HomeMy WebLinkAboutCouncil Actions 02-06-06 ROANOKE CITY COUNCIL
ROANOKE CITY SCHOOL BOARD
FEBRUARY 6, 2006
9:00 A.M.
ROOM 159
AGENDA
Call to Order/Roll Call
City Council
School Board
Welcome and Opening Remarks
Topics for Discussion:
· Presentation of results of the school system's external audit by
representatives of MGT of America.
File #467
REMARKS BY COUNCIL/SCHOOL BOARD.
A communication from Mayor C. Nelson Harris requesting that Council convene in
a Closed Meeting to discuss vacancies on certain authorities, boards, commissions
and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code
of Virginia (1950), as amended.
Approved (7-0)
File #:~:~0-132
THE SCHOOL BOARD MEETING WAS ADJOURNED.
A communication from Council Member Alfred T. Dowe, Jr., Chair, City Council
Personnel Committee, requesting that Council convene in a Closed Meeting to
discuss the mid-year performance of two Council-Appointed Officers, pursuant to
Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended.
Approved (7-0)
File #132
A communication from the City Manager requesting that Council convene in a
Closed Meeting to discuss the disposition of publicly-owned property, where
discussion in open meeting would adversely affect the bargaining position or
negotiating strategy of the public body, pursuant to Section 2.2-3711(A)(3), Code
of Virginia (1950), as amended.
Approved (7-0)
File #132
A communication from the City Manager requesting that Council convene in a
Closed Meeting to discuss expansion of an existing business where no previous
announcement has been made of the business' interest in expanding its facilities
in the community, pursuant to Section 2.2-3711(A)(5), Code of Virginia (1950), as
amended.
Approved (7-0)
File #132
General topics for discussion by the Mayor and Members of Council. (5 minutes)
Items listed on the 2:00 p.m. Council docket requiring discussion/clarification, and
additions/deletions to the 2:00 p.m. agenda. (15 minutes)
Items for discussion at a meeting of the Roanoke City Council, Roanoke County
Board of Supervisors and Western Virginia Water Authority on Monday, March 6,
2006, at 12:00 p.m.
BRIEFINGS:
· Bridge Program Update - 30 minutes
· Market Study (1:00 p.m.) - 60 minutes
· Tom Lowe, Consultant, Duany Plater-Zyberg and Company (DPZ)
File #42-1 02
THE COUNCIL MET WITH THE ARCHITECTURAL REVIEW BOARD AT 12:00 P. M., IN
ROOM 159, NOEL C. TAYLOR MUNICIPAL BUILDING.
2
2.
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4.
5.
ROANOKE CITY COUNCIL
ARCHITECTURAL REVIEW BOARD
FEBRUARY 6, 2006
CALL TO ORDER.
ROLL CALL:
WELCOME.
12:00 P.M.
ROOM 159
AGENDA
Architectural Review Board
INVOCATION AND LUNCH.
DISCUSSION ITEM:
a. Annual report of the Architectural Review Board. LoraJ. Katz,
Chair.
File #132-249
6. REMARKS BY COUNCIL/ARCHITECTURAL REVIEW BOARD.
THE COUNCIL MEETING WILL BE DECLARED IN RECESS TO BE IMMEDIATELY
RECONVENED FOR A BRIEFING ON THE CITY MARKET STUDY.
Cut/er
37287-020606
ROANOKE CITY COUNCIL
REGULAR SESSION
FEBRUARY 6, 2006
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order--Roll Call. (All Council Members were present.)
The Invocation was delivered by Council Member Sherman P. Lea.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor C. Nelson Harris.
Welcome. Mayor Harris.
NOTICE:
Today's Council meeting will be replayed on Channel 3 on Thursday,
February9, 2006, at 7:00 p.m., and Saturday, February 11, 2006, at
4:00 p.m. Council meetings are offered with closed captioning for the
hearing impaired.
ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY
COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS,
ORDINANCES AND RESOLUTIONS, ETC., ON THE WEDNESDAY PRIOR TO THE
COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF
INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF
ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S
OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH
AVENUE, S. W., OR CALL 853-2541.
THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL
AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO
ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT
WWW.ROANOKEVA.GOV, CLICK ON THE SERVICE ICON, CLICK ON COUNCIL
AGENDAS TO ACCESS THE APPROPRIATE AGENDA AND COUNCIL MEETING.
IF ADOBE ACROBAT IS NOT AVAILABLE, A PROMPT WILL APPEAR TO
DOWNLOAD PRIOR TO VIEWING AGENDA INFORMATION.
ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED TO
REGISTER WITH THE STAFF ASSISTANT WHO IS LOCATED AT THE ENTRANCE
TO THE COUNCIL CHAMBER. ON THE SAME AGENDA ITEM, ONE TO FOUR
SPEAKERS WILL BE ALLO'I-I'ED FIVE MINUTES EACH, HOWEVER, IF THERE ARE
MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLO'I-I'ED THREE
MINUTES.
ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL
APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMI'i-I'EE IS
REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR
ACCESS THE CITY'S HOMEPAGE AT WWW. ROANOKEVA.GOV, TO OBTAIN AN
APPLICATION.
2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
Recognition of Middle School Students from Wonju, Korea, Roanoke's Sister
City.
File #80-327
3. CONSENT AGENDA
C-1
C-2
Approved (7-0)
ALL MA'iq'ERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO
BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY
ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF
DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA .AND CONSIDERED SEPARATELY.
Minutes of the regular meetings of Council held on Monday,
November 21, 2005, Monday, December 5., 2005, and Monday,
December 19, 2005.
RECOMMENDED ACTION: Dispense with the reading of the
minutes and approve as recorded.
A communication from the Architectural Review Board transmitting the
2005 Annual Report.
RECOMMENDED ACTION: Receive and file.
File #109-249
C-3
A communication from the Roanoke Neighborhood
transmitting the 2005 Annual Report.
RECOMMENDED ACTION: Receive and file.
File #109-488
Advocates
C-4
C-5
A communication from Tommy Wood tendering his resignation as a
member of the Towing Advisory Board.
RECOMMENDED ACTION: Accept the resignation and receive
File #110-543 and file the communication.
A communication from the City Manager requesting that Council
schedule a public hearing for Tuesday, February 21,2006, at 7:00 p.m., or
as soon thereafter as the matter may be heard, with regard to execution ora
lease with Juan E. Garcia, d/b/a Paradiso Cuban Restaurant, for space
located in the City Market Building.
RECOMMENDED ACTION: Concur in the request.
File #42-373
6
C-6
C-7
C-8
A communication from the City Manager requesting that Council schedule a
public hearing for Tuesday, February 21, 2006, at 7:00 p.m., or as soon
thereafter as the matter may be heard, in connection with execution of an
amendment to the lease with the YMCA of Roanoke Valley, Inc., for
additional space to provide interim parking located on Luck Avenue.
RECOMMENDED ACTION: Concur in the request.
File #1 00-373
A communication from the City Manager requesting concurrence in the
appointment of Michael Guzo as Coordinator of Emergency Management,
effective February 1,2006.
RECOMMENDED ACTION: Concur in the request.
File #1 84-1 88
Qualification of the following persons:
Cheri W. Hartman as a member of the Human Services
Advisory Board, for a term ending November 30, 2009;
Carol J. Jensen as a member of the Roanoke Neighborhood
Advocates, to fill the unexpired term of Earnest C. Wilson,
ending June 30, 2007; and
Joseph F. Miller as a member of the Board of Zoning Appeals,
for a term ending December 31,2008.
RECOMMENDED ACTION: Receive and file.
File #1 5-51-72-11 0-31 8-488
REGULAR AGENDA
4. PUBLIC HEARINGS:
Proposal to lease City-owned property located at 32 Market Square to
Louis and Anita Wilson, d/b/a Burger in the Square, to be used as a
food service establishment, for a term of three years, commencing
March 1,2006. Darlene L. Burcham, City Manager.
Adopted Ordinance No. 37287-020606. (7-0)
File #42-166-373
Proposal to lease City-owned property located at 32 Market Square to
Adel Eltawansy, d/b/a Zorba's, to be used as a food service
establishment, for aterm of three years, commencing March 1,2006.
Darlene L. Burcham, City Manager.
Adopted Ordinance No. 37288-020606. (7-0)
File #42-166-373
Proposal to lease City-owned property located at 32 Market Square to
David Z. Estrada, d/b/a Chico's Big Lick Pizza, to be used as a food
service establishment, for a term of three years, commencing
March 1,2006. Darlene L. Burcham, City .Manager.
Adopted Ordinance No. 37289-020606. (7-0)
File #42-166-373
Proposal to lease City-owned property located at 32 Market Square to
Georgia Raines Crump, d/b/a Nuts N Sweet Things/LicketySplit, to be
used as a food service establishment, for a term of three years,
commencing March 1,2006. Darlene L. Burcham, City Manager.
Adopted Ordinance No. 37290-020606. (7-0)
File #42-166-373
Proposal to lease approximately 7.41 acres of City-owned propertY
located northwest of the former City Nursing Home at Coyner Springs
to Ned Jeter for agricultural use, for a term of one-year, with an
option for four one-year renewals. Darlene L. Burcham, City Manager.
Adopted Ordinance No. 37291-020606. (7-0)
File #42-166-373
5. PETITIONS AND COMMUNICATIONS:
A request of Total Action Against Poverty to address Council with
regard to the Terrace Apartments. TheodoreJ. Edlich, III, President,
Spokesperson. (Sponsored by Mayor C. Nelson Harris and Council
Member Sherman P. Lea.)
A request of Total Action Against Poverty that the City's
support a Iow income tax credit application to renovate the
Terrace Apartments and to provide financial support from
the City's allocation of.. HUD funds, in the amount of
$500,000.00 over a period of four years, was referred to
the City Manager for report.
File #178-226
(Council Member Wishneff left the meeting.)
6. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS: NONE.
The City Manager introduced Stuart Mease, Special ProJects
Coordinator, Economic Development. She advised that his
primary responsibility will be to attract and retain young
people to the Roanoke area and to serve as liaison between
City of Roanoke businesses and area institutions of higher
education.
File #184-450
ITEMS RECOMMENDED FOR ACTION:
Acceptance of a Virginia Department of Fire Programs Mini-
Grant, in the amount of $7,500.00; and appropriation of funds.
Adopted Budget Ordinance No. 37292-020606 and
Resolution No. 37293-020606. (6-0)
File #60-70-236
Acceptance of a Rescue Squad Assistance Fund Grant from the
Virginia Department of Health, Office of Emergency Medical
Services; and appropriation of funds.
Adopted Budget Ordinance No. 37294-020606 and
Resolution No. 37295-020606. (6-0)
File #60-70-188-236
Amendment of the 2005-2010 Co'nsolidated Plan Annual
Update to include the World Changers Project, and to revise the
Belmont Community Healthcare Center Project; and execution
of a CDBG Subgrant Agreement ~vith Blue Ridge Housing
Development Corporation, Inc.
Adopted Budget Ordinance No. 37296-020606 and
Resolution No. 37297-020606. (6-0)
File #60-178-236
Amendment of Ordinance No. 37047-051005 adopted on
May 10, 2005, to include an annual salary increment for
personal vehicle use for the positions of Director of Planning
Building and Economic Development and Special Projects
Coordinator.
Adopted Ordinance No. 37298-020606. (6-0)
File #184-200-450
Appropriation of $144,808.00 in additional E-91 I funding for
fiscal year 2005-2006 to upgrade system hardware and
software.
Adopted Budget Ordinance No. 37299-020606. (6-0)
File #60-188
Authorization to participate in the Verizon Hopeline Program, a
nation-wide program to support domestic violence victims.
Adopted Resolution No. 37300-020606. (6-0)
File #5
]0
Transfer of funds in connection with the case of Wa/ter$.
C/a?tor, et. aL v. Roanoke Redeve/oprnent and Hous/n~7
Author/ty, and to address an increase in cost for motor fuel for
fiscal year 2005.
Adopted Budget Ordinance No. 37301-020606. (6-0)
File #60-178-361
b. CITY ATTORNEY:
Adoption of a resolution expressing the City's intent to
participate in a regional effort to develop a regional water
supply plan in accordance with Virginia's local and regional
water supply planning regulations.
Adopted Resolution No. 37302-020606. (6-0)
File #378-468
c. DIRECTOR OF FINANCE:
Financial report for the month of December, 2005.
Received and filed.
File #1 0
7. REPORTS OF COMMITTEES: NONE.
8. UNFINISHED BUSINESS: NONE.
9. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS: NONE.
10. MOTIONS AND MISCELLANEOUS BUSINESS:
Inquiries and/or comments by the Mayor and Members of City
Council.
Council Member Cutler commended the efforts of VDOT to
beautify 1-581 through various types of plantings.
File #77
1!
Council Member Dowe congratulated the Roanoke Chapter
of the Southern Christian Leadership Conference and the
Roanoke Chapter of the NAACP on the success of their
annual banquets. He advised that he attended an activity
at William Fleming High School in which the No. 1 football
jersey worn by John St. Clair, who currently, plays
professional football for the Chicago. Bears, was retired.
File #388-467
Vice-Mayor Fitzpatrick commended Robert K. Bengtson,
Director, Public Works, and Kenneth H. King, Manager,
Division of Transportation, and their staff for collecting the
last cycle of leaves in the City of Roanoke.
File #183
Vice-Mayor Fitzpatrick requested that allocation of space
for the 'q'o The Rescue Exhibit", which was previously
located at Tanglewood Mall, be referred to .the _C. ity
Manager for report. He asked that specific consideration
be given to housing the exhibit at the No. 1 Fire House.
File #70
Council Member Lea advised of the appointment of the
City's Domestic Violence Task Force. He noted that the
first meetin.g will be held on February 17, .2006, at
10:30 a.m., ~n the Police Department Community Room,
348 Campbell Avenue, S. W., and expressed appreciation to
Assistant City Manager for Community Development,
Rolanda Russell, for her assistance in establishing the task
force.
File #5
Council Member McDaniel called attention to a series of
workshops that will be held at the Roanoke Public Library
with regard to navigating the Internet.
File #323
Vacancies on certain authorities, boards, commissions and
committees appointed by Council.
Richard B. Sarver was appointed as a member of the Board
of Fire Appeals to fill the unexpired term of Bobby
Lavender, ending June 30, 2008.
File #15-70-110
Sherman V. Burroughs, IV, was reappointed as a member of
the Fair Housing Board for a term ending March 31,2009.
File #15-110-178
1 1. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD.
MA'I-fERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED
IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO
COUNCIL.
Mr. Robert Craig, 701 12th Street, S. W., addressed various City
concerns.
File #66
Mr. John E. Kepley, 2909 Morrison Avenue, S. E., spoke with
regard to the renovation of Victory Stadium and issues relating
to Carilion Health System.
File #66-122
Ms. Zoe Stennett, 3531 Peters Creek Road, N. W., spoke in
support of Roanoke's public safety employees.
File #5-70
Mr. Jim Fields, 1 7 Ridgecrest Road, Hardy, Virginia, spoke with
regard to the renovation of Victory Stadium.
File #122
13
Mr. Chris Craft, 1501 East Gate Avenue, N. E., spoke with regard
to School Board appointments, lack of parking at the Roanoke
Civic Center, and Victory Stadium.
File #66-122-192-467
Mr. Robert E. Gravely, 729 27th Street, N. W., spoke with regard
to the need to attract more young people tO the Roanoke Valley,
needed improvements to downtown Roanoke, the City's aging
infrastructure, and renovation of Victory Stadium.
File #66-122
12. CITY MANAGER COMMENTS:
THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL 7:00 P.M., IN THE CITY
COUNCIL CHAMBER FOR A JOINT MEETING OF COUNCIL AND THE CITY PLANNING
COMMISSION.
14
ROANOKE CITY COUNCIL
ROANOKE CITY PLANNING COMMISSION
FEBRUARY 6, 2006
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order -- Roll Call.
City Council
City Planning Commission
The Invocation was delivered by Vice-Mayor Beverly T. Fitzpatrick, Jr.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor C. Nelson Harris.
Welcome. Mayor Harris.
NOTICE:
Tonight's meeting will be replayed on Channel 3 on Thursday,
February9, 2006, at 7:00 p.m., and Saturday, February 11, 2006, at
4:00 p.m. Council meetings are offered with closed captioning for the
hearing impaired.
A. PUBLIC HEARINGS:
Joint public hearing of the City Council and the City Planning
Commission to consider the Second Amended Petition to Amend
Proffered Condition, filed by the City of Roanoke on December 23,
2005, for property located at 2102 Grandin Road, S. W., Official Tax
No. 1460101, said amendment of proffers dealing with the
construction and operation of a school sports stadium, practice fields,
and tennis courts at Patrick Henry High School. R. Brian Townsend,
Agent, City Planning Commission.
Adopted Ordinance No. 37303-020606. (S-2, Council
Members Lea and Wishneff voting no.)
File #51
THE CITY PLANNING COMMISSION MEETING WAS ADJOURNED.
CERTIFICATION OF CLOSED SESSION. (6-0, Council Member Wishneff abstained
from voting.)
THE CITY COUNCIL MEETING WAS DECLARED IN RECESS UNTIL TUESDAY,
FEBRUARY 14, 2006, AT 12:00 P. M., AT THE ROANOKE COUNTY
ADMINISTRATION BUILDING, 5204 BERNARD DRIVE, S. W., 4TM FLOOR TRAINING
ROOM, FOR A MEETING OF THE ROANOKE CITY COUNCIL, THE ROANOKE COUNTY
BOARD OF SUPERVISORS AND THE ROANOKE VALLEY RESOURCE AUTHORITY.
C. NELSON HARRIS
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S.W., ROOM 452
ROANOKE, VIRGINIA 24011 - 1594
TELEPHONE: (540) 853 2444
FAX: 15401853-1/45
February 6, 2006
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
This is to request a Closed Meeting to discuss vacancies on certain authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1),
Code of Virginia (1950), as amended.
Sincerely,
C. Nelson Harris
Mayor
CNH:snh
C. NELSON HARRIS
Mayor
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.W.
Noel C. Taylor Municipal Building, Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
F~x: (540) 853-1145
February 6, 2006
Council Members:
M. Rupert Cutler
Alfred T. Dowe, Jr.
Beverly T. Fitzpatrick, Jr.
Sherman P. Lea
Brenda L. McDaniel
Brian J. Wishneff
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Harris and Members of Council:
I wish to request a Closed Meeting to discuss the performance of two Council-Appointed
Officers, pursuant to Section 2.2-3711 (A)(1), qrginia (1950), as amended.
A_ If red"~Dov~e,'-'~r., Chair
City Count, Committee
ersonnel
ATD:snh
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
February 6,2006
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Subject: Request for closed meeting
Dear Mayor Harris and Council Members:
This is to request that City Council convene aclosed meeting to discuss the
disposition of publicly-owned property, where discussion in open meeting would
adversely affect the bargaining position or negotiating strategy of the public body,
pursuant to §2.2-3711.A.3, Code of Virginia (1950), as amended.
Sincerely,
Darlene L. Bu)rcham
City Manager
DLB/s
C:
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mary F. Parker, City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
February 6, 2006
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Subject: Request for closed meeting
Dear Mayor Harris and Council Members:
This is to request that City Council convene aclosed meeting to discuss the
expansion of an existing business where no previous announcement has been
made of the business' interest in expanding its facilities in the community,
pursuant to §2.2-3711.A.5, Code of Virginia (1950), as amended.
Sincerely,
Darlene L. Bu~cham
City Manager
DLB:s
CC:
William M. Hackworth, City Attorney
Jesse Hall, Director of Finance
Mary F. Parker, City Clerk
Recognition of Visiting Middle School Students from Wonju
at Roanoke City Council Meeting
February 6th, 2006, 2 p.m.
Roanoke City and Wonju, South Korea celebrate the 42na Anniversary of our Sister Cities
relationship this year. 2006 also marks the 3rd opportunity students from our respective
communities have had to experience a cultural and educational exchange.
Currently, nine middle school youths from Wonju are being welcomed into Roanoke
homes. Host families with children of complimentary ages are providing unique
...... th
opportumnes for personal enrichment dunng a three-week v~s~t here from January 20 to
February 12th.
Most school day mornings, classes am held in conversational English, natural science,
American History and Government and in relevant topics preceding field trips for each
day to educational area attractions. Some days, these young "International Ambassadors"
simply shadow local students as they attend classes and experience typical teenage life in
the United States. Ski trips and an escorted three day excursion to Washington, DC
further their immersion into American Life.
Sister Cities International, our parent organization is celebrating 50 years of Citizen
Diplomacy (1956-2006). President Dwight Eisenhower inspired people throughout the
world to "promote peace through mutual respect, understanding and cooperation - one
individual, one community at a time." Here in Roanoke, we are advancing that worthy
concept through our support of the seven Roanoke Valley Sister Cities and by welcoming
this delegation to our meeting today.
Dr. Bob Roth, President of Roanoke Valley Sister Cities, David Lisk, Executive
Director, and Dr. Jennifer Mulligan are helping coordinate this year's visit. They are
accompanying our international visitors today.
Now, I want to present to you Wonju's Youth Ambassadors and their chaperone for the
purpose of introduction and recognition of the long-term friendship between our great
cities.
Chaperone: Mrs. SONG, Yeon Hee
Students: (male)
JANG, Hyan Woo
JUNG, Mok In
KANG, Sung Tak
LEE, Hang
LEE, Gil Hyun
LEE, Su Ji
PARK, Sung Bae
Students: (female)
LEE, Sol Gi
YANG, Ji Won
NOTICE: The minutes referred to in this agenda are set out in a
separate file due to the volume of pages involved.
Architectural Review Board
Board of Zoning Appeals
Planning Commission
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-maih planning @ ci.roanoke.va.us
February 6, 2006
Honorable C. Nelson Harris, Mayor
Honorable Beverly T. Fitzpatrick, Jr., Vice-Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Brenda L. McDaniel, Council Member
Honorable Sherman Lea, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject:
2005 Annual Report
Architectural Review Board
I am pleased to provide City Council with the following information on the
Board's accomplishments and attendance last year.
Last year the Board met ] 2 times to consider 64 requests for Certificates
of Appropriateness. Of these 64 requests, 54 were approved, five were
denied, three were withdrawn, and two were continued. Of the five that
were denied, two applicants appealed to City Council; one appeal was
withdrawn and the other is pending. Sixteen items were located in the
downtown H-1 District, while 48 were in the residential H-2 District. This
is a 31% increase in activity from 2004. In addition, staff approved 52
Administrative Certificates of Appropriateness.
Major ARB activities during 2005:
As a Certified Local Government (CLG) with the Department of
Historic Resources (DHR), the City of Roanoke had direct support
from the state and federal governments with grant money for
historic preservation studies and for ARB training.
]. Worked in coordination with DHR for the nomination of
the Gainsboro Historic District to the National Register of
Historic Places.
2. Staff and the Co-Chair received training through the
National Alliance of Preservation Commissions. These
workshops train local historic preservation commissioners
and staff in community revitalization methods.
3. Review and approve National Register nominations for the
City of Roanoke.
Continued the annual ARB Recognition Program for
rehabilitation/design awards for City Council during National
Historic Preservation Week. Four awards were given in May for
exemplary projects undertaken in the H-1 and H-2 districts.
Continued annual spring mailings to all property owners in the
historic districts and contractors in the Roanoke Valley to increase
awareness of the historic districts. The Department of Real Estate
Valuation also sends notices to all new property owners in the
historic districts.
Continued the Design Assistance Review Committee comprised of
two ARB members to review applications prior to the Board
meetings. Two members and staff attend the monthly meetings,
and notify the applicants of preliminary recommendations.
· Continued annual in-house ARB workshops to improve the
application process and Board meetings.
The Board's current initiatives:
Review and update the H-2 Architectural Design Guidelines to
incorporate information on new materials that were not available
when the 1995 guidelines were written, delete out-dated
information or materials, and to comply with new zoning
restrictions from the recent adoption of the zoning ordinance.
A roster of meeting attendance, the status of Board members, and a list
of Certificates of Appropriateness are attached for your information.
CC:
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Mary F. Parker, City Clerk
R. Brian Townsend, Director, Planning Building and Development
Anne S. Beckett, Agent, Architectural Review Board
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ROANOKE
ROANOKE NEIGHBORHOOD ADVOCATES
Noel C, Taylor Municipal Building
215 Church Avenue, SW, Room 162
Roanoke, Virginia 24011
Phone; 540-853-5210
Fax: 540-853-6597
Email: neighborhoods@roanokegov.com
Members:
Sandra B. Kelly
Chair
Christy Williams
Vice-Chair
Cheryl D. Ramsey
Secretary
Shirley Bethel
Maureen P. Castern
Bob Caudle
John Griessmayer
Kathy Hill
Carol J. Jensen
Robin Murphy-Kelso
Clovis Rogers
February 1, 2006
Dear Mayor Harris and Members of City Council:
M the June 16, 2003, meeting of the Roanoke City Council, Resolution No.
36397-061603 was adopted authorizing reconstitution of the Roanoke
Neighborhood Partnership Steering Committee as the Roanoke Neighborhood
Advocates.
The measure provided that the Roanoke Neighborhood Advocates oversee the
preparation of an annual State of the Neighborhoods report that meets the
requirements of Action NH Al0 and A11 of the City of Roanoke's Vision 2001-
2020 Comprehensive Plan.
With the concurrence of Council, the Roanoke Neighborhood Advocates 2005
State of the Neighborhoods report is attached for your consideration.
Roanoke Neighborhood Advocates
ROANOKE NEIGI~RORHOOD ADVOCATES
2005 State of Neighborhoods Report to City Council
The Roanoke Neighborhood Advocates Committee, established in August 2003
by Roanoke City Council, moved rapidly forward during the 2004-2005 period to better
define ways in which it can meet its assigned mission. That mission, stated simply, is to
improve communication between government and neighborhoods and to help improve
neighborhoods.
Following is a summary of our year.
1. ACCOMPLISHMENTS:
Code Enforcement Priority
RNA chose Code Enforcement as its priority issue a year ago after polling
neighborhood organizations. This year, we made progress on getting better Code
Enforcement. Member Shirley Bethel, who is spearheading this effort, worked with the
City Commonwealth's Attorney's office to put together a workshop on how a successful
Code Enforcement works using speakers from the City of Norfolk.
The RNA handled reservations for the workshop, which drew representation from
most city departments. The workshop was opened to neighboring governments and three
sent representatives.
RNA and the Presidents' Council, which represents neighborhood organization
leaders, have since voted to support a similar program for the City of Roanoke and will
be active in those efforts to make this happen.
Improved Communications on Zoning Issues
Put in place a system whereby each RNA member receives copies of Board of
Zoning requests that affect the neighborhoods that member is assigned as the contact; this
means the RNA member can make certain the neighborhood residents are aware
Expanded Efforts to Encourage Citizen Communication
Two RNA members are working with the member councils at the Roanoke
Redevelopment and Housing Authority sites to encourage public housing members to
become involved with the neighborhood organizations in their area.
The RNA representatives have met with the member councils, and RNA has
voted to occasionally take its meeting to the member council sites in 2006 to further
encourage the public housing residents to become involved in the community at large.
Education of Committee Members
RNA members have been present at most major issue gatherings in the past year,
from discussions about housing and retail development in South Roanoke and Southern
Hills, proposed use for land near the Roanoke Regional Airport, to presentations on
proposals for school stadiums and plans for a Social Security office in Gainsboro. All
have proved educational and allowed RlXJA tO havo a better understanding of the
communication challenges facing government and neighborhoods.
RNA also had three members at a statewide neighborhood conference, enabling
the group to have more insight into programs in other communities. A member who
helped recruit youth for the state meeting is searching for ways to get young people more
involved with neighborhood groups.
The addition of two new members who are long-time neighborhood activists and
another new member who lives downtown and can bring the downtown resident's
viewpoint to the group further strengthens the RNA.
RNA members have reached out to neighborhood groups. This includes
accompanying Housing and Neighborhood Services Coordinator Bob Clement on visits
to several neighborhood groups on National Night Out in an effort to acquaint Crime
Watch members with RNA; attending organizational meetings for new groups, such as
that formed in Countryside, and attending neighborhood meetings.
An RNA member serves on the Galnsboro Steering Committee, and another
continues to maintain contact with NNEO, a development corporation with considerable
land holdings in the CAlmer neighborhood that is trying to redefine its role. RNA
continues to work with this group to encourage it to keep the neighborhood informed of
its development plans.
Oversaw Neighborhood Grants Program
RNA reviewed grant applications and awarded, with city staff, $49,025 in grants
to improve neighborhoods. The following organizations received grants: Hurt Park
Neighborhood Alliance, $2,500 to attend conferences; Loudon-Mekose Neighborhood
Organization Inc., $15,000 for rehabilitation and lead paint abatement and for conference
attendance; Melrose-Rugby Neighborhood Forum Inc., $4,200 to build and install a
neighborhood sign and for several members to attend conferences and another $3,500 to
send a member who serves on the Neighborhoods in the United States (NUSA) board to
the national meetings; Old Southwest Inc., $5,000 for purchase and installation of
automated phone safety watch neighborhood notification system; Wasena Neighborhood
Forum, $7,425 for purchase and planting of trees in Wasena Village Center and
surrounding blocks; Greater Raleigh Court Civic League Inc., $11,400 to rehabilitate the
league-owned community center.
RNA is working with Housing and Neighborhood Services to determine ways to
better share information gleaned at the grant-supported conference trips among
neighborhoods that did not have representatives attending.
Support for Brownfields Grants
RNA worked with Housing and Neighborhood Services to support the
department's grant proposal to EPA in which it seeks funds to assess and possibly clean
up two Brownfield areas. RNA helped set up a meeting between neighborhood services
and leaders from two neighborhoods where the Brownfields are located. RNA and the
neighborhoods wrote letters of support for the proposal.
Contributions to Housing and Neighborhood Services Efforts
RNA members have contributed to the neighborhoods' newsletters, most recently
on the grants program.
RNA members conducted the grant training for neighborhoods and attended the
overall grants information sessions.
An RNA member is overseeing the grants application process working with city
Resource Centers in Library
One of the more exciting projects RNA has been involved in is that of helping
establish neighborhood information centers in three libraries, Gainsboro, Melrose and
Jackson Park.
The effort, still in the design stage, has brought together Housing and
Neighborhood Services, RNA and the Roanoke Public Libraries. The results will be to
make information more available to citizens, both in digital form and in old fashioned
displays.
Planning
RNA is submitting requests for funding through Housing and Neighborhood
Services in the next budget year for workshops and publications that can strengthen
neighborhood groups. One such workshop will provide information for groups that want
to become 501-C 3 organizations.
RNA also plans neighborhood tours in May to show offwhat is being done and to
acquaint residents of all parts of the city.
2. What we need to work on:
Establishing and/or reinforcing neighborhood groups
Efforts to set up a neighborhood organization in the G-ilmer area have not been
successful, but the meetings held for that purpose did allow residents to hear about the
city's new zoning ordinance and hear from Roanoke Redevelopment and Housing about
the changes in a Gateway project there. Without RNA efforts, there would have been no
citizen forum for this information.
Membership
RNA's membership now stands at 11, which means we have two vacancies. The
RNA has never had a full participating membership, but the movement in and out of the
committee has resulted in a strong core group of people dedicated to the committee's
mission. We encourage Council members to tell their acquaintances about the committee.
RNA would like to thank council for the opportunity to work with neighborhoods
and with Housing and Neighborhood Services. RNA members are delighted at the arrival
of Director of Housing and Neighborhood Services Ford Weber, and we continue to
appreciate the city staffthat helps us, especially Coordinator Bob Clement.
Respectfully submitted by Sandra Kelly, Chair, on behalf of all
Members of the Roanoke Neighborhood Advocates
January 17, 2006
C. NELSON HARRIS
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S.W., ROOM 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: {540) 853-2444
FAX: 1540) 853-1145
February 13, 2006
File #110-543
Thomas A. Wood
2020 Mt. View Road
Vinton, Virginia 24179
Dear Mr. Wood:
Your resignation as a member of the Towing Advisory Board was before the
Council of the City of Roanoke at a regular meeting which was held on Monday,
February 6, 2006.
On motion, duly seconded and adopted, the resignation was accepted.
On behalf of the Members of Roanoke City Council, I would like to express
appreciation for your service to the City of Roanoke as a member of the Towing
Advisory Board from October 16, 2000 to February 6, 2006. Please find
enclosed a Certificate of Appreciation and an aerial view photograph of the
Roanoke Valley in recognition of your years of service.
CNH:MFP:ew
Enclosure
pc:
Sincerely,
C. Nelson Harris
Mayor
Mary F. Parker, CMC, City Clerk
Stephanie M. Moon, CMC, Deputy City Clerk
Tommy Wood
2020 Mountain View Road
Vinton~ Va. 24179
Office of City Clerk
215 Church Avenue, S.W. Room 456
Roanoke, Virginia 24011-1536
To whom it may concern,
I Tommy Wood will not be able to serve the rest of my term on the Roanoke City
Towing Advisory Board. Would you please let all interested depadments aware of this
change.
Thank you,
Tommy Wood
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
February 6, 2006
Honorable C. Nelson Harris, Mayor
Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Brenda L. McDaniel, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of Council:
Subject: Request to Schedule a Public
Hearing
Background:
Juan E. Garcia, dba Paradiso Cuban Restaurant, has requested a lease for 190
square feet of space located in the City Market Building at 32 Market Square,
Roanoke, Virginia 24011. The lease term requested is for a three-year period. A
public hearing is required to consider this lease term.
Recommended Action:
Authorize the scheduling and advertising of this matter for a public hearing on
February 21,2006.
Res p~ectfully~s u~/._,: itted,
Darlene L. Bu~fcham
City Manager
DLB:Ipp
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
CM06-00018
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853 2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
February 6, 2006
Honorable C. Nelson Harris, Mayor
Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Brenda L. McDaniel, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: Request to schedule a
Public hearing
Background:
On January 9, 2004 the City entered into a lease with the YMCA of Roanoke
Valley, Inc. to lease certain city properties to the YMCA. The lease provides that
the City will lease to the YMCA, Official Tax Map Nos., 1113408, 1113409,
1113410, 1113411, 1113412,113413 which are located directly north of the
new YMCA facility. In addition, the lease provides that after the city receives
from the YMCA, three additional lots on which the old YMCA is located and
most of its adjoining parking lot (Official Tax Map Nos., 1011206 1011209,
1011210), the City will lease those lots to the YMCA as well.
The YMCA has requested an amendment to this leases so that instead of
leasing Official Tax Map Nos., 1011206, 1011209, 1011210, to the YMCA, the
City would lease Official Tax Map Nos., 1113508, 1113509,
1113510,1113511,1113512,1113513,1113514,1113515, and 1113516 which
are vacant lots located at the corner of 5'h Street and Luck Avenue SW.
The term of the original lease and the requested amendment shall be on a
month-to-month basis until the city constructs a public parking structure in the
West Church Avenue corridor. A public hearing is required as a prerequisite to
Council authorizing the amendment to the lease
Mayor Harris and Members of City Council
February 6, 2006
Page 2
Recommended Action:
Authorize the scheduling and advertising of this matter for a public hearing on
February 21, 2006 at 7:00 pm.
Respectfully submitted,
Darlene L. Bu~cham
City Manager
DLB:djm
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
CM06-00022
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC Stephanie M. Moon, CMC
City Clerk Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
February 13, 2006
File #184-188
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, February 6, 2006, Council concurred in the appointment of Michael Guzo
as Coordinator of Emergency Management, pursuant to §44-146.19.
Mary F. Parker, CMC
City Clerk
MFP:ew
pc:
Jesse A. Hall, Director of Finance
James L. Grigsby, Acting Assistant City Manager for Operations
Paul J. Truntich, Jr., Environmental Administrator
L:\CLERK~DATA\CKEW 1 ~AGENDA CORRESPONDENCE~agenda correspondence 06\Feb 06~Feb 6 06 cerrespondence.doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
February 6, 2006
Honorable C. Nelson Harris, Mayor
Honorable Beverly T Fitzpatrick, Jr., Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Brenda L. McDaniel, Council Member
Honorable Brian J. WishneffCouncil Member
Dear Mayor Harris and Members of City Council:
Subject: Appointment of Coordinator
of Emergency Management
Background:
Section 44-146.19. Code of Virginia (1950) as amended requires Council
concurrence in the appointment of a Coordinator of Emergency Management.
Mr. Michael Guzo, formerly with the North Carolina Department of Emergency
Management has been selected for this position.
Recommended Action:
City Council concur with appointment of Mr. Michael Guzo as Coordinator of
Emergency Management for the City of Roanoke effective February 1, 2006.
Respectfully submitted,
Darlene L. Bu~/cham
City Manager
DLB:pjt
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
James Grigsby, Acting Assistant City Manager for Operations
Paul Truntich, Administrator, Environmental and Emergency Management
CM06-00021
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC Stephanie M. Moon, CMC
City Clerk Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
February 9, 2006
File #110-318
Teresa I. McDaniel, Secretary
Human Services Advisory Board
Roanoke, Virginia
Dear Ms. McDaniel:
This is to advise you that Cheri W. Hartman has qualified as a member of the
Human Services Advisory Board for a term ending November 30, 2009.
Mary F. Parker, CMC
City Clerk
MFP:ew
pc: Stephanie M. Moon, CMC, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Cheri W. Hartman, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the
Commonwealth of Virginia, and that I will faithfully and impartially discharge
and perform all the duties incumbent upon me as a member of the Human
Services Advisory Board, for a term ending November 30, 2009, according to
the best of my ability (So help me God).
Subscribed and sworn to before me this ~ day of ~---~(~ 200ti.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
B~~ V~c~/~ , DEPUTY CLERK
L:\C LERK~DATA\CKEWI~oath and leaving service\Human Services Advisory Board\Cheil W Hartman oath.doc
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon, CMC
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
February 9, 2006
File #15-110-488
Sandra B. Kelly, Vice-Chair
Roanoke Neighborhood Advocates
1216 Sylvan Road, S. E.
Roanoke, Virginia 24014
Dear Ms. Kelly:
This is to advise you that Carol J. Jensen has qualified as a member of the Roanoke
Neighborhood Advocates, to fill the unexpired term of Earnest C. Wilson, ending
June 30, 2007.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
pc:
Robert A. Clement, Jr., Neighborhood Services Coordinator, Neighborhood
Partnership
Stephanie M. Moon, CMC, Deputy City Clerk
ffirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Carol J. JensOn do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the
Commonwealth of Virginia, and that I will faithfully and impartially discharge
and perform all the duties incumbent upon me as a member of the Roanoke
Neighborhood Advocates, to fill the unexpired term of Earnest C. Wilson,
ending June 30, 2007, according to the best of my ability (So help me God).
Subscribed and sworn to before me this/4:;x'~Qday of ~ 2006.
BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT
L:\CLERK\DATA\CKEW1 \oath and leaving service\Roanoke Neighborhood Advocates\Carol J Jenson oath.doc
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon, CMC
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
February 9, 2006
File #15-51-110
Rebecca J. Cockram, Secretary
Board of Zoning Appeals
Roanoke, Virginia
Dear Ms. Cockram:
This is to advise you that Joseph F. Miller has qualified as a member of the Board of
Zoning Appeals, for a term ending December 31, 2008.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
pc: Stephanie M. Moon, CMC, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Joseph F. Miller, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the
Commonwealth of Virginia, and that I will faithfully and impartially discharge
and perform all the duties incumbent upon me as a member of the Board of
Zoning Appeals, for a term commencing January 1, 2006 and ending
December 31, 2008, according to the best of my ability (So help me God).
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
BY'~-'~'-~ ~ ,DEPUTY CLERK
L:\CLERK\DATA\CKEW1 \oath and leaving service~Board of Zoning Appealskloseph F Miller oath 11 05.doc
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC Stephanie M. Moon, CMC
City Clerk Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
February 9, 2006
File #42-:t66-373
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 37287-020606 authorizing execution of a
lease agreement with Louis and Anita Wilson, Owners, Burger in the Square, for the
lease of approximately 462 square feet of space located within City-owned property
known as the City Market Building, 32 Market Square, for a term of three years
beginning March 1, 2006 through February 28, 2009, upon certain terms and
conditions, as more fully set forth in a letter from the City Manager addressed to the
Council under date of February 6, 2006.
The abovereferenced measure was adopted by the Council of'the City of Roanoke at
a regular meeting which was held on Monday, February 6, 2006, and is in full force
and effect upon its passage.
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE,agenda correspondence 06~Feb 06~Feb 6 06 correspondence.doc
Darlene L. Burcham
February 8, 2006
Page 2
pc:
Mr. and Mrs. Louis Wilson, 32 Market Square, S. W., #121, Roanoke, Virginia
240:~:~
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Office of Management and Budget
R. Brian Townsend, Director, Planning Building and Economic Development
Lisa Poindexter-Plaia, Economic Development Specialist
L:\CLERK~DATA~CKEWI~AGENDA CORRESPONDENCE~3genda correspondence 06~Feb 06~Feb 6 06 correspondence.doc
IN THECOUNCILOFTH]ECITYOF ROANOKE, VIRGINIA,
The 6th day of February, 2006.
No. 37287-020606.
ordinance by title is hereby dispensed with.
AN ORDINANCE authorizing the lease of approximately 462 square feet of space located
within City-owned property known as the City Market Building, locaied at 32 Market Square, for a
term of three (3) years beginning March 1, 2006, through February 28, 2009; authorizing the
appropriate City officials to execute a lease agreement therefore; and dispensing with.the second
reading of this ordinance by title.
WHEREAS, a public hearing was held on February 6, 2006, pursuant to § § 15.2-1800(B) and
1813, Code of Virginia (1950), as mended, at which hearing all parties in interest and citizens were
afforded an opportunity to be heard on the proposed lease.
THEREFORE, BE IT ORDAINED bY the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are hereby authorized to execute and attest,
respectively, in a form approved by the City Attorney, an agreement with Louis and Anita Wilson,
owners and operators of Burger in the Square, for the lease of approximately 462 square feet of space
located within City-owned property known as the City Market Building, located at 32 Market
Square, for a term of three (3) years beginning March 1, 2006, through Februa_D, 28, 2009, upon
certain terms and conditions, and as more particularly described in the City Manager's letter to this
Council dated February 6, 2006.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ATTEST: ~'
City Clerk.:
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
February 6, 2006
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
C. Nelson Harris, Mayor
Beverly T. Fitzpatrick, Jr., Vice Mayor
M. Rupert Cutler, Council Member
Alfred T. Dowe, Jr., Council Member
Sherman P. Lea, Council Member
Brenda L. McDaniel, Council Member
Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of Council:
Subject: Market Building Lease
Background:
The City of Roanoke owns the City Market Building located at 32 Market Square,
Roanoke, Virginia 24011. The City of Roanoke began management of the
Building on May 1,2005, after the former management company, Advantis Real
Estate, terminated the management contract for this property.
Louis and Anita Wilson, owners and operators of Burger in the Square, have
requested a lease agreement for approximately 462 square feet to operate a
restaurant serving hamburgers and hotdogs. The proposed lease agreement is
for a three (3) year period, beginning March 1,2006, through February 28,
2009. The proposed agreement establishes a base rent rate of the following:
First Floor Space
Pe'riod Per Square Monthly Rent Annual Rent
Foot Amount Amount
3/1/06 - 8/31/06 $32.26 $467.77 $2,806.62
9/1/06 - 2/28/07 $28.00 $406.00 $2,436.00
3/1/07 - 2/29/08 $28.84 $418.18 $5,018.16
3/1/08 - 2/28/09 $29.71 $430.73 $5,168.70
Honorable Mayor and Members of Council
February 6, 2006
Page 2
Second Floor Space
Perio~ PerSquare Monthly Rent AnnualRent
Foot Amount Amount
3/1/06 - 2/28/07 $10.00 $240.00 $2,880.00
3/1/07 - 2/29/08 $10.30 $247.20 $2,966.40
3/1/08 - 2/28/09 $10.61 $254.62 $3,055.39
The initial two six month periods of the proposed rent for the first floor space
provides a transition from the lease rate in the Mr. and Mrs. Wilson's previously
expired lease into the new per square foot rent structure that has been
identified in the Market Building for food court tenants. The rent for the second
floor space is for secured food prep area used solely by this tenant and is not
part ofthe common area space. The common area maintenance fee is $300.00
per month for the first floor space and $100 per month for the second floor
space that will increase by 3.00% upon each anniversary of this Lease. Burger in
the Square restaurant has been a tenant of the Market Building since June 1,
1999. There is no renewal provision in this lease.
Recommended Action:
Authorize the City Manager to execute a lease agreement with Louis and Anita
Wilson d/b/a Burger in the Square, for approximately 462 square feet in the
City Market Building located at 32 Market Square, Roanoke, Virginia 24011, for
a period of three (3) years, beginning March 1, 2006, and expiring February 28,
2009. All documents shall be upon form approved by the City Attorney.
Respectfully submitted,
DLB:Ipp
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Rolanda Russell, Assistant City Manager
Brian Townsend, Director Planning, Building and Economic Development
David Collins, Assistant City Attorney
Lisa Poindexter-Plaia, Economic Development Specialist
CM06-00015
LEASE
Between
THE CITY OF ROANOKE
and
Louis and Anita Wilson d/b/a Burger in the Square
LEASE
INDEX
HEADING
PREMISES
TERM
BASE RENT; ESCALATIONS
COMMON AREA MAINTENANCE
LANDLORD OBLIGATIONS
TENANT'S OBLIGATIONS
USE OF PREMISES
EXCLUSIVITY
ASSIGNMENT AND SUBLETTING
IMPROVEMENTS
SURRENDER OF PREMISES
INSPECTION
INSOLVENCY OR BANKRUPTCY OF TENANT
TRANSFER OF LANDLORD'S INTEREST
ESTOPPEL CERTIFICATE
DAMAGE TO THE PREMISES
DEFAULT OF TENANT
CONDEMNATION
COVENANTS OF LANDLORD
NO PARTNERSHIP
BROKERS COMMISSION
NOTICES
HOLDING OVER
BENEFIT AND BURDEN
GENDER AND NUMBER
ENTIRE AGREEMENT
K:\LEASING\2006 DOCUMENTS\BURGER IN THE SQUARE LEASE.DOC
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INVALIDITY OF PARTICULAR PROVISIONS
HAZARDOUS SUBSTANCES
INSURANCE
SECURITY DEPOSIT
INDEMNIFICATION
COMPLIANCE WITH LAWS AND REGULATIONS
FORUM SELECTION AND CHOICE OF LAW
FORCE MAJEURE
EQUAL EMPLOYMENT OPPORTUNITY
DRUG-FREE WORKPLACE
RULES AND REGULATIONS
SIGNAGE
GUARANTY
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Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Floor Plan
Common Area Floor Plan
Menu
Rules and Regulations
Sign Regulations
Guaranty
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TI
LEASE
THIS LEASE is made this .... day of ....................2006 by and between the
CITY OF ROANOKE (hereinafter referred to as "Landlord"), and Louis and Anita
Wilson d/b/a Burger in the Square, (hereinafter referred to as "Tenant"),
WITN ESS ETH:
In consideration of the mutual agreements hereinafter set forth, the parties hereto
mutually agree as follows:
1. PREMISES Landlord hereby leases to Tenant and Tenant hereby leases from
Landlord, for the term and upon the conditions hereinafter provided, a section of
the building known as the Roanoke City Market Building (herein referred to as the
"Building") located at 32 Market Square, Stall #121 and private locked storage on
the second floor, Roanoke, Virginia 24011, as is delineated on Exhibit "A" hereto,
which is hereafter referred to as the "Premises." The Premises consists of
approximately 1 74 and 288 square feet of space.
2. TERM The term of this Lease shall commence on March 1, 2006
("Commencement Date") and shall expire at 11:59 o'clock p.m. on February 28,
2009. A key will be given to Tenant upon execution of the Lease.
3. BASE RENT; ESCALATIONS The base rent for the first year of the term
shall be based on cost per square foot. Tenant shall pay as base rent for the
Premises for each year of the Lease according to the following schedule:
First Floor Space
Period Per Square Mo'nthly Rent Annual Rent
Foot Amount Amount
3/1/06 to 8/31/06 $32.26 $467.77 $2,806.62
9/1/06 to 2/28/07 $28.00 $406.00 $2,436.00
3/1/07 to 2/29/08 $28.84 $418.18 $5,018.16
3/1/08 to 2/28/09 $29.71 $430.73 $5,168.70
Second Floor Space
Period Per Square ] Mon~thly Rent Annual Rent
Foot Amount Amount
3/1/06 to 2/28/07 $10.00 $240.00 $2,880.00
3/1/07 to 2/29/08 $10.30 $247.20 $2,966.40
3/1/08 to 2/28/09 $10.61 $254.62 $3,055.39
If the Commencement Date is other than the first day of the month, the first year of
the Lease term shall be deemed to be extended to include such partial month and
the following twelve (12) months, so as to end on the last dayofthe month. In the
event the Commencement Date is other than the first dayofa calendar month, the
Base Rent ("Rent") (as well as the Common Area Maintenance Fee provided
hereunder) for the portion of the then current calendar month shall be prorated on
the basis of a thirty (30) day month and shall be paid immediately upon the
commencement of the Term.
On the first anniversary of the Lease, and upon each successive anniversary
thereafter, the monthly rent for the next twelve (12) months shall be increased by
three percent (3%) of the previous year's monthly rental.
Rent shall be paid monthly. The first monthly payment shall be made atthe time of
execution of this Lease by the parties; the second and all subsequent monthly
payments shall be made on the first day of each and every calendar month during
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the term. Any monthly payment of rent which is not received by Landlord by the
end of the fifth (5th) day of the month shall be assessed a late charge in the
amount of five percent (5%) of such total monthly rent payment. All delinquent
rent, and other charges due under this Lease shall accrue interest at a rate equal to
the current prime rate, as established by the United States Government, plus two
percent (2%) per month or the maximum amount permitted by law, from the due
date of such payment and shall constitute additional rent payable by Tenant under
this Lease and shall be paid by Tenant to Landlord upon demand. Payment shall
not be deemed as received if Tenant's payment is not actually collected (such as
payment by insufficient funds check). Tenant shall pay rent to Landlord at City of
Roanoke, 111 Franklin Road, Suite 200, Roanoke, Virginia 24011, Attention:
Director of Economic Development, or to such other party or at such other address
as Landlord may designate from time to time by written notice to Tenant, without
demand. Checks shall be made payable to Treasurer, City of Roanoke.
4. COMMON AREA MAINTENANCE Tenant agrees to pay Landlord, as
additional rental, Tenant's proportionate share of the costs ("Common Area
Maintenance Fee") of maintaining, operating, repairing, replacing and insuring the
"Common Areas" defined herein.
The Common Area Maintenance Fee for this lease will be a flat fee charge of Three
Hundred Dollars ($300.00) per month for the first floor and One Hundred Dollars
($100.00) per month for the second floor. These fees will increase by three (3%)
percent upon each anniversary of this Lease.
The term "Common Area Maintenance Fee" includes all costs and expenses of every
kind and nature paid or incurred by Landlord in operating, managing, equipping,
policing, lighting, repairing, replacing items in the Building and maintaining the
Building. Such costs and expenses will include, but not be limited to, the following:
(a) utilities (electric, gas, waste removal, water and sewer charges, storm water
charges; individual telephone service is specifically excluded),
(b) insurance premiums for public liability and property damage for the
Building(excluding Tenant's Premises)
(c) maintenance costs of heating, ventilating and air conditioning,
(d) insect and rodent treatment,
(e) snow and ice removal,
(f) electrical and plumbing repairs in the Common Areas of the Building,
(g) management costs and repairs to the structure of Building which includes
roof and wall repairs, foundations, sprinkler systems, utility lines, sidewalks
and curbs,
(h) security camera systems,
(i) lighting,
(j) sanitary control, drainage, collection of rubbish and other refuse,
(k) costs to remedy and/or comply with governmental and/or environmental and
hazardous waste matters(excluding Tenant's Premises)
(I) repair and installation of equipment for energy saving or safety purposes,
(m) reserves for future maintenance and repair work (which Tenant hereby
authorize Landlord to use as necessary),
(n) depreciation on equipment and machinery used in maintenance, costs of
personnel required to provide such services,
(o) all costs and expenses associated with Landlord's obligation to repair and
maintain and such other items of cost and expense which are relatable to
proper maintenance of the Building and its Common Areas.
The "Common Areas" are defined as all areas and spaces in the Building and
equipment in the Building, as further shown on the attached Exhibit B provided by
Landlord for common or joint use and benefit of the tenants of the Building, their
employees, agents, servants, customers and invitees. The Common Areas further
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include, without limitation, roofs, walls, vacant areas, food court, elevator(s),
restrooms, stairways, walkways, ramps, foundations, signs (excluding Tenant's
signage), security cameras, lighting fixtures and equipment, and the facilities
appurtenant to each of the aforesaid, and any other facilities maintained for the
benefit of the Building. Landlord shall have the right to modify the Common Areas
from time to time as deemed reasonable by Landlord.
5. LANDLORD'S OBLIGATIONS
responsible for the following:
Landlord hereby agrees to provide and be
(a)
make all structural and capital repairs and replacements to items in the
Building and to the Common Areas, as defined above, and to maintain the
Building and its Common Areas. Structural and capital repairs and
replacements are defined as repairs or replacements which include but are
not limited to repairs or replacements to the roof, elevators, electrical wiring,
heating and air conditioning systems, toilets, water pipes, gas, plumbing,
other electrical fixtures and the exterior and interior walls. Structural and
capital repairs to Tenant's Premises are specifically excluded.
(b)
pay for the cost of Tenant's utilities (gas, electric, heating, water, telephone
service specifically excluded) and all other services identified through use of
funds from the Common Area Maintenance Fee described above.
(c) provide a key to Tenant upon execution of the Lease Agreement,
6. TENANT'S OBLIGATIONS Tenant, at its sole cost and expense, agrees to
provide and be responsible for the following, in addition to its other responsibilities
pursuant to this Lease.
(a)
Tenant shall keep and maintain the Premise in good repair, condition and
appearance during the term of this Lease, ordinary wear and tear excepted,
and not use any part of the Premises or the Common Areas of the Building in
a negligent manner.
(b)
Tenant shall take good care of the Premises, its fixtures, and appurtenances
and suffer no waste or injury thereto, and shall pay for all repairs and
replacements to the Premises, necessitated by Tenant's actions, whether
capital, structural as defined above, or otherwise.
(c)
Tenant shall surrender the Premises at the end of the term in as good
condition as Tenant obtained the same at the commencement of the term,
reasonable wear and tear excepted.
(d) Tenant shall operate its business as described in Section 7 of this Lease.
(e) Tenant shall pay rent timely as provided in Section 3 of this Lease.
(f) Tenant shall obtain the insurance as required in Section 29 of this Lease.
7. USE OF PREMISES The Premises shall be used for the purpose of
conducting therein the sale of Restaurant serving hot dogs and hamburgers
cuisine. Tenant covenants and agrees that at all times during the term hereof,
Tenant will actively conduct such a business in the Premises, keep the Premises
amply stocked with good and fresh merchandise and keep the Premises open for
business during the customary business hours of 10:00 a.m. to 6:00 p.m. (not less
than eight (8) hours per day, Monday through Saturday) of the Building as
established or as may be amended by Landlord and (ii) the Premises shall be used
only for such purpose. The Building will be closed for the following Holidays or as
observed: New Year's Day, Memorial Day, Labor Day, Thanksgiving Day and
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Christmas Day. Nothing herein shall require the City of Roanoke to open the
Building outside of the above designated hours. The Premises shall not be used for
any other purpose without the written permission of Landlord. Tenant shall not
open the Building to the public outside of the customary business hours or on the
Holidays stated above.
8. EXCLUSIVITY Tenant operates a restaurant serving I~ot dogs and
hamburgers cuisine as outlined in attached menu noted as Exhibit "C". Tenant
must obtain written approval of Landlord before adding any item, other than soft
drink beverages, to its menu and shall pay a $100 per item to the Landlord if
Tenant does not obtain such approval. If menu changes persist beyond thirty (30)
days without the written approval of the Landlord the tenant is thereby in default of
its Lease.] Landlord and Tenant acknowledge that it is the intent of the parties
that current and prospective tenants of the Building not be allowed to market
products that would impair the sales of the other tenants of the Building.
Accordingly, Landlord agrees not to lease to tenants selling similar food, cuisine or
fare as existing tenants of the Market Building, as determined in the sole discretion
of the Landlord, or which will in the opinion of the Landlord be inconsistent with
the intended uses of the Building. Tenant further agrees not to market any product
that would impair acurrent Tenant's sales. Tenant acknowledges and agrees that if
there is any disagreement over whether any item sold byatenant is an item sold by
another tenant of the Building that would impair Tenant's sales, such dispute shall
be determined and resolved in the Landlord's sole discretion.
9. ASSIGNMENT AND SUBLETTING Tenant shall not voluntarily or
involuntarily assign this Lease in whole or in part, nor sublet all or any part of the
Premises without following the procedures detailed herein and obtaining the prior
written consent of Landlord, in Landlord's sole discretion. The consent by Landlord
to any assignment or subletting shall not constitute a waiver of the necessity for
such consent in any subsequent assignment or subletting.
In the event that Tenant receives a bona fide written offer from athird party for the
sublease or assignment of the Premises, Tenant shall forthwith notify Landlord in
writing, attaching a copy of such offer, of Tenant's desire to sublet or assign this
Lease upon the terms of such offer, whereupon Landlord shall have thirty (30) days
to accept or reject such assignment or sublease.
10. IMPROVEMENTS Landlord must approve all alterations, redecorations,
or improvements in and to the Premises in writing beforehand. Such alterations,
redecorations, additions, or improvements shall conform to all applicable Building
Codes of the City of Roanoke, federal and state laws, rules and regulations.
11. SURRENDER OF PREMISES At the expiration of the tenancy hereby
created, Tenant shall peaceably surrender the Premises, including all alterations,
additions, improvements, decorations and repairs made thereto (but excluding all
trade fixtures, equipment, signs and other personal property installed by Tenant,
provided that in no event shall Tenant remove any of the following materials or
equipment without Landlord's prior written consent: any free standing signs, any
power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes,
blinds or otherwindowcoverings; carpets or other floor coverings; or other similar
building operating equipment and decorations), broom cleaned and in good
condition and repair, reasonable wear and tear excepted. Tenant shall remove all
its property not required to be surrendered to Landlord before surrendering the
Premises and shall repair any damage to the Premises caused thereby. Any
personal property remaining in the Premises at the expiration of the Lease shall be
deemed abandoned by Tenant, and Landlord may claim the same and shall in no
circumstance have any liability to Tenant therefore. If physical alterations were
done by Tenant, Landlord, at its option, may require Tenant to return Premises to
its original condition (condition at occupancy) when Tenant vacates Premises. Upon
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termination, Tenant shall also surrender all keys for the Premises to Landlord and, if
applicable, inform Landlord of any combinations of locks or safes in the Premises.
If the Premises are not surrendered at the end of the term as herein above set out,
Tenant shall indemnify Landlord against loss or liability resulting from delay by
Tenant in so surrendering the Premises, including without limitation, claims made
by the succeeding Tenant founded on such delay. Tenant's obligation to observe or
perform this covenant shall survive the expiration or other termination of the term
of this Lease.
12. INSPECTION Tenant will permit Landlord, or its representative, to enter
the Premises, upon reasonable notice to Tenant, without charge thereof to Landlord
and without diminution of the rent payable by Tenant, to examine, inspect and
protect the same, and to make such alterations and/or repairs as in the judgment
of Landlord may be deemed necessary, or to exhibit the same to prospective
Tenants during the last one hundred twenty (120) days of the term of this Lease.
13. INSOLVENCY OR BANKRUPTCY OF TENANT In the event Tenant makes
an assignment for the benefit of creditors, or a receiver of Tenant's assets is
appointed, or Tenant files a voluntary petition in any bankruptcy or insolvency
proceeding, or an involuntary petition in any bankruptcy or insolvency proceeding is
filed against Tenant and the same is not discharged within sixty (60) days, or
Tenant is adjudicated as bankrupt, Landlord shall have the option of terminating
this Lease. Upon such written notice being given by Landlord to Tenant, the term
of this Lease shall, at the option of Landlord, end and Landlord shall be entitled to
immediate possession of the Premises and to recover damages from Tenant in
accordance with the provisions of Article 17 hereof.
14. TRANSFER OF LANDLORD'S INTEREST Landlord shall have the right to
convey, transfer or assign, by sale or otherwise, all or any part of its ownership
interest in the property, including the Premises, at any time and from time to time
and to any person, subject to the terms and conditions of this Lease. All covenants
and obligations of Landlord under this Lease shall cease upon the execution of such
conveyance, transfer or assignment, but such covenants and obligations shall run
with the land and shall be binding upon the subsequent owner(s) thereof or of this
Lease during the periods of their ownership thereof.
15. ESTOPPEL CERTIFICATE Tenant agrees, at any time, and from time to
time, upon not less than ten (10) days' prior notice by Landlord, to execute,
acknowledge and deliver to Landlord, a statement in writing addressed to Landlord
or other party designated by Landlord certifying that this Lease is in full force and
effect (or, if there have been modifications, that the same is in full force and effect
as modified and stating the modifications), stating the actual commencement and
expiration dates of the Lease, stating the dates to which rent, and other charges, if
any, have been paid, that the Premises have been completed on or before the date
of such certificate and that all conditions precedent to the Lease taking effect have
been carried out, that Tenant has accepted possession, that the Lease term has
commenced, Tenant is occupying the Premises and is open for business, and
stating whether or not there exists any default by either party contained in this
Lease, and if so specifying each such default of which the signer may have
knowledge and the claims or offsets, if any, claimed by Tenant; it being intended
that any such statement delivered pursuant hereto may be relied upon by Landlord
or a purchaser of Landlord's interest and by any mortgagee or prospective
mortgage of any mortgage affecting the Premises. If Tenant does not deliver such
statement to Landlord within such ten (10) day period, Landlord may conclusively
presume and rely upon the following facts: (i) that the terms and provisions of this
Lease have not been changed except as otherwise represented by Landlord; (ii) that
this Lease has not been canceled or terminated except as otherwise represented by
Landlord; (iii) that not more than one (1) month's minimum rent or other charges
have been paid in advance; and (iv) that Landlord is not in default under the Lease;
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and (v) no disputes exist. In such event Tenant shall be estopped from denying the
truth of such facts. Tenant shall also, on ten (10) days' written notice, provide an
agreement in favor of and in the form customarily used by such encumbrance
holder, by the terms of which Tenant will agree to give prompt written notice to any
such encumbrance holder in the event ofany casualty damage to the Premises or in
the event of any default on the part of Landlord under this Lease, and will agree to
allow such encumbrance holder a reasonable length of time after notice to cure or
cause the curing of such default before exercising Tenant's right of self-help under
this Lease, if any, or terminating or declaring a default under this Lease.
16. DAMAGE TO THE PREMISES Ifthe Building or the Premises shall be partially
damaged by fire or other cause without the fault or neglect of Tenant, its agents,
employees or invitees, Landlord shall diligently and as soon as practicable after
such damage occurs repair such damage at the expense of Landlord, provided,
however, that if the Building is damaged by fire or other cause to such extent that
the damage cannot be fully repaired within ninety (90) days from the date of such
damage, Landlord or Tenant, upon written notice to the other, may terminate this
Lease, in which event the rent shall be apportioned and paid to the date of such
damage. During the period that Tenant is deprived of the use of the damaged
portion of Premises, Tenant shall be required to pay rental covering only that part
of the Premises that Tenant is able to occupy, and Rent for such occupied space
shall be the total rent divided by the square foot area of the Premises and
multiplied by the square foot area that the Tenant is able to occupy.
17. DEFAULT OF TENANT If Tenant shall fail to pay any monthly installment of
Rent and/or as required by this Lease, or shall violate or fail to perform any of the
other conditions, covenants or agreement on its part contained in this Lease and
such failure to pay Rent or such violation or failure shall continue foraperiod often
(10) days after the due date of such payment or after written notice of any such
violation or failure to perform by Tenant, then and in any of such events this Lease
shall, at the option of Landlord, cease and terminate upon at least ten (10) days'
prior written notice of such election to Tenant by Landlord, and if such failure to
pay rent or such violation or failure shall continue to the date set forth in such
notice of termination, then this Lease shall cease and terminate without further
notice to quit or of Landlord's intention to re-enter, the same being hereby waived,
and Landlord may proceed to recover possession under and by virtue of the
provisions of the laws of Virginia, or by such other proceedings, including re-entry
and possession, as may be applicable. If Landlord elects to terminate this Lease,
everything herein contained on the part of Landlord to be done and performed shall
cease without prejudice, however, to the right of Landlord to recover from the
Tenant all rental accrued up to the time of termination or recovery of possession by
Landlord, whichever is later. Should this Lease be terminated before the expiration
of the term of this Lease by reason of Tenant's default as hereinabove provided, or
if Tenant shall abandon or vacate the Premises before the expiration or termination
of the term of this Lease, Landlord shall use its best efforts to relet the Premises on
the best rental terms reasonably available under the circumstances and if the full
rental hereinabove provided shall not be realized by Landlord, Tenant shall be liable
for any deficiency in rent. Any damage or loss of rental sustained by Landlord may
be recovered by Landlord, at Landlord's option, at the time of the reletting, or in
separate actions from time to time, as such damage shall have been made more
easily ascertainable by successive relettings, or at Landlord's option, may be
deferred until the expiration of the term of this Lease in which event the cause of
action shall not be deemed to have accrued until the date of expiration of such
term. The provisions contained in this paragraph shall not prohibit any claim
Landlord may have against Tenant for anticipatory breach of the unexpired term of
this Lease.
18. CONDEMNATION If any part of the Building or a substantial part of the
Premises shall be taken or condemned by any governmental authority for any public
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or quasi-public use or purpose (including sale under threat of such a taking) then
the term of this Lease shall cease and terminate as of the date when title vests in
such governmental authority, and the annual rental shall be abated on the date
when such title vests in such governmental authority. If less than asubstantial part
of the common area of the Premises is taken or condemned by any governmental
authority for any public or quasi-public use or purpose, the rent shall be equitably
adjusted on the date when title vests in such governmental authority and the Lease
shall otherwise continue in full force and effect. Tenant shall have no claim against
Landlord (or otherwise) for any portion of the amount that may be awarded as
damages as a result of any governmental taking or condemnation (or sale under
threat of such taking or condemnation) or for the value of any unexpired term of
the Lease. For purposes ofthis Article 18, a substantial part ofthe Premises shall
be considered to have been taken if more than fifty percent (50%) of the Premises
are unusable by Tenant.
19. COVENANTS OF LANDLORD Landlord covenants that it has the right to
make this Lease for the term aforesaid, and that if Tenant shall pay the Rent and
perform all of the covenants, terms and conditions of this Lease to be performed by
Tenant, Tenant shall, during the term hereby created, freely, peaceably and quietly
occupy and en_ioy the full possession of the Premises without molestation or
hindrance by Landlord or any party claiming through or under Landlord.
20. NO PARTNERSHIP Nothing contained in this Lease shall be deemed or
construed to create a partnership or joint venture of or between the Landlord and
Tenant, or to create any other relationship between the parties hereto other than
that of Landlord and Tenant.
21. BROKER'S COMMISSION Tenant represents and warrants that it has
incurred no claims or finder's fees in connection with the execution of this Lease.
22. NOTICES All notices or other communications hereunder shall be in writing
and shall be deemed duly given if delivered in person or by certified or registered
mail, return receipt requested, first-class postage prepaid, (i) if to Landlord at City
of Roanoke, 111 Franklin Road, Suite 200, Roanoke, Virginia 24011, Attention:
Director of Economic, and (ii) if to Tenant, at 3436 Overhill Trail, Roanoke VA
24018-4915, unless notice of a change of address is given pursuant to the
provisions of this Article.
23. HOLDING OVER In the event that Tenant shall not immediately surrender
the Premises on the date of expiration of the term hereof, Lease shall automatically
renew itself month to month, at twice the Rent rate for the last year of the Lease
plus all other charges accruing under this Lease, and subject to all covenants,
provisions and conditions herein contained. Landlord and tenant shall both have
the right to terminate the holdover tenancy upon thirty (30) days written notice.
Tenant shall not interpose any counterclaim(s) in a summary proceeding or other
action based on holdover.
24. BENEFIT AND BURDEN The provisions ofthis Lease shall be binding upon,
and shall inure to the benefit of, the parties hereto and each of their respective
representatives, successors and assigns.
25. GENDER AND NUMBER Feminine or neuter pronouns shall be substituted for
those of the masculine form, and the plural shall be substituted for the singular
number, in any place or places herein in which the context may require such
substitution.
26. ENTIRE AGREEMENT This Lease, together with any exhibits attached
hereto, contains and embodies the entire agreement of the parties hereto, and
representations, inducements or agreements, oral or otherwise, between the parties
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not contained in this Lease and exhibits, shall not be of any force or effect. This
Lease may not be modified, changed or terminated in whole or in part in any
manner other than by an agreement in writing duly signed by both parties hereto.
27. INVALIDITY OF PARTICULAR PROVISIONS If any provision of this Lease or
the application thereof to any person or circumstances shall to any extent be invalid
or unenforceable, the remainder of this Lease, or the application of such provisions
to persons or circumstances other than those as to which it is invalid or
unenforceable, shall not be affected thereby, and each provision of this Lease shall
be valid and be enforced to the fullest extent permitted by law.
28. HAZARDOUS SUBSTANCF~; Tenant covenants and warrants that Tenant,
and Tenant's use of Premises and any alterations thereto will at all times comply
with and conform to all laws, statues, ordinances, rules and regulations of any
governmental, quasi-governmental or regulatory authorities ("Laws") which relate to
the transportation, storage, placement handling, treatment, discharge, generation,
removal production or disposal (collectively "Treatment") of any waste petroleum
product, waste products, radioactive waste, Polychlorinated Biphenyls (PCB),
asbestos, lead-based paint, or other hazardous materials of any kind, and any
substance which is regulated by any law, statute, ordinance, rule or regulation
(collectively "Waste"). Tenant further covenants and warrants that it will not engage
in or permit any person or entity to engage in any Treatment of any Waste on or
which affects the Premises.
Immediately upon receipt of any Notice (as hereinafter defined) from any person or
entity, Tenant shall deliver to Landlord a true, correct and complete copy of any
written Notice. "Notice" shall mean any note, notice or report of any suit,
proceedings, investigation, order, consent order, injunction, writ, award or action
related to or affecting or indicating the Treatment of any Waste in or affecting the
Premises.
Tenant hereby agrees it will indemnify, defend, save and hold harmless Landlord
and Landlord's officers, directors, shareholders, employees, agents, partners, and
the respective heirs, successors and assigns (collectively "Indemnified Parties")
against and from, and to reimburse the Indemnified Parties with respect to, anyand
all damages, claims, liabilities, loss, costs and expense (including, without
limitation all attorney's fees and expenses, court costs, administrative costs and
costs of appeals), incurred by or asserted against the Indemnified Parties by reason
of or arising out of: (a) the breach of any representation or undertaking of Tenant
under this section or (b) arising out of the Treatment of any waste by Tenant or any
licensee, concessionaire, manager or other party occupying or using the Premises.
Landlord is given the right, but not the obligation, to inspect and monitor the
Premises and Tenant's use of the Premises, including the right to review paperwork
associated with Treatment activities in order to confirm Tenant's compliance with
the terms of this Section. Landlord may require that Tenant deliver to Landlord
concurrent with Tenant's vacating the Premises upon the expiration of this Lease,
or any earlier vacation of the Premises by Tenant, at Tenant's expense, a certified
statement by licensed engineers satisfactory to the Landlord, in form and substance
satisfactory to Landlord, stating that Tenant, and any alterations thereto and
Tenant's use of the Premises complied and conformed to all Laws relating to the
Treatment of any Waste in or affecting the Premises..
Tenant agrees to deliver upon request from Landlord estoppel certificates to
Landlord expressly stipulating whether Tenant is engaged in or has engaged in the
Treatment of any Waste in or affecting the Premises, and whether Tenant has
caused any spill, contamination, discharge, leakage, release or escape of any Waste
in or affecting the Premises, whether sudden or gradual, accidental or anticipated,
or any other nature at or affecting the Premises and whether, to the best of the
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Tenant's knowledge, such an occurrence has otherwise occurred at or affecting the
Premises.
29. INSURANCE Prior to the delivery of possession of the Premises to
Tenant, Tenant shall provide Landlord evidence satisfactory to Landlord (i) that fire
and casualty and workers' compensation policies in amount and in form and
content satisfactory to Landlord have been issued by a company or companies
satisfactory to Landlord and will be maintained throughout the course of Tenant's
work at Tenant's cost and expense and (ii) that Tenant has complied with the
comprehensive liability insurance requirements set forth in the following paragraph.
Tenant will, at all times commencing on the date of delivery of possession of the
Premises to Tenant, at its own cost and expense, carry with a company or
companies, satisfactory to Landlord, comprehensive general liability insurance
including public liability and property damage, in a form satisfactory to Landlord,
on the Premises, with the combined single liability limits of not less than One
Million Dollars ($1,000,000.00) per occurrence, which insurance shall be written or
endorsed so as to protect Landlord, its officers, agents and employees as additional
insureds. The Tenant agrees that the above stated limits and coverages are
minimum limits and coverages, and that Tenant shall provide such additional
insurance as set forth above, in such amounts and against such risk as may be
required in the Landlord's sole but reasonable judgment, to equal the amounts and
types of coverages carried by prudent owners and operators of properties similar to
the Building. Tenant shall increase such limits at its discretion or upon reasonable
request of Landlord but not more often than once every year and such increases
shall not be in excess of generally accepted standards in the industry. Tenant
covenants that certificates of all of the insurance policies required under this Lease,
and their renewal or replacement, shall be delivered to Landlord promptly without
demand upon the commencement of the term of this Lease and upon each renewal
of the insurance. Such policy or policies shall also provide that it shall not be
cancelled nor shall there by any change in the scope or amount of coverage of the
policy without thirty (30) days prior written notice to Landlord. If same is not
provided with ten (10) days after demand, Landlord is authorized to secure such
policy from such companies as it deems appropriate and collect from Tenant in
such a manner as it deems appropriate the cost of the premium.
30. SECURITY DEPOSIT Intentionally omitted
31. INDEMNIFICATION Tenant agrees to save and to protect, indemnify and
hold Landlord harmless from and against and to reimburse Landlord from any and
all liabilities, damages, costs, expenses, including, without limitation, reasonable
attorneys' fees, causes of action, suits, claims, demands, or judgments of any
nature whatsoever arising from injury to or death of persons or damages to
property resulting from Tenant's use of the Premises caused by any act or omission,
whether intentional or otherwise, of Tenant or its employees, servants, contractors
or agents.
32. COMPLIANCE WITH LAWS AND REGULATIONS Tenant agrees to and will
complywith all applicable federal, state and local laws, ordinances and regulations.
Tenant acknowledges and agrees that it will dispose of trash and grease in the
containers designated by the Landlord for such disposal and not dispose of such
substances in a manner that would violate applicable federal, state and local laws,
ordinances or regulations.
33. FORUM SELECTION AND CHOICE OF LAW By virtue of entering into this
Lease, Tenant submits itself to a court of competent jurisdiction in the City of
Roanoke, Virginia, and further agrees that this Lease is controlled bythe laws of the
Commonwealth of Virginia and that all claims, disputes, and other matters shall
only be decided by such court according to the laws of the Commonwealth of
K:\[.EASING\2006 DOCUMENTS¥3URGER IN THE SQUARE LEA, SE.DOC
9
Virginia.
34. FORCE MAIEURE In the event that either party hereto shall be delayed or
hindered in or prevented from the performance of any act required hereunder by
reason of strikes, lockouts, labor troubles, inability to procure materials, failure of
power, restrictive governmental laws or regulations, riots, insurrection, war, or
other reason of a like nature not the fault of the party delayed in performing the
work or doing acts required under the terms of this Lease, then the time allowed for
performance for such act shall be extended bya period equivalent to the period of
such delay. The provisions of this Section shall not operate to excuse Tenant from
the prompt payment of rent, Common Area Maintenance Fee or any other payments
required by the terms of this Lease.
35. EQUAL EMPLOYMENT OPPORTUNITY:
Agreement, Tenant agrees as follows:
During the performance of this
(a)
Tenant 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
reasonably necessary to the normal operation of its business. Tenant agrees
to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this nondiscrimination
clause.
(b)
Tenant, in all solicitations or advertisements for employees placed by or on
behalf of Tenant, will state that Tenant is an equal opportunity employer.
(c)
Tenant will include the provisions of the foregoing subsections (a) and (b) in
every contract or purchase order of over ten thousand dollars and no cents
($10,000.00) so that the provisions will be binding upon each contractor or
vendor.
36. DRUG-FREE WORKPLACF:
(a)
During the performance of this Agreement, Tenant agrees to (i) provide a
drug-free workplace for its employees; (ii) 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 the
workplace and specifying the actions that will be taken against employees for
violations of such prohibition; (iii) state in all solicitations or advertisements
for employees placed by or on behalf of Tenant that Tenant maintains a
drug-free workplace; and (iv) include the provisions of the foregoing clauses
in every subcontract or purchase order of over $10,000, so that the
provisions will be binding upon each subcontractor or vendor.
(b)
For the purposes of this section, "drug-free workplace" means a site for the
performance of work done in connection with a specific contract awarded to a
contract awarded to a contractor, the employees of whom are prohibited
from engaging in the unlawful manufacture, sale, distribution, dispensation,
possession or use of any controlled substance or marijuana during the
performance of the Agreement.
37. RULES ANDREGULATIONS Tenant agrees to comply and adhere to
Landlord's rules and regulations concerning the Building as stated in the attached
Exhibit "D" attached hereto and made part of this Lease
K:\LEASING\2006 DOCUMENTS\BURGER IN THE SQUARE LEASE DOC
10
38. SlGNAGE Tenant agrees to comply and adhere to Landlord's regulations
concerning signage as stated in the attached Exhibit "E" attached hereto and made
part of this Lease.
39. GUARANTY
Intentionally omitted
Witness Signature
Witness Printed Name
Witness Signature
Witness Printed Name
Witness Signature
Witness Printed Name
Witness Signature
Witness Printed Name
Witness Signature
Witness Printed Name
Witness Signature
Witness Printed Name
LANDLORD:
CITY OF ROANOKE
By:
Print Name: DarleneBurcham
Title: City Manaqer
TENANT:
Louis Wilson d/b/a Burger in the Square
By:.
Print Name: Louis Wilson
Title:
TENANT:
Anita Wilson d/b/a Burger in the Square
By:.
Print Name: Anita Wilson
Title:
K:\LEASING\2006 DOCUMENTS\BURGER IN THE SQUARE LEASE.DOC
EXHIBIT A
FLOOR PLAN
K:\LEASING\2006 DOCUMENTS\BURGER ~N THE SQUARE LEASE.DOC
12
EXHIBIT B
COMMON AREAS FLOOR PLAN
Attach here
K:\LEASING\2006 DOCUMENTS\BURGER IN THE SQUARE LEASE DOC
13
EXHIBIT C
MENU
Attach here if Food Court Tenant
TO BE PROVIDED BY TENANT
K:\LEASING\2006 DOCUMENTS\~URGER IN THE SQUARE LEASE.DOC
10.
11.
EXHIBIT D
RULES AND REGULATIONS
All trash must be kept in a covered container, or if requested by Landlord,
in a Dumpster or similar container furnished and serviced at Tenant's
expense.
Tenant shall keep lights on in show windows, leased food court space and
lights on under marquee, if any, from 10:00 a.m. until 6:00 p.m.
Tenant agrees to handle all deliveries and refuse through the Salem
Avenue entrance (if one) of the Premises.
No sign shall be permanently affixed to the plate glass of any window
without prior written consent of Landlord.
No solicitation material shall be displayed inside the building or affixed to
the exterior of the building.
Tenant shall keep Premise's, windows and window frames clean (inside and
out) at all times and wash them weekly.
Tenant shall keep Premises' floors free of trash, chewing gum and other
debris, and shall scrub and wax all tile or plastic flooring at least weekly.
Tenant is responsible for the replacement of light bulbs in its space
Tenant is responsible for the replacement of air-filters and the monthly
maintenance of their exhaust fans in its Premises by a licensed contractor
on a basis predetermined by the Landlord.
Tenant shall be responsible for breaking down and having all cardboard
boxes ready for pick up.
(Applies only to Food Court Vendors) Providing the availability of space for
the purpose of storage, Landlord will allocate equally among all food
vendors a set amount of space for the storage of a freezer or a
refrigerator, food items and paper products. Items must be stored in
accordance with Health and Fire codes. No restaurant equipment (unused
or in disrepair) is to be stored in the area under any circumstances. Any
prohibited items stored in this area will be removed at Tenant's expense.
Tenant's not maintaining their own storage space per Health and Fire code
requirements will be assessed a $100.00 fee per occurrence. Ifa Tenant's
space is in violation more than three times in a given year, Landlord will
rescind Tenant's option to use available space.
K:\LEASING\2006 DOCUMENTS\BURGeR ~N THE SQUARE LEASE.DOC
15
EXHIBIT E
SIGN REGULATION
No sign, advertisement or notice shall be inscribed, painted, affixed or displayed
on walls, windows, or any part of the outside or the inside of the Building except
on the awnings, directories, and then only in such place, number, size, color and
style as it approved Landlord. if Tenant nevertheless exhibits such sign,
advertisement or notice, Landlord shall have the right to remove the same and
Tenant shall be liable for any and all expenses incurred by Landlord by such
removal. Tenant further agrees to maintain such sign, awning, canopy,
decoration, lettering, advertising matter or other thing as may be approved in
good condition and repair at all times. Landlord shall have the right to prohibit
any advertisement of Tenant which in its opinion tends to impair the reputation
of the Building or its desirability as a high-quality festival marketplace for retail
stores or food related businesses, other institutions of like nature, and, upon
written notice from Landlord, Tenant shall immediately refrain from and
discontinue any such advertisement.
K:\LEASING\2006 DOCUMENTS\BURGER IN THE SQUARE LEA, SE.DOC
Z6
EXHIBIT P
GUARANTY
PERSONAL GUARANTEE
Intentionally omitted
K:\LEASING\2006 DOCUMENTS\BURGER IN THE SQUARE LEAS£ OOC
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
MARY F. PARKER
CITY OF ROANOKE CLERK'S OFFICE
215 CHURCH AVE SW RM 456
NOEL C. TAYLOR MUNICIPAL BLDG.
ROANOKE VA 24011
REFERENCE: 32143302
09400637
NOTICEOFPUBLICHEARIN
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
V'~_~n'nia. Sworn and subscribed before me this
__,~__~r--_day of Ja nuary 2006. Witness my hand and
_ _ _.
PUBLISHED ON~ 01/27
TOTAL COST: 151.80
FILED ON: 01/27/06
AU t ho r i z e d y~ _~___~~___~
Signature:___ _ , Billing Services Represe~cative
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC Stephanie M. Moon, CMC
City Clerk Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
February 9, 2006
File #42-166-373
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 37288-020606 authorizing execution of a
lease agreement with Adel Eltawansy, Owner, Zorba, for the lease of approximately
210 square feet of space located within City-owned property known as the City
Market Building, 32 Market Square, for a term of three years beginning March 1,
2006 through February 28, 2009, upon certain terms and conditions, as more fully
set forth in a letter from the City Manager addressed to the Council under date of
February 6, 2006.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, February 6, 2006, and is in full force
and effect upon its passage.
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
L:\CLERK~DATA\CKEW 1 ~AGENDA CORRESPON DENCE~agenda correspondence 06~Feb 06~eb 6 06 correspondence.doc
Darlene L. Burcham
February 8, 2006
Page 2
pc:
Adel Eltawansy, Owner, Zorba, 32 Market Square, $. W., #126, Roanoke,
Virginia 2401!
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Office of Management and Budget
R. Brian Townsend, Director, Planning Building and Economic Development
Lisa Poindexter-Plaia, Economic Development Specialist
L:\CLERK~DATA~CKEWI~AGENDA CORRESPONDENCL=~agenda cowespondence 06~Feb 06~eb 6 06 correspondence.doc
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of February, 2006.
No. 37288-020606.
AN ORDINANCE authorizing the lease of approximately 210 square feet of space located
within City-owned property known as the City Market Building, located at 32 Market Square, for a
term of three (3) years beginning March 1, 2006, through February 28, 2009; authorizing the
appropriate City officials to execute a lease agreement therefore; and dispensing with the second
reading of this ordinance by title.
WHEREAS, a public hearing was held on February 6, 2006, pursuant to §§ 15.2-1800(B) and
! 813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were
afforded an opportunity to be heard on the proposed lease.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are hereby authorized to execute and attest,
respectively, in a form approved by the City Attomey, an agreement with Adel Eltawansy, owner and
operator of Zorba, for the lease of approximately 210 square feet of space located within City-owned
property known as the City Market Building, located at 32 Market Square, for a term of three (3)
years beginning March l, 2006, through February 28, 2009, upon certain terms and conditions, and
as more particularly described in the City Manager's letter to this Council dated February 6, 2006.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST: ~ ~~
city:C~rk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
February 6, 2006
Honorable C. Nelson Harris, Mayor
Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Brenda L. McDaniel, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of Council:
Subject: Market Building Lease
Background:
The City of Roanoke owns the City Market Building located at 32 Market Square,
Roanoke, Virginia 24011. The City of Roanoke began management of the
Building on May 1, 2005, after the former management company, Advantis Real
Estate, terminated the management contract for this property.
Adel Eltawansy, the owner and operator of Zorba, has requested a lease
agreement for approximately 210 square feet to operate a restaurant serving
Greek and Mediterranean cuisine. The proposed lease agreement is for a three
(3) year period, beginning March 1,2006, through February 28, 2009. The
proposed agreement establishes a base rent rate of the following:
Period Per Square Monthly Rent Annual Rent
Foot Amount Amount
3/1/06 - 8/31/06 $36.03 $630.53 $3,783.15
9/1/06 - 2/28/07 $28.00 $490.00 $2,940.00
3/1/07 - 2/29/08 $28.84 $504.70 $6,056.40
3/1/08 - 2/28/09 $29.71 $519.84 $6,238.09
Honorable Mayor and Members of Council
February 6, 2006
Page 2
The initial two six month periods of the proposed rent provides a transition
from the lease rate in Mr. Eltawansy's previously expired lease into the new per
square foot rent structure that has been identified in the Market Building for
food court tenants. The common area maintenance fee is $300.00 per month
that will increase by 3.00% upon each anniversary of this Lease. Zorba's
restaurant has been a tenant of the Market Building since November 1, 1989.
There is no renewal provision in this lease.
Recommended Action:
Authorize the City Manager to execute a lease agreement with Adel Eltawansy
d/b/a Zorba, for approximately 210 square feet in the City Market Building
located at 32 Market Square, Roanoke, Virginia 24011, for a period of three (3)
years, beginning March 1, 2006, and expiring February 28, 2009. All
documents shall be upon form approved by the City Attorney.
Darlene L. B~cham
City Manage~
DLB:Ipp
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Rolanda Russell, Assistant City Manager
Brian Townsend, Director Planning, Building and Economic Development
David Collins, Assistant City Attorney
Lisa Poindexter-Plaia, Economic Development Specialist
CM06-00013
LEASE
Between
THE CITY OF ROANOKE
and
Adel Eltawansy d/b/a/Zorba's
LEASE
INDEX
HEADING
PREMISES
TERM
BASE RENT; ESCALATIONS
COMMON AREA MAINTENANCE
LANDLORD OBLIGATIONS
TENANT'S OBLIGATIONS
USE OF PREMISES
EXCLUSIVITY
ASSIGNMENT AND SUBLETTING
IMPROVEMENTS
SURRENDER OF PREMISES
INSPECTION
INSOLVENCY OR BANKRUPTCY OF TENANT
TRANSFER OF LANDLORD'S INTEREST
ESTOPPEL CERTIFICATE
DAMAGE TO THE PREMISES
DEFAULT OF TENANT
CONDEMNATION
COVENANTS OF LANDLORD
NO PARTNERSHIP
BROKERS COMMISSION
NOTICES
HOLDING OVER
BENEFIT AND BURDEN
GENDER AND NUMBER
ENTIRE AGREEMENT
K:\LEASING\2006 DOCUMENTS\ZORBA LEASE.DOC
PAGE
1
1
1
2
3
3
3
4
4
4
4
5
4
$
$
6
6
7
7
7
7
7
7
7
7
8
INVALIDITY OF PARTICULAR PROVISIONS
HAZARDOUS SUBSTANCES
INSURANCE
SECURITY DEPOSIT
INDEMNIFICATION
COMPLIANCE WITH LAWS AND REGULATIONS
FORUM SELECTION AND CHOICE OF LAW
FORCE MAJEURE
EQUAL EMPLOYMENT OPPORTUNITY
DRUG-FREE WORKPLACE
RULES AND REGULATIONS
SlGNAGE
GUARANTY
8
8
9
9
9
9
10
10
10
10
11
11
11
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Floor Plan
Common Area Floor Plan
Menu
Rules and Regulations
Sign Regulations
Guaranty
IT
LEASE
THIS LEASE is made this .... day of ....................2006 by and between the
CITY OF ROANOKE (hereinafter referred to as "Landlord"), and Ariel Eltawansy
d/b/a Zorba's, (hereinafter referred to as "Tenant"),
WITN ESS ETH:
In consideration of the mutual agreements hereinafter set forth, the parties hereto
mutually agree as follows:
1. PREMISES Landlord hereby leases to Tenant and Tenant hereby leases from
Landlord, for the term and upon the conditions hereinafter provided, a section of
the building known as the Roanoke City Market Building (herein referred to as the
"Building") located at 32 Market Square, Stall #!26, Roanoke, Virginia 24011, as is
delineated on Exhibit "A" hereto, which is hereafter referred to as the "Premises."
The Premises consists of approximately 210 square feet of space.
2. TERM The term of this Lease shall commence on March 1, 2006
("Commencement Date") and shall expire at 11:59 o'clock p.m. on February 28,
2009. A key will be given to Tenant upon execution of the Lease.
3. BASE RENT; ESCALATIONS The base rent for the first year of the term
shall be based on cost per square foot. Tenant shall pay as base rent for the
Premises for each ear of the Lease according to the followinq schedule:
Period Per Square Monthly Rent Annual Rent
Foot Amount Amount
3/1/06 to 8/31/06 $36.03 $630.53 $3,783.15
9/1/06 to 2/28/07 $28.00 $490.00 $2,940.00
3/1/07 to 2/29/08 $28.84 $504.70 $6,056.40
3/1/08 to 2/28/09 $29.71 $519.84 $6,238.09
If the Commencement Date is other than the first dayofthe month, the first year of
the Lease term shall be deemed to be extended to include such partial month and
the following twelve (12) months, so as to end on the last day of the month. In the
event the Commencement Date is other than the first dayofacalendar month, the
Base Rent ("Rent") (as well as the Common Area Maintenance Fee provided
hereunder) for the portion of the then current calendar month shall be prorated on
the basis of a thirty (30) day month and shall be paid immediately upon the
commencement of the Term.
On the first anniversary of the Lease, and upon each successive anniversary
thereafter, the monthly rent for the next twelve (12) months shall be increased by
three percent (3%) of the previous year's monthly rental.
Rent shall be paid monthly. The first monthly payment shall be made at the time of
execution of this Lease by the parties; the second and all subsequent monthly
payments shall be made on the first day of each and every calendar month during
the term. Any monthly payment of rent which is not received by Landlord by the
end of the fifth (5th) day of the month shall be assessed a late charge in the
amount of five percent (5%) of such total monthly rent payment. All delinquent
rent, and other charges due under this Lease shall accrue interest at a rate equal to
the current prime rate, as established by the United States Government, plus two
percent (2%) per month or the maximum amount permitted by law, from the due
date of such payment and shall constitute additional rent payable by Tenant under
K:\LEASING\2006 DOCUMENTS\ZORBA LEASE.DOC
this Lease and shall be paid by Tenant to Landlord upon demand. Payment shall
not be deemed as received if Tenant's payment is not actually collected (such as
payment by insufficient funds check). Tenant shall pay rent to Landlord at City of
Roanoke, 111 Franklin Road, Suite 200, Roanoke, Virginia 24011, Attention:
Director of Economic Development, or to such other party or at such other address
as Landlord may designate from time to time by written notice to Tenant, without
demand. Checks shall be made payable to Treasurer, City of Roanoke.
4. COMMON AREA MAINTENANCF Tenant agrees to pay Landlord, as
additional rental, Tenant's proportionate share of the costs ("Common Area
Maintenance Fee") of maintaining, operating, repairing, replacing and insuring the
"Common Areas" defined herein.
The Common Area Maintenance Fee for this lease will be a flat fee charge of three
hur~dred Dollars ($300.00) per month. These fees will increase by three (3%)
percent upon each anniversary of this Lease.
The term "Common Area Maintenance Fee" includes all costs and expenses of every
kind and nature paid or incurred by Landlord in operating, managing, equipping,
policing, lighting, repairing, replacing items in the Building and maintaining the
Building. Such costs and expenses will include, but not be limited to, the following:
(a) utilities (electric, gas, waste removal, water and sewer charges, storm water
charges; individual telephone service is specifically excluded),
(b) insurance premiums for public liability and property damage for the
Building(excluding Tenant's Premises)
(c) maintenance costs of heating, ventilating and air conditioning,
(d) insect and rodent treatment,
(e) snow and ice removal,
(f) electrical and plumbing repairs in the Common Areas of the Building,
(g) management costs and repairs to the structure of Building which includes
roof and wall repairs, foundations, sprinkler systems, utility lines, sidewalks
and curbs,
(h) security camera systems,
(i) lighting,
(j) sanitary control, drainage, collection of rubbish and other refuse,
(k) costs to remedy and/or comply with governmental and/or environmental and
hazardous waste matters(excluding Tenant's Premises)
(I) repair and installation of equipment for energy saving or safety purposes,
(m) reserves for future maintenance and repair work (which Tenant hereby
authorize Landlord to use as necessary),
(n) depreciation on equipment and machinery used in maintenance, costs of
personnel required to provide such services,
(o) all costs and expenses associated with Landlord's obligation to repair and
maintain and such other items of cost and expense which are relatable to
proper maintenance of the Building and its Common Areas.
The "Common Areas" are defined as all areas and spaces in the Building and
equipment in the Building, as further shown on the attached Exhibit B provided by
Landlord for common or joint use and benefit of the tenants of the Building, their
employees, agents, servants, customers and invitees. The Common Areas further
include, without limitation, roofs, walls, vacant areas, food court, elevator(s),
restrooms, stairways, walkways, ramps, foundations, signs (excluding Tenant's
signage), security cameras, lighting fixtures and equipment, and the facilities
appurtenant to each of the aforesaid, and any other facilities maintained for the
benefit of the Building. Landlord shall have the right to modify the Common Areas
from time to time as deemed reasonable by Landlord.
K:\LE~,SING\2006 DOCUMENTS\ZORBA LEASE.DOC
5. LANDLORD'S OBLIGATIONS Landlord hereby agrees to provide and be
responsible for the following:
(a)
make all structural and capital repairs and replacements to items in the
Building and to the Common Areas, as defined above, and to maintain the
Building and its Common Areas. Structural and capital repairs and
replacements are defined as repairs or replacements which include but are
not limited to repairs or replacements to the roof, elevators, electrical wiring,
heating and air conditioning systems, toilets, water pipes, gas, plumbing,
other electrical fixtures and the exterior and interior walls. Structural and
capital repairs to Tenant's Premises are specifically excluded.
(b)
pay for the cost of Tenant's utilities (gas, electric, heating, water, telephone
service specifically excluded) and all other services identified through use of
funds from the Common Area Maintenance Fee described above.
(c) provide a key to Tenant upon execution of the Lease Agreement,
6. TENANT'S OBLIGATIONS Tenant, at its sole cost and expense, agrees to
provide and be responsible for the following, in addition to its other responsibilities
pursuant to this Lease.
(a)
Tenant shall keep and maintain the Premise in good repair, condition and
appearance during the term of this Lease, ordinary wear and tear excepted,
and not use any part of the Premises or the Common Areas of the Building in
a negligent manner.
(b)
Tenant shall take good care of the Premises, its fixtures, and appurtenances
and suffer no waste or injury thereto, and shall pay for all repairs and
replacements to the Premises, necessitated by Tenant's actions, whether
capital, structural as defined above, or otherwise.
(c)
Tenant shall surrender the Premises at the end of the term in as good
condition as Tenant obtained the same at the commencement of the term,
reasonable wear and tear excepted.
(d) Tenant shall operate its business as described in Section 7 of this Lease.
(e) Tenant shall pay rent timely as provided in Section 3 of this Lease.
(f) Tenant shall obtain the insurance as required in Section 29 of this Lease.
7. USE OF PREMISES The Premises shall be used for the purpose of
conducting therein the sale of Restaurant serving Greek and Mediterranean
cuisine. Tenant covenants and agrees that at all times during the term hereof,
Tenant will actively conduct such a business in the Premises, keep the Premises
amply stocked with good and fresh merchandise and keep the Premises open for
business during the customary business hours of 10:00 a.m. to 6:00 p.m. (not less
than eight (8) hours per day, Monday through Saturday) of the Building as
established or as may be amended by Landlord and (ii) the Premises shall be used
only for such purpose. The Building will be closed for the following Holidays or as
observed: New Year's Day, Memorial Day, Labor Day, Thanksgiving Day and
Christmas Day. Nothing herein shall require the City of Roanoke to open the
Building outside of the above designated hours. The Premises shall not be used for
any other purpose without the written permission of Landlord. Tenant shall not
open the Building to the public outside of the customary business hours or on the
Holidays stated above.
8. EXCLUSIVITY Tenant operates a restaurant serving Greek and
Mediterranean cuisine as outlined in attached menu noted as Exhibit"C". Tenant
must obtain written approval of Landlord before adding any item, other than soft
drink beverages, to its menu and shall pay a $100 per item to the Landlord if
Tenant does not obtain such approval. If menu changes persist beyond thirty (30)
days without the written approval of the Landlord the tenant is thereby in default of
its Lease. Landlord and Tenant acknowledge that it is the intent of the parties that
current and prospective tenants of the Building not be allowed to market products
that would impair the sales of the other tenants of the Building. Accordingly,
Landlord agrees not to lease to tenants selling similar food, cuisine or fare as
existing tenants of the Market Building, as determined in the sole discretion of the
Landlord, or which will in the opinion of the Landlord be inconsistent with the
intended uses of the Building. Tenant further agrees not to market any product
that would impair a current Tenant's sales. Tenant acknowledges and agrees that if
there is any disagreement over whether any item sold byatenant is an item sold by
another tenant of the Building that would impair Tenant's sales, such dispute shall
be determined and resolved in the Landlord's sole discretion.
9. ASSIGNMENT AND SUBLETTING Tenant shall not voluntarily or
involuntarily assign this Lease in whole or in part, nor sublet all or any part of the
Premises without following the procedures detailed herein and obtaining the prior
written consent of Landlord, in Landlord's sole discretion. The consent by Landlord
to any assignment or subletting shall not constitute a waiver of the necessity for
such consent in any subsequent assignment or subletting.
In the event that Tenant receives a bona fide written offer from athird party for the
sublease or assignment of the Premises, Tenant shall forthwith notify Landlord in
writing, attaching a copy of such offer, of Tenant's desire to sublet or assign this
Lease upon the terms of such offer, whereupon Landlord shall have thirty (30) days
to accept or reject such assignment or sublease.
10. IMPROVEMENTS Landlord must approve all alterations, redecorations,
or improvements in and to the Premises in writing beforehand. Such alterations,
redecorations, additions, or improvements shall conform to all applicable Building
Codes of the City of Roanoke, federal and state laws, rules and regulations.
11. SURRENDER OF PREMISES At the expiration of the tenancy hereby
created, Tenant shall peaceably surrender the Premises, including all alterations,
additions, improvements, decorations and repairs made thereto (but excluding all
trade fixtures, equipment, signs and other personal property installed by Tenant,
provided that in no event shall Tenant remove any of the following materials or
equipment without Landlord's prior written consent: any free standing signs, any
power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes,
blinds or other window coverings; carpets or other floor coverings; or other similar
building operating equipment and decorations), broom cleaned and in good
condition and repair, reasonable wear and tear excepted. Tenant shall remove all
its property not required to be surrendered to Landlord before surrendering the
Premises and shall repair any damage to the Premises caused thereby. Any
personal property remaining in the Premises at the expiration of the Lease shall be
deemed abandoned by Tenant, and Landlord may claim the same and shall in no
circumstance have any liability to Tenant therefore. If physical alterations were
done by Tenant, Landlord, at its option, may require Tenant to return Premises to
its original condition (condition at occupancy) when Tenant vacates Premises. Upon
termination, Tenant shall also surrender all keys for the Premises to Landlord and, if
applicable, inform Landlord of any combinations of locks or safes in the Premises.
If the Premises are not surrendered at the end of the term as herein above set out,
Tenant shall indemnify Landlord against loss or liability resulting from delay by
Tenant in so surrendering the Premises, including without limitation, claims made
by the succeeding Tenant founded on such delay. Tenant's obligation to observe or
perform this covenant shall survive the expiration or other termination of the term
of this Lease.
~ 2. INSPECTION Tenant will permit Landlord, or its representative, to enter
the Premises, upon reasonable notice to Tenant, without charge thereof to Landlord
and without diminution of the rent payable by Tenant, to examine, inspect and
protect the same, and to make such alterations and/or repairs as in the judgment
of Landlord may be deemed necessary, or to exhibit the same to prospective
Tenants during the last one hundred twenty (120) days of the term of this Lease.
13. INSOLVENCY OR BANKRUPTCY OF TENANT In the event Tenant makes
an assignment for the benefit of creditors, or a receiver of Tenant's assets is
appointed, or Tenant files a voluntary petition in any bankruptcy or insolvency
proceeding, or an involuntary petition in any bankruptcy or insolvency proceeding is
filed against Tenant and the same is not discharged within sixty (60) days, or
Tenant is adjudicated as bankrupt, Landlord shall have the option of terminating
this Lease. Upon such written notice being given by Landlord to Tenant, the term
of this Lease shall, at the option of Landlord, end and Landlord shall be entitled to
immediate possession of the Premises and to recover damages from Tenant in
accordance with the provisions of Article 17 hereof.
14. TRANSFER OF LANDLORD'S INTEREST Landlord shall have the right to
convey, transfer or assign, by sale or otherwise, all or any part of its ownership
interest in the property, including the Premises, at any time and from time to time
and to any person, subject to the terms and conditions of this Lease. All covenants
and obligations of Landlord under this Lease shall cease upon the execution of such
conveyance, transfer or assignment, but such covenants and obligations shall run
with the land and shall be binding upon the subsequent owner(s) thereof or of this
Lease during the periods of their ownership thereof.
15. ESTOPPEL CERTIFICATE Tenant agrees, at any time, and from time to
time, upon not less than ten (10) days' prior notice by Landlord, to execute,
acknowledge and deliver to Landlord, a statement in writing addressed to Landlord
or other party designated by Landlord certifying that this Lease is in full force and
effect (or, if there have been modifications, that the same is in full force and effect
as modified and stating the modifications), stating the actual commencement and
expiration dates of the Lease, stating the dates to which rent, and other charges, if
any, have been paid, that the Premises have been completed on or before the date
of such certificate and that all conditions precedent to the Lease taking effect have
been carried out, that Tenant has accepted possession, that the Lease term has
commenced, Tenant is occupying the Premises and is open for business, and
stating whether or not there exists any default by either party contained in this
Lease, and if so specifying each such default of which the signer may have
knowledge and the claims or offsets, if any, claimed by Tenant; it being intended
that any such statement delivered pursuant hereto may be relied upon by Landlord
or a purchaser of Landlord's interest and by any mortgagee or prospective
mortgage of any mortgage affecting the Premises. If Tenant does not deliver such
statement to Landlord within such ten (10) day period, Landlord may conclusively
presume and rely upon the following facts: (i) that the terms and provisions of this
Lease have not been changed except as otherwise represented by Landlord; (ii) that
this Lease has not been canceled or terminated except as otherwise represented by
Landlord; (iii) that not more than one (1) month's minimum rent or other charges
have been paid in advance; and (iv) that Landlord is not in default under the Lease;
and (v) no disputes exist. In such event Tenant shall be estopped from denying the
truth of such facts. Tenant shall also, on ten (10) days' written notice, provide an
K:\LEASING\2006 DOCUMENTS\ZORB~, LEASE.DOC
agreement in favor of and in the form customarily used by such encumbrance
holder, by the terms of which Tenant will agree to give prompt written notice to any
such encumbrance holder in the event ofanycasualtydamage to the Premises or in
the event of any default on the part of Landlord under this Lease, and will agree to
allow such encumbrance holder a reasonable length of time after notice to cure or
cause the curing of such default before exercising Tenant's right of self~help under
this Lease, if any, or terminating or declaring a default under this Lease.
16. DAMAGE TO THE PREMISES If the Building orthe Premises shall be partially
damaged by fire or other cause without the fault or neglect of Tenant, its agents,
employees or invitees, Landlord shall diligently and as soon as practicable after
such damage occurs repair such damage at the expense of Landlord, provided,
however, that if the Building is damaged by fire or other cause to such extent that
the damage cannot be fully repaired within ninety (90) days from the date of such
damage, Landlord or Tenant, upon written notice to the other, may terminate this
Lease, in which event the rent shall be apportioned and paid to the date of such
damage. During the period that Tenant is deprived of the use of the damaged
portion of Premises, Tenant shall be required to pay rental covering only that part
of the Premises that Tenant is able to occupy, and Rent for such occupied space
shall be the total rent divided by the square foot area of the Premises and
multiplied by the square foot area that the Tenant is able to occupy.
17. DEFAULT OF TENANT If Tenant shall fail to pay any monthly installment of
Rent and/or as required by this Lease, or shall violate or fail to perform any of the
other conditions, covenants or agreement on its part contained in this Lease and
such failure to pay Rent or such violation or failure shall continue foraperiod often
(10) days after the due date of such payment or after written notice of any such
violation or failure to perform by Tenant, then and in any of such events this Lease
shall, at the option of Landlord, cease and terminate upon at least ten (10) days'
prior written notice of such election to Tenant by Landlord, and if such failure to
pay rent or such violation or failure shall continue to the date set forth in such
notice of termination, then this Lease shall cease and terminate without further
notice to quit or of Landlord's intention to re-enter, the same being hereby waived,
and Landlord may proceed to recover possession under and by virtue of the
provisions of the laws of Virginia, or by such other proceedings, including re-entry
and possession, as may be applicable. If Landlord elects to terminate this Lease,
everything herein contained on the part of Landlord to be done and performed shall
cease without prejudice, however, to the right of Landlord to recover from the
Tenant all rental accrued up to the time of termination or recovery of possession by
Landlord, whichever is later. Should this Lease be terminated before the expiration
of the term of this Lease by reason of Tenant's default as hereinabove provided, or
if Tenant shall abandon or vacate the Premises before the expiration or termination
of the term of this Lease, Landlord shall use its best efforts to relet the Premises on
the best rental terms reasonably available under the circumstances and if the full
rental hereinabove provided shall not be realized by Landlord, Tenant shall be liable
for any deficiency in rent. Any damage or loss of rental sustained by Landlord may
be recovered by Landlord, at Landlord's option, at the time of the relett ng, or in
separate actions from time to time, as such damage shall have been made more
easily ascertainable by successive relettings, or at Landlord's option, may be
deferred until the expiration of the term of this Lease in which event the cause of
action shall not be deemed to have accrued until the date of expiration of such
term. The provisions contained in this paragraph shall not prohibit any claim
Landlord may have against Tenant for anticipatory breach of the unexpired term of
this Lease.
18. CONDEMNATION If any part of the Building or a substantial part of the
Premises shall be taken or condemned by any governmental authority for any public
K:\LEASING\2006 DOCUMENTS\ZORBA LEASE.DOC
or quasi-public use or purpose (including sale under threat of such a taking) then
the term of this Lease shall cease and terminate as of the date when title vests in
such governmental authority, and the annual rental shall be abated on the date
when such title vests in such governmental authority. If less than a substantial part
of the common area of the Premises is taken or condemned by any governmental
authority for any public or quasi-public use or purpose, the rent shall be equitably
adjusted on the date when title vests in such governmental authority and the Lease
shall otherwise continue in full force and effect. Tenant shall have no claim against
Landlord (or otherwise) for any portion of the amount that may be awarded as
damages as a result of any governmental taking or condemnation (or sale under
threat of such taking or condemnation) or for the value of any unexpired term of
the Lease. For purposes of this Article 18, a substantial part ofthe Premises shall
be considered to have been taken if more than fifty percent (50%) of the Premises
are unusable by Tenant.
19. COVENANTS OF LANDLORD Landlord covenants that it has the right to
make this Lease for the term aforesaid, and that if Tenant shall pay the Rent and
perform all of the covenants, terms and conditions of this Lease to be performed by
Tenant, Tenant shall, during the term hereby created, freely, peaceably and quietly
occupy and enjoy the full possession of the Premises without molestation or
hindrance by Landlord or any party claiming through or under Landlord.
20. NO PARTNERSHIP Nothing contained in this Lease shall be deemed or
construed to create a partnership or joint venture of or between the Landlord and
Tenant, or to create any other relationship between the parties hereto other than
that of Landlord and Tenant.
21. BROKER'S COMMISSION Tenant represents and warrants that it has
incurred no claims or finder's fees in connection with the execution of this Lease.
22. NOTICES All notices or other communications hereunder shall be in writing
and shall be deemed duly given if delivered in person or by certified or registered
mail, return receipt requested, first-class postage prepaid, (i) if to Landlord at City
of Roanoke, 111 Franklin Road, Suite 200, Roanoke, Virginia 24011, Attention:
Director of Economic, and (ii) if to Tenant, at 3647 Parkwood Drive, Roanoke,
Virginia 24018-4447, unless notice ofachange of address is given pursuant to the
provisions of this Article.
23. HOLDING OVER In the event that Tenant shall not immediately surrender
the Premises on the date of expiration of the term hereof, Lease shall automatically
renew itself month to month, at twice the Rent rate for the last year of the Lease
plus all other charges accruing under this Lease, and subject to all covenants,
provisions and conditions herein contained. Landlord and tenant shall both have
the right to terminate the holdover tenancy upon thirty (30) days written notice.
Tenant shall not interpose any counterclaim(s) in a summary proceeding or other
action based on holdover.
24. BENEFIT AND BURDEN The provisions ofthis Lease shall be binding upon,
and shall inure to the benefit of, the parties hereto and each of their respective
representatives, successors and assigns.
25. GENDER AND NUMBER Feminine or neuter pronouns shall be substituted for
those of the masculine form, and the plural shall be substituted for the singular
number, in any place or places herein in which the context may require such
substitution.
26. ENTIRE AGREEMENT This Lease, together with any exhibits attached
hereto, contains and embodies the entire agreement of the parties hereto, and
representations, inducements or agreements, oral or otherwise, between the parties
not contained in this Lease and exhibits, shall not be of any force or effect. This
Lease may not be modified, changed or terminated in whole or in part in any
manner other than by an agreement in writing duly signed by both parties hereto.
27. INVALIDITY OF PARTICULAR PROVISIONS if any provision of this Lease or
the application thereof to any person or circumstances shall to any extent be invalid
or unenforceable, the remainder of this Lease, or the application of such provisions
to persons or circumstances other than those as to which it is invalid or
unenforceable, shall not be affected thereby, and each provision of this Lease shall
be valid and be enforced to the fullest extent permitted by law.
28. HAZARDOUS SUBSTANCES Tenant covenants and warrants that Tenant,
and Tenant's use of Premises and any alterations thereto will at all times comply
with and conform to all laws, statues, ordinances, rules and regulations of any
governmental, quasi-governmental or regulatory authorities ("Laws") which relate to
the transportation, storage, placement handling, treatment, discharge, generation,
removal production or disposal (collectively "Treatment") of any waste petroleum
product, waste products, radioactive waste, Polychlorinated Biphenyls (PCB),
asbestos, lead-based paint, or other hazardous materials of any kind, and any
substance which is regulated by any law, statute, ordinance, rule or regulation
(collectively "Waste"). Tenant further covenants and warrants that it will not engage
in or permit any person or entity to engage in any Treatment of any Waste on or
which affects the Premises.
Immediately upon receipt of any Notice (as hereinafter defined) from any person or
entity, Tenant shall deliver to Landlord a true, correct and complete copy of any
written Notice. "Notice" shall mean any note, notice or report of any suit,
proceedings, investigation, order, consent order, injunction, writ, award or action
related to or affecting or indicating the Treatment of any Waste in or affecting the
Premises.
Tenant hereby agrees it will indemnify, defend, save and hold harmless Landlord
and Landlord's officers, directors, shareholders, employees, agents, partners, and
the respective heirs, successors and assigns (collectively "Indemnified Parties")
against and from, and to reimburse the Indemnified Parties with respect to, any and
all damages, claims, liabilities, loss, costs and expense (including, without
limitation all attorney's fees and expenses, court costs, administrative costs and
costs of appeals), incurred by or asserted against the Indemnified Parties by reason
of or arising out of: (a) the breach of any representation or undertaking of Tenant
under this section or (b) arising out of the Treatment of any waste by Tenant or any
licensee, concessionaire, manager or other party occupying or using the Premises.
Landlord is given the right, but not the obligation, to inspect and monitor the
Premises and Tenant's use of the Premises, including the right to review paperwork
associated with Treatment activities in order to confirm Tenant's compliance with
the terms of this Section. Landlord may require that Tenant deliver to Landlord
concurrent with Tenant's vacating the Premises upon the expiration of this Lease,
or any earlier vacation of the Premises by Tenant, at Tenant's expense, a certified
statement by licensed engineers satisfactory to the Landlord, in form and substance
satisfactory to Landlord, stating that Tenant, and any alterations thereto and
Tenant's use of the Premises complied and conformed to all Laws relating to the
Treatment of any Waste in or affecting the Premises..
Tenant agrees to deliver upon request from Landlord estoppel certificates to
Landlord expressly stipulating whether Tenant is engaged in or has engaged in the
K:\LEASING\2006 DOCUMENTS\ZORBA LEASE DOC
Treatment of any Waste in or affecting the Premises, and whether Tenant has
caused any spill, contamination, discharge, leakage, release or escape of any Waste
in or affecting the Premises, whether sudden or gradual, accidental or anticipated,
or any other nature at or affecting the Premises and whether, to the best of the
Tenant's knowledge, such an occurrence has otherwise occurred at or affecting the
Premises.
29. INSURANCE Prior to the delivery of possession of the Premises to
Tenant, Tenant shall provide Landlord evidence satisfactory to Landlord (i) that fire
and casualty and workers' compensation policies in amount and in form and
content satisfactory to Landlord have been issued by a company or companies
satisfactory to Landlord and will be maintained throughout the course of Tenant's
work at Tenant's cost and expense and (ii) that Tenant has complied with the
comprehensive liability insurance requirements set forth in the following paragraph.
Tenant will, at all times commencing on the date of delivery of possession of the
Premises to Tenant, at its own cost and expense, carry with a company or
companies, satisfactory to Landlord, comprehensive general liability insurance
including public liability and property damage, in a form satisfactory to Landlord,
on the Premises, with the combined single liability limits of not less than One
Million Dollars ($1,000,000.00) per occurrence, which insurance shall be written or
endorsed so as to protect Landlord, its officers, agents and employees as additional
insureds. The Tenant agrees that the above stated limits and coverages are
minimum limits and coverages, and that Tenant shall provide such additional
insurance as set forth above, in such amounts and against such risk as may be
required in the Landlord's sole but reasonable judgment, to equal the amounts and
types of coverages carried by prudent owners and operators of properties similar to
the Building. Tenant shall increase such limits at its discretion or upon reasonable
request of Landlord but not more often than once every year and such increases
shall not be in excess of generally accepted standards in the industry. Tenant
covenants that certificates of all of the insurance policies required under this Lease,
and their renewal or replacement, shall be delivered to Landlord promptly without
demand upon the commencement of the term of this Lease and upon each renewal
of the insurance. Such policy or policies shall also provide that it shall not be
cancelled nor shall there by any change in the scope or amount of coverage of the
policy without thirty (30) days prior written notice to Landlord. If same is not
provided with ten (10) days after demand, Landlord is authorized to secure such
policy from such companies as it deems appropriate and collect from Tenant in
such a manner as it deems appropriate the cost of the premium.
30. SECURITY DEPOSIT Intentionally omitted
31. INDEMNIFICATION Tenant agrees to save and to protect, indemnify and
hold Landlord harmless from and against and to reimburse Landlord from any and
all liabilities, damages, costs, expenses, including, without limitation, reasonable
attorneys' fees, causes of action, suits, claims, demands, or judgments of any
nature whatsoever arising from injury to or death of persons or damages to
property resulting from Tenant's use of the Premises caused by any act or omission,
whether intentional or otherwise, of Tenant or its employees, servants, contractors
or agents.
32. COMPLIANCE WITH LAWS AND REGULATIONS Tenant agrees to and will
complywith all applicable federal, state and local laws, ordinances and regulations.
Tenant acknowledges and agrees that it will dispose of trash and grease in the
containers designated by the Landlord for such disposal and not dispose of such
substances in a manner that would violate applicable federal, state and local laws,
ordinances or regulations.
K:\LEA, SING\2006 DOCUMENTS\ZOR~A LEASE DOC
33. FORUM SELECTION AND CHOICE OF LAW By virtue of entering into this
Lease, Tenant submits itself to a court of competent jurisdiction in the City of
Roanoke, Virginia, and further agrees that this Lease is controlled bythe laws of the
Commonwealth of Virginia and that all claims, disputes, and other matters shall
only be decided by such court according to the laws of the Commonwealth of
Virginia.
34. FORCE MAJEURE In the event that either party hereto shall be delayed or
hindered in or prevented from the performance of any act required hereunder by
reason of strikes, lockouts, labor troubles, inability to procure materials, failure of
power, restrictive governmental laws or regulations, riots, insurrection, war, or
other reason of a like nature not the fault of the party delayed in performing the
work or doing acts required under the terms of this Lease, then the time allowed for
performance for such act shall be extended bya period equivalent to the period of
such delay. The provisions of this Section shall not operate to excuse Tenant from
the prompt payment of rent, Common Area Maintenance Fee or any other payments
required by the terms of this Lease.
35. EQUAL EMPLOYMENT OPPORTUNITY:
Agreement, Tenant agrees as follows:
During the performance of this
(a)
Tenant 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
reasonably necessary to the normal operation of its business. Tenant agrees
to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this nondiscrimination
clause.
(b)
Tenant, in all solicitations or advertisements for employees placed by or on
behalf of Tenant, will state that Tenant is an equal opportunity employer.
(c)
Tenant will include the provisions of the foregoing subsections (a) and (b) in
every contract or purchase order of over ten thousand dollars and no cents
($10,000.00) so that the provisions will be binding upon each contractor or
vendor.
36. DRUG-FREE WORKPLACF:
(a)
During the performance of this Agreement, Tenant agrees to (i) provide a
drug-free workplace for its employees; (ii) 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 the
workplace and specifying the actions that will be taken against employees for
violations of such prohibition; (iii) state in all solicitations or advertisements
for employees placed by or on behalf of Tenant that Tenant maintains a
drug-free workplace; and (iv) include the provisions of the foregoing clauses
in every subcontract or purchase order of over $10,000, so that the
provisions will be binding upon each subcontractor or vendor.
(b)
For the purposes of this section, "drug-free workplace" means a site for the
performance of work done in connection with a specific contract awarded to a
contract awarded to a contractor, the employees of whom are prohibited
from engaging in the unlawful manufacture, sale, distribution, dispensation,
possession or use of any controlled substance or marijuana during the
K:\LEASING\2006 DOCUMENTS\ZORBA LEASE.DOC
10
performance of the Agreement.
37. RULES AND REGULATIONS Tenant agrees to comply and adhere to
Landlord's rules and regulations concerning the Building as stated in the attached
Exhibit "D" attached hereto and made part of this Lease
38. SIGNAGE Tenant agrees to comply and adhere to Landlord's regulations
concerning signage as stated in the attached Exhibit "E" attached hereto and made
part of this Lease.
39. GUARANTY
Intentionally omitted.
Witness Signature
Witness Printed Name
Witness Signature
Witness Printed Name
Witness Signature
Witness Printed Name
Witness Signature
Witness Printed Name
LANDLORD:
CITY OF ROANOKE
By:
Print Name: Darlene Burcham
Title: City Manaqer
TENANT:
Adel Eltawansy d/b/a Zorba's
By:
Print Name: Adel Eltawansy
Title:
K:\LEASING\2006 DOCUMENTS\ZORBA LEASE DOC
EXHIBIT A
FLOOR PLAN
12
EXHIBIT B
COMMON AREAS FLOOR PLAN
Attach here
K:\LEASING\2006 DOCUMENTS\ZORBA LF~,SE.DOC
EXHIBIT C
MENU
Attach here if Food Court Tenant
TO BE PROVIDED BY TENANT
K:\LEASING\2006 DOCUMENTS\ZOR~]A LEASE DOC
10.
11.
EXHIBIT D
RULES AND REGULATIONS
All trash must be kept in a covered container, or if requested by Landlord,
in a Dumpster or similar container furnished and serviced at Tenant's
expense.
Tenant shall keep lights on in show windows, leased food court space and
lights on under marquee, if any, from 10:00 a.m. until 6:00 p.m.
Tenant agrees to handle all deliveries and refuse through the Salem
Avenue entrance (if one) of the Premises.
No sign shall be permanently affixed to the plate glass of any window
without prior written consent of Landlord.
No solicitation material shall be displayed inside the building or affixed to
the exterior of the building.
Tenant shall keep Premise's, windows and window frames clean (inside and
out) at all times and wash them weekly.
Tenant shall keep Premises' floors free of trash, chewing gum and other
debris, and shall scrub and wax all tile or plastic flooring at least weekly.
Tenant is responsible for the replacement of light bulbs in its space
Tenant is responsible for the replacement of air-filters and the monthly
maintenance of their exhaust fans in its Premises by a licensed contractor
on a basis predetermined by the Landlord.
Tenant shall be responsible for breaking down and having all cardboard
boxes ready for pick up.
(Applies only to Food Court Vendors) Providing the availability of space for
the purpose of storage, Landlord will allocate equally among all food
vendors a set amount of space for the storage of a freezer or a
refrigerator, food items and paper products. Items must be stored in
accordance with Health and Fire codes. No restaurant equipment (unused
or in disrepair) is to be stored in the area under any circumstances. Any
prohibited items stored in this area will be removed at Tenant's expense.
Tenant's not maintaining their own storage space per Health and Fire code
requirements will be assessed a $100.00 fee per occurrence. If a Tenant's
space is in violation more than three times in a given year, Landlord will
rescind Tenant's option to use available space.
K:\LEASINC\2006 DOCUM£NTS\ZORBA LEASE DOC
EXHIBIT E
SIGN REGULATION
No sign, advertisement or notice shall be inscribed, painted, affixed or displayed
on walls, windows, or any part of the outside or the inside of the Building except
on the awnings, directories, and then only in such place, number, size, color and
style as it approved Landlord. If Tenant nevertheless exhibits such sign,
advertisement or notice, Landlord shall have the right to remove the same and
Tenant shall be liable for any and all expenses incurred by Landlord by such
removal. Tenant further agrees to maintain such sign, awning, canopy,
decoration, lettering, advertising matter or other thing as may be approved in
good condition and repair at all times. Landlord shall have the right to prohibit
any advertisement of Tenant which in its opinion tends to impair the reputation
of the Building or its desirability as a high-quality festival marketplace for retail
stores or food related businesses, other institutions of like nature, and, upon
written notice from Landlord, Tenant shall immediately refrain from and
discontinue any such advertisement.
16
EXHIBIT F
GUARANTY
PERSONAL GUARANTEE
INTENTIONALLY OMITTED
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
MARY F. PARKER
CITY OF ROANOKE CLERK'S OFFICE
215 CHURCH AVE SW RM 456
NOEL C. TAYLOR MUNICIPAL BLDG.
ROANOKE VA 24011
REFERENCE: 32143302
09400867
State of Virginia
City of Roanoke
NOTICEOFPUBLICHEARiN
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Vir inia. Sworn and subscribed before me this
_~_~_day of Ja nuary 2006. Witness mY hand and
official seal.
~9_~ 0 Notary Public
PUBLISHED 0N: 01/27
Code of V
~ven that the
the Cl
TOTAL COST: 154.56
FILED ON: 01/27/06
Signature:
Billing Services Represe~,ative
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to lease approximately 210 square feet of space of City-
owned property located in the Roanoke City Market Building, located at 32 Market Square, to
Adel Eltawansy to be used as a food service establishment, for a three year term.
Pursuant to the requirements of§§l 5.2-1800 and 1813, Code of Virginia (1950) as amended,
notice is hereby given that the City Council of the City of Roanoke will hold a public heating on the
above matter at its regular meeting to be held on February 6, 2006, conunencing at 2:00 p.m., in the
Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W.,
Roanoke, Virginia, 24011. Further information is available from the Office of the City Clerk for the
City of Roanoke at (540) 853-2541.
Citizens shall have the opportunity to be heard and express their opinions on said matter.
If you are a person with a disability who needs accommodations for this heating, please
contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, February 2
2006. '
GIVEN under my hand this 24th day of January, 2006.
Mary F. Parker, City Clerk.
Note to Publisher:
Please publish once in The Roanoke Times on Friday, January27, 2006.
Send Publisher's Affidavit and Bill to:
Mary F. Parker, City Clerk
456, Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
C:~DOCUME-l\CLLClXLOCALS_l\TEMPhNOTESFFF6922qOTiCEZORBA.DOC
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC Stephanie M. Moon, CMC
City Clerk Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Februa~ 9,2006
File #42-166-373
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 37289-020606 authorizing execution of a
lease agreement with David Z. Estrada, Owner, Chico's Big Lick Pizza, for the lease
of approximately 680.5 square feet of space located within City-owned property
known as the City Market Building, 32 Market Square, for a term of three years
beginning March 1, 2006 through February 28, 2009, upon certain terms and
conditions, as more fully set forth in aletter from the City Manager addressed to the
Council under date of February 6, 2006.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, February 6, 2006, and is in full force
and effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Attach me nt
L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~,genda correspondence 06~Feb 06~Feb 6 06 correspondence.doc
Darlene L. Burcham
February 8, 2006
Page 2
pc:
David Z. Estrada, Owner, Chico's Big Lick Pizza, 32 Market Square, S. W.,
Roanoke, Virginia 24011
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Office of Management and Budget
R. Brian Townsend, Director, Planning Building and Economic Development
Lisa Poindexter-Plaia, Economic Development Specialist
L:~CLERK~DATA\CKEWI~AGENDA CORRESPONDENCESagenda correspondence 06~Feb 06~:eb 6 06 correspondence.doc
IN THECOUNCILOFTKECITYOF ROANOKE, VIRGINIA,
The 6th day of February, 2006.
No. 37289-020606.
AN ORDINANCE authorizing the lease of approximately 680.5 square feet of space located
within City-owned property known as the City Market Building, located at 32 Market Square, for a
term of three (3) years beginning March 1, 2006, through February 28, 2009; authorizing the
appropriate City officials to execute a lease agreement therefore; and dispensing with the second
reading of this ordinance by title..
WHEREAS, a public hearing was held on February 6, 2006, pursuant to §§ 15.2-180003) and
1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were
afforded an opportunity to be heard on the proposed lease.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are hereby authorized to execute and attest,
respectively, in a form approved by the City Attorney, an agreement with David Z. Eslrada, owner
and operator of Chico's Big Lick Pizza, for the lease of approximately 680.5 square feet of space
located within City-owned property known as the City Market Building, located at 32 Market
Square, for a term of three (3) years beginning March 1, 2006, through February 28, 2009, upon
certain terms and conditions, and as more particularly described in the City Manager's letter to this
Council dated February 6, 2006.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
February 6, 2006
Honorable C. Nelson Harris, Mayor
Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Brenda L. McDaniel, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of Council:
Subject: Market Building Lease
Background:
The City of Roanoke owns the City Market Building located at 32 Market Square,
Roanoke, Virginia 24011. The City of Roanoke began management of the
Building on May 1, 2005, after the former management company, Advantis Real
Estate, terminated the management contract for this property.
David Z. Estrada, owner and operator of Chico's Big Lick Pizza, has requested a
lease agreement for approximately 680.5 square feet to operate a restaurant
serving pizza. The proposed lease agreement is for a three (3) year period,
beginning March 1,2006, through February 28, 2009. The proposed
agreement establishes a base rent rate of the following:
Period Per Square Monthly Rent Annual Rent
Foot Amount Amount
3/1/06 - 8/31/06 $31.85 $1,806.16 $10,836.96
9/1/06 - 2/28/07 $28.00 $1,587.83 $9,527.00
3/1/07 - 2/29/08 $28.84 $1,635.47 $19,625.62
3/1/08 - 2/28/09 $29.71 $1,684.53 $20,214.39
Honorable Mayor and Members of Council
February 6, 2006
Page 2
The initial two six month periods of the proposed rent provides a transition
from the lease rate in Mr. Estrada's previously expired lease into the new per
square foot rent structure that has been identified in the Market Building for
food court tenants. The common area maintenance fee is $400.00 per month
that will increase by 3.00% upon each anniversary of this Lease. Chico's Big
Lick Pizza restaurant has been a tenant of the Market Building since August 1,
] 995. There is no renewal provision in this lease.
Recommended Action:
Authorize the City Manager to execute a lease agreement with David Z. Estrada
d/b/a Chico's Big Lick Pizza, for approximately 680.5 square feet in the City
Market Building located at 32 Market Square, Roanoke, Virginia 24011, for a
period of three (3) years, beginning March 1, 2006, and expiring February 28,
2009. All documents shall be upon form approved by the City Attorney.
DLB:lpp
Respectfully submitted,
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Rolanda Russell, Assistant City Manager
Brian Townsend, Director Planning, Building and Economic Development
David Collins, Assistant City Attorney
Lisa Poindexter-Plaia, Economic Development Specialist
CM06-00014
LEASE
Between
THECITYOFROANOKE
and
David Z. Estrada d/b/a Chico's Big Lick Pizza
K:\LEASING\2006 DOCUMENTS\C]{ICO,S LEASE.DOC
LEASE
INDEX
HEADING
PREMISES
TERM
BASE RENT; ESCALATIONS
COMMON AREA MAINTENANCE
LANDLORD OBLIGATIONS
TENANT'S OBLIGATIONS
USE OF PREMISES
EXCLUSIVITY
ASSIGNMENT AND SUBLE~-flNG
IMPROVEMENTS
SURRENDER OF PREMISES
INSPECTION
INSOLVENCY OR BANKRUPTCY OF TENANT
TRANSFER OF LANDLORD'S INTEREST
ESTOPPEL CERTIFICATE
DAMAGE TO THE PREMISES
DEFAULT OF TENANT
CONDEMNATION
COVENANTS OF LANDLORD
NO PARTNERSHIP
BROKERS COMMISSION
NOTICES
HOLDING OVER
BENEFIT AND BURDEN
GENDER AND NUMBER
ENTIRE AGREEMENT
K:\LEASING\2006 DOCUMENTS\CHICO'S LE~SE, DOC
PAGE
1
1
2
2
3
3
3
4
4
4
5
5
5
S
6
6
6
7
7
7
7
7
7
7
7
INVALIDITY OF PARTICULAR PROVISIONS
HAZARDOUS SUBSTANCES
INSURANCE
SECURITY DEPOSIT
INDEMNIFICATION
COMPLIANCE WITH LAWS AND REGULATIONS
FORUM SELECTION AND CHOICE OF LAW
FORCE MAJEURE
EQUAL EMPLOYMENT OPPORTUNITY
DRUG-FREE WORKPLACE
RULES AND REGULATIONS
SIGNAGE
GUARANTY
7
8
8
9
9
9
9
9
10
10
10
10
11
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Floor Plan
Common Area Floor Plan
Menu
Rules and Regulations
Sign Regulations
Guaranty
K:\LEASING\2006 DOCUMENTS\CHICO'S LEASE. DOC
TI
LEASE
THIS LEASE is made this .... day of ....................2006 by and between the
CITY OF ROANOKE (hereinafter referred to as "Landlord"), and David Z. Estrada
d/b/a Chico's Big Lick Pizza, (hereinafter referred to as "Tenant"),
WlTNESSETH:
In consideration of the mutual agreements hereinafter set forth, the parties hereto
mutually agree as follows:
1. PREMISES Landlord hereby leases to Tenant and Tenant hereby leases from
Landlord, for the term and upon the conditions hereinafter provided, a section of
the building known as the Roanoke City Market Building (herein referred to as the
"Building") located at 32 Market Square, Stall #116 and 133, Roanoke, Virginia
24011, as is delineated on Exhibit "A" hereto, which is hereafter referred to as the
"Premises." The Premises consists of approximately 680.5 square feet of space.
2. TERM The term of this Lease shall commence on March 1, 2006
("Commencement Date") and shall expire at 11:59 o'clock p.m. on February 28,
2009. A key will be given to Tenant upon execution of the Lease.
3. BASE RENT; ESCALATIONS The base rent for the first year of the term
shall be based on cost per square foot. Tenant shall pay as base rent for the
Premises for each year of the Lease according to the followinc schedule:
Period Per Square Monthly Rent ~ Annual Rent
Foot Amount Amount
3/1/06 to 8/31/06 $31.85 $1,806.16 $10,836.96
9/1/06 to 2/28/07 $28.00 $1,587.83 $9,527.00
3/1/07 to 2/29/08 $28.84 $1,635.47 $19,625.62
3/1/08 to 2/28/09 $29.71 $1,684.53 $20,214.39
If the Commencement Date is other than the first dayofthe month, the first year of
the Lease term shall be deemed to be extended to include such partial month and
the following twelve (12) months, so as to end on the last day of the month. In the
event the Commencement Date is other than the first day of a calendar month, the
Base Rent ("Rent") (as well as the Common Area Maintenance Fee provided
hereunder) for the portion of the then current calendar month shall be prorated on
the basis of a thirty (30) day month and shall be paid immediately upon the
commencement of the Term.
On the first anniversary of the Lease, and upon each successive anniversary
thereafter, the monthly rent for the next twelve (12) months shall be increased by
three percent (3%) of the previous year's monthly rental.
Rent shall be paid monthly. The first monthly payment shall be made at the time of
execution of this Lease by the parties; the second and all subsequent monthly
payments shall be made on the first day of each and every calendar month during
the term. Any monthly payment of rent which is not received by Landlord by the
end of the fifth (Sth) day of the month shall be assessed a late charge in the
amount of five percent (5%) of such total monthly rent payment. All delinquent
rent, and other charges due under this Lease shall accrue interest at a rate equal to
the current prime rate, as established by the United States Government, plus two
percent (2%) per month or the maximum amount permitted by law, from the due
date of such payment and shall constitute additional rent payable by Tenant under
this Lease and shall be paid by Tenant to Landlord upon demand. Payment shall
K:\LEASING\2006 DOCUMENTS\CHICO'S LEASE DOC
not be deemed as received if Tenant's payment is not actually collected (such as
payment by insufficient funds check). Tenant shall pay rent to Landlord at City of
Roanoke, 111 Franklin Road, Suite 200, Roanoke, Virginia 24011, Attention:
Director of Economic Development, or to such other party or at such other address
as Landlord may designate from time to time by written notice to Tenant, without
demand. Checks shall be made payable to Treasurer, City of Roanoke.
4. COMMON AREA MAINTENANCE Tenant agrees to pay Landlord, as
additional rental, Tenant's proportionate share of the costs ("Common Area
Maintenance Fee") of maintaining, operating, repairing, replacing and insuring the
"Common Areas" defined herein.
The Common Area Maintenance Fee for this lease will be a flat fee charge of Four
Hundred Dollars ($400.00) per month. These fees will increase by three (3%)
percent upon each anniversary of this Lease.
The term "Common Area Maintenance Fee" includes all costs and expenses of every
kind and nature paid or incurred by Landlord in operating, managing, equipping,
policing, lighting, repairing, replacing items in the Building and maintaining the
Building. Such costs and expenses will include, but not be limited to, the following:
(a)
(b)
(c)
(d)
(e)
(f~
(g)
(h)
(i)
(j)
(k)
(I)
(m)
(n)
(o)
utilities (electric, gas, waste removal, water and sewer charges, storm water
charges; individual telephone service is specifically excluded),
insurance premiums for public liability and property damage for the
Building(excluding Tenant's Premises)
maintenance costs of heating, ventilating and air conditioning,
insect and rodent treatment,
snow and ice removal,
electrical and plumbing repairs in the Common Areas of the Building,
management costs and repairs to the structure of Building which includes
roof and wall repairs, foundations, sprinkler systems, utility lines, sidewalks
and curbs,
security camera systems,
lighting,
sanitary control, drainage, collection of rubbish and other refuse,
costs to remedy and/or comply with governmental and/or environmental and
hazardous waste matters(excluding Tenant's Premises)
repair and installation of equipment for energy saving or safety purposes,
reserves for future maintenance and repair work (which Tenant hereby
authorize Landlord to use as necessary),
depreciation on equipment and machinery used in maintenance, costs of
personnel required to provide such services,
all costs and expenses associated with Landlord's obligation to repair and
maintain and such other items of cost and expense which are relatable to
proper maintenance of the Building and its Common Areas.
The "Common Areas" are defined as all areas and spaces in the Building and
equipment in the Building, as further shown on the attached Exhibit B provided by
Landlord for common or joint use and benefit of the tenants of the Building, their
employees, agents, servants, customers and invitees. The Common Areas further
include, without limitation, roofs, walls, vacant areas, food court, elevator(s),
restrooms, stairways, walkways, ramps, foundations, signs (excluding Tenant's
signage), security cameras, lighting fixtures and equipment, and the facilities
appurtenant to each of the aforesaid, and any other facilities maintained for the
benefit of the Building. Landlord shall have the right to modify the Common Areas
from time to time as deemed reasonable by Landlord.
5. LANDLORD'S OBLIGATIONS Landlord hereby agrees to provide and be
K:\LEASING\2006 DOCUMENTS\CHICO'S LEASE,DOC
responsible for the following:
(a)
make all structural and capital repairs and replacements to items in the
Building and to the Common Areas, as defined above, and to maintain the
Building and its Common Areas. Structural and capital repairs and
replacements are defined as repairs or replacements which include but are
not limited to repairs or replacements to the roof, elevators, electrical wiring,
heating and air conditioning systems, toilets, water pipes, gas, plumbing,
other electrical fixtures and the exterior and interior walls. Structural and
capital repairs to Tenant's Premises are specifically excluded.
(b)
pay for the cost of Tenant's utilities (gas, electric, heating, water, telephone
service specifically excluded) and all other services identified through use of
funds from the Common Area Maintenance Fee described above.
(c) provide a key to Tenant upon execution of the Lease Agreement,
6. TENANT'S OBLIGATIONS Tenant, at its sole cost and expense, agrees to
provide and be responsible for the following, in addition to its other responsibilities
pursuant to this Lease.
(a)
Tenant shall keep and maintain the Premise in good repair, condition and
appearance during the term of this Lease, ordinary wear and tear excepted,
and not use any part of the Premises or the Common Areas of the Building in
a negligent manner.
(b)
Tenant shall take good care of the Premises, its fixtures, and appurtenances
and suffer no waste or injury thereto, and shall pay for all repairs and
replacements to the Premises, necessitated by Tenant's actions, whether
capital, structural as defined above, or otherwise.
(c)
Tenant shall surrender the Premises at the end of the term in as good
condition as Tenant obtained the same at the commencement of the term,
reasonable wear and tear excepted.
(d) Tenant shall operate its business as described in Section 7 of this Lease.
(e) Tenant shall pay rent timely as provided in Section 3 of this Lease.
(f) Tenant shall obtain the insurance as required in Section 29 of this Lease.
7. USE OF PREMISES The Premises shall be used for the purpose of
conducting therein the sale of Restaurant serving Pizza cuisine. Tenant covenants
and agrees that at all times during the term hereof, Tenant will actively conduct
such a business in the Premises, keep the Premises amply stocked with good and
fresh merchandise and keep the Premises open for business during the customary
business hours of 10:00 a.m. to 6:00 p.m. (not less than eight (8) hours per day,
Monday through Saturday) of the Building as established or as may be amended by
Landlord and (ii) the Premises shall be used only for such purpose. The Building will
be closed for the following Holidays or as observed: New Year's Day, Memorial Day,
Labor Day, Thanksgiving Day and Christmas Day. Nothing herein shall require the
City of Roanoke to open the Building outside of the above designated hours. The
Premises shall not be used for any other purpose without the written permission of
Landlord. Tenant shall not open the Building to the public outside of the customary
business hours or on the Holidays stated above.
8. EXCLUSIVITY Tenant operates a restaurant serving Pizza cuisine as
outlined in attached menu noted as Exhibit "C". Tenant must obtain written
3
approval of Landlord before adding any item, other than soft drink beverages, to its
menu and shall paya $100 per item to the Landlord if Tenant does not obtain such
approval. If menu changes persist beyond thirty (30) days without the written
approval of the Landlord the tenant is thereby in default of its Lease.] Landlord
and Tenant acknowledge that it is the intent of the parties that current and
prospective tenants of the Building not be allowed to market products that would
impair the sales of the other tenants of the Building. Accordingly, Landlord agrees
not to lease to tenants selling similar food, cuisine or fare as existing tenants of the
Market Building, as determined in the sole discretion of the Landlord, or which will
in the opinion of the Landlord be inconsistent with the intended uses of the
Building. Tenant further agrees not to market any product that would impair a
current Tenant's sales. Tenant acknowledges and agrees that if there is any
disagreement over whether any item sold by a tenant is an item sold by another
tenant of the Building that would impair Tenant's sales, such dispute shall be
determined and resolved in the Landlord's sole discretion.
9. ASSIGNMENT AND SUBLEI-I-ING Tenant shall not voluntarily or
involuntarily assign this Lease in whole or in part, nor sublet all or any part of the
Premises without following the procedures detailed herein and obtaining the prior
written consent of Landlord, in Landlord's sole discretion. The consent by Landlord
to any assignment or subletting shall not constitute a waiver of the necessity for
such consent in any subsequent assignment or subletting.
In the event that Tenant receives a bona fide written offer from athird party for the
sublease or assignment of the Premises, Tenant shall forthwith notify Landlord in
writing, attaching a copy of such offer, of Tenant's desire to sublet or assign this
Lease upon the terms of such offer, whereupon Landlord shall have thirty (30) days
to accept or reject such assignment or sublease.
10. IMPROVEMENTS Landlord must approve all alterations, redecorations,
or improvements in and to the Premises in writing beforehand. Such alterations,
redecorations, additions, or improvements shall conform to all applicable Building
Codes of the City of Roanoke, federal and state laws, rules and regulations.
11. SURRENDER OFPREMISES At the expiration of the tenancy hereby
created, Tenant shall peaceably surrender the Premises, including all alterations,
additions, improvements, decorations and repairs made thereto (but excluding all
trade fixtures, equipment, signs and other personal property installed by Tenant,
provided that in no event shall Tenant remove any of the following materials or
equipment without Landlord's prior written consent: any free standing signs, any
power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes,
blinds or other window coverings; carpets or other floor coverings; or other similar
building operating equipment and decorations), broom cleaned and in good
condition and repair, reasonable wear and tear excepted. Tenant shall remove all
its property not required to be surrendered to Landlord before surrendering the
Premises and shall repair any damage to the Premises caused thereby. Any
personal property remaining in the Premises at the expiration of the Lease shall be
deemed abandoned by Tenant, and Landlord may claim the same and shall in no
circumstance have any liability to Tenant therefore. If physical alterations were
done by Tenant, Landlord, at its option, may require Tenant to return Premises to
its original condition (condition at occupancy) when Tenant vacates Premises. Upon
termination, Tenant shall also surrender all keys for the Premises to Landlord and, if
applicable, inform Landlord of any combinations of locks or safes in the Premises.
If the Premises are not surrendered at the end of the term as herein above set out,
Tenant shall indemnify Landlord against loss or liability resulting from delay by
Tenant in so surrendering the Premises, including without limitation, claims made
by the succeeding Tenant founded on such delay. Tenant's obligation to observe or
perform this covenant shall survive the expiration or other termination of the term
K:\LEASiNG\2006 DOCUMENTS\CHJCO'S LEASE.DOC
of this Lease.
12. INSPECTION Tenant will permit Landlord, or its representative, to enter
the Premises, upon reasonable notice to Tenant, without charge thereof to Landlord
and without diminution of the rent payable by Tenant, to examine, inspect and
protect the same, and to make such alterations and/or repairs as in the judgment
of Landlord may be deemed necessary, or to exhibit the same to prospective
Tenants during the last one hundred twenty (120) days of the term of this Lease.
13. INSOLVENCY OR BANKRUPTCY OF TENANT In the event Tenant makes
an assignment for the benefit of creditors, or a receiver of Tenant's assets is
appointed, or Tenant files a voluntary petition in any bankruptcy or insolvency
proceeding, or an involuntary petition in any bankruptcy or insolvency proceeding is
filed against Tenant and the same is not discharged within sixty (60) days, or
Tenant is adjudicated as bankrupt, Landlord shall have the option of terminating
this Lease. Upon such written notice being given by Landlord to Tenant, the term
of this Lease shall, at the option of Landlord, end and Landlord shall be entitled to
immediate possession of the Premises and to recover damages from Tenant in
accordance with the provisions of Article 17 hereof.
14. TRANSFER OF LANDLORD'S INTEREST Landlord shall have the right to
convey, transfer or assign, by sale or otherwise, all or any part of its ownership
interest in the property, including the Premises, at any time and from time to time
and to any person, subject to the terms and conditions of this Lease. All covenants
and obligations of Landlord under this Lease shall cease upon the execution of such
conveyance, transfer or assignment, but such covenants and obligations shall run
with the land and shall be binding upon the subsequent owner(s) thereof or of this
Lease during the periods of their ownership thereof.
15. ESTOPPEL CERTIFICATE Tenant agrees, at any time, and from time to
time, upon not less than ten (10) days' prior notice by Landlord, to execute,
acknowledge and deliver to Landlord, a statement in writing addressed to Landlord
or other party designated by Landlord certifying that this Lease is in full force and
effect (or, if there have been modifications, that the same is in full force and effect
as modified and stating the modifications), stating the actual commencement and
expiration dates of the Lease, stating the dates to which rent, and other charges, if
any, have been paid, that the Premises have been completed on or before the date
of such certificate and that all conditions precedent to the Lease taking effect have
been carried out, that Tenant has accepted possession, that the Lease term has
commenced, Tenant is occupying the Premises and is open for business, and
stating whether or not there exists any default by either party contained in this
Lease, and if so specifying each such default of which the signer may have
knowledge and the claims or offsets, if any, claimed by Tenant; it being intended
that any such statement delivered pursuant hereto may be relied upon by Landlord
or a purchaser of Landlord's interest and by any mortgagee or prospective
mortgage of any mortgage affecting the Premises. If Tenant does not deliver such
statement to Landlord within such ten (10) day period, Landlord may conclusively
presume and rely upon the following facts: (i) that the terms and provisions of this
Lease have not been changed except as otherwise represented by Landlord; (ii) that
this Lease has not been canceled or terminated except as otherwise represented by
Landlord; (iii) that not more than one (1) month's minimum rent or other charges
have been paid in advance; and (iv) that Landlord is not in default under the Lea~se;
and (v) no disputes exist. In such event Tenant shall be estopped from denying the
truth of such facts. Tenant shall also, on ten (10) days' written notice, provide an
agreement in favor of and in the form customarily used by such encumbrance
holder, by the terms of which Tenant will agree to give prompt written notice to any
such encumbrance holder in the event ofanycasualtydamage to the Premises or in
the event of any default on the part of Landlord under this Lease, and will agree to
K:\LEASING\2006 DOCUMENTS\CHJCO'S LEASE.DOC
allow such encumbrance holder a reasonable length of time after notice to cure or
cause the curing of such default before exercising Tenant's right of self-help under
this Lease, if any, or terminating or declaring a default under this Lease.
16. DAMAGE TO THE PREMISES If the Building or the Premises shall be partially
damaged by fire or other cause without the fault or neglect of Tenant, its agents,
employees or invitees, Landlord shall diligently and as soon as practicable after
such damage occurs repair such damage at the expense of Landlord, provided,
however, that if the Building is damaged by fire or other cause to such extent that
the damage cannot be fully repaired within ninety (90) days from the date of such
damage, Landlord or Tenant, upon written notice to the other, may terminate this
Lease, in which event the rent shall be apportioned and paid to the date of such
damage. During the period that Tenant is deprived of the use of the damaged
portion of Premises, Tenant shall be required to pay rental covering only that part
of the Premises that Tenant is able to occupy, and Rent for such occupied space
shall be the total rent divided by the square foot area of the Premises and
multiplied by the square foot area that the Tenant is able to occupy.
17. DEFAULT OF TENANT If Tenant shall fail to pay any monthly installment of
Rent and/or as required by this Lease, or shall violate or fail to perform any of the
other conditions, covenants or agreement on its part contained in this Lease and
such failure to pay Rent or such violation or failure shall continue foraperiod often
(10) days after the due date of such payment or after written notice of any such
violation or failure to perform by Tenant, then and in any of such events this Lease
shall, at the option of Landlord, cease and terminate upon at least ten (10) days'
prior written notice of such election to Tenant by Landlord, and if such failure to
pay rent or such violation or failure shall continue to the date set forth in such
notice of termination, then this Lease shall cease and terminate without further
notice to quit or of Landlord's intention to re-enter, the same being hereby waived,
and Landlord may proceed to recover possession under and by virtue of the
provisions of the laws of Virginia, or by such other proceedings, including re-entry
and possession, as may be applicable. If Landlord elects to terminate this Lease,
everything herein contained on the part of Landlord to be done and performed shall
cease without prejudice, however, to the right of Landlord to recover from the
Tenant all rental accrued up to the time of termination or recovery of possession by
Landlord, whichever is later. Should this Lease be terminated before the expiration
of the term of this Lease by reason of Tenant's default as hereinabove provided, or
if Tenant shall abandon or vacate the Premises before the expiration or termination
of the term of this Lease, Landlord shall use its best efforts to relet the Premises on
the best rental terms reasonably available under the circumstances and if the full
rental hereinabove provided shall not be realized by Landlord, Tenant shall be liable
for any deficiency in rent. Any damage or loss of rental sustained by Landlord may
be recovered by Landlord, at Landlord's option, at the time of the reletting, or in
separate actions from time to time, as such damage shall have been made more
easily ascertainable by successive relettings, or at Landlord's option, may be
deferred until the expiration of the term of this Lease in which event the cause of
action shall not be deemed to have accrued until the date of expiration of such
term. The provisions contained in this paragraph shall not prohibit any claim
Landlord may have against Tenant for anticipatory breach of the unexpired term of
this Lease.
18. CONDEMNATION If any part of the Building or a substantial part of the
Premises shall be taken or condemned by any governmental authority for any public
or quasi-public use or purpose (including sale under threat of such a taking) then
the term of this Lease shall cease and terminate as of the date when title vests in
such governmental authority, and the annual rental shall be abated on the date
when such title vests in such governmental authority. If less than a substantial part
of the common area of the Premises is taken or condemned by any governmental
K;\LEAS~NG\2006 DOCUMEN~'S\CHJCO'S L~ASE DOC
authority for any public or quasi-public use or purpose, the rent shall be equitably
adjusted on the date when title vests in such governmental authority and the Lease
shall otherwise continue in full force and effect. Tenant shall have no claim against
Landlord (or otherwise) for any portion of the amount that may be awarded as
damages as a result of any governmental taking or condemnation (or sale under
threat of such taking or condemnation) or for the value of any unexpired term of
the Lease. For purposes ofthis Article 18, a substantial part ofthe Premises shall
be considered to have been taken if more than fifty percent (50%) of the Premises
are unusable by Tenant.
19. COVENANTS OF LANDLORD Landlord covenants that it has the right to
make this Lease for the term aforesaid, and that if Tenant shall pay the Rent and
perform all of the covenants, terms and conditions of this Lease to be performed by
Tenant, Tenant shall, during the term hereby created, freely, peaceably and quietly
occupy and enjoy the full possession of the Premises without molestation or
hindrance by Landlord or any party claiming through or under Landlord.
20. NO PARTNERSHIP Nothing contained in this Lease shall be deemed or
construed to create a partnership or joint venture of or between the Landlord and
Tenant, or to create any other relationship between the parties hereto other than
that of Landlord and Tenant.
21. BROKER'S COMMISSION Tenant represents and warrants that it has
incurred no claims or finder's fees in connection with the execution of this Lease.
22. NOTICES All notices or other communications hereunder shall be in writing
and shall be deemed duly given if delivered in person or by certified or registered
mail, return receipt requested, first-class postage prepaid, (i) if to Landlord at City
of Roanoke, 111 Franklin Road, Suite 200, Roanoke, Virginia 2401 l, Attention:
Director of Economic, and (ii) if to Tenant, at 328 Griffith Lathe, Floyd, VA 24091,
unless notice of a change of address is given pursuant to the provisions of this
Article.
23. HOLDING OVER In the event that Tenant shall not immediately surrender
the Premises on the date of expiration of the term hereof, Lease shall automatically
renew itself month to month, at twice the Rent rate for the last year of the Lease
plus all other charges accruing under this Lease, and subject to all covenants,
provisions and conditions herein contained. Landlord and tenant shall both have
the right to terminate the holdover tenancy upon thirty (30) days written notice.
Tenant shall not interpose any counterclaim(s) in a summary proceeding or other
action based on holdover.
24. BENEFIT AND BURDEN The provisions ofthis Lease shall be binding upon,
and shall inure to the benefit of, the parties hereto and each of their respective
representatives, successors and assigns.
25. GENDER AND NUMBER Feminine or neuter pronouns shall be substituted for
those of the masculine form, and the plural shall be substituted for the singular
number, in any place or places herein in which the context may require such
substitution.
26. ENTIRE AGREEMENT This Lease, together with any exhibits attached
hereto, contains and embodies the entire agreement of the parties hereto, and
representations, inducements or agreements, oral or otherwise, between the parties
not contained in this Lease and exhibits, shall not be of any force or effect. This
Lease may not be modified, changed or terminated in whole or in part in any
manner other than by an agreement in writing duly signed by both parties hereto.
K:¥-EASING\2006 DOCUMENTS\CHICO'S LEASE DOC
27. INVALIDITY OF PARTICULAR PROVISIONS; if any provision of this Lease or
the application thereof to any person or circumstances shall to any extent be invalid
or unenforceable, the remainder of this Lease, or the application of such provisions
to persons or circumstances other than those as to which it is invalid or
unenforceable, shall not be affected thereby, and each provision of this Lease shall
be valid and be enforced to the fullest extent permitted by law.
28. HAZARDOUS SUBSTANCES Tenant covenants and warrants that Tenant,
and Tenant's use of Premises and any alterations thereto will at all times comply
with and conform to all laws, statues, ordinances, rules and regulations of any
governmental, quasi-governmental or regulatory authorities ("Laws")which relate to
the transportation, storage, placement handling, treatment, discharge, generation,
removal production or disposal (collectively "Treatment") of any waste petroleum
product, waste products, radioactive waste, Polychlorinated Biphenyls (PCB),
asbestos, lead-based paint, or other hazardous materials of any kind, and any
substance which is regulated by any law, statute, ordinance, rule or regulation
(collectively "Waste"). Tenant further covenants and warrants that it will not engage
in or permit any person or entity to engage in any Treatment of any Waste on or
which affects the Premises.
Immediately upon receipt of any Notice (as hereinafter defined) from any person or
entity, Tenant shall deliver to Landlord a true, correct and complete copy of any
written Notice. "Notice" shall mean any note, notice or report of any suit,
proceedings, investigation, order, consent order, injunction, writ, award or action
related to or affecting or indicating the Treatment of any Waste in or affecting the
Premises.
Tenant hereby agrees it will indemnify, defend, save and hold harmless Landlord
and Landlord's officers, directors, shareholders, employees, agents, partners, and
the respective heirs, successors and assigns (collectively "Indemnified Parties")
against and from, and to reimburse the Indemnified Parties with respect to, any and
all damages, claims, liabilities, loss, costs and expense (including, without
limitation all attorney's fees and expenses, court costs, administrative costs and
costs of appeals), incurred by or asserted against the Indemnified Parties by reason
of or arising out of: (a) the breach of any representation or undertaking of Tenant
under this section or (b) arising out of the Treatment of anywaste byTenant or any
licensee, concessionaire, manager or other party occupying or using the Premises.
Landlord is given the right, but not the obligation, to inspect and monitor the
Premises and Tenant's use of the Premises, including the right to review paperwork
associated with Treatment activities in order to confirm Tenant's compliance with
the terms of this Section. Landlord may require that Tenant deliver to Landlord
concurrent with Tenant's vacating the Premises upon the expiration of this Lease,
or any earlier vacation of the Premises by Tenant, at Tenant's expense, a certified
statement by licensed engineers satisfactory to the Landlord, in form and substance
satisfactory to Landlord, stating that Tenant, and any alterations thereto and
Tenant's use of the Premises complied and conformed to all Laws relating to the
Treatment of any Waste in or affecting the Premises..
Tenant agrees to deliver upon request from Landlord estoppel certificates to
Landlord expressly stipulating whether Tenant is engaged in or has engaged in the
Treatment of any Waste in or affecting the Premises, and whether Tenant has
caused any spill, contamination, discharge, leakage, release or escape of any Waste
in or affecting the Premises, whether sudden or gradual, accidental or anticipated,
or any other nature at or affecting the Premises and whether, to the best of the
Tenant's knowledge, such an occurrence has otherwise occurred at or affecting the
Premises.
K:\LEASING\2006 DOCUMENTS\CHICO'S LEASE DOC
8
29. INSURANCE Prior to the delivery of possession of the Premises to
Tenant, Tenant shall provide Landlord evidence satisfactory to Landlord (i) that fire
and casualty and workers' compensation policies in amount and in form and
content satisfactory to Landlord have been issued by a company or companies
satisfactory to Landlord and will be maintained throughout the course of Tenant's
work at Tenant's cost and expense and (ii) that Tenant has complied with the
comprehensive liability insurance requirements set forth in the following paragraph.
Tenant will, at all times commencing on the date of delivery of possession of the
Premises to Tenant, at its own cost and expense, carry with a company or
companies, satisfactory to Landlord, comprehensive general liability insurance
including public liability and property damage, in a form satisfactory to Landlord,
on the Premises, with the combined single liability limits of not less than One
Million Dollars ($1,000,000.00) per occurrence, which insurance shall be written or
endorsed so as to protect Landlord, its officers, agents and employees as additional
insureds. The Tenant agrees that the above stated limits and coverages are
minimum limits and coverages, and that Tenant shall provide such additional
insurance as set forth above, in such amounts and against such risk as may be
required in the Landlord's sole but reasonable judgment, to equal the amounts and
types of coverages carried by prudent owners and operators of properties similar to
the Building. Tenant shall increase such limits at its discretion or upon reasonable
request of Landlord but not more often than once every year and such increases
shall not be in excess of generally accepted standards in the industry. Tenant
covenants that certificates of all of the insurance policies required under this Lease,
and their renewal or replacement, shall be delivered to Landlord promptly without
demand upon the commencement of the term of this Lease and upon each renewal
of the insurance. Such policy or policies shall also provide that it shall not be
cancelled nor shall there by any change in the scope or amount of coverage of the
policy without thirty (30) days prior written notice to Landlord. If same is not
provided with ten (10) days after demand, Landlord is authorized to secure such
policy from such companies as it deems appropriate and collect from Tenant in
such a manner as it deems appropriate the cost of the premium.
30. SECURITY DEPOSIT
Intentionally omitted
31. INDEMNIFICATION Tenant agrees to save and to protect, indemnify and
hold Landlord harmless from and against and to reimburse Landlord from any and
all liabilities, damages, costs, expenses, including, without limitation, reasonable
attorneys' fees, causes of action, suits, claims, demands, or judgments of any
nature whatsoever arising from injury to or death of persons or damages to
property resulting from Tenant's use of the Premises caused by any act or omission,
whether intentional or otherwise, of Tenant or its employees, servants, contractors
or agents.
32. COMPLIANCE WITH LAWS AND REGULATIONS Tenant agrees to and will
comply with all applicable federal, state and local laws, ordinances and regulations.
Tenant acknowledges and agrees that it will dispose of trash and grease in the
containers designated by the Landlord for such disposal and not dispose of such
substances in a manner that would violate applicable federal, state and local laws,
ordinances or regulations.
33. FORUM SELECTION AND CHOICE OF LAW By virtue of entering into this
Lease, Tenant submits itself to a court of competent jurisdiction in the City of
Roanoke, Virginia, and further agrees that this Lease is controlled by the laws of the
Commonwealth of Virginia and that all claims, disputes, and other matters shall
only be decided by such court according to the laws of the Commonwealth of
Virginia.
K:\LF~.SING\2006 DOCUMENTS\CHICO'S LE~SE DOC
9
34. FORCE MAJEURE In the event that either party hereto shall be delayed or
hindered in or prevented from the performance of any act required hereunder by
reason of strikes, lockouts, labor troubles, inability to procure materials, failure of
power, restrictive governmental laws or regulations, riots, insurrection, war, or
other reason of a like nature not the fault of the party delayed in performing the
work or doing acts required under the terms of this Lease, then the time allowed for
performance for such act shall be extended bya period equivalent to the period of
such delay. The provisions of this Section shall not operate to excuse Tenant from
the prompt payment of rent, Common Area Maintenance Fee or any other payments
required by the terms of this Lease.
35. EQUAL EMPLOYMENT OPPORTUNITY: During the performance of this
Agreement, Tenant agrees as follows:
(a)
Tenant 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
reasonably necessary to the normal operation of its business. Tenant agrees
to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this nondiscrimination
clause.
(b)
Tenant, in all solicitations or advertisements for employees placed by or on
behalf of Tenant, will state that Tenant is an equal opportunity employer.
(c)
Tenant will include the provisions of the foregoing subsections (a) and (b) in
every contract or purchase order of over ten thousand dollars and no cents
($10,000.00) so that the provisions will be binding upon each contractor or
vendor.
36. DRUG-FREE WORKPLACE:
(a)
During the performance of this Agreement, Tenant agrees to (i) provide a
drug-free workplace for its employees; (ii) 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 the
workplace and specifying the actions that will be taken against employees for
violations of such prohibition; (iii) state in all solicitations or advertisements
for employees placed by or on behalf of Tenant that Tenant maintains a
drug-free workplace; and (iv)include the provisions of the foregoing clauses
in every subcontract or purchase order of over $10,000, so that the
provisions will be binding upon each subcontractor or vendor.
(b)
For the purposes of this section, "drug-free workplace" means a site for the
performance of work done in connection with a specific contract awarded to a
contract awarded to a contractor, the employees of whom are prohibited
from engaging in the unlawful manufacture, sale, distribution, dispensation,
possession or use of any controlled substance or marijuana during the
performance of the Agreement.
37. RULES ANDREGULATIONS Tenant agrees to comply and adhere to
Landlord's rules and regulations concerning the Building as stated in the attached
Exhibit "D" attached hereto and made part of this Lease
38. SIGNAGE Tenant agrees to comply and adhere to Landlord's regulations
K:\L~ASING\2006 DOCUMENTS\CHICO'S LEASE DOC
l0
concerning signage as stated in the attached Exhibit "E" attached hereto and made
part of this Lease.
39. GUARANTY
Intentionally omitted
Witness Signature
Witness Printed Name
Witness Signature
Witness Printed Name
Witness Signature
Witness Printed Name
Witness Signature
Witness Printed Name
LANDLORD:
CITY OF ROANOKE
By:
Print Name: Darlene Burcham
Title: City Manager
TENANT:
David Z. Estrada d/b/a Chico's Big Lick Pizza
By:.
Print Name: David Z. Estrada
Title:
K:\LEASING\2006 DOCUMENTS\CHICO'S LEASE. DOC
EXHIBIT A
FLOOR PLAN
K:\LEASING\2006 DOCUMENTS\CHICO'S LEASE.DOC
EXHIBIT B
COMMON AREAS FLOOR PLAN
Attach here
K:\LEASING\2006 DOCUMENTS\CHICO'S LEASE DOC
13
EXHIBIT C
MENU
Attach here if Food Court Tenant
TO BE PROVIDED BY TENANT
K:\LE~,SING\2006 DOCUMENTS\CHICO'S LEASE DOC
10.
11.
EXHIBIT D
RULES AND REGULATIONS
All trash must be kept in a covered container, or if requested by Landlord,
in a Dumpster or similar container furnished and serviced at Tenant's
expense.
Tenant shall keep lights on in show windows, leased food court space and
lights on under marquee, if any, from 10:00 a.m. until 6:00 p.m.
Tenant agrees to handle all deliveries and refuse through the Salem
Avenue entrance (if one) of the Premises.
No sign shall be permanently affixed to the plate glass of any window
without prior written consent of Landlord.
No solicitation material shall be displayed inside the building or affixed to
the exterior of the building.
Tenant shall keep Premise's, windows and window frames clean (inside and
out) at all times and wash them weekly.
Tenant shall keep Premises' floors free of trash, chewing gum and other
debris, and shall scrub and wax all tile or plastic flooring at least weekly.
Tenant is responsible for the replacement of light bulbs in its space
Tenant is responsible for the replacement of air-filters and the monthly
maintenance of their exhaust fans in its Premises by a licensed contractor
on a basis predetermined by the Landlord.
Tenant shall be responsible for breaking down and having all cardboard
boxes ready for pick up.
(Applies only to Food Court Vendors) Providing the availability of space for
the purpose of storage, Landlord will allocate equally among all food
vendors a set amount of space for the storage of a freezer or a
refrigerator, food items and paper products. Items must be stored in
accordance with Health and Fire codes. No restaurant equipment (unused
or in disrepair) is to be stored in the area under any circumstances. Any
prohibited items stored in this area will be removed at Tenant's expense.
Tenant's not maintaining their own storage space per Health and Fire code
requirements will be assessed a $100.00 fee per occurrence. If a Tenant's
space is in violation more than three times in a given year, Landlord will
rescind Tenant's option to use available space.
K:\LEASING\2006 DOCUMENTS\CHICO'S LEASE DOC
EXHIBIT E
SIGN REGULATION
No sign, advertisement or notice shall be inscribed, painted, affixed or displayed
on walls, windows, or any part of the outside or the inside of the Building except
on the awnings, directories, and then only in such place, number, size, color and
style as it approved Landlord. If Tenant nevertheless exhibits such sign,
advertisement or notice, Landlord shall have the right to remove the same and
Tenant shall be liable for any and all expenses incurred by Landlord by such
removal. Tenant further agrees to maintain such sign, awning, canopy,
decoration, lettering, advertising matter or other thing as may be approved in
good condition and repair at all times. Landlord shall have the right to prohibit
any advertisement of Tenant which in its opinion tends to impair the reputation
of the Building or its desirability as a high-quality festival marketplace for retail
stores or food related businesses, other institutions of like nature, and, upon
written notice from Landlord, Tenant shall immediately refrain from and
discontinue any such advertisement.
K:\LEASING\2006 DOCUMENTS\CHICO'S LEASE DOC
16
EXHIBIT F
GUARANTY
PERSONAL GUARANTEE
Intentionally omitted
K:\LEASING\2006 DOCUMENTS\CH~CO'S LEASE.DOC
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
................................................ + ........................
MARY F. PARKER
CITY OF ROANOKE CLERK'S OFFICE
215 CHURCH AVE SW RM 456
NOEL C. TAYLOR MUNICIPAL BLDG.
ROANOKE VA 24011
REFERENCE: 32143302
09400979
NOTICEOFPUBLICHEARIN
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
_V~_~g~nia. Sworn and subscribed before me this
~t__day of January 2006. Witness my hand and
~ ~ ~J~ 0°~fficial seal. ~
~--~z-~--~-~___~__zL=~___ ~ t~ary Public
My comm~ssion expi~esV__~_~_~
PUBLISHED 9N: 01/27
TOTAL COST: 154.56
FILED ON: 01/31/06
Authorized / ~
Signature:_~__ __,
Billing Services Represe~ative
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to lease approximately 680.5 square feet of space of City-
owned property located in the Roanoke City Market Building, located at 32 Market Square, to
David Estrada to be used as a food service establishment, for a three year term.
Pursuant to the requirements of§§ 15.2-1800 and 1813, Code of Virginia (1950) as amended,
notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the
above matter at its regular meeting to be held on February 6, 2006, commencing at 2:00 p.m., in the
Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Chumh Avenue, S.W.,
Roanoke, Virginia, 24011. Further information is available from the Office of the City Clerk for the
City of Roanoke at (540) 853-2541.
Citizens shall have the opportunity to be heard and express their opinions on said matter.
If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, February 2
2006. '
G1VEN under my hand this 24th day of January, 2006.
Mary F. Parker, City Clerk.
Note to Publisher:
Please publish once in The Roanoke Times on Friday, January 27, 2006.
Send Publisher's Affidavit and Bill to:
Mary F. Parker, City Clerk
456, Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
C 5DOCUME- 1 \CLLC 1 ~LOCALS- 1 \TEMPLNOTESFFF692hNOTiCECHiCO.DOC
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC Stephanie M. Moon, CMC
City Clerk Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
February 9, 2006
File #42-166-373
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 37290-020606 authorizing execution of a
lease agreement with Georgia Raines, Owner, Nuts n Sweet Things/LicketySplit, for
the lease of approximately 290 square feet of space located within City-owned
property known as the City Market Building, 32 Market Square, for a term of three
years beginning March 1, 2006 through February 28, 2009, upon certain terms and
conditions, as more fully set forth in a letter from the City Manager addressed to the
Council under date of February 6, 2006.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, February 6, 2006, and is in full force
and effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06\Feb 06\Feb 6 06 correspondence.doc
Darlene L. Burcham
February 8, 2006
Page 2
pc:
Georgia Raines, Owner, Nuts n Sweet Things/Lickety Split, 32 Market
Square, S.W.,#125, Roanoke, Virginia 2401!
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Office of Management and Budget
R. Brian Townsend, Director, Planning Building and Economic Development
Lisa Poindexter-Plaia, Economic Development Specialist
L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06\Feb 06\Feb 6 06 correspondence.doc
IN THE COUNCIL OF THE CiTY OF ROANOKE, VIRGINIA,
The 6th day of February, 2006.
No. 37290-020606.
AN ORDINANCE author/zing the ]ease of approximately 290 square feet of space located
within City-owned properly known as the City Market Building, located at 32 Market Square, for a
lerm of three (3) years beginning March 1, 2006, through February 28, 2009; authorizing the
appropriate City officials to execute a ]ease agreement therefore; and dispensing with the second
reading ofth/s ordinance by title.
WHEREAS, a public hearing was held on February 6, 2006, pursuant to §§ 15.2-1800(B) and
1813, Code of Virgirfia (1950), as amended, at which hearing all parties in interest and citizens were
afforded an opportunity to be heard on the proposed lease.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are hereby authorized to execute and atlest,
respectively, in a form approved by the City Attorney, an agreement with Georgia Raines, the owner
and operator of Crump d/b/a/Nuts n Sweet Things/Lickety Split, for the lease of approximately 290
square feet of space located within City-owned property known as the City Market Building, located
at 32 Market Square, for a term of three (3) years beginaing March 1, 2006, through February 28,
2009, upon certain terms and conditions, and as more particularly described in the City Manager's
letter to this Council dated February 6, 2006.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
February 6, 2006
Honorable C. Nelson Harris, Mayor
Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Brenda L. McDaniel, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of Council:
Subject: Market Building Lease
Background:
The City of Roanoke owns the City Market Building located at 32 Market Square,
Roanoke, Virginia 24011. The City of Roanoke began management of the
Building on May 1, 2005, after the former management company, Advantis Real
Estate, terminated the management contract for this property.
Georgia Raines Crump, owner and operator of Nuts n Sweet Things/Lickety
Split, has requested a lease agreement for approximately 290 square feet to
operate a restaurant serving sweets, ice cream/frozen yogurt cuisine. The
proposed lease agreement is for a three (3) year period, beginning March 1,
2006, through February 28, 2009. The proposed agreement establishes a base
rent rate of the following:
Period Per Square Monthly Rent Annual Rent
Foot Amount Amount
3/1/06 - 8/31/06 $33.62 $812.48 $4,874.90
9/1/06 - 2/28/07 $28.00 $676.67 $4,060.00
3/1/07 - 2/29/08 $28.84 $696.97 $8,363.60
3/1/08 - 2/28/09 $29.71 $717.88 $8,614.51
Honorable Mayor and Members of Council
February 6, 2006
Page 2
The initial two six month periods of the proposed rent provides a transition
from the lease rate in Ms. Crump's previously expired lease into the new per
square foot rent structure that has been identified in the Market Building for
food court tenants. The common area maintenance fee is $300.00 per month
that will increase by 3.00% upon each anniversary of this Lease. Nuts n Sweet
Things/Lickety Split restaurant has been a tenant of the Market Building since
October 1, 1995. There is no renewal provision in this lease.
Recommended Action:
Authorize the City Manager to execute a lease agreement with Georgia Raines
Crump d/b/a Nuts n Sweet Things/Lickety Split, for approximately 290 square
feet in the City Market Building located at 32 Market Square, Roanoke, Virginia
2401 ~, for a period of three (3) years, beginning March 1, 2006, and expiring
February 28, 2009. All documents shall be upon form approved by the City
Attorney.
Respectfully submitted,
DLB:lpp
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Rolanda Russell, Assistant City Manager
Brian Townsend, Director Planning, Building and Economic Development
David Collins, Assistant City Attorney
Lisa Poindexter-Plaia, Economic Development Specialist
CM06-00017
LEASE
Between
THE CITY OF ROANOKE
and
Georgia Raines Crump d/b/a Nuts n Sweet Things/Lickety Split
LEASE
INDEX
HEADING
PREMISES
TERM
BASE RENT; ESCALATIONS
COMMON AREA MAINTENANCE
LANDLORD OBLIGATIONS
TENANT'S OBLIGATIONS
USE OF PREMISES
EXCLUSIVITY
ASSIGNMENT AND SUBLETTING
I M PROVEM ENTS
SURRENDER OF PREMISES
INSPECTION
INSOLVENCY OR BANKRUPTCY OF TENANT
TRANSFER OF LANDLORD'S INTEREST
ESTOPPEL CERTIFICATE
DAMAGE TO THE PREMISES
DEFAULT OF TENANT
CONDEMNATION
COVENANTS OF LANDLORD
NO PARTNERSHIP
BROKERS COMMISSION
NOTICES
HOLDING OVER
BENEFIT AND BURDEN
GENDER AND NUMBER
ENTIRE AGREEMENT
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INVALIDITY OF PARTICULAR PROVISIONS
HAZARDOUS SUBSTANCES
INSURANCE
SECURITY DEPOSIT
INDEMNIFICATION
COMPLIANCE WITH LAWS AND REGULATIONS
FORUM SELECTION AND CHOICE OF LAW
FORCE MAJEURE
EQUAL EMPLOYMENT OPPORTUNITY
DRUG-FREE WORKPLACE
RULES AND REGULATIONS
SIGNAGE
GUARANTY
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Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Floor Plan
Common Area Floor Plan
Menu
Rules and Regulations
Sign Regulations
Guaranty
TZ
LEASE
THIS LEASE is made this .... day of ....................2006 by and between the
CITY OF ROANOKE (hereinafter referred to as "Landlord"), and Georgia Raines
Crump d/b/a Nuts n Sweet Things/Lickety Split, (hereinafter referred to as
"Tenant"),
WITN ESS ETH:
In consideration of the mutual agreements hereinafter set forth, the parties hereto
mutually agree as follows:
1. PREMISES Landlord hereby leases to Tenant and Tenant hereby leases from
Landlord, for the term and upon the conditions hereinafter provided, a section of
the building known as the Roanoke City Market Building (herein referred to as the
"Building") located at 32 Market Square, Stall #125, Roanoke, Virginia 24011, as is
delineated on Exhibit "A" hereto, which is hereafter referred to as the "Premises."
The Premises consists of approximately 290 square feet of space.
2. TERM The term of this Lease shall commence on March 1, 2006
("Commencement Date") and shall expire at 11:59 o'clock p.m. on February 28,
2009. A key will be given to Tenant upon execution of the Lease.
3. BASE RENT; ESCALATIONS The base rent for the first year of the term
shall be based on cost per square foot. Tenant shall pay as base rent for the
Premises for each fear of the Lease according to the followin¢ schedule:
Period Per Square Monthly Rent ~ Annual Rent
Foot Amount Amount
3/1/06 to 8/31/06 $33.62 $812.44 $4,874.90
9/1/06 to 2/28/07 $28.00 $676.67 $4,060.00
3/1/07 to 2/29/08 $28.84 $696.97 $8,363.60
3/1/08 to 2/28/09 $29.71 $717.88 $8,614.51
If the Commencement Date is other than the first dayofthe month, the first year of
the Lease term shall be deemed to be extended to include such partial month and
the following twelve (12) months, so as to end on the last day of the month. In the
event the Commencement Date is other than the first dayofacalendar month, the
Base Rent ("Rent") (as well as the Common Area Maintenance Fee provided
hereunder) for the portion of the then current calendar month shall be prorated on
the basis of a thirty (30) day month and shall be paid immediately upon the
commencement of the Term.
On the first anniversary of the Lease, and upon each successive anniversary
thereafter, the monthly rent for the next twelve (12) months shall be increased by
three percent (3%) of the previous year's monthly rental.
Rent shall be paid monthly. The first monthly payment shall be made at the time of
execution of this Lease by the parties; the second and all subsequent monthly
payments shall be made on the first day of each and every calendar month during
the term. Any monthly payment of rent which is not received by Landlord by the
end of the fifth (5th) day of the month shall be assessed a late charge in the
amount of five percent (5%) of such total monthly rent payment. All delinquent
rent, and other charges due under this Lease shall accrue interest at a rate equal to
the current prime rate, as established by the United States Government, plus two
percent (2%) per month or the maximum amount permitted by law, from the due
date of such payment and shall constitute additional rent payable by Tenant under
K:\LEASING\2006 DOCUMENTS\NUTS N SWEET THINGS LEASE DOC
this Lease and shall be paid by Tenant to Landlord upon demand. Payment shall
not be deemed as received if Tenant's payment is not actually collected (such as
payment by insufficient funds check). Tenant shall pay rent to Landlord at City of
Roanoke, 111 Franklin Road, Suite 200, Roanoke, Virginia 24011, Attention:
Director of Economic Development, or to such other party or at such other address
as Landlord may designate from time to time by written notice to Tenant, without
demand. Checks shall be made payable to Treasurer, City of Roanoke.
4. COMMON AREA MAINTENANCE- Tenant agrees to pay Landlord, as
additional rental, Tenant's proportionate share of the costs ("Common Area
Maintenance Fee") of maintaining, operating, repairing, replacing and insuring the
"Common Areas" defined herein.
The Common Area Maintenance Fee for this lease will be a flat fee charge of Three
hundred Dollars ($300.00) per month. These fees will increase by three (3%)
percent upon each anniversary of this Lease.
The term "Common Area Maintenance Fee" includes all costs and expenses of every
kind and nature paid or incurred by Landlord in operating, managing, equipping,
policing, lighting, repairing, replacing items in the Building and maintaining the
Building. Such costs and expenses will include, but not be limited to, the following:
(a)
(b)
(c)
(d)
(e)
(g)
(h)
(i)
(.J)
(k)
(I)
(m)
(n)
(o)
utilities (electric, gas, waste removal, water and sewer charges, storm water
charges; individual telephone service is specifically excluded),
insurance premiums for public liability and property damage for the
Building(excluding Tenant's Premises)
maintenance costs of heating, ventilating and air conditioning,
insect and rodent treatment,
snow and ice removal,
electrical and plumbing repairs in the Common Areas of the Building,
management costs and repairs to the structure of Building which includes
roof and wall repairs, foundations, sprinkler systems, utility lines, sidewalks
and curbs,
security camera systems,
lighting,
sanitary control, drainage, collection of rubbish and other refuse,
costs to remedy and/or comply with governmental and/or environmental and
hazardous waste matters(excluding Tenant's Premises)
repair and installation of equipment for energy saving or safety purposes,
reserves for future maintenance and repair work (which Tenant hereby
authorize Landlord to use as necessary),
depreciation on equipment and machinery used in maintenance, costs of
personnel required to provide such services,
all costs and expenses associated with Landlord's obligation to repair and
maintain and such other items of cost and expense which are relatable to
proper maintenance of the Building and its Common Areas.
The "Common Areas" are defined as all areas and spaces in the Building and
equipment in the Building, as further shown on the attached Exhibit B provided by
Landlord for common or joint use and benefit of the tenants of the Building, their
employees, agents, servants, customers and invitees. The Common Areas further
include, without limitation, roofs, walls, vacant areas, food court, elevator(s),
restrooms, stairways, walkways, ramps, foundations, signs (excluding Tenant's
signage), security cameras, lighting fixtures and equipment, and the facilities
appurtenant to each of the aforesaid, and any other facilities maintained for the
benefit of the Building. Landlord shall have the right to modify the Common Areas
from time to time as deemed reasonable by Landlord.
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5. LANDLORD'S OBLIGATIONS
responsible for the following:
Landlord hereby agrees to provide and be
(a)
make all structural and capital repairs and replacements to items in the
Building and to the Common Areas, as defined above, and to maintain the
Building and its Common Areas. Structural and capital repairs and
replacements are defined as repairs or replacements which include but are
not limited to repairs or replacements to the roof, elevators, electrical wiring,
heating and air conditioning systems, toilets, water pipes, gas, plumbing,
other electrical fixtures and the exterior and interior walls. Structural and
capital repairs to Tenant's Premises are specifically excluded.
(b)
pay for the cost of Tenant's utilities (gas, electric, heating, water, telephone
service specifically excluded) and all other services identified through use of
funds from the Common Area Maintenance Fee described above.
(c) provide a key to Tenant upon execution of the Lease Agreement,
6. TENANT'S OBLIGATIONS Tenant, at its sole cost and expense, agrees to
provide and be responsible for the following, in addition to its other responsibilities
pursuant to this Lease.
(a)
Tenant shall keep and maintain the Premise in good repair, condition and
appearance during the term of this Lease, ordinary wear and tear excepted,
and not use any part of the Premises or the Common Areas of the Building in
a negligent manner.
(b)
Tenant shall take good care of the Premises, its fixtures, and appurtenances
and suffer no waste or injury thereto, and shall pay for all repairs and
replacements to the Premises, necessitated by Tenant's actions, whether
capital, structural as defined above, or otherwise.
(c)
Tenant shall surrender the Premises at the end of the term in as good
condition as Tenant obtained the same at the commencement of the term,
reasonable wear and tear excepted.
(d) Tenant shall operate its business as described in Section 7 of this Lease.
(e) Tenant shall pay rent timely as provided in Section 3 of this Lease.
(f) Tenant shall obtain the insurance as required in Section 29 of this Lease.
7. USE OF PREMISES The Premises shall be used for the purpose of
conducting therein the sale of Restaurant serving sweets, ice cream/frozen yogurt
cuisine. Tenant covenants and agrees that at all times during the term hereof,
Tenant will actively conduct such a business in the Premises, keep the Premises
amply stocked with good and fresh merchandise and keep the Premises open for
business during the customary business hours of 10:00 a.m. to 6:00 p.m. (not less
than eight (8) hours per day, Monday through Saturday) of the Building as
established or as may be amended by Landlord and (ii) the Premises shall be used
only for such purpose. The Building will be closed for the following Holidays or as
observed: New Year's Day, Memorial Day, Labor Day, Thanksgiving Day and
Christmas Day. Nothing herein shall require the City of Roanoke to open the
Building outside of the above designated hours. The Premises shall not be used for
any other purpose without the written permission of Landlord. Tenant shall not
open the Building to the public outside of the customary business hours or on the
Holidays stated above.
K:\LEASING\2006 DOCUMENTS\NUTS N SWEET THJNG5 LEASE DOC
8. EXCLUSIVITY Tenant operates a restaurant serving sweets, ice
cream/frozen yogurt cuisine as outlined in attached menu noted as Exhibit "C".
Tenant must obtain written approval of Landlord before adding any item, other than
soft drink beverages, to its menu and shall pay a $100 per item to the Landlord if
Tenant does not obtain such approval. If menu changes persist beyond thirty (30)
days without the written approval of the Landlord the tenant is thereby in default of
its Lease. Landlord and Tenant acknowledge that it is the intent of the parties that
current and prospective tenants of the Building not be allowed to market products
that would impair the sales of the other tenants of the Building. Accordingly,
Landlord agrees not to lease to tenants selling similar food, cuisine or fare as
existing tenants of the Market Building, as determined in the sole discretion of the
Landlord, or which will in the opinion of the Landlord be inconsistent with the
intended uses of the Building. Tenant further agrees not to market any product
that would impair a current Tenant's sales. Tenant acknowledges and agrees that if
there is any disagreement overwhether any item sold byatenant is an item sold by
another tenant of the Building that would impair Tenant's sales, such dispute shall
be determined and resolved in the Landlord's sole discretion.
9. ASSIGNMENT AND SUBLEt-rING Tenant shall not voluntarily or
involuntarily assign this Lease in whole or in part, nor sublet all or any part of the
Premises without following the procedures detailed herein and obtaining the prior
written consent of Landlord, in Landlord's sole discretion. The consent by Landlord
to any assignment or subletting shall not constitute a waiver of the necessity for
such consent in any subsequent assignment or subletting.
In the event that Tenant receives a bona fide written offer from athird party for the
sublease or assignment of the Premises, Tenant shall forthwith notify Landlord in
writing, attaching a copy of such offer, of Tenant's desire to sublet or assign this
Lease upon the terms of such offer, whereupon Landlord shall have thirty (30) days
to accept or reject such assignment or sublease.
10. IMPROVEMENTS Landlord must approve all alterations, redecorations,
or improvements in and to the Premises in writing beforehand. Such alterations,
redecorations, additions, or improvements shall conform to all applicable Building
Codes of the City of Roanoke, federal and state laws, rules and regulations.
11. SURRENDER OFPREMISES At the expiration of the tenancy hereby
created, Tenant shall peaceably surrender the Premises, including all alterations,
additions, improvements, decorations and repairs made thereto (but excluding all
trade fixtures, equipment, signs and other personal property installed by Tenant,
provided that in no event shall Tenant remove any of the following materials or
equipment without Landlord's prior written consent: any free standing signs, any
power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes,
blinds or other window coverings; carpets or other floor coverings; or other similar
building operating equipment and decorations), broom cleaned and in good
condition and repair, reasonable wear and tear excepted. Tenant shall remove all
its property not required to be surrendered to Landlord before surrendering the
Premises and shall repair any damage to the Premises caused thereby. Any
personal property remaining in the Premises at the expiration of the Lease shall be
deemed abandoned by Tenant, and Landlord may claim the same and shall in no
circumstance have any liability to Tenant therefore. If physical alterations were
done by Tenant, Landlord, at its option, may require Tenant to return Premises to
its original condition (condition at occupancy) when Tenant vacates Premises. Upon
termination, Tenant shall also surrender all keys for the Premises to Landlord and, if
applicable, inform Landlord of any combinations of locks or safes in the Premises.
If the Premises are not surrendered at the end of the term as herein above set out,
Tenant shall indemnify Landlord against loss or liability resulting from delay by
Tenant in so surrendering the Premises, including without limitation, claims made
K:\LEASING\2006 DOCUMENTS\NUTS N SWEET TH~NGS LEASE DOC
by the succeeding Tenant founded on such delay. Tenant's obligation to observe or
perform this covenant shall survive the expiration or other termination of the term
of this Lease.
12. INSPECTION Tenant will permit Landlord, or its representative, to enter
the Premises, upon reasonable notice to Tenant, without charge thereof to Landlord
and without diminution of the rent payable by Tenant, to examine, inspect and
protect the same, and to make such alterations and/or repairs as in the judgment
of Landlord may be deemed necessary, or to exhibit the same to prospective
Tenants during the last one hundred twenty (120) days of the term of this Lease.
13. INSOLVENCY OR BANKRUPTCY OF TENANT In the event Tenant makes
an assignment for the benefit of creditors, or a receiver of Tenant's assets is
appointed, or Tenant files a voluntary petition in any bankruptcy or insolvency
proceeding, or an involuntary petition in any bankruptcy or insolvency proceeding is
filed against Tenant and the same is not discharged within sixty (60) days, or
Tenant is adjudicated as bankrupt, Landlord shall have the option of terminating
this Lease. Upon such written notice being given by Landlord to Tenant, the term
of this Lease shall, at the option of Landlord, end and Landlord shall be entitled to
immediate possession of the Premises and to recover damages from Tenant in
accordance with the provisions of Article 17 hereof.
14. TRANSFER OF LANDLORD'S INTEREST Landlord shall have the right to
convey, transfer or assign, by sale or otherwise, all or any part of its ownership
interest in the property, including the Premises, at any time and from time to time
and to any person, subject to the terms and conditions of this Lease. All covenants
and obligations of Landlord under this Lease shall cease upon the execution of such
conveyance, transfer or assignment, but such covenants and obligations shall run
with the land and shall be binding upon the subsequent owner(s) thereof or of this
Lease during the periods of their ownership thereof.
15. ESTOPPEL CERTIFICATE Tenant agrees, at any time, and from time to
time, upon not less than ten (10) days' prior notice by Landlord, to execute,
acknowledge and deliver to Landlord, a statement in writing addressed to Landlord
or other party designated by Landlord certifying that this Lease is in full force and
effect (or, if there have been modifications, that the same is in full force and effect
as modified and stating the modifications), stating the actual commencement and
expiration dates of the Lease, stating the dates to which rent, and other charges, if
any, have been paid, that the Premises have been completed on or before the date
of such certificate and that all conditions precedent to the Lease taking effect have
been carried out, that Tenant has accepted possession, that the Lease term has
commenced, Tenant is occupying the Premises and is open for business, and
stating whether or not there exists any default by either party contained in this
Lease, and if so specifying each such default of which the signer may have
knowledge and the claims or offsets, if any, claimed by Tenant; it being intended
that any such statement delivered pursuant hereto may be relied upon by Landlord
or a purchaser of Landlord's interest and by any mortgagee or prospective
mortgage of any mortgage affecting the Premises. If Tenant does not deliver such
statement to Landlord within such ten (10) day period, Landlord may conclusively
presume and rely upon the following facts: (i) that the terms and provisions of this
Lease have not been changed except as otherwise represented by Landlord; (ii) that
this Lease has not been canceled or terminated except as otherwise represented by
Landlord; (iii)that not more than one (1) month's minimum rent or other charges
have been paid in advance; and (iv) that Landlord is not in default under the Lease;
and (v) no disputes exist. In such event Tenant shall be estopped from denying the
truth of such facts. Tenant shall also, on ten (10) days' written notice, provide an
agreement in favor of and in the form customarily used by such encumbrance
holder, by the terms of which Tenant will agree to give prompt written notice to any
K:\LEASING\2006 DOCUMENTS\NUTS N SWEET THINGS LEASE.DOC
such encumbrance holder in the event of any casualty damage to the Premises or in
the event of any default on the part of Landlord under this Lease, and will agree to
allow such encumbrance holder a reasonable length of time after notice to cure or
cause the curing of such default before exercising Tenant's right of self-help under
this Lease, if any, or terminating or declaring a default under this Lease.
16. DAMAGE TO THE PREMISES If the Building or the Premises shall be partially
damaged by fire or other cause without the fault or neglect of Tenant, its agents,
employees or invitees, Landlord shall diligently and as soon as practicable after
such damage occurs repair such damage at the expense of Landlord, provided,
however, that if the Building is damaged by fire or other cause to such extent that
the damage cannot be fully repaired within ninety (90) days from the date of such
damage, Landlord or Tenant, upon written notice to the other, may terminate this
Lease, in which event the rent shall be apportioned and paid to the date of such
damage. During the period that Tenant is deprived of the use of the damaged
portion of Premises, Tenant shall be required to pay rental covering only that part
of the Premises that Tenant is able to occupy, and Rent for such occupied space
shall be the total rent divided by the square foot area of the Premises and
multiplied by the square foot area that the Tenant is able to occupy.
17. DEFAULT OF TENANT If Tenant shall fail to pay any monthly installment of
Rent and/or as required by this Lease, or shall violate or fail to perform any of the
other conditions, covenants or agreement on its part contained in this Lease and
such failure to pay Rent or such violation or failure shall continue foraperiod often
(10) days after the due date of such payment or after written notice of any such
violation or failure to perform by Tenant, then and in any of such events this Lease
shall, at the option of Landlord, cease and terminate upon at least ten (10) days'
prior written notice of such election to Tenant by Landlord, and if such failure to
pay rent or such violation or failure shall continue to the date set forth in such
notice of termination, then this Lease shall cease and terminate without further
notice to quit or of Landlord's intention to re-enter, the same being herebywaived,
and Landlord may proceed to recover possession under and by virtue of the
provisions of the laws of Virginia, or by such other proceedings, including re-entry
and possession, as may be applicable. If Landlord elects to terminate this Lease,
everything herein contained on the part of Landlord to be done and performed shall
cease without prejudice, however, to the right of Landlord to recover from the
Tenant all rental accrued up to the time of termination or recovery of possession by
Landlord, whichever is later. Should this Lease be terminated before the expiration
of the term of this Lease by reason of Tenant's default as hereinabove provided, or
if Tenant shall abandon or vacate the Premises before the expiration or termination
of the term of this Lease, Landlord shall use its best efforts to relet the Premises on
the best rental terms reasonably available under the circumstances and if the full
rental hereinabove provided shall not be realized by Landlord, Tenant shall be liable
for any deficiency in rent. Any damage or loss of rental sustained by Landlord may
be recovered by Landlord, at Landlord's option, at the time of the reletting, or in
separate actions from time to time, as such damage shall have been made more
easily ascertainable by successive relettings, or at Landlord's option, may be
deferred until the expiration of the term of this Lease in which event the cause of
action shall not be deemed to have accrued until the date of expiration of such
term. The provisions contained in this paragraph shall not prohibit any claim
Landlord may have against Tenant for anticipatory breach of the unexpired term of
this Lease.
18. CONDEMNATION If any part of the Building or a substantial part of the
Premises shall be taken or condemned by any governmental authority for any public
or quasi-public use or purpose (including sale under threat of such a taking) then
the term of this Lease shall cease and terminate as of the date when title vests in
such governmental authority, and the annual rental shall be abated on the date
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when such title vests in such governmental authority. If less than asubstantial part
of the common area of the Premises is taken or condemned by any governmental
authority for any public or quasi~public use or purpose, the rent shall be equitably
adjusted on the date when title vests in such governmental authority and the Lease
shall otherwise continue in full force and effect. Tenant shall have no claim against
Landlord (or otherwise) for any portion of the amount that may be awarded as
damages as a result of any governmental taking or condemnation (or sale under
threat of such taking or condemnation) or for the value of any unexpired term of
the Lease. For purposes ofthis Article18, a substantial part of the Premises shall
be considered to have been taken if more than fifty percent (50%) of the Premises
are unusable by Tenant.
19. COVENANTS OF LANDLORD Landlord covenants that it has the right to
make this Lease for the term aforesaid,.and that if Tenant shall pay the Rent and
perform all of the covenants, terms and conditions of this Lease to be performed by
Tenant, Tenant shall, during the term hereby created, freely, peaceably and quietly
occupy and enjoy the full possession of the Premises without molestation or
hindrance by Landlord or any party claiming through or under Landlord.
20. NO PARTNERSHIP Nothing contained in this Lease shall be deemed or
construed to create a partnership or joint venture of or between the Landlord and
Tenant, or to create any other relationship between the parties hereto other than
that of Landlord and Tenant.
21. BROKER'S COMMISSION Tenant represents and warrants that it has
incurred no claims or finder's fees in connection with the execution of this Lease.
22. NOTICES All notices or other communications hereunder shall be in writing
and shall be deemed duly given if delivered in person or by certified or registered
mail, return receipt requested, first-class postage prepaid, (i) if to Landlord at City
of Roanoke, 111 Franklin Road, Suite 200, Roanoke, Virginia 24011, Attention:
Director of Economic, and (ii) if to Tenant, at 1012 Stevens Road, Troutville, VA
241 73, unless notice ora change of address is given pursuant to the provisions of
this Article.
23. HOLDING OVER In the event that Tenant shall not immediately surrender
the Premises on the date of expiration of the term hereof, Lease shall automatically
renew itself month to month, at twice the Rent rate for the last year of the Lease
plus all other charges accruing under this Lease, and subject to all covenants,
provisions and conditions herein contained. Landlord and tenant shall both have
the right to terminate the holdover tenancy upon thirty (30) days written notice.
Tenant shall not interpose any counterclaim(s) in a summary proceeding or other
action based on holdover.
24. BENEFIT AND BURDEN The provisions of this Lease shall be binding upon,
and shall inure to the benefit of, the parties hereto and each of their respective
representatives, successors and assigns.
25. GENDER AND NUMBER Feminine or neuter pronouns shall be substituted for
those of the masculine form, and the plural shall be substituted for the singular
number, in any place or places herein in which the context may require such
substitution.
26. ENTIRE AGREEMENT This Lease, together with any exhibits attached
hereto, contains and embodies the entire agreement of the parties hereto, and
representations, inducements or agreements, oral or otherwise, between the parties
not contained in this Lease and exhibits, shall not be of any force or effect. This
Lease may not be modified, changed or terminated in whole or in part in any
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manner other than by an agreement in writing duly signed by both parties hereto.
27. INVALIDITY OF PARTICULAR PROVISIONS; If any provision of this Lease or
the application thereof to any person or circumstances shall to any extent be invalid
or unenforceable, the remainder of this Lease, or the application of such provisions
to persons or circumstances other than those as to which it is invalid or
unenforceable, shall not be affected thereby, and each provision of this Lease shall
be valid and be enforced to the fullest extent permitted by law.
28. HAZARDOUS SUBSTANCES Tenant covenants and warrants that Tenant,
and Tenant's use of Premises and any alterations thereto will at all times comply
with and conform to all laws, statues, ordinances, rules and regulations of any
governmental, quasilgovernmental or regulatory authorities ("Laws") which relate to
the transportation, storage, placement handling, treatment, discharge, generation,
removal production or disposal (collectively "Treatment") of any waste petroleum
product, waste products, radioactive waste, Polychlorinated Biphenyls (PCB),
asbestos, lead-based paint, or other hazardous materials of any kind, and any
substance which is regulated by any law, statute, ordinance, rule or regulation
(collectively "Waste"). Tenant further covenants and warrants that it will not engage
in or permit any person or entity to engage in any Treatment of any Waste on or
which affects the Premises.
Immediately upon receipt of any Notice (as hereinafter defined) from any person or
entity, Tenant shall deliver to Landlord a true, correct and complete copy of any
written Notice. "Notice" shall mean any note, notice or report of any suit,
proceedings, investigation, order, consent order, injunction, writ, award or action
related to or affecting or indicating the Treatment of any Waste in or affecting the
Premises.
Tenant hereby agrees it will indemnify, defend, save and hold harmless Landlord
and Landlord's officers, directors, shareholders, employees, agents, partners, and
the respective heirs, successors and assigns (collectively "Indemnified Parties")
against and from, and to reimburse the Indemnified Parties with respect to, any and
all damages, claims, liabilities, loss, costs and expense (including, without
limitation all attorney's fees and expenses, court costs, administrative costs and
costs of appeals), incurred by or asserted against the Indemnified Parties by reason
of or arising out of: (a)the breach of any representation or undertaking of Tenant
under this section or (b) arising out of the Treatment of any waste by Tenant or any
licensee, concessionaire, manager or other party occupying or using the Premises.
Landlord is given the right, but not the obligation, to inspect and monitor the
Premises and Tenant's use of the Premises, including the right to review paperwork
associated with Treatment activities in order to confirm Tenant's compliance with
the terms of this Section. Landlord may require that Tenant deliver to Landlord
concurrent with Tenant's vacating the Premises upon the expiration of this Lease,
or any earlier vacation of the Premises by Tenant, at Tenant's expense, a certified
statement by licensed engineers satisfactory to the Landlord, in form and substance
satisfactory to Landlord, stating that Tenant, and any alterations thereto and
Tenant's use of the Premises complied and conformed to all Laws relating to the
Treatment of any Waste in or affecting the Premises..
Tenant agrees to deliver upon request from Landlord estoppel certificates to
Landlord expressly stipulating whether Tenant is engaged in or has engaged in the
Treatment of any Waste in or affecting the Premises, and whether Tenant has
caused any spill, contamination, discharge, leakage, release or escape of any Waste
in or affecting the Premises, whether sudden or gradual, accidental or anticipated,
or any other nature at or affecting the Premises and whether, to the best of the
Tenant's knowledge, such an occurrence has otherwise occurred at or affecting the
K:\LEAS~NG\2006 DOCUMENTS\NUTS N SWEET THINGS LE~SE DOC
8
Premises.
29. INSURANCE Prior to the delivery of possession of the Premises to
Tenant, Tenant shall provide Landlord evidence satisfactory to Landlord (i) that fire
and casualty and workers' compensation policies in amount and in form and
content satisfactory to Landlord have been issued by a company or companies
satisfactory to Landlord and will be maintained throughout the course of Tenant's
work at Tenant's cost and expense and (ii) that Tenant has complied with the
comprehensive liability insurance requirements set forth in the following paragraph.
Tenant will, at all times commencing on the date of delivery of possession of the
Premises to Tenant, at its own cost and expense, carry with a company or
companies, satisfactory to Landlord, comprehensive general liability insurance
including public liability and property damage, in a form satisfactory to Landlord,
on the Premises, with the combined single liability limits of not less than One
Million Dollars ($1,000,000.00) per occurrence, which insurance shall be written or
endorsed so as to protect Landlord, its officers, agents and employees as additional
insureds. The Tenant agrees that the above stated limits and coverages are
minimum limits and coverages, and that Tenant shall provide such additional
insurance as set forth above, in such amounts and against such risk as may be
required in the Landlord's sole but reasonable judgment, to equal the amounts and
types of coverages carried by prudent owners and operators of properties similar to
the Building. Tenant shall increase such limits at its discretion or upon reasonable
request of Landlord but not more often than once every year and such increases
shall not be in excess of generally accepted standards in the industry. Tenant
covenants that certificates of all of the insurance policies required under this Lease,
and their renewal or replacement, shall be delivered to Landlord promptly without
demand upon the commencement of the term of this Lease and upon each renewal
of the insurance. Such policy or policies shall also provide that it shall not be
cancelled nor shall there by any change in the scope or amount of coverage of the
policy without thirty (30) days prior written notice to Landlord. If same is not
provided with ten (10) days after demand, Landlord is authorized to secure such
policy from such companies as it deems appropriate and collect from Tenant in
such a manner as it deems appropriate the cost of the premium.
30. SECURITY DEPOSIT
Intentionally omitted
31. INDEMNIFICATION Tenant agrees to save and to protect, indemnify and
hold Landlord harmless from and against and to reimburse Landlord from any and
all liabilities, damages, costs, expenses, including, without limitation, reasonable
attorneys' fees, causes of action, suits, claims, demands, or judgments of any
nature whatsoever arising from injury to or death of persons or damages to
property resulting from Tenant's use of the Premises caused by any act or omission,
whether intentional or otherwise, of Tenant or its employees, servants, contractors
or agents.
32. COMPLIANCE WITH LAWS AND REGULATIONS Tenant agrees to and will
complywith all applicable federal, state and local laws, ordinances and regulations.
Tenant acknowledges and agrees that it will dispose of trash and grease in the
containers designated by the Landlord for such disposal and not dispose of such
substances in a manner that would violate applicable federal, state and local laws,
ordinances or regulations.
33. FORUM SELECTION AND CHOICE OF LAW By virtue of entering into this
Lease, Tenant submits itself to a court of competent jurisdiction in the City of
Roanoke, Virginia, and further agrees that this Lease is controlled bythe laws of the
Commonwealth of Virginia and that all claims, disputes, and other matters shall
only be decided by such court according to the laws of the Commonwealth of
K:\LEASING\2006 DOCUMENTS\NUTS N SWEET THINGS LEASE. DOC
Virginia.
34. FORCE MAIEURE in the event that either party hereto shall be delayed or
hindered in or prevented from the performance of any act required hereunder by
reason of strikes, lockouts, labor troubles, inability to procure materials, failure of
power, restrictive governmental laws or regulations, riots, insurrection, war, or
other reason of a like nature not the fault of the party delayed in performing the
work or doing acts required under the terms of this Lease, then the time allowed for
performance for such act shall be extended by a period equivalent to the period of
such delay. The provisions of this Section shall not operate to excuse Tenant from
the prompt payment of rent, Common Area Maintenance Fee or any other payments
required by the terms of this Lease.
35. EQUAL EMPLOYMENT OPPORTUNITY: During the performance of this
Agreement, Tenant agrees as follows:
(a)
Tenant 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
reasonably necessary to the normal operation of its business. Tenant agrees
to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this nondiscrimination
clause.
(b)
Tenant, in all solicitations or advertisements for employees placed by or on
behalf of Tenant, will state that Tenant is an equal opportunity employer.
(c)
Tenant will include the provisions of the foregoing subsections (a) and (b) in
every contract or purchase order of over ten thousand dollars and no cents
($10,000.00) so that the provisions will be binding upon each contractor or
vendor.
36. DRUG-FREE WORKPLACE:
(a)
During the performance of this Agreement, Tenant agrees to (i) provide a
drug-free workplace for its employees; (ii) 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 the
workplace and specifying the actions that will be taken against employees for
violations of such prohibition; (iii) state in all solicitations or advertisements
for employees placed by or on behalf of Tenant that Tenant maintains a
drug-free workplace; and (iv) include the provisions of the foregoing clauses
in every subcontract or purchase order of over $10,000, so that the
provisions will be binding upon each subcontractor or vendor.
(b)
For the purposes of this section, "drug-free workplace" means a site for the
performance of work done in connection with a specific contract awarded to a
contract awarded to a contractor, the employees of whom are prohibited
from engaging in the unlawful manufacture, sale, distribution, dispensation,
possession or use of any controlled substance or marijuana during the
performance of the Agreement.
37. RULES AND REGULATIONS Tenant agrees to comply and adhere to
Landlord's rules and regulations concerning the Building as stated in the attached
Exhibit "D" attached hereto and made part of this Lease
K:\LEASING\2006 DOCUMENTS\NUTS N SWEET THINGS LEASE.DOC
z0
38. SIGNAGE Tenant agrees to comply and adhere to Landlord's regulations
concerning signage as stated in the attached Exhibit "E" attached hereto and made
part of this Lease.
39, GUARANTY
Intentionally omitted
Witness Signature
Witness Printed Name
Witness Signature
Witness Printed Name
Witness Signature
Witness Printed Name
Witness Signature
Witness Printed Name
LANDLORD:
CITY OF ROANOKE
By:
Print Name: Darlene 13urcham
Title: City Manaqer
TENANT:
Georgia Raines Crump d/b/a
Nuts n Sweet Things/Lickety Split
By:
Print Name: Georqia Raines Crump
Title:
~(:\LEASING\2006 DOCUMENTS\NUTS N SWEET THINGS LEASE.DOC
11
EXHIBIT A
FLOOR PLAN
K:\LEASiNG\2006 DOCUMENTS\NUTS N SWEET THINGS LEASE. DOC
12
EXHIBIT B
COMMON AREAS FLOOR PLAN
Attach here
K:\I-EASING\2006 DOCUMENTS\NUTS N SWEET THINGS LEASE DOC
13
EXHIBIT C
MENU
Attach here if Food Court Tenant
TO BE PROVIDED BY TENANT
K:\LEASING\2006 DOCUMENTS\NUTS N SWEET THINGS LEASE.DOC
3_4
10.
11.
EXHIBIT D
RULES AND REGULATIONS
All trash must be kept in a covered container, or if requested by Landlord,
in a Dumpster or similar container furnished and serviced at Tenant's
expense.
Tenant shall keep lights on in show windows, leased food court space and
lights on under marquee, if any, from 10:00 a.m. until 6:00 p.m.
Tenant agrees to handle all deliveries and refuse through the Salem
Avenue entrance (if one) of the Premises.
No sign shall be permanently affixed to the plate glass of any window
without prior written consent of Landlord.
No solicitation material shall be displayed inside the building or affixed to
the exterior of the building.
Tenant shall keep Premise's, windows and window frames clean (inside and
out) at all times and wash them weekly.
Tenant shall keep Premises' floors free of trash, chewing gum and other
debris, and shall scrub and wax all tile or plastic flooring at least weekly.
Tenant is responsible for the replacement of light bulbs in its space
Tenant is responsible for the replacement of air-filters and the monthly
maintenance of their exhaust fans in its Premises by a licensed contractor
on a basis predetermined by the Landlord.
Tenant shall be responsible for breaking down and having all cardboard
boxes ready for pick up.
(Applies only to Food Court Vendors) Providing the availability of space for
the purpose of storage, Landlord will allocate equally among all food
vendors a set amount of space for the storage of a freezer or a
refrigerator, food items and paper products. Items must be stored in
accordance with Health and Fire codes. No restaurant equipment (unused
or in disrepair) is to be stored in the area under any circumstances. Any
prohibited items stored in this area will be removed at Tenant's expense.
Tenant's not maintaining their own storage space per Health and Fire code
requirements will be assessed a $100.00 fee per occurrence. If a Tenant's
space is in violation more than three times in a given year, Landlord will
rescind Tenant's option to use available space.
K:\LEASING\2006 DOCUMENTS\NUTS N SWEET THINGS LEASE.DOC
EXHIBIT E
SIGN REGULATION
No sign, advertisement or notice shall be inscribed, painted, affixed or displayed
on walls, windows, or any part of the outside or the inside of the Building except
on the awnings, directories, and then only in such place, number, size, color and
style as it approved Landlord. if Tenant nevertheless exhibits such sign,
advertisement or notice, Landlord shall have the right to remove the same and
Tenant shall be liable for any and all expenses incurred by Landlord by such
removal. Tenant further agrees to maintain such sign, awning, canopy,
decoration, lettering, advertising matter or other thing as may be approved in
good condition and repair at all times. Landlord shall have the right to prohibit
any advertisement of Tenant which in its opinion tends to impair the reputation
of the Building or its desirability as a high-quality festival marketplace for retail
stores or food related businesses, other institutions of like nature, and, upon
written notice from Landlord, Tenant shall immediately refrain from and
discontinue any such advertisement.
K:\LEASING\2006 DOCUMENTS\NUTS N SWEET THINGS LEASE.DOC
16
EXHIBIT F
GUARANTY
PERSONAL GUARANTEE
Intentionally omitted
K:\LEAS~NG\2006 DOCUMENTS\NUTS N SWEET THINGS LEASE. DOC
l?
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
............................................. + ......................
MARY F. PARKER
CITY OF ROANOKE CLERK'S OFFICE
215 CHURCH AVE SW RM 456
NOEL C. TAYLOR MUNICIPAL BLDG.
ROANOKE VA 24011
REFERENCE: 32143302
09401004
NOTICEOFPUBLICHEARIN
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
_ia. Sworn and subscribed before me this
_day of January 2006. Witness my hand and
--~-~__L~_ Notary Public
My c ommi s s i on ex~ r e~--~_~_~_~_~_~/_/ ....... .
PUBLISHED ON: 01/27
TOTAL COST: 160.08
FILED ON: 01/27/06
The C)ty of Roanoke
(~ae of Vlrglnla (1960) as I
Signature:__ Billing Services Represe~ative
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to lease approximately 219 square feet of space of City-
owned property located in the Roanoke City Market Building, located at 32 Market Square, to
Georgia Raines Crump to be used as a food service establishment, for a three year term.
Pursuant to the requirements of §§ 15.2-1800 and 1813, Code of Virginia (I 950) as amended,
notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the
above matter at its regular meeting to be held on February 6, 2006, commencing at 2:00 p.m., in the
Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Chumh Avenue, S.W.,
Roanoke, Virginia, 24011. Further information is available from the Office of the City Clerk for the
City of Roanoke at (540) 853-2541.
Citizens shall have the opportunity to be heard and express their opinions on said matter.
If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, February 2,
2006.
GWEN under my hand this 24th day of January, 2006.
Mary F. Parker, City Clerk.
Note to Publisher:
Please publish once in The Roanoke Times on Friday, January 27, 2006.
Send Publisher's Affidavit and Bill to:
Mary F. Parker, City Clerk
456, Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
K:~vlEASURESLNOTICENUTSSWEETS.DOC
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC Stephanie M. Moon, CMC
City Clerk Deputy City Clerk
February 9, 2006
Sheila N. Hartman
Assistant City Clerk
File #42-166-373
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No, 37291-020606 authorizing the lease of an '
approximate 7.41-acre tract of land located near the former City Nursing Home at
Coyner Springs for agricultural purposes to Ned B. Jeter, for a one year period,
beginning March 1, 2006 and expiring February 28, 2007, with four mutually agreed
upon one year renewal options under the same terms, at an annual rental of $10.00
per acre per year, upon certain terms and conditions, as more fully set forth in a
letter from the City Manager addressed to the Council under date of February 6,
2006.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, February 6, 2006, and is in full force
and effect upon its passage.
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
L:\CLERK~ATA~CKEWI~AGENDA CORRESPONDENCE~agenda con-,,spondence 06~Feb 06~Feb 6 06 correspondence.doc
Darlene L. Burcham
February 8, 2006
Page 2
pc:
Ned B. Jeter, 181 Blue Ridge Boulevard, N. E., Roanoke, Virginia 24012
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Office of Managemen~ and Budget
R. Brian Townsend, Director, Planning Building and Economic Development
Lisa Poindexter-Plaia, Economic Development Specialist
L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~genda correspondence 06~Feb 06~Feb 6 06 correspondence.doc
IN THECOUNCILOFTHECITYOF ROANOKE, VIRGINIA,
The 6th day of February, 2006.
No. 37291-020606. ~
ordinance by title is hereby dispensed with.
AN ORDINANCE authorizing the lease of an approximate 7.41 acre tract of City-owned land in
Botetourt County, located northwest of the former City Nursing Home at Coyner Springs, for
agricultural purposes, for a term of one (1) year beginning March 1, 2006, and expiring February 28,
2007, with four mutually agreed upon one year renewal options under the same terms, at an annual
rental of$10.00 per acre per year; authorizing the appropriate City officials to execute a lease agreement
therefore; and dispensing with the second reading of this ordinance by title.
WHEREAS, a public hearing was held on February 6, 2006 pursuant to §§15.2-1800(B) and
1813, Code of Virginia (1950), as amended, at which heating all parties in interest and citizens were
afforded an opportunity to be heard on the proposed lease.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and City Clerk are authorized to execute and attest, respectively, in a
form approved by the City Attorney, a lease with Ned B. Jeter for the lease of a 7.41-acre tract of land
located near the former City Nursing Home at Coyner Springs for agricultural purposes, for a one (1)
year period, beginning March 1, 2006, and expiring February 28, 2007, with four mutually agreed upon
one year renewal options under the same terms, at an annual rental orS10.00 per acre per year, upon
certain terms and conditions, and as more particularly described in the City Manager's letter to this
Council dated February 6, 2006.
2. Pursuant to the provisions of Section 12 of the City Charter, the.second reading of this
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
February 6, 2006
Honorable C. Nelson Harris, Mayor
HonorabIe Beverly T. Fitzpatrick, Jr., Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe,Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Brenda L. McDaniel, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of Council:
Subject: Lease land toJeter Farm at
Coyner Springs
Background:
Property owned by the City in Botetourt County, located northwest of the
former City Nursing Home at Coyner Springs, has been leased for agricultural
purposes to several individuals since the early 1970's. Through the years the
City has reduced the size of the leased tract, which is now approximately 7.41
acres. The current lease with Richard B. and Ned B. Jeter has expired. The
Jeters, who have leased this tract of since April 20, 1982, have requested that
Ned Jeter be granted a one-year lease with four mutually agreed upon one-year
renewal options under the same terms as their previous lease which was $74.10
per year.
Considerations:
Farming of the tract serves the primary purpose of keeping it cleared and
eliminating the need for City forces to keep it cleared and mowed. Lease rate is
Ten Dollars ($10) per acre per year. Lessee will be required to maintain fencing
as necessary and assume all liability for damage to and by their actions or
actions of their livestock, machinery, equipment, employees and guests.
Honorable Mayor and Members of Council
February 6, 2006
Page 2
Lessee is to provide liability insurance listing the City of Roanoke, its officers;
agents, employees and volunteers as additional insured.
Recommended Action:
Authorize the City Manager to execute a lease agreement with Ned Jeter for
approximately 7.41 acres of land in Botetourt County, for a period of one (1)
year, subject to four additional renewals of one year terms upon mutual
agreement of the parties, beginning March 1,2006 and expiring February 28,
2007. All documents shall be upon a form approved by the City Attorney.
Respectfully submitted,
Darlene L. ~
City Manager
DLB:Ipp
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Rolanda Russell, Assistant City Manager
Brian Townsend, Acting Director of Economic Development
David Collins, Assistant City Attorney
Lisa Poindexter-Plaia, Economic Development Specialist
CM06-00016
LEASE AGREEMENT
THIS LEASE AGREEMENT, made as of this day of , 20011, by and
between the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing
under the laws of the Commonwealth of Virginia ("Lessor"), and NED S. JETER ("Lessee"),
WITNESSETH:
Lessor and Lessee, for and in consideration of mutual covenants contained in this Lease
Agreement, do hereby covenant and agree as follows:
1. Leased Premises -_Lessor hereby leases to Lessee, subject to the terms and
conditions contained herein, and Lessee hereby accepts from the Lessor, as tenant,
approximately 7.41 acres of land located northwest of the former Roanoke City Nursing Home at
Coyner Springs, as more particularly shown on the Plat Showing City Owned Property at
Coyner Springs to be Leased for Farm Purpose dated March 21, 1991, attached hereto as
"Exhibit A" and made a part hereof (hereinafter referred to as the "Leased Premises").
2. Condition of the Leased Premises - Lessee has inspected the Leased Premises and
acknowledges that the Leased Premises are suitable for the purpose intended by the Lessee and
the Leased Premises are being made available "as is", and accepted in their present condition.
3. Alterations - There shall be no major alterations of the Leased Premises,
without Lessor's prior written consent.
4. Permitted Use and Maintenance - The Leased Premises shall be used for the
planting and harvesting of agricultural crops, and activities ancillary thereto and for no other
purpose. Lessee agrees to be responsible for all maintenance of any kind on the Leased
Premises. If Lessee does not plant crops on all the Leased Premises, Lessee shall mow the Leased
Premises or such part thereof not used for growing crops at least twice a year between June and
October and otherwise keep the Leased Premises in good appearance and free and clear of debris
and litter. Lessee shall maintain all fencing. Lessee shall assume all liability for damage to
Lessee's person, livestock, machinery, equipment, agents, employees, guests, invitees, and
contractors. Lessee shall assume all liability for damage by its actions or actions of its livestock,
machinery, equipment, agents, employees, guests, invitees and contractors.
5. Term - The term of this Lease Agreement shall be for a per/od of one (1) years,
commencing on ,2006 and continuing until midnight, ,2007. This Lease
Agreement may be renewed for up to four additional terms of one year each upon mutual
agreement of the parties. This lease shall be terminable by either party upon thirty days written
notice. Provided, however, should the Lessee have planted a crop as yet unharvested, the City
shall give four months written notice of termination.
6. Rental - Annual rental shall be $74.10 per year, payable in advance, and mailed or
otherwise delivered to the Lessor's Office of Billings and Collections, Room 252 Municipal
Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011-1529. Rent is not subject to
proration.
7. Compliance with laws, rules and regulations - In Lessee's exercise of the rights and
privileges granted herein, Lessee, its agents, employees, guests, invitees, contractors, and/or any
other person over whom Lessee has control shall observe, obey and comply fully at Lessee's own
expense with all present and future, federal state and local laws, rules or regulations, applicable
to or affecting directly or indirectly Lessee or its operations and activities on or in connection
with the Leased Premises.
8. Utilities - Lessee shall pay all utility connections and service charges, if any,
with respect to the Leased Premises.
9. Compliance with Environmental Laws - Lessee shall comply with all federal,
state and local laws, rules, regulations, resolutions and ordinances controlling air, water, noise,
solid waste and other pollution and relating to the use, storage, transportation, release or disposal
of hazardous material substances or waste.
10. Hazardous Waste and Materials Prohibited - Lessee shall not bring or allow or
permit to be brought onto, stored, disposed of, or released, any hazardous, toxic, or petroleum
substances, waste or materials of any kind on the Leased Premises.
11. Report release of Hazardous Materials - Lessee shall immediately furnish to the
Lessor's Director of Utilities and Operations written notice of any and all releases of hazardous
waste, materials or substances whenever such releases are required to be reported to any federal,
state, or local authority, and pay for all cleanup and removal costs. Such written notice shall
identify the substance released, the amount released, the measures undertaken to cleanup and
remove the released material and any contaminated soil or water. Lessee shall also provide
Lessor with copies of any and all reports resulting from tests on the Leased Premises or made to
any governmental agency which relate to the Leased premises.
12. Environmental Indemnifications - Regardless of the City's acquiescence and in
addition to the indemnification provisions contained elsewhere in this Lease Agreement, Lessee
shall indemnify, defend, and hold Lessor, its officers, agents and employees, harmless from all
costs, liabilities, penalties, or fines, including attorney's fees, resulting from or arising out of
Lessee violation of the environmental provisions contained in this Lease Agreement and agrees
to reimburse the Lessor for any and all costs and expenses incurred in eliminating or remedying
such violations. Lessee further covenants and agrees to reimburse and hold the Lessor its
officers, agents and employees, harmless from all costs, expenses, attorney's fees and all
penalties or civil judgments obtained against the Lessor as a result of Lessee's use, release or
disposal of petroleum product, hazardous substance, material, or waste onto the ground or into
the air or water. Lessee agrees to waive any and all statutes of limitations applicable to any
controversy or dispute arising Linder these environmental provisions and Lessee further agrees
that it will not raise or plead a statute of limitation defense in any action arising out of Lessee's
failure to comply with the environmental provisions contained herein.
13. Insurance Coverage - Lessee shall obtain liability insurance coverage with respect
to claims arising out of the subject matter of this Lease Agreement. The amount of this insurance
shall be not less than:
(a)
(b)
(c)
(d)
General Aggregate $1,000,000.00;
Products - Complete/Operations Aggregate - $1,000,000.00;
Personal and Advertising Injury - $1,000,000.00;
Each occurrence - $1,000,000.00;
(e) Above amounts may be met by umbrella form coverage in the minimum amount of
$1,000,000.00 aggregate; $1,000,000.00 each occurrence.
Lessee shall name the Lessor, its officers, agents, employees and additional insureds as
its interest may appear on the above policy. Such coverage shall not be canceled or materially
altered except after thirty days written notice of such cancellation or material alteration to the
Director of Utilities and Operations of the Lessor. Prior to the execution of this Lease
Agreement, Lessee shall provide the Lessor's Director of Utilities and Operations with an exact
copy of the Certificate of Insurance as specified above. All renewal policies shall be delivered
to the Lessor's Director of Utilities and Operations at least fifteen days prior to the expiration
date of the expiring policy. If' at any time the coverage, cartier or limits on any policy or the
insurance requirements contained herein shall become unsatisfactory to the Lessor, Lessee shall
forthwith provide a new policy meeting the requirements of the Lessor.
14. Indemnity -_Lessee shall indemnify and hold harmless the Lessor, its officers,
agents and employees, against any and all loss, cost or expense, including attorney's fees,
resulting from any claim, whether or not reduced to a judgment, and for any liability of any
nature whatsoever that may arise out of or result from activities or omissions of Lessee, its
successors, officers, agents, employees, assigns, guests, contractors, or invitees, on the Leased
Premises, or other City-owned property pursuant to this lease, including, without limitation, fines
and penalties, violations of federal, state or local laws, or regulations promulgated thereunder,
personal injury, wrongful death, or property damage claims. In addition to the indemnification
provision contained elsewhere in this Lease Agreement, and regardless of the Lessor's
acquiescence, Lessee agrees to indemnify, defend and hold the Lessor, its officers, agents and
employees, harmless from any and all costs, liabilities, expenses, lines, penalties, or civil
judgments, including attorney's fees resulting from or obtained against or paid by the Lessor as a
result of Lessee's violations of or failure to comply with any other provisions of this Lease
Agreement.
15. Subleasing - Lessee covenants and agrees that it will not sublet, license, assign, or
transfer by operation of law or otherwise this Lease Agreement, the Leased Premises or any fight
Lessee is authorized to exercise hereunder, without the prior written consent of the Lessor. Any
attempt by the Lessee to sublet, license, assign, or transfer by operation of law or otherwise this
Lease Agreement, the Leased Premises, or any rights Lessee is authorized to exercise hereunder
without the prior written consent of the Lessor shall result in the automatic termination of this
Lease Agreement.
16. Notice - Unless otherwise specified, all notices, consents and approvals required
or authorized by this Lease Agreement to be given by or on behalf of either party to the other,
shall be in writing and signed by a duly designated representative of the party by or on whose
behalf they are given and shall be deemed given three days after the time a certified letter
properly addressed, postage prepaid, is deposited in any United States Post Office or upon hand
delivery. Notice to the City of Roanoke shall be addressed to the:
City of Roanoke, Attention City Manager
Room 364 Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
or at such other office as Lessor may hereinafter designate by notice to the Lessee in writing.
Notice to the Lessee shall be sent to:
Ned B. Jeter
2120 Blue Ridge Blvd. Roanoke,
Virginia 24012
or at such other place as Lessee may hereinafter designate by notice to the Lessor in writing.
17. Entire Agreement - This Lease Agreement constitutes the entire understanding
between the parties. Any changes or modification of this Lease Agreement must be in writing
signed by both parties.
18. Severability - In the event any provision herein shall be finally declared void or
illegal by any court or administrative agency having jurisdiction, the remaining provisions shall
continue in full force and effect as nearly as possible in accordance with the original intent of the
parties.
19. Headings - The headings used in this Lease Agreement are intended for
convenience and reference only and do not define, expand, or limit the scope or meaning of any
provision of this Lease Agreement.
IN WITNESS WHEREOF, the parties have executed this Lease Agreement as of the day
and year first written above:
ATTEST: CITY OF ROANOKE, VIRGINIA
Mary F. Parker, City Clerk
By
Darlene L. Burcham, City Manager
Witness:
(Name)
(Address)
Ned S. Jeter
(SEA )
Approved as to form:
Approved as to execution:
Assistant City Attorney Assistant City Attomey
EXHIBIT A
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
.............................................. + .......................
MARY F. PARKER
CITY OF ROANOKE CLERK'S OFFICE
215 CHURCH AVE SW RM 456
NOEL C. TAYLOR MUNICIPAL BLDG.
ROANOKE VA 24011
REFERENCE: 32143302
09401023
NOTICEOFPUBLICHEARIN
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
VirgiDia. Sworn and subscribed before me this
_~_/~__day of January 2006. Witness my hand and
official seal. /~
PUBLISHED OW: 01/27
TOTAL COST: 162.84
FILED ON: 01/27/06
The City of Roanoke
proposes to lease
approximately 7.41 acrel of
Clty.~wned prope~y lOCate,
commencing at 2:00 p.m., In
Authorize ~ ~ ~) /~, ~ ~ ) ~ ~ ,~ ~
Signature: ___J~_~_~__~___%_j~___~_~_._~____~__ ~__J, Billing Services Represe~ative
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to lease approximately 7.41 acres of City-owned property
located northwest of the former City Nursing Home at Coyner Springs to Ned Jeter to be used for
agricultural purposes for an initial term of one year subject to four additional one year term
renewals upon mutual agreement of the parties.
Pursuant to the requirements of{}{} 15.2-1800 and 1813, Code of Virginia (1950) as amended,
notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the
above matter at its regular meeting to be held on February 6, 2006, commencing at 2:00 p.m., in the
Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W.,
Roanoke, Virginia, 24011. Further information is available fxom the Office of the City Clerk for the
City of Roanoke at (540) 853-2541.
Citizens shall have the opportunity to be heard and express their opinions on said matter.
If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, February 2,
2006. ~
GIVEN under my hand this 24th day of January, 2006.
Mary F. Parker, City Clerk.
Note to Publisher:
Please publish once in The Roanoke Times on Friday, January 27, 2006.
Send Publisher's Affidavit and Bill to:
Mary F. Parker, City Clerk
456, Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
C:XDOCUME- 1 \CLLC 1XLOCALS-1 \TEMPXNOTESFFF692~IOTICEJETER.DOC
CITY OF R O.4NOKE
Office of the City Clerk
Mary F. Parker, CMC Stephanie M. Moon, CMC
City Clerk Deputy City Clerk
February 9, 2006
Sheila N. Hartman
Assistant City Clerk
File #178-226
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Rurcham:
I am attaching copy of a communication from Theodore J. Edlich, III, President, Total
Action Against Poverty, requesting the City's support of a Iow income tax credit
application to renovate the Terrace Apartments, and to provide financial support
from the City's allocation of HUD funds, in the amount of $500,000.00 over a period
of four years.
The request was referred to the City Manager for report and recommendation to
Council.
MFP:ew
Mary F. Parker, CMC
City Clerk
pc:
TheodoreJ. Edlich, III, President, Total Action Against Poverty, P. O. Box 2868,
Roanoke, Virginia 24001-2868
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of' Management and Budget
L:~CLERK~DATA~CKEW I~AGENDA CORRESPONDENCE~genda (x)rrespondence 06~Feb 06~Feb 6 06 conespondence,doc
C. NELSON HARRIS
Mayor
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.W.
Noel C. Taylor Municipal Building, Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
February 6, 2006
Council Members:
M. Rupert Cutler
Alfred T. Dowe, Jr.
Beverly T. Fitzpatrick, Jr.
Sherman P. Lea
Brenda L. McDaniel
Brian J. Wishneff
The Honorable Members
of Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
We jointly sponsor a request of Theodore J. Edlich, Ill, President, Total Action
Against Poverty, to speak before City Council with regard to the Terrace
Apartments at the regular meeting of City Council to be held on Monday,
February 6, 2005.
Sincerely,
C. Nelson Harris, Mayor
Sherman P. Lea, Council Member
CNH/SPL:snh
pc:
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mary F. Parker, City Clerk
CITY OF RO_..ANOKE
Office of the C~ty Clerk
Mary F. Parker, CMC
City Clerk
February 9, 2006
File #60-70-236
Stephanie M. Moon, CMC
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Budget Ordinance No. 37292-020606 appropriating'
$7,500.00 in connection with acceptance ora Department of Fire Programs Training
Mini-Grant, and amending and reordaining certain sections of the 2005-2006 Grant
Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, February 6, 2006, and is in full force
and effect upon its passage.
MFP:ew
Sincerely,
Mary F. Parker, CMC
City Clerk
Attachment
pc:
Darlene L. Burcham, City Manager
Sherman M. Stovall, Director, Office of Management and Budget
David Hoback, Acting Chief, Fire-EMS
L:\CLERK~ATA~CKEW I~AGENDA CORRESPONDENCE~agenda correspondence 06~Feb 06~Feb 6 06 correspondence.doc
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of February, 2006.
No. 3729~-020606.
AN ORDINANCE to appropriate funding from the Commonwealth for
the Department of Fire Programs Training Mini-Grant, amending and reordaining
certain sections of the 2005-2006 Grant Fund Appropriations, and dispensing
with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the
following sections of the 2005-2006 Grant Fund Appropriations be, and the same
are hereby, amended and reordained to read and provide as follows:
Grant Fund
Appropriations
Program Supplies 035-520-3565-3005 $ 7,500
Revenues
DFP Training Mini Grant FY06 035-520-3565-3565 7,500
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
City Clerk.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon, CMC
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
February 9, 2006
File #60-70-236
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 37293-020606 authorizing acceptance of the
Department of Fire Programs Training Mini-Grant, in the amount of $7,500.00, upon
all terms, provisions and conditions relating to the receipt of such funds for the
purchase of a forcible entry simulator for the Roanoke Valley Regional Training
Center, as more fully set forth in a letter from the City Manager addressed to the
Council under date of February 6, 2006.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, February 6, 2006, and is in full force
and effect upon its passage.
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
L:\CLERK~OATA\CKEWI~AGENDA CORRESPONDENCE~genda correspondence 06~Feb 06\Feb 6 06 correspondence.doc
Darlene L. Burcham
February 9, 2006
Page 2
pc:
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
David Hoback, Acting Chief, Fire-EMS
L:\CLERK~DATA~CKEWI~AGENDA CORRESPONDENCE~genda correspondence 06\Feb 06\Feb 6 06 correspondence.doc
IN THECOUNCILOFTHEC1TYOFROANOKE, VIRGINIA
The 6th day of February, 2006.
No. 37293-020606.
A RESOLUTION accepting a mini-grant offer made to the City by the Virginia Fire
Services Board and authorizing execution of any required documentation on behalf of the City.
BE IT RESOLVED by the Council &the City of Roanoke as follows:
1. The City of Roanoke does hereby accept the mini-gram offered by the Virginia
Fire Services Board in the amount of $7,500 upon all the terms, provisions and conditions
relating to the receipt of such funds for the purchase of a forcible entry simulator for the
Roanoke Valley Regional Training Center. The grant is more particularly described in the letter
of the City Manager to Council dated February 6, 2006.
2. The City Manager and the City Clerk are hereby authorized to execute, seal, and
attest, respectively, the grant agreement and all necessary documents required to accept the gram,
all such documents to be approved as to form by the City Attorney.
3. The City Manager is further directed to furnish such additional information as
may be required in connection with the City's acceptance of this grant.
City Clerk. '
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853 1138
City Web: www.roanokeva,gov
February 6,2006
Honorable C. Nelson Harris, Mayor
Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Brenda L. McDaniel, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: Grant Acceptance
Background:
On August 11, 2000, the Virginia Fire Services Board (VFSB) adopted a policy of
providing grants, termed "Mini-Grants" from the interest earned by the Fire
Programs Fund. The VFSB Committee on Fire Prevention and Control was
charged with the responsibility of administering such programs in cooperation
with the Virginia Department of Fire Programs (VDFP). A provision was adopted
to restrict such grant activities - projects and programs which positively impact
and/or further fire service training within the Commonwealth. The maximum
award for any Mini-Grant is $10,000. In FY-01 the Mini-Grant's first award
cycle, the Virginia Fire Services Board made 27 awards totaling over $100,000.
The Virginia Department of Fire Programs recently announced that the Roanoke
Fire-EMS Department has been awarded a $7,500 Department of Fire Programs
(DFP) "Mini-Grant". The total award package requires no local match.
Considerations:
The award will be used by the department for construction of a forcible entry
simulator at the Roanoke Valley Regional Training Center. With this grant the
Training Center will be able to purchase a simulator to provide forcible entry
classes that now require the appropriation of a vacant building that is often
difficult to obtain.
Mayor Harris and Members of City Council
February 6, 2006
Page 2
Recommended Action:
Authorize acceptance of the grant award of $7,500; authorize the City Manager
to execute the required grant agreement and any other related documents
approved as to form by the City Attorney.
Adopt the accompanying budget ordinance to establish a revenue estimate in
the amount of $7,500 and appropriate funding in the same amount to an
expenditure account, to be established by the Director of Finance in the Grant
Fund.
DLB:tb
C:
Respectfully submitted,
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
James Grigsby, Acting Assistant City Manager, Operations
David Hoback, Acting Chief, Fire-EMS
CM06-00004
CITY OF R ANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
February 9, 2006
File #60-70-188-236
Stephanie M. Moon, CMC
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Budget Ordinance No. 37294-020606, appropriating and
transferring funds in connection with a Rescue Squad Assistance Fund Grant from
the Commonwealth of Virginia, and amending and reordaining certain sections of
the 2005-2006 Grant Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, February 6, 2006, and is in full force
and effect upon its passage.
/~ ~ ~. ~i__~._.Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
L:\CLERK~DATA~CKE'Wl~AGENDA CORRESPONDENCE'agenda con~spondence 06~Feb 06~Feb 6 06 correspondence.doc
Jesse A. Hall
February 9, 2006
Page 2
pc:
Darlene L. Burcham, City Manager
Sherman M. Stovall, Director, Office of Management and Budget
David Hoback, Acting Chief, Fire-EMS
Kenneth Bernard, Fleet Manager
L:\CLERK~DATA~CKEW I~AGENDA CORRESPONDENCE~genda correspondence 06~Feb 06tFeb 6 06 correspondence.doc
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of February, 2006.
No. 37294-020606. "
AN ORDINANCE to appropriate funding from the Commonwealth of
Virginia for the Rescue Squad Assistance Fund (RSAF) Grant, amending and
reordaining certain sections of the 2005-2006 Grant Fund Appropriations, and
dispensing with the second reading by title of this ordinance,
BE IT ORDAINED by the Council of the City of Roanoke that the
following sections of the 2005-2006 Grant Fund Appropriations be, and the same
are hereby, amended and reordained to read and provide as follows:
Grant Fund
Appropriations
Vehicular Equipment
Expendable Equipment
Revenues
RSAF - Ambulance - State FY06
RSAF - Ambulance - Local FY06
RSAF - Equipment - State FY06
RSAF - Equipment - Local FY06
035-520-3566-9010
035-520-3568-2035
035-520-3566-3566
035-520-3566-3567
035-520-3568-3568
035-520-3568-3569
Fleet Manal:lement Fupd
Appropriations
Vehicular Equipment
Transfer to Grant Fund
017--440-2642-9010
017-440-2643-9535
$ 89,794
39,000.
42,235
47,559
19,500
19,500
(47,559)
47,559
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.~
CITY OF RO_..,4NOKE
Office of the C,ty Clerk
Mary F. Perker, CMC Stephanie M. Moon, CMC
City Clerk Deputy City Clerk
February 9, 2006
Sheila N. Hartmen
Assistant City Clerk
File #60-70-188-236
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 37295-020606 accepting a Rescue Squad
Assistance Fund Grant by the Virginia Department of Health, Office of Emergency
Medical Services, in the amount of $42,235.00 with a local match of $47,559.00,
upon all terms, provisions and conditions, relating to the receipt of such funds for
the purchase of an ambulance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, February 6, 2006, and is in full force
and effect upon its passage.
Mary F. Parker, CMC
City Clerk
MFP:ew
Attach ment
pc:
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
David Hoback, Acting Chief, Fire-EMS
Kenneth Bernard, Fleet Manager
L:~CLE R K~DATA\CKEW I~AGE NDA CORRESPONDENCE~genda correspondence 0b%Feb 06~Feb 6 06 correspondence.doc
IN THECOUNCILOFTHECITYOF ROANOKE, VIRGINIA
The 6th day. of February, 2006.
No. 37295-020606.
A RESOLUTION accepting the Rescue Squad Assistance Fund grant offer made to the
City by the Virginia Department of Health, Office of Emergency Medical Services, and
authorizing execution of any required documentation on behalf of the City.
BE IT RESOLVI~.D by the Council of the City of Roanok~ as follows:
i. The City of Roanoke does hereby accept the Rescue Squad Assistance Fund grant
offered by the Virginia Department of Health, Office of Emergency Medical Services, in the
amount of $42,235 with a local match of $47,559, upon all the terms, provisions and conditions
relating to the receipt of such funds for the purchase of an ambulance. The grant is more
particularly described in the letter of the City Manager to Council dated February 6, 2006.
2. The City Manager and the City Clerk are hereby authorized to execute, seal, and
attest, respectively, the grant agreement and all necessary documents required to accept the grang
all such documents to be approved as to form by the City Attorney.
3. The City Manager is further directed to furnish such additional information as
may be required in connection with the City's acceptance of this grant.
City C~k. ~ ~ ~.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
February 6, 2006
Honorable C. Nelson Harris, Mayor
Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Brenda L McDaniel, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject:
Rescue Squad Assistance Fund
Grant Acceptance
Background:
The Virginia Department of Health, Office of Emergency Medical Services
administers a Rescue Squad Assistance Fund (RSAF) grant program that is
awarded twice annually. Roanoke Fire-EMS applied in September, 2005 for this
grant in order to purchase a Ford Type III Ambulance and medical monitoring
equipment.
In January, 2006, the State Office of Emergency Medical Services awarded
Roanoke Fire-EMS a grant of $42,235 towards the purchase of an ambulance
with an apparent bid if accepted of $89,794. The grant requires a $47,559 local
match. Sufficient matching funding for this grant is budgeted in Fleet
Management -Vehicular Equipment (017-440-2642-9010).
The State Office of Emergency Medical Services has also awarded Roanoke Fire-
EMS a grant in the amount of $19,500 towards the purchase of medical
monitoring equipment requiring a $19,500 local match. Funding for the local
match is budgeted in Local Match Funding for Grants (035-300-9700-5415).
Considerations:
City Council action is needed to formally accept and appropriate these funds,
and authorize the Director of Finance to establish revenue estimates and
The Honorable Mayor and Members of Council
February 6, 2006
Page 2
appropriate accounts to purchase the equipment and supplies in accordance
with provisions of this grant.
Recommended Action:
Accept the grant as described above and authorize the City Manager to execute any
required grant agreements or documents such to be approved as to form by the City
Attorney.
Adopt the accompanying budget ordinance to establish revenue estimates in the
amount of $61,735 (RSAF Grant) and $67,059 (RSAF Local Match), transfer $47,559 in
local match funding from the Fleet Management Fund (017-440-2642-9010), transfer
$19,500 from Local Match Funding For Grants (035-300-9700-5415) and appropriate
funding totaling $128,794 to an expenditure account to be established by the Director of
Finance in the Grant Fund.
DLB:tb
C:
Respectfully submitted,
Darlene L. I~trcham
City Manager
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
James Grigsby, Acting Assistant City Manager for Operations
David Hoback, Acting Fire-EMS Chief
Sherman M. Stovall, Director of Management and Budget
Ken Bernard, Fleet Manager
#CM06-00002
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
February 9, 2006
File #60-178-236
Stephanle M. Moon, CMC
Deputy City Clerk
Shella N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Budget Ordinance No. 37296-020606, appropriating
$80,000.00 in Community Development Block Grant funds for the World Changers
Program, and amending and reordaining certain sections of the 2005-2006 Grant
Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, February 6, 2006, and is in full force
and effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~nda correspondence 06~Feb 06~Feb 6 06 con'e~pondence.doc
Jesse A. Hall
February 9, 2006
Page 2
pc:
Darlene L. Burcham, City Manager
Sherman M. Stovall, Director, Office of Management and Budget
Ford P. Weber, Director, Housing and Neighborhood Services
Frank E. Baratta, Budget Team Leader
L:\CLERK~DATA\CKEW I~AGEN DA CORRESPONDENCE~agenda correspondence 06~Feb 06~Feb 6 06 cowespondence.doc
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of February, 2006.
No. 37296-020606.
AN ORDINANCE to appropriate Community Development Block Grant funding for
the World Changers Program, amending and reordaining certain sections of the 2005-2006
Grant Fund Appropriations, and dispensing with the second reading by title of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2005-2006 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Wodd Changers Project 2006 035-G06~0620-5468 $ 80,000
Revenues
Hotel Roanoke Section 108 Loan
Repayment 035-G06-0600-2634 80,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC Stephanie M. Moon, CMC
City Clerk Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
February 9, 2006
File #60-178-236
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 37297-020606 authorizing the appropriate
City officials to execute an amendment to the Consolidated Plan for FY 2005-2010,
providing for addition of the 2006 World Changers project and revision of the
Belmont Community Healthcare Center project, and to execute and submit the
necessary documents to the U. S. Department of Housing and Urban Development,
including a subgrant agreement, upon certain terms and conditions as more fully set
forth in a letter from the City Manager addressed to the Council under date of
February 6, 2006.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, February 6, 2006, and is in full force
and effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06\Feb 06\Feb 6 06 correspondence.doc
Darlene L. Burcham
February 9, 2006
Page 2
pc:
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
Ford P. Weber, Director, Housing and Neighborhood Services
Frank E. Baratta, Budget Team Leader
L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06\Feb 06\Feb 6 06 correspondence.doc
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 6th day of February, 2006.
No. 37297-020606;
A RESOLUTION authorizing the appropriate City officials to execute an amendment to the
Consolidated Plan for FY 2005-2010, providing for the addition ofthe'~2006 World Changers project
and the revision of the Belmont Community Healthcare Center project, and to execute and submit
necessary documents to the U.S. Department of Housing and Urban Development ("HUD"),
including a subgrant agreement, upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is
authorized to amend the Consolidated Plan for FY 2005-2010, providing for the addition of the 2006
World Changers project and the revision of the Belmont Community Healthcare Center project, and
to execute and submit to HUD any additional necessary documents related to such addition and
revision, such documents to be approved as to form by the City Attorney, as is more particularly set
forth in the City Manager's letter dated February 6, 2006, to this Council.
BE IT FURTHER RESOLVED by the Council of the City of Roanoke that the City Manager
and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest,
respectively, a Community Development Block Grant ("CDBG") Subgrant Agreement with the Blue
Ridge Housing Development Corporation, Inc., such document to be similar in form and content to
the attachment to the City Manager's letter dated February 6, 2006, to City Council and approved as
to form by the City Attorney, all of which is more particularly set forth in the City Manager's letter
dated February 6, 2006, to this Council.
City Clerk:
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
February 6, 2006
Honorable C. Nelson Harris, Mayor
Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Brenda L. McDaniel, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor and Members of Council:
Subject:
Amendment of the 2005-
2010 Consolidated Plan
and Execution of a CDBG
Agreement with Blue Ridge
Housing Development
Corporation, Inc.
Background:
In order to receive Community Development Block Grant (CDBG), HOME
Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) funding, the
City of Roanoke must submit a five-year Consolidated Plan and Annual Updates
to the U.S. Department of Housing and Urban Development (HUD). Substantial
amendments to the plan must undergo a 30-day public review and be approved
by City Council. It is recommended that the City's 2005-2010 Consolidated
Plan be amended to (1) add the 2006 World Changers project, and (2) revise the
Belmont Community Healthcare Center project.
World Changers, a volunteer ministry of the North American Mission Board,
Southern Baptist Convention (World Changers), brings together youth and
adults from across the Nation to participate in housing and related community
service projects. Last year, under a subgrant agreement with Blue Ridge
Housing Development Corporation, Inc. (BRHDC), which provided CDBG funding
for materials and other support, some 350 World Changers volunteers assisted
in repairing over 30 homes in the city. Given three consecutive successful years
with this project, and the productive working relationships that have been
The Honorable Mayor and Members of Council
February 6, 2006
Page 2
established, the City, BRHDC and World Changers are looking to conduct
another project during the weekofJuly 10, 2006. Atotal of $80,000 in CDBG
funds is to be committed to the 2006 project, as detailed in the attached draft
subgrant agreement.
The Belmont Community Healthcare Center (BCHC) project was originally
designed to use $42,000 in CDBG funding for predevelopment costs associated
with constructing a healthcare center to serve the Belmont and Fallon
neighborhoods. Uncertainties in other federal resources have required
postponing development of the facility. This amendment would allow the CDBG
funds to assist with obtaining health services needed by residents. The services
would be provided at neighborhood or other sites through partnerships with
other health providers.
Considerations:
The required 30-day public review period for these amendments began on
December 21, 2005, with comments due by the close of business January 23,
2006. No objections to the proposed amendments have been received.
In order to implement these activities, City Council's authorization to execute
subgrant agreements is needed. With respect to World Changers, a subgrant
agreement, similar in form and content to the attachment to this letter, will
outline the activities to be undertaken. The $80,000 in CDBG funds needed for
the agreement must be appropriated from approximately $404,000 in 2005-
2006 program income in excess of current revenue estimates. This includes
$445,000 excess program income received from the Hotel Roanoke, less other
planned program income still to be collected from other sources. The balance
of the excess program income will be appropriated for use in the 2006-2007
budget.
With respect to the BCHC project, the subgrant agreement is still in
development, it is anticipated that this agreement will be brought before City
Council at the February 21" meeting.
Recommended Actions:
1. Authorize the City Manager to amend the 2005-2010 Consolidated Plan
Annual Update to add the World Changers project and revise the Belmont
Community Healthcare Center project, including submission of necessary
documents to HUD.
The Honorable Mayor and Members of Council
February 6, 2006
Page 3
2. Adopt the accompanying budget ordinance to increase the revenue estimate
in account 035-G06-0600-2634 (Hotel Roanoke Section 108 Loan) in the
amount of $80,000 and appropriate funding of the same to expenditure
account 035-G06-0620-5468 (World Changers 2006 Funds).
3. Authorize the City Manager to execute a CDBG Subgrant Agreement with
Blue Ridge Housing Development Corporation, Inc., similar in form and
content to the attachment to this letter, and approved as to form by the City
Attorney.
Respectfully submitted,
DLB:sp
Attachments
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Ford Weber, Director of Housing and Neighborhood Services
Frank E. Baratta, Budget Team Leader
CM06-00005
AGREEMENT
This agreement is made and entered into this first day of March, 2006, by and
between the following parties:
The Grantee
City of Roanoke, Virginia
215 Church Avenue, S.W.
Roanoke, Virginia 24011
The Subgrantee
Blue Ridge Housing
Development Corporation, Inc.
510 11 th Street, N.W.
Roanoke, Virginia 24017
WITNESSETH
WHEREAS, by Resolution No ...... - ....... adopted ........... 200_, the Council
of the City of Roanoke, Virginia, ("Council") authorized amending the 2005-2010
Consolidated Plan to provide funding for the 2006 World Changers activities; and
WHEREAS, by Resolution No ...... - ....... Council authorized the execution of a
subgrant agreement between the Grantee and the Subgranteeto conduct the 2006
World Changers activities and by Ordinance No ...... - ...... appropriated funds
therefor;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF SERVICES:
General - Activities to be undertaken by the Subgrantee under this
Agreement shall be known as the "Summer 2006 World Changers
Housing Rehabilitation Project" (the "Project") and have as their purpose
the rehabilitation of single-family housing. Through CDBG funding
provided by the Grantee, the Subgrantee will coordinate the
rehabilitation of approximately thirty (30) homes located in targeted
areas of the City of Roanoke. In addition, the Subgrantee may
coordinate community service projects such as block litter clean-ups,
gateway beautification, planting trees or shrubbery in the areas of
property rehabilitation. All homes assisted with CDBG funds under this
Agreement shall be the principal residences of "eligible homeowners,"
as described in section 1.b. below. Further, housing activities shall be
conducted in a manner consistent with the Subgrantee's due diligence
and cost detail incorporated into this Agreement by reference.
b. Eligible Homeowners -- For the purposes ofthisAgreement, an "eligible
homeowner" shall mean a family whose income, adjusted for family
Page 1 of 21 Pages
size, does not exceed 80% of the area median income defined by the
U.S. Department of Housing and Urban Development ("HUD") and in
effect at the time the family applies for assistance. In addition, the
home for which the family is applying for assistance must be the
family's principal residence. The Subgrantee shall prepare, and retain
with records of the Project, documentation of its determination of each
eligible family's size and income, including the name, age, and the
sources and estimated amount of income anticipated for the
succeeding twelve months for each individual related by birth, marriage
or adoption living in the same household at the time of the
determination.
Allowable Expenditures -- Funds provided by the Grantee under this
Agreement shall be used by the Subgrantee solely for the costs
associated with coordinating the rehabilitation of approximately thirty
(30) homes in the targeted areas of the City of Roanoke. Except as
indicated below, funds under this Agreement may be expended for any
necessary, reasonable and allowable CDBG costs, including, but not
necessarily limited to, staff, marketing, property preparation, supplies
and equipment rental, rehabilitation costs, and other related costs
associated with the Project. With the Grantee's prior approval,
expenditures may also include the cost of capacity-building activities of
the Subgrantee.
Period of this Agreement --This Agreement shall be effective as of
......... 200_, and, unless amended, shall end September 30, 2006.
BUDGET
Unless amended, the total amount of CDBG fund provided by the Grantee
under this Agreement shall not exceed $80,000. Of this amount, not more
than $8,000 shall be used by the Subgrantee for general administrative,
project delivery and capacity-building activity costs without prior written
approval from the Grantee. At the sole discretion of the Grantee, any funds
remaining unexpended as of the end date of this Agreement may be
deobligated from the Agreement and made available for other CDBG
projects of the Grantee, as appropriate.
REQUESTS FOR DISBURSEMENTS OF FUNDS
Disbursement of funds under this Agreement shall not be requested
until the funds are needed for payment of allowable expenses. The
amount of each disbursement request must be limited to the amount
needed.
In general, disbursements shall be requested no more frequently than
monthly, and shall be submitted to the Grantee's Department of
Page 2 of 21 Pages
Housing and Neighborhood Services in form and content satisfactory to
the Grantee, including copies of invoices or bills from vendors
supporting the request. Requests for payment of staff wages and
benefits shall be supported by payroll summaries or similar
documentation.
Disbursement of funds to the Subgrantee for properly documented
requests will generally be made within ten (10) days of receipt, subject
to the allowability of costs and the timely receipt of monthly reports
(see section 5 below).
All requests for disbursements of funds associated with activities under
this Agreement must be received by the Grantee within 30 calendar
days of the ending date set forth in section 1.d. above. The Grantee
shall not be bound to honor requests for disbursements received after
this 30-day period has expired.
RECORDS REQUIREMENTS
Records to be maintained -- At a minimum, the Subgrantee shall
maintain financial and project documents and records which comply
with the requirements of 24 CFR 570.506, and 570.507, as applicable.
Period of record retention -- In compliance with the requirements of 24
CFR 570.502(b), the Subgrantee shall retain financial and project
documents and records pertaining to this Agreement for a period of
four (4) years, as applicable, or the conclusion of any legal or
administrative process requiring their use, whichever is later.
Access to records--The Grantee and other entities shall have access to
financial and project documents and records pertaining to this
Agreement in compliance with the applicable requirements of 24 CFR
84.53.
REPORTING REQUIREMENTS
By the 7th working day following the end of each month, the
Subgrantee shall report the progress of activities covered by this
Agreement, in a format acceptable to the Grantee's Department of
Housing and Neighborhood Services. Such monthly reports shall
include, but not be limited to, the following:
(1)
A narrative section summarizing progress to-date on each
program included under the Scope of Services and documents any
matching funds identified or to be contributed by the Subgrantee;
(2) A list of monthly gross program income receipts from all sources;
Page 3 of 21 Pages
(3) A list of any real or non-expendable personal property, including
equipment, purchased with CDBG funds; and
(4)
A table providing data on each housing unit and eligible family
assisted (see Attachment A for minimum data elements to be
reported).
The Subgrantee agrees to submit any other reports or documentation
as requested by the Grantee concerning activities covered under this
agreement.
MONITORING
The Subgrantee shall monitor the progress of the project covered by this
Agreement, and shall submit appropriate reports to the Grantee's
Department of Housing and Neighborhood Services. In addition, it is the
Grantee's intention to monitor the Subgrantee's performance and financial
and programmatic compliance, which may include on-site reviews, at least
once during the period of this Agreement.
ANNUALAUDIT
As an entity receiving more than $300,000 in federal funding from the
Grantee, the Subgrantee shall provide for an annual independent audit of
the CDBG/HOME expenditures under this Agreement which complies with
OMB CircularA-133. Within 30 days following its completion, two (2) copies
of the audit will be provided to the Grantee's Department of Housing and
Neighborhood Services.
PROGRAM INCOME:
"Program income" means gross income received by the Grantee or
Subgrantee directly generated from the use of CDBG funds. Program income
from any and all sources shall be submitted to the Grantee within five (5)
days of its receipt by the Subgrantee. No program income is expected.
REVERSION OF ASSETS
Upon expiration or termination of this Agreement, including any
amendments thereto, the Subgrantee shall transfer to the Grantee any
CDBG funds or Program Income on hand at the time of expiration or
termination and any accounts receivable attributable to the use of
CDBG funds.
b. Any real property under the Subgrantee=s control that was acquired or
improved, in whole or in part, with CDBG funds in excess of $2S,OOO:
Page 4 of 21 Pages
(1)
Shall continue for a period of not less than five years following
expiration of this Agreement, including any amendments thereto,
to be used to meet one of the CDBG national objectives cited in 24
CFR 570.208; or
(2)
If the property is not used in accordance with paragraph (1)above,
the Subgrantee shall pay the Grantee an amount equal to the
current market value of the property less any portion of the value
attributable to expenditures of non-CDBG funds for the acquisition
of, or improvement to, the property. The payment shall be
considered Program Income to the Grantee.
10. SUSPENSION AND TERMINATION
In the event the Subgrantee materially fails to comply with any term of the
Agreement, the Grantee may suspend or terminate, in whole or in part, this
Agreement or take other remedial action in accordance with 24 CFR 85.43.
The Agreement may be terminated for convenience in accordance with 24
CFR 85.44.
11. COMPLIANCE WITH FEDERAL REGULATIONS
The Subgrantee agrees to abide by the HUD conditions for CDBG programs
as set forth in Attachment B and all other applicable federal regulations
relating to specific programs performed hereunder. Further, the Subgrantee
agrees to require compliance with applicable federal regulations of the
contractor by agreement.
12. SECTION 504:
The Subgrantee agrees to comply with any federal regulation issued
pursuant to compliance with the Section 504 of the Rehabilitation Act of
1973, as amended which prohibits discrimination against the disabled in
any federal assisted program.
13. OTHER PROGRAM/PROIECT REQUIREMENTS
In addition to other requirements set forth herein, the Subgrantee shall
likewise comply with the applicable provisions of Subpart K of 24 CFR 570,
in accordance with the type of project assisted. Such other requirements
include, but are not necessarily limited to, the following.
Property standards and lead-based paint -- All housing assisted shall
meet the Statewide Building Code and the lead-based paint
requirements in 24 CFR 570.608. In accordance with regulations, the
Subgrantee shall adhere to lead-based paint abatement practices, as
Page 5 of 21 Pages
applicable, and in no case shall use lead-based paint in the
construction or rehabilitation of the properties assisted under this
Agreement.
Section 109 -- In accordance with Section 109 of the Housing and
Community Development Act of 1974 (42 U.S.C. 3535(d)), no person in
the United States shall on grounds of race, color, religion, sex or
national origin be excluded from participation in, denied the benefits
of, or subjected to discrimination under any program or activity funded
in whole or in part with funds available under this Agreement. (See
also Attachment B.)
Conditions for reliqious orqanizations --The Subgrantee shall not grant
or loan any CDBG funds to primarily religious organizations for any
activity including secular activities. In addition, funds may not be used
to rehabilitate or construct housing owned by primarily religious
organizations or to assist primarily religious organizations in acquiring
housing. In particular, there shall be no religious or membership
criteria for homeowners to be assisted under this Agreement.
Labor standards -- As herein structured, the program covered by this
Agreement is not considered subject to federal Labor Standards,
including prevailing (Davis-Bacon) wage rates for non-volunteer labor.
Such standards will be applicable in the event CDBG funds are used for
infrastructure improvements. Such standards will also become
applicable for any single structure in which more than 7 housing units
are assisted.
Environmental standards -- In accordance with 24 CFR 85.36, 92.352
and 570.604, the activities under this Agreement are subject to
environmental review requirements. Such requirements include, but are
not necessarily limited to, historic significance, floodplain, and lead-
based paint. The Grantee has performed the tiered review necessary to
initiate the preliminary program activities; however, no CDBG funds
shall be disbursed by the Grantee for a given property prior to the
Subgrantee's complying with the Grantee's environmental procedures,
including the Subgrantee's completion of the required tier-2
environmental checklist and any required remedial actions. All such
actions shall be carried out by the Subgrantee using qualified persons
or entities. All property acquisitions shall be made contingent upon
satisfactory results of the environmental process. All specifications for
proposed housing rehabilitation under this Agreement shall be
submitted to the Grantee's Department of Housing and Neighborhood
Services for review as to compliance with Section 106 of the National
Historic Preservation Act. These specifications shall also be reviewed
by the Grantee's Environmental Administrator to determine whether
the potential for disturbing lead and other hazardous materials, such
Page 6 of 21 Pages
as asbestos, has been adequately taken into account. The Subgrantee
agrees to adjust work specifications or activities in such manner as may
be requested by the Grantee to ensure compliance with environmental
requirements. The results of the historic and other environmental
review activities shall be reflected in the Subgrantee's environmental
checklist for the unit and/or project site(s).
Displacement and relocation -- In accordance with 24 CFR 570.606, the
Subgrantee shall take all reasonable steps to minimize displacement as
a result of the activities described in section 1. Any persons displaced
as a result of the activities under this Agreement shall be provided
relocation assistance to the extent permitted and required under
applicable regulations.
Employment and contractinq opportunities -- In accordance with 24
CFR 570.607, the activities under this Agreement are subject to the
requirements of Executive Order 11246, as amended, and Section 3 of
the Housing and Urban Development Act of 1968. The former
prohibits discrimination on federally-assisted construction contracts
and requires contractors to take affirmative action regarding
employment actions. The latter provides that, to the greatest extent
feasible and consistent with federal, state and local laws, employment
and other economic opportunities arising housing rehabilitation,
housing construction and public construction projects shall be given to
Iow- and very-low-income persons. (See also Attachment B.)
Debarment and suspension -- In accordance with 24 CFR 24, the
Subgrantee shall not employ or otherwise engage any debarred,
suspended, or ineligible contractors or subcontractors to conduct any
activities under this Agreement. The Subgrantee will consult
appropriate references, including, but not limited to, the Excluded
Parties Listing Service website at http.'//ep/s, arnet, gov, to ascertain the
status of any third parties prior to engaging their services. The
Subgrantee will submit to the Grantee's Department of Housing and
Neighborhood Services the names of contractors and subcontractors
selected under this Agreement, including a certification by the
Subgrantee that it has determined that none of these entities are
presently debarred, suspended, or ineligible.
Uniform administrative requirements -- The Subgrantee shall comply
with the requirements and standards set forth in 24 CFR 570.502, and
all applicable CDBG and other federal regulations pertaining to the
activities performed under this Agreement.
Conflict of interest -- In accordance with 24 CFR 570.61 l, no covered
individual who exercises any functions or responsibilities with respect
to the program, during his tenure or for one (1) year thereafter, shall
Page 7 of 21 Pages
have any interest, direct or indirect, in any contract or subcontract, or
the proceeds thereof, for work to be performed in connection with the
program assisted under this Agreement. The Subgrantee shall
incorporate, or cause to be incorporated, in any contracts or
subcontracts pursuant to this Agreement a provision prohibiting such
interest pursuant to the purposes of this section.
14. EQUAL EMPLOYMENT OPPORTUNITY
Non-Discrimination: During the performance of this Agreement, the
Subgrantee agrees as follows:
The Subgrantee 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 reasonably necessary to the normal
operation of the Subgrantee. The Subgrantee agrees to post in
conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this
nondiscrimination clause.
The Subgrantee, in all solicitations or advertisements for employees
placed by or on behalf of the Subgrantee, will state that such
Subgrantee is an equal opportunity employer.
Notices, advertisement and solicitations placed in accordance with
federal law, rule or regulation shall be deemed sufficient for the
purpose of meeting the requirements of this section.
The Subgrantee will include the provisions of the foregoing subsections
(a), (b) and (c) in every contract or purchase order of over ten thousand
dollars and no cents ($10,000.00) so that the provisions will be binding
upon each contractor or vendor.
15. DRUG-FREE WORKPLACE
The Subgrantee will: (i) provide a drug-free workplace for the Subgrantee's
employees; (ii) 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 the Subgrantee's
workplace and specifying the actions that will be taken against employees
for violations of such prohibition; (iii) state in all solicitations or
advertisements for employees placed by or on behalf of the Subgrantee that
the Subgrantee maintains a drug-free workplace; and (iv) include the
provisions of the foregoing clauses in every subcontract or purchase order
Page 8 of 21 Pages
of over ten thousand dollars and no cents ($10,000.00), so that the
provisions will be binding upon each subcontractor or vendor. For the
purposes of this subsection, "drug-free workplace" means a site for the
performance of work done in connection with this contract.
16. FAITH-BASED ORGANIZATIONS
Pursuant to '2.2-4343.1 of the Code of Virginia (1950), as amended, the
City of Roanoke does not discriminate aqainst faith-based orqanizations.
17. THIRD-PARTY CONTRACTS
The Grantee shall not be obligated or liable hereunder to any party other
than the Subgrantee.
18. INDEMNIFICATION
The Subgrantee agrees and binds itself and its successors and assigns to
indemnify, keep and hold the Grantee and its officers, employees, agents,
volunteers and representatives free and harmless from any liability on
account of any injury or damage of any type to any person or property
growing out of or directly or indirectly resulting from any act or omission of
the Subgrantee including: (a) the Subgrantee's use of the streets or
sidewalks of the Grantee or other public property; (b) the performance
under this Agreement; (c) the exercise of any right or privilege granted by or
under this Agreement; or (d) the failure, refusal or neglect of the Subgrantee
to perform any duty imposed upon or assumed by Subgrantee by or under
this Agreement. In the event that any suit or proceeding shall be brought
against the Grantee or any of its officers, employees, agents, volunteers or
representatives at law or in equity, either independently orjointlywith the
Subgrantee on account thereof, the Subgrantee, upon notice given to it by
the Grantee or any of its officers, employees, agents, volunteers or
representatives, will pay all costs of defending the Grantee or any of its
officers, employees, agents, volunteers or representatives in any such action
or other proceeding. In the event of any settlement or any final judgement
being awarded against the Grantee or any of its officers, employees, agents,
volunteers or representatives, either independently or jointly with the
Subgrantee, then the Subgrantee will pay such settlement or judgement in
full or will comply with such decree, pay all costs and expenses of
whatsoever nature and hold the Grantee or any of its officers, employees,
agents, volunteers or representatives harmless therefrom.
19. INDEPENDENT CONTRACTOR
Services performed under this agreement shall be performed on an
independent contractor basis and under no circumstances shall this
Agreement be construed as establishing an employee/employer
Page 9 of 21 Pages
relationship. The Subgrantee shall be completely responsible for its
activities in performing services hereunder.
20. SUCCESSORS
This Agreement shall be binding upon each of the parties, and their assigns,
purchasers, trustees, and successors.
21. ENTIRE AGREEMENT
This Agreement, including all of its Attachments, represents the entire
agreement between the parties and shall not be modified, amended, altered
or changed, except by written agreement executed by the parties.
22. AMENDMENTS
The Grantee may, from time to time, require changes in the obligations of
the Subgrantee hereunder, or its City Council may appropriate further funds
for the implementation of this HOME rehabilitation project. In such event or
events, such changes which are mutually agreed upon by and between the
Grantee and the Subgrantee shall be incorporated by written amendment to
this Agreement.
21. GOVERNING LAW
This Agreement shall be governed by laws of the Commonwealth of Virginia.
23. AVAILABILITY OF FUNDS
CDBG and/or HOME funding to be made available by the Grantee under this
Agreement is contingent upon necessary appropriations by the U.S.
Congress. In the event that sufficient funds are not appropriated, at the sole
discretion of the Grantee, this Agreement may be terminated in whole or in
part.
24. ANTI-LOBBYING
To the best of the Subgrantee's knowledge and belief, no federal
appropriated funds have been paid or will be paid, by or on behalf of it, to
any persons for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of
any Federal contract, grant, loan, or cooperative agreement. If any funds
other than Federal appropriated funds have been paid or will be paid to any
Page 10 of 21 Pages
person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with this Agreement,
the Subgrantee will complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
25. INSURANCE
Requirement of insurance. The Subgrantee shall, at its sole expense,
obtain and maintain during the life of this Agreement or shall ensure
that such insurance is obtained and maintained in place, the insurance
policies required by this section. Any required insurance policies shall
be effective prior to the beginning of any work or other performance by
the Subgrantee under this Agreement. The following policies and
coverages are required:
(1)
Commercial General Liability. Commercial general liability
insurance shall insure against all claims, loss, cost, damage,
expense or liability from loss of life or damage or injury to persons
or property arising out of the Subgrantee--s performance under
this Agreement. The minimum limits of liability for this coverage
shall be $1,000,000.00 combined single limit for any one
occurrence.
(2)
Automobile Liability. The minimum limit of liability for automobile
liability insurance shall be $1,000,000.00 combined single limit
applicable to owned or non-owned vehicles used in the
performance of any work under this Agreement.
Umbrella Coverage. The insurance coverages and amounts set forth in
subsections (1) and (2) of this section may be met by an umbrella
liability policy following the form of the underlying primary coverage in
a minimum amount of $1,000,000.00. Should an umbrella liability
insurance coverage policy be used, such coverage shall be accompanied
by a certificate of endorsement stating that it applies to the specific
policy numbers indicated for the insurance providing the coverages
required by subsections (1) and (2), and it is further agreed that such
statement shall be made a part of the certificate of insurance furnished
by the Subgrantee to this City.
c. Evidence of Insurance. All insurance shall meet the following
requirements:
(1)
Prior to execution of this Agreement, the Subgrantee, or its
designee shall furnish the City a certificate or certificates of
insurance showing the type, amount, effective dates and date of
expiration of the policies. Certificates of insurance shall include
Page 11 of 21 Pages
any insurance deductibles. Such certificates shall be attached to
this Agreement at the time of execution of this Agreement and
shall be furnished in a timely fashion to demonstrate continuous
and uninterrupted coverage of all of the required forms of
insurance for the entire term of this Agreement.
(2)
The required certificate or certificates of insurance shall include
substantially the following statement: AThe insurance covered by
this certificate shall not be canceled or materially altered, except
after thirty (30) days written notice has been received by the Risk
Management Officer for the City of Roanoke.~
(3)
The required certificate or certificates of insurance shall name the
City of Roanoke, its officers, employees, agents, volunteers and
representatives as additional insureds.
(4)
Insurance coverage shall be in a form and with an insurance
company approved by the City which approval shall not be
unreasonablywithheld. Any insurance company providing coverage
under this Agreement shall be authorized to do business in the
Commonwealth of Virginia.
(This space intentionally left blank.)
Page 12 of 21 Pages
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year hereinabove written:
ATTEST:
FOR THE GRANTEE:
By. By
Mary F. Parker, City Clerk
Darlene L. Burcham, City Manager
A~I-EST:
FOR THE SUBGRANTEE:
By. By
Cyndi Stultz, Secretary
Alvin Nash, President and CEO
APPROVED AS TO CDBG ELIGIBILITY
APPROVED AS TO FORM
Department of Housing and
Neighborhood Services
Assistant City Attorney
APPROVED AS TO EXECUTION
APPROPRIATION AND FUNDS
FOR THIS CONTRACT CERTIFIED
Assistant City Attorney
Director of Finance
Date
Account#
Page 13 of 21 Pages
Attachments
Attachment A - Housing/Beneficiary Reporting Elements
Attachment B - Special Federal Terms and Conditions
Page 14~21 Pages
Attachment A
Housing/Beneficiary Reporting Elements
On a monthly basis, the Subgrantee shall provide a narrative report to the Grantee
summarizing progress on the project to-date. Accompanying the narrative, the
Subgrantee shall submit data in a table or spreadsheet format that is needed in
order that the Grantee may complete its required reports to HUD. Data provided
by the Subgrantee shall include:
Property
-- Address
-- Number of bedrooms
-- Status (pending, under construction, completed or sold)
Homeowner
-- Name
-- Total family income (projected for 1 2 months following determination)
-- Number in family
-- Ethnic group
-- Whether family is headed by a single female
-- Whether head of household is disabled
CDBG funds committed to property
Prime
Contractor (if applicable)
Name
Federal I.D. Number (or Owner Social Security Number)
Whether Minority-Owned, Women-Owned or Both
CDBG funds committed to Prime
Subcontractor (if applicable; provide separate data for each subcontractor)
-- Name
-- Federal I.D. Number (or Owner Social Security Number)
-- Whether Minority-Owned, Women-Owned or Both
-- CDBG funds committed to Subcontractor
Page 15~21 Pages
Attachment B
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SPECIAL TERMS AND CONDITIONS
(Agreements $10,000 or Over)
"Section 3" Compliance -- Provision of Traininq, Employment and Business
OoDortunities:
The work to be performed under this contract is on a project assisted
under a program providing direct Federal financial assistance from the
Department of Housing and Urban Development and is subject to the
requirements of Section 3 of the Housing and Urban Development Act
of 1968, as amended, 12 U.S.C. 170. Section 3 requires that to the
greatest extent feasible opportunities for training and employment be
given lower income residents of the project area and contracts for work
in connection with the project be awarded to business concerns which
are located in, or owned in substantial part by persons residing in the
area of the project.
The parties to this contract will comply with the provisions of said
Section 3 and the regulations issued pursuant thereto by the Secretary
of Housing and Urban Development set forth in 24 CFR 135, and all
applicable rules and orders of the Department issued thereunder prior
to the execution of this contract. The parties to this contract certify
and agree that they are under no contractual or other disability which
would prevent them from complying with these requirements.
The Subgrantee will send to each labor organization or representative
of workers with which he has a collective bargaining agreement or
other contract or understanding, if any, a notice advising the said labor
organization or workers' representative of his commitments under this
Section 3 clause and shall post copies of the notice in conspicuous
places available to employees and applicants for employment or
training.
The Subgrantee will include this Section 3 clause in every subcontract
for work in connection with the project and will, at the direction of the
applicant for or recipient of Federal financial assistance, take
appropriate action pursuant to the subcontract upon a finding that the
contractor is in violation of regulations issued by the Secretary of
Housing and Urban Development 24 CFR Part 135. The Subgranteewill
not subcontract with any contractor where it has notice or knowledge
that the latter has been found in violation of regulations under 24 CFR
Page 16 of 21 Pages
part 135 and will not let any subcontract unless the contractor has first
provided it with a preliminary statement of ability to comply with the
requirements of these regulations.
Compliance with the provisions of Section 3, the regulations set forth
in 24 CFR Part 135, and all applicable rules and orders of the
Department issued hereunder prior to the execution of the contract,
shall be a condition of the federal financial assistance provided to the
project, binding upon the applicant or recipient for such assistance, its
successor and assigns. Failure to fulfill these requirements shall
subject the applicant or recipient, its Subgrantees and contractors, its
successors and assigns to those sanctions specified by the grant or
loan agreement or contract through which Federal assistance is
provided, and to such sanctions as are specified by 24 CFR Part 135.
Equal Employment Opportunity: Contracts subject to Executive Order
11246, as amended: Such contracts shall be subject to HUD Equal
Employment Opportunity regulations at 24 CFR Part 130 applicable to
HUD-assisted construction contracts.
The Subgrantee shall cause or require to be inserted in full in any
non-exempt contract and subcontract for construction work, or modification
thereof as defined in said regulations, which is paid for in whole or in part
with assistance provided under this Agreement, the following equal
opportunity clause: "During the performance of this contract, the
Subgrantee agrees as follows:
The Subgrantee will not discriminate against any employee or applicant
for employment because of race, color, religion, sex or national origin.
The Subgrantee will take affirmative action to ensure that applicants
are employed and that employees are treated during employment
without regard to their race, color, religion, sex or national origin.
Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including
apprenticeship. The Subgrantee agrees to post in conspicuous places
available to employees and applicants for employment, notices to be
provided by the contracting officer setting forth the provisions of this
nondiscrimination clause.
The Subgrantee will, in all solicitations or advertisements for
employees placed by or on behalf of the Subgrantee, state that all
qualified applicants will receive consideration for employment without
regard to race, color, religion, sex or national origin.
c. The Subgrantee will send to each labor union or representative of
Page 17 of 21 Pages
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided by the Contract
Compliance Officer advising the said labor union or workers'
representatives of the Subgrantee's commitment under this section and
shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
The Subgrantee will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations and
relevant orders of the Secretary of Labor.
The Subgrantee will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by the rules,
regulations and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records and accounts by the
Department and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations and orders.
fo
n the event of the Subgrantee's noncompliance with the
nondiscrimination clauses of this contract or with any of such rules,
regulations or orders, this contract may be canceled, terminated or
suspended in whole or in part, and the Subgrantee may be declared
ineligible for further Government contracts or Federally-assisted
construction contract procedures authorized in Executive Order 11246
of September 24, 1965, or by rule, regulation or order of the Secretary
of Labor, or as otherwise provided by law.
The Subgrantee will include the portion of the sentence immediately
preceding paragraph (A) and the provisions of paragraphs (A) through
(G) in every subcontract or purchase order unless exempted by rules,
regulations or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each contractor or vendor. The
Subgrantee will take such action with respect to any subcontract or
purchase order as the Department may direct as a means of enforcing
such provisions, including sanctions for noncompliance; provided,
however, that in the event a Subgrantee becomes involved in or is
threatened with litigation with a contractor or vendor as a result of
such direction by the Department, the Subgrantee may request the
United States to enter into such litigation to protect the interest of the
United States."
The Subgrantee further agrees that it will be bound by the above equal
opportunity clause with respect to its own employment practices when it
participates in Federally-assisted construction work; provided, that if the
Subgrantee so participating is a State or local government, the above equal
opportunity clause is not applicable to any agency, instrumentality or
Page 18 of 21 Pages
subdivision of such government which does not participate in work on or
under the contract. The Subgrantee agrees that it will assist and cooperate
actively with the Department and the Secretary of Labor in obtaining the
compliance of Subgrantees and contractors with the equal opportunity
clause and the rules, regulations and relevant orders of the Secretary of
Labor; that it will furnish the Department and the Secretary of Labor such
compliance; and that it will otherwise assist the Department in the
discharge of its primary responsibility for securing compliance.
The Subgrantee further agrees that it will refrain from entering into any
contract or contract modification subject to Executive Order 11246 of
September 24, 1965, with a Subgrantee debarred from, or who has not
demonstrated eligibility for Government contracts and Federally-assisted
construction contracts pursuant to the Executive Order and will carry out
such sanctions and penalties for violation of the equal opportunity clause as
may be imposed upon Subgrantees and contractors by the Department or
the Secretary of Labor pursuant to Part II, Subpart D, of the Executive Order.
In addition, the Subgrantee agrees that if it fails or refuses to comply with
these undertakings, the Department may take any or all of the following
actions: cancel, terminate or suspend in whole or in part the grant or loan
guarantee; refrain from extending any further assistance to the Subgrantee
under the Program with respect to which the failure or refusal occurred until
satisfactory assurance of future compliance has been received from such
Subgrantee; and refer the cause to the Department of Justice for
appropriate legal proceedings.
Nondiscrimination Under Title VI of the Civil Riqhts Act of 1964: This
Agreement is subject to the requirements of Title VI of the Civil Rights Act
of 1964 (P.L. 88-352) and HUD regulations with respect thereto, including
the regulations under 24 CFR Part 1. In the sale, lease or other transfer of
land acquired, cleared or improved with assistance provided under this
Agreement, the Subgrantee shall cause or require a covenant running with
the land to be inserted in the deed or lease for such transfer, prohibiting
discrimination upon the basis or race, color, religion, sex or national origin,
in the sale, lease or rental, or in the use of occupancy of such land or any
improvements erected or to be erected thereon, and providing that the
Subgrantee and the United States are beneficiaries of and entitled to
enforce such covenant. The Subgrantee, in undertaking its obligation in
carrying out the program assisted hereunder, agrees to take such measures
as are necessary to enforce such covenant and will not itself so discriminate.
4. Section 504 and Americans with Disabilities Act:
The Subgrantee agrees to comply with any federal regulation issued
pursuant to compliance with the Section 504 of the Rehabilitation Act of
1973, as amended, and the Americans with Disabilities Act, which prohibit
discrimination against the disabled in any federal assisted program.
Page 19~21 Pages
Obliqations of Subqrantee with Respect to Certain Third-party
Relationships: The Subgrantee shall remain fully obligated under the
provisions of the Agreement, notwithstanding its designation of any third
party or parties for the undertaking of all or any part of the program with
respect to which assistance is being provided under this Agreement to the
Subgrantee. Any Subgrantee which is not the Applicant shall complywith all
lawful requirements of the Applicant necessary to insure that the program,
with respect to which assistance is being provided under this Agreement to
the Subgrantee is carried out in accordance with the Applicant's Assurances
and certifications, including those with respect to the assumption of
environmental responsibilities of the Applicant under Section 104(h) of the
Housing and Community Development Act of 1974.
Interest of Certain Federal Officials: No member of or delegate to the
Congress of the United States, and no Resident Commissioner, shall be
admitted to any share or part of this Agreement or to any benefit to arise
from the same.
Prohibition Aqainst Payments of Bonus or Commission: The assistance
provided under this Agreement shall not be used in the payment of any
bonus or commission for the purpose of obtaining HUD approval of the
application for such assistance, or HUD approval or applications for
additional assistance, or any other approval or concurrence of HUD required
under this Agreement, Title I of the Housing and Community Development
Act of 1974, or HUD regulations with respect thereto; provided, however,
that reasonable fees or bona fide technical, consultant, managerial or other
such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as program costs.
"Section 109": This Agreement is subject to the requirements of Section
109 of the Housing and Community Development Act of 1974, 42 U.S.C.
3535(d). No person in the United States shall on the ground of race, color,
religion, sex or national origin be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any program or
activity funded in whole or in part with funds available under this title.
Access to Records and Site of Employment: This agreement is subject to
the requirements of Executive Order 11246, Executive Order 1375, Civil
Rights Act of 1964, as amended. Access shall be permitted during normal
business hours to the premises for the purpose of conducting on-site
compliance reviews and inspecting and copying such books, records,
accounts, and other material as may be relevant tot he matter under
investigation and pertinent to compliance with the Order, and the rules and
regulations promulgated pursuant thereto by the Subgrantee. information
obtained in this manner shall be used only in connection with the
administration of the Order, the administration of the Civil Rights At of
Page 20 of 21 Pages
10.
1964 (as amended) and in furtherance of the purpose of the Order and that
Act.
Leqal Remedies for Contract Violation: If the Subgrantee materially fails to
comply with any term of this Agreement, whether stated in a Federal statute
or regulation, an assurance, in aState plan or application, anotice of award,
or elsewhere, the City may take one or more of the following action, as
appropriate in the circumstances:
a. Temporarily withhold cash payments pending correction of the
deficiency by the Subgrantee,
b. Disallow all or part of the cost of the activity or action not in
compliance,
c. Wholly or partly suspend or terminate the current Agreement, or
d. Take other remedies that may be legally available.
Page 21 of 21 Pages
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC Stephanie M. Moon, CMC
City Clerk Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
February 9, 2006
File #184-200-450
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 37298-020606 amending Paragraph 6 of
Ordinance No. 37047-051005, which adopted and established a Pay Plan for officers
and employees of the City of Roanoke, effective July 1, 2005, to include a $2,000.00
each annual salary increment for the Director of Planning, Building and Economic
Development and the Special Projects Coordinator, subject to terms and additions as
set forth in Ordinance No. 37047-051005.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, February 6, 2006, and is in full force
and effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
L:\CLERKSDATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06\Feb 06\Feb 6 06 correspondence.doc
Darlene L. Burcham
February 9, 2006
Page 2
pc:
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
R. Brian Townsend, Director, Planning Building and.Economic Development
Stuart Mease, Special Projects Coordinator, Economic Development
L:\CLERKSDATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06\Feb 06\Feb 6 06 correspondence.doc
1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of February, 2006.
No. 37298-020606.
AN ORDINANCE amending Ordinance No. 37047-051005, which adopted and
established a Pay Plan for officers and employees of the City effective July 1, 2005; and
dispensing with the second reading by title of this ordinance.
WHEREAS, in a report to Council dated February 6, 2006, the City Manager has
requested that the Director of Planning, Building and Economic Development and the Special
Projects Coordinator be paid annual salary increments of $2,000 each, because they are required
to privately own or lease a motor vehicle to use in the routine course of conducting City
business;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
l. Paragraph 6 of Ordinance No. 37047-051005, be, and it hereby is, amended to
provide that the Director of Planning, Building and Economic Development and the Special
Projects Coordinator be paid annual salary increments of $2,000 each, subject to the terms and
additions set out in such ordinance.
2. All other provisions of Ordinance No. 37047-051005, adopted May I0, 2005,
shall remain in full force and effect.
3. Pursuant to {}12 of the Roanoke City Charter, the second reading by title
paragraph of this ordinance is hereby dispensed with.
ATTEST:
CiD' Clerk.
L: \ATTORNEY \ DATA\CLVT1 \VALERIE \MEASURES \ORDINANCES \AMEND PAY PLAN. do c
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-i138
City Web: w~vw.roanokeva.gov
February 6, 2006
Honorable C. Nelson Harris, Mayor
Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Brenda L. McDaniel, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: Amendment of Ordinance No.
37047-051005 - Annual Salary
Increments
Background:
On May 10, 2005, City Council adopted an ordinance establishing a pay plan for
officers and employees as well as providing for annual salary increments for
certain job classifications which require the use of privately owned motor
vehicles used in the course of conducting City business.
Current Situation:
In September, 2005, the Department of Planning Building and Development was
reorganized to include the Department of Economic Development. A job
classification of Director of Planning Building and Economic Development was
also created and filled.
In December of the same year, a Special Projects Coordinator position in the
Department of Planning Building and Economic Development was advertised
and the position was filled in January, 2006. Becauseofthenatureofthis
position, the employee will be traveling and using a personal vehicle on a daily
basis.
Neither job classification described above was included in the ordinance
providing for the salary increments.
Mayor Harris and Members of City Council
February 6, 2006
Page 2
Recommendation:
Adopt the accompanying ordinance amending Ordinance No. 37047-051005 to
include an annual salary increment for personal vehicle use of $2,000 each for
the following positions: Director of Planning Building and Economic
Development and Special Projects Coordinator (Position No. 2181 only).
Respectfully submitted,
Darlene L. Burcham
City Manage~
DLB:mpf
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
CM06-0007
CITY OF RO_..,4NOKE
Office of the City Clerk
Mary F. Parker, CMC Stephanie M. Moon, CMC
City Clerk Deputy City Clerk
February 9, 2006
Sheila N. Hartman
Assistant City Clerk
File #60-188
Jesse A. Hall
Director of Finance
Roanoke, Virginia 24014
Dear Mr. Hall:
I am attaching copy of Budget Ordinance No. 37299-020606 appropriating funds in
the amount of $144,808.00 from the Commonwealth of Virginia for E-911 Wireless
Service, and amending and reordaining certain sections of the 2005-2006 General
and Department of Technology Funds Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, February 6, 2006, and is in full force
and effect upon its passage.
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
L:~CLERK~DATA~CKEWI~AGENDA CORRESPONDENCE~agenda oon'espondence 0b%Feb 06~Feb 6 06 correspondence.doc
Jesse A. Hall
February 9, 2006
Page 2
pc'
Darlene L. Burcham, City Manager
sherman M. Stovall, Director, Office of Management and Budget
Roy M. Mentkow, Director of Technology
L:\CLERK~DATA\CKEW I~AGENDA CORRESPONDENCE~agenda correspondence 06~Feb 06~eb 6 06 correspondence.doc
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of February, 2006.
No. 37299-020606.
AN ORDINANCE to appropriate funding from the Commonwealth for E-911
WirelesS Service, amending and reordaining certain sections of the 2005-2006 General
and Department of Technology Funds Appropriations, and dispensing with the second
reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2005-2006 General and Department of Technology Funds Appropriations
be, and the same are hereby, amended and reordained to read and provide as follows:
General Fund
Appropriations
Transfer to Department of Technology
Revenues
E-911 Wireless
Department of Technology Fund
Appropriations
Appmpria.ted from State Grant Funds
Revenues
Transfer from General Fund
001-250-9310-9513 $ 144,808
001-110-1234-0654 144,808
013-430-9870-9007 $ 144,808
013-110-1234-1037 144,808
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853 2333
Fax: (540) 853-1138
City Web: w.roanok va
ffe%ruary ~, 2~b5
Honorable C. Nelson Harris, Mayor
Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Brenda L. McDaniel, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: E911 Funding for Wireless
Emergency Calls for Service
Background:
The State of Virginia mandates that localities take responsibility for answering wireless
E911 calls, than being routed and answered by the State Police. The Virginia State
Wireless E911 Services Board provides funding to the localities for equipment and
limited salaries to provide this service. The State currently collects seventy five (75)
cents per month for each wireless telephone user to fund localities for the expenses for
these services.
On December 1,2005, the Virginia State Wireless E911 Services Board awarded the
City of Roanoke an additional $144,808 for fiscal year 2005/2006. There is no
requirement for matching funds. The additional funding will be used to upgrade system
hardware and software.
Recommended Action:
Adopt the accompanying budget ordinance, accept the increasing the revenue estimate
for E911 Wireless in the amount of $144,808 and appropriate funding in the same
amount into account 013-430-9870 (E911 Hardware/Software Upgrades).
Respectfully submitted,
Darlene L. B~
City Manager
DLB:rm
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
James Grigsby, Acting Assistant City Manager for Operations
Sherman M. Stovall, Director Management and Budget
Roy Mentkow, Director of Technology
Mike Crockett, E911 Center Superintendent
CM06~0003
CITY OF RO_.. 4NOKE
Office of the City Clerk
Mary F. Parker, CMC Stephanie M. Moon, CMC
City Clerk Deputy City Clerk
February 9, 2006
Sheila N. Hartman
Assistant City Clerk
File #5
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 37300-020606 authorizing the City Manager
to receive, on behalf of the City of Roanoke and the Roanoke City Police Department,
out-of-service cellular phones and unclaimed cellular phones in the possession of
the Police Department that are not evidence and are in no way subject to any claims
or legal holds, such phones to be delivered to the Office of the Attorney General of
the Commonwealth of Virginia for the Verizon HopeLine Program.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, February 6, 2006, and is in full force
and effect upon its passage.
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
pc: Jesse A. Hall, Director of Finance
A. L. Gaskins, Chief of Police
L:\C LERIGDATA~C KEW I~AGENDA CORRESPONDENCE~agenda con'espocdence 0b%Ceb 06~eb 6 06 correspondence.doc
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of February, 2006.
No. 37300-020606.
A RESOLUTION authorizing the City Manager to receive, on behalf of the City of Roanoke and
the Roanoke City Police Department, out-of-service cellular phones, and unclaimed cellular phones in the
possession of the Police Department that are not evidence and are in no Way subject to any claims or legal
holds, such phones to be delivered to the Office of the Attorney General of the Commonwealth of Virginia
for the Verizon HopeLine Program (HopeLine).
WHEREAS, HopeLine is a nationwide program to support domestic violence victims; and
WHEREAS, HopeLine accepts no-longer used wireless phones and accessories from any service
provider and tums them into help and support for victims of domestic violence and the non-profit agencies
and shelters critical to this cause.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager is authorized and directed to receive on behalf of the City of Roanoke and the
Roanoke City Police Department, out-of-service cellular phones and unclaimed cellular phones in
possession of the Police Department that are not evidence and are in no way subject to any claims or legal
holds, and deliver such phones to the Office of the Attorney General of the Commonwealth of V'n'ginia for
the Verizon HopeLine Program.
2. The City Manager is hereby authorized on behalf of the City to execute all necessary and
appropriate documents that are required to participate in the Verizon HopeLine Program, any such
documents to be in a form approved by the City Attorney.
ATTEST:
city
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
February 6, 2006
Honorable C. Nelson Harris, Mayor
Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Brenda L. McDaniel, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: Verizon HopeLine Program
Verizon HopeLine is a nationwide program to support domestic violence
victims. Donated cellular phones are recycled and provided to domestic
violence victims, while other proceeds of the program provide grants and
training to support recognized domestic violence prevention programs. A more
detailed explanation of the program from the Verizon website is attached.
Recognizing the needs of domestic violence victims, the Roanoke Police
Department wishes to participate with the Verizon Hopeline Program with the
Virginia Attorney General's office by serving as a collection point for phones
donated by citizens and by donating phones which have come into Police
possession which are not returnable to their owners and are not evidence in any
legal proceeding. The Police Department will then forward these phones to the
Virginia Attorney General's office on Peter's Creek Road to be given to the
Verizon Hopeline Program.
City Code Section 2-263 requires City Council approval for the acceptance of
any gift exceeding $5,000 in value. Although the actual value of most of the
phones donated in this program is minimal, at some point it is anticipated that
the cumulative value of phones donated to the Police Department will exceed
the $5,000 level.
Mayor Harris and Members of City Council
February 6, 2006
Page 2
Recommended Action:
Authorize the City Manager to receive donated cellular phones for the Verizon
HopeLine Program through the Police Department. Additionally, authorize the
disposal of cellular phones in the Police Department's custody that are
unclaimed and not subject to any claims or legal holds to be delivered to the
Office of the Attorney General of the Commonwealth of Virginia for subsequent
donation to this or a comparable charitable Program.
Respectfully su brr~ed,
Darlene L. Rur~ham
City Manager~
DLB: wa
Attachment
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
CM06-00006
CITY OF RO_/4NOKE
Office of the City Clerk
Mary F. Parker, CMC Stephanie M. Moon, CMC
City Clerk Deputy City Clerk
Shella N. Hartman
Assistant City Clerk
February 9, 2006
File #60-178-361
Jesse A. Hall
Director of Finance
Roanoke, Virginia 24014
Dear Mr. Hall:
I am attaching copy of Budget Ordinance No. 37301-020606 appropriating funds
for the Capital Projects Fund and General Fund Undesignated Fund Balance for the
Claytor Settlement and Motor Fuel Contingency, and amending and reordaining
certain sections of the 2005-2006 General, Capital Projects and Risk Management
Funds.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, February 6, 2006, and is in full force
and effect upon its passage.
Sincerely, '~i,~J~,,~
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
pc:
Darlene L. Burcham, City Manager
Sherman M. Stovall, Director, Office of Management and Budget
L:\CLERK~DATA\CKEW I~AGENDA CORRESPONDENCE~agenda oon'espondence 0~Feb 06~Feb 6 06 correspondence.doc
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of February, 2006.
No. 37301-020606.
AN ORDINANCE to appropriate funding from the Capital Projects Fund and
General Fund Undesignated Fund Balance for the Claytor Settlement and Motor Fuel
Contingency, reordaining certain sections of the 2005-2006 General, Capital Projects and
Risk Management Funds, and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of' Roanoke that the following
sections of the 2005-2006 General, Capital Projects and Risk Management Funds
Appropriations be, and the same are hereby, amended and reordained to read and provide
as follows:
General Fund
Appropriations
Transfer to Risk Management Fund
Motor Fuel Contingency
Fund Balance
Undesignated Fund Balance
Capital Proiects Fund
Appropriations
Roanoke Neighborhood Development
Corporation Crew Suites
Transfer to Risk Management Fund
Risk Management Fund
Appropriations
Miscellaneous Claims
Revenues
Transfer from General Fund
Transfer from Capital Projects Fund
001-250-9310-9529 $ 204,127
001-300-9410-3012 168,611
001-3323 (372,738)
008-002-9651-9003
008-530-9712-9529
(300,000)
300,000
019-340-1262-2173 $ 504,127
019-110-1234-0951 204,127
019-110-1234-1309 300,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
~ City Clerk_;
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
February 6, 2006
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
C. Nelson Harris, Mayor
Beverly T. Fitzpatrick, Jr., Vice Mayor
M. Rupert Cutler, Council Member
Alfred T. Dowe, Jr., Council Member
Sherman P. Lea, Council Member
Brenda L. McDaniel, Council Member
Brian J. Wishneff, Council Member
Subject: Transfer of Funding
for Claytor Settlement and
Motor Fuels Contingency
Dear Mayor Harris and Members of City Council:
Background:
The Circuit Court in the City of Roanoke, in the case of Walter S. Claytor, et al.
v. Roanoke Redevelopment and Housing Authority (RRHA), ruled in favor of the
plaintiff. Following the ruling,judgment in the amount of $503,338.50 plus per
diem interest was granted to the plaintiffs and the Board of Commissioners of
RRHA (the Board) has recommended that an appeal not be filed. The Board has
submitted a resolution to the City requesting the provision of the necessary
funds for the fulfillment of the obligations of the judgment. Total funding in the
amount of $504,127, which includes the per diem interest, needs to be
appropriated to fulfill the obligations of the judgment.
Additionally, as a result of the escalating cost of motor fuels, expenses have
increased over FY 2005. Additional funding needs to be appropriated as a
contingency for the purpose of addressing the increase in the cost of motor
fuels.
Recommended Actions:
Transfer funding in the amount of $300,000 from Roanoke Neighborhood
Development Corporation Crew Suites (008-002-9651-9003) and $204,127
Mayor Harris and Members of City Council
February 6, 2006
Page 2
from the Undesignated Fund Balance (001-3323) to Risk Management
Miscellaneous Claims (019-340-1262-21 73). Transfer funding in the amount of
$168,611 from the Undesignated Fund Balance (001-3323) to Motor Fuels
Contingency (001-300-9410-3012).
Respectfully submitted,
~)arlene L. Bu~
City Manager
DLB:acm
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director of Management and Budget
CM06-00019
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Chttrch Avenue, S.W., Room 456
Roanoke, Xr~rginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk @ ci.roanoke.va.u$
STEPHANIE M. MOON. CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
February 9, 2006
File #378-468
Wayne G. Strickland, Secretary
Roanoke Valley-Area Metropolitan Planning Organization
P. O. Box 2569
Roanoke, Virginia 24010
Dear Mr. Strickland:
I am enclosing copy of Resolution No. 37302-020606 expressing the intent of the
Council of the City of Roanoke to participate in a regional effort to develop a
regional water supply plan, in accordance with Virginia's local and regional water .
supply planning regulations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, February 6, 2006, and is in full force
and effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
L:\CLERI~DATA\CKEWI~,GENDA CORRESPONDENCE'agenda correspondence 06\Feb 06\Feb 6 06 correspondence.doc
Wayne G. Strickland, Secretary
February 9, 2006
Page 2
pc:
Kathleen D. Guzi, Administrator, Bedford County, 122 E. Main Street, Suite
202, Bedford, Virginia 24523
Gerald Burgess, Administrator, Botetourt County, ! W. Main Street, Box :~
Fincastle, Virginia 24090
Sharon K. Tudor, Clerk, Franklin County, 40 E. Court Street, Rocky Mount,
Virginia 2415!
Diane S. Childers, CMC, Clerk, Roanoke County Board of Supervisors, P. O.
Box 29800, Roanoke, Virginia 24018-0798
James E. Taliaferro, III, Assistant City Manager, City of Salem, P. O. Box 869,
Salem, Virginia 24153
Colleen M. Hart, Clerk, Town of Boones Mill, P. O. Box 66, Boones Mill,
Virginia 24065
Patricia H. Keatts, Clerk, Town of Rocky Mount, 345 Donald Avenue, Rocky
Mount, Virginia 24151
Darleen R. Bailey, Clerk, Town of Vinton, 311 S. Pollard Street, Vinton, Virginia
24179
Darlene L Burcham, City Manager
Jesse A. Hall, Director of Finance
William M. Hackworth, City Attorney
Gary L. Robertson, Executive Director, Water Operations, Western Virginia
Water Authority
Michael T. McEvoy, Executive Director, Wastewater Services, Western Virginia
Water Authority
L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~genda correspondence 06\Feb 06\Feb 6 06 correspondence.doc
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of February, 2006.
No. 37302-020606.
A RESOLUTION expressing City Council's intent that the City participate in a regional
effort to develop a regional water supply plan in accordance with Virginia's local and regional
water supply plarming regulations.
WHEREAS, improved coordination of drought response and water resources
management activities at the local, regional, and state levels is essential to guaranteeing the
adequacy of Virginia's water supplies to meet the current and future needs of Virginia's citizens
in an environmentally sound manner;
WHEREAS, Sec. 62.1-44.38:1, Code of Virginia, requires the development of a
comprehensive statewide water supply planning process to: (1) ensure that adequate and safe
drinking water is available to all citizens of the Commonwealth, (2) encourage, promote, and
protect all other beneficial uses of the Commonwealth's water resources, and (3) encourage,
promote, and develop incentives for alternative water sources;
WHEREAS, Virginia's Local and Regional Water Supply Planning Regulations (9 VAC
25-780) ("Regulations") require that "all counties, cities and towns in the Commonwealth of
Virginia shall develop a local water supply plan or shall participate in a regional planning unit in
the submittal of a regional water supply plan to the Board";
WHEREAS, the Regulations define a "regional planning unit" as a collection of local
governments who have voluntarily elected to develop and submit a regional water plan, and local
governments electing to participate in the submittal of regional water supply plans must notify
the Virginia Department of Environmental Quality of the intent to participate in a regional plan
by November 2008;
WHEREAS, the Counties of Bedford, Botetourt, Franklin, and Roanoke, the Cities of
Roanoke and Salem, and the Towns of Boones Mill, Rocky Mount, and Vinton desire to
particii~ate in a cooperative regional effort to develop and submit a regional water plan, as a
"regional planning unit", where the plan will result in the proposed development of future water
supply projects that accommodate the long-range water supply fieeds of the participating local
governments; and
WHEREAS, the Roanoke Valley-Alleghany Regional Commission has agreed to assist
participating localities in applying for and coordinating a regional water supply planning grant
from the Virginia Department of Environmental Quality to assist in development of a regional
water supply plan that meets the criteria and conditions established in the Regulations.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that the
City will participate, as part of a regional planning unit, in a water supply planning effort to
develop a regional water supply plan in accordance with the Regulations.
City Clerk.
WILLIAM M. HACKWORTH
CITY A~ORNEy
CITY OF ROANOKE
OlqqCE OF CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011-1595
~fELEPIqONE: 540853-243 I
FAX: 540-853 1221
EMAIL: cityatty ~roanokeva.gov
February 6, 2006
TIMOTHY R. SPENCER
STEVEN J. TALEVI
GARY E. TEGENKAMP
DAVID L. COLLINS
HEATHER P. FERGUSON
ASSISTAN I'CITY A~FORNEYS
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Water Supply Planning
Dear Mayor Harris and Council Members:
The State has adopted regulations requiring all local governments to submit water
supply plans to the State. For localities participating in regional water supply plans, the
deadline for notifying the State is November 2008. Dr. Cutler has asked that the attached
resolution be prepared expressing Council's intent to participate in the development of a
regional water supply plan along with the Counties of Bedford, Botetourt, Franklin, and
Roanoke, and the Cities of Roanoke and Salem, and the Towns of Boones Mill, Rocky
Mount, and Vinton.
Please let me know if you have any questions about this matter.
With kindest personal regards, I am
Sincerely yours,
William M. Hackworth
City Attorney
WMH/vmt
Attachment
cc: Darlene Burcham, City Manager
Mary Parker, City Clerk
Jesse Hall, Director of Finance
Gary Robertson, Executive Director for Water Operations,
Western Virginia Water Authority
JESSE A. HALL
Director of Finance
email: jesse hall~ci manoke.va.us
February 6, 2006
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, S.W., Room 461
P.O. Box 1220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER
Deputy Director
cmail: ann shawver@ci.roanoke.va.us
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
C. Nelson Harris, Mayor
Beverly T. Fitzpatrick, Jr., Vice Mayor
M. Rupert Cutler, Council Member
Alfred T. Dowe, Jr., Council Member
Sherman P. Lea, Council Member
Brenda L. McDaniel, Council Member
Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: December Financial Report
As an update on our bond sale, we accepted bids for sale of $35,055,000 of bonds on
January 26. The issue included two series: Series 2006A was for $29,555,000 of
financing for Patrick Henry, civic center exhibit hall, parking facilities, financial systems
software and the art museum; Series 2006B included $5,500,000 financing for the
Riverside Center which was our Qualified Redevelopment Bond allocation received from
the State. These latter bonds are tax exempt, but are subject to the alternative
minimum tax (AMT), therefore they carry a slightly higher interest rate than our 2006A
bonds, but one significantly less than taxable bonds.
The winning bid for the $29,555,000 2006A series was 4.100%, offered by Wachovia
Bank. There were eleven bidders with bids ranging from the winning bid to a high of
4.259%. The winning bid for the $5,500,000 2006B series was 4.496%, offered by
UBS Securities, LLC. There were six bidders with bids ranging from the winning bid to
a high of 4.871%.
Inclusive of these bonds, the City's total outstanding debt is approximately $285
million. This includes bonds, literary fund loans, capital leases, the HUD Section 108
loan, and approximately $31 million that is being repaid by the Western Virginia Water
Authority. The portion of this debt that is tax supported and does not have a specific
funding source for repayment, is approximately $236 million.
The rates received on these twenty year maturity serial bonds are quite favorable. The
yield curve is still essentially flat, in that long term rates are essentially the same as
short term rates. The City has been very fortunate to have financed a number of
major capital improvement projects for the City over the past few years, issuing twenty
year debt that has typically fallen between 4% to 4.5%. Some of the larger projects
financed include Patrick Henry High School, the stadium project, Riverside Center, Civic
Center Exhibit Hall, a new police station and a new fire station/administrative offices.
Honorable Mayor and Members of Council
February 6, 2006
Page 2
The favorable interest environment also allowed the City to refinance essentially all of
its older outstanding debt to achieve significant savings.
On the subject of interest rates, the Federal Reserve raised the fed funds rate on
January 31s' by a quarter point, to 4.50%. This was the 14~h increase in nearly two
years. The goal of the Federal Reserve's interest rate increases is to keep inflation in
check. One of the primary targets is the real estate/housing market that has been
booming for the past several years. As mortgage rates continue to rise, it will
assuredly slow the growth rate in this industry, much of which has been attributed to
real estate speculation over the past several years. Although the Federal Reserve
increases have not yet had significant effects on long term municipal bond rates, it is
anticipated that rates will begin to move upward in the next few years.
Relative to the December financial report, the adopted budget for the fiscal year 2006
totaled $223.8 million representing a 5.7% increase over the previous year's adopted
budget. This financial report covers the first six months of activity for fiscal year
2006. The following narrative provides commentary on the significant events of this
period.
Revenues
Revenues through December 2005 increased 9.6% compared to the prior fiscal year.
Approximately 1% of this growth is due to the increase in the Prepared Food Tax and
earlier receipt of certain state revenues that significantly impacted growth compared to
the prior year. Variances from the prior year are addressed as follows:
General Property Taxes increased 7.7%, led by growth in the real estate tax. The first
installment of the tax was due October 5% This tax is expected to grow 9.3 % as a
whole in FY 2006, and actual growth has followed this trend for the first six months of
the fiscal year as a result of growth in reassessments and new construction. Personal
property taxes decreased through December; however, the majority of collections
occur in the spring.
Other Local Taxes increased 6.2% through December. The Prepared Food and Beverage
tax rate increased from 4% to 5% effective July 1 '~ . Through December, this rate
increase has provided approximately $825,000 in additional revenue and is expected
to provide revenue growth of approximately $2 million throughout the fiscal year.
Exclusive of the rate increase, Prepared Food and Beverage tax increased 4.3%, a
positive trend in this tax. Sales tax collections increased approximately 3% through
November. The specific growth percentage is difficult to discern at this point due to
one-time payments last year and the fact that the State was remitting estimated
payments the first three months of this year while implementing a new software
system. At this time, City personnel are involved in ongoing efforts to gain access to
Honorable Mayor and Members of Council
February 6, 2006
Page 3
specific details on sales tax remittance received by the City. A more specific growth
rate for the current fiscal year will be reported once these revenues can be analyzed in
more detail. Also indicative of a positive trend in our economy is 10.6% growth in the
Transient Room Tax, which is influenced by positive performance at local hotels, as
well as results from ongoing tax audits.
Revenue from the Use of Money and Property increased significantly over the prior year
as a result of interest income on the Budget Stabilization Reserve. The reserve was
established in late FY05 by transfer from the Debt Service Fund.
Grants-in-Aid Commonwealth increased 18.4% due in part to an earlier receipt of $2.5
million in quarterly street maintenance funding in the current fiscal year than in the
prior year. Additionally, AFDC Foster Care revenues increased over FY05. These
revenues are directly related to an increase in reimbursable expenditures related to
residential foster care, child placement, subsidized and special needs adoption, and
adoption assistance services.
Miscellaneous Revenue increased 22.4% in part due to insurance proceeds resulting
from both a water leak in the Municipal Building and hidden flood damage at the
National Guard Armory.
Expenditures
The FY06 expenditure budget includes funding of approximately $1.4 million to cover
contracts and purchase orders made during FY05 but not paid by the end of that year.
City Council approved re-appropriation of this funding when adopting the General
Fund budget in May.
General Fund expenditures as a whole increased 3.8%. All departments are affected by
the 3% average pay raise granted to City employees beginning July 1, 2005.
Additionally, a change in the billing methodology of the Fleet and Department of
Technology (DOT) funds will affect user departments. Beginning in FY06, the General
Fund will provide capital outlay for Fleet and DoT through a billing to user departments
instead of by a General Fund transfer as in prior years. This will cause a decline in the
Nondepartmental category and an offsetting increase in numerous other categories
throughout FY06. Other variances between FY05 and FY06 are addressed as follows.
General Government expenditures grew due to the aforementioned increases in the
number of payrolls and internal service charges.
Public Works expenditures increased only .2% despite the aforementioned changes in
part due to a reduction in maintenance contract in the current fiscal year.
Honorable Mayor and Members of Council
February 6, 2006
Page 4
Health and Welfare costs grew only .8% due to reduced Comprehensive Services Act
expenditures through the mid-point of the current fiscal year over the prior year.
Parks, Recreation and Cultural expenditures increased 16.1% in part due to the
reclassification of Event Zone, Virginia Amateur Sports, and Downtown Roanoke, Inc.
expenditures from Community Development to Parks and Recreation Administration.
Additionally, there was an increase in Program Activities expenditures for Parks and
Recreation due to an increase in City-sponsored activities, as well as a timing
difference in the encumbrance of payments for sports officials.
Community Development costs declined 3.8% due to the aforementioned
reclassification of various contribution expenditures to the Parks, Recreation, and
Cultural category which were previously funded by Community Development cost
centers. A timing difference in the third quarter subsidy payment to the Roanoke
Valley Convention and Visitor's Bureau also contributed to the difference.
Nondepartmental expenditures declined 18.4% due to a decrease in the amount of
undesignated fund balance transferred to the Capital Projects Fund. A decrease in the
transfer to Risk Management Fund also contributed to the decline. This decrease
occurred due to a lower required funding allocation for the City's reserve for uninsured
claims in the current year compare to the prior year. A timing difference in the Greater
Roanoke Transit Company's third quarter subsidy also contributed to the variance.
Sincerely,
Jesse A. Hall
Director of Finance
JAH:DLH:ca
Attachments
C:
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Rolanda B. Russell, Assistant City Manager
James Grigsby, Acting Assistant City Manager
Sherman M. Stovall, Director of Management and Budget
CITY OF ROANOKE, VIRGINIA
SUMMARY OF CITY MANAGER TRANSFERS
AND AVAILABLE CONTINGENCY
DECEMBER 31, 2000
Transfer
Number
General Fund:
CMT05-00171
Date Exolanation
08/23/05 Advertising of City's Zoning
Ordinance and Mapping
CMT05-00222 10/25/05 HVAC System for PWSC
Renovation of Solid Waste
CMT05-00224 11/02/05 Vehicle replacement
CMT05-00233 11/02/05 Consulting for Jail and Courthouse Jail
Surveillance Equipment
CMT05-00245 11/02/05 Holiday Decorations
CMT05-00247 11/14/05 Deer Management Program
CMT05-00285 12/23/05 Employee Tuition Assistance
CMT05-00286 12/20/05 Fire/EMS Station Study
CMT05-00271 01/12/06 Telecommunications Overtime
Caoital Proiects Fund:
CMT05-00222 10/25/05 HVAC System for PWSC
Renovation of Solid Waste
CMT05-00267 12/01/05 HVAC System for PWSC
Renovation of Solid Waste
Department of Technoloav Fund:
CMT05-00233 11/02/05 Consulting for Jail and Courthouse Jail
Surveillance Equipment
Fleet Manaeement Fund:
CMT05-00224 11/02/05 Vehicle Replacement
From
Residual Fringe
Benefits
Building Maintenance
Jail
Residual Fringe
Benefits
Residual Fringe
Benefits
Contingency-General
Fund
Residual Fringe
Benefits
Police-Services
Building Maintenance-
General Fund
Facilities Management-
BCAP Projects
Jail
To Amount
City Clerk/Planning, Building
and Development $ 42,100
PWSC Upgrade Phase I and II
25,000
Fleet Management-
Nonoperafing 23,900
Staff Contractors and
Consultants 30,765
Parks
54,000
Police-Animal Control
59,543
Human Resources
15,000
Fire-Administrafion
62,400
Telecommunications 10,000
Total General Fund $ 322,708
PWSC Upgrade Phase I and it
$ 25,000
PWSC Upgrade Phase I and II
75,000
Total Capital Projects Fund $ 100,000
Staff Contractors and
Consultants $ 30,765
Total Department of Technology Fund $ 30,765
Fleet Management-
Nonoperating $ 23,900
Total Fleet Management Fund $ 23,900
CITY OF ROANOKE, VIRGINIA
SUMMARY OF CITY MANAGER TRANSFERS
AND AVAILABLE CONTINGENCY
DECEMBER 31, 2005
(CONTINUED)
Transfer
Number Date
Available Contineencv
Exolanation From To
Balance of Contingency at July 1, 2005
Contingency Transfers:
CMT05-00192 09/01/05 Health Department Sexually Contingency-General
Transmitted Disease Nurse Fund
Position
CMT05-00205 09/20/05 Crystal Springs Streetscape Contingency-General
Project Plan and Cost Estimate Fund
CMT05-00208 09/22/05 Huricane Katrina Relief Efforts Contingency-Genersl
Fund
CMT05-00220 11/07/05 Geotechnical Investigation of Contingency-General
Loudon and Gainsboro Site Fund
CMT05-00251 11/16/05 Consulting for Stormwater Contingency-Genersl
Management Fund
CMT05-00283 12/19/05 Electric Rate Study Contingency-General
Fund
CMT05-00288 01/05/06 Litigation Costs Contingency-General
Fund
CMT05-00295 01/05/06 EventZone Contingency-General
Fund
Health Department
$ 839,063
Contingency Incraases/(Appropriafions) Through Budget Ordinances:
BO37073-1 06/06/05 Inner City Athletic Association Contingency-General
Fund
BO37114-02 07/05/05 Additional Social Worker Contingency-Genersl
Positions Fund
(18,169)
Crystal Springs Streetscape
(25,000)
Memberships and Affiliations
(10,000)
Engineering
(2,750)
Stormwater Management
Ordinance (40,912)
Transportation-Street Lighting
(31,842)
Economic Development
(67,477)
Parks and Recreation-
Administration (33,540)
Available Contingency at December 31,2005
Human Services Committee
Social Services - Services
Notes:
Under City Code section 2-121, the City Manager has authority to make transfers up to $75,000 between departments from
July through March and in any amount from April to June. The City Manager has the authority to make unlimited transfers
within departments. The scope of this report is limited to interdepartment trsnsfers that are $10,000 or grsater.
(5,ooo)
(39,026)
$ 565,347
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
STATEMENT OF REVENUE
General Property Taxes
Other Local Taxes
Permd$, Fees and Licenses
Fines and Forfeitures
Revenue from Use of Money and Property
Grants-in-Aid Commonwealth
Grants-in-Aid Federal Government
Charges for Services
Internal Services
Miscellaneous Revenue
Total
Year to Date for the Period
July 1 - December 3t July 1. December 3t Percentage
2004-2005 2~5.2066 of Change
$ 31,337,808 $ 33,742,811
20,047,016 21,286,836
584,276 588,949
703,327 674,389
345,843 513,246
17,730,615 20,987,733
19,385
4,242,458 4,382,637
1,374,422 1,480,560
Current Fiscal Year
767 % $ 93,243,000 3619%
6 18 % 65,801,000 32 35%
080 % 1,069,000 55.09%
4 11% 1,354,000 49 81%
48.40 % 722,000 71 69%
1837 % 50,391,105 41 65%
10000 % 38,000 000%
331% 8,891,000 4930%
7 72 % 2,527,000 58.59%
22 40 % 384~000 79.06%
9.56 % $ 224 420 105 37.41%
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
Expenditures
General Government
Judicial Administration
Public Safety
Public Works
Health and Welfare
Parks, Recreation and
Cultural
Community Development
Transfer to Debt Service
Fund
Transfer to School Fund
Nondepartmental
Total
Year to Date for f~e Period
July t - December 31 July 1 - December 3t Percentage
2004-2005 2005-2006 of Change
5,686,984 6,077,565
3,092,911 3,294,198
27,603,384 29,468,627
12,857,972 12,877,551
15,888,517 16,007,825
4,391,101 5,098,534
3,136,884 3,019,908
11,807,938 12,378,811
26,380,423 28,069,004
5~835~481 4~763,019
116165¶1595 t2t1055f042
Percent of
Unencumbered Revised Budget
Balance Appropriations Obligated
743 % $ 6,102,144 $ 12,179,709 4990%
651% 3,710,578 7,004,776 47.03%
676 % 26,842,166 56,310,793 52 33%
0 15 % 10,739,596 23,617,147 54 53%
075 % 15,225,330 31,233155 5125%
16 11% 4,737,982 9,836,516 5183%
-3.73 % 2,784,825 5,804,733 5202%
483 % 5,345,907 17,724,718 69 84%
640 % 27,176,150 55,245,154 5081%
-18.38 % 5~183,200 9r946~219 4789%
3.77 % $ 107r8471878 $ 228r9021920 52.88%
CITY OF ROANOKE, VIRGINIA
SCHOOL FUND STATEMENT OF REVENUE
state Sales Tax
Grants-in-Aid Commonwealth
Grants-in-Aid Federar Government
Charges for Services
Interest On Investments
Transfer from General Fund
Total
Year to Date for the Period
Current Fiscal Year
July I - Dec 31 July I - Dec 31 Percentage
2004-2005 2005-2006 of Change
$ 3,457,258 $ 3,875,418 12.10 % $ 12,050,078
24,117,228 24,352,632 0.98 % 53,072,458
39,139 59,085 50.96 % 125,000
156,268 478,196 206.01% 2,720,100
0.00 %
26,380,423 28,069,005 6.40 % 55,245,154
$ 54,150,316 $ 56,834,336 4.96 % $ 123,212,790
Percentof
Revised Revenue
Revenue Estimate
Estimates Received
32.16
45.89
47.27
17.58
0.00
50.81
46.13
SCHOOL FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES
Year to Date for the Period
Current Fiscal Year
Expenditures
Instruction $39,945,101
General Support 2,559,059
Transportation 2,439,366
Operation and
Maintenance of Plant
Facilities
Other Uses of Funds
Total $
July 1 - Dec 31 July I - Dec 31 Percentage Unencumbered
2004-2005 2005-2006 of Change Balance
$ 40,078,180 0.33 % $ 50,386,263
2,977,718 16.36 % 2,690,938
2,652,569 8.74 % 2,489,201
Percent of
Revised Budget
Appropriations Obligated
$ 90,464,443 44.30 %
5,638,356 52.81%
5,141,770 51.59 %
6,724,002 6,175,727 -8.15 % 6,476,911
1,128,331 1,104,421 -2.12 % 1,461,903
6~382~817 5~033~649 -21.14 % 3,121,655
59,178,676 $ 58,022,261 -1.95 % $ 66,596,571
12,652,638 48.81%
2,566,324 43.04 %
8,155,301 61.72 %
$ 124,618,832 46.56 %
4
CITY OF ROANOKE, VIRGINIA
CiViC FACILITIES FUND
COMPARATIVE INCOME STATEMENT
FOR THE SlX MONTHS ENDING DECEMBER 31, 2005
FY 2006
FY2005
Operating Revenues
Rentals
Event Expenses
Display Advertising
Admissions Tax
Electrical Fees
Novelty Fees
Facility Surcharge
Charge Card Fees
Commissions
Catering/Concessions
Other
273,170
65,952
29,668
141,220
4,905
18,960
97,349
26,845
8,596
387,539
6,064
297,797
106,613
60,860
244,558
11,845
46,495
134,075
58,188
44,626
398,454
14,716
Total Operating Revenues
1,060,268
1,418,227
Operating Expenses
Personal Services
Operating Expenses
Depreciation
1,002,856
797,139
279,590
975,995
953,770
234,298
Total Operating Expenses
2,079,585
(1,019,317)
2,164,063
(745,836)
Operating Loss
Nonoperating Revenues (Expenses)
Interest on Investments
Transfer from General Fund
Transfer from General Fund - Victory Stadium
Transfer to Debt Service Fund
Interest and Fiscal Charges
Arena Ventures Contractural Penalties
Miscellaneous
24,035
803,346
125,841
(47,809)
(46,970)
133,585
1,939
32,863
499,483
102,277
(48,409)
(47,661)
122,970
4,884
Net Nonoperating Revenues
993,967
$ (25,350)
666,407
$ (79,429)
Net Loss
5
CITY OF ROANOKE, VIRGINIA
PARKING FUND
COMPARATIVE INCOME STATEMENT
FOR THE SlX MONTHS ENDING DECEMBER 31, 2005
Operating Revenues
Century Station Parking Garage
Williamson Road Parking Garage
Market Square Parking Garage
Church Avenue Parking Garage
Tower Parking Garage
Gainsboro Parking Garage
Williamson Road Surface Lots
Norfolk Avenue Surface Lot
Gainsboro Surface Lot
Church Avenue Surface Lot
Bullitt Avenue Surface Lot
Salem Avenue Surface Lot
West Church/YMCA Surface Lots
Total Operating Revenues
Operating Expenses
Operating Expenses
Depreciation
Total Operating Expenses
Operating Income
Nonoperating Revenues (Expenses)
Interest on Investments
Interest and Fiscal Charges
Net Nonoperating Expenses
Net Income
FY 2006
$ 205,950
263,957
110,969
332,299
216,380
60,626
42,362
15,648
23,304
22,800
40,598
11,576
15,781
1,362,250
544,510
289,009
833,519
528,731
39,082
(150,081)
(110,999)
$ 417,732
FY 2005
$ 185,871
263,173
113,806
310,231
203,162
51,974
43,653
34,129
28,552
22,800
39,824
12,913
6,828
1,316,916
534,333
288,824
823,157
493,759
18,129
(161,227)
(143,098)
$ 350,661
6
CITY OF ROANOKE, VIRGINIA
MARKET BUILDING FUND
COMPARITIVE INCOME STATEMENT
FOR THE SlX MONTHS ENDING DECEMBER 31, 2005
Operating Revenues
Retail Space Rental
Total Operating Revenues
Operating Expenses
Operating Expense
Depreciation
Total Operating Expenses
Operating Income (Loss)
Nonoperating Revenues
Interest on Investments
Miscellaneous
Net Nonoperating Revenues
Net Income (Loss)
FY 2006
$ 133,832
133,832
129,641
3,886
133,527
305
2,010
130
2,140
$ 2,445
FY 2005
$ 106,148
106,148
145,456
3,883
149,339
(43,191)
53
53
$ (43,138)
7
CITY OF ROANOKE, VIRGINIA
CITY TREASURER'S OFFICE
GENERAL STATEMENT OF ACCOUNTABILITY
FOR THE MONTH ENDED DECEMBER 31, 2005
TO THE DIRECTOR OF FINANCE;
GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE
FUNDS OF SAID CITY FOR THE MONTH ENDED DECEMBER 31, 2005.
BALANCE AT BALANCE AT BALANCE AT
FUND NOV 30~ 2005 RECEIPTS DISBURSEMENTS DEC 31~ 2005 DEC 31~ 2004
GENERAL $14,808,105~69 $t6,700,815 58 $19,372~475.75 $12,136,446.52 ($I0,957,152.75)
WATER 420~00 000 000 420.00 420.00
WATER POLLUTION CONTROL 1,738.22 0~00 000 1,738.22 1,738.22
CIVIC FACILITIES 3,685,526.09 121,87957 1,224,84273 2,682,562.93 8,472,91835
PARKING 3~431,452~31 226,87717 90~796 58 3,567,532.90 3,121,64476
CAPITAL PROJECTS 48,779,71904 9~644,849.36 7,117~181 91 51,307,386.49 59,483,288.30
MARKET BUILDING OPERATIONS 100,582.07 30,387.46 68,31670 62,652,83 (69,328.21)
CONFERENCE CENTER 3~847,462.33 5,592 60 400.20 3,852,654.73 3,995,016.70
DEBT SERVICE 1,196,876~96 51,60146 185~113.29 1,063,366.13 16,053,73590
DEPT OF TECHNOLOGY 4,547,94270 214,599~86 263,20561 4,499,336.95 3,229,912.95
FLEET MANAGEMENT 1,270,939.15 96,587.95 499,946.90 867,580.20 (471,521.94)
PAYROLL (15,684,119.04) 20,358,017.86 20,312,087.76 (15,638,188.94) (18,712,095.42)
RISK MANAGEMENT 11,469,627.46 795,856.37 900,139.93 11,365,343.90 11,851,205.03
PENSION 140,560.03 2,456,860.33 1,819,509.83 777,910.53 671,119.96
SCHOOL FUND 6,584,959.32 3,975,048.90 7,972~346.91 2,587,661.31 3,396,621.88
SCHOOL CAPITAL PROJECTS 4,014,323.95 387,46854 1,338,267 66 3,063,524.83 24,667,212.30
SCHOOL FOOD SERVICE 294,455.93 495,573.98 758,17781 31,862.10 (213,41403)
GRANT 2, 104~769.86 lr134~490.69 774~745.22 2~464~518.33 844r459.30
TOTAL $90,595,342.07 $56,696,507.68 $62,697,554.79 $84,594,294.96 $1051365,784.30
CERTIFICATE
I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE,
VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED DECEMBER 31, 2005.
THAT SAID FOREGOING:
CASH
CASH IN HAND
CASH IN BANK
INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS:
COMMERCIAL HIGH PERFORMANCE MONEY MARKET
LOCAL GOVERNMENT INVESTMENT POOL
MONEY MANAGEMENT ACCOUNT
REPURCHASE AGREEMENTS
U. S. AGENCIES
VIRGINIA ArM PROGRAM (U. S. SECURITIES)
VIRGINIA SNAP PROGRAM (U. S. SECURITIES)
TOTAL
$651,788~57
225,660.66
5,400,000.00
22,280,692.76
10,852,143.41
3,000,000.00
9,463,237.50
21,161,962.85
$84,594,294.96
JANUARY 23, 2006
N V~/POWERS, TREASURER
CITY OF ROANOKE PENSION PLAN
STATEMENT OF CHANGES IN PLAN NET ASSETS
FOR THE SlX MONTHS ENDED DECEMBER 3'1, 2005
Additions:
FY 2006 FY 2005
Employer Contributions
$ 4,190,515 $ 2,939,968
Investment Income
Net Appreciation (Depreciation) in Fair Value of Investments
Interest and Dividend Income
Total Investment Income (Loss) 18,185,455
Less Investment Expense 91,173
Net Investment Income (Loss) 18,094,282
Total Additions (Deductions) $ 22,284,797
14,829,391 20,380,593
3,356,064 1,855,343
22,235,936
102,307
22,133,629
$ 25,073,597
Deductions
Benefits Paid to Participants
Administrative Expenses
Total Deductions
Net Increase (Decrease)
Net Assets Held in Trust for Pension Benefits:
Fund Balance July 1
Fund Balance December 31
$ 10,705,245 $ 10,028,968
290,891 284,570
10,996,136 10,313,538
11,288,661 14,760,059
318,675,367 306,925,352
$ 329,964,028
$ 321,685,411
9
CITY OF ROANOKE PENSION PLAN
BALANCE SHEET
DECEMBER 31, 2005
Assets
Cash
Investments, at Fair Value
Due from Other Funds
Other Assets
Total Assets
FY 2006 FY 2005
777,621 $ 668,845
331,241,097 322,937,541
1,431 8,589
6,531
$ 332,020,'149 $ 323,62'1,506
Liabilities and Fund Balance
Liabilities:
Due to Other Funds
Accounts Payable
Total Liabilities
Fund Balance:
Fund Balance, July 1
Net Gain (Loss) - Year to Date
Total Fund Balance
Total Liabilities and Fund Balance
$ 2,055,480 $ 1,934,920
641 1,175
2,056,121 1,936,095
318,675,367 306,925,352
11,288,661 14,760,059
329,964,028 321,685,411
$ 332,020,149 $ 323,621,606
10
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC Stephanie M. Moon, CMC
City Clark Deputy City Clerk
February 9, 2006
Sheila N. Hartman
Assistant City Clerk
File #70
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, February 6, 2006, Vice-Mayor Fitzpatrick requested that the City Manager
consider allocating space for the "To The Rescue Exhibit", which was previously
located at Tanglewood Mall. He requested that specific consideration be given to
housing the exhibit at the No. ! Fire House.
MFP:ew
Mary F. Parker, CMC
City Clerk
L:\CLERK~DATA\CKEWI~,GENDA CORRESPONDENCE~agenda correspondence 06\Feb 0b%Feb 6 06 correspondence.doc
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, V~rginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk @ci.roanoke.va.us
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
February 9, 2009
File #15-70-110
Mr. Richard B. Sarver
2890 Northview Drive, S. W.
Roanoke, Virginia 24015
Dear Mr. Sarver:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, February 6, 2006, you were appointed as a member of the Board of
Fire Appeals, to fill the unexpired term of Bobby Lavender, ending June 30,
2008.
Enclosed you will find a Certificate of your appointment and an Oath or
Affirmation of Office which may be administered by the Clerk of the Circuit
Court of the City of Roanoke, located on the third floor of the Roanoke City
Courts Facility, 315 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to
which you were appointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires
that you be provided with a copy within two weeks of your appointment and
each appointee is required "to read and become familiar with provisions of the
Act."
Mr. Richard B. Sarver
February 9, 2006
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve the City of Roanoke as a member of
the Board of Fire Appeals.
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
pc:
Stephanie M. Moon, CMC, Deputy City Clerk
David Hoback, Acting Chief, Fire-EMS
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke
and keeper of the records thereof, do hereby certify that at a regular meeting of
Council which was held on the sixth day of February, 2006, RICHARD B. SARV£R
was appointed as a member of the Board of Fire Appeals, to fill the unexpired
term of Bobby Lavender, ending June 30, 2008.
Given under my hand and the Seal of the City of Roanoke this ninth day
of February, 2006.
City Clerk
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room456
Roanoke, ~r~rginia 2dO11-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk @ ci.roanoke.va.us
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
February 9, 2005
File #15-110-178
Mr. Sherman V. Burroughs, IV
147 Summit Way, S. W.
Roanoke, Virginia 24014
Dear Mr. Burroughs:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, February 6, 2006, you were reappointed as a member of the Fair Housing
Board, for a term ending March 31, 2009.
Enclosed you will find a Certificate of your reappointment and an Oath or
Affirmation of Office which may be administered by the Clerk of the Circuit Court
of the City of Roanoke, located on the third floor of the Roanoke City Courts
Facility, 315 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to
which you were reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing
copy of the Virginia Freedom of Information Act. The Act requires that you be
provided with a copy within two weeks of your appointment and each appointee is
required "to read and become familiar with provisions of the Act."
Mr. Sherman V. Burroughs, IV
February 9, 2006
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue your service to the City of Roanoke as
a member of the Fair Housing Board.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
pc: Angie Williamson, Secretary, Fair Housing Board
Stephanie M. Moon, CMC, Deputy City Clerk
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke
and keeper of the records thereof, do hereby certify that at a regular meeting of
Council which was held on the sixth day of February, 2006, Sherman V. Burroughs,
IV, was reappointed as a member of the Fair Housing Board, for a term ending
March 31, 2009.
Given under my hand and the Seal of the City of Roanoke this ninth day of
February, 2006.
City Clerk
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC Stephanie M. Moon, CMC
City Clerk Deputy City Clerk
February 9, 2006
Sheila N. Hartman
Assistant City Clerk
File #51
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copyofOrdinance No. 37303-020606 amending §36.2-100, Code of
the City of Roanoke (1979), as amended, and the Official Zoning Map, City of
Roanoke, Virginia, dated December 5, 2005, as amended, by amending the
condition presently binding upon the development of Patrick Henry High School
previously conditionally zoned INPUD, Institutional Planned Unit Development
Distri~:t, by deleting the proffered condition presently binding on the subject
property and applying new proffered conditions to the subject property.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, February 6, 2006, and is in full force
and effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
L:\CLERKqDATA~CKEW1 ~AGENDA CORRESPONDENCE~agenda correspondence 06~Feb 06\Feb 6 06 correspondence.doc
Darlene L. Burcham
February 9, 2006
Page 2
pc:
Cao Ming Hua & Ren Haigin9, 1302 Belle Aire Lane, S. W., Roanoke, Virginia
24018
Mr. and Mrs. Ronald W. 8ingham, 2412 Guilford Avenue, S. W., Roanoke,
Virginia 24015
Mr. and Mrs. James M. McLeese, 2416 Guilford Avenue, S. W., Roanoke,
Virginia 24015
Ms. Michelle Peale, 2420 Guilford Avenue, S. W., Roanoke, Virginia 24015
Ms. Lynn C. Wigginton, 2424 Guilford Avenue, S.W., Roanoke, Virginia 24015
Mr. and Mrs. James E. Loesl, 2428 Guilford Avenue, S. W., Roanoke, Virginia
24015
Ms. Patricia G. Wilson; P. O. Box 4744, Roanoke, Virginia 240:~5-0744
Mr. and Mrs. Robert Weaver, 2436 Guilford Avenue, S. W., Roanoke, Virginia
24015
Ms. Carlie V. English, 6300 Scotford Court, S. W., Roanoke, Virginia 24018
Mr. Robert D. Lipscomb, 2559Winifred Drive, S.W., Roanoke, Virginia 24018
Mr. and Mrs. John R. Patterson, 5903 Castle Rock Road, S. W., Roanoke,
Virginia 24018
Mr. David K. Cumins, 2735 Richelieu Avenue, S. W., Roanoke, Virginia 24014
Ms. Brenda R. Page, 2602 Guilford Avenue, S. W., Roanoke, Virginia 24015
Ms. Dinia M. Pease, 2608 Guilford Avenue, S. W., Roanoke, Virginia 24015
Mr. Kenneth C. Dunn, 2612 Guilford Avenue, S.W., Roanoke, Virginia 24015
Ms. Alice C. Tuckwiller, 2616 Guilford Avenue, S. W., Roanoke, Virginia
24015
Mr. and Mrs. Marvin C. Harrison, 2620 Guilford Avenue, S. W., Roanoke,
Virginia 24015
Mr. and Mrs. Colin P. Lunsford, 2624 Guilford Avenue, S. W., Roanoke,
Virginia 24015
Mr. and Mrs. James E. Hogan, 2702 Guilford Avenue, S. W., Roanoke, Virginia
24015
Mr. and Mrs. Jeffrey O. Drinkert, 2708 Guilford Avenue, S. W., Roanoke,
Virginia 24015
Mr. and Mrs. Donald R. Bollas, 2712 Guilford Avenue, S. W., Roanoke, Virginia
24015
Mr. and Mrs. James L. Hamrick, 2716 Guilford Avenue, S. W., Roanoke,
Virginia 24015
Mr. and Mrs. Jonathon B. Todd, 2720 Guilford Avenue, S. W., Roanoke,
Virginia 240:~5
Mr. and Mrs. Benjamin L. Henderson, 222 Rocky Shore Lane, Moneta, Virginia
24121
L:\CLERK~DATA\CKEW1 ~AGENDA CORRESPONDENCE~3genda correspondence 06~Feb 06\Feb 6 06 correspondence.doc
Darlene L. Burcham
February 9, 2006
Page 3
Ms. Tammy L. Crush, 2728 Guilford Avenue, S. W., Roanoke, Virginia 24015
Mr. and Mrs. Theodore M. Smith, 2732 Guilford Avenue, $. W., Roanoke,
Virginia 24015
Ms. Mary Jane Shirley, 2802 Guilford Avenue, S. W.; Roanoke, Virginia 24015
Mr. and Mrs. Terry L Clifton, 2806 Guilford Avenue, S. W., Roanoke, Virginia
24015
Mr. Joseph A. Murrary, 2810 Guilford Avenue, S..W., Roanoke, Virginia 24015
AEHProperties, 225 HeidingerDrive, Cary, North Carolina 27511
Mr. and Mrs. John P. Fudge, 2902 Guilford Avenue, S. W., Roanoke, Virginia
24015
Ms. Katrina A. Mabery and Ms. Virginia M. Balserak, 2912 Guilford
Avenue, S. W., Roanoke, Virginia 24015
Ms. Sue C. Lipscomb, 2916 Guilford Avenue, S. W., Roanoke, Virginia 24015
Mr. and Mrs. Ronald D. Whitlock, 2922 Guilford Avenue, S. W., Roanoke,
Virginia 24015
Mr. and Mrs. Donald B. AIIder, 2928 Guilford Avenue, S.W., Roanoke, Virginia
24015
Mr. and Mrs. Daniel R. Foutz, 3002 Guilford Avenue, S. W., Roanoke, Virginia
24015
Ms. Olivia I. Byrd, 3006 Guilford Avenue, S. W., Roanoke, Virginia 24015
Mr. and Mrs. Kevin R. Cunningham, 3010 Guilford Avenue, S. W., Roanoke,
Virginia 24015
Mr. and Mrs. Thomas H. Lambdon, 3014 Guilford Avenue, S. W., Roanoke,
Virginia 24015
Mr. and Mrs. R. Edward St. George, 3022 Guilford Avenue, S. W., Roanoke,
Virginia 24015
Ms. Corinne St. George, 3022 Guilford Avenue, S. W., Roanoke, Virginia
24015
Shenandoah Life Insurance Co., P. O. Box 12847, Roanoke, Virginia 24029
Mr. and Mrs. F. GeoffreyJennings, 1744 Blair Road, S. W., Roanoke, Virginia
24015
Mr. David W. Tucker, 1743 Blair Road, S. W., Roanoke, Virginia 24015
Mr. and Mrs. James M. George; 2340 Blenheim Road, S. W., Roanoke, Virginia
24015
Mr. and Mrs. Douglas B. Robison, 2517 Mt. Vernon Road, S. W., Roanoke,
Virginia 24015
Mr. and Mrs. Lynn C. Via, 2513 Mt. Vernon Road, S. W., Roanoke, Virginia
24015
Mr. and Mrs. Jon G. McNeece, 2507 Mt. Vernon Road, S. W., Roanoke, Virginia
24015
Ms. JeannieE. Hurt, 2501Mt. Vernon Road, S.W.,Roanoke, Virginia 24015
L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCESagenda correspondence 06~Feb 06\Feb 6 06 correspondence.doc
Darlene L. Burcham
February 9, 2006
Page 4
Mr. Jimmy W. Farley, 2429 Mt. Vernon Road, S. W., Roanoke, Virginia 24015
Mr. and Mrs. Samuel F. Vance, III, 1640 Persinger Road, S. W., Roanoke,
Virginia 24015
Mr. and Mrs. Kermit E. Hale, 2222 Blenheim Road, S. W., Roanoke, Virginia
24015
Mr. Douglas H. Viehman and Ms. Diane S. Naif, 2216 Blenheim Road, S. W.,
Roanoke, Virginia 24015
Mr. Ronald R. Henderson, Sr., and Ms. Shirley Cawley, 2421 Mt. Vernon
Road, S. W. Roanoke, Virginia 24015
Mr. and Mrs. Michael P. Snow, 1639 Persinger Road, S. W., Roanoke, Virginia
24015
Ms. Harriet G. Vance, 1656 Center Hill Road, S. W., Roanoke, Virginia 24015
Mr. and Mrs. Christopher W. Kaze, 1647 Center Hill Drive, S. W., Roanoke,
Virginia 24015
Mr. and Mrs. James H. Brown, 1702 Brandon Avenue, S.W., Roanoke, Virginia
24015
Mr. and Mrs. Dale E. Wilkinson, 1710 Brandon Avenue, S. W., Roanoke,
Virginia 24015
Mr. and Mrs. JackT. Meadows, 1714 Brandon Avenue, S.W., Roanoke, Virginia
24015
Ms. Frances Kastler, 1822 Mayfield Drive, S. E., Roanoke, Virginia 24014
Mr. and Mrs. Bruce A. Tolson, 1806 Brandon Avenue S. W., Roanoke, Virginia
24015
Mr. Stephen G. Ellis and Mr. Jerry P. Ellis, 1810 Brandon Avenue, S. W.,
Roanoke, Virginia 24015
Mr. George C. Koss, 2854 Fairway Forest Circle, Salem, Virginia 24153
Mr. and Mrs. Michael H. Pegram, 1824 Brandon Avenue, S. W., Roanoke,
Virginia 24015
Mr. Mark E. Barker, 1828 Brandon Avenue, S. W., Roanoke, Virginia 24015
Ms. Elizabeth G. Velazquez, 1832 Brandon Avenue, S. W., Roanoke, Virginia
24015
Mr. and Mrs. Gerald W. Danz, 4069 Poplar Grove Drive, Vinton, Virginia
24179
Nancy B. Williams Life Estate, 4423 Brentwood Court, S. W., Roanoke, Virginia
24018
Mr. George Williams, 1994 Brown Gap Turnpike, Charlottesville, Virginia
22901
Mr. George Williams, 103 Fourth Street, Bluefield, West Virginia 24701
Mr. Michael L. Holland, 1918 BrandonAvenue, S.W., Roanoke, Virginia 24015
Mr. Vernon E. Jolley, Jr., 1922 Brandon Avenue, S. W., Roanoke, Virginia
24015
L:\CLERK~)ATA\CKEWI~AGENDA CORRESPONDENCE~aoenda correspondence 06~Feb 06~Feb 6 06 correspondence.doc
Darlene L. Burcham
February 9, 2006
Page 5
Mr. and Mrs. Claude A. Hodges, 1926 Brandon Avenue, S. W., Roanoke,
Virginia 24015
Mr. Buddy D. Mason and Mr. James M. George, 110 E. First Street, Salem,
' Virginia 24153
Mr. Darrell R. Craighead, P. O. Box 1373, Salem, Virginia 24153
Mr. and Mrs. Curtis E. Fuller, 1942 Brandon Avenue, S. W., Roanoke, Virginia
24015
Board of Trustees, Unitarian Universalist Church of Roanoke, 2015 Grandin'
Road, S. W., Roanoke, Virginia 24015
Mr. David A. Rogers, 2103 Grandin Road, S. W., Roanoke, Virginia 24015
Ms. Judith E. Christophel, 211]. Grandin Road, S. W., Roanoke, Virginia 240].5
Mrs. And Mrs. George Marsh, 2].21 Grandin Road, S. W., Roanoke, Virginia
24015
Ms. Elaine A. Noell, Trustee, 220]. Grandin Road, S. W., Roanoke, Virginia
24015
Mr. and Mrs. Neale J. Huff, 2215 Grandin Road, S. W., Roanoke, Virginia
24015
Ms. Diana K. Kyle and Mr. Robert K; Salyer, 2223 Grandin Road, S. W.,
Roanoke, Virginia 24015
Mr. Curtis E. Fooks and Ms. Nan Rae Marion, 223]. Grandin Road, S. W.,
Roanoke, Virginia 24015
Mr. and Mrs. Jeffrey J. Hatch, 2239 Grandin Road, S. W., Roanoke, Virginia
24015
Mr. James P. Gilmer, III, and Ms. Jill M. Arliss, 2243 Grandin Road, S. W;,
Roanoke, Virginia 24015
Mr. Herbert H. Smith, II, 555 ]. Catawba Valley Drive, Catawba, Virginia 24070
Mr. and Mrs. Craig A. Johnson, 2343 Carter Road, S..W., Roanoke, Virginia
240].5
Board of Trustees, St. Elizabeth's Episcopal Church, P. O. Box 4706, Roanoke,
Virginia 240].5
WendyJones, President, Grandin Court Civic League, 2714 Tillett Road, S. W.,
Roanoke, Virginia 24015
Kurt Navratil, President, Greater Raleigh Court Civic League, 1877 Arlington
Road, S. W., Roanoke, Virginia 24015
Susan S. Lower, Director, Real Estate Valuation
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06~Feb 0§\Feb 6 06 correspondence,doc
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of February, 2006.
No. 37303-020606.
AN ORDINANCE to amend §36.2-100, Code of the City of Roanoke (1979), as amended,
and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, by
amending the condition presently binding upon the development of Patrick Henry High School
previously conditionally zoned INPLID, Institutional Planned Unit Development District, by deleting
the proffered condition presently binding on the subject property and applying new proffered
conditions to the subject property; and dispensing with the second reading by title of this ordinance.
WHEREAS, the City of Roanoke has made application to the Council of the City of
Roanoke, Virginia ("City Council"), to amend the condition presently binding upon a tract of land
located at 2102 Grandin Road, S.W., being designated as Official Tax No. 1460101, which property
was previously rezoned INPUD, Institutional Planned Unit Development DiStrict, with a proffer, by
the adoption of Ordinance No. 36795-071904, adopted July 19, 2004;
WHEREAS, the City of Roanoke seeks to have the subject property zoned IN-PUD,
Institutional Planned Unit Development District, with proffers to be set forth in the Third Amended
Petition to Amend Proffered Conditions;
WHEREAS, the City of Roanoke Public School Administration held four (4) community
engagement meetings on November 17, November 22, December 1, and December 12, 2005, on the
campus of Patrick Henry High School to solicit input from the community on the design of a school
sports stadium on the subject property;
WHEREAS, at its public meeting held on December 19, 2005, the School Board of the City
of Roanoke voted to approve the proffers as set forth in the First Amended Petition to Amend
Proffered Condition filed in the City Clerk's Office on December 9, 2005;
WHEREAS, a Second Amended Petition to Amend Proffered Condition, addressing
comments received by the City Planning Commission on December 21, 2005, was filed in the City
Clerk's Office on December 23, 2005, with the concurrence of the administration of the School
Division;
WHEREAS, the City Planning Commission, after giving proper notice to all concerned as
required by {}36.2-540, Code of the City of Roanoke (1979), as an~ended, and after conducting a
public hearing on the matter, has made its recommendation to Council;
WHEREAS, a Third Amended Petition to Amend Proffered Conditions, refle~:ting the two
(2) additional proffers made by the City at the public hearing conducted on February 6, 2006, will be
filed in the City Clerk's Office, the school administration of the School Division concurring with the
two (2) additional proffers at the public heating;
WHEREAS, a public heating was held by City Council on such application at its meeting on
February 6, 2006, after due and timely notice thereof as required by {}36.2-540, Code of the City of
Roanoke (1979), as amended, at which heating all parties in interest and citizens were given an
opportunity to be heard, both for and against the proposed amendment;
WHEREAS, this Council is of the opinion that the proposed amendment of proffers
promotes adequate convenience of access and safety from fire and ci'ime; reduces or prevents
.congestion in the public streets; facilitates the creation of a convenient, attractive and harmonious
community; allows a neighborhood school to serve better the needs of the citizens who live in the
area of the school; encourages high school students who attend Patrick Henry High School to take
part in interscholastic sports and engage in other athletic activities; ensures that the athletic facilities
will be more compatible with the surrounding neighborhood; facilitates the provision of adequate
police and fire protection, schools, parks, recreational facilities, and other public requirements;
protects against danger and congestion in travel and transportation; and encourages economic
development activities that provide desirable employment and enlarge the tax base; and
WHEREAS, this Council, after considering the aforesaid application, the recommendation
made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters
presented at the public hearing, finds that the public necessity, convenience, general welfare and
good zoning practice require the amending of the proffers pertaining to the subject property, and that
the amending of the proffers is consistent with Vision 2001 - 2020, the City's Comprehensive Plan,
and for those reasons, this Council is of the opinion that the condition now binding upon a tract of
land located at 2102 Grandin Road, S.W., being designated as Official Tax No. 1460101, should be
amended as requested, and that such property be zoned INPUD, Institutional Planned Unit
Development District, with proffers as set forth in the Third Amended Petition to Amend Proffered
Conditions to be filed in the City Clerk's Office.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official
Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect
the changes in proffered conditions as shown in the Third Amended Petition to Amend Proffered
Conditions 1o be filed in the City Clerk's office, so that the subject property is zoned INPUD,
Institutional Planned Unit Development District, with such proffers.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
Architectural Revie** Board
Board of Zoning Appeals
Planning Commission
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning @ ci.roanoke.va.us
February 6, 2006
The Honorable C. Nelson Harris, Mayor
and Members of City Council
Roanoke, Virginia
Mr. Henry Scholz, Vice Chairman
and Members of Planning Commission
Roanoke, Virginia
Dear Members of the Council and the Commission:
Subject:
Request from the City of Roanoke to delete a proffered
condition and to have certain revised and new proffered
conditions apply to certain property located at 2102 Grandin
Road, S.W., Official Tax No. 1460101, Patrick Henry High
School, for the purpose of the development of a high school
sports stadium, tennis courts, and practice fields.
Background:
By Ordinance No. 36795-071904, City Council rezoned the property from RS-3,
Single-Family Residential, to INPUD, Institutional Planned Unit Development
District, with a proffered development plan. The petitioner requests the
amendment of the development plan to allow for the development of a school
sports stadium, a practice field, and three tennis courts. The revised site plan
shows a 3,000 seat sports stadium, one additional practice field, and three
additional tennis courts west of the existing tennis courts. The petition was
initiated by City Council on November 7, 2005, and filed on November 9, 2005. A
First Amended Petition was filed on December 9, 2005. On December 19, 2005,
the School Board endorsed the proffers as contained in the First Amended
Petition. A Second Amended Petition was filed on December 23, 2005, containing
certain minor amendments requested by the City Planning Commission at its
December 21,2005 meeting, such amendments agreeable to School
Administration representatives in attendance on December 21, 2005.
Considerations:
The property under consideration is zoned as an Institutional Planned Unit
Development (INPUD) District, which is a district that encourages harmonious
development of institutional uses and mixed-use campus developments, provides
flexibility for creative development, minimizes potential negative impacts on
neighboring uses, and recognizes the special complexity and interrelationships of
land uses. The proposed stadium, practice field, and tennis courts are permitted
in the INPUD district as accessory uses to the existing school. The lighting of the
stadium, or any other outdoor athletic facility, will require a special exception
from the Board of Zoning Appeals.
Surrounding Zoninq Districts and Land Uses
The subject property borders 99 adjacent parcels. The vast majority of the parcels
are single-family dwellings. The property is surrounded by the following zoning
designations and land-uses:
· R-7, Residential Single-Family District, is located to the northeast and
northwest of the parcel along Grandin Road and Brandon Avenue.
IN, Institutional Districts, are located directly north of the parcel near the
intersection of Brandon Avenue and Grandin Road and west of the parcel
across from the intersection of Guildford Road and Grandin Road. These
districts contain the Christ Lutheran Church, the Unitarian Universalist Church
of Roanoke, and the Saint Elizabeth's Episcopal Church.
R-5, Residential Single Family District, is the primary district along the eastern
edge of the parcel. The land uses are mostly single-family dwellings with a few
duplexes and vacant parcels across Persinger Road and Blenheim Road.
· MX, Mixed Use District, is located to the southeast. The Shenandoah Life
Insurance office complex occupies this parcel.
· ROS, Recreation and Open Space District, is located south of the parcel on
Woodlawn Park, which fronts along Montgomery Avenue.
· RM-2, Residential Multifamily, Medium Density District, is located to the
southwest of the property.
RMF, Residential Multifamily District, covers an area southwest of the parcel.
The land uses fronting Guilford Avenue largely include single-family residential
development.
· CN, Commercial-Neighborhood District, borders the parcel on its western tip.
The Ali-Sports Caf~ and BP Convenience Store are the adjacent uses.
Submittal Requirements of the Institutional Planned Unit Development District
Per the submittal requirements of the INPUD, Exhibit Four of the Second Amended
Petition contains information related to the proposed district boundaries and
location of all public rights-of-way, driveways and loading areas. Also contained
in Exhibit Four is information on the location and use of all proposed structures
and those existing structures proposed to remain on the site. The location and
extent of all remaining and proposed off-street parking spaces is also illustrated.
Pedestrian routes and the use of open spaces are indicated on Exhibit Four, along
with areas of the site to be maintained in a natural or wooded condition. On-site
lighting details and proposed lumen levels are depicted and quantified on Exhibit
Four to ensure that there is no glare beyond the district boundaries. Exhibit Five
details the provision of public water, sewer, and stormwater infrastructure on the
redeveloped site. Exhibit Six illustrates the proposed Stadium Plan and details the
layout of the playing field, seating, concessions and toilets, and lighting. Exhibit
Seven contains the proposed stadium sections and structural elevations.
Conditions Proffered by the Petitioner
The Petitioner hereby requests that the following proffer accepted by
Ordinance No. 36795-071904 be deleted:
The property will be developed in substantial conformity with the Site
Plan prepared by Rife + Wood Architects dated April 2, 2004, a copy
of which is attached to this Petition for Rezoning as Exhibit Four and
the Utility Plan prepared by Rife + Wood Architects dated April 2,
2004, a copy of which is attached to this Petition for Rezoning as
Exhibit Five, subject to any changes required by the City during
comprehensive site plan review.
The Petitioner hereby requests that the following proffered conditions be
accepted and substituted for the proffer delineated above:
The property will be developed in substantial conformity with the Site Plan
prepared by Rife + Wood Architects dated December 5, 2005, a copy of
which is attached to this Petition to Amend Proffered Conditions as Exhibit
Four, and the Utility Plan prepared by Rife + Wood Architects dated
December 5, 2005, a copy of which is attached to this Petition to Amend
Proffered Conditions as Exhibit Five.
The school sports stadium facility will be developed in substantial
conformity with the Stadium Plan and the Stadium Sections, prepared
by Rife + Wood Architects dated December 21,2005 and December
5, 2005, respectively, copies of which are attached to this Petition to
Amend Proffered Conditions as Exhibits Six and Seven, respectively.
That the usage of the school sports stadium will be limited to high
school athletics, graduation ceremonies, and athletic events
sponsored through the Parks & Recreation Department of the City of
Roanoke, and other youth sports only.
That no less than 40% and no more than 60% of all home varsity
football games, in a single season, will be played during the daytime
hours on Saturday, as the exact number of home football games
varies from year to year.
That the school sports stadium may be utilized by William Fleming
High School, subject to all proffers. William Fleming High School's
right to use the Patrick Henry High School stadium shall expire
August 31,2010.
That all football games played at the stadium between Patrick Henry
High School and William Fleming High School, and any other City of
Roanoke high school, will be played during daylight hours only.
That all other sporting events, other than varsity football, will begin
during daylight hours; lights will only be used in the event of
darkness to complete a game.
8. That school sports stadium lighting will not be used for practices and
will be utilized for game play only.
That all sound amplification systems will only be used for varsity
football games, daytime varsity soccer games, and future graduation
assemblies should any be recommended by the administration of the
school.
10.
That manual traffic control will be provided before and after all home
varsity football games and graduation ceremonies at the intersections
of Brandon Avenue and Grandin Road, Grandin Road and Laburnum
Avenue, Grandin Road and Avenel Avenue, and Guilford Avenue and
Lofton Road in coordination with the City of Roanoke Police
Department.
11.
That the intersection of Lofton Road and Guilford Avenue will be
blocked before, during, and after every home varsity football game to
prevent vehicular traffic, excluding emergency vehicles, from
entering and exiting the Patrick Henry High School campus from
Lofton Road.
12.
That the service entrance to Patrick Henry High School from Blenheim
Road will be locked and secured to prevent any parking or access,
excluding emergency vehicles and team buses, before, during and
after every home varsity football game.
Compatibility with Comprehensive & Neiqhborhood Plans
The proposed petition is consistent with the following principles and policies of
Vision 2001-2020, the City's comprehensive plan:
Roanoke will encourage the efficient use of public schools by co-location of
education, lifelong learning, and recreation programs in school facilities,
making them community learning centers.(p84, PE P4)
4
School facilities are important community facilities. The location of new school
facilities will be carefully planned to enhance the surrounding community and
adhere to the City Design principles recommended. (p. 84, PE P2)
Roanoke will encourage on-street parking wherever possible and discourage
excessive surface parking lots. Carpooling, park and ride lots, and transit will
be encouraged to reduce parking demand. (p. 72, IN P4)
· City Design - New public facilities and buildings will be designed for quality
appearance and multiple functions. (p.] 1)
· Limit the amount of impervious surfaces to reduce runoff. (p.50, EC A13)
The proposed petition is consistent with the following goals and strategies of the
Greater Raleigh Court Neighborhood Plan:
· Minimize the impacts of increasing traffic.(p. 27, G3)
Decrease traffic & improve safety in residential areas that will be significantly
affected by additional traffic; measures should include encouraging motorists'
use of major thoroughfares in lieu of residential streets. (p. 27 G3 Al)
· Enhance park and recreation facilities within the neighborhood. (p. 30, G11)
Community Enqaqement Proqram
The City of Roanoke Public Schools Administration held four community
engagement meetings on the campus of Patrick Henry High School to solicit input
from the community on the design of the school sports stadium. During those
meetings, the participants expressed particular concern regarding traffic, parking,
lighting, and noise. Each of these issues is examined below.
Traffic and Parkinq
Traffic generated from a large stadium event is different from school day traffic.
Much of the load in occurs over 1-2 hours prior to the event while the load out
typically occurs in a much shorter time period during off-peak hours. To address
the loading issues, the Petitioner proffers to utilize the City of Roanoke Police
Department to direct traffic ingress and egress from the High School property.
Vehicle occupancies generally increase for special events and average 2.5
occupants per vehicle. For a 3,000 seat stadium, this equates to approximately
1,200 vehicles. Current average attendance at a Patrick Henry football game is
1,500 to 2,000 people. This equates to a range of 600 to 800 vehicles. Upon
completion of Phase II of the High School construction there will be over 650
spaces available on the entire campus (including parking at the High School,
Gibboney Hall, the Governor's School, Raleigh Court Elementary, and the Public
Library). The addition of temporary event parking on Shriner Field will be
available to supplement the permanent on-site parking. Staff does not
recommend additional permanent parking spaces due to Vision 2001~2020
policies that discourage excessive surface parking lots and impervious surfaces.
Furthermore, the placement of a school sports stadium near residential areas will
encourage more attendees to walk or bike to the events, potentially decreasing
the traffic and parking demand that might otherwise be generated.
Liqhting
The petitioner proffers that the Patrick Henry stadium lighting will only be used
for varsity football games and, in the event of darkness, used to complete other
sporting events that begin during daylight hours. The petitioner also proffers
that stadium lighting will not be used for practices, only for game play. Lighting
is not proposed for the practice field or proposed tennis courts. Exhibit 4
contains the lumen levels that are proposed for the stadium and at the property
line, as well as the design and model of lighting that will be used.
The issue of lighting can be addressed by the Planning Commission for this
petition; however it should be noted that under the recently adopted Zoning
Ordinance, Section 36.2~403(f), sports stadium lighting shall be established by
special exception granted by the Board of Zoning Appeals (BZA). It should also be
noted that under Chapter 21 of City Code, Section 21-43.1, the operation of any
lighted athletic facilities that are contiguous to residentially zoned parcels is
prohibited after 1OPM.
Noise
The petitioner has proffered that the stadium public address system will only be
used for varsity football games, daytime varsity soccer games, and future
graduation assemblies. The stadium has been oriented so that the home seating
faces Shrine Hill, thus directing the loudest crowd noise away from the adjoining
residential areas. The playing field and lower level seating is proposed to be
below the existing ground level and/or shielded by a berm of excavated fill (see
Exhibit Seven), which may also reduce noise transport. Additionally, an evergreen
tree buffer is proposed to be planted around most of the stadium perimeter.
Summary of Planninq Commission Meetinq on December 21,2005
At its meeting held on December 21, 2005, the Planning Commission heard
presentations regarding the petition from Bernie Godek, Associate
Superintendent, Richard Rife, Project Architect, and Jake Gilmer, City staff. Mr.
Godek spoke to the School Board's goal of producing complete school campuses
that enhance student experience and academic performance. He also described
the four community engagement meetings held by School Administration, which
lead to the development of the proffered conditions contained in the petition. Mr.
Rife described the proposed stadium design and his firm's efforts to address
issues of aesthetics, lighting, and noise.
6
The Commission asked questions of the petitioner and staff during the meeting.
Many of their questions related to lighting, traffic, parking, and noise. Several
Commissioners noted that the Greater Raleigh Court neighborhood will need to
work with the City and the School Administration to ensure that the proffers are
carried out in the spirit in which they have been offered. The Commission
requested that several of the proffers be clarified. Those clarifications are
included in the Second Amended Petition.
After presentations from Bernie Godek and Richard Rife, as well as the staff
report, the following persons spoke:
James Loesel (2428 Guilford Avenue, S.W.) - Mr. Loesel identified various
deficiencies with the design of the proposed stadium. Mr. Loesel presented his
comments in writing which are attached.
Phillip Wright (1646 Center Hill Drive, S.W.) - Mr. Wright said he opposed the
location of the stadium in the quiet, established neighborhood.
Suzanne Osborne (1702 Blair Road, S.W.) - Ms. Osborne said she represented 400
citizens in opposition to the proposed stadium. She noted there were other
negative impacts besides noise, lighting, and traffic.
Mary Scanlon (1631 Center Hill Drive, S.W.) - Ms. Scanlon questioned the
advertising and posting of the community meetings and spoke about the safety
issues in her neighborhood with regard to use of a stadium and traffic
management.
Kurt Navratil (1877 Arlington Road, S.W.) - Mr. Navratil said he was president of
the Greater Raleigh Court Civic League and a homeowner on Arlington Road. He
said that the Board of Greater Raleigh Court had voted in support of the proposed
stadium and that he was personally satisfied that the school administration had
addressed the concerns raised.
Carol Brash (2259 Westover Avenue, S.W.) - Ms. Brash said that she supported the
location of a stadium at Patrick Henry and the students deserved to have a
stadium at their school.
Tom Skelly (2402 Avenel Avenue, S.W.) - Mr. Skelly compared the location of the
stadium in the neighborhood with the locating of a Home Depot or a Lowe's in a
neighborhood.
Robert Turcotte (6744 Christopher Drive) - Mr. Turcotte said that he was a former
president of the Greater Raleigh Court Civic League and PTA president at Wasena.
He stated that the stadium issue was emotional and asked that emotions be taken
out of the decision-making.
Mike Warner (4914 Buckhorn Drive) - Mr. Warner said he supported a stadium at
Patrick Henry. He talked about his experience growing up at and teaching at a
school without a stadium and discussed the benefits of having school stadiums.
Ab Boxley (301 Willow Oak Drive) - Mr. Boxley said he strongly supported the
request before the Commission and felt it was compatible with the surrounding
community and would be an asset.
Stuart Revercomb (2408 Stanley Avenue, S.W.) - Mr. Revercomb referenced the
Greater Raleigh Court Neighborhood Plan and discussed the figures on
attendance and parking and said that parking should be planned on the capacity
of the stadium.
Winfred Noell (2743 Northview Drive) - Mr. Noell said everyone knew where he
stood on the issue. He talked about parking and questioned where people would
park who want to use the library during game time.
Bart Wilner (2709 Crystal Spring Avenue) - Mr. Wilner said that he and the
coaches, teachers, students and parents preferred to have a stadium at the high
school. He also discussed the benefits of having high school stadiums.
Dick Kepley (550 Kepplewood) - Mr. Kepley questioned where people would park
who wanted to use the library, Governor School when the stadium was being
used. He said there was not enough parking. He read a statement from Mr. Rife
that had been forwarded to the Stadium Committee.
Patricia Edwards (3045 Poplar Lane) - Ms. Edwards said she was president of the
Patrick Henry PTSA and asked the Commission to support a campus multi-
purpose, lighted athletic field.
E. Duane Howard (1135 Wasena Avenue) - Mr. Howard appeared before the
Commission to discuss the process.
Evelyn Bethel (35 Patton Avenue, N.E.) - Ms. Bethel gave her outlook on the
proposal for two stadiums. She stated that students at William Fleming should
not have to wait until 2010 for a stadium.
Alan Scanlon (1631 Center Hill Drive, S.W.) - Mr. Scanlon presented an aerial view
of the proposed stadium and surrounding neighborhood and said he could not
understand how a stadium could be proposed for this dense residential area.
Margaret Keyser (2701 Guilford Avenue, S.W.) - Ms. Keyser said that if the School
Board really wanted to have a stadium on school property, they should have
chosen one of the 13 sites the Victory Stadium Committee looked at and building
a new Patrick Henry High School as well as a stadium on one of those sites.
Joyce Waugh (on behalf of the Roanoke Regional Chamber of Commerce) - Ms.
Waugh said that the Chamber supported the proposed stadium. A copy of the
Chamber's letter is attached.
Vickie Damico (2256 Windsor Avenue, S.W.) - Ms. Damico said she supported the
stadium at Patrick Henry and encouraged the Commission to vote in favor.
Barbara Colonna (2318 Laburnum Avenue, S.W.) - Ms. Colonna said she supported
the stadium at Patrick Henry and urged the Commission to support it.
Ivan Moore (2219 Carter Road, S.W.) - Mr. Moore talked about his involvement
with the Booster Club and said he would be excited to have a stadium at the high
school.
Recommendation:
Given the comprehensive nature of the proffered conditions, both as they relate
to design and operation of the facility, and the overall relationship of the site to
adjacent properties, staff supports the Second Amended Petition for the
amendment of proffers. The Planning Commission should recommend approval
of the petition to the City Council.
Respectfully submitted,
R. Brian Townsend, Agent
City Planning Commission
Attachments
cc: Darlene L. Burcham, City Manager
Rolanda Russell, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Bernard Godek, Deputy Superintendent, Roanoke City Schools
9
Comments to the Planning Commission
December 21, 2005
PUD Plan for City Property, including Patrick Henry HS
My name is James Loesel. I live at 2428 Guilford Avenue.
After a brief review of the proposed site plan and proffers, I have identified problems
with the design in fuur different areas. These deficiencies should be addressed through
changes in facility design to reduce impacts on the neighborhood and improve the
functioning of the sports facilities.
Area 1, the proposed tennis courts:
Before constructing new courts, the substantial problem with the lighting of the
existing three tennis courts should be addressed. Currently, whenever the eom'ts
are used at night, the sky glows silver. The lighting probably exceeds the
standard of.5 foot candle at the property line that is noted on exhibit four of the
proposed site plan. This situation should be ameliorated by the installation of
new fixtures designed to reduce light spillage, similar in design to those proposed
for the stadium.
· The existing parking lot (shown inadequately on exhibit three) serves a variety of
users including tennis court players, Shriner field participants and spectators,
users of recreation facilities in other parts of Shrine Hill Park and Raieigh Court
Elementary School playground, utility trucks, and patrons of the neighboring All
Sports Cafe.
· What may be a parking lot shown on exhibit four appears to be inadequate even
for users of the expanded tennis courts, and certainly does not allow for the
current level of parking for the variety of uses noted earlier.
· Unless the proposed parking lot is expanded substantially, the parking will be
squeezed onto the alleyway. This is likely to block traffic by a variety of users,
including the residents along Guilford Avenue, many of whom use the alley to
access parking in the back of their lots.
· Furthermore, unless the proposed parking lot is expanded substantially, parking
will be squeezed further onto Guilford Avenue. The residents there are already
impacted by parking by non-residents. Although not part of the proposed site
plan discussion, I note that the sidewalks along Guilford are unsafe because they
in bad repair, not lighted, and flow with a torrent of water during rain storms. I
urge the City to address these existing problems in the neighborhood no matter
what decisions are made regarding the proposed facilities in Shrine Hill Park.
Area 2, the upexaded track and field and soccer field thcility:
· Although the site plan notes a soccer field within the track, the proposed design of
the track and field facilities does not accommodate the co-location ora full-sized
soccer field. Needed changes to accomplish this fit include:
1. location of the long jump and triple jump runways outside the track oval; and,
2. reconfiguration of the track into a German broken-hack design to allow for the
width of full-sized soccer field within the track oval.
· Bleachers for spectators should be included on the site plan.
· A walkway for spectators from the parking lot to the track should be included on
the site plan. There is currently no developed access to the track for participants
and spectators.
· The design curremly does not accommodate bus parking in this area. The
proposed improved track surface will be a magnet for holding more and larger
track meets on this facility. The design should accommodate at least 15 buses.
· The current transportation design would encourage bus drivers to drop
participants off either at the parking area or on the greenway, and then exit the
school property on Lotion, drive down Guilford, turn on Grandin Road, reenter
the school at the main entrance and park somewhere convenient in the parking lot.
A~er the meet, the bus drivers would form a line of buses on Lotion (still within
the campus), load the participants, and then exit via Lotion onto Guilford. The
result would be increased traffic of school buses onto Guilford, which is not an
appropriate street for school bus traffic.
· To avoid this problem, the proffer that would bar vehicular access at Lotion for
football games should be mended to include all track meets.
· Further, on site transportation routing should be developed to allow buses to
return from the track area to the main exit Grandin Road.
· This routing would also serve the cars using parking behind Gibboney Hall and
Raleigh Court Elementary for stadium events. Under the restrictions in proffer 11,
cars will not be allowed to exit the campus via Lotion Road.
Area 3, the parking at the library:
· A proffer should be added to require signs in the library parking lot which would
reserve parking for specifically for library patrons. The parking spaces there are
currently included in calculations for parking at football events. If parking for
non-library events is allowed there, library patrons will either be forced to park in
the neighborhood or denied use of the library during some athletic events.
Area 4, the playing fields near the stadium:
· On the current site plan shown in exhibit three, there is a notation which states
that "the reconstruction of the high school allows for the creation of two new
soccer/football fields and the expansion of the softball field to regulation size."
This notation is not included on the proposed site plan, and it appears the soccer
fields have been eliminated and substituted w th "practice fields". The design on
the site plan should restore the soccer fields--which seem always to be in short
supply for recreation use, as well school use. The proposed site plan should also
restore the notation that is included on the current plan to assure that the fields
will be to regulation soccer and softball standards.
In conclusion, the neighborhood is currently impacted on a dally basis by normal school
operation. These existing impacts on the neighborhood should be reduced through site
plan modification before imposing additional impacts on the neighborhood through the
inadequate design of athletic facilities.
Remarks to the Roanoke City Planning Commission
December 21, 2005
Joyce Waugh, Vice President, Public Policy
Roanoke Regional Chamber of Commerce
O
ROANOKE
REGIONAL
CHAMBER OF
COMMERCE
Chambersupports ~e £andUse DecCan ~p~ces~dium atPatrickHenry
High SchooL
In an earlier op-ed, the Roanoke Regional Chamber outlined solid reasons for
stadiums at two high schools. Now the issue is one of land use.
A high school stadium at Patrick Henry High School, at issue today, would:
· Make good use of existing school property
· Make effective use of existing parking while adding additional parking
· Enhance the school campus
· Improve neighborhood amenities
A high school stadium at Patrick Henry High School also:
· Would increase traffic periodically, but it would be the same nature of
existing school traffic, not significantly different from what currently
exists.
· Would not significantly change the character of the neighborhood, with the
high school already in place
At the heart of this issue is whether a stadium is a good fit with the existing
school and neighborhood. The timing is ideal, with construction underway at
Patrick Henry and it is a good fit for the community and the high school.
The Roanoke Regional Chamber urges the Roanoke City Planning Commission
to move forward approving the zoning for a stadium at Patrick Henry High School.
MARY F. PARKER, CMC
City Clerk
Richard A. Rife, Chair
City Planning Commission
1326 Grandin Road, S. W.
Roanoke, Virginia 24015
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-maih clerk ~ ci.roanoke.va.us
December 23, 2005
File #51
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
RECEIVED
DEC 2 ? 2085
crn' OF ROANOKE
PLANNING BUILDING/gdD DEVELOPMENT
Dear Mr. Rife:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as
amended, I am enclosing copy of a second amended petition received in the City
Clerk's Office on December 23, 2005, from Darlene L. Burcham, City Manager,
requesting Amendment of Proffered Conditions in connection with the rezoning of
a tract of land located at 2102 Grandin Road, S. W., Official Tax No. 1460101.
Sincerely,
Stephanie M. Moon,
Deputy City Clerk
SMM:ew
Enclosures
pc:
The Honorable Mayor and Members of the Roanoke City Council
Darlene L. Burcham, City Manager
Susan S. Lower, Director, Real Estate Valuation
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
L:\C LERK'J)ATA\CKEW 1 ~uF. ZONING AND STREET CLOSURE~ezonings - St~et Alley 06~2102 Grandin Road Sw 1460101 amendment No.
SECOND AMENDED PETITION TO AMEND PROFFERED
CONDITION
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Amendment of proffered conditions on certain property located at
2102 Grandin Road, S.W., Official Tax No. 1460101
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL
OF THE CITY OF ROANOKE:
By Ordinance No. 36795-071904, at the request of the City of
Roanoke, City Council rezoned the property identified as Official Tax No.
1460101 to [NPUD, Institutional Planned Unit Development District, with
a proffered condition. A map of the property is attached hereto as Exhibit
1.
The Petitioner, the City of Roanoke, owns said land and requests
that the condition relating to said property be amended as hereinal~er set
out.
The Petitioner believes that the subject amendment of proffer will
further the intent and purposes of the City Zoning Ordinance and its
Comprehensive Plan by permitting the development of a school sports
stadium on said property.
The Petitioner hereby requests that the following proffer accepted
by Ordinance No. 36795-071904 be deleted:
1. The property will be developed in substantial conformity
with the Site Plan prepared by Rife + Wood Architects dated
April 2, 2004, a copy of which is attached to this Petition for
Rezoning as Exhibit Four and the Utility Plan prepared by
Rife + Wood Architects dated April 2, 2004, a copy of which
is attached to this Petition for Rezoning as Exhibit Five,
subject to any changes required by the City during
comprehensive site plan review.
The Petitioner hereby requests that the following proffered
conditions be accepted and substituted for the proffer delineated above:
1. The property will be developed in substantial conformity with the
Site Plan prepared by Rife + Wood Architects dated December 5,
2005, a copy of which is attached to this Petition to Amend Proffered
Conditions as Exhibit Four, and the Utility Plan prepared by Rife +
Wood Architects dated December 5, 2005, a copy of which is
attached to this Petition to Amend Proffered Conditions as Exhibit
Five.
2. The school sports stadium facility will be developed in
substantial conformity with the Stadium Plan and the
Stadium Sections, prepared by Rife + Wood Architects dated
December 21, 2005 and December 5, 2005, respectively,
copies of which are attached to this Petition to Amend
Proffered Conditions as Exhibits Six and Seven, respectively.
3. That the usage of the school sports stadium will be limited to
high school athletics, graduation ceremonies, and athletic
events sponsored through the Parks & Recreation Department
of the City of Roanoke, and other youth sports only.
4. That no less than 40% and no more than 60% of all home
varsity football games, in a single season, will be played
during the daytime hours on Saturday, as the exact number of
home football games varies from year to year.
5. That the school sports stadium may be utilized by William
Fleming High School, subject to all proffered conditons.
William Fleming High School's right to use the Patrick
Henry High School stadium shall expire August 31, 2010.
6. That all football games played at the stadium between Patrick
Henry High School and William Fleming High School, and
any other City of Roanoke high school, will be played during
daylight hours only.
7. That all other sporting events, other than varsity football, will
begin during daylight hours; lights will only be used in the
event of darkness to complete a game.
8. That school sports stadium lighting will not be used for
practices and will be utilized for game play only.
9. That all sound amplification systems will only be used for
varsity football games, daytime varsity soccer games, and
furore graduation assemblies should any be recommended by
the administration of the school.
10. That manual traffic control will be provided before and after
all home varsity football games and graduation ceremonies at
the intersections of Brandon Avenue and Grandin Road,
Grandin Road and Laburnum Avenue, Grandin Road and
Avenel Avenue, and Guilford Avenue and Lotion Road in
coordination with the City of Roanoke Police Department.
11. That the intersection of Lotion Road and Guilford Avenue
will be blocked before, during, and after every home varsity
football game to prevent vehicular traffic, excluding
emergency vehicles, fi.om entering and exiting the Patrick
Henry High School campus fi.om Lotion Road.
12. That the service entrance to Patrick Henry High School fi.om
Blenheim Road will be locked and secured to prevent any
parking or access, excluding emergency vehicles and team
buses, before, during and after every home varsity football
game.
Attached as Exhibit 2 are the names, addresses and tax numbers of
the owner or owners of all lots or property immediately adjacent to and
immediately across a street or road fi.om the subject property. Attached,
as Exhibit 3 is the currently approved site plan, dated April 2, 2004.
WHEREFORE, the Petitioner requests that the above-described
proffers be accepted as herein set out in accordance with the provisions of
the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this ~_~ day of December, 2005.
Respectfully submitted,
Darlene L. Burcham, City Manager
City of Roanoke
215 Church Avenue, S.W.
Roanoke, Virginia 24011
(540) 853-2333
Exhibit 2
Tax No,
1551201
1551204
15512,
155120~
1551207
' Owners
Owner Name/Mailing Address
Gao Ming Hua & Ren Haiging
1302 Belle Aire Lane
VA 24018
Ronald and Misty Bingham --
2412 Guildford Avenue, 5W
Roanok~ 24015
James and Jennifer McLees~----
Guilford Avenue, 5W
24015
I Michelle Peale
· 2420 Guilford Avenue, SW
24015
Lynn C. WlggintOn
2424 Guilford Avenue, SW
24015
1551208 James and Jean Loesl
2428 Guilford Avenue, SW
VA 4015
15512, Patrida G. Wilson
P O Box 4744
Roanok 5-0744
1551210 Robert and Edna Weaver
2436 Guilford Avenue, SW
VA 24015
1551211 V. English
6300 Scotford Court
VA 24018
15512 Robert B. Lipscomb
~VA 2323~-'2413 Brldgehaven Trail
155 21.
r 2559 Winlfrey Drive
Roanoket VA 24018
John and Patricia Patterson -
5 go3 Castle Rock Road
1551214
Pr~ addres~-
2326 Grandln Road, SW
2432 Guilford Avenue,
Iford Avenue, SW
Avenue, SW ~
2506 Guildford Avenue, SW
25~'f~--C~uilford Avenue,
5145 Partrid · Circle
g .5W I
Roanoke VA-24014'---
_Bre_n_da_ R. Page -----_.
2602 Guilford Avenue, SW
Roanok~ VA 24015
; 1551217
'1551218
1551219
i551220
1551221
1551223
'i551224
1551225
1551226
1551227
155122~
155122
1551231
1551231
i1551232
Dinia M. Pease
2608 Guilford Avenue, SW
Roanoke, VA 24015
Kenneth C. Dunn
2612 Guilford Avenue, SW
Roanoke~ VA 24015
Alice C. Tuckwiller
2616 Guilford Avenue, SW
Roanoke, VA 24015
Marvin and Sandra Harrison
2620 Guilford Avenue, SW
Roanoke, VA 24015
Colin and Judith Lunsford
2624 Guilford Avenue, SW
Roanoke, VA 24015
James and Connie Hogan
2702 Guilford Avenue, SW
Roanoke, VA 24015
Jeffrey and Deborah Drinkert
2708 Guilford Avenue, SW
Roanoke, VA 24015
Donald and Barbara 8ollas
2712 Guilford Avenue, 5W
Roanoke, VA 24015
James and Janet Hamrlck
2716 Guilford Avenue, SW
Roanoke, VA 24015
onathon and Ilona Todd
Avenue, SW
VA 24OI 5
BenJamin and Nancy Henderson
222 Rocky Shore Lane
VA 24121
Tammy L. Crush
2728 Guilford Avenue, SW
Roanoke, VA 24015
Theodore and Dianne Smith
27.~2 Guilford Avenue, SW
VA 24015
Mary Jane Shirley
2802 Guilford Avenue, 5W
Roanoket VA 24015
Terry and Phyllis Clifton
2806 Guilford Avenue, 5W
Roanoket VA 24015
I
2724 Guilford Avenue, SW
1551233
Joseph A. Murrary
2810 Guilford Avenue, SW
Roanoke, VA 24015
1560501 A E H Properties
225 Heldlnger Drive
Cary, NC 27511
1560502 John and Nancy Fudge
2902 Guilford Avenue
I Roanoke, VA 24015
1560503 KatrinaA. Mabery
I Virginia M. Balserak
/ 2912 Guilford Avenue, SW
/ Roanoke~ VA 24015
1560504 ! Sue C. Lip$comb
2916 Guilford Avenue, SW
Roanoke~ VA 24015
1560505
560506
1560507
1560508
1560509
1560610
1560512
1560811
1370102
Ronald and Margaret Whitlock
2922 Guilford Avenue, SW
Roanoke~ VA 24015
Donald and Heather AIIder
2928 Guilford Avenue
Roanoke~ VA 24015
Daniel and Laura Foutz
3002 Guilford Avenue, SW
Roanoke, VA 24015
Olivia L Byrd
3006 Guilford Avenue, SW
Roanoke~ VA 24015
Kevin and Jennifer Cunningham
3010 Guilford Avenue, SW
Roanoke~ VA 24015
Thomas and Alice Lambclon
3014 Guilford Avenue, SW
RoanOke~ VA 24015
R. Edward and Corinne St.
George
3022 Guilford Avenue, SW
Roanoke, VA 24015
Corinne St. George
3022 Guilford Avenue, SW
Roanoke, VA 24015
Shenandoah Life Insurance Co.
P O Box i 2847
Roanoke~ VA 24029
2816 Guilford Avenue, SW
Ore,on Avenue
vacant lot)
2301 8rambleton Avenue,
SW
3
1370901
1370701
1370707
1370306
1370307
1370308
1370309
1350302
1350301
1350311
1350312
1350307
1350209
1350201
Geoffrey and Susan Jennings
1744 Blair Road, SW
ROanOke, VA 24015
David Tucker
1743 Blair Road, SW
Roanoke~ VA 24015
James and Dana George
2340 Blenheim Road
Roanoket VA 24015
Douglas and Erie Robison
2517 Mt. Vernon Road, SW
Roanoke~ VA 24015
Lynn and Mary Via
2513 Mt. Vernon Road, SW
Roanoke~ VA 24015
Jon and Wendy I~lcNeece
2507 Mt. Vernon Road, SW
Roanoke, VA 24015
Jeannie E. Hurt
2501 Mt. Vernon Road, SW
Roanoke~ VA 24015
Jimmy W. F&rley
2429 Mt. Vernon Road, SW
Roanoke, VA 24015
Samuel, Ill and Deanne Vance
1640 Persinger Road, SW
Roanoke, VA 24015
Kermit and Elizabeth Hale
2222 Blenheim Road, SW
Roanoke, VA 24015
Douglas Viehman
Diane Naif
2216 Blenheim Road, SW
Roanoke, VA 24015
Ronald and Shirley Henderson
2421 Mt. Vernon Road, SW
Roanoke~ VA 24015
Michael and Al~ril Snow
1639 Perslnger Road
Roanoke~ VA 24015
Harder G. Vance
1656 Center Hill Road, SW
Roanoke, VA 24015
4
1350114 Christopher and Kelly Kaze
1647 Center Hill Road
Roanoke~ VA 24015
1450729 James and Clnda Brown
1702 Brandon Avenue, SW
Roanoke~ VA 24015
1450727 Dale and Lora Wilkinson
1710 Brandon Avenue, SW
Roanoke, VA 24015
1450726 Jack and Ruth Meadows
1714 Brandon Avenue, SW
Roanoke~ VA 24015
1450725 Frances Kastler 1802 Brandon Avenue,
1822 Mayfleld Drive
1450724 I Roanoke~ VA 24014
Bruce and Patricia Tolson
1806 Brandon Avenue, SW
Roanoke~ VA 24015
1450723 ', Stephen G. Ellis
I Jerry P. Ellis
1810 Brandon Avenue, SW
Roanoke~ VA 24015
1450722 Frances Kastler 1814 Brandon Avenue, SW
1822 Mayfleld Drive
Roanoke~ VA 24014
1450721 George C. Koss 1818 Brandon Avenue, 5W
2854 Fairway Forest Circle
Salem~ VA 24153
450720 Michael and Cathy Pegram
1824 Brandon Avenue, 5W
Roanoke~ VA 24015
145071g Mark E. Barker
1828 Brandon Avenue, SW
Roanoke, VA 24015
450718 Elizabeth Velazquez
1832 Brandon Avenue, SW
Roanoke~ VA 24015
1450717 i Gerald and Drue Danz
1836 Brandon Avenue. SW
Roanoke, VA 24015
450716 ~ Nancy B. W Iliams Life Estate
4423Brentwood Court
Roanoke~ VA 24018
5
1450715
1450714
1450713
'1450712
1450711
1450710
145070g
1450708
1450707
1450706
1450705
1450704
1450701
1450315
1450314
1450313
1450214
George Williams
1994 Brown Gap Tp
Charlottesville, VA 22901
George Williams
1994 Brown Gap Tp
Charlottesvllle~ VA 22901
Brandon Avenue, SW
(vacant lot)
902 Brandon Avenue, SW
Brandon Avenue, SW
vacant lot)
910 Brandon Avenue, SW
1914 Brandon Avenue, SW
1930 Brandon Avenue, SW
1934 Brandon Avenue, SW
George Williams
103 Fourth Street
Bluefleld~WV 24701 '
Frances Kastler
1822 Mayfield Drive
Roanoke, VA 24014
Frances Kastler
1822 Mayfield Drive
Roanoke, VA 24014
Michael Holland
1918 Brandon Avenue, SW
Roanokef VA 2'4015
Vernoh E. Jolley, Jr.
1922 Brandon Avenue, sW
Roanoke~ VA 24015
Claude and Mary Hodges
1926 8randon Avenue, SW
Roanoke~ VA 24015
Buddy and James George
110 E. First Street
Salem, VA 24153
!Darrell R. Craighead
P O Box 1373
Salem, VA 24153
Curtis E. Fuller
1942 Brandon Avenue, 5W
Roanoke~ VA 24015
Curtis and Ellen Fuller
1942 Brandon Avenue, SW
Roanoke, VA 24015
Trustees, Unitarian Universalist
Church of Roanoke
2015 Grandln Road, SW
Roanoke, VA 24015
David A. Rogers
2103 Grandln Road, SW
Roanoke, VA 24015
1938 Brandon Avenue, SW
6
1450213 Judith E. Christophel
2111 Grandin Road, SW
Roanoke~ VA 24015
1450212 George and Elizabeth Marsh
2121 Grandin Road, SW
Roanoke, VA 24105
1540524 Elaine A. Noell J
2201 Grandin Road, SW
RoanokeI VA 24015
1540523 Neale and Mary Huff
2215 Grandin Road, SW
Roanoke, VA 24015
1540522 Diana Kyle
Robert Salyer
2223 Grandin Road, SW
Roanoke~ VA 24015 _
1540521 CurUs Fooks
Nan Rae Marion
2231 Grandin Road, 5W
Roanoke~ VA 24015
1540520 Jeffrey and Christina Hatch
2239 Grandin Road, 5W
Roanoke~ VA 24015
1540519 James, III and Jill GIImer
2243 Grandln Road, 5W
Roanoke~ VA 24015
15405 ! 8 He[bert H. Smith, II 2255 Grandin Road, SW
5551 Catawba Valley Drive
Catawba~ VA 24070 _
1540:124 Craig and Barbara Johnson
2343 Caner Road, SW
Roanoke~ VA 24015
1540330 Trustees of St. Elizabeth's 2371 York Road, SW
Episcopal Church
P O Box 4706
Roanoke, VA 24015
1560903 City of Roanoke City Montgomery Avenue,SW
~_ Woodland Park t
7
i
itill
iii
1111
·
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4
THIRD AMENDED PETITION TO AMEND PROFFERED
CONDITIONS
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Amendment of proffered conditions on certain property located at
2102 Grandin Road, S.W., Official Tax No. 1460101
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL
OF THE CITY OF ROANOKE:
By Ordinance No. 36795-071904, at the request of the City of
Roanoke, City Council rezoned the property identified as Official Tax No.
1460101 to 1NPUD, Institutional Planned Unit Development District, with
a proffered condition. A map of the property is attached hereto as Exhibit
1.
The Petitioner, the City of Roanoke, owns said land and requests
that the condition relating to said property be amended as hereinafter set
out.
The Petitioner believes that the subject amendment of proffer will
further the intent and purposes of the City Zoning Ordinance and its
Comprehensive Plan by permitting the development of a school sports
stadium on said property.
The Petitioner hereby requests that the following proffer accepted
by Ordinance No. 36795-071904 be deleted:
1. The property will be developed in substantial conformity
with the Site Plan prepared by Rife + Wood Architects dated
April 2, 2004, a copy of which is attached to this Petition for
Rezoning as Exhibit Four and the Utility Plan prepared by
Rife + Wood Architects dated April 2, 2004, a copy of which
is attached to this Petition for Rezoning as Exhibit Five,
subject to any changes required by the City during
comprehensive site plan review.
The Petitioner hereby requests that the following proffered
conditions be accepted and substituted for the proffer delineated above:
1. The property will be developed in substantial conformity with the
Site Plan prepared by Rife + Wood Architects dated December 5,
2005, a copy of which is attached to this Petition to Amend Proffered
Conditions as Exhibit Four, and the Utility Plan prepared by Rife +
Wood Architects dated December 5, 2005, a copy of which is
attached to this Petition to Amend Proffered Conditions as Exhibit
Five.
2. The school sports stadium facility will be developed in
substantial conformity with the Stadium Plan and the
Stadium Sections, prepared by Rife + Wood Architects dated
December 21, 2005 and December 5, 2005, respectively,
copies of which are attached to this Petition to Amend
Proffered Conditions as Exhibits Six and Seven, respectively.
3. That the usage of the school sports stadium will be limited to
high school athletics, graduation ceremonies, and athletic
events sponsored through the Parks & Recreation Department
of the City of Roanoke, and other youth sports only.
4. That no less than 40% and no more than 60% of all home
varsity football games, in a single season, will be played
during the daytime hours on Saturday, as the exact number of
home football games varies from year to year.
5. That the school sports stadium may be utilized by William
Fleming High School, subject to all proffered conditions.
William Fleming High School's right to use the Patrick
Henry High School stadium shall expire August 31, 2010.
6. That all football games played at the stadium between Patrick
Henry High School and William Fleming High School, and
any other City of Roanoke high school, will be played during
daylight hours only.
7. That all other sporting events, other than varsity football, will
begin during daylight hours; lights will only be used in the
event of darkness to complete a game.
8. That school sports stadium lighting will not be used for
practices and will be utilized for game play only.
9. That all sound amplification systems will only be used for
varsity football games, daytime varsity soccer games, and
future graduation assemblies should any be recommended by
the administration of the school.
10. That manual traffic control will be provided betbre and after
all home varsity football games and graduation ceremonies at
the intersections of Brandon Avenue and Grandin Road,
Grandin Road and Laburnum Avenue, Grandin Road and
Avenel Avenue, and Guilford Avenue and Lofton Road in
coordination with the City of Roanoke Police Department.
1 i. That the intersection of Lofton Road and Guilford Avenue
will be blocked before, during, and after every home varsity
football game to prevent vehicular traffic, excluding
emergency vehicles, from entering and exiting the Patrick
Henry High School campus from Lofton Road.
12. That the service entrance to Patrick Henry High School from
Blenheim Road will be locked and secured to prevent any
parking or access, excluding emergency vehicles and team
buses, before, during and after every home varsity football
game.
13. That the certificate of occupancy for the stadium will not be
issued until completion and approval by City Traffic
Engineering of a traffic management plan to address event
traffic and parking. Such management plan will be done
subject to all other proffers contained in this petition.
14. That the City school administration will conduct at least three
public meetings regarding the design of the fa¢ade of the
stadium, such meetings to be held prior to the issuance of a
building permit for the stadium. This proffer will be subject
to all other proffers contained in this petition.
Attached as Exhibit 2 are the names, addresses and tax numbers of
the owner or owners of all lots or property immediately adjacent to and
immediately across a street or road from the subject property. Attached,
as Exhibit 3 is the currently approved site plan, dated April 2, 2004.
WHEREFORE, the Petitioner requests that the above-described
proffers be accepted as herein set out in accordance with the provisions of
the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this /d?'/'~day of February, 2006.
Respectfully submitted,
By: ¸
Darlene L. Burcham, City Manager
City of Roanoke
215 Church Avenue, S.W.
Roanoke, Virginia 24011
(540) 853-2333
Darlene L. Bur¢}fiam, City Manager
Map Output Page 1 of I
Exhibit 1 - Location
http://gis/servlet/com.esri.esfimap.Esfimap?Se~viceName-n~e&ClientVersion=3.1 &For... 02/07/2006
Exhibit 2 Adjoining Property Owners
Tax No. Owner N~me/Mail'ing Address Property address if different
from mailing address
1551201 CaoMing Hua&RenHaiging 2326Grandin Road, SW
1302 Belle Aire Lane
Roanoke, VA 24018
1551204 Ronaldand MistyBingham
2412 Guildford Avenue, SW
Roanoke, VA 24015
1551205 James and Jennifer McLeese
2416 Guilford Avenue, SW
Roanoke, VA 24015
1551206 MichellePeale
2420 Guilford Avenue, SW
Roanoke, VA 24015
1551207 LynnC. Wigginton
2424 Guilford Avenue, SW
Roanoke, VA 24015
1551208 James and Jean Loesl
2428 Guilford Avenue, SW
Roanoke, VA 24015
1551209 PatriciaG. Wilson 2432 Guilford Avenue, SW
P O Box 4744
Roanoke, VA 24015-0744
1551210 Robert and Edna Weaver
2436 Guilford Avenue, SW
Roanoke, VA 24015
1551211 ClaireV. English 2440 Guilford Avenue, SW
6300 Scotford Court
Roanoke, VA 24018
1551212 RobertB. Lipscomb Guilford Avenue, SW
2559 Winifred Drive
Roanoke, VA 24018
1551213 Robert Lipscomb 2502 Guilford Avenue, SW
2559 Winifrey Drive
Roanoke, VA 24018
1551214 John and PatriciaPatterson 2506 Guildford Avenue, SW
5903 Castle Rock Road
Roanoke, VA 24018
1551215 David K. Cumins 2512 Guilford Avenue, SW
2735 Richelieu Avenue, SW
Roanoke, VA 24014
1551216 BrendaR. Page
2602 Guilford Avenue, SW
Roanoke, VA 24015
1551217 Dinia M. Pease
2608 Guilford Avenue, SW
Roanoke, VA 24015
1551218 KennethC. Dunn
2612 Guilford Avenue, SW
Roanoke, VA 24015
1551219 Alice C. Tuckwiller
2616 Guilford Avenue, SW
Roanoke, VA 24015
1551220 Marvin and Sandra Harrison
2620 Guilford Avenue, SW
Roanoke, VA 24015
1551221 Colin and Judith Lunsford
2624 Guilford Avenue, SW
Roanoke, VA 24015
1551223 James and Connie Hogan
2702 Guilford Avenue, SW
Roanoke, VA 24015
1551224 Jeffrey and Deborah Drinkert
2708 Guilford Avenue, SW
Roanoke, VA 24015
1551225 Donald and BarbaraBollas
2712 Guilford Avenue, SW
Roanoke, VA 24015
1551226 James and JanetHamrick
2716 Guilford Avenue, SW
Roanoke, VA 24015
1551227 JonathonandllonaTodd
2720 Guilford Avenue, SW
Roanoke, VA 24015
1551228 Benjamin and Nancy Henderson 2724 Guilford Avenue, SW
222 Rocky Shore Lane
Moneta, VA 24121
1551229 Tammy L. Crush
2728 Guilford Avenue, SW
Roanoke, VA 24015
1551230 Theodore and DianneSmith
2732 Guilford Avenue, SW
Roanoke, VA 24015
1551231 MaryJaneShirley
2802 Guilford Avenue, SW
Roanoke, VA 24015
1551232 Terryand Phyllis Clifton
2806 Guilford Avenue, SW
Roanoke, VA 24015
1551233 JosephA. Murrary
2810 Guilford Avenue, SW
Roanoke, VA 24015
1560501 AEHProperties 2816 Guilford Avenue, SW
225 Heidinger Drive
Cary, NC 27511
1560502 John and Nancy Fudge
2902 Guilford Avenue
Roanoke, VA 24015
1560503 KatrinaA. Mabery
Virginia M. Balserak
2912 Guilford Avenue, SW
Roanoke, VA 24015
1560504 SueC. Lipscomb
2916 Guilford Avenue, SW
Roanoke, VA 24015
1560505 Ronaldand MargaretWhitlock
2922 Guilford Avenue, SW
Roanoke, VA 24015
1560506 Donald and HeatherAIIder
2928 Guilford Avenue
Roanoke, VA 24015
1560507 Daniel and Laura Foutz
3002 Guilford Avenue, SW
Roanoke, VA 24015
1560508 OliviaI. Byrd
3006 Guilford Avenue, SW
Roanoke, VA 24015
1560509 KevinandJenniferCunningham
3010 Guilford Avenue, SW
Roanoke, VA 24015
1560510 Thomas and AliceLambdon
3014 Guilford Avenue, SW
Roanoke, VA 24015
1560512 R. Edward and Corinne St.
George
3022 Guilford Avenue, SW
Roanoke, VA 24015
1560811 Corinne St. George Oregon Avenue
3022 Guilford Avenue, SW (vacant lot)
Roanoke, VA 24015
1370102 Shenandoah Life Insurance Co. 2301 BrambletonAvenue,
P O Box 12847 SW
Roanoke, VA 24029
3
1370901 Geoffrey and SusanJennings
1744 Blair Road, SW
Roanoke, VA 24015
1370701 David Tucker
1743 Blair Road, SW
Roanoke, VA 24015
1370707 James and Dana George
2340 Blenheim Road
Roanoke, VA 24015
1370306 Douglas and EvieRobison
2517 Mt. Vernon Road, SW
Roanoke, VA 24015
1370307 Lynn and Mary Via
2513 Mt. Vernon Road, SW
Roanoke, VA 24015
1370308 JonandWendyMcNeece
2507 Mt. Vernon Road, SW
Roanoke, VA 24015
1370309 Jeannie E. Hurt
2501 Mt. Vernon Road, SW
Roanoke, VA 24015
1350302 JimmyW. Farley
2429 Mt. Vernon Road, SW
Roanoke, VA 24015
1350301 Samuel, llland DeanneVance
1640 Persinger Road, SW
Roanoke, VA 24015
1350311 Kermit and Elizabeth Hale
2222 Blenheim Road, SW
Roanoke, VA 24015
1350312 DouglasViehman
Diane Naif
2216 Blenheim Road, SW
Roanoke, VA 24015
1350307 Ronald Henderson, Jr.
Shirley Cawley
2421 Mount Vernon Road, SW
Roanoke, VA 24015
1350209 Michael and April Snow
1639 Persinger Road
Roanoke, VA 24015
1350201 HarrietG. Vance
1656 Center Hill Road, SW
Roanoke, VA 24015
4
1350114 Christopher and Kelly Kaze
1647 Center Hill Road
Roanoke, VA 24015
1450729 James and Cinda Brown
1702 Brandon Avenue, SW
Roanoke, VA 24015
1450727 Dale and LoraWilkinson
1710 Brandon Avenue, SW
Roanoke, VA 24015
1450726 Jack and Ruth Meadows
1714 Brandon Avenue, SW
Roanoke, VA 24015
1450725 Frances Kastler 1802 BrandonAvenue, SW
1822 Mayfield Drive
Roanoke, VA 24014
1450724 Bruce and PatriciaTolson
1806 Brandon Avenue, SW
Roanoke, VA 24015
1450723 StephenG. Ellis
Jerry P. Ellis
1810 Brandon Avenue, SW
Roanoke, VA 24015
1450722 FrancesKastler 1814 Brandon Avenue, SW
1822 Mayfield Drive
Roanoke, VA 24014
1450721 GeorgeC. Koss 1818 Brandon Avenue, SW
2854 Fairway Forest Circle
Salem, VA 24153
1450720 Michael and CathyPegram
1824 Brandon Avenue, SW
Roanoke, VA 24015
1450719 MarkE. Barker
1828 Brandon Avenue, SW
Roanoke, VA 24015
1450718 ElizabethVelazquez
1832 Brandon Avenue, SW
Roanoke, VA 24015
1450717 Gerald and DrueDanz 1836 Brandon Avenue, SW
4069 Poplar Grove Drive
Vinton, VA 24179
1450716 Nancy B. Williams Life Estate 1840 Brandon Avenue, SW
4423Brentwood Court
Roanoke, VA 24018
5
1450715 George Williams BrandonAvenue, SW
1994 Brown Gap Tp (vacant lot)
Charlottesville, VA 22901
1450714 George Williams 1902 BrandonAvenue, SW
1994 Brown Gap Tp
Charlottesville, VA 22901
1450713 George Williams BrandonAvenue, SW
103 Fourth Street (vacant lot)
Bluefield,~ 24701
1450712 Frances Kastler 1910 Brandon Avenue, SW
1822 IVlayfield Drive
Roanoke, VA 24014
1450711 Frances Kastler 1914 Brandon Avenue, SW
1822 Mayfield Drive
Roanoke, VA 24014
1450710 Michael Holland
1918 Brandon Avenue, SW
Roanoke, VA 24015
1450709 Vernon E. Jolley, Jr.
1922 Brandon Avenue, SW
Roanoke, VA 24015
1450708 Claude and MaryHodges
1926 Brandon Avenue, SW
Roanoke, VA 24015
1450707 Buddy Mason and James George 1930 Brandon Avenue, SW
110 E. First Street
Salem, VA 24153
1450706 DarrelIR. Craighead 1934 Brandon Avenue, SW
P O Box 1373
Salem, VA 24153
1450705 CurtisE. Fuller 1938 Brandon Avenue, SW
1942 Brandon Avenue, SW
Roanoke, VA 24015
1450704 Curtis and Ellen Fuller
1942 Brandon Avenue, SW
Roanoke, VA 24015
145070] Trustees, Unitarian Universalist
1450315 Church of Roanoke
1450314 2015Grandin Road, SW
1450313 Roanoke, VA 24015
1450214 DavidA. Rogers
2103 Grandin Road, SW
Roanoke, VA 24015
6
1450213 Judith E. Christophel
2111 Grandin Road, SW
Roanoke, VA 24015
1450212 George and Elizabeth Marsh
2121 Grandin Road, SW
Roanoke, VA 24105
1540524 ElaineA. NoelI, Trustee
2201 Grandin Road, SW
Roanoke, VA 24015
1540523 Nealeand Mary Huff
2215 Grandin Road, SW
Roanoke, VA 24015
1540522 DianaKyle
Robert Salyer
2223 Grandin Road, SW
Roanoke, VA 24015
1540521 CurtisFooks
Nan Rae Marion
2231 Grandin Road, SW
Roanoke, VA 24015
1540520 Jeffrey and Christina Hatch
2239 Grandin Road, SW
Roanoke, VA 24015
1540519 James P. Gilmer, lll
Jill M. Arliss
2243 Grandin Road, SW
Roanoke, VA 24015
1540518 HerbertH. Smith, II 2255Grandin Road, SW
5551 Catawba Valley Drive
Catawba, VA 24070
1540324 Craig and Barbara Johnson
2343 Carter Road, SW
Roanoke, VA 24015
1540330 Trustees of St. Elizabeth's 2371 York Road, SW
Episcopal Church
P O Box 4706
Roanoke, VA 24015
1560901 City of Roanoke City Montgomery Avenue,SW
Woodland Park
215 Church Avenue, SW
i:
. i~'~' "i" , '"Jli"ji J
'"
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o
II
I!
' .O-.t I
"STATEMENT OF CONFLICT OF INTEREST"
I, Richard Rife, of Rife and Wood Architects, located at 1326 Grandin Road, S.W.,
Roanoke, Virginia, state that I have a personal interest in the rezoning matter involving
Official Tax No. 1460101, the lot on which Patrick Henry High School is located.
Therefore, pursuant to Virginia Code Section 2.2-3112(A)(1), I must refrain from
participation in this matter. I ask that the Secretary for the Planning Commission accept
this statement and ask that it be made a part of the minutes of this meeting for the
Planning Commission and be retained for five years, as required by Section 2.2-3115 of
the Code of Virginia of 1950, as amended.
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
...............................................
MARY F. PARKER
CITY OF ROANOKE CLERK'S OFFICE
215 CHURCH AVE SW RM 456
NOEL C. TAYLOR MUNICIPAL BLDG.
ROANOKE VA 24011
REFERENCE: 32143302
09195011
NOTICEOFPUBLICHEARIN
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
nia. Sworn and subscribed before me this
~_~___day of January 2006. Witness my hand and
~/~ ~ · NotDry Public
PUBLISHED ON: 01/'23 01/30
TOTAL COST: 1,142.64
FILED ON: 01/30/06
Authori ze f/~
Signature: ~v v-%./ . , Billing
NOTICEOF PUBLIC
HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of
Article V of Chapter 36.2,
Code of the City of Roanoke
(1979), as amended, the
Couneil of the City of
Roat~cke and the City of
Roanoke Planning]
Commission wil~ hold a joint
pub c hear ng on Monday,
February6 2006, at 7:00:
p.m. or as soon tnereafterl
as the matter may be heard.
itl the City Council Chamber,
fourth floor, Noel C. Taylor
Municipal Building, 215
Church Avenue, S.W..
Roanoke, Virginia, on the
question of deleting the
proffered zoning condition
presently binding upon
Patrick Henry High School,
located a~ 2102 Grandin
Road S.W., Roanoker
Virginia, and designated as
Official Tax No 1460g01,
and having certain revised
and new proffered
condUions apply to the
subject property.
The new and additional
proffered conditions
proposed to replace the
proffered condition presently
binding on the subject
property include a revised
comprehensive plan
devel(pment wh ch sets[
forth the location and layout
of a new high school sports
stadium of approximately
3,000 seats, tennis courts
and practice fields, and the
following additional proffers:
· that the property will be
developed in substantial
conformity with the SFte Plan
prepared by Rife + Wood
Architects dated December
5, 2005, a copy of which is
attached to the Second
Amended Petition to Amend
Proffered Condition as
Exhibit Four, and the Utility
Plan prepared by Rife +
Wood Architects dated
December 5, 2005, a copy
of which is attached to the
Second Amended Petition to
Amend Proffered Condition
as Exhibit Five;
· that the schoo~ sports
stadium facility will be
developed in substantial
conformity with the Stadium
Plan and the Stadium
Sections, prepared by Rife +
Wood Architects dated
December 21. 2005 and
December 5, 2005
respectively, copies of which
are attached to the Second
Amended Petition to Amend
Proffered Condition as
Exhibits Six and Seven.
respectively;
· that the usage of the
school sports stadium wid be
Hmited to high school
athletics, ~radUation
ceremonies, and athletic
events sponsored through
the Parks & Recreation
Department of the City of
Roanoke, and other youth
sports only;
· that Ilo less than 40% and - -
Ry f00tDall ga .....
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540)853-1730 Fax: (540)853-1230
E-mail: planning Ca~ ci.roanoke.va.us
January 26, 2006
IMPORTANT NOTICE - PLEASE READ
A request to delete a proffered condition and to have certain revised and new proffered
conditions apply to the property described below has been filed with the City Clerk of the City of
Roanoke, Virginia. Information relative to this request is as follows:
Petitioner:
City of Roanoke
Purpose of the Request:
Deleting the proffered zoning condition presently binding upon
the subject property and having certain revised and new
proffered conditions apply to the subject property, including a
proffered condition which includes a revised comprehensive plan
of development which sets forth the location and layout of a new
high school sports stadium of approximately 3,000 seats, tennis
courts and practice fields.
Location of Property:
Patrick Henry High School, 2102 Grandin Road, S.W.,
Official Tax No. 1460101
The date, time and place of the joint public hearing scheduled by the City of Roanoke Planning
Commission and City Council on the request are as follows:
Monday, February 6, 2006, at 7 p.m.
City Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building
215 Church Avenue, S.W. Roanoke, Virginia 24011
A copy of the Notice of Public Heating published in the Roanoke Times on January 23 and
January 30, 2006, pertaining to this matter is enclosed for your information and is incorporated
by reference into this notice.
Questions concerning this request may be directed to Chris Chittum, Planning Administrator at
853-2356 in the Department of Plan~ing Building and Economic DeveloFr~ent.
Martha P. Franklin, Secretary ~"-/-~ Mary F. Parker, CMC
City of Roanoke Planning Commission City Clerk
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE AMENDMENT OF PROFFERS REQUEST OF:
City of Roanoke, 2102 Grandin Road, S.W. )
) AFFI DAVIT
Official Tax No. 1460101
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Rebecca J. Cockram, first being duly sworn, states that she is Secretary
to the Roanoke City Planning Commission, and as such is competent to make this
affidavit of her own personal knowledge. Affidavit states that, pursuant to the
provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of
the Planning Commission of the City of Roanoke, she has sent by first-class mail on
the 26th day of January, 2006, notices of a public hearing to be held on the 6th day of
February, 2006, on the amendment captioned above to the owner or agent of the
parcels listed below at their last known address:
Tax No. Owner Name/Mailing Address Property address if different
from mailing address
1551201 Cao Ming Hua & Ren Haiging 2326 Grandin Road, SW
1302 Belle Aire Lane
Roanoke, VA 24018
1551204 Ronald and Misty Bingham
2412 Guildford Avenue, SW
Roanoke, VA 24015
1551205 James and Jennifer McLeese
2416 Guilford Avenue, SW
Roanoke, VA 24015
1551206 Michelle Peale
2420 Guilford Avenue, SW
Roanoke, VA 24015
1551207 Lynn C. Wigginton
2424 Guilford Avenue, SW
Roanoke, VA 24015
1551208 James and Jean Loesl
2428 Guilford Avenue, SW
Roanoke, VA 24015
1551209 Patricia G. Wilson 2432 Guilford Avenue, SW
P O Box 4744
Roanoke, VA 24015-0744
1551210 Robert and Edna Weaver
2436 Guilford Avenue, SW
Roanoke, VA 24015
1551211 Claire V. English 2440 Guilford Avenue, SW
~300 Scotford Court
Roanoke, VA 24018
1551212 Robert B. Lipscomb Guilford Avenue, SW
2559 Winfred Drive
Roanoke, VA 24018
1551213 Robert Lipscomb 2502 Guilford Avenue, SW
2559 Winifrey Drive
Roanoke, VA 24018
1551214 John and Patricia Patterson 2506 Guildford Avenue, SW
5903 Castle Rock Road
Roanoke, VA 24018
1551215 David K. Cumins 2512 Guilford Avenue, SW
2735 RichelieAve., S.W.
Roanoke, VA 24014
1551216 Brenda R. Page
2602 Guilford Avenue, SW
Roanoke, VA 24015
1551217 Dinia M. Pease
2608 Guilford Avenue, SW
Roanoke, VA 24015
1551218 Kenneth C. Dunn
2612 Guilford Avenue, SW
Roanoke, VA 24015
1551219 Alice C. Tuckwiller
2616 Guilford Avenue, SW
Roanoke, VA 24015
1551220 Marvin and Sandra Harrison
2620 Guilford Avenue, SW
Roanoke, VA 24015
1551221 Colin and Judith Lunsford
2624 Guilford Avenue, SW
Roanoke, VA 24015
1551223 James and Connie Hogan
2702 Guilford Avenue, SW
Roanoke, VA 24015
1551224 Jeffrey and Deborah Drinker[
2708 Guilford Avenue, SW
Roanoke, VA 24015
1551225 Donald and Barbara Bollas
2712 Guilford Avenue, SW
Roanoke, VA 24015
1551226 James and Janet Hamrick
2716 Guilford Avenue, SW
Roanoke, VA 24015
1551227 Jonathon and Ilona Todd
2720 Guilford Avenue, SW
Roanoke, VA 24015
1551228 Benjamin and Nancy Henderson 2724 Guilford Avenue, SW
222 Rocky Shore Lane
Moneta, VA 24121
1551229 Tammy L. Crush
2728 Guilford Avenue, SW
Roanoke, VA 24015
1551230 Theodore and Dianne Smith
2732 Guilford Avenue, SW
Roanoke, VA 24015
1551231 Mary Jane Shirley
2802 Guilford Avenue, SW
Roanoke, VA 24015
1551232 Terry and Phyllis Clifton
2806 Guilford Avenue, SW
Roanoke, VA 24015
1551233 Joseph A. Murrary
2810 Guilford Avenue, SW
Roanoke, VA 24015
1560501 A E H Properties 2816 Guilford Avenue, SW
225 Heidinger Drive
Cary, NC 27511
1560502 John and Nancy Fudge
2902 Guilford Avenue
Roanoke, VA 24015
1560503 Katrina A. Mabery
Virginia M. Balserak
2912 Guilford Avenue, SW
Roanoke, VA 24015
1560504 Sue C. Lipscomb
2916 Guilford Avenue, SW
Roanoke, VA 24015
1560505 Ronald and Margaret Whitlock
2922 Guilford Avenue, SW
Roanoke, VA 24015
1560506 Donald and Heather AIIder
2928 Guilford Avenue
Roanoke, VA 24015
1560507 Daniel and Laura Foutz
3002 Guilford Avenue, SW
Roanoke, VA 24015
1560508 Olivia I. Byrd
3006 Guilford Avenue, SW
Roanoke, VA 24015
1560509 Kevin and Jennifer Cunningham
3010 Guilford Avenue, SW
Roanoke, VA 24015
1560510 Thomas and Alice Lambdon
3014 Guilford Avenue, SW
Roanoke, VA 24015
1560512 R. Edward and Corinne St. George
3022 Guilford Avenue, SW
Roanoke, VA 24015
1560811 Corinne St. George Oregon Avenue
3022 Guilford Avenue, SW (vacant lot)
Roanoke, VA 24015
1370102 Shenandoah Life Insurance Co. 2301 Brambleton Avenue, SW
P O Box 12847
Roanoke, VA 24029
1370901 Geoffrey and Susan Jennings
1744 Blair Road, SVV
Roanoke, VA 24015
1370701 David Tucker
1743 Blair Road, SW
Roanoke, VA 24015
1370707 James and Dana George
2340 Blenheim Road
Roanoke, VA 24015
1370306 Douglas and Evie Robison
2517 Mt. Vernon Road, SVV
Roanoke, VA 24015
1370307 Lynn and Mary Via
2513 Mt. Vernon Road, SW
Roanoke, VA 24015
1370308 Jon and Wendy McNeece
2507 Mt. Vernon Road, SW
Roanoke, VA 24015
1370309 Jeannie E. Hurt
2501 Mt. Vernon Road, SW
Roanoke, VA 24015
1350302 Jimmy W. Farley
2429 Mt. Vernon Road, SW
Roanoke, VA 24015
1350301 Samuel, III and Deanne Vance
1640 Persinger Road, SW
Roanoke, VA 24015
1350311 Kermit and Elizabeth Hale
2222 Blenheim Road, SW
Roanoke, VA 24015
1350312 Douglas Viehman
Diane Naif
2216 Blenheim Road, SW
Roanoke, VA 24015
1350307 Ronald Henderson. Sr
Shirley Cawley
2421 Mt. Vernon Road, SW
Roanoke, VA 24015
1350209 Michael and April Snow
1639 Persinger Road
Roanoke, VA 24015
1350201 Harriet G. Vance
1656 Center Hill Road, SW
Roanoke, VA 24015
1350114 Christopher and Kelly Kaze
1647 Center Hill Road
Roanoke, VA 24015
1450729 James and Cinda Brown
1702 Brandon Avenue, SW
Roanoke, VA 24015
1450727 Dale and Lora Wilkinson
1710 Brandon Avenue, SW
Roanoke, VA 24015
1450726 Jack and Ruth Meadows
1714 Brandon Avenue, SW
Roanoke, VA 24015
1450725 Frances Kastler 1802 Brandon Avenue, SW
1822 Mayfield Drive
Roanoke, VA 24014
1450724 Bruce and Patricia Tolson
1806 Brandon Avenue, SW
Roanoke, VA 24015
1450723 Stephen G. Ellis
Jerry P. Ellis
1810 Brandon Avenue, SW
Roanoke, VA 24015
1450722 Frances Kastler 1814 Brandon Avenue, SW
1822 Mayfield Drive
Roanoke, VA 24014
1450721 George C. Koss 1818 Brandon Avenue, SW
2854 Fairway Forest Circle
Salem, VA 24153
1450720 Michael and Cathy Pegram
1824 Brandon Avenue, SW
Roanoke, VA 24015
1450719 Mark E. Barker
1828 Brandon Avenue, SW
Roanoke, VA 24015
1450718 Elizabeth Velazquez
1832 Brandon Avenue, SW
Roanoke, VA 24015
1450717 Gerald and Drue Danz 1836 Brandon Avenue, SW
4069 Poplar Grove Dr.
Vinton, VA 24179
1450716 Nancy B. Williams Life Estate 1840 Brandon Avenue, SW
4423Brentwood Court
Roanoke, VA 24018
1450715 George Williams Brandon Avenue, SW
1994 Brown Gap Tp (vacant lot)
Charlottesville, VA 22901
1450714 George Williams 1902 Brandon Avenue, SW
1994 Brown Gap Tp
Charlottesville, VA 22901
1450713 George Williams Brandon Avenue, SW
103 Fourth Street (vacant lot)
Bluefield, WV 24701
1450712 Frances Kastler 1910 Brandon Avenue, SW
1822 Mayfield Drive
Roanoke, VA 24014
1450711 Frances Kastler 1914 Brandon Avenue, SW
1822 Mayfield Drive
Roanoke, VA 24014
1450710 Michael Holland
1918 Brandon Avenue, SW
Roanoke, VA 24015
1450709 Vernon E. Jolley, Jr.
1922 Brandon Avenue, SW
Roanoke, VA 24015
1450708 Claude and Mary Hodges
1926 Brandon Avenue, SW
Roanoke, VA 24015
1450707 Buddy Mason 1930 Brandon Avenue, SW
James George
110 E. First Street
Salem, VA 24153
1450706 Darrell R. Craighead 1934 Brandon Avenue, SW
P O Box 1373
Salem, VA 24153
1450705 Curtis E. Fuller 1938 Brandon Avenue, SW
1942 Brandon Avenue, SW
Roanoke, VA 24015
1450704 Curtis and Ellen Fuller
1942 Brandon Avenue, SW
Roanoke, VA 24015
1450701 Trustees, Unitarian Universalist
1450315 Church of Roanoke
1450314 2015 Grandin Road, SW
1450313 Roanoke, VA 24015
1450214 David A. Rogers
2103 Grandin Road, SW
Roanoke, VA 24015
1450213 Judith E. Christophel
2111 Grandin Road, SW
Roanoke, VA 24015
1450212 George and Elizabeth Marsh
2121 Grandin Road, SW
Roanoke, VA 24105
1540524 Elaine A. Noell Trustee
2201 Grandin Road, SW
Roanoke, VA 24015
1540523 Neale and Mary Huff
2215 Grandin Road, SW
Roanoke, VA 24015
1540522 Diana Kyle
Robert Salyer
2223 Grandin Road, SW
Roanoke, VA 24015
1540521 Curtis Fooks
Nan Rae Marion
2231 Grandin Road, SW
Roanoke, VA 24015
1540520 Jeffrey and Christina Hatch
2239 Grandin Road, SW
Roanoke, VA 24015
1540519 James P. Gilmer, III
Jill M. Arliss
2243 Grandin Road, SW
Roanoke, VA 24015
1540518 Herbert H. Smith, II 2255 Grandin Road, SW
5551 Catawba Valley Drive
Catawba, VA 24070
1540324 Craig and Barbara Johnson
2343 Carter Road, SW
Roanoke, VA 24015
1540330 Trustees of St. Elizabeth's 2371 York Road, SW
Episcopal Church
P O Box 4706
Roanoke, VA 24015
1560901 City of Roanoke City Montgomery Avenue, SW
Woodland Park
215 Church Ave.,
Roanoke, VA 24011
Notice also mailed to: Wendy Jones, President, Grandin Court Civic League, 2714
Tillett Road, S.W. 24015 and Kurt Navratil, President, Greater Raleigh Court Civic
League, 1877 Arlington Road, S.W. 24015
Rebecca Cockram
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 26th day of January, 2006.
My Commission Expires:
02/03/06 12:39 FAX 703 790 8016 WALTON & ADAMS P.C. ~002/006
WALTON & ADAMS. P.C.
February3,2006
VIA FACSIMILE (540-853-1221) AND U.S. MAIL
William M. Hackworth, City Attorney
Office of the City Attorney
215 Church Avenue, SW
Taylor Municipal Building, Room 464
Roanoke, Virginia 24011
Re:
Zoning/Proffered Condition Amendmem Application for the
Pa~ek Henry High School Property and December 19, 2005,
Meeting of the Roanoke City School Board
Dear Mr. Haclcworth:
As you know, I have been contacted by City residents interested in the deliberations
regarding the zoning/proffered condition amendment application for the Patrick Henry High
School property. In the course of my review, I was asked to review whether the School Board
had taken any "official" action to support the application to amend the zoning/proffers for the
property. It appears that some action may have purportedly been taken at the December 19,
2005, "special" meeting.
In reviewing the notice and the agenda for the December 19, 2005, meeting, however, it
is apparent that the notice was defective under the Virginia Code and the School Boaxd's own
policies, and that the agenda violated the School Board's adopted policies. Just as with the
original deficient newspaper advertisements for the public hearings on the application, these
defects render any action purportedly taken by the School Board on December 19, 2005, ultra
02/03/06 12:40 FAX 703 790 8016 WALTON & ADAMS P.C. ~003/006
William M. Hackwo~h, City Attomey
Febmary3,2006
Page 2
vires and void. While the notice procedures applicable to the School Board may be different
from those in the zoning arena, I strongly doubt that a court would' find them any less mandatory.
As you may be aware, the School Board had a meeting scheduled for December 15, 2005.
I was recently provided with a copy of the agenda for that meeting. (See Attachment #1). It
mentions nothing about the Patrick Hera3' High School property application. The meeting,
however, was cancelled due to inclement weather that snarled much of Virginia that day and the
next few days. Rather than reschedule this meeting afar proper notice, the School Board held a
meeting on the following Monday, December 19. But rather than keep the same agenda, the
School Board added, under the "Supervisor's Items," a new agenda item, "Petition to Amend
Proffered Condition on Certain Property Located at 2102 Grandin Road, SW." (See Attachment
#2.) This is the same language found in the legally deficient newspaper advertisements for the
Planning Commission and City Council public hearings. Both in the agenda and in the ads, this
language fails to provide the public with adequate notice of the proposed action.
Based upon my review, it appears that the December 19, 2005, "special" meeting was
improperly called. It is also my understanding that three working days "notice of the date, time,
and location" of the meeting was not provided, certainly not "by placing a notice in a prominent
public location at which notices are regularly posted and in the central office of the School
Boar,t" While the School Board's adopted policy states that three working days notice is
required "if practicable," that phrase violates Va Code § 2.2-3707 and, I expect, would be
declared ultra vires.l While I am not sure at this time whether "[a]t least one copy of all agenda
packets and other nonexempt materials furnished to members of the School Board [was] made
available for public inspection at the same time the documents are furnished to School Board
members," if this requirement was not satisfied, it too would be a fatal flaw. Finally, even if the
December 19 meeting had been a proper "special meeting," notice was not "reasonable under the
circumstances," especially considering the patently defective language regarding the matter that
was used in the agenda, the weekend between December 15 and 19, and the inclement weather
that had cancelled the meeting on December 15.
Likewise, the December 19, 2005, meeting violated the School Board's own policy
regarding "Agenda Items, Preparation and Dissemination," which mandates that "[a]n agenda
shall be made available to ali School Board members and to the public and the press, unless such
documents are exempt under the Freedom of Information Act, at least three days prior to a
regularly scheduled meeting." It is my understanding that this did not occur, but even if it had, it
would have contained the defective "amend a proffered condition" description.
I would further add that the notice for the joint Planning Commission/City Council public
hearing on the Patrick Henry High School application states that at least one of the proposed
proffered conditious would mandate "substantial conformity with the Stadium Plan and the
The emabling authority does not contain the "if practicable" language in the School Board's policy, see Va. Code
2.2-3707, calrmg into question the legality of tlxis phrase, if not the entire provision.
02/03/06 12:40 FAX 703 790 8016 WALTON & ADAMS P.C. ~004/006
Wi~iamM. Haekworth, CRy A~omey
February3,2006
Page 3
S~adium Sections... dated December 2L 2005." (Emphasis added.) But that means that the
proffered plan was not even prepared until two days after the School Board's December 19
meeting. The only reasonable conclusion from this text of the advertisement is that what the
Planning Commission and City Council are trying to act upon on February 6, 2006, is an
application that has not even been reviewed by, let alone approved by, the School Board.
The December 19, 2005, School Board meeting was clearly called without proper notice
and without satisfying the mandatory agenda requirements. Further, the advertised proffered
plan~q were not even in existence on December 19, 2005. Therefore, before the School Board can
take any official action or position on the Patrick Henry High School property application, it
mustreconvene-afiersatisfyingallnotieeandagendareqnlrements. The School Board, like
the Planning Commission and the City Council, must follow the mandatory statutory and .
adopted policy procedures for meetings. To do otherwise is contrary to the due process rights of
the public, especially the parents and guardians of children in the school system, and would
jeopardizes (and nullify) the School Board's actions.
Absent the School Board's official affirmative support for the Patrick Henry High School
application, especially when the application's proffers purport to place mandatory restrictions
and controls on the School's use of the property, the application cannot be lawfully acted upon
by the Planning Commission or the City Council on February 6, 2006. Again, the City should
not subvert the due process rights of the public, the result of which is simply to jeopardize (and
nullify) the Commission's and the Council's actions.
Attachments
cc: Members, City Council
Members, School Board
Members, Planning Commission
Clerk, City Council
Clerk, School Board
Clerk, Planning Comraission
02/03/06 12:41 FAX 703 790 8016 WALTON & ADAMS P.C. ~005/006
02/03/06 12:43 FAX 703 790 6016 WALTON & ADAMS P.C. ~006/006
Roanoke City School Board
P.O. Box 13145
*Roanoke, VA 24031
5.
6.
7.
Special Meeting
Monday~ December :[9, 2005 - 7:45-9::L5 a.m.
School Administration Building - ROom 304
40 Douglass Avenue
.Aqenda
Welcome and Roll Call
Approval of Agenda
Superintendent'S ;items
- Review of November 14 Discussion of District
Mission and Vision Statement
Continued Discussion of Dlstdct
Mission and Vision Statement
What constitutes observable evidence?
What is the level of accountability?
- Petition to Amend Proffered Condition on Certain Property
Located at 2:L02 Grandln Road, SW
Identification of Priorities for Third Quarter
Library Advisory Board Study
Schedule Future Work Sessions
Adjournment
Chair
Board
Mr. Thompson
Board
Board
Board
Board
Chair
ATTACHMENT #2
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of Article V of Chapter 36.2, Code of the City of Roanoke (1979),
as amended, the Council of the City of Roanoke and the City of Roanoke Planning Commission will
hold a joint public heating on Monday, February 6, 2006, at 7:00 p.m., or as soon thereafier as the
matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building,
215 Church Avenue, S.W., Roanoke, Virginia, on the question of deleting the proffered zoning
condition presently binding upon Patrick Henry High School, located at 2102 Grandin Road, S.W.,
Roanoke, Virginia, and designated as Official Tax No. 1460101, and having certain revised and new
proffered conditions apply to the subject property.
The new and additional proffered conditions proposed to replace the proffered condition
presently binding on the subject property include a revised comprehensive plan of development
which sets forth the location and layout of a new high school sports stadium of approximately 3,000
seats, tennis courts and practice fields, and the following additional proffers:
· that the property will be developed in substantial conformity with the Site Plan prepared by Rife
+ Wood Architects dated December 5, 2005, a copy of which is attached to the Second Amended
Petition to Amend Proffered Condition as Exhibit Four, and the Utility Plan prepared by Rife +
Wood Architects dated December 5, 2005, a copy of which is attached to the Second Amended
Petition to Amend Proffered Condition as Exhibit Five;
· that the school sports stadium facility will be developed in substantial conformity with the
Stadium Plan and the Stadium Sections, prepared by Rife + Wood Architects dated December 21,
2005 and December 5, 2005, respectively, copies of which are attached to the Second Amended
Petition to Amend Proffered Condition as Exhibits Six and Seven, respectively;
· that the usage of the school sports stadium will be limited to high school athletics, graduation
ceremonies, and athletic events sponsored through the Parks & Recreation Department of the City of
Roanoke, and other youth sports only;
· that no less than 40% and no more than 60% of all home varsity football games, in a single
season, will be played during the daytime hours on Saturday, as the exact number of home football
games varies from year to year;
· that the school sports stadium may be utilized by William Fleming High School, subject to all
proffered conditions, and that William Fleming High School's right to use the Patrick Henry High
School stadium shall expire August 31, 2010;
· that all football games played at the stadium between Patrick Henry High School and William
Fleming High School, and any other City of Roanoke high school, will be played during daylight
hours only;
· that all other sporting events, other than varsity football, will begin during daylight hours, and
lights will only be used in the event of darkness to complete a game;
· that school sports stadium lighting will not be used for practices and will be utilized for game
play only;
· that all sound amplification systems will only be used for varsity football games, daytime
varsity soccer games, and future graduation assemblies should any be recommended by the
administration of the school;
· that manual traffic control will be provided before and after all home varsity football games and
graduation ceremonies at the intersections of Brandon Avenue and Grandin Road, Grandin Road and
Laburnum Avenue, Grandin Road and Avenel Avenue, and Guilford Avenue and Lotion Road in
coordination with the City of Roanoke Police Department;
· that the intersection of Lofton Road and Guilford Avenue will be blocked before, during, and
after every home varsity football game to prevent vehicular traffic, excluding emergency vehicles,
from entering and exiting the Patrick Henry High School campus from Lotion Road; and
· that the service entrance to Patrick Henry High School from Blenheim Road will be locked and
secured to prevent any parking or access, excluding emergency vehicles and team buses, before,
during and atier every home varsity football game.
A copy of this proposal is available for public inspection in the Office of the City Clerk,
Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
Questions about the content of the proposed conditions should be directed to the Office of Planning
Building and Economic Development, 853-1730.
All parties in interest may appear on the above date and be heard on the matter. If you are a
person with a disability who needs accommodations for this public heating, contact the City Clerk's
Office, 853-2541, by Thursday, February 2, 2006.
GIVEN under my hand this 13thday of January ,2006.
Mary F. Parker, City Clerk.
Martha P. Franklin, Secretary, Planning Commission
Please print in newspaper on Monday, January 23, and January 30, 2006.
Notice to Publisher:
Publish in the Roanoke Times on Monday, January 23, 2006 and Monday, January 30, 2006.
Send bill and affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
WALTON & ADAMS. RC.
February 6, 2006
(?os) 7~0-8000
(708) 790-8016
VIA FACSIMILE (540-853-1221) AND U.S. MAIL
William M. Hackworth, City Attorney
Office of the City Attorney
215 Church Avenue, SW
Taylor Mtmicipal Building, Room 464
Roanoke, Virginia 24011
Re~
Zoning/Proffered Condition Amendment Application for the
Patrick Henry High School Property & Victory Stadium
Dear Mr. Hackworth:
I recently read a news story that appeared to link the City Council's decision on the
Patrick Henry High School application with the demolition of Victory Stadium. If that is the
case, it would appear that certain members of at least your Planning Commission may have
conflicts of interest that should preclude them from considering the Patrick Henry High School -
and any vote regarding Victory Stadium. For example, if Commission or Council members
have or are doing work involving Patrick Henry High School (such as architectural, legal,
engineering or construction), if they or their companies have personal or business interests in
using the Victory Stadium land, if they are acting as an agent for the sale, lease or use of the
Victory Stadium property, or if they work for entities that may desire to use, purchase or lease
the Victory Stadium property or facilitate the use, lease or purchase for others, conflicts would
be apparent. Further, it is my understanding that certain Commission members may have staked
out positions on the Patrick Henry High School application prior to the application even being
brought before the Conunission. While that may be appropriate for Council members, as part a
legislative body, the same is not true for the Commission.
William M. Hackworth, City Attorney
February 6, 2006
Page 2
I trust that you will advise your Commission and Counsel members to recuse themselves
from voting on these matters, if appropriate.
Randall T. Greehan
CC~
Clerk, City Council
Clerk, Planning Commission
OTY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC Stephanie M. Moon, CMC
City Clerk Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
January 5, 2006
File #51
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Harris and Members of Council:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City
of Roanoke on Monday, April 6, 1981, or other instructions by the Council, the
following matter has been advertised for public hearing on Tuesday, January 17,
2006, at 7:00 p.m., in the City Council Chamber:
(1)
Request of the City of Roanoke to amend proffered conditions on
certain property located at 2102 Grandin Road, S. W., Official Tax
No. 1460101.
I am enclosing copy of a report submitted by the City Planning Commission.
With kindest personal regards, I am
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
L:\CLERK~DATA\CKEWI\Public Hearings~Public Hearings 2006~JAN 06~lanuary 17 Council Letter, doc
The Honorable Mayor and Members
of the Roanoke City Council
January 5, 2006
Page 2
pc:
Richard A. Rife, Chair, City Planning Commission, 1326 Grandin Road, S. W.,
Roanoke, Virginia 24015
Darlene L. Burcham, City Manager
Rolanda B. Russell, Assistant City Manager for Community Development
Susan S. Lower, Director, Real Estate Valuation
William M. Hackworth, City Attorney, transmitted electronically by e-mail
Steven J. Talevi, Assistant City Attorney
Philip C. Schirmer, City Engineer
Martha P. Franklin, Secretary, City Planning Commission
Sharon A. Mougin, Executive Secretary, City Manager's Office, transmitted
electronically by e-mail
L:\CLERK\DATA\CKEWI~PubIic Hearings~Public Hearings 2006X JAN 06X January 17 Council Letmr.doc
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk @ci.roanoke.va.us
January 6, 2006
File #5!
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Cao Ming Hua & Ren Haiging
Mr. and Mrs. Ronald W. Bingham
Mr. and Mrs. James M. McLeese
Ms. Michelle Peale
Ms. Lynn C. Wigginton
Mr. and Mrs. James E. Loesel
Ms. Patricia G. Wilson
Mr. and Mrs. Robert Weaver
Ms. Carlie V. English
Mr. Robert B. Lipscomb
Mr. Robert D. Lipscomb
Mr. and Mrs. John R. Patterson
Mr. David K. Cumins
Ms. Brenda R. Page
Ms. Dinia M. Pease
Mr. Kenneth C. Dunn
Ms. Alice C. Tuckwiller
Mr. and Mrs. Marvin C. Harrison
Mr. and Mrs. Colin P. Lunsford
Mr. and Mrs. James E. Hogan
Mr. and Mrs. Jeffrey O. Drinkert
Mr. and Mrs. Donald R. Bollas
Mr. and Mrs. James L. Hamrick
Mrs. and Mrs. Jonathon B. Todd
Mr. and Mrs. Benjamin L. Henderson
Ms. Tammy L. Crush
Mr. and Mrs. Theodore M. Smith
Ms. Mary Jane Shirley
Mr. and Mrs. Terry L. Clifton
Mr. Joseph A. Murrary
A E H Properties
Mr. and Mrs. John P. Fudge
Ms. Katrina A. Mabery
Ms. Virginia M. 8alserak
Ms. Sue C. Lipscomb
Mr. and Mrs. Ronald D. Whitlock, Sr.
Mr. and Mrs. Donald B. AIIder
Mr. and Mrs. Daniel R. Foutz
Ms. Olivia I. Byrd
Mr. and Mrs. Kevin R. Cunningham
Mr. and Mrs. Thomas H. Lambdon, III
Mr. and Mrs. R. Edward St. George
Shenandoah Life Insurance Co.
Mr. and Mrs. F. GeoffreyJennings
Mr. David W. Tucker
Mr. and Mrs. James M. George
Mr. and Mrs. Douglas B. Robison
Mr. and Mrs. Lynn C. Via
Mr. and Mrs. Jon G. McNeece
Ms. Jeannie E. Hurt
Mr. Jimmy W. Farley
Mr. and Mrs. Samuel F. Vance, III
Mr. and Mrs. Kermit E. Hale
Mr. Douglas H. Viehman
Ms. Diane S. Naif
Mr. Ronald R. Henderson, Sr.
Ms. Shirley Cawley
Mr. and Mrs. Michael P. Snow
Ms. Harriet G. Vance
Mr. and Mrs. Christopher W. Kaze
Mr. and Mrs. James H. Brown
Mr. and Mrs. Dale E. Wilkinson
Mr. and Mrs. Jack T. Meadows
Mr. Fances Kastler
Mr. and Mrs. Bruce A. Tolson
Mr. Stephen G. Ellis
Mr. Jerry P. Ellis
Mr. Frances Kastler
Mr. George C. Koss
Mr. and Mrs. Michael H. Pegram
Mr. Mark E. Barker
Ms. Elizabeth G. Velazquez
Mr. and Mrs. Gerald W. Danz
Nancy B. Williams Life Estate
L:~CLERK\DATA~CKEWI ~Poblic Hearings~Public Hearings 2006~JAN 06La. tlorneys and Adjoining Proper~ Owners.doc
Mr. George Williams
Mr. Michael L. Holland
Mr. Vernon E. Jolley, Jr.
Mr. and Mrs. Claude A. Hodges
Mr. Buddy D. Mason
Mr. James M. George
Mr. Darrell R. Craighead
Mr. and Mrs. Curtis E. Fuller
Trustees, Unitarian Universalist
Church of Roanoke
Mr. David A. Rogers
Ms. Judith E. Christophel
Ms. Elaine A. Noell
Mr. and Mrs. Neale J. Huff
Ms. Diana K. Kyle
Mr. Robert K. Salyer
Mr. Curtis E. Fooks
Ms. Nan Rae Marion
Mr. and Mrs. JeffreyJ. Hatch
Mr. James P. Gilmer, III
Ms. Jill M. Arliss
Mr. Herbert H. Smith, II.
Mr. and Mrs. Craig A. Johnson
Trustees, St. Elizabeth's Episcopal
Church
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted bythe Council of the City
of Roanoke on MoNday, April 6, 1981, I have advertised a public hearing for
Tuesday, January 17, 2006, at 7:00 p.m., or as soon thereafter as the matter may
be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, on the request of the City of
Reanoke to amend proffered conditions on certain property located at
2102 Grandin Road, S. W., Official Tax No. 1460101.
The City Planning Commission is recommending approval of the request, subject
to certain conditions. If you would like to receive a copy of the report of the City
Planning Commission, please call the City Clerk's Office at 540-853-2541.
This letter is provided for your information as an interested property owner and/or
adjoining property owner. If you have questions with regard to the matter, please
call the Department of Planning, Building and Development at 540-853-1730.
Sincerely,
Ma~F. Far~ker,~
City Clerk
MFP:ew
L:~ L~RKXDATA~CKEW 1 ~Public Heafings~Public Heatings 2006'0AN 06~Atto~e~ and Adjoining ~ Owners.doc
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, VLrginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk @c Lroanoke.va.us
December23,2005
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
File #51
Richard A. Rife, Chair
City Planning Commission
1326 Grandin Road, S. W.
Roanoke, Virginia 24015
Dear Mr. Rife:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as
amended, I am enclosing copy of a second amended petition received in the City
Clerk's Office on December 23, 2005, from Darlene L. Burcham, City Manager,
requesting Amendment of Proffered Conditions in connection with the rezoning of
a tract of land located at 2102 Grandin Road, S. W., Official Tax No. 1460101.
Sincerely,
Stephanie M. Moon,
Deputy City Clerk
SMM:ew
Enclosures
pc:
The Honorable Mayor and Members of the Roanoke City Council
Darlene L. Burcham, City Manager
Susan S. Lower, Director, Real Estate Valuation
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
L:\C LERK~DATAXCKEW I kRF. ZONING AND STREET CLOSURJE~Rezonings - Street Alley 06x2102 Grandin Road Sw 1460101 amendment No.
2.doc
SECOND AMENDED PETITION TO AMEND PROFFERED
CONDITION
1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Amendment of proffered conditions on certain property located at
2102 Grandin Road, S.W., Official Tax No. 1460101
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL
OF THE CITY OF ROANOKE:
By Ordinance No. 36795-071904, at the request of the City of
Roanoke, City Council rezoned the property identified as Official Tax No.
1460101 to INPUD, Institutional Planned Unit Development District, with
a proffered condition. A map of the property is attached hereto as Exhibit
1.
The Petitioner, the City of Roanoke, owns said land and requests
that the condition relating to said property be amended as hereinafter set
out.
The Petitioner believes that the subject amendment of proffer will
further the intent and purposes of the City Zoning Ordinance and its
Comprehensive Plan by permitting the development of a school sports
stadium on said property.
The Petitioner hereby requests that the following proffer accepted
by Ordinance No. 36795-071904 be deleted:
1. The property will be developed in substantial conformity
with the Site Plan prepared by Rife + Wood Architects dated
April 2, 2004, a copy of which is attached to this Petition for
Rezoning as Exhibit Four and the Utility Plan prepared by
Rife + Wood Architects dated April 2, 2004, a copy of which
is attached to this Petition for Rezoning as Exhibit Five,
subject to any changes required by the City during
comprehensive site plan review.
The Petitioner hereby requests that the following proffered
conditions be accepted and substituted for the proffer delineated above:
1. The property will be developed in substantial conformity with the
Site Plan prepared by Rife + Wood Architects dated December 5,
2005, a copy of which is attached to this Petition to Amend Proffered
Conditions as Exhibit Four, and the Utility Plan prepared by Rife +
Wood Architects dated December 5, 2005, a copy of which is
attached to this Petition to Amend Proffered Conditions as Exhibit
Five.
2. The school sports stadium facility will be developed in
substantial conformity with the Stadium Plan and the
Stadium Sections, prepared by Rife + Wood Architects dated
December 21, 2005 and December 5, 2005, respectively,
copies of which are attached to this Petition to Amend
Proffered Conditions as Exhibits Six and Seven, respectively.
3. That the usage of the school sports stadium will be limited to
high school athletics, graduation ceremonies, and athletic
events sponsored through the Parks & Recreation Department
of the City of Roanoke, and other youth sports only.
4. That no less than 40% and no more than 60% of all home
varsity football games, in a single season, will be played
during the daytime hours on Saturday, as the exact number of
home football games varies from year to year.
5. That the school sports stadium may be utilized by William
Fleming High School, subject to all proffered conditons.
William Fleming High School's right to use the Patrick
Henry High School stadium shall expire August 31, 2010.
6. That all football games played at the stadium between Patrick
Henry High School and William Fleming High School, and
any other City of Roanoke high school, will be played during
daylight hours only.
7. That all other sporting events, other than varsity football, will
begin during daylight hours; lights will only be used in the
event of darkness to complete a game.
8. That school sports stadium lighting will not be used for
practices and will be utilized for game play only.
9. That all sound amplification systems will only be used for
varsity football games, daytime varsity soccer games, and
future graduation assemblies should any be recommended by
the administration of the school.
10. That manual traffic control will be provided before and after
all home varsity football games and graduation ceremonies at
the intersections of Brandon Avenue and Grandin Road,
Grandin Road and Laburnum Avenue, Grandin Road and
Avenel Avenue, and Guilford Avenue and Lofton Road in
coordination with the City of Roanoke Police Department.
11. That the intersection of Lofton Road and Guilford Avenue
will be blocked before, during, and after every home varsity
football game to prevent vehicular traffic, excluding
emergency vehicles, from entering and exiting the Patrick
Henry High School campus from Lofton Road.
12. That the service entrance to Patrick Henry High School from
Blenheim Road will be locked and secured to prevent any
parking or access, excluding emergency vehicles and team
buses, before, during and after every home varsity football
game.
Attached as Exhibit 2 are the names, addresses and tax numbers of
the owner or owners of all lots or property immediately adjacent to and
immediately across a street or road from the subject property. Attached,
as Exhibit 3 is the currently approved site plan, dated April 2, 2004.
WHEREFORE, the Petitioner requests that the above-described
proffers be accepted as herein set out in accordance with the provisions of
the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this .~ day of December, 2005.
Respectfully submitted,
Darlene L. Bt~cham, City Manager
!
Darlene L. Burnham, City Manager
City of Roanoke
215 Chumh Avenue, S.W.
Roanoke, Virginia 24011
(540) 853-2333
Exhibit One
.Exhibit2
Tax No.
1 551201
1551204
'"1551205
55120{
1551207
1551208
'1551209
1551210
'"1551211
"155121
,'1551214
~551215
1551216
Adjoining Property Owners
Owner Name/Mailing Address
Cao Ming Hua & Ren Haiging
1302 Belle Aire Lane
Roanoke, VA 24018
Ronald and Misty Bingham
2412 Guildford Avenue, SW
Roanoke~ VA 24015
James and Jennifer McLeese
2416 Guilford Avenue, SW
Roanoke, VA 74015
Michelle Peale
2420 Guilford Avenue, SW
Roanoke~ VA 24015
Lynn C. Wiggin:on
2424 Guilford Avenue, 5W
Roanoke, VA 24015
James and Jean Loesl
2428 Guilford Avenue, SW
Roanoke~ VA 24015
Patricia G. Wilson
P O Box 4744
Roanoke, VA 24015-0744
Robert and Edna Weaver
2436 Guilford Avenue, SW
Roanoke~ VA 24015
Claire V. English
6300 Scotford Court
-1551212 J Roanoke, VA 24018 Robert B. Lipscomb
2413 Brldgehaven Trail
Richmond, VA 23233
Robert Lipscomb
2559 Winlfrey Drive
Roanoke~ VA 24018
John and Patricia Patterson
5903 Castle Rock Road
Roanoke, VA 24018
David K. Cumins
5 ! 45 Partridge Circle, 5W
Roanoke, VA 24014
Brenda R. Page
2602 Guilford Avenue, SW
Roanoke, VA 24015
/from mailing address
2326 Grandin Road, SW
Property address if different
2432 Guilford Avenue, SW
2440 Guilford Avenue, SW
Guilford Avenue, SW
2502 Guilford Avenue, 5W
2506 Guildford Avenue, SW
2512 Guilford Avenue, SW
1551217
15S1218
551219
i55122o
155122'
551223
1551224
1551225
'1551226
1551227
1551228
1551229
1551230
1551231
1551232
Dinia M. Pease
r 2608 Guilford Avenue, SW
Roanoket VA 24015
Kenneth C. Dunn
2612 Guilford Avenue, SW
Roanoke~ VA 24015
Alice C. Tuckwiller
2616 Guilford Avenue, SW
Roanoke~ VA 24015
Marvin and Sandra Harrison
2620 Guilford Avenue, SW
Roanoket VA 24015
Colin and Judith Lunsford
2624 Guilford Avenue, SW
Roanoke, VA 24015
James and Connie Hogan
2702 Guilford Avenue, SW
Roanoke~ VA 24015
Jeffrey and Deborah Drinkert
2708 Guilford Avenue, SW
Roanoke~ VA 24015
Donald and Barbara Bollas
2712 Guilford Avenue, SW
Roanoke, VA 24015
James and Janet Hamrlck
2716 Guilford Avenue, SW
Roanoke~ VA 24015
Jonathon and Ilona Todd
2720 Guilford Avenue, SW
Roanoke~ VA 24015
Benjamin and Nancy Henderson
222 Rocky Shore Lane
Moneta~ VA 24121
Tammy L. Crush
2728 Guilford Avenue, SW
Roanoke~ VA 24015
Theodore and Dianne Smith
2732 Guilford Avenue, SW
Roanoke~ VA 240 ! 5
Mary Jane Shirley
2802 Guilford Avenue, SW
Roanoke~ VA 24015
Terry and Phyllis Clifton
2806 Guilford Avenue, SW
Roanoket VA 24015
2724 Guilford Avenue, SW
2
1551233
1560501
1560502
1560503
Joseph A. Murrary
2810 Guilford Avenue, SW
Roanoke~ VA 24015
A E H Properties
225 Heidinger Drive
CaT, NC 27511
John and Nancy Fudge
2902 Guilford Avenue
Roanokef VA 24015
Katrina A. Mabery
Virginia/Vi. Balserak
2912 Guilford Avenue, SW
Roanoke~ VA 24015
1560504 ! Sue C. Lip$comb
i 2916 Guilford Avenue, SW
Roanoke, VA 24015 .
1560505 Ronald and Margaret Wh~tlock
2922 Gui ford Avenue, SW
1560506
1560507
1560508
1560509
1560610
1560512
1560811
1370102
Roanoke~ VA 24015
Donald and Heather AIIder
2928 Guilford Avenue
Roanoke~ VA 24015
Daniel and Laura Foutz
3002 Guilford Avenue, SW
Roanoke, VA 24015
Olivia I. Byrd
3006 Guilford Avenue, SW
Roanoke~ VA 24015
Kevhl and Jennifer Cunningham
3010 Guilford Avenue, SW
£oanoke, VA 24015
Thomas and Alice Lambdon
3014 Guilford Avenue, SW
Roanoke~ VA 24015
R. Edward and Corinne St.
George
3022 Gultford Avenue, SW
Roanoke~ VA 24015
Corinne St. George
3022 Guilford Avenue, SW
Roanoke~VA 24015
Shenandoah Li~ Insurance Co.
PO Box 12847
Roanoke~VA 24029
2816 Guilford Avenue, SW
Ore~on 'Avenue
(vacant lot)
2301 Brambleton Avenue,
SW
3
1370901 Geoffrey and SusanJennings
1744 Blair Road, SW
Roanoke, VA 24015
1370701 David Tucker
1743 Blair Road, SW
Roanoke~ VA 24015
1370707 James and Dana George
2340 Blenheim Road
Roanoke~ VA 24015
1370306 Douglas and Erie Robison
2517 Mt. Vernon Road, SW
Roanoke~ VA 24015
1370307 Lynn and Mary Via
2513 Mt. Vernon Road, SW
Roanoke~ VA 24015
1370308 Jon and Wendy McNeece
2507 Mt. Vernon Road, SW
Roanoke~, VA 24015
1370309 reannieE. Hurt
2501 Mt. Vernon Road, SW
Roanokep VA 24015
1350302 Jimmy W. Farley
2429 Mt. Vernon Road, SW
Roanoke, VA 24015
1350301 Samuel, Illand Deanne Vance
1640 Persinger Road, SW
Roanoke, VA 24Oi5
1350311 Kermit and Elizabeth Hale
2222 Blenheim Road, SW
Roanoke, VA 24015
1350312 Douglas Viehman
Diane Naif
2216 Blenheim Road, SW
Roanoke, VA 24015
1350307 Ronald and Shirley Henderson
2421 Mt. Vernon Road, SW
Roanoke~ VA 24015
1350209 Michael and April Snow
, 639 Perslnger Road
t Roanoke~ VA 24015
1350201
I. Harriet G. Vance
1656 Center Hill Road, SW
Roanoke, VA 24015
4
1350114 Christopher and Kelly Kaze
1647 Center Hill Road
Roanoke~ VA 24015
1450729 James and Cinda Brown
~ 702 Brandon Avenue, SW
Roanoke~ VA 24015
' Dale and Lora Wilkinson
1710 Brandon Avenue, SW
Roanoke, VA 24015
Jack and Ruth Meadows
1714 8randon Avenue, SW
Roanoke, VA 24015
Frances Kastler
1822 Mayfleld Drive
Roanoke, VA 24014
1450727
1450726
1450725
1450724
1450723
1450722
1450721
1450720
Bruce and Patricia Tolson
1806 Brandon Avenue, SW
Roanoke~ VA 24015
Stephen G. Ellis
Jerry P. Ellis
1810 Brandon Avenue, 5W
Roanoke~ VA 24015
Frances Kastler
1822 Mayfield Drive
Roanoke, VA 24014
George C. Koss
2854 Fairway Forest Circle
Salem, VA 24153
Michael and Cathy Pegram
1824 8randon Avenue, SW
Roanoke, VA 24015
145071 9 Mark E. Barker
1828 Brandon Avenue, SW
Roanoker VA 24015
1450718 Elizabeth Velazquez
1832 Brandon Avenue, SW
Roanoke~ VA 24015
1450717 i Gerald and Drue Danz
! 1836 Brandon Avenue, SW
Roanoke~ VA 24015
1450716 I Nancy B. Williams Life Estate
t 4423Brentwood Court
I Roanoke, VA 24018
1802 Brandon Avenue, SW
1814 Brandon Avenue, SW
1818 Brandon Avenue, SW
1840 Brandon Avenue, SW
145071
145071
5 George Williams
1994 Brown Gap Tp
Charlottesville, VA 22901
4 George Williams
1994 Brown Gap Tp
Charlottesville, VA 22901
1450713
1450712
1450711
1450710
1145o7o9r
1450708
1450707
1450706
1450705
1450704
1450701
1450315
1450314
1450313
1450214
George Williams
103 Fourth Street
Bluefield, WV 24701
Frances Kastler
1822 Mayfield Drive
Roanoke~ VA 24014
Frances Kastler
1822 Mayfield Drive
Roanoke~ VA 24014
Michael Holland
1918 Brandon Avenue, SW
Roanoke~ VA 24015
Vernon E. Jolley, Jr.
1922 Brandon Avenue, sW
Roanoke~ VA 24015
Claude and Mary Hodges
1926 Brandon Avenue, SW
Roanoke, VA 24015
Buddy and James George
110 E. First Street
Salem, VA 24153
Darrell R. Craighead
P O Box 1373
Salem, VA 24153
Curtis E. Fuller
1942 Brandon Avenue, 5W
Roanoke, VA 24015
Curtis and Ellen Fuller
1942 Brandon Avenue, SW
Roanoke, VA 2401 S
Trustees, Unitarian Universalist
Church of Roanoke
2015 Grandin Road, SW
Roanoke, VA 24015
David A. Rogers
2103 Grandln Road, SW
Roanoke, VA 24015
Brandon Avenue, 5W
(vacant lot)
i 902 Brandon Avenue, SW
Brandon Avenue, SW
(vacant lot)
1910 Brandon Avenue, SW
1914 Brandon Avenue, SW
1930 Brandon Avenue, SW
1934 Brandon Avenue, SW
1 938 Brandon Avenue, SW
-]
6
1450213 Judith E. Christophel
2] 11 Grandin Road, SW
Roanoker VA 24015
t 1450212 George and Elizabeth Marsh
212 i Grandin Road, SW
Roanoke, VA 24105
1 540524 Elaine A. Noell
2201 Grandin Road, SW
Roanoke~ VA 24015
1540523 Neale and Mary Huff
2215 Grandin Road, 5W
Roanoke~ VA 24015
1540522 Diana Kyle
Robert Salyer
2223 Grandin Road, SW
Roanoke~ VA 24015
1540521 Curtis Fooks
Nan Rae Marion
2231 Grandin Road, SW
Roanoke, VA 24015
1540520 ./effrey and Christina Hatch
2239 Grandin Road, 5W
Roanoke, VA 24015
1540519 James, III and Jill GIImer
2243 Grandin Road, SW
Roanoke, VA 24015
1540518 Herbert H. Smith, II 2255 Grandin Road, SW
5551 Catawba Valley Drive
Catawbar VA 24070
540324 Craig and Barbara Johnson
2343 Carter Road, SW
Roanoke, VA 24015 __
1540330 Trustees of St. Elizabeth's 2371 York Road, SW
Episcopal Church
P O Box 4706
Roanoke, VA 24015
156090~ City of Roanoke City Montgomery Avenue,SW
~__ Woodland Park I
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I
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE AMENDMENT OF PROFFERS REQUEST OF:
City of Roanoke, 2101 Grandin Road, S.W. )
) AFFIDAVIT
Official Tax No. 1460101
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Madha Pace Franklin, first being duly sworn, states that she is Secretary
to the Roanoke City Planning Commission, and as such is competent to make this
affidavit of her own personal knowledge. Affidavit states that, pursuant to the
provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of
the Planning Commission of the City of Roanoke, she has sent by first-class mail on
the 15th day of December, 2005, notices of a public hearing to be held on the 21st
day of December, 2005, on the amendment captioned above to the owner or agent
of the parcels listed below at their last known address:
Tax No. Owner Name/Mailing Address Property address if different
from mailing address
1551201 Cao Ming Hua & Ren Haiging 2326 Grandin Road, SW
1302 Belle Aire Lane
Roanoke, VA 24018
1551204 Ronald and Misty Bingham
2412 Guildford Avenue, SW
Roanoke, VA 24015
1551205 James and Jennifer McLeese
2416 Guilford Avenue, SW
Roanoke, VA 24015
1551206 Michelle Peale
2420 Guilford Avenue, SW
Roanoke, VA 24015
1551207 Lynn C. Wigginton
2424 Guilford Avenue, SW
Roanoke, VA 24015
1551208 James and Jean Loesl
2428 Guilford Avenue, SW
Roanoke, VA 24015
1551209 Patricia G. Wilson 2432 Guilford Avenue, SW
P O Box 4744
Roanoke, VA 24015-0744
1551210 Robert and Edna Weaver
2436 Guilford Avenue, SW
Roanoke, VA 24015
1551211 Claire V. English 2440 Guilford Avenue, SW
6300 Scotford Court
Roanoke, VA 24018
1551212 Robed B. Lipscomb Guilford Avenue, SW
2413 Bridgehaven Trail
Richmond, VA 23233
1551213 Robert Lipscomb 2502 Guilford Avenue, SW --
2559 Winifrey Drive
Roanoke, VA 24018
1551214 John and Patricia Patterson 2506 Guildford Avenue, SW
5903 Castle Rock Road
Roanoke, VA 24018
1551215 David K. Cumins 2512 Guilford Avenue, SW
5145 Partridge Circle, SW
Roanoke, VA 24014
1551216 Brenda R. Page
2602 Guilford Avenue, SW
Roanoke, VA 24015
1551217 Dinia M. Pease
2608 Guilford Avenue, SW
Roanoke, VA 24015
1551218 Kenneth C. Dunn
2612 Guilford Avenue, SW
Roanoke, VA 24015
1551219 Alice C. Tuckwiller
2616 Guilford Avenue, SW
Roanoke, VA 24015
1551220 Marvin and Sandra Harrison
2620 Guilford Avenue, SW
Roanoke, VA 24015
1551221 Colin and Judith Lunsford
2624 Guilford Avenue, SW
Roanoke, VA 24015
1551223 James and Connie Hogan
2702 Guilford Avenue, SW
Roanoke, VA 24015
1551224 Jeffrey and Deborah Drinkert
2708 Guilford Avenue, SW
Roanoke, VA 24015
1551225 Donald and Barbara Bollas
2712 Guilford Avenue, SW
Roanoke, VA 24015
1551226 James and Janet Hamrick
2716 Guilford Avenue, SW
Roanoke, VA 24015
1551227 Jonathon and Ilona Todd
2720 Guilford Avenue, SW
Roanoke, VA 24015
1551228 Benjamin and Nancy Henderson 2724 Guilford Avenue, SW
222 Rocky Shore Lane
Moneta, VA 24121
1551229 Tammy L. Crush
2728 Guilford Avenue, SW
Roanoke, VA 24015
1551230 Theodore and Dianne Smith
2732 Guilford Avenue, SW
Roanoke, VA 24015
1551231 Mary Jane Shirley
2802 Guilford Avenue, SW
Roanoke, VA 24015
1551232 Terry and Phyllis Clifton
2806 Guilford Avenue, SW
Roanoke, VA 24015
1551233 Joseph A. Murrary
2810 Guilford Avenue, SW
Roanoke, VA 24015
1560501 A E H Properties 2816 Guilford Avenue, SW
225 Heidinger Drive
Cary, NC 27511
1560502 John and Nancy Fudge
2902 Guilford Avenue
Roanoke, VA 24015
1560503 Katrina A. Mabery
Virginia M. Balserak
2912 Guilford Avenue, SW
Roanoke, VA 24015
1560504 Sue C. Lipscomb
2916 Guilford Avenue, SW
Roanoke, VA 24015
1560505 Ronald and Margaret Whitlock
2922 Guilford Avenue, SW
Roanoke, VA 24015
1560506 Donald and Heather AIIder
2928 Guilford Avenue
Roanoke, VA 24015
1560507 Daniel and Laura Foutz
3002 Guilford Avenue, SW
Roanoke, VA 24015
1560508 Olivia I. Byrd
3006 Guilford Avenue, SW
Roanoke, VA 24015
1560509 Kevin and Jennifer Cunningham
3010 Guilford Avenue, SW
Roanoke, VA 24015
1560610 Thomas and Alice Lambdon
3014 Guilford Avenue, SW
Roanoke, VA 24015
1560512 R. Edward and Corinne St. George
3022 Guilford Avenue, SW
Roanoke, VA 24015
1560811 Corinne St. George Oregon Avenue
3022 Guilford Avenue, SW (vacant lot)
Roanoke, VA 24015
1370102 Shenandoah Life Insurance Co. 2301 Brambleton Avenue, SW
P O Box 12847
Roanoke, VA 24029
1370901 Geoffrey and Susan Jennings
1744 Blair Road, SW
Roanoke, VA 24015
1370701 David Tucker
1743 Blair Road, SW
Roanoke, VA 24015
1370707 James and Dana George
2340 Blenheim Road
Roanoke, VA 24015
1370306 Douglas and Evie Robison
2517 Mt. Vernon Road, SW
Roanoke, VA 24015
1370307 Lynn and Mary Via
2513 Mt. Vernon Road, SW
Roanoke, VA 24015
1370308 Jon and Wendy McNeece
2507 Mt. Vernon Road, SW
Roanoke, VA 24015
1370309 Jeannie E. Hurl
2501 Mt. Vernon Road, SW
Roanoke, VA 24015
1350302 Jimmy W. Farley --
2429 Mt. Vernon Road, SW
Roanoke, VA 24015
1350301 Samuel, III and Deanne Vance
1640 Persinger Road, SW
Roanoke, VA 24015
1350311 Kermit and Elizabeth Hale --
2222 Blenheim Road, SW
Roanoke, VA 24015
1350312 Douglas Viehman
Diane Naif
2216 Blenheim Road, SW
Roanoke, VA 24015
1350307 Ronald and Shirley Henderson
2421 Mt. Vernon Road, SW
Roanoke, VA 24015
1350209 Michael and April Snow
1639 Persinger Road
Roanoke, VA 24015
1350201 Harriet G. Vance
1656 Center Hill Road, SW
Roanoke, VA 24015
1350114 Christopher and Kelly Kaze
1647 Center Hill Road
Roanoke, VA 24015
1450729 James and Cinda Brown
1702 Brandon Avenue, SW
Roanoke, VA 24015
1450727 Dale and Lora Wilkinson
1710 Brandon Avenue, SW
Roanoke, VA 24015
1450726 Jack and Ruth Meadows
1714 Brandon Avenue, SW
Roanoke, VA 24015
1450725 Frances Kastler 1802 Brandon Avenue, SW
1822 Mayfield Drive
Roanoke, VA 24014
1450724 Bruce and Patricia Tolson
1806 Brandon Avenue, SW
Roanoke, VA 24015
1450723 Stephen G. Ellis
Jerry P. Ellis
1810 Brandon Avenue, SW
Roanoke, VA 24015
1450722 Frances Kastler 1814 Brandon Avenue, SW
1822 Mayfield Drive
Roanoke, VA 24014
1450721 George C. Koss 1818 Brandon Avenue, SW
2854 Fairway Forest Circle
Salem, VA 24153
1450720 Michael and Cathy Pegram
1824 Brandon Avenue, SW
Roanoke, VA 24015
1450719 Mark E. Barker
1828 Brandon Avenue, SW
Roanoke, VA 24015
1450718 Elizabeth Velazquez
1832 Brandon Avenue, SW
Roanoke, VA 24015
1450717 Gerald and Drue Danz
1836 Brandon Avenue, SW
Roanoke, VA 24015
1450716 Nancy B. Williams Life Estate 1840 Brandon Avenue, SW
4423Brentwood Court
Roanoke, VA 24018
1450715 George Williams Brandon Avenue, SW
1994 Brown Gap Tp (vacant lot)
Charlottesville, VA 22901
1450714 George Williams 1902 Brandon Avenue, SW
1994 Brown Gap Tp
Charlottesville, VA 22901
1450713 George Williams Brandon Avenue, SW
103 Fourth Street (vacant lot)
Bluefield, WV 24701
1450712 Frances Kastler 1910 Brandon Avenue, SW
1822 Mayfield Drive
Roanoke, VA 24014
1450711 Frances Kastler 1914 Brandon Avenue, SW
1822 Mayfleld Drive
Roanoke, VA 24014
1450710 Michael Holland
1918 Brandon Avenue, SW
Roanoke, VA 24015
1450709 Vernon E. Jolley, Jr.
1922 Brandon Avenue, SW
Roanoke, VA 24015
1450708 Claude and Mary Hodges
1926 Brandon Avenue, SW
Roanoke, VA 24015
1450707 Buddy and James George 1930 Brandon Avenue, SW
110 E. First Street
Salem, VA 24153
1450706 Darrell R. Craighead 1934 Brandon Avenue, SW
P O Box 1373
Salem, VA 24153
1450705 Curtis E. Fuller 1938 Brandon Avenue, SW
1942 Brandon Avenue, SW
Roanoke, VA 24015
1450704 Curtis and Ellen Fuller
1942 Brandon Avenue, SW
Roanoke, VA 24015
1450701 Trustees, Unitarian Universalist
1450315 Church of Roanoke
1450314 2015 Grandin Road, SW
1450313 Roanoke, VA 24015
1450214 David A. Rogers
2103 Grandin Road, SW
Roanoke, VA 24015
1450213 Judith E. Christophel
2111 Grandin Road, SW
Roanoke, VA 24015
1450212 George and Elizabeth Marsh
2121 Grandin Road, SW
Roanoke, VA 24105
1540524 Elaine A. Noell
2201 Grandin Road, SW
Roanoke, VA 24015
1540523 Neale and Mary Huff
2215 Grandin Road, SW
Roanoke, VA 24015
1540522 Diana Kyie
Robert Salyer
2223 Grandin Road, SW
Roanoke, VA 24015
1540521 Curtis Fooks
Nan Rae Marion
2231 Grandin Road, SW
Roanoke, VA 24015
1540520 Jeffrey and Christina Hatch --
2239 Grandin Road, SW
Roanoke, VA 24015
1540519 James, III and Jill Giimer --
2243 Grandin Road, SW
Roanoke, VA 24015
1540518 Herbert H. Smith, II 2255 Grandin Road, SW
5551 Catawba Valley Drive
Catawba, VA 24070
1540324 Craig and Barbara Johnson
2343 Carter Road, SW
Roanoke, VA 24015
1540330 Trustees of St. Elizabeth's 2371 York Road, SW
Episcopal Church
P O Box 4706
Roanoke, VA 24015
1560901 City of Roanoke City Montgomery Avenue,SW
Woodland Park
Notice also mailed to: Wendy Jones, President, Grandin Court Civic League, 2714
Tillett Road, S.W. 24015 and Kurt Navratil, President, Greater Raleigh Court Civic
League, 1877 Arlington Road, S.W. 24015
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 15th day of December, 2005.
Notary Public
My Commission Expires: r-~ -~-~' -~-'~
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, V'aginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk @ ci.roanoke.va.us
December 12, 2005
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
File #51
Richard A. Rife, Chair
City Planning Commission
1326 Grandin Road, S. W.
Roanoke, Virginia 24015
Dear Mr. Rife:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as
amended, I am enclosing copy of an amended petition received in the City Clerk's
Office on December 9, 2005, from Darlene L. Burcham, City Manager, requesting
Amendment of Proffered Conditions in connection with the rezoning of a tract of
land located at 2102 Grandin Road, S. W., Official Tax No. 1460101.
Sincerely,
Stephanie M. Moon,
Deputy City Clerk
SMM:ew
Enclosures
pc:
The Honorable Mayor and Members of the Roanoke City Council
Darlene L. Burcham, City Manager
Susan S. Lower, Director, Real Estate Valuation
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
K:~P~EZONING AND STREET CLOSURE~Rcz~nings - Street Alley 06~. 102 Grandin Road Sw 1460101 amendment.doc
FIRST AMENDED PETITION TO AMEND PROFFERED CONDITION
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
Amendment of proffered conditions on certain property located at
2102 Grandin Road, S.W., Official Tax No. 1460101
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL
OF THE CITY OF ROANOKE:
By Ordinance No. 36795-071904, at the request of the City of
Roanoke, City Council rezoned the property identified as Official Tax No.
1460101 to 1NPUD, Institutional Planned Unit Development District, with
a proffered condition. A map of the property is attached hereto as Exhibit
1.
The Petitioner, the City of Roanoke, owns said land and requests
that the condition relating to said property be amended as hereinafter set
out.
The Petitioner believes that the subject amendment of proffer will
further the intent and purposes of the City Zoning Ordinance and its
Comprehensive Plan by permitting the development of a school sports
stadium on said property.
The Petitioner hereby requests that the following proffer accepted
by Ordinance No. 36795-071904 be deleted:
1. The property will be developed in substantial conformity
with the Site Plan prepared by Rife + Wood Architects dated
April 2, 2004, a copy of which is attached to this Petition for
Rezoning as Exhibit Four and the Utility Plan prepared by
Rife + Wood Architects dated April 2, 2004, a copy of which
is attached to this Petition for Rezoning as Exhibit Five,
subject to any changes required by the City during
comprehensive site plan review.
The Petitioner hereby requests that the following proffered
conditions be accepted and substituted for the proffer delineated above:
1. The property will be developed in substantial conformity with the
Site Plan prepared by Rife + Wood Architects dated December 5,
2005, a copy of which is attached to this Petition to Amend Proffered
Conditions as Exhibit Four, and the Utility Plan prepared by Rife +
Wood Architects dated December 5, 2005, a copy of which is
attached to this Petition to Amend Proffered Conditions as Exhibit
Five.
2. The school sports stadium facility will be developed in
substantial conformity with the Stadium Plan and the
Stadium Sections, prepared by Rife + Wood Architects dated
December 5, 2005, copies of which are attached to this
Petition to Amend Proffered Conditions as Exhibits Six and
Seven, respectively.
3. That the usage of the school sports stadium will be limited to
high school athletics, graduation ceremonies, and athletic
events sponsored through the Parks & Recreation Department
of the City of Roanoke, and other youth sports only.
4. That no less than 40% and no more than 60% of all home
varsity football games, in a single season, will be played
during the daytime hours on Saturday, as the exact number of
home football games varies from year to year.
5. That the school sports stadium may be utilized by William
Fleming High School, subject to conditions 3 and 4 above.
William Fleming High School's right to use the Patrick
Henry High School stadium shall expire August 31, 2010.
6. That all football games played at the stadium between Patrick
Henry High School and William Fleming High School, and
any other City of Roanoke high school, will be played during
daylight hours only.
7. That all other sporting events, other than varsity football, will
begin during daylight hours; lights will only be used in the
event of darkness to complete a game.
8. That school sports stadium lighting will not be used for
practices and will be utilized for game play only.
9. That the school sports stadium public address system will
only be used for varsity football games, daytime varsity
soccer games, and future graduation assemblies should any
be recommended by the administration of the school.
10. That manual traffic control will be provided before and after
all home varsity football games and graduation ceremonies at
the intersections of Brandon Avenue and Grandin Road,
Grandin Road and Laburnum Avenue, Grandin Road and
Avenel Avenue, and Guilford Avenue and Lotion Road in
coordination with the City of Roanoke Police Department.
11. That the intersection of Lofton Road and Guilford Avenue
will be blocked before, during, and after every home varsity
football game to prevent vehicular traffic, excluding
emergency vehicles, from entering and exiting the Patrick
Henry High School campus from Lofton Road.
12. That the service entrance to Patrick Henry High School from
Blenheim Road will be locked and secured to prevent any
parking or access, excluding emergency vehicles and team
buses, before, during and after every home varsity football
game.
Attached as Exhibit 2 are the names, addresses and tax numbers of
the owner or owners of all lots or property immediately adjacent to and
immediately across a street or road from the subject property. Attached,
as Exhibit 3 is the currently approved site plan, dated April 2, 2004.
WHEREFORE, the Petitioner requests that the above-described
proffers be accepted as herein set out in accordance with the provisions of
the Zoning Ordinance of the City of Roanoke.
~ 2005.
Respectfully submitted this ~ jday of December,
Respectfully submitted,
Darlene L. B~cham, City Manager
Darlene L. Burcham, City Manager
City of Roanoke
215 Church Avenue, S.W.
Roanoke, Virginia 24011
(540) 853-2333
Exhibit One
Tax No. 1460101
Exhibit 2
AdJoining Property Owners
Tax No. Owner Name/Mailing Address
1551201 CaoMing Hua&Ren Haiging
1302 Belle Aire Lane
Roanoke: VA 24018
1551204 Ronald and Misty 8ingham
2412 Guildford Avenue, SW
· Roanoke, VA 24015
1551205 JamesandJenniferMcLeese
2416 Guilford Avenue, SW
Roanoke, VA 24015
1551206 Michelle Peale
2420 Guilford Avenue, SW
Roanoke~ VA 24015
1551207 LynnC. Wigginton
2424 Guilford Avenue, SW
Roanoke~ VA 24015
1551208 James and Jean Loesl
2428 Guilford Avenue, SW
Roanoke, VA 24015
1551209 Patricia G. Wilson
P O Box 4744
Roanoke~ VA 24015-0744
1551210 Robert and Edna Weaver
2436 Guilford Avenue, SW
Roanoke, VA 24015
1551211 Claire V. English
6300 Scotford Court
Roanoke~ VA 24018
1551212 RobertB. Lipscomb
2413 Brldgehaven Trail
Richmond, VA 23233
1551213 RobertLipscomb
2559 Winlfrey Drive
Roanoke~ VA 24018
1551214 John and Patricia Patterson
5903 Castle Rock Road
Roanoke~ V_A 24018
1551215 DavidK. Cumins
5145 Partridge Circle, 5W
I Roanoke, VA 24014
1551216 BrendaR. Page
2602 Guilford Avenue, SW
_ Roanoke, VA 24015
Property address if different
from mailing address
2326 Grandin Road, SW
2432 Guilford Avenue, SW
2440 Guilford Avenue, SW
' Guilford Avenue, SW
2502 Guilford Avenue, SW
250~5 Guildford Avenue, SW
2512 Guitford Avenue, SW
1551217
1551218
1551219
1551220
1551221
1551223
1551224
1551225
551226
1551227
1551228
1551229
1551230
1'551231
1551232
Dinia M. Pease
2608 Guilford Avenue, SW
Roanoke, VA 24015
Kenneth C. Dunn
2612 Guilford Avenue. SW
Roanoke, VA 24015
Alice C. Tuckwiller
2616 Guilford Avenue, SW
Roanoke, VA 24015
Marvin and Sandra Harrison
2620 Guilford Avenue, SW
Roanoke, VA 24015
Colin and Judith Lunsford
2624 Guilford Avenue, SW
Roanoke, VA 24015
James and Connie Hogan
2702 Guilford Avenue, SW
Roanoke, VA 24015
Jeffrey and Deborah Drinkert
2708 Guilford Avenue, SW
Roanoke, VA 24015
Donald and Barbara 8ollas
2712 Guilford Avenue, SW
Roanoke, VA 24015
lames and Janet Hamrick
Guilford Avenue, SW
Roanoke, VA 24015
Jonathon and IIona Todd
2720 Guilford Avenue, SW
Roanoke~ VA 24015
Benjamin and Nancy Henderson
222 Rocky Shore Lane
Moneta, VA 24121
Tamm¥ L. Crush
2728 Guilford Avenue, SW
Roanoke, VA 24015
Theodore and Dianne Smith
2732 Guilford Avenue, SW
Roanoke~ VA 24015
Mary Jane Shirley
2802 Guilford Avenue, SW
Roanoke, VA 24015
Terry and Phyllis Clifton
2806 Guilford Avenue, SW
Roanoke, VA 24015
2724 Guilford Avenue, SW
2
1551233
2816 Guilford Avenue, SW
1 560501
1560502
Joseph A. Murrary
2810 Guilford Avenue, SW
Roanoke~ VA 24015
A E H ProPerties ----
225 Heidinger Drive
Car~, NC 27511
John and Nancy Fudge
2902 Gu Iford Avenue
Roanoke, VA 24015
1560503 KatrinaA. Mabery
Virginia M. Balserak
~ 2912 Guilford Avenue, SW
Roanokep VA 24015
1560504 ! Sue C. Lipscomb
2916 Guilford Avenue, SW
Roanoke, VA 24015
1560505 Ronald and MargaretWhitlock
2922 Guilford Avenue, SW
Roanokep VA 24015
1560506 I Donald and Heather AIIder
2928 Guilford Avenue
R_oanoke, VA 24015
1560507 Daniel and Laura Foutz
3002 Guilford Avenue, SW
Roanoke~ VA 24015 I'
1560508 OIIvla I. Byrd
3006 Guilford Avenue, SW
Roanoke~ VA 24015
1560509 KevinandJenniferCunningham .....
3010 Guilford Avenue, SW
Roanoke, VA 24015
1560610 Thomas and Alice Larnbdon
3014 Guilford Avenue, SW
Roanoke, V?__~24015
1560512 R. Edward and Corinne St.
George
3022 Guilford Avenue, SW
Roanoke~ VA 24015
1560811 Corinne St. George Oregon Avenue ---
3022 Guilford Avenue, SW (vacant lot)
Roanoke, VA 24015
1370102 Shenandoah Life Insurance Co. 2301 BrambletonAvenue,
P O Box ! 2847 SW
Roanoke~ VA 240~2.9
1370901
1370701
1370707
1370306
Geoffrey and Susan Jennin§$
1744 Blair Road, SW
Roanoke, VA 24015
David Tucker
1743 Blair Road, SW
Roanoke~ VA 24015
James and Dana George
2340 Blenheim Road
Roanoke~ VA 24015
Douglas and Erie Robison
2517 Mt. Vernon Road, SW
Roanoke~ VA 24015
1370307 Lynn and Maw Via
2513 Mt. Vernon Road, SW
Roanoke~VA 24015
1370308
1370309
1350302
1350301
1350311
1350312
1350307
t350209
1350201
Jon and Wendy McNeece
2507 Mt. Vernon Road, SW
Roanoke, VA 24015
Jeannie E. Hu~
2501 Mt. Vernon Road, SW
Roanoke, VA 24015
Jimmy W. Farley
2429 Mt. Vernon Road, SW
Roanoke~ VA 24015
Samuel, III and Deanne Vance
1640 Persinger Road, SW
Roanoke~ VA 24015
Kermit and Elizabeth Hale
2222 Blenheim Road, SW
Roanoke~ VA 24015
Douglas Viehman
Diane Naif
2216 Blenheim Road, SW
Roanoke, VA 24015
Ronald and Shirley Henderson
2421 Mt. Vernon Road, SW
Roanoke~ VA 24015
Michael and April Snow
, ! 639 Persinger Road
Roanoke~ VA 24015
Harriet G. Vance
1656 Center Hill Road, SW
Roanoke, VA 24015
4
135011 4 Christopher and Kelly Ka. ze
1647 Center Hill Road
Roanoke, VA 24015
1450729 James and Cinda Brown
1702 Brandon Avenue, SW
Roanoke, VA 24015
1450727 Dale and LoraWilkinson
17!0 Brandon Avenue, SW
~Ro~an_ok_~e VA 24015
-f~4-5-~-2-~ ! Ja~ ~nd Ruth Meadows
1714 Brandon Avenue, SW
Roanoke~ VA 24015
1450725 FrancesKastler
1822 Mayfield Drive
~ Roanoke, VA 24014
i 450724 ~d-~t~-l~(~lson
1806 Brandon Avenue, SW
t Roanoke~ VA 24015
1450723 Stephen G. Ellis
Jerry P. E I s
1450722
1450721
1450720
1450719
1450718
1450717i
1450716
1810 Brandon Avenue, SW
Roanoke~ VA 24015
Frances Kastler
1822 Mayfield Drive
Roanoke~ VA 24014
George C. Koss
2854 Fairway Forest Circle
Salem, VA 24153
Michael and Cathy Pegram
1824 Brandon Avenue, SW
Roanoke, VA 24015
Mark E. Barker
1828 Brandon Avenue, SW
Roanoke, VA 24015
.:lizabet h Velazquez
832 Brandon Avenue, SW
Roanoke, VA 24015
Gerald and Drue Danz
1836 Brandon Avenue, SW
Roanoke, VA 24015
Nancy B. Williams Life Estate
4423Brentwood Court
Roanoke, VA 24018
,1802 Brandon Avenue, SW
1814 Brandon Avenue, SW
t818 Brandon Avenue, SW
1840 Brandon Avenue, SW
5
1450715 George Williams Brandon Avenue, SW
,1994 Brown Gap Tp (vacant lot)
Charlottesville, VA 22901
1450714 George Williams 1902 Brandon Avenue, SW
1994 Brown Gap Tp
Charlottesville, VA 22901
145071 3 George Williams Brandon Avenue, SW
103 Fourth Street (vacant lot)
Bluefield, WV 24701
1450712 1910 Brandon Avenue, SW
1450711
1450710
1450709
1450708
1450707
1450706
1450705
Frances Kastler
1822 Mayfield Drive
Roanoke~ VA 24014
Frances Kastler
1822 Mayfield Drive
Roanoke, VA 24014
Michael Holland
1918 Brandon Avenue, SW
Roanoke, VA 24015
Vernon E. Jolley, Jr.
1922 Brandon Avenue, sW
Roanoke~ VA 24015
Claude and Mary Hodges
1926 Brandon Avenue, SW
Roanoke, VA 24015
Buddy and James George
i 10 E. First Street
Salem~ VA 24153
Darrell R. Craighead
PO Box 1373
Salem, VA 24153
Curtis E. Fuller
1942 Brandon Avenue, SW
Roanoke, VA 24015
1450704 Curtis and Ellen Fuller
1942 Brandon Avenue, SW
Roanoke, VA 24015
1450701 Trustees, Unitarian Universalist
1450315 Church of Roanoke
1450314 2015 Grandin Road, SW
1450313 Roanoke, VA 24015
1450214 David A. Rogers
2103 Grandln Road, SW
Roanoke, VA 24015
1914 Brandon Avenue, SW
1930 Brandon Avenue, SW
1934 Brandon Avenue, SW
1938 Brandon Avenue, SW
6
1450213 Judith E. Christophel
2111 Grandin Road, SW
Roanoke~ VA 24015
1450212 George and Elizabeth Marsh
2121 Grandin Road, SW
Roanoke, VA 24105
1540524 Elaine A. Noell
2201 Grandin Road, SW
Roanoke~.VA 24015
1540523 Neale and Mary Huff
2215 Grandin Road, SW
Roan0ke~ VA 24015 ....
1540522 Diana Kyle
Robert Salyer
2223 Grandin Road, SW
Roanoke~ VA 24015
] 540521 Curtis Fooks
Nan Rae Marion
2:)31 Grandin Road, SW
Roanoke, VA 24015
1540520 jeffrey and Christina Hatch
2239 Grandin Road, SW
Roanoke~ VA 24015
1540519 James, Ill and Jill GIImer
2243 Grandin Road, SW
Roanoke~ VA 24015
1540518 Herbert H. Smith, II 2255 Grandin Road, SW
5551 Catawba Valley Drive
Catawba~ VA 24070 ..
1540324 Craig and Barbara Johnson
2343 Carter Road, SW
Roanoke~ VA 24015
1 540330 Trustees of St. Elizabeth's 2371 York Road, SW
Episcopal Church
P O Box 4706
Roanoke~ VA 24015
1560901 City of Roanoke City Montgomery Avenue,SW
Woodland Park I __
7
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MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, XSrginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk ~ci,roanoke,va.us
November 11, 2005
File #51
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Richard A. Rife, Chair
City Planning Commission
1326 Grandin Road, S. W.
Roanoke, Virginia 24015
Dear Mr. Rife:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as
amended, I am enclosing copy of a petition received in the City Clerk's Office on
November9, 2005, from Darlene L. Burcham, City Manager, requesting
Amendment of Proffered Conditions in connection with the rezoning of a tract of
land located at 2102 Grandin Road, S. W., Official Tax No. 1460101; that a certain
proffer accepted by Ordinance No. 36795-071904 be deleted; and that a certain
proffer be accepted and substituted, in connection with development of a school
sports stadium on such property.
Sincerely, ~. ~tg,,,J,~
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
pc:
The Honorable Mayor and Members of the Roanoke City Council
Darlene L. Burcham, City Manager
Susan S. Lower, Director, Real Estate Valuation
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
K:~REZONING AND STREET CLOSURE~ezonings - Street Alley Closure 05X,nov 05~2102 Grandin Road Sw 1460101.dec
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of Article V of Chapter 36.2, Code of the City of Roanoke (1979),
as amended, the Council of the City of Roanoke will hold a Public Hearing on January 17, 2006, at
7:00 p.m., in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue,
S.W., on the question of amending proffered conditions presently binding upon certain property
located at 2102 Grandin Road, S.W., and designated as Official Tax No. 1460101.
A copy of this proposal is available for public inspection in the Office of the City Clerk,
Room 456, Noel C. Taylor Municipal Building. All parties in interest may appear on the above date
and be heard on the question.
If you are a person with a disability who needs accommodations for this public hearing,
contact the City Clerk's Office, 853-2541, by Thursday, January 12, 2006.
GIVEN under my hand this 3rd day of January . ,2006.
Mary F. Parker, City Clerk.
Notice to Publisher:
Publish in the Roanoke Times once on Monday, January 3, 2006 and Monday, January 10, 2006.
Send bill and affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
MARY F. PARKER
CITY OF ROANOKE CLERK'S OFFICE
215 CHURCH AVE SW RM 456
NOEL C. TAYLOR MUNICIPAL BLDG.
ROANOKE VA 24011
REFERENCE: 32143302
08988017
NOTICEOFPUBLICHEARIN
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virc~in~a. Sworn and subscribed before me this
~_~7~_ ay of 2006. Witness hand and
January
my
~ f~'~-c i/~ seal.
~ ~~~Notary Public
PUBLISHED ON: 01/'03 01/10
TOTAL COST: 253.92
FILED ON: 01/10/06
NO~E OF PUBLg
HF. JiBI~
S ignature:___~ __~____~ _~____~_ ~_~,/ Billing Services Represent at