 2035 2026 2036 2027 2037 2028 2038 4 Rate (b) Each Series 2018A Bond shall bear interest (a) from its date, if such Series 2018A Bond is authenticated prior to the first interest payment date, or (b) otherwise from the interest payment date that is, or immediately precedes, the date on which such Series 2018A Bond is authenticated; provided, however, that if at the time of authentication of any Series 2018A Bond shall bear interest from the date to which interest has been paid. Interest shall be calculated on the basis of a 360 -day year of twelve 30 -day months. (c) Principal of the Series 2018A Bonds shall be payable to the registered holder(s) upon the surrender of Series 2018A Bonds at the corporate trust office of the Trustee in Richmond, Virginia. Interest on the Series 2018A Bonds shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Trustee on the fifteenth day of the month preceding each interest payment date; provided, however, if the Series 2018A Bonds are registered in the name of a Securities Depository or its nominee as registered holder or at the option of a registered holder(s) of at least $1,000,000 of Series 2018A Bonds, payment shall be made by wire transfer pursuant to the wire instructions received by the Trustee from such registered holder(s). If the nominal date for making any payment on the Series 2018A Bonds is not a Business Day, the payment may be made on the next Business Day with the same effect as if made on the nominal date, and no additional interest shall accrue between the nominal date and the actual payment date. Principal and interest shall be payable in lawful money of the United States of America. Section 2-203. Form of Series 2018A Bonds. The Series 2018A Bonds shall be in substantially the form set forth in Exhibit A, with such appropriate variations, omissions and insertions as are permitted or required by the Master Agreement of Trust and this Tenth Supplemental Agreement Section 2-204. Securities Depository Provisions Initially, one certificate for each maturity of each Series of the Series 2018A Bonds will be issued and registered to the Securities Depository, or its nominee. The Authority has entered into a Letter of Representations relating to a book -entry system to be maintained by the Securities Depository with respect to the Series 2018A Bonds. In the event that (a) the securities Depository determines not to continue to act as a securities depository for the Series 2018A Bonds by giving notice to the Trustee and the Authority discharging its responsibilities hereunder or (b) the Authority, at the direction of the City, determines (1) that beneficial owners of Series 2018A Bonds shall be able to obtain certificated Series 2018A Bonds or (2) to select a new Securities Depository, then the Trustee shall, at the direction of the authority, attempt to locate another qualified securities depository to serve as Securities Depository or authenticate and deliver certificated Series 2018A Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the form provided for in Exhibit A; provided, however, that such form shall provide for interest on the Series 2018A Bonds to be payable (i) from its dated date if it is authenticated prior to the first interest payment date or (ii) otherwise from the interest payment 5 date that is, or immediately precedes, the date on which it is authenticated (unless payment of interest thereon is in default, in which case interest on such Series 2018A Bonds shall be payable from the date to which interest has been paid). In delivering certificated Series 2018A Bonds, the Trustee shall be entitled to rely conclusively on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Series 2018A Bonds will be registerable, transferable and exchangeable as set forth in Section 204 and 205 of the Master Agreement of Trust. So long as there is a Securities Depository for the Series 2018A Bonds (A) it or its nominee shall be the registered holder(s) of the Series 2018A Bonds, (B) notwithstanding anything to the contrary in this Tenth Supplemental Agreement, determinations of persons entitled to payment of principal and interest, transfers of ownership and exchanges and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (C) the Authority and the Trustee shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (D) references in this Tenth Supplemental Agreement to registered holder(s) of the Series 2018A Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Series 2018A Bonds and (E) in the event of any inconsistency between the provisions of this Tenth Supplemental Agreement, other than those set forth in this paragraph and the preceding paragraph, and the provisions of the Letter of Representations such provisions of the Letter of Representations shall control. Section 2-205. Delivery of Series 2018A Bonds. The Trustee shall authenticate and deliver the Series 2018A Bonds when there have been filed with or delivered to it all items required by Section 303 of the Master Agreement of Trust. ARTICLE III REDEMPTION OF SERIES 2018A BONDS Section 3-301. Redemption Date and Price. Optional Redemption. The Series 2018A Bonds may not be called for redemption by the Authority except as follows. The Series 2018A Bonds maturing on or after [April 1, 2029] may be redeemed by the Authority, at the direction of the City, on or after [April 1, 2028], in whole or in part at any time (in increments of $5,000), at a redemption price of 100% of the principal amount, or portion thereof, of Series 2018A Bonds to be redeemed plus interest accrued to the redemption date. Section 3-302. Selection of Series 2018A Bonds for Redemption. If less than all of the Series 2018A Bonds are called for redemption, the maturities of the Series 2018A Bonds to be redeemed shall by selected by the Authority as directed by the City. If less than all of a particular maturity of the Series 2018A Bonds are called for redemption, the Series 2018A Bonds to be redeemed shall be selected by the Securities Depository or any 3i successor securities depository pursuant to its rules and procedures or, if the book -entry system is discontinued, shall be selected by the Trustee by lot in such manner as the Trustee in its discretion may determine. The portion of any Series 2018A Bond to be redeemed shall be in the principal amount of $5,000 or some multiple thereof. In selecting Series 2018A Bonds for redemption, each Series 2018A Bond shall be considered as representing that number of Series 2018A Bonds which is obtained by dividing the principal amount of such Series 2018A Bonds by $5,000. If a portion of a Series 2018A Bond shall be called for redemption, a new Series 2018A Bond in principal amount equal to the unredeemed portion thereof shall be issued to the registered owner upon the surrender thereof. Section 3-303. Notice of Redemption. The Trustee, upon being satisfied as to the payment of its expenses and upon receiving the notice of redemption from the Authority not less than 45 days prior to the redemption date, shall send notice of the call for redemption, identifying the Series 2018A Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, (a) by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to DTC, or if DTC is no longer serving as securities depository for the Series 2018A Bonds, to the substitute securities depository, or if no securities depository exists, to the respective holders of each Series 2018A Bond to be redeemed at the holder's address as it appears on the registration books kept by the Trustee, (b) by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to all organizations registered with the Securities and Exchange Commission as securities depositories and (c) to each nationally recognized municipal securities information repository designated as such by the Securities and Exchange Commission. In preparing and delivering such notice, the Trustee shall take into account, to the extent applicable, the prevailing tax-exempt securities industry standards and any regulatory statement of any federal or state administrative board having jurisdiction over the Authority or the tax-exempt securities industry, including Release No. 34-23856 of the Securities and Exchange Commission or any subsequent amending or superseding release. Failure to give any notice specified in (a) above, or any defect therein, shall not affect the validity of any proceedings for the redemption of any Series 2018A Bond with respect to which no such failure or defect has occurred. Failure to give any notice specified in (b) or (c) above, or any defect herein, shall not affect the validity of any proceedings for the redemption of any Series 2018A Bonds with respect to which the notice specified in (a) above is correctly given. Any notice mailed or provided herein shall conclusively be presumed to have been given whether or not actually received by any Series 2018A Bondholder. In the case of an optional redemption, the notice may state that (1) it is conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect the redemption, with the Trustee no later than the redemption date or (2) the Authority, as directed by the City, retains the right to rescind such notice on or prior to the scheduled redemption date (in either case, a "Conditional Redemption"), and such notice and optional redemption shall be of no effect if such moneys are not so deposited or if the notice is rescinded as described herein. Any Conditional Redemption in (2) above may be rescinded at any time prior to the redemption date if the Authority delivers a written direction to the Trustee directing the Trustee to rescind the redemption notice and any funds deposited with the Trustee in connection with such rescinded redemption shall be returned to the City. The Trustee shall give prompt notice of such rescission 7 to the affected Series 2018A Bondholders. Any Series 2018A Bonds subject to Conditional Redemption where redemption has been rescinded shall remain Outstanding, and the rescission shall not constitute an Event of Default. Further, in the case of Conditional Redemption, the failure of the Authority to make funds available on or before the redemption date shall not constitute an Event of Default, and the Trustee shall give immediate notice to all organizations registered with the Securities and Exchange Commission as securities depositories or the affected Series 2018A Bondholders that the redemption did not occur and that the Series 2018A Bonds called for redemption and not so paid remain outstanding. ARTICLE IV APPLICATION OF PROCEEDS OF SERIES 2018A BONDS Section 4-401. Application of Proceeds of Series 2018A Bonds. (a) The proceeds of the Series 2018A Bonds in the amount of $ shall be deposited into the Series 2018A Project Account in the Project Fund, including the good faith deposit ($ ) previously received by the City from the purchaser of the Series 2018A Bonds. $ for reimbursement of prior expenditures for Series 2018A Projects, shall be transferred upon receipt by the Trustee to the City in accordance with instructions provided by the City. (b) The remaining balance of the Series 2018A Bonds ($ shall be applied by the City to Costs of Issuance of the Series 2018A Bonds and thereafter any amount remaining may be applied to Series 2018A Bonds issuance costs or to additional Series 2018A Project costs. ARTICLE V ESTABLISHMENT OF ACCOUNT Section 5-501. Series 2018A Project Account. There shall be established within the Project Fund a special account entitled "Series 2018A Project Account" to be funded as specified in Section 4-401(x). Money in the Series 2018A Project Account shall be used in accordance with the provisions of Section 503 of the Master Agreement of Trust to pay or reimburse Series 2018A Project costs. Section 5-502. Costs of Issuance Account. There is hereby established in the Project Fund a "Series 2018A Bond Costs of Issuance Account" into which the proceeds of the Series 2018AB Bonds in Section 4-401(c) shall be deposited in separate subaccount for such series. Such account will be used as directed in such section to pay issuance costs or applied to pay or reimburse Series 2018A Project costs. K ARTICLE VI SECURITY FOR SERIES 2018A BONDS Section 6-601. Security for Series 2018A Bonds. The Series 2018A Bonds shall be equally and ratably secured under the Master Agreement of Trust with the Authority's Prior Public Facility Revenue Bonds and any other series of public facility revenue bonds issued pursuant to Article III of the Master Agreement of Trust, without preference, priority or distinction of any Bonds over any other Bonds, except as provided in the Master Agreement of Trust. ARTICLE VII MISCELLANEOUS Section 7-701. Limited on Use of Proceeds. The Authority intends that interest on the Series 2018A Bonds shall be excluded from gross income for Federal income tax purposes. The Authority covenants with the holders of the Series 2018A Bonds not to take any action that would adversely affect, and to take all action within its power necessary to maintain, the exclusion of interest on all Series 2018A Bonds from gross income for Federal income taxation purposes. Section 7-702. Limitation of Right. With the exception of rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Tenth Supplemental Agreement or the Series 2018A Bonds is intended or shall be construed to give to any person other than the parties hereto and the holders of Series 2018A Bonds any legal or equitable right, remedy or claim under or in respect to this Tenth Supplemental Agreement or any covenants, conditions and agreements herein contained since this Tenth Supplemental Agreement and all of the covenants, conditions and agreements hereof are intended to be and are for the sole and exclusive benefit of the parties hereto and the holders of Bonds as herein provided. Section 7-703. Severability. If any provision of this Tenth Supplemental Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof and this Tenth Supplemental Agreement shall be construed and enforced as if such illegal provision had not been contained herein. Section 7-704. Successors and Assigns. This Tenth Supplemental Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. G9 Section 7-705. Applicable Law. This Tenth Supplemental Agreement shall be governed by the applicable laws of the Commonwealth of Virginia. Section 7-706. Patriot Act Compliance. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. For a non -individual person such as a business entity, a charity, a Trust or other legal entity the Trustee will ask for documentation to verify its formation and existence as a legal entity. The Trustee may also ask to see financial statements, licenses, identification, and authorization documents from individuals claiming authority to represent the entity or other relevant documentation. Section 7-707. Counterparts. This Tenth Supplemental Agreement may be executed in several counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. IN WITNESS WHEREOF, the Authority and the Trustee have caused this Tenth Supplemental Agreement to be executed in their respective corporate names as of the date first above written. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY U.S. BANK NATIONAL ASSOCIATION, As Trustee Title: 10 Acknowledged and Consented To: CITY OF VIRGINIA BEACH, VIRGINIA, Title: 11 EXHIBIT A Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED R-1 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA 41 REGISTERED CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Public Facility Revenue Bond, Series 2018A INTEREST RATE MATURITY DATE DATED DATE CUSIP % April 1, REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: March _, 2018 92774G DOLLARS The City of Virginia Beach Development Authority, a political subdivision of the Commonwealth of Virginia (the "Authority"), for value received, hereby promises to pay upon surrender hereof at the principal corporate trust office of U.S. Bank National Association (successor to Wachovia Bank, National Association), Richmond, Virginia, as trustee, or its successor in trust (the "Trustee"), under the Agreement of Trust (as hereinafter defined) solely from the source and as hereinafter provided, to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay, solely from such source, interest hereon on each April 1 and October 1, beginning [October 1,] 2018 at the annual rate stated above, calculated on the basis of a 360 -day year of twelve 30 -day months. Interest is payable (a) from March , 2018, if this bond is authenticated prior to [October 1, 2018,] or (b) otherwise from the April 1 or October 1 that is, or immediately precedes, the date on which this bond is authenticated (unless payment of interest hereon is in default, in which case this bond shall bear A-1 interest from the day to which interest has been paid). Interest is payable by check or draft mailed to the registered owner hereof at its address as it appears on the fifteenth day of the month preceding each interest payment date on registration books kept by the Trustee; provided, however, that at the option of a registered owner of at least $1,000,000 of Series 2018A Bonds (as hereinafter defined), payment will be made by wire transfer pursuant to the most recent wire instructions received by the Trustee from such registered owner. If the nominal date for making any payment on this bond is not a Business Day (as hereinafter defined), the payment may be made on the next Business Day with the same effect as if made on the nominal date, and no additional interest shall accrue between the nominal date and the actual payment date. Principal and interest are payable in lawful money of the United States of America. "Business Day" shall mean a day on which banking business is transacted, but not including a Saturday, Sunday or legal holiday, or any day on which banking institutions are authorized by law to close in the city in the Commonwealth of Virginia in which the Trustee has its principal corporate trust office. Notwithstanding any other provision hereof, this bond is subject to book -entry form maintained by the Depository Trust Company ("DTC"), and the payment of principal and interest, the providing of notices and other matters shall be made as described in the Authority's Letter of Representations to DTC. This bond is one of an issue of $ Public Facility Revenue Bonds, Series 2018A (the "Series 2018A Bonds") authorized and issued pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended. The 2018A Bonds are issued under and secured by an Agreement of Trust dated as of September 1, 2003, between the Authority and the Trustee, as previously supplemented and as further supplemented with respect to the Series 2018A Bonds by a Tenth Supplemental Agreement of Trust dated as of March 1, 2018 (collectively, the "Agreement of Trust"). The Agreement of Trust assigns to the Trustee, as security for the 2018A, (a) the revenues and receipts derived from a Support Agreement dated as of September 1, 2003, as supplemented and amended in connection with the issuance of each series of Prior Public Facility Revenue Bonds by supplemental support agreements, and with respect to the Series 2018A Bonds by an Ninth Supplemental Support Agreement dated as of March 1, 2018 (collectively, the "Support Agreement"), each between the Authority and the City of Virginia Beach, Virginia (the "City"), and (b) the Authority's rights under the Support Agreement (except for the Authority's rights under the Support Agreement to the payment of certain fees and expenses and the rights to notices). Reference is hereby made to the Agreement of Trust for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the Authority and the Trustee, the rights of the holders of the 2018A Bonds and the terms upon which the 2018A Bonds are issued and secured. The 2018A Bonds are equally and ratably secured on a parity basis with $ in aggregate principal amount of Public Facility Revenue Bonds previously issued by the Authority (collectively, the "Parity Bonds"). Additional bonds secured by a pledge of revenues and receipts derived from the City under the Support Agreement on a parity with the 2018A Bonds and the Parity Bonds may be issued under the terms and conditions set forth in the Agreement of Trust. Terms not otherwise defined herein shall have the meaning assigned such terms in the Agreement of Trust. FEW The 2018A Bonds are issued to finance the acquisition, construction and equipping of various capital improvements for the City. Under the Support Agreement, the City has agreed to make payments that will be sufficient to pay the principal of and interest on the 2018A Bonds as the same shall become due in accordance with their terms and the provisions and the terms of the Agreement of Trust. The undertaking by the City to make payments under the Support Agreement does not constitute a debt of the City within the meaning of any constitutional or statutory limitation nor a liability of or a lien or charge upon funds or property of the City beyond any fiscal year for which the City has appropriated moneys to make such payments. THE 2018A BONDS AND THE INTEREST THEREON ARE LIMITED OBLIGATIONS OF THE AUTHORITY PAYABLE SOLELY FROM REVENUES AND RECEIPTS DERIVED FROM THE CITY AND RECEIVED BY THE AUTHORITY UNDER THE SUPPORT AGREEMENT, AND FROM CERTAIN FUNDS, AND THE INVESTMENT INCOME THEREON, HELD UNDER THE AGREEMENT OF TRUST, WHICH REVENUES, RECEIPTS AND FUNDS HAVE BEEN PLEDGED AND ASSIGNED TO SECURE PAYMENT THEREOF. THE 2018A BONDS AND INTEREST THEREON SHALL NOT BE DEEMED TO CONSTITUTE A GENERAL OBLIGATION DEBT OR A PLEDGE OF THE FAITH AND CREDIT OF THE COMMONWEALTH OF VIRGINIA OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY. NEITHER THE COMMONWEALTH OF VIRGINIA NOR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, SHALL BE OBLIGATED TO PAY THE PRINCIPAL OF OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT THERETO EXCEPT FROM THE REVENUES AND RECEIPTS PLEDGED AND ASSIGNED THEREFORE, AND NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE COMMONWEALTH OF VIRGINIA, OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT THERETO. THE AUTHORITY HAS NO TAXING POWER. No covenant, condition or agreement contained herein shall be deemed to be a covenant, agreement or obligation of any present or future director, officer, employee or agent of the Authority in its individual capacity, and neither the Chairman of the Authority nor any officer thereof executing this bond shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. The Series 2018A Bonds may not be called for redemption by the Authority except as provided herein and in the Agreement of Trust. The Series 2018A Bonds maturing on or after [April 1, 2029], may be redeemed prior to their respective maturities on or after [April 1, 2028], at the option of the Authority, at the direction of the City, in whole or in part at any time at a redemption price of 100% of the principal amount, or portion thereof, of Series 2018A Bonds to be redeemed plus interest accrued to the redemption date. If less than all the Series 2018A Bonds are called for redemption, they shall be redeemed from maturities in such order as determined by the Authority, at the direction of the City. If less than all of the Series 2018A Bonds of any maturity are called for redemption, the Bonds to be A-3 redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book -entry system is discontinued, shall be selected by the Trustee by lot in such manner as the Trustee in its discretion may determine. The portion of any Series 2018A Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof. In selecting Series 2018A Bonds for redemption, each Bond shall be considered as representing that number of Series 2018A Bonds which is obtained by dividing the principal amount of such Series 2018A Bond by $5,000. If any of the Series 2018A Bonds or portions thereof are called for redemption, the Trustee shall send notice of the call for redemption, identifying the Series 2018A Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to the registered owner of the Series 2018A Bonds. Such notice may state that (1) it is conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect the redemption, with the Trustee no later than the redemption date or (2) the Authority retains the right to rescind such notice on or prior to the scheduled redemption date, and such notice and optional redemption shall be of no effect if such moneys are not so deposited or if the notice is rescinded. Provided funds for their redemption are on deposit at the place of payment on the redemption date, all Series 2018A Bonds or portions thereof so called for redemption shall cease to bear interest on such date, shall no longer be secured by the Agreement of Trust and shall not be deemed to be Outstanding under the provisions of the Agreement of Trust. If a portion of this bond shall be called for redemption, a new bond in principal amount equal to the unredeemed portion hereof will be issued to DTC or its nominee upon surrender hereof, or if the book -entry system is discontinued, to the registered owners of this bond. The registered owner of this bond shall have no right to enforce the provisions of the Agreement of Trust or to institute action to enforce the covenants therein or to take any action with respect to any Event of Default under the Agreement of Trust or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Agreement of Trust. Modifications or alterations of the Agreement of Trust or the Support Agreement, or of any supplement thereto, may be made only to the extent and in the circumstances permitted by the Agreement of Trust. The Series 2018A Bonds are issuable as registered bonds in the denomination of $5,000 and integral multiples thereof. Upon surrender for transfer or exchange of this bond at the corporate trust office of the Trustee in Richmond, Virginia, together with an assignment duly executed by the registered owner or its duly authorized attorney or legal representative in such form as shall be satisfactory to the Trustee, the Authority shall execute, and the Trustee shall authenticate and deliver in exchange, a new bond or bonds in the manner and subject to the limitations and conditions provided in the Agreement of Trust, having an equal aggregate principal amount, in authorized denominations, of the same series form and maturity, bearing interest at the same rate and registered in the name or names as requested by the then registered owner hereof or its duly authorized attorney or legal representative. Any such exchange shall be at the expense of the Authority, except that the Trustee may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. am The Trustee shall treat the registered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as holder on the fifteenth day of the month preceding each interest payment date. All acts conditions and things required to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed. This bond shall not become obligatory for any purpose or be entitled to any security or benefit under the Agreement of Trust or be valid until the Trustee shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. IN WITNESS WHEREOF, the City of Virginia Beach Development Authority has caused this bond to be signed by its Chairman, its seal to be imprinted hereon and attested by its Secretary, and this bond to be dated the date first above written. (SEAL) Attest: Secretary CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY A-5 Chairman CERTIFICATE OF AUTHENTICATION Date Authenticated: March , 2018 This bond is one of the Series 2018A Bonds described in the within mentioned Agreement of Trust. U.S. BANK NATIONAL ASSOCIATION, as Trustee Authorized Officer .61 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (please print or typewrite name and address, including zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE The within Bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer said Bond on the books kept for the registration thereof, with full power of substitution in the premises. Date: Signature Guaranteed NOTICE: Signature(s) must be guaranteed by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, Securities Broker/Dealer, Credit Union, or Savings Association who is a member of a medallion program approved by The Securities Transfer Association, Inc. A-7 (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the registered owner as it appears on the front of this bond in every particular, without alteration or enlargement or any change whatsoever. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY OUTSTANDING PRIOR PUBLIC FACILIY REVENUE BONDS Bond Issue 2016A Public Facility 2016B Public Facility 2015A Public Facility Revenue 2015B Public Facility Refunding Revenue 2014A Public Facility Revenue 2014B Public Facility Refunding Revenue 2013A Public Facility Revenue 2012A Public Facility Revenue 2012B Public Facility Refunding Revenue 2010A Public Facility Revenue 2010B Public Facility Refunding Revenue 2010C Public Facility Refunding Revenue 2007A Public Facility Revenue 4814-4441-3275.1 D-1 Outstanding Bonds as of January 31, 2018 $19,960,000 7,385,000 42,380,000 34,885,000 37,775,000 16,150,000 16,865,000 16,490,000 21,860,000 5,100,000 55,110,000 30,520,000 3,990,000 $308,470,000 EXHIBIT B CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution of the City of Virginia Beach, Virginia, Providing for the Issuance and Sale of General Obligation Public Improvement Bonds, in the Maximum Amount of $76,000,000 to Fund Heretofore Authorized Public Improvements, and Providing for the Form, Details and Payment Thereof MEETING DATE: February 20, 2018 ■ Background: Based on a review of capital project expenditures, the Department of Finance has begun preparations for a general obligation new money bond sale in the maximum principal of $76,000,000. The bond sale is composed of portions of the 2014, and 2015 Charter Bond Authorizations previously approved by Council on May 13, 2014 and May 12, 2015, respectively. The bond proceeds from the proposed sale will reimburse previous expenditures for the City and the Schools authorized CIP projects, and will fund future expenditures on some Schools projects. A project list totaling $73,607,302 is attached. Based on current market conditions, the City's financial advisors, Public Resources Advisory Group (PRAG), has recommended that this sale take place on February 27, 2018. The Preliminary Official Statement was forwarded to the Council in its Friday packet and posted online on February 9, 2018. ■ Considerations: The new money sale represents the City's annual general obligation bond sale. The City's Bond Counsel, Kutak Rock LLP, has prepared the enclosed resolution authorizing the issuance and sale of the bonds. The bonds will be sold electronically by competitive bid, with the actions of the City Manager being conclusive; provided, the Bonds shall have a true interest cost not to exceed 4.0%. ■ Public Information: Public information will be handled through the normal Council agenda process. The original Charter Bond Authorizations were part of the public information process of the City's Resource Management Plan (Budget/CIP). In addition, the attached resolution authorizes the distribution of the Preliminary Official Statement for marketing purposes. Also, a notice of sale will be placed in The Bond Buyer, a daily newspaper for the tax-exempt bond market. ■ Alternatives: There are no practical alternative funding sources at this time. This request follows previously approved CIPs. ■ Recommendation: Adopt the attached resolution ■ Attachments: Resolution, Project List Recommended Action: Approval Submitting De7artriieptfAgency: Finance -- City Manager: RESOLUTION OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS IN THE MAXIMUM AMOUNT OF $76,000,000 TO FUND HERETOFORE AUTHORIZED PUBLIC IMPROVEMENTS, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF The issuance of $66,400,000 of bonds of the City of Virginia Beach, Virginia (the "City") was authorized by an ordinance adopted by the City Council of the City of Virginia Beach, Virginia (the "City Council") on May 13, 2014, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, $51,286,928 of which have been issued and sold, leaving an unsold balance of $15,113,072. The issuance of $68,900,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 12, 2015, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, $7,121,184 of which have been issued and sold, leaving an unsold balance of $61,778,816. The issuance of $74,300,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 10, 2016, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, and building and parks and recreation projects. Such authorized amount was subsequently reduced administratively to $70,800,000 to comply with certain requirements of the City Charter, with no bonds having been issued under such authorization. The issuance of $69,272,406 of bonds of the City was authorized by an ordinance adopted by the City Council on May 9, 2017, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, none of which have been issued and sold. It has been recommended to the City Council by representatives of Public Resources Advisory Group (the "Financial Advisor") that the City issue and sell a series of general obligation public improvement bonds in the maximum principal amount of $76,000,000. The City Council has determined it is in the City's best interest to issue and sell the remaining balance, $15,113,072, of the bonds authorized on May 13, 2014; up to $49,300,296 of the bonds authorized on May 12, 2015; up to $11,586,632 of the bonds authorized on May 10, 2016; and none of the bonds authorized on May 9, 2017. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Issuance of Bonds. There shall be issued, pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter (Chapter 147 of the Acts of the General Assembly of 1962, as amended) and the Public Finance Act of 1991 (Chapter 26, Title 15.2, Code of Virginia of 1950, as amended), general obligation public improvement bonds of the City in the maximum principal amount of $76,000,000 (the "Bonds"). The proceeds of the Bonds will be used to provide funds to finance, in part, the costs of various public, school, road and highway, coastal, economic and tourism, buildings and parks and recreation improvements, as more fully described in the ordinances authorizing the Public Improvement Bonds adopted on May 13, 2014, May 12, 2015, May 10, 2016 and May 9, 2017. Proceeds of the Bonds may also be applied to the costs incurred in connection with issuing such obligations. 2. Bond Details. The Bonds may be issued in one or more series, including issuance as a combined series, and shall be designated "General Obligation Public Improvement Bonds". The Bonds shall contain the series designation 2018 or such other designation as may be determined by the City Manager, shall be in registered form, shall be dated such date as may be determined by the City Manager, shall be in denominations of $5,000 and integral multiples thereof and shall be numbered R-1 upward as appropriate. The Bonds if issued as separate series may be sold at the same time or at different times as determined by the City Manager in consultation with the Financial Advisor, and the principal amount of each series of Bonds shall be determined by the City Manager in his discretion in consultation with the Financial Advisor. Subject to Section 8, the issuance and sale of the Bonds are authorized on terms as shall be satisfactory to the City Manager; provided, the Bonds (a) shall have a "true" or "Canadian" interest cost not to exceed 4.00% (taking into account any original issue premium or discount), (b) shall be sold to the purchaser or purchasers thereof at a price not less than 100% of the principal amount thereof, (c) shall be subject to optional redemption beginning no later than and continuing after March 1, 2028, at an optional redemption price of no more than 102% of the principal amount to be redeemed plus accrued interest to the optional redemption date, and (d) shall mature annually in installments through serial maturities or mandatory sinking fund payments beginning no later than March 1, 2019, and ending no later than March 1, 2038. Principal of the Bonds shall be payable annually on dates determined by the City Manager, which principal payment dates need not be the same for each series. Each Bond shall bear interest at such rate as shall be determined at the time of sale, calculated on the basis of a 360 -day year of twelve 30 -day months, and payable semiannually on dates determined by the City Manager. Principal shall be payable to the registered owners upon surrender of Bonds as they become due at the office of the Registrar (as hereinafter defined). Interest shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Registrar on a date prior to each interest payment date that shall be determined by the City Manager (the "Record Date"). Principal, premium, if any, and interest shall be payable in lawful money of the United States of America. Initially, one Bond certificate for each maturity of the Bonds shall be issued to and registered in the name of The Depository Trust Company, New York, New York ("DTC"), or its nominee. The City has heretofore entered into a Blanket Issuer Letter of Representations relating to a book -entry system to be maintained by DTC with respect to the Bonds. "Securities Depository" shall mean DTC or any other securities depository for the Bonds appointed pursuant to this Section 2. 2 In the event that (a) the Securities Depository determines not to continue to act as the securities depository for the Bonds by giving notice to the Registrar, and the City discharges its responsibilities hereunder, or (b) the City, in its sole discretion, determines (i) that beneficial owners of Bonds shall be able to obtain certificated Bonds or (ii) to select a new Securities Depository, then the City's Director of Finance shall, at the direction of the City Manager, attempt to locate another qualified securities depository to serve as Securities Depository and authenticate and deliver certificated Bonds to the new Securities Depository or its nominee, or authenticate and deliver certificated Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the form provided for in Section 5; provided, that such form shall provide for interest on the Bonds to be payable (A) from the date of the Bonds if they are authenticated prior to the first interest payment date, or (B) from the interest payment date that is or immediately precedes the date on which the Bonds are authenticated (unless payment of interest thereon is in default, in which case interest on such Bonds shall be payable from the date to which interest has been paid). In delivering certificated Bonds, the City's Director of Finance shall be entitled to rely on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Bonds will then be registrable, transferable and exchangeable as set forth in Section 7. So long as there is a Securities Depository for the Bonds, (1) it or its nominee shall be the registered owner of the Bonds, (2) notwithstanding anything to the contrary in this Resolution, determinations of persons entitled to payment of principal, premium, if any, and interest, transfers of ownership and exchanges, and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (3) the Registrar and the City shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (4) references in this Resolution to registered owners of the Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Bonds, and (5) in the event of any inconsistency between the provisions of this Resolution and the provisions of the above -referenced Blanket Issuer Letter of Representations, such provisions of the Blanket Issuer Letter of Representations, except to the extent set forth in this paragraph and the next preceding paragraph, shall control. 3. Redemption Provisions. (a) Optional Redemption. The Bonds shall be subject to redemption prior to maturity at the option of the City Manager, in whole or in part, at any time on and after dates, if any, determined by the City Manager, with the first such optional redemption date beginning no later than March 1, 2028 as set forth in Section 2 at a redemption price equal to the principal amount to be redeemed, together with any interest accrued to the date fixed for redemption, plus a redemption premium, if any, not to exceed 2% of the principal amount to be redeemed, such redemption premium to be determined by the City Manager in consultation with the Financial Advisor. (b) Mandatory Sinking Fund Redemption. Any term bonds may be subject to mandatory sinking fund redemption upon terms determined by the City Manager. If so determined by the City Manager, the Bonds may provide that the City may take a credit against the mandatory sinking fund redemption obligation of any maturity of term Bonds in 3 the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for cancellation and have not been applied previously as such a credit. If the City wishes to take such a credit, on or before the 70th day next preceding any such mandatory sinking fund redemption date, the City's Director of Finance may instruct the Registrar to apply a credit against the City's mandatory sinking fund redemption obligation for any Bonds of the applicable maturity that have been optionally redeemed or surrendered for cancellation by the City and have not been previously applied as a credit against any mandatory sinking fund redemption obligation for that maturity of the Bonds. Each Bond so previously optionally redeemed or surrendered shall be credited at 100% of the principal amount thereof against the principal amount of such maturity of the Bonds required to be redeemed on such mandatory sinking fund redemption date or dates for such maturity as may be selected by the Director of Finance. (c) Selection of Bonds for Redemption. If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all of a particular maturity of the Bonds are called for redemption, the Bonds within such maturity to be redeemed shall be selected by the Securities Depository pursuant to its rules and procedures or, if the book -entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. (d) Redemption Notices. The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by electronic transmission, facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to the registered owner of the Bonds. The City shall not be responsible for providing notice of redemption to anyone other than DTC or another qualified Securities Depository or its nominee unless no qualified Securities Depository is the registered owner of the Bonds. If no qualified Securities Depository is the registered owner of the Bonds, notice of redemption shall be provided to the registered owners of the Bonds. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender thereof. 4. Execution and Authentication. The Bonds shall be signed by the manual or facsimile signature of the Mayor or Vice -Mayor, shall be countersigned by the manual or facsimile signature of the City Clerk or Deputy Clerk, and the City's seal shall be affixed thereto or a facsimile thereof printed thereon; provided, that if both of such signatures are facsimiles, no Bond shall be valid until it has been authenticated by the manual signature of the City Treasurer, as Registrar, or an authorized officer or employee of any bank or trust company serving as successor Registrar and the date of authentication noted thereon. 5. Bond Form. The Bonds shall be in substantially the form attached to this Resolution as Exhibit A, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officers signing the Bonds, whose approval shall be evidenced conclusively by the execution and delivery of the Bonds. rd 6. Pledge of Full Faith and Credit. The full faith and credit of the City are irrevocably pledged for the payment of the principal of, premium, if any, and interest on the Bonds. Unless other funds are lawfully available and appropriated for timely payment of the Bonds, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property in the City sufficient to pay when due the principal of, premium, if any, and interest on the Bonds. 7. Registration, Transfer and Owners of Bonds. The City Treasurer is appointed paying agent and registrar for the Bonds (the "Registrar"). The City may appoint a qualified bank or trust company as successor paying agent and registrar of the Bonds. The Registrar shall maintain registration books for the registration and registration of transfers of the Bonds. Upon presentation and surrender of any Bonds at the office of the Registrar, or at its designated corporate trust office if the Registrar is a bank or trust company, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the Registrar shall authenticate, if required by Section 4, and shall deliver in exchange, a new Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate and registered in the name as requested by the then registered owner thereof or its duly authorized attorney or legal representative. Any such transfer or exchange shall be at the expense of the City, except that the Registrar may charge the person requesting such transfer or exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person or entity exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as owner on the registration books as of the Record Date. 8. Sale of Bonds. The City Council approves the following terms of the sale of the Bonds. The Bonds shall be sold by competitive bid in a principal amount to be determined by the City Manager, in collaboration with the Financial Advisor, and subject to the limitations set forth in Sections 1 through 3, and the City Manager shall receive bids for the Bonds and award the Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the sale provisions and limitations set forth in Section 2. Following the sale of the Bonds, the City Manager shall file a certificate with the City Clerk setting forth the final terms of the Bonds. The actions of the City Manager in selling the Bonds shall be conclusive, and no further action with respect to the sale and issuance of the Bonds shall be necessary on the part of the City Council. 9. Notice of Sale. The City Manager, in collaboration with the Financial Advisor, is authorized and directed to take all proper steps to advertise the Bonds for sale substantially in accordance with the form of the Official Notice of Sale, which form is attached as an Appendix to the draft of the Preliminary Official Statement described in Section 10 below, and which form is approved; provided, that the City Manager, in collaboration with the Financial Advisor, may make such changes in the Official Notice of Sale not inconsistent with this Resolution as he may consider to be in the best interest of the City. 5 10. Official Statement. A draft of a Preliminary Official Statement relating to the Bonds, a copy of which has been provided or made available to each member of the City Council, is approved as the form of the Preliminary Official Statement by which the Bonds will be offered for sale, with such completions, omissions, insertions and changes not inconsistent with this Resolution as the City Manager, in collaboration with the Financial Advisor, may consider appropriate. After the Bonds have been sold, the City Manager, in collaboration with the Financial Advisor, shall make such completions, omissions, insertions and changes in the Preliminary Official Statement not inconsistent with this Resolution as are necessary or desirable to complete it as a final Official Statement for the Bonds, execution thereof by the City Manager to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. The City shall arrange for the delivery to the purchaser of the Bonds of a reasonable number of copies of the final Official Statement by the earlier of seven business days after the Bonds have been sold or the date of issuance thereof, for delivery to each potential investor requesting a copy of the Official Statement and for delivery to each person to whom such purchaser initially sells Bonds. 11. Official Statement Deemed Final. The City Manager is authorized, on behalf of the City, to deem the Preliminary Official Statement and the Official Statement in final form for the Bonds, each to be final as of its date within the meaning of Rule 15c2-12 ("Rule 15c2-12") of the Securities and Exchange Commission (the "SEC"), except for the omission in the Preliminary Official Statement of certain pricing and other information permitted to be omitted pursuant to Rule 15c2-12. The distribution of the Preliminary Official Statement and the Official Statement in final form shall be conclusive evidence that each has been deemed final as of its date by the City, except for the omission in the Preliminary Official Statement of such pricing and other information permitted to be omitted pursuant to Rule 15c2-12. 12. Preparation and Delivery of Bonds. After bids have been received and the Bonds have been awarded to the winning bidder, the officers of the City are authorized and directed to take all proper steps to have the Bonds prepared and executed in accordance with their terms and to deliver the Bonds to the purchaser thereof upon payment therefor. 13. Arbitrage Covenants. The City covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations issued pursuant thereto (the "Code"), or otherwise cause interest on the Bonds to be includable in the gross income of the registered owners thereof under existing laws. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bonds, unless the City receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest on the Bonds from being includable in the gross income of the registered owners thereof under existing law. The City shall pay any such required rebate from its legally available funds. 14. Non -Arbitrage Certificate and Elections. Such officers of the City as may be requested are authorized and directed to execute an appropriate certificate setting forth the reasonably expected use and investment of the proceeds of the Bonds in order to show that such reasonably expected use and investment will not violate the provisions of Section 148 of the Code, M and any elections such officers deem desirable regarding rebate of earnings to the United States, for purposes of complying with Section 148 of the Code. Such certificate and elections shall be in such form as may be requested by bond counsel for the City. 15. Limitation on Private Use. The City covenants that it shall not permit the proceeds of the Bonds or the facilities financed with the proceeds of the Bonds to be used in any manner that would result in (a) 5% or more of such proceeds or of the facilities financed with such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141(b) of the Code, (b) 5% or more of such proceeds or the facilities being financed with such proceeds being used with respect to any output facility (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any person other than a governmental unit, as provided in Section 141(c) of the Code; provided, that if the City receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest on the Bonds from being includable in the gross income for federal income tax purposes of the registered owners thereof under existing law, the City need not comply with such covenants. 16. Post -Issuance Compliance. The Post Issuance Compliance Procedures established as directed by resolution of the City Council adopted on March 13, 2012 will apply to the Bonds to ensure that the proceeds of the Bonds and the projects financed with such proceeds are used in compliance with the provisions of federal tax law applicable to tax-exempt governmental obligations. 17. Continuing Disclosure Agreement. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute and deliver a continuing disclosure agreement setting forth the reports and notices to be filed by the City and containing such covenants as may be necessary to assist the purchaser of the Bonds in complying with the provisions of Rule 15c2-12. Such continuing disclosure agreement shall be substantially in the form attached as an Appendix to the draft of the Preliminary Official Statement described in Section 10 above, which form is approved with such completions, omissions, insertions and changes that are not inconsistent with this Resolution. The Mayor, the City Manager and such other officers of the City as either may designate are further authorized to the extent necessary or appropriate to develop, implement or enhance procedures to ensure compliance with the City's undertakings related to Rule 15c2-12 for all obligations issued and to be issued by the City to which such Rule applies. 18. Other Actions. All other actions of officers of the City and of the City Council in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds are hereby ratified, approved and confirmed. The officers of the City are authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bonds. 19. Investment Authorization. The City Council hereby authorizes the Director of Finance to direct the City Treasurer to utilize the State Non -Arbitrage Program of the Commonwealth of Virginia ("SNAP") in connection with the investment of certain of the proceeds 7 of the Bonds, if the City Manager and the Director of Finance determine that the utilization of SNAP is in the best interest of the City. The City Council acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the SNAP Contract. 20. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in conflict herewith are repealed. 21. Effective Date. This Resolution shall take effect immediately. Exhibit A — Form of Bond Requires an affirmative vote by a majority of the members of the City Council. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of February, 2018. APPROVED AS TO CONTENT: I--- Finan'celYepartment CA -14277 R-1 February 8, 2018 4822-2028-8090.1 APPROVED AS TO LEGAL SUFFICIENCY: rty Atto y'h Office Exhibit A — Form of Bond Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange or payment, and this certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED No. UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH General Obligation Public Improvement Bond Series 2018A REGISTERED INTEREST RATE MATURITY DATE DATED DATE CUSIP % March 1, , 2018 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the "City"), for value received, promises to pay, upon surrender hereof to the registered owner hereof, or registered assigns or legal representative, the Principal Amount stated above on the Maturity Date stated above, subject to prior redemption as hereinafter provided, and promises to pay interest hereon from the Dated Date stated above on each March 1 and September 1, beginning September 1, 2018, at the annual Interest Rate stated above, calculated on the basis of a 360 -day year of twelve 30 -day months. Principal, premium, if any, and interest are payable in lawful money of the United States of America by the City Treasurer, who has been appointed Registrar (the "Registrar"). The City may appoint a qualified bank as successor paying agent and registrar for the bonds. Notwithstanding any other provision hereof, this bond is subject to a book -entry system maintained by The Depository Trust Company ("DTC"), and the payment of principal, premium, if any, and interest, the providing of notices and other matters shall be made as described in the City's Blanket Issuer Letter of Representations to DTC. This bond is one of an issue of $ General Obligation Public Improvement Bonds, Series 2018 (the "Bonds"), of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity, and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991. The Bonds have been authorized by ordinances adopted by the City Council of the City of Virginia Beach (the "City Council") on May 13, 2014, May 12, 2015, May 10, 2016 and May 9, 2017, and are being issued pursuant to a resolution adopted by the City Council on February , 2018 (the "Bond Resolution"), to finance various public, school, road and highway, coastal, economic and tourism, building and parks and recreation improvements and to pay costs of issuance of the Bonds. The Bonds maturing on or before [March 1, 2028], are not subject to optional redemption prior to maturity. The Bonds maturing on or after [March 1, 20291, are subject to redemption prior to maturity at the option of the City on or after [March 1, 20281, in whole or in part at any time (in any multiple of $5,000), upon payment of the following redemption prices (expressed as a percentage of principal amount of the Bonds to be redeemed) plus interest accrued and unpaid to the date fixed for redemption: Period During Which Redeemed Both Dates Inclusive) Redemption Price The Bonds maturing on , 20_, are required to be redeemed in part before maturity by the City on , 20 in the years and amounts set forth below, at a redemption price equal to 100% of the principal amount of the Bonds to be redeemed, plus interest accrued and unpaid to the date fixed for redemption: Year Amount Year Amount The Bond Resolution provides for a credit against the mandatory sinking fund redemption of the Bonds maturing on , 20 in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for cancellation and have not been applied previously as such a credit. If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all the Bonds of a particular maturity are called for redemption, the Bonds within such maturity to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. A-2 The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by electronic transmission, facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to DTC or its nominee as the registered owner hereof. If a portion of this bond is called for redemption, a new Bond in the principal amount of the unredeemed portion hereof will be issued to the registered owner upon surrender hereof. The full faith and credit of the City are irrevocably pledged for the payment of principal of, premium, if any, and interest on this bond. Unless other funds are lawfully available and appropriated for timely payment of this bond, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all taxable property within the City sufficient to pay when due the principal of, premium, if any, and interest on this bond. The Registrar shall treat the registered owner of this bond as the person or entity exclusively entitled to payment of principal of and interest on this bond and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as the owner on the registration books on the 15th day of the month preceding each interest payment date. In the event a date for the payment of principal, redemption price, or interest on this bond is not a business day, then payment of principal, redemption price, and interest on, this bond shall be made on the next succeeding day which is a business day, and if made on such next succeeding business day, no additional interest shall accrue for the period after such payment or redemption date. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of Bonds of which this bond is one, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. A-3 IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this bond to be dated the Dated Date stated above. COUNTERSIGNED: (SEAL) Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia ASSIGNMENT FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto: (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE: the within bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer said bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, Securities Broker/Dealer, Credit Union or Savings Association who is a member of a medallion program approved by The Securities Transfer Association, Inc. (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the registered owner as it appears on the front of this bond in every particular, without alteration or enlargement or any change whatsoever. A-5 City of Virginia Beach, Virginia 2018A General Obligation Bond Sale - $73.6 million City and School Expenditures 1/13/2016 - 1/29/18 Expenditures to Reimburse with Project Number Project Name Bond Proceeds Roadways Buildings 2025 Witchduck Road - Phase II 2026 Street Reconstruction II 2300 Traffic Safety Improvements III 2418 Indian River Rd/Kempsville Rd Improvements 3503 Housing Resource Center Information Technology 3068 CIT -IT Network Infrastructure Replacement Phase II Parks and Recreation 4503 P&R Administration Offices Relocation TOTAL GENERAL GOVERNMENT Parks and Recreation 4509 Kempsville Recreation Center TOTAL PARKS AND RECREATION SPECIAL REVENUE FUND Schools 1001 Renovations and Repalcements - Energy Management 1003 Renovations and Repalcements - Energy Management II 1004 Tennis Court Renovations Phase II 1025 Kempsville High School Entrepreneurial Academy Improvements 1099 Renovations & Replacements Grounds Phase II 1103 Renovations & Replacements - HVAC Systems Phase II 1104 Renovations & Replacements - Reroofing Phase II 1105 Renovations & Replacements - Various Phase II 1233 Old Donation School TOTAL SCHOOLS TOTAL PROJECT FUNDS* * Preliminary, subject to change. Schools may add future spending depending on needs. 7,229,685 2,259,042 3,242,554 1 M A 770 $ 13,745,511 13,231,689 $ 13,231,689 5,369,616 $ 5,369,616 8,340,064 $ 8,340,064 $ 40,686,880 6,793,498 24,598 2,596,058 295,185 49,156 2,041,700 10, 771,811 2,239,235 1,918,074 6,191,107 6,793,498 $ 26,126,925 $ 73,607,302 2/6/2018 W:\Bond Management\General Obligation\2018 GO Bond Sale\2018 GO Project List before sale.xlsx tab:Attachment - Agenda Request ���Hu•ee�h. 2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Approving the Modification of a Construction Contract for Lake Smith Weir Improvements MEETING DATE: February20, 2018 ■ Background: In June 2017, the City executed a contract with Lynnhaven Marine and Dock, Inc. to provide construction services for the Lake Smith Weir Improvements as part of the execution of Lake Management II Capital Project (CIP # 7- 415). Due to unforeseen, i.e. underwater, site conditions, the contract requires modifications that exceed 25% of the original contract, and a memorandum from the City's Department of Public Works is attached to this item providing additional technical detail as to the extent of the required changes. ■ Considerations: The additional construction required to accomplish the scope of this project will increase the contract price by 54.4 percent over the original fixed- price contract amount of $920,712. The Virginia Public Procurement Act requires City Council approval of changes to contracts that exceed $50,000 or 25 percent of the original contract price, whichever is greater. In 2007, the City entered into a cost participation agreement with the City of Norfolk for improvements to the Lake Smith Spillway. That agreement caps Norfolk's liability at $500,000. Once the Lake Smith Weir Improvements are completed, the City intends to pursue additional cost participation from Norfolk for the change order. ■ Public Information: Public information will be handled through the normal media and communication channels. ■ Recommendations: Adopt the resolution ■ Attachments: Resolution; Memorandum dated February 2, 2018 Recommended Action: Approval Submitting Departme ency: Public Works City Manager: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A RESOLUTION APPROVING THE MODIFICATION OF A CONSTRUCTION CONTRACT FOR LAKE SMITH WEIR IMPROVEMENTS WHEREAS, in June 2017, the City executed a contract with Lynnhaven Marine and Dock, Inc. to provide construction services for the Lake Smith Weir Improvements as part of the execution of Lake Management II Capital Project (CIP # 7-415); and WHEREAS, due to unforeseen, i.e. underwater, site conditions, the contract requires modifications that exceed 25% of the original contract; and WHEREAS, the additional construction required to accomplish the scope of this project will increase the contract price by 54.4 percent over the original fixed-price contract amount of $920,712; and WHEREAS, the Virginia Public Procurement Act requires City Council approval of changes to contracts that exceed $50,000 or 25 percent of the original contract price, whichever is greater. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: The City Council hereby approves the modification of the aforementioned construction contract with Lynnhaven Marine and Dock, Inc. with a revised contract price of $1,421,532. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2018. APPROVED AS TO CONTENT: Department o,rPublic Works CA14272 R-1 February 2, 2018 APPROVED AS TO LEGAL SUFFICIENCY: iJ s '". City of Virginia S each > pp _UR NA110"/ VBg 4.Com OFFICE OF THE CITY MANAGER MUNICIPAL CENTER (757)385-4242 BUCDING 1, ROOM 234 FAX (757)427-5626 24O1COURTHOUSE DRIVE VIRGINIA BEACH, VRGINIA 2WB-9001 February 2, 2018 The Honorable Mayor William D. Sessoms, Jr. and Members of City Council Subject: Lake Smith Weir Improvements, PWCN-17-0002 Dear Mayor and Members of City Council: Attached is a memorandum from the Interim Director of Public Works regarding the Lake Smith Weir Improvement Project. The memorandum updates the project status and provides details for a Resolution Approving the Modification of a Construction Contract for Lake Smith Weir Improvements which will be on the February 20`h City Council Agenda. If you have any questions or need additional information, please contact Deputy City Manager Tom Leahy. Res iI y, v David L. Hansen City Manager DLH/TML Attachment cc: Thomas M. Leahy, Deputy City Manager Mark A. Johnson, P.E., Interim Director of Public Works Phillip D. Pullen, P.E., Acting City Engineer, Public Works/Engineering Tonia P. Alger, P.E., Stormwater Engineering Center Administrator, PW/Engineering qP z {uz ;416 (�s � A' I F DUR NA��01 �Z►-V V� PUBLIC WORKS DIRECTORS OFFICE (757)-385-8760 FAX(757)385-8387 TTY: 711 amity of Virgir>tia S each INTER -OFFICE MEMORANDUM DATE: February 2, 2018 TO: David L. Hansen, City Manager VIA: Thomas M. Leahy, Deputy City Manager FROM: ark A. Johnson, P.E., Interim Director of Public Works SUBJECT: Lake Smith Weir Improvements, PWCN-17-0002 4' E%`e''+LLXNit MUNICIPAL CENTER BUILDING NUMBER 2 2504Coini Js-DwE VIRGINIA BEACH, VA 23456 The Lake Smith Weir Improvements project is currently under construction and will replace the weir at Lake Smith. The existing weir controls the water surface elevation in Lake Smith. The new weir will be a longer concrete sheet weir with a slide gate. The City of Norfolk owns both Lake Smith and the Little Creek Reservoir along with the embankment for Northampton Boulevard. The City of Virginia Beach has a highway easement over the top of the embankment for Northampton Boulevard. Both cities have an interest in replacing the weir. Currently when the City of Norfolk wants to lower the water surface elevation in Lake Smith, it uses a truck -mounted winch to remove the weir stop logs, which can be difficult. The City of Virginia Beach requires the new weir to increase the water flow rate from Lake Smith under Northampton Boulevard to the Little Creek Reservoir when the water surface elevation in Lake Smith is higher than normal. This will reduce flooding in several Lake Smith neighborhoods including Lake Smith Terrace (Red Coat Road), Haygood Point (Crossborough Road), Lakeview Park, and Cypress Point. In order to deliver the project, an agreement was executed between the City of Norfolk and the City of Virginia Beach indicating that the City of Virginia Beach will administer the construction and the City of Norfolk will participate financially at 50% of the construction cost up to $500,000. A copy of the agreement is attached to this memo. The City of Virginia Beach issued a Notice to Proceed to Lynnhaven Marine and Docks Inc. (LMDI) in July 2017. The contract amount is $920,712. In November 2017, LMDI was installing the concrete sheet piles for the new weir and encountered obstructions between four and ten feet below the bottom of the lake. Since then, City of Virginia Beach staff, the design .9 jL-rc Ctty G ebf r Inter Department Correspondence Sheet TO: ...............MOM La.U.VgpArW 3-9jIJMtLes.. FROM ...__....._._Charles Stanley Prentace- Deputy City Attorney -------------------------------------------- COPIES TO: ._ ._ md the City Vir nia SUBJECT: --------Qui File 96.:"2 1 19=ill=CI'------------------------------------------------------------ May 24, 2007 Enclosed herewith please find the above -captioned docment. It is requested that you retain one original for your records and forward one original to the City of Virginia Beach, If you have any questions about this matter, please call me at 6644529. Charles Stanley Prerdace Deputy City Attorney �� MAY i 8 2007 David L. Hansen, City Manager Lake Smith Weir Improvements, PWCN-17-0002 February 2, 2018 Page 2 consultant, URS (now AECOM), LMDI, and City of Norfolk staff have been developing a plan to proceed. All agree on the current plan to remove the obstructions while protecting the embankment. The proposed cost of the new work is $500,820. This change order to the LMDI contract is a 54.4% increase. The Virginia Public Procurement Act (VPPA) requires City Council approval of changes to contracts that exceed $50,000 or twenty-five (25) percent of the original contract price, whichever is greater. Upon completion of this project, we intend to pursue a cost participation with the City of Norfolk in this change order. It is imperative that we execute this change order to allow construction to continue and not incur additional cost for delays. As such, we request City Council approval to exceed twenty-five (25) percent of the original contract price via a Resolution that will be on the February 20, 2018 City Council agenda. If you have any questions or need any further information, please feel free to contact me. MAJ/TAP/wej Attachment cc: Phillip D. Pullen, P.E., Acting City Engineer Tonia P. Alger, P.E., Stormwater Engineering Center Administrator Michael W. Mundy, P.E., Stormwater Program Manager Jeff S. Waller, P.E., Senior Project Manager CIP COST SHARING AGREMWEN'T CITY. OF NORFOLK AND CITY OF VIRGIIVIA BEACH LAKE SMITH SPILLWAY .This COST HARING AGREEMENT ("A t.) is into on the. day °f 20,Oby and between the CM OF NORFOLK, ("Norfolk") a •municipal corporation located in the Commonwealth of Virginia and the CITY OF VIRGINIA BEACH ("Virginia Beate"), a opal corporation located in the Coinmvnweaith of Virgiiti % WHBRU S, Norfolk desires to improve its spillway within Lake Smith 1 ("Spillway") to efiliame d�� 'and improve. safety; WHEREAS, Yirginiet Bead desces to improve the Spillway to remedy flooding; WHEREAS, Virg 1r4a Beach desires to eater into a contractual relationship to redesign and reconstruct the spillway ("Spillway Construction ABY"); and WHEREAS, Norfolk and Virginia Beach desire to share the cost of the Spillway •-14714--M • a NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein set forth and outer good and valuable considerations the receipt of which is acknowledged, Norfolk and Virginia Beach do mutually agree as follows: 1. S—P-M—VM Consirn9on dement. . Virginia Beach will enter into the Spillway Construction Agreement with a consultant ("Consultant") and contractor ("Con#ractor") for design and reconstruction of the Spillway. Norfolk shall have the I right to approve the Spillway Construction Agreement and any ancillary agreenjents in accordance with this Agreement, including but not limited to those provisions listed on Exhibit A attached hereto. 2.. CostSinsr%n� Norfolk agrees that Norfolk will reimburse Virginia Beach for fifty percent (50%) of the cost of the Spillway Construction Agreement. Notwithstanding any provision herein to tate contrary, Norfolk shall not be liable for any costs greater than fifty percent (50%) of the cost of the Spillway Construction Agreement, and the aggregate cost of the Spillway Construction Agreement shall not exceed ONE MILLION DOLLARS (V1,000 M.Da). 3. Apprnval of Plan. Norfolk shall have the right to review and approve construction plans for the Spillway Construction Agreement at the following stages of construction: 50% completion, 70% completion, 80% completion, and 90% completion. Approval by Norfolk of the construriidn plans will be the responsibility of the Ihrector, Norfolk Department of Utilities. If no response is given within thirty days of Norfbik s receipt of the construction plans, such plans shall be deemed approved for that stage. 4, Erosion and Sediment Control Plan Virginia Bench agrees to monitor and require Contractor to adhere to the state requirements in developing an erosion and sediment control plan. 5; Wurance. Virginia Beach will assure Norfolk that the Contractor is frilly insured for the work performed and provide a copy thereof. b. Arlon-liabili for &MM to Route 13. To the extent permitted by law, Virginia Beach agrees it will hold Norfolk harmless and indemnify Norfolk for any I liability or construction damage to Route 13 or the culvert st uchzre under Northampton Boulevard resulting from work performed under the Spillway Construction Agreement. 7. Surv�ing. Virginia Beach will ensure that appropriate and comprehensive survey work will be provided to identify any potential subsurface conditions including but not limited to obstructions and poor soil conditions, which would require a change and additional costs to the Spillway Construction Agreement. 8. ELMi t and PedformaneL §9nd. Vir&Wa Beach will assure Norfolk that the Contractor is fully bonded and provide a copy thereof. 9. Assize t. Neither Norfolk nor Virginia Beach shall assign or transfer any rights in the Agreement without the written consent of the other party. 10. AP�licable Law and YOM& This Agreement shall be governed in au respects by the laws of the Commonwealth of Virginia. In case of litigation related to #}lis Agreement the venue shall be in Circuit Court of the City of Norfok unless otherwise required by law. 11. BntirP AM= en#. This Agreement constitutes the entire agreement between Norfolk and Virginia Beach with respect to the subject matter contained herein and may not be amended except by a written agreement that acknowledges modification of this Agreement, and that is signed by an authorized representative of Norfolk and Virginia Beach. This Agreement will not be more strongly construed against either party, regardless of who is more responsible for its preparation. 3 12. CouOMMU—, This Agreement may, be executed in any number of counterparts, each will be considered an original, and together they will constitute one 13. AUIh2ft bo &MMkI. The terns of this Agreement are contractual and not mere recital, and the individuals executing this Agreement hereby represent and warrant that they have full and complete authority to covenant and agree as herein, Prmded and to execute this Agreement on behalf of the parties hereto. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers. ATTEST: City Clerk, NorfoJ APPROVED AS TO CONTENTS: DfreN of Director of Ut-Ii Norfolk QTY OF NORFOLK gy. ... � 'ty Mana r 4 APPROVED AS TO FORM AND CORRECTN' , Deputy City Attomey, T7o-r Tr, K- QTY OF VIRGINIA BEACH By: " I' .� City APPROVED AS TO CONTENTS: r fit: • • • •r •t :- APPROVED AS TO FORM/ -�- AND CORRECTNESS: f' Assistant City Attorney, Vwgffik Beach SPILLWAY CONSTRUMON AGRB$MENT MMALLY AGREED CONTRACrPROVISYOjgS 1. QMM OLders. Any change orders that are considered "substantial change in design," under the comnum interpretation, and greater than $5MM, must be approved and authorized'by %ruginia Beach and the Director, Department of Utilities for the City of Norfolk. The Director, Department of Utilities for the City of Norfolk shall be notified of all substantial construction change orders, 7. MIRStALIMPAGM. Norfolk shall have the right to review and approve all potential impacts to Lake Smith and the Norfolk Little Creels Reservoir. 3, Slee—1 Vie, Vixginia Beach and Norfolk shall agree together on the appropriate method of operation for the new elevation control gate. I hereby certify that the money required for #his Agree =d is in the City Treasury to the credit of the fund from which itis to be drawn and not appropriated for A=UNT.' WF 33 7(k� 3��3 { C deli retated warkl -$75,000 WF 33 ta05 r caltr►iciion rake work) - $425,000 Vendor Cade: CITYOP0350 AMOUNT: Q,aht ?Acr 0 1 01.2�S 1 Director of Finance Date 41 '�k1 6 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Appoint a Committee to Review and Assess the Pier Bids and Provide a Recommendation to the City Council and to Authorize a Transfer to Provide Support from the Dragas Center for Economic Analysis and Policy at Old Dominion University MEETING DATE: February 20, 2018 ■ Background: At a workshop briefing on January 9, 2018, the City staff requested and received informal direction to undertake a lease bid solicitation for a portion of the sandy beach aligning with 15th Street. On January 16th, the City Council held a public input session at its formal meeting. The City Council publicly announced the bids it received at its February 6th formal meeting in accordance with the requirements of the Code of Virginia for leases in excess of five years. The City received two bids. The Code provides for the Council to receive recommendations from the staff relative to any bids it receives. The Code also allows the Council to make "such other investigation as the council sees fit to make" regarding bids received. ■ Considerations: The committee (the "Committee") appointed by the attached resolution (the "Resolution") would provide an independent review of the lease bids. As described in the Resolution, the Committee is necessary because the City staff has interacted with the City of Virginia Beach Development Authority and Pier Place LLC with regard to the 15th Street pier and associated development. The Committee will allow an impartial review of the two lease proposals. The Committee will be supported by the Dragas Center for Economic Analysis and Policy at Old Dominion University. The Committee will be composed of one member appointed by each Councilmember. The Committee will have forty-five days to complete its review of the two proposals. Dr. Koch, Director of the Dragas Center for Economic Analysis, in an email to Councilmember Moss has confirmed that the Center is willing and capable of providing the support proposed in the Resolution, and the Resolution authorizes an amount of $20,000 for Old Dominion University. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Resolution Requested by Councilmembers Dyer and Moss REQUESTED BY COUNCILMEMBERS DYER AND MOSS 1 A RESOLUTION TO APPOINT A CITIZENS' 2 COMMITTEE TO REVIEW AND ASSESS THE PIER 3 BIDS AND PROVIDE A RECOMMENDATION TO 4 THE CITY COUNCIL AND TO AUTHORIZE A 5 TRANSFER TO PROVIDE SUPPORT FROM THE 6 DRAGAS CENTER FOR ECONOMIC ANALYSIS 7 AND POLICY AT OLD DOMINION UNIVERSITY 8 9 WHEREAS, the City has received two bids to lease City property for the 15th Street 10 pier development; and 11 12 WHEREAS, the City of Virginia Beach Development Authority is one of the two 13 bidders; and 14 15 WHEREAS, the City of Virginia Beach staff has interacted with the City of Virginia 16 Beach Development Authority and stakeholders of Pier Place, LLC with regard to a 15th 17 Street pier and associated development; and 18 19 WHEREAS, the Virginia Beach City Council shares the views of its fellow residents 20 on the importance of transparency and impartiality to avoid even the appearance of 21 favoritism; and 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA, THAT: 25 26 1. The City Council hereby establishes a Citizens' Committee composed of a 27 member appointed by each individual Councilmember, and such Committee shall be 28 supported by the Dragas Center for Economic Analysis and Policy at Old Dominion 29 University. No appointee shall have a relationship with the City, the City of Virginia Beach 30 Development Authority, Pier Place, LLC, any identified lenders or any contractors 31 providing services to the aforementioned entities that constitutes a conflict of interest 32 under statutes of the Commonwealth of Virginia. The appointments shall be made at the 33 March 6, 2018 formal session of the Council. 34 35 2. The Committee is charged with assessing the two proposals received and 36 making a recommendation to City Council within forty-five days of the appointment of the 37 members of the Committee. 38 39 3. The Dragas Center for Economic Analysis and Policy will be sought out to 40 provide technical assistance to the Committee so that the Committee can maintain its 41 independence and objectivity, and the Council authorizes the use of $20,000 from the 42 Reserve for Contingencies in the General Fund to pay for the work undertaken by Old 43 Dominion University through the Dragas Center. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of 12018. APPROVED AS TO LEGAL SUFFICIENCY: Qff_ic"M City Attomey CA14280 R-2 February 14, 2018 �7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing and Directing the City Manager to Execute an Intergovernmental Agreement Between the Virginia Department of Agriculture and Consumer Services and the City of Virginia Beach Regarding the Purchase of Agricultural Reserve Program Easements MEETING DATE: February 20, 2018 ■ Background: In 2017, the Virginia Department of Agriculture and Consumer Services ("VDACS") determined that the City of Virginia Beach (the "City") is eligible for additional State funding over the next two years in the maximum cumulative amount of $61,615.23, as reimbursement for certain costs to be incurred by the City in connection with the purchase of farmland preservation easements under the City's Agricultural Reserve Program ("ARP"). The City previously approved the receipt of funding from VDACS on June 24, 2008, January 27, 2009, February 23, 2010, February 22, 2011, June 14, 2011, January 24, 2012, January 22, 2013, March 11, 2014, February 24, 2015 and February 2, 2016 and February 7, 2017. Subject to the approval of the City Council, the City staff and VDACS have agreed upon the terms of an Intergovernmental Agreement (the "Agreement") providing for the additional funding. ■ Considerations: The Agreement provides that VDACS will reimburse the City for certain costs of acquiring ARP easements. Costs eligible for reimbursement include: (1) the costs of U.S. Treasury STRIPS bought by the City to fund the purchase of the easements, (2) the cost of appraisals, (3) attorney's fees, (4) the cost of surveys, (5) title insurance fees, and (6) public notice costs. The Agreement also allows the City to be reimbursed for other costs that, under current practice, are not incurred by the City in the course of acquiring ARP easements. These include certain debt service on the financed portion of the purchase price of an ARP easement and portions of the purchase price of an ARP easement that the City will prepay. The Agreement also places a maximum amount on the reimbursement for any single ARP transaction. That amount, however, is unlikely to be exceeded, and it is thus anticipated that the City will be reimbursed in any single transaction for 50% of the costs listed above, up to the maximum cumulative amount of $61,615.23. ■ Public Information: No special advertising is required. 0 Recommendations: Adoption of Resolution Attachments: Resolution and Summary of Terms Recommended Action: Approval Submitting DepartAgency: Agriculture Department City Manage `` 1 A RESOLUTION AUTHORIZING AND DIRECTING 2 THE CITY MANAGER TO EXECUTE AN 3 INTERGOVERNMENTAL AGREEMENT BETWEEN 4 THE VIRGINIA DEPARTMENT OF AGRICULTURE 5 AND CONSUMER SERVICES AND THE CITY OF 6 VIRGINIA BEACH REGARDING THE PURCHASE 7 OF AGRICULTURAL RESERVE PROGRAM 8 EASEMENTS 9 10 WHEREAS, the City of Virginia Beach (the "City") adopted the Agricultural Lands 11 Preservation Ordinance in May 1995, thereby establishing the Agricultural Reserve 12 Program ("ARP"), a comprehensive program for the preservation of agricultural lands 13 within the City; 14 15 WHEREAS, since its inception of the ARP, approximately 9,722 acres of land 16 have been placed under easements restricting development of the land to agricultural 17 uses; 18 19 WHEREAS, the General Assembly, by Chapter 836 of the 2017 Acts of 20 Assembly, has appropriated $250,000.00 in the fiscal year ending June 30, 2018 to the 21 Virginia Department of Agriculture and Consumer Services ("VDACS") for the 22 continuation of a state fund to match local governmental purchases of development 23 rights program funds for the preservation of working farms and forest lands; 24 25 WHEREAS, Section 3.2-201 of the Code of Virginia authorizes the VDACS Office 26 of Farmland Preservation to develop methods and sources of revenue for allocating 27 funds to localities to purchase agricultural conservation easements; 28 29 WHEREAS, VDACS has determined that the City is eligible to receive 30 contributions of funds from VDACS in reimbursement for certain costs the City will incur 31 in the course of purchasing ARP easements; 32 33 WHEREAS, the City and VDACS desire to enter into an agreement wherein 34 VDACS will agree to reimburse the City for certain costs incurred by the City in the 35 course of purchasing ARP easements, up to a cumulative maximum amount of 36 $61,615.23 for a period of two (2) years from the date of the agreement; 37 38 WHEREAS, a copy of the proposed agreement between the City and VDACS, 39 entitled "Intergovernmental Agreement Between Virginia Department of Agriculture and 40 Consumer Services and The City of Virginia Beach," dated December 31, 2017 (the 41 "Agreement"), is on file in the City Clerk's Office; 42 43 WHEREAS, a Summary of Terms of the said Agreement is attached hereto as 44 Exhibit A; and 45 WHEREAS, the City Council finds that the terms of the said Agreement are fair 46 and reasonable and would be of significant benefit to the City and its citizens by 47 providing an additional source of funds for the purchase of ARP easements. 48 49 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 50 OF VIRGINIA BEACH: 51 52 That the City Manager is hereby authorized and directed to execute the 53 Intergovernmental Agreement between the Virginia Department of Agriculture and 54 Consumer Services and the City of Virginia Beach, dated December 31, 2017, so long 55 as the terms are in accordance with the Summary of Terms attached hereto as Exhibit 56 A and incorporated herein, and such other terms, conditions, or modifications as may be 57 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney, 58 and to take such measures as are necessary or advisable to implement the Agreement. 59 60 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 61 VIRGINIA BEACH: 62 63 That the City Council hereby expresses its appreciation to the Governor, the 64 General Assembly and the Virginia Department of Agriculture and Consumer Services 65 for their continued commitment to the preservation of agriculture within the 66 Commonwealth of Virginia and the City of Virginia Beach. 67 68 Adopted by the Council of the City of Virginia Beach, Virginia on the day 69 of , 2018. Approved as to Content: Approved as to Legal Sufficiency: Dept. of Agriculture CA14210 R-1 January 30, 2018 4 City Attorney EXHIBIT A Summary of Terms Intergovernmental Agreement between Virginia Department of Agriculture and Consumer Services and The City of Virginia Beach (the "Agreement") Parties: The City of Virginia Beach (the "City") and the Virginia Department of Agriculture and Consumer Services ("VDACS"). Background: Since 2008, the City has been approved to receive a total of $1,820.970.20 from VDACS for reimbursement of costs associated with purchasing easements under the City's Agricultural Reserve Program ("ARP"), as follows: 6/24/08 — $ 403,219.75 1/27/09 — 49,900.00 2/23/10 — 93,932.19 2/22/11 — 12,500.00 6/14/11 — 54,247.37 1/24/12 — 110,952.46 1/22/13 — 160,715.64 3/11/14 — 149,678.46 2/24/15 — 286,983.46 2/02/16 — 411,890.87 02/07/17- 86,950.00 The City is now eligible to receive an additional $61,615.23 in VDACS funds. VDACS Responsibilities: VDACS will reimburse the City for certain costs of purchasing ARP easements. The maximum amount in new funding over the next two years is $61,615.23 under the Agreement. Reimbursable items include: • cost of Treasury STRIPS acquired to purchase the easement • title insurance • appraisals • physical surveys • reasonable attorney's fees • public notices • recordation fees Maximum reimbursement for a single purchase is equal to 50% of the sum of the amounts actually paid by the City for the purchase price of the easement and reimbursable costs. City of Virginia Beach Responsibilities: Obtain title insurance on City's purchased interest that covers an amount at least equal to the amount for which City requests reimbursement from VDACS. Utilize state funds to further protect agricultural lands by purchasing development rights. Submit an annual progress report to VDACS each year that the Agreement is in effect to: (i) describe any prospective properties and the status of any negotiations; (ii) provide estimated timeframes for execution of purchase agreements; (iii) describe City's public outreach program designed to educate various stakeholders; (iv) describe City's development and maintenance of a monitoring program; and (v) describe how City is continually evaluating the effectiveness of the ARP program. Enforce terms of each ARP easement. If City sells development rights back to the property owner, City must reimburse VDACS in an amount proportional to the VDACS contribution toward the total reimbursable cost of acquiring the ARP easement. Within 30 days of execution of the Agreement, City shall have available local funds greater than or equal to the allocation amount for the purpose of purchasing ARP easements. Duration and Termination: • Term is two years from the date of the Agreement (December 31, 2017 through December 31, 2019). • City may be recertified as eligible for future funding, but not guaranteed. • The Agreement may be terminated if the City fails to perform any of its obligations under the terms of the Agreement. • If the City fails to allocate the spending of the funds within the two year time period, monies will then be redistributed to other Purchase of Development Rights programs. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the City Manager to Execute an Interim Agreement for Preliminary Design and Site Work for the Sports Center Project MEETING DATE: February 20, 2018 ■ Background: The City of Virginia Beach received a consultant's study (the "Victus Study") in late 2016, which strongly indicated the capacity in the local market to support the development of a new indoor sports center (the "Sports Center") near the City's Convention Center. As discussed in the Victus Study, a new indoor sports center would have multiple favorable outcomes including additional hotel room nights, especially in the off-season, and reducing the sports tourism utilization of the Convention Center. The FY18 Capital Improvement Program ("CIP") included an appropriation of $4,000,000 for the initial design and planning of the Sports Center, and the CIP included a planning year number of $36,000,000 in FY19. At the July 18, 2017 Council meeting, the City Manager's Office presented a draft solicitation requesting PPEA proposals for the Sports Center. On September 26, 2017, the City received conceptual proposals from three firms. These conceptual proposals were posted on the City's website (www.vbgov.com) as required by the PPEA and the City's PPEA Guidelines, and the proposals remain posted today. The City requested detailed proposals from the three firms on or about October 17, 2017, and after receipt of detailed proposals, the City undertook detailed negotiations with the three firms that responded to the City's PPEA solicitation. The City staff briefed the City Council on January 9, 2018 with a staff recommendation to pursue an interim agreement for preliminary design and site work with MEB General Contractors, Inc. ("MEB"). The proposed interim agreement was posted on the City's website on Feb 2, 2017. ■ Considerations: An interim agreement with MEB will allow the City to advance the planning for the Sports Center project. As the various activities described in the interim agreements are completed, the parties will move toward the development of a comprehensive agreement for the design -build of the facility. Should the project advance to a comprehensive agreement for design -build, that comprehensive agreement would be separately posted and would require approval by the City Council. Attached to this agenda item is a summary of material terms for the interim agreement. Additionally, the entire interim agreement is attached hereto. ■ Public Information: Public information will be handled through the normal Council agenda process. Additionally, a public hearing on the PPEA proposals was held on February 6, 2018 as required by Virginia Code § 56-575.17(6). The proposals and interim agreement are posted on the City's website, www.vbgov.com. ■ Recommendations: Approve the resolution. ■ Attachments: Resolution; Summary of Material Terms; Interim Agreement; Disclosure Form Recommended Action: Approval Submitting D a entTAgency: City Manager's Office City Manager: 1 A RESOLUTION AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AN INTERIM 3 AGREEMENT FOR PRELIMINARY DESIGN AND 4 SITE WORK FOR THE SPORTS CENTER PROJECT 5 6 WHEREAS, on September 26, 2017, the City received conceptual proposals under 7 the Virginia Public -Private Education Facilities and Infrastructure Act ("PPEA") from three 8 firms in response to a solicitation by the City for a sports center facility (the "Sports 9 Center"); and 10 11 WHEREAS, the conceptual proposals were posted on the City's website 12 (www.vbgov.com) as required by the PPEA and the City's PPEA Guidelines; and 13 14 WHEREAS, after receipt of detailed proposals, the City undertook detailed 15 negotiations with the three firms that responded to the City's PPEA solicitation; and 16 17 WHEREAS, the City staff briefed the City Council on January 9, 2018 of its 18 recommendation to pursue an interim agreement for preliminary design and site work with 19 MEB General Contractors, Inc.; and 20 21 WHEREAS, a proposed interim agreement was posted on the City's website to 22 allow public review; and 23 24 WHEREAS, a public hearing was held on February 6, 2018 to allow the public to 25 provide input on the PPEA proposals as required by § 56-575.17.B; and 26 27 WHEREAS, a proposed interim agreement will allow the City to advance design 28 and site work for the Sports Center, which should also allow the development of a 29 proposed Comprehensive Agreement for consideration by the City Council; 30 31 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 32 OF VIRGINIA BEACH, VIRGINIA. THAT: 33 34 1. Based upon the City's review of the proposals received and information and advice 35 provided by City staff, the City Council determines that entering into an interim 36 agreement for the preliminary design, site work, and developing a proposed 37 comprehensive agreement with MEB General Contractors, Inc. will serve the 38 public purpose by advancing the project development of the proposed Sports 39 Center. 40 41 2. The City Manager or his designee is hereby directed to execute, after approval for 42 legal sufficiency by the City Attorney or his designee, the interim agreement 43 pursuant to the PPEA with MEB General Contractors. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2018. APPROVED AS TO CONTENT: City Manager's Offic CA14275 R-1 February 2, 2018 APPROVED AS TO LEGAL SUFFICIENCY: City A ey s O ice SUMMARY OF MATERIAL TERMS SPORTS CENTER (CIP 9-041) PPEA INTERIM AGREEMENT PARTIES: City of Virginia Beach ("City") MEB General Contractors, Inc. ("Developer") PURPOSE: Advance PPEA process toward the development of a comprehensive agreement for the design and construction of the Sports Center by funding certain activities such as preliminary design and development of a guaranteed maximum price. DEVELOPER TEAM: Construction Contractor: MEB General Contractors, Inc. Architects: Clark Nexsen; Hanbury; Integrated Consulting Group Mechanical/Electrical/Plumbing: Clark Nexsen Structural: Clark Nexsen Civil Engineer: Clark Nexsen Geotechnical: GET Solutions Hydraulic Track Consultant: Beynon Sports Surfaces Legal: Vandeventer Black LLP TERM: Date of execution until November 1, 2018. However, the Interim Agreement will terminate upon one of three things: (a) execution of a comprehensive agreement; (b) either parry providing notice of its intent to not proceed with the development of the project; (c) the expiration of the term. WORK ITEMS: 15% design and engineering; surveying; preliminary site work; detailed project delivery schedule; development of offer of guaranteed maximum price. COST: Not to exceed $2,336,971 INTERIM AGREEMENT THIS INTERIM AGREEMENT (this "Agreement"), dated as of January, 2018, (the "Effective Date"), between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "City") and MEB General Contractors, Inc., a Virginia corporation, ("Developer"'), recites and provides as follows: RECITALS: A. On September 26, 2017, the City received conceptual proposals, under the Virginia Public -Private Education Facilities and Infrastructure Act of 2002 ("PPEA") and the City's PPEA Guidelines ("Guidelines"), pursuant to a solicitation, RFP PWCN-18-0079, by the City for a Sports Center facility (the "Project"). B. After a request for detailed proposals, the City received detailed proposals on November 14, 2017, for the Project pursuant to a request by the City for such proposals. C. The Developer has submitted a conceptual and a detailed proposal (collectively, the "Proposal") in response to the City's requests for conceptual and detailed proposals. D. As permitted by the PPEA, the City and Developer now desire to enter into this Agreement to facilitate and support the efficient and comprehensive evaluation of the Project, as hereinafter more particularly set forth. AGREEMENT In consideration of the premises set forth in the Recitals, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Developer (each, a "Party' and together, the "Parties") hereby agree as follows: 1. Interim Agreement: Purpose. a. Interim Agreement. This Agreement is an "interim agreement" (as that term is used under the PPEA and the Guidelines) between the City and Developer in respect of the Project. Major components of the Project are outlined on the attached Exhibit A (unless otherwise indicated, or the context requires, each reference in this Agreement to an "Exhibit" or to a "Section" refers to an exhibit or a section of this Agreement, as applicable). b. Purpose. This Purpose of this Agreement is to engage Developer to produce for the City certain services, reports, plans, and recommendations (collectively, the "Deliverables") regarding the design and construction of the Project. The Deliverables are more specifically described in Exhibit B-2. The Parties anticipate that the City will use all, or a portion of, the Deliverables to determine whether to approve the Project and whether to pursue a Comprehensive Agreement with the Developer pursuant to the PPEA and the Guidelines. 2. Term. The term of this Agreement (the "Term") becomes effective as of the Effective Date and continues in effect until 5:00 PM local time in the City of Virginia Beach. Virginia (the "City'), on November 1, 2018, unless this Agreement expires or is terminated at an earlier date under a provision Interim Agreement — VB Sports Center of this Agreement. The Term may be extended by amendment of this Agreement, and such extensions shall be liberally granted so long as Developer and City are continuing negotiations and the work contemplated by this Agreement is in progress. 3. Deliverables; Schedule; Reports; Meetings; Monitoring; Finder Activities. a. Deliverables and Schedule. Deliverables in substantial compliance with "Schedule"). Developer will provide to the City the the schedule set forth in Exhibit B-3 (the b. Reports and Meetings. Developer will deliver monthly written progress reports to the City's designated project manager (the "City's Project Manager") beginning on the 30`h day of the Term and on each 30 -day anniversary of that initial reporting date occurring during the Term and a final such report on the last business day of the Term. In addition to any meetings or similar conferences specified in Exhibit B, Developer's designees as its project managers for the Project (the "Developer's Project Principals"), along with its other principal development team members, consultants and subcontractors (collectively, the "Developer's Project Team"), as appropriate, will participate in monthly meetings with all or portions of the group the City designates as its management team for the Project (the "City's Management Team") and its selected consultants. The City's Project Manager (or that manager's designee), in consultation with the designee of Developer's Project Principals, will specify the reasonable dates and times for these meetings. The City's Project Manager is authorized to cancel, or waive, any of these monthly meetings, or opt to conduct any of these meetings via telephone, video conference, or other similar means. Among any other reasonable purpose that the City's Project Manager may specify reasonably in advance, the participants in the monthly meetings will review (i) the then -current status of the Deliverables; (ii) new information related to the Deliverables or the Project; and (iii) Developer's performance under this Agreement. C. Monitoring. Members of the City's Project Management Team are entitled to monitor any of the work undertaken by, or for, Developer under this Agreement, so long as that monitoring does not unreasonably interfere with that work, or with Contractor, or any applicable subcontractor's business. 4. Developer Compensation and Reimbursements; Payments; Limitations; Audit. a. Compensation. As full and complete compensation for its production and provision of the Deliverables and its performance of any other obligations under this Agreement. the City will pay to Developer the amount the set forth in Exhibit B-2 as the "Pre - Development Fee". The Pre -Development Fee, and its components as listed in Exhibit B-2, are subject to adjustment by amendment to this Agreement if material changes in the Project Components, schedule, or other details of Project Design are required by the City. b. Payments. Developer will present an invoice to the City monthly, and will invoice the City according to the percentage completion of each Task listed on Exhibit B-1. Payment to be made in full within ten (10) days of the City's receipt of each monthly invoice so long as the Developer is in substantial compliance with all the terms of this Agreement. 2 Interim Agreement — PB Sports Center C. Limitations. The City's aggregate total liability to compensate and reimburse Developer in connection with this Agreement (whether as part of the Pre -Development Fee, as Compensable Cost, or otherwise) will not exceed $2,336,971.00, unless this Agreement is amended in accordance with paragraph 4.a above. Moreover, no travel, lodging or meal expenses associated with the Deliverables, nor any fines or similar penalties, associated with Developer's performance under this Agreement, and no costs or expenses associated with the negotiation or execution of this Agreement, nor any costs or expenses associated with the negotiation or execution of any Comprehensive Agreement, will be reimbursable as Compensable Costs. The Compensable Costs shall be limited to costs and expenses incurred in connection with the Deliverables and not costs and expenses previously incurred by Developer in connection with the Proposal or other actions taken prior to October 16, 2017. d. Audit. During the Term, and for a period not less than five years after the last payment is made to Developer under this Agreement, or the last day of the Term, whichever is later, Developer will keep and maintain complete and accurate records, books of account, reports and other data (the `Books and Records") pertaining to its performance, and the computation of compensation and reimbursements payable to Developer, under this Agreement. Upon reasonable notice from the City. Developer will make the Books and Records available during normal business hours for inspection and audit by the City and its designee, which may include the City and any other governmental entity providing funding in connection with the City's possible participation in the Project. The City will be entitled to copy all or any part of the Books and Records. 5. Project Approval; Possible Comprehensive Agreement. a. Approval Status. The City is still evaluating whether to approve the Project as part of its Capital Improvement Program. Accordingly, this Agreement is not, and is not intended to be, evidence of any such approval, or a promise or assurance that the City will approve the Project, or that the City will approve Developer; any Developer Principal; any Developer employee, manager, member, officer, owner, or principal; any entity in which Developer (or any Developer affiliate, manager, member, officer, owner, or principal) is a member or owner; any member of Developer's Project Team; or any other person or party, will be approved as the Project developer. Moreover, the City is not obligated, and will not be obligated, to provide such approval, or to enter into a Comprehensive Agreement (as that term is used under the PPEA and the Guidelines), another interim agreement, a partnership or joint venture agreement. or any other form of contract, arrangement or relationship with Developer; any Developer Principal; any Developer employee, manager, member, officer, owner, or principal; any entity in which Developer (or any Developer affiliate, manager. member, officer, owner, or principal) is a member or owner; any member of Developer's Project Team; or any other person or party with respect to the Project (or any other project), the Project developer, or for any other purpose. Developer has submitted the Proposal, has entered into the engagement evidenced by this Agreement, and will contribute to the evaluation process of the Project at its own risk and cost, except for its rights to compensation expressly set out in this Agreement. Moreover, should further negotiations in respect of the Project, or the Project developer (including any as to an amendment of this Agreement, or as to any possible Comprehensive Agreement for the Proposed Project) occur involving the City% or any representative of the City, or the government of the City and Developer; any Developer Principal; any Developer employee, manager, member, officer, owner, or principal; any entity 3 Interim _Agreement — UB Sports Center in which Developer (or any Developer affiliate, manager, member, officer, owner, or principal) is a member or owner; any member of Developer's Project Team; or any other person or party, the City is not, and will not be, obligated to complete or continue those negotiations, and the City may terminate any of those negotiations, as well as its evaluation of the Project, for any reason, or for no reason, in its sole discretion without liability, except for compensation expressly provided under this Agreement that may have been earned, and therefore due and payable, on or before such termination. The approval of the Project, any Project developer, and any further contract, arrangement or relationship as to the Project, requires passage of a binding resolution by the City Council of the City. b. Possible Comprehensive Agreement. That approval status described in Section 5(a) notwithstanding, during the Term, the City (in its sole discretion) may determine that it is appropriate to attempt to negotiate the form of a Comprehensive Agreement with Developer (or a Developer -designated affiliate or other Developer -designated party) that is acceptable to the City and the applicable party. If the City so determines, the City and that applicable party (to the extent not anticipated by the then -existing Schedule) will formulate a negotiating and drafting schedule for this task and will endeavor to produce such a Comprehensive Agreement in accordance with the applicable timetable. 6. Expiration/Termination of Term. a. This Agreement will automatically end upon the earliest of. (i) execution of a Comprehensive Agreement, or another interim agreement, in respect of the Project; (ii) the 5th business day after the date that either Party receives notice from the other that the Party giving notice does not intend to approve, or proceed with development of, the Project, or that it does not intend to otherwise pursue the Project with the other Party and elects to end this Agreement; or (iii) the expiration of the Term. If a Party ends this Agreement under clause (ii), immediately above, or the Term expires, all Deliverables then made or in production, including any work product, plans, projections, design concepts and other items delivered or due to be delivered to the City on or before the date of termination, or expiration, will become the property of the City upon delivery, the date of the termination, or the date of expiration of the Term, whichever is earlier; provided that the City has paid to Developer all sums which are due and payable to Developer as required by the terms of this Agreement. b. Upon expiration of this Agreement for any reason other than Developer's default declared in accordance with section 13 below, the City shall pay Developer for all completed or partially completed Tasks, according to the Fee for each Task in Exhibit B-1. 7. Designated Proiect Personnel. a. Developer. Developer's Project Principals, and the members of Developer's Project Team are all listed on Exhibit C. While this Agreement is in effect. Developer will cause each of Developer's Project Principals to devote sufficient time and attention to directing and overseeing Developer's performance under this Agreement, participate in all meetings and conferences specified in the Schedule or required under this Agreement, and to interact with members of the City's Project Management Team and the City's consultants and representatives for purposes of this Agreement. Developer may change the composition of 4 Interim Agreement — VB Sports Center Developer's Project Principals only upon receiving the prior consent of the City, which will not be unreasonably withheld. b. Com. The City's Project Manager and the members of the City's Project Management Team are all listed on Exhibit C-1. While this Agreement is in effect, the City will cause all the City's Project Management Team to devote sufficient time and attention to directing and overseeing the City's performance under this Agreement, and to interact with members of Developer's Project Principals for purposes of this Agreement. C. Operator. The City has retained, under separate Agreement, Eastern Sports Management, LLC. as its proposed Operator for the Project. The Operator will provide input and comments to the City and Developer to be considered for incorporation into the Deliverables. The Operator's input and comments must be approved by the City prior to incorporation into the Deliverables. 8. Accuracy of Proposal; Representation & Warranties. Developer represents and warrants to the City that (i) to the best of Developer's knowledge and belief as of the date of this Agreement all factual statements made in Developer's submissions to the City evidencing the Project (including those pertaining to prior experience and expertise) are true, accurate, and not misleading in any material respects, (ii) Developer has the expertise and capacities to produce and provide the Deliverables and to perform its other obligations under this Agreement, (iii) the data and other information contained within the Deliverables will be accurate and complete and its use for the purposes of this Agreement will not violate any law, or infringe or violate any property right, and (iv) Developer has full power and authority to enter into this Agreement, and the person[s] signing this Agreement on behalf of Developer has full power and authority to bind Developer under this Agreement. 9. Indemnification. Developer will indemnify the City (and the members of its board and its officers, employees and authorized representatives) from and against any loss, damage, expense, liability and expense (including reasonable attorneys' fees) arising from (i) bodily injury or property damage to the extent caused by the negligent or wrongful act, error, or omission of Developer, any member of Developer's Project Team, or any of Developer's or any of Developer's Project Team's employees, officers, contractors, agents or others for which Developer is legally responsible or who were otherwise acting on Developer's behalf, or (ii) the claims of third parties to the extent caused by the Developer's failure to perform its obligations, or its breach of any representation or warranty made, under this Agreement. provided in each case that the applicable claim is presented within two (2) years after the expiration or earlier termination of the Term. This indemnification provision (y) will survive the expiration of the Term or its earlier termination, and (z) is not, and is not to be construed as, a limitation of liability. 10. Independent Contractors. Developer, each of Developer's Project Team, and Operator are each independent contractors for all purposes of this Agreement. Neither Developer, each of Developer's Project Team, Operator, nor any of their employees, agents, subsidiaries or subcontractors is an employee, servant, agent, partner, or joint venturer of, or with, the City by reason of this Agreement, or any other reason. Neither the City, nor any of its employees, agents, or subcontractors is an employee, servant, agent, partner or joint venturer of, or with, Developer by reason of this Agreement. 5 Interim .dgreement — JB Sports Center 1 l . No Liability of Officials, Employees or Agents. No director, officer, official, employee, agent or representative of the City is, or will be, personally liable to Developer any of Developer's Project Team, or any successor in interest of any of them, as a consequence of any default or breach by the City for any sum that may become due to Developer, any of the Developer Project Team, or any successor in interest of any of them, or on any obligation incurred under this Agreement. No officer, official, employee, agent or representative of Developer or Developer's Project Team will be personally liable to the City, or any successor in interest, as a consequence of any default or breach by Developer or Developer's Project Team for any amount which may become due to the City or any successor in interest, or on any obligation incurred under this Agreement. 12. Insurance. a. Coverages. Developer, at its expense and not as a Compensable Cost, must carry the following insurance coverages: Workers' compensation insurance, commercial general liability insurance (on an occurrence basis), automobile liability insurance for any automobile owned or hired, and umbrella/excess liability insurance. The commercial general liability policy must be for a combined single limit for personal injury and property damage of not less than $1,000,000, and must provide coverage, at a minimum, for (i) broad form contractual liability specifically covering this Agreement, (ii) products liability and completed operations, and (iii) broad form property damage coverage. The automobile liability policy must a combined single limit policy for bodily injury and property damage of not less than $1,000,000). The umbrella/excess liability policy must be for a maximum single limit of $25,000,000) for supplementing the commercial general liability policy, workers' compensation and automobile liability policy. Workers' compensation coverage must conform to statutory requirements. b. Insurers; Insureds; Certificates. Developer's insurance policies required under this Agreement must be issued by companies authorized to do insurance business in the Commonwealth of Virginia and reasonably acceptable to the City. Those policies must be primary and non-contributory with any other insurance coverage or self insurance carried by the City with respect to any claims arising out of or in connection with this Agreement. The commercial general liability, automobile liability, and umbrella/excess liability insurance policies must name the City, its officers, employees and agents as additional insureds. Upon the Effective Date, and as may be reasonably required by the City during the Term, Developer must furnish certificates of insurance evidencing the required coverages. All insurance policies shall be in form, amounts and with such companies as are reasonably acceptable to the City, provided, however. each applicable insurer must have a Best's Insurance Rating of not less than `'A-". C. Insurance Related Covenants. Developer must (i) notify the City promptly after Developer learns of any loss, damage or injury related to or in connection with the Project or the performance or non-performance of under this Agreement; (ii) notify any applicable insurance carrier in compliance with the policy terms, (iii) take no action (such as admission of liability) that might bar the City fi-om obtaining any protection afforded by any policy the City may hold, or that might prejudice the City in its defense to any claim, demand or suit within limits prescribed by the policy or policies of insurance; and (iv) aid and cooperate with the City in every reasonable respect with respect to such insurance and any covered loss. 71 Interim Agreement — VB Sports Center d. Minimum Requirements. The required insurance coverages specified in this provision are minimum insurance coverages and coverage amounts, and those specifications are only for the purposes of this Agreement. The City has not assessed the risk to which Developer may be exposed, or the liability Developer may incur, in connection with this Agreement, nor has the City represented in any fashion that such coverages or coverage amounts are prudent or otherwise sufficient to protect Developer's interests. 13. Default; Remedies; Limitations. a. Default. If a Party fails to perform any of its obligations under this Agreement (a "Default'), the other Party is entitled to give notice to the defaulting Party, which must specify the Default and demand of performance. The defaulting Party must cure the specified Default within ten (10) calendar days after it receives the notice of Default. b. Remedies. If the defaulting Party does not cure the Default within that 10 -day period, the non -defaulting Party will be entitled to (i) terminate this Agreement immediately by giving notice of termination to the defaulting Party and (ii) pursue all other available remedies at law, or in equity, subject to the pre -conditions and limitations specified in this Agreement. C. Limitations. Notwithstanding anything in this Agreement, neither the City nor Developer will liable to the other Party for any punitive, indirect. or consequential damages arising in connection with this Agreement (including lost profits, opportunity costs. or any other damages). 14. Notices. To be effective, each notice, consent, approval, waiver, or similar communication or action required or permitted to be given under this Agreement (a "Notice") must be in writing and must be delivered either by private messenger service (including a nationally recognized overnight courier), or by USPS mail, addressed as provided in this provision. Each Notice will be considered given on the date it is provided to the applicable messenger, or to the USPS, as the case may be, and will be considered received on the date actually received, unless delivery is evaded, in which case, the date delivery is attempted will be considered the date the Notice is received. Each address set forth in this provision will continue in effect for all purposes under this Agreement unless a Party replaces its address information by appropriate new information by a Notice to the other Parties in compliance with this provision: To the City: Ronald H. Williams, Jr. Deputy City Manager City of Virginia Beach Office of the City Manager 2401 Courthouse Drive, Bld 1, Rm 234 Virginia Beach, VA 23456 Tel: 757-385-4242 Email: RWilliams a vbgov.co m VA Interim Agreement — VB Sports Center To the Developer: Mark Olmstead Senior Vice President MEB General Contractors, Inc. 4016 Holland Blvd. Chesapeake, VA 23323 Tel: 757-487-5858 Email: molmstead@mebec.com 15. Various Contract Matters. a. Governing Law; Binding Contract; Waiver. This Agreement is governed by the laws of the Commonwealth of Virginia without giving effect to its choice of law principles. This Agreement is binding upon, and inures to, the benefit of each of the Parties and their respective permitted legal successors and permitted assigns. The failure of a Party to demand strict performance of any provision, or to exercise any right conferred, under this Agreement is not, and is not to be construed as, a waiver or relinquishment of that Party's right to assert or rely on that provision or right in the future. Either Party, however, may elect to waive any right or benefit to which it is entitled under this Agreement. b. No Third Party Beneficiary or Other Similar Rights. There are no third - party beneficiaries to this Agreement. Accordingly, no third -party is entitled to make any claim under this Agreement for failure to perform or other breach under this Agreement. Only the Parties (and their respective permitted successors and permitted assigns) are entitled to rely upon the provisions of this Agreement. C. Compliance with Laws. Developer must comply, and must cause Developer Project Team, Developer's agents and subcontractors to comply, with all federal, state and local laws, rules, regulations and ordinances applicable to the performance of its obligations under this Agreement. d. Prior Agreements and Discussions. Any agreements (whether in writing or oral) between the City and Developer existing before or contemporaneously with this Agreement relating to the Project (or any prior versions of the Project) are superseded by this Agreement. All prior discussions and negotiations as to the Project (or any prior versions of this project) are merged into this Agreement. The submission of any unexecuted copy of this Agreement does not constitute an offer to be legally bound by the provisions of the document submitted; and no Party will be bound by this Agreement until it is approved, executed and delivered on behalf of by both of the Parties. e. Assignment. Developer is not entitled to assign its rights, nor delegate its duties, under this Agreement without the prior consent of the City, which consent the City may be withheld in its sole discretion. f. Entire Agreement; Amendment; Counterparts. This Agreement constitutes the entire agreement of the Parties as to the Project. This Agreement may only be amended or modified by a writing signed on behalf of each of the Parties. This Agreement may be Interim _Agreement — I B Sports Center signed in any number of counterparts, and, so long as each Party signs at least one counterpart, each signed counterpart evidences an original Agreement, but all signed counterparts together constitute but one Agreement. g. Rules of Usage and Interpretation. The captions in this Agreement are for convenience only and are not to be used in its interpretation. This Agreement shall not be construed against one Party, or the other Party, on the basis that its counsel drafted it or participated in its drafting. The worlds "include," "including." or words to similar purport are not to be construed to be words of limitation. References to a Party means and includes that Party and its permitted successors and permitted assigns. h. Venue. Any Iegal action, equitable cause, or other judicial proceeding with respect to this Agreement must be brought in the courts of the Commonwealth of Virginia in the City of Virginia Beach, or of the United States of America for the Eastern District of Virginia (Norfolk Division) and in no other courts. By signing this Agreement, each Party accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of those courts. [Signatures on next page.] 9 Interim Agreement — PB Sports Center WITNESS the following signatures and seals. ATTEST: City Clerk CITY OF VIRGINIA BEACH Name: Title: City Manager Date: MEB GENERAL CONTRACTORS, INC. By: Name: George Clarke Title: President Date: 10 Interim Agreement VB Sports Center Exhibit A — Major Components of Project Virginia Beach Sports Center Contract # PWCN-18-0079 Minimum Program Floor Space Elements: • 12 high-school sized hardwood basketball courts that can be converted to 6 collegiate -sized courts and, utilizing the same floor space, 24 volleyball courts • Sufficiently sized program floor space to accommodate other sports, in addition to the above, such as futsal and indoor field hockey programming • Remotely operated floor -to -ceiling screens/nets to separate the court surfaces • Physical structure of the programmed sports area must be clear -span without columns • Program space flooring should be of a hardwood consistent with that used for high-quality flooring for basketball courts • Ceiling heights need to be appropriate for basketball and volleyball activities. • Ceiling mounted, remotely operated, basketball hoop/backboard assemblies including an automatic rim -height adjustment capability • Ceiling mounted, remotely operated, volleyball stanchions/nets that can be raised/lowered • into playing position. • Current technology video/scoreboard package Minimum Support Space Elements: • Combination of built-in and portable bleacher systems to support viewing for at least 3,000 spectators including the ability to provide seating of 1,500 — 2,000 spectators around a "championship" court • Lobby/Entrance reception area designed for high -visibility of facility space including programming space • Elevated/Mezzanine and walkway space on at least one side for viewing of programming space and family/participant "camping" and optional consideration for dedicated coach/scouting observation area • Separate team/participant entrance and check-in area • Concessions/Vending food service area with kitchen/food prep space sufficiently sized to serve and seat spectators and participants on main floor as well as mezzanine level • Catering area to support catering delivery and prep area with outside access • Adequate storage space to support multi -sport equipment storage, maintenance material and equipment storage, administrative supply storage and vendor/concessionaire storage • Load-in/out access door(s) to the program space and storage space • Two designated official's locker room/changing room facilities (male/female) with designated access door from outside • Flexible meeting/team room space that can be divided into multiple rooms • Sufficient space for family and team participant "camping" space to accommodate up to 5,000 people • Sufficient office space for facility operations • Sports trainer/medical room with appropriate FF&E • Dedicated space for box office/ticketing • High-quality, energy efficient HVAC system Other Elements: • 200 meter, hydraulically banked, indoor track and field system, built to professional and NCAA standards that can be utilized for most major sports by use of court/mat overlays A-1 Interim Agreement — VB Sports Center Portable court and indoor turf component, consisting of either a roll-out turf system or portable court system Additional 30,000 SF of support amenity spaces as proposed by the Operator (udder Separate Interim Agreement) and as Approved by the City of Virginia Beach EXHIBIT B - 1 Virginia Beach Sports Center PPEA RFP for the City of Virginia Beach Virginia Beach Sports Center Contract # PWCN-18-0079 Cost Proposal Form MEB General Contractors, Inc. CIP 9-041 02/01/18 Div/lterni Description Total Interim Agreement 15% Design and Engineering - Architecture and Engineering Planning and Development $ 693,248.00 - Schematic Design Phase Architecture and Engineering $ 895,575.00 Project Planning Requirements - Surveying $ 37,500.00 - Review Fees and Permitting $ 2,000.00 - Environmental Analysis $ 21,929.00 PreliminarySite Work - Geotechnical Investigation $ 51,360.00 - Site Plan Concept Designs and Analysis $ 274,059.00 - Preconstruction Services $ 96,300.00 Deliverable for Comprehensive Agreement - Offer of Guaranteed Maximum Price $ 65,000.00 Allowances Allowances $ 200,000.00 TOTAL $ 2,336,971.00 Exhibit B - 2 Virginia Beach Sports Center Contract # PWCN-18-0079 List of Deliverables Preliminary Schematic Design Final Schematic Design Planning & Program Scope Requirements Summary report Conceptual Site Plan Options & Building options with Cost evaluations Initial 15% DD Final 15% DD Site Survey- selected site Geotechnical Report- selected site Offer of Guaranteed Maximum Price Total Project Schedule Exhibit B-2 Deliverables/Criteria Clarifications Planning & Program Scope Requirements Summary Report The Developer shall provide a copy of the planning study report containing the City approved program requirements upon completion of the study. The planning study will be conducted with the City of Virginia Beach representatives, Developer, Designers, and other essential stakeholders over the initial 2 months of the process. The planning study will evaluate 2 building programs/layouts detailed in the Schematic design and conceptual site plan sections below. The different building options will include 1) A Sports Center without a 200 -meter hydraulically banked indoor track and field; 2) A Sports Center with a 200 -meter hydraulically banked indoor track and field. These two layouts will be sited on 3 separate possible project sites (6 scenarios total). The sites are 1) The parking area south of the convention center and east / south east of the Veterans Memorial; 2) The parking area southwest of the convention center and west / southwest of the Veterans Memorial; 3) The parking area west of the convention center. Each different scenario presented will show building orientation and pros / cons with programmatic costs, potential impacts to utilities (water, sewer, stormwater, natural gas, electrical, etc.), and impacts to construction scheduling. The City will provide the appropriate building and planning code officials during design review meetings to assist with compliance issues. The Owner will use this deliverable to obtain a building program and site location approval from City Council. The schedule date for this deliverable is April 3, 2018. Schematic Design: The Developer shall review the program furnished by the City to ascertain the requirements of the Project and arrive at a mutual understanding of such requirements with the City. The Developer shall provide a preliminary evaluation of the Program and the Project budget requirements, each in terms of the other. Floor plan shall be submitted with scope and initial budget at the end of the Preliminary schematic review. Floor plan and layout modifications required by the City will be incorporated in the Final schematic submission to establish building footprint to proceed with the Preliminary Site Plan and Preliminary Design. The Developer shall review with the City alternative system approaches to design and construction of the Project. The Architect shall be prepared to discuss the probable cost ramifications with each alternative approach to determine approach for Preliminary design. This schedule shall include allowances for periods of time required for the City's review and approval of submissions and for review and approval of authorities having jurisdiction over the Project. It is anticipated that the majority of City reviews will take place during the bi- monthly meetings, allowing the design -build to fast-track design in accordance with the provided Exhibit B-3 Schedule, and not have to stop work during a "review period." The City will provide the appropriate building and planning code officials during design review meetings to assist with compliance issues. The Developer shall submit to the City a preliminary cost estimate (based on current area, volume or other unit costs) and six sets of progress prints (shall include site plan, floor plans. and main elevations) at each submission as indicated on Exhibit B-3. Cost Estimates will be provided at the following stages: • Completion of the Preliminary Schematic Design • Completion of the Final Schematic Design • Completion of the Initial 15% DD Design • Completion of the Final 15% DD Design • Preparation of GMP The Developer shall a schedule and present his proposed design in a review meeting with the City's Team. 15% Design Development: Based on the approved City's Schematic Design Documents the Developer shall prepare, for approval by the City, 15% Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the entire Project as to architectural. landscape architectural, exterior renderings/elevations, civil, structural, mechanical, and electrical systems, materials, furniture and equipment, and such other elements as may be appropriate. Level of detail shall meet or exceed the level of detail provided by the MEB Design -Build team in the Phase II submission of the RFP. The Developer shall research pertinent and applicable regulations and code requirements which affect this Project. The Developer's design shall meet the Building Code requirements established by the Authority Having Jurisdiction. The City will provide the appropriate building and planning code officials during design review meetings to assist with compliance issues. The Developer shall submit to the City a preliminary cost estimate based on (based on current area, volume or other unit costs) and two sets of progress prints and specifications for each scenario. The Developer's design shall include the requirements established in the City of Virginia Beach Public Works Facility Design Guidelines and the City of Virginia Beach Public Works Building Maintenance Construction Standards as applicable to the level of design set in this agreement. The Developer shall schedule and present his proposed design in a review meeting with the City's Team. Site Survey The Developer shall provide a copy of the site survey for the project site. Geotechnical Report The Developer shall provide the City with 2 printed copies of the copy of the completed geotechnical report and one electronic copy in .pdf format. The report shall include any geotechnical borings or subsurface investigation required for the Project. Conceptual Project Site Plan: The Developer shall prepare six different conceptual site plans for the Project. Each site plan shall show building orientation for that particular site as well as impacts to existing utilities (water, sewer, stormwater, natural gas, electrical, etc.). The design shall allow for functional outdoor space for additional "camping' and event space for tournament ancillary activities Parking does not need to be considered at this phase of the design process but will need to be added to the scope of work prior to submission of site plan. Guaranteed Maximum Price for the Design Build Agreement The Developer shall submit to the City a detailed Guaranteed Maximum Price for the approved building program and location of the Project necessary to complete the Project. Design, all divisions of construction, schedule, and contingencies (both City and Developer) necessary to provide a complete Project shall be included in the Guaranteed Maximum Price. The Guaranteed Maximum Price for the Project shall be submitted to the City by June 6, 2018. Total Project Schedule The Developer shall provide an accurate detailed schedule for the approved project (in MS Project or Primavera) to include for Construction Document Development, Bidding and Award, and the Construction Phases. Schedule shall include design milestones, construction milestones, major equipment installation, long lead items, substantial completion, final completion. turnover /occupancy, and start of operations by the Operator. The Total Project Schedule shall be submitted to the City by June 6, 2018. Allowances Allowances are contingent services to be Authorized by the City should additional effort be required during the Interim Agreement. C E O O T p a N E y o o E N p 6 m ro m c � v a c a o c a m ------------------------------- E U) 0 ot ot . �0to N w o .2 y m o m c LL_ d � � N A 9 z N E m mN o a a v� U .i E y a U U- m a t H m m m m cn m m m L� m co m CL m C� N m co NM m cb m co m m m N m o [7 m N m M m of N m m N LL O cp N N (7 V V In C7 (7 v In N 'm m N of N m m m OQ of W m m m m m m ✓ N �b Nob N N c7 a V to m O M N [D V i!J L i o m Q y � 75 N 75 y r O O Z5 ia O OQ Uy T O o R o M C m o� � � a• c � M o � y 9 a m LU M °3 o' W W 0 a V E a c 4yi Q mE aEi m o' Ln yr y N O) G s U -� U) E 75 C N i C C R n E _- n m m = U - ¢ a 3 c m E Q Z •� 9) N c � rL 0 E n. E y `m .a m m d - m 4 m` ' a m s n Q Interim Agreement — VB Sports Center Exhibit C- Project Principals; Project Team PROJECT PRINCIPALS Develo e}err - MEB General Contractors, Inc. M a D:_U Construction Contractor MEB General Contractors, Inc. Architects Clark Nexsen Hanbury Integrated Consulting Group Mechanical/Electrical/Plumbing Consultant Clark Nexsen Structural Consultant Clark Nexsen Civil Engineer Clark Nexsen Geotechnical Consultant GET Solutions Hydraulic Track Consultant Beynon Sports Surfaces Legal Vandeventer Black LLP Exhibit C Interim Agreement— VB Sports Center Exhibit C-1— City's Management Team Deputy City Manager Ronald H. Williams Jr. CVB Director Brad Van Dommelen CVB Project Manager Nancy Heiman FPW Facilities Thomas Nicholas DPW Facilities Kevin Jensen DPW Facilities Project Manager Richard Martinec City Attorney's Office Dayna Harmeyer Exhibit C 1 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 J APPLICANT DISCLOSURE Organization name: MEB General Contractors Inc. SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? if the answer to any item is YES, please Identify the firm or individual providing the service: YES SERVICE PROVIDER (use additional sheet�il DL -- C— needed)_-_ . ►1 ■ ►1 E Accounting and/or preparer of your tax return Financial Services (include + lending/banking institutions and current mortgage holders as applicable) Legal Services Broker/Contractor/Engineer/Other Service Providers Lewis & Co, PC TowneBank Vandeventer Black LLP MEB General Contractors Clark Nexsen Hanbury ICG, Inc. Beynon Sports Surfacing _ CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council- action upon this Application. Tg Briton Schwartz, Vice President 02/13/18 APPLICANT'S SIGNATURE PRINT NAME DATE '� v-lf v-(i; I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Petitioning the Commonwealth of Virginia to Convey Certain Real Property to the City of Virginia Beach MEETING GATE: February 20, 2018 ■ Background: In the 1960s, the Commonwealth of Virginia (the "Commonwealth") acquired property in connection with the construction, reconstruction, alteration„ maintenance and/or repair of the Norfolk -Virginia Beach Highway, also known as Route 44 (and now known as Interstate 264), Project 0044-134-101, RW -201 (the "Project"), as shown on plan sheet 502-13 attached to the Resolution and located in the City of Virginia Beach (the "City"). The Project has been completed; however, title to portions of the property acquired in connection with the Project remain vested in the Commonwealth (the "Remaining Property"). In 1965, the City constructed a park on an approximately 1.088 acre portion of the Remaining Property, located at 201 Doyle Way (GPIN: 1497-23-5157) (the "Park Parcel") and has continued to maintain the Park Parcel. The playground equipment on the Parr Parcel has reached the end of its life cycle,and the City desires to install new equipment and continue maintaining the parcel as a park. As part of maintaining the Parr Parcel, the City has also been maintaining an additional unimproved portion of the Remaining Property, consisting of approximately 0.167 acre, being a portion of Doyle Way (no GPIN) and a parcel identified as GPIN: 1497-33-0104 (collectively, the "Vacant Parcel"). The City and the Commonwealth desire to transfer title of the Park Parcel and the Vacant Parcel (collectively, the "Property") to the City, subject to the Commonwealth reserving unto itself the right to use the Vacant Parcel for emergency ingress and egress to Interstate 264, and subject to the Property reverting to the Commonwealth should the City discontinue using the Property for public purposes. The Commonwealth will not begin the process of transferring title to its property to a locality until that locality formally petitions the Commonwealth, pursuant to Virginia Code Sections 33.2-907 and 33.2-1001. IN Considerations: Conveyance of the Property to the City would not affect funding from the Commonwealth or increase costs to the City. 0 Public Information: Advertisement of City Council Agenda. ■ Alternatives: Commonwealth of Virginia retains title to the Property. ■ recommendations: Approval. 0 Attachments: Resolution, Plan Sheet, Location Map Recommended Action: Approval Submitting Depart -me Agency: Public Works 1 Real Estate City Manager: 1 RESOLUTION PETITIONING THE 2 COMMONWEALTH OF VIRGINIA TO 3 CONVEY CERTAIN REAL PROPERTY 4 TO THE CITY OF VIRGINIA BEACH 5 6 WHEREAS, the Commonwealth of Virginia (the "Commonwealth") acquired 7 property for the construction, reconstruction, alteration, maintenance and/or repair of the 8 Norfolk -Virginia Beach Highway, also known as Route 44 (now known as Interstate 9 264), a Limited Access Highway, Project 0044-134-101, RW -201 (the "Project"): as 10 shown on Sheet 502-13 of plans for said Project, attached hereto as Exhibit A and 11 incorporated herein; 12 13 WHEREAS, all aspects of the construction of the Project are complete and title to 14 portions of the parcels acquired in connection with the Project remain vested in the 15 Commonwealth (the "Remaining Property"); 16 17 WHEREAS, in 1965, the City of Virginia Beach (the "City) constructed a park on 18 an approximately 1.088 acre portion of the Remaining Property, known as 201 Doyle 19 Way (GPIN: 1497-23-5157) (the "Park Parcel"), and has continued to maintain the Park 20 Parcel; 21 22 WHEREAS, as part of maintaining the Park Parcel, the City has also been 23 maintaining an additional portion of the Remaining Property, consisting of approximately 24 0.167 acre, a portion of which is unimproved right-of-way known as Doyle Way and a 25 portion of which is identified as GPIN: 1497-33-0104 (collectively, the "Vacant Parcel"); 26 and 27 28 WHEREAS, City staff and City Council believe it would be in the best interest of 29 the City for the Park Parcel and the Vacant Parcel (collectively, the "Property") to be 30 conveyed to the City, subject to the Commonwealth's right of emergency ingress and 31 egress to Interstate 264, and subject to the Property reverting to the Commonwealth 32 should the City discontinue using the Property for public purposes. 33 34 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH, VIRGINIA: 36 37 1. That the City hereby petitions the Commonwealth of Virginia, 38 Transportation Board, pursuant to Sections 33.2-907 and 33.2-1001 of the Code of 39 Virginia, as amended, to convey the Property to the City, and to take such other actions 40 as necessary to complete the conveyance of the Property to the City, as contemplated 41 herein, and upon transfer, the Property shall cease being a part of the State Highway 42 System. 43 44 2. The City Manager, or his authorized designee, is hereby authorized to 45 execute any and all documents to complete the conveyance of title to the Property, so 46 long as said documents contain such terms, conditions and modifications as may be 47 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 49 of , 20 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Public Works1 Rea] Estate City Attorney APPROVED AS TO CONTENT: 3� Dept. s and Recreation CA14196 R-1 February 8, 2018 IT A z 0 �: p �5 0 0 >"F --I N rN Z ca 2.-a -9 (D 0 N CD 0 -9 o 0 00 p 00 m > 0 - > m CL .-j RED MAPLE LN m o = q CD m 0 0 (D C) 0 -n IV 4 0 > z m ;u m C) 67 C) C) Fu C) 0 > 0 0 CD Z m CL m m < m Q. 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APPOINTMENTS ADVERTISING ADVISORY COMMITTEE AUDIT COMMITTEE BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF CODING APPEALS BROADBAND STEERING COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE (COG) COMMUNITY POLICY AND MANAGEMENT TEAM HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PERSONNEL BOARD PLANNING COUNCIL RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT CITY OF VIRGINIA BEACH CITY MANAGER'S BRIEFINGS SUMMARY OF COUNCIL ACTIONS A. FORT STORY FIRE STATION UPDATE Chief David DATE:02/06/2018 PAGE: 1 D Hutcheson—Fire A B. LAKE EDWARD COMMUNITY Andrew Friedman, AGENDA V S ITEM # SUBJECT MOTION VOTE A E H E W B N E J S U I B P D N O K M S H L W O O Y L N A O O R S O T R E E E N S M I O O T I T R Y S E S S N I N D 1. CITY MANAGER'S BRIEFINGS A. FORT STORY FIRE STATION UPDATE Chief David Hutcheson—Fire B. LAKE EDWARD COMMUNITY Andrew Friedman, IMPROVEMENT INITIATIVE Director —Housing and Neighborhood Preservation Melanie Coffey, Permit Administrator —Public Works C. FEMA REIMBURSEMENT FUNDS Thomas M. Leahy, Deputy City Manager D. SPORTS CENTER PPEA INTERIM Ronald H. Williams, AGREEMENT Jr., Deputy City Manager IHIP CERTIFICATION CERTIFIED 10-0 Y Y Y Y Y Y Y A Y Y Y IV/V/ VI A-E F/G MINUTES: APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y January 16, 2018 H/I MAYOR'S PRESENTATION Dr. Amelia N. Ross - 1. African American Heritage Month Hammond I BID OPENING NO OTHER BID 1. LEASE OF CITY PROPERTY 15" Street Pier J PUBLIC COMMENT 13 SPEAKERS SPORTS CENTER PPEA PROPOSALS KA Ordinance to AMEND Sec. 2-121/ 2- ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y 123 of City Code re: Deferred CONSENT Compensation Plan 2 Resolution to ADOPT the ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y Commonwealth of Virginia 457 CONSENT Deferred Compensation Plan 3 Resolution to ADOPT the Virginia ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y Cash Match Plan as the Successor to CONSENT the Sheriff's Supplemental Retirement Plan CITY OF VIRGINIA BEACH Resolution to REITERATE ADOPTED 9-0 Y Y Y Y Y Y A A SUMMARY OF COUNCIL ACTIONS Y Y OPPOSITION to Offshore/Gas DATE:02/06/2018 PAGE: 2 B D Exploration SEEKING same A S EXEMPTION provided to State of AGENDA V T S ITEM # SUBJECT MOTION VOTE A E H E W B N E J S U I B P D N O K M S H L W O O Y L N A O O R S O T R E E E N S M I 0 0 5 T T R Y S E S S N N D 4 Resolution to REITERATE ADOPTED 9-0 Y Y Y Y Y Y A A Y Y Y OPPOSITION to Offshore/Gas B Exploration SEEKING same S EXEMPTION provided to State of T Florida A I N E D 5 Ordinance to APPROVE the sale of ADOPTED 8-2 N Y Y Y Y Y N A Y Y Y School Board property at 273 North Witchduck/ALLOW the School Board to retain the sale proceeds 6 Ordinance to DECLARE property at ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y 2305 Indian Hill Road and permanent CONSENT utility easement to be in EXCESS/AUTHORIZE City Manager to convey the property to Sylvia Thomas Clark and VACATE the easement 7 Ordinance to AUTHORIZE temporary ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y encroachments into a portion of City row CONSENT known as Viking Drive located at the front of 536 Viking Drive DISTRICT 6 - BEACH 8 Ordinance to ACCEPT/ ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y APPROPRIATE from Virginia CONSENT Department of Emergency Management to the FY 2017-18 Operating Budget: a. $3,500 re: City's Radiological Preparedness Program b $15,000 re: medically friendly shelter exercise C. S19,000 re: Community Emergency Response Team (CERT) 9 Ordinance to ACCEPT/APPROPRIATE: b. Option 2: Windsor Woods Drainage — ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y (REQUESTED BY ALL COUNCIL MEMBERS) Ul CONSUMER PROPERTIES, LLC for a APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y Variance to Section 4.4(b) of the Subdivision CONDITIONED, BY Regulations at 2311 Bosky Lane CONSENT DISTRICT 6 — BEACH CITY OF VIRGINIA BEACH MICHAEL BINETTI & JEFFREY APPROVED/ 10-0 Y Y Y Y Y Y Y A SUMMARY OF COUNCIL ACTIONS Y Y MURPHY for a Variance to Section 4.4(b) & CONDITIONED, BY DATE:02/06/2018 PAGE: 3 D (d) of the Subdivision Regulations at the West CONSENT A side of Riddick Lane AGENDA V S ITEM # SUBJECT MOTION VOTE A E H E W B N 3 E J 10-0 Y S U I Y Y B P D N 0 K M S H L W O 0 Y L N A O O R S 0 T R E E E N S M 1 0 O T I T R Y I S E I S I L_L_L_j N D 2 MICHAEL BINETTI & JEFFREY APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y MURPHY for a Variance to Section 4.4(b) & CONDITIONED, BY (d) of the Subdivision Regulations at the West CONSENT side of Riddick Lane DISTRICT 7 — PRINCESS ANNE 3 HH VB2, LLC for Modification of APPROVED AS 10-0 Y Y Y Y Y Y Y A Y Y Y Conditions at 400 33`d Street MODIFIED/ DISTRICT 6 — BEACH CONDITIONED, BY CONSENT 4 FRANKLIN JOHNSTON GROUP APPROVED AS 8-2 N Y Y Y Y Y N A Y Y Y MANAGEMENT & DEVELOPMENT, PROFFERED LLC and SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH for Conditional COZ at 273 North Witchduck Road DISTRICT 2 — KEMPSVILLE 5 LARRY GARRISON & HILLTOP APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y INVESTORS, LLC for a CUP at 1805 CONDITIONED, BY Virginia Beach Boulevard, Suite 102 CONSENT DISTRICT 6 — BEACH 6 LUCIANA CRESPO & THE BRUCE W. & APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y ELLEN B. GALLUP JOINT REVOCABLE CONDITIONED, BY INTER VIVOS TRUST AGREEMENT, CONSENT DATED DECEMBER 21, 2015, for a Conditional Use Permit re: tattoo parlor at 325 First Colonial Road DISTRICT 6 — BEACH 7 LYNNHAVEN MALL, LLC for Major APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y Entertainment Venue Signage Permit at CONDITIONED, BY 701/739/745,/757 /773 Lynnhaven Parkway; CONSENT 1001/1005/1009 Lynnhaven Mall Loop DISTRICT 3 — ROSE HALL K. APPOINTMENTS: RESCHEDULED B Y C 0 N S E N S U S ADVERTISING ADVISORY COMMITTEE AUDIT COMMITTEE BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF CODING APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE (COG) COMMUNITY POLICY AND MANAGEMENT TEAM GREEN RIBBON COMMITTEE CITY OF VIRGINIA BEACH MILITARY ECONOMIC SUMMARY OF COUNCIL ACTIONS DEVELOPMENT ADVISORY DATE:02/06/2018 PAGE: 4 D COMMITTEE A PERSONNEL BOARD AGENDA V S ITEM # SUBJECT MOTION VOTE A E H E W B N E J S U 1 B P D N 0 K M S H L W 0 0 Y L N A 0 0 R S 0 T R E E E N S M I 0 0 T T I R I Y I S I E I S I S N I N I D MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PERSONNEL BOARD RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA SOCIAL SERVICES ADVISORY BOARD STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION COMMUNITY ORGANIZATION Appointed: 10-0 Y Y Y Y Y Y Y A Y Y Y GRANT REVIEW AND Virginia Rountree ALLOCATION COMMITTEE (COG) At Large Unexpired Term thru 8/31/2020 L/M/N ADJOURNMENT 7:35 PM OPEN DIALOGUE 6 Speakers 7:54 PM