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HomeMy WebLinkAbout5-19-2020 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 0.N1/ BEAc MAYOR ROBERT M. "BOBBY"DYER,At Large �5 L VICE MAYOR JAMES L. WOOD,Lynnhaven—District S JESSICA P.ABBO7T,Kempsville—District 2 </' = 2 MICHAEL F.BERLUCCHI.Rose Hall—District 3 BARBARA M.HENLEY,Princess Anne—District 7 •x'F LOUTS R.JONES,Bayside—District 4 '• ��.-, : JOHN D.MOSS,At Large �. AARON R.ROUSE,At Large °F °,,, GUYK. TOWER,Beach—District 6 ROSEMARY WILSON,At Large SABRINA D. WOOTEN,Centerville—District 1 CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE ACTING CITY MANAGER-THOMAS M.LEAHY VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR May 19, 2020 FAX(757)385-5669 CITY AUDITOR-LYNDONS.REMIAS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - City Council Chamber- 4:00 PM A. COVID-19 UPDATE Dr. Demetria Lindsay, Director—Virginia Beach Health Department Erin Sutton, Director—Office of Emergency Management B. FORWARD VIRGINIA PHASE I UPDATE Steve Cover, Deputy City Manager Ronald H. Williams, Jr., Deputy City Manager II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION: Moment of Silence 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 INFORMAL and FORMAL SESSIONS March 3, 2020 SPECIAL SESSION BY ELECTRONIC MEANS March 31, 2020 April 7, 2020 April 22, 2020 April 28, 2020 April 30, 2020 G. BID OPENING 1. LEASE OF CITY PROPERTY—Telecommunication Facilities H. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY—Telecommunication Facilities T-Mobile Northeast, LLC off North Great Neck Road 2. SALE OF EXCESS CITY PROPERTY a. 228 Shipps Lane b. 206 Bob Lane 3. CONVEYANCE OF EASEMENT OVER CITY PROPERTY Near the Intersection of Columbus Street and Market Street Stokes Properties, LLC 4. NON-EXCLUSIVE SCOOTER FRANCHISE AGREEMENT a. Bird Rides, Inc., (Bird) b. Neutron Holdings, Inc., (Lime) c. Skinny Labs, Inc., (Spin) d. VeoRide, Inc., (Veo) 5. OPEN AIR CAFÉ FRANCHISE AGREEMENTS a. Kamales, Inc., t/a 9th Street Grill Café re Atlantic Avenue Sidewalk Café at 812 Atlantic Avenue b. 11th Street Tap House, LLC, t/a 11t Street Taphouse Bar and Grille Café re Boardwalk Café at 1011 Atlantic Avenue c. 11 th Street Tap House, LLC, t/a 11 th Street Taphouse Bar and Grille Café re Connector Park Café at 1011 Atlantic Avenue d. Calabrese Management Group, Inc., t/a Albie's Pizza Café re Atlantic Avenue Side Street Café at 200 21st Street e. A.C.A. Corporation, t/a Black Angus Café re Atlantic Avenue Sidewalk Café at 706 Atlantic Avenue f. 3001 Atlantic LLC, t/a Catch 31 Café re Boardwalk Café at 3001 Atlantic Avenue g. Virginia George Co., Inc., t/a Dough Boys Café re Atlantic Avenue Sidewalk Café at 2410 Atlantic Avenue h. 3315 Atlantic, LLC, t/a Lagerheads Café re Boardwalk Café at 3315 Atlantic Avenue i. 3315 Atlantic, LLC, t/a Lagerheads Café re Connector Park Café at 3315 Atlantic Avenue j. Crestline Hotels & Resorts, LLC, t/a Marriot Courtyard Café re Boardwalk Café at 2501 Atlantic Avenue k. Planet Pizza, Inc., t/a Planet Pizza Café re Atlantic Avenue Sidewalk Café at 812 Atlantic Avenue 1. Rock Fish Sea Grill, LLC, t/a Rockfish Café re Boardwalk Café at 1601 Atlantic Avenue m. Rock Fish Sea Grill, LLC, t/a Rockfish Café re Connector Park Café at 1601 Atlantic Avenue n. VB'S Raw Bar, Inc., t/a Seaside Raw Bar Café re Atlantic Avenue Sidewalk Café at 2014 Atlantic Avenue I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a Long-Term Ground Lease for a portion of City-Owned property located off North Great Neck Road to T-Mobile Northeast, LLC re maintaining and operating wireless telecommunications facilities 2. Ordinance to DECLARE the properties located at 228 Shipps Lane and 206 Bob Lane to be in EXCESS of the City's needs and AUTHORIZE the City Manager to sell the properties to the adjoining property owners 3. Ordinances to GRANT a Non-Exclusive Franchises re operate scooters in the public streets and rights-of-way to: a. Bird Rides, Inc., (Bird) b. Neutron Holdings, Inc., (Lime) c. Skinny Labs, Inc., (Spin) d. VeoRide, Inc., (Veo) 4. Ordinance to GRANT fourteen (14) Franchise Agreements re Open Air Cafés in the Resort Area: a. 3001 Atlantic LLC, t/a Catch 31 Café re Boardwalk Café at 3001 Atlantic Avenue b. 3315 Atlantic, LLC, t/a Lagerheads Café re Boardwalk Café at 3315 Atlantic Avenue c. 3315 Atlantic, LLC, t/a Lagerheads Café re Connector Park Café at 3315 Atlantic Avenue d. Kamales, Inc., t/a 9th Street Grill Café re Atlantic Avenue Sidewalk Café at 812 Atlantic Avenue e. Calabrese Management Group, Inc., t/a Albie's Pizza Café re Atlantic Avenue Side Street Café at 200 21 st Street f. A.C.A. Corporation, t/a Black Angus Café re Atlantic Avenue Sidewalk Café at 706 Atlantic Avenue g. Virginia George Co., Inc., t/a Dough Boys Café re Atlantic Avenue Sidewalk Café at 2410 Atlantic Avenue h. Crestline Hotels & Resorts, LLC, t/a Marriot Courtyard Café re Boardwalk Café at 2501 Atlantic Avenue i. Planet Pizza, Inc., t/a Planet Pizza Café re Atlantic Avenue Sidewalk Café at 812 Atlantic Avenue j. Rock Fish Sea Grill, LLC, t/a Rockfish Café re Connector Park Café at 1601 Atlantic Avenue k. Rock Fish Sea Grill, LLC, t/a Rockfish Café re Boardwalk Café at 1601 Atlantic Avenue 1. VB'S Raw Bar, Inc., t/a Seaside Raw Bar Café re Atlantic Avenue Sidewalk Café at 2014 Atlantic Avenue m. 11th Street Tap House, LLC, t/a 11th Street Taphouse Bar and Grille Café re Boardwalk Café at 1011 Atlantic Avenue n. 11th Street Tap House, LLC, t/a 11th Street Taphouse Bar and Grille Café re Connector Park Café at 1011 Atlantic Avenue 5. Ordinances to AUTHORIZE the City Manager to EXECUTE a Sponsorship Agreement re Something in the Water, LLC (Deferred from March 3, 2020)—STAFF RECOMMENDS THESE ITEMS BE WITHDRAWN AS THIS EVENT WAS CANCELLED a. $250,000 from the TIP (approved in the FY2019-20 Operating Budget) and in-kind contributions (Alternative 1 — Staff Proposal) b. $250,000 (approved in the FY2019-20 Operating Budget), in-kind contributions, and TRANSFER $250,000 from the TIP Fund- Reserve for Contingencies to FY2019-20 Convention and Visitors Bureau Operating Budget (Alternative 2—Requested by Mayor Dyer, Vice Mayor Wood and Council Members Berlucchi, Rouse, Tower, Wilson, and Wooten) 6. Ordinance to AUTHORIZE the City Manager to EXECUTE an agreement with the Virginia Beach School Board re use of school buses during the Something in the Water Festival and APPROPRIATE $250,000 in estimated reimbursements - STAFF RECOMMENDS THIS ITEM BE WITHDRAWN AS THIS EVENT WAS CANCELLED 7. Resolution to DIRECT the City Manager Study the Commercial Property Assessed Clean Energy(C-PACE) Program and CONSIDER the feasibility and desirability of implementation of a C-PACE Program for Virginia Beach(Requested by Council Members Abbott and Berlucchi) 8. Resolution to ADOPT a Reforestation Policy(Requested by City Council) 9. Ordinance to EXTEND the Sunset Date to April 5, 2021, re residential permit parking in the Historic Cavalier Shores Neighborhood 10. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as: a. Bass Inlet West at the rear of 2900 Wood Duck Drive re construct and maintain a proposed boat lift with a roof and, relocate a floating dock b. Lake Wesley at the rear of 464 Southside Road re construct and maintain a wood floating dock, aluminum ramp, boat lift and four (4) mooring piles 11. Resolutions to REQUEST the Virginia Department of Transportation(VDOT) ACCEPT: a. additional streets for Urban Maintenance Payments b. corrections to the road inventory for Urban Maintenance Payments 12. Ordinance to ESTABLISH CIP# 5-159 "Public Utilities Office Space Acquisition and Improvements—Water" and CIP# 6-159 "Public Utilities Office Space Acquisition and Improvements— Sewer" and TRANSFER $2.1 Million from the Water and Sewer Enterprise Fund re public utilities space consolidation and build-out effort 13. Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement between the City, the F-14 Tomcat Monument Association, and the Hampton Roads Squadron, The Association of Naval Aviation Inc., re F-14 Tomcat Monument at 25t' Street and Boardwalk; and, AUTHORIZE the City Manager to ACCEPT the Monument upon completion 14. Ordinance to APPROPRIATE $258,000 from Police Federal & State Seized Assets Special Revenue Fund to the FY2019-20 Police Department Operating Budget re purchase equipment and training- STAFF REQUESTS THIS ITEM BE WITHDRAWN AS THEY WILL RE-SUBMIT IN THE NEXT FISCAL YEAR 15. Ordinances to ACCEPT and APPROPRIATE: a. $58,000 from the Virginia Department of Emergency Management (VDEM) to the FY 2019-20 Emergency Management Operating Budget re conduct a regional Hazard Identification and Risk Assessment b. $201,556 from the Federal Emergency Management Agency (FEMA)to the FY2019-20 Fire Department Operating Budget re costs for mobilization of Virginia Task Force 2 Urban Search and Rescue team members to Puerto Rico to assist areas impacted by multiple earthquakes 16. Ordinances to TRANSFER from the General Fund Reserve for Contingencies: a. $177,466 to the FY2019-20 Department of Public Health Operating Budget re funding requirement for shared Public Health Office b. $373,537 to the FY2019-20 Voter Registration and Elections re funding for the June 2020 Primary K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************** The Agenda (including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to pmcgraw@a,vbgov.com or call 385-4303. MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - City Council Chamber- 4:00 PM A. COVID-19 UPDATE Dr. Demetria Lindsay, Director—Virginia Beach Health Department Erin Sutton, Director—Office of Emergency Management B. FORWARD VIRGINIA PHASE I UPDATE Steve Cover, Deputy City Manager Ronald H. Williams, Jr., Deputy City Manager II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION: Moment of Silence 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 INFORMAL and FORMAL SESSIONS March 3, 2020 SPECIAL SESSION BY ELECTRONIC MEANS March 31, 2020 April 7, 2020 April 22, 2020 April 28, 2020 April 30, 2020 G. BID OPENING 1. LEASE OF CITY PROPERTY—Telecommunication Facilities ll � s 4 6 I REQUEST FOR PROPOSALS LEASE ON CITY-OWNED PROPERTY FOR THE PURPOSE OF INSTALLING, MAINTAINING AND OPERATING TELECOMMUNICATIONS FACILITIES The City of Virginia Beach has received a proposal for a long-term lease on a certain portion of a City-owned parcel of land together with an access and utility easement appurtenant thereto,and accessory building housing equipment located off North Great Neck Road, Lynnhaven Borough, Virginia Beach,Virginia to T-Mobile Northeast,LLC. Additional bids will be received by the City until the date below. All bids must be in writing.The right to reject any and all bids is hereby expressly reserved. Further information, including a copy of the proposed lease,may be obtained by calling the Department of Facilities Management at (757)385-5885. Bids shall be read by the Mayor of the City of Virginia Beach at the regular meeting of the City Council which will be held in the Council Chamber, City Hall (Building #1) Virginia Beach Municipal Center on May 19,2020 at 6:00 p.m.,and after reading of the bids,the Council will either proceed with the consideration of the ordinance awarding the aforesaid lease or will defer the matter to a subsequent meeting. BIDS MUST BE RECEIVED NO LATER THAN FRIDAY,MAY 15,2020 AT 5:00 p.m. 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. All interested parties are invited to attend. Amanda Barnes City Clerk BEACON:Sunday,May 10 and 17,2020 H. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY—Telecommunication Facilities T-Mobile Northeast, LLC off North Great Neck Road 2. SALE OF EXCESS CITY PROPERTY a. 228 Shipps Lane b. 206 Bob Lane 3. CONVEYANCE OF EASEMENT OVER CITY PROPERTY Near the Intersection of Columbus Street and Market Street Stokes Properties, LLC 4. NON-EXCLUSIVE SCOOTER FRANCHISE AGREEMENT a. Bird Rides, Inc., (Bird) b. Neutron Holdings, Inc., (Lime) c. Skinny Labs, Inc., (Spin) d. VeoRide, Inc., (Veo) 5. OPEN AIR CAFÉ FRANCHISE AGREEMENTS a. Kamales, Inc., t/a 9th Street Grill Café re Atlantic Avenue Sidewalk Café at 812 Atlantic Avenue b. 11 th Street Tap House, LLC, t/a 11 th Street Taphouse Bar and Grille Café re Boardwalk Café at 1011 Atlantic Avenue c. 1 1th Street Tap House, LLC, t/a 1 1th Street Taphouse Bar and Grille Café re Connector Park Café at 1011 Atlantic Avenue d. Calabrese Management Group, Inc., t/a Albie's Pizza Café re Atlantic Avenue Side Street Café at 200 21 St Street e. A.C.A. Corporation, t/a Black Angus Café re Atlantic Avenue Sidewalk Café at 706 Atlantic Avenue f. 3001 Atlantic LLC, t/a Catch 31 Café re Boardwalk Café at 3001 Atlantic Avenue g. Virginia George Co., Inc., t/a Dough Boys Café re Atlantic Avenue Sidewalk Café at 2410 Atlantic Avenue h. 3315 Atlantic, LLC, t/a Lagerheads Café re Boardwalk Café at 3315 Atlantic Avenue i. 3315 Atlantic, LLC, t/a Lagerheads Café re Connector Park Café at 3315 Atlantic Avenue j. Crestline Hotels & Resorts, LLC, t/a Marriot Courtyard Café re Boardwalk Café at 2501 Atlantic Avenue k. Planet Pizza, Inc., t/a Planet Pizza Café re Atlantic Avenue Sidewalk Café at 812 Atlantic Avenue 1. Rock Fish Sea Grill, LLC, t/a Rockfish Café re Boardwalk Café at 1601 Atlantic Avenue m. Rock Fish Sea Grill, LLC, t/a Rockfish Café re Connector Park Café at 1601 Atlantic Avenue n. VB'S Raw Bar, Inc., t/a Seaside Raw Bar Cafe re Atlantic Avenue Sidewalk Café at 2014 Atlantic Avenue uae S is ,,,,,,,,,.., . ... a• ^° ,,. PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBIJC HEARING on Tuesday, May 19,2020 at 6:00 p.m.,in the Council Chamber,City Hall(Building #1)Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public comment regarding the proposed lease: A certain portion of a City-owned parcel of land together with an access and utility easement appurtenant thereto, and an accessory building housing equipment located off North Great Neck Road, Lynnhaven Borough,Virginia Beach,Virginia to T-Mobile Northeast,LLC. Any citizen wishing to make comments virtually during the public , hearing should follow a two-step process provided below: •Register for the WebEx at: https://vbgov.webex.com/vbgov/ onstage/g.php?MTI D=e952e53ca e0057870661fb1a581cec0d0 •Register with the City Clerk's Office by calling(757)385-4303 or via email at ABarnes8vbeov.com prior to 6:00 p.m.on May 19,2020 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. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON:May 10 and 17,2020 4:`a_ ` PUBLIC HEARING TO CONSIDER SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of City-owned properties,Tuesday,May 19,2020 at 6:00 p.m., in the Council Chamber, City Hall(Building#1)Virginia Beach Municipal Center.The properties to be sold are located at 228 Shipps Lane(GPIN:2417-25-7591)and 206 Bob Lane(GPIN:2407-75-1034).The purpose of this hearing will be to obtain public input to determine whether the properties should be declared"Excess of the City's needs" and be sold. Any citizen wishing to make comments virtually during the public hearing should follow a two-step process provided below: •Register for the WebEx at https://vbgov.webex.com/vbgov/o nstage/g.php?MTI D=e952e53cae 0057870661fb1a581cec0d0 •Register with the City Clerk's Office by calling(757)385-4303 or via email at Agarnes©vbeov.com prior to 6:00 p.m.on May 19,2020 Any questions concerning this matter should be directed to the Office of Real Estate, Building #23, at the Virginia Beach Municipal Center.The Real Estate Office telephone number is(757)385-4161. 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. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk Beacon:May 10,2020 r3GrN '811 rj ch. ti 2) >) • (7, tlJ PUBLIC HEARING GRANT OF EASEMENTS OVER CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, May 19, 2020, 6:00 p.m., in the Council Chamber,City Hall(Building #1)Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public input on the City's proposal to declare easements "excess of the City's needs" and authorize conveyance to Stokes Properties, LLC, in connection with the development of a hotel at Town Center,as follows: Access, terrace & landscaping and drainage easements, totaling approximately 7,777 sq.ft,on City- owned property known as GPINs: 1477-54-0223 and 14 7 7-54-12 73, located near the intersection of Columbus Street and Market Street. Any citizen wishing to make comments virtually during the public hearing should follow a two-step process provided below: •Register for the WebEx at: https://vbgov.webex.com/vbgov/o nstage/g.ph p?MTI D=e952e53cae 0057870661fb1a581cecOd0 •Register with the City Clerk's Office by calling(757) 385-4303 or via email at ABarnes@vbeov.com prior to 6:00 p.m.on May 19,2020 Any questions concerning this matter should be directed to the Dept of Economic Development,4525 Main Street, Suite 700, Virginia Beach, Virginia 23462, (757) 385-6464, (ecdev@vbeov.com). If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERKS OFFICE at 385- 4303;Hearing impaired call 711. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk Beacon:May 10,2020 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance 1) Declaring Easements in Excess of the City's Needs, 2)Approving the Conveyance of Easements, and 3)Authorizing Temporary Encroachments on City Property PUBLIC HEARING: May 19, 2020 (MEETING DATE: June 2, 2020) ■ Background: Stokes Properties, L.L.C. (the"Developer") is the owner of the 9,496 square foot parcel at 4571 Columbus Street (GPIN: 1477-54-0273), located near the intersection of Market Street and Columbus Street, east of the Dick's Sporting Goods Garage(the "Property"). The Developer has approached representatives of the City of Virginia Beach (the "City") and the City of Virginia Beach Development Authority(the"Authority") about constructing a 14-story, 120-room hotel on the Property (the "Project"). Due to the size of the Property, the Developer has requested that the City grant certain easements and temporary encroachments on adjacent City-owned land (GPINs: 1477- 54-0223 and 1477-54-1273) to allow development of the Project. The easements would be for(i)ingress/egress over City land, (ii)a terrace at the corner of Market and Columbus Streets, and (iii) drainage. The temporary encroachments would be to allow (i) a porte- cochere, and (ii) landscaping and decorative improvements. During the site plan review process, City staff requested that the Developer make certain improvement and considerations. As a part of the Project, the Developer, at its sole expense, has agreed to upgrade the sidewalks, relocate and upgrade the existing public pedestrian path on the City's property, relocate an existing waterline and provide funds for additional trees throughout Town Center. To satisfy its parking needs, the Developer has requested that the Authority allow use of the Town Center Public Parking System. No on-site parking is planned. A recent parking study commissioned by the Authority has confirmed that there is adequate excess parking to accommodate this request and the Authority will vote on this proposal the morning of May 12, 2020. To offset costs added to the Town Center Public Parking System, the Developer has agreed to have the Property included in the Town Center Special Services District, which would cause the Property to be subject to the special tax assessment. This change will come before City Council at a later date and would be effective as of the completion of the Project. • Considerations: The Project would bring additional hotel inventory to Town Center and would redevelop an underutilized parcel in Town Center. The easements and temporary encroachments would not interfere with the public's use of the right-of-way or the adjacent City-owned land. This item was originally part of the agenda for the City Council's March 17, 2020 formal meeting, but that meeting was canceled due to the Governor's COVID-19 Pandemic state of emergency declaration of March 12, 2020. • Public Information: This matter was briefed to City Council on March 10, 2020. A public hearing will be advertised on May 10, 2020 in The Virginian-Pilot. The public hearing will be held on May 19, 2020. Public notice will be provided via the normal City Council agenda process. • Alternatives: Approve the Ordinance as presented, deny approval of the Ordinance, or add conditions or modifications as desired by Council. • Recommendations: Approval. • Attachments: Ordinance Exhibit A (Ingress/Egress and Terrace Easements - GPIN: 1477-54-0223) Exhibit B (Ingress/Egress and Drainage Easements — GPIN: 1477-54-1273) Exhibit C (Encroachments — GPIN: 1477-54-1273) Draft Deed of Easement Draft Encroachment Agreement Location Map Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager: }'f,i L. 1 AN ORDINANCE 1) DECLARING EASEMENTS IN EXCESS 2 OF THE CITY'S NEEDS, 2) APPROVING THE CONVEYANCE 3 OF THE EASEMENTS, AND 3) AUTHORIZING TEMPORARY 4 ENCROACHMENTS ON CITY PROPERTY 5 6 WHEREAS, Stokes Properties, L.L.C. (the "Developer") is the owner of the 9,496 7 square foot parcel at 4571 Columbus Street (GPIN: 1477-54-0273), located near the 8 intersection of Market Street and Columbus Street, east of the Dick's Sporting Goods 9 Garage in Block 12 of Town Center (the "Property"); 10 11 WHEREAS, the Developer has approached representatives of the City of Virginia 12 Beach (the "City") and the City of Virginia Beach Development Authority (the "Authority") 13 about constructing a 14-story, 120-room hotel on the Property (the "Project"); 14 15 WHEREAS, the City owns two parcels of land adjacent to the Property, known as 16 GPINs: 1477-54-0223 and 1477-54-1273) (the "City Property"); 17 18 WHEREAS, due to the size of the Property, the Developer has requested that the 19 City grant certain easements and temporary encroachments on the City Property in order 20 to satisfy requirements related to development of the Project; 21 22 WHEREAS, the easements would be for (i) non-exclusive access, (ii) a terrace at 23 the corner of Market and Columbus Streets, and (iii) drainage (collectively, the 24 "Easements"), as more specifically shown on Exhibit A and Exhibit B attached hereto; 25 26 WHEREAS, the temporary encroachments would be to allow (i) a porte-cochere, 27 and (ii) landscaping and decorative improvements (collectively, the "Temporary 28 Encroachments"), as depicted on Exhibit C, attached hereto; 29 30 WHEREAS, as part of the Project, the Developer has agreed to make certain 31 improvements and considerations requested by City staff, including upgrading sidewalks, 32 relocating and upgrading the existing public pedestrian path on the City Property, and 33 providing funds for additional trees throughout Town Center; 34 35 WHEREAS, forms of the proposed Easement and Temporary Encroachment 36 documents have been included with the package provided to City Council; 37 38 WHEREAS, to satisfy its parking needs, the Developer has requested that the 39 Authority allow use of the Town Center Public Parking System since no on-site parking is 40 planned; 41 42 WHEREAS, a recent parking study commissioned by the Authority has confirmed 43 that there is adequate excess parking to accommodate this request and the Authority 44 will vote on this proposal on March 17, 2020; 45 WHEREAS, the Developer has represented that without the City's approval of the 46 Easements and Temporary Encroachments, and without the Authority's approval to use 47 the Town Center Public Parking System, the Project would not be possible, nor would the 48 improvements requested by the City be constructed; 49 50 WHEREAS, City staff supports the additional hotel inventory at Town Center and 51 further supports granting and authorizing the Easements and Temporary Encroachments; 52 and 53 54 WHEREAS, City Council is of the opinion that developing the Property, as 55 proposed by the Developer, will have an overall positive impact on the City of Virginia 56 Beach and its citizens. 57 58 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 59 VIRGINIA BEACH, VIRGINIA: 60 61 1. That the Easements contemplated herein are hereby declared to be in 62 excess of the needs of the City of Virginia Beach. 63 64 2. That pursuant to the authority and to the extent thereof contained in §§15.2- 65 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Developer, or its successor 66 in title is authorized to construct and maintain the Temporary Encroachments upon 67 portions of the City Property, as shown on Exhibit C, attached hereto and made a part 68 hereof. 69 70 3. That the Temporary Encroachments are expressly subject to those terms, 71 conditions and criteria contained in an agreement between the City and the Developer 72 (the "Agreement"), an unexecuted form of which has been presented to City Council in its 73 agenda, and will be recorded among the records of the Clerk's Office of the Circuit Court 74 of the City of Virginia Beach. 75 76 4. That the City Manager, or his designee, is hereby authorized to execute any 77 and all documents necessary (i) to convey the Easements to the Developer, and (ii) to 78 authorize the Temporary Encroachments, so long as the documents are in substantial 79 accordance with the Agreement and Exhibits A, B & C, attached hereto and made a part 80 hereof, and such other terms, conditions or modifications as may be acceptable to the 81 City Manager and in a form deemed satisfactory by the City Attorney. 82 83 This Ordinance shall be effective from the date of its adoption. 84 85 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 86 , 2020. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO CITY COUNCIL APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Eco ' is Development City Attorney's Office VA1`t857 S1\Applications\CityLawProd\ycom32\Wpdocs\D030\P011\00013007.DOC R-1 March 5, 2020 EXHIBIT A NOTES (Page 1 of 2) 1. THE INTENT OF THIS EXHIBIT IS TO SHOW VARIABLE WIDTH PRIVATE TERRACE EASEMENT & VARIABLE WIDTH PRIVATE INGRESS/EGRESS EASEMENT TO BE ESTABLISHED ON PART OF LOTS 1-2, BLOCK 47, GPIN 1477-54-0223. 2. NORTH MERIDIAN SHOWN HEREON IS BASED ON VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD83/93 HARN. N/F MINIM'.SIFT a CITY OF VIRGINIA BEACH ({/�/�J' 'E WOW RAP) s A MUNICIPAL CORPORATION INS, (kg S, PG 201%DB 1�56 PG 235) g z THE STATE OF VIRGINIA �MB 110, PG 12) c, z (DB 1585, PG 518) w t,1 PART OF LOTS 1-2, BLOCK 47 a ( iIOPPG 201)G b �\ (MB12) :89.35'49"E 30.00' a GPIN:1477-54-0223 1 ee LN 3474279.42 cn N L C3 .:•r• •a • •. • L11•..•• E 12175040.71 3 L12(TIE) C4 : 5 C7 C6 PROPOSED VARIABLE WIDTH PRIVATE CS TERRACE EASEMENT 1 V////J DENOTES L14 S". •.�:•.•:r- (810 SQ.FT./0.019 AC.) PROPOSED VARIABLE WIDTH PRIVATE I N.) INGRESS/EGRESS EASEMENT AREA 1 (103 SQ.FT./0.002 AC.) N/F ' STOKES PROPERTIES, LLC c •< z - (INSTR. 20160727000646000 o o '.•' •' m PART OF LOTS 3-6, BLOCK 47 (MB 5, PG 201) Qk , k P y h (DB 1356, PG 235) C. -',Z o (MB 110, PG 12) u m J cI P. LOT I LOT 2 GPIN:1477-54-0273 .t I _J- = LOT4 L10 I 42 V///A DENOTESI N 3474184..3 PROPOSED VARIABLE WIDTH PRIVATE1., ' L6 12175041.38 INGRESS/EGRESS EASEMENT L8 L7 AREA 2 (320 SQ.FT./0.007 AC.) ` ��PROPOSED VARIABLE WID1N ' // /)10E 89'35'49'W 150.00'� NONEXCLUSIVE PRIVATE CITY OF VIRGINIA BEACH j.:'•' '•' •'•� INGRESS/EGRESS EASEMENT A MUNICIPAL CORPORATION IN THE :•' .;'•••,••:' .;'•••••• (3,633 SQ.FT./0.083 AC.) •. • . STATE OF VIRGINIA • (SEE EXHIBIT B) •.::'•.• •' .•.(DB 1252, PG 222)(DB 1585, PG 518)•••••::•'..•: • •••'•.•:: PROPOSED 20' NONEXCLUSIVE PART OF LOTS 7-22 & ALL OF LOTS••' // PRIVATE DRAINAGE EASEMENT �.��--= 23-44, BLOCK 47 (2,911 SQ.FT./0.067 AC.) f (MB 5, PG 201)(MB 1 f0, PG 12) (SEE EXHIBIT B) GPIN:1477-54-1273 I ) 1,TH of o — •-P4, 0' 20' 40 EXHIBIT SHOWING gillPegilidillICA 7. IMMI EASEMENTS FROM THE CITY OF VIRGINIA BEACH �JEFFREY J. VIERRETHERa GRAPHIC SCALE TO STOKES PROPERTIES, L.L.C. Lic. No. 2306 VIRGINIA BEACH, VIRGINIA 3-3-2020 1'=20' < MARCH 3, 2020 "l^'O SUR�„yO� SEE SHEET 2 OF 2 FOR UNE & CURVE M S A P_C TABLES. ■■^■■^■■ Fnvirormrerrhalscierices•Plann rig•Sury ■■,C■�■■ ■■11\/,I�■■ eyuig ■■It. /,I i■■ ■■1 imp pg. Civil&Environmental Engineering•Landscape Architect m ■■��►�r�i UI■ ■■�!�[ ! ■ ■■!u'iu■ ■■■/m..■ 5032 Rouse Dr.,Suite 100,Virginia Beach,VA 23462 ■■■/sh„:44■ DWN BY: CJS ■■■p.`7��■ 757 490-9264(Ofc) ■■■II,"-��■ JOB# 16235 CU LZEN wwa msaonline com MISMag •• SHEET: 1 OF 2 SCALE: 1" = 20' EXHIBIT A (Page 2 of 2) LINE TABLE UNE # DIRECTION LENGTH L1 N 89'35'49" E 17.00' L2 S 0'24'11" E 48.50' L3 S 89'59'55" W 13.10' L4 N 29'57'14" W 7.91' L5 N 0'24'11" W 41.53' L6 N 89'35'49* E 41.50' L7 S 0'24'11" E 5.51' L8 S 89'35'49" W 50.00' L9 N 0'24'11" W 12.76' L10 N 89'38'08" E 5.14' L11 S 0'24'11" E 1.50' L12 N 62'20'33" E 16.18' L13 N 51'01'17" E 13.17' L14 S 0'24'11" E 6.21' CURVE TABLE CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA Cl 20.00' 31.42' 20.00' 28.28' N44' 35' 49"E 90'00'00" C2 9.50' 8.24' 4.40' 7.99' S25' 15' 55"E 49'43'15" C3 3.70' 7.19' 5.42' 6.11' S7' 46' 27"E 111'20'21" C4 50.43' 8.05' 4.03' 8.04' S70' 03' 51"E 9'08'34" C5 56.43' 10.70' 5.37' 10.68' N70' 55' 00"W 10'51'50" C6 9.48' 3.94' 2.00' 3.91' N53' 27' 55'W 23'49'33' C7 3.99' 6.06' 3.79' 5.50' N80' 37' 58"W 87'05'18" �pyTH pF , 19,6 EXHIBIT SHOWING EASEMENTS FROM °JEFFREY J. VIERRETHER ' THE CITY OF VIRGINIA BEACH TO STOKES PROPERTIES, L.L.C. Lic. No. 2306 VIRGINIA BEACH, VIRGINIA 3-3-2020 MARCH 3, 2020 K.14 SUg`i -k" M P . ■■M■■^■■ ■■riumn Environmental Sciences•Planning•Survey' ■■11\/,11■■ ■■ILIWI ■■ ■■111'j .\■ Civil&L-uvuvDmental Engineering•Landscape Lecture ■■Ikw!m a MULL b iu■ 5032 Rouse Dr.,Suite 100,Virginia Beach,VA 23462 ■■",11�4■ DWN BY: CJS ■▪■■�!;��■ 757 490-9264(Ofc)vvw�.msaonline.com ■■■r =��■ JOB# 16235 ■■■LG■■■ ■■■iV■■■ SHEET: 2 OF 2 ■■C■611■■ �,'■■G■L2■■ SCALE: NA NOTES: EXHIBIT B (Page 1 of 2) 1. THE INTENT OF THIS EXHIBIT IS TO SHOW VARIABLE WIDTH PRIVATE INGRESS/EGRESS EASEMENT AND 20' PRIVATE DRAINAGE EASEMENT TO BE ESTABLISHED ON PART OF LOTS 7-22 & ALL OF LOTS 23-44 BLOCK 47, GPIN 1477-54-1273. 2. NORTH MERIDIAN SHOWN HEREON IS BASED ON VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD83/93 HARN. ..:.,..: -PROPOSED VARIABLE WIDTH PRIVATE I I TERRACE EASEMENT N/F CITY OF VIRGINIA BEACH (810 SQ.FT./0.019 AC.) (SEE EXHIBIT A) A MUNICIPAL CORPORATION IN THE STATE OF VIRGINIA N/F f rn (DB 1585, PG 518) ISTOKES PROPERTIES, LLC ��i PART OF LOTS 1-2, BLOCK 471 (INSTR. 20160727000646000) (MB 5, PG 201) PART OF LOTS 3-6, BLOCK 47fil z (MB 110, PG 12) (MB 5, PG 201)41GPIN:1477-54-0223 (DB 1356, PG 235) oN 3474184.07 (MB 110, PG 12) LOT 6�' / E 12174991.38GPIN:1477-54-D 73 ' / LOT 1 LOT 2LOT 3LOT 4 LOT 5L8v Q �1////// ��N ricriE),. /�////��/�` S89'35'49"W150.00' (0/A)�„ 1..L10.' `7 • • C1 ':' • • • �� L3 9 ( C2 PROPOSED VARIABLE F.`•`•''•'.*''•`''J DENOTES r/////j DENOTES WIDTH PRIVATE PROPOSED 20' PROPOSED VARIABLE WIDTH L4 INGRESS/EGRESS NONEXCLUSIVE PRIVATE NONEXCLUSIVE PRIVATE C AREA 2 (320 DRAINAGE EASEMENT INGRESS/EGRESS EASEMENT o SQ.FT./O.007 AC.) (2,911 SaFT./0.067 AC.) (3,633 SQ.FT./0.083 AC.) kJ m (SEE EXHIBIT A) N F u CITY OF VI GINIA BEACH 1j ti o A MUNICIPAL CORPORATION IN THE Wti V STATE OF VIRGINIA L.j, As -- -, (DB 1252, PG 222)(DB 1585, PG 518) y m PART OF LOTS 7-22 & ALL OF LOTS I I I 23-44, BLOCK 47 I (MB 5, PG 201)(MB 110, PG 12) o GPIN:1477-54-1273 L CT 23 LOT 24 LOT 25 i LOT 26 LOT 27 LOT 28 LOT 25 I I I I I I ' N 3474059.07 I I I I fE 12174992.26 S89'35'49"W 400.00' S(X/?HFA)V 801/LEYARD 0/A/a481.1 MDIhr RM (FGRMERL Y LAFAKETT STREET) (MB 5, PG 209(,1i' 1la PG 12) -41'pyTH op G f�, 5WING 'I EASEMENTSXHIBITOFROM Y J. VIERRETHER THE CITY OF VIRGINIA BEACH Lic. No. 2306 GRAPHIC SCALE TO STOKES PROPERTIES, L.L.C. 3-3-2020 1"=25' VIRGINIA BEACH, VIRGINIA MARCH 3, 2020 AND SUR`JC SEE SHEET 2 OF 2 FOR UNE & CURVE M S A. P_C TABLES. ■■ri■■^■■ Envinorunetttal silences•Planning•Sury ■■'I■■'!■■ ■■IO Ai i■■ e} ■■11\rl I■■ ■■II►1r/i!el. Civil&Envimn.....—Engineering•Landscape Arcltitecnne ■■okirs RAN MENU U. M ■■■rgio■ 5032 Rouse Dr.,Suite 100,Virginia Beach,VA 23462 ■■■rihokJ■ DWN BY: CJS ■■■IA,`11P■ 757-490-9264(Ofc) ■■■■��'=�7 ■ t■ JOB# 16235 ■■■":'■■■ www.msaonline.com ■ NG: ■ SHEET: 1 OF 2 ■■C■62■■ ■■G■6A■■ SCALE: 1" = 25' EXHIBIT B (Page 2 of 2) LINE TABLE LINE # DIRECTION LENGTH L1 N 0'24'11" W 37.24' L2 N 89'35'49" E 139.42' L3 S 89'35'49" W 93.56' L4 S 89'37'03" W 1.21' L5 N 0'24'11" W 20.06' L6 N 85'15'28° E 125.21' L7 N 024'11° W 1.02' L8 N 89'35'49" E 20.00' L9 S 0'24'11" E 19.56' L10 S 8515'28" W 145.26' L11 S 02411" E 10.50' CURVE TABLE CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA Cl 37.50' 49.04' 28.74' 45.62' S52' 08' 04"W 74'55'29" C2 8.50' 14.35' 9.56' 12.71' S41' 13' 45"W 96'44'08" ��pyTHopG III 6 EXHIBIT SHOWING EASEMENTS FROM °JEFFREY J. VIERRETHERa THE CITY OF VIRGINIA BEACH Lic. No. 2306 TO STOKES PROPERTIES, L.L.C. 3-3-2020 VIRGINIA BEACH, VIRGINIA MARCH 3, 2020 '/Vo SUR\ick- MSA� P . ■■^■■^■■ En Environmental sciences•Pla n rig•Sury ■■,■■^:■■ ■■1►\I.Iism eying ■■11\I,11■■ ■■1111//1 M■ Civil&Environmental Engineering•landscarre Architecture ■■11111/I! I■ ■■ULI'AI■ MULL ■■■refk,7■ 5032 Rouse Dr.,Suite 100,Virginia Beach,VA 23462 ■ DWN BY: CJS ■■■�!:;UP■ 757-490-9 ■■■��ho 264(Ofc) ■■■i�^fir■ JOB# 16235 ■■■�.■■■ www.msaonline.com ■■■��■■■ SHEET: 2 OF 2 ■■L■cM■■ ■■G■C211111 SCALE: NA ANN P. STOKES LANDSCAPE ARCHITECTS 440 GRANBY STREET NORFOLK, VIRGINIA 23505 (TEL) 757.423.6550 (FAX) 757.423.6500 EXHIBIT C (Page 1 of 2) Cam— COLUMBUS ST. ENCROACHMENT /'.. ENCROACHMENTS AREA= 16213 SF 1 I i-w . :„..______ —— 0 —=-----T�r_„ in C I 1 n als. \ (� EN`V .......1: t C F otitis I • • ti I G 2' j 1k R25=io Nri 1 ''.: ii, /. pi MI RIM 111 46 , 1 1 us gi • - , I En . i I , n j LJ �'.g ' 1 ►3, I. r— 4q m i I1 1 2r-4In" _ �' I 2'-21/2' • ' 4000 k10 ._ „...'"" - t 'e • ,_ 2e 1" 15'6 12 Pk p 1 • CENTRAL PARK ,„---1 1--. ' LAKE. e PUMP STATION I • I • I PROJECT NAME TIT_E 6 TOWN CENTER HAMPTON INN SITE ENCROACHMENTS SCALE PROJECT NUMBER DATE I DRAWING I" = 30' 7102 1.30.2020 1 Lsk_03 1 I 2 1 3 4 5 6 7 �8 I 9 I 10 1 11 I 12 I 13 __ cauan seer I '------- __—_ LEGEND AND NOTES • d J not L. m\..+, •1, •pai II5I • ----• • ___ � .,a.�ojwR..O.�iw w � �L�L�i '�� rm. I`��wI MO..tCk sal. , ...7) — r.,, / • A �i"• OW •cw.oml. �� 1�limn!II (.11.Nappy.10.rxyxy, • I i.`fo.:> " 112 rG O.AA.) aI'p ' �" '� j (2)1., aria..., I PLANT SUBSTITUTIONS REOUREA /� Ilk�, rze Iw...�iw wgyy ne... MGM(V �_I' �,11.5110 WRITTEN REQUEST FROM THE ��� n.Iw Iapy we...o}Iy ^�•°I+ �� `� n1a1�yye..vro.rrouwr.ate PROPERTY OWNER,AND WRITTEN o I nu".""w rnyy la'w'w rcro`°I°'urr'wow • APPROVAL FROM THE CITY OF Ol 1blwlv.anllRYn Illki (10)Nwpwocalw 1sn�esa a..y.• -OW .harpy R.pn.Po") + y -�� (agar. Iiin...„,:�/ ro.100 o�Iy — IIIra a-t-,w e,yu— - VIRGINIA BEACH DEVELOPMENT• 0yU,IJ1. _ - III.p -I URRew PwNo- \'I ,III / 10 O SERVICESPROFESSIONALDSCAPE Or Mi. 1divoi... „. / �/ C�J ' E. • I___ �■-_E�� LOCATION MAP r `o l G M - -- '' EE�w 5 ! ri ,Ni e',f2 S ia.. o,, - S 1� .:�" i, '�- rtulr..�r�gr1wo wywa.wr .-. I \ I 'GGI,_�_ ')."oa;,R O.or.. II , +.e.pr+ 8 4— , ‘vvi■ �OW + F pb O I I _ion l't--- ""f`.. rp _ '2� MEM ' aRee b 11 2 I O . L E^9^^ I' (e nwca.M.w.. REISSUE FOR SPRY REVISIONS 01.31.2019 10 REISSUE FOR SPR V/REVISIONS 1.112010 1 I CD ���1 N, YRR Nat 1`�"�"'� 1I ! 1 .m)LPrgs�94�+^°£ �"6Im1a6 'OIO� O�� , �/ M.g..R N EOl O�-Op . PY ea.Rreo. ro,lbnvacmw�qRy lwn...• OR_ 18 O, OfQD1O I �«.��~ 1 3.)� IO / v:0 OD JO� neln.lrppy R.e..... S REISSUE FOR SPR WASTES 1111/2017 Y J 1 + 000 ppoal!QO.:`! rsrw.l Plalem�a�,)wa�yw�IE y...ex.9.P 0..5, ,•>� p'R�IIfOI•'+ rn,R.m.�Io rogm ma>e,m• 00 O J O �, ". `�1GI.`0 00 Y pO� ORockarw S.wJ _ s REISSUE FOR SPR NAOMI 10.052017 .4 OfbO�y0Of0�fyp , .... _ 106�j` 0:1000 S REISSUE FOR SPR WIXOM E.1xm1r I yEG`O°p41.v Otilp � O,• 'p Y• e. • OO•'�0 o"41 2N2Pcko y = RERsuE FOR SPR W.SEK RA.E01r �.O,o..0OC141LU_ oaoo-, c._-r_n..000i J1 OA•l00 p�jp-ptit4re 1 ISSUE FOR snE PINT REM. E.NR017 r�M w�meew wgm'eolasRmn 0 00op00OC 00 No ISSUE OM a a.YPy.a:aaaRr a .• ,.■■���•�M ���I/ r -y ♦GIs o O n.enw.Re e.a..l r`'oo°�fie,lw.,e..IIw N�P,wW..• 11010'Op008 Yo.o..,o; (.0.. appy a.,,.0 0.1:14•+o/.O0o.. GOOD ,� TOWN CENTER HAMPTON INNO (.L L+lRF•99•+e^ ...9-0.ua.• •0.0 y, rry. ' / TOWN CENTER•VIRGINIA BEACHAO)Lr1Pp.9. Everga.n a... IE yse e.ot NwRwyl.f) 10.0��' {a�` • t/ER+.P rwv+• 0. iW rsl i...ar(.5.2 (!)wmswe MytlR 98010 n• ,� (.N.+nw.R 1...9911Eraw sr.., Ieb�R+y.e swvo O� rtrw. ,C , �)Semgc.rw.w.011.0.21 Pointer• OW lwmerocallw Nappy FehR..• n)aaaorrocro.W w aw1111ora Karl 1.00.0 O (Black-.y.d tWoo Rena eras) nellw Nappy Returns ogoyl (w)Fil.v.a1 WO) rLLrwi»guys'✓° 4••"6IW' '•� R [Xo.el A oscwnE Swpcnittcti (Pbpla acan.r ) W E"'"gM'Blow I,a.eyrn / L w N �••• ]'OLwlK / v WU.•010.01i VIRGINIA.MIR a) (1.0SQ)Iii iL_-- _ _ �e ��r IE ' „P ��R.nw�•.w:„mn.a1. o00 �000000Toz000aa�:0►�0000__ - 210 QOIDQ� I.a"0000•-....- / .3' lir •AtItecCAPVPIIIIMMIMM.11M aiik PLANTING PLAN R V 0`' I • Pre)..1 N.. O. p 'Op�00 `� 'v R62% wrznl a D/O,O.Y JC' ,/,.. I. W M S.RIR q p00+>. , © �n A I0 h L.PiwaP yr.Pa oppp0 . yAy ��.. .s fw _ - _• _ _•�. Ii� /.,+� In-. . Om..No. L3.1 I III e ,� • 1 2 3 1 4 I 5 6 7 8 9 1O 11 12 13 THIS INSTRUMENT PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (Alexander W. Stiles—VSB#41934) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) DEED OF EASEMENT THIS DEED OF EASEMENT is made this day of , 2020, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, (the "City") (to be indexed as "Grantor"), and STOKES PROPERTIES, L.L.C., a Virginia limited liability company, (the "Grantee") (to be indexed as "Grantee"). WITNESSETH: WHEREAS, the City is the owner of the real property located east of Market Street and south of Columbus Street,in Virginia Beach, Virginia,known as GPIN: 1477-54-1273 and GPIN: 1477-54-0223 (collectively,the"City Property"); WHEREAS,Grantee is the owner of the real property adjacent to the City Property located at 4571 Columbus Street, Virginia Beach, Virginia 23462, and known as GPIN: 1477-54-0273 (the"Grantee Property"); WHEREAS, the Grantee has submitted to the City's Planning Department, a Site Development Plan (DSC File #E07-005892-SP) (the "Site Plan") for the development of a hotel on the Grantee Property; WHEREAS, the Site Plan shall be in the form approved by the City and may include amendments and/or modifications as may be subsequently approved by the City; and GPINs: 1477-54-1273 1477-54-0223 1477-54-0273 1 WHEREAS, in conjunction with the development of the Grantee Property, the parties hereto desire to establish (i) variable width private ingress/egress easements to create the traffic flow preferred by the City, (ii) a variable width private terrace easement, and (iii) a 20' private drainage easement as shown on the Site Plan (collectively,the "Easements"). NOW,THEREFORE,for and in consideration of Ten Dollars($10.00),cash in hand paid, the receipt and sufficiency of which is hereby acknowledged, the City does hereby grant and convey the Easements to the Grantee, its agents, assigns and/or successors, in, under upon and across the -City Property, including the reasonable right of ingress and egress to the same, and more particularly described as follows: GPIN: 1477-54-0223 ALL THOSE certain easements, together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "DENOTES PROPOSED VARIABLE WIDTH PRIVATE TERRACE EASEMENT 810 SFT./0.019 AC.)","DENOTES PROPOSED VARIABLE WIDTH PRIVATE INGRESS/EGRESS EASEMENT AREA 1 (103 SQ. FT. / 0.002 AC.)", and "DENOTES PROPOSED VARIABLE WIDTH PRIVATE INGRESS/EGRESS EASEMENT AREA 2 (320 SQ.FT./0.007 AC.)",as shown on that certain exhibit entitled: "EXHIBIT SHOWING EASEMENTS FROM THE CITY OF VIRGINIA BEACH TO STOKES PROPERTIES, LLC VIRGINIA BEACH, VIRGINIA", Scale: 1" = 20', dated _FEBRUARY 28, 2020,prepared by MSA, and attached hereto as Exhibit A. GPIN: 1477-54-1273 ALL THOSE certain easements, together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as"DENOTES PROPOSED 20' NONEXCLUSIVE PRIVATE DRAINAGE EASEMENT (2,911 SQ. FT. / 0.067 AC.)" and "DENOTES PROPOSED VARIABLE WIDTH NONEXCLUSIVE PRIVATE INGRESS/EGRESS EASEMENT(3,633 SQ. FT./0.083 AC.)", as shown on that certain exhibit entitled: "EXHIBIT SHOWING EASEMENTS FROM THE CITY OF VIRGINIA BEACH TO STOKES PROPERTIES, LLC VIRGINIA BEACH, VIRGINIA", Scale: 1" = 25', dated FEBRUARY 28, 2020, prepared by MSA, and attached hereto as Exhibit B. 2 The parties hereby further agree as follows: 1. The Grantee and its agents, assigns,and/or successors shall have the right to inspect the Easements and improvements thereon, and to cut and clean all undergrowth and remove other obstructions in and along the Easements or adjacent thereto that may in any way endanger or interfere with the proper use of same, and to make use of the adjacent property for ingress and egress and for other activities necessary for the construction,reconstruction, alteration, operation and maintenance of the Easements and improvements thereon. 2. The Grantor shall not be liable for any maintenance work whatsoever to the areas encompassed by the Easements and improvements thereon, and that the Grantee shall be responsible for all maintenance of the areas encompassed by the Easements and the improvements thereon. 3. The Grantee hereby agrees to assume all risks in connection with the use of the Easements and the improvements thereon, and shall be solely responsible for damage or injury,of whatever kind or nature, to person or property, arising out of or in connection with the use of the Easements and the improvements thereon by the Grantee and its agents, volunteers, employees, invitees and the general public, and Grantee hereby agrees to indemnify and hold harmless the Grantor from any and all claims, suits, losses, damages, or expenses, including reasonable attorney's fees, of whatever kind or nature, arising out of the use of the Easements and improvements thereon. 4. All improvements related to the Easements shall be constructed in accordance with the Site Plan, and the Grantee shall have the right to perform all of the demolition, grading, construction and other work reasonably shown on the Site Plan and reasonably required in 3 connection with the construction of the improvements to or on the Easements as shown on the Site Plan. 5. Grantee shall have the right to control access over the Easements and have exclusive use of the improvements within the Easements, except the general public shall have the right to lawfully use the sidewalks located within the Easements for pedestrian access to and from the City Property. 6. Grantor shall have the right to temporarily use or relocate the Easements, at Grantor's sole cost and expense but without paying compensation to Grantee, should such use or relocation be needed for a public purpose and so long as the use or relocation does not frustrate Grantee's enjoyment of the Easement (including, without limitation, direct and convenient vehicular access across City Property to/from Market Street and Grantee's Columbus Street entrance drive, with three parking spaces along such access lane). 7. Grantor agrees to allow the Grantee a temporary right of entry on and over the portions of the City Property immediately adjacent to the Easements as reasonably necessary for the construction of the improvements depicted on the Site Plan, including the construction of the building and other improvements on the City Property and the Grantee Property, subject to the reasonable restrictions and limitations imposed by the City. In connection therewith, Grantee may clear and grade, locate cranes, trucks, construction materials and other material and equipment thereon and do those things reasonably necessary to construct and maintain the improvements shown on the Site Plan in a good and workmanlike manner.Upon completion,Grantee shall restore the said lands, including re-seeding, as required by the Site Plan. 4 8. Grantor and Grantee hereby acknowledge certain other rights, terms, provisions, agreements and obligations of the parties contained in that certain Development Agreement dated , a copy of which is attached hereto as Exhibit C. 9. Each and all of the covenants, terms, provisions and agreements herein contained shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. [Signature pages to follow] 5 WITNESS the following signatures and seals: GRANTOR: CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia By: (SEAL) ATTEST: City Manager/Authorized Designee City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me by City Manager/Authorized Designee of the City Manager of the City of Virginia Beach, this day of , 20 NOTARY PUBLIC My Commission Expires: My Registration Number: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me by City Clerk/Authorized Designee of the City Clerk of the City of Virginia Beach, this day of , 2020. NOTARY PUBLIC My Commission Expires: My Registration Number: APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY AND FORM: DEPARTMENT OF PUBLIC WORKS CITY ATTORNEY 6 GRANTEE: STOKES PROPERTIES,L.L.C., a Virginia limited liability company By: (SEAL) J. Randolph Stokes, its Manager STATE OF VIRGINIA CITY OF NORFOLK,to-wit: The foregoing instrument was acknow ged before me this day of 2019 by J. Randolph Stokes as Manager of St -4 Properties, L.L.C. . ic My commission expires: My notary number: 7 PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE(BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) ENCROACHMENT AGREEMENT THIS AGREEMENT made this day of , 2019,by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,Grantor,"City", and STOKES PROPERTIES, L.L.C.,a Virginia limited liability.company, "Grantee". WITNESSETH: WHEREAS, the City is the owner of the real property located east of Market Street and south of Columbus Street, in Virginia Beach, Virginia, known as GPIN 1477-54-1273 and GPIN 1477-54-0223 (collectively, the"City Property"); WHEREAS,Grantee is the owner of the real property adjacent to the City Property located at 4571 Columbus Street, Virginia Beach, Virginia 23462 and known as GPIN 1477-54-0273 (the "Grantee Property"); WHEREAS, Grantee intends to develop the Grantee Property in accordance with Site Development Plan entitled"Site Plan For Town Center Hampton Inn, Virginia Beach, Virginia DSC File#E07-005892-SP" ("Site Plan"); WHEREAS, Grantee proposes to install, construct and maintain, on a portion of the City Property adjacent to the Grantee Property in the locations shown and described as "ENCROACHMENTS" on Exhibit A(the "Encroachment Area"), certain improvements to include a park bench, plants and landscaping ("Temporary Encroachments"), as depicted and described on the Site Plan; and GPINs: 1477-54-1273 & 1477-54-0223 (City Property) GPIN: 1477-54-0273 (Grantee Property) 1 WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar($1.00), cash in hand paid to the City,receipt of which is hereby acknowledged,the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments, and in connection therewith to remove the paving, grass, trees and other vegetation located on the City Property as shown on the Site Plan. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approvals as shown in the Site Plan, and more particularly shown and described on Exhibit A. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminate upon notice by the City to the Grantee, and that within thirty(30)days after such notice is given, the Temporary Encroachments shall be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the City,upon revocation of the authority and permission so granted herein, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and if such removal shall not be made within the time ordered hereinabove by this Agreement,the City may charge the Grantee for the use of the Encroachment Area,the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee and the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is 2 allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. It is further expressly understood and agreed that nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity, and the Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, if it is necessary for the City to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority granted to the Grantee for the maintenance or construction of any encroachment other than as specified herein and to the limited extent specified herein,nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee and its representatives. Notwithstanding the foregoing, it is the intention of the parties that the Grantee shall have the right to perform and complete all of the work shown on the Site Plan, and it is expressly understood that the Grantee shall have the right to demolish and remove trees, shrubs, undergrowth, paving and other improvements located on the City's Property as shown on the Site Plan, to cut, fill and grade on the City's Property as shown on the Site Plan and to perform all of the work and install all of the improvements as shown on the Site Plan. It is further expressly understood and agreed that the Grantee shall maintain the Temporary Encroachments in a commercially reasonable condition and so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area(the "Permit"). It is further expressly understood that any existing encroachments referenced in the Site Plan, Exhibit A or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction It is further expressly understood and agreed that the Grantee shall obtain and keep in effect liability insurance,with the City as a named insured,in an amount not less than Five Hundred Thousand Dollars($500,000.00), per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty(30)days' written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities,vested or contingent,related to the construction,location,and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a 4 licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. IN WITNESS WHEREOF, Stokes Properties,L.L.C.,a Virginia limited liability company,has caused this Agreement to be executed by its signature, and, further, the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. [Signature pages to follow] 5 CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia By: (SEAL) City Manager/Authorized Designee STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,2019, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,on its behalf He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,2019, by ,CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH,VIRGINIA,on its behalf. He/she is personally known to me. Notary Public Notary Registration Number: My Commission Expires: APPROVED AS TO CONTENT APPROVED AS TO FORM DEPARTMENT OF PUBLIC WORKS CITY ATTORNEY 6 STOKES PROPERTIES,L.L.C., a Virginia limited liability company By: (SEAL) Printed Name: J. Randolph Stokes Its: Manager STATE OF VIRGINIA CITY OF ,to-wit: The foregoing instrument was acknowledged before me this day of ,2019, by J.Randolph Stokes,Manager of Stokes Properties,L.L.C.,a Virginia limited liability company who is personally known to me. Notary Registration 114 My Commission Exp k 7 < \ ormemmr, R ce -— _ ¢ LOCATION MAP a. a a.., z 4553-4558 Ili .--..—....— CA t 4S32 4554 ST- i. 4.560-45913 COLUMBUS S1 Owner: City of Virginia Beach (GPIN:1477-54-0223) 4670 — _ ____ .--- 1111 Owner: Stokes Properties,LLC (GPIN:1477-54-0273) 81 1, 11 4571 COLUMBUS ST 11 I 11 4571 1 r I— Owner: City of Virginia Beach i on MARKET ST (GPIN:1477-54-1273) ? ' , It 100 ._. _ 1, — 2 — Abandn mart R .I.. • Virginia Beach APPLICANT'S NAME Stokes Properties, L.L.C. 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 Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement 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 Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). ▪ APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: 1/6/090 ailL ▪ REVISIONS SUBMITTED DATE: - ..., ur-gof Virginia Beach Li Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Stokes Properties, L.L.C. If an LLC, list all member's names: J. Randolph Stokes, sole member and manager 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 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) None. See next page for information pertaining to footnotes and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n 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 • (ity 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 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 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 (.„.\/3 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) v Accounting and/or preparer of Wall, Einhorn & Chernitzer, P.C. your tax return Architect / Landscape Architect / Ann P. Stokes Landscape Architects Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed Town Center Hotel, LLC: owned by v n purchaser of the subject property Stokes Properties, LLC (landowner) (identify purchaser(s) and and TC Hotel, LLC (Shamin Hotels) purchaser's service providers) I I x Construction Contractors Engineers / Surveyors/ Agents MSA, P.C. Financing (include current Towne Bank (being considered) I I mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Stokes Law Group/Sykes Bourdon 7 Legal Services Real Estate Brokers / C I I Agents/Realtors for current and anticipated future sales of the subject property • t SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have X 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 ir ,") c5ry or 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. ). Randolph Stokes, as Manager 02/10/2020 JRstok s(Fe ,2020> of Stokes Properties, L.L.C. APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 city y, OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) I^I Accounting and/or preparer of Wall, Einhorn & Chernitzer, P.C. your tax return X I I Architect / Landscape Architect / Ann P. Stokes Landscape Architects ' Land Planner Contract Purchaser (if other than 1 1 x the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed Town Center Hotel, LLC: owned by I1 purchaser of the subject property Stokes Properties, LLC (landowner) 17�I (identify purchaser(s) and and TC Hotel, LLC (Shamin Hotels) purchaser's service providers) I Construction Contractors I� Engineers / Surveyors/ Agents MSA, P.C. Financing (include current Towne Bank (being considered) x mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) x n Legal Services Stokes Law Group/Sykes Bourdon Real Estate Brokers / n 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 K 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 Ity of 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. J. Randolph Stokes, as Manager of Stokes Properties, L.L.C. 02/10/2020 JRStokes(Fe ,2o2oj PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 s Zqa j ZKti NOTICE OF PUBLIC HEARING On May 19,2020,at 6:00 p.m..in the Council Chamber,City Hall(Building #1)Virginia Beach Municipal Center, the City Council will hold a public hearing concerning the award of non- exclusive scooter franchises to Bird Rides Inc. (Bird), Neutron Holdings Inc. (Lime),Skinny Labs Inc. (Spin), and VeoRide Inc. (Veo). The maximum term of each such franchise is five years. The ordinances to award these franchises have been previously advertised at least twice. In lieu of inspection at the office of the City Clerk, the ordinances are posted at: https://www.vbgov.com/government /departments/com m u n ications- off ice/hot-topics/Pages/E-Scooter- Guidelines.aspx Any citizen wishing to make comments virtually during the public hearing should follow a two-step process provided below: •Register for the WebEx at: https://vbgov.webex.com/vbgov/o nstage/g.php?MTI D=e952e53cae 0057870661fb1a581cec0d0 •Register with the City Clerk's Office by calling(757)385-4303 or via email at ABarnes@vbgov.com prior to 6:00 p.m.on May 19,2020 If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERKS OFFICE at 385- 4303;Hearing Impaired call 711. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk Beacon:Sunday,May 10,2020 sySb! r •by % g • PUBLIC NOTICE The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 P.M.on May 19. 2020, in the Council Chamber, City Hall (Building #1) Virginia Beach Municipal Center, regarding fourteen proposed café franchise agreements for City-owned property located at the following locations: 1. 812 Atlantic Avenue to Kamales, Inc.,t/a 9.Street Grill Cafe,for an Atlantic Avenue Sidewalk Café 2. 1011 Atlantic Avenue to 11.Street Tap House LLC, t/a 11. Street Taphouse Bar and Grille Cafe,for a Boardwalk Café 3. 1011 Atlantic Avenue to 11.Street Tap House LLC, t/a 11. Street Taphouse Bar and Grille Cafe,for a Connector Park Cafe 4. 200 21" Street to Calabrese Management Group,Inc.,Va Albie's Pizza Café,for an Atlantic Avenue Side Street Café 5. 706 Atlantic Avenue to A.C.A. Corporation,t/a Black Angus Café, for an Atlantic Avenue Sidewalk Café 6. 3001 Atlantic Avenue to 3001 Atlantic,LLC,t/a Catch 31 Café,for a Boardwalk Cafe 7. 2410 Atlantic Avenue to Virginia George Co., Inc., t/a Dough Boys Café, for an Atlantic Avenue Sidewalk Café 8. 3315 Atlantic Avenue to 3315 Atlantic,LLC,t/a Lagerheads Café, for a Boardwalk Café 9. 3315 Atlantic Avenue to 3315 Atlantic,LLC,t/a Lagerheads Café, for a Connector Park Cafe 10. 2501 Atlantic Avenue to Crestline Hotels&Resorts,LLC,Va Marriott Courtyard Café, for a Boardwalk Café 11. 812 Atlantic Avenue to Planet Pizza, Inc.,Va Planet Pizza Cafe,for an Atlantic Avenue Sidewalk Café 12. 1601 Atlantic Avenue to Rock Fish Sea Grill,LLC,Va Rockfish Café,for a Boardwalk Café 13. 1601 Atlantic Avenue to Rock Fish Sea Grill,LLC,t/a Rockfish Cafe,for a Connector Park Café 14. 2014 Atlantic Avenue to VB'S Raw Bar,Inc.,Va Seaside Raw Bar Café, for an Atlantic Avenue Sidewalk Café The purpose of the hearing will be to obtain public comment on the proposed franchise agreements on City property. Copies of the franchise agreements are on file in the City Clerk's office. Any citizen wishing to make comments virtually during the public hearing should follow a two-step process provided below: •Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/ g.php?MTID=e952e53cae0057870661fb 1a581cecOd0 •Register with the City Clerk's Office by calling (757) 385-4303 or via email at ABarnes@vbeov.com prior to 6:00 p.m.on May 19,2020 Any questions concerning the above- referenced franchises should be directed to Kathleen Warren, SGA Office, by calling (757)385-2901. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERKS OFFICE at 385-4303;Hearing impaired call 711. All interested parties are invited to participate. Amanda Barnes City Clerk Beacon:May 10,2020 I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a Long-Term Ground Lease for a portion of City-Owned property located off North Great Neck Road to T-Mobile Northeast, LLC re maintaining and operating wireless telecommunications facilities 2. Ordinance to DECLARE the properties located at 228 Shipps Lane and 206 Bob Lane to be in EXCESS of the City's needs and AUTHORIZE the City Manager to sell the properties to the adjoining property owners 3. Ordinances to GRANT a Non-Exclusive Franchises re operate scooters in the public streets and rights-of-way to: a. Bird Rides, Inc., (Bird) b. Neutron Holdings, Inc., (Lime) c. Skinny Labs, Inc., (Spin) d. VeoRide, Inc., (Veo) 4. Ordinance to GRANT fourteen(14) Franchise Agreements re Open Air Cafés in the Resort Area: a. 3001 Atlantic LLC, t/a Catch 31 Café re Boardwalk Café at 3001 Atlantic Avenue b. 3315 Atlantic, LLC, t/a Lagerheads Café re Boardwalk Café at 3315 Atlantic Avenue c. 3315 Atlantic, LLC, t/a Lagerheads Café re Connector Park Café at 3315 Atlantic Avenue d. Kamales, Inc., t/a 9th Street Grill Café re Atlantic Avenue Sidewalk Café at 812 Atlantic Avenue e. Calabrese Management Group, Inc., t/a Albie's Pizza Café re Atlantic Avenue Side Street Café at 200 21st Street f. A.C.A. Corporation, t/a Black Angus Café re Atlantic Avenue Sidewalk Café at 706 Atlantic Avenue g. Virginia George Co., Inc., t/a Dough Boys Café re Atlantic Avenue Sidewalk Café at 2410 Atlantic Avenue h. Crestline Hotels & Resorts, LLC, t/a Marriot Courtyard Café re Boardwalk Café at 2501 Atlantic Avenue i. Planet Pizza, Inc., t/a Planet Pizza Café re Atlantic Avenue Sidewalk Café at 812 Atlantic Avenue j. Rock Fish Sea Grill, LLC, t/a Rockfish Café re Connector Park Café at 1601 Atlantic Avenue k. Rock Fish Sea Grill, LLC, t/a Rockfish Cafe re Boardwalk Cafe at 1601 Atlantic Avenue 1. VB'S Raw Bar, Inc., t/a Seaside Raw Bar Café re Atlantic Avenue Sidewalk Café at 2014 Atlantic Avenue m. 1 lth Street Tap House, LLC, t/a l lth Street Taphouse Bar and Grille Café re Boardwalk Café at 1011 Atlantic Avenue n. 1 lth Street Tap House, LLC, t/a l lth Street Taphouse Bar and Grille Café re Connector Park Café at 1011 Atlantic Avenue 5. Ordinances to AUTHORIZE the City Manager to EXECUTE a Sponsorship Agreement re Something in the Water, LLC (Deferred from March 3, 2020)—STAFF RECOMMENDS THESE ITEMS BE WITHDRAWN AS THIS EVENT WAS CANCELLED a. $250,000 from the TIP (approved in the FY2019-20 Operating Budget) and in-kind contributions (Alternative 1 — Staff Proposal) b. $250,000 (approved in the FY2019-20 Operating Budget), in-kind contributions, and TRANSFER$250,000 from the TIP Fund - Reserve for Contingencies to FY2019-20 Convention and Visitors Bureau Operating Budget (Alternative 2—Requested by Mayor Dyer, Vice Mayor Wood and Council Members Berlucchi, Rouse, Tower, Wilson, and Wooten) 6. Ordinance to AUTHORIZE the City Manager to EXECUTE an agreement with the Virginia Beach School Board re use of school buses during the Something in the Water Festival and APPROPRIATE $250,000 in estimated reimbursements - STAFF RECOMMENDS THIS ITEM BE WITHDRAWN AS THIS EVENT WAS CANCELLED 7. Resolution to DIRECT the City Manager Study the Commercial Property Assessed Clean Energy(C-PACE) Program and CONSIDER the feasibility and desirability of implementation of a C-PACE Program for Virginia Beach(Requested by Council Members Abbott and Berlucchi) 8. Resolution to ADOPT a Reforestation Policy(Requested by City Council) 9. Ordinance to EXTEND the Sunset Date to April 5, 2021, re residential permit parking in the Historic Cavalier Shores Neighborhood 10. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as: a. Bass Inlet West at the rear of 2900 Wood Duck Drive re construct and maintain a proposed boat lift with a roof and, relocate a floating dock b. Lake Wesley at the rear of 464 Southside Road re construct and maintain a wood floating dock, aluminum ramp, boat lift and four (4) mooring piles 11. Resolutions to REQUEST the Virginia Department of Transportation(VDOT) ACCEPT: a. additional streets for Urban Maintenance Payments b. corrections to the road inventory for Urban Maintenance Payments 12. Ordinance to ESTABLISH CIP# 5-159 "Public Utilities Office Space Acquisition and Improvements—Water" and CIP#6-159 "Public Utilities Office Space Acquisition and Improvements— Sewer" and TRANSFER $2.1 Million from the Water and Sewer Enterprise Fund re public utilities space consolidation and build-out effort 13. Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement between the City, the F-14 Tomcat Monument Association, and the Hampton Roads Squadron, The Association of Naval Aviation Inc., re F-14 Tomcat Monument at 25th Street and Boardwalk; and, AUTHORIZE the City Manager to ACCEPT the Monument upon completion 14. Ordinance to APPROPRIATE $258,000 from Police Federal & State Seized Assets Special Revenue Fund to the FY2019-20 Police Department Operating Budget re purchase equipment and training- STAFF REQUESTS THIS ITEM BE WITHDRAWN AS THEY WILL RE-SUBMIT IN THE NEXT FISCAL YEAR 15. Ordinances to ACCEPT and APPROPRIATE: a. $58,000 from the Virginia Department of Emergency Management (VDEM) to the FY 2019-20 Emergency Management Operating Budget re conduct a regional Hazard Identification and Risk Assessment b. $201,556 from the Federal Emergency Management Agency (FEMA)to the FY2019-20 Fire Department Operating Budget re costs for mobilization of Virginia Task Force 2 Urban Search and Rescue team members to Puerto Rico to assist areas impacted by multiple earthquakes 16. Ordinances to TRANSFER from the General Fund Reserve for Contingencies: a. $177,466 to the FY2019-20 Department of Public Health Operating Budget re funding requirement for shared Public Health Office b. $373,537 to the FY2019-20 Voter Registration and Elections re funding for the June 2020 Primary "TV, tip] CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the City Manager to Execute a Long-term Ground Lease for a Portion of City-owned Property Located off North Great Neck Road to T-Mobile Northeast, LLC for the Purpose of Maintaining and Operating Wireless Telecommunications Facilities MEETING DATE: May 19, 2020 • Background: This item was advertised for action on April 7, 2020, but the meeting was cancelled due to the pandemic. Since 2010, the City has leased a portion of property located off North Great Neck Road to T-Mobile Northeast, LLC for purposes of maintaining equipment used in conjunction with certain personal wireless telecommunication facilities placed on an existing Dominion Energy ("Dominion") transmission tower (the "Tower"). The most recent lease will expire on March 24, 2020, and T-Mobile Northeast, LLC ("T-Mobile") has entered into a lease with Dominion for use of the Tower, and desires to enter into a new ground lease with the City to maintain its facilities. • Considerations: The proposed lease is for a 25' X 25' area on which the equipment associated with the wireless antenna is located (the "Premises"). The lease will further grant T-Mobile the right of ingress and egress to access the Site. The proposed lease is for a term of five (5) years. The proposed first-year rent is $17,987.70. • Public Information: Since the lease term is in excess of 5 years, the invitation to bid and the public hearing was advertised in two successive weeks, both items in accordance with applicable requirements of law. • Alternatives: Approve lease, modify terms, or deny leasing of the Premises. • Recommendations: Adoption of ordinance • Attachments: Ordinance, Summary of Terms Recommended Action: Approval Submitting Department/Agency: Public Works/Facilities Management City Manager: Ti L_, 1 2 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO 3 EXECUTE A LONG-TERM GROUND LEASE FOR A 4 PORTION OF CITY-OWNED PROPERTY LOCATED OFF 5 NORTH GREAT NECK ROAD TO T-MOBILE NORTHEAST, 6 LLC FOR THE PURPOSE OF MAINTAINING AND 7 OPERATING WIRELESS TELECOMMUNICATIONS 8 FACILITIES 9 10 WHEREAS, the City of Virginia Beach (the "City") is the owner of certain property 11 located off of North Great Neck Road (the "Property"); and 12 13 WHEREAS, T-Mobile Northeast, LLC ("T-Mobile") has entered into a lease 14 agreement with Dominion Energy for attachment of T-Mobile's equipment to the 15 transmission tower (the "Tower") owned by Dominion and located on the Property; and 16 17 WHEREAS, T-Mobile desires to lease from the City a 25' x 25' portion of the 18 Property adjacent to the Tower (the "Premises"), together with the right of ingress and 19 egress to access the Premises, for the installation, maintenance and replacement of 20 necessary equipment associated with the wireless facilities; and 21 22 WHEREAS, the City's lease of the Premises would allow T-Mobile to continue and 23 enhance its operation of certain facilities for the purpose of providing wireless 24 telecommunications services to the general public. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the City Manager is hereby authorized to execute a lease for a term of five (5) 30 years between T-Mobile Northeast, LLC for the Site, in accordance with the Summary of 31 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. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Public orks/Facilities Management City Attorney Office CA15021 R-1 March 10, 2020 EXHIBIT A SUMMARY OF TERMS Ground Lease for T-Mobile Northeast, LLC Location: 25' x 25' parcel off North Great Neck Road Lessee: T-Mobile Northeast, LLC Premises: 25' x 25' site, together with the right of ingress and egress necessary to access the site. Use: T-Mobile will maintain and operate wireless telecommunications facilities located on Dominion Energy("Dominion")transmission tower (the "Tower"). Term: Five (5) year term. Rent: $17,987.70 for the first year, paid within thirty (30) days of the Effective Date. Insurance: Lessee must maintain Commercial General Liability insurance in the amount of $1 ,000,000, in addition to other liability insurances as required by Risk Management. Termination: Lease may be terminated upon sixty (60) days' written notice to the other party for reasons as stated in the lease. Other: Lessee required to remove facilities and restore site to original condition upon expiration or termination of lease. Lessee posted $7,000 security deposit for removal of the facilities. IN 4W CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the properties located at 228 Shipps Lane (GPIN 2417- 25-7591) and 206 Bob Lane (GPIN 2407-75-1034) to be in excess of the City's needs and authorizing the City Manager to sell the properties to the adjoining property owners MEETING DATE: May 19, 2020 • Background: As part of the APZ-1 Use and Acquisition Plan adopted December 20, 2005, the City of Virginia Beach acquired 228 Shipps Lane on March 27, 2015 for $180,000 and 206 Bob Lane on February 3, 2014 for $177,000 (collectively, the "Properties"). At the time of acquisition, the Properties were improved with residential dwellings that have since been demolished. Sandra Jones owns and resides in 229 St. Pauls Street. She proposes to purchase the adjacent (to the rear) City-owned parcel located at 228 Shipps Lane (5,951± SF) for $5,951 ($1/SF). Jason Feuerhahn owns 200 Bob Lane and Fernando Mancuello-Blanco and Mindy L. Mancuello own and reside at 208 Bob Lane. They propose to divide the City-owned parcel located at 206 Bob Lane (10,016± SF), and the adjacent neighbors will each pay $5,008 ($1/SF) to purchase their respective adjacent half. The City will resubdivide the Properties to incorporate each lot with the respective purchaser's lot and eliminate interior lot lines. This item was originally part of the agenda for the City Council's March 17, 2020 formal meeting, but that meeting was cancelled due to the Governor's COVID-19 Pandemic state of emergency declaration on March 12, 2020. • Considerations: The Properties will be sold with a deed restriction that prevents any new dwelling units from being constructed. The APZ-1 Disposition Committee reviewed the Properties and determined that they should be sold to the adjoining property owners. These sales would enhance the surrounding neighborhood of each sale and reduce density. Three dwelling units will be permanently removed. The adjacent owners' offers of $1/square foot are in compliance with previous sales of excess City property in the APZ-1 area that were not building sites. The City has received a deposit from each purchaser in the amount of $2,500 ($7,500 total). The remaining purchase price of $8,467 will be paid at settlement by the respective purchasers. If the City retains the Properties, the City must pay to maintain the lots, an estimated annual cost of $1,260 ($630/lot). • Public Information: Advertisement of the public hearing as required by Section 15.2-1800 Code of Virginia and public notice via the normal City Council agenda process. • Alternatives: Retain ownership of the Properties. • Recommendations: Approval. • Revenue restrictions: The City funded the acquisition of the Properties through a grant partnership with the Commonwealth of Virginia. The proceeds from the sale of the Properties in the amount of $15,967 will be received, and fifty percent (50%) of the amount will deposited for appropriation in future Capital Improvement Program capital budgets in Capital Improvement Project 9-059, and Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth of Virginia's portion in accordance with the grant agreement. • Attachments: Ordinance, Exhibit A, Summary of Terms, Location Maps and Disclosure Statements Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works City Manager: !i/t((, 1 AN ORDINANCE DECLARING THE 2 PROPERTY LOCATED AT 228 SHIPPS LANE 3 (GPIN 2417-25-7591) AND 206 BOB LANE 4 (GPIN: 2407-75-1034) TO BE IN EXCESS OF 5 THE CITY'S NEEDS AND AUTHORIZING 6 THE CITY MANAGER TO SELL THE 7 PROPERTIES TO ADJOINING PROPERTY 8 OWNERS 9 10 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 11 certain parcels of land located at 228 Shipps Lane and 206 Bob Lane (collectively, the 12 "Properties") more particularly described on Exhibit "A" attached hereto and made a 13 part hereof; 14 15 WHEREAS, the City acquired the Properties pursuant to the APZ-1 16 Acquisition Program; 17 18 WHEREAS, the City funded the acquisition of the Properties through a 19 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 20 contributing fifty percent (50%) of the funds; 21 22 WHEREAS, the Properties are in the midst of other residences and at the 23 time of acquisition were improved with either single-family or duplex homes; 24 25 WHEREAS, adjoining property owners have requested to purchase the 26 Properties in order to utilize them in a manner compatible with the APZ-1 Ordinance; 27 28 WHEREAS, adjoining property owners desire to purchase the Properties in 29 accordance with the Summary of Terms attached hereto as Exhibit "B" and made a part 3 0 hereof; 31 32 WHEREAS, the APZ-1 Disposition Committee has recommended that City 33 Council declare the Properties to be in excess of the City's needs and sell the 34 Properties to adjoining property owners; and 35 36 WHEREAS, the City Council is of the opinion that the Properties are in 37 excess of the needs of the City of Virginia Beach. 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 40 OF VIRGINIA BEACH, VIRGINIA: 41 42 That the Properties located at 228 Shipps Lane and 206 Bob Lane are 43 hereby declared to be in excess of the needs of the City of Virginia Beach and that the 44 City Manager is hereby authorized to execute any documents necessary to convey the 45 Properties to adjoining property owners in accordance with the Summary of Terms 46 attached hereto as Exhibit "B" and such other terms, conditions or modifications as 47 may be acceptable to the City Manager and in a form deemed satisfactory by the City 48 Attorney. 49 50 Further, that revenue from the sale of the Properties in the amount of 51 $15,967 shall be received, and fifty percent (50%) of this amount shall be deposited for 52 appropriation in future Capital Improvement Program capital budgets in Capital 53 Improvement Project 9-059, Oceana Interfacility Traffic Area Conformity & Acquisition II, 54 and fifty percent (50%) shall be deposited for future payment by the City Manager to 55 refund the Commonwealth of Virginia's portion in accordance with the grant agreement. 56 57 This Ordinance shall be effective from the date of its adoption. 58 59 Adopted by the Council of the City of Virginia Beach, Virginia, on the 60 day of , 2020. CA14674 R-1 02/28/2020 APPROVED AS TO CONTENT APPROVED AS TO CONTENT Public Works udget & anagement Services APPROVED AS TO LEGAL SUFFICIENCY City t or ey's Offic EXHIBIT "A" GPIN: 2417-25-7591 (228 Shipps Lane) ALL THAT certain lot, piece or parcel of land, located in Oceana Gardens, near Oceana, in the Lynnhaven Magisterial District (formerly Princess Anne County), City of Virginia Beach, Virginia, known, numbered and designated on plat of lots laid out by Roy Smith by J.H. Milholland, Surveyors, which plat is duly recorded Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at page 73, as Lot Fourteen (14), said lot fronting Fifty (50) feet on a street Thirty (30) feet wide and running back between parallel lines One Hundred Twenty feet. The plat of lots is a subdivision of lots Forty-Nine (49) and Fifty (50) on the plat of Oceana Gardens. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property conveyed to the City of Virginia Beach by deed from Paschmann Karimi, dated March 16, 2015 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 201500327000265350. GPIN 2407-75-1034 (206 Bob Lane) ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, belonging, lying and situate in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot Fifty (50) as shown on that certain plat entitled, "WEST OCEANA GARDENS, PRINCESS ANNE CO., VA.," which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 25, at page 83. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property conveyed to the City of Virginia Beach by deed from Andrew Scott Himes and Elisa Himes, dated January 15, 2014 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20140203000094700. 1 EXHIBIT "B" SUMMARY OF TERMS PROPERTY LOCATED AT 228 SHIPPS LANE SELLER: City of Virginia Beach BUYER: Sandra Jones (owner of 229 St. Pauls Street) PROPERTY: 5,951± square feet of property known as 228 Shipps Lane (GPIN: 2417-25-7591) LEGAL DESCRIPTION: See Exhibit "A" to Ordinance SALES PRICE: $5,951 .00 CONDITIONS OF SALE: • Property is purchased "As is, Where is." • Buyer has been advised of APZ-1 restrictions for use. • Buyer may use the Property for accessory structures, or Buyer may otherwise utilize the property for construction in conjunction with her adjacent property upon resubdivision to remove interior lot lines; however, Buyer may not add any new dwelling units. • Seller shall resubdivide the Property with the Buyer's adjacent property at Seller's expense to vacate interior lot lines. • Seller will reserve any fee in the streets and any easements necessary for public purposes. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. • Closing shall be on or before March 31, 2022. PROPERTY LOCATED AT 206 BOB LANE SELLER: City of Virginia Beach BUYERS: 1) Jason Feuerhahn, owner of 200 Bob Lane (southern half, adjacent to 200 Bob Lane) 2) Fernando Mancuello-Blanco and Mindy Mancuello, owners of 208 Bob Lane (northern half, adjacent to 208 Bob Lane) PROPERTY: 10,016± square feet of property known as 206 Bob Lane (GPIN: 2407-75-1034) LEGAL DESCRIPTION: See Exhibit "A" to Ordinance SALES PRICE: $10,016.00 ($5,008 to be paid by each Buyer) 1 CONDITIONS OF SALE: • Property is purchased "As is, Where is." • Buyers have been advised of APZ-1 restrictions for use. • Buyers may use the Property for accessory structures, or Buyers may otherwise utilize the property for construction in conjunction with their adjacent property upon resubdivision to remove interior lot lines; however, Buyers may not add any new dwelling units. • Seller shall resubdivide the Property with the Buyers' adjacent properties at Seller's expense to create a northern and southern portion of the Property, but otherwise to vacate interior lot lines. • Seller will reserve any fee in the streets and any easements necessary for public purposes. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. • The sale is conditioned upon both Buyers' purchase of the respective one-half of the Property. • Closing shall be on or before March 31, 2022. 2 3/4/2020 : , ,..; 1 1 tii i. . ..N. '‘-.N,, 1 I •— .,„ ,' • rR _.`fart, &'•T'4tt '- ltV.,Y NW ..�Irip ' 2417 25.7591 r~R �" o a r 1 t f1 ''' �.. a i Etad 5 I�F .� �.- 9 ht • .0/ rP IF '&1 VW ' — r e --4., . LOCATION MAP elem.. . e �` ` tt...% 241.164°- BRAC PROPERTY tili•�`- - - n, i CITY PROPERTY Legend 1. 228 SHIPPS LANE City Properties GPIN 2417-25-7591 i• 4 a _ Feet Q2an-zs-7591 r 4• - 1 - 0 50 100 200 RENVlepeled t4 PW.7:rq.�Erq_Su{gPRMereggil — X�, iitUGlNDF MAPS`GY PrPPM.I'/.15]SDI _ , , /, r-.44 11t rt_ z om \ 4.—jiillik' F '� ` Pa ,,, ree - It i r ..—i _ t � a i ` p Amy r _e 01 ri _.. - ,, r• ' 4• LOCATION MAP BRAG PROPERTY .t 111 i ! CITY PROPERTY Legend 206 BOB LANE Caty props ties p. GPIN 2407-75-1034 Q2407-75 1034 i _ t Feet .. .. Ix.:_. ` — 0 50 100 200 epe •.1'.'• NI p. ,App. .-- - u •'• XXAWWPV*SIAIC FMUOENOR MAPSWAy PropertyZC7-7,1034Renel 1 A/13 Virginia Beach APPLICANT'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 Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Appeals Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement 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 tJSE ONtY!A't 4srlcs.,rrs must he updated twn(2)weeks prior to any Page 1 of 5 ri or ;.nr,.t the apphcationls) Q APPLICANT NOTIFIED OF HE.ARIN(, DALE O NO CHANGES AS OF DATE REVISIONS SUBh1I7 TED DATE. lk/B Virginia Beach 57 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. 2 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 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 S L Ank Virgin ia 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 2 relationship with the Property Owner: (Attach list if necessary) t "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. o 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 3 of 5 NIB Virginia Beach FY-1ES 1 FIN10] ------bERVICE r PROVI needed) DER fuse additional sheets if ' L , ----- ID a Accounting and/or preparer of your tax return O 13 Architect/Landscape Architect/ Land Planner Contract Purchaser( o_tb_ertjAiri O LA the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ; a Ea purchaser of the subject property (identify purchaser(s)and purchaser's service providers) O [37 Construction Contractors El 0 Engineers/Surveyors/Agents -----__ Financing(include current O , mortgage holders and lenders 1---1 selected or being considered to provide financing for acquisition or construction of the property) a Er Legal Services IIIIIIIIIIIIIIIIIII Real Estate Brokers/ 0 Eg. Agents/Realtors for current and anticipated future sales of the sub'ect .mien SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO I Does------an official o-------r employee o----7—f the Cityof Vir inia—Bea—ch have CI an interest in the subject land or any proposed g 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 5 .1\1B 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 A licati n. — `,// StF k Jaw.s 9Mw` I9 APPLICANT'S SI N TURE PRINT NAME DATE NAME gill DATE PROPERTY"OWNER S SIGNATURE PRINT Page 5 of 5 t!L a1 Virginia Beach APPLICANT'S NAME r� G..)e 4 '��r-LANIN I bper r L ( L 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 Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement 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 Page 1 of 5 Planning Commission and City Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE. NO CHANGES AS OF DATE REVISIONS SUBMITTED DATE: .--/6 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. \ fl C (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 1 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 from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. \fig—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: � � u1 r' �f Tlit' ( If an LLC, list the member's names: Page 2 of 5 "VB 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 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. 2 "Affiliated business entityrelationship" means "a relationship, other than p, 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 3 of 5 • 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 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 4 of 5 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. k>c-%,r\-,v-vi\ -"( APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE • Page 5 of 5 Virginia Beach APPLICANT'S NAME Cerockr)AankrAckE1iQ61es ana rn man,,tito 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 Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board t • 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 e SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 5 Planning Commission and City Council meeting that pertains to the application(s). • APPLICANT NOTIFIED OF HEARING DATE: • NO CHANGES AS OF DATE: • REVISIONS SUBMITTED DATE: 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:_1 C x 1Cznc) Q6lAr ,(2 ma` udt-'1IO 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 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 from Applicant. D 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 5 411) 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) "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 entityrelationship" means "a relationship, other than p, 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 3 of 5 (]ty 4 r Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ [2/ Accounting and/or preparer of your tax return N'� ❑ Er Architect / Landscape Architect/ Land Planner N\ ❑ Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers A)IF'\ Any other pending or proposed ❑ d purchaser of the subject property (identify purchaser(s) and purchaser's service providers) AJ ❑ [r Construction Contractors N�� ❑ L2 Engineers / Surveyors/ Agents N if\ Financing (include current ❑ mil/ mortgage holders and tenders UU selected or being considered to provide financing for acquisition �/ I P ,--,/ or construction of the property) E❑ Legal Services N)c\ Real Estate Brokers / ❑ Rx 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 ❑ ff 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? I\; Page 4 of 5 \11.3 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. ' r � %79 Q(nc..,, N\O"nrue VLCS5V-r.c0 11 5\t o n AP A IGNATURE PRINT NAME DA E PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 �6 s CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Ordinances Granting Non-exclusive Franchises to Operate Scooters in the Public Streets and Rights-of-Way of the City to Bird Rides, Inc., Neutron Holdings, Inc., Skinny Labs, Inc., and VeoRide, Inc. MEETING DATE: May 19, 2020 • Background: After an influx of scooters, the City Council tasked staff with the development of a stakeholder group to review shared mobility services. The staff conducted extensive outreach among various interested groups and provided periodic briefings to the Council. The most recent briefing was provided on January 7, 2020, and the staff presented an outline of its solicitation of proposals from scooter companies. The focus of the requirements in the solicitation was safety and technology, which will allow scooters to operate among other mobility options and minimize conflicts. The request for proposals was posted on January 14, 2020, and responses were due February 12, 2020. These ordinances were originally proposed for action by the Council at its March 17th meeting, but the meeting was cancelled due to the COVID-19 Pandemic. • Considerations: The City staff evaluated the proposals, and staff recommends the award of four nonexclusive franchise licenses to operate scooters in the City. Each franchise is for an initial one-year term with the mutual option to renew for up to four additional one-year terms. Each franchise has a summary of terms attached to it describing the number of scooters and other relevant terms. Also attached hereto is a draft of the franchise agreement and exhibits. The franchise agreement will be in substantial conformity to this draft. • Public Information: Public notice regarding the award of franchises was twice advertised. In anticipation of the Council resuming its meetings, an additional advertisement was placed for a public hearing to be held during the May 19, 2020 Formal Session. • Recommendations: Authorize the non-exclusive franchises. • Attachments: Disclosure Statements (4), Ordinances (4), Summaries of Terms (4); Draft Franchise Agreement and Exhibits Recommended Action: Approval Submitting Department: Office of the City Manager City Manager: /1/1/I1.. 1 AN ORDINANCE GRANTING A NON-EXCLUSIVE 2 FRANCHISE TO OPERATE SCOOTERS IN THE 3 PUBLIC STREETS AND RIGHTS-OF-WAY OF THE 4 CITY TO BIRD RIDES, INC. 5 6 WHEREAS, Bird Rides, Inc., doing business as Bird, ("Bird") desires to operate a 7 scooter rental business in the City's streets and public rights-of-way; 8 9 WHEREAS, the City solicited proposals for scooter companies, and upon review 10 of the proposals submitted, the City staff recommends award of a franchise license to 11 Bird subject to the terms and conditions set forth in the summary of terms attached hereto 12 as Exhibit A and made a part hereof (the "Summary of Terms") and in substantial 13 conformity with the draft franchise agreement provided to City Council for the March 17, 14 2020 agenda. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 That the City Council hereby authorizes the City Manager to execute a non- 20 exclusive franchise agreement with Bird, in accordance with the Summary of Terms, and 21 such other terms, conditions or modifications, as may be acceptable to the City Manager 22 and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manage«_ ice Ci y rney's Office CA15005 R-2 March 9, 2020 EXHIBIT A BIRD RIDES, INC FRANCHISE AGREEMENT SUMMARY OF TERMS Parties: City of Virginia Beach ("City") and BIRD RIDES, INC. ("Bird") Term: Initial term of one (1) year, with four (4) additional renewal terms of one (1) year each. Extensions are not automatic. Extension must be in writing and signed by each party. Franchise Cap: 250 scooters, subject to Special Term, below. Regulations: Implementation and compliance with safety plan, technical requirements, maintenance plan, data management plan, staffing plan/organizational structure and related regulations. Fees: Annual Franchise Fee $50 per scooter subject to franchise. Initial Franchise Start-up Fee of$5,000 per franchise. Scooter Use Fee of fifty cents ($0.50) per scooter per day (note: the fee is based on the number of scooters actually deployed each day). Termination: Bird must remove its devices upon termination of the franchise. The City can terminate without cause with 30 days' notice. In the event of violations of law, safety or health standards, the franchise can be terminated immediately. Insurance: Workers' Compensation (not less than $500,000); Commercial General Liability (not less than $1 million per occurrence and a $5 million aggregate), City named as additional insured; Automobile Liability (min. $2 million combined single limit; or Bodily Injury $1 million per person, $2 million accident and property damage $100,000 each accident) Special Term: The Franchise Cap may be administratively increased in an amount of not more than 20% at the request of Franchisee for a duration not longer than 30 days. Any requested approval above 20% to be forwarded to City Council. 1 AN ORDINANCE GRANTING A NON-EXCLUSIVE 2 FRANCHISE TO OPERATE SCOOTERS IN THE 3 PUBLIC STREETS AND RIGHTS-OF-WAY OF THE 4 CITY TO NEUTRON HOLDINGS, INC. 5 6 WHEREAS, Neutron Holdings, Inc., doing business as Lime, ("Lime") desires to 7 operate a scooter rental business in the City's streets and public rights-of-way; 8 9 WHEREAS, the City solicited proposals for scooter companies, and upon review 10 of the proposals submitted, the City staff recommends award of a franchise license to 11 Lime subject to the terms and conditions set forth in the summary of terms attached hereto 12 as Exhibit A and made a part hereof (the "Summary of Terms") and in substantial 13 conformity with the draft franchise agreement provided to City Council for the March 17, 14 2020 agenda. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 That the City Council hereby authorizes the City Manager to execute a non- 20 exclusive franchise agreement with Lime, in accordance with the Summary of Terms, and 21 such other terms, conditions or modifications, as may be acceptable to the City Manager 22 and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager Office City Attcey's Office CA15007 R-2 March 9, 2020 EXHIBIT A NEUTRON HOLDINGS, INC. (d/b/a LIME) FRANCHISE AGREEMENT SUMMARY OF TERMS Parties: City of Virginia Beach ("City") and NEUTRON HOLDINGS, INC. d/b/a LIME ("Lime") Term: Initial term of one (1) year, with four (4) additional renewal terms of one (1) year each. Extensions are not automatic. Extension must be in writing and signed by each party. Franchise Cap: 250 scooters, subject to Special Term, below. Regulations: Implementation and compliance with safety plan, technical requirements, maintenance plan, data management plan, staffing plan/organizational structure and related regulations. Fees: Annual Franchise Fee $50 per scooter subject to franchise. Initial Franchise Start-up Fee of$5,000 per franchise. Scooter Use Fee of fifty cents ($0.50) per scooter per day (note: the fee is based on the number of scooters actually deployed each day). Termination: Lime must remove its devices upon termination of the franchise. The City can terminate without cause with 30 days' notice. In the event of violations of law, safety or health standards, the franchise can be terminated immediately. Insurance: Workers' Compensation (not less than $500,000); Commercial General Liability (not less than $1 million per occurrence and a $5 million aggregate), City named as additional insured; Automobile Liability (min. $2 million combined single limit; or Bodily Injury $1 million per person, $2 million accident and property damage $100,000 each accident) Special Term: The Franchise Cap may be administratively increased in an amount of not more than 20% at the request of Franchisee for a duration not longer than 30 days. Any requested approval above 20% to be forwarded to City Council. 1 AN ORDINANCE GRANTING A NON-EXCLUSIVE 2 FRANCHISE TO OPERATE SCOOTERS IN THE 3 PUBLIC STREETS AND RIGHTS-OF-WAY OF THE 4 CITY TO SKINNY LABS, INC. 5 6 WHEREAS, Skinny Labs, Inc., doing business as Spin, ("Spin") desires to operate 7 a scooter rental business in the City's streets and public rights-of-way; 8 9 WHEREAS, the City solicited proposals for scooter companies, and upon review 10 of the proposals submitted, the City staff recommends award of a franchise license to 11 Spin subject to the terms and conditions set forth in the summary of terms attached hereto 12 as Exhibit A and made a part hereof (the "Summary of Terms") and in substantial 13 conformity with the draft franchise agreement provided to City Council for the March 17, 14 2020 agenda. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 That the City Council hereby authorizes the City Manager to execute a non- 20 exclusive franchise agreement with Spin, in accordance with the Summary of Terms, and 21 such other terms, conditions or modifications, as may be acceptable to the City Manager 22 and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Marna is Office Cit ey's Office CA15006 R-2 March 9, 2020 EXHIBIT A SKINNY LABS, INC d/b/a SPIN FRANCHISE AGREEMENT SUMMARY OF TERMS Parties: City of Virginia Beach ("City") and SKINNY LABS, INC. ("Spin") Term: Initial term of one (1) year, with four (4) additional renewal terms of one (1) year each. Extensions are not automatic. Extension must be in writing and signed by each party. Franchise Cap: 250 scooters, subject to Special Term, below. Regulations: Implementation and compliance with safety plan, technical requirements, maintenance plan, data management plan, staffing plan/organizational structure and related regulations. Fees: Annual Franchise Fee $50 per scooter subject to franchise. Initial Franchise Start-up Fee of$5,000 per franchise. Scooter Use Fee of fifty cents ($0.50) per scooter per day (note: the fee is based on the number of scooters actually deployed each day). Termination: Spin must remove its devices upon termination of the franchise. The City can terminate without cause with 30 days' notice. In the event of violations of law, safety or health standards, the franchise can be terminated immediately. Insurance: Workers' Compensation (not less than $500,000); Commercial General Liability (not less than $1 million per occurrence and a $5 million aggregate), City named as additional insured; Automobile Liability (min. $2 million combined single limit; or Bodily Injury $1 million per person, $2 million accident and property damage $100,000 each accident) Special Term: The Franchise Cap may be administratively increased in an amount of not more than 20% at the request of Franchisee for a duration not longer than 30 days. Any requested approval above 20% to be forwarded to City Council. 1 AN ORDINANCE GRANTING A NON-EXCLUSIVE 2 FRANCHISE TO OPERATE SCOOTERS IN THE 3 PUBLIC STREETS AND RIGHTS-OF-WAY OF THE 4 CITY TO VEORIDE, INC. 5 6 WHEREAS, VeoRide, Inc., doing business as Veo, ("Veo") desires to operate a 7 scooter rental business in the City's streets and public rights-of-way; 8 9 WHEREAS, the City solicited proposals for scooter companies, and upon review 10 of the proposals submitted, the City staff recommends award of a franchise license to 11 Veo subject to the terms and conditions set forth in the summary of terms attached hereto 12 as Exhibit A and made a part hereof (the "Summary of Terms") and in substantial 13 conformity with the draft franchise agreement provided to City Council for the March 17, 14 2020 agenda. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 That the City Council hereby authorizes the City Manager to execute a non- 20 exclusive franchise agreement with Veo, in accordance with the Summary of Terms, and 21 such other terms, conditions or modifications, as may be acceptable to the City Manager 22 and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 42 -,_..__S__6 4......... -.....-:_____ City Manager's Office `CityAttor s 0 ice CA15008 R-2 March 9, 2020 EXHIBIT A VEORIDE, INC d/b/a VEO FRANCHISE AGREEMENT SUMMARY OF TERMS Parties: City of Virginia Beach ("City") and VEORIDE, INC. ("Veo") Term: Initial term of one (1) year, with four (4) additional renewal terms of one (1) year each. Extensions are not automatic. Extension must be in writing and signed by each party. Franchise Cap: 250 scooters, subject to Special Term, below. Regulations: Implementation and compliance with safety plan, technical requirements, maintenance plan, data management plan, staffing plan/organizational structure and related regulations. Fees: Annual Franchise Fee $50 per scooter subject to franchise. Initial Franchise Start-up Fee of $5,000 per franchise. Scooter Use Fee of fifty cents ($0.50) per scooter per day (note: the fee is based on the number of scooters actually deployed each day). Termination: Veo must remove its devices upon termination of the franchise. The City can terminate without cause with 30 days' notice. In the event of violations of law, safety or health standards, the franchise can be terminated immediately. Insurance: Workers' Compensation (not less than $500,000); Commercial General Liability (not less than $1 million per occurrence and a $5 million aggregate), City named as additional insured; Automobile Liability (min. $2 million combined single limit; or Bodily Injury $1 million per person, $2 million accident and property damage $100,000 each accident) Special Term: The Franchise Cap may be administratively increased in an amount of not more than 20% at the request of Franchisee for a duration not longer than 30 days. Any requested approval above 20% to be forwarded to City Council. FRANCHISE AGREEMENT DRAFT March 9, 2020 FRANCHISE LICENSE AGREEMENT This AGREEMENT (the "Agreement"), dated the day of ,2020, is entered into by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia(the"City") and (the"Franchisee"). RECITALS Whereas,the City issued a request for proposals for non-exclusive franchisesto operate a scooter business within the City; and Whereas, Franchisee submitted proposal to the City requesting a franchise of 250 scooters; and Whereas, the City Council of the City has authorized execution of this Agreement, which may be referred to as the Franchise or the License herein. WITNESSETH That for and in consideration of mutual promises set forth herein,and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the City and the Franchisee hereby agree as follows: A. Term of Agreement This Agreement shall commence on , 2020 and continue thereafter for one year. B. Contract Extension Upon mutual written agreement of all parties and based on the original contract terms and conditions,this Agreement may be extended up to four(4)additional one(1)year periods. Extensions shall not be automatic and any and all extensions shall by written agreement and signed by both parties in the same manner as the Agreement was executed. C. Compliance with Proposal Submittal The Franchisee shall implement and comply with a safety plan, maintenance plan, data management plan, staffing plan/organizational structure submitted to the City with the February 12, 2020 RFP Submittal upon which this Agreement was awarded. The Franchisee shall comply with the technical requirements that were Exhibit A to the RFP Submittal and Exhibit A to this Agreement. Exhibit A is attached hereto and incorporated herein. D. Schedule of Franchise Fees 1. The annual franchise fee is required for each franchise, and the franchise may allow up to 250 scooters. The annual fee shall equal $50 per scooter subject to the franchise and paid at the time of execution of the Agreement. If the number of scooters is increased pursuant to Section E.2, the annual franchise fee shall not increase. 1 FRANCHISE AGREEMENT DRAFT March 9, 2020 2. The initial franchise is a one-time, start-up fee, to be paid at the time of execution of the Agreement, which the City intends to pay for design, fabrication, installation and maintenance of signs and stenciled scooter corrals and other enforcement requirements is $5,000 per franchise. 3. Scooter Franchise Use Fee: a) Fifty cents ($0.50) per scooter per day as a use fee,which shall be invoiced to the Franchisee and paid upon the date provided in such invoice. Revenues from said use fee will be directed toward improving bikeways and trails infrastructure within the City of Virginia Beach. If the number of scooters is increased pursuant to Section E.2, the Scooter Franchise Use Fee shall increase by the number of scooters for the number of days of such increase. E. Modification 1. There may be no modification of any resulting Contract, except in writing, executed by the authorized representatives of the City and the Franchisee. 2. Increase to franchise scooter cap and/or waiver of scooter limit in Resort Area may occur in the following circumstances: a) The franchisee makes a written request to the City's point of contact set forth in Section NN. to increase the franchise scooter cap and/or waive the scooter limit in the Resort Area. This request shall state the quantity requested, reason for the request, duration of such request, and acknowledge such request requires an increase in the Scooter Franchise Use Fee. b) The City's contact may administratively approve the request provided the request does not increase the cap by more than 20% above the approved franchise or the duration of such request exceeds 30 days. Any such approval will be communicated to the City Council through the regular distribution of materials from the City Manager to the Council. c) The City Council retains approval for any such request that exceeds 20% of the approved franchise or duration exceeds 30 days. F. Company Personnel Standards 1. Personnel shall be trained/qualified to perform requested services. If any of the successful Offeror's personnel are not satisfactory in the performance of services to be furnished hereunder in a proper manner and satisfactory to the City, the Franchisee shall remove any such personnel and replace them with satisfactory personnel. 2. Franchisee shall use all reasonable care, consistent with its rights to manage and control its operations, not to employ any persons or use any labor or have any equipment or permit any condition to exist which shall or may cause or be conducive to pose any liability to the general public as well as any activity to be construed as a nuisance. The City retains the right to require the Franchisee to halt all work activities until such conditions are resolved. 2 FRANCHISE AGREEMENT DRAFT March 9, 2020 3. If the Franchisee uses contracted or 1099 workers to complete the work required for the program, the Franchisee shall forward to the City a list of active contracted or 1099 workers quarterly. G. Prompt Remediation of Issues and Problems The Franchisee shall promptly respond to and remediate the following issues: a) Scooter blocking sideway b) Scooter prone c) Scooter blocking drainage or other easement d) Scooter parked in roadway median The Franchisee is encouraged to deploy automatic sensor technology to identify the above issues. Notwithstanding the use of automatic sensors, the Franchisee shall respond and remediate upon notification of the above issues within 30 minutes of the Franchisee shall be subject to the $50 liquidated damage in the following section. The City may waive the liquidated damage if the Franchisee provides an explanation for the failure to timely respond to the City within the required 30 minutes, and the City provides such waiver in writing. H. Violations/Liquidated Damages The Franchise may be revoked and scooters removed from the City upon five(5)violations of any clause of the Franchise Agreement. The City, in its sole discretion, may waive any such violation for purposes of the five violations in the previous sentence,if the Franchisee provides written assurances that the violation has been cured. Any Franchisee that has an agreement revoked pursuant to this section shall not reapply to the City fora franchise for a period of 365 days from the date of revocation. The City may impose a liquidated damage of fifty dollars($50)for any scooter that is found operating in one of the prohibited zones. Currently, the prohibited zones are: The Boardwalk and parallel bike path of the Resort Area; Town Center(see Exhibit B Town Center No Parking / No Riding Scooter Geofence Area ), Mount Trashmore Park, the portions of the Shore Drive Corridor(see Exhibit C Shore Drive Corridor No Parking/No Riding Geofence Area (Yellow highlighted) and streets (interior of edge of pavement to edge of pavement)of roadways with speed limits greater than 25 miles per hour. The City may add or subtract prohibited zones with 30 days' written notice to the Franchisee. Additionally, the Franchisee shall coordinate with the City's Special Events Office to address restrictions when there is a special event—such as a road race —that requires a durational limit to certain streets within the City. If the City impounds a scooter for any reason, the cost to release such scooter from impoundment will be minimum of$10 and subject to any applicable per-day charge. Any liquidated damage or impoundment fee will be invoiced by the City to Franchisees in the same manner as the City invoices use fees. 3 FRANCHISE AGREEMENT DRAFT March 9, 2020 I. Scooter limits in Designated Pedestrian Zones Of the total eight hundred (1,000) City-wide scooter limit, a maximum of forty percent(or our hundred (400) scooters total), shall be permitted to be parked or rented at any given time in the Resort Area as defined by the Resort Area Strategic Growth Area boundary map (see Exhibit D Resort Area Strategic Growth Area Geofence - 40% inventory maximum). Accordingly, 40%of the scooters authorized by a franchise may be allowed in the Resort Area at any given time, and exceeding the 40%limit may result in impoundment. J. Inventory Replacement When a Franchisee is introducing a new model of scooters that improve rider safety and experience, the Franchisee's inventory of scooters in the City shall be replaced within 30 days of that Franchisee's press release introducing the scooter to the nationwide market K. Identifying Marking on Scooter The Franchisee shall cause to be affixed upon each device a marking or identifiable label that is of such size to be readable when traveling at speeds of up to 15 mph. L. Speed Limits on Motorized Scooters Motorized scooters shall be limited to 15 mph where they are permitted except for additional limits as follows: 1. No greater than 10 mph on Atlantic Avenue (entire length —Rudee Inlet to 40th Street) a) No greater than 10 mph on Cape Henry Trail b) All sidewalks where riding is permitted, no greater than 10 mph. M. Parking 1. Resort Area—Any parking of scooters in the Atlantic Avenue — Pacific Avenue corridors (between Rudee Inlet and 42nd Street) of the public rights-of-way shall be in parking corrals as designated by the City. The available spaces in such corrals will be dictated by the available space, and the number of scooters shall be clearly marked at the corral. The Franchisee will incentive and/or penalize renters to park in designated corrals in the Resort Area. Examples of Resort Area parking corrals and associated improvements are depicted in Exhibit E Example of Scooter Parking Corrals outside of the Resort Area. Outside the Resort Area, parking is to be in permitted areas of public rights of way, where four scooters may be parked together. 2. Parking Prohibited Areas — No device shall be parked in the medians or pavement of a roadway. The aforementioned areas are required by City Code to be maintained by the adjacent property owner or by the City and parking of devices in the aforementioned arcx inhibit that maintenance. At certain designated areas the Franchisee shall work with the City to incentive and/or penalize renters to park in designated corrals created at key 4 FRANCHISE AGREEMENT DRAFT March 9, 2020 locations for safety and aesthetic purposes. Examples of those other parking corrals and associated improvements are depicted in Exhibit F Example of Scooter Parking Corral outside of the SGA Resort Area. N. Scooter User Agreements Any Franchisee shall agree that users in the City shall not be required to waive liability as part of user agreements. O. Reporting Requirements The Franchisee shall make available real-time and archival information for their entire Shared Mobility Device fleet within the City consistent with the data plan included in the Franchisee's proposal. Franchisee agrees that City-approved third-party provider may host vehicle location and trip data for the purposes of providing the City with analytics to support transportation policy and planning. Notwithstanding the contents of Franchisee's proposal, the Franchisee shall provide the City with all crash and injury data for such occurrences in the City. P. User Surveys The Franchisee shall make available to the City the opportunity to survey users provided such surveys will not occur more than two times in a calendar year. The City's role in such survey will be limited to expressing a desire to have up to five questions answered. The final form of such survey and the delivery to users will be in the discretion of the Franchisee. The Franchisee shall promptly report the results to the City's requested questions. Q. Termination with Cause/Default/Cancellation In the event that Franchises shall for any reason or through any cause be in default of the terms of this Agreement, the City may give Franchisee written notice of such default by certified mail/return receipt requested at the address set forth in association contract or in the Franchisee's RFP response. Unless otherwise provided, Franchisee shall have ten (10)days from the date such notice is mailed in which to cure the default. Upon failure of Franchisee to cure the default, the City may immediately cancel and terminate this Agreement as of the mailing date of the default notice. Upon termination, Franchisee shall withdraw its personnel and equipment, cease performance of any further work under the Agreement, and turn over to the City any work in process for which payment has been made. In the event of violations of law,safety or health standards and regulations,this Agreement may be immediately cancelled and terminated by the City and provisions herein with respect to opportunity to cure default shall not be applicable. 5 FRANCHISE AGREEMENT DRAFT March 9, 2020 R. Nondiscrimination Employment discrimination by Franchisee shall be prohibited. During the performance of this Agreement, Franchisee agrees as follows: 1. Franchisee will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification/consideration reasonably necessary to the normal operation of Franchisee. Franchisee agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 2. Franchisee, in all solicitations or advertisements for employees placed by or on behalf of Franchisee,will state that Contractor is an equal opportunity employer. 3. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulations shall be deemed sufficient for the purpose of meeting the requirements of this section. 4. Franchisee will include the provisions of the foregoing Sections 1,2,and 3 in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. S. Drug Free Workplace During the performance of this Agreement, Franchisee agrees as follows: 1. Franchisee will provide a drug-free workplace for Franchisee's employees. 2. Franchisee will post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in Franchisee's workplace and specifying the actions that will be taken against employees for violations of such prohibition. 3. Franchisee will state in all solicitations or advertisements for employees placed by or on behalf of Franchisee that Franchisee maintains a drug-free workplace. 4. Franchisee will include the provisions of the foregoing Sections 1,2,and 3 in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. T. Faith Based Organizations The City of Virginia Beach does not discriminate against Faith-Based Organizations. 6 FRANCHISE AGREEMENT DRAFT March 9, 2020 U. Compliance with Immigration Laws Franchisee does not currently, and shall not during the performance of this Agreement, knowingly employ an unauthorized alien, as defined in the federal Immigration Reform and Control Act of 1986. V. Business Entity Registration Foreign and domestic businesses authorize to transact business in the Commonwealth. The Franchisee shall be registered and authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. The Franchisee shall submit proof of such registration to the City. Additionally, the Franchisee shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or canceled at any time during the term of the contract. W. Exclusivity The City reserves the right to procure goods or services covered under this contract from a third party when, in the City's sole discretion,it is deemed to be in the City's best interest X. Compliance with All Laws Franchisee shall comply with all federal, state and local statutes, ordinances, and regulations now in effect or hereafter adopted, in the performance of scope of work set forth herein. Franchisee represents that it possesses all necessary licenses and permits required to conduct its business and will acquire any additional licenses and permits necessary for performance of this Agreement prior to the initiation of work. Y. Venue Any and all suits for any claims or for any and every breach or dispute arising out of this Agreement shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach, or the U.S. District Court for the Eastern District of Virginia, Norfolk District. Z. Agreement interpreted under laws of Virginia This Agreement shall be deemed to be a Virginia contract and shall be governed as to all matters whether of validity, interpretations, obligations, performance or otherwise exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this Agreement shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia. AA.Business License Requirement If the Franchisee is a business, located in the City of Virginia Beach or at any time during the performance of this Agreement obtains situs for purposes of business license taxes, it 7 FRANCHISE AGREEMENT DRAFT March 9, 2020 shall be unlawful for such business to conduct or engage in such business, trade or occupation without having first obtained the proper license from the Commissioner of the Revenue of the City, and the Franchisee covenants that it has a business license where one is required to perform this Agreement. BB. Independent Contractor The Franchisee shall agree and covenant that it is and shall beat all times, an independent contractor,and as such,shall have and maintain complete control over all of its employees and operations. Neither the Contractor nor anyone employed by it shall be, represent, act, purport to act, or be deemed to be an agent, representative, employee or servant of the City. Nothing in this section shall be deemed to absolve or otherwise limit the Franchisee's liability and responsibility to safely and correctly perform its duties under this Agreement. CC. Representation Regarding City Employment; Conflict of Interest: Franchisee represents at the time of contracting and through the pendency of this Agreement that no one with an ownership interest in the Franchisee or the Franchisee's corporate entity, if applicable, or other employee of the Franchisee is also an employee of the City of Virginia Beach, specifically in the City Department initiating or overseeing this Agreement. Franchisee further represents that no individual with an ownership interest in the Franchisee or the Franchisee's corporate entity, if applicable, or other employee has a spouse, other relative or person who resides with the individual that is currently an employee of the City of Virginia Beach, specifically in the City Department initiating or overseeing this Agreement. Should the Franchisee have reasonable belief of a possible conflict of interest, that issue should immediately be brought to the attention of the City's Purchasing Division for review. DD. Integration/Merger This Agreement and any appendices attached hereto constitute the entire agreement of the parties and supersedes all prior agreements, understandings and negotiations, whether written or oral,between the parties. This Agreement may not be modified,except in a writing signed by both parties that is expressly stated to be an amendment hereto. EE.Severability The provisions of this Agreement shall be deemed to be severable, and should any one or more of such provisions be declared or adjudged to be invalid or unenforceable, the remaining provisions shall be unaffected thereby and shall remain in full force and effect. FF. Environmental Liability Any costs or expenses associated with environmentally related violations of the law, the creation or maintenance of a nuisance, or releases of hazardous substances, including, but not limited to, the costs of any cleanup activities, removals, remediations, responses, damages, fines, administrative or civil penalties or charges imposed on the City, whether because of actions or suits by any governmental or regulatory agency or by any private party, as a result of the storage, accumulation, or release of any hazardous substances, or any noncompliance with or failure to meet any federal, state or local standards, 8 FRANCHISE AGREEMENT DRAFT March 9, 2020 requirements, laws, statutes, regulations or the law of nuisance by Franchisee(or by its agents, officers, employees, subcontractors, consultants, subconsultants, or any other persons,corporations or legal entities employed,utilized,or retained by Franchisee)in the performance of this Agreement or related activities, shall be paid by Franchisee. This paragraph shall survive the termination, cancellation or expiration of this Agreement. GG. Waiver No failure of the City to exercise any right or power given to it by law or by this Agreement, or to insist upon strict compliance by Franchisee with any of the provisions of this contrail, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of the City's right to demand strict compliance with the terms of this Agreement. HH. Interpretation Whenever the context hereof shall require, the singular shall include the plural,the plural the singular, and the use of any gender shall be applicable to all genders. II. Descriptive Headings The descriptive headings appearing in this Agreement are for convenience only and shall not be construed either as a part of the terms, covenants, and conditions hereof or as an interpretation of such terms, covenants, and conditions. II. Non-appropriation It is understood and agreed between the Parties hereto that the City shall be bound and obligated hereunder only to the extent that the funds shall have been appropriated and budgeted for the purpose of this Agreement. In the event funds are not appropriated and budgeted in any fiscal year for payments due under this Agreement, the City shall immediately notify Franchisee of such occurrence and this Agreement shall terminate on the last day of the fiscal year for which appropriations were received without penalty or expense to the City of any kind whatsoever. JJ. Assignment of Agreement The Franchisee shall not, without the prior written consent of the City, assign, delegate, or otherwise transfer, in whole or in part, the Agreement or any of the Contractor's rights or obligations arising hereunder. The City may, in its sole discretion, consent or decline to consent to any such assignment, delegation, or transfer, or may give its conditional consent thereto. In the event the City conditionally consents to such an assignment, delegation, or transfer, such consent may, without limitation, be conditional upon Contractor's remaining fully and unconditionally liable to the City for any breach of the terms of this Agreement by Franchisee's transferee and for any damage or injury sustained by a third party or parties as a result of the intentional act or omission, negligence, or breach of warranty by Franchisee's transferee. KK. Termination without Cause The City may at any time, and for any reason, terminate this Agreement by written notice to Franchisee specifying the termination date, which shall be not less than thirty(30)days 9 FRANCHISE AGREEMENT DRAFT March 9, 2020 from the date such notice is mailed. Notice shall be given to Franchisee by certified mail/return receipt requested at the address set forth in this Agreement. In the event of such termination, Franchisee shall be pay any amounts owed to the City at the time of termination. If the City terminates this Agreement without cause, Franchisee shall withdraw its personnel and equipment, cease performance of any further work under this Agreement, and turn over to the City any work completed or in process for which payment has been made. LL. Hold Harmless/Indemnification It is understood and agreed that Franchisee hereby assumes the entire responsibility and liability for any and all damages to persons or property caused by or resulting from or arising out of any act or omission on the part of Franchisee, its subcontractors, agents or employees under or in connection with this Agreement or the performance or failure to perform any work required by this Agreement. Franchisee agrees to indemnify and hold harmless the City and its agents, volunteers, servants, employees and officials from and against any and all claims, losses, or expenses, including reasonable attorney's fees and litigation expenses suffered by any indemnified party or entity as the result of claims or suits due to, arising out of or in connection with (a) any and all such damages, real or alleged, (b)the violation of any law applicable to this Agreement, and (c)the performance of the work by Franchisee or those for whom Franchisee is legally liable. Upon written demand by the City, Franchisee shall assume and defend at Franchisee's sole expense any and all such suits or defense of claims made against the City, its agents, volunteers, servants, employees or officials. MM. Insurance 1. Franchisee agrees to secure and maintain in full force and effect at all times during the term of this Agreement,the following policies of insurance: 2. Workers' Compensation Insurance of not less than $500,000, as required under Virginia Code Title 65.2. 3. Comprehensive General Liability Insurance,including contractual liability and products and completed operations liability coverages, in an amount not less than one million dollars ($1,000,000) per occurrence and a five million ($5,000,000) aggregate policy. Such insurance shall name the City of Virginia Beach as an additional insured. 4. Automobile Liability Insurance including coverage for non-owned and hired vehicles in an amount not less than 1 million ($1,000,000)combined single limit. Such insurance must cover liability arising from any motor vehicle as defined by Commonwealth of Virginia laws and must include coverage for owned, hired and non-owned motor vehicles, as well as uninsured and underinsured motorists. 5. Umbrella Policy in an amount of$5 million. All policies of insurance required herein shall be written by insurance companies licensed to conduct the business of insurance in Virginia,and acceptable to the City, and shall carry 10 FRANCHISE AGREEMENT DRAFT March 9, 2020 the provision, that the insurance will not be cancelled or materially modified without thirty days (30) prior written notice to the City. In certain cases, where coverage is unavailable through licensed carriers, certificates of insurance written by a Surplus Lines Carrier authorized by the Virginia State Corporation Commission to transact the business of insurance in Virginia and acceptable to the City of Virginia Beach may be approved. Franchisee shall list the City of Virginia Beach as an additional insured, and furnish the City with certificate of insurance showing Franchisee's compliance with the foregoing requirements. The liability insurance shall cover liability that includes users of the scooters. NN. Notice All notices and requests required or permitted hereunder shall be sent by United States certified mail, return receipt requested and to be effective, shall be postmarked not later than the final date for giving of such notice; or such notices may be sent by commercial messenger service, in which event, to be effective, such notices shall be delivered to a commercial messenger service not later than the final date for giving such notice. Notices for the City of Virginia Beach shall be addressed as follows: Brian Solis Office of the City Manager Municipal Center, Rm 234 2401 Courthouse Drive Virginia Beach, VA 23456 Notices for Franchisee Michael Keating, SVP, Cities 406 Broadway#369 Santa Monica, CA 90401 Such addresses may be changed at any time and from time to time by like written notice given by either party to the other. 00. Offset/Setoff The City may withhold the payment of any claim or demand by any person, firm or corporation against the City until any delinquent indebtedness or other liability, including taxes, due to the City from such person, firm or corporation shall first have been settled and adjusted. PP. Audits The City shall have the right to audit all books and records (in whatever form they may be kept, whether written, electronic or other) relating or pertaining to this Agreement (including any and all documents and other materials, in whatever form they may be kept, which support or underlie those books and records), kept by or under the control of Franchisee, including, but not limited to those kept by Franchisee,its employees, agents, assigns, successors and subcontractors. Franchisee shall maintain such books and records, together with such supporting or underlying documents and materials, for the 11 FRANCHISE AGREEMENT DRAFT March 9, 2020 duration of this Agreement and for at least three years following the completion of this Agreement, including any and all renewals thereof. The books and records, together with the supporting or underlying documents and materials shall be made available, upon request, to the City, through its employees, agents, representatives, contractors or other designees, during normal business hours at Franchisee's office or place of business in Virginia Beach, Virginia. In the event that no such location is available, then the books and records, together with the supporting or underlying documents and records, shall be made available for audit at a time and location in Virginia Beach, Virginia, which is convenient for the City. This paragraph shall not be construed to limit, revoke,or abridge any other rights,powers, or obligations relating to audit which the City may have by state, city, or federal statute, ordinance, regulation, or agreement, whether those rights, powers, or obligations are express or implied. QQ. Submission and Disposition of Contractual Claims Prompt knowledge by the City of an existing or impending claim for damages or other relief may alter the plans, scheduling, or other action of the City and/or result in mitigation or elimination of the effects of the claim. Therefore, a written statement providing the City with notice of the Contractor's intention to file a claim which (i) describes the act or omission by the City or its agents that the Franchisee contends caused it damages or entitles it to other relief; and (ii) provides a description of the nature and amount of the claim. Such written statement shall be submitted to the City within 20 days of the time of the occurrence or beginning of the work upon which the claim is based;provided,however, if such damage is deemed certain in the opinion of the Contractor to result from its acting on an order from the City, it shall immediately take written exception to the order. For purposes of this provision, "claim" shall include, without limitation, any request for an increase in the contract price or time and any request for equitable adjustment. Submission of a notice of claim as specified shall be mandatory, and failure to submit such notice shall be a conclusive waiver to such claim for damages or other relief by the Franchisee. Neither an oral notice or statement, nor an untimely notice or statement will be sufficient to satisfy the requirements herein. The City will review the claim and render a final decision in writing within thirty(30)days of receipt of Franchisee's written request for a final decision. Such decision shall be find and binding to the fullest extent allowed by law. RR. Payments to Subcontractors In accordance with Title 2.2, Chapter 43, Article 4 of the Code of Virginia(Virginia Public Procurement Act), the Franchisee shall make payment to all subcontractors, as defined in the Code, within seven (7) days after receipt of payment from the City; or, shall notify the City and the subcontractor in writing of the intention to withhold all or part of the amount due with the reason for nonpayment. In the event payment is not made as noted, the Franchisee shall pay interest at the rate of one percent(1%) per month, unless otherwise provided in the contract, to the subcontractor on all amounts that remain unpaid after seven (7)days except for the amounts withheld as provided herein. These same requirements shall be included in each subcontract and shall be applicable to each lower-tier subcontractor. The Franchisee shall provide the City with its social 12 FRANCHISE AGREEMENT DRAFT March 9, 2020 security number or federal taxpayer identification number prior to any payment being made under this Agreement. The Franchisee's obligation to pay an interest charge to a subcontractor pursuant to the payment clause in this section may not be construed to be an obligation of the City. A contract modification may not be made for the purpose of providing reimbursement for such interest charge. A cost reimbursement claim may not include any amount for reimbursement for such interest charge. [remainder of page intentionally left blank.] With the intent to be bound,the parties to this Agreement affix their respective signatures: BIRD RIDES, INC. CITY OF VIRGINIA BEACH, VIRGINIA Name: Name: Title: Title: Date: Date: Other City approvals: APPROVED AS TO CONTENT: APPROVED AS TO RISK MANAGEMENT: APPROVED AS TO LEGAL SUFFICIENCY: 13 EXIBIT A-TECHNICAL REQUIREMENTS In the table below mark Yes/No to indicate whether the system proposed by applicant includes each of the identified features. In the Technical Specifications of the Proposed System column provide information on any items where the proposed system varies (exceeds or does not meet) from the preferred requirements. The Offerors shall explain the reasons for any deviations from the City's requirements. During the negotiations the City may adjust its requirements for the particular elements of the system based on the Offerors' proposals. No. Preferred Requirements Does the proposed Technical Specifications of the Proposed System system include this (if different from the minimum requirements, feature? INCLUDING EXPLANATION of reasons) Yes No Electric Scooters 1 Durable and able to be kept outside 365 days per year with minimal wear. Rust resistant. _ 2. Fenders installed to protect users from tire spray. 3 White light mounted on the front of the scooter, and a red lights mounted on the rear. A flashing red light is preferred. Lights whose energy is generated from the scooter and lights that remain on during short stops are preferred. _ 4. Able to handle small inclines or grades such as pedestrian inclines or bridges. 5. Provided with a reliable and intuitive braking system. 6. Either a bell or a horn mounted. 7. Tamper resistant and with puncture resistant tires. The user should not be able to easily remove components. 8. All scooters must be uniform in nature, marked consistently and of the same model. g. Scooters must include instructions for use. 1 EXIBIT A-TECHNICAL REQUIREMENTS 10. Comfortably and safely accommodate various heights of riders, with a rider capacity of at least 250 lbs., and minimal or simple adjustments. 11. May have a secondary lock or hold feature to enable the user to secure the scooter while making stops and reserving the unit. 12. Scooter warranty managed under the electric scooter service provider. Warranty must address any parts issues, manufacturing defects, system concerns or vandalism. 13. Equipped with a tracking system [eg. global positioning system ("GPS"), radio-frequency identification ("REID"), etc.]. 14. Advertising space of System sponsors must be minimized. 15. Include a clearly visible unique identifying number or alpha-number combination on each scooter. 16. Include a clearly visible phone number to call with concerns or notification of the need to remove. 17. Physical capability to have governed or restricted maximum speeds to ensure safety. Desired maximum speed (i.e. max 10 MPH or 15MPH) in geographical areas or boundaries within the City will be agreed upon by the City and the Contractor. 18. Ability to restrict vehicle usage in specific locations or areas of the City. 19. Ability to restrict vehicle usage at certain times of day or night. Docking Stations(if applicable) 1. Smallest feasible footprint and not permanent in nature. 2. Solar(or otherwise independently) powered with no expectations for the City to supply power feeds. 3. User interface that allows for reservations, payments, membership options and reporting maintenance issues. 4. Docking station(s) must be new and uniform in nature, marked consistently and of the same model. 5 Wireless connectivity. 2 EXIBIT A-TECHNICAL REQUIREMENTS 5 User interface must include both written and other American's with _ Disabilities Act ("ADA") compliant instructions. 7. Customizable form of identification and payment (i.e.transit pass or student ID). 8. Ability of quick set up in temporary locations to support special events or areas of heavy activity or usage (i.e. Something in the Water Festival) or remove all scooters or create new geographically restricted areas on short notice (i.e. Shamrock Marathon and other run events) g. Ability to restrict user to single rider use only Smart Phone App Capabilities 1. Ability to scan rider identification to enable or restrict scooter use 2. Ability to program, communicate and ensure acknowledgement of rider use agreement prior to initial and each use 3. Ability to program and show audio and visual educational / instructional videos on proper use prior to initial and each use 4. Ability to photograph, geolocate and incentivize/penalize appropriate parking locations Reporting and Data Sharing Capabilities 3 EXIBIT A-TECHNICAL REQUIREMENTS 1 The Mobility Data Specification (MDS) is a set of data specifications and data sharing requirements focused on scooters.The goal of MDS is to provide application programming interface (API) and data standards for municipalities to help ingest, compare and analyze mobility as a service provider data. The MDS helps the City ingest and analyze information from for- profit companies who operate scooters in the public right-of-way. MDS is a key piece of digital infrastructure that helps cities and regulators. Sharing MDS with the City as part of the Motorized Scooter franchise license requirement. 2. Provision of detailed reports as needed by the City. City staff should be able to easily and quickly run reports on an ad-hoc basis. 3. Reports showing utilization of scooters (overall usage, daily usage, monthly usage by scooter). 4. Reports showing number of patrons who have downloaded the app and detailed demographics of riders. 5. Reports or interface showing current distribution and location of scooters. 6. Reports showing total number of members with the ability to differentiate between daily/visitor users and annual users, as well as growth over a set period of time defined by the City. 7. Daily and Monthly reports showing total number of charged available electric scooters citywide and total number of electric scooter in for service, repair, or on hold by the Contractor. 8. Maintenance reporting feature showing number of repairs,details of repair, and time in/out of service. g. Financial reports detailing membership and usage fees. 10. Real time reporting of scooter availability for system users. 4 EXIBIT A-TECHNICAL REQUIREMENTS 11. Financial reports showing agreed revenue share accumulated by the City per day, monthly,and annually. 5 Scooter Franchise RFP Exhibits B-E Exhibit B Town Center No Parking/No Riding Scooter Geofence Area 1" �1 1,, ', ' ti I� ..4( \ r? ..x t, 'A:: . w: 1. rr/ac14 i I'".c ti r}!lR sr dl „.,,,,;,,TafiaAT f.0 W,N 6 ' golio 0 . Exhibit C Shore Drive Corridor No Parking/No Riding Geofence Area(Yellow highlighted) --4- Shore Drive Corridor - y 4,r Wyss 6..7.1.I..wN.C.o.... ✓ ` �.... �{` 1 "1 -----?_‘) 0opt Fc y�LN,3t • 2 _ ,,,eir es,------7_, 0 006 07 1• 21 2. 0 I.060 3.900 7.096 11.700 15 OM/ O 6•0.. w.. F..1 0 10 Acne s A... 1 Scooter Franchise RFP Exhibits B-E Exhibit D Resort Area Strategic Growth Area Geofence(40%inventory max.) ivripr MOW ! t�ri � S�n '�,; Resort SGA �':^? of Location Map .�: '�Ae-r-!ern w®* ,. ,� \''' 4111111414044 'tip # ! rr ;' �pY „it‘0,, ,4...r: . • , . . ,.z.„i.„. ,1.D Q ..;fir: D'h• .. n (4, = ti" _ w' Y r Wri..,.: , .Iii ''''''''''''''. ,,,.':';.".":,',;;,..i.'"°,:,:::',....-4-''' ''....". ' . . \ �!l 4 rt-. • St, 'Pllttlli�h�� '__�f yy 7 'a �' N R .e.?. •Gea d 2 Scooter Franchise RFP Exhibits B-E Exhibit E Example of Scooter Parking Corrals outside of the Resort Area RESORT AREA TYPICAL CORRAL CONCEPT ATLANTIC AVE&13TH STREET CONNECTOR PARK -*°141i% 1 .....,t j � 4 CORRAL SIGN CONCEPT CONCRETE DECALS -r a isp e. c, e -' tee. itialltb 3 Scooter Franchise RFP Exhibits B-E Exhibit F Example of Scooter Parking Corral outside of the SGA Resort Area CITY-WIDE TYPICAL CORRAL CONCEPT SALEM RD.&S.INDEPENDENCE BLVD.INTERSECTION 4 �. .... L . IMO , I r ., all 7 y, 1 4.—.:51-111t4'; -- '7: - ' : .i. .5 t.' 7* 6,0 4 DISCLOSURE STATEMENT FORM 4 -4 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 (Bl `ide , �i Organization name: 1`�t��' 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 NO SERVICE PROVIDER (use additional sheets if needed) U V Accounting and/or preparer of your tax return Financial Services (include plending/banking institutions and j-� current mortgage holders as applicable) El p___ Legal Services n Broker/Contractor/Engineer/Other ?tt Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand m) responsible for updating the information provided herein if it chap s-p for to,the Council action upon this Application. 1 2 Fcito.1\ Gv rnt o ershi s 1Z, APPL ANT'S SIGNATURE NAME DATE 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: Skinny Labs, Inc. DBA Spin 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 NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of X your tax return Financial Services (include X lending/banking institutions and current mortgage holders as applicable) X Legal Services Broker/Contractor/Engineer/Other X 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. i /1_��, William D. Burns May 1 3, 2020 / Gt. � .__ APPLICANT'S SIGNATURE PRINT NAME DATE 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 VeoRide Inc Organization name: 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 NO SERVICE PROVIDER (use additional sheets if needed) L- .❑ Accounting and/or preparer of Paro,Inc your tax return Financial Services (include NA lending/banking institutions and current mortgage holders as applicable) Gutwein Law,LLC c2 Legal Services �T Foundershield,LLC 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. - Bowen Xie May 12,2020 APPLICANT'S✓ � SIGNATURE PRINT NAME DATE 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: Neutron Holdings, Inc. dba Lime 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 NO SERVICE PROVIDER (use additional sheets if needed) ❑ ■ Accounting and/or preparer of 1 None in our connection with your tax return Virginia Beach Financial Services (include lending/ None in our connection with ❑ banking institutions and current Virginia Beach mortgage holders as applicable) ❑ ■ None in our connection with Legal Services Virginia Beach Broker/Contractor/Engineer/Other None in our connection with ❑ Service Providers Virginia Beach 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 i changes prior to the Council action upon this Application. 7//tv,14 Michael Kurlancheek 5/13/20 APPLICANT'S SIGNATURE PRINT NAME DATE r / CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting Fourteen Franchise Agreements for Open Air Cafes in the Resort Area MEETING DATE: May 19, 2020 • Background: By resolution adopted November 15, 1985, City Council authorized the City Manager to promulgate Open Air Café Regulations, which have been amended from time to time, for the operation of open air cafés on public property. The City has developed a franchise agreement for the regulation of open air cafés, which the grantees are required to execute as a condition of the grant. The City Council has traditionally granted initial franchises for one-year terms. If an open air café is successfully operated during the initial one-year term, the franchisee may return to Council upon the expiration of the one-year term and request a five-year franchise agreement. ■ Considerations: Fourteen entities are seeking either one-year or five-year franchise agreements. The following entities request franchises for one-year terms: (1) 3001 Atlantic, LLC, t/a Catch 31 Café, for operation of a Boardwalk Café; (2) 3315 Atlantic, LLC, t/a Lagerheads Café, for operation of a Boardwalk Café; and (3) 3315 Atlantic, LLC, t/a Lagerheads Café, for operation of a Connector Park Cafe. The following entities request franchise renewals for five-year terms: (1) Kamales, Inc., t/a 9th Street Grill Cafe, for operation of an Atlantic Avenue Sidewalk Café; (2) Calabrese Management Group, Inc., t/a Albie's Pizza Cafe, for operation of an Atlantic Avenue Side Street Café; (3) A.C.A. Corporation, t/a Black Angus Café, for operation of an Atlantic Avenue Sidewalk Café; (4) Virginia George Co., Inc., ha Dough Boys Café, for operation of an Atlantic Avenue Sidewalk Café; (5) Crestline Hotels & Resorts, LLC, t/a Marriott Courtyard Café, for operation of a Boardwalk Café; (6) Planet Pizza, Inc., t/a Planet Pizza Café, for operation of an Atlantic Avenue Sidewalk Café; (7) Rock Fish Sea Grill, LLC, t/a Rockfish Café, for operation of a Connector Park Café; (8) Rock Fish Sea Grill, LLC, ha Rockfish Café, for operation of a Boardwalk Café; (9) VB'S Raw Bar, Inc., t/a Seaside Raw Bar Café, for operation of an Atlantic Avenue Sidewalk Café; (10) 11th Street Tap House, LLC, t/a 11th Street Taphouse Bar and Grille, for operation of a Boardwalk Café; and (11) 11th Street Tap House, LLC, t/a 11th Street Taphouse Bar and Grille, for operation of a Connector Park Café. a Public Information: A public notice was published in The Beacon on May 10, 2020. e Attachments: Ordinance and Disclosure Forms Recommended Action: Adopt Ordinance �;, Submitting Department/Agency: Strategic Growth Area Office '1,.4 City Manager: Titil L r ) 1 AN ORDINANCE GRANTING FOURTEEN 2 FRANCHISE AGREEMENTS FOR OPEN AIR 3 CAFÉS IN THE RESORT AREA 4 5 WHEREAS, by resolution adopted November 25, 1985, City Council authorized 6 the City Manager to promulgate Open Air Cafe Regulations, which have been amended 7 from time to time, for the operation of open air cafés on public property; and 8 9 WHEREAS, the City Council has traditionally granted initial franchises for one- 10 year terms; and 11 12 WHEREAS, if an open air café is successfully operated during the initial one- 13 year term, the franchisee may return to Council and request a five-year franchise 14 agreement; and 15 16 WHEREAS, fourteen entities are seeking either one-year or five-year franchise 17 agreements; and 18 19 WHEREAS, the following entities request franchises for one-year terms: (1) 3001 20 Atlantic, LLC, t/a Catch 31 Café, for operation of a Boardwalk Café; (2) 3315 Atlantic, 21 LLC, t/a Lagerheads Café, for operation of a Boardwalk Café; and (3) 3315 Atlantic, 22 LLC, t/a Lagerheads Café, for operation of a Connector Park Café; and 23 24 WHEREAS, the following entities request franchise renewals for five-year terms: 25 (1) Kamales, Inc., t/a 9th Street Grill Cafe, for operation of an Atlantic Avenue Sidewalk 26 Café; (2) Calabrese Management Group, Inc., t/a Albie's Pizza Café, for operation of an 27 Atlantic Avenue Side Street Café; (3) A.G.A. Corporation, t/a Black Angus Café, for 28 operation of an Atlantic Avenue Sidewalk Cafe; (4) Virginia George Co., Inc., t/a Dough 29 Boys Café, for operation of an Atlantic Avenue Sidewalk Café; (5) Crestline Hotels & 30 Resorts, LLC, t/a Marriott Courtyard Café, for operation of a Boardwalk Café; (6) Planet 31 Pizza, Inc., t/a Planet Pizza Café, for operation of an Atlantic Avenue Sidewalk Café; (7) 32 Rock Fish Sea Grill, LLC, t/a Rockfish Café, for operation of a Connector Park Café; (8) 33 Rock Fish Sea Grill, LLC, t/a Rockfish Café, for operation of a Boardwalk Café; (9) VB'S 34 Raw Bar, Inc., t/a Seaside Raw Bar Café, for operation of an Atlantic Avenue Sidewalk 35 Café; (10) 11th Street Tap House, LLC, tla 11th Street Taphouse Bar and Grille, for 36 operation of a Boardwalk Café; and (11) 11th Street Tap House, LLC, t/a 11th Street 37 Taphouse Bar and Grille, for operation of a Connector Park Café. 38 39 WHEREAS, the Planning Department/Strategic Growth Area Office recommends 40 that the above-named entities be granted open air café franchise agreements. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH: 44 45 That the City Council hereby grants one-year franchise agreements to (1) 3001 46 Atlantic, LLC, t/a Catch 31 Café, for operation of a Boardwalk Café; (2) 3315 Atlantic, 47 LLC, t/a Lagerheads Café, for operation of a Boardwalk Café; and (3) 3315 Atlantic, 48 LLC, t/a Lagerheads Café, for operation of a Connector Park Café. 49 50 That the City Council hereby grants five-year franchise agreements to (1) 51 Kamales, Inc., Va 9th Street Grill Cafe, for operation of an Atlantic Avenue Sidewalk 52 Café; (2) Calabrese Management Group, Inc., t/a Albie's Pizza Café, for operation of an 53 Atlantic Avenue Side Street Café; (3) A.C.A. Corporation, Va Black Angus Café, for 54 operation of an Atlantic Avenue Sidewalk Café; (4) Virginia George Co., Inc., Va Dough 55 Boys Café, for operation of an Atlantic Avenue Sidewalk Café; (5) Crestline Hotels & 56 Resorts, LLC, Va Marriott Courtyard Café, for operation of a Boardwalk Café; (6) Planet 57 Pizza, Inc., Va Planet Pizza Café, for operation of an Atlantic Avenue Sidewalk Café; (7) 58 Rock Fish Sea Grill, LLC, t/a Rockfish Café, for operation of a Connector Park Café; (8) 59 Rock Fish Sea Grill, LLC, t/a Rockfish Café, for operation of a Boardwalk Café; (9) VB'S 60 Raw Bar, Inc., Va Seaside Raw Bar Café, for operation of an Atlantic Avenue Sidewalk 61 Café; (10) 11th Street Tap House, LLC, t/a 11th Street Taphouse Bar and Grille, for 62 operation of a Boardwalk Café; and (11) 11th Street Tap House, LLC, Va 11th Street 63 Taphouse Bar and Grille, for operation of a Connector Park Café. 64 65 Adopted by the City Council of Virginia Beach, Virginia on this day of 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Strategic Growth Area Office C✓✓ity Attorney's Office CA 14981 R-7 May 7, 2020 a z Virginia Beach .. , APPLICANT'S NAME 3001 Atlantic, LLC, T/A Catch 31 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 Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) _ Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 1 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 I / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). O I APPLICANT NOTIFIED OF HEARING DATE: O NO CHANGES AS OF DATE: O REVISIONS SUBMITTED DATE: Virginia Beacb n 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:3001 Atlantic, LLC If an LLC, list all member's names: Pramod C. Amin 2012 IRREV Family Trust, Jay B. Shah 2018 Dynasty Trust, Rohit Patel, Naresh Patel 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 1 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 from Applicant. ri Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X 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:3001 Atlantic, LLC If an LLC, list the member's names: Pramod C. Amin 2012 IRREV Family Trust, Page 2 of 7 Virginia fif,.tcb --- 3:` Jay B. Shah 2018 Dynasty Trust, Rohit Patel, Naresh Patel 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 entityrelationship" 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 3 of 7 APPLICANT Virginia YES NO SERVICE PROVIDER (use additional sheets ifi needed) nri Accounting and/or preparer of Stephen F.Perry,CPA your tax return n [XiArchitect/Landscape Architect/ u Land Planner Contract Purchaser(if other than nC the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed In purchaser of the subject property l (identify purchaser(s) and purchaser's service providers) l^) Construction Contractors L_I © Engineers/Surveyors/Agents — Financing (include current Wells Fargo Bank, N.A. n D mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® Legal Services Real Estate Brokers / A Agents/Realtors for current and anticipated future sales of the subject pror:en\ • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n an interest in the subject land or any proposed development contingent on the subject public action? J If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 s, ,. NB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. II understand that, upon receipt of notification that the application has been j scheduled for public hearing, I am responsible for updating the information i provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A licat`ion. I oul ell, ,c klysir\ ifsd iozpi APP ICANT'S SIGNATU RINT NAME DATE i I Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER(.;...--....additional sheets if needed) nAccounting and/or preparer of Stephen F.Perry,CPA your tax return Inl Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than El the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed C purchaser of the subject property (identify purchaser(s) and purchaser's service providers) In) Construction Contractors u Engineers/Surveyors/Agents Financing (include current Wells Fargo Bank, N.A. X D mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n ® 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 M an interest in the subject land or any proposed development (A' 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 --- 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 me ing of any public body or committee in connection with this Application., PROPERTY OWNER'S GNATURE PRINT NAME DATE Page 7 of 7 City of Virginia Beach CVB Resort Management Office 2101 Parks Avenue, Suite 302 Virginia Beach,VA 23451 March 6, 2020 3001 Atlantic, LLC D/B/A Hilton Virginia Beach Oceanfront 3001 Atlantic Ave Virginia Beach,VA 23451 Dear Ms. Hart, This letter is to authorize Neil Amin to sign as Trustee for Pramod C.Amin 2012 IRREV Family Trust, Owner of the above property. Neil Amin is also the CEO of Shamin Hotels, Inc., Management company of the above property, and has authorized Kenneth Peloquin as agent to sign this application. ///c' Neil Amin 111B Virginia Beach APPLICANT'S NAME 3315 Atlantic, LLC, T/A Lagerheads 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 Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 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 disdosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). CI APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: air Virginia Beach nCheck 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:3315 Atlantic, LLC If an LLC, list all member's names: Pramod C. Amin 2012 IRREV Family Trust, Jay B. Shah 2018 Dynasty Trust, Rohit Patel, Naresh Patel 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 1 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 from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X 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:3315 Atlantic, LLC If an LLC, list the member's names: Pramod C. Amin 2012 IRREV Family Trust, Page 2 of 7 Virginia Beach -r Jay B. Shah 2018 Dynasty Trust, Rohit Patel, Naresh Patel 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 entityrelationship" 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 ani 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 wyCkB APPLICANT Virginia Beach YES NO r SERVICE PROVIDER(useaddit+onal sheets if needed) XAccounting and/or preparer of Stephen F. Perry,CPA your tax return inl 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 LJ (identify purchaser(s) and purchaser's service providers) CX Construction Contractors ElEngineers/Surveyors/Agents Financing (include current Wells Fargo Bank, N.A. ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Cl xl Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property 4 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 1B Virginia Mich 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. APilaLeA 4,1 ettk - I el? v A / ()Az& APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 NIB INER Virginia Beach . YES NO SERVICE PROVIDER(use additional sheets if L_ needed) j n n Accounting and/or preparer of Stephen F. Perry,CPA your tax return nC Architect/Landscape Architect / Land Planner Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed n n purchaser of the subject property (identify purchaser(s) and purchaser's service providers) CConstruction Contractors UEngineers/Surveyors/Agents Financing (include current Wells Fargo Bank, N.A. ® ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® Legal Services Real Estate Brokers / 111 ® Agents/Realtors for current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have X an interest in the subject land or any proposed development Lcontingent 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 1VB Virginia Reach s CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. 1 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 Applicat n. el 6 t/VD 1 PROPERTY NER'S SIGNATURE PRINT NAME DATE Page 7 of 7 \l/B Virginia Beach APPLICANT'S NAME Kamales, Inc. t/a 9th Street Grill 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 Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exce•tion for (EDIP) Changes Board of Zoning _ Encroachment Request Rezoning A• .eats Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement 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 Page 1 of 7 Planning Commission and Cit, Council meetin:, that pertains to the ai:F lication(s). El I APPLICANT NOTIFIED OF HEARING DATE: 0 NO CHANGES AS OF DATE: i El REVISIONS SUBMITTED DATE: Virginia Beach El 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: Kamales, Inc. 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) Kamal Darrazi (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) n/a See next page for information pertaining to footnotes' 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. n 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:Burlale Shops LLC If an LLC, list the member's names: Verne Burlage Page 2 of 7 NIB 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) Burlage Management Barclay Towers Schooner 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 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 "\B APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets If needed) ❑ E Accounting and/or preparer of your tax return n n Architect / Landscape Architect/ Land Planner n n 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) ElConstruction 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 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 ❑ ❑X 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 t,0 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. APPLICANT'S SIGNATURE PRINT NAME _» Kamal Darrazi. DATE 212 T/20 Page 5 of 7 c.,V3 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return ❑ El 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) Elri Construction Contractors zEngineers/Surveyors/Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) aLegal Services Real Estate Brokers / n n 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 ❑ n 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 ••.3/1.imi1u19 19:67 *066 P.008/008 • ys? ra .+ds .�fa,•�� `"rr• `i j .. • • ••. — ,'ryn.'. • CERTIFlC4TIOtt 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. Nenre 4,24a2Dr0 's PRIM'NAME DATE Page 7 of 7 113 Virginia Beach APPLICANT'S NAME Calabrese Managemen (DBA: Albie's Pizza) 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 Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement 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 Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: 0 REVISIONS SUBMITTED DATE: 11B Virginia Beach Li Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Calabrese Management 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) Artem Lazorskiy - President (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 1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n 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:Ocean Horizon Properties, LC If an LLC, list the member's names: Nabil D. Kassir and Deborah M. Kassir Page 2 of 7 lkfii 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) Brava, LLC, Ocean Horizon Properties of FL, LLC, Kassir Investment Company, Inc., Menu & Management Consultants, Aldo's Inc, Birdneck Associates, 620 19th Street Associates, 29th Street Associates 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 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 'NB APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets If needed) nAccounting and/or preparer of your tax return n n Architect / Landscape Architect/ Land Planner n a Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ I I purchaser of the subject property I I (identify purchaser(s) and purchaser's service providers) Construction Contractors aEngineers / 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 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. QQve a LO 2 o/2 S k . ,i 4"2/4C4//Zozc APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach YES NO SERVICE 1 PROVIDER (use additional sheets if needed) n n Accounting and/or preparer of your tax return nn Architect / Landscape Architect / Land Planner ❑ Contract Purchaser (if other than Zthe Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ I I purchaser of the subject property I I (identify purchaser(s) and purchaser's service providers) ix 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 Legal Services Real Estate Brokers / Ei 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 a ! 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. 444e:eA-aca-;i, Nabil D. Kassir 2/3/2020 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 ik sd ... '�, v !,•t'lr'i :: M"l{*R�.»i'Ai Lw�' 'f'i`' L� f F til fiw ,1� Ay, ;" ._`°y.'"f`r`7?N ,ar. y x r. .+•iy ct L •-.. a� ?.. ? k �_♦ice». } s..,. �.c' .Yiares n.JL�.F �"' +r-. ,,t`• s. ,,. S^• r f - y 'yr 4 ,'.Z i�•.... n. Z�.. ';s +. s tti r� .�. at-,.•rp,... },� y 3 - f At •+(.r % s�y',�, tgA 1. • y J f •.Xr Y...♦%T . _ r.,yvl�%. .•..L W W FP0..1^ ..*.F u.t ♦ rN++y t::4 •�' a TTr ^,�.,}.. A yr' t e •1 Y M A re `._•j.,ti 7G .Q,`, F � T"� � ydj •tp' �•e �,S' � ��. kC4.. 14 e,:r. Yi e1 APPLICANT'S NAME 1\ez\ aoy ro�no�1 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 Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 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(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE: 0: NO CHANGES AS OF DATE: L � REVISIONS SUBMITTED DATE: f �'r�- " �E.* �'�-•, y,� .,.,��fcNl't ri" �''°t..Y. - s,J S^:t .r;r 7- s arr,-^ r' • w 4 +ram' x Yz zn cr <'� sad• �} .�'!mc>�— .. .,.rn+• 7 w-^�.,zr _ ; y �r:>... .�' �1 .,ar3 • t ,�, �_ , �;y�gg '+ r�. �i1y 7z.. rya . Y-M";�. y..yk s R♦t..+.- 7 p+ - '~'." •f ^ +uY F . 17: �� y� .. .. r.- ..sRw ..� :yam: 'Y'�... . n _ r. SIT '� _ 'r - k: Virginia Beach Ei Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. rg Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_A cos YZA- 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) 4(.5 �'rtvV )ej g`fi'st (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) tv l le- Calefrtt, - ►.'� See next page for information pertaining to footnotes.' and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n 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 incorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: DA ILLIAM GR If an LLC, list the member's names• 'Dow Pa 2 of 7 Virginia Beach Ei Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ElCheck 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 1 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 from Applicant. Ei 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: David's Beach Shop VB, LLC If an LLC, list the member's names: DAVID WILLIAM GROTH Page 2 of 7 t „ ti Y� .- k�.c is : _ .„ .. _,, _ ..., „. . . a ,.. ,.. _ tY�s _ ` t4 a ..-,:-.-,.4i-,-,,a04--Vii-- ,*.;.,$,; .,-,4,,,, ..,-.:.7.,:.,i....- .4:;:,,,.:4--.4t#,Irt,'',---'-'4--- - ,,,,' ',.. I ' -1 ----::: :r ..._ ,�;--::-':' 1.1r: ..,',- --.. .w , •""x :.•, Wjlgmia BeBch 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 entityrelationship" means "a relationship, other than p' 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. $ 0 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 3 of 7 • ." -w,; ,r} '..-4.;. ,_,.,_+'a�',-__ }:.-, `' - r ' � , ' �fir"` s a -r- ,- r�: aY£ -.�kr-.�si� '9, '4y&, .-..�3:..r(�t� �w�. �7 ?f�J. ,�. ; .�.lcC�y-�� � �a %�� >d » �t x ..N� `�`r �i �, !e j _r . ‘ � ts s , .: APPLICANT - r ,., _ ,ra: ,,,,t:, Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) �JI Accounting and/or preparer of your tax return ElArchitect / Landscape Architect / 0 Land Planner Contract Purchaser(if other than 0 ® 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) El �-iw� Construction Contractors El ® Engineers / Surveyors/Agents Financing (include current 111 El mortgageholders and lenders selected or being considered to provide financing for acquisition or construction of the property) 0 �j� 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 4 of 7 4 ' ,r r..;�! J v .•rxrs r sZy. t.. - ti ' L 2� btF 4 � 1titRy y? 4 �} F • ,�Attt___ e �'� � .,.�r • c. t .1}.r !• Is TGn rc yfy( -iilya 4. i, . .o- '� `# ,k k id it-.- tits^' �A,�G' ?t • ce. . ' .. �,``"+m� v.�.«fs.• 3 - .arV cat- .4 -� fry � r,x ,.sR'�.b. yy r' 1`aY.r j�ri.. „Limiry.• t * dal . • dsx .'_"3� :ate • a..,— ! 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 me- "n!, or meeting • -ny public body or committee in connection with this ••f at"• it ,rmijorof Pr4F, /144/ 6/40-kihp (Chitrie -c 2,-/9-246 AP•i NTS SIGNA RE PRINT NAME DATE L Page 5 of 7 .', ,4 iOrp `! . 3"-.cv..-..a+.;. .: , OWNER viz YES NO SERVICE PROVIDER (ti'se 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 ❑ 'j, purchaser of the subject property (identify purchaser(s) and purchaser's service providers) aConstruction Contractors Engineers / Surveyors/Agents Financing (include current ❑ 7 mortgage holders and lenders /1 selected or being considered to provide financing for acquisition or construction of the property) rA Legal Services Real Estate Brokers / ❑ „ Agents/Realtors for current and anticipated future sales of the subject property 4 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 6 of 7 5..;71";-,T-41‘,4irk.f,r.p,Z.--",s.*:: ;;,iir4V05.4,: .,;,".---'E'' =,,,,„it,i'. T',.ii;--`4:::'. %-._. --.:,-;-...;-7.,:-it.— ....- ,- — — --.:4•' r,-;,:_ .--,._,-- ..=i- ,...--- • i.- '' �L i•f L y r. r , . ""y a',,. -2�Y i ..i...1• , - ,[ -..,- ' ..4)..to tab°°s r.¢ �i•' ;1` , .q 3--k 1 u .'+ t. :a2 ms " 4.� --," .' '-:.+w '• -' v''� •"' ,r' 't►-e,4 ". ,.52,,,, - -� 4. t P afire .y .:L � i i- M .G �y et!' t r;* s�.a�At-' ? f o-.. V�`ia a� h 4 r • ', 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 pri r to the Planning Commission, Council, VBDA meeting, o etin of any p is body or committee in connection with this Applic DAVID WILLIAM GROTH 2/20/20 PROPER OWNER'S SIGNATURE PRINT NAME DATE - Page 7 of 7 Virginia Beach APPLICANT'S NAME Virginia George Company, Inc., T/A Dough Boys 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 Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake BayPreservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement 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 Page 1 of 7 Plannlna Commission and City Council meetinu that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: s :Ma Bea-d- o Check here if the APPLICANT IS NOT a corporation, partnership, firm, siness, or other unincorporated organization. Check here If the APPLICANT IS a corporation, partnership, irm, business, or r other unincorporated organization. (A) List the Applicant's name: V s r5101 i Ct 14, c If an LtC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if sary) l 4-7 / CetrrsL A ai• -So ! �P 0 e'er PteSthei (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Nf4 See next page For Information pertaining to footnotes' and 2 s • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if prop erti- owner is different frf m Applicant Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. El 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 El Check here if the APPUCANT 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 1 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 Afferent from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. r 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:BOARDWALK VENTURES, Inc 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) Stephan H. Gordon, President Malyneli Gordon, Vice President (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) None '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 pit) 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 entitles; 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 3 of 7 APPLICANT Reath YES NO SERVICE PROVIDE1 tune additional sheets if I seeded) ❑ [ Accounting and/or preparer of your tax return ❑ dArchitect/Landscape Architect/ Land Planner ❑ l.J Contract Purchaser(if other than the ApDlicantt- identify purchaser and purchaser's service providers Any other pending or proposed _ 1 ❑ (l purchaser of the subject property �� JJ (identify purchaser(s)and purchaser's service providers) ❑ Construction Contractors ❑ Engineers/Surveyors/Agents Financing(include current[2( ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ L] Legal Strikes [4 Real Estate Brokers / Agents/Reahors for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBUC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Vliginia 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? &yrs /4, ip,, s —Resck t Hobo ") efr)"► S SrSA Page 4 of 7 CERTIFICATION: I certify that all of the information contained in this Disdosure 5 ement Form is complete,true, and accurate. I understand that, upon receipt of notification that the ap Iication has been scheduled for public hearing, I am responsible for updatincn 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. -C a� 1/ APPUCANTS PRINT N DA Page 5 of 7 OWNERia YES NO SERVICE PROVIDER case 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 El `►' purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ►1 Construction Contractors ❑ Engineers/Surveyors/Agents Financing(include current ❑ T mortgage holders and lenders .I 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 ❑ 11contingent 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 It llll& .1 e - - CERTIFICATION: I 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, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA A meeting,p or meeting of any public body or committee in connection with this kration f • Stephan H. Gordon, President 1/29/20 G _ , PROPER OWNER'S SIGNATURE -� PRINT NAME DATE Page 7 of 7 • 411/411113 Virginia Beach APPLICANT'S NAME { �� N Otr ,S411L t I s 4 Rc cv-4s LL C — 1 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 Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals 1 Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board ♦ 4 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 z-V-4-1 Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). 0 APPLICANT NOTIFIED OF HEARING DATE: ri NO CHANGES AS OF DATE:1-1 T� REVISIONS SUBMITTED DATE: Mitb: Virginia Brad Check here if the APPLICANT IS NOT a corporation, partnership,i firm, business, or other unincorporated organization. Check here if the APPLICANT l5 a corporation, partnership, firm, business, or other unincorporated organization. CreAtl'nc NoIds ,•.astkN, 1/blot (oAcp,i tHi A;c k�� &ft.'34, (A) List the Applicant's name:__irn -t4 4 4-fit' b%1.} 14 k! if an LLC, list all member's names: crc..lo- C P 641410ek if a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) j.nus A, '..rh)�1 41634,1 t•L f,i4.a 4t► sYx (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach fist 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 from Applicant. ri Check here if the PROPERTY OWNER lS 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: t Vcivk _lL 0.0 rksJikkl, \nc- if an LLC, list the member's names: Page 2 of 7 Viiginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Bryan Peery,Director and President Matthew Rash,Vice President (8) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Atta h list if necessary) kRkit. Cu' 1 c` 6\01c r n..ft./it, 'l nC. ja +dam -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, GI) a controlling owner in one entity is also a controlling owner in the other entity,or (lii) 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. t � SECTION 3. SERVICES DISCLOSURE Are anyof the followingservices 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 Page 3 of 7 NB APPLICANT virgin»aBeach YES + ' (use additional NO SERVICE PROVIDER sheets if ) v needed) ! ❑ � Accounting and/or preparer of your tax return ❑ Architect/ Landscape Architect/ Land Planner rContract Purchaser(If other than ❑ L the Apoiicant) - identify purchaser , and purchaser's service providers Any other pending or proposed ❑ l jX purchaser of the subject property l (� (identify purchaser(s)and i purchaser's service providers) ❑ E /., Construction Contractors ❑ [Or 1 Engineers/Surveyors/Agents Financing (include current ❑ I D { mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ [/ Legal Services Real Estate Brokers / 1 ❑ i„,' Agents/Realtors for current and anticipated future sales of the subjectproperty - ---�_ i • 4 • 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 i .11B(*iv Virginia Beach 1 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 I 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. James Carroll 2/21/20 APPLI 'S SIGNATURE PRINT NAME DATE Page 5 of 7 OWNER NE.-...: rgin;eBexch YES NO SERVICE PROVIDER(useadditionidaheets If needed) ❑ [' Accounting and/or preparer of t your tax return ❑ El) Architect/Landscape Architect/ Land Planner ❑ E/ Contract Purchaser(jf other then the Apalicant)- identify purchaser and purchaser's service providers Any other pending or proposed ` El (� purchaser of the subject properly LJ (Identify purchasers) and • purchaser's service providers) ❑ Li Construction Contractors ❑ Engineers /Surveyors/Agents Financing (include current ❑ {- mortgage holders and lenders ES selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers / ❑ I Agents/Realtors for current and Ianticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NOoes an official or employee of the City of Virginia Beach have n interest in the subject land or any proposed development ❑ E 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 . ... v 1 V ttIa Beads 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 meet'ng f any public body or committee in connection with this Ap li atio . _ � y� m� o as / _ , 2/21/20 PR RTY OWNER'S SIG f RE PRINT NAME DATE Page 7 of 7 ;x".r'rr _ •.KG�a+-,_n».e. SC -.. _ ._'-� r.<Tsx. d.: - .:._. _,.,...< � _.. Virginia Fi,..1( APPLICANT'S NAME h awe 1'► z - 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 Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness -- Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement 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/Ali disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and Cit", Council meeting that z.ertains to the application(s). • O APPLICANT NOTIFIED OF HEARING I DATE: NO CHANGES AS OF DATE: • REVISIONS SUBMITTED DATE: 'NB Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. XCheck here if the APPLICANT /S a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: P/Clh e l I r 226 In C.. If an LLC, list/ all member's names: rv4 If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) / 1 ndreas VAS (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) AV /9 See next page for information pertaining to footnotes 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 /S a corporation, partnership, firm, �✓ business, or other unincorporated organization, AND THEN, complete the following.(A) List the Property Owner's name: llvhA-i . Sh40/p) L L. C If an LLC, list the member's names: Gf/ €ant- /314- 4, ,� Page 2 of 7 iNN3 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) / v 1F- (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) /- 4.„ 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 entityrelationship" means "a relationship, other than p, 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 • o 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 3 of 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if I needed), nAccounting and/or preparer of JOYves C PA l your tax return Architect/ Landscape Architect/ Land Planner kContract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property LJ (identify purchaser(s) and purchaser's service providers) rConstruction Contractors KEngineers/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 / F 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 Ucontingent 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 gq\A3 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 Applicati Andre&S v 1j343o APPL CANT'S SIGNATURE PRINT NAME DATE - Page 5 of 7 OWNER Virginia Beach YES NO ' SERVICE _ PROVIDER(use additional sheets if needed) 1-1 Accounting and/or preparer of your tax return ZI Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Ki 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 7s Engineers/Surveyors/Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) CZLegal Services Real Estate Brokers / As, 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 6 of 7 a\43 Virginia Beach CERTIFICATION: jI 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. Ogle/ PRO RTY OWNER'S NATURE PRINT NAME DATE Page 7 of 7 Virginia Beach APPLICANT'S NAME Rock Fish Sea Grill, LLC, T/A Rockfish 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 Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 • 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 Page 1 of 7 Planniny Commission and Cit,Council meetimi that;:ertains to the a , Iication(s). APPLICANT NOTIFIED OF HEARING DATE: O NO CHANGES AS OF DATE: Q REVISIONS SUBMITTED DATE: I 'r,a Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 'Rj Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: E c_-NAs) 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 1 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//property owner is 4fferent from pplicant. 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 VA✓ IB 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 p p 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 4 • 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 3 of 7 VV- APPLICANT 'Virginia Beach YES NO r SERVICE PROVIDER (use additional sheets if needed) 21 Accounting and/or preparer of your tax return El ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than El RIthe 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 nEt 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 / 2 Agents/Realtors for current and anticipated future sales of the subject property s • 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 r. 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. b, BR 44 en R.So t) , C fo V,yi•� APPLICANT'S SIGMA PRINT NAME DA E Page 5of7 OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) 1 ❑ ® 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 ❑ El Engineers/Surveyors/Agents - - Financing (include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 111 Legal Services Real Estate Brokers / ❑ ® Agents/Realtors for current and anticipated future sales of the subject property 4 • 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. b . t'a so CA a.so , Up i/74/2ozi PROPERTY OWNER'S TURE PRINT NAME DATE Page 7 of 7 MEMBERS OF ROCK FISH SEA GRILL, LLC MEMBER INTEREST Edmund C. Ruffin 20.89% Heritage Investments 73.98% Kimberly Midgett 0.417% Charles J. Sass 0.417% James P. McAllister 0.417% John L Houser, Jr./Carmella Houser 0.830% Estate of Michael Poch 0.211% Daniela Cusano 0.523% Thomas G. Griffin 0.211% Michael H. Levinson 0.834% Robert M. Howard 1.267% 100% tt APPLICANT'S NAME VB'S Raw Bar, Inc. t/a Seaside Raw Bar 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 Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement 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 Page 1 of 7 Planning Commission and City Council meetinc3 that pertains to the apolication(s). CI APPLICANT NOTIFIED OF HEARING DATE: El NO CHANGES AS OF DATE: El REVISIONS SUBMITTED DATE: F ^f'wr.T'" '[ --v N--� "7� s�S.rri . �: w. r4• r��....> •-k:. r'x' "'jr. •'�,x `'���.-�. �.'vmr -.�-�fdjb `�"��,�. rV� `� 'x cr l.os .`� - I � ,t� tr- s C,m Y.:,d"c Z �r � � i . .-fig ltg<'S, } •a v 1 t ,fir• '•zkq L d rr�i r ,��ct� �„ t 4 ,t� t a ,,;1•Ra. eF .�;..',,ar"Cb� ';'4 ��'` �Aff:++Ftx-rr, ,.r. / 3i k. r -, y*-— t_,,v. ,;�.— ,ic c ` , }1�'-Y G rx. ,�' •` F __tl? y^ :i:a �tr"•�`' t `3.A:. E•� �L " `� 1 •sstt ' rvem.Tr'rr•C•."�r-'r�GIh� • `•-) ' "' '•c� t 7 j �,,..rr}�. �-. �.y gd•n? x� s� „paltr�q'. ,.. ..: .... ..... .. .c.-tr.:^ti•e`' r. .,, Kia �� -'.(y�f�0 I o- �`,'K" `+a f �T 'F f`r _<J t ,F. .:'�'� £ a✓6'+'_'J.5' Tsr�rr•, � -r+ � i. - S t aysg c. 'Q� • Check here if the APPLICANT IS NOT a corporation, partnership 4 irm, business, or other unincorporated organization, z. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:VB'S Raw Bar, Inc, If an LLC, list all member's names: NIA If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Shawn Levett/President (B) List the businesses that have a parent-subsidiary or affiliated business entity z relationship with the Applicant: (Attach list if necessary) N/A See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. IZ 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:4<V �-e_D LLC____ If an LLC, list the member's namesrrei-t KyASf J0(4- -) Page 2 of 7 x r, . 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) "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 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 s _ !Are- 14B � �.. APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return I1 7Architect/ Landscape Architect/ I 1 Land Planner ElContract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ ( purchaser of the subject property (identify purchasers) and purchaser's service providers) ElConstruction Contractors ❑ N Engineers / Surveyors/Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I J Legal Services Real Estate Brokers / Agents/Realtors for current and 111 anticipated future sales of the subject property s • 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 M 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. Shawn Levett 2-20-20 APPU NT'S SIGNATURE PRINT NAME DATE Page 5 of 7 ti;: .�.. 't rx �, i� r, .J E-7 s..T.?-_. xt - T - C - { k,'�, ..�.�.�- r ma's c _4; t.X i,r••giF-n,�,[ (.y� - �e T r ���F� y 6 4 .-.? Q k, Y 6tX 41 �v]�` 7y F J(� _ F f'� �S �rc�✓, Y i✓- y{ « ram f 9 wf� S 4 ,,,; rt, T �..zf y, - "^ �''j�e •.. �,p,.. --mot a w.7' -X,. , . ate_ v 7r r t_ 3 `' F'3 ,'t � � (.: -•�r�c y7�'"�". 5' q.Y x° c����yt .+� �Sl-s�<Z.c �+� �€i. - .tU r.1 1 }'+y�� * �f �'..o is Fr �s a �,ar ,;,..S7� ti..� '.��d-}� "�, -r. -•zzc•r.�t+. -. 2, r � a -�t' i �j2'F �t ,� 5 t- ••i ;o� - *46 1 5 N hM Awl .' • _ i YES NO SERVICE PROVIDER(u"se additional sheets If needed)-.--El El ig Accounting and/or preparer of your tax return CArchitect/ Landscape Architect/ ��\' Land Planner ElContract Purchaser(if other than the Applicant) -- identify purchaser and purchaser's service providers Any other pending or proposed Q gj purchaser of the subject property (identify purchaser(s) and purchaser's service providers) 0 '� Construction Contractors Ucyj Engineers/Surveyors/Agents Financing (include current El 173 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services — Real Estate Brokers / C 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 ❑ 0 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 ...r. ���'Cm '"�w"'.c �`t� e�:'y , *;L 1- fx'�+•2�'�.• �'';S2- �*.. N•dM� c•i�"••�+,•s,,�"�°',.. 'lr;Yji?•K'+AON •-.> • c . .., • -. .._ L. ...lira {;!:1'3• 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 i meeting, or meeting of any public body or committee in connection with this Application. Mr ( r. S JL comes PROPER OWNER'S SIGMA7�URE (/,/�+�� PRINT NAME DATE Page 7 of 7 .t = " Virginia Beach APPLICANT'S NAME 1 t il" 0.-%c e+ I G rLt..)c , LL C 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 Disposition of City Modification of by City _ Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) _ Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Franchise Street Closure (Historic Review Board) Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement 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 Page 1 of 7 Planninn Commission and City Council meeana that uerta,ns to the aupiicatwMs) Q APPLICANT NOTIFIED OF HEARING DATE 0 NO CHANGES AS OF DATE Q REVISIONS SUBMITTED DATE ...... _.,..., _„,_ _ NB. . Virginia Beach 0 Check here if the APPLICANT IS NOT a corporation, partnership, firm, usiness, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or Di' other unincorporated organization. (A) List the Applicant's name: f (th $+ree+ 1?}tOUSt, LL Co If an LLC, list all member's names: Zev StbonN HQ.flan i oi, S166nt If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list If necessary) (B) Ust the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) u1-4 See next page for information pertaining to footnotes' 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. I, Check here if the PROPERTY OWNER 15 a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. 1 (A) List the Property Owner's name:1. L r re-0- -TG17{-r LL L If an LLC, list the member's Ze V S tpf l names: an qk i O, SiLan J Page 2 of 7 _-%nia 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 SO 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 pii) 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 agolication or anv 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 APPLICANT Virginia Beech`` YES NO I SERVICE l I PROVIDER(neuse.addedediidons!sheets If� r__ E ' Accounting and/or preparer of -16 t .r-- Compantij, your tax return ® Architect/Landscape Architect/ Land Planner 0 Contract Purchaser(Mother Man the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed El © purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents Financing (include current El mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services mn1 i n C 'P t.Asc � a Real Estate Brokers / Ei Agents/Realtors for current and anticipated future sales of the subject property a 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 offidal or employee and what Is the nature of the interest? Page 4 of 7 Virginia Basch Jemw 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 • .pli ion. &Ai 51 GJa�1 rL,/io�241u 1J APPLICANT'S A �'' PRINT NAME DATE Page 5 of 7 --� OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) EjAccounting and/or preparer of your tax return ❑ El Architect/Landscape Architect/ Land Planner n Contract Purchaser(if other than U the Aoniicant)- identify purchaser and purchaser's service providers Any other pending or proposed El El purchaser of the subject property (identify purchaser(s)and purchaser's servke providers) ElConstruction Contractors 1:1 El Engineers/Surveyors/Agents Financing(include current a ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) EiLegal 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 D 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 t 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 i. OC.,/ ft eyL� µ ' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ALTERNATIVE 1 (STAFF PROPOSAL): An Ordinance to Authorize the City Manager to Execute a Sponsorship Agreement with Something in the Water, LLC ALTERNATIVE 2 (REQUESTED BY THE MAYOR, THE VICE MAYOR, AND COUNCILMEMBERS BERLUCCHI, ROUSE, TOWER, WILSON, AND WOOTEN): An Ordinance to Authorize the City Manager to Execute a Sponsorship Agreement with Something in the Water, LLC, and to Transfer Funds MEETING DATE: May 19, 2020 • Background: Last year, Mr. Pharrell Williams conceptualized and produced a successful inaugural Something in the Water Festival that focused on welcoming visiting college students, local residents, and guests from outside our region to the Virginia Beach Oceanfront. This ordinance would have authorized the City Manager to execute a sponsorship agreement with Something in the Water, LLC for the 2020 Festival. This item was deferred by City Council from March 3, 2020 to March 17, 2020, but the Council's March 17, 2020 formal meeting was cancelled due to the Governor's COVID- 19 Pandemic state of emergency declaration on March 12, 2020. • Considerations: Due to the COVID-19 Pandemic, the 2020 Festival was cancelled, so this item is no longer needed, and staff recommends that the item be withdrawn. ■ Public Information: Normal Council Agenda process. • Attachments: Disclosure Form ALTERNATIVE 1: Ordinance; Exhibit A: Summary of Sponsorship ALTERNATIVE 2: Ordinance; Exhibit A: Summary of Sponsorship Alternative 1 requested by Office of the City Manager T' Alternative 2 requested by the Mayor, the Vice Mayor, and Councilmembers Berlucchi, Rouse, Tower, Wilson, and Wooten ALTERNATIVE 1: STAFF PROPOSAL 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE A SPONSORSHIP 3 AGREEMENT WITH SOMETHING IN THE WATER, 4 LLC 5 6 WHEREAS, the City wishes to express its support for the proposed Something in 7 the Water Festival (the "Festival"); and 8 9 WHEREAS, in furtherance of that objective, the City desires to be a sponsor of 10 the Festival; and 11 12 WHEREAS, the City programmed $250,000 in the FY 2019-20 Operating Budget 13 for such sponsorship; and 14 15 WHEREAS, the general outline of the sponsorship is set forth in the summary 16 (attached as ALTERNATIVE 1 : EXHIBIT A). 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, THAT: 20 21 The City Manager is hereby authorized to execute a sponsorship agreement 22 between the City and Something in the Water, LLC, in a form acceptable to the City 23 Manager and approved by the City Attorney, consistent with the attached summary of 24 terms. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Office of Ity Manager t e City Attorney CA1 5004 R-1 (ALTERNATIVE 1: STAFF PROPOSAL) February 20, 2020 ALTERNATIVE 1 (STAFF PROPOSAL) EXHIBIT A SUMMARY OF SPONSORSHIP SOMETHING IN THE WATER FESTIVAL Purpose: To have a multi-cultural,multi-faceted Festival (the"Festival")the week of April 20 through April 26,2020 at the Oceanfront Parties: City of Virginia Beach("City")and Something in the Water, LLC ("Producer") City Financial Sponsorship: $250,000 from the TIP Fund, which is to be paid after the Festival is completed and the Producer has delivered the agreed-upon program. City In-Kind Contributions: Use of the Convention Center for conference type events Use of the City's various resort stages for concerts Use of agreed upon public parking lots for direct Festival support and rideshare City Public Safety and Public Works personnel already programmed for College Beach Weekend HRT Trolley service for April 24-26, 2020 Responsibilities of the Producer: Create a festival with the general outline as follows: o Where young people will meet others who are pushing business and culture forward o Where they'll come to experience music, food, sports,technology,and most importantly, what's next. o Where these bright young minds may find their first job out of college,or they will be inspired to start a company of their own o Programming at the Convention Center available to the community Provide Festival attendance and sponsor information for safety/security and economic impact purposes ALTERNATIVE 2: REQUESTED BY THE MAYOR, THE VICE MAYOR, AND COUNCILMEMBERS BERLUCCHI, ROUSE, TOWER, WILSON, AND WOOTEN 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE A SPONSORSHIP 3 AGREEMENT WITH SOMETHING IN THE WATER, 4 LLC, AND TO TRANSFER FUNDS 5 6 WHEREAS, the City wishes to express its support for the proposed Something in 7 the Water Festival (the "Festival"); and 8 9 WHEREAS, in furtherance of that objective, the City desires to be a sponsor of 10 the Festival; and 11 12 WHEREAS, the City desires to increase its partnership with the Festival above 13 the previous year to further indicate its support; and 14 15 WHEREAS, the general outline of the sponsorship is set forth in the summary 16 (attached as ALTERNATIVE 2: EXHIBIT A). 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, THAT: 20 21 1 . The City Manager is hereby authorized to execute a sponsorship agreement 22 between the City and Something in the Water, LLC, in a form acceptable to the 23 City Manager and approved by the City Attorney, consistent with the attached 24 summary of terms. 25 26 2. $250,000 is hereby transferred from the Reserve for Contingencies in the 27 Tourism Investment Program Fund to the Operating Budget of the Convention 28 and Visitors Bureau in furtherance of the City's sponsorship of the Something in 29 the Water Festival provided the amount of sponsorship shall not exceed the 30 admissions taxes generated by the Festival. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2020. APPROVED AS TO LEGAL SUFFICIENCY: he City Attorney CA15003 R-4 (ALTERNATIVE 2: SEVEN SPONSORS) March 11, 2020 ALTERNATIVE 2 (REQUESTED BY THE MAYOR, THE VICE MAYOR, AND COUNCILMEMBERS BERLUCCHI, ROUSE, TOWER,WILSON,AND WOOTEN) EXHIBIT A SUMMARY OF SPONSORSHIP SOMETHING IN THE WATER FESTIVAL Purpose: To have a multi-cultural, multi-faceted Festival (the "Festival") the last week of April at the Oceanfront with the hub of it in the ViBe Creative District. Parties: City of Virginia Beach("City")and Something in the Water, LLC ("Producer") City Financial Sponsorship: $500,000 from the TIP Fund, which is to be paid after the Festival is completed and the Producer has delivered the agreed-upon program,and in no event shall the financial sponsorship exceed the admissions taxes generated by the Festival. The amount of the sponsorship will be paid after the Festival is completed and the Producer has delivered the agreed-upon program. City In-Kind Contributions: Use of the Convention Center for conference type events Use of the City's various resort stages for concerts Use of agreed upon public parking lots for direct Festival support and rideshare City Public Safety and Public Works personnel already programmed for College Beach Weekend HRT Trolley service for April 24-26, 2020 Responsibilities of the Producer: Create a festival with the general outline as follows: o Where young people will meet others who are pushing business and culture forward o Where they'll come to experience music,food, sports,technology, and most importantly, what's next. o Where these bright young minds may find their first job out of college,or they will be inspired to start a company of their own o Programming at the Convention Center available to the community Provide Festival attendance and sponsor information for safety/security and economic impact purposes. 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: Something in the Water, LLC 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 NO SERVICE PROVIDER (use additional sheets if needed) X Accounting and/or preparer of NKFSB, LLC your tax return 10960 Wilshire Blvd. 5`h Floor Los Angeles, CA 90024 Financial Services (include X lending/banking institutions and N/A current mortgage holders as applicable) Cohen & Gardner LLP X 0 Legal Services 345 N Maple Dr. Beverly Hills, CA 90210 Red rock Ent Services, LLC Broker/Contractor/Engineer/Other 1 49 E Santa Anita Ave. X Service Providers Burbank, CA 91 502 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. 0‘,/, Ford Englerth 2/25/20 A ¢L A 'S SI N/rURE PRINT NAME DATE lS�Mu° 'y ti 'mow: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the City Manager to Execute an Agreement with the Virginia Beach School Board for the Use of School Buses and to Appropriate Miscellaneous Revenue MEETING DATE: May 19, 2020 • Background: The Something in the Water Festival (the "Festival") was scheduled for the last week of April. This ordinance would have authorized the City Manager to execute an agreement with the Virginia Beach School Board for the use of school buses during the Festival. • Considerations: Due to the COVID-19 Pandemic, the 2020 Festival was cancelled, so this item is no longer necessary, and staff recommends that the item be withdrawn. This item was originally part of the agenda for the City Council's March 17, 2020 formal meeting, but that meeting was cancelled due to the Governor's COVID-19 Pandemic state of emergency declaration on March 12, 2020. • Public Information: Normal City Council agenda process. • Recommendations: Withdraw • Attachments: Ordinance; Virginia Code § 22.1-182; School Board Policy 7-52 Recommended Action: Withdraw Submitting Department/Agency: Office of the City Manager City Manager: /m L, 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE AN AGREEMENT WITH 3 THE VIRGINIA BEACH CITY PUBLIC SCHOOLS FOR 4 THE USE OF SCHOOL BUSES AND TO 5 APPROPRIATE MISCELLANEOUS REVENUE 6 7 WHEREAS, the safe and efficient movement of people is a public purpose; and 8 9 WHEREAS, Virginia law allows a local governing body to enter into an agreement 10 with the local school board to use school buses; and 11 12 WHEREAS, the Something in the Water Festival has committed to reimburse the 13 City for the actual costs of the use of school buses; 14 15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 16 VIRGINIA, THAT: 17 18 1 . The City Council hereby authorizes the City Manager or designee to execute 19 an agreement with the Virginia Beach School Board consistent with the 20 requirements set forth in § 22.1-82 of the Code of Virginia and Policy 7-52 of 21 the School Board for the use of school buses during the Something in the Water 22 Festival, provided the agreement is approved for legal sufficiency by the City 23 Attorney and the agreement provides the bus drivers are to be volunteer only, 24 the buses are cleaned and inspected by a third party or supervisor at the 25 conclusion of the Festival, and there will be a placard on each bus disclosing 26 the video monitoring from the interior bus cameras; and 27 28 2. $250.000 in estimated reimbursement from the Something in the Water Festival 29 is hereby appropriated, with miscellaneous revenue increased accordingly, for 30 the costs associated with the agreement for use of school buses, provided the 31 City Manager or designee is directed to reduce this appropriation and the 32 estimated revenue to the amount of the total costs of the agreement authorized 33 in #1, supra, when the amounts are known and the work completed. 34 35 BE IT FURTHER ORDAINED, THAT: 36 37 In addition to the requirements above, the authorization for the City Manager to 38 execute the agreement with the School Board is conditioned upon: 39 40 a. The Virginia Beach School Board approving the agreement for the use of the 41 school buses; and 42 b. The Something in the Water Festival providing proof of liability insurance, self- 43 insurance or other indemnity satisfactory to the City's Risk Manager for full 44 liability coverage of the City at no cost to the City. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2020. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i. _____2____D Ci e Office City A ney's Office CA15027 R-1 March 5, 2020 Code of Virginia Title 22.1. Education Chapter 12. Pupil Transportation § 22.1-182. Use of school buses for public purposes The school board of any school division may enter into agreements with the governing body of any county, city or town in the school division, any state agency or any agency established or identified pursuant to United States Public Law 89-73 or any law amendatory or supplemental thereto providing for the use of the school buses of such school division by such agency or by departments,boards, commissions or officers of such county, city or town for public purposes, including transportation for the elderly. Each such agreement shall provide for reimbursing the school board in full for the proportionate share of any and all costs,both fixed and variable, of such buses incurred by such school board attributable to the use of such buses pursuant to such agreement. The governing body, state agency or agency established or identified pursuant to United States Public Law 89-73 or any law amendatory or supplemental thereto shall indemnify and hold harmless the school board from any and all liability of the school board by virtue of use of such buses pursuant to an agreement authorized herein. Code 1950, § 22-151.2; 1973, c. 368; 1975, c. 633; 1980, c. 559. The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. 1 3/5/2020 Use of School Buses 7-52 School Board of the City of Virginia Beach Policy 7-52 COMMUNITY RELATIONS Use of School Board Equipment: Use of School Buses A. Eligible Organizations In accordance with applicable law,the following organizations may enter into a contract for the use of school buses provided the request is approved by the School Division: 1. State government agencies; 2. Local government agencies; 3. Agencies organized under Public Law 89-73(Older Americans Act of 1965);and 4. Non-profit community organizations serving the mentally and/or physically disabled. B. Contractual Arrangements The School Board shall enter into a written contract with the eligible agency covering,but not limited to,the following: 1. A Hold Harmless Agreement with the eligible agency that indemnifies and holds harmless the School Board from any and all liability of the School Board by virtue of use of such school buses. 2. The School Board shall be reimbursed for the operational cost,excluding drivers' salary and depreciation,on a mileage basis at the rate as reported on the Virginia Board of Education Transportation Report for the preceding year. 3. The School Board shall be reimbursed for the cost of the drivers'salary at the actual rate per hour paid plus 16 percent to cover fixed charges and administrative expense. 4. The School Board shall be reimbursed for depreciation of the capital expenditure based on the actual cost of the vehicle with a life expectancy of 100,000 miles. 5. Only regular employees of the School Board and employees of the City of Virginia Beach approved by the Superintendent, licensed to drive school buses,will be permitted to drive. Legal Reference Code of Virginia§22.1-182,as amended. Use of school buses for public purposes. [ ,-,(1N4-, r � : ?4 L....0„, lcKti N CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Direct the City Manager Study the C-PACE Program and Consider the Feasibility and Desirability of Implementation of a C-PACE Program for Virginia Beach MEETING DATE: May 19, 2020 • Background: The General Assembly has authorized localities to undertake a Commercial Property Assessed Clean Energy (C-PACE) Program. C-PACE offers a financing option for commercial property owners and new construction developers to fund clean energy systems, resiliency improvements, and stormwater management improvements. By leveraging a voluntary assessment lien against participating properties, C-PACE financing is generally less expensive than commercial loans. A C- PACE program may be structured to utilize only private capital, and all billing and collection for C-PACE loans may be undertaken by a third party administrator. There are C-PACE programs in 36 states and the District of Columbia. C-PACE has been implemented by the following Virginia localities: Arlington County; Alexandria; Fredericksburg; Lynchburg; Richmond; Fairfax County; Loudoun County; Dumfries; and Petersburg. • Considerations: The attached resolution does not unequivocally commit the City to undertaking a C-PACE Program. Rather, the resolution directs the City Manager to study the C-PACE Program and consider the feasibility and desirability of implementation of such a program for Virginia Beach. The resolution includes a three- month timeline, so the C-PACE exploration will not be lost in the City Manager hiring process. This item was originally part of the agenda for the City Council's March 17, 2020 formal meeting, but that meeting was cancelled due to the Governor's COVID-19 Pandemic state of emergency declaration on March 12, 2020. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution Requested by Councilmembers Abbott and Berlucchi REQUESTED BY COUNCILMEMBERS ABBOTT AND BERLUCCHI 1 A RESOLUTION TO DIRECT THE CITY MANAGER STUDY 2 THE C-PACE PROGRAM AND CONSIDER THE 3 FEASIBILITY AND DESIRABILITY OF IMPLEMENTATION 4 OF A C-PACE PROGRAM FOR VIRGINIA BEACH 5 6 WHEREAS, the General Assembly has authorized localities to undertake a 7 Commercial Property Asc ssed Clean Energy (C-PACE) Program; 8 9 WHEREAS,C-PACE offers a financing option for commercial property owners and 10 new construction developers to fund clean energy systems, resiliency improvements, and 11 stormwater management improvements; 12 13 WHEREAS, by leveraging a voluntary assessment ken against participating 14 properties, C-PACE financing is generally less expensive than commercial loans; 15 16 WHEREAS, a C-PACE program may be structured to utilize only private capital, 17 and all billing and collection for C-PACE loans may be undertaken by a third party 18 administrator; 19 20 NOW,THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA THAT: 22 23 The City Council directs the City Manager to study the C-PACE Program and 24 consider the feasibility and desirability of implementation of a C-PACE Program for 25 Virginia Beach with the results of such study to be provided to the Council within three 26 months from the adoption of this resolution. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2020. APPROVED AS TO LEGAL SUFFICIENCY: ey's Office CA14993 R-2 March 10,2020 I 40;44 It i fsi CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution Adopting a Reforestation Policy MEETING DATE: May 19, 2020 • Background: As the City of Virginia Beach confronts the challenges of increased coastal flooding, it is critical to evaluate all possible solutions to reduce flood risk—not only engineering approaches, but also flood management services provided by "green infrastructure." Forests are the foundation of the City's green infrastructure and one of the City's most important natural resources, and according to the latest tree canopy analysis, 39% of the City is covered with tree canopy. Much of this forest infrastructure has close contact with water, and trees serve as valuable "water managers": forests reduce runoff; they remove excess water; and in the floodplain and near coasts, trees and shrubs can abate storm surges. City construction projects on City property often necessitate the removal of trees, and the City Council desires to adopt a policy to ensure the replacement of those trees. • Considerations: This resolution adopts the policy that the City will replace any trees that the City removes on City property. For the City's first reforestation/tree mitigation project, the City will use at least 10 acres of the property acquired by the City from the former proposed Village D of the Ashville Park property, and the City's stormwater staff will determine the best of that acreage to use as a tree buffer that would conform to the properties the City needs to conserve as described in the Sea Level Wise proposal. This item was originally part of the agenda for the City Council's March 17, 2020 formal meeting, but that meeting was cancelled due to the Governor's COVID-19 Pandemic state of emergency declaration on March 12, 2020. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution Requested by City Council REQUESTED BY CITY COUNCIL 1 A RESOLUTION ADOPTING A REFORESTATION POLICY 2 3 WHEREAS, as the City of Virginia Beach confronts the challenges of increased 4 coastal flooding, it is critical to evaluate all possible solutions to reduce flood risk—not 5 only engineering approaches, but also flood management services provided by "green 6 infrastructure;" 7 8 WHEREAS, forests are the foundation of the City's green infrastructure and one 9 of the City's most important natural resources, and according to the latest tree canopy 10 analysis, 39% of the City is covered with tree canopy; 11 12 WHEREAS, much of this forest infrastructure has close contact with water, and 13 trees serve as valuable "water managers": forests reduce runoff; they remove excess 14 water; and in the floodplain and near coasts, trees and shrubs can abate storm surges; 15 16 WHEREAS, City construction projects on City property often necessitate the 17 removal of trees, and the City Council desires to adopt a policy to ensure the 18 replacement of those trees. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA, THAT:15036 22 23 1 . The City Council hereby adopts the policy that the City will replace any trees 24 that the City removes on City property. 25 26 2. For the City's first reforestation/tree mitigation project, the City will use at 27 least 10 acres of the property acquired by the City from the former proposed Village D of 28 the Ashville Park property, and the City Manager shall have the City's stormwater staff 29 determine the best of that acreage to use as a tree buffer that would conform to the 30 properties the City needs to conserve as described in the Sea Level Wise proposal. 31 32 Adopted by the City Council of the City of Virginia Beach, Virginia on the 33 day of , 2020. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15036 R-2 March 11, 2020 u S� i e! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Extend the Sunset Date of Article III, Division 5 of Chapter 21 of the City Code Pertaining to Residential Permit Parking in the Historic Cavalier Shores Neighborhood MEETING DATE: May 19, 2020 • Background: Last year, the City Council enacted temporary residential parking program in the Historic Cavalier Shores Neighborhood in response to concerns raised by the Cavalier Shores Civic League and its residents regarding on-street public parking on the 200 blocks of 43rd, 44th, and 45th streets. The civic league was concerned about extended periods of high parking occupancy on these streets during both daytime and nighttime hours as a result of a nearby multi-year hotel construction project. This area is also used for parking by residents and beachgoers. • Considerations: The Council adopted the temporary pilot program last March and included a provision that the ordinance and program would expire on April 5, 2020, absent additional action by the City Council. The program has been successful, and because construction of the hotel project continues, the residents have requested a one-year extension of the program to April 5, 2021 . • Public Information: Information regarding the extension of the project will be provided through the normal agenda process. This item was originally part of the agenda for the City Council's March 17, 2020 formal meeting, but that meeting was cancelled due to the Governor's COVID-19 Pandemic state of emergency declaration on March 12, 2020. • Attachments: Ordinance. Submitting Department/Agency: Strategic Growth Area Office/Planning Department City Manager: / L 1 AN ORDINANCE TO EXTEND THE SUNSET DATE OF 2 ARTICLE III, DIVISION 5 OF CHAPTER 21 OF THE CITY 3 CODE PERTAINING TO RESIDENTIAL PERMIT PARKING 4 IN THE HISTORIC CAVALIER SHORES NEIGHBORHOOD 5 6 WHEREAS, the Virginia Department of Historic Resources added the Cavalier 7 Shores Historic District, which is comprised of the Cavalier Shores neighborhood, to the 8 Virginia Landmarks Register, noting: 9 10 The Cavalier Shores Historic District in Virginia Beach began in 1927 as a 11 housing development sponsored by the city's now-iconic Cavalier Hotel, 12 which opened that same year. While the neighborhood's direct link to the 13 hotel has since faded, a brick promenade leading to a gate to the hotel 14 grounds recalls the earlier connection. Cavalier Shores is an example of 15 coastal suburban development during the first half of the 20th century. Its 16 dense housing dating to the era indicates the neighborhood's early 17 popularity and subsequent growth. Its seven blocks of houses are 18 predominated by Colonial Revival style designs, with Tudor Revival and 19 Minimal Traditional. Lining the neighborhood's alleyways are a complement 20 of rear garages and guesthouses, the latter a common feature of coastal 21 developments of the era. The district also conveys a sense of beautification 22 and landscaping, a defining aspect of the neighborhood since the 1920s. 23 Most of the district's lots were developed by the late 1960s. Today, Cavalier 24 Shores is a rare collection of early-20th century residential architecture in 25 Virginia Beach. 26 27 WHEREAS, the Virginia Department of Historic Resources has forwarded 28 documentation for the Cavalier Shores Historic District to the National Register of Historic 29 Places; 30 31 WHEREAS, as noted by the Virginia Department of Historic Resources, Cavalier 32 Shores is a unique area that consists of"dense housing" dating to an era when driveways 33 were less common, and current residents of Cavalier Shores require on-street parking for 34 their vehicles; 35 36 WHEREAS, the ability of the residents to park their vehicles on the street adjacent 37 to or near their homes has been severely impacted as a result of the multi-year 38 construction associated with the Cavalier Hotel project; 39 40 WHEREAS, the City Council desires to address the unique needs of this historic 41 neighborhood during the time of construction by extending for another year the one-year 42 temporary pilot program it established last year—separate and apart from the current 43 Residential Parking Permit Program—to continue to address the parking needs of 44 Cavalier Shores residents. 45 46 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 47 OF VIRGINIA BEACH, VIRGINIA: 48 49 That Article III, Division 5 of Chapter 21 shall continue to provide as follows: 50 51 DIVISION 5. — Cavalier Shores Residential Permit Parking Pilot Program 52 53 Sec. 21-381. - Objectives. 54 55 This Division is adopted as a temporary pilot program in order to mitigate traffic 56 congestion and parking scarcity on public streets within the Cavalier Shores 57 neighborhood adjacent to an ongoing construction project. 58 59 Sec. 21-382. - Definitions. 60 61 As used in this Division: 62 63 (a) Motor Vehicle shall have the meaning set forth in § 46.2-100 of the State Code, 64 and shall also include mopeds and motorcycles, as defined therein. 65 66 (b) Cavalier Shores Neighborhood refers to all on-street parking on the south side 67 of 45th Street; the alley between 45th Street and 44th Street; both sides of 44th, 68 43rd 1/2, 43rd, and 42nd 1/2 Streets; the north side of 42nd Street; the alley that 69 runs parallel to the west side of Atlantic Avenue from Cavalier Drive to 45th 70 Street; and the north side of Cavalier Drive between Holly Road and Atlantic 71 Avenue. 72 73 Sec. 21-383. - Parking restrictions. 74 75 (a) It shall be unlawful for any person to park or otherwise leave unattended any all- 76 terrain vehicle, bicycle, electric personal assistive mobility device, electric power- 77 assisted bicycle, electric-powered wheeled device, gas-powered wheeled device, 78 low-speed vehicle, moped or similar wheeled device on any street in the Cavalier 79 Shores Neighborhood. 80 (b) It shall be unlawful for any person to park a motor vehicle on any street in the Cavalier 81 Shores neighborhood, where notice of these restrictions have been conspicuously 82 posted in accordance with this division, for longer than a three-hour period in any day 83 unless there is affixed to the driver's side exterior surface of the windshield of such 84 motor vehicle a valid residential parking permit or a temporary guest pass as 85 authorized by subsection 21-354(b) hanging from the rearview mirror. 86 Sec. 21-384. - Permits generally. 87 88 The City Treasurer or the city's parking management office shall issue residential parking 89 permits pursuant to this division in accordance with the procedures set forth in section 90 21-354. However, no permit shall be issued pursuant to this section for employee parking 91 in the Cavalier Shores Neighborhood. 92 93 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF 94 VIRGINIA BEACH, VIRGINIA: 95 96 That the effective date of this ordinance shall be April 5, 2020, and that, absent 97 additional action by the City Council to the contrary, this ordinance shall automatically 98 sunset and expire on April 5, 2021 . Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: a Strategic Growth Area Office City Attorney's Office c CA14956 R-1 March 6, 2020 S �Q CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City Property Known as Bass Inlet West located at the rear of 2900 Wood Duck Drive. MEETING DATE: May 19, 2020 • Background: Todd R. & Jan C. Miller. Trustees under the Miller Living Trust ("Applicants") have requested permission to construct and maintain a proposed 12' x 12' boat lift with a 16' x 24' roof and relocate an existing 8' x 8' floating dock (the "Encroachments") at the rear of their property, located at 2900 Wood Duck Drive (GPIN: 2433-24-7761). The Encroachments would extend 15.3' into a portion of the City's property, known as Bass Inlet West (GPIN 2433-33-0267). • Considerations: City staff has reviewed the requested Encroachments and recommends approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Bass Inlet West, which is where the Applicants have requested to encroach. This item was originally part of the agenda for the City Council's March 17, 2020 formal meeting, but that meeting was cancelled due to the Governor's COVID-19 Pandemic state of emergency declaration on March 12, 2020. • Public Information: Public notice will be provided via the normal City Council agenda process. • Alternatives: Deny the Encroachments or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Exhibit, Location Map, Disclosure Statement Form Recommended Action: Approval of the Ordinance Submitting Department/Agency: Public Works/Real Estate City Manager: / L 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS BASS 7 INLET WEST LOCATED AT THE 8 REAR OF 2900 WOOD DUCK DRIVE 9 10 WHEREAS, Todd R. & Jan C. Miller, Trustees under the Miller Living Trust 11 ("Applicants") have requested permission to construct and maintain a 12'x 12' boat lift with 12 16' x 24' roof and relocate an existing 8' x 8' floating dock (the "Encroachments") at the 13 rear of their property, located at 2900 Wood Duck Drive (GPIN: 2433-24-7761). The 14 Encroachments would extend 15.3' into the City's property known as Bass Inlet West 15 (GPIN: 2433-33-0267); and 16 17 WHEREAS, City Council is authorized pursuant to §§15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Todd R. & Jan C. Miller, 26 Trustees under the Miller Living Trust, their heirs, assigns and successors in title, are 27 authorized to construct and maintain the Encroachments in the City's property known as 28 Bass Inlet West, as shown on the map entitled: "EXHIBIT "A" ENCROACHMENT 29 REQUEST FOR: TODD R. MILLER & JAN C. MILLER, TRUSTEES, MILLER LIVING 30 TRUST, LOT 95, SANDBRIDGE SHORES SECTION 1 B SOUTH", dated October 19, 31 2019, prepared by Sigma Environmental Services, Inc., a copy of which is attached hereto 32 as Exhibit A, and to which reference is made for a more particular description; 33 34 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 35 to those terms, conditions and criteria contained in the agreement between the City of 36 Virginia Beach and Todd R. & Jan C. Miller, Trustees under the Miller Living Trust (the 37 "Agreement"), an unexecuted copy of which has been presented to the Council in its 38 agenda, and after execution, will be recorded among the records of the Clerk's Office of 39 the Circuit Court of the City of Virginia Beach; 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized 42 designee is hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as Todd R. & Jan C. Miller, Trustees under the Miller Living Trust and the City 46 Manager or his authorized designee execute the Agreement. i 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 'day 48 o f 1020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: 4. ,r, J PUBLIC WORKS, REAL ESTATE D MEYER SENIOR CITY ATTORNEY CA14672 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d024\p031\00624183.doc R-1 March 4, 2020 2 CITY OF VIRGINIA BEACH PLAN VIEW WATERWAY WIDTH SCALE: 1" = 30' MHW-MHW=110' MB 103 P25 PROPOSED 12'X 12'BOAT LIFT REMOVE EXISTING DOCKS 16'X 24'ROOF ♦FLOOD 24.0' -'I 8.0' //EBBO. 15.3'— S1n°as'no.w 1nnnn' . __jr = 6.6' MLW - - ��ld.10-rei4�r;�:.,.''!''1;: _ ; ipa _��:, ,.—- MHW •-. Ye JP 4-11� '�ii�C�� -i�!I:11. :.1:-::1 ej°, �sellt - .fl:_ EXISTING RIP RAP EXISTING 6"DIA TREE REVETMENT TO BE RELOCATED EXISTING . PIN(F) ENHANCED PER WETLANDS TO BE REMOVED 8'x 8'FLOATING DOCK •' BOARD PERMIT N. MATERIAL SPECIFICATIONS: 12'X 50' FRAMING:CCA 2.5#PCF(MLP-88) MARGINAL WHARF HARDWARE:HOT DIPPED ' GALVANIZED(ASTM-A153) • UV RESISTANT FILTER CLOTH • )111 • o/l--WOOD FENCE :c MATERIAL SCHEDULE: '�{ i :o PILES:8'DIA.MINIMUM 5'3"0/C en i----" ----'- 2"X 6"GIRDERS,JOISTS, CON. 2-STORY rs DECKBOARDS Z KICK PLATE:4"X 6" STUCCO 2"X 10'ROOF GIRDERS #2900 cnA �� cn LOT 94 w :':•:•:':': ::': ::':' _ LOT 96 BRIAN EDWARDS& U ' THADDUS&LOUISE GREEN DEBORAH GRAY Q ' ':•:•:•:'':Kra;:'::::; : :' LOT 95 Z I• :...` :'•:':' ':. .:'':':':. SANDBRIDGE SANDBRIDGE SHORES SANDBRIDGE SHORES 0 SHORES SECTION 1B SOUTH SECTION 1B SOUTH U GPIN:2433-24-7920 GPlN:2433-247820 SECTION 16 SOUTH :•:::::::•:•:: GPIN: z •••• ‘:'' :•'':':.'. 24332477610000 0 :•1 MB 103,P25 U 0 1 "•t 6 PIN{F N 10°43'00'E 100.00' 14 (-)5 FT TO THE CENTERLINE GREBE CRESCENT GRAPHIC SCALE 0 30 WOOD DUCK DRIVE (50'RAN) 1 15 45 f SIGMA ENVIRONMENTAL SERVICES,INC. 1513 SANDBRIDGE ROAD VIRGINIA BEACH,VIRGINIA 23456 EXHIBIT"A" PROJECT:DECK,COVERED BOAT LIFT& ENCROACHMENT REQUEST REVETMENT MAINTENANCE FOR:TODD R.MILLER&JAN C. MILLER, WATERWAY:BASS INLET WEST TRUSTEES,MILLER LIVING TRUST DATUM: 0.00'MLW=-1.3'NAVD 1988 LOT 95,SANDBRIDGE SHORES SECTION 1B SOUTH DATE: OCT. 19,2019 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this O day of , 2020, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and TODD R. MILLER and JAN C. MILLER, TRUSTEES, UNDER THE MILLER LIVING TRUST DATED AUGUST 12, 2011, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 95", as shown on that certain plat entitled: "SANDBRIDGE SHORES SECTION 1 B SOUTH PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA.", dated July 5, 1968, prepared by Palmer L. Smith, CLS, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 103, at page 25, and being further designated, known, and described as 2900 Wood Duck Drive, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to relocate an existing 8' x 8' floating dock, and to construct and maintain a 12' x 12' boat lift with a 16' x 24' roof, collectively, the "Temporary Encroachment", in the City of Virginia Beach; GPIN: 2433-33-0267 — City Property (Bass Inlet West) GPIN: 2433-24-7761 - 2900 Wood Duck Drive WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Bass Inlet West, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' ENCROACHMENT REQUEST FOR: TODD R. MILLER & JAN C. MILLER, TRUSTEES, MILLER LIVING TRUST, LOT 95, SANDBRIDGE SHORES SECTION 1 B SOUTH". dated October 19, 2019 prepared by Sigma Environmental Services, Inc., a copy of which is attached hereto as Exhibit A and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent. with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, TODD R. MILLER and JAN C. MILLER, TRUSTEES UNDER THE MILLER LIVING TRUST DATED AUGUST 12, 2011 , the said 4 Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY / GRANTOR: CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH. to-wit: The foregoing instrument was acknowledged before me this day of , 2020, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2020, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 OWNERS / GRANTEE: --7-641 R. (l'1t1L, TODD R. MILLER. Trustee, under the Miller Living Trust dated August 12, 2011 C NAll" JAN C. Ilfrt?"'\ LER, Trustee, under the Miller Living Trust dated August 12. 2011 STATE OF \��\\r \a ��,,� CITY/COUNTY F \lq r\a_2).E� lic Twit: The foregoing instrument was acknowledged before me this (j day of t. , 2020, by Todd R. Miller, Trustee, under the Miller Living Trust dated August 12, 2011. V..QIUIb (SEAL) 1\ LIiONv Notary Public Notary Registration Number: QCf My Commission Expires: Cl a) MEAGAN J KEITH NOTARY PUBLIC REGISTRATION#7693263 rOMMONWEALTHOFVRGNIA �( MY CO��� .J1�ZE6 STATE OF V kk4kr\q)k �- CITY/COUNTY \i\�� t\\V Se( ,, to-wit: r 1,, The foregoing instrument was acknowledged before me this day of t'uC�U• . 2020, by Jan C. Miller, Trustee, under the Miller Living Trust dated August 12, 2011. n1I ' Illf\U\ (SEAL) Notar0'ublic Notary Registration Number: ���Z(-0 My Commission Expires: (. 112,I))?S5?-E) tvlEAGAN J KEITH NOTARY PUBLIC REGISTRATION#7693263 COMMONWEALTH OF VIRGINIA IMY COIS.ION EXPIRE it Y"i j 7�y2'1) APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS / REAL ESTATE . ARMEYER 6 /02001-0 SENIOR CITY ATTORNEY DATE 8 CITY OF VIRGINIA BEACH PLAN VIEW WATERWAY WIDTH SCALE: 1" = 30' MHW-MHW= 110' Mg 103 P25 PROPOSED 12'X 12'BOAT LIFTIly 16'X 24'ROOF REMOVE EXISTING DOCKS 4 FLOOD 24.0' ♦I 80' /FRB� 15.3' IM 1 R 1 no 4:1'nu:w 1 nn nn' — 6.6. MLW••------'' _._.:�I• �=' �/ijiiii �,il�5'jii �.ii:11.111 MHW _ Now '� =y/�#5� /ia illI b �r,iiil�.ilr O�J a - EXISTING RIP RAP EXISTING 6"DIA TREE REVETMENT TO BE TO BE REMOVED RELOCATED EXISTING p PIN(F ) ENHANCED PER WETLANDS 8'x 8' FLOATING DOCK i, BOARD PERMIT c. MATERIAL SPECIFICATIONS: 12'X 50' FRAMING:CCA 2.5#PCF(MLP-88) MARGINAL WHARF HARDWARE: HOT DIPPED GALVANIZED(ASTM-A153) • UV RESISTANT FILTER CLOTH w = o '41--- WOOD FENCE A MATERIAL SCHEDULE: o PILES: 8"DIA. MINIMUM 5'3"0/C °'F N. 2"X 6"GIRDERS,JOISTS, . °r°' DECKBOARDS 2-STORY z KICK PLATE:4"X 6" STUCCO 2"X 10"ROOF GIRDERS #2900 • . . . . . . . . . . . . . . ............................. u) LOT 94 w :•:•:•:.:•:•:•:•:•:•:•;:;:•;: :•:.:•:'v LOT 96 BRIAN EDWARDS& U • THADDUS&LOUISE GREEN DEBORAH GRAY Q ' ' Lam`:`::i•], :.`].:• LOT 95 z SANDBRIDGE SHORES SANDBRIDGE SHORES O SANDBRIDGE SECTION 16 SOUTH U SHORES SECTION 1B SOUTH GPIN:2433-24-7820 SECTION 16 SOUTH GPIN:2433 24-7920 GPIN: o •••••::• .:• " �••;:• :';i :'i 24332477610000 U MB 103,P25 O --...�. O PIN(F) N 10°43'00"E 100.00' (-)5 FT TO THE CENTERLINE GREBE CRESCENT GRAPHIC SCALE 0 30 WOOD DUCK DRIVE (50'R/W) C I +5 45 E SIGMA ENVIRONMENTAL SERVICES,INC. 1513 SANDBRIDGE ROAD VIRGINIA BEACH.VIRGINIA 23456 EXHIBIT"A" PROJECT: DECK,COVERED BOAT LIFT& ENCROACHMENT REQUEST REVETMENT MAINTENANCE FOR:TODD R. MILLER&JAN C. MILLER. WATERWAY: BASS INLET WEST TRUSTEES, MILLER LIVING TRUST DATUM: 0.00'MLW=-1.3' NAVD 1988 LOT 95,SANDBRIDGE SHORES SECTION 1B SOUTH DATE: OCT. 19,2019 AB ;'{r in _ l3Yiit'j; APPLICANT'S NAME Todd Miller 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 yppiications and matters include, but are not limited to, the following: Acquisition of Property] Disposition of City Modification of by City Property Conditions or Proffers . Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning LAppeals — Certificate of Floodpiain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay —Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement 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 ! Page 1 of 7 Plannin Commission and City Council meetin that pertains to the ap lication(s). 0 APPLICANT NOTIFIED OF HEARING DATE: 6/ NO CHANGES AS OF DATE: 3/ / REVISIONS SUBMITTED _ DATE: �?1� �%' • 4110 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:__ odd Miller - __ 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 footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is d'";`erent ron, A licant. Inl 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: Todd Miller If an LLC, list the member's names: Page 2 of 7 Virginia Bea r'h 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 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. 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 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 Ni13 APPLICANT ':irginia Beach PROVIDER (use additional sheets if YES NO SERVICE needed) ® Accounting and/or preparer of your tax return n ® Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than Elthe Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed I ► ® purchaser of the subject property I I (identify purchaser(s) and purchaser's service providers) 7 r Construction Contractors Not Yet Identified XEngineers/Surveyors/Agents Sigma Environmental Services, Inc. Financing (include current mortgage holders and lenders l^I selected or being considered to provide financing for acquisition or construction of the property) xLegal Services Real Estate Brokers / X 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 j X 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 Bevil 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. Todd Miller APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if I needed) n n Accounting and/or preparer of your tax return Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than IL. the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed 17 El purchaser of the subject property (identify purchaser(s) and purchaser's service providers) nConstruction Contractors _ Not Yet Identified Engineers/Surveyors/Agents Sigma Environmental Services, Inc. Financing (include current ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) uLegal Services Real Estate Brokers / a ® 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 X an interest in the subject land or any proposed development L1 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 l sr nia 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 k provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this k Application. J ii J Todd Miller Z Feb.2on PROPERTY OWNER'S SIGNATURE PRINT NAME DATE -- Page 7 of 7 v N W E % 0 110 0 -o m S Aa A. SITE \-\) 010 _I/ j 4 111111110 r7 C CIII .111 A G LOCATION MAP ENCROACHMENT REQUEST -A FOR TODD R. MILLER AND JAN C. MILLER, TRUSTEES OF THE MILLER LIVING TRUST DATED AUGUST 12, 2011 Legend 2900 WOOD DUCK DRIVE GPIN 2433-24-7761 2433-24-7761 `� Feet CITY PROPERTY \,----`-/ 0 50 100 200 \NU 41 � 7 S� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City- Owned Property Known as Lake Wesley located at the rear of 464 Southside Road. MEETING DATE: May 19, 2020 • Background: Bruce L. Thompson owns property at 464 Southside Road (GPIN: 2427-20-3522). He has requested permission to construct and maintain a 8' x 70' wood floating dock, 24' aluminum ramp, 16' 20k boat lift, 12' 16k boat lift, and 4 mooring piles into City-owned property known as Lake Wesley (GPIN: 2427-20-7891) (collectively, the "Encroachment") adjacent to the property located at 464 Southside Road. The mooring piles extend a maximum of 92.6 ft. into Lake Wesley. The mooring piles are 96 feet from the 25' City Channel Offset (see Sheet 2 of Exhibit A). • Considerations: City staff has reviewed the requested Encroachment and has recommended approval of same, subject to certain conditions outlined in the Agreement. Council previously approved an existing wood pier in 2004. There are similar encroachments in the Lake Wesley, which is where the applicant has requested to encroach. This item was originally part of the agenda for the City Council's March 17, 2020 formal meeting, but that meeting was cancelled due to the Governor's COVID-19 Pandemic state of emergency declaration on March 12, 2020. • Public Information: Public notice via the normal City Council agenda process. • Alternatives: Deny the encroachment or add conditions as desired by Council. • Recommendations: Approval. • Attachments: Ordinance, Agreement, Exhibit, Location Map, Pictures and Disclosure Statement. Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate City Manager: 7i L, 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS LAKE 7 WESLEY LOCATED AT THE REAR 8 OF 464 SOUTHSIDE ROAD 9 10 WHEREAS, Bruce L. Thompson has requested permission to construct and 11 maintain a proposed 8' x 70' wood floating dock, 24' aluminum ramp, 16' 20k boat lift, 12' 12 16k boat lift, and four (4) mooring piles (collectively, the "Encroachment") adjacent to his 13 property located at 464 Southside Road (GPIN: 2427-20-3522). The Encroachment would 14 extend into the City's property known as Lake Wesley (GPIN: 2427-20-7891); and 15 16 WHEREAS, on April 27, 2004 under Ordinance 2803B, Council approved the 17 installation of a pier, boat lift and bulkhead on Mr. Thompson's property; and 18 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 20 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 21 the City's property subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 27 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Bruce L. Thompson, his heirs, 28 assigns and successors in title are authorized to construct and maintain 8' x 70' wood 29 floating dock, 24' aluminum ramp, 16' 20k boat lift, 12' 16k boat lift, and four (4) mooring 30 piles in the City's property known as Lake Westley as shown on the exhibit entitled: 31 "EXHIBIT A ENCROACHMENT PLAT SHOWING WOOD PIER, ALUMINUM RAMP, 32 WOOD & STEEL BOAT LIFTS, FLOATING WOOD DOCK & WOOD MOORING PILES 33 FOR: BRUCE L. THOMPSON VIRGINIA BEACH, VIRGINIA," Scale: 1" = 40', dated 34 October 17, 2019 and revised through February 13, 2020, prepared by Gallup Surveyors& 35 Engineers, a copy of which is attached hereto as Exhibit "A" and on file in the Department 36 of Public Works, to which reference is made for a more particular description; 37 38 BE IT FURTHER ORDAINED, that the Encroachment is expressly subject to 39 those terms, conditions and criteria contained in the Agreement between the City of 40 Virginia Beach and Bruce L. Thompson (the "Agreement"), an unexecuted copy of which 41 has been presented to the Council in its agenda, and will be recorded, after execution, 42 among the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 43 44 BE IT FURTHER ORDAINED, that the City Manager or his authorized 45 designee is hereby authorized to execute the Agreement; and i 46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 47 such time as Bruce L. Thompson and the City Manager or his authorized designee 48 execute the Agreement. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 51 day of , 2020. CA 14839 PREPARED: 02/13/2020 R-1 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d013\p036\00620593.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: J P L RKS, REAL ESTATE DANA . HARMEYER SENIOR CITY ATTORNEY 2 LAKE WESLEY `'\ NOW OR FORMERLY rl`'e VIRGINIA BEACH EROSION COMMISSION \„\,0' ** PROPOSED WOOD D.B. 303 P. 293 MOORING PILES (4) GPIN: 2427-20-7891 w PROPOSED ^? 8' X 70' WOOD N co n FLOATING DOCK 6'- ID., v vI 6 .•__� PROPOSED j\ , . �i WOOD & STEEL 11 1 20K BOAT LIFT PROPOSED 24' c,. , Imo', ALUMINUM RAMP ' , -- I PROPOSED • ;'; "� WOOD & STEEL `9-\' _ 111001 16K BOAT LIFT EAp w�a' METAL FENCE *�c tP� EXI51• B�LKH I MOORING PILES SHALL BE �� 60' LONG OF DRIVEN 25' F���� wooplSPiER BELOW THE MUDLINE, W ® ® w WHICHEVER IS GREATEST L ° 3 NOW OR FORMERLY NOW OR FORMERLY 1 WALL WITH WOOD DECK f. SAMUEL M. s' WOOD FENCE I_ & CYNTHIA A. HINKLE BRUCE L. THOMPSON I ` r I.N. 20150626000596150 D.B. 3961 P. 978 ° ,ram-) A PORTION OF LOT B10 LOT B13 & EASTERN 1/2 OF LOT B12 M.B. 26 P. 57 M.B. 7 P. 169 - L SHOWER 1 w GPIN: 2427-20-2474 1 STORY FRAME RESIDENCE GPIN: 2427-20-3682 # 464 c, o GPIN: 2427-20-3411 n NOTES: �o NOW OR FORMERLY N 1. THIS PLAN WAS P BRUCE L. THOMPSON PERFORMED WITHOUT n ;D D.B. 4040 P. 157 THE BENEFIT OF A ' - LOT B11 & WESTERN 1/2 OF LOT B12 0.27 MILES TO TITLE REPORT. M.B. 26 P. 57 GENERAL BOOTH *2. A ENCROACHMENT GPIN: 2427-20-3522 BLVD. AGREEMENT PIN(F)I j PIN(F)• IS RECORDED IN N40'26'00"E 120.00' I.N. 200405120074559 SOUTHSIDE ROAD (50' R/W) EXHIBIT A 40'NLTH Gt. , ENCROACHMENT Oi• L PLAT SHOWING 4 WOOD PIER, ALUMINUM RAMP, WOOD ' & STEEL BOAT LIFTS, FLOATING WOOD DOCK Uo D R UTLER Ct: & WOOD MOORING PILES :38395 No. FOR: BRUCE L. THOMPSON VIRGINIA BEACH, VIRGINIA •. 1,TV 44�,SCALE: �� REVISEDIJANUAR'Y 21, 2020TOBER 17, 2019 REVISED FEBRUARY 13, 2020 ASS/ONAL ENG GALLUP SHEET 1 OF SURVEYORS & ENGINEERS 323 FIRST COLONIAL ROAD 0' 40' 80' 1 20' VIRGINIA BEACH, VIRGINIA 23454 19-29 (757)428-8132 • • . ,/-../:. : ----•••••:::4-:-:-...-.--.- //4: ::: :..::/":":.:=:•::::::::.:..:-.::::.:.:.*:..:: :::: ::.:1:::::::•:.::.:*:::::.: S. .-:: :.::: ::....: :.:::.:1:..:.:.:::.:.*: :.:.:.:-:.:.:-.. :.:: •:, , :-:•:...-:•/..-:-::.•:-:•:-:::::.::/:::::: Lo . .. .. . .!:-:-:-:•./...:-. c.1") cl /..:•:-:•:-:•:-:i•::.1:-:•:•:: .••••••••11 (33 A''' • --••-- •- /-:•:-:-...-...-.7.1.....-. -Z . . 4,4* ''•••••••••••••••:•:-..-4•.-•-..-.4Z:-:-:•:-:/.-:-:-:-:-.11 III <t. 444t1 70 C..)4(/ 4- 1.-7.:...4.............::,,,.::/.-i.•:::-:-:: :-.F.T....../.:::::::::::::::::::::::::- -.1; rn (3. .............:.:.:.;.... ..:::::: .:.:.:.:.:..:.:.:.:.::::::::::::::::::::::::: GR ACE A t/4111111116' 0 E 6) /.-:•:•:•:•:•:•:.:-:-:.:-:•:-:;.Z.•:-::-.LAKIL..s..e....-:.•:•:-1•:•:.:•:•:-:•:-:-:-:•:-:-:-:-:•:-:- vo .-:::.::.:.:.:.:.: :. :.:.:... .-.. ::.:::::::.::7:1. ...:. .- :-Y.•::.::1:::.:::::.:.:::.:::.:::.:::.:::. :::..:-:.:1:. :::.:.:::.:. 0 1 1:::- ::.::::.:1. :. g f....i.i: ...i.c.:;.: App --•• ....j.•:•:•:::: :.:.:.:.:.// 6-f;.................. 78....:P....1....-.....-.....-.-...-..... -20- 1••••••••••••4 ":.:.::•::::.::::./..1-:-:•:-:_,::: ::::-::::::::: '.. . .4.-:-:-.-.-.- :-:-:-:-:-:-:•:-:•:•:-:::::-- 1.•.......:....; .:-:-:::::-....: -...:-:-:-:-:-:-:-:-:-•:.•• •.-:::::::::::i :) /..:.•.•-•-.? z.:.:.:.:.:.::::::::;-•• :::•, 4:-:-:-:-:-:-:-:-:.- ..:..ii.. .. ............. •:-:.-:.-:. :+:•:•:.:•:•:-:.:-:-:-: ••••••---- •-• ------•• Am........_ ..:::.:.i..:-:•:-4:::::::::::::::::-••-.AIP .................... ......... ..... -•- •---•i•--•::-:-:-:.:-:.: •.•.1:.: • ••••-• ..:-:..:./1-:-:.-:.. -•i.l-..-:•:-..::::-•.• .-..::.I..:::::::-:1:-:.:.:-:.:.:.:-:-:::: .-:-:.:1.:-:-:-:-:-/-:-:-:-:.:-: -•\... ..:-:-1 :, ... 4z- :/ 1:::::::-:-. ct- .:::::/. i-..:.:-:.:.:.:-::::: L TH op CHANNEL LOCATED VIA GPS + P% 0 REFERENCE MONUMENTS: PRO4-2-A c3 D/I F.0 I5 UTLER 5 A-5 RESET v I.V ' c No. `,1 38395 . V 4t CHANNEL LOCATION PROVIDED EXHIBIT A • fi:\ .$4,4, PLAT SHOWING BY: EAST EAST COAST HYDROGRAPHIC c%"` ‘4C1\ DISTANCE FROM CHANNEL 6N/ONAL ‘- FOR: BRUCE L. THOMPSON VIRGINIA BEACH, VIRGINIA SCALE: NOT TO SCALE OCTOBER 17, 2019 REVISED JANUARY 21, 2020 REVISED FEBRUARY 13, 2020 GALLUP SURVEYORS & ENGINEERS 1, 323 FIRST COLONIAL ROAD 19-29 , :a VIRGINIA BEACH, VIRGINIA 23454 (757)425-8132 SHEET 2 OF 7 -._ • 0 D R UTLER 15-3,1 ' No. 38395 2° ��� 4 <4.S'S1ONAL ENS'\ •-mi CLASS B TIMBER PILE WITH INTERNAL PILE GUIDE-TYP. tD FLOATING DOCK PILES SHALL BE 50' LONG OR ai DRIVEN 20' BELOW THE MUDLINE, WHICHEVER IS GREATEST. I �--2" X 6" TREATED TIMBER DECKING MATERIAL EXHIBIT A ENCROACHMENT PLAT SHOWING WOOD PIER, ALUMINUM RAMP, WOOD & STEEL BOAT LIFTS, FLOATING WOOD DOCK • & WOOD MOORING PILES FOR: BRUCE L. THOMPSON VIRGINIA BEACH, VIRGINIA SCALE: 1" = 10' OCTOBER 17, 2019 8.0' REVISED JANUARY 21, 2020 REVISED FEBRUARY 13, 2020 GALLUP SURVEYORS & ENGINEERS 323 FIRST COLONIAL ROAD VIRGINIA BEACH, VIRGINIA 23454 (757)428-8132 SHEET 3 OF 7 ALUMINUM HANDRAILS 15' BEVEL OR PVC CAP FIXED PIER 0000000000011114 FLOATING DOCK—\, PREFAB ALUMINUM GANGWAY I ' MHW EXTERNAL PILE GUIDES MLW 12'0 PILE, — 2'x4'x16' POLYFLOATS L=50'* BY SEAPORT OR EQUAL APPROX. BOTTOM SECTION VIEW * (no scale) FLOATING DOCK PILES SHALL BE 50' LONG OR DRIVEN 25' BELOW THE MUDLINE. WHICHEVER IS GREATEST. 4I, LTH o att DA R. UTLER L . No. EXHIBIT A 38395 ENCROACHMENT ,2°�44 WOOD PIER, ALUMINUM PLAT OIN RAMP, WOOD G ASS%ONALZENG\� & STEEL BOAT LIFTS, FLOATING WOOD DOCK & WOOD MOORING PILES FOR: BRUCE L. THOMPSON VIRGINIA BEACH, VIRGINIA SCALE: 1" = 40' OCTOBER 17, 2019 REVISED JANUARY 21, 2020 REVISED FEBRUARY 13, 2020 GALLUP SURVEYORS & ENGINEERS 323 FIRST COLONIAL ROAD VIRGINIA BEACH. VIRGINIA 23454 (757)428-8132 SHEET 4 OF 7 16' 20K LIFT 12' 1 6vK LIFT OR PER MANUFACTURER ENGR'ED I—BEAM xt MOTOR F.G.=9.5 (MIN.) STAINLESS STEEL CABLE LIFT TO BE INSTALLED PER MANUFACTURER'S SPECIFICATIONS WOOD '�— CHOCKS"o MHW CRADLE I—BEAM CLASS B PILES, L=50' MLW ALL PILING CCA 2.5 PCF (MLP-80) ALL HARDWARE H.D. GALV. ASTM—A153 WOOD CHOCKS TO BE CCA 2.5 PCF (MLP-80) APPROX. BOTTOM BOAT LIFT DETAIL V (no scale) * BOAT LIFT PILES SHALL BE THE LENGTH SPECIFIED OR DRIVEN TO MIN. 50 PERCENT PENETRATION BELOW THE BOTTOM OF THE MUDLINE, WHICHEVER IS GREATEST. (NO SOUNDINGS OR SOIL BORINGS WERE PROVIDED) EXHIBIT A ENCROACHMENT PLAT SHOWING WOOD PIER, ALUMINUM RAMP, WOOD & STEEL BOAT& WOOD TMOOR NGTIPILESOOD DOCK �41,NI,TH OF G FOR: BRUCE L. THOMPSON 4.9 VIRGINIA BEACH, VIRGINIA SCALE: 1" = 40' OCTOBER 17, 2019 v D R UTLER REVISED JANUARY 21, 2020 No. REVISED FEBRUARY 13, 2020 `j 38395 • 2p GALLUP eF, 2� \�<v SURVEYORS & ENGINEERS SS/ONAL ENG 323 FIRST COLONIAL ROAD VIRGINIA BEACH, VIRGINIA 23454 (757)428-8132 SHEET 5 OF 7 MATERIAL NOTES 1. CONTRACTOR SHALL BE RESPONSIBLE FOR LOCATING AND MARKING ALL UNDERGROUND UTILITIES. 2. TEST PILES SHALL BE INSTALLED IN THE COMPANY OF THE ENGINEER OF RECORD. 3. ALL MANUFACTURED STRUCTURES, COMPONENTS AND PRODUCTS SHALL BE INSTALLED IN ACCORDANCE WITH THE MANUFACTURERS SPECIFICATIONS AND RECOMMENDATIONS. 4. ALL STRUCTURES NOT SHOWN OR SPECIFIED TO BE REMOVED SHALL REMAIN. 5. ALL TIMBER SHALL BE SOUTHERN YELLOW PINE (SYP) #1 GRADE OR BETTER, S4S. 6. PRESERVATIVE TREATMENT: ALL TIMBER PILES, WALES, PILE CAPS (AS DEFINED OR SHOWN AS SUCH ON THE DRAWINGS) AND ALL OTHER PERMANENT TIMBER ITEMS INCORPORATED INTO THE STRUCTURE SHALL RECEIVE CHROMATED COPPER ARSENATE (CCA) TREATMENT AT A RATE OF 2.5 PCF IN ACCORDANCE WITH THE AMERICAN WOOD PRESERVERS ASSOCIATION AWPA STANDARD UI-12, USE CATEGORY UC5B. 7. ALL LIFT AND FLOAT PILES SHALL BE ASTM D25, CLASS B, MINIMUM DIAMETER 12" AT 3" FROM BUTT AND MINIMUM 8" DIAMETER AT TIP. WOOD PILE DELIVERY TICKETS SHALL BE ON SITE AND AVAILABLE TO A DESIGNATED REPRESENTATIVE DURING INSTALLATION. (FIXED PIER PILES SHALL BE 8" DIAM) 8. ALL FIELD CUTS, BEVELS, NOTCHES, RESURFACING, AND ABRASIONS SHALL BE PRESERVATIVE TREATED WITH COPPER NAPHTHENATE HAVING A MINIMUM OF 2% METALLIC SOLUTION IN ACCORDANCE WITH AWPA M4. 9. ALL PILES SHALL BE DRIVEN BY DROP HAMMER OR VIBRATORY HAMMER TO THE REQUIRED EMBEDMENT DETPH. THE CONTRACTOR SHALL BE REPONSIBLE FOR PROVIDING EQUIPMENT LARGE ENOUGH TO REACH THE REQUIRED EMBEDMENT. JETTING AND/OR PRE-DRILLING SHALL NOT BE PERFORMED WITHOUT PRIOR AUTHORIZATION FROM THE DESIGN ENGINEER. IT IS STRONGLY RECOMMENDED THAT THE CONTRACTOR DRIVE TEST PILES PRIOR TO FULL MOBILIZATIONS AND DRIVING OF PRODUCTION PILES. 10. ALL PILES DAMAGED DURING DRIVING SHALL BE EXTRACTED. 11. PILES SHALL BE MAINTAINED PLUMB DURING DRIVING. PILES SHALL NOT BE MORE THAN 2-1/2 INCHES OUT-OF-PLUMB PER 10 FEET OF PILE LENGTH, AND/OR NO MORE THAN 6 INCHES OVERALL PER PILE. 12. PILE INSTALLATION SHALL BE INSPECTED PER THE REQUIREMENTS OF THE AUTHORITY HAVING JURISDICTION. EXHIBIT A ENCROACHMENT PLAT SHOWING �ALTH 040 WOOD PIER, ALUMINUM RAMP, WOOD G & STEEL BOAT LIFTS, FLOATING WOOD DOCK & WOOD MOORING PILES FOR: BRUCE L. THOMPSON OD R5111)14% UTLER VIRGINIA BEACH, VIRGINIA . No. SCALE: 1" = 40' OCTOBER 17, 2019 38395 REVISED JANUARY 21, 2020 �. 2�� 20 �� REVISED FEBRUARY 13, 2020 ASS/ONAL I- GALLUP SURVEYORS & ENGINEERS 323 FIRST COLONIAL ROAD VIRGINIA BEACH, VIRGINIA 23454 (757)428-8132 SHEET 6 OF 7 13. FASTENERS: ALL FASTENERS SHALL BE PROVIDED WITH A HOT DIPPED GALVANIZED COATING IN ACCORDANCE WITH ASTM A153 AND/OR F2329 (AS APPLICABLE) WITH A MINIMUM ZINC COATING OF 0.90 OZ/FT2 (OUNCES PER SQUARE FOOT OF SURFACE AREA). 14. BOLTS - ALL BOLTS SHALL CONFORM WITH ASTM A307 AND/OR F2329 (AS APPLICABLE) AND HAVE HOT DIPPED GALVANIZING IN ACCORDANCE TO ASTM A153 WITH A MINIMUM ZINC COATING OF 0.90 OZ/FT2 (OUNCES PER SQUARE FOOT OF SURFACE AREA). WASHERS SHALL BE PROVIDED BENEATH ALL NUTS AND BOLT HEADS. 15. NUTS - ALL NUTS SHALL MEET THE REQUIREMENTS OF ASTM A563 AND HAVE HOT DIPPED GALVANIZING IN ACCORDANCE TO ASTM A123 WITH A MINIMUM ZINC COATING OF 0.90 OZ/FT2 (OUNCES PER SQUARE FOOT OF SURFACE AREA). 16. OGEE WASHERS - ALL OGEE WASHERS SHALL MEET THE REQUIREMENTS OF ASTM A47 AND HAVE HOT DIPPED GALVANIZING IN ACCORDANCE TO ASTM A123 A MINIMUM ZINC COATING OF 0.90 OZ/FT2 (OUNCES PER SQUARE FOOT OF SURFACE AREA). 17. NAILS - ALL NAILS SHALL BE MINIMUM 16D COMMON (UNLESS NOTED OTHERWISE), SPIRAL SHANK, HOT DIPPED GALVANIZED OR ELECTROGALVANIZED WITH A MINIMUM ZINC COATING OF 0.90 OZ/FT2 (OUNCES PER SQUARE FOOT OF SURFACE AREA). 18. MISCELLANEOUS STEEL COMPONENTS - ALL MISCELLANEOUS STRUCTURAL STEEL COMPONENTS, INCLUDING CONNECTORS, BRACKETS AND MISCELLANEOUS PARTS SHALL BE FABRICATED FROM ASTM A36 STEEL. ALL STRUCTURAL STEEL SHALL BE HOT DIPPED IN ACCORDANCE WITH ASTM A123 WITH A MINIMUM ZINC COATING OF 0.90 OZ/FT2 (OUNCES PER SQUARE FOOT OF SURFACE AREA). 19. DRILL ALL HOLES WITH A BIT 1/16" LARGER THAN THE REQUIRED BOLT DIAMETER. 20. ALL BOLT ENDS SHALL BE CUT OFF SUCH THAT A MAXIMUM OF 1" OF BOLT PROTRUDES BEYOND THE NUT. 21. EROSION REPAIR AREAS SHALL BE BACKFILLED WITH ONSITE AND/OR OFFSITE SOILS CLASSIFIED AS SM-SC WITH A PLASTICITY INDEX BETWEEN 10 AND 18. ALL SOILS SHALL BE PLACED IN MAXIMUM 8 INCH LIFTS AND COMPACTED TO 95 PERCENT OF THE SOILS MAXIMUM DRY DENSITY AS DETERMINED IN ACCORDANCE WITH ASTM D698. REPAIRED SLOPE FACE SHALL BE SEEDED WITH VEGETATION APPROVED BY THE OWNER. 22. BOAT LIFTS TO BE INSTALLED PER MANUFACTURER'S SPECIFICATIONS. EXHIBIT A ENCROACHMENT p,LTH PLAT SHOWING �� p WOOD PIER, ALUMINUM RAMP, WOOD o & STEEL BOAT LIFTS, FLOATING WOOD DOCK ,� r� & WOOD MOORING PILES ° D I�R UTLER FOR: BRUCE L. THOMPSON qlc'. No. VIRGINIA BEACH, VIRGINIA `J 38395 SCALE: 1" = 40' OCTOBER 17, 2019 12, <v, REVISED JANUARY 21, 2020 F REVISED FEBRUARY 13, 2020 SS/ONAL ENG GALLUP SURVEYORS & ENGINEERS 323 FIRST COLONIAL ROAD VIRGINIA BEACH, VIRGINIA 23454 (757)428-8132 SHEET 7 OF 7 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 1,-) day of Eebr' , 20 2,O, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and BRUCE L. THOMPSON, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESS ETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot B11 and the Western 1/2 of Lot B12, Block B" as shown on that certain plat entitled: "REPLAT OF RUDEE HEIGHTS PRINCESS ANNE CO., VA.," Scale 1" = 100", dated December 1950, prepared by S. W. Armistead, C. E., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 26, at page 57, and being further designated, known, and described as 464 Southside Road, Virginia Beach, Virginia 23451; WHEREAS, the Grantee was previously granted permission to encroach into a portion of Lake Wesley to construct and maintain an existing pier, boat lift and bulkhead, mooring piles, gangway and rip rap and fill as recorded in the aforesaid Clerk's Office as Instrument Number 20040512000745590. WHEREAS, it is proposed by the Grantee to construct and maintain a 8' x GPIN: 2427-20-7891 (Lake Wesley) GPIN: 2427-20-3522 (464 Southside Road) 70' wood floating dock, 24' aluminum ramp, 16' 20k boat lift, 12' 16k boat lift, and four (4) mooring piles (collectively, the "Temporary Encroachment"), in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Lake Wesley, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT PLAT WOOD PIER, ALUMINUM RAMP, WOOD & STEEL BOAT LIFTS, FLOATING WOOD DOCK & WOOD MOORING PILES FOR: BRUCE L. THOMPSON VIRGINIA BEACH, VIRGINIA," Scale: 1" = 40', dated October 17, 2019 and revised through February 13, 2020, prepared by Gallup Surveyors & Engineers, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must 3 be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, BRUCE L. THOMPSON, the said Grantee, has caused this Agreement to be executed by their signatures. Further, that the City of Virginia 4 Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2020, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2020, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 OWNER: Bruce L. om on STATE OF pp CITY/COUNTY OFVlivic-, a, No-wit: rr The foregoing instrument was acknowledged before me this day of i�{ark , 20/0, by Bruce L. Thompson. V 0-AV Q. (SEAL) Notary ublic Notary Registration Number: iS o7 y6S KELLY A. NORDHUES My Commission Expires: 3 •31•ZZZ. NOTARY PUBLIC REGISTRATION#7507985 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES AUGUST 31.2022 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL i SUFFICIENCY AND FORM ilAj r V IGN E M D . A EVER SENIOR CITY ATTORNEY PUBLIC WORKS/REAL ESTATE DEPARTMENT/DIVISION 7 yC i .141 — . 0 . i lk� r r N �T °r % W E NC-VV .,, • .� yo r w 4 4 . ..,. :‘ .. , i _:_, .,...... t \i, A c it, - . , ‘ `4 ill, 2 PN,. ,,, i. / Y _ wa s t40 - 4ar ,, ,,, A . . Iv ., ,,,,,„ . „.., , 4, , '-: y �w w w ti ; �Q} . /y �r y ;.4.- ' 'Z' 44'' I a* ' 4 p .. 'k, * 41 s ,`R y O 'kM G y «>! a . LOCATION MAP 1W.• rtt Y `i 9 a�J�I a^ GRACE ,, /t tg A ENCROACHMENT REQUEST AVE FOR _ .fi .:,41, ;� BRUCE L. THOMPSON Legend 1 I ` 464 SOUTHSIDE ROAD 2427-20-3522 ° GPIN 2427-20-3522 1 .1 Feet CITY PROPERTY • . , vim. `k., 0 50 100 200 s Prepared by P.W./Eng./Eng.Support Services Bureau 11/14/2019 X:\CADD\Projects\ARC Files\AGENDA MAPS\2427-20-3522\2427-20-3522 Aerial.mxd NORFOLK AV y,R I tt O ? W-60— E 2 yG m r S N t4r114/411 / /• SITE C45- , xQT P" (e -----NI , , ,. ,„„,,,, 4,0 i ,,„ 0 , ,_ 0 , ,, <„ ,- .„ , ,,,, ,, 2,..,,,,,')„., ,,,, , , 4° -, cJ > / / / 141 i °w o S 1 O J 4'4 CO C LOCATION MAP GRArs, �" ENCROACHMENT REQUEST /� ? FOR .. BRUCE L. THOMPSON Legend 464 SOUTHSIDE ROAD 2427-20-3522 �� �" GPIN 2427-20-3522 Feet CITY PROPERTY Alli 0 50 100 200 Prepared by P.W./Eng./Eng.Support Services Bureau 11/14/2019 X:\CADD\Projects\ARC Files\AGENDA MAPS\2427-20-3522\2427-20-3522.mxd 46ip4 Ate I?ide S. t..• .. •!fir !_- 441, r•' ••. s S Is s! —Si IJ 1;,T. , 1 i. le 'NA .i- r 't'iTp s a f 'may`^ -.}'v"T a va PICTURES OF 464 SOUTHSIDE ROAD ` . , p'' 'c''''- r ` u i r r we+ 4<tyit.- r, •,1 sr;: Ihrii.." r• Aril • 0 ,i�D' -t!. •4' '.� ii _ -- - S ,r/,/��/ 1 \1161\411:*,Att, ‘,.,nag!' _ — . , \ ce / ' N..,, \ ' \ 44.4 side Vci r , ^` -1_ .--•'�"r--- .r, I «ais� ims.I G:■i.,i'irkTIILU■ ._ 1 /��.■ ,.: f:8 PICTURES OF 464 SOUTHSIDE ROAD ADD d Virginia Beach APPLICANT'S NAME Bruce L. Thompson 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 Disposition of City I I Modification of by City Property , Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exc tion for (EDIP) Board of Zoning Encroachment Request Rezoning [Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 0 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 dlsciosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the a lication(s). El APPLICANT NOTIFIED OF HEARING DATE: El NO CHANGES AS OF b DATE: C] ;REVISIONS SUBMITTED DATE: } l Virginia Beach E 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:Bruce L_Thompson If an LLC, list all member's names: n/a If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) n/a (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Professional Hospitality Resources, Inc. Gold Key/PHR Heritage Investments, LLC Cavalier Associates, LLC See next page for Information pertaining to footnotes 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. ti 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 4 .00 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 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. 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 determiningthe existence of an affiliated business entityrelationship p 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 Locai Government Conflict of Interests Act, Va. Code § 2.2-3101. Ss 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 3 of 7 r' 6 111 APPUCANT w P stub YES NO I SERVICE 1 ' PROVIDER tun aedwonil shuts if - sea4adf. ® ❑ .Accounting and/or preparer of Dhoon Goodman iiughee your tax return ElEl rs Architect/Landscape Architect/ , Oak*Surveyors +—� .Land Planner If , , _. 0 Contract Purchaser other__t - �i� '?. -idendfr purchsisar . .and purchaser's service providers • + ' Any other pending or proposed D D purchaser of the subject property •: pdentWy purchaser(s)and .•purchaser's service providers) , , • ® Construction Contractors 0 �.o..-_. .......-..._ Harold Warren . �Engtnurs/hiarveyor;/Agents Finnan;(include current Er r-I mortgage holders and lenders , St-rf 4.— :selected or being considered to .. 'provide financing for acquisition or construction of the property) 0 el Legal Sernicas , _ ._ ... .. .. .._ ... i. Real Estate Brokers/ Q ® Agents/Realtors for current and • anticipated future sales of the subject property • r.. " .... ... .. ._ SECTION 4..KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 'Doss 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 I tft Virginia Beach 01 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.Y provided herein two weeks prior to the Planning Commission, Council, VRDA meeting, or: -eting of any public body or committee in connection with this lApplicatipt. APPUCAt C At' E PRINT NAME DATE g Page 5 of 7 • („„,„. OWNER Virginia Beach YES NO 1 I SERVICE j PROVIDER (use additional sheets If needed) IL ❑ Accounting and/or preparer of Dixon Goodman Hughes I� your tax return Architect/Landscape Architect/ Gallup Surveyors Land Planner — Contract Purchaser(if other than the Applicant) -identify purchaser and purchaser's service providers Any other pending or proposed Ej purchaser of the subject property -. tt�L ; (identify purchaser(s) and purchaser's service providers) nEl Construction Contractors ❑ Engineers/Surveyors/Agents Harold Warren Financing (include current C ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Z Legal Services Real Estate Brokers / ® Agents/Realtors for current and anticipated future sales of the I subject property I j _I II 4 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? t If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 • «sa BeachVirginia CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is 14 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 5 Application, 1 - !��U C E 7I-toineSoN I a 3 l •i q 0 ROPERTY OiER GNATURE PRINT NAME DATE ... ,,,,��,,., mow,�,'m,�,W,� ..� .. 3 ".lfv Page 7 of 7 if CITY OF VIRGINIA BEACH AGENDA ITEM 9 ITEMS: (1) A Resolution Requesting the Virginia Department of Transportation Accept Additional Streets for Urban Maintenance Payments (2) A Resolution Requesting the Virginia Department of Transportation Accept Corrections to the Road Inventory for Urban Maintenance Payments MEETING DATE: May 19, 2020 • Background: The Virginia Department of Transportation ("VDOT") maintenance funding is conditioned upon City Council submitting to VDOT resolutions for all new streets and for all corrections/deletions to the City's road inventory. VDOT provided the City with a letter, dated June 21, 2019, which stated the FY20 reimbursement rates. The rates are as follows: local/collector streets will be reimbursed at $12,734.62 per lane mile, and arterial streets will be reimbursed at $21,689.51 per lane mile. • Considerations: The first resolution requests the addition of newly constructed streets in the amount of 4.76 lane miles which will be eligible for urban maintenance funds beginning on July 1, 2019. All 4.76 lane miles are classified as local/collector streets. Based on the VDOT reimbursement rates, the City will receive $60,616 per year for these added lane miles. The second resolution requests changes to the current VDOT maintenance funding inventory due to duplications or updated lane mile data. There are 0.08 lane miles of local/collector streets to be deleted from the inventory. There are corrections in the amount of 0.14 lane miles of local/collector streets to be added back to the inventory, for a net increase of 0.06 lane miles of local/collector streets. Based on the VDOT reimbursement rates, the City reimbursement will be increased by $764 per year for these changes. The total net increase in urban maintenance lane miles from the additions and the corrections will result in a funding increase of $61,380 from VDOT. This item was originally part of the agenda for the City Council's March 17, 2020 formal meeting, but that meeting was cancelled due to the Governor's COVID-19 Pandemic state of emergency declaration on March 12, 2020. • Public Information: Normal City Council's agenda process. • Recommendations: Approval • Attachments: Resolutions (2), Exhibit A ("New Streets"), Exhibit B ("Changes") Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: 7714/„. 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION ACCEPT 3 ADDITIONAL STREETS FOR URBAN MAINTENANCE 4 PAYMENTS 5 6 WHEREAS, the Virginia Department of Transportation requires a City Council 7 resolution prior to accepting additional streets for urban maintenance payments; and 8 9 WHEREAS, the 4.76 (Local/Collector) lane miles of streets listed on Exhibit A 10 (attached) have been constructed in accordance with standards established by the 11 Virginia Department of Transportation; and 12 13 WHEREAS, the City of Virginia Beach has accepted and agreed to maintain 14 these streets; and 15 16 WHEREAS, a representative from the Virginia Department of Transportation has 17 inspected and approved these streets. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That City Council hereby requests the Virginia Department of Transportation to 23 accept the streets listed on Exhibit A, attached hereto and incorporated by reference, 24 and to begin paying urban maintenance payments to the City of Virginia Beach based 25 on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Department of P blic Works o;rr y's Office CA15022 R-1 March 4, 2020 13P I Obd OZOz`C VA{V`,WmB.L 3I :WAS mal i Jo sallAl aus'I IBao.L __ :WWI 1V301 Jo*nig MI Ihoy 00'I QN3OV30 S all 3NNV SS3DNIIId 301N3INLVNIICIO.L 1VD01 90'I DVS 301113 N ON3 QV30 S all 113AITIO1 'IVDOl 00.I 43Na QV3O 3N[7 3LVJ S OIL ONYISI S.LLONDI TVD07 OS'0 ILO O13L3SDNDI SC CI13L3SONDI AVM ATISOW AYNWIC 1VDO'I 08'0 all30OLIiaUNVS QII3NNV SS3DN111d NV II-AMU IVj07 S3`IIW 3NV'I OZ NOW 'SHILLS ad.c,L aaa_is suol;saad0/SIIdoA%3llgnd Slaails nt aN V a.igiux3 ip 3U BIUI1IA JO Ana 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION ACCEPT 3 CORRECTIONS TO THE ROAD INVENTORY FOR 4 URBAN MAINTENANCE PAYMENTS 5 6 WHEREAS, the Virginia Department of Transportation requires a City Council 7 resolution prior to accepting corrections or deletions to the revised road inventory for 8 urban maintenance payments; 9 10 WHEREAS, City personnel have reviewed the revised road inventory prepared 11 by the Virginia Department of Transportation and have determined that some 12 inaccuracies exist; 13 14 WHEREAS, corrections to the revised road inventory have been made as shown 15 on Exhibit B (attached), resulting in a net increase of 0.06 (Local/Collector) lane miles. 16 17 WHEREAS, a representative from the Virginia Department of Transportation has 18 inspected and approved corrections. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That City Council hereby requests the Virginia Department of Transportation to 24 accept the corrections listed on Exhibit B, attached hereto and incorporated by 25 reference, and to begin paying urban maintenance payments to the City of Virginia 26 Beach based on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Department of Pu is Works rn 's Dffice CA15023 R-2 March 4, 2020 Exhibit B - Changes City of Virginia Beach Public Works/Operations Additions/Replaced deletions Street Type STREET FROM TO LANE MILES LOCAL SEABRIGHT CT W DEAD END E CUL DE SAC 0.14 Total Lane Miles of LOCAL streets: 0.14 Total Lane Miles of Additions/Replaced deletions: 0.14 Deletions Street T3 pe STREET FROM TO t LANE MILES LOCAL SEABRIGHT CT EASTBORNE DR END OF CUL-DE-SAC -0.08 Total Lane Mlles of LOCAL street: -0.08 Total Lane Miles of Deletions: -0.08 Tuesday,March 3,2020 Page 1 of 1 C SNukirrz , 4 ' l s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Establish Projects # 5-159, "Public Utilities Office Space Acquisition and Improvements — Water," and # 6-159, "Public Utilities Office Space Acquisition and Improvements — Sewer," and to Transfer Funds from the Water and Sewer Enterprise Fund to Projects # 5-159 and # 6-159 MEETING DATE: May 19, 2020 • Background: After the events of May 31, 2019, employees who worked in Building 2 were temporarily dispersed to other locations throughout the City. Since then, Public Utilities staff have been occupying several spaces at the Municipal Center and the Landstown Complex. Efforts are underway to secure a site large enough that staff from the Business and Engineering Divisions can be located together or in close proximity. A final location has not been selected, but the City is focusing on the Lynnhaven corridor to align with the location of the Planning Department. This would provide a higher level of convenience for joint customers. The area of focus also has greater availability of large vacant office space to meet the needs of Public Utilities. Facilities Management estimates the cost for an initial lease to be $500,000, and the cost for build-out of the space to be $1,600,000. In total, the estimated cost is $2,100,000. Due to the timing of the event, this request was not programmed for FY 2019-20, but efforts are underway, and this work is likely to begin before July 1, 2020. As such, it is necessary to establish companion Water and Sewer Capital Improvement Projects to facilitate this space consolidation and build-out effort. • Considerations: Public Utilities plans and schedules revenue bond sales in conjunction with the Finance Department. A utility bond sale was anticipated in FY 2019-20, but that sale was delayed due to recovery efforts. Due to the delay, $2.1 million originally programmed for debt service in FY 2019-20 is available for repurposing as a transfer to newly established CIP projects # 5-159 and # 6-159. This item was originally part of the agenda for the City Council's March 17, 2020 formal meeting, but that meeting was cancelled due to the Governor's COVID-19 Pandemic state of emergency declaration on March 12, 2020. • Public Information: Normal City Council Agenda Process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Project Pages (2) Recommended Action: Approval Submitting Department/Agency: Public Utilities City Manager: M(,, 1 AN ORDINANCE TO ESTABLISH PROJECTS # 5- 2 159, "PUBLIC UTILITIES OFFICE SPACE 3 ACQUISITION AND IMPROVEMENTS — WATER," 4 AND # 6-159, "PUBLIC UTILITIES OFFICE SPACE 5 ACQUISITION AND IMPROVEMENTS — SEWER," 6 AND TO TRANSFER FUNDS FROM THE WATER 7 AND SEWER ENTERPRISE FUND TO PROJECTS 8 # 5-159 AND # 6-159 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA, THAT: 12 13 1. Capital Project # 5-159, "Public Utilities Office Space Acquisition and 14 Improvements — Water," is hereby established in the FY 2019-20 Capital 15 Improvement Program. 16 17 2. Capital Project # 6-159, "Public Utilities Office Space Acquisition and 18 Improvements — Sewer," is hereby established in the FY 2019-20 Capital 19 Improvement Program. 20 21 3. $2,100,000 is hereby transferred from the Water and Sewer Enterprise Fund in the 22 FY 2019-20 Operating Budget to the following projects: 23 i. CIP # 5-159 in the amount of$1 ,050,000; and 24 ii. CIP # 6-159 in the amount of$1 ,050,000. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget & Management Services Ci y ey s Office CA15028 R-1 March 4, 2020 City of Virginia Beach FY 2021 thru FY 2026 Capital Improvement Program Project: 5159000 Title:Public Utilities Office Space Acquisition&Improvements Status: Proposed Category: Water Utility I Department: Public Utilities Ranking: 0 Project Type Project Location Project Type: Rehabilitation/Replacement District: Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Funding 1,050,000 1,050,000 0 0 0 0 0 0 0 Description and Scope The scope of this project is to support the initial lease payment and all costs associated with build-out of Public Utilities'new lease space to accommodate the needs and activities of the Public Utilities Business and Engineering Division staff.A total cost estimate of$500,000 for the initial lease payment and$1,600,000 to complete the build-out of the new lease space was provided by Facilities Management.This project is planned in coordination with the companion Water Utility project 6-159. Purpose and Need As a result of Public Utilities'staff relocation,this project was created to facilitate the initial lease payment and build-out of new lease space. History and Current Status This project was established by City Council on March 18,2020.It first appeared in the FY 2020-21 CIP. Operating Budget Impacts Project Map Schedule of Activities Project Activities From-To Amount Site Acauisition 03/20-06/21 250,000 Construction 03/20-06/21 800,000 Total Budgetary Cost Estimate: 1,050,000 Means of Financing NO MAP REQUIRED Funding Subclass Amount Local Funding 1,050,000 Total Funding: 1,050,000 G ovM a x 1 3/4/2020 City of Virginia Beach FY 2021 thru FY 2026 Capital Improvement Program Project: 6159000 Title:Public Utilities Office Space Acquisition&Improvements Status: Proposed Category: Sewer Utility I Department: Public Utilities Ranking: 0 Project Type Project Location Project Type: Rehabilitation/Replacement District: Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Funding 1,050,000 1,050,000 0 0 0 0 0 0 0 Description and Scope The scope of this project is to support the initial lease payment and all costs associated with build-out of Public Utilities'new lease space to accommodate the needs and activities of the Public Utilities Business and Engineering Division staff.A total cost estimate of$500,000 for the initial lease payment and$1,600,000 to complete the build-out of the new lease space was provided by Facilities Management.This project is planned in coordination with the companion Water Utility project 5-159. Purpose and Need As a result of Public Utilities'staff relocation,this project was created to facilitate the initial lease payment and build-out of new lease space. History and Current Status This project was established by City Council on March 18,2020.It first appeared in the FY 2020-21 CIP. Operating Budget Impacts Project Map Schedule of Activities Project Activities From-To Amount Site Acauisition 03/20-06/21 250,000 Construction 03/20-06/21 800,000 Total Budgetary Cost Estimate: 1,050,000 Means of Financing NO MAP REQUIRED Funding Subclass Amount Local Funding 1,050,000 Total Funding: 1,050,000 GovMax 2 3/4/2020 16° L CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute an Agreement between the City of Virginia Beach, F-14 Tomcat Monument Association, and the Hampton Roads Squadron, The Association of Naval Aviation, Inc., for the Construction, Dedication and Maintenance of the F-14 Tomcat Monument to be Installed at 25th Street and the Boardwalk, and Authorizing the City Manager to Accept Donation of the Monument MEETING DATE: May 19, 2020 • Background: The F-14 Tomcat Monument Association ("F-14 Association") is a nonprofit 501(c)(3) organization. The Hampton Roads Squadron, The Association of Naval Aviation, Inc. ("HRANA") is a Virginia non-stock corporation. The F-14 Association has proposed to construct and dedicate a monument for placement at 25th Street and the Boardwalk. The F-14 Tomcat Monument ("Monument") will educate the public on the vital role of the Tomcat in Naval aviation history and will memorialize the aviators who gave their lives in flight and who built and sustained the aircraft and fleet for thirty-six (36) years. The F-14 Tomcat was the first carrier-based fighter aircraft to feature a variable swept wing, was capable of speeds approaching Mach 2, and proved a lethal opponent against adversaries. The Monument will be constructed with a three inch powder-coated tubular steel frame covered by four laser-etched black granite panels and will detail how the F-14 Tomcat was deployed worldwide in thirty-six (36) Navy squadrons and flew from U.S. aircraft carriers from 1974 through 2006. The Monument is similar in design to the existing Naval Aviation Monument. • Considerations: An agreement has been proposed between the City, the F-14 Association, and HRANA to provide for the construction, dedication, and maintenance of the Monument. Under the terms of the agreement, the F-14 Association will pay, at its sole cost and expense, to design and construct the Monument and HRANA, at its sole cost and expense, will be responsible for maintenance and capital repairs to the Monument. The agreement requires the City to remove approximately five square feet of existing pavers at the Premises prior to installation of the Monument. The Agreement provides for the dedication of the Monument after completion and written acceptance by the City. After dedication and acceptance, the Monument shall be the sole property of the City. The Virginia Beach Arts and Humanities Commission has endorsed the Monument. • Public Information: Normal Council agenda process. • Attachments: Ordinance, Agreement, Summary of Terms, Rendering of monument Recommended Action: Approval Submitting Department/Agency: Department of Cultural Affairs 6 .1 City Manager: /M L 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AN AGREEMENT 3 BETWEEN THE CITY OF VIRGINIA BEACH, THE F- 4 14 TOMCAT MONUMENT ASSOCIATION, AND THE 5 HAMPTON ROADS SQUADRON, THE 6 ASSOCIATION OF NAVAL AVIATION, INC., FOR 7 THE CONSTRUCTION, DEDICATION AND 8 MAINTENANCE OF THE F-14 TOMCAT 9 MONUMENT TO BE INSTALLED AT 25TH STREET 10 AND THE BOARDWALK, AND AUTHORIZING THE 11 CITY MANAGER TO ACCEPT DONATION OF THE 12 MONUMENT 13 14 WHEREAS, the F-14 Tomcat Monument Association ("F-14 Association") is a 15 nonprofit 501(c)(3) organization; and 16 17 WHEREAS, the Hampton Roads Squadron, The Association of Naval Aviation, 18 Inc. ("HRANA") is a Virginia non-stock corporation; and 19 20 WHEREAS, the F-14 Association has proposed to construct and dedicate a 21 monument for placement at 25th Street and the Boardwalk ("Premises"); and 22 23 WHEREAS, the F-14 Monument ("Monument") will educate the public on the vital 24 role of the Tomcat in Naval aviation history and will memorialize the aviators who gave 25 their lives in flight and who built and sustained the aircraft and fleet for thirty-six (36) 26 years; and 27 28 WHEREAS, the F-14 Tomcat was the first carrier-based fighter aircraft to feature 29 a variable swept wing, was capable of speeds approaching Mach 2, and proved a lethal 30 opponent against adversaries; and 31 32 WHEREAS, the Monument will detail how the F-14 Tomcat was deployed 33 worldwide in thirty-six (36) Navy squadrons and flew from U.S. aircraft carriers from 34 1974 through 2006; and 35 36 WHEREAS, the Monument will be constructed of a three inch powder-coated 37 tubular steel frame covered by four laser-etched black granite panels; and 38 39 WHEREAS, the Monument is similar in design to the existing Naval Aviation 40 Monument; and 41 42 WHEREAS, an agreement has been proposed between the City, the F-14 43 Association, and HRANA to provide for the construction, dedication, and maintenance 44 of the Monument ("Agreement"); and 45 46 WHEREAS, under the terms of the Agreement, the F-14 Association will pay, at 47 its sole cost and expense, to design and construct the Monument and HRANA, at its 48 sole cost and expense, will be responsible for maintenance and capital repairs to the 49 Monument; and 50 51 WHEREAS, under the terms of the Agreement, the City will remove 52 approximately five square feet of existing pavers at the Premises prior to installation of 53 the Monument; and 54 55 WHEREAS, the Agreement provides for the dedication of the Monument after 56 completion and written acceptance by the City; and 57 58 WHEREAS, at that time, the Monument shall be the sole property of the City; and 59 60 WHEREAS, the Virginia Beach Arts and Humanities Commission has endorsed 61 the Monument. 62 63 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 64 VIRGINIA BEACH, VIRGINIA, THAT: 65 66 1. The City Manager is hereby authorized to execute an Agreement between the 67 City, the F-14 Association, and HRANA for the construction, dedication and 68 maintenance of the Monument to be installed at 25th Street and the Boardwalk. 69 70 2. The City Manager is hereby authorized to accept, in writing, the Monument upon 71 final completion and dedication of the Monument. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: p men I Rural Affairs City Attorney's Office CA14994 R-2 April 29, 2020 +a-s S) 44-d_ r`! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $258,000 in the Police Federal & State Seized Assets Special Revenue Fund for Police Equipment and Training MEETING DATE: May 19, 2020 • Background: The Virginia Beach Police Department requests the use of $258,000 from the Police Federal & State Seized Assets Special Revenue Fund to purchase the following items that have not been funded through the Virginia Beach Police Department's FY 2019-20 Operating Budget: • Special Investigations Undercover Vehicles - $100,000. Funding for the vehicles will be used to purchase between four and six non-marked replacement vehicles for investigative personnel. The precise amount will be dependent upon available inventory and prices. • Wrap Restraint Systems - $15,200. The restraint systems provide officers with a safer alternative for both officers and arrestees than handcuffs to restrain violent subjects. • Weapon lights - $71,050. The weapon lights will outfit all officers with a weapon- mounted light system to improve proficiency in low-light situations. • Taser Training Cartridges - $66,000. Taser cartridges will be used by the Professional Development and Training Unit for both re-certification and new academy courses. • Police training - $5,750. The training portion will allow officers to attend four training opportunities: the Police Society for Problem-Based Learning Conference, Taser Master Instructor School, the Commission on Accreditation for Law Enforcement Agencies' (CALEA) Virginia Association of CALEA Accredited Professionals Conference, and Drug Enforcement Agency's Operation Pipeline training. • Considerations: According to the United States Department of Justice, seized asset funds are to be used to provide law enforcement agencies monetary resources to assist in accomplishing their mission but cannot be used to supplant local funding. Rather, seized asset resources must be above and beyond City funding. As the Police Department does not estimate revenue nor budget within this fund, any revenues must be appropriated for use in the Department's Operating Budget. This action estimates actual revenue that has been collected during FY 2019-20 and provides the corresponding appropriation authority for the purposes listed above. This item was originally part of the agenda for the City Council's March 17, 2020 formal meeting, but that meeting was cancelled due to the Governor's COVID-19 Pandemic state of emergency declaration on March 12, 2020. The Police Department has requested that this matter be withdrawn. It will be resubmitted for the City Council's consideration in the next fiscal year. • Public Information: Normal Council Agenda process. • Recommendation: Withdrawn • Attachments: Ordinance Recommended Action: Withdrawn Submitting Department/Agency: Police Department l City Manager: `GlL 1 AN ORDINANCE TO APPROPRIATE $258,000 IN THE 2 POLICE FEDERAL & STATE SEIZED ASSETS SPECIAL 3 REVENUE FUND FOR POLICE EQUIPMENT AND 4 TRAINING 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $258,000 is hereby appropriated, with revenues estimated accordingly, in the 10 Police Federal & State Seized Assets Special Revenue Fund within the FY 2019-20 11 Operating Budget for the purchase equipment and training by and for the Police 12 Department. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2020. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services ty Attorney's Office CA15024 R-1 March 4,2020 „ NLA E CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $58,000 from the Virginia Department of Emergency Management to the FY 2019-20 Operating Budget of the Office of Emergency Management MEETING DATE: May 19, 2020 • Background: The City, through the Office of Emergency Management, was awarded $58,000 in funding from the Virginia Department of Emergency Management (VDEM) from the FY 2019 State Homeland Security Program. The Office of Emergency Management was awarded these funds in order to conduct a regional Hazard Identification and Risk Assessment. • Considerations: This grant will be used to hire an outside consultant that will conduct a Hazard Identification and Risk Assessment for Chesapeake, Norfolk, Portsmouth, and Virginia Beach. The consultant will engage the participating localities in a collaborative process to create and validate a risk tool, develop hazard scenarios to guide consequence analysis, develop a community survey on hazards, review and validate consequence analysis results, and develop a final report that summarizes the process and findings. The performance period for this grant is October 1 , 2019 — June 30, 2021 . This item was originally part of the agenda for the City Council's March 17, 2020 formal meeting, but that meeting was cancelled due to the Governor's COVID-19 Pandemic state of emergency declaration on March 12, 2020. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of Emergency Management City Manager: /i24 L, 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $58,000 2 FROM THE VIRGINIA DEPARTMENT OF EMERGENCY 3 MANAGEMENT TO THE FY 2019-20 OPERATING BUDGET 4 OF THE OFFICE OF EMERGENCY MANAGEMENT 5 6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $58,000 from the Virginia Department of Emergency Management is hereby 10 accepted and appropriated, with federal revenues increased accordingly, to the FY 2019- 11 20 Operating Budget of the Office of Emergency Management to conduct a Hazard 12 Identification and Risk Assessment. Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City Attor ey s Office CA15026 R-1 March 4, 2020 cr.�� Bpq��His� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $201,556 From the Federal Emergency Management Agency to Support the Costs Related to Mobilizing Virginia Task Force 2 Urban Search and Rescue Team Members to Puerto Rico to Assist Areas Impacted by Multiple Earthquakes MEETING DATE: May 19, 2019 • Background: The Virginia Task Force 2 Urban Search and Rescue Team sponsored by the City of Virginia Beach received activation orders to assist with earthquake response activities in Puerto Rico. A nine-person Incident Support Team was sent to respond to the event. • Considerations: Upon activation FEMA provides funding to reimburse sponsoring agencies for equipment, supplies and personnel costs incurred while supporting the event. As the sponsoring agency, the Virginia Beach Fire Department is responsible for the administrative and fiscal management of the team and its assets. Consistent with previous deployments, FEMA authorized the reimbursement of all eligible expenses related to these activation orders. Total reimbursement authorized is $201,556. • Public Information: Public information will be coordinated through the normal agenda process • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $201,556 FROM THE FEDERAL EMERGENCY 3 MANAGEMENT AGENCY TO SUPPORT THE COSTS 4 RELATED TO MOBILIZING VIRGINIA TASK FORCE 2 5 URBAN SEARCH AND RESCUE TEAM MEMBERS TO 6 PUERTO RICO TO ASSIST AREAS IMPACTED BY 7 MULTIPLE EARTHQUAKES 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. 10 VIRGINIA. THAT: 11 12 $201,556 is hereby accepted from the U.S. Department of Homeland Security 13 Federal Emergency Management Agency and appropriated; with federal revenue 14 increased accordingly, to the FY 2019-20 Operating Budget of the Fire Department for 15 the reimbursement of costs related to the deployment of members of the Virginia Task 16 Force 2 Urban Search and Rescue Team to Puerto Rico to assist areas impacted by 17 multiple earthquakes. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2020. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services s Office CA15062 R-1 May 5, 2020 Oy�H'^�c f0 y IS ' Zl � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $177,466 from the General Fund Reserve for Contingencies to the FY 2019-20 Operating Budget of the Department of Public Health MEETING DATE: May 19, 2020 • Background: Consistent with the City's budgeting for the Department of Public Health, the City splits the costs of this office with the City paying 45% and the Commonwealth paying 55%. This funding split is memorialized in a local government agreement between the City and the Commonwealth. If the City does not participate in the collaboration with the Commonwealth, the City could establish an independent local health department, but such an independent health department would require the City to bear all the costs. Accordingly, the City's FY 2019-20 funding of the Department of Public Health provided $2,585,370 based on the FY 2018-19 local government agreement using the 45%/55% cost split. On February 21 st, the Department of Public Health provided the City with the updated requirement for FY 2019-20, which is $2,762,836. This is an increase of $177,466 and requires a transfer to meet the City's 45% obligation. • Considerations: The funding of this request is consistent with the City's funding approach to the Department of Health. If this transfer of $177,466 is approved, the remaining balance of the General Fund Reserve for Contingencies will be $442,274. This item was originally part of the agenda for the City Council's March 17, 2020 formal meeting, but that meeting was cancelled due to the Governor's COVID-19 Pandemic state of emergency declaration on March 12, 2020. • Public Information: Normal agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Health Department City Manager: //Wt.. 1 AN ORDINANCE TO TRANSFER $177,466 FROM THE 2 GENERAL FUND RESERVE FOR CONTINGENCIES 3 TO THE FY 2019-20 OPERATING BUDGET OF THE 4 DEPARTMENT OF PUBLIC HEALTH 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $177,466 is hereby transferred from the General Fund Reserve for Contingencies 10 to the Health Department's FY 2019-20 Operating Budget to fulfill the FY 2019-20 11 Department of Health local match of 45%, which is memorialized in a local government 12 agreement between the City and the Commonwealth. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: (4 4_ K ) udget & Management Services Ci yorrr 's Office CA15025 R-1 March 4, 2020 NUS 1 z f" yr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds from the General Fund Reserve for Contingencies to Voter Registration and Elections for the June 2020 Primary Election MEETING DATE: May 19, 2020 • Background: A Primary Election has been ordered for June 23, 2020 in the City of Virginia Beach. This Primary Election was originally scheduled for June 9, 2020; however, to protect citizens from the health threat posed by COVID-19, Governor Northam issued Executive Order 56, postponing the election to June 23, 2020. Virginia requires localities to pay the costs of primary elections. The General Assembly may reimburse such costs, but there is no requirement for such reimbursement. The FY 2019-20 Operating Budget for the Voter Registration & Election's Office did not include funding for this primary election. • Considerations: The estimated cost of the primary election is $373,537. If this transfer is approved by City Council, the remaining balance in the General Fund Regular Reserve for Contingencies will be $196,203. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Voter Registration & Elections City Manager: 1 AN ORDINANCE TO TRANSFER FUNDS FROM THE 2 GENERAL FUND RESERVE FOR CONTINGENCIES 3 TO VOTER REGISTRATION AND ELECTIONS FOR 4 THE JUNE 2020 PRIMARY ELECTION 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $373,537 is hereby transferred from the General Fund Reserve for Contingencies 10 to the FY 2019-20 Operating Budget of Voter Registration and Elections to fund the 11 Primary Election on June 23, 2020. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Man gManagement Services y's Office CA15058 R-1 April 29, 2020 K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************** The Agenda (including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to pmcgraw@vbgov.com or call 385-4303.